CMG

Terms & Conditions | Terms of Use


The Updated Version : 15 May 2020

These Terms of Use govern the use of www.cmg.co.th (the “Website”). By using this Website, you are entering into a legally binding agreement with Central Trading Co. Ltd. (hereinafter “CMG” “we” or “our”) who is data controller for the Website. The Website is hosted by CMG in Thailand and operates as an e-commerce website selling products trading by the brand names specified on the Website (the “Brands”), which CMG is authorized by the brand owner to promote and distribute such Brands in Thailand. For the purposes of this Terms of Use, “you” shall mean any user of the Website, whether you purchase the products or not.

General

Access to and use of this Website and the services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Use"). By using this Website, you indicate your unconditional acceptance of these Terms of Use. We reserve the right, in our sole discretion, to update or revise these Terms of Use. The continued use of the Website following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

You warrant and represent that you have attained 20 years of age, or, if you are younger than 20 years of age, that you possess legal, parental or guardian consent, and are fully able and competent to enter into and abide by the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

Privacy Policy

Our Privacy Policy, which sets out how we will use your information, can be found at [here]. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

Prohibitions

You may not use this Website for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of CMG or others. Notwithstanding any other rights or restrictions in these Terms of Use, you may not use this Website to transmit via or through the Website any information, data, text, images, files, links, or software except in connection with your authorized use of this Website or otherwise in response to specific requests for information by us; Introduce to the Website or any other computer or website viruses, worms, Trojan horses and/or harmful codes; Obtain unauthorized access to any computer system; Impersonate any other person, including but not limited to, a registered user of this Website or an employee or administrator of CMG; Invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; Misrepresent the identity of a user or use a false e-mail address; Tamper with or obtain access to this Website or any component of this Website; Conduct fraudulent activities; Collect or harvest information regarding other users of the Website for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail.

Intellectual Property

The content on the Website including (but not limited to) the text, software, scripts, graphics, photographs, sounds, music, videos, interactive features and the like (collectively, the "Content"), the trade dress of the Website and any and all trademarks, service marks and logos contained therein (collectively, the "Marks"), are owned by or licensed to CMG and/or CMG’s related entities, and subject to copyright and other intellectual property rights under Thailand and foreign laws and international conventions acceded to by Thailand.

Nothing contained on the Website may be construed as granting, by implication, estoppel, or otherwise, any right or license to use, copy or imitate any Marks without the prior written consent of the relevant owner. We reserve all rights not expressly granted in and to the Marks.

Account Registration

Each registration is for a single user only, and on registration, you will input your first name, last name, email address, date of birth and choose a password (collectively, your “ID”). Sharing of registered accounts and/or ID on the Website, accessing the Website through a single ID made available to multiple users on a network, and unauthorised use of another’s ID is prohibited. In the event of inappropriate or unauthorized ID use, we may cancel, restrict or suspend (for such period and on such terms, if any, as we deem fit or necessary) your membership with, and/or access to, the Website without any liability whatsoever. CMG reserves the right to close an account if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts, or disrupts any of our Services in any way.

When registering to create your account, you represent and warrant that all registration information you submit is accurate, truthful, complete and lawful. You further warrant that you will maintain the accuracy of such information and update the information as and when necessary.

You are solely responsible for all activity that occurs on your account, for all use of the Website by you or anyone else using your ID, for preventing any unauthorized use of your ID and for maintaining the confidentiality of your ID and keeping it secure. You agree not to use the registered account and/or ID of another member at any time or to disclose your password to any third party. Please notify us immediately if you believe there has been any breach of security such as the disclosure, theft or unauthorized use of your ID.

By creating an account on the Website, you agree to receive certain communications in connection with use of the Website, such as requests for reviews of the Brands. You will also receive our marketing emails such as our newsletters. For more information, please refer to our Privacy Policy found at [here].

By submitting your information and agreeing to our Terms of Use, you consent to CMG’s collection, use, and disclosure of your personal data to parties such as CMG’s employees, service providers, vendors, and systems for the purposes of processing your application and registration of your membership and to ascertain if you are eligible for discounts, privileges or benefits or other related purposes; to conduct market research and analysis; for direct marketing through voice calls; text messages; email; direct mail and facsimile messages; for payment and/or credit control purposes; to notify you of any changes to our policies or Services which may affect you; to respond to queries and feedback; for identification and website access; maintaining and updating your membership details; and informing you of new developments, Services, promotions of CMG and other third parties which we are associated with.

User Conduct

You are responsible for all text, photographs, videos, images, and all other forms of data communication (collective referred to as the “Content”) that you transmit or submit to, through, or in connection with use of the Website. Such Content includes reviews, ratings, and information that you publicly display on your profile. You assume all risks associated with your Content, including any third party’s reliance on its accuracy and reliability. You represent that your Content will not infringe any third party’s intellectual property and that you own, or have the necessary permissions to use and authorize the use of your Content. You should refrain from causing your Content to contain material that is defamatory, false, misleading, infringing, harassing, libelous, abusive, threatening, obscene, or otherwise unlawful as you may expose yourself to liability.

In addition, as a condition of submitting any Content or other materials to the Website, you agree that:
  • you grant to CMG a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works;
  • you grant to CMG all rights necessary to publish or refrain from publishing your name and address in connection with your Content; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to the Website;
  • you grant to CMG all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Content by any other party;
  • you represent and warrant that each person identified, depicted, or shown in in your Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content consistent with these Terms of Use.
  • you are solely responsible for your reviews and ratings;
  • CMG will screen and review all Content posted onto the Website;
  • CMG may, in its sole discretion, choose to remove or not to remove reviews and ratings once published;
  • all of your reviews and ratings of the product(s) of such Brands that you are rating will be accurate, honest, truthful, and complete in all respects;
  • you have not received any form of compensation to post reviews and ratings;
  • you will submit thorough and thoughtful reviews;
  • you will not submit reviews that comment on other users or the reviews of other users;
  • you will not submit reviews with hyperlinks; or
  • the reviews and ratings that you provide do not reflect the views of CMG, its officers, managers, owners, employees, agents, designees or other users.

Limitation of Liability

In no event shall CMG, its parent, subsidiaries or affiliates or their respective officers, directors, employees, agents, successors, subsidiaries, divisions, distributors, suppliers, affiliates or third parties providing information on this Website be liable to any user of the Website or any other person or entity for any direct, indirect, special, incidental, punitive, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data or loss of use) arising out of the use or inability to use the Website or any information contained thereon or stored or maintained by CMG, whether based upon warranty, contract, tort, or otherwise, even if CMG has been advised of or should have known of the possibility of such damages or losses. Without limiting the foregoing, in no event shall CMG, its parent, subsidiaries or affiliates or their respective officers, directors, employees, agents, successors, subsidiaries, divisions, distributors, suppliers, affiliates or third parties providing information on this Website have any liability for any damages or losses arising out of or otherwise incurred in connection with the loss of any data or information contained in your account or otherwise stored by or on behalf of CMG.

You hereby acknowledge that the preceding paragraph shall apply to all content, Brands and Services available through the Website. Because some countries do not allow limitations on implied warranties or the exclusion or limitation of certain damages, in such countries some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.

All Brands purchased through the Website are subject only to any applicable warranties of their respective manufacturers, distributors or suppliers, if any. To the fullest extent permissible by applicable law, CMG disclaims all warranties of any kind, including the implied warranties of merchantability and fitness for a particular purpose with respect to the Brands and Services listed or purchased on the Website. Without limiting the generality of the foregoing, CMG expressly disclaim all liability for product defect or failure, not following the printed instructions on the product of such Brand, product misuse or modification and/or abuse. You are encouraged to read all labels and descriptions carefully as CMG shall not be liable for any allergic reactions or intolerance to the product of such Brand.

Indemnity

You agree to indemnify, defend and hold harmless CMG, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Use.

Variation

CMG shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

Links to Third-Party Websites; No Implied Endorsements.

This Website may contain links to other websites on the Internet. You acknowledge that we have no control over such web sites and that we are not responsible for the accuracy, content, legality or any other aspect of any linked website. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party.

No Agency

No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Terms of Use. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended, exists or is created between CMG and any user or merchant.

Notices

Except as explicitly stated otherwise, any legal notices shall be served on Central Trading Co. Ltd. via registered mail, to 3388/25-37 Sirinrat Building, 8th-11th Floors, Rama IV Road, Klongton Sub-district, Klongtoey District, Bangkok (in the case of CMG) or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.

Applicable Law and Jurisdiction

By visiting this Website, you agree that the laws of Thailand, without regard to principles of conflict of laws, will govern this Terms of Use and any dispute of any sort that might arise between you and CMG.

The courts of Thailand will have non-exclusive jurisdiction over any legal action or the proceedings against CMG arising out of, with respect to, or in connection with any disputes over this Terms of Use and disputes between users of this Website.

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