These Terms and Conditions (“Terms”) govern your access and use of websites, applications and other platforms provided and/or operated by City Dynamic Co., Ltd. (“Platform”). You acknowledge and understand that these Terms constitute a legally binding agreement between you and us. Therefore, please thoroughly review these Terms before using the Platform. By accessing or using this Platform, you agree to strictly comply with these Terms. If you do not wish to be bound by any or all of the provisions of these Terms, please discontinue using the Platform immediately.
1. GENERAL PROVISIONS
1.1 City Dynamic Co., Ltd. (“City Dynamic” or “we”) reserves the right to change, revise and/or update these Terms from time to time in our sole discretion. In general, all such changes will become effective immediately when we post them. However, where advance notice is required by applicable law or regulation, or deemed appropriate by City Dynamic, City Dynamic will provide notification of any changes prior to their effective date. 1.2 City Dynamic reserves the right, at our sole discretion and to the extent permitted by applicable law, with or without prior notice, to limit access to, change, suspend, or discontinue any aspect or feature of the Platform at any time, including for maintenance, upgrades, security concerns, legal or regulatory requirements, or business reasons. This may include changes to content, availability, and equipment or software needed for access or use. 1.3 City Dynamic may, at its sole discretion and without liability, suspend or terminate your access to the Platform, in whole or in part, at any time and for any lawful reason, including but not limited to if City Dynamic reasonably determines that you are not acting in good faith or violate these Terms. In such cases, the City Dynamic may provide notice to you, but it is not required to do so, and termination of access may be immediate.
2. YOUR USE OF THE PLATFORM
2.1 You agree to access and use the Platform solely for lawful purposes and in accordance with these Terms, and you acknowledge and agree that using the Platform in any manner that causes or may cause damage, impairment or disruption to the Platform’s operation, or which may violate the applicable laws or regulations is prohibited. 2.2 You represent and warrant that all data submitted through the Platform or otherwise provided to City Dynamic are true and accurate. 2.3 You agree that in using the Platform, you must not: 2.2.1 post or upload any content which infringes the intellectual property rights of City Dynamic or any third party; 2.2.2 post of update any content which is false, untrue or may cause misunderstanding, or which is against public order or good moral, or otherwise contains personal data of another person without authorization; 2.2.3 interfere with, disrupt, or compromise the integrity, security, or performance of the Platform or any content contained therein, including by introducing viruses, trojans, malicious code, overloading systems, or attempting to degrade service quality; 2.2.4 attempt to gain unauthorized access to the Platform, its underlying systems, networks, or data, including by hacking, password mining, or other methods of circumventing security controls; 2.2.5 reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or non-public APIs of the Platform; 2.2.6 copy, modify, or create derivative works of the Platform or its contents; 2.2.7 engage in any activity that interferes with or disrupts our Platform (or the servers and networks which are connected to the Platform); or 2.2.8 change, alter, or modify any part of the Platform for any reason, including by attempting to customize, rebrand, or otherwise alter the appearance or functionality of the Platform without authorization; or 2.2.9 use an automated system (e.g., robots, spiders, offline readers) that sends excessive requests to our servers beyond what a human could reasonably produce using a conventional online web browser, or otherwise attempts to harvest data or disrupt normal operations of the Platform.
3. DATA PRIVACY AND PROPRIETARY RIGHTS
3.1 When you use or access the Platform, or submit personal data of yours or another person who authorizes you to do so, you acknowledge that City Dynamic will collect, use, disclose and/or otherwise process such personal data in accordance with City Dynamic’s Privacy Notice for Customers. 3.2 You acknowledge and agree that all materials and information in this Platform may be downloaded for non-commercial or personal use only. 3.3 All intellectual property rights in and relating to the Platform (including, without limitation, any updates, upgrades, modifications, customizations, enhancements, and improvements) are and will remain the sole and exclusive property of City Dynamic and/or its licensors. You acknowledge and agree that you are granted only a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform solely for lawful purposes and strictly in accordance with these Terms. The Platform is provided under license and is not sold to you, and no ownership rights or titles on the Platform or any related intellectual property are transferred to you.
4. LINK TO THIRD-PARTY WEBSITES
You understand that this Platform may contain links to third-party websites, applications or platforms (“Third-Party Websites”), and you acknowledge that City Dynamic does not operate or control any Third-Party Websites. Therefore, City Dynamic cannot guarantee or warrant the accuracy, safety or reliability of Third-Party Websites, and shall not be held responsible or liable for you or any other person arising from the use of said Third-Party Websites. You understand that you are solely responsible for reading all terms and policies of Third-Party Websites before using them.
5. DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNIFICATIONS
5.1 To the fullest extent permitted by law, you acknowledge and agree that while City Dynamic strives to provide efficient and secure services, City Dynamic cannot guarantee or warrant the following: 5.1.1 City Dynamic does not guarantee or warrant the accessibility and availability of the Platform. The Platform is offered on an “as is” and “as available” basis. You must use your own discretion to determine whether the Platform is usable and/or suitable for your specific purposes. 5.1.2 City Dynamic does not guarantee or warrant that the Platform and/or any content on the Platform will be free from infringement of any third-party rights. 5.1.3 City Dynamic does not guarantee or warrant that the Platform will be free from viruses, trojans, worms, malware or any similar items, or that the Platform will be uninterrupted or error-free. 5.1.4 City Dynamic does not guarantee or warrant that the Platform will be free from attacks or breaching attempts from others, e.g. hackers, cyber-attacks, or unauthorized access to data. 5.1.5 City Dynamic does not guarantee or warrant that the Platform can be used with your devices and/or together with other software. 5.2 You hereby acknowledge and agree that your access and use of the Platform is subject to City Dynamic’s Disclaimer which is incorporated herein by reference. 5.3 To the fullest extent permitted by law, you acknowledge and agree that City Dynamic shall not be liable for any loss, damage, liability, or expense of any kind arising from your use of the Platform or from any defects, errors, omissions, interruptions, or delays of the Platform. This includes, but is not limited to, direct damages, indirect damages, incidental damages, consequential damages, or punitive damages. 5.4 You agree to indemnify and hold harmless City Dynamic and its affiliates and subsidiaries, including their respective directors, officers, employees, agents, representatives and partners, from any loss, liability and/or responsibility arising from any claims, legal proceedings, complaints or lawsuit filed by third party (including attorney’s fees) in connection with or is related to your access or use of the Platform in violation of these Terms of Use or applicable laws.
6. ASSIGNMENT
You shall not assign your rights, responsibilities or obligations under these Terms to any third party. City Dynamic, on the other hand, may assign its rights, responsibilities or obligations to its affiliates without having to obtain your consent or approval whatsoever.
7. SEVERABILITY
If any provision of these Terms is determined by a competent court to be invalid, illegal, or unenforceable for any reason, such provision shall be deemed modified and interpreted so as best to accomplish the objectives of the original provision to the greatest extent permitted by law, and the remaining provisions of these Terms shall continue in full force and effect.
8. GOVERNING LAW AND JURISDICTION
8.1 These Terms, and any dispute or claim (including any non-contractual dispute or claim) arising out of or in connection with the use of this Platform, shall be governed by and construed in accordance with the laws of Thailand. 8.2 You agree that the courts of Thailand shall have exclusive jurisdiction to settle any dispute, controversy, or claim arising out of or relating to these Terms or their subject matter or formation.
9. CONTACT US
If you have any questions or concerns regarding these Terms, please contact City Dynamic at +66 2112 2160