1. Definitions & Interpretation
2. General use of the Services and/or access of the Platform
- Guidelines to the use of the Platform and/or the Services: You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the use of the Services and/or access to the Platform, as well as any amendments to the aforementioned, issued by us, from time to time. We reserve the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.
- Restricted activities: You agree and undertake NOT to:
- impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
- use the Platform or Services for illegal purposes;
- attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Platform or Services;
- post, promote or transmit through the Platform or Services any Prohibited Materials;
- interfere with another’s utilization and enjoyment of the Platform or Services;
- use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Platform’s data or damage or interfere with the operation of another Customer’s computer or mobile device or the Platform or the Services; and
- use the Platform or the Services other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws.
- create and/or use more than one Customer’s and/or any DSM user’s account on the Platform and/or the Services.
- Availability of the Platform and the Services: We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.
- Right to monitor content: We reserve the right, at its sole discretion, but shall not be obliged to:
- monitor, screen or otherwise control any activity, content or material on the Platform and/or through the Services. We may, in our sole and absolute discretion, investigate any violation of the terms and conditions contained herein and may take any action it deems appropriate;
- prevent or restrict access of any Customer to the Platform and/or the Services;
- report any activity we suspect to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or
- to request any information and data from you in connection with your use of the Services and/or access of the Platform at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.
- deactivate, cancel, delete, ban, prevent and restrict any access to the Platform and/or the Service of and by any DSM account, Customer and/or anyone whether permanently or temporarily and without giving any reason or prior notice.
3. Use of the Services
- Restrictions: Use of the Services is limited to the authorized Customers who are of legal age and have the legal capacity to enter into and form contracts under any applicable law. The Customers who have breached or are in breach of the terms and conditions contained herein and the Customers who have been permanently or temporarily suspended from using any of the Services may not use the Services even if they satisfy the requirements of this Clause.
- to access and/or use the Services only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to the Services in good faith; and
- to ensure that any information or data you post or cause to appear on the Platform in connection with the Services is accurate and not violate any applicable law. You also agree to take sole responsibility for such information and data.
- Product description: While we endeavour to provide an accurate description of the Products, we do not warrant that such description is accurate, current or free from error.
- Prices of Products: All prices are subject to taxes, unless explicitly stated otherwise. We reserve the right to amend the prices at any time without giving any reason or prior notice.
4. Intellectual property
- Ownership: The Intellectual Property in and to the Platform and the Products are owned, licensed to or controlled by us, our licensors or our service providers. We reserve the right to enforce the right of the Intellectual Property to the fullest extent of the law.
- Restricted use: No part or parts of the Platform, or any of the Products may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any server, system or equipment without our prior written permission or that of the relevant copyright owners. Subject to Clause 5, permission will only be granted to you to download, print or use the Products for personal and non-commercial uses, provided that you do not modify the Products and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Products.
5. Our limitation of responsibility and liability
- No representations or warranties: The Services, the Platform and the Products are provided on an “as is” and “as available” basis. All data and/or information contained in the Platform, the Services or the Products are provided for informational purposes only. No representations or warranties of any kind, implied, express or statutory, including the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, are given in conjunction with the Platform, the Services or the Products. Without prejudice to the generality of the foregoing, we do not warrant:
- the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the Platform, the Services or the Products ;
- that the Platform, the Services or that any of the Products will be provided uninterrupted, secure or free from errors or omissions, or that any identified defect will be corrected;
- that the Platform, the Services or the Products are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros; and
- the security of any information transmitted by you or to you through the Platform or the Services, and you accept the risk that any information transmitted or received through the Services or the Platform may be accessed by unauthorized third parties and/or disclosed by us or our officers, employees or agents to third parties purporting to be you or purporting to act under your authority. Transmissions over the Internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet.
- Exclusion of liability: DSM shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:
- any access, use and/or inability to use the Platform or the Services;
- reliance on any data or information made available through the Platform and/or through the Services. You should not act on such data or information without first independently verifying its contents;
- any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and
- any use of or access to any other website or webpage linked to the Platform, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.
- At your own risk: Any risk of misunderstanding, error, damage, expense or losses resulting from the use of the Platform is entirely at your own risk and we shall not be liable therefor.
6. Hyperlinks, alerts and advertising
- Hyperlinks: For your convenience, we may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties. Such linked websites or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.
- Advertising: We may attach banners, java applets and/or such other materials to the Platform for the purposes of advertising our or our Third Party Vendors’ products and/or services. For the avoidance of doubt, you shall not be entitled to receive any payment, fee and/or commission in respect of any such advertising or other promotional materials.
7. Your submissions and information
- Submissions by you: You grant us a non-exclusive license to use the materials or information that you submit to the Platform and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”). When you post comments or reviews to the Platform, you also grant us the right to use the name that you submit or your Username in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, publish, remove or edit your Submissions.
- Consent to receive e-mails: You consent to and authorize the use by us of any information provided by you (including Personal Data) for the purposes of sending informational and promotional e-mails to you. Your agreement to the provisions of this Clause shall constitute your consent for the purpose of the provisions of any spam control laws (whether in Thailand or elsewhere). You may subsequently opt out of receiving promotional e-mails by clicking on the appropriate hyperlink in any promotional e-mail.
- Privacy Terms: You acknowledge that you have read and agree to the Privacy Terms and consent to our collection, use and disclosure of your Personal Data for the purposes as set out in the Privacy Terms.
- Notices from us: All notices or other communications given to you if:
- communicated through any print or electronic media as we may select will be deemed to be notified to you on the date of publication or broadcast; or
- sent by post or left at your last known address will be deemed to be received by you on the day following such posting or on the day when it was so left.
- Notices from you: You may only give notice to us in writing sent to our designated address or e-mail address at email@example.com and, and we shall be deemed to have received such notice only upon receipt. While we endeavour to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.
- Other modes: We may from time to time designate other acceptable modes of giving notices (including but not limited to e-mail or other forms of electronic communication) and the time or event by which such notice shall be deemed given.
- Injunctive relief: We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.
- Correction of errors: Any typographical, clerical or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part.
- Binding and conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by us or our service providers relating to or in connection with the Platform and the Services shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.
- Sub-contracting and delegation: We reserve the right to delegate or sub-contract the performance of any of our functions in connection with the Platform and/or Services and reserve the right to use any service providers, subcontractors and/or agents on such terms as we deem appropriate.
Definitions and Interpretation
- “Intellectual Property” means all copyright, patents, utility innovations, trademarks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.
- DSM shall refer to DSM Nutritional Product Australia Pty Ltd, a company registered in Australia with a office at 9 Moorebank Avenue, Moorebank NSW 2170 Australia.
- “Personal Data” means data, whether true or not, that can be used to identify, contact or locate you. Personal Data can include your name, e-mail address, billing address, shipping address, phone number and credit card information. Personal Data shall be deemed to include any data that you have provided to us when placing an Order, regardless of whether you have an account with us.
- “Platform” means (a) both the web and mobile versions of the website operated and/or owned by DSM which is presently located at www.fortaro.com; and (b) the mobile applications made available from time to time by DSM, including the iOS and Android versions.
- “Product” means a product (including any installment of the product or any parts thereof) available for sale to Customers on the Platform.
- “Prohibited Material” means any information, graphics, photographs, data and/or any other material that:
- contains any computer virus or other invasive or damaging code, program or macro;
- infringes any third-party Intellectual Property or any other proprietary rights;
- is defamatory, libelous or threatening;
- is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful or otherwise illegal under the applicable law; and/or
- is or may be construed as offensive and/or otherwise objectionable, in our sole opinion.
- “Services” means services, information, functions, offer, sale and supply of the Product made available by us at the Platform.
- “Trademarks” means the trademarks, service marks, trade names and logos used and displayed on the Platform, whether registered or unregistered, and owned by DSM or any third party.