iCONS Terms & Conditions of Service

These Terms and Conditions are applicable for the Services (defined below) and are applicable to all the Devices (defined below) through which the Services may be accessed.
1. Definitions
The following words shall have the following meanings, whether they are singular or plural:
Company/iCONS (sometimes referred to as the Company/us/we/our) shall mean Information Construction Co., Ltd.
You/customer/user/service user shall mean any person who uses the Company's services and may include registered members.
Member/Corporate Member shall mean any user, company or organization paying a membership fee to use the services.
Username/user account shall mean the user's online account used to access the services.
Password shall mean the user's secret password used to access the services.
Services shall mean the services, data or other attributes provided by us.
Share shall mean to divide and distribute in shares; apportion.
Terms of Service shall mean the terms and conditions for the supply of the services.
IP Address shall mean a numerical code used to indicate the location of a computer and allow it to communicate with other computers over the internet.
Website/Site shall mean www.icons.co.th
Device shall mean computer, mobile telephone, digital tablet, personal digital assistant or any other device linked to the system of the Company to access the services.
Separate Terms and Conditions shall mean documents released or uploaded by the Company that pertain to the Services, under the title “agreement”, “guideline”, “policy” and the like.
2. User account and password
There are two categories of user account.
2.1 Temporary user account, or free trial user account:
iCONS will provide a temporary username and password with an exact expiration date to a user in this category. The user cannot change the username and password. The right to access information and use the services shall be limited to the extent as defined by the Company.
2.2 User account for member:
Username and password for a member will be provided by iCONS and sent to that member via a designated channel. In case a password is forgotten, the member will reset it and submit it to a person whom he/she has authorized, and for whom iCONS has acknowledged as the member's representative, who will forward the reset password to iCONS on his/her behalf. The reset password must also be submitted to iCONS via a channel agreed by both the member and iCONS. Right to information access varies depending on the membership agreement.
3. Terms and agreements
You agree to comply with these regulations listed below in your use of our Services.
3.1 Your password and account are for your personal use only. You must not give, transfer or share your user account and access rights with any person, agency, or organization, unless that you are a permanent employee of a Corporate Member and its affiliate on the day the user account is used.
3.2. All data, content and systems on www.icons.co.th are the property of the Company. You must not directly or indirectly duplicate, reproduce, sell, distribute or disseminate to the public such materials for whatever reason.
3.3. You are responsible for maintaining the confidentiality of the password and account. You are not permitted to sell, distribute or disseminate them to the public for whatever reason.
3.4. You must log out from the system every time after use and you agree to immediately notify the Company of any security breach of your account.
3.5. You are fully responsible for all activities that occur on www.icons.co.th under your account.
3.6. All activities that occur on www.icons.co.th under each user account are the personal right of that member. Other members or authorized persons cannot access personal information or activity of that member.
3.7. The Company has standard procedures and systems in place, as required by law, to prevent a data breach.
3.8. You will not, directly or indirectly, use the services in any way that causes damage to the public interest and breaches any applicable law, public order, good morals, regulation, mandate, announcement, recommendation, or order issued by a court, organization, and/or any other relevant agency.
3.9. You will not, directly or indirectly, use the Services for any purpose outside the scope of or contrary to these Terms of Service and our privacy policy.
3.10. You will not, directly or indirectly, use the Services in any way that disturbs, interferes with, restricts, destroys, steals, or attempts to access our systems and /or commit any action that breaches Terms of Service or recommendations stipulated by us.
3.11. You will not, directly or indirectly, use the Services in any way that interferes with, disturbs, restricts, destroys, steals, or attempts to access personal information or activity and/or commit any action that violates the personal rights of other members.
3.12. You will not, directly or indirectly, use the Services in any way that damages or may damage the credibility, reputation, service, service quality and/or the property of the Company or of others.
3.13. You will not, directly or indirectly, use the Services in any way that violates the intellectual property of the Company or of others.
3.14. You will not, directly or indirectly, exploit the Services in any unauthorized or illegal way whatsoever.
3.15. You will not, directly or indirectly, use the Services to send junk email, spam or chain letters.
3.16. You may not remove data from our systems unless you use designated channels to do so.
3.17. The Company reserves the right to control, supervise or suspend services temporarily or permanently if you are found to have engaged in irregular behavior in connection with your removal of data from our systems; infringed the rights of, or posed a risk to the Company.
3.18. The Company reserves the right to suspend your account temporarily if we discover inappropriate or irregular use of your account, e.g., attempts to guess passwords or input data that may have a negative impact on the systems. Suspension period is determined on a case-by-case basis or terms and conditions specified by the Company. The user account shall be returned to you immediately after we have completed our investigation procedures and the situation has returned to normal. The Company reserves the right to change or modify the terms and conditions under which this Site is offered at any time without prior notice.
3.19. The members have the right to change their personal information and passwords through designated channels.
3.20. The members have the right to change access to their information and systems in accordance with the Terms of Service.
3.21. The members have the right to access a system to check date, time and IP address carried out under their accounts.
4. Software system of the iCONS service
As a registered member, you acknowledge and understand that our software provided as a service on www.icons.co.th is a valuable business asset or has a commercial value; shall be considered confidential information; and is protected by all applicable domestic and international intellectual property laws. You agree to the use of our services in accordance with our regulations and objectives. You agree not to take any action that directly or indirectly causes damage or infringes the Company's rights in respect of the software. By using our software service, you agree to be bound by the terms and conditions set forth below.
4.1. We may improve, change, modify, download, upgrade, update, add or remove features or functions, or adjust settings within our software at any time to ensure that customer information remains safe as well as providing more effective, up-to-date and proper customer service.
4.2. We grant each member the right to use our software in combination with the Site and Services. Such right cannot be transferred to any third person and does not belong to any specific member. You agree to use the software, the Site and the Services strictly in accordance with the terms and conditions set out herein, unless stated otherwise.
4.3. When a user account is suspended for any reason, whether temporarily or permanently, we will immediately suspend the use of software as well.
4.4. In the event that we grant a person, who is not a registered member, the right to use any portion of the software at no charge, such right shall be considered as a specific temporary measure. We reserve the right to change or modify the above-mentioned software service as well as suspend it, whether temporarily or permanently, at any time without prior notice.
4.5. Better software features/functions may be provided to the members who will be charged for the service. Members can choose to use or not use such service.
4.6. Members are not allowed to develop our software, conduct backward engineering processes, crack passwords, or extract source code, whether in whole or in part.
5. Personal Data Protection
5.1 The Company places its highest priority on the privacy of its users.
5.2 The Company promises to protect the privacy and personal information of its users in accordance with iCONS Personal Data Protection Policy.
5.3 The Company promises to exercise the utmost care and attention regarding its security measures for the continued security of any and all user information.
6. Restrictions
Users shall not engage in the following activities when using our service:
6.1 Activities that violate the law, court verdicts, resolutions or orders, or administrative measures that are legally binding.
6.2 Activities that may be contrary to public order or good morals.
6.3 Activities that infringe intellectual property rights such as copyrights, trademarks and patents, fame, privacy and other rights of the Company and/or a third party granted by law or contract.
6.4 Other activities that are deemed by the Company to be inappropriate.
7. Modification of the Terms & Conditions
The Company may modify the Terms and Conditions or Separate Terms and Conditions when the Company deems necessary, without providing prior notice to users. The modification will become effective once the modified Terms and Conditions or Separate Terms and Conditions are posted on an appropriate location within the website operated by the Company. By continuing to use the service, users shall be deemed to have granted valid and irrevocable consent to the modified Terms and Conditions or Separate Terms and Conditions. Users shall refer to the Terms and Conditions on a regular basis when using the Services, since a separate notification regarding the modification to Terms and Conditions may not be provided.
8. User Responsibility
8.1 Users shall bear all responsibility arising from their breach, such as false claims or violations of the Terms and Conditions.
8.2 The Company may take measures that the Company considers necessary and appropriate, if the Company acknowledges that a user is using the Services in a way which violates the Terms and Conditions. However, the Company shall not be responsible for correcting or preventing such violation towards users or others.
8.3 In the event that the Company has suffered loss/damage or has been charged an expense (including, but not limited to, lawyer's fees) directly or indirectly (including, but not limited to, cases where the Company has been sued for damages by a third party) due to the user violating applicable laws or the Terms and Conditions while using the Services, the user shall immediately compensate the Company upon its request.
9. Limitation of Liability
9.1 The Company does not expressly or impliedly guarantee that the Services (including the contents) are free from de facto or legal flaws (including but not limited to stability, reliability, accuracy, integrity, effectiveness, fitness for certain purposes, faults, errors, bugs, or infringements of rights). The Company shall not be responsible for providing the Services without such defects.
9.2 The Company shall not return the membership fee and shall not be responsible for any damages directly or indirectly inflicted upon members in relation to the use of the Services differently from that specified in the Terms and Conditions.
9.3 The Company shall not be responsible for any damages arising from an agreement between its member and a third party. The Company only provides database services and does not engage in any contacts, trade negotiations, or contracts made between its member and other persons or organizations.
9.4 The Company shall not return membership fee and shall not be responsible for any damages directly or indirectly inflicted upon members if the members fail to use the Services within the prescribed period of time by their own act except that such failure is caused by the Company's negligence which affects all of its members and that such cause must not include the Terms of Service.
10. Membership Termination
Members acknowledge and accept that iCONS has the right to cancel or terminate membership immediately if the member is found or suspected to have violated the Terms and Conditions. In such a case, iCONS shall cease all services without prior notice and may delete data and files relating to the membership or prohibit access to such files or services. It is agreed herein that, in taking such actions, iCONS must not be responsible to the member or any third party.
11. Copyright
All data, visual, audio, content and software on www.icons.co.th are the property of Information Construction Co., Ltd. according to intellectual property laws. The Company reserves all right to prohibit individual persons or organizations from the duplication, reproduction, modification or dissemination to the public of such materials for whatever reason.
12. การยอมรับข้อตกลง
การเชื่อมต่อมายังเว็บไซต์ www.icons.co.th ถือว่าท่านได้ตกลงยอมรับเงื่อนไขและข้อกำหนดในการใช้งานฉบับนี้แล้ว
13. About the Terms of Service and Privacy Policy
13.1 We can improve, change, modify or add new conditions to the Terms of Service and Privacy Policy at any time. It is agreed herein that in case of any parts of the Terms of Service or Privacy Policy being modified, the latest Terms of Service and Privacy Policy shall be applicable between the Company and its members, and shall be effective without prior notice of such modification. Members shall refer to our conditions on a regular basis when using the Services. Members who fail to accept such modification must stop using the Services immediately.
13.2 Certain sections or pages on this site may contain Separate Terms and Conditions, which are in addition to these Terms and Conditions of Service. In the event of any conflict between these Terms and Conditions of Service and Separate Terms and Conditions or any other additional terms and conditions, whether contained on this site or in a separate agreement between you and iCONS, the Separate Terms and Conditions or such additional terms and conditions shall govern to the extent of the conflict.
13.3 In the event that the members fail to comply with any provision of this Terms of Service and Privacy Policy, the delay to exercise any right or legal enforcement upon members shall not be deemed as a waiver thereof.
13.4 In the event that any parts of this Terms of Service are voided or failed to be enforced, such parts shall not affect other parts in relation to the Terms of Service and Privacy Policy.
13.5 This Terms of Service and Privacy Policy are drafted under the laws of Thailand and shall be enforced and interpreted according to Thai laws. All disputes arising out of or in connection with the Terms and Policy shall be submitted to the exclusive jurisdiction of the courts of Thailand.
14. Governing Law
The use of this website or the interpretation of the Terms & Conditions in using this website shall be governed by the laws of Thailand.
2nd Issue
Updated on 31 October 2016