Effective April 19, 2024
As used in these Terms of Use, “Commence Now”, “us” or “we” refers to Commence Now Co., Ltd. and its affiliates.
PLEASE READ THE FOLLOWING CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. These terms of use (“Terms”), along with Commence Now’s Privacy Policy, govern your use of Commence Now’s Websites and Services.
THESE TERMS DO NOT APPLY TO THE USE OF COMMENCE NOW PRODUCTS AND SERVICES THAT ARE PROVIDED UNDER OTHER WRITTEN AGREEMENT EXPLICITELY SIGNED BETWEEN YOU AND COMMENCE NOW (IF APPLICABLE).
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ELIGIBILITY
By agreeing to these Terms, you represent and warrant to us: (i) that you are at least eighteen (18) years of age; (ii) that you have not previously been suspended or removed from the Services and (iii) that your use of the Services is in compliance with any and all applicable laws and regulations.
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LICENSE GRANT TO COMMENCE NOW
By submitting, posting, or publishing your content, suggestions, enhancement requests, recommendations, feedback, information, data, or comments (“Content”) to any Website or Service, you are granting Commence Now a perpetual, irrevocable, worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to use, incorporate, exploit, display, perform, reproduce, distribute, and prepare derivative works of your Content. You will retain ownership of your Content, however, any use of your Content by Commence Now may be without any compensation paid to you. By submitting, posting, and publishing your Content, you represent and warrant that your Content, does not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) slander, defame, or libel any third-party.
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INFRINGEMENT AND ABUSE
With respect to the Services, Commence Now provides professional services and Managed Services of third-party software providers, not hosting provider services and as such, we have no way of removing improper or infringing material from our users’ websites, third party sites or their hosting services. Commence Now has no control over the data. Copyright holders or their agents concerned with material served through Commence Now’s services should submit a notification of claimed copyright infringement or other abuse through our contact at [email protected]. When submitting abuse reports, please provide detailed information supporting your complaint as well as an affidavit attesting to its validity. Please bear in mind that unless you have requested us not to share your information through the opt-out procedure described on our abuse page, Commence Now may provide copies of, or information from your notification or complaint to anyone it considers appropriate, including but not limited to the Commence Now user whom the notification or complaint relates to, the Commence Now user’s hosting provider, website operator and visitors of Commence Now’s own website.
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TERMINATION OF USE; DISCONTINUATION AND MODIFICATION OF THE WEBSITES AND SERVICES
We may at our sole discretion suspend or terminate your access to the Websites and/or Services at any time, with or without notice for any reason or no reason at all. We also reserve the right to modify or discontinue the Websites and/or Services at any time (including, without limitation, by limiting or discontinuing certain features/benefits of the Websites and/or Services) without notice to you. We will have no liability whatsoever on account of any change to the Websites and/or Services or any suspension or termination of your access to or use of the Websites and/or Services.
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THIRD-PARTY WEBSITES
The Websites and Online Services may contain links to third-party websites. Such linked websites are not under our control, and we are not responsible for their content.
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OWNERSHIP; PROPRIETARY RIGHTS
The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Websites and Services (the “Materials”) provided by Commence Now are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Websites and Services are the property of Commence Now or our third-party licensors. Except as expressly authorized by Commence Now you may not make use of the Materials. Commence Now reserves all rights to the Materials not granted expressly in these Terms.
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PROHIBITED USES
As a condition of your use of the Websites and Services, you will not use the Websites or Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Websites or Services in any manner that could damage, disable, overburden, disrupt or impair any Commence Now systems, or any networks connected to any Commence Now system, or that could interfere with any other party’s use and enjoyment of any Websites or Services. You may not transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature through your use of Websites or Services. You may not exceed or circumvent, or try to exceed or circumvent, limitations on the Websites or Services, including on any API calls, or otherwise use the Websites or Services in a manner that violates any Commence Now documentation or user manuals. You may not attempt to gain unauthorized access to any Websites or Services, other accounts, computer systems, or networks connected to any Commence Now server or to any of the Websites or Services through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Websites or Services. You may not to use the Websites or Services in any way that violates any applicable federal, state, local, or international law or regulation.
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INDEMNITY
You agree that you will be responsible for your use of the Websites and Services, and you agree to defend, indemnify, and hold harmless Commence Now and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “Commence Now Entities”) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Websites and Services; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
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DISCLAIMERS; NO WARRANTIES
THE WEBSITES AND SERVICES ARE MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE COMMENCE NOW ENTITIES HAVE NO OBLIGATION TO MONITOR, CONTROL, OR VET THE CONTENT OR DATA APPEARING ON THE WEBSITES AND SERVICES. AS SUCH, YOUR USE OF THE WEBSITES AND SERVICES IS AT YOUR OWN DISCRETION AND RISK. THE COMMENCE NOW ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE WEBSITES AND SERVICES AND EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
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LIMITATION OF LIABILITY
IN NO EVENT WILL THE COMMENCE NOW ENTITIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE WEBSITES AND SERVICES OR ANY MATERIALS OR CONTENT ON THE WEBSITES AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE COMMENCE NOW ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
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APPLICABLE LAW AND JURISDICTION
The Terms of Use of this web site shall be govern by and construed in accordance with the Laws of the Kingdom of Thailand and the court of competent jurisdiction in Thailand will have exclusive jurisdiction in case of dispute.
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CHANGES TO THESE TERMS
Commence Now reserves the right to make modifications to these Terms at any time. Revised versions of these Terms will be posted to this Website. Unless otherwise specified, any modifications to the Terms will take effect the day they are posted to this Website. If you do not agree with the revised Terms, your sole and exclusive remedy will be to discontinue your use of the Websites and Services.
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CONTACT INFORMATION
The Websites and Services are operated by Commence Now Co., Ltd., located at 8/211 Soi Chang Akat Uthit 10 Alley, Lane 1-2 DON MUEANG Sub-district DON MUEANG District, BANGKOK 10210. You may contact us by sending correspondence to the foregoing address or by emailing us at [email protected].