Terms and Conditions of Use
User Terms of Use Agreement.
These Terms of Use govern your use of the Kooksta.com website, content and services. You hereby agree to access "the site", subject to the terms and conditions of use as set out in this document. Kooksta.com may add to or change or update the Terms of Use, from time to time entirely at its own discretion, and you hereby agree to be subject to any changes or revisions.
Limited Permission to Copy
Kooksta.com grants you permission to make personal use of the website and you may print or download extracts from pages for your personal, non-commercial use only. No part of the Site may be reproduced or transmitted to or stored in any other web site, nor may any of its pages be disseminated or republished.
Individual Registration, Access and Exchange of Information
For certain services such as email, personal web pages, contests and shopping, registration by the visitor is required. To register for these services you have to open an account by completing the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You must also choose a password and user name. You will be entirely responsible for maintaining the confidentiality of your password and user account. If Kooksta.com reasonably believe that an account and Password is being misused in any manner, Kooksta.com shall reserve the right to cancel access rights immediately without notice, and block access to all users from that IP address.
Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Kooksta.com immediately of any unauthorized use of your account or any other breach of security. Kooksta.com will not be liable for any loss that you may incur as a result of someone else using your password or account. However, you could be held liable for losses incurred by Kooksta.com or another party due to someone else using your account or password.
No unlawful or prohibited use
As a condition of your use of our Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Kooksta.com’s server, or the network(s) connected to any Kooksta.com server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
Material Posted/transmitted at Kooksta.com’s Site
All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly or privately transmitted / posted, is the sole responsibility of the person from where such content is originated (the Originator). By Posting any material which contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of limitation, the distribution, public display and reproduction of such Images.
You represent that you have valid rights and title in any and all Content/Images that you submit on the Site, and further that you will indemnify Kooksta.com or its affiliates for all claims arising out of any content that you post on the Site. Posting/uploading of any information or material, which is harmful, defamatory, obscene, pornographic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, or otherwise unlawful in any manner is prohibited and any person found to be involved in such activity on this website will solely be liable for actions under the applicable laws.
Kooksta.com accepts no responsibility for the said Content and/or Images. However, you understand that all Content and/or Images posted by you becomes the property of Kooksta.com and you agree to grant/assign to Kooksta.com and its affiliates, a non-exclusive, royalty free, perpetual, irrevocable and sub-licenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content and/or Images (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed throughout the world.
Exchange of Information via CHAT, Comments and/or other Community Services
You represent that you are a responsible adult (18 years or above) and you shall be solely responsible for all Content that you upload post or otherwise transmit. Kooksta.com endeavours to provide a web platform for various community interactions for persons to interact and exchange views with each other. The content posted on such services is by general public therefore the accuracy, integrity or quality of such content cannot be guaranteed. You understand that by using such services, you may be exposed to objectionable matter. By using the facility of chat and other community services you agree not to upload, post, or otherwise transmit any matter or views, which are, defamatory, abusive, pervasive, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. You may also not indulge in cyber stalking, become or create a nuisance for any visitor / user of the Site. You may not send, submit, post, or otherwise transmit, material or messages that contain any software virus, or other files that are designed to interrupt, destroy, and negatively affect in any manner whatsoever, any electronic equipment in connection with the use of this Site, or other user's ability to engage in real time exchanges.
Any Content uploaded by any user shall be subject to relevant laws and therefore may be disabled, or may be subject to investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Site, we may terminate your account/block your access to the Site and we reserve the right to remove any non-compliant Content uploaded.
Grievance Redressal
Any complaints or concerns with regards to content or to report any abuse of laws or breach of these terms may be taken up via post or through our contact us page.
Limitations of Liabilities
Any transactions relating to sale or purchase of goods or services not directly offered by Kooksta.com are to be settled between the parties to such transaction. All warranties express or implied of any kind, the implied warranties of merchantability, and fitness for a particular purpose are disclaimed by Kooksta.com, which merely provides a platform where you and other party may interact, exchange information or carry out sale or purchase transactions. Kooksta.com does not have any involvement in the actual transactions between the buyers and sellers in any way. It is only you, who is entirely responsible for all the activities arising out of the transactions of sale or purchase of goods or services offered by any other party and not Kooksta.com. Kooksta.com will not be liable for any loss that you may incur, while selling or purchasing goods or services of the third party.
Under No circumstances will Kooksta.com be held responsible or liable, in any way, for any content which is derogatory, threatening, defamatory, obscene or offensive to public sensibilities or morals and shall also not assume liability for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted or uploaded on the Site, or any infringement of another's rights, including intellectual property rights. You specifically agree that Kooksta.com is not responsible for any content sent using and or included in Kooksta.com’s site or service by any third party.
Termination of Account
Kooksta.com reserves its right to refuse service, restrict, suspend, terminate your account; terminate this Agreement; terminate or suspend your access to the Kooksta.com’s Web Sites; refuse, move or remove for any reason any Content or Images that you submit on or through the services; refuse, move, or remove any Content or Images that are available on or through the Services; deactivate or delete your accounts and all related information and files in your account and remove or edit contents or cancel orders in its sole discretion with or without cause, and with or without any prior notice for any violation of the Terms of Use. Upon such termination or suspension, your right to use the Kooksta.com’s Web Sites will immediately cease.
No Controlling Spam Policy or Unsolicited E-mails
You will not use any communication tool or other means available on the Site to transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages). You may not harvest information about users of Kooksta.com for the purpose of sending or to facilitate the sending of unsolicited bulk communications. We may terminate your access or use of the Site immediately, with or without any notice, and take any other legal action if you, or anyone using your access details to the Site, violates these terms.
Disclaimer of Warranties and Liability
All warranties without limitation, the implied warranties of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement are disclaimed and excluded. Kooksta.com and its affiliates and associates shall not be liable, at any time for any, direct, indirect, punitive, incidental, special, consequential, damages (including, without limitation, damages for loss of business projects, damage to your computer system or damages for loss of profits, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Kooksta.com’s sites/services, with the delay or inability to use the Kooksta.com’s sites/services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Kooksta.com sites/services, or otherwise arising out of the use of the Kooksta.com sites or services) arising in contract, tort or otherwise from the use of or inability to use the Site, or any of its contents, or from any act or omissions a result of using the Site or any such contents or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorised access to, alteration of, or use of information contained on the site, shutting down of the whole or part of the Mail Services that might result in any loss of information, non retrieval or loss of data, or arising out of the inability to use any services.
Links to Other Sites
All the contents of this Kooksta.com Site are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. Any specific advice or replies to queries in any part of the Site are the personal opinion of such persons, and are not subscribed to by this Site. The information from or through Kooksta.com is provided on "AS IS" basis, and all warranties and conditions, expressed or implied of any kind, regarding any matter pertaining to any goods, service or channel, including links on the Site leading to resources located on servers maintained by third parties. These sites of third parties may contain Kooksta.com’s logo, but be aware that it is independent from Kooksta.com, over whom Kooksta.com has no control or connection, business or otherwise as these sites are external to Kooksta.com. You agree and understand that by visiting such sites you are beyond the Kooksta.com’s website. Kooksta.com, therefore neither endorses nor offers any judgement or warranty and accepts no responsibility or liability for the authenticity, availability, suitability, reliability, accuracy of the information, software, products, services and related graphics contained, of any of the goods or services, or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and and or transactions on these sites, as the same is provided on "as is" without warranty of any kind. Kooksta.com gives no warranty and makes no representation whether expressed or implied, that the information contained in this site is error free. Kooksta.com shall not be responsible nor liable for any consequential damages arising on account of your relying on the contents of the advertisement. Before relying on the material, users should independently verify its relevance for their purposes, and should obtain any appropriate professional advice.
Material Submitted by Users
Certain elements of the Site will contain material submitted by users. Kooksta.com accepts no responsibility for the content, accuracy, conformity to applicable laws of such material. You will indemnify and hold harmless Kooksta.com against all third party claims, demands and actions brought against Kooksta.com which arises from or relates to the material submitted by you.
Advertising Material
Part of the Site contains advertising information or promotion material or other material submitted to Kooksta.com by third parties. Responsibility for ensuring that material submitted for inclusion on Site complies with applicable International and National law is exclusively on the party providing the information or materials. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Kooksta.com found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. Kooksta.com will not be responsible or liable for any claim, error, omission, inaccuracy in advertising material or any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Kooksta.com advertisers on the Website. Kooksta.com reserves the right to omit, suspend or change the position of any advertising material submitted for insertion. Acceptance of advertisements on the Site will be subject to these terms and conditions.
Data Protection
Kooksta.com may send information and offer products and services to you from time to time. For further details relating to our policy relating to such offer please refer to our privacy statement. Notwithstanding the foregoing, Kooksta.com reserves the right to disclose any information that is required to be shared, disclosed or make made available to any governmental, administrative, regulatory or judicial authority under any law or regulation applicable to Kooksta.com. Further, Kooksta.com can (and you authorize Kooksta.com to) disclose your name, street address, city, state, zip code, country, phone number, email, and company name to Intellectual Property right's owners, as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity.
Relationship
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and Kooksta.com and you shall have no authority to bind Kooksta.com in any manner, whatsoever. Kooksta.com shall have no liability to you for any interruption or delay, to access the Site irrespective of the cause.
Thai Law
The Agreement shall be governed by the Laws of Thailand. The Courts of law at Bangkok, Thailand, shall have exclusive jurisdiction over any disputes arising under this agreement.
Entire Agreement
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior understandings or agreements, written or oral. Executed April 21, 2020, at #4 soi 22 Ramkhamhaeng Road, Huamark Bangkapi, Bangkok, Thailand 10240.
