Terms and Conditions for Use of Service

Updated at: 25 October 2021

Welcome to TAGTHAi. Please read and fully understand the terms and conditions for use of this service before using any features of TAGTHAi. You agree to use the TAGTHAi service, and to be bound by and comply with the following terms and

1. Definitions

1.1 “Personal Data” refers to the personal data in accordance with the Personal Data Protection Act B.E. 2562 (2019), and notifications and regulations issued under this Act, as well as other related laws, both in effect and to be amended later on.

1.2 “Data Receiving Channel” refers to electronic mail or SMS or via other services/channels per details as you have agreed upon with us or specified on TAGTHAi.

1.3 “Sellers of Goods and/or Services” refers to participating sellers of goods and/or services.

1.4 “User ID” refers to the login name, username, email address, password, one-time password (OTP) and/or any other code related to use of any features of TAGTHAi, whatever name it is called by and whether it has been specified by TAGTHAi or by yourself.

1.5 “Reference Code” refers to QR Code, barcode and/or any other code issued by TAGTHAi for you to receive goods and/or services from a Seller of Goods and/or Services.

1.6 “We” refers to Thai Digital Platform Social Enterprise Co., Ltd.

1.7 “Device” refers to any device that is used with TAGTHAi, for example, mobile phone, computer or any other device.

1.8 “Pass” refers to a virtual card used for joining activities in Thailand such as attraction pass, transportation pass, pass for exchange/purchase of goods and/or services issued by restaurants or spas, and/or for receiving other benefits (if any) of participating Sellers of Goods and/or Services.

1.9 “TAGTHAi” refers to the application, website or platform that is called TAGTHAi or by any other name that may change as deemed appropriate

2. Scope of Use of TAGTHAi Service

2.1 You may use TAGTHAi to:

(1) Search for information related to tourist destinations in Thailand, prices, service charges, fees and other related information, such as accommodations and air tickets, for use in planning your trips in Thailand

(2) Purchase Pass under the package and promotion of your interest and use Pass by showing reference code to Sellers of Goods and/or Services to scan, or specifying the reference code on the Pass per the method jointly determined by TDP and Sellers of Goods and/or Services.

(3) Be a channel for using services and/or accessing platforms of other service providers which are business partners, or which are linked to TAGTHAi, such as providers of accommodations or air ticket booking.

(4) Be a channel to facilitate contact with agencies that provide assistance such as tourist police and embassies, or a provider of application or platform under the name Police I Lert u, etc.

(5) Use any other services that TAGTHAi may offer in the future.

For use of services and/or platforms of other service providers linked with TAGTHAi, you agree that TAGTHAi is only a channel to use those services and/or a channel to access platforms of those other service providers; the rights and duties, as well as payments, shall be direct transactions between you and the service providers and/or those other platform providers. Therefore, you should thoroughly read and understand the terms and conditions for use of the services and/or platforms of other service providers before using the services or deciding to buy goods and/or services.

3. Creation of User Account

3.1 After creating a user account, you will be able to use features on TAGTHAi or of other service providers that link with TAGTHAi as well as log your travel data.

3.2 To create a user account, you must provide your data as required by TAGTHAi or link your data with other platforms available, undertake operations per the procedures as required by us, and specify a User ID of your user account.

3.3 If there is a change to any data in your user account, you may revise it on TAGTHAi per our established guidelines and methods.

3.4 You agree to keep your User ID safe and confidential. Disclosure of your User ID shall be deemed as a breach of these terms and conditions. In case of any damages caused by another person’s use of your User ID, you shall be liable for such damages before we proceed with freezing or suspension of your User ID. You may freeze or suspend the use of your User ID via customerservice@tagthai.com.

3.5 You agree and acknowledge that any action on TAGTHAi, which is performed through the use of your User ID, shall be regarded as an action performed by yourself; you also agree that your electronic signature given shall be regarded as an evidence that you are bound by such an action in all respects from the time of transaction confirmation.

4. User’s Representation, Rights and Duties

You agree to provide the representation and to act as required, as follows:

4.1 You are at least 20 years old and fully competent.

4.2 You certify that all data you have provided to us is correct, true, up-to-date and complete, and shall not incur damage to a third party, and that you are legally competent to provide such data for us.

4.3 Any phrases, pictures, symbols and/or signs displayed on TAGTHAi, such as profile pictures, comments and reviews, shall have the following characteristics:

(1) Not being contradictory to related laws;

(2) Not violating intellectual property rights or personal rights of other persons;

(3) Using polite and proper expressions, which do not cause any rifts or create political/religious/cultural issues;

(4) Not being contrary to public order.

4.4 All data, content, copyrights, trademarks, logos, service marks and trade names on TAGTHAi are our intellectual property. You shall not conduct any act that violates our intellectual properties, and shall not modify or delete the logo or mark that is displayed and represents the ownership of the data.

4.5 You agree that it is your duty and responsibility to verify the correctness of transactions that you have conducted on TAGTHAi, before confirming each transaction.

4.6 You agree to comply with laws, rules, regulations and guidelines of related agencies, both in effect and to be enforced in the future. In case of violation or non-compliance with laws, rules, regulations and guidelines of related agencies, causing us to make payments of fines, indemnities and/or expenses, you agree to be responsible for paying such fines, indemnities and/or expenses to us immediately.

5. Disclaimers

5.1 The data of pass, goods and/or services that we present on TAGTHAi is based on the data obtained from the Sellers of Goods and/or Services, and/or other service providers. Such persons shall be responsible for the data thereon. We will use our best efforts in improving the data on TAGTHAi to ensure the best services for you. However, the data on TAGTHAi may not be correct, complete, accurate or up-to-date. You should not make any decision based solely on the data provided on TAGTHAi.

5.2 TAGTHAi is a tool to assist you in travel planning in Thailand and serves as a channel for Sellers of Goods and/or Services to offer and sell their goods and/or services or offer other privileges to you only. We are not involved with any goods and/or services or privileges of those Sellers of Goods and/or Services. If any Sellers of Goods and/or Services are unable to sell goods and/or provide services per the notified conditions, or if you have any dispute related to goods and/or services or privileges of any Sellers of Goods and/or Services, you agree to proceed with the disputes or claims against those Sellers of Goods and/or Services directly.

5.3 Because this service is used via computer networks or electronic devices, we cannot guarantee that the service is safe from viruses, computer worms, Trojan Horses, spyware or malware, or anomalies in the computer system that may create delayed, interrupted or incomplete transactions on TAGTHAi. Therefore, you agree to accept risk that may be incurred to the computer system, media, communication tools or equipment and devices that are used for gaining access to TAGTHAi, as well as losses of data and any damages, both directly and indirectly. However, we will use our best efforts to maintain the security on TAGTHAi.

5.4 You agree and accept that we are not liable for any losses in case of: (1) No. 5.1 – 5.3; (2) errors, defects or delays of your devices; or (3) any other cases that are not caused by our error.

6. Privacy Policy

You agree to give consent to us to keep, compile and use your data for the purpose of service use on TAGTHAi, and/or assignment of others to operate on our behalf in support of service provision, such as tasks related to information technology, contact and coordination, and you agree to give consent to us to disclose such data to the assigned service providers, business partners or providers of data storage service, such as cloud computing, and to give consent to the recipients of data to keep, compile, use and disclose your data for the aforementioned purposes.

In this connection, we place importance on your personal data. You may check the details of your rights at the topic of Private Policy on TAGTHAi (http://www.tagthai.com/en/policy).

7. Modification or Change of Terms and Conditions

You agree and give consent to us that we are entitled to modify or change these terms and conditions as we deem appropriate. Notice of such modification or change shall be posted on TAGTHAi or via other channels as deemed appropriate.

8. Suspension/Termination of Service Provision/Effects of Service Termination

8.1 You agree and give consent to us that we are entitled to suspend and/or terminate this service provision, either in whole or in part, at any time with our prior notice. In the following cases, you agree and give consent to us that it shall be at our discretion to suspend and/or terminate this service provision, either in whole or in part, immediately as we deem appropriate, without prior notice, and we shall not be liable for any damages incurred from actions under this clause (if any):

(1) Any data, detail, representation, or confirmation that you have given is untrue or incorrect, or may cause substantial misunderstanding;

(2) You are in breach of your representation given to us or violate any of these terms and conditions;

(3) You have any incident that has occurred or may occur that we expect will affect your debt repayment capability, such as payment default with us or other creditors, or having filed for a civil case or bankruptcy case, or being under a criminal case, or being subject to the order of a public or government agency for freezing/seizure of assets, or death;

(4) There is a reasonable basis for believing that your service use may have unfavorable effects on us, or there is a risk that you will use the service for an unlawful purpose;

(5) We deem that there is a risk of damage because your device is modified or due to the mobile phone network or any other causes, such as unauthorized modification of the operating system/part to gain privileged control (jailbreak/root); this clause is aimed at preventing losses to you;

(6) We must suspend/terminate the service provision in accordance with laws, rules, regulations or instructions and/or requests for cooperation of a court of justice or legally competent parties or related agencies.

8.2 You may cancel this service use by notifying us via customerservice@tagthai.com or other channels specified by us, and conducting the subsequent actions per our established processes. The termination shall be fully effective when you receive the termination confirmation via your email address.

8.3 The service termination, whatever the cause may be, shall not terminate any obligations that you have not yet fulfilled per these terms and conditions until such obligations are completely fulfilled.

9. Other Stipulations

9.1 In case of any force majeure or other incidents preventing us from providing service per these terms and conditions, you agree that we may provide service or conduct other acts as deemed appropriate in order to fulfill our service provision under these terms and conditions. You also agree to fully cooperate with us to improve our service provision methods.

9.2 You may assign the rights and/or benefits and/or duties, either in whole or in part, per these terms and conditions, to any person only upon our prior consent.

9.3 Any delays or exemptions in exercising our rights under the laws or the terms and conditions shall not be regarded as our relinquishing such rights or as our giving to you consent to perform any act.

9.4 Any letter, notification or information sent by us to you via the Data Receiving Channel shall be deemed as having been sent to you properly, without consideration of whether you have actually received it or not. In case of inability to send due to change of the Data Receiving Channel that has not been notified to us, it shall be deemed that you have received and acknowledged such a letter, notification or information properly. In case of change in the Data Receiving Channel, you shall immediately notify us via the channels established by us.

9.5 Whenever any of these terms and conditions becomes void, illegitimate, invalid or unenforceable, the other remaining terms and conditions (as the case may be) shall remain legally valid and enforceable; they shall not be affected by voidability, illegitimacy, invalidity or unenforceability of those terms and conditions.

9.6 These terms and conditions shall be governed by and construed in accordance with Thai laws, and the court of competent jurisdiction in Thailand shall have exclusive jurisdiction in case of dispute under these terms and conditions.