Terms & Conditions
These
Terms of Use govern the use of www.lacoste.co.th (the “Website”). By using this
Website, you are entering into a legally binding agreement with HERITAGE CROC
(THAILAND)LTD. (hereinafter “we” or “our”) who is data controller for the
Website. The Website is hosted by HERITAGE CROC (THAILAND)LTD. in Thailand and
operates as an e-commerce website selling products trading by the brand names
specified on the Website (the “Brands”), which HERITAGE CROC (THAILAND)LTD. 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 HERITAGE CROC (THAILAND)LTD. 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 HERITAGE CROC (THAILAND)LTD.; 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 HERITAGE
CROC (THAILAND)LTD. and/or HERITAGE CROC (THAILAND)LTD.’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. HERITAGE CROC (THAILAND)LTD. 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 HERITAGE
CROC (THAILAND)LTD.’s collection, use, and disclosure of your personal data to
parties such as HERITAGE CROC (THAILAND)LTD.’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 HERITAGE CROC (THAILAND)LTD. 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 HERITAGE
CROC (THAILAND)LTD. 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 HERITAGE
CROC (THAILAND)LTD. 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 HERITAGE
CROC (THAILAND)LTD. 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;
·
HERITAGE CROC (THAILAND)LTD. will screen and review all Content posted onto the
Website;
·
HERITAGE CROC (THAILAND)LTD. 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 HERITAGE CROC
(THAILAND)LTD., its officers, managers, owners,
employees, agents, designees or other users.
Limitation of Liability
In no event shall HERITAGE CROC (THAILAND)LTD., 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 HERITAGE
CROC (THAILAND)LTD., whether based
upon warranty, contract, tort, or otherwise, even if HERITAGE CROC
(THAILAND)LTD. has been advised of or should have
known of the possibility of such damages or losses. Without limiting the
foregoing, in no event shall HERITAGE CROC (THAILAND)LTD., 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 HERITAGE CROC
(THAILAND)LTD..
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, HERITAGE CROC
(THAILAND)LTD. 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, HERITAGE CROC
(THAILAND)LTD. 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 HERITAGE CROC
(THAILAND)LTD. 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 HERITAGE CROC
(THAILAND)LTD., 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
HERITAGE
CROC (THAILAND)LTD. 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 HERITAGE CROC
(THAILAND)LTD. and any user or merchant.
Notices
Except as explicitly stated otherwise, any legal notices shall be served on HERITAGE CROC
(THAILAND)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 HERITAGE CROC
(THAILAND)LTD.) 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 HERITAGE CROC
(THAILAND)LTD..
The courts of Thailand will have non-exclusive jurisdiction over any legal
action or the proceedings against HERITAGE CROC (THAILAND)LTD. arising out of, with respect to, or in connection with any
disputes over this Terms of Use and disputes between users of this Website.
