General Terms and Conditions of Product and Service Usage 

The products and services usage specified herein and/or presented by www.gofive.co.th under the management of Gofive Co., Ltd. (the “Company”), having the office located at No. 2525 FYI Center Building, Building I, 5th Floor, Room No. 506, Rama IV Road, Khlong Toei Sub-district, Khlong Toei District, Bangkok 10110, including the service for products and services which will be available in the future (the “Products and Services”) shall be under the general terms and conditions of product and service usage (the “General Terms and Conditions of Service Usage”), and the terms and conditions of specific product and service usage (the “Terms and Conditions of Specific Service Usage”).

When the service user of the Company’s products, applications, and services (the “Service User”) accesses and/or enters into the application system for using the services relating to products and services, the Service User shall confirm and affirm with the Company, and the Company shall deem that the Service User’s confirmation and affirmation has been given to the Company that the Service User has accessed, examined, studied, inquired, and/or acknowledged the details of the terms and conditions for service usage prior to entry to use products and services. In addition, the Service User has also agreed, allowed and strictly complied with the terms and conditions of service usage (including the terms and conditions of service usage which may be additionally amended and revised in the future). However, in each access and/or entry of the Service User into the application system for using the services relating to products and services, it shall be deemed that the aforesaid affirmation and confirmation are given by the Service User every time.

Subject to the specific terms and conditions of service usage stated in the next part, the Service User acknowledges and complies with the general terms and conditions of service usage as per the following details.

1. Notification

The next statements are important. Please carefully read the terms and conditions for using the application service. After you have clicked “Agree”, it shall be deemed that you agree that you have read, understood, accepted, and agreed with the terms and conditions for using the application service specified in the registration form and other documents and any data prepared by Gofive Co., Ltd. (whether you have affixed your signature or not). In addition, you also agree to observe with the affirmation given by you. If you disagree or breach the terms and conditions  and intend not to further using the service, please stop using the application or stop using the service.

2. The Service User

The Service User confirms and affirms with the Company as follows.

2.1 In the case where the Service User is a natural person, full age, or aged of 18 years old and over; or in the case where the Service User is minor, the prior-consent must be given by a legal representative.
   
2.2 In the case where the Service User is any juristic person or entity, the Service User’s contact person and/or person who enters into any contract with the Company for using the products and services is a person who has a binding power and/or a person who is authorized to completely act on behalf of the said juristic person or entity.

2.3 For product and service usage, the Service User shall completely and correctly provide and disclose the updated data of the Service User. The Service User shall create an email and/or other internet system communication channel for receiving the news data and as a channel of the Company’s contact. Furthermore, in the case where the data provided and/or disclosed by the Service User to the Company is altered, the Service User has duty and agrees to revise the said data to always be updated. The Service User can revise the said data via the management system in website or application in the case where the Company establishes the management system for data revision, or the Service User notifies the revision of such data to the Company’s officer who provides services to the Service User.

2.4 The Service User has studied and understood the attributes, limitations, and conditions of the products and services displayed by the Company in the page of website www.gofive.co.th or application. The Service User has decided to use products and services with the existent attributes, limitations, and conditions, and accepted the change in attributes, limitations, and conditions which will be existent in the future, possibly resulting in the use of different products and services by the Service User from the previous service usage, for instance, service usage via working in different formats or features from before.

2.5 The Service User makes the decision on selecting the product and service usage by his/her own intention. In the case where the Service User is any juristic person or entity, the Company shall deem that the Service User is responsible for his/her decision on selecting the said product and service usage. If any problem occurs between the Service User and the contact person or the representative of the Service User, the Service User is aware that the Company has none of any duties to correct such problem of the Service User.

2.6 Upon request of the Company, the Service User shall deliver any essential documents and/or evidence to show that the Service User is capable and/or has power to use products and services selected by the Service User, such as identification card, house registration, affidavit of the Company, etc. In addition, the Service User shall sign in any documents for acknowledgement, and agree to bind in accordance with the agreements and conditions of product and service usage by the Service User under the Company’s consideration and opinion that it is appropriate and upon request for execution.

3. Product and Service Usage

3.1. The Company shall not be responsible for loss and/or damage either in any nature which is and/or may be an effect from the product and service usage of the Service User (either directly or indirectly).

3.2. The Company has established the terms of privacy policy (including future revision). The Service User should study, endeavor to grasp, and acknowledge the details of the said terms prior to the product and service usage of the Service User. The Service User can access, study, examine, and print the terms of privacy policy.

3.3 The Company shall, with its full effort, provide the services to the Service User. However, the Company is unable to warrant any outcome or success (whether in business, profit, or anything) which is expected or intended by the Service User to be acquired from the use of products and services selected by the Service User. In addition, the Company shall not be responsible for any losses and/or damages which are incurred or may be incurred under no circumstances.

3.4 Either during or after the period of the product and service usage of the Service User, the Service User confirms with the Company that the Service User shall not use any data and/or publicly express any opinions or in the system or form of which the data is widely accessible (including mass media, online media, and/or social media) which may cause damage or deterioration to the Company (whether in any forms). However, the Company is glad to take criticisms and advices from the Service User for further improving the Company’s services. The Service User can send criticisms and advices to the Company at [email protected].

3.5 Either during or after the period of the product and service usage of the Service User, if any problems and/or disputes are arisen between the Service User and the customer of the Service User and/or whoever as the result from the product and service usage of the Service User, the Service User acknowledges and solely takes responsibility for the actions taken with the said problems. The Company has no duty and/or responsibility to take any actions with the said problems and/or disputes. Furthermore, in the case where the Company must be damaged (either in any form as the result from any actions relating to such problems), the Service User agrees to take correct action for such damage to be entirely cleared and/or reimburse any damages which are incurred or may be incurred to the Company, including the Company’s director, executive, officer, and representative.

3.6 Pictures, formats, texts, data, opinions, and/or contents used by the Service User (including pictures, formats, texts, data, opinions, and/or contents expressed and/or posted by anyone in the Service User’s website or application) either in any product and service usage of the Service User, such as in the said website or advertising content, it shall be deemed to be the sole responsibility of the Service User. The Company has no duty to examine and/or screen the said pictures, formats, data, and contents, and the Company shall not be responsible for the damages occurred due to the usability, violation of the personal right, or problems occurred between the Service User and other person. In addition, the Service User must not use and/or allow the usage of the said pictures, formats, texts, data, opinions, and/or contents which are wrong or may be illegal and/or immoral against the society under no circumstances. In the case where the Company detects that the Service User fails to execute in accordance with such conditions, the Company reserves its right to delete those pictures, formats, texts, data, opinions, and/or contents, or cancel any product and service usage of the Service User that causes or may cause the problems and/or damages without the Company’s requirement to give an advance notice to the Service User.

3.7 Upon the Company’s request (either during or after the product and service usage of the Service User), the Service User is glad to collaborate with the Company in providing and disclosing the data, documents, and/or evidence relating to the product and service usage of the Service User to the Company. The Company shall disclose and/or deliver the said data, documents, and/or evidence to the government agencies and any entities with the legal power to observe the rules, regulations, laws, and/or orders of the said relevant government agencies and any entities with the legal power.

3.8 In using the product and service of the Service User, the Service User acknowledges and agrees that the Company has not affirmed or confirmed on the quality, worth, value, and/or any property of goods, products, and/or services offered or presented by the Service User and/or the third party, in relation to the product and service usage of the Service User, such as presentation in website or in advertising content. Furthermore, in the case where the Company must be damaged (whether in any forms) as the result from the execution relating to such case, the Service User agrees to take corrective action for the said damage to be entirely cleared or reimburse any occurred or contingent damages to the Company including the Company’s director, executive, officer, and representative.

3.9 In the product and service usage of the Service User, the Service User acknowledges and agrees that the Company has not affirmed or confirmed that the internet network system and/or service provision by the foreign service provider can be completely executed without fault, and/or stable throughout the service usage period. In the meantime, the Company reserves its right not to be responsible for any contingent loss or damage incurred from all of the aforesaid events. In the case where the Service User detects any fault of the service usage, the Service User can notify the Company for acknowledgement about the said fault via the communication channel of the terms and conditions of services.

3.10 The Service User affirms and confirms with the Company that the Service User understands, acknowledges, and strictly complies with the legal provisions relating to the product and service usage of the Service User (including rules, regulations, laws, and/or orders of the relevant agencies).

3.11 The Service User acknowledges and understands that in provision of products and services to the Service User, the Company is unable to affirm and confirm that none of the third parties can access, duplicate, revise, alter, and/or use the data, documents, and/or evidence relating to the product and service usage of the Service User (either being confidential or not), and/or damage or may cause any damage to the goods, products and services of the Service User.
 
4. Renewal and Cancellation of Service Use

4.1 The Service User can cancel the product and service usage by sending an email to notify his/her intention to request for cancelling the service usage at [email protected], or notify the intention to request for cancelling the service usage to the Company’s officer assigned to provide service to the Service User in writing at least 30 (thirty) days in advance, or execute in accordance with the requesting procedure for cancelling the service usage prescribed in the terms and conditions of specific product and service usage. However, the Company reserves its right not to refund all service fees paid by the Service User to the Service User.

4.2 To facilitate the Service User, the Company shall attempt to contact the Service User for giving an advance warning notice to the Service User prior to expiration of the service usage for the Service User’s renewal of the service usage prior to expiration of the service usage. However, the Service User remains having duty to contact the Company in order to give a notice of intention to renew the service usage, or not renew the service usage. Therefore, if the Company carries out none of contact or fails to contact the Service User, and the Service User fails to duly renew the service usage, the Company reserves its right not to be responsible for any occurred or contingent damages to the Service User or any person as the result of the expiration of service usage. Furthermore, if the Service User defaults the payment for renewing the service usage within the specified period, the Company shall deem that the product and service usage of the Service User is terminated upon expiration of the service usage.

5. Contact between the Service User and the Company, and Change in Rules, Regulations, and Terms and Conditions of Product and Service Provision

5.1 The contact between the Company and the Service User shall be mainly carried out through the email communication. Any service user confronts with the problem of product and service usage, or intends to inquire about the products and services, he/she can send email to [email protected]. However, the contact between the Company and the Service User may be by any additional specific mode depending on the specific product and service usage, being selected by the Service User for service usage. The said contact mode shall be specified in the specific terms and conditions of product and service usage for each product and service selected by the Service User for service usage.

5.2 The Company may revise the rules, regulations, and terms and conditions of product and service provision (including terms and conditions of service usage, and terms of privacy policy) to be always appropriate for facilitating the Service User. The Company shall attempt to give a notice to the Service User for acknowledgement about the revision in the said rules, regulations, and terms and conditions of product and service provision via website www.gofive.co.th. The Company reserves its right to revise the rules, regulations, and terms and conditions of products and service provision, without an advance notice to the Service User for acknowledgement. The Company shall not be responsible for damage occurred with the Service User or any other person as the result of the revision in rules, regulations, and terms and conditions of product and service provision under no circumstances.

6. Cancellation of the Use of Product Services and Services

The Company reserves its right to cancel the product and service usage of the Service User if the Company deems that the Service User breaches rules, regulations, and terms and conditions of product and service provision (including the terms and conditions of service usage, and terms of the privacy policy). It is unnecessary for the Company to give an advance notice to the Service User, and the Company shall not be responsible for any occurred or contingent damage to the Service User or any other person as the result of the said execution.

Other than the above general terms and conditions of service usage, the Service User must acknowledge and strictly comply with the terms and conditions of specific service usage stated in next part.

7. Limitation of the Responsibility

Any of your claim with the Company under no circumstances shall be liable by the Company not exceeding total value of your actual payment amount for the service fee due to the use of service during the occurrence of such claim. The Company must not, under no circumstances, be liable for you or any person either directly or indirectly for the punishing damages, economic damages, future contingent damages, or other damages or losses. The Company must not also be liable for any damages or injuries which may occur with or cause you or any person whose service is used by you, including but not limited to loss, damage, or injury occurred from or related to the service, application, and/or software, including but not limited to use or failure to use service, application, and/or software. Your trust on the completeness, accuracy, or existence of any advertising or consequence from any relationship or transaction between you and the third party, the Company, the buyer of the advertising, or the sponsor of the advertising of those persons appeared on the website page or referred from the use of service, application and/or software, even though the Company and/or the Company’s licensor of right are firstly advised about the possibility of such damages.

8. Delivery of the Written Notice

The Company may deliver a written notice to you by warning on the application, deliver an email to your email address in accordance with the data available by the Company, or communicate in writing to you by a registered mail or a postpaid mail to your address in accordance with the data available by the Company.

You may deliver a written notice to the Company (the said written notice is deemed to be delivered upon the receipt of the Company). The said written notice is delivered via a courier or a registered mail to the Company, using the contact detail as specified.