Welcome to PChome Thai! We, PChome (Thailand) Co., Ltd., are glad you have decided to join our online marketplace servicing individual buyers and sellers of goods and services seeking to engage directly in the purchase and sale thereof (our “Marketplace”), and thank you for your participation.
Before you begin, however, we ask that you review this Membership Agreement. You must agree to its terms and conditions in order to become a member of the Marketplace (“Member”) and use any or all of its tools and services (collectively, the “Marketplace Services”). It is important that you understand your rights and obligations as a Member and the guidelines and rules that govern your participation as either as a buyer, seller, or both in our Marketplace.
Our Marketplace consists of www.pchome.co.th and any other website that we expressly identify as a part of our Marketplace, as well as the mobile versions of these websites and any mobile applications that we offer to access the Marketplace (collectively, the “Site”).
This Membership Agreement is an agreement between you and PChome (Thailand) Co, Ltd. (“Site Operator,” “us,” “our” or “we”). Participation in the Marketplace is only available to visitors who register as Members and agree to be bound by this Membership Agreement.
We require that a visitor of the Site shall be at least 15 years old in order to become a Member. Any person less than 15 years old will require consent from their legal guardian. Accordingly, by accepting the terms of this Membership Agreement and registering as a Member, you represent to us that you are at least 15 years old or that you have obtained such consent from your legal guardian.
As used in this Membership Agreement, “Member-Generated Content” or “MGC” mean all Member content submitted to us through the Site or through other channels, as well as any attachments to those submissions or otherwise provided to us (such as documents, photographs and videos).
We reserve the right, in our sole discretion at any time to
Changes will be effective when made and the updated Membership Agreement is posted on the Site. You should visit this page periodically to review the current terms and conditions of the Membership Agreement.
As described below, any Member who violates this Membership Agreement may be banned permanently from the Marketplace or the Site and from using the Marketplace Services. Site Operator reserves and retains all rights and remedies provided by law or equity to redress any violation of this Membership Agreement. Any content submitted by you to us that does not require you to first become a Member is not governed by this Membership Agreement.
Site Operator merely provides an online trading platform service in the form of the Marketplace and the Marketplace Services, which is available for Members to voluntarily list product and services information and engage in purchase and sale transactions. The buyer and the seller are solely liable for the performance of any transaction, and for resolving at their own initiative any dispute that may arise in connection with a transaction.
Site Operator will not actively intervene in disputes arising between Members in connection with such transactions. When transacting in the Marketplace or through Marketplace Services, the buyer and seller are solely liable for the negotiation and performance of such transactions.
Site Operator makes no commitment or warranty, whether express or implied, regarding the willingness or ability of the buyer or the seller to perform any transaction, or of the quality, safety, and legality of any Merchandise (as defined below). If any dispute arises between the parties to a transaction regarding the negotiation or performance of the transaction, the parties should mutually coordinate and resolve the dispute at their own initiative. Whenever Site Operator deems necessary, it may require Members to promptly provide explanations and materials related to any questions or disputes related to any transactions between Members or matters related to such transactions.
2. Availability of Marketplace
While we make reasonable efforts to ensure that your access to the Marketplace is available at all times, we do not guarantee that access to the Marketplace will be uninterrupted or error-free, and we do not guarantee that Members will be able to access or use all the Marketplace Services or all of their features at all times. We may change, suspend or discontinue the Marketplace or any (or all) Marketplace Services, or any of their respective features, at any time. We may also impose limits on the use of or access to certain features or portions of the Marketplace or the Marketplace Services, or restrict your access to any part or all of the Marketplace or the Marketplace Services, in all cases without notice to you or liability to us.
3. MGC License and Management
You agree that, by submitting MGC to the Marketplace, you are granting to us a worldwide non-exclusive, royalty-free, perpetual, irrevocable and fully assignable and sub-licensable right to use, reproduce, modify, adapt, publish, translate, edit, reformat, create derivative works from, distribute, display and provide to third parties such MGC for any purpose and in any media. You are also granting to us the non-exclusive right to seek to enjoin and/or obtain damages from any third party from the unauthorized use or reproduction of your MGC, as well as the right to attribute your MGC to you and you waive any “moral rights” in your MGC.
You agree that you will not use or reproduce any MGC of other Members in any manner or in any media, including posting or republishing any MGC of another Member on any other website. However, you may display a link or the address of the Marketplace webpage on which any of your MGC appears.
You may not submit MGC that infringes in any manner on the copyright, trademark or intellectual property rights of any person or entity, or that contains any confidential or proprietary information of any person or entity, or that otherwise violates the legal rights of any person or entity. You may not use the Marketplace or the Marketplace Services to distribute unauthorized copyrighted material, including photos, videos, artworks, texts, recordings, designs or computer programs. In addition, you may not submit MGC that contains personally identifiable information about other people, such as their phone number, street address or email address, or information about other people that could result in an invasion of their privacy or their harassment.
4. Promotions and Solicitations
You agree that, except with our prior consent, you will not upload, post, email, transmit or otherwise use the Marketplace or any Marketplace Service to make or distribute any unsolicited or unauthorized advertising, contests, sweepstakes, survey requests or promotional materials or implore Members to take actions that are intended to further a personal purpose. You agree you will not use information supplied within the Marketplace to do any of the foregoing, by email or any other method. You agree to not gather public email addresses from Member profiles for any purpose.
5. Reviews & Ratings
In the Marketplace, there are areas where we provide you with an opportunity for you to describe what your experience was like with a particular seller or good purchased through the Marketplace (“Merchandise”), or with a particular buyer who purchased Merchandise from you, and to comment on such experience. In order to facilitate the free flow of useful information about sellers, Merchandises, and buyers for the benefit of other Members, we suggest the following guidelines for posting such reviews:
Please note that the guidelines set forth in this Membership Agreement for the posting of reviews also apply to the posting of comments and ratings as applicable.
We have a policy of not posting a review that we know, or have reason to believe, is not a genuine reflection of a Member's experience in the Marketplace. However, we do not remove a review in response to an allegation that it is not genuine unless we are presented with persuasive evidence. We do not make any promises as to what actions we will or will not take with respect to any review or comment, and no such promises should be inferred from either this Membership Agreement or any communication by us.
It is a violation of this Membership Agreement for you to
Anyone who violates the foregoing will be subject to legal recourse by Site Operator, including claims for damages and/or for indemnification.
When listing products or services for sale, the seller represents and warrants that the seller has the right to sell that product or service, and that the sale of such product or service does not and will not violate any applicable laws and that it has obtained all necessary licenses to conduct its business (including but not limited to registration under the Commercial Registration Act of Thailand). Sellers may not post any exaggerated, false, deceptive, or misleading representation or content with respect to the product or service that they are selling. Before buying any specific product or service, a Member should carefully read the conditions of sale and related information, and evaluate the seller's trustworthiness and ability to perform the transaction. After an order is successfully placed, both parties to the transaction shall perform and complete the transaction in good faith.Sellers are not permitted to: (1) purchase products from another online seller in the Marketplace or from another online marketplace and have that other seller or other online marketplace deliver to the Member; or (2) ship orders with packaging, invoices or other information indicating a different seller and/or a different online marketplace. Violation of these requirements will result to the forfeiture of the seller's due for the particular transaction. It may also result in the suspension or removal of your selling privileges.
When any payable expense is incurred by a Member, Site Operator will notify the member to make payment. Until the member has completed the payment of all expenses in full, Site Operator may restrict all or part of the functions usable by the Member. Members are prohibited from using any improper means to raise their own credit reviews or lower the credit reviews of other Members.
Members are prohibited from listing or posting on the Marketplace any product, service or information that involves any violation of law or regulations, public order, good morals, or that infringes any right or interest of a third party, or that Site Operator deems (in its sole discretion) unsuitable for listing or posting. If any information described below is posted by any Member, we may, without prior notice, directly remove the information, make it inaccessible, or take other restrictive measures:
By registering as a Member, you will be required to identify yourself with your legal name, identification card, telephone number and other details that we may, from time to time, require.
8. Requests for additional information/documents
Site operator may, at its sole discretion, request that additional information and/or documents be provided by Member for the purposes of validating and verifying Member’s identity and/or such Member’s compliance with applicable laws (which shall include but not limited to certified copy of Member’s Identification Card, Passport, and e-Commerce Certificate) at any time and for any reason, including but not limited to confirming Member’s identity, age, contact details and/or bank details. For this purpose, Site Operator may adopt any method and process it deems, at its sole discretion, as fit and appropriate, to verify the accuracy of information and documents provided by Member. The Member hereby agrees to provide the Site Operator with the said information and documents upon request and without any unreasonable delay. The Member also hereby certifies that the information and documents provided and which will be provided to the Site Operator are true, complete, correct and up-to-date. Failure to provide such information and documents to the Site Operator or to conform to the Site Operator’s request or to pass the process of identity validation and/or verification or the Site Operator has thereafter found out that such information and/or identification document is forged, incorrect, incomplete or untrue, will be deemed as a serious breach of Membership Agreement and the Site Operator shall be entitled to suspend or revoke Member’s membership immediately without the need of prior notice and without any liability in whatsoever form onto the Site Operator.
9. Termination of Membership
Depending on the severity of the violation and the number of instances of violation, we may issue a warning, a temporary suspension of privileges, or a permanent ban. A suspended Member should use the “Relist” edit function to correct the violation, and then send a message to notify the Customer Service Center. Customer Service Center will consider the measures taken by the Member to correct the violation and decide whether to restore the member's user privileges.
A Member who continually violates the Marketplace rules and policies (including, without limitation, the terms of this Membership Agreement) or who commits a severe violation will be permanently suspended (banned) from using the Marketplace and Marketplace Services. A Member who is banned will only be able to access “My Account” and the “Seller Center” to query the records of all transactions, but will be unable to list products or services for sale, and the Member’s currently listed products or services, if any, will automatically be removed from listing. Meanwhile, the Member also will be unable to submit questions to other sellers and to purchase products or services.
During a temporary suspension period, a Member will still be able to access “My Account” and the “Seller Center” to query the records of all transactions, and is required to perform all orders that have already been successfully placed, but such Member will be unable to list products or services for sale, and the Member's currently listed products or services, if any, will automatically be removed from listing.
We also reserve the right to disable or terminate a Member's account, without notice, if there is a period of extended inactivity.
If your membership is terminated or deactivated by us, your MGC may be deleted and your username may be given to another Member without notice to you.
10. Intellectual Property Rights
A Member does not, by becoming a Member of the Marketplace, obtain any express or implied licensing of any intellectual property rights of Site Operator or its affiliates. Without prior written consent from us, a Member may not use, reproduce, or distribute any work, material, trademark, mark, or any other intellectual property in any form, of the Site
11. Security; Violations of Law
Violations of Marketplace system and network security are prohibited, and may result in criminal and civil liability. Examples of system and network security violations include the following:
We may investigate incidents involving such violations, any violations of this Membership Agreement that may constitute or have the potential to constitute violations of law, and any activity by Members on the Marketplace or using the Marketplace Services that constitute or may constitute violations of law. You understand that we may report such activity to, and cooperate with law enforcement, with or without receipt by us of a subpoena or other legal process.
12. Representations and Warranties
You represent and warrant to us that all of the information/documents provided by you to us to register as a Member and participate in the Marketplace and the Marketplace Services is correct and current; and that you have all necessary right, power and authority to enter into this Membership Agreement, to perform the acts required of you hereunder, and to submit your MGC in accordance with the requirements of this Membership Agreement.
13. Damages; Indemnification
14. Governing Law and Venu
All matters arising from or relating to this Membership Agreement or your use of the Marketplace or the Marketplace Services will be governed by and interpreted in accordance with laws of the Kingdom of Thailand, without reference to principles of conflicts of law. The parties hereto hereby submit to the non-exclusive jurisdiction of the courts of Thailand.