Softnix | Terms & Conditions

Effective as of August 3, 2017. THESE TERMS OF SERVICE (“TERMS”) GOVERN YOUR USE OF OUR SERVICE.

ACCEPTANCE OF TERMS

We reserve the right, at our sole discretion, to modify the Services or to modify the Terms of Use, at any time and without prior notice. If we modify the Terms of Use, we will post the modification on the Site. We will also indicate the effective date and last update date at the top of this page. By continuing to access or use the Services after we have posted a modification on the Site or have provided You with notice of a modification, You are indicating that You agree to be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to You, Your only recourse is to cease using the Services.

PRIVACY

We consider Your privacy one of our highest priorities. Please refer to our Privacy Policy for information and notices concerning our collection and use of Your personal or confidential information.

ACCESS TO SERVICES

You are responsible for obtaining access to the Internet through devices that access web-based content. You must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device and You are responsible for all costs relating thereto.

USER RESTRICTIONS

You agree not to do any of the following in connection with using the Services:

• Reverse engineer, disassemble, decompile or otherwise attempt to derive source code from any software provided to You in connection with the Services (excluding the Softnix Agent), except to the extent the foregoing restriction is expressly prohibited by applicable law;
• Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
• Use, display, mirror, frame or utilize framing techniques to enclose the Site, or any individual element or materials within the Site, Softnix’s name, any Softnix trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without Softnix ‘ express written consent;
• Access, tamper with, or use non-public areas of the Site, Softnix ‘s computer systems, or the technical delivery systems of Softnix ‘s providers; Attempt to probe, scan, or test the vulnerability of any Softnix system or network or breach any security or authentication measures;
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Softnix or any of Softnix’ providers or any other third party (including another user) to protect the Services;
• Attempt to access or search the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than tools that access or search the Services through the API, software and/or search agents provided by Softnix or other generally available third party web browsers (such as Microsoft Internet Explorer, Google Chrome, Mozilla Firefox, Safari or Opera);
• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
• Use any meta tags or other hidden text or metadata utilizing a Softnix trademark, logo URL or product name without Softnix’s express written consent;
• Use the Services for the benefit of any third party or in any manner not permitted by the Terms of Use;
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
• Collect or store any personally identifiable information from the Services from other users of the Services without their express prior permission;
• Impersonate or misrepresent Your affiliation with any person or entity;
• Violate any applicable law or regulation;
• Contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
• “Stalk” or otherwise harass anyone;
• Collect personal data about other users for commercial or unlawful purposes; or
• Post non-local or otherwise irrelevant content, repeatedly post the same or similar content.

THIRD PARTY SITES / LINKS

External Sites. The Service may contain links to, or otherwise may allow You to connect to and use certain third party products, services or software under separate terms and conditions (collectively, “Other Services”) in conjunction with Our Service. If You decide to access and use such Other Services, be advised that Your use is governed solely by the terms and conditions of such Other Services, and We do not endorse, are not responsible for, and make no representations as to such Other Services, their content or the manner in which they handle Your data. Softnix is not liable for any damage or loss caused or alleged to be caused by or in connection with Your access or use of any such Other Services, or Your reliance on the privacy practices or other policies of such Other Services.

WARRANTY DISCLAIMER

YOU AGREE THAT USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, SOFTNIX DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SOFTNIX SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, SOFTNIX DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SOFTNIX SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SOFTNIX SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, SOFTNIX DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICES. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to You insofar as they relate to implied warranties.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL SOFTNIX BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SOFTNIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICES, FROM INABILITY TO USE THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICES OR ANY LINKS ON THE SOFTNIX SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICES OR ANY LINKS ON THE SOFTNIX SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to You.

SURVIVAL

Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification hereby survive any termination of the Terms of Use or any termination of Your use of the Services.

GOVERNING LAW

These Terms shall be governed by the laws of the State of Thailand without regard to conflict of laws principles. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of Thailand, for the purpose of resolving any dispute relating to Your access to or use of the Service.

INTEGRATION AND SEVERABILITY

The Terms of Use are the entire agreement between You and Softnix with respect to the Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between You and Softnix with respect to the Services. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

ASSIGNMENT OF TERMS

You may not assign or transfer the Terms of Use, by operation of law or otherwise, without Softnix’s prior express written consent. Any attempt by You to assign or transfer the Terms of Use, without such consent, will be null and of no effect. Softnix may assign or transfer the Terms of Use, in its sole discretion, without restriction. Subject to the foregoing, the Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.

FEEDBACK

We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by e-mailing us via the Site.

HEADINGS FOR CONVENIENCE ONLY

Headings are for convenience only and have no legal or contractual effect.

CONTACT

If you have any questions about these Terms of Use, please contact us at services@softnix.co.th