These Terms of Service (“Terms”) aim to define all matters and other relevant affairs between บริษัท เอ็นเนอร์ยี่ โซลูชั่น ซิสเต็มส์ จำกัด (“Company”) and Customer(“You”, “Your”, or ”User”) regarding the use of energysolutions.co.th (the “Site”) and Services(the “Service”) provided at energysolutions.co.th
1. Terms of Service Effects and Changes
These Terms become effective by publishing online in the Site, and if reasonable causes occur, it may be revised within a range of not violating the relevant laws. The revised Terms will become effective by announcing online, and the crucial regulation revision such as the User’s right or obligation, etc. will be announced beforehand.
The agreement to the Terms means that you agree to regularly visit the Site and confirm the changes to the Terms. Company is not responsible for your damages that are occurred because of not knowing about the revised Terms.
Also, if you do not agree to these Terms, you cannot access the Site or use the Service.
We provide various products for Our customers. You may use the Services for Your personal use, commercial use or internal business use in the organization that You represent, so long as You are in compliance with all provisions of this Agreement.
In connection with Your use of the Site or the Services, You may be made aware of services, products, offers and promotions provided by third parties. If You decide to use such third-party services, You are responsible for reviewing and understanding the terms and conditions governing such third-party services, and acknowledge that the third party is responsible for the performance of such services.
In providing the Services, We obtain and rely on certain information from third parties and third-party software and applications. We cannot guarantee the accuracy or completeness of such data.
It is Your obligation to ensure that You fully comply with all applicable laws, regulations and directives with regard to the use of the Site and the Services. For the avoidance of doubt, the ability to access Our Site or the Services does not necessarily mean that Your use thereto are legal under relevant laws, regulations and directives.
To register as an account holder and use the Site and the Services (or any portion thereof), you must provide us with all relevant information (an email address, password, name, contact number, etc.) required by Company.
All Users must provide their own true and valid information in order to register and use the Site. To this end, Company may verify your registration information. Company will provide you with the user ID as defined in the Terms
(1) User ID is not changeable as a rule, but it is possible to be changed upon User or Company requests if the following applies.
• If the ID is registered in the member’s contact number that might occur privacy concerns.
• If the ID disgusts other people or is contrary to the public morals.
• If there are other reasonable reasons.
(2) User ID may be associated with the ID of the services operated by Company with the consent of the user.
(3) You have the responsibility to manage the user ID and password. You are solely responsible for any damages of services or an unauthorized use by third parties that are caused by your neglected management, and Company has no responsibility for any of this
(4) The registered ID of user who illegally uses other people’s personal information (email address, name, etc.) will be deleted, and it may be punished upon the relevant laws and regulations.
(5) Other matters regarding the management and change of your personal information will be dealt with upon the service guides. If the service applicant is under the legal age as prescribed in the relevant regulations, you cannot request the use of service upon the service guides.
6. User’s Obligations and Services Limitation
(1) You must provide all information based on the facts when you request a membership registration or member information change, if registered with a false or other people’s information, you cannot claim the right of all.
(2) You must abide by the matters noticed by Company and all the relevant laws and regulations including the statements specified in this Terms, other rules and regulations defined by Company, the notice, etc., and you must not do the things that interfere with the Company’s business and damage the honor of Company.
(3) You must notify to Company under the appropriate procedure immediately if your contract information has been changed such as an email address, home address, contact number, etc.
(5) You cannot operate a business using the services without prior approval from Company, and Company is not responsible for the results of the business operation. Also, if Company sustains damages from the business operations, you are liable for any damages of Company, and Company may limit you the use of services and claim for damages under the legal procedures.
(6) Unless there is the explicit consent of Company, you cannot transfer and give the use authority of the service and other contractual status to other people, and offer it as collateral.
(7) You must not infringe the intellectual property rights of the services of Company and third parties.
(8) You may receive promotional messages and data from the services of Company and third parties through an email, mail, or other contacts (wire telephone, text message, etc.) provided to us. If you do not want to receive these promotional messages and data, please notify to Company.
(9) You must not engage in behavior corresponding to the following, if you do the relevant
• An act that provides false information when you register a membership or change registered information
• An act that illegally use other member’s ID and password.
• An act that trades ID with other people.
• An act that impersonat Company’s officers, staffs, or any related persons.
• An act that changes Company client’s program without being granted special rights from Company, or hacks the server of Company, or changes the whole or part of the website or the information posted randomly.
• An act that harms or intentionally hinders Company.
• An act that duplicates the information obtained from the Service for other purposes than using the service, or uses them for publishing and broadcasting, or provides to the third party, without prior permission of Company.
• An act that copies, modifies, creates derivative works, converts, conducts reverse engineering, imitates, transfers to another service, translates, compiles, decompiles, or disassembles the Company site, Services (or a portion thereof), content provided from Company, or the third party’s services and a part for using in user’s website; or Acts that display, conduct, transmit, or distribute the information listed above without the prior written and specific consent of Company.
• An act that transmits, posts, spreads the inferior and obscene information, sentence, figure, sound, or video that violates the public orders and morals to other people through email or other ways.
• An act that transmits, posts, spreads the content that may insult or invade other people’s honor or privacy as it is offensive or having private information.
• An act that harasses or threatens other users, or continuously give pain or discomfort.
• An act that collects or saves other user’s personal information without a permission of Company.
• An act that objectively deemed to be associated with any crimes.
• An act that violates all rules and regulations prescribed by Company and the conditions of use including this Terms.
• An act that violates other relevant laws and regulations.
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – without further notice to you, and without any refund of amounts paid on account of any such Services.
7. Content and Ownership
(1) Your Ownership
• The copyright of content that is posted in the site and services (or part thereof) belongs to you who post the content. Also you are solely responsible for the authorized rights.
• Except for free or paid image, app, template, and etc. provided via the site and service (or part thereof), the copyright of image and content that you directly post or ask Company to post belongs to you, and you are solely responsible when any problems are occurred for this.
• Company cannot use the content commercially without the consent of the publisher. However, it is possible if it is a non-profit purpose, also there is the right to publish in the site and services (or part thereof).
• Company can delete or transfer the content, or reject content registration in the site or services (or part thereof) without prior notice if it is deemed that it is relevant to the following
- If the content seriously insults or damages an honor of other users or the third parties.
- If it disseminates or links the content that violates the public order and moral
- If it encourages an illegal duplication and hacking.
- If it is an advertisement for profit purpose.
- If it is objectively admissible that associated with crime.
- If the content infringes the copyright or other rights of other users or the third parties
- If it goes against the bulletin board principle defined by Company or does not comply with the bulletin board’s characteristics.
- If it is deemed violating other relevant laws.
(2) Company’s Ownership
• Company has all authorities of the services provided by Company, and you are authorized only for the use of services provided by Company.
• You cannot commercially use the posted data on the site and services (or part thereof) such as illegally processing and selling the acquired information on the site and Services (or a portion thereof)
• The services provided by Company are not available for the hosting of other companies.
• If it violates any other regulations defined by Company and other relevant laws, Company may withdraw the right to use of the Services without prior notice.
(3) Feedback and Suggestions.
If you provide us with any suggestions, comments or other feedback relating to the Company Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by Company . By providing such Feedback to Company , you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (2) irrevocably assign to Company any right, title and interest you may have in such Feedback, (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.
8. Cancellation and Service Changes
(1) Cancellation by User
You can cancel and change Company service at any time.
(2) Cancellation by Company
Company may suspend and cancel if it may be applied to the following
• If you provide false information when sign-up on the Company
• If you violate the Terms or fail to comply with any separate requirements related to the use of Company services.
• If it is deemed that you damage a person’s reputation and violate relevant regulations or the public order.
• If Company requests a service cancellation to you due to the circumstance of the Company services.
• If you avoid payment for the Company services or third party services.
• If a sole contracting party cannot fulfill the Company contract due to the person’s legal proceedings which are equivalent to bankruptcy, seizure, injunction, and etc.
• If there occurs any other serious reasons that a sole contracting party cannot fulfill the Company contract.
(3) Contents and Data
If you cancel the Service, you cannot access and use the Service. Also, all content and data will be deleted on your website, and Company is not responsible for any deleted data.
9. System Management
Company may be able to upgrade or change any of systems and affiliated companies after prior notice in order to provide better services.
Company do not accept any liability for the loss of website data caused by your mistakes or the natural disasters.
When individual user accounts caused the whole system overload, Company may limit the use of services after prior notice.
10. Data Management
You cannot request Company to transfer you website’s data, but only a data transfer is necessarily needed, you are liable for the costs and efforts which caused by the data transfer.
However, if you inevitably have to request a transfer, you have to give Company notice at least one month ago, and you will have a liability of the necessary cost that may be charged.
If Company stops the Company services due to unavoidable circumstances, a grace period because of a data transfer will be provided notifying it 7 business days before.
If you delete the account, all data will be deleted and the deleted account cannot be reused.
11. Disclaimer of Warranties
COMPANY'S CONTENT, THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE ABOVE, (a) WE MAKE NO WARRANTY THAT THE SITE, THE SERVICES OR THE CONTENT WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, ACCURATE, CORRECT, COMPLETE OR AVAILABILE; (b) WE DO NO ENDORSE OR APPROVE ANY CONTENT PROVIDED BY ANY PARTY THAN US AND DISCLAIM ALL LIABLITY WHATSOEVER THERETO; AND (c) WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THIS SITE, THE SERVICES OR THE CONTENT IN TERMS OF ITS CORRECTNESS, COMPLETENESS, RESULTS, AVAILABILITY, ACCURACY, RELIABILITY OR OTHERWISE.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INJURY, DEATH, ACT OF GOD, ACCIDENT, DELAY, DIRECT OR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY (I) USE OR THE INABILITY (FOR ANY REASON) TO USE ANY PART OF THIS SITE OR THE SERVICES (INCLUDING WITHOUT LIMITATION INACCURACIES OR ERRORS OF INFORMATION AS A RESULT OF ACCESSING THIS SITE OR THE SERVICES), (II) ACTION OR INACTION IN CONNECTION WITH THIS AGREEMENT OR FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR (III) STATEMENTS OR CONDUCT OF YOU OR ANY THIRD PARTY ON THIS SITE OR YOUR ]SITE OR MOBILE WEBSITE, INCULDING WITHOUT LIMITATION ANY SUBMISSIONS THEREON; IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.
All of the above limitations shall apply notwithstanding any failure of essential purpose of any limited remedy and are fundamental elements of the bargain between Us and You. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or in connection with the Site, the Services, the Content or the Agreement must be filed within 30 days after such claim or cause of action arose or be forever barred.
In the event this limitation of liability shall be for any reason held unenforceable or inapplicable, You agree that Our aggregate liability shall not exceed amount paid by You to Us pursuant to this Agreement.
YOU RELEASE, AND AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, FROM ALL CLAIMS, LIABILITIES, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED) RELATED TO IN ANY WAY TO: (I) YOUR USE OF, ACCESS TO OR RELIANCE ON THIS SITE, THE SERVICES OR THE CONTENT, OR (II) YOUR VIOLATION OF ANY OF THE TERMS OF THIS AGREEMENT OR ANY APPLICABLE LAWS OR REGULATIONS.
We will provide You with written notice of such claim. You will not enter into any settlement or compromise of any such claim without Our prior written consent. We may assume the exclusive defense and control of any matter subject to indemnification by You. In all events, You shall cooperate fully in the defense of any claim.
14. Governing Law & Jurisdiction
Matters not specified in the terms are governed by the related Act and subordinate statute such as telecommunications Business Act and a business practice
If any and all such claims and disputes would be brought in, and a court of competent jurisdiction where Company headquarter is located in will be a competent court.
15 Contact Us
If you have any concerns or questions about this Policy, please contact us at [EMAIL]