By downloading, accessing or using this Banpu Infinergy mobile application (“Mobile Application”), you agree to be bound by these Terms and Conditions of Use (“T&C”). We reserve the right to amend the T&C at any time. You understand that continue using of the Mobile Application will constitute acceptance of the T&C, as may be amended from time to time. You further understand that the Mobile Application is the complimentary services to you and it is not included as a part of the deliverables under the agreement between you and Banpu Infinergy.
In the T&C, the following capitalised terms shall have the following meanings, except where the context otherwise requires:
- “Account” means an account created by a User on the Mobile Application as part of Registration.
- “Banpu Infinergy” means Banpu Infinergy Co., Ltd.
- “Registration” means the act of creating an Account on the Mobile Application.
- “Services” means any and all the services provided by Banpu Infinergy via the Mobile Application to Users.
- “Users” means users of the Mobile Application, including you and “User” means any one of them.
3. GENERAL ISSUES ABOUT THE MOBILE APPLICATION AND THE SERVICES
3.1 Scope: The Mobile Application, the Services are for your own use only.
3.2 Prevention on use: We reserve the right to prevent you using the Mobile Application and the Services.
3.3 Equipment and Networks: The provision of the Services and the Mobile Application does not include the provision of any device or other necessary equipment to access the Mobile Application or the Services. To use the Mobile Application or Services, you will require Internet connectivity and appropriate telecommunication links. You acknowledge that the terms of agreement with your respective mobile network provider (“Mobile Provider“) will continue to apply when using the Mobile Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Mobile Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.
3.4 License to Use Material: By submitting any text or images (including photographs) (“Material”) via the Application, you represent that you are the owner of the Material, or have proper authorization from the owner of the Material to use, reproduce and distribute it.
4. LOCATION ALERTS AND NOTIFICATIONS
4.1 You agree to receive pre-programmed notifications (“Location Alerts”) on the Mobile Application from merchants if you have turned on locational services on your mobile telephone or other handheld devices (as the case may be).
5. YOUR OBLIGATIONS
5.1 Accurate information: You warrant that all information provided on Registration and contained as part of your Account is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the information in your Account.
5.2 Prohibitions in relation to usage of Services or Mobile Application: Without limitation, you undertake not to permit anyone else to use the Services or Mobile Application. In case you permit any one else, you shall be responsible for the liabilities that arise from using the Mobile Application:-
6. RULES ABOUT USE OF THE SERVICES AND THE MOBILE APPLICATION
6.1 We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Services or the Mobile Application will be free of faults, and we do not accept liability for any such faults, errors or omissions. In the event of any such error, fault or omission, you should report it by contacting us at contact center, telephone: +66 2 0956599, email: email@example.com.
6.2 We do not warrant that your use of the Services or the Mobile Application will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Services or the Mobile Application will be transmitted accurately, reliably or in a timely manner. Notwithstanding that we will try to allow uninterrupted access to the Services and the Mobile Application, access to the Services and the Mobile Application may be suspended, restricted or terminated at any time.
6.3 We reserve the right to change, modify, substitute, suspend or remove without notice any information or Services on the Mobile Application from time to time. Your access to the Mobile Application and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. For the avoidance of doubt, we reserve the right to withdraw any information or Services from the Mobile Application at any time.
6.4 We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of the T&C or may cause the ineffectiveness of the Services/Mobile Application.
7. SUSPENSION AND TERMINATION
7.1 If your Account is used in contravention of the T&C, we may suspend your use of the Services and/or Mobile Application.
7.2 If we suspend the Services or Mobile Application, we may refuse to restore the Services or Mobile Application for your use until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of the T&C.
7.3 Without limitation to anything else in this Clause 7, we shall be entitled immediately or at any time (in whole or in part) to: (a) suspend the Services and/or Mobile Application; (b) suspend your use of the Services and/or Mobile Application; and/or (c) suspend the use of the Services and/or Mobile Application for persons we believe to be connected (in whatever manner) to you, if:
7.3.1 You commit any breach of the T&C;
7.3.2 We suspect, on reasonable grounds, that you have, might or will commit a breach of the T&C; or
7.3.3 We suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.
7.4 Our rights under this Clause 7 shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
8. DISCLAIMER AND EXCLUSION OF LIABILITY
8.1 Notwithstanding our efforts to provide the Mobile Application and the Services will be with our commercially reasonable level of skill and care, you acknowledge that, other than as expressly set out in this T&C, we cannot make any specific warranties about the Mobile Application and the Services. You also acknowledge that the information on the Mobile Application and use of all related facilities are provided on an “as is, as available” basis.
8.2 We shall not be responsible or liable for any damages from your use of the Services, including but without limitation, loss of profits, revenues, or data, financial losses or indirect, special, consequencial, or punitive damages.
You agree to indemnify and keep us indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of (a) your use of the Services, (b) any other party’s use of the Services using your Account, and/or (c) your breach of any of the T&C, and to pay us damages, costs and interest in connection with such claim, action, suit or proceeding.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 Using our Services and Mobile Application do not give you ownership of any intellectual property rights, including without limitation copyrights and trademark, in the Services or the content you access. All or any of them may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted, circulated whether in whole or in part or use, unless expressly permitted by us, as the case may be.
11.1 We may periodically make changes to the contents of the Mobile Application, including to the descriptions, at any time and without notice. We assume no liability or responsibility for any errors or omissions in the content of the Mobile Application.
12. APPLICABLE LAW AND JURISDICTION
12.1 This T&C and any action related thereto shall be governed by the laws of Thailand. Any dispute out of or in connection with this T&C and any action related thereto shall be settled by the Thai courts.