These Terms of Use (these “Terms”) set forth the rights and obligations of Flare (Thailand) Co., Ltd and you in relation to your use of our “Flare Dash” service (“Service”). Please read them carefully before starting use of the Service. These Terms govern your access and use of the Service. In order to use the Service, you must agree to these Terms. If you do not agree to these Terms, you may not use the Service.
Article 1. General Provisions 1.1 These Terms set forth conditions regarding the use of the Service and form a binding agreement in relation to the use of the Service (“Service Agreement”) between Master User (as defined in Article3) and Flare (Thailand) Co., Ltd, a corporation organized and existing under the laws of Thailand, having its head office at 496-502 Gaysorn Amarin Tower, 9th Floor. Unit No.2, 2.1 Phloen Chit Rd, Lumphini, Pathum Wan District, Bangkok 10330 (“Flare” or “we”). All Users (as defined in Article3) shall comply with these Terms upon the use of the Service.
1.2 The Individual Provisions (as defined in Article3) are incorporated herein by reference and become a part of the Service Agreement. If there is any conflict between these Terms and Individual Provisions, Individual Provisions prevail.
1.3 If an individual who belongs to a certain organization applies for and uses the Service on behalf of the organization (including legal entities), the individual is deemed to have an authority to consent to these Terms and execute the Service Agreement with us on behalf of the organization; in such case, the organization is a party to the Service Agreement and shall comply with these.
Article 2. Modification, Amendment, or Addition 2.1 We may, at our sole discretion, modify, amend, or add provisions to these Terms and Individual Provisions from time to time.
2.2 In the event of any modifications, amendment, or addition in these Terms, we will notify User of those modification, amendment, or addition by posting on our website or the Service, or other means determined by us.
2.3 If, after we notify User of those modification, amendment, or addition, User uses the Service or does not terminate the Service Agreement within the term specified by us (if any), such User is deemed to have agreed to those modification, amendment, or addition of these Terms.
Article 3. Definition 3.1 In these Terms, the following words and terms have the following meanings, unless otherwise provided herein:
(a) “Master User(s)” means an individual or entity who has agreed with these Term and executed the Service Agreement with us;
(b) “Sub-User(s)” means an individual who is designated by Master User as a user of the Service belonging to the Master User, in a manner designated by us;
(c) “User(s)” refers to both of Master User and Sub-User;
(d) “Individual Provisions” mean any provisions, application forms, contracts, and any other documents distributed or posted by us that are separately agreed between you and Flare;
(e) “Intellectual Property Rights” mean patent rights, utility model rights, design rights, trademark rights, copyrights (including the rights of translation and adaptation and the rights of the original author in the exploitation of a derivative work), and any other intellectual property rights, domestic and international, including the rights to register these rights;
(f) “Personal Data” means information that can directly or indirectly identify an alive individual as set forth in Thailand Personal Data Protection Act.
Article 4. Registration for Use 4.1 Any person or entity who desires to use the Service as a Master User (“Applicant”) needs to apply for registration of Master User in a manner designated by us. Upon the registration, an Applicant shall agree to comply with these Terms and Individual Provisions and provide all information required by us (“Registration Information”). An Applicant shall not provide us with false information.
4.2 If we approve an Applicant’s application for the registration of Master User, we notify the Applicant of our approval. Provided, however, we may, at our sole discretion, determine whether we approve the application. Even though an Applicant’s application is unapproved, we are not required to disclose to the Applicant the reason thereof.
4.3 The Service Agreement between Mater User and us becomes effective at the time of notice of our approval to Mater User (“Effective Date”).