PRIVACY POLICY

PRIVACY POLICY

Terms and Conditions for Online Platform

EMDISTRICT.COM

Published on 10 October 2024

EM DISTRICT is pleased to offer you a new experience by browsing, using, and sharing your perspectives and/or experiences with EM DISTRICT through www.EMDISTRICT.com (hereinafter referred to as “Platform”).

For your own interest, please thoroughly learn and understand your rights and obligations in connection with the use of Platform, M Card Membership, Privacy Policy, namely, (i) Terms and Conditions for the use of Platform at https://emdistrict.com/terms/, (ii) Terms and Conditions of
M Card Member at www.mcardmall.com, and (iii) Privacy Policy at https://emdistrict.com/policy/.

PART I

Terms and Conditions – Use of Platform

  1. GENERAL PROVISION
    1. By browsing and/or using any Services through the Platform and/or registering User Account and clicking “accept”, you are deemed to have agreed and accepted to comply with Terms and Conditions for the use of Platform and relevant terms and conditions (hereinafter collectively referred to as “Terms of Use”) and Privacy Policy (“Privacy Policy”) including other relevant terms and conditions, and policies contained in the Platform. Thus, for your own interest, you are required to thoroughly learn the terms and policies before using services.
    1. EM DISTRICT may amend or modify this Terms of Use and relevant terms and conditions from time to time without prior notice to you. The amendment or modification shall be published on this Platform or relevant platform, and you may or may not accept such amended or modified Terms of Use, and relevant terms and conditions. However, if you continue browsing and/or using any Services through the Platform, it is deemed that you have fully agreed and accepted to comply with such amended or modified Terms of Use and relevant terms and conditions.
    1. You acknowledge and agree that, by using the services provided by EM DISTRICT, whether by browsing the Platform via website or application, and/or related services, you are required to comply with laws, rules and other related regulations.
    1. This Terms of Use is made in both Thai and English, if there are discrepancies between the English and Thai versions, the Thai version shall prevail.
    1. This Terms of Use shall be governed by and construed in accordance with Thai laws without regard to principles of conflicts of law. You hereby consent to the exclusive jurisdiction of the Court of Thailand in respect of any disputes arising in connection with the Platform, or any relevant terms and conditions, policies, or any matter related to or in connection therewith.
  1. DEFINITIONS
    1. “User” means Natural person or juristic person who browses, or use any services through the Platform;
    1. “Platform” means Website or Application providing services under management of
      EM DISTRICT;
    1. “Website” means a website providing services under management of EM DISTRICT, e.g. www.EM DISTRICT.com, or under any other domain names;
    1. “Application” means application on mobile, or other electronic devices providing services under management of EM DISTRICT, e.g. EMDISTRICT or under any other names; and
    1. “Business Day” means Monday to Friday which is not public holiday.
  1. USE OF PLATFORM
    1. Scope of Services
      1. EM DISTRICT is a service provider of Platform, namely, www. EMDISTRICT.com, for browsing and providing services through Platform within service area designated by the Company (hereinafter collectively referred to the “Online Shopping Services” or the “Services”).
      1. Services are only available to User who is fully 12 years of age or above.
    1. Prohibited Actions

You agree not to do the following actions, and accept that EM DISTRICT is entitled to immediately suspend the Services, or suspend or terminate your User account when you are in breach of these conditions:

      1. interfere or disable any security-related features of the Platform, or features that prevent or restrict use or copying of the content accessible via the Platform;
      1. fake or use personal data or identity of other person, or information of any entity without authorization for accessing or using the Services, including misrepresentation that you are acting on behalf of an individual, entity or organization, or provide false information about User account;
      1. use the Platform to upload, post, send, or transmit or otherwise make available any spam, junk mail, chain letters, or any other software which would harm the Platform;
      1. upload any data into the Platform such as document, image, photo, video, or software that you know or should know to have a virus or other things with similar nature, or act in any way that interfere or damage the Platform, or mobile devices of other Users, or affect other Users’ use of the Platform;
      1. use the Platform for any illegal purpose, or any purposes which may lead to unlawful action, or infringement of Intellectual Property, whether having been registered or not, or other rights of EM DISTRICT or third party under the law of Thailand or other countries;
      1. modify, interfere with, intercept, disrupt, hack or interrupt the use of the Platform and/or other Users or any action that obstructs other Users;
      1. collect any data from the Platform in violation of this Terms of Use or in the absence of prior permission from EM DISTRICT;
      1. upload, provide, or promote any content that is harmful, immoral, contrary to public order, intimidating, obscene, deceitful, sneaky, shocking, offensive, politically concerned or motivated, derogatory to image of EM DISTRICT, or prohibited by the laws;
      1. upload or provide any false content or comment towards other person, or personal data, confidential information, or content which is defamatory, sneaky, threatening to harm others, including shareholders, executives, and personnel of EM DISTRICT;
      1. present advertising messages or content, or public relations content with the intent to encourage a purchase;
      1. use the Platform other than the use in accordance with the usage policy which is accepted by the internet network according to international standards.
  1. INTELLECTUAL PROPERTY
    1. EM DISTRICT is the owner of copyrights, patents, trademarks, service marks, marks, tradenames, business names, domain names, logos, signs, and other contents contained on the Platform, including other rights which are identical or similar to those rights, e.g., photos, graphic works, emblems, layout of Platform and all wording (“Intellectual Property”), whether currently enforceable or in the future, whether such rights having been registered or may be registrable, including registration application and the rights to apply for registration and renewals and extensions thereof, both in Thailand and overseas.
    1. Unless having obtained prior written consent from EM DISTRICT, you are strictly prohibited to use, reproduce, display, publish, modify, download and store in the data recovery system, disassemble, or change Intellectual Property of EM DISTRICT, whether directly or applying with other works, including but not limited to any modification of product photos on the Platform.
  1. LINKAGE WITH OTHER PLATFORMS
    1. EM DISTRICT may link certain contents with other websites and/or applications on the internet operated by third party which is not under the control EM DISTRICT whereby
      EM DISTRICT shall not be liable for any errors, damages or inaccuracies in any circumstance including any document or information referred to therein as a result of accessing and using those websites and/or applications. In this regard, you agree that accessing and using those websites and/or applications through the linked contents are entirely at your own risk.
    1. Any linkage on the Platform is not intended for endorsement or recommendation by
      EM DISTRICT and does not mean that EM DISTRICT is associated with those linked websites and/or applications. Neither EM DISTRICT shall be responsible for the content of the websites and/or applications linked to the Platform, nor any damages arising out of such linkage in any circumstance.
    1. If you share any content to other platforms, you are required to review the terms and conditions of other websites and/or applications to which you wish to share content, which may prohibit you from sharing certain content on the Platform to such other websites and/or applications.
    1. You are not entitled to any advertising-related fees and/or commissions, or any other information used in the advertisement for products and/or services of EM DISTRICT, or those of third-party vendors on the Platform.
  1. REPRESENTATIONS AND WARRANTIES

EM DISTRICT will investigate, monitor and carry out various activities in order to ensure that the Services of Platform will be accurate and continuously available. However, EM DISTRICT makes no warranty in this respect, and accordingly, shall not be liable for any errors, omissions or technical problems, or any malfunctions that may occur during the use of Platform in any circumstance. You acknowledge and agree that:

    1. Provision of the Services is subject to this Terms of Use and on “as-is” basis of the Platform. The description or image of products on Platform is presented as accurate as possible, however, EM DISTRICT cannot warrant that the description or image of products on Platform will be error-free.
    1. EM DISTRICT makes no warranty that the functions of Platform shall be uninterrupted, error-free, defect-free, or virus-free.
    1. EM DISTRICT makes no express or implied warranty on the Platform in any circumstance, including for any accuracy, suitability, usability, and completeness of any information displayed on the Platform. This includes no liability for information or facts posted on the Platform by business partners, or external service providers, or any other sponsors.
    1. Any advice or information received from EM DISTRICT, shareholders, directors, employees and representatives of EM DISTRICT, whether verbally or in writing, does not constitute a warranty of the Services and related services provided by EM DISTRICT.
  1. INDEMNITY

If you are in breach of this Terms of Use and causes EM DISTRICT, shareholders, directors, employees or executives of EM DISTRICT or other person damaged, either directly or indirectly, you agree to be responsible for any damages and expenses incurred to
EM DISTRICT, shareholders, directors, employees or executives of EM DISTRICT or other person who has suffered such damage.

  1. LIMITATION OF LIABILITY
    1. EM DISTRICT shall in no event be liable for any damage, whether direct or indirect, arising from the use of the Services, or any loss of income resulting from your actions, your agent or any person related to you.
    1. In no circumstance EM DISTRICT shall be liable for any indirect damages, or consequential damages, or special damages, or the loss of your income.
    1. EM DISTRICT shall in no event be liable for any damage arising from failure of function, inability to access, delay in access, error, omission, interference, virus, software problem, or hardware problem (including but not limited to loss of data, or connection problems), theft, destruction, or change of the Platform, whether caused by terrorist, negligence, or any action both direct or indirect from access to Platform, use of Platform, or download, or disseminate information, text, images or other things, or bringing information to, or from the Platform.
    1. The information provided on the Platform is for reference only. EM DISTRICT shall not be liable for any damage resulting from the use of the Services, or by referring to the information displayed on the Platform, or connected to the Platform and EM DISTRICT shall not be responsible for any errors, inaccuracy, or incomplete of all content displayed on the Platform. This includes, but is not limited to, information about ownership, quality, usability, suitability for purpose, location, video, voice message, data, text, images, programs used on the computer graphics displayed on the Platform.
  1. MISCELLANEOUS
    1. Assignment

EM DISTRICT reserves the rights to delegate other persons to perform various actions in relation to the Services on its behalf, and to assign rights and/or obligations, in whole or in part, in connection with this Terms of Use to affiliates or third party without prior notice or having to obtain your prior consent.

    1. Conflict

In case there is any conflict between any other terms and conditions or any policy with this Terms of Use, you are required to adhere to this Terms of Use in the first place, unless
EM DISTRICT has directed otherwise, and EM DISTRICT’s discretion in this respect shall be final.

    1. Waiver

EM DISTRICT’s failure to exercise any rights or remedies shall not constitute a waiver of such rights or remedies under this Terms of Use or remedies or exercising other rights under the laws unless such waiver is made in writing and signed by an authorized person of
EM DISTRICT.

    1. Severability

In the event that any part of this Terms of Use is incomplete, void, lawfully unenforceable, or illegal, the remaining terms and conditions shall remain in full force and effect.

  1. CONTACT CHANNEL

If you need help, or wish to cancel User Account, or to notify your request, recommendations about the Services, please contact Customer Service Center at 0-2269-1000 every day during business hours between 10.00 AM. – 06.00 PM.

PART II

Privacy Policy

Published on 22 March 2021

EM DISTRICT is a retail business operator in Thailand that adheres to ethical business conducts and compliance with applicable legal standpoint. EM DISTRICT is aware of the importance of the protection of your Personal Data. Therefore, EM DISTRICT hereby announces this Privacy Policy (“Policy”) to prescribe the direction and processes EM DISTRICT undertakes pertaining to your Personal Data, for instance, to collect, retain, use or disclose such data with high standard and strict processes in order to safeguard your Personal Data from unauthorized access, use, modification or disclosure, and to assure that such processes shall uphold your rights under the Personal Data Protection Act B.E. 2562 (“PDPA”).

EM DISTRICT suggests that you thoroughly read this Privacy Policy prior to giving Personal Data to EM DISTRICT including to understand your rights and protection under PDPA at https://emdistrict.com/policy/.

 

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