Sinwattana | Thailand CrowdFunding


Terms of Use

Sinwattana Social a division of Phoenixict Co., Ltd.

Effective May 15, 2017

These Terms of Use (the "Terms of Use") govern use of our Website and services (the "Services") of Sinwattana Social a division of Phoenixict Co., Ltd., ("Sinwattana Social, we, us, or our"), in addition to any supplemental terms applicable to any particular features, content and functionality of the Services, which such supplemental terms are incorporated by reference into the Terms of Use. By using the Services, Users agree to be bound by these Terms of Use, our Privacy Policy, all applicable laws and all conditions or policies referenced here (collectively, the "Terms"). Sinwattana Social may amend the Terms at any time by posting a revised version of the Terms on the Services. Access to or continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the revised Terms.

If you are using the Services in connection with your organization, the terms 'you', 'your' or 'your organization' in these Terms are also a reference to the business, charity institution or other organization or entity ("Business") on whose behalf you act when using, registering, backing or creating a Campaign on the Services. If you do not want to be bound (or your Business to be bound, where applicable) by these Terms please do not access, use and/or contribute any content to the Services or interact with Members.

Definitions

  • Campaigner(s) refers to any individual, company, partnership, organization, trust, or other entity that is seeking to conduct a Campaign to raise funds on the Services.
  • Campaign(s) refers to the campaign proposed to be conducted or undertaken by the Campaigner on the Services for the purposes of raising monies or receiving contributions for any Project.
  • Campaign Page refers to the page(s) on the Services where the Funders will be able to make their contributions and where all the promotional materials (videos, images, information, graphics, etc.) that the Campaigner wishes to use to raise funds for their Campaign.
  • Funding Goal refers to the financial aim or target of a Campaign sought by a Campaigner for a particular Campaign.
  • Funder(s) Sinwattana Social's members or users who support those Campaigns by contributing funds.
  • Pledge refers to Funder's funds contributions.
  • Funding Period refers to the maximum period for which Pledge can be made for a Campaign.
  • Total Funds Raised refers to the total value of funds that the Campaign has received at the end of the Funding Period.
  • Member(s) refers to Campaign Owners, Funders, and other registered members.
  • Users or you refers to Members and other visitors on our Website.
  • Website refers to our website is located at https://social.sinwattana.com.
  • Rewards refers to gifts or rewards in the form of tangible items or intangible services offers by Campaigner.
  • UGC refers to "User Generated Content" which it means any content which you and other Users post or contribute to Fueladream.com using its community features (including content you upload to your Campaign Profile Page, comments you make on Campaigns Profile Pages, internal messages and Campaign updates).

1. Introduction

You provide us Personal Information when you register to be a User:

1.1. We provide the Services for individuals and organizations that are Members to raise funds for Campaign and to contribute to those Campaigns by Pledge them and our Services allows Campaigner to offer Rewards to Funders as an incentive to support and also provides them with an opportunity to build a community around each Campaign by promoting it on the Services and on certain social media sites.

1.2. The Services allows Campaigner to connect with Funders and facilitate an agreement between Campaigner and Funder for Pledge. An agreement between the Funder and the Campaigner is concluded upon the receipt of Pledge by the Campaigner. Consequently, we are not a party to the agreement between the Campaigner and Funders. We also do not guarantee any Campaign and we are not a party to the agreement between the Campaigner and Funders.

1.3. Other than as specified above, we do not have any involvement in any Campaign or any arrangements any Members make with another through our Website. We therefore are not responsible for the nature or quality or performance of a Campaign or any Rewards, nor do we promise that any Members, whether Campaigner or Funder, will do as they promise. Any and all risks in relation to the success or failure of the Campaign shall be solely of the Campaigner. The arrangements you make are solely private and the agreement relating to Campaign, Pledge, and any Rewards are made directly between the individual parties concerned.

1.4. The Services do not include the offer or sale of securities (as such term is defined in the Securities and Exchange Act of B.E. 2535), and Sinwattana Social is not a broker-dealer or a member of the Financial Institution Business (as such term is defined in the Financial Institutions Business Act B.E. 2551).

2. Campaigns Types

2.1. Charity
These are Campaigns where the Total Funds Raised would be transferred to the Campaigner even if the pre-stated Funding Goal is not met. However, the Charity Campaigns will be applicable for the Campaigner who are Nonprofit Organization only and we will deduct our Services fee from the Charity Campaign at the rate of 3% of the Total Funds Raised.

2.2. Donation
These are Campaigns where the Total Funds Raised would be transferred to the Campaigner even if the pre-stated Funding Goal is not met. However, we will deduct our Services fee from the Charity Campaign at the rate of 5% of the Total Funds Raised.

2.3. Reward

2.3.1. Fixed
These are Campaigns where monies would be transferred to the Campaigner only if the stated Funding Goal is achieved at the end of the Funding Period. If the total Pledge received is less than the Funding Goal specified by the Campaigner, all the funds raised pursuant to such Campaign shall be refunded to the Funders. We will deduct our Services fee from the Fixed Campaign at the rate of 5% of the achieved Funding Goal.

2.3.2. Flexible
These are Campaigns where the Total Funds Raised would be transferred to the Campaigner even if the pre-stated Funding Goal is not met. We will deduct our Services fee from the Flexible Campaign at the rate of 7% of the Total Funds Raised.

3. Accessing and using Website

3.1. Anyone can access our Website. However, to post a Campaign and become a Campaigner or make a contribution as a Funder, you will need to register as Members by signing up and creating an account. To create an account, please go to the Sign Up page. Whether using the standard registration process or registering using Facebook Connect, you will be asked to confirm your acceptance to these Terms.

3.2. Sinwattana Social shall have the right to reject, cancel, interrupt, remove, or suspend any Members, Campaign at any time and with or without reason. You are not eligible to use our Website, if we have temporarily suspended or previously terminated your access to our website and we have not expressly authorized you in writing to resume using our Website.

4. Account Registration

4.1. You must make sure that all the information you provide when you register with Sinwattana Social is true, accurate and current and complete. If you change any of your registration details (e.g. email address, postal address), you undertake to update your account.

4.2. Your account is for your personal use only. To help us maintain the security of our Website, you must keep your login details confidential. It is your responsibility to ensure that you do not share your login details with any other person or leave your device unattended whilst logged into our Website as you will be held responsible for all activities that occur under your password or account (with or without your knowledge) as a result of doing so. If you become aware of any misuse or unauthorized use of your login details, then you must inform us immediately by sending an email to us and we will help you re-set your details. However, notwithstanding you intimating us, you shall solely be responsible and accountable for all consequences of any such misuse or unauthorized use.

4.3. In the event that you have, or we have reason to believe that you have breached these Terms, we may terminate or suspend your registration and/or access to our Website and/or to any content made available on our Website.

4.4. You can request deletion of your account at any time as long as you do not have any active Campaigns or any outstanding Pledge relating to unexpired Campaigns you have backed. Please email us to request deletion of your account.

4.5. We reserve the right to delete your account at any time at our sole discretion for at any time and with or without reason.

5. Campaigners

5.1. Creating and updating Campaigns
5.1.1. Any Members can become a Campaigner for the purposes of raising any Pledge for any Campaign. The terms and conditions relating to Campaigner and the rules governing the Campaign and the Pledge are governed by the Campaigner Agreement in addition to these Terms and conditions.

5.1.2. We have specific rules regarding the types of Campaigns that you can post on our Services. Campaigner cannot start Campaigns that involve loans, investments, equity, shares, contributions for any illegal activities or anything related to a criminal investigation; or for raising funds for self-medical expenses or to buy real estate, or pre-sell stakes or holidays in properties that are not yet owned or built by the Campaigner.

5.1.3. The Campaigner shall not, directly or indirectly, run or be associated with any other crowd funding campaign on any other website or platform, whether in Thailand or abroad, with respect to any Campaign, while running a Campaign on our Services in respect of such Campaign. All Pledge for any Campaign raised from Members must be channeled and made through our Services.

5.1.4. The Campaigner may be permitted to run multiple crowd funding Campaigns on Services with respect to one or more Campaigns at our sole discretion.

5.1.5. The minimum Funding Period is 30 days and the maximum is 120 days unless specifically agreed by us otherwise in writing.

5.1.6. The Campaigner shall at all times engage with and keep the Funders updated about the progress of the Campaign, including the causes or reasons for any delays. While creating the Campaign on our Services, the Campaigner needs to commit to an update frequency that they will conform to after the successful completion of the Campaign.

5.1.7. Once you have submitted your Campaign details for posting, you cannot change its Campaign Goal, the Funding Goal or the Funding Period unless agreed by Sinwattana Social. You can however change the Rewards for your Campaign before you receive any Pledge.

5.1.8. We reserve the right, but are not obliged, to attempt to verify your identity and other information you provide to us and to reject, cancel, interrupt, remove, or suspend an active Campaign at any time and for any reason. We shall have sole discretion to cancel, remove or suspend Campaigns or Pledge that we, or our third party payment services providers, believe to be involved in money laundering. If, in our sole discretion, we determine your Campaign to be a high fraud risk we may also ask you for more information and you agree to respond to such requests and provide such information within a reasonable time. We, or our payment services providers, may, at our sole discretion, also perform any enquiry or examination before any funds are distributed to you. We will not be liable to you for any losses that you suffer or incur as a result of us taking any of the actions as mentioned in this paragraph.

5.2. Offering Rewards
Rewards can be tangible goods and intangibles like electronic wishes, thank you videos etc. These Rewards under no circumstances whatsoever shall be financial (e.g. - profit share, revenue share, interest on amount contributed, ownership/equity stake in lieu of Pledge, etc). These Rewards should not be counterfeited products or products that infringe on the trademarks or copyrights of any other company, brand, manufacturer, etc. or anything related to a criminal investigation. The Campaigner cannot offer tobacco, drugs or drug paraphernalia, contests, raffles, or lifetime memberships, firearms, weapons, knives, weapon accessories or replicas of weapons & manufactured products which don't meet Thailand's safety guidelines.

5.3. Pledge
5.3.1. Funders may fail to fulfill payment of Pledge and you acknowledge that their payment of Pledge is entirely outside of our control. Consequently, we cannot guarantee and shall have no liability to any Campaigner for their failure to receive any funds or Pledge from Funders in relation to their Campaign(s) via our Services.

5.3.2. Campaigner may contact Sinwattana Social to cancel any Pledge for any reason and at any time before the Funding Period ends and shall not be required to fulfill any related Rewards if they do so.

5.3.3. In case of Fixed Campaign, if the Campaign does not reach its Fundraising Goal by the end of the Funding Period, any Funding made by Funders for the Campaign will be cancelled and refunded and you will not be entitled to receive any funds in respect of them.

5.4. Campaigner Obligations
As a Campaigner, you shall:
5.4.1. apply any funds you receive from Funders solely and directly for the purposes of achieving the objectives stated in the Campaign and use them for no other purposes;

5.4.2. meet all commitments you make in your Campaign including, but not limited to, delivering all Rewards you offer to Funders;

5.4.3. promptly and accurately respond in full and to our satisfaction to all queries, clarifications or requests made by us and/or any Funders;

5.4.4. not use any personal information we share with you in connection with the Funders for any reason other than fulfilling a Reward or contacting them in relation to the Campaign for which they have made a Pledge;

5.4.5. promptly contact and work with Funders to reach a mutually satisfactory resolution, which may include refunding their Pledge if you are unable to fulfill any of your commitments (including providing any Rewards);

5.4.6. comply with all applicable laws and regulations, including without limitation any tax obligations, in relation to your Campaign and your use of Pledge; and

5.4.7. not take (or refrain from taking) any action or make any business or other decision in reliance on having your Campaign posted on our Services or on presumption or receiving any funds until you have the received the funds into your bank account.

6. Funders

If you choose to contribute to a Campaign, you acknowledge that your Pledge does not entitle you to any rights in or to any Campaign, including any ownership, control or intellectual property rights.

6.1. Making a Contribution
6.1.1. Once you have registered as a Member, you can make a Contribution by visiting the Campaign Page, selecting the amount you wish to contribute, choosing your payment method and making the payment.

6.1.2. Your name will be made publicly available in connection with each Campaign for which you contribute to under the Campaign Page unless you choose to make a Pledge anonymously; in which case your information will not be published on the platform, when the Pledge was made & amount contributed but will be shared with the Campaigner for sending a receipt, and Reward(s), if your Pledge qualifies.

6.2. Rewards
If you wish, you may make the Pledge and elect not to receive a Reward. However, once you have made the Pledge, you cannot change your selected Reward.

6.3. Payment method
You may contribute Pledge to support the Campaign by making a payment through Paypal, Omise, or Bank Transfer and its payment policy will apply to each payment method. Any personal information provided to each payment method will be processed in accordance with their privacy policies. The Pledge received with respect to a Campaign shall be held in our account till the end of the Funding Period or the cut off of the Campaign pursuant to achieving Funding Goal, as the case may be.

6.4. Payment Pledge
All payment Pledge will be paid by the Funders including exchange rate fee (if any).

6.5. Refunds
6.5.1. Pledge made to Charity Campaign and Flexible Campaign cannot be refunded.

6.5.2. In case of Fixed Campaign, if the total Pledge received is less than the Funding Goal specified by the Campaigner, all the funds raised pursuant to such Campaign shall be refunded to the Funders. In all cases, refund would be net of the payment any applicable charges.

6.6. Publication and sharing of personal information relating to Funders with Campaigner
6.6.1. Unless you have selected the anonymous donation option, we publish the username of each Funder on the Campaign Page and we may share these details and each Funder's full name, email address and postal address with the applicable Campaigner for receipts and other regulatory purposes and for them to fulfill your Reward and to contact you in relation to the Campaign.

6.6.2. Please see our Privacy Policy for further details regarding the types of personal information we share with Campaigner and the purposes for which this information will be used.

6.6.3. For some Rewards, a Campaigner may need further information from Funders, (e.g. clothing sizes), to enable the Campaigner to deliver certain Rewards. The Campaigner shall request such information directly from a Funder after the end of the Funding Period for the relevant successful Campaign.

7.Community rules

While we positively encourage our Members to make full use of our Services and in particular to participate in our Services community, however, to ensure that everyone has an enjoyable and satisfying experience, we require that you abide by the guidelines set out below.

7.1. You agree to ensure that:
7.1.1. you will contribute UGC to our Services only if you know that you have the necessary rights to do so. By contributing UGC to our Services, whether text, images, video, sound recordings or other material, you are promising to us and to other Users that: (i) you either own any copyright in that content or you have obtained the necessary right(s) to make the content available through our Services in accordance with these Terms and permit its use via our Services and in our newsletters and that such permissions are freely available on demand by us should we require; and (ii) you will not be infringing anyone's intellectual property or other rights or breaching any law or regulation (including data protection and privacy laws), by contributing or posting such UGC and by allowing it to be used in the ways described in these Terms. If you are in doubt about whether you have permission to post your UGC, please do not upload or post it to our Services;

7.1.2. all information provided by you via our Services or which you provide to other Members or in connection with any Campaign is accurate, true and up to date in all respects and at all times and is not misleading in any way;

7.1.3. all content posted by you is lawful and not defamatory, abusive, threatening, harassing, obscene, discriminatory, or otherwise objectionable or embarrassing to any other person and as determined by us in our sole discretion;

7.1.4. you will use our Services and any information and content obtained from it lawfully and only for the purposes for which it has been provided and in accordance with these Terms;

7.1.5. you will not harass or mislead or act unlawfully towards any person that you have contacted via our Services or disclose or use any contact information that they may provide to you without their consent; and you will cease to contact anyone that you have contacted via our Services immediately if they request you to do so; and

7.1.6. you undertake that any content you upload is not and will not be in breach of any copyright or other intellectual property rights owned by a third party and, in the case of any photos or videos that identify individuals, that you have their full permission to make their image available through our Services and to permit use of such content and image by any third parties we may authorize under these Terms. In the case of children, you should obtain prior permission to use their image from their parents or guardians.

7.2. You may not:
7.2.1. distribute or post spam, in particular by sending unsolicited marketing messages to any other Members, or distribute or post chain letters, or pyramid schemes;

7.2.2. distribute viruses or any other technologies that may harm our Services or the interests of any User of our Services or otherwise interfere with or disrupt our servers;

7.2.3. post or transmit any advertisements for or solicitations of business;

7.2.4. after receiving a warning, continue to disrupt the normal flow of dialogue or post or transmit comments that are not related to the topic being discussed;

7.2.5. except as permitted under these Terms, copy, modify, or distribute our content or trade marks from our Services or our Members' copyright material and trademarks or any content or trademarks owned by a third party unless you have their explicit permission;

7.2.6. harvest or otherwise collect or use information about our Members without their explicit consent;

7.2.7. impersonate another Members or falsely state or otherwise misrepresent your affiliation with a person or entity;

7.2.8. allow any other person or entity to use your log in details or account for posting or viewing comments or for communicating with other Members;

7.2.9. continue to use our Services, directly or indirectly, if your access to our Services has been suspended or your account terminated; or

7.2.10. Engage in any other conduct that is unlawful or illegal or restricts or inhibits any other persons from using or enjoying our Services, or which, in our judgment, exposes us to any liability or detriment of any type.

7.3. When you contribute UGC to our Services:
7.3.1. You are granting us unlimited, non-terminable and free permission (including the right to sublicense that permission) to use, re-use, copy, adapt, abridge, amend, distribute, modify, translate, publish, perform, display, develop, reproduce, communicate to the public and to make your UGC otherwise available in any form and/or by any media (whether now known or hereafter devised), including through any on-demand or broadcast service, whether on a commercial or non-commercial basis anywhere in the world. Sinwattana Social may allow any third parties authorized by us to reproduce, display, publish, communicate, perform and/or embed activity and content on their platforms, including their websites and applications; including allowing third parties to link to pages on our Services, which contain your UGC.

7.3.2. You are granting to every other Users of our Services unlimited, non-terminable and free permission to use all or any part of your UGC.

7.4. Any postings on our Services and the uploading of any photos, pictures, videos, animations or other audio-visual material to our Services by any User are solely the views and opinion of the person posting and does not constitute any form of recommendation, representation, endorsement by us. We have no control over and are not responsible for the truth or accuracy of any content, its compliance with any legal or regulatory requirement or its quality or safety.

7.5. Disclosing personal information
We caution against revealing any information from which you can be personally identified by other users such as your home or work contact details, your last name or where you live except in accordance with these Terms. We are neither responsible nor liable for any information exchanged by the Users or for any direct, indirect or consequential liabilities in respect of such information.

7.6. Misuse of the site
7.6.1. We may (but are not obliged to) monitor the use of our Services or the community facilities from time to time. However we still rely on you to inform us if you spot any abuse or inappropriate behavior, in which case we may review specific postings. If you feel you have been threatened, damaged or abused in our community or via our communication systems or if you believe any infringement of your rights may have occurred through our Services, please contact us at the contact details provided below.

7.6.2. We reserve the absolute right and discretion (but we are not obliged) to do any or all of the following:
We caution against revealing any information from which you can be personally identified by other users such as your home or work contact details, your last name or where you live except in accordance with these Terms. We are neither responsible nor liable for any information exchanged by the Users or for any direct, indirect or consequential liabilities in respect of such information.

7.6.2.1. record the content (including any communications), our Services community or in our communication systems;

7.6.2.2. investigate a claim that any one or more items of content do not comply with the community rules set out hereunder, and determine in our sole discretion to remove or request the removal of the content;

7.6.2.3. remove without notice any content that in our opinion is abusive, illegal, or disruptive, or that otherwise fails to conform to these Terms;

7.6.2.4. block or terminate any User's access to our Services or to any post content;

7.6.2.5. edit or remove any content posted on our Services, regardless of whether such content breaches these Terms.

7.6.3. If you disagree with a decision made by us, you should regardless of whether such content breaches these Terms not use the community facilities to dispute or argue about any decision we make. Any decision we make as to your appeal including removing or requesting the removal of any content or to terminate or suspend any accounts shall be final. The termination or suspension of an account shall apply to any and all user accounts that may have been used by a user.

7.7. Disputes between Members
7.7.1. We are under no obligation to become involved in disputes between any Members, or between Users and any third party arising in connection with the use of our Services. This includes, but is not limited to, the fulfillment of Rewards or other commitments and services, and any other terms, conditions, warranties, or representations associated with Campaigns on our Services. We do not monitor and are not liable to you for the performance or punctuality of Campaigns nor do we endorse them.

7.7.2. We will co-operate with any law enforcement authorities in any investigations arising out of your dispute with another Member.

8. Our content

8.1. You hereby acknowledge that we own all rights, title, and interest in our Services arising out of the associated content, including but not limited to all Intellectual Property Rights, Copyright, and Trademarks.

8.2. Our content includes any information or other material found on or via our Services, including without limitation text, databases, graphics, videos, software and all other features found on or via our Services.

8.3. We make our Services, our content and any UGC available through our Services for your personal, non-commercial use only. You may view our Website and content online and print a copy of these Terms for your records. You are prohibited from using any of our content for commercial user.

9. Non-Permitted

9.1. You are not in any circumstances permitted to:
9.1.1. make commercial use of any such content except in the case of your own UGC which you may use for the purposes of providing information in connection with your Campaign on the Campaign Page and/or your Business (if applicable);

9.1.2. edit any such content; or

9.1.3. remove, obscure or otherwise tamper with any copyright and proprietary notices that relate to, or are contained within, the content.

9.2. Trademarks, logos and brands appearing on our Services are owned by our licensors or us. No permission is given in respect of the use of any of these marks, logos or brands, and any such use may constitute an infringement of the holder's rights.

10. Third-Party Websites, Advertisers or Services

10.1. You acknowledge that our Services may include links to third-party websites. We do not review these third-party websites nor have any control over them, and we are not responsible for the websites or their content or availability.

10.2. We do not therefore endorse, or make any representations about them, or any content found there, or any results that may be obtained from using them.

10.3. If you decide to access any of these third-party websites, you do so entirely at your own risk.

10.4. If you use any linked websites, any personal information you give to them will be dealt with in line with their privacy policy, not ours's Privacy Policy, so please ensure that you read their terms and conditions and privacy policy before you use their websites and provide any personal information.

11. No Warranty

11.1. We do not make any promises as to the truth, accuracy, integrity; quality or completeness of the content or information that appears on our Services and you should not rely on it being accurate, truthful or complete.

11.2. We cannot guarantee and shall not be liable to you in relation to the performance or reliability of the online payment processing services.

12. Limitation of Liability

12.1. We exclude any and all liability for any loss of any nature suffered by you as a direct or indirect result of your use of any of the information or content available on our Services or of making any decision, or refraining from making any such decision, based wholly or partly on any expression of opinion, statement or other information contained in the content available on our Services.

12.2. Sinwattana Social (including its affiliates, directors, officers, employees, agents, subcontractors or licensors) is not liable for any indirect, punitive, incidental, special, consequential or exemplary damages or, in any event, for damages exceeding the fees paid to Sinwattana Social for the transaction from which the cause of action arose. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Sinwattana Social has been advised of the possibility of such damage and to the fullest extent permitted by law in the applicable jurisdiction.

12.3. We shall not have any liability or role whatsoever once the Campaign goal is reached or closed.

12.4. You hereby agree and acknowledge that Sinwattana Social shall not be liable in the event the funding goal is not met; or any losses related to any business of yours including but not limited to lost data, profits, revenue, savings, business, opportunity, goodwill, reputation, business interruption or any pure economic loss (in each case, whether such loss is direct or indirect) or in case of any unforeseen technical glitches, including but not limited to website being down for maintenance, server errors, speed of website download, any viruses in the website etc., which may affect any transaction activity of any Campaign; or pursuant to the exercise of any right to refuse, reject, prohibit, interrupt, suspend, cancel or remove any content, Campaign, or Pledge at any time and for any reason whatsoever.

13. Disclaimer

13.1. We are not responsible for verifying the ownership of any content posted or uploaded onto our Services.

13.2. You agree that your access and use of our Services and its content is at your own risk. We do not have any knowledge of, or control over, the particular purpose(s) for which the information and content available on our Services is used. The content and information that we make available on our Services is provided for information only.

13.3. We do not make any promises about the availability or accessibility of our Services or promise that your access to our Services, the content on it or the services we provide will be delivered uninterrupted, timely or error-free.

13.4. We are not responsible for any data or information uploaded by any Users including any content posted, uploaded or published on our Services. It is your responsibility to make backup copies of any of the content you post, upload or publish on our Services and we strongly recommend that you do so.

13.5. We make no promises in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancel bot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer's functionality or operation including transmission arising from your download of any content, software you use to download the content, our Services or the server(s) that make it available. In this respect you agree that it is your responsibility to install suitable anti-virus and security software on your computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines. Any content downloaded or otherwise obtained through the use of our Services is done at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content.

13.6. The Services may contain links to third-party websites, advertisers, or services that are not owned or controlled by Sinwattana Social. Access to or use of third-party sites or services is at each User's own risk. Except as otherwise expressly provided herein, Sinwattana Social is not responsible for any loss or damage of any sort relating to User dealings with these third-party sites or services.

13.7. We will not be responsible or liable if we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our control.

13.8. We shall not be liable to funders in any case the funds received from Funders are not used or ineffectively used for the purposes of achieving the Campaign.

14. Disputes between Campaigners, Third Parties and Funders

14.1. Campaigners are legally bound to perform on any promise and/or commitment to Funders (including delivering any Rewards). Sinwattana Social does not recognize any third party and/or agency affiliated with the Campaign as a Campaigner. If a Campaigner is unable to fulfill any of its commitments to Funders (including delivery of any Rewards), the Campaigner will work with the Funders to reach a mutually satisfactory resolution, which may include refunding Pledge. Please note that if the Pledge has been disbursed to the Campaigner, then it is the Campaigner's responsibility to issue refunds to Funders.

14.2. Sinwattana Social is under no obligation to become involved in disputes between Campaigners and Funders, or Users and any third party. In addition, Sinwattana Social is under no obligation to become involved in disputes regarding the determination of the rightful Campaigner, and will not be obligated to make any changes to Campaigner accounts or transfer of ownership. In the event of any dispute, such as a Campaigner's alleged failure to comply with the Terms or alleged failure in fulfillment of any Rewards, we may provide the Campaigner's contact information to the Contributor so that the two parties may resolve their dispute.

15. Liability of Members

If you are Members, you are liable whatsoever to other Users or any third party whosoever for any damage, injury or loss, including but not limited to loss of business; loss of income; indirect, special, incidental, consequential, punitive, exemplary or other similar loss or damages, arising from or in relation to the use or misuse of the platform; or any breach of Terms or non-performance of obligations under these Terms.

16. Liability of Campaigner

If you are Campaigners, you are liable whatsoever to Users for any damage, injury or loss, including but not limited to loss of business; loss of income; indirect, special, incidental, consequential, punitive, exemplary or other similar loss or damages, arising from or in relation to your use or misuse of the platform; or any breach of Terms or non-performance of obligations under this Terms; or in relation to the campaign; or any other reason whatsoever.

17. Indemnity

You agree only to use our Services in accordance with these Terms. You agree that you will compensate us (and our employees, officers, agents and suppliers) in full for any damages, losses, costs and expenses, including reasonable legal fees we incur that arise out of any breach by you of these Terms (including as a result of any UGC that you post to our Services or any actions you take which disrupt access to and/or the functioning of our Services) or any liability we incur as a result of the use of our Services by you and any other person that uses your account with your permission or as a result of your negligence.

18. Copyright

18.1. We respect the intellectual property rights of others, and we prohibit Users from submitting, uploading, posting or otherwise transmitting any materials that infringe or violate another person or organization's intellectual property rights.

18.2. We aim to comply with clear notices of alleged copyright infringement. Additionally, it is our policy to terminate usage rights and any applicable accounts of Member we determine to be repeat infringers of others copyrights.

18.3. Content hosted on third-party websites accessible from our Services is the responsibility of those websites, and not our responsibility. If you are the copyright owner of content hosted on a third-party website, and you have not authorized the use of your content, please contact the administrator of the hosting website directly to have the content removed.

19. Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our Services, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Services. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

20. Severability

If any part of these Terms is found to be unenforceable as a matter of law, all other parts of these Terms will not be affected and shall remain in force.

21. Acts of God

If we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our control, we will not be deemed to be in breach of contract. Such circumstances include, but are not limited to, fire, electricity, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism, events or war.

22. Assignment

You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

23. Waiver

If you breach these Terms and we choose to ignore your breach, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms again.

24. Exclusion of third party rights

These Terms do not create any right enforceable by any person who is not a party to them or any Contract made under them, except that the provisions of these Terms may be enforced by any of our licensors subject to and in accordance with the Contracts.

25. Language

In the event of a conflict between these the English language version of the Terms and any foreign language translation versions thereof, the English language version of the Terms shall govern and control. All disputes, claims and causes of action (and related proceedings) will be communicated in English.

26. Cooperation with Authorities and Police Enforcement

We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Services when requested.

27. Governing Law

The Services shall be deemed solely based in Bangkok, Thailand and the Services shall be deemed a passive one that does not give rise to personal jurisdiction over Sinwattana Social, either specific or general, in jurisdictions other than Thailand. This Agreement shall be governed by the laws of Thailand, without respect to its conflict of laws principles.

28. Dispute Resolution

Any disputes or claims between us arising out of or in connection with these Terms or any contract made under them (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of Thailand and shall be subject to the exclusive jurisdiction of the courts at Bangkok, Thailand.

29. Amendment

Sinwattana Social may alter the Terms at any time, so please review them frequently. If a material change is made, Sinwattana Social may notify Users in the Services, by email, by means of a notice on the Services, or other places we think appropriate. A "material change" will be determined at Sinwattana Social's sole discretion, in good faith, and using common sense and reasonable judgment.

30. Contact

Sinwattana Social a division of Phoenixict Co., Ltd.
Address: Sethiwan Building, floor 17 zone A, 139 Pan Rd,
Silom, Bang Rak, Bangkok 10500
Tel: +66-2-233-3723
Mobile: +66-94-490-0457
Email: info@sinwattana.com