(i) “Business Day” shall mean a day (not being a Saturday or Sunday) on which banks are generally open for general banking business in Thailand.
(ii) “Kokuyo Thailand” shall mean Kokuyo International (Thailand) Co., Ltd.
(iii) “Product” shall mean any Kokuyo Group product(s) or any other products available to you and/or a Subscriber for Subscription as displayed on the Site by Kokuyo Thailand which may be added or deleted from the Site, at its sole discretion, without prior notice.
(iv) “Subscriber” shall mean a person who subscribe to the Subscription service through the Site.
(v) “Subscription” shall mean a subscription service provided by Kokuyo Thailand in order to allow a Subscriber to rent the Product(s) through the Site.
(vi) “Subscription Fee” means the subscription fee of each Product payable by the Subscriber to Kokuyo Thailand, as set out on the Site and may be amended any time by Kokuyo Thailand without any reason or prior notice.
(vii) “T&Cs” shall mean the Terms of Service, Personal Information Protection Policy and the Terms of Subscription Service.
1. A Subscriber must be at least 20 (twenty) years old and have the legal capacity to enter into and form any contracts.
2. If you are below 20 (twenty) years old or do not have legal capacity to enter into contracts, you must first obtain:
(i) consent from your parent(s) or legal guardian(s);
(ii) your parent(s)’s or legal guardian(s)’s acceptance of the T&Cs;
(iii) parent(s)’s or legal guardian(s)’s agreement to take responsibility for (i) your actions, (ii) any charges associated with Subscription, and (iii) your acceptance and compliance with the T&Cs.
1. You may start the Subscription to the Product(s) on the Site via a Subscriber’s account with Kokuyo Thailand by placing the Product(s) into a cart and completing the Subscription form on the Site. Each Subscription is for each Product.
2. The Subscription is conditional upon Kokuyo Thailand’s acceptance at its sole discretion which will be informed to you by the Subscription confirmation. Each Subscription accepted by Kokuyo Thailand shall constitute a Subscription contract between the Subscriber and Kokuyo Thailand according to these Terms of Subscription Service. For the avoidance of doubt, the charge of the first payment, subject to Clause 6 paragraph two, does not mean the Subscription contract has been formed.
2. All Subscriptions will be deemed to be irrevocable and unconditional upon transmission through the Site and Kokuyo Thailand shall be entitled (but not obliged) to process for such Subscription and collect payment(s) without the Subscriber’s further consent and without any further notice to the Subscriber.
1. The Subscription term for all Subscription contracts is 1 (one ) month commencing from Kokuyo Thailand’s notification of Subscription confirmation to the Subscriber as per Clause 3 paragraph two above. The Subscriber agrees that each Subscription shall be automatically renewed on the same terms unless and until cancelled or terminated according to these Terms of Subscription Service.
2. In the event that the Subscription term is renewed up to 6 (six) months, the Subscriber shall allow Kokuyo Thailand or its designated person(s) to inspect, clean and/or perform any necessary actions for the maintenance of the subscribed Product(s). Kokuyo Thailand shall notify the Subscriber at least 3 (three) Business Days prior to such appointment.
1. The Subscription Fee of the Product(s) is listed on the Site and at the time at which your request for the Subscription is transmitted to Kokuyo Thailand.
2. The Subscription to each Product is subject to a minimum Subscription Fee of Baht 3,000 (three thousand Baht only). Such minimum Subscription Fee may be amended by Kokuyo Thailand at any time without giving any reason or notice.
3. The Subscription Fee includes the one-time delivery and pick-up service (to and from the Subscriber’s designated address subject to Clause 8 paragraph one).
4. All Subscription Fees are inclusive of VAT.
5. If the Subscriber are required by law to make any withholding tax, the relevant withholding tax certificate shall be delivered to Kokuyo Thailand without delay.
1. Subscriber shall make payment using any of the payment methods as prescribed by Kokuyo Thailand and shall authorize Kokuyo Thailand to charge the Subscription Fee and any other charges incurred as a result of the Subscription (if any) per the Subscriber’s selected payment method.
2. The Subscription Fee will be charged on a monthly basis per the Subscriber’s selected payment method throughout the Subscription term. The first payment will be charged immediately upon the completion of the Subscription form. The ongoing payments will be charged on the calendar day corresponding to the delivery day (for example, the Subscription is made on 1 July and the subscribed Product(s) is delivered on 5 July, the first payment will be charged on 1 July but the ongoing payments will be charged on every 5th (fifth) date of the month thereafter, starting from 5 August).
4. The payment method, billing information, or any issue relating to the payment can be amended by contacting Kokuyo Thailand via e-mail ([email protected]) from time to time and Subscriber is deemed to authorize Kokuyo Thailand to continue to charge per the updated payment method.
5. If the Subscriber would like to request for a refund, the Subscriber may send a request stating the reasons for such refund to Kokuyo Thailand via e-mail ([email protected]). All refunds are subject to Kokuyo Thailand’s sole discretion and conditional upon Kokuyo Thailand’s acceptance of a valid return of the subscribed Products. All refunds shall be made via original payment mechanism and to the person who made the original payment only. Kokuyo Thailand does not guarantee the timeliness of the refunds as the processing of a refund is subject to the respective banks’ and/or payment gateway service providers’ internal processing timeline. ç
1. The Subscriber may modify the Subscription by sending the request to Kokuyo Thailand ([email protected]) at least 3 (three) Business Days prior to the scheduled delivery or pick-up date.
2. In the event that such request is not made at least 3 (three) Business Days prior to the scheduled delivery or pick-up, the modification fee of Baht 500 (five hundred Baht only) will be applied.
1. Kokuyo Thailand provides the delivery and pick-up services of the subscribed Products to addresses in Bangkok and surrounding areas only.
2. The Subscriber may schedule for the preferred delivery and pick-up appointment (Monday to Saturday, excluding Sundays and public holidays). Kokuyo Thailand will endeavor to accommodate the Subscriber’s request and confirm the delivery or pick-up appointment in advance. Without any guarantee and subject to the Subscriber’s appointment, Kokuyo Thailand will endeavor to complete the delivery within 5 (five) Business Days following the completion of the Subscription form and relevant payments.
3. The delivery or pick-up appointment may be rescheduled by contacting Kokuyo Thailand at least 3 (three) Business Days prior to the scheduled date. Otherwise, a rescheduling fee may be charged.
4. Unless otherwise specified, any handling expenses incurred upon the Subscriber’s request will be charged at Baht 500 (five hundred Baht only) per subscribed Product/time.
5. The Subscriber or the Subscriber’s designated person (acting on the Subscriber’s behalf and shall be deemed to be the Subscriber’s own actions) shall be at the delivery or pick-up address upon the scheduled delivery or pick-up. Upon the delivery, the Subscriber or the Subscriber’s designated person (acting on the Subscriber’s behalf and shall be deemed to be the Subscriber’s own actions) shall be required to sign the delivery document(s) handed by Kokuyo Thailand or its designated person(s) and the Subscriber shall be deemed to have received the subscribed Product(s) in a like-new condition unless any remark is clearly indicated in such delivery document(s).
1. Subject to Clause 7, the Subscriber may, during the Subscription term at any time after the delivery of the subscribed Product(s), upgrade or exchange the subscribed Product(s) for other Product(s) by sending the written request to Kokuyo Thailand via e-mail ([email protected]) at least 5 (five) Business Days in advance. A processing fee will be charged at Baht 500 (five hundred Baht only) per Product/time. The difference of the Subscription Fee will be collected immediately upon the date of the Subscriber’s request in case the Subscription Fee of exchanged Product(s) is higher than the current subscribed Product(s). For the avoidance of doubt, the Subscriber will not be entitled to any refund if the Subscription Fee of exchanged Product(s) is cheaper.
2. After the delivery of the subscribed Product(s), the Subscriber may submit a request for a return of the subscribed Product(s) to Kokuyo Thailand via e-mail ([email protected]). The subscribed Product(s) must be returned in the same condition it was delivered in (normal wear and tear excepted) and the refund is subject to Clause 6 paragraph five.
1. The Subscriber acknowledge and agree that the title in the subscribed Product(s) shall at all times remain the property of Kokuyo Thailand. The Subscriber shall have no right, title or interest in or to the subscribed Product(s) save for the right to use of the subscribed Product(s) subject to these Terms of Subscription Service.
2. The risk of loss, theft, damage or destruction of the subscribed Product(s) shall pass to the Subscriber upon the delivery, except for the risk of damage caused by the negligence of Kokuyo Thailand.
1. Kokuyo Thailand shall maintain, inspect, deeply clean, disinfect and refurbish the Product(s) in a like-new condition before delivering to the Subscriber. Kokuyo Thailand guarantees that the reparation for the Product(s) will be done with new official spare parts from Kokuyo Group.
2. Kokuyo Thailand shall undertake the maintenance for all normal wear and tear i.e. scratches, fading, dirt, smudges and/or loose parts or fabric arising out of the ordinary and suitable usage (to use only for the purposes for which it is designed).
1. The Subscriber shall hold the subscribed Product(s) as Kokuyo Thailand’s fiduciary agent and/or bailee as the case may be.
2. The Subscriber shall use the subscribed Product(s) according to its ordinary and suitable usage (to use only for the purposes for which it is designed) and keep the subscribed Product(s) in a suitable environment.
3. The subscribed Product(s) shall be kept at all times at the Subscriber’s designated delivery address and shall not move, relocate or attempt to move or relocate any part of the subscribed Product(s) to any other location without Kokuyo Thailand’s prior written consent. Kokuyo Thailand reserves the right to terminate the Subscription contract if such new address is outside service areas provided by Kokuyo Thailand.
4. The Subscriber shall not sub-lease, transfer, create or allow to be created of any lien or encumbrance on, or assign any rights or obligations under these Terms of Subscription Service to any third party without advance written consent of Kokuyo Thailand.
5. The Subscriber shall keep, maintain, look after and preserve, on a regular basis and at a Subscriber’s expenses, the subscribed Product(s) in a good working condition throughout the Subscription term and any renewals thereof.
6. Unless otherwise specified, a Subscriber shall be responsible for the loss of or all damage to the subscribed Product(s) arising from unsuitable or improper use, willful vandalization, negligence, abnormal working conditions, excessive load, and/or modification to the original condition of the subscribed Product(s).
7. Upon receiving reasonable written advance notice of at least 3 (three) Business Days from Kokuyo Thailand, the Subscriber shall allow Kokuyo Thailand or its designated person(s) to inspect the condition of and/or provide maintenance services on the subscribed Product(s).
8. The Subscriber shall not make alteration to the subscribed Product(s) and shall not remove any existing component(s) from the subscribed Product(s). The Subscriber shall also refrain from removing, altering, erasing, defacing or otherwise interfering with any identification number or mark which is adhesive to the subscribed Product(s).
9. The Subscriber shall keep Kokuyo Thailand fully informed of all material matters relating to the subscribed Product(s).
1. The return of the subscribed Product(s) and refund of the Subscription Fee are the Subscriber’s sole and exclusive remedies for non-conformity or defects of the subscribed Product(s).
2. Notwithstanding any other provisions of these T&Cs, Kokuyo Thailand’s maximum cumulative liability to the Subscriber or to any other parties for all losses and damages under, arising out of, or relation to each Subscription contract, tort (including negligence), by way of indemnity or otherwise, shall not exceed the sums that the Subscriber has paid to Kokuyo Thailand under such Subscription contract.
3. Kokuyo Thailand shall not be liable to the Subscriber, whether arising in contract, unlawful act (including negligence), by way of indemnity or otherwise, for any loss of profit, loss of revenue, loss of business, business interruption or indirect or consequential loss or damage, or damages for emotional distress, moral damages or any other immaterial loss or damage, which the Subscriber or any third party may suffer or incur resulting from or arising out of this Subscription contract.
1. A Subscriber may cancel the Subscription at any time by sending a request to Kokuyo Thailand via e-mail ([email protected]) subject to the following conditions:
(i) Unless Subscriber cancels the Subscription at least 5 (five) Business Days before the billing date, the Subscriber authorizes Kokuyo Thailand to charge the Subscription Fee for the next billing cycle to Subscriber’s selected payment method.
(ii) The Subscriber shall be obliged to pay the difference between the paid amount of the Subscription Fee of the subscribed Product(s) and a minimum Subscription Fee subject to Clause 5 paragraph two, which shall be charged immediately on the cancellation date (if any).
(iii) The Subscriber is able to continue using the subscribed Product(s) through the end of billing period and the subscribed Product(s) shall be returned to Kokuyo Thailand at the date and time accommodated by Kokuyo Thailand set out in Clauses 8 and 9.
(iv) For the avoidance of doubt, Kokuyo Thailand shall have the right not to refund any partial Subscription Fee which has been paid if Subscriber cancels the Subscription and wishes to return the subscribed Product(s) before the end of the billing period.
1. Without prejudice to the right under Clause 6 paragraph three, Kokuyo Thailand may terminate the Subscription contract with immediate effect by giving written notice to the Subscriber if:
(i) The Subscriber fails to comply with these Terms of Subscription Service and fails to rectify such failure within 7 (seven) Business Days after the date of receipt of Kokuyo Thailand’s written notice stating such failure;
(ii) proceedings in bankruptcy, corporate reorganization, or any other similar procedure is initiated by or against the Subscriber, or a receiver is appointed for the Subscriber;
(iii) Tliquidation proceeding is commenced by or against the Subscriber;
(iv) the Subscriber becomes unable to pay its debts generally as they become due;
(v) the Subscriber holds a meeting of creditors or makes a general assignment for the benefit of its creditors;
(vi) a creditor or encumbrance of the Subscriber attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of the Subscriber ‘s assets and such attachment or process is not discharged within 10 (ten) Business Days;
(vii) all or a material part of the business or assets of the Subscriber have been, or is threatened to be, attached or seized;
(viii) there is a material adverse change to the financial condition of the Subscriber to the extent that, at Kokuyo Thailand’s sole discretion, the Subscriber will not be able to perform its obligations hereunder; or
(ix) in the case where the Subscriber is an individual, there is a death or insanity of the Subscriber or the Subscriber is not found out.
2. Upon termination in accordance with Clause 15 paragraph one, the Subscriber shall not be entitled to a refund of any paid amounts and the subscribed Product(s) shall be returned to Kokuyo Thailand at the date and time scheduled by Kokuyo Thailand.
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