Terms and Conditions
Terms of Service
Welcome to https://wwww.jubileediamond.co.th. Please read these terms and conditions carefully. The following Terms of Use shall govern your use of and access to the Platform (defined below) and the Services. By accessing the Platform and/or using the Services, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not access and/or use the Platform or the Services. Access to and use of password-protected and/or secured portions of the Platform and/or use of the Services are restricted to customers with user accounts only. You must not access or attempt to access such portions of the Platform and/or Services, or any other protected information, without authorization, through any means not intentionally made available by us for your specific use. Violation of these terms may be an offence under the Computer-Related Crime Act B.E. 2550 of Thailand. If you are under 18 years of age: You must obtain the consent of your parent or legal guardian. Acceptance of these Terms of Use and such person's agreement to be responsible for:
(1) Your actions
(2) Any charges related to your use of any Services or purchase of Products and your acceptance of and compliance with these Terms of Use. If you have not obtained consent from your parent or legal guardian, you must stop using/accessing the Platform and using the Services.
1. Definitions and Interpretation Unless otherwise provided, the definitions and interpretation provisions set forth in the attached documents.
2. This will apply to the Terms of Service, use of the Service and/or access to the Platform in general.
2.1 Guidelines for Use of the Platform and/or Services: You agree to comply with all such guidelines, notices, operating rules, policies and guidelines regarding your use of the Services and/or access to the Platform, including any amendments to the same, as may be published by us from time to time. We reserve the right to update such guidelines, notices, operating rules, policies and guidelines at any time and you shall be deemed to be aware of and bound by any changes to the same upon their posting on the Platform.
2.2 Prohibited activities:
You agree and promise not to:
(a) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
(b) use the Platform or Services for any unlawful purposes;
(c) attempt to gain unauthorized access to, or otherwise interfere with or disrupt any other computer system or network connected to the Platform or the Services;
(d) Post, promote or transmit any Prohibited Materials through the Platform or Services.
(c) interfere with another's use and enjoyment of the Platform or Services;
(f) use or upload in any way any software or materials that contain or that you have reason to suspect may contain viruses, corrupting components, malicious code or other harmful components that may corrupt or malfunction the Platform data or damage or interfere with the operation of other Customers' computers or mobile devices or the Platform or the Services;
(c) use the Platform or Services other than in accordance with the acceptable use policies of any connected network, any applicable Internet standards, and any other applicable laws.
2.3 Availability of the Platform and Services: We may from time to time modify, suspend, or discontinue or remove all or any part of the Platform or any Services without giving any reason or prior notice and shall not be liable if such modification, suspension or removal causes you to be unable to access the Platform or any part of the Services.
2.4 Right to Monitor Content: We reserve the right, in our sole discretion, but are not obligated to:
(a) monitor, screen, or otherwise control any activity, content or materials on the Platform and/or through the Services. We may investigate any violations of the terms and conditions contained herein and may take any action we deem appropriate in our sole discretion.
(b) prevent or restrict Customer's access to the Platform and/or Services;
(c) report any activity that we suspect to violate any applicable law or regulation to the appropriate authorities and cooperate with such authorities and/or
(d) request any information and data from you relating to your use of the Services and/or access to the Platform at any time and exercise our rights under this Section if you refuse to provide such information and/or data or if you provide or we have reason to believe that you have provided inaccurate, misleading or fraudulent information and/or data.
2.5 Privacy Policy: Your use of the Services and/or access to the Platform is also subject to the Privacy Policy as set out herein.
2.6 Additional Terms: In addition to these Terms of Use, your use of any particular aspect of the Materials and Services may be subject to additional terms and conditions, which will apply in full force and effect.
3. Use of services
3.1 Application of this Section: In addition to all other terms and conditions of these Terms of Use, the provisions of this Section 3 are additional terms and conditions applicable to your use of the Services.
3.2 Restrictions: Use of the Services is restricted to authorized Customers who are of legal age and have the legal capacity to form contracts under any applicable law. Any Customer who breaches or is breaching the Terms and Conditions herein and any Customer who has been permanently or temporarily suspended from using any Services may not use the Services even if they comply with the provisions of this Section 3.2.
3.3 General Terms of Service: You agree:
(a) to access and/or use the Services only for lawful purposes and by lawful means at all times, and agree to conduct any activities related to the Services in good faith and
(b) to ensure that any information or data you post or make available on the Platform regarding the Services is accurate and does not violate any applicable laws, and to be solely responsible for such information and data;
3.4 Product Description: Although we make every effort to provide accurate product information and details, we do not warrant that such descriptions are accurate, current, or error-free.
3.5 Price of Goods: All listed prices are subject to taxes, unless otherwise expressly stated. We reserve the right to amend the listed prices at any time without giving any reason or prior notice.
3.6 Third Party Vendors: You acknowledge that parties other than Jubilee Diamond (i.e. Third Party Vendors) list and sell such Products on the Platform. Information as to whether such Products have been posted for sale on the Platform by Jubilee Diamond or a Third Party Vendor may be provided on the webpage on which such Products are listed. For the avoidance of doubt, each agreement entered into for the sale of Products by a Third Party Vendor to Customer shall be directly between the Third Party Vendor and Customer and shall be subject to the Terms and Conditions of Sale for Products.
4. Customers who have an account with Billy Diamond
4.1 Username/Password: Certain Services that may be available on the Platform may require you to create an account with us or provide us with your Personal Data. If you request to create an account with us, your username and password may:
(1) considered and issued to you by us, or
(2) You are responsible for and we are authorized in our sole discretion in connection with your use of the Services and/or access to the relevant Platforms. We may request you to update your personal information or cancel your username and/or password immediately at any time in our sole discretion without giving any reason or prior notice and shall not be liable or responsible for any losses you suffer or incur or arising out of or in connection with or by reason of such request or cancellation. You agree to change your password from time to time and to keep your username and password confidential and shall be responsible for the security of your account and liable for any disclosure or use (whether such use is authorized or not) of your username and/or password. You shall notify us immediately if you know or have reason to suspect that the confidentiality of your username and/or password may have been disclosed or there has been unauthorized use of your username and/or password or if your personal information needs to be updated. We expect that your notice will be processed by us seven (7) business days after receiving such notice.
Claims of Use or Access: You agree and acknowledge that any use of the Services and/or access to the Platform and any information, data or communications that may refer to your username and password, as the case may be, shall be deemed:
(a) your access to the relevant platform and/or use of the Services; or
It is any information, data or communication posted, transmitted or legally issued by you at any time. You agree to be bound by your access to the Platform and/or use of any Service (whether or not such access or use is authorized by you, except in the case of any unauthorized access to the Platform after we have been notified of the unauthorized access to your Username and/or Password in accordance with Section 4.1). You agree that we shall have the right (but shall not be obligated) to deal with, rely on or hold you solely responsible and liable for such actions as if such access were made or transmitted by you. You further agree and acknowledge that you are bound by and agree to fully indemnify us for any and all Losses arising from your use of any Service and/or access to the Platform that may be based on your Username or Password.
5. Intellectual property
5.1 Ownership: The Intellectual Property in the Platform and the Materials are owned, licensed to, or controlled by us, our licensors, or our service providers. We reserve the right to enforce our Intellectual Property Rights to the fullest extent of the law.
5.2 Usage Restrictions: You may not reproduce, reverse engineer, decompile, disassemble, disassemble, alter, distribute, republish, display, broadcast, link, mirror, frame, transfer or transmit in any manner or by any means, or store in an information retrieval system, or install on any server, system or device, without the prior written consent of us or the relevant copyright owner. Subject to Section 5.3, permission is granted only to you to download, print or use the Materials for your own personal, non-commercial use, and you must not modify the Materials. We or the relevant copyright owner retain all copyright and other proprietary rights in the Materials.
5.3 Trademarks: Trademarks shall have the meanings set forth in the documents attached to this Agreement. Nothing on the Platform and in these Terms of Use shall be construed as granting, by implication, estoppel, or otherwise granting any license or right to use (including as meta tags or as “hot” links to other websites) any Trademarks displayed on the Services without the prior written consent of us or any other applicable Trademark owner.
6. Limitation of our liability and responsibility
6.1 No representations or warranties: The Services, the Platform and the Materials are provided on an “as is” and “as available” basis. All data and/or information contained in the Platform, the Services or the Materials are provided for informational purposes only. No representations or warranties of any kind, whether implied, express or statutory, including warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose are given with respect to the Platform, the Services or the Materials. Without prejudice to the validity of the foregoing, we do not warrant:
(a) the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the Platform, Services or Materials;
(b) that the Platform, Services or any Materials will be provided uninterrupted, secure or free from errors or omissions or that any identified defects will be corrected;
(c) that the Platform, Services or the Materials are free from computer viruses or other malicious, destructive or disruptive code, agents or other malicious code or macros or other harmful, destructive or disruptive programs; and
(d) Security of any information transmitted by you or to you through the Platform or Services, and you assume the risk that any information transmitted or received through the Services or the Platform may be accessed by unauthorized third parties and/or disclosed by us or our officers, employees or agents to third parties purporting to be you or purporting to be acting under your authority. Internet transmissions and e-mail may be blocked, disconnected, delayed due to Internet transmission congestion or incorrect transmission due to the public nature of the Internet.
6.2 Exclusion of Liability: Jubilee Diamond Indemnitees shall not be liable to you for any Losses whatsoever or howsoever caused (regardless of the form of action).
Directly or indirectly arising from: (a) your access to, use of, and/or inability to use the Platform or Services;
(b) Reliance on any information or data available on the Platform and/or through the Services. You should not act on such information or data without first verifying its accuracy.
(c) any system, server or connection failures, errors, omissions, disruptions, delays, computer viruses or other malicious, destructive or corrupting code, agents or other malicious or corrupted instructions or macros; and
(d) Your use of or access to any website or other webpage linked to the Platform, even if we or our officers, agents or employees have been advised of or anticipated the possibility of such action.
At Your Own Risk: Any risk of misunderstanding, error, damage, expense or loss resulting from using the Platform is entirely at your own risk and we will not be liable in any way.
7. Links, warnings and advertisements
7.1 Links: For your convenience, we may include links to other websites or content on the Internet that are owned or operated by third parties. Such linked websites or content are not under our control, and we are not liable for any errors, omissions, delays, defamation, libel, deception, fraud, obscenity, profanity, inaccuracy or other objectionable material contained in the content, or for any consequences of accessing or using any linked website. Any link to any other website or content is not an endorsement or endorsement of such website or content, and you agree that your access to or use of any such linked website or content is at your own risk.
Advertising: We may attach banners, java applets and/or other materials to the Platform for the purpose of advertising our or third party vendors' products and/or services. For the avoidance of doubt, you shall not be entitled to any money, fees and/or commissions in connection with any such advertising or any other product or service promotional materials.
8. Submission of your information and data
8.1 Submissions by You: You grant Us a non-exclusive right to use any materials or information that You submit to the Platform and/or provide to Us, including but not limited to questions, reviews, comments and suggestions (collectively, “Submissions”). When You post comments or reviews on the Platform, You also grant Us the right to use the name You submit or Your username in connection with such review, comment or other content. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead Us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, publish, remove or edit Your Submissions.
8.2 Consent to receive emails: You consent and authorise us to use any information you provide (including Personal Data) for the purpose of sending you promotional or informative emails. Your agreement to the terms of this Clause 8.2 shall constitute your consent for the purposes of any spam control laws (whether in Thailand or elsewhere). You may subsequently opt-out of receiving promotional emails by clicking on the appropriate link in any promotional email.
Privacy Policy: You acknowledge that you have read and agree to the Privacy Policy under the heading Thailand Privacy Policy and consent to the collection, use and disclosure of your personal data for the purposes as set out in the Privacy Policy.
9. Cancellation and exchange of products
9.1 Termination by us: We may, in our sole discretion, terminate your use of the Platform and/or the Services and/or suspend your username and password. We may terminate your access to the Platform and/or the Services (or any part thereof) for any reason whatsoever, including for any breach of these Terms of Use or if we believe that you have violated or acted inconsistently with any of the terms or conditions set out herein or if in our opinion, or in the opinion of any regulatory authority, it is inappropriate to continue providing the Platform Services.
9.2 Termination by You: You may terminate these Terms of Use by giving seven (7) days prior written notice.
9.3 Product exchange The company reserves the right not to accept product exchanges in all cases, such as the customer is not satisfied with the product, the customer wants to exchange the product across models, or the customer orders the wrong product model.
10. Notification
10.1 Notices from us: All notices and other communications sent to you:
(a) communicated through any printed or electronic media as we may choose shall be deemed to have been notified to you on the date of publication or broadcast; or
(b) If it is sent by post or delivered to your last known address, notice will be deemed received on the day following the day it is posted or on the day it is left.
10.2 Notices from you: You may only give notice to us in writing sent to our designated address or e-mail address at 179 Bangkok City Tower, 10th Floor, South Sathorn Road, Thung Maha Mek, Sathorn, Bangkok 10120, Thailand, and such notice shall be deemed received only upon receipt. While we make every effort to respond to your notices promptly, we cannot guarantee that we will always respond promptly.
10.3 Other Means: Notwithstanding Sections 10.1 and 10.2, from time to time we may designate other acceptable methods of giving notice (including, without limitation, email or other forms of electronic communication) and the time or event by which notice shall be deemed received.
11. General requirements
11.1 Cumulative Rights and Remedies: Unless otherwise provided in these Terms of Use, the provisions of these Terms of Use and our rights and remedies under these Terms of Use are cumulative and will not affect and be in addition to any rights or remedies we may have at law or in equity, and the failure of Seller to exercise any right or remedy under these Terms of Use or at law or in equity, except to the extent expressly provided in these Terms of Use or as otherwise provided in law or equity, shall not preclude or impede Seller's exercise of any other right or remedy at law or in equity.
11.2 No Waiver: Our failure to enforce any of these Terms of Use shall not constitute a waiver of these Terms of Use, and such failure shall not affect our right to enforce any of these Terms of Use at a later date. We shall remain entitled to exercise our rights and remedies in any other event where you breach these Terms of Use.
11.3 Severability: If any provision of these Terms of Use shall be or become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired and shall continue in effect as if the illegal, invalid or unenforceable provision were severed from these Terms & Conditions of Sale.
11.4 Rights of Third Parties: No person or entity who is not a party to these Terms of Use shall have any right under any law in any jurisdiction to enforce any provision of these Terms of Use, regardless of whether such person or entity is named as a member of any party in any description. For the avoidance of doubt, nothing in this Section shall affect the rights of any rightful assignee or transferee under these Terms of Use.
11.5 Applicable Law: Use of the Platform and/or Services and these Terms of Use shall be governed by and construed in accordance with the laws of the Kingdom of Thailand and you submit to the exclusive jurisdiction of the courts of the Kingdom of Thailand.
11.6 Injunctive Relief: We may seek injunctive relief if we determine in good faith that a breach or non-performance is such that a temporary restraining order or other injunctive relief is the sole and adequate remedy for such breach or non-performance.
11.7 Amendments: We may amend the terms and conditions of these Terms of Use by notice on the Platform or by such other method of notification as we may designate (which may include notification by email). Such changes will be effective on the date we specify through such method. If you use the Platform or Services after such date, you will be deemed to have accepted such amendments. If you do not accept such amendments, you must stop accessing or using the Platform and Services and terminate these Terms of Use. We have the right to amend these Terms of Use in the manner set out above, which may be exercised without the consent of any person or entity who is not a party to these Terms of Use.
11.8 Correction of Errors: We shall not be liable for any typographical, clerical or other errors or omissions in any acceptance, invoice or other document on our part, which may be corrected.
11.9 Currency: The currency referred to under these Terms of Service is Thai Baht.
11.10 Language: In the event that these Terms of Use are prepared or translated into any language other than English (“Foreign Language Version”), the English language version of these Terms of Use shall govern and shall take precedence over the Foreign Language Version.
11.11 Entire Agreement: These Terms of Use constitute the entire agreement between you and us relating to the subject matter hereof and supersedes and replaces all prior understandings, communications and agreements with respect to the subject matter hereof.
11.12 Binding and Final: You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by us or our service providers relating to or in connection with the Platform and Services shall be binding and conclusive on you in all respects and shall be conclusive evidence of any information and/or data transmitted between us and you. You agree that all such records are admissible in evidence and you shall not dispute or object to the admissibility, reliability, accuracy or genuineness of such records solely on the grounds that they are in electronic form or are the output of a computer system, and you waive any of your rights, if any, to so object.
11.13 Sub-contracting and delegation: We reserve the right to delegate or sub-contract the performance of any of our functions in connection with the Platform and/or Services and reserve the right to use any service providers, subcontractors and/or agents on terms we deem appropriate.
11.14 Assignment: You may not assign your rights under these Terms of Use without our prior written consent. We may assign our rights under these Terms of Use to any third party.
11.15 Force Majeure: We shall not be liable for any failure to perform our obligations under these Terms of Use (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the content of the Platform and/or the Services if in whole or in part, directly or indirectly, due to an event or failure beyond our reasonable control.
