Terms & Conditions
OVERVIEW
This website is operated by
ProMobilEZ (Thailand) Co., Ltd. Throughout the site, the terms “we”,
“us” and “our” refer to ProMobilEZ (Thailand) Co., Ltd.
ProMobilEZ (Thailand) Co., Ltd offers this website, including all
information, tools and services available from this site to you, the
user, conditioned upon your acceptance of all terms, conditions,
policies and notices stated here.
By visiting our site
and/ or purchasing something from us, you engage in our “Service”
and agree to be bound by the following terms and conditions (“Terms
of Service”, “Terms”), including those additional terms and
conditions and policies referenced herein and/or available by
hyperlink. These Terms of Service apply to all users of the site,
including without limitation users who are browsers, vendors,
customers, merchants, and/ or contributors of content.
Please
read these Terms of Service carefully before accessing or using our
website. By accessing or using any part of the site, you agree to be
bound by these Terms of Service. If you do not agree to all the terms
and conditions of this agreement, then you may not access the website
or use any services. If these Terms of Service are considered an
offer, acceptance is expressly limited to these Terms of
Service.
Any new features or tools which are added to the
current store shall also be subject to the Terms of Service. You can
review the most current version of the Terms of Service at any time
on this page. We reserve the right to update, change or replace any
part of these Terms of Service by posting updates and/or changes to
our website. It is your responsibility to check this page
periodically for changes. Your continued use of or access to the
website following the posting of any changes constitutes acceptance
of those changes.
SECTION 1 - ONLINE STORE
TERMS
By agreeing to these Terms of Service, you
represent that you are at least the age of majority in your state or
province of residence, or that you are the age of majority in your
state or province of residence and you have given us your consent to
allow any of your minor dependents to use this site.
You
may not use our products for any illegal or unauthorized purpose nor
may you, in the use of the Service, violate any laws in your
jurisdiction (including but not limited to copyright laws).
You
must not transmit any worms or viruses or any code of a destructive
nature.
A breach or violation of any of the Terms will
result in an immediate termination of your Services.
SECTION
2 - GENERAL CONDITIONS
We reserve the right to
refuse service to anyone for any reason at any time.
You
understand that your content (not including credit card information),
may be transferred unencrypted and involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices. Credit card
information is always encrypted during transfer over networks.
You
agree not to reproduce, duplicate, copy, sell, resell or exploit any
portion of the Service, use of the Service, or access to the Service
or any contact on the website through which the service is provided,
without express written permission by us.
The headings
used in this agreement are included for convenience only and will not
limit or otherwise affect these Terms.
SECTION
3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We
are not responsible if information made available on this site is not
accurate, complete or current. The material on this site is provided
for general information only and should not be relied upon or used as
the sole basis for making decisions without consulting primary, more
accurate, more complete or more timely sources of information. Any
reliance on the material on this site is at your own risk.
This
site may contain certain historical information. Historical
information, necessarily, is not current and is provided for your
reference only. We reserve the right to modify the contents of this
site at any time, but we have no obligation to update any information
on our site. You agree that it is your responsibility to monitor
changes to our site.
SECTION 4 -
MODIFICATIONS TO THE SERVICE AND PRICES
Prices
for our products are subject to change without notice.
We
reserve the right at any time to modify or discontinue the Service
(or any part or content thereof) without notice at any time.
We
shall not be liable to you or to any third-party for any
modification, price change, suspension or discontinuance of the
Service.
SECTION 5 - PRODUCTS OR SERVICES
(if applicable)
Certain products or services may
be available exclusively online through the website. These products
or services may have limited quantities and are subject to return or
exchange only according to our Return Policy.
We have made
every effort to display as accurately as possible the colors and
images of our products that appear at the store. We cannot guarantee
that your computer monitor's display of any color will be
accurate.
We reserve the right, but are not obligated, to
limit the sales of our products or Services to any person, geographic
region or jurisdiction. We may exercise this right on a case-by-case
basis. We reserve the right to limit the quantities of any products
or services that we offer. All descriptions of products or product
pricing are subject to change at anytime without notice, at the sole
discretion of us. We reserve the right to discontinue any product at
any time. Any offer for any product or service made on this site is
void where prohibited.
We do not warrant that the quality
of any products, services, information, or other material purchased
or obtained by you will meet your expectations, or that any errors in
the Service will be corrected.
SECTION 6 -
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We
reserve the right to refuse any order you place with us. We may, in
our sole discretion, limit or cancel quantities purchased per person,
per household or per order. These restrictions may include orders
placed by or under the same customer account, the same credit card,
and/or orders that use the same billing and/or shipping address. In
the event that we make a change to or cancel an order, we may attempt
to notify you by contacting the e-mail and/or billing address/phone
number provided at the time the order was made. We reserve the right
to limit or prohibit orders that, in our sole judgment, appear to be
placed by dealers, resellers or distributors.
You agree to
provide current, complete and accurate purchase and account
information for all purchases made at our store. You agree to
promptly update your account and other information, including your
email address and credit card numbers and expiration dates, so that
we can complete your transactions and contact you as needed.
For
more detail, please review our Returns Policy.
SECTION
7 - OPTIONAL TOOLS
We may provide you with access
to third-party tools over which we neither monitor nor have any
control nor input.
You acknowledge and agree that we
provide access to such tools ”as is” and “as available”
without any warranties, representations or conditions of any kind and
without any endorsement. We shall have no liability whatsoever
arising from or relating to your use of optional third-party
tools.
Any use by you of optional tools offered through
the site is entirely at your own risk and discretion and you should
ensure that you are familiar with and approve of the terms on which
tools are provided by the relevant third-party provider(s).
We
may also, in the future, offer new services and/or features through
the website (including, the release of new tools and resources). Such
new features and/or services shall also be subject to these Terms of
Service.
SECTION 8 - THIRD-PARTY
LINKS
Certain content, products and services
available via our Service may include materials from
third-parties.
Third-party links on this site may direct
you to third-party websites that are not affiliated with us. We are
not responsible for examining or evaluating the content or accuracy
and we do not warrant and will not have any liability or
responsibility for any third-party materials or websites, or for any
other materials, products, or services of third-parties.
We
are not liable for any harm or damages related to the purchase or use
of goods, services, resources, content, or any other transactions
made in connection with any third-party websites. Please review
carefully the third-party's policies and practices and make sure you
understand them before you engage in any transaction. Complaints,
claims, concerns, or questions regarding third-party products should
be directed to the third-party.
SECTION 9 -
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If,
at our request, you send certain specific submissions (for example
contest entries) or without a request from us you send creative
ideas, suggestions, proposals, plans, or other materials, whether
online, by email, by postal mail, or otherwise (collectively,
'comments'), you agree that we may, at any time, without restriction,
edit, copy, publish, distribute, translate and otherwise use in any
medium any comments that you forward to us. We are and shall be under
no obligation (1) to maintain any comments in confidence; (2) to pay
compensation for any comments; or (3) to respond to any comments.
We
may, but have no obligation to, monitor, edit or remove content that
we determine in our sole discretion are unlawful, offensive,
threatening, libelous, defamatory, pornographic, obscene or otherwise
objectionable or violates any party’s intellectual property or
these Terms of Service.
You agree that your comments will
not violate any right of any third-party, including copyright,
trademark, privacy, personality or other personal or proprietary
right. You further agree that your comments will not contain libelous
or otherwise unlawful, abusive or obscene material, or contain any
computer virus or other malware that could in any way affect the
operation of the Service or any related website. You may not use a
false e-mail address, pretend to be someone other than yourself, or
otherwise mislead us or third-parties as to the origin of any
comments. You are solely responsible for any comments you make and
their accuracy. We take no responsibility and assume no liability for
any comments posted by you or any third-party.
SECTION
10 - PERSONAL INFORMATION
Your submission of
personal information through the store is governed by our Privacy
Policy. To view our Privacy Policy.
SECTION
11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally
there may be information on our site or in the Service that contains
typographical errors, inaccuracies or omissions that may relate to
product descriptions, pricing, promotions, offers, product shipping
charges, transit times and availability. We reserve the right to
correct any errors, inaccuracies or omissions, and to change or
update information or cancel orders if any information in the Service
or on any related website is inaccurate at any time without prior
notice (including after you have submitted your order).
We
undertake no obligation to update, amend or clarify information in
the Service or on any related website, including without limitation,
pricing information, except as required by law. No specified update
or refresh date applied in the Service or on any related website,
should be taken to indicate that all information in the Service or on
any related website has been modified or updated.
SECTION
12 - PROHIBITED USES
In addition to other
prohibitions as set forth in the Terms of Service, you are prohibited
from using the site or its content: (a) for any unlawful purpose; (b)
to solicit others to perform or participate in any unlawful acts; (c)
to violate any international, federal, provincial or state
regulations, rules, laws, or local ordinances; (d) to infringe upon
or violate our intellectual property rights or the intellectual
property rights of others; (e) to harass, abuse, insult, harm,
defame, slander, disparage, intimidate, or discriminate based on
gender, sexual orientation, religion, ethnicity, race, age, national
origin, or disability; (f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code
that will or may be used in any way that will affect the
functionality or operation of the Service or of any related website,
other websites, or the Internet; (h) to collect or track the personal
information of others; (i) to spam, phish, pharm, pretext, spider,
crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to
interfere with or circumvent the security features of the Service or
any related website, other websites, or the Internet. We reserve the
right to terminate your use of the Service or any related website for
violating any of the prohibited uses.
SECTION
13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We
do not guarantee, represent or warrant that your use of our service
will be uninterrupted, timely, secure or error-free.
We do
not warrant that the results that may be obtained from the use of the
service will be accurate or reliable.
You agree that from
time to time we may remove the service for indefinite periods of time
or cancel the service at any time, without notice to you.
You
expressly agree that your use of, or inability to use, the service is
at your sole risk. The service and all products and services
delivered to you through the service are (except as expressly stated
by us) provided 'as is' and 'as available' for your use, without any
representation, warranties or conditions of any kind, either express
or implied, including all implied warranties or conditions of
merchantability, merchantable quality, fitness for a particular
purpose, durability, title, and non-infringement.
In no
case shall ProMobilEZ (Thailand) Co., Ltd, our directors, officers,
employees, affiliates, agents, contractors, interns, suppliers,
service providers or licensors be liable for any injury, loss, claim,
or any direct, indirect, incidental, punitive, special, or
consequential damages of any kind, including, without limitation lost
profits, lost revenue, lost savings, loss of data, replacement costs,
or any similar damages, whether based in contract, tort (including
negligence), strict liability or otherwise, arising from your use of
any of the service or any products procured using the service, or for
any other claim related in any way to your use of the service or any
product, including, but not limited to, any errors or omissions in
any content, or any loss or damage of any kind incurred as a result
of the use of the service or any content (or product) posted,
transmitted, or otherwise made available via the service, even if
advised of their possibility. Because some states or jurisdictions do
not allow the exclusion or the limitation of liability for
consequential or incidental damages, in such states or jurisdictions,
our liability shall be limited to the maximum extent permitted by
law.
SECTION 14 - INDEMNIFICATION
You
agree to indemnify, defend and hold harmless ProMobilEZ (Thailand)
Co., Ltd and our parent, subsidiaries, affiliates, partners,
officers, directors, agents, contractors, licensors, service
providers, subcontractors, suppliers, interns and employees, harmless
from any claim or demand, including reasonable attorneys’ fees,
made by any third-party due to or arising out of your breach of these
Terms of Service or the documents they incorporate by reference, or
your violation of any law or the rights of a third-party.
SECTION
15 - SEVERABILITY
In the event that any provision
of these Terms of Service is determined to be unlawful, void or
unenforceable, such provision shall nonetheless be enforceable to the
fullest extent permitted by applicable law, and the unenforceable
portion shall be deemed to be severed from these Terms of Service,
such determination shall not affect the validity and enforceability
of any other remaining provisions.
SECTION 16 -
TERMINATION
The obligations and liabilities of
the parties incurred prior to the termination date shall survive the
termination of this agreement for all purposes.
These
Terms of Service are effective unless and until terminated by either
you or us. You may terminate these Terms of Service at any time by
notifying us that you no longer wish to use our Services, or when you
cease using our site.
If in our sole judgment you fail, or
we suspect that you have failed, to comply with any term or provision
of these Terms of Service, we also may terminate this agreement at
any time without notice and you will remain liable for all amounts
due up to and including the date of termination; and/or accordingly
may deny you access to our Services (or any part thereof).
SECTION
17 - ENTIRE AGREEMENT
The failure of us to
exercise or enforce any right or provision of these Terms of Service
shall not constitute a waiver of such right or provision.
These
Terms of Service and any policies or operating rules posted by us on
this site or in respect to The Service constitutes the entire
agreement and understanding between you and us and govern your use of
the Service, superseding any prior or contemporaneous agreements,
communications and proposals, whether oral or written, between you
and us (including, but not limited to, any prior versions of the
Terms of Service).
Any ambiguities in the interpretation
of these Terms of Service shall not be construed against the drafting
party.
SECTION 18 - GOVERNING LAW
These
Terms of Service and any separate agreements whereby we provide you
Services shall be governed by and construed in accordance with the
laws of Thailand.
SECTION 19 - CHANGES TO
TERMS OF SERVICE
You can review the most current
version of the Terms of Service at any time at this page.
We
reserve the right, at our sole discretion, to update, change or
replace any part of these Terms of Service by posting updates and
changes to our website. It is your responsibility to check our
website periodically for changes. Your continued use of or access to
our website or the Service following the posting of any changes to
these Terms of Service constitutes acceptance of those
changes.
SECTION 20 – IDENTITY OF THE COMPANY
ProMobilEZ (Thailand) Co., Ltd
traded under the name /
names: BKKFightgear
Location and visiting address:
18/8
Fico Building, 5th floor, Unit 504 Sukhumvit 21 Asoke Rd.,
Klongtoey-Nua Wattana, Bangkok, Thailand, 10110
Telephone number: +66-922540866
On
workdays from 9:30 AM to 18:30 PM Saturdays from 11:00AM to
18:30PM
Email: info@bkkfightgear.com
VAT
identification number Thailand:
If the entrepreneur's
activity is subject to a relevant licensing system: the data about
the supervisory authority;
SECTION 21
- CONTACT INFORMATION
Questions about the Terms
of Service should be sent to us at info@bkkfightgear.com.