Welcome to Thaitrade.com, Thailand’s leading B2B e-marketplace. This site is operated by Department of Internal Trade Promotion (the “DITP”), Ministry of Commerce, Royal Thai Government. Please review the following terms and conditions that govern your use of Thaitrade.com (the "Agreement"). By accessing or using Thaitrade.com, you hereby agree to accept the terms and conditions set forth in this Agreement as a “User”. A User includes the person and any legal entity that may be represented by such person under actual or apparent authority.
User Roles, Rights and Responsibilities
- A User agrees to (a) provide Thaitrade.com with true, accurate, current and complete information to be displayed on Thaitrade.com and (b) maintain and promptly amend all information to keep it true, accurate, current and complete
- User agrees to provide all information and materials as may be reasonably required by DITP in connection with its transactions made via the transactional platform on Thaitrade.com. DITP has the right to suspend or terminate any User’s Account if the User fails to provide the required information and materials.
- Each User grants an irrevocable, perpetual, worldwide and royalty-free, license to DITP to display and use all information provided by such User in accordance with the purposes set forth in this Agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any media now known or not currently known.
- After registering with Thaitrade.com, User will be given with User ID, password and space to store user’s digital data (combined and referred to as The “Account”). User may not sell, attempt to sell, offer to sell, give, assign or otherwise transfer an Account, User ID or Password to a third party without the prior written consent of DITP. DITP may suspend or terminate the Account of a User or the transferee of a User in the event of a sale, offer to sell, assignment or transfer in violation of this condition.
- A User agrees that it shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through Thaitrade.com (the "Thaitrade.com Content") for the purpose of re-selling, re-distributing or re-publishing the Thaitrade.com Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with Thaitrade.com, or otherwise commercially exploiting the Thaitrade.com Content. Systematic retrieval of Thaitrade.com Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from DITP is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
- A User will not use the Thaitrade.com services to infringe the intellectual property rights or other legitimate rights of others in any way.
- User shall not send messages or information that contain any of the materials below through communication systems provided by Thaitrade.com, or through emails, fax or letters to addressees obtained from Thaitrade.com.
- Fraudulent information or fraudulent offers.
- Information or offer of items that violate any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other Third Party Rights
- Information that promotes illegal activities.
- Information that is defamatory, libellous, unlawfully threatening or unlawfully harassing.
- Pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors.
- Any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation.
- Link directly or indirectly to or include descriptions of goods or services or other materials that violate any law or regulation or are prohibited under this Agreement;
- Content that creates any liability for DITP.
- Any material downloaded or otherwise obtained through Thaitrade.com is done at each User's sole discretion and risk and each User is solely responsible for any damage to its computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by any User from Thaitrade.com or through or from Thaitrade.com shall create any warranty not expressly stated herein.
- Users should be aware that there might be risks of dealing with people acting under false pretences. Thaitrade.com cannot and does not confirm each User's purported identity (including, without limitation, Gold Supplier members). We encourage you to use the various tools available on Thaitrade.com, as well as common sense, to evaluate with whom you are dealing.
- Each User assumes the risks of purchase and risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using Thaitrade.com. Such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, export, distribution, offer,
display, purchase, sale and/or use of products or services offered or displayed on Thaitrade.com may violate or may be asserted to violate Third Party Rights, and the risk that User may incur costs of defense or other costs in connection with third parties' assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to product originally obtained by Users of Thaitrade.com as a result of purchase and sale transactions in connection with using Thaitrade.com may suffer harms and/or assert claims arising from their use of such products.
- Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of Thaitrade.com, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
- In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify DITP (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
- User acknowledges that DITP cannot verify all data input by User into Thaitrade.com, therefore DITP shall not be responsible or liable to anyone for any damage caused by invalidity of content input by User.
- User agrees that in no event shall DITP be liable to the User or any third parties for any inability to use Thaitrade.com (whether due to disruption, limited access, changes to or termination of any features on Thaitrade.com or otherwise), any delays, inaccuracies, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use Thaitrade.com or any of its features.
DITP’s and Thaitrade.com’s Roles, Rights and Responsibilities
- Through Thaitrade.com, DITP provides an electronic web-based platform for exchanging information and concluding sale and purchase transactions of products and services online between buyers and suppliers. Thaitrade.com reserves the right to limit certain features and functions of the platform to prescribed Users.
- Neither DITP nor Thaitrade.com represents the seller or the buyer in specific transactions whether or not such transactions are made on or via Thaitrade.com. Thaitrade.com does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on Thaitrade.com or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase.
- DITP is not responsible for the conduct of any User's activities on Thaitrade.com, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User's conduct.
- DITP reserves the right to terminate the account of a User upon any single infringement of the rights of others in conjunction with use of the Thaitrade.com services, or if DITP believes that User's conduct is harmful to the interests of DITP, Thaitrade.com, or other users, or for any other reason in DITP's sole discretion, with or without cause.
- DITP may amend this Agreement at any time by posting the amended and restated Agreement on Thaitrade.com. The amended and restated Agreement shall be effective immediately upon posting. Posting by Thaitrade.com of the amended and restated Agreement and your continued use of Thaitrade.com shall be deemed to be acceptance of the amended terms. This Agreement may not otherwise be modified, except in writing by an authorized officer of DITP
- DITP reserves the right in its sole discretion to remove any material displayed on Thaitrade.com which it reasonably believes is unlawful, could subject DITP to liability, violates this Agreement or is otherwise found inappropriate in DITP’s opinion.
- DITP reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. DITP may disclose the User's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and Thaitrade.com shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Thaitrade.com for such disclosure. User agrees that Thaitrade.com shall have no liability to User, including no liability for consequential or any other damages, in the event DITP takes any of the actions mentioned in this Section, and that User agrees to bear the risk that DITP may take such actions.
- DITP is the sole owner or lawful licensee of all the rights to Thaitrade.com and the Thaitrade.com Content. Thaitrade.com and Thaitrade.com Content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in Thaitrade.com and Thaitrade.com Content shall remain with Thaitrade.com, its affiliates or licensors of the Thaitrade.com Content, as the case may be. All rights not otherwise claimed under this Agreement or by Thaitrade.com are hereby reserved.
- DITP may refuse registration and deny the issuance of an Account and/or Email Account and associated User ID and Password to any User for whatever reason.
- Either DITP or Thaitrade.com makes no representations or warranties about the validity, accuracy, correctness of any information provided on or through Thaitrade.com
- Either DITP or Thaitrade.com makes no representations or warranties of any kind of concerning any product or service offered or displayed on Thaitrade.com
- Neither DITP nor Thaitrade.com represents or guarantees that the manufacturer, import, export, distribution, offer, display, purchase, sales and/or use of products or services offered or displayed on the Thaitrade.com does not violate any third party rights.
- Under no circumstances shall Thaitrade.com be held liable for an delay or failure or disruption of the content or services delivered through Thaitrade.com resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
- DITP shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort or otherwise or any other damages resulting from any of the following:
- Any defect in goods, samples, data, information or services purchased or obtained from a User or a third-party service provider through Thaitrade.com;
- The use or the inability to use Thaitrade.com;
- Violation of Third Party Rights or claims or demands that Users' manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on Thaitrade.com may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
- Unauthorized access by third parties to data or private information of any User;
- Statements or conduct of any User of Thaitrade.com;
- Any matters relating to Thaitrade.com’services however arising, including negligence.
- No business relationship is created between any User and Thaitrade.com, DITP, directors, officers or employees by virtue of display of any of the User's information on Thaitrade.com.
- Thaitrade.com and the User are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
- If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
- DITP’s failure to enforce any right or failure to act with respect to any breach by a User under this Agreement will not waive that right nor waives Thaitrade.com's right to act with respect with subsequent or similar breaches.
- DITP shall have the right to assign this Agreement (including all of its rights, titles, benefits, interests, and obligations and duties in this Agreement and in any agreement relating to any person or entity (including any affiliates of Thaitrade.com). The User may not assign, in whole or part, this Agreement to any person or entity.
- This Agreement shall be governed by the laws of The Kingdom of Thailand without regard to its conflict of law provisions. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of Thailand.
- If there is any conflict between the English version and another language version of this Agreement, the English language version shall prevail.
- All notices or demands to or upon Thaitrade.com shall be effective if in writing and shall be duly made when sent to Department of Export Promotion, Ministry of Commerce, 44/100 Nonthaburi 1 Road, Bang Kra Sor, Nonthaburi 11000, THAILAND Tel: +66 (0)2-5474270-4 , 4280,Fax: +66 (0) 2-5474266
- All notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to Thaitrade.com, or by posting such notice or demand on an area of Thaitrade.com that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when
- Thaitrade.com is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or
- Immediately upon Thaitrade.com's posting such notice on an area of Thaitrade.com that is publicly accessible without charge.