(given on June 11, 2018)
It is recommended that you thoroughly read the following terms and conditions.
We welcome you to www.phenixbox.com or application PhenixBox (collectively “Platform”) Terms and conditions shall be applied when visiting the Platform. By accessing and/or using the Platform (as defined below), you agree to be bound by these terms and conditions (“Terms and Conditions”) Should you disagree with these Terms and Conditions, please refrain from accessing and/or using the Platform.
We restrict access to and use of protected parts of the Platform and/or services to customers who have user accounts with us solely. Should there be any violation or attempt to access any protected part of the Platform or information without permission and/or any part which are not intended to be access to, violator(s) shall be liable under the Computer Crimes Act BE 2550 or any applicable law.
If you are under 18 years of age or have not come of an age to give legal consent, you must attain a consent from or be under supervision of a parent(s) or legal guardian. Whereby it shall be deemed that the parent(s) or legal guardian has accepted the Terms and Conditions and shall assume responsibility for your actions both present and in the future.
1. Definitions and Interpretation
Unless otherwise specified, the definitions and interpretation set forth below shall apply to these Terms and Conditions.
1.1 Definitions
a) “Business Day” means working days in Thailand which related to the date on which commercial banks in Thailand operate.
b) “Customer” means you or users who have an account on the Platform and placing order(s) via the Platform.
c) “Intellectual Property” means all copyrights, patents, trademarks, service marks, geographical indications, domain names, frameworks, models, database, trade and business names, trade secrets, any confidential information including all other intellectual property which has similar or corresponding proprietary rights and application for registration of the same, whether existing in the present or later in the future or have been registered or not, and all benefits, privileges, right to prosecute, compensation and relief or other remedies from any violation, misappropriation, or breach of any of these rights.
d) “PhenixBox”, “we” or “us” refers to Asset World Trading Co., Ltd., a company incorporated under Thai laws with registration number 0105537141085, having its office located at No. 1 Empire Tower, South Sathorn Road, Yannawa Sub-district, Sathorn District, Bangkok 10120 Thailand
e) “Selling Price” means the price of goods displayed for sale to customers as stated on the Platform.
f) “Loss” refers to fines, losses, amounts to be paid, expenses (such as fees and attorney’s fees), service charges, litigation costs, claims for repayment and all other liabilities.
g) “Platform” refers to a website URL: www.phenixbox.com and mobile phone or tablet application named “PhenixBox” which operated and/or owned by us.
h) “Content” refers to all pages on the Platform, data, images, links, sounds, graphics, videos, software, applications, and other content displayed or made available on the Platform, including functionality or services provided on the Platform.
i) “Password” refers to the password which Customer who has an account with PhenixBox uses in conjunction with the Username to access the Platform and/or related services.
j) “Personal Information” means information which can be used to identify, contact or disclose your location, including but not limited to name, email address, shipping address, billing address, telephone number, credit/debit card, bank account used for making a payment and any information you provide to us when you create an account with us and/or place an order with us.
k) “Order” means purchase order(s) placed through the Platform in order to purchase goods available on the Platform.
l) “Goods” means a product (including any accessory thereof) available for sale to Customer on the Platform.
m) “Privacy Policy” refers to the privacy policy set forth in our Platform.
n) “Prohibited Materials” means data, graphics, photographs, codes, programs or other macros and/or other materials which:
– Contain threatening or damaging computer virus;
– Violation on Intellectual Property or any other proprietary rights, whether of ours or any other person;
– Considered to be defamatory, accusation or threat;
– May be offensive, obscene, abusive, fraudulent, harmful or unlawful; and/or
– In our sole discretion, construed or may be construed as offensive and/or despicable to any person.
o) “Services” means any service, information and function provided on the Platform.
p) “Purchasing Terms and Conditions” means the terms and conditions governing any purchase made by the Customer as defined in our Platform.
q) “Terms and Conditions” means these Terms and Conditions, attachments, including but not limited to, Privacy Policy, Purchasing Terms and Conditions, any and all rules and policies which may be from time to time published, released, and/or updated on the Platform.
r) “Trademark” means all trademarks, service marks, trade names, brands or any part of the brand and logo used and displayed on the Platform, whether registered or not, which are owned by PhenixBox or any third party.
s) “Username” refers to a unique name provided while registering an account with PhenixBox which used to identify a customer when accessing PhenixBox account system.
t) “You”, “your” or “yours” refers to a juristic person registered under Thai law or law of any other jurisdiction or an individual of at least 18 years of age or above, or whom otherwise under the supervision of a parent or legal guardian.
u) “Purchaser” means an individual or an entity who purchases Goods from a merchant who sells Goods on and through the Platform.
v) “Force Majeure” refers to a flood hazard, earthquake, fire, threat or terrorist attack, threat of war or war, riots, strikes, closure and cease of operation of any business, public transport or telecommunication system or any change under an order or applicable law.
1.2 Interpretation
References to any provision set out in these Terms and Conditions shall be construed as a reference to such provision as amended at relevant time. If in any part of the Terms and Conditions includes the words “include” or “including”, it shall be deemed to follow by “But not limited to” unless expressly stated otherwise. In the event of a conflict or inconsistency between two or more provisions under these Terms and Conditions, you agree to have such conflict or inconsistency to be resolved and enforced in a way that is in favour to PhenixBox.
2. General Terms of Use of the Services and/or Access to the Platform
2.1 You agree to comply with our guidelines, terms and conditions, notices, rules and policies, instructions for use of the Services and/or access to the Platform as a whole and as may be amended from time to time by us. We reserve the right to modify and update our guidelines, terms and conditions, notices, rules and policies and instruction at any time. Whereby you acknowledge and agree to any amendments and improvements of the same when published, released, and/or updated on the Platform.
2.2 You agree and undertake not to:
a) use the Platform and/or the services to disguise as another person or entity or display any false or misleading claim about a relationship with any person or entity.
b) use the Platform and/or the services for unlawful purposes; cause or expect to cause any damage to the Platform, any other users and/or public.
c) attempt to access without permission, interrupt, intervene, modify, obstruct, or cause failure or damage to computer system, server or network connected to the platform, usage of other users.
d) upload, email, post, promote, transmit or otherwise make available any false and/or unlawful advertising or information via the Platform and/or the services.
e) upload, email, post, promote, or transmit any material or documentation that contains or is suspected to contain computer viruses, worms, Trojan horses, groups of codes or malicious or damaging or causing a mistake or interfering with computer components or other mobile device(s) of customers or of the Platform or the services.
f) intervene other user’s account or collect other users’ information, including but not limited to any personal information.
g) use the Platform or the services for purposes other than according to the acceptable terms of use of any connected network, any related internet standard and other relevant laws, including the unauthorized use against the permission provided herein.
2.3 We reserve the right to make on changes, updates, modifications, alterations, suppresses, or cancellations all or any part of the Platform or the services at any time, for any reason and do not take any responsibility if such change, modification, modification, alteration, suspension or termination render you to not be able to access and/or use the Platform or the services in whole or any part thereof.
2.4 In our sole discretion, we reserve the right to:
a) track, monitor, screen, organize or otherwise copy any material on the Platform and/or the Services, including investigate any breach of these Terms and Conditions and may take any other action deems appropriate;
b) prevent, restrict, or revoke access to the Platform and/or the services under these Terms and conditions;
c) report any activity on the Platform that we suspect of violating any applicable laws, regulations or rules to any relating agency including cooperate with such agency;
d) request information and details about your usage and/or your access to the Platform at any time and exercise our rights under this article if you deny to provide the same or we have reason to believe that you provide us with inaccurate, misleading or false information; and/or
e) filter, reject, delete or move any content on the Platform that violates any of the Terms and Conditions, incurred complaints from other user, illegal, infringe intellectual property rights or legal order. It may also block transmission (including but not limited to status updates, posts, and/or conversations).
2.5 Your use and access to the Platform and/or the Services are also subject to the Privacy Policy set forth in https://service.phenixbox.com/privacy-policy-en/
2.6 Any purchase transaction shall be subject to the Purchasing Terms and Conditions set forth in https://service.phenixbox.com/en/term-of-use/
2.7 In addition to these Terms and Conditions, any specific terms and conditions or amendments thereof will apply in full force and effect.
3. Use of the Services
3.1 Except otherwise provided in these Terms and Conditions, this Clause 3 shall apply to your use of the Services.
3.2 The Services are limited to authorized customers. You must be a mature person and have the ability to enter into contracts under applicable law. Any customer who has breached or are in breach of these Terms and Conditions and any customer whose account has been suspended, whether permanent or temporary, may not use the Services even if such customer has complied with this Clause 3.2.
3.3 You agree to:
a) access and/or use the Platform and/or the Services, including to conduct any activity on the Platform for the purpose and in a way that is lawful and in good faith.
b) warrant that any data or information you post or display on or through the Platform is accurate and does not violate any applicable laws. You agree to solely be responsible for such data or information.
3.4 We provide services in a manner that facilitates the provision of premises and opportunities for trading to purchasers and merchants on the Platform. Whereby merchants who list and sell their products on the Platform are third party merchants (“Merchants”). For the avoidance of doubt, any purchasing between purchasers and merchants shall be an agreement or contract made directly between purchasers and merchants. And we will not be a contractual party to any agreement or any other contract between purchasers and merchants and shall not be held responsible, which may include for warranty in relation to such contract. We are not involved in transactions between users on the Platform. Notwithstanding the foregoing, all purchasing transactions on the Platform are subject to the Terms and Conditions, including other terms and conditions and policies in relation to the Platform.
3.5 In case you are a merchant, you agree to be bound by the following terms and conditions:
a) To prepare, upload product images, product description including any information relating to the store and products listed on the Platform in details and that are up-to-date. All photos of the products must be clearly and accurately display the products. We do not allow using selfies.
We reserve the right to authorize, refuse, discontinue or change the description, information, photos etc. relating to the products and the store.
b) To list and sell genuine, original, new and never-been-used products. We do not allow the listing and sale of products that imitate original products of any other brand, counterfeiting, infringing intellectual property rights/copyrights and/or which may considered illegal under any applicable law.
c) Products that are listed and sold on the Platform must be provided with a warranty (when practicable). In case products can be provided with a warranty, the merchant must inform of such detail when list such products on the Platform.
d) Be responsible for inventory management in their own stock and always update the details, information, photos, etc. related to the products and stores of the merchant.
4. Creating PhenixBox Account
4.1 In order to use services on the Platform, you are required to register to create PhenixBox account and provide your personal information. Whereby we may consider to determine and issue username and password to you or if you shall provide the same, we reserve the right, in our sole discretion, to authorize you to use the Platform and/or related services, including to request you to update your personal information or to cancel your username and/or password at any time and shall not be liable for any loss occurred as a result of or related to the loss. You agree to be responsible for the safety of your account, username and password and any disclosure or use in all cases. You agree to keep your username and password confidential and to change the password occasionally. Further, you agree to notify us immediately, if you have any reasonable doubts or are aware that your username and/or password may be disclosed or have been used to access the Platform without your permission or, if you need to update your personal information but do not have access to the Platform.
4.2 You agree that the use of the Platform and/or Services provided on the Platform, data or communication which may refer to your username and password, as the case may be, shall be deemed to be logged-in or logged-out by you.
By accessing and/or using the Platform and/or Services (except for any unauthorized access to the Platform of which a notification have been received and acknowledged by us in accordance with Clause 4.1). You agree to be hold responsible and liable solely in respect thereof and to indemnify and hold harmless us against any loss incurred from your access and use of the Platform and/or Services referable to your username or password.
5. Intellectual Property
5.1 Intellectual Property on or to the Platform and other related materials are owned, licensed, or controlled by us, our licensors, or our service provider (as the case may be). We reserve the right to enforce the right under intellectual property law, including any applicable law to the fullest extent, without taking into account that we have claim for such rights under these Terms and Conditions or at any time.
5.2 We only allow you to download, print or use the Platform material for the purposes under these Terms and Conditions. You agree not to modify, reproduce, republish, transmit and/or distribute the materials, include any other practice that violates our rights or other owners of related copyright, rights, and other proprietary rights in such material or in servers, systems or devices, unless a prior written consent is given from us or from the relevant owner.
5.3 Any permission or licensing or granting the right to use any trademark displayed on the Platform must obtain prior written consent solely from us or the relevant trademark owner.
6. Your Information
6.1 You undertake that you have read and agreed to the Privacy Policy set forth on the Platform. And you consent to our collection, use and disclosure of your personal information for the purposes prescribed in the Privacy Policy.
6.2 You agree to us of using any material, information or content submitted or posted to the Platform and/or provided to us by you including, but not limited to, comments, suggestions, questions, reviews and the name you use when submitting any such material or content. We reserve the right, but not required, to publish, delete or modify your submitted material or content.
6.3 You agree to us of using any information provided by you as well as personal information for purpose of sending newsletter and/or promotional emails to you. You may cancel your subscription for such emails thereafter. Your consent under this Clause 6.3 is deemed to be a consent under any applicable spam control law (in Thailand or any related country).
7. Links and Advertisements
7.1 To facilitate and render you an effortless experience while using the Platform, we may include links to websites or other content on the internet belonged to or operated by outsiders which are not under our control. Such link is not a confirmation or endorsement of the website or content. You further agree that any access to or use of the linked website or content is at your own risk. We are not responsible for errors, inaccuracies or any other inappropriate content or any damages resulting from accessing the linked websites or content whatsoever.
7.2 For the purpose of advertising goods or services of merchants or our services, we may attach any material on the Platform in banner or java applet format.
8. Termination
8.1 You acknowledge and agree that, at our sole discretion, with immediate effect, we may terminate your access to and/or use of the Platform and/or Services, whether all or in any part thereof, and/or suspend your username and password for whatever reason(s), including but not limited to, any breach of any terms and conditions of the Platform or Services, or when we believe you have violated or commit any action which does not comply with any terms and conditions of PhenixBox; or in the opinion of any regulator or in our opinion, you are deemed ineligible to continue to access and/or use the Platform.
8.2 If you wish to terminate this Terms and Conditions, you agree to notify us in writing at least thirty (30) days in advance.
9. Notices
9.1 Any notice in relation to these Terms and Conditions must be made in writing and sent to the designated address and/or email address. It shall be deemed to have received on the day following the delivery date if sent by postal or on the delivery date if it sent by email.
9.2 In the event that we send a notice, if we choose to notify or communicate with you whether through published material or any electronic medium, it is deemed that you have acknowledged on the day it was published or broadcast through electronic medium.
9.3 If you would like to send a written notice to us, please send to customer serviceAsset World Trading Co.,Ltd. No.1 Empire Tower,54th Fl., South Sathorn Rd., Yanawa, Sathorn Bangkok 10120 Thailand and/or via https://service.phenixbox.com/en/contact-us-en/ and it will be deemed that we have receive the notice when a receipt delivered to you.
9.4 At our sole discretion, we may update our policy on notices and/or determine other procedures for sending notices you, including conditions and timing which shall deem that a notice to have been given other than those specified in Clauses 9.1, 9.2 and 9.3.
10. Our Limitation of Liability
10.1 PhenixBox and its staff, employees, directors, agents, service providers, consultants and assignees shall not be liable for any losses arising directly or indirectly in connection with:
a) accessibility to and/or usage of the Platform or Services;
b) reliability of any information or content available on the Platform and/or Services. You undertake to verify the accuracy of the content yourself;
c) any failure, mistake, omission, interference, delay, computer viruses or codes, agent program or any other macro which is harmful, damaging or causing error to any system, server or connection; and
d) accessibility to or usage of any manner on any other website or webpage or platform linked to our Platform, despite having informed us, our officers, employees or agents or having speculated the possibility of such loss.
10.2 You acknowledge that the Platform, Services and materials including information and content contained therein are provided on “as is” and “as available” basis, solely for informational purposes and in respect of the same. Whether expressively or by implication, no representation or warranty of any kind, including of non-infringement of third parties or decency for any purpose, are given in relation to the Platform, Services and materials including information and content contained therein. Notwithstanding the foregoing, we do not represent and warrant:
a) accuracy, appropriateness, adequacy, commercial value or completeness of the information and/or content in the Platform, Services or materials;
b) that the Platform, Services or materials are stable, free from failure, mistake, omission, interference and that any such malfunction and defects shall be corrected;
c) that the Platform, Services or materials are free from computer viruses or malicious, destructive or damaging codes, programs or macros;
d) the security of any information submitted by you or to you via the Platform or Services which may be accessed by unauthorized third parties and/or disclosed by us, our officers, employees or agents to third parties who claim to be you or claim to have been authorized by you; and
e) any interruption, loss of connection or delay transmission via internet and email, including invalid data transmission due to the congestion of the internet traffic or the public nature of the internet.
10.3 We are not responsible for any risks from misunderstanding, error, failure, damage, expense or Losses resulting from usage of the Platform and/or Services. And you accept those risks to be entirely at your own.
10.4 We do not take any responsibility in the error from publishing or preparing documents, or any other mistake or omission from issuing response, invoice or any other document on our part that may be modified.
11. Force Majeure
In case of occurrence of any incident which is beyond our reasonable control or force majeure, you accept that we will not be liable for any Losses caused by non-performance of any or all of our obligations under these Terms and Conditions, whether directly or indirectly.
12. Rights of Third Parties
Any person or entity that is not a party to these Terms and Conditions shall have no rights under any jurisdiction to enforce these Terms and Conditions, whether in whole or in any part. For the avoidance of doubt, this provision does not affect the rights of any lawful assignee or transferee of these Terms and Conditions.
13. Injunctive Relief
We may seek immediate injunctive relief if we make a good faith determination that a temporary restraining order or other immediate injunctive relief is appropriate or adequate to remedy the breach of contract or non-performance.
14. Amendments
By notice through the Platform or by any manner as we may determine (which include by way of email), we may amend these Terms and Conditions. The amendment shall take effect on the date we notify through manners specified above. If you use the Platform or service after such date, it is deemed that you have accepted the amendment. If you do not accept the amendment, you must stop accessing or using the Platform and Services and terminate these Terms and Conditions. We have the right to amend these Terms and Conditions in the manners specified above, which may be exercised with or without the consent of any person or entity that is not a party to these Terms and Conditions.
15. Evidence
You acknowledge and agree that any record, including of telephone conversations (if any) maintained by us or our service provider(s) relating to the Platforms and Services shall be binding and conclusive on you for whatever purposes and shall be deemed as evidence of any content and/or data transmitted between you and us. You agree that all such records may be used as evidence and you will not dispute or object to the use of evidence, reliability, accuracy or authenticity of such records merely because such records are in electronic form or are output of computer system. And you agree to waive any of your rights (if any) to such objection.
16. Assignment
16.1 You may not assign your rights under these Terms and Conditions without our prior written consent. However, we may assign our rights under these terms and conditions to any person or entity as we deem appropriate.
16.2 We reserve the right to assign or to delegate any of our performances in relation to the Platform and/or Services. And we reserve the right to use any of our service providers, subcontractors and/or agents in any way we deem appropriate.
17. Uses and waivers our rights
17.1 Where the rights and/or remedies under these Terms and Conditions are cumulative, they are without prejudice and shall be in addition to any rights or remedies we may legally possess, unless explicitly specified otherwise.
17.2 Our failure to exercise our rights and/or remedies these Terms and Conditions will not constitute a waiver. And such failure shall not affect the rights and/or remedies which may later be enforced. We would still be entitled to exercise our rights and/or remedies in any other circumstances if you breach these Terms and Conditions.
17.3 Our failure to exercise any rights and/or remedies we may possess in relation to these terms and conditions or by law shall not hinder or interfere our exercise of any other rights or remedies under these Terms and Conditions, unless explicitly specified in these Terms and Conditions or by law (when applicable).
18. Severability
Where any provision of these Terms and Conditions shall become unlawful, invalid or unenforceable under any circumstances, the legality, validity and enforceability of the remaining Terms and Conditions shall not be affected or impaired, and shall continue to be in effect as if such unlawful, invalid or unenforceable provision is severed from these Terms and Conditions.
These Terms and Conditions constitute the entire agreement between you and us relating to the contents hereof and terminate and supersede the understandings, communications and all previous agreements with respect to the content contained herein.
19. Language
In the event that these Terms and Conditions are executed or translated into any language other than Thai (“Foreign Language Edition”). The Thai language edition of the Terms and Conditions shall govern and take precedence over the Foreign Language Edition.
20. Governing Law
Use of the Platform and/or the Services, including these Terms and Conditions shall be governed by and construed in accordance with Thai laws. Any dispute arising out of these Terms and Conditions shall be submitted to the exclusive jurisdiction of the Courts of Thailand.
21. Contacting Us
If you have any questions, comments or require assistance, you can contact us via email. [email protected]