A. User Roles, Rights and Responsibilities

1. User agrees to (a) provide Thaitrade.com with true, accurate, current and complete information to be displayed on Thaitrade.com and (b) promptly amend all information to keep it true, accurate, current and complete.
2. 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.
3. After registering with Thaitrade.com, User will be given with User ID, password and space to store User’s digital data (referred to as the “Account”). The delivery of User ID and password will be as specified in the Manual. 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 Agreement.
4. 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 Thaitrade.com Content for any purpose not expressly permitted in this Agreement is prohibited.
5. User will not do any act including displaying materials, things or otherwise that may infringe the intellectual property rights or other legitimate rights of others in any way on Thaitrade.com or via Thaitrade.com services.
6. 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 any person whose name or contact information is obtained from or provided by Thaitrade.com:
   1. Fraudulent information or fraudulent offers.
   2. 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.
   3. Information that promotes illegal activities.
   4. Information that is defamatory, libellous, unlawfully threatening or unlawfully harassing.
   5. Pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors.
   6. 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.
   7. Information that links directly or indirectly to, or includes descriptions of, goods or services or other materials that violate any law or regulation or are prohibited under this Agreement;
   8. Content that creates any liability for DITP.
7. 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.
8. User should be aware that there might be risks of dealing with people acting fraudulently. Thaitrade.com cannot and does not confirm each User's purported identity. DITP encourages User to use due care and discretion to evaluate any person with whom User is dealing.
9. User agrees to comply with all the terms and conditions specified by any third parties service providers who render services in relation to the transactions and any other related activities and processes.
10. In the case where any User has a dispute with any party to a transaction, such User agrees to release and indemnify DITP and the third party who renders services relating to payment (and their agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, consequential or incidental damages) arising out of or in connection with such transaction.
11. 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.
12. User acknowledges that User information will be provided to any relevant third party service provider for the purpose of such third party performing its roles.
13. User agrees that DITP may use or disclose information relating to User as may be required by any relevant laws or regulations or authority or as may be deemed necessary and appropriate.
14. 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 onThaitrade.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.

D. DITP's Roles, Rights and Responsibilities

1. 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 Sellers.
2. DITP does not represent Seller or Buyer in specific transactions whether or not such transactions are made on or via Thaitrade.com. DITP who provides 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.
3. DITP is not responsible for the conduct of any User or any transactions made, nor for the conduct of any other third party service provider on Thaitrade.com, and shall not be liable to any person in connection with any damage suffered by such person as a result of such conduct.
4. 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.
5. 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 on Thaitrade.com by DITP of the amended and restated Agreement and User’s continued use of Thaitrade.com shall be deemed to be acceptance of the amended terms.
6. Any material to be displayed on Thaitrade.com shall be subject to approval of DITP.
7. DITP reserves the right in its sole discretion to remove any material displayed on Thaitrade.com which, in the opinion of DITP, is unlawful, in violation of this Agreement or inappropriate.
8. 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 agency or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and DITP shall not be liable for damages or results thereof and User agrees not to bring any action or claim against DITP for such disclosure. User agrees that DITP 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.
9. 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 DITP, its affiliates or licensors of the Thaitrade.com Content, as the case may be.
10. DITP may refuse registration and deny the issuance of an Account and associated User ID and Password to any User for whatever reason.
11. DITP makes no representations or warranties about the validity, accuracy, correctness of any information provided on or through Thaitrade.com
12. DITP makes no representations or warranties of any kind concerning any product or service offered or displayed on Thaitrade.com
13. DITP makes no representation or warranty that the manufacture, 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.
14. Under no circumstances shall DITP be held liable for any delay or failure or disruption of the services or content delivered through Thaitrade.com resulting directly or indirectly from acts of nature, forces majeure 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.
15. DITP shall not be liable for any loss or damage that may be incurred or suffered by any User resulting from any of the followings:
    1. The use or the inability to use Thaitrade.com;
    2. Delivery or non-delivery, delay of delivery by any third-party carrier;
    3. Default or delay of payment;
    4. Any defect in goods, samples, data, information or services purchased or obtained from a User or a third-party service provider through Thaitrade.com;
    5. Violation of third party rights or claims or demands that Users' manufacture, import, 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;
    6. Unauthorized access by any third party to data or private information of any User or any data which is part of Thaitrade.com Content;
    7. Statements or conduct of any User of Thaitrade.com;
    8. Any matters relating to Thaitrade.com services however arising, including negligence.

General

1. No business relationship is created between any User and DITP, directors, officers or employees by virtue of display of any of the User's information on Thaitrade.com.
2. DITP 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.
3. 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 waive DITP’s right to act with respect to subsequent or similar breaches.
4. DITP shall have the right to assign this Agreement (including all of its rights, titles, benefits, interests, and obligations and duties under this Agreement) to any person or entity. The User may not assign, in whole or part, this Agreement to any person or entity.
5. 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 non-exclusive jurisdiction of the courts of Thailand.

Notices

1. All notices or demands to or upon DITP shall be effective if in writing and shall be duly made when sent to Department of International Trade Promotion, Ministry of Commerce, Thailand, 563 Nonthaburi  Road, Bangkrasor, Nonthaburi 11000, Thailand  Tel. +66 2507 7999, e-mail: tiditp@ditp.go.th.
2. 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 DITP, 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:
   1. if and when DITP is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or
   2. Immediately upon DITP posting such notice on an area of Thaitrade.com that is publicly accessible without charge.