Services (referred to as “services” in these conditions of supply) are supplied by Asia Sponsorship News Co., Ltd. (the “Company”) on the following general terms which supersede and cancel all previous conditions of supply.
The website (referred to as the “Website” in these conditions of supply) is the Website developed and operated by the Company with the domain name asiasponsorshipnews.com and which shall include the sponsorship database, the news archive and all other databases featured on the Website (together the “Databases”) and related services (the “Services”).
The terms of any subscription entered into by the Company for the supply of services to a customer shall consist of these conditions and any such subscription shall supersede all previous discussions, negotiations, letters and agreements in relation to the supply of such services.
The customer accepts that services are to be delivered by the Company by the entry into by the customer of a binding agreement for the supply of such services on these terms and conditions or (in the absence of such written agreement) the accessing by customer of the Website, Databases and/or Services after the issuing by the Company of the user name and the password which shall be deemed to constitute acceptance of these terms and conditions of supply in relation to the services.
For the purposes of these terms and conditions, there shall be incorporated into them an agreement by the customer to pay the fee referred to in condition 4.
2. Subscriptions / Acceptable Use
Each subscription shall be made by application through submission of an online subscription form or a paper-based subscription form. Each subscription shall permit solely the person(s) expressly named in the subscription application form and subsequent invoice to access the Website, Databases and Services for so long as the customer remains a subscriber to the same and such person(s) remains employed by the customer. The customer will be issued with the appropriate number of user names and passwords to permit appropriate access to the Website, Database and Services. The customer agrees to inform the Company immediately upon any of the named person(s) leaving the employment of the customer in order for the Company to revoke such named person’s passwords and usernames and the customer shall further be responsible for ensuring that such persons do not access the Website, Databases and Services using any of the customer’s usernames or passwords thereafter. No further persons shall be permitted access to the Website, Databases and Services and without limitation the following are prohibited under the subscription:
(a) any person in addition to the named person(s) sharing a single user name and password;
(b) any part of the Website, Databases or Services being cached in proxy servers and accessed by individuals who have not registered with the Company as users of the Website, Databases or Services and paid the appropriate fee (such individuals are defined hereafter as “non-subscribers”); and/or
(c) access through a single user name and password being made available to multiple users on a network;
(d) any person to whom a password or username has been validly issued accessing the Website, Databases or Services with a view to copying, adapting, compiling or digesting all or part of the same with a view to (i) creating an internal information service that is available to non-subscribers across a network; (ii) creating a news or information service that is made available or distributed to non-subscribers by email, on an Intranet, a network, any electronic storage device or in hard copy format; (iii) forwarding, emailing or faxing records or news stories to non-subscribers.
You agree not to carry out or permit anybody else to carry out any of the prohibited acts set out in (a) to (d) above (the “Prohibited Acts”) and will take all reasonable steps to ensure that nobody apart from you accesses the Website, Databases or Services using your username and password. You are responsible for safeguarding the security of your username and password and agree that you will be liable for any use of the same by non-subscribers or any additional fees, charges or costs that may be due to the Company arising from (i) any unauthorised accessing or distribution of the Websites, Databases or Services (or any part thereof) by use of your username and password; or (ii) any of the Prohibited Acts carried using your username and password.
Without prejudice to the foregoing, customers are not permitted to allow their suppliers, agents, consultants or other third parties to use passwords or usernames that are not specifically assigned to them by the Company (i.e. unless they are persons employed by and specifically named in the customers’ subscription terms they are not authorised to use the Website, Databases and Services).
No refunds shall be entertained during the subscription period but the customer shall be allowed to switch nominee users at any time during the subscription period
Subject to condition 11, the subscription shall be for an initial period of one month, one year or two years depending on the subscription package purchased commencing on the date that the Company issues the customer with the relevant user name and password to enable the customer to access the Website, Databases and/or Services.
Unless either party shall have given the other not less than two weeks written notice of termination, this agreement shall continue in forth on the same terms and conditions as are herein contained for further consecutive periods of the same duration subject to agreement as to price for the provision of the services in respect of each such additional period.
The fee payable by the customer shall be the fee quoted in writing by the Company for the services to be supplied. All are exclusive of VAT or any other tax, surcharge or impost imposed by any competent authority upon or in relation to the supply of any services subject to these conditions which shall be determined as at the date of supply of the services and shall be payable by the customer.
5. Payment Conditions
All online purchases through the website shall be transacted immediately and account activation shall follow immediately. For other payment means, unless otherwise agreed in writing payment, payment shall be made by the customer within 30 days of the date of the Company’s invoice for the services. Time for payment shall be of the essence and all bank charges pursuant to the purchase of a transaction shall be borne by the customer.
The customer shall not be entitled to withhold the whole or any part of any payment due for services supplied on the ground of any alleged defect or any other claim whatsoever against the Company unless the defect or other claim is recognised by the Company and the Company agrees to such retention.
Non-payment on the due date shall entitle the Company to suspend any supply of any services and/or cancel the subscription without further notice and the provisions of this condition shall apply to this subscription and any other subscription between the Company and the customer.
Without prejudice to any other right or remedy that the Company may have, the Company reserves the right to charge interest on a daily basis on any amounts not paid when due at the rate of three per cent. per annum above the base rate for the time being of a recognized international bank in Thailand.
If the Company shall in good faith consider that the financial condition of the customer at any time does not justify continuation of supply on the terms of payment originally agreed, then the Company may (without prejudice to any other right or remedy available to it and without incurring any liability to the customer whatsoever) suspend supply and require full or partial payment in advance as a condition of continuing supply of the services.
6. The Information
The contents of the Website, Databases and/or Services are only for general information or use. The contents (or any part thereof) of the Website, Databases and/or Services must not be used by (or with the permission of) the customer as part of a competitive service to that of the Company. Data published by the Company is published in good faith and is the best information possessed by the Company at the stated date of publication.
The information on the Website, Databases and/or Services does not constitute advice and should not be relied upon by any person in making (or refraining from making) any decision. No liability is accepted by the Company in respect of any information or data published in good faith by it, whatever the grounds for liability might be unless such liability cannot be excluded by law and the Company hereby excludes any warranty, express or implied, as to the quality, accuracy, timeliness, completeness, performance, fitness for a particular purpose of the information on the Website, Databases and/or Services and the Website, Databases and/or Services in itself or any of its contents. The Company will not be liable for any damages (including, without limitation, damages for loss of business projects, or loss of profits) arising in subscription, tort or otherwise from the use of or inability to use the Website, Databases and/or Services, or any of its contents, or from any action taken (or refrained from being taken) as a result of using the Website, Databases and/or Services or any such contents.
The Company makes or gives no warranty that the contents of the Site are free from infection by viruses or anything else which have or might have contaminating or destructive properties.
Certain links on the Website, Databases and/or Services can lead to resources located on servers maintained by third parties over which The Company has no control and has sought no control. The Company accepts no responsibility or liability for any of the material contained on those servers or for any loss and/or damage or infection by viruses or anything else, which has contaminating or destructive properties.
Part of the Website, Databases and/or Services may contain advertising and other material submitted to the Company by third parties. The Company accepts no responsibility or liability for ensuring that material submitted for inclusion on the Website, Databases and/or Services complies with all applicable law. The Company will not be responsible for any error, omission or inaccuracy in advertising material, and reserves the right to omit, suspend or change the position of any advertising material submitted for insertion.
7. Ownership of Intellectual Property
Any copyright, database rights and other rights that may exist in any content or data supplied from the Website, Databases or Services or any part thereof is either owned or controlled by the Company and the subscription does not constitute the grant of a licence by the Company other than in accordance with these conditions.
The customer acknowledges that the information made available from the Website, Databases and/or Services may be subject to the rights of the respective owners/publishers under applicable international copyright and other laws governing intellectual property, and that use by the customer of the information may be limited or restricted thereunder.
The customer shall not and shall procure that no person acting with it shall (whether directly or through the use of any software program) create a database in electronic or structured manual form by regularly or systematically copying, downloading and storing all or any part of the pages from the Website, Databases or Services. No part of the Website, Databases or Services may be reproduced or transmitted to or stored in any other website throughout the page, nor may any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system, email, newsletter or other information service.
9. Force Majeure
The Company shall be relieved from any liability under any subscription incorporating these conditions if and to the extent that it may become unable to carry out all or any of its obligations as a result of any event or matter beyond its reasonable control. By way of illustration and not of limitation, the following are considered as events beyond the reasonable control of the Company: strike, lock-out or other industrial dispute, public disorder, riot, revolution, mobilisation, hostilities, war (whether or not formally declared), epidemic, fire, earthquake, storm, flood and other acts of God, official regulations, orders, requirements or acts of any Government, Governmental or administrative authority, transportation difficulties, working difficulties, machine breakdowns, failure of supplies or other causes whether similar or not.
10. Limitation of liability
Other than as expressly provided in these conditions and save as may be provided by law, the Company shall not be liable in respect of any loss or damage of any kind which may arise in connection with services delivered by the Company, howsoever such loss or damage may be caused and whether such liability arises in subscription or in tort or by reason of any representation. No terms shall be included in the subscription as to the fitness for any purpose or merchantability of any services delivered.
11. Termination and Suspension
Notwithstanding that any initial or fixed term has not yet expired and without prejudice to any other condition, the Company shall have the right (but not the obligation) to terminate or suspend the subscription by notice to the customer in the event of any one or more of the following happening:
(a) the customer becoming insolvent or otherwise unable to pay its debts or (being an individual) having a bankruptcy petition filed against his name or (being a company) being the subject of a petition for winding up or otherwise compounding with its creditors;
(b) the customer failing to pay the fee;
(c) the customer being in breach of any other of its obligations under these terms and conditions; and/or
(d) the customer breaching any restriction imposed by the Company in relation to the provision of the services.
These conditions and any subscriptions in which they are incorporated, shall be governed by and construed in accordance with Thailand law and the customer hereby submits to the non-exclusive jurisdiction of the Thailand courts.
13. Data Protection, Privacy and Cookies