Groupon

Your City at the Best Prices

Rediscover Your City Every Day
and Save up to 70%*
Please insert a valid e-mail address.
Already registered?
*for local and national offers
x

Imprint

Thai Groupon Ltd.
75/12 OCEAN TOWER 2 15th FLOOR (15A) SUKHUMVIT 21 SOI 3
KLONGTOEY, WATTANA BANGKOK 10110


P: +66 (0)828 999 091
E: damian@mygroupon.co.th

VAT number: 3034389943
Reg number: 0105554032647

Terms and Conditions

1. DEFINITIONS


In this Agreement, we use various defined terms. You will know they are defined because they begin with a capital letter. This is what they mean:
1.1"Groupon coupon" means a coupon which is subject to terms and conditions, which, if purchased by you, allows you (i.e. the purchaser of it but not anyone else) to redeem it at a particular Merchant in exchange for Products offered by that Merchant.
1.2"Merchant" means a third party seller of goods and services for which a Groupon coupon can be redeemed.
1.3"Microsite" means an auxiliary website supplementary to our main website.
1.4"Purchase" means the purchase of a Groupon coupon.
1.5"Register" means "create an account on the Website" (and "Registration" means the action of creating an account).
1.6"Service" means all or any of the services provided by Thai Groupon Ltd. via the Website (or via other electronic or other communication from Thai Groupon Ltd.) including the information services, content and transaction capabilities on the Website (including the ability to make a Purchase).
1.7"Products" means goods and/or services offered by a particular Merchant which are described as part of a Groupon coupon.
1.8"Website" means the groupon.co.th website and any Microsite.

2. INTRODUCTION


2.1 You are reading a legal document which is the agreement between you, the Customer (whom we refer to as "you", "your" or the "Customer" in this document) and us. We are Thai Groupon Ltd. We are a company registered in Thailand with our physical office at 75/12 OCEAN TOWER 2 15th FLOOR (15A) SUKHUMVIT 21 SOI 3, KLONGTOEY, WATTANA BANGKOK 10110. Our company registration number is 0105554032647.
2.2 A Groupon coupon is a coupon for a particular good or service which is sold to members of the public at a reduced rate. We make Groupon coupons available to members of the public on behalf of the Merchants who provide the Products.


2.3 Please read this agreement carefully. By browsing, accessing or using this website or by using any facilities or services made available through it or by transacting through or on it, you are agreeing to the terms and conditions that appear below (all of which are called the "Agreement"). This Agreement is made between you and us.
2.4 We reserve the right to amend these terms and conditions at any time. All amendments to these terms and conditions will be posted on-line. You may terminate this Agreement by written notice to us (by post or by email at support@mygroupon.co.th) if you do not wish to be bound by such new terms and conditions. However, continued use of the Service or the Website or a Groupon coupon will be deemed to constitute acceptance of the new terms and conditions.
2.5 YOUR STATUTORY RIGHTS: As a consumer, nothing in this Agreement affects your non-excludable statutory rights.

3. GENERAL ISSUES ABOUT THIS WEBSITE AND THE SERVICE


3.1 Applicability of terms and conditions: Use of the Service and the Website and any Purchase are each subject to the terms and conditions set out in this Agreement.
3.2 Age: To use the Website and/or the Service (whether with or without registration) and to make any Purchase, you must be 18 years of age or over.
3.3 Place: The Website and the Service and any Purchase are directed solely at those who access the Website fromThailand. We make no representation that the Service (or any goods or services) are available or otherwise suitable for use outside of Thailand. If you choose to access the Website (or use the Service or make a Purchase) from locations outside Thailand, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.
3.4 SCOPE: The Website, Service and any Purchase are for your non-commercial, personal use only and must not be used for business purposes. For the avoidance of doubt, scraping of the Website (and hacking of the Website) is not allowed.
3.5 PREVENTION ON USE: We reserve the right to prevent you using the Website and the Service (or any part of them) and to prevent you from making any Purchase.
3.6 EQUIPMENT: The Service and use of the Website and the making of any Purchase does not include the provision of a computer or other necessary equipment to access the Website or the Service or making of any Purchase. To use the Website or Service or to make a Purchase, you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone costs, telecommunications costs or other costs that you may incur.

4. REGISTRATION AND ACCOUNTS


4.1 WHY TO REGISTER: You do not need to Register to use much of the functionality of the Website or to access much of the Service. However, you must Register in order to make a Purchase from the Website. This is so that we can provide you with easy access to print your orders, view your past purchases and modify your preferences. We reserve the right to decline a new Registration or to cancel an account at any time.
4.2 HOW TO REGISTER: To Register you need to supply us with your name, postcode, email address, payment details and possibly some other personal information. See our Privacy Policy for more details about this.
4.3 PASSWORDS: Once you finish Registration, we will allocate a password to you and your account. You must keep the password confidential and immediately notify us if any authorised third party becomes aware of that password or if there is any unauthorised use of your email address or any breach of security known to you. You agree that any person to whom your user name or password is disclosed is authorised to act as your agent for the purposes of using (and/or transacting via) the Service and Website. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.
4.4 VALID EMAIL ADDRESSES: All accounts must be registered with a valid personal email address that you access regularly, so that, among other things, moderation emails can be sent to you. Any accounts which have been registered with someone else's email address or with temporary email addresses may be closed without notice. We may require users to re-validate their accounts if we believe they have been using an invalid email address.
4.5 CLOSING ACCOUNTS: We reserve the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple registration accounts, or if a non-Thai user pretends to be a Thai user, or disrupts the Website or the Service in any way.
4.6 MULTIPLE LOGONS: If you use multiple logins for the purpose of disrupting a community or annoying other users you may have action taken against all of your accounts.

5. PURCHASE OF GROUPON COUPONS


5.1 NEED FOR REGISTRATION: We sell Groupon coupons via the Website that can be redeemed for Products from a Merchant. You must Register in order to make a Purchase from the Website.
5.2 EMAILS: As a condition of Purchase, we reserve the right to send you administrative and promotional emails. We may also send you information regarding your account activity and purchases, as well as updates about the Website and the Service and Groupon coupons as well as other promotional offers. (You can always opt-out of our promotional e-mails at any time by clicking the'unsubscribe'link at the bottom of any of such e-mail correspondence.)
5.3 WHEN A GROUPON COUPON TRANSACTION IS COMPLETE: When you go through the procedure for purchasing a Groupon coupon, after you have confirmed your acceptance to these terms and conditions and after we have taken payment (by debit card or credit card or whatever) the transaction is complete (and a contract for Purchase is made) only when we email you confirming the transaction (which is our acceptance of the transaction). We keep a copy of the contract between us - and you are welcome to print out these terms and conditions from our website as a record.
5.4 RIGHT TO CANCEL: Once we send you the Groupon coupon, you may cancel the transaction at any time within 7 working days from the day after the day that you receive the Groupon coupon (where a working day is any day that is not a Saturday, Sunday or public holiday recognised in Thailand). If you do want to cancel, you must do so by sending us an email to tell us you are cancelling to: support@mygroupon.co.th or writing to us or sending us a fax - in each case, always provided of course that you have not yet redeemed the Groupon coupon.
5.5 THIS AGREEMENT APPLIES: By making a Purchase, you acknowledge that the Purchase is made subject to this Agreement.
5.6 REDEMPTION: Once you have made a Purchase, the Groupon coupon is redeemable by You from a Merchant for Products provided by that Merchant. The particular Merchant and particular goods and services offered by that Merchant for which the Groupon coupon can be redeemed will be stated on the Groupon coupon. Any attempted redemption of a Groupon coupon not consistent with this Agreement may render a Groupon coupon void at our (or a Merchant's) discretion.
5.7 RESPONSIBILITY: The Merchant, and not us, is:
5.7.1 the seller of the Products;
5.7.2 solely responsible for providing you with the Products and for the Products themselves; and
5.7.3 solely responsible for redeeming any Groupon coupon you Purchase.
5.8 RESTRICTIONS: (i) Reproduction, sale, resale or trade of a Groupon coupon is prohibited. Any attempt to carry out any of these will potentially void the Groupon coupon at our discretion. (ii) If the Groupon coupon is redeemed for less than its face value, there is no entitlement to a credit, cash or new Groupon coupon equal to the difference between the face value and the amount redeemed. Also, Groupon coupons are redeemable in their entirety only and may not be redeemed incrementally.
5.9 COMBINATION: It is at the discretion of the Merchant to determine whether Groupon coupons can be combined with any other Groupon coupon, or other promotions, vouchers, third party certificates or coupons. Groupon coupons may not be applied to cover shipping or handling charges which may be incurred when the Groupon coupon is redeemed for a Product.
5.10 LOST/STOLEN GROUPON COUPONS: Neither we nor the Merchant are responsible for lost or stolen Groupon coupons or Groupon coupon reference numbers.
5.11 EXPIRY: The Groupon coupon (including, but not limited to, any discounts provided by the Groupon coupon) expires on the date specified on the Groupon coupon.
5.12 STATUS OF GROUPON COUPONS: All Groupon coupons are promotional coupons that are offered for Purchase below their face value and are subject to this Agreement and to any terms and conditions of the relevant Merchant.

7. YOUR OBLIGATIONS


7.1MERCHANT TERMS: Merchants will have their own applicable terms and conditions, in relation to their own supply of their goods and services, and you agree to (and shall) abide by those terms and conditions. The responsibility to do so is yours alone.
7.2 ACCURATE INFORMATION: You warrant that all information provided on Registration and contained as part of your account during the course of this Agreement is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the details in your account.
7.3 CONTENT ON THE WEBSITE AND SERVICE AND GROUPON COUPONS: It is your responsibility to ensure that any products, services or information available through the Website or the Service meet your specific requirements.
7.4 THINGS YOU CANNOT DO: Without limitation, you undertake not to use or permit anyone else to use the Service or Website:
7.4.1 to send or receive any material which is not civil or tasteful;
7.4.2 to send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;
7.4.3 to send or receive any material for which you have not obtained all necessary licences and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;
7.4.4 to send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
7.4.5 to cause annoyance, inconvenience or needless anxiety;
7.4.6 to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
7.4.7 for a purpose other than which we have designed them or intended them to be used;
7.4.8 for any fraudulent purpose;
7.4.9 other than in conformance with accepted Internet practices and practices of any connected networks; or
7.4.10 in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.
7.5 FORBIDDEN USES: The following uses of the Service (and Website) and Groupon coupons are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following:
7.5.1 resale of the Service (or Website) or any Groupon coupon;
7.5.2 furnishing false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers;
7.5.3 attempting to circumvent our security or network including accessing data not intended for you, logging into a server or account you are not expressly authorised to access, or probing the security of other networks (such as running a port scan);
7.5.4 accessing the Service (or Website) in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure;
7.5.5 executing any form of network monitoring which will intercept data not intended for you;
7.5.6 sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material. You are explicitly prohibited from sending unsolicited bulk mail messages. This includes bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving email of this nature, you may not send that person any further email;
7.5.7 creating or forwarding "chain letters" or other "pyramid schemes" of any type, whether or not the recipient wishes to receive such mailings;
7.5.8 sending malicious email, including flooding a user or site with very large or numerous emails;
7.5.9 entering into fraudulent interactions or transactions with us or a Merchant (which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);
7.5.10 using the Service or Website (or any relevant functionality of either of them) in breach of this Agreement;
7.5.11 unauthorised use, or forging, of mail header information;
7.5.12 engage in any unlawful activity in connection with the use of the Website and/or the Service or any Groupon coupon; or
7.5.13 engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Website and Service.

8. RULES ABOUT USE OF THE SERVICE AND THE WEBSITE


8.1 We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Service or the Website will be free of faults (or Groupon coupons will be free of error) and we do not accept liability for any errors or omissions. In the event of an error or fault, you should report it by email to: support@mygroupon.co.th.
8.2 We do not warrant that your use of the Service or the Website will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Service or the Website will be transmitted accurately, reliably, in a timely manner or at all.
8.3 We do not give any warranty that the Service or the Website is free from viruses or anything else which may have a harmful effect on any technology.
8.4 Also, although we will try to allow uninterrupted access to the Service and the Website, access to the Service and the Website may be suspended, restricted or terminated at any time.
8.5 We reserve the right to change, modify, substitute, suspend or remove without notice any information or Groupon coupon or service on the Website or forming part of the Service from time to time. Your access to the Website and/or the Service may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. We assume no responsibility for functionality which is dependent on your browser or other third party software to operate (including, without limitation, RSS feeds). For the avoidance of doubt, we may also withdraw any information or Groupon coupon from the Website or Service at any time.
8.6 We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of any of this Agreement.

9. SUSPENSION AND TERMINATION


9.1 If you use (or anyone other than you, with your permission uses) the Website or Service or a Groupon coupon in contravention of this Agreement, we may suspend your use of the Service and/or Website (in whole or in part) and/or a Groupon coupon.
9.2 If we suspend the Service or Website or a Groupon coupon, we may refuse to restore the Service or Website or Voucher until we receive an assurance from you, in a form we deem acceptable that there will be no further breach of the provisions of this Agreement.
9.3 We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone in breach of this Agreement.
9.4 Without limitation to anything else in this Clause 9, we shall be entitled immediately or at any time (in whole or in part) to: i) suspend the Service and/or Website; ii) suspend your use of the Service and/or Website; iii) suspend the use of the Service and/or Website for persons we believe to be connected (in whatever manner) to you; and/or iv) terminate this Agreement immediately if:
9.4.1 you commit any breach of this Agreement;
9.4.2 we suspect, on reasonable grounds, that you have, might or will commit a breach of these terms; or
9.4.3 we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.
9.5 Notwithstanding anything else in this Clause 9, we may terminate this Agreement at any time.
9.6 Our right to terminate this Agreement shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.

10. INDEMNITY


You shall indemnify us against each loss, liability or cost incurred by us arising out of:
10.1any claims or legal proceedings which are brought or threatened against us by any person arising from:
a)your use of the Service or Website;
b) the use of a Groupon coupon;
c) the use of the Service or Website through your password; or
10.2any breach of this Agreement by you.

11. STANDARDS AND LIMITATION OF LIABILITY


In this Clause 11: "Liability" means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with this Agreement, including, without limitation, liability expressly provided for under this Agreement or arising by reason of the invalidity or unenforceability of any term of this Agreement (and for the purposes of this definition, all references to "this Agreement" shall be deemed to include any collateral contract); and "Breach of Duty" means the breach of any (i) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract or (ii) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty).
11.1We warrant that:
11.1.1 we will exercise reasonable care and skill in performing any obligation under this Agreement, and
11.1.2 we have the right to sell Groupon coupons and that Groupon coupons are of satisfactory quality and fit for their purpose.
11.2This Clause 11 (and Clause 2.5) prevails over all other Clauses and sets forth our entire Liability, and your sole and exclusive remedies in respect of:
11.2.1 the performance, non-performance, purported performance or delay in performance of this Agreement or the Service or Website (or any part of it or them); or
11.2.2otherwise in relation to this Agreement or the entering into or performance of this Agreement.
11.3Nothing in this Agreement shall exclude or limit our Liability for (i) fraud; (ii) death or personal injury caused by any Breach of Duty by us; (iii) any breach of the obligations implied by the provisions of the Consumer Protection Act, 2008; or (iv) any other Liability which cannot be excluded or limited by applicable law (including, without limitation liability pursuant to Clause 2.5).
11.4 We do not warrant and we exclude all Liability in respect of:
11.4.1the accuracy, completeness, fitness for purpose or legality of any information accessed using the Service or Website or otherwise; and
11.4.2the transmission or the reception of or the failure to transmit or to receive any material of whatever nature; and
11.4.3your use of any information or materials on the Website (which is entirely at your own risk and it is your responsibility);
11.4.4Products for which Groupon coupons may be redeemed and in respect of the quality, safety, usability or any other aspect of the products or services in respect of which Groupon coupons may be redeemed).
11.5 Save as provided in Clause 11.3 but subject to Clause 11.6, we do not accept and hereby exclude any Liability for loss of or damage to your (or any person's) tangible property other than that caused by our Breach of Duty.
11.6Save as provided in Clause 11.3 but subject to Clauses 11.4.3 and 11.8, our Liability for loss of or damage to your (or another person's) tangible property caused by us, our employees, subcontractors or agents acting within the course of their employment during the performance of this Agreement, shall not exceed R 10. Neither corruption of data nor loss of data shall constitute physical damage to property for the purposes of this Clause 11.6.
11.7Save as provided in Clauses 11.3 and 11.4.3, we do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the terms of this Agreement.
11.8 Save as provided in Clause 11.3, we shall have no Liability for:
11.8.1loss of revenue;
11.8.2loss of actual or anticipated profits;
11.8.3loss of contracts;
11.8.4loss of the use of money;
11.8.5loss of anticipated savings;
11.8.6loss of business;
11.8.7loss of opportunity;
11.8.8loss of goodwill;
11.8.9loss of reputation;
11.8.10loss of, damage to or corruption of data; or
11.8.11any indirect or consequential loss; and such Liability is excluded whether it is foreseeable, known, foreseen or otherwise. For the avoidance of doubt, Clauses 11.8.1 to 11.8.10 apply whether such losses are direct, indirect, consequential or otherwise.
11.9 Save as provided in Clause 11.3, our total Liability to you or any third party shall in no circumstances exceed, in aggregate, a sum equal to the greater of: a) R 50; or b) 110% of any aggregate amount paid by you to us in the 12 months preceding any cause of action arising.
11.10The limitation of Liability under Clause 11.9 has effect in relation both to any Liability expressly provided for under this Agreement and to any Liability arising by reason of the invalidity or unenforceability of any term of this Agreement.

12. DATA PROTECTION

Please see our Privacy Policy which forms part of this Agreement.

13. ADVERTISEMENTS


13.1 We may place advertisements in different locations on the Website and at different points during use of the Service. These locations and points may change from time to time - but we will always clearly mark which goods and services are advertisements (i.e. from persons other than us), so that it is clear to you which goods and services are provided on an objective basis and which are not (i.e. the advertisements).
13.2 You are free to select or click on advertised goods and services or not as you see fit.
13.3 Any advertisements may be delivered on our behalf by a third party advertising company.
13.4 No personal data (for example your name, address, email address or telephone number) will be used during the course of serving our advertising, but, on our behalf, our third-party advertiser or affiliate may place or recognise a unique "cookie" on your browser (see our Privacy Policy here about this). This cookie will not collect personal data about you nor is it linked to any personal data about you. If you would like more information about this practice and to know your choices about not having this information used by any company, see our Privacy Policy here about this which you can click on for more information.

14. LINKS TO AND FROM OTHER WEBSITES


14.1 Where the Website contains links to third party sites and to resources provided by third parties (together "Other Sites"), those Other Sites are merely linked to provide information only and are solely for your convenience. We have no control over and do not accept and we assume no responsibility for Other Sites or for the content or products or services of Other Sites (including, without limitation, relating to social networking sites such as Facebook) and we accept no responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the website, you do so entirely at your own risk. Please be aware that these Other Sites may have different security & privacy policies and we have no control over and take no responsibility for any information submitted to these Other Sites.
14.2 This mygroupon.co.th website may make available access to Microsites and if it does, it may do so within or otherwise through external hyperlinks.

15. INTELLECTUAL PROPERTY RIGHTS


15.1 All intellectual property rights (including all copyright, patents, trade marks, service marks, trade names, designs (including the "look and feel" and other visual or non-literal elements)) whether registered or unregistered) in the Website and Service, (subject to Clause 15.4) information content on the Website or accessed as part of the Service, any database operated by us and all the website design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.
15.2 None of the material listed in Clause 15.1 may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission. You may, however, retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without our permission.
15.3 All rights (including goodwill and, where relevant, trade marks) in the Thai Groupon Ltd. (Proprietary Limited name and/or "Thai Groupon" and/or"mycitydeal" are owned by us (or our licensors). Other product and company names mentioned on the Website are the trade marks or registered trade marks of their respective owners.
15.4 Title, ownership rights and intellectual property rights in and to the content accessed using the Service is the property of the applicable content owner or Merchant and may be protected by applicable copyright or other law. The Agreement gives you no rights to such content.
15.5 The authors of the literary and artistic works in the pages in the Website have asserted their moral rights to be identified as the author of those works.
15.6 Subject to Clause 15.7, any material you transmit or post or submit to the Website (or otherwise to us) shall be considered (and we may treat it as) non-confidential and non-proprietary, subject to our obligations under data protection legislation. If for some reason, any part of that statement does not work as a matter of law, then for anything which you supply to us from whatever source (i.e. via email, the Website or otherwise) you grant us a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish and distribute world-wide any such material.
15.7 All comments, suggestions, ideas, notes, drawings, concepts or other information: (i) disclosed or offered to us by you; or (ii) in response to solicitations by us regarding the Service or the Website; (in each foregoing case, these are called "Ideas") shall be deemed to be and shall remain our property and you hereby assign by way of present and future assignment all intellectual property rights in Ideas, to us. You understand and acknowledge that we have both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas and that we are only willing to consider Ideas on these terms. In any event, any Ideas are not submitted in confidence and we assume no obligation, express or implied by considering it. Without limitation, we shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever,commercial or otherwise without compensation to the provider of the Ideas.

16. GENERAL


16.1 INTERPRETATION: In this Agreement:
16.1.1 words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons;
16.1.2 clause headings such as ("16. GENERAL" at the start of this Clause) and clause titles (such as "Interpretation:" at the start of this Clause 16.1) are purely for ease of reference and do not form part of or affect the interpretation of this Agreement; and
16.1.3 references to "include" and "including" shall be deemed to mean respectively "include(s) without limitation" and "including without limitation".
16.2 NO PARTNERSHIP/AGENCY: Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
16.3 NO OTHER TERMS: Except as expressly stated in this Agreement, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
16.4ASSIGNMENT: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under this Agreement. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under this Agreement to any person.
16.5 FORCE MAJEURE: We shall not be liable for any breach of our obligations under this Agreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, explosion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
16.6 ENTIRE AGREEMENT: This Agreement (and our Privacy Policy) contains all the terms agreed between the parties regarding its subject matter and supersedes and excludes any prior agreement, understanding or arrangement between the parties, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to this Agreement except as expressly stated in this Agreement. Neither party shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into this Agreement (unless such untrue statement was made fraudulently or was as to a matter fundamental to a party's ability to perform this Agreement) and that party's only remedies shall be for breach of contract as provided in this Agreement. However, the Service is provided to you under our operating rules, policies, and procedures as published from time to time on the Website.
16.7 NO WAIVER: No waiver by us of any default of yours under this Agreement shall operate or be construed as a waiver by us of any future defaults, whether or a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under this Agreement.
16.8 NOTICES: Unless otherwise stated within this Agreement, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) sent by fax or by pre-paid post, to you at the address you supplied to us or to us at our physical office which is 12 Loop Street, Cape Town, 8000.
16.9 THIRD PARTY RIGHTS: All provisions of this Agreement apply equally to and are for the benefit of Thai Groupon Ltd., its subsidiaries, any holding companies of Thai Groupon(Proprietary) Limited, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that this Agreement may be varied or rescinded without the consent of those parties). Subject to the previous sentence, no term of this Agreement is otherwise enforceable by any person who is not a party to it.
16.10 SURVIVAL: In any event, the provisions of Clauses 1, 2, 5.7, 5.8, 5.9, 5.10, 5.11, 5.12, 6.1, 7.1, 9, 10, 11, 14 and 15 of this Agreement, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of the Agreement. In the event you use the Website or Service again, then the provisions of the terms and conditions that then apply will govern your re-use of the Website or Service. In the event you use Groupon coupons bought under this Agreement, then those provisions applicable to Groupon coupons will survive termination of this Agreement.
16.11 SEVERABILITY: If any provision of this Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.
16.12 GOVERNING LAW: This Agreement (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with Thailand law and both parties hereby submit to the exclusive jurisdiction of the courts of Thailand.

17.MISCELLANEOUS


17.1 The Website and the Service is owned and operated by Thai Groupon Ltd., a company registered in Thailand whose physical office is at 75/12 OCEAN TOWER 2 15th FLOOR (15A) SUKHUMVIT 21 SOI 3, KLONGTOEY, WATTANA BANGKOK 10110. If you have any queries please contact Customer Services at support@mygroupon.co.th.

Privacy Policy

We protect your personal information and data.
1. Protecting You
The Thai Groupon website, www.mygroupon.co.th, is owned and operated by Thai Groupon Ltd.

We have referred to Thai Groupon Ltd. in this document as "Groupon Thai", "we", "us", or "our")

Thai Groupon is committed to protecting your privacy and accordingly, we have developed this privacy policy ("Policy"). We will only use the information that we collect about you lawfully (in accordance with the Electronic Communications and Transactions Act 2002, the Consumer Protection Act, 2008, and other applicable data protection laws enacted in Thailand from time to time).

Please read this Policy carefully. By accessing or using our Website, you acknowledge that you have read all of the terms of this Policy and our Website's Terms and Conditions, and that you understand, and agree to be bound by, all the provisions in this Policy and the Terms and Conditions. If you do not agree to be bound by these terms, please exit this page and do not access or use the Website.

Where this Policy uses a word starting with a capital letter, which is not defined in this Policy, that word will be a defined term in the Terms and Conditions.

Our Policy explains what information we collect on the Website, how we use and/or share this information, and how such information is maintained. This Policy only applies with respect to the information collected on the Website and not with respect to any information collected or obtained through other methods or sources.

Our Policy ensures that any information you provide us remains private and secure. We will never collect sensitive information about you without your consent. You can check and update the information that we hold about you by contacting us using the contact information below (and there may be an administrative fee payable for this) or by signing into the Website, and clicking on the tab marked "My Account". If you find any inaccuracies we will delete or correct it promptly.

2. Personally Identifiable Information
We collect personally identifiable information ("PII") that is volunteered during the Registration process or in response to specific information requests explicitly presented to you.

We may also collect your Internet Protocol ("IP") address to help diagnose problems with our server, and to administer this Website. An IP address is a number that is assigned to your computer when you use the Internet. Your IP address is also used to help identify you during a particular session and to gather broad demographic data.

We may ask for your e-mail address during your use of the Website. Also, to purchase Vouchers you may be requested to provide any or all of the following PII: first and last name, postal address, e-mail address, date of birth, telephone number and details of a payment mechanism, such as credit card details.

3. Use and Sharing of PII
All PII is retained by Thai Groupon, in confidence and in accordance with applicable data protection laws in Thailand.

We use PII to provide you with information about Thai Groupon, to properly provide you with the Service and for marketing ourselves to you.

In general, we may use the PII we have collected to:

manage your account and provide you with customer support;
conduct market research, and analyse your use of our Service;
communicate with you;
negotiate deals tailored to your specific location and interests; and
enforce our Terms and Conditions.

Any financial or payment information, such as credit card details, provided to us for the purposes of concluding a transaction on our Website, will be used by us to process your payment for any voucher. This information may also be used to identify, and to protect you and us against, possible fraudulent transactions, and to generally manage our business.

We will never sell or rent your PII to anyone else for their marketing purposes without your consent.

However, we may pass your PII to our agents and subcontractors to help us with any of our uses of your data set out in this Policy. For example, we may use third parties to provide us with marketing or customer service assistance or send it to a credit card provider to process a payment.

We also always reserve the right to disclose PII in order to:
(a) comply with applicable laws;
(b) respond to governmental enquiries (or enquiries from a legal, governmental or quasi-governmental or local authority agency or Internet protection agency of any type);
(c) comply with a valid legal process or procedure; or
(d) protect our rights or property, this Website, and/or other users of this Website; or
(e) fulfil any contractual obligations we may have in relation to your use of the Service.

Please note that as part of any PII sharing which we list above, we may send your information internationally. Different countries offer varying levels of protection of personal information. By submitting PII to us, you acknowledge that provided we have used your data in the ways set out in this Policy, we cannot be held responsible for any use of your data by third parties who receive and process your data. We undertake to make every effort to ensure that your PII is processed only for the purpose set out above, and for no other purpose.

4. Cookies
We use "cookies", a name for a specific technology used to register user preferences associated with the use of a particular website. A lot of websites do this, because cookies allow the website publisher to do useful things like find out whether the computer (and probably its user) has visited the site before. The information stored in the cookie is used to identify you and enables us to track the pattern of behaviour of visitors to the Website so that we can provide a more efficient and personalised service. You can usually modify your browser to prevent cookie use - but if you do this, the Service (and the Website) may not work properly.

In the course of displaying advertisements to this Website (if any), third-party advertisers or ad servers may place or recognise a unique cookie on your browser. The use of cookies by such third party advertisers or ad servers is not subject to this Policy, but is subject to their own respective privacy policies.

5. Emails
Please note that in terms of this Policy we may email you for one or more of the following purposes:


as part of the Service. We may need to contact you for various reasons associated with the use of our Service, even where you have indicated you do not wish to be contacted for direct marketing purposes, and accordingly will send (or may send) emails to you in some of the following example circumstances: after Registration, notifying you of your account details; as reminder emails about the services we offer (particularly if you have not used them yet or not used them for a while); to send you information or Vouchers which you have asked for;
as a newsletter;
as promotional emails; and
to offer related services to you from Thai Groupon Ltd.

However, in terms of any marketing or promotional emails we may send, we will always give you the chance to opt-out (or unsubscribe) from them in the future.

6. Security and retention
We have put in place a number of measures to ensure that your PII is secure, including Secure Socket Layer technology to process payments, and password protection on user accounts. However, any one who may have access to your Thai Groupon account will also be able to access your PII. Accordingly, we recommend that you do not share your password with anyone.

The PII which we hold will be held securely within our systems in accordance with our internal security policy and the law. We hold data until 3 years after it is last accessed or used by us.

Unfortunately, transmitting data over the internet cannot be warranted to be 100% secure. Whilst we take all reasonable precautions to safeguard this information, we may be unable to prevent unauthorised access to such information by third parties or inadvertent disclosure of such information during transit and we are not responsible for any actions taken by such third parties. You acknowledge this risk when communicating with and transacting on the Website.

7. Transfer in Certain Circumstances
If there is a sale, merger, consolidation, change in control, transfer of substantial assets, reorganisation or liquidation of Thai Groupon Ltd., then, in our sole discretion, we may transfer, sell or assign information collected on and through this Website (including, without limitation, PII and other information), to one or more relevant third parties.

8. Non personal information


In order to constantly improve the Service, we may use certain non-personal or depersonalised information that may be collected from time to time through your use of the Website or from other sources, to develop targeted advertising on our Website and on websites of third parties. This information may also be shared with third parties, including advisors, advertisers, suppliers and investors, for the purposes of improving the Service, and analysing the business.

9. Customer Service
If you have any questions or concerns, please feel free to contact us at support@mygroupon.co.th.

10. Changes to this Policy
Please note that this Policy forms part of the Terms & Conditions for use of this Website and forms part of the Agreement between you and us. We review this Policy from time to time, to ensure that it reflects how we use your information, and accordingly we may, from time to time, amend this Policy, in whole or part, in our sole discretion. Any changes to this Policy will be effective immediately upon the posting of the revised policy on the Website.

In the event of any material change to this Policy, we will announce the change either: (a) on the home page of the Website, or (b) by email, if we have your email address. However, in any event, by continuing to use the Website following any changes, you will be deemed to have agreed to such changes. Accordingly, please review this page frequently so that you are aware of any changes.