1. Acceptance of the Present Terms & Conditions
By registering or using JAI BY ONESIAM on the mobile application or website (collectively, the “Service(s)”), you acknowledge that the use of the Service is subject to JAI BY ONESIAM’s Terms of Service (“TOS”, or “Agreement”) which you must accept in order to use the Service provided by Velocity Company Limited, a limited liability company duly incorporated and existing under the laws of Thailand (the “Company”, “we”, “our”, or “us”). Furthermore, the use of our Service means that you also agree to our Privacy Policy.
2. Changes to the Terms
We may amend these TOS from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted within the JAI BY ONESIAM application within Settings and also on JAI BY ONESIAM website, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the JAI BY ONESIAM application. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement. You agree that this Agreement shall supersede any prior agreements (except as specifically stated herein), and shall govern your entire relationship with JAI BY ONESIAM, including but not limited to events, agreements, and conduct preceding your acceptance of this Agreement.
3. Who Can Use the Services
You must be at least 20 years of age to create an account on JAI BY ONESIAM and use the Service. If you are considered as a minor in your country, you must have a permission of your legal representative to create an account on JAI BY ONESIAM and use the Service. If you are the legal representative of a minor JAI BY ONESIAM user and you want to contact us, send us a message here. No one under the age of 20 is allowed to create an account or use the Service.
By using the Service, you represent and warrant that:
- You can form a binding contract with JAI BY ONESIAM.
- You are not a person who is barred from receiving the Service under the laws of the United States or any other applicable jurisdiction.
- You have never been convicted of or pled no contest to a felony, a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry.
- You will comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations.
4. Your Account with Us
To access or use JAI BY ONESIAM, you may need to create an account with us. When you create this account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete. For more information regarding the personal data we collect from you and how we use it, please consider our Privacy Policy.
You are responsible for maintaining the confidentiality of your login credentials you use to sign up for JAI BY ONESIAM, and you agree that you are solely responsible (to us and to others) for the activity that occurs under your account. If you think someone has gained access to your account, please immediately contact us.
5. Safety; Your Interactions with Other Users.
Though JAI BY ONESIAM strives to encourage a respectful and safe user experience through various safety features, it is not responsible for the conduct of any user on or off of the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. In addition, you agree to review and follow JAI BY ONESIAM’s Safety Tips prior to using the Service. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money to other users.
You are solely responsible for your interactions with other users. You understand that JAI BY ONESIAM does not conduct criminal background checks on its users or otherwise inquire into the background of its users. JAI BY ONESIAM makes no representations or warranties as to the conduct of users. JAI BY ONESIAM reserves the right to conduct—and you agree that JAI BY ONESIAM may conduct—any criminal background check or other screening (such as sex offender register searches) at any time using available public records.
6. Rights JAI BY ONESIAM Grants You
JAI BY ONESIAM grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service’s benefits as intended by JAI BY ONESIAM and permitted by this Agreement. Therefore, you agree not to:
- use the Service or any content contained in the Service for any commercial purposes without our written consent.
- copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without JAI BY ONESIAM’s prior written consent.
- express or imply that any statements you make are endorsed by JAI BY ONESIAM.
- use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
- use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.
- upload viruses or other malicious code or otherwise compromise the security of the Service.
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.
- “frame” or “mirror” any part of the Service without JAI BY ONESIAM’s prior written authorization.
- use meta tags or code or other devices containing any reference to JAI BY ONESIAM or the Service (or any trademark, trade name, service mark, logo or slogan of JAI BY ONESIAM) to direct any person to any other website for any purpose.
- modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
- use or develop any third-party applications that interact with the Service or other users’ Content or information without our written consent.
- use, access, or publish the JAI BY ONESIAM application programming interface without our written consent.
- probe, scan or test the vulnerability of our Service or any system or network.
- encourage or promote any activity that violates this Agreement.
- violate the rights of JAI BY ONESIAM or others including patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights.
JAI BY ONESIAM may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your account.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
7. Rights You Grant JAI BY ONESIAM
By creating an account, you grant to JAI BY ONESIAM a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from Facebook, as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the Service or transmit to other users (collectively, “Content”). JAI BY ONESIAM’s license to your Content shall be non-exclusive, except that JAI BY ONESIAM’s license shall be exclusive with respect to derivative works created through use of the Service. For example, JAI BY ONESIAM would have an exclusive license to screenshots of the Service that include your Content. In addition, so that JAI BY ONESIAM can prevent the use of your Content outside of the Service, you authorize JAI BY ONESIAM to act on your behalf with respect to infringing uses of your Content taken from the Service by other users or third parties. This expressly includes the authority, but not the obligation, to send notices on your behalf if your Content is taken and used by third parties outside of the Service. Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent the Content contains personal information as defined by those laws).
In consideration for JAI BY ONESIAM allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service. By submitting suggestions or feedback to JAI BY ONESIAM regarding our Service, you agree that JAI BY ONESIAM may use and share such feedback for any purpose without compensating you.
You agree that JAI BY ONESIAM may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.
8. User Generated Content
You are solely responsible for the Content that you post on the Service or transmit to other users. You may not post as part of the Service, or transmit to the Company or any other user (either on or off the Service), any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that (i) all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false and (ii) you have the right to post the Content on the Service and grant the licenses set forth below.
You understand and agree that the Company may, but is not obligated to, monitor or review any Content you post as part of a Service. The Company may delete any Content, in whole or in part, that in the sole judgment of the Company violates this Agreement or may harm the reputation of the Service or the Company.
By posting Content as part of the Service, you automatically grant to the Company, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any posting and use of your Content by the Company will not infringe or violate the rights of any third party.
9. Rules of Conduct
In using our Service, you agree not to:
- Insult, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
- Upload or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as a limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
- Use any material or information, including images or photographs, which are made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless the Service specifically allows such messages.
- Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
- Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Services.
- Harvest or otherwise collect information about others, including e-mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Service or other user or usage information or any portion thereof.
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
- Use any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, "scrape," "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
- Post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
- Remove any copyright, trademark or other proprietary rights notices contained in the Service.
- Stalk or otherwise harass any other user of our Service or collect or store any personally identifiable information about any other user other than for purposes of transacting as a JAI BY ONESIAM user.
10. Disclaimer of Warranties; Limitations on Liability
Your use of our Service is at your own risk. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, JAI BY ONESIAM PROVIDES OUR SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO OUR SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. JAI BY ONESIAM DOES NOT REPRESENT OR WARRANT THAT OUR SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS ON OUR SERVICE WILL BE CORRECTED.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL JAI BY ONESIAM, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF JAI BY ONESIAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Governing Law; Dispute Resolution
You agree that the laws of Thailand, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the court of competent jurisdiction in Thailand, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the court in Thailand.
You and JAI BY ONESIAM agree that any dispute that has arisen or may arise between us relating in any way to your use of or access to the Services or the Content, any breach, enforcement, or termination of this Agreement, or otherwise relating to JAI BY ONESIAM in any way (collectively, “Covered Disputes”) will be resolved in accordance with the provisions set forth in this Section and Section 12.
12. Notice of Disputes
If either of us intends to seek arbitration of a dispute, that party must provide the other with notice in writing. The notice to JAI BY ONESIAM should be sent to: info@jaibyonesiam.com. JAI BY ONESIAM will send notice to your billing address, if provided, or otherwise to your email address. Your notice to JAI BY ONESIAM must: (i) provide your name, mailing address, and email address; (ii) describe the dispute; and (iii) state the relief you are requesting.
If we do not reach an agreement to resolve the dispute within 60 days after the notice is received, you or we may commence a proceeding or file a claim in the court of competent jurisdiction in Thailand. After we receive notice at the designated address that you intend to commence such proceeding or file such claim, we may reconsider our previous decision.
13. Termination
This Agreement shall remain in full force and effect while you use the Service and/or have a JAI BY ONESIAM account. You may disable your account at any time, for any reason, by following the instructions in "Settings" in the Service. JAI BY ONESIAM may terminate or suspend your account at any time without notice if the Company believes that you have breached this Agreement, or for any other reason, with or without cause, in its sole discretion. Upon such termination or suspension, you will not be entitled to any refund of unused fees for in app purchases. The Company is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account. After your account is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
14. Contact Information
If you have any questions about this Agreement or the Service, please contact us at: info@jaibyonesiam.com.
By using our Service, you consent to receiving electronic communications from us. These communications may involve sending emails to your email address provided during the creation of your account, posts to your in-app message inbox, or postings on the Services and will include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us.
