These service conditions (the “Conditions”) are stipulated for NTB Plus (Thailand) Co., Ltd. (the “Company”) and the user (the “User”) using the services or features of Jellys (the “Services”) provided by the Company.

1.Definition

“App” shall mean the software application “Jellys” the Company has created to provide the Services on smartphones and/or tablet computers.

2.Accepting the Conditions

The User shall agree and comply with the Conditions appearing in the conditions of membership of the Services and these Conditions or any amendments to be subsequently stipulated. By agreeing to use the Services of Jellys, it is considered that you have consented and agreed with the Terms and Conditions of these Conditions.

3.Copyright Reservation

All the copyrights of the App and Services (including but not limited to the intellectual property rights, e.g., copyrights, trademarks, patents) shall be exclusively reserved by the Company.

4.Service Provisions

(1) The Company shall grant the right to use the Services the User as far as he/she remains complying with the usage and service conditions described in the Services. The User is not entitled to prescribe or sublease the right to use service to any third party. 

(2) The Company shall assume no responsibility for storing any data or the User’s information for the usage defeating the purposes or Conditions or violating Thai laws.

(3) The Company shall provide the Services in accordance with the Conditions or Thai or international laws that are applicable and recognized by various countries in order to provide the Services of Jellys produced or entitled to the User.

(4) The Company is able, in its sole discretion, to reserve the right to amend, cease, or revoke the Services at any time, wholly or partially, without prior notification required.

5.Privacy

(1) The Company places the highest importance in preserving the User’s privacy. The Company undertakes to fully supervise and take precautions on the security measures in order to protect the User’s information.

(2) The Company undertakes to protect the User’s privacy and information.

(3) The Company shall be entitled to apply the User’s information for the purposes regarding marketing, advertising, and public relations of Jellys. The User’s account name, name, and last name (the “Information”) are able to be disclosed for the public purpose as permitted by Thai laws.

6.Other Services

(1) The other services and/or contents offered by the Company may be included or associated with the Services. The said services and/or contents may be subject to the other terms and conditions prescribed by the Company.

(2) The services and/or contents offered by the partners of the Company may be included or associated with the Services. The Company shall assume no responsibility for the said services and/or contents. In addition, such the services and/or contents may be subject to the terms and conditions prescribed by such partners. 

7.Restrictions

While using the Services, the User should not commit the activities which:

(1) violate the laws, court’s judgments, resolutions or orders or measures which are legally effective; 

(2) may obstruct the order;

(3) infringe the intellectual properties such as copyrights, trademarks and patents, reputations, privacies, individual photos, and other rights of the Company or any third parties;

(4) participate with other users to express violent or sexual performance, the expressions leading to discrimination based on origins, religions, genders, social statuses, family backgrounds, etc., the expressions causing suicide or self-harming or addicting to the illegal drugs, or anti-social expressions with the anti-social contents leading to the unrests of others;

(5) lead to the distortion of facts against the Company and/or third parties or intentional dissemination of false information;

(6) use the Services for the purpose of molestation or libel against others, meeting peoples to satisfy the sexual needs, or any purposes other than the real intentions for provision of Services;

(7) provide benefits to or work with the anti-social groups;

(8) are unlawful or improper leading to collecting, disclosing, or providing the personal information of others, registered information, user’s profiles, or Like clicks;

(9) obstruct the operations of the servers and/or network systems of the Services by committing the violation against the Services by means of bots, cheating tools, or other techniques, and intentionally applying the impairments of Services;

(10) cause unreasonable information inquiry with the Company, e.g., unnecessarily repeatedly inquiring the same question which obstructs the Company’s operations regarding providing the Services or the Services usage of other users;

(11) provide assistance or promotion for any activities specified in (1) to (10) above;

(12) the Company deems improper.

8.The User’s Liabilities

(1) The data shared through the Services may be transmitted from the User to others, e.g., the information. Moreover, if the data is downloaded to the others’ smartphones and/or tablet computers, the said data will not be automatically deleted when it is transmitted to others by the User, except for the case that the other user will uninstall the App from his/her smartphone or tablet computer or cancel the data sharing. The User must accept this risk and assume responsibility for the performance and the consequences resulting from using the Services upon his/her understanding and acceptance of the natures of these Services. 

(2) If the Company acknowledges that the User is possibly using the Services with the violations against the terms, the Company may apply the measures as it deems necessary and appropriate, e.g., revocation or cessation of the User’s right to use the Services. Nonetheless, the Company shall assume no responsibility for the rectification or prevention of the consequences arising to the User or others. 

(3) In case the Company suffers troubles/damages or is subject to the penalties (including but not limited to the lawyer fees), directly or indirectly, which are attributed to the User (including but not limited to the claims made by third parties), upon the Company’s request, the User must immediately compensate the Company.

9.Disclaimer

(1) The Company shall not warrant that the User will be able to display the information on the smartphone or tablet computer while using the Services. In addition, the Company shall not explicitly or implicitly warrant that the Services are free from de facto or legal impairments (include but not limited to security, reliability, accuracy, validity, efficiency, suitability for the purposes, errors of security, faults, bugs, or human right violation) and the Company shall assume no responsibility if the said impairment are absent. 

(2) The Company shall assume no responsibility for any damages incurred by the User regarding the usage of Services if, however, the agreement made between the Company and the User is relevant to the Services (including but not limited to the Conditions), Thai laws, or the international laws which are applicable or recognized by various countries.

(3) Despite of the conditions specified in (2) above, the Company shall assume no responsibility for any indirect, special, or incidental damages or penalties (including but not limited to the said damages foreseen or foreseeable by the Company or the User) attribute to the Company or the negligent acts of the Company (except for the serious negligence). The compensation for the damages attributed to the Company or the negligent acts of the Company (except for the serious negligence) shall be limited to the amount received from the User in the month of the Company’s breach of contract or negligent acts. 

(4) The Company may delete the data without the User’s permission required if the said action is required by laws, court’s judgments, resolutions, orders, or measures that are legally effective. Identically, if the Company has found the information having improper contents, the Company shall assume no responsibility for any damages suffered by the User.

10.Alteration of the Conditions

The Company may alter the Terms and Conditions when it deems necessary without prior notification served to the User. The said alteration shall be effective upon the Conditions are posted in the Services. The User should agree in the altered Conditions by continuing using the Services.

11.Governing Law and Jurisdiction

The construction and application of the Terms and Conditions of these Services shall be in accordance with the applicable Thai laws.