Abawat Thailand Company
Please read these terms and conditions (“Terms”) carefully before accessing, using, or otherwise interacting with our website/Mobile application available at https://www.abawat.com or mobile application ‘Abawat’ (collectively, “Platform”) or avail products or services that we offer you on or through the Platform (collectively, the “Services”) and Its affiliates.
If You are an individual, “You” means Yourself, Customer and anyone who works with or assists You. If You work for, or own, an entity, “You” means the entity, which You agree, You are authorized to represent, as well as all other persons who own, or are employed by, or perform work for, that entity. “Your” means things that belong to or are associated with You.
Abawat customer care solution. (“Abawat”, “we”, “us”, “our”) means Abawat (Thailand) Co., Ltd. and its subsidiaries and affiliates which have its primary business location at 16 On Nut 62 Alley, On Nut Sub-district, Suan Luang District, Bangkok 10250.
The Terms constitute a binding and enforceable legal contract between Abawat and You, a Customer of the Services, or any legal entity that books the Services on behalf of end-users. By using the Services, You represent and warrant that You have full legal capacity and authority to agree to and bind yourself to these Terms. If You represent any other person, You confirm and represent that You have the necessary power and authority to bind such person to these Terms.
By your registration, login, usage of the Services or other actions, You acknowledge that You have read and understood, and agree to accept, be bound and abide by the terms for using Services, and various notices, including conditions specified in other documents and any information that Abawat provides to You, any amendments or additions to such documents regardless of which channel You access. You may not access or stop using Platform/Services if You do not agree or accepts to abide by these terms and conditions or wishes not to continue using Platform/Services.
These Terms also include our privacy policy, located at https://www.abawat.com/privacy-policy/ (“Privacy Policy”), also applies to your use of our Services. Our Privacy Policy contains more information about how we use your data. It also includes information about your rights and how to contact us.
Access to Platform
- Customer agrees to accept and be bound by these terms and conditions when check the box to agree to these terms and conditions. or agree to abide by these terms and conditions or create a user account (“Account”) or use Platform or do any other act that may be considered an agreement to accept and be bound by these Terms.
- Customer guarantees that you are able to create Account on Platform and agree to these terms and conditions in accordance with Applicable Law. To create an Account, you must be at least 18 (eighteen) years of age. Individuals under the age of 18 may access Platform or avail the Services only with the involvement, guidance, supervision and/or prior consent of their parents and/or legal guardians, through the Account of or under the guidance of such parent/ legal guardian.
- During Account creation, Customer agrees that we may collect information associated with your identity via your mobile phone number, personal mail service and social media account services. You accept to comply to account verification procedure required by the means of one-time password (OTP) verification or otherwise by account synchronization on your personal mail service and social media account services.
- Customer must inform and submit correct and complete information according to the lists and methods specified by Platform. We can refuse to approve the application and create Account if we find or have reason to suspect that the information and documents received from Customer is incorrect or incomplete. And if we find after approval of Account that the information and documents used in the application are incorrect or incomplete. We can suspend your Account and terminate these terms and conditions immediately.
- Customer must keep maintaining the security and confidentiality of your Account and must be used personally by Customer only, including subject to Applicable Law, Customer is responsible for notifying Abawat immediately upon becoming aware of any unauthorized access into or misuse of Account causing a breach of security as per the Terms and Conditions and Privacy Policy. We will not be responsible for any losses, damages, or expenses incurred as a result of unauthorized access and allowing another person to use the Platforms, Services, or device connected to your Account.
- Customer agrees that any actions that occur from using your Account and password will be considered to be yours valid actions and orders. Customer is responsible for all results arising from such actions and orders. Abawat shall extend support by ensuring immediate termination or suspension of such Account and shall take such other appropriate safety measures as it may deem necessary.
- Abawat may, upon providing notification to Customer, modify these Terms from time to time. Any changes will be notified to you and Customer will be given a reasonable time period to object to such changes. If you do not object to the changes or if you access or use the Services in any way after receipt of such notice, you will be deemed to have unconditionally consented and agreed to such changes. In case you object to the changes We have the right to terminate your Account and right to use the Services. We will inform you of these consequences in the change notice.
- In order to better protect security and confidentiality of your Account, Customer is encouraged to change the password of Account from time to time.
Service Territory
The Services is made available only in certain countries and/or territories, at Abawat’s sole discretion. If Customer does not reside in one of these countries or territories, and to the maximum extent permitted by law Customer may not use the Services. Abawat may use certain technologies to verify such compliance.
Services Work
- The Services include the provision of Platform that enables Customer to arrange and schedule different electronics services with independent third-party service providers of those services (“Service Providers”). The Services are made available under various brands owned by or otherwise authorized to Abawat and its affiliates.
- As a part of the Services, Abawat is only a Platform provider to act as a medium and facilitate Customer and Service Providers in coordinating and availing the Services. Abawat supports the transfer of payments to Service Providers for the Services that they render to Customer and collects payments on behalf of such Service Providers. Abawat is not the employer or agent of Service Providers in any way.
- Customer is ultimately responsible for selecting and/or interacting with Service Providers on our Platform and Abawat is only a facilitator that shall not be held responsibility or liability for the selection and/or interaction of yours with Service Providers on our Platform.
- Customer can view information about the scope of the Services, Service Rate Card, Estimated Service Time as displayed on Platform. The price for Service Rate Card displayed on Platform is subject to VAT or otherwise applicable taxes. However, for some types of the Services (e.g. cleaning services such as some types of air conditioners, washing machines) Service Providers need to request additional details such as photos of the work location. To consider the duration of work, manpower and the exact price of Service Rate. If there is a need to adjust the time, manpower, and/or price, Service Providers will notify Customer, provide quotation and proceed to allow continue paying Fees.
- In the situation that your brand and product is out of Services scope and warranty repair authorization, Platform will notify customer to cancel work order request and advice to contact directly to customer contact centre of that respective brand and product. In addition to the request and specification of customer service preferences, Service Providers will always use the best efforts to provide it efficiently. However, the Customer accepts that there may be disputes arisen in between. Customer agrees not to claim any liability for any disputes that are not caused by the intentional actions of Service Providers and Abawat.
- Platform supports you to request various Services at a time of your choosing based on available timeslots assigned in the gap from 8.00 AM to 8.00 PM. To make a booking, you should follow the instructions and provide necessary information of your product and others as specified on the Platform. We use reasonable efforts to enable you to find Service Providers who are able to provide that Services at the requested time.
- Abawat may specify an area, sub-district, district, province or postal code for providing area coverage of Service Providers as Abawat informs Customer on the platform. And Customer agrees that in the case that Customer has placed a work order request outside of area coverage. Abawat with sole discretion can refuse or cancel Services to Customer or otherwise on behalf of Service Providers. Customer agrees not to demand any damages caused by the result of refusing or cancelling work orders and providing Services from Service Providers and Abawat.
- Once you place the work order request, we will provide confirmation of the booking via Platform or your specified channels. Once your booking has been confirmed, you will be required to make the payment in accordance with these Terms or as indicated on the Platform. Once Service Providers have been identified for Services, you shall receive confirmation from Platform or your specified channels.
- In the event that the customer wishes to change the work order request that the customer has already confirmed such as postponing the date and/or appointment time, the customer can make changes by himself according to the instructions specified on Platform. Customer has to contact at least 3 days in advance of the appointment date. However, Abawat reserves the right to consider and determine the date and time of such changes.
- In the circumstance that Customer books the Services on Platform that is not appropriate or corresponds to the actual job site. Or Customer wants to receive additional Services at the jobsite and Service Providers can provide. Abawat will allow Customer to pay additional Fees as quickly as possible. We will send a quotation document and a payment information for paying Fees to Customer via your specified channels. In the case that Customer does not agree to pay the additional Fees. It is considered that Customer agrees to have Service Providers provide the Services only within the scope of Fees that the customer has already paid.
- Customer agrees to take necessary and appropriate actions so Service Providers can access the work site and provide the Services on the specified date and time. And if Service Providers are unable to provide the Services on the specified date and time because Customer does not do so, for example, Service Providers are not allowed to access the work site or provide the Services. The time when Service Providers will provide the Services is a time when Service Providers cannot perform the Service that causes noise. The work area is not appropriate. or there is obstruction or obstruction of Service Providers from providing the Services Customer agrees that Service Providers or Abawat can consider postponing or cancelling the Services without Customer requesting any damages from Service Providers and Abawat.
- Customer authorizes Abawat to be able to exercise Customer’s rights with Service Providers. And Customer agrees to be liable for compensation on behalf of Abawat in the event that Service Providers or a third-party claim to have suffered damage from Abawat taking action to exercise this right on behalf of Customer.
Work acceptance and Inspection of Services
- When the Services are completely finished, Customer must accept or reject the work acceptance and inspection of Services prior to proceeding the payment to Service Providers in case of Out of Warranty Repair and Fees quoted. In case of In Warranty Repair and No Fees quoted, Customer must accept or reject prior to work order status of respective Services updated to Field Work Completed and Warranty Claim in Progress.
- A push notification message is sent to Customer for inspection of product condition after repair. Customer must feedback it by selecting “Yes” or “No”. In the event that Customer select “No”, Service Providers will contact Customer as soon as possible to help resolve the problem. And when Service Providers have finished fixing the problem for Customer, Customer must accept or reject the work acceptance and inspection of Services as foregoing specified again.
- In the event of a dispute between Customer and Service Providers regarding reject the work acceptance and inspection of Services. Customer agrees that Abawat has the right with sole discretion to diagnose and take steps to resolve disputes in accordance with Dispute Resolution Policy.
Warranty of Services
- Service Providers provide the warranty and carry out the warranty with Customer after the work acceptance and inspection of Services. The warranty period starts from the date of delivery of Services, in status of Field Work Completed. Period of warranty covers 30 days for service repair (Inclusive of labour and service material) and 90 days only for service material.
- In case that the problem is occurred within warranty period and problem description, the root cause and service material is same comparing to the first-time repair, Service Providers support and carry out repair service without labour and service material cost charged to Customer.
- In case that the problem is occurred within warranty period and problem description, the root cause and service material is different comparing to the first-time repair, Service Providers support and carry out repair service without labour charged to Customer. Cost of new service material is chargeable to Customer. Customer refers the same work order number of the first-time repair when it is reported within 7 days after status of Field Work Completed. After 7days, Customer accepts to create new work order in the Platform in order to request Services for the warranty repair.
- The information about the warranty that appears on the Platform when Customer selects the Services is preliminary information for the convenience of choosing the Services only. Customer is able to adhere to the additional details and conditions from Service Providers or Abawat.
Payment of Services
- Abawat reserves the right to charge Customer for the different Services you may avail via Platform. Customer shall be required to pay service charge amount indicated at the time of booking Services (“Advance Payment”) as well as amounts of any additional service charge you may avail, like Labour and Service Material (“Total Service Charge”) upon completion of Services. Service charge of your availed Services is subject to VAT or otherwise applicable taxes.
- Generally, Customer may make payments for Services through Online Channel (“Additional Payment”) such as Credit cards, Debit card, Mobile banking, PromptPay or Cash Channel (“Cash Payment”) upon completion of Services. We have the right to modify and otherwise restrict the modes of payment available to you.
- When Customer accepts the work order in conjunction with clauses of Work acceptance and Inspection of Services, it is considered that Customer agrees to have Abawat transfer service charge to Service Providers. In the event that Customer rejects the work order. Abawat will not transfer money to Service Providers until it is notified that the work order has been completed or until the dispute between Customer and Service Providers has been resolved.
- Abawat may use a third-party payment gateway service (“Payment Processor”) to bill you through your selected mode of payment. The processing of payments will be subject to the terms and policies of such Payment Processor in addition to these Terms. We shall not be liable for any error of the Payment Processor. In the event of any unsuccessful payment, the money debited shall be credited in accordance with the terms of the Payment Processor.
- For the avoidance of doubt, please note that service charge is payable to Service Providers, and Abawat acts as a limited collection agent on behalf of such Service Providers to collect and transfer amounts due to them.
- In the case where Customer pays service charge through channels other than the channels specified in Platform. Customer acknowledges that such action is a breach of these terms and conditions and the customer agrees that it will be deemed that the customer immediately waives all claims under these terms and conditions.
- In circumstance that Service Providers inform, invite, induce, or conduct anything else to Customer to pay via channels other than the channels specified in Platform. Customer must immediately inform Abawat and make attention to Back-Office Support at 02-124-5242.
- Abawat does not designate any portion of your payment as a tip or gratuity to Service Providers. Any representation by Abawat to the effect that tipping is “voluntary”, “not required”, and/or “included” in the payments you make for Services is not intended to suggest that Abawat provides any additional payments to Service Providers. Customer understands and agrees that while you provide additional payment as a gratuity to any Service Providers who provides you with Services, you are under no obligation to do so. Gratuities are voluntary.
Refund of Services
- In cases where the customer has the right to request a refund, Customer can submit a request to consider refunding money to contact channel either by Platform or call contact to Abawat Back-Office Support at 02-124-5242.
- Customer must provide details, reason for requesting a refund, and submit the documents as specified in following, as well as provide other necessary details as requested by Abawat Back-Office Support.
- To request a refund Customer must submit the following documents to Abawat via the foregoing channels.
– Copy of ID card (In case of Services are booked in the name of a natural person)
– Copy of company certificate (In case of Services are books in the name of a legal entity)
– Copy of the bank account page or save an image of the bank application page with the name and
the account number to which you want the money to be transferred.
- To protect the interests of Customer Abawat will process the refund only if the name appears on a copy of the ID card or a copy of the company certificate. And the bank account copy must have the same name as Customer who avail the Services only. Abawat asks Customer to please certify copies of every document, stating ‘for use only in receiving refunds from Abawat’, sign your signature and mark the date of submission on every copy of the document.
- When complete documents have been received Abawat will consider and process the refund within 14-30 business days. This period does not include the time it takes for the card issuing bank or customer account to process the money after receiving the refund order from Abawat. Business days mean Monday – Friday, excluding holidays, Saturday, Sunday and public holidays.
- Abawat provides refunding the money to the customer by considering in the matter of force majeure or other reasons related to refund rights, amounts, and refund channels. Abawat has the right with sole discretion to justify the decision of refunding.
- In the event that Service Providers are unable to provide Services due to reasons that are not caused by the customer’s operation or non-operation and Customer wishes to request a refund of Advance Payment and Total Service Charge. Customer must notify Service Providers that the customer wishes to request a refund.
- Customer agrees to cooperate in sending and providing information and documents as requested by Abawat. Customer agrees that it will be considered that Customer does not send information or documents to Abawat within the time period specified by Abawat. Customer expresses his intention that he does not wish to make any further claims or disputes regarding the issues related to the document. And Customer agrees that Abawat can continue operations as deems appropriate.
- If contract of Service Provider is terminated and Customer has the right to receive a refund according to term of contract. Abawat will refund the outstanding balance of Advance Payment and Total Service Charge to Customer according to the amount and conditions specified in foregoing term. Except in the case of a dispute between Customer and Service Providers. Customer agrees that Abawat and Service Providers can keep the outstanding balance until the dispute is resolved without interest or expenses.
Cancellation Of Services
- Bookings of work order request is subject to cancellation, requested directly on Platform, prior to confirmation accepted by Service Providers. Such an event after confirmation, paid amount shall be fully refundable on shifting cancellation up to 4 hours before the appointment time of Services. Out of foregoing condition, chargeable fee is appliable according to the cancellation policy.
User content
- Our Platform may contain interactive features or services that allow users who have created an account with us to submit comments, reviews, suggestions, feedback, ideas, or other content on or through the Platform (“User Content”).
- As part of the effective provision of the Services and quality control purposes, we may request reviews from Customer about Service Providers and Customer agree and acknowledge that Service Providers may provide reviews about Customer to us. You must not knowingly provide false, inaccurate, or misleading information in respect of the reviews. Reviews will be used by us for quality control purposes and to determine whether Customers and Service Providers are appropriate users of the Platform. If we determine at our sole discretion that you are not an appropriate user, we reserve the right to cancel your registration and remove you from our Platform.
- The Content made available to Customer through Services are licensed, not sold, to Customer. Your license to each Content Customer obtains through the Service is subject to the applicable end user license terms of use. All rights not expressly granted to you are hereby reserved.
- Services make available Contents to end user customers for non-commercial uses only. Customer warrants and represents that you will download the Content you purchase only to your devices for your personal use.
- Customer agrees and acknowledges that Abawat may, without notice to you, remove, or otherwise restrict access to User Content that, in its sole discretion, violates these Terms
Consent to Use Data
- Customer agrees that we may, in accordance with our Privacy Policy, collect and use your personal data. The Privacy Policy is available at https://www.abawat.com/privacy-policy/and it explains the categories of personal data that we collect or otherwise process about you and the manner in which we process such data.
- In addition to any consent you may provide pursuant to the Privacy Policy, Customer hereby consent to us sharing your information with our affiliates or other third-party service providers. We may use information and data pertaining to your use of the Services for provision of the Services, analytics, trend identification, and purposes of statistics to further enhance the effectiveness and efficiency of our Services, and provision of beneficial schemes, new offers, and for experience enhancement.
- Subject to applicable laws, we may be directed by law enforcement agencies or the government and related bodies to disclose data in relation to you in connection with criminal or civil proceedings. You understand and agree that in such instances we shall have the right to share such data with relevant agencies or bodies.
Customer Conduct
- Abawat prohibits discrimination against Service Providers, including on the basis of race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristic that may be protected under applicable law. Such discrimination includes but is not limited to any refusal to accept Services based on any of these characteristics.
- Abawat won’t tolerate aggressive or abusive behavior directed towards Service Providers during any form of interaction, i.e. face to face, online, over the phone, or any other form communication. This includes:
– Any form of physical, hostile or abusive behavior
– Use of inappropriate language, verbal or written, which may cause Service Providers to feel scared, abused, intimidated, threatened or offended. This could be: creating a hostile, degrading or offensive interaction
- Abawat request that Customer treat all Service Providers with courtesy and respect, and that Customer provides them with a safe, clean, and appropriate location to perform Services. Service Providers shall be entitled to refuse to perform the Services if you have not provided a safe, clean, and appropriate location for them, or you behave towards them in a manner which is discourteous, disrespectful, abusive, or otherwise inappropriate. We reserve the right to withhold access to the Services and otherwise limit your access to the Services at our absolute discretion if you behave towards any Service Providers in a manner which is discourteous, disrespectful, or abusive, or which we otherwise deem to be inappropriate or unlawful.
- Customer agrees that in the event Service Providers behave in a manner that is discourteous, disrespectful, abusive, inappropriate, or in violation of the law, you shall be required to report such incident to support@abawat.com at the earliest but in any event within 48 (forty-eight) hours of such incident.
Permitted use
The Platform Services, and all Abawat products in whole or in part, shall not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the prior written consent of the Abawat. You shall not:
- Use the Platform for any purposes other than to access the Services and information offered by
distribute, sub-license, sell, assign, rent out, lease or otherwise transfer or make available the Services/ platform;
- Use the platform/ Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy.
- Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Platform/ Services, features that prevent or restrict use or copying of any content accessible through the Platform/ Services, or features that enforce limitations on the use of the Services;
- Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Platform/ services or any part thereof;
- modify, adapt, alter, improve or create any derivative works of the Services;
- Interfere with or damage operation of the platform/ Services or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, trojan horses, worms, time bombs, cancelbots, easter eggs or other malicious code.
- Remove, alter or obscure any copyright, trademark or other proprietary rights notice in the Services.
- Customer shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Abawat Platform or Services.
Third Party Services
- Platform may include services, content, documents, and information owned by, licensed to, or otherwise made available by, a third party (“Third Party Services”) and contain links to Third Party Services. Customer understands and acknowledges that Third Party Services are the sole responsibility of the third party that created or provided it and that use of such Third Party Services is solely at your own risk.
- Abawat makes no representations and excludes all warranties and liabilities arising out of or pertaining to such Third Party Services, including their accuracy or completeness. Should Customer avails a Third Party Service, you shall be governed and bound by the terms and conditions and privacy policy of the third parties providing the Third Party Services. Further, all intellectual property rights in and to Third Party Services are the property of the respective third parties.
- The Platform/ services includes links or references to other third-party applications or websites (“Reference Apps”). Customer understands and agrees that over the course of access and usage of the Platform services, you shall be exposed to such Reference Apps as well as information, materials, software, or services contained on or accessible through Reference Apps (“Reference Apps Content”).
- Abawat does not endorse any such Reference Apps or the Reference Apps Content. Access and use of reference apps, including the reference apps content is solely at your own risk.
- Abawat does not guarantee or make any representations regarding any Reference Apps or Reference Apps Content. You understand that Abawat does not investigate or monitor the Reference Apps or Reference Apps Content, and that a link to a Reference App is not to constitute an endorsement of such Reference Apps or Reference Apps Content by Abawat, and Abawat shall not be understood to have made any form of representation or warranty, whether express of implied, in relation to the quality, genuineness and any other attribute of the Reference Apps or Reference Apps Content.
Modification
- Abawat reserves the right to make changes to its Platform/ services policies, and this Terms at any time and in its sole discretion.
- Customer is responsible for periodically checking for changes and/or updates to this Terms. Without derogating from the foregoing, Abawat will endeavor to notify you of any changes by posting notice of such changes. Customer continued use of the Platform after Abawat make any such changes constitutes your binding acceptance of those changes.
Updates
- Abawat may modify the App from time to time, change the information collected from time to time, and you may update it using the relevant store, accepting all such terms as updated.
- Abawat may also automatically check the version of the App installed on your device from time to time and if applicable, provide updates, which may contain, without limitation, bug fixes, patches, enhanced functionality, plug-ins and new versions of the App (“Updates”).
- By installing the App, Customer authorizes the automatic download and installation of such Updates and agrees to download and installs Updates manually if necessary. Your use of the App and Updates will be governed by this this Terms (as amended from time to time). Abawat is not obligated to support, maintain, update or upgrade the App and may at any time and without notice suspend or terminate your license and disable or discontinue the App installed on your device.
Our Intellectual Property
- All rights, titles, and interest in, and to the Services, including all intellectual property rights arising out of the Services, are owned by or otherwise licensed to us. Subject to compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sub licensable, revocable, and limited licence to use the Services in accordance with these Terms and our written instructions issued from time to time. Any rights not expressly granted herein are reserved by Abawat or Abawat’s licensors.
- We may request you to submit suggestions and other feedback, including bug reports, relating to the Services from time to time (“Feedback”). We may freely use, copy, disclose, publish, display, distribute, and exploit the Feedback we receive from you without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of your intellectual property rights.
- Except as expressly stated in these Terms, nothing in these Terms should be construed as conferring any right in, or license to, our or any third party’s intellectual property rights.
Terms and Termination
- These Terms become valid and stays valid during your access and usage of Services or Platform, until the termination according to these Terms. In spite of the preceding provisions, these Terms become effective the first time you use the Platform and/or Services, if that happens before you accept these Terms.
- Abawat may reserve your right to access its Services or Platform, and your Account. Abawat may terminate these Terms at any time for any reason without notice, and rescind your access to your Account and the Platform and Services.
- Once these Terms are terminated, your Account and your right to use the Platform and the Services or Apps will also stand terminated with immediate effect. Your User Content will be treated as per Abawat Privacy Policy.
- In case you want to close your user account. Please notify and contact to channel either by Platform or call contact to Abawat Back-Office Support at 02-124-5242.
- If Customer does not comply with any one of these terms and conditions and/or the requirements in other related documents. Customer agrees that Abawat has the right to close user account immediately. Customer will not claim any damages from Abawat.
- Closing user account does not terminate these terms and conditions and contract of Service Providers. Customer is still obliged to comply with these terms and conditions and the contract for Services from Service Providers.
- These terms and conditions are effective from the date of these terms and conditions and continue until terminated by Abawat. Service Providers is obligated to terminate these terms and conditions with Customer with immediate effect.
- Suspension of use or closure of Customer’s user account. It is not considered that Abawat has waived any rights or measures that Abawat has under the law.
Limitation of Liability and Disclaimer
- Abawat will always use its best efforts to provide the Platform services efficiently. However, Customer accepts that there may be disruptions to the Platform. And Customer agrees not to claim any liability for any platform disruptions that are not caused by the intentional actions of Abawat.
- For the benefit of using Services of Customers and other users of the Platform. Customer agrees not to interfere or attempt to interfere with the operation of the Platform in any way. Including strictly following the terms and conditions of Abawat. Abawat reserves the right to limit or suspend Customer’s use at any time and/or take any other action. To stop customer actions that do not comply with these terms and conditions. Without prior notice. However, suspension of use is not considered a waiver of any rights or measures that Abawat has under the law.
- Customer recognizes that the efficiency of using the Platform depends on the performance of the Internet. and the condition of the customer’s equipment used to access the platform as well
- In using the Platform or in the event that the Customer downloads any information and components from the Platform, such information and components may not be accurate, complete, adequate, current, reliable, or free of viruses, computer worms, Trojan horses, spyware or malware. Accessing the Platform, this may not be continuous. There are errors, delays, inaccuracies and incompleteness or unable to access the system or information on this platform. Customer agrees to accept the risk of loss, damage, and expenses incurred to the computer system, medium or communication device. or any tools and equipment used to access this platform. including data loss Including indirect damages resulting from using the platform or downloading data and components from the platform.
- Customer agrees to assume all risks that may arise from the use of this platform in the event of any damage, including loss, damage or expenses incurred whether direct or indirect or consequential. This arises from the information that Customer provides on the platform.
- Abawat may request to check compliance with the terms and conditions and policies from time to time. The customer agrees to cooperate reasonably with the investigation.
- Abawat is not liable for indirect damages and damages resulting from special circumstances such as loss of income, loss of profit, marketing loss, dishonor, losing customers, lack of benefit from using or lost opportunity that arises from the use of the platform and Abawat in accordance with these terms and conditions.
Indemnity
Customer shall defend, indemnify and hold harmless Abawat, its affiliates, its directors, officers, shareholders to the fullest extent permitted by applicable laws, from and against any losses, claims, proceedings, suits, damages, judgment, actions, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees arising out of (a) your use of the platform/ Services; or (b) your breach or violation of any terms of these Terms violation of any applicable law or the rights of a third party, or (d) any fraudulent act on your part. Abawat reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you.
Governing Law, Jurisdiction and Dispute resolution
- Customer agrees to be bound and comply with Dispute Resolution Policy which forms part of these terms and conditions
- Refusal from exercising rights and/or relaxation of the exercise of rights in any part of Abawat. It is not considered that Abawat has waived its rights under that these Terms or condition. Abawat still reserves the right to continue choosing to use its rights under the said clause.
- In the event that the content of these terms and conditions and other documents conflict, Customer agrees that it is at the discretion of Abawat to interpret which content in the document will be enforced.
- If any part of these terms and conditions is invalid, the part that is not void shall be separated from the part that is void and can continue to be effective.
- These Terms shall be governed by and construed and enforced in accordance with the laws of Thailand. Subject to other provisions in this clause, courts in Thailand shall have exclusive jurisdiction over all issues arising out of these Terms or the use of the Services.
Grievance Redressal
We shall ensure that your complaint is resolved within timelines prescribed by applicable laws.
Customer may contact us with any complaints or queries relating to the Services or these Terms through registered post or through email; support@abawat.com.
Miscellaneous
- Notice: Any notice or other communication hereunder shall be made in writing, and shall be delivered by hand, registered mail or email to each Party at the address and contact details given by each Party. Notice and other communications shall be effective upon receipt (if sent by hand), on the next Business Day (if sent by email) and on the date of receipt shown on the advice of receipt (if sent by registered mail)
- Changes to Terms: The Terms are subject to revisions at any time, as determined by us, and all changes are effective immediately upon being posted on the Platform. It is your responsibility to review these Terms periodically for any updates or changes. You will be deemed to have accepted the changes made to these Terms if you continue to use the Platform once it has been posted.
- Modification to the Services: We reserve the right at any time to add, modify, or discontinue, temporarily or permanently, the Services (or any part thereof), with or without cause. We shall not be liable for any such addition, modification, suspension, or discontinuation of the Services.
- Severability: If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue to be in effect. If any unlawful or unenforceable provision would be lawful or enforceable if a part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
- Assignment: Customer shall not license, sell, transfer, or assign your rights, obligations, or covenants under these Terms, or your Account in any manner without our prior written consent. We may grant or withhold this consent at our sole discretion, subject to any conditions we deem appropriate. We may assign our rights to any of our affiliates, subsidiaries, or parent companies, any successor in interest of any business associated with the Services, or any third party without any prior notice to you.
- Notices: All notices, requests, demands, and determinations for us under these Terms (other than routine operational communications) shall be sent to support@abawat.com.
- Third Party Rights: No third party shall have any rights to enforce any terms contained herein.
- Force Majeure:
No Party shall be liable for any failure or delay in performance of obligation caused by any circumstances beyond control of each Party including any event that the happening or pernicious results of which could not be prevented even through a person against whom it happened or threatened to happen were to take such appropriate care as might be expected from him in his situation and in such condition and acts of God, acts or war (declared or undeclared), hostilities, riot, civil commotion or unrest, military action, insurrection, epidemic, fire, pandemic, flooding, incendiarism, explosion, embargo, acts of government, strikes, lock-outs, other disturbances, change of Applicable Law or internet connection failures, beyond the reasonable control of the Parties, whether or not foreseeable, which renders performance impossible or economically impractical.