Last Revised and Effective: August 18, 2020
Welcome to the Oakra website (the "Company Website"). This document explains the Terms and Conditions (“Terms of Use”, “Terms”) for using the Company Website. Oakra Software Co., Ltd. ("Oakra,” “we,” “us,” or “our”) provides use of its Company Website and other related online services (collectively, "Service(s)") to you subject to the following Terms of Use. By using the Company Website, you consent to be legally bound by these Terms of Use and any new version of such posted since your last visit, which shall be enforceable in the same way as if you had signed the Terms of Use. If you do not agree to these Terms of Use, you are not granted permission to use the Company Website and must exit immediately.
These Terms of Use apply to any person or entity using and/or browsing the Company Website ("User"), including Company customers who are authorized to register to use the customer portal (the "Customer Portal"). You may access and use the Services only in compliance with these Terms and applicable laws. In the event that a third party, such as your employer, created your account or pays for your account under a subscription service, that party will have certain rights to your account, including the right to manage your account, reset your password, suspend or cancel your account, view your account activity, and read and/or store Customer Data in your account. In some cases, an account may be assigned to you by an administrator, such as your employer.
You agree to review this Agreement prior to accessing any information or obtaining any documents from the Site. As Oakra continues to grow, our company policies or business practices may change. If our policies or practices require changes to this Agreement, we will make such changes by updating this Agreement online. If we revise the Agreement, you will not be notified individually. Thus, we strongly advise you to periodically check this Site to and review any changes. Your continued use of this site indicates your complete and unconditional acceptance of the terms and conditions set forth in this agreement, as may be amended from time to time.
If you register to receive information or certain products through the Company Website, you are representing that your registration information is truthful, accurate, updated and complete. A username and password will be assigned by us. You are responsible for maintaining the secrecy of your password and for activities occurring on the basis thereof.
Each User must register separately, although corporate entities may possess only one username and password. Thus, only one registration is required for such corporate entities. You may not disclose your username and password to non-authorized individuals within your organization or to outside third parties. You may not use another Users username and password without their explicit authorization. We will not be responsible if you suffer any harm or loss because you do not keep your password secret, if you let someone else use your account, if you use someone else’s password or account, or if you become aware of or suspect unauthorized use of your password or account but do not tell us promptly.
Administrative Logins. Depending on your Services package, you may be required to create an administrative login (“Admin Login”) associated with your Account. Once an Admin Login has been created, you will be permitted to create up to the total number of additional user logins for which the applicable Service Subscription Fees have been paid (each, a “User Login”), if any. You will be solely responsible for all activities that occur under User Logins associated with your Account. User Logins may not be shared, transferred or disclosed to any individual not expressly authorized as a User.
You are solely responsible for all use (whether or not authorized) of our Services under your Account(s), including for the quality and integrity of your Customer Data and each of your applications. You are also solely responsible for all use and for all acts and omissions of anyone that has access to the Services under your Account. You agree to take all reasonable precautions to prevent unauthorized access to or use of our Services and will notify us promptly of any unauthorized access or use. We will not be liable for any loss or damage arising from unauthorized use of your Account.
Company Proprietary Rights. The Company Website may contain information, data, software (including updates), images, links, logos and other material (collectively, the "Content") that are the copyright, trademark or other intellectual property of the Company, and/or its affiliates, subsidiaries, partners and/or third-party suppliers. The Content in the Company Website is copyrighted individually and as a collective work. You will ensure that all copyright, trademark or other proprietary rights notices appearing on any Content remain intact and legible.
Linking to the Company Website. If you operate a website, then you may not display the Content within a frame or border, or "deep link" or harvest Content located below the upper-most URL. You will not link to the Company Website or Content in a manner that suggests an endorsement or affiliation between the sites absent the written consent of the Company. You will remove any link to the Company Website that the Company finds objectionable promptly upon request.
Reservation of Rights; Certain Prohibitions. By offering the Company Website for use, we provide you with a worldwide, nonexclusive, nontransferable, revocable, limited license to access and use of the information on the Company Website, strictly subject to and in accordance with these Terms of Use. The Company reserves all rights, including but not limited to use of the Company Website and related intellectual property rights, not specifically granted to you. Except as specifically authorized in these Terms of Use, you may not store, copy, reproduce, adapt, reformat, create derivative works of, transmit, disseminate, publicly display or perform any copyrighted material from this Company Website. To the fullest extent permitted by law, you may not decompile, disassemble or otherwise reverse engineer any products and/or software obtained through the Company Website.
You agree not to: (a) use the Company Website in any manner that could disable, overburden, damage, or impair the Company Website, or interfere with any other use of the Company Website, including, any user's ability to engage in real-time activities through the Company Website; (b) use any robot, spider or other automatic device, process or means to access the Company Website for any purpose, including to scrape, data mine, monitor or copy any of the material on the Company Website; (c) use any manual process to monitor or copy any of the material on the Company Website, or to engage in any other unauthorized purpose without the express prior written consent of the Company; (d) otherwise use any device, software or routine that interferes with the proper working of the Company Website; or (e) otherwise attempt to interfere with the proper working of the Company Website.
You agree that Oakra may, under any circumstances and without prior notice, immediately terminate your Oakra account, and access to the Service and/or any and all Content or materials. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Oakra may also terminate this Agreement, your Oakra account, access to the Service and/or any and all Content or materials for any reason or no reason whatsoever. Termination of your Oakra account includes: (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations shall be made in Oakra's sole discretion and that Oakra shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
Content, goods or services may be offered by affiliates, partners and/or third parties through the Company Website. These are offered as a convenience to you. The Company has no control over and does not endorse this content, goods or services. The Company is a distributor and not a re-publisher of third-party content and is an advertising channel for third party goods and services. Third party providers may change, add or discontinue their content or offerings at any time without notice. They may impose additional or different conditions on your use of their content or services (please read any additional terms that may be posted by such providers). The company disclaims all representations and warranties, whether express or implied, regarding content, goods or services that you obtain from third party providers. You will look solely to the third-party provider for all claims regarding such matters.
The Company endeavors to protect the security of personal information. It uses a variety of security technologies and procedures to try to protect personal information from unauthorized access, use, or disclosure.
The privacy policy (the "Privacy Policy") for the Company Website is posted at the homepage. The terms of the Privacy Policy, and any future amendments to it, are hereby incorporated by reference in its entirety into these Terms of Use and subject to these terms.
Warranty Disclaimer. The company website (including all information, content, communications, features, products, software and services) may include inaccuracies, errors and defects and is provided as-is and as-available without warranty of any kind. All warranties, including merchantability, quality, integration, accuracy, workmanlike effort, fitness for a particular purpose, title and non-infringement are disclaimed. The company is not responsible for unauthorized access to or disruption of your communications, content or transactions entered into with or through the company website. The company is not responsible for any harassing, defamatory, illegal or improper conduct or content of third parties, or for any infringement of intellectual property rights by third parties.
Limitation of liability. In no event is the company liable whether in contract, tort (including negligence, strict liability or otherwise), for any direct, indirect, punitive, special, exemplary, incidental or consequential damages (including lost savings, lost profit, lost goodwill, lost or corrupted data or business interruption) even if notified in advance of such possibility. This limitation is a material condition to these terms of use, is commercially reasonable and has been factored into these terms of use as a whole. Some states or jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, and in that case the foregoing limitation may not apply to you.
Indemnification. You agree to defend, indemnify and hold harmless the Company and its officers, directors, owners, agents, employees, advisers and consultants, from and against any claims, actions, demands, liability, damages (including legal and professional fees) arising from your use of the Company Website, your conduct, content, communications, alleged infringement of third-party intellectual property or privacy rights, or violation of these Terms of Use.
Protected Parties. The warranty disclaimers, liability limits, indemnities and reservation of rights contained in these terms of use protect the owner of the company website, the company, its officers, directors, owners, agents, consultants, advisers, employees, affiliates, advertisers, distributors, resellers, suppliers, publishers and promoters.
Information provided on this Site, including information concerning any products or their use, is deemed reliable, but is not guaranteed to be accurate. All listings and information are subject to change without prior notice.
The Company is not responsible for any delay or failure in performance of the Company Website in whole or in part for any reason including, without limitation: fires, floods, storms, earthquakes, civil disturbances, disruption of telecommunications, transportation, utilities, services or supplies, governmental action, computer viruses, corruption of data, hacker attack, incompatible or defective equipment, software or services or otherwise. Nothing herein enlarges any warranty or diminishes any disclaimer under these Terms of Use.
If you violate or exceed the scope of these Terms of Use or infringe any proprietary rights in connection therewith, then you agree the Company would be irreparably harmed and may (in addition to other relief and without having to post bond) obtain a court order enjoining your infringing activity.
Technology Transfer. The transport of technology, technical data and information across national boundaries is regulated by the Thailand and by certain foreign governments. You agree not to directly or indirectly export or re-export any information, software or technology obtained from or through the Company Website that requires an export license or governmental approval without first obtaining that license or approval. This provision will survive termination of the Terms of Use.
European Union Residents. If you reside in the European Union (EU) or if any transfer of information between you and the Company Website is governed by the General Data Protection Regulation (Regulation 2016/679), then you consent to the transfer of such information outside of the European Union to such other countries as may be contemplated by the features and activities provided by the Company Website.
There are no third-party beneficiaries of these Terms of Use. The parties are independent to one another and are not related by agency, franchise, partnership, employment, joint venture or otherwise. The Company and this Company Website are not a party to any transaction between you and any third-party advertisers or suppliers. You will look solely to the third party for all claims regarding their goods, services or information.
Copyright © 2020 Oakra. All rights reserved. The trademarks and service marks are registered and unregistered trademarks of Oakra or others. Your use of any Oakra trademarks and service marks, without the written permission of the trademark or service mark owner is strictly prohibited. Nothing contained on the Company Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Oakra's trade names, trademarks or service marks without our express prior written consent.
The Company reserves the right to modify, change or discontinue the Company Website or any feature at any time without notice. You agree that the Company is not liable to you or to any third party as a result of any such action. The Company invites Users to make suggestions for ways that the Company Website can be improved. If you make a suggestion, then you authorize the Company to use the idea and to publish your name in connection with the submission. The Company does not compensate for the use or publication of such submissions.
Pricing Information. The Company does not currently charge separate fees to use this Company Website. The Company reserves the right to change fees, surcharges or to institute new fees at any time, as provided in these Terms of Use.
The Company reserves the right to change these Terms of Use at any time by posting a new version on the Company Website. Your continued use of the Company Website after the effective date of such amendment will constitute your acceptance of such change. This electronic document or a hardcopy duplicate in good form shall be considered an original document admissible into evidence unless the documents authenticity is genuinely placed in question. The Company reserves the right to assign these Terms of Use or delegate responsibility to any third party, including a party acquiring any of the operating assets or ownership interests of the Company. All licenses or permissions granted to you by these Terms of Use are personal in nature and may not be assigned, sublicensed or otherwise transferred and any attempt to the contrary is void, absent the Company’s written consent.