Terms of Service
The terms of service set forth below (hereinafter referred to as the Terms or the Agreement) is made by and between Topvisor Company Limited, a company registered in Thailand (hereinafter referred to as the Service Administrator) and the individual or entity who becomes a user (hereinafter referred to as the User) through registration by signing up on the website https://topvisor.com/ (hereinafter referred to as the Website) in order to use the software, the platform, the tools, the features and the contents of the Website, and the account data available on the Website (hereinafter altogether referred to as the Service). The User and the Service Administrator, together are referred to as Parties and individually, each is referred to as Party.
1.1. By becoming the User and/or by accessing the Service, the User is bound to full and unconditional acceptance of the Agreement and its terms
1.2. The provisions of the Agreement are fully and unconditionally accepted by the User in case of the User’s registration in the Service's automated system.
1.3. The Agreement takes effect when the User accepts it by checking the box “I accept Terms & Conditions” on the sign up page at https://topvisor.com/
(hereinafter referred to as User’s Acceptance) and does not require joint signature and shall be valid in electronic form.
1.4. Use of the materials and tools provided through the Service is regulated in accordance with the effective Thai laws.
2. SUBJECT OF AGREEMENT
2.1. Subject to the terms and conditions set forth in this Agreement, the Service Administrator agrees to provide the User with the non-exclusive right to use
the Service by means of providing access to the Service on the server that belongs to the Service Administrator.
2.2. The terms and conditions of this Agreement apply to all subsequent updates and new versions of the Service. Continuation of use of the Service by the
User after changes and/or additions are made to the Service shall mean that the User accepts these terms and conditions for such changes and/or additions,
unless otherwise is separately set forth.
2.3. As a result of the intellectual activities of the Service Administrator, the Service is protected by the effective Thai intellectual property laws and international laws. The Service, all materials and copies of the Service exclusively belong to the Service Administrator, who provides to the User the right to use the Service based on the terms and conditions of this Agreement.
3. USAGE RULES
3.1. To begin using the Service, the User must register on the Website by providing a unique login for the access to the Service. After registration, the User gets a personal account assigned by the Service Administrator (hereinafter referred to as the Account or the Personal Account) and a password for the access to the Service, which the User shall change at his/her own discretion. From the time of his/her registration to use the Service, the User bears full responsibility for the safety of his/her personal data, Login and Password.
3.2. At the end of each session in the Service, the User must end the session in the Service on his/her own by pressing the "Sign out" button.
3.3. The User can make deposits to the Personal Account if needed. The Deposit on the Personal Account may be used to pay for services that require payment (hereinafter referred to as Paid Services). The costs of Paid Services shall be paid in advance by the User by transferring one hundred percent payment to the Service Administrator from the User's Personal Account, bank account, credit card, debit card or other forms of electronic money. The Paid Services shall be provided only if the deposit in the Personal Account of the User is larger or equal to the cost of the selected Paid Services.
3.4. The services which are offered free-of-charge (hereinafter referred to as Free Services) are provided to the User with no warranty and of the quality, in volume and with functions they possess in the Service. The User shall not present claims, regarding availability, volume, quality or functions of the Free Services and he/she shall take all risks and responsibility for using the Free Services.
3.5. Paid Services are considered to be completely rendered if the Service Administrator does not receive a written claim with explanation from the User within 5 (five) days after the end of the calendar month in which the corresponding service was provided.
3.6. The Service Administrator shall provide to the User with technical support regarding issues connected with the Service’s functions, the provided services and the operation of the Service.
4. RIGHTS AND OBLIGATIONS OF PARTIES
4.1. Rights and Obligations of the User.
4.1.1. The User is obliged to comply with the provisions of the effective Thai laws and international laws, including the laws on rights to intellectual property, copyright and related rights.
4.1.2. The User is obliged to familiarize himself at least once a month with the current version of this Agreement, available on the Internet at https://topvisor.com/confirm/.
4.1.3. The User shall not provide or delegate or otherwise alienate, including gratuitous alienation, partly or entirely, the rights obtained under this Agreement to third parties and shall not sell, replicate or copy materials of the Service, partly or entirely, without a prior written consent by the Service Administrator.
4.1.4. The User shall not disclose or transfer his/her passwords and logins to third parties. The User bears full responsibility for their confidentiality. In case of unauthorized access to the User’s login and password and/or Personal Account, the User is obliged to notify the Service Administrator immediately.
4.1.5.The User shall not use any software for automated downloading and processing (disassembling) of the Service's web pages (not to parse the web pages of the Service).
4.1.6. The User has the right to access the Service anytime except for the periods of maintenance of the Service.
4.1.7. The User has the right to use the conditions set by this Agreement.
4.1.8. The User has the right to make any deposits to his/her Personal Account in order to use Paid Services in the Service.
4.1.9. The User has the right to change his/her password without notifying the Service Administrator.
4.1.10. The User may submit a request for terminating the Account and removing all personal information from the Service with or without cause at any time. The User’s Personal Account and personal information stored in the Service will be deleted within 7 (seven) days after the request is submitted. After the account removal, the User will not be refunded in whole or in part.
4.1.11. The deposits made by the User to his/her Personal Account shall not be refunded, but can be used to pay for Paid Services.
4.2. Rights and Obligations of the Service Administrator
4.2.1. The Service Administrator agrees to provide to the User the access to the Service within 5 (five) days after registration in the Service.
4.2.2. The Service Administrator agrees to provide services, under the terms and conditions of this Agreement, twenty-four hours a day, seven days a week, including weekend and public holidays, except for the periods of maintenance of the Service.
4.2.3. The Service Administrator agrees to continue to keep the User’s personal data stored in the Service for 90 (ninety) days from the User’s last access in case of Free Services and pay-as- you-go Paid Service or from the expiration of the monthly subscription Paid Service.
4.2.4. The Service Administrator reserves the right to suspend the Service operation for scheduled maintenance of the technical resources that belong to The Service Administrator and for unscheduled works in case of emergency. The Service Administrator shall preliminarily notify the Service’s users of the maintenance by placing notifications on the site if it is technically possible.
4.2.5.The Service Administrator reserves the right to suspend the Service operation if there are problems or failures caused by third party services that affect the operation or performance of the Service, including cases of emergency.
4.2.6. The Service Administrator reserves the right to change at any time the content, the types of services, the interface of the Service without advance notice.
4.2.7. The Service Administrator reserves the right to change the prices for the Service unilaterally.
4.2.8. The Service Administrator reserves the right to terminate the User’s access to his/her Personal Account or to remove User’s Account including any User Generated Content at any time at its sole discretion if the User has not logged into his/her Account for 90 (ninety) days or in case of the User’s violation of the Terms.
5. LIABILITY OF PARTIES, DISPUTES SETTLEMENT, ARBITRATION AND GOVERNING LAW
5.1. The Service is made available for the User on the "As is" basis according to the general principles of international law. It means that the Service Administrator is not liable for any issues that occur during upgrades, support or operation of the Service, including issues caused by incompatibility with other software or by mismatching of the obtained results with any particular purpose expected by the User.
5.2. In case of a breach of any terms in this Agreement, the User agrees not to make any monetary claims whatsoever against the Service Administrator.
5.3. Under no circumstances shall either of the Parties be held responsible for not fulfilling obligations under this Agreement if the said failure is caused by force-majeure circumstances, which arise after the Agreement has been made and which are beyond the control of the Parties. If the force-majeure persists for more than 3 (three) months, each Party shall have the right of early termination of the Agreement or any part thereof.
5.4.The Service is an intellectual property of the Service Administrator.
5.5. Under no circumstances shall the Service Administrator be held responsible for failure to execute or improper execution of the terms under this Agreement, as well as for special or incidental damages, including lost profits and possible damage caused by actions of Internet users towards breaches of information security or improper functioning of the Service; lack of Internet connection between the User's computer and the servers of the Service Administrator; operative research activities undertaken by any government organizations and municipal authorities or other institutions; imposing of government regulations (or control by other institutions) on activities of commercial organizations on the Internet, or one-time limitations created by the above mentioned institutions that can make fulfilling of this Agreement difficult or impossible; and other cases caused by actions or non-actions of Internet users and/or any other subjects toward deterioration of the usage of the Internet network and/or computer equipment at the time the present Agreement is in effect.
5.6. In case any disputes or differences arise between the Parties in connection with the fulfillment of this Agreement, the Parties will make every effort to resolve the disputes or differences by negotiations.
5.7. In case disputes or differences between the Parties are not resolved by negotiations, they are to be resolved by arbitration in accordance with the Arbitration Rules of the Thai Arbitration Institute, Office of the Judiciary, applicable at the time of submission of the dispute to arbitration and the conduct of the arbitration thereof shall be under the auspices of the Thai Arbitration Institute.
5.8. The law of Thailand shall be the governing law of the Agreement.
If any part or any provision of the Agreement is held by any court of competent jurisdiction to be invalid, illegal or unenforceable in any respect under any applicable law, then the said part or provision shall be read as if such offending portion were deleted so as to save as much of the remaining part thereof as originally contained herein and in any event, such invalidity, illegality and unenforceability shall not affect or impair the remaining provisions of the Agreement which shall remain in full force and effect.
7. ADDITIONAL CONDITIONS.
7.1. The Agreement takes effect at the moment when the Service Administrator receives the User's Acceptance and is valid until all the obligations are completely fulfilled.
7.2. The Agreement can be terminated any time by mutual agreement of the Parties.
In case of a breach of any terms and conditions of the Agreement by the User, the Service Administrator shall have the right to terminate the Agreement immediately without any refund to the User. The Service Administrator shall not be responsible for any damage or loss suffered by the User from the early termination of the Agreement.
7.3. Due to the fact that these terms and conditions are regarded as a public offer until accepted by the User, the Service Administrator reserves the right of premature withdrawal of this offer, which shall be done by placing the relevant information on the site.
7.4. During the period of execution and compliance of the Agreement, the Parties permit the use of the signatures of the Parties, their representatives and their seals received by means of facsimile transmission, copies generated electronically or by other methods, digital signature or any other analogues of directors' autograph signatures or company stamps. The Parties accept that all enclosures to this Agreement, signed and documented in the hereinabove described ways are valid and binding for the Parties.
7.5. The Service Administrator reserves the right to change the terms and conditions of the Agreement unilaterally by making changes to this Agreement and placing the relevant information accessible to the general public on the Website.
7.6. Hereinabove mentioned changes take force from the time of their placement, unless otherwise separately set forth herein. The continuation of use of the Service by the User after changes and/or additions are made to the Agreement shall mean the User’s agreement with and acceptance of such changes and/or additions.
8.1. The Service Administrator disclaims all and any warranties, apart from the warranties set forth herein.
8.2. By accepting the Terms, the User confirms the following:
- that he/she shall provide true personal information at the time of registration;
- that this Agreement is executed voluntarily;
- that he/she shall familiarize himself/herself carefully with the terms and conditions of the Agreement;
- that he/she fully understands and accepts this offer and the Agreement; and
- that he/she has legal capacity and/or is duly authorized to conclude and execute this Agreement.
Company name: Topvisor Co., Ltd.
Legal address: 87/72, Moo 7, Rawai, Muang, Phuket, Thailand, 83130
Tax ID: 0835558010005
Bank account: 5731125953
Intermediary bank name: Bank of Ayudhya PCL.
City, country: Bangkok, Thailand