Terms of Thaicom Express WiFi Service
The terms of Thaicom Express WiFi Service are an agreement between you (“User”) and Thaicom Broadcasting Company Limited (“TCB”), a company registered under the laws of Thailand, having its office located at 414 Phaholyothin Road, Samsen Nai, Phayathai, Bangkok 10400, Thailand.
1.1 Thaicom Express Wi-Fi service is made available to User to access the Internet data via TCB’s wireless access point(s) in Thailand (“Service”). User must agree to the terms of the Service (“Terms”) as specified hereof for the use of the Service. User acknowledges that the Service cannot be provide unless the Terms is accepted by User.
1.2 TCB reserves the right to change or modify the Terms at any time for any reason at TCB’s sole discretion. TCB will post a notice of such changes at www.thaicomexpress.net User’s continued use of the Service is deemed as User’s acceptance of the change or the modification of the Terms.
Only Users who are 20 years of age or older may use or register for the Service. If you are under age of 20, you may use the Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
3. WiFi User Account and Subscription of the Service
Before using the Service, User must register a WiFi User account (“WiFi User Account”), subscribes TCB Internet data package that best suits User, and pay the upfront service fee. The subscription of TCB Internet data package is on no-return and no-refund policy.
When signing up a new WiFi User Account, User is required to provide TCB the following information:
- Thailand National identification number or passport number of User;
- Email of User (Optional)
- Mobile number of User (Optional)
- Internet usage data of User according to the computer crime act 2564
When using the Service, User is aware that Thaicom Express WiFi software will automatically collect the following information from User:
- Mac address of the device that access to WiFi User Account;
- WiFi User Account information (such as type of Internet data package to which User subscribes, Usage log of the subscribed package, preferred language, etc.); and,
- Operation system of the device that access to WiFi User Account.
The purpose that TCB collects the information above are as follow:
- To register User for a Wi-Fi User Account on the Service
- To obtain contact information of User for communication purpose; and,
- To improve the quality of service
TCB has a measurement to maintain the security of personal information. according to the minimum standards required by law to prevent personal data that has been collected from accidental loss or has been accessed, disclosed, or modify without authority or wrongfully
- Information of user's ID card or passport number, e-mail address or telephone number will be stored no more than 2 years after not using the service.
- Traffic data, in order to comply with the computer crime act 2564, it is nescesssary to keep data for no more than 2 years.
TCB do not share, sell, transfer or otherwise exchange User’s personal data with any third parties, unless (i) required for the provision of the Service, (ii) permitted by laws, or (iii) User has given TC a consent.
These Terms will remain full force and effect while User use the Service.
6. Prohibited Use of the Service
User agrees not to do, attempt to do, or cause any other person to do any of the following in connection with the Service:
(a) Resell/rebrand the Service;
(b) Misrepresentation or disguise User’s age, identity or other required User’s information;
(c) Use the Service to carry on illegal acts/activities such as, but not limited to, gambling, to disseminate computer viruses/malware;
(d) Send or receive any material that breaches another person’s copyright or other intellectual property rights, and any other material that is illegal, obscene, indecent, fraudulent or in any manner or for any purpose, which constitutes a violation of the laws
The service is provided “as is” with all faults, defects and errors and without warranties of any kind, TCB disclaims all warranties regarding the service and the performance or suitability for user intended use.
All service names from the Service are trademarks of TCB and its suppliers or licensors, and may not be copied, imitated, or used, in whole or in part.
9. Limit of Liability
In no event shall TCB be liable for any direct, indirect, or consequential damages or loss of profits of revenues, whether foreseeable or not, arising out of the use of or inability to use the service. In no event shall the aggregate liability of TCB arising out of or relating to the use or inability to use the service exceed the amount of the service fee received by TCB in relation to the service provided to user.
User shall defend, indemnify and hold TCB, its directors, officers, employees, representatives and agents harmless from and against any and all claims, losses, damages, liabilities, costs and expenses:
10.1 Arising out of breach of its obligations, representations, warranties or covenants under these Terms; and,
10.2 From and against all applicable claims for libel, slander, obscenity, indecency; invasion or violation of privacy, defamatory, obscene or pornographic; infringement of copyright, patents and any other proprietary rights and/or intellectual property rights, arising from the materials or contents transmitted under the WiFi User Account.
11. Force Majeure
Neither party hereto shall be liable to the other party for failures and delays in performance of its obligations under these Terms due to any cause or circumstances beyond its control including but not limited to asteroids or other space calamity, sun outage, rain outage, solar disturbances, use of atomic weapons or Nuclear fusion or fission, acts of God, fire or flood, or acts of war, quarantine restrictions, embargoes, national emergencies, insurrections, strikes, lockouts and governmental restriction: if the performance of the Service has been prohibited by any court, governmental or regulatory body of competent jurisdiction.