These terms of use as set forth herein (hereinafter referred to as “Terms of Use”) consist of terms and conditions between BECi Corporation Co., Ltd. (hereinafter referred to as “Company”) and user (hereinafter referred to as “User”) for the services of online television, news, re-run television programs and dramas/series, online stores, or other services through website ch3plus.com and application named “3Plus” (hereinafter collectively referred to as “Services”).
The User acknowledges that your usage of Services either through websites and/or applications shall be deemed as your agreement and acceptance to the Terms of Use for the Company’s Services in every respect. In addition, the User acknowledges that the Company’s Services are served merely as intermediary for provision of services to the User only.
1. Intellectual Property
The User agrees and accepts that all data, messages, pictures, sound, logos and/or any part of Company’s Services, including but not limited to, copyrights, trademarks, service marks, trade names, databases, trade secrets, patents, know-hows, business information, and etc., available on the Services or any other works which may fall within the scope of protection under the laws, are works protected by intellectual property laws and all ownership, copyrights, rights and properties of which are solely vested in the Company and/or its affiliates. In this regard, the User agrees and accepts that he/she has already read and thoroughly understood of details of the intellectual property policy enclosed hereto.
2. Usage of Services
2.1 The User agrees and accepts that you shall use the Services for personal use or for lawful purposes under these Terms of Use only and shall not use the Services for commercial use or for other benefits which against the laws or contrary to moral and public policy.
2.2 The User is not mature or under 20 years old can only use the Services upon receipt of prior consent from legitimate parents or guardians. In addition, for the User who uses the Services for or on behalf of any juristic person, it shall be deemed that such juristic person accepts and agrees to comply with these Terms of Use as well and such agreement and acceptance shall be deemed valid and irrevocable.
2.3 The User shall agree and accept these Terms of Use and privacy policy of the Company before using the Services. The User may agree and accept the Terms of Use and the privacy policy by applying for registration of membership of the Services or by using the Company’s Services, such agreement and acceptance shall be deemed valid and irrevocable.
2.4 The User shall use the Services within the territory(ies) permitted by the Company only.
2.5 All data, messages or contents uploaded into the Services by the User shall be data, messages or contents which the User is the owner of copyrights and intellectual properties or the User is granted with license to use the copyrights or intellectual properties lawfully only. Additionally, the User agrees to grant to the Company non-exclusive rights to reproduce, adapt, communicate to public, sublicense or otherwise exploit such data, messages or contents which the User uploaded into the Services in any way, perpetually, without royalty, and agrees to waive moral rights which the User has or may have in all data, messages or contents.
2.6 The User agrees not to conduct any of the followings whilst using the Services:
a) reproducing, revising, adapting, communicating to public, reverse engineering, or exploiting the Services otherwise in any way without written approval from the Company;
b) infringing intellectual property right of the Company or of any person, e.g., copyrights, patents, trademarks, trade secrets or other intellectual properties as stipulated by laws regardless of the method;
c) deleting or altering right management information which is the information embedded or available on contents, messages, or works within the Services for identifying the authors, creative works, copyright owners, e.g., name of the Company, names of the owners and authors, watermarks, numbers or codes which refer to any of the aforementioned information, and etc., and agrees not to make available any content, message, or work within the Services which its right management information has been deleted or altered;
d) reproducing, adapting, downloading, uploading, posting a notice, or any other action for wrongful exploitation on the content, message, or work within the Services without prior written consent from the Company, and/or posting a thread or making available the message which cause damage to the Company, member, internet user, and/or third party;
e) uploading, posting the notice, sending an e-mail, or other proceedings which is resulting in disturbance or intervention of operation of computer system by sending virus or computer program, in various formats, which is designed for blocking, destroying, restricting operation of computer system, or computer hardware, or programs/software which us used for communication by any user of the Company’s Services, or internet user, or third party;
f) using any computer program or software to block or intervene operation or provision of the Company’s Services, or computer and/or computer system of any third party, e.g., using program/software in the form of Trojan Horse, virus in the form of Time Bombs, and etc.;
g) making available message or content which have any of the following characteristics:- personal data of other person, e.g., name, surname, e-mail, telephone number, without consent from the relevant data subject;- criticism against or implication on the royal institution and royal family;- expression in the manner which is related to violence and sex, e.g., vulgar, aggressive, obscene, indecent, or disgraceful message;- expression which lead to discrimination against religion, belief, race, ethnicity, sex, social status;- slander or criticism against any person, institute, or religion which cause damage to any of the same or cause any of the same to being insulted or hated by other person;- message or content which is falsify or may cause confusion or misunderstanding among public;- message or content which causes nuisance to any user of the Company’s Services (Spamming);- message or content which violates the laws or is related to illegal matters;- message or content which is inappropriate or contrary to moral and public policy or Thai society;- other messages or contents which the Company additionally announced afterward;
h) using the Services for sale, marketing, advertising, invitation, or other commercial purposes;
i) acting in any manner which helps or supports any of the prohibition or restriction set forth in these Terms of Use;
j) acting in any way which conflicts with announcements or policies of the Company which are mentioned in these Terms of Use, including privacy policy of the Company and/or any amendment to the Terms of Use which the Company subsequently announces.
2.7 The User agrees and acknowledges that the Company reserves the right to carry out the followings:
a) restricting the rights of the User in accessing to the Services, whether wholly or partially, by taking into account conditions and qualifications of the User which the Company deems necessary, e.g., age, individuality, membership status, and other factors which the Company deems appropriate. In this regard, the Company is entitled to determine, amend, revise the conditions and qualifications of the User in accessing to the Services without prior notification to the User;
b) changing or suspending the Services, whether wholly or partially, at any time, as the Company deems appropriate without prior notification to the User;
c) suspending the Services to any user without prior notification to such user and/or initiate legal proceedings against the user as the Company deems appropriate, if it is known to the Company that such user carry out any activity which violate the laws, these Terms of Use, or terms and conditions for each service, including privacy policy;
d) adding, cancelling, revoking, amending and/or altering, including suspending access, usage and/or making available any part of the Services, including any content on the Services (including but not limited to, databases, data, pictures, drawings, videos, sound, computer programs, translations and/or downloadable files, or other contents which can be accessed to or embedded in the Services), which violates the laws or as the Company deems appropriate;
e) changing details of provision of Services by the Company whether in the form of subscription package of the Company (including but not limited to, the Services in the form of SVOD (Subscription Video on Demand) (“SVOD”)) (“Subscription Package”), or other services which the User applies for. In this regard, any of such change shall become effective at the end of subscription period of the Subscription Packages applied by the User only and the Company will notify the User for acknowledgement of such changes in advance as deems appropriate so as to give opportunity to User to change or cancel the Subscription Packages prior to the effectiveness of such changes.
3. Application for Membership
3.1 At the time which the User gives information about himself/herself to the Company, the User shall give the information which is true, accurate, and complete whilst using the Services and update such information at all times.
3.2 If the User applies for membership, the User shall use the User’s account and password by himself/herself only and shall use reasonable care and be responsible for preventing usage of the User’s account in the manner which is unlawful. In addition, the Company shall deem that all activities carried out by the User’s account are activities carried out the User himself/herself.
3.3 The Company may suspend or delete the User’s account without prior notification to the User, if the Company views that the User may violate or has violated these Terms of Use, and/or usage of Services, or conduct in any way which may affect or cause damage to the Company, affiliates, or other users, as the Company deems appropriate.
3.4 The Company reserves the rights to delete any account which has not been activated for 1 year or longer, starting from the date of the last activation, without prior notification to the User.
3.5 The right of the User to use the Services will end upon deletion of the User’s account regardless of reasons. The account cannot be recovered whether the User deletes his/her account unintentionally and the Company requests the User to become aware of this matter.
3.6 Each account for the Services is for specific usage and is solely owned by account owner only. The User cannot assign any right or allow any third party to use the account, and any third party cannot accept assignment or sublicense of the account from the User.
3.7 The User agrees and acknowledges that the Company shall not be responsible for any loss or damage incurred by the User if the Company suspends or deletes the User’s account in any event, including but not limited to, losing of points, rewards, privileges, or any data in the account.
4. Services of Online Television, News, Re-run Television Programs and Dramas/Series (Streaming)
4.1 The User acknowledges that the Company shall have the sole discretion in determining details and formats of the Services on the websites or applications, the Services of the Company are including but not limited to, the services of online television, news, re-run television programs and dramas/series of the Company (Streaming), and etc. For provision of Services in relation to re-run television programs or dramas/series, the Company may provide Services in the form of AVOD (Advertising Video on Demand) (“AVOD”), in other words, viewing programs with advertisement and without subscription, or in the form of SVOD, in other words, viewing programs without advertisements and the User is required to pay subscription in the form and under the terms and conditions set forth by the Company.
4.2 In providing SVOD services or other packages which require payment of subscriptions, the Company shall be entitled to change the packages or the subscription rates from time to time as the Company deems appropriate. Nevertheless, such changes of packages or subscription rates shall become effective after the Company has notified the User at least 30 days.
4.3 The Services of online television, news, re-run television programs and dramas/series of the Company (Streaming) are for personal use within the household only. The User agrees not to use the Company’s Services for commercial use, including not seeking commercial benefits from the Company’s Services and shall not make the works of Company available in the form of public exhibition.
4.4 The quality of video and sound signals used in making available content, online television, news, re-run television programs and dramas/series (Streaming) through the Company’s Services will depend on the devices, systems and internet used for viewing online television, news, re-run televisions programs and dramas/series of the User. As a result, the Company will not warrant the quality of display of contents, online television, news, re-run television programs and dramas/series through the Company’s Services.
4.5 The Company may require the User to create an account for accessing and using the Company’s Services (Username & Password) for authenticating the User in accessing and using the Company’s Services. In this regard, any transaction conducted through the Company’s Services under the username and password set up by the User at the time of application for the Services, shall be deemed by the Company as conducted by the User and have binding effect under the laws.
5. Free-Trial for SVOD (Subscription Video on Demand)
In provision of SVOD services, the User acknowledges and agrees to the terms and conditions for free-trial for SVOD as follows:
5.1 The Company may offer the free-trial for SVOD package without payment of subscription temporarily within the period as determined by the Company to the User who possesses qualifications set forth by the Company (“Free Trial”). In this regard, the User agrees and acknowledges that consideration on Free-Trial is subject to the Company’s sole discretion and the Company reserves the right to cancel or suspend the Free-Trial including amending the terms and conditions for Free-Trial without prior notification to the User.
5.2 During the Free-Trial, the User needs to apply for membership and select the Subscription Package. The User is required to provide details for payment which are usable, including but not limited to, information of credit cards or debit cards of the User, e.g., name of card holder, card number, CVV / CVC code and expiration date of the User’s card, or information on other payment methods as required by the Company, or other methods which are subsequently announced by the Company to the payment system company and/or service provider engaged by the Company.
5.3 The User acknowledges that the Free-Trial for SVOD is the free-trial within the period determined by the Company. Upon expiration of the Free-Trial period and the User does not cancel the SVOD services prior to the end of Free-Trial for SVOD, it shall be deemed that the User agrees to continue receiving SVOD services based on the package selected by the User at the time of application for Free-Trial for SVOD. The starting date for subscriptions is the day next to the end of Free-Trial. In this regard, the User agrees and consents the Company to claim for payment (based on the package selected by the User) from User by using credit cards which the User has provided to the Company and/or the payment system service provider engaged by the Company immediately. Nevertheless, if the User does not wish to receive or use the SVOD services which the User is required to pay subscriptions upon expiration of the Free-Trial, the User is obligated to cancel the SVOD services within the time of 23.59 on the last day of Free-Trial.
6. Claiming for Payment of Subscription
6.1 The User can make payment of subscriptions and other expenses incurred from using the Services by the User, e.g., taxes and transaction fees of credit cards, debit cards, cash, payments through bank accounts, counter services (e.g., 7-Eleven), wallets, payment systems, or other methods specified in the Company’s Services. The Company reserves the right to change, restrict, amend or cancel any payment method. In such event, the User needs to check the relevant details whilst using the Services.
6.2 If the User chooses to pay the subscriptions through credit cards or debit cards, the Company (through external payment system service providers) will claim for payment of subscriptions from credit card or debit card of the User directly based on the amount specified for the Subscription Package which the User has chosen. The User shall make available the money or credit in the account sufficient for payment of subscription at all times.
6.3 If payment of subscriptions is not successful, the User shall remain responsible for the outstanding subscriptions which have not been paid. The Company will claim for payment of such subscriptions through credit cards or debit cards or other payment systems subsequently. In this regard, the Company reserves the right to claim the transaction fees incurred from any delay payment of subscriptions additionally.
6.4 The Company will start collecting subscriptions for Subscription Package on the day next to the end of Free-Trial (in case there is a Free-Trial) or the day which the User selects the Subscription Package henceforth until the due date for subscription payment under the package selected by the User. In addition, the Company will collect subscriptions for the next subscription period from credit cards or debit cards which the User has given information to the Company automatically until the User cancels the Subscription Package.
6.5 If the User fails to pay the subscriptions or payment of subscriptions is not successful for whatsoever reasons, the Company reserves the rights to suspend the Services under the Subscription Package of the User until the Company has received payment of the aforesaid subscriptions in full.
6.6 If the User changes any Subscription Package, the new Subscription Package selected by the User will start promptly upon change of package, and the Company will collect subscription for the new Subscription Package immediately. Nevertheless, if the new package has a lower subscription than the previous package, the Company reserves the rights not to refund the different amount of subscription in all events.
6.7 The User can change payment methods of the User through the channels specified by the Company.
6.8 The Company shall not be responsible for any loss or damage incurred by the User from payment originated from information provided by the User, e.g., incorrect delivery address or payment information, or the User pays the costs of goods or services incorrectly.
6.9 The Company shall not be responsible for any damage occurred from errors of the payment system of payment system service provider in all events. In this regard, if there is any problem or difficulty in making payment of subscription, the User shall contact, enquire, coordinate with or make a claim against the payment system service provider by himself/herself.
7. Cancellation of Subscription Packages
Unless specifically set forth otherwise in the terms and conditions for Subscription Packages, the User can always cancel the Subscription Package. In this regard, the User agrees and acknowledges that subscription for the Subscription Package will be collected in advance for the subscription period selected by the User. Consequently, if the User cancels the Subscription Package, the User can still use and access the Services until the end of subscription period under the Subscription Package. The Company will not refund or return subscription credit to the User in any event.
8. Special Services or Privileges
8.1 The Company, affiliates, and/or business partners may provide special services or privileges, e.g., points, promotion codes, or rewards, which the User can use in exchange for various benefits which are and/or are not parts of the Company’s Services under the terms and conditions set forth by the Company and/or affiliates from time to time.
8.2 The Company, affiliates, and/or business partners may collect service fees for special services or privileges from the Users at the rate determined by the Company, affiliates, and/or business partners. In this regard, the User acknowledges that, in any event, the Company, affiliates, and/or business partners reserves the rights not to refund the service fee for special services or privileges to the User.
8.3 The User agrees and acknowledges that usage or exchange of special services or privileges shall be deemed as the User’s acceptance to the agreement, including these Terms of Use, and the terms and conditions for usage or exchange of special services or privileges in every respect. In addition, the Users acknowledges, agrees, and consents the Company, affiliates and/or business partners to collect, use, process or disclose personal data of the User for the purposes in connection with special services or privileges which the Company, affiliates and/or business partners provided to the User.
8.4 The User agrees and acknowledges that special services or special privileges from Services of the Company are exclusive to the User. In this regard, the User cannot assign any special service or privilege to any person ever (except where the Company determined otherwise). Additionally, the special services or privileges cannot be exchanged or used for other purposes than those allowed by the Company, including cannot be deemed as money and cannot be exchanged for cash in any event.
8.5 The User agrees and acknowledges that in the event of failure or error of the Services, systems, or websites, or any other events which are resulting in losses of special services or databases of privileges, the User expressly releases the Company and/or affiliates from all liabilities and losses therefrom in every respect. In this regard, decisions of the Company and/or affiliates in relation to special services or privileges shall be final and the User agrees to accept such decisions without arguments.
8.6 The User agrees and acknowledges that special services or privileges have validity period under the conditions set forth by the Company, affiliates, and/or business partners. The special services or privileges which have not been used within the validity period will be deleted from the User’s account automatically. In this regard, the Company and/or affiliates are not required to notify the User for expiration of any special service or privilege again.
8.7 The User agrees and acknowledges that the Company, affiliates, and/or business partners of the Company reserves the rights to change, revise or cancel any special service or privilege at the Company’s and/or affiliates’ discretion without prior notification to the User.
8.8 If the Company finds out or reasonably suspects that the User uses or receives special services or privileges by:
(a) fraud or corruption (whether the User has successfully committed fraud or corruption or merely attempts to commit any of the foregoing) or
(b) non-compliance with the conditions or restrictions for special services or privileges; the Company, affiliates, and/or business partners of the Company reserve the rights to suspend usage and/or exchange of relevant special services and/or privileges, including cancel the special services or privileges which the User has received from the Company promptly, without prior notification to User. Additionally, the Company, affiliates and/or business partners of the Company reserve the rights to initiate legal proceedings against the User who commits the aforesaid fraud or corruption to the last.
8.9 Apple company is not involved in sale promotion activities or special privileges which are determined by affiliates and/or business partners of the Company.
9. Services in relation to Sale of Goods
The User agrees and acknowledges that the Company sells goods through websites and applications of the Company. In this regard, if the User purchases any goods from the services in relation to sale of goods through websites and applications of the Company, it shall be deemed that the User accepts these Terms of Use, including terms and conditions for services in relation to sale of goods online. The User can find details of the terms and conditions for services in relation to sale of goods online at (-please specify hyperlink to terms and conditions for service in relation to sale of goods online page-).
10. Advertisements
The Company and/or affiliates reserve the right to make available advertisements for Company and/or affiliates, partners of the Company and/or affiliates, or third parties to User through the Services. The User agrees and acknowledges that advertisements may consist of advertisements created by third parties, Company and/or affiliates shall not be responsible for accuracy, completion, or lawfulness of the contents of such advertisements.
11. Services of Partners/Third Parties
The User agrees and accepts that the Company’s Services may consist of other contents or services which are offered by partners or third parties who cooperate with the Company, which are beyond controls and responsibilities of the Company. In this regard, the partners or third parties will be responsible for the contents and/or services so offered. The Company requests the User to read and thoroughly understand the terms and conditions in relation to the contents or services prior to usage of such contents or services.
12. Limitation of Liabilities
12.1 The User agrees and acknowledges that the Company’s Services are served merely as intermediary for providing entertainment, disseminating news and/or messages to the User only. The Company does not give any warranty or guarantee as to accuracy, authenticity or completion of any content, picture, news and/or article within the Services. Consequently, in the event of legal dispute, the User agrees to waive all claims in any legal proceedings, whether civil or criminal, against the Company, and/or affiliates, and/or directors, staffs, employees, and agents of the Company and/or affiliates.
12.2 The User agrees and accepts that these Services may consist of data, contents, or messages which are created from importations, creations, publicities, or any other action of the service providers, third parties or the User, which may not involve or beyond control of the Company. The Company has no liability from such data, contents, or messages whether from damage, litigations, claims, or other infringements, even if they are civil or criminal, computer crimes or other liabilities under the laws, which may affect computer devices, assets, rights or properties related to you or third parties, whether by binding contracts, torts, criminal liabilities or others.
12.3 The Company does not warrant that the Company’s Services, whether wholly or partially, will free from problems or defects in every respect. The Company shall not be responsible for any damage incurred from usage of Services, errors of Services, or any inability to use the Services, whether directly or indirectly, regardless of whether the Company can foresee such damage or not, including but not limited to, indirect damage, special damage, consequential damage, punitive damage, or losses of reputations, rights to benefits, and opportunities.
12.4 The exemptions of liabilities of the Company shall include any failures in provision of Services, actions of the Company and/or affiliates, partners or business partners of the Company and/or affiliates, co-service providers or other internet users.
13. Indemnification
The User agrees to indemnify the service providers, agents, directors, staffs of service provider and/or affiliates against litigations, legal proceedings, and compensate to third party in the event of damage arising from usage of the Services in violation of or in conflict with these Terms of Use or the laws, including infringements to copyrights, intellectual properties, or any other rights of third parties. The User agrees to fully cooperate with the Company in any proceeding to rectify and settle the problems arising therefrom.
14. Privacy Policy
The Company collects, uses, discloses and processes personal data of users of the Company’s Services in accordance with the laws. You may find details of the Company’s operation in relation to personal data, privacy, and usage of Cookies of the Company from “Privacy Policy” and “Cookies Policy” of the Company.
15. Amendment
The Company reserves the rights to amend, change, add, delete all terms and conditions set forth herein without prior notification to the User. In this regard, usage of Services by the User shall be deemed as agreement and acceptance to these Terms of Use, and usage of Services by the User after any amendment or addition to these Terms of Use of the Company has been made in the future, shall be deemed as the User’s acceptance to the Terms of Use of the Company so amended or added.
16. Governing Laws
In the event of dispute arising from usage of the Company’s Services, you and the Company agree to use Thai laws in settlement of dispute.
