INTRODUCTION
Welcome to the Ojas Store website https://www.ojas.co.th (the “Site”). These terms of service (“Terms”) apply to the Site, and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms of service.
This Website Terms is entered into between you and OJAS STORE, its past, present, or future parents, subsidiaries, affiliates, predecessors, assignees, successors, and their respective agents, employees, directors, officers, partners, and members (whether acting in their corporate or individual capacity) (hereinafter referred to as “Ojas Store”, “we” or “us”), with a principal place of business at Address: Ojas Co., Ltd – 129/39 Moo 4, Soi Tesbaan 1, Petchkasem Road, Omnoy, Kratumban, Thailand. Notwithstanding any language in the Website Terms to the contrary, the Website Terms have the same effect as an agreement in writing and govern your use of this site and its content, your engagement of Ojas Store’s services, your request that Ojas Store contact you about its services, and/or your participation in Ojas Store’s sales / reward program and services.
This website is owned and operated by Ojas Store. We reserve the right, to change, modify, add, or remove portions of both the Terms of Use and the Terms of Sale at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms regularly for updates. Your continued use of the Site following the posting of changes to these Terms constitutes your acceptance of those changes.
Kindly review the Terms listed below diligently prior to using this website as your use of the website indicates your agreement to be wholly bound by its Terms without modification. You agree that if you are unsure of the meaning of any part of these Terms or have any questions regarding the Terms, you will not hesitate to contact us for clarification. These Terms fully govern the use of this website. No extrinsic evidence, whether oral or written, will be incorporated.
TERMS OF USE
USE OF THE SITE
You confirm that you are at least 18 years of age or are accessing the Site under the supervision of a parent or legal guardian. Both parties agree that this website may only be used in accordance with these Terms of Use. If you do not agree with the Terms of Use or do not wish to be bound by them, you agree to refrain from using this website.
We grant you a non-transferable, revocable and non-exclusive license to use this Site, in accordance with the Terms of Use, for such things as: shopping for personal items sold on the site, gathering prior information regarding our products and services and making purchases. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance.
These Terms of Use specifically prohibit actions such as: accessing our servers or internal computer systems, interfering in any way with the functionality of this website, gathering or altering any underlying software code, infringing any intellectual property rights. This list is non-exhaustive and similar actions are also strictly prohibited.
Any breach of these Terms of Use shall result in the immediate revocation of the license granted in this paragraph without prior notice to you. Should we determine at our sole discretion that you are in breach of any of these conditions, we reserve the right to deny you access to this website and its contents and do so without prejudice to any available remedies at law or otherwise.
Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure.
The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
During the registration process you agree to receive promotional emails from the Site. You can subsequently opt out of receiving such promotional e-mails by clicking on the link at the bottom of any promotional email.
ACCEPTABLE USE OF THE SITE
You agree, undertake and confirm that your use of Ojas Store shall be strictly governed by the following binding principles. Ojas Store provides the Website and the Materials for your individual, non-commercial use and solely for the purpose of carrying out shopping and individual transactions with the Website. Any other use of the Website or the Materials is rigorously prohibited. You may not, either directly or indirectly:
· Modify, republish, redistribute, delete, resell, sublicense, publicly perform, cache by proxy the Website or Materials without the express written permission of Ojas Store or the applicable rights holder;
· Use the Materials for telemarketing, direct marketing, and commercial mass e-mail or by agents or representatives or e-mail spammers;
· Reverse engineer, decompile, disassemble, merge, copy, use, disclose, rent, lease, loan, sell, sublicense or transfer the underlying source code or structure or sequence of the Technology or delete or alter author attributes or copyright notices;
· Use any network monitoring or discovery software to determine Website architecture, or extract information about usage or users;
· Reformat or frame any portion of the Website or Materials;
· Use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website;
· Take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
· Violate the Website Terms, applicable law or the rights of others; or Disrupt or interfere with the security of, or otherwise cause harm to, the Website.
You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Ojas Store the right to bar any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of Ojas Store website, or any other systems or networks connected to Ojas Store Website or to any Ojas Store’s server, computer, network, or to any of the services offered on or through Ojas Store Website, by hacking, password “mining” or any other illegitimate means.
You shall not probe, scan or test the vulnerability of Ojas Store website or any network connected to Ojas Store website nor breach the security or authentication measures on Ojas Store website or any network connected to Ojas Store Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Ojas Store Website, or any other customer of Ojas Store, including any Ojas Store account not owned by you, to its source, or exploit Ojas Store Website or any service or information made available or offered by or through Ojas Store, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Ojas Store Website.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of Ojas Store Website or Ojas Store’s systems or networks, or any systems or networks connected to Ojas Store.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Ojas Store on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Ojas Store or others.
Solely to enable Ojas Store to use the information you supply us with, so that we are not violating any rights you might have in Your Information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in Your Information, in any media now known or not currently known, with respect to Your Information. Ojas Store will only use Your Information in accordance with the terms of use and Ojas Store’s Privacy Policy.
You shall not engage in advertising to, or solicitation of, other users of Ojas Store to buy or sell any products or services, including, but not limited to, products related being displayed on Ojas Store or related to Ojas Store. You may not transmit any chain letters or unsolicited commercial or junk email to other users via Ojas Store. It shall be a violation of these Terms of Use to use any information obtained from Ojas Store in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside of Ojas Store without Ojas Store’s prior explicit consent.
You understand that Ojas Store has the right at all times to disclose any information (including the identity of the persons providing information or materials on Ojas Store Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
You hereby represent and warrant that you have all necessary rights in and to all information you provide, and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information
Ojas Store shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of People, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
USER SUBMISSIONS
Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”) will become our sole and exclusive property and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content.
You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
INFORMATION AVAILABLE ON WEBSITE
You accept that the information contained in this website is provided “as is, where is”, is intended for information purposes only and that it is subject to change without notice. Although we take reasonable steps to ensure the accuracy of information and we believe the information to be reliable when posted, it should not be relied upon and it does not in any way constitute either a representation or a warranty or a guarantee.
Product representations expressed on this Site are those of the vendor and are not made by us. Submissions or opinions expressed on this Site are those of the individual posting such content and may not reflect our opinions.
ACCESSIBILITY OF WEBSITE
Our aim is to ensure accessibility to the website at all times, however we make no representation of that nature and reserves the right to terminate the website at any time and without notice. You accept that service interruption may occur in order to allow for website improvements, scheduled maintenance or may also be due to outside factors beyond our control.
LINKS AND THIRD PARTY WEBSITES
We may include links to third party websites at any time. However, the existence of a link to another website should not be considered as an affiliation or a partnership with a third party or viewed as an endorsement of a particular website unless explicitly stated otherwise.
In the event the user follows a link to another website, he or she does so at his or her own risk. We accept no responsibility for any content, including, but not limited to, information, products and services, available on third party websites.
Creating a link to this website is strictly forbidden without our prior written consent. Furthermore, we reserve the right to revoke our consent without notice or justification.
INTELLECTUAL PROPERTY
Both parties agree that all intellectual property rights and database rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain at all times vested in us or our licensors. Use of such material will only be permitted as expressly authorized by us or our licensors.
Any unauthorised use of the material and content of this website is strictly prohibited and you agree not to, or facilitate any third party to, copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
INTELLECTUAL PROPERTY INFRINGEMENT POLICY
It is the policy of Ojas Store to take appropriate action where necessary to uphold and recognize all relevant State, Federal and International laws in connection with material that is claimed to be infringing any trademark, copyright, patent and all or any other Intellectual Property laws. If you are an intellectual property rights owner and you believe that Ojas Store sells, offers for sale, or makes available goods and/or services that infringe your intellectual property rights, send the following information below in its entirety to our physical Address: Ojas Co., Ltd – 129/39 Moo 4, Soi Tesbaan 1, Petchkasem Road, Omnoy, Kratumban, Thailand.
Information required
1. An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed;
2. A description of the allegedly infringing work or material;
3. A description of where the allegedly infringing material is located on the site (product(s) URL);
4. Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law;
6. Identification of the intellectual property rights that you claim are infringed by the Website(e.g. "XYZ copyright", "ABC trademark, Reg. No. 123456, registered 1/1/04",etc);
7. A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.
DATA PROTECTION
Any personal information collected in relation to the use of this website will be held and used in accordance with our Privacy Policy, which is available on our Site. Ojas Store will use and protect your data, such as your name, bank details and address, in accordance with any consumer Privacy Statement(s) contained within the site, the contents of which are incorporated by reference into the Terms of Use. Please be aware that your browser must be enabled to accept cookies in order for you to use certain Services.
WARRANTY
THE SITE, SERVICES ARE PROVIDED BY OJAS STORE UNDER THESE TERMS OF USE "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, PERFORMANCE, SECURITY, INTEGRATION, QUIET ENJOYMENT, SATISFACTORY QUALITY, AND THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, OJAS STORE AND ITS RESELLERS MAKE NO WARRANTY THAT:
(i) THE SITE, SERVICES WILL MEET YOUR REQUIREMENTS;
(ii) THE SITE, SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE;
(iv) THE QUALITY OF THE SITE OR ANY SERVICES PURCHASED OR ACCESSIBLE BY YOU WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES WILL BE CORRECTED.
THIS SITE, SERVICES MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. OJAS STORE MAY MAKE CHANGES TO THE SITE SERVICES AT ANY TIME IN ITS SOLE DISCRETION AND WITHOUT NOTICE. THE SITE SERVICES MAY BE OUT OF DATE, AND OJAS STORE MAKES NO COMMITMENT TO UPDATE THE SITE, SERVICES. YOU ACKNOWLEDGE AND AGREE THAT:
(i) OJAS STORE DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY SERVICES OFFERED BY THIRD PARTIES, INCLUDING THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES;
(ii) OJAS STORE MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES OR SERVICES;
(iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND
(iv) OJAS STORE SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY SERVICES OFFERED BY THIRD PARTIES.
OJAS STORE SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE SITE, SERVICES AND ANY ACTIONS RESULTING FROM YOUR USE OF THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OJAS STORE WILL HAVE NO LIABILITY RELATED TO USER, ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS.
THE USE OF THE SITE, SERVICES OR THE DOWNLOADING OR OTHER USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. OJAS STORE ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OJAS STORE OR VIA THE SITE, SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. OJAS STORE WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT WITH RESPECT TO THE SITE OR ANY SERVICES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL OJAS STORE, ITS AFFILIATES OR RESELLERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF OJAS STORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH:
(1) THE ACCESS OR USE OF OR THE INABILITY TO ACCESS OR USE THE SITE SERVICES ;
(2) THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR VIA THE SITE OR SERVICES;
(3) ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES;
(4) ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT;
(5) ANY SERVICES AVAILABLE THAT ARE DELAYED OR INTERRUPTED;
(6) ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE; OR
(7) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY LINKED SITE.
TRADEMARK, COPYRIGHT AND RESTRICTION
This site is controlled and operated by Ojas Store. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Material on Ojas Store web site owned, operated, licensed or controlled by us is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.
ADVERTISEMENTS AND PROMOTIONS
Ojas Store may run advertisements and promotions from third parties via the Site, Services or in any manner or mode and to any extent. Your communications, activities, relationships and business dealings with any third parties advertising or promoting via the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely matters between you and such third parties. You acknowledge and agree that Ojas Store is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-Ojas Store advertisers on the Site or in connection with the Services.
PRICING/TYPOGRAPHICAL ERROR
If Ojas Store comes across any difference in pricing resulting from typographic errors with regards to pricing or product information, Ojas Store shall have the right to rectify the same or cancel the order(s) and refund monies, if any, collected from the customer within 10-15 business days of such corrective action taken. The mode of refund will be the same as at the time of placing the order. Cash on Delivery order refunds will be done by cheque.
TERMS OF SALE
GENERAL
You agree that if you are unsure of the meaning of any part of the Terms of Sale, you will not hesitate to contact us for clarification prior to making a purchase. These Terms of Sale fully govern the sale of goods and services purchased on this Site. No extrinsic evidence, whether oral or written, will be incorporated.
FORMATION OF CONTRACT
Both parties agree that browsing the website and gathering information regarding the services provided by the Ojas Store does not constitute an offer to sell, but merely an invitation to treat. The parties accept that an offer is only made once you have selected the item you intend to purchase, chosen your preferred payment method, proceeded to the checkout and completed the checkout process.
Both parties agree that the acceptance of the offer is not made when the Ojas Store contacts you by phone or by email to confirm that the order has been placed online. Your offer is only accepted when we dispatch the product to you and inform you either by email or by phone of the dispatch of your ordered product.
Before your order is confirmed, you may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.
Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time.
ACCEPTANCE OF ELECTRONIC DOCUMENTS
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
PAYMENT AND PRICING
We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit/debit card charged. In the event that we are unable to provide the services, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the products.
We accept payment for items purchased on the Ojas Store through http://www.ojas.co.th which could be executed online or we accept Cash on Delivery (COD).
DELIVERY
This Site is only for delivery of products to customers within Thailand. We make every effort to deliver goods within the estimated timescales set out on our Site; however delays are occasionally inevitable due to unforeseen factors. We shall be under no liability for any delay or failure to deliver the products within the estimated timescales where they did not occur due to our fault or negligence.
You agree not to hold the Ojas Store liable for any delay or failure to deliver products or otherwise, perform any obligation as specified in these Terms of Sale if the same is wholly or partly caused whether directly or indirectly by circumstances beyond our reasonable control.
CANCELLATION POLICY
Unless otherwise stated herein, there are no refunds and all sales are final.
RETURN POLICY
Our Return Policy is as contained in the document titled “Return Policy” on our Site.
INDEMNIFI