| Terms & Conditions
Kompass Online Information Service Terms & Conditions
Notice to users: Carefully read the following Terms and Conditions
and the Kompass Privacy Policy (which together comprise the "Agreement")
which govern the use by you ("the User") of this site
and the Kompass Service offered through it. By accessing the Kompass
International website at www.kompassth.com you are agreeing to the
terms of the Agreement.
Kompass International (Thailand) Co Ltd. ("Kompass")
and its franchised network comprising the Kompass Group ("We"
or "Us") take your privacy seriously. The Privacy Policy
contained at section 6 ("the Privacy Policy") explains
the steps We take to ensure information about you is kept secure
and confidential and you should read it carefully.
1. Kompass service
1.1 The Kompass Online Information Service ("the Kompass
Service") is a business information service managed centrally
by Kompass and includes the provision of business data and information
compiled and organised using a method developed by Kompass ("the
Kompass Data"), together with other information and services.
The Kompass Service includes information about the products and/or
services of third parties, and may permit access to information
and services provided by third parties ("Third Party Content").
1.2 Kompass reserves the right to amend, modify or suspend the
Kompass Service (or any part thereof) from time to time. This
Agreement represents the entire agreement between the parties
relating to the Kompass Service and supersedes any and all prior
promises, representations, agreements, statements and understandings
whatsoever which existed or may have existed between Kompass and
the User. Kompass may modify the Agreement upon notice published
over the Service.
2.Licence
2.1 Kompass grants to the User a personal, non-exclusive, non-transferable
licence ("the Licence") to access and use the Kompass
Service and the Kompass Data for internal purposes only upon the
terms of this Agreement. The User shall not assign, dispose of,
sub-license, or otherwise transfer its rights granted by this
Agreement and in particular the User shall not allow any person
(other than, where the User is a body corporate or business partnership,
its duly authorised employees) to use or have access to the Kompass
Data without the prior written permission of Kompass or the relevant
Kompass Franchisee. Any enquiries regarding multi or group use
should be sent to Kompass or the relevant Kompass franchisee.
3. Ownership and Intellectual Property Rights
3.1 The User acknowledges that the Kompass data forms a valuable
body of information and that the copyright, trade marks and all
other intellectual property rights in or relating to the Kompass
Service and the Kompass Data are and shall remain the property
of Kompass or its franchisees as the case may be or, in the case
of Third Party Content, its licensors. The User shall not alter
or remove any copyright symbol or any other identification or
information concerning the authorship or ownership of any of the
Kompass Data.
3.2 The User shall not copy (other than incidentally in the process
of viewing), market, re-sell, distribute, retransmit, publish,
carry on any automated browsing or downloading or otherwise transfer
or commercially exploit in any form any Kompass Data or Third
Party Content received via or in connection with the Kompass Service
other than for the internal purposes of the User's business. Using
the Kompass Data for "spamming" is expressly prohibited
- for example (and without limitation) the use of the Kompass
Data to send unsolicited messages for the purposes of marketing
or offering goods or services for sale.
3.3 Except to the extent permitted by law, the User shall not
reverse engineer, decompile, disassemble, alter or modify the
whole or any part of any software which is accessible via or in
connection with the Kompass Service.
3.4 Kompass and the Kompass logo are registered trade marks and
must not be reproduced for any reason.
3.5 The User shall not modify, adjust or alter any part of the
Kompass Service and shall not use software to access the Kompass
Service without permission, or use software that will corrupt
the Kompass Service in any way.
4. Liability
4.1 The User acknowledges that it must use its own skill and
judgement when using the Kompass Service and that it uses the
Kompass Service at its own risk and any use to which the User
puts information obtained from the Kompass Service shall be the
responsibility of the User. The User hereby indemnifies Kompass
against any loss, damage or liability whatsoever which may arise
directly or indirectly from the use of the Kompass Data by the
User.
4.2 The Kompass Data is collected by use of questionnaires, proof
lists and in depth interviews with the companies listed in the
Kompass Data. Much of the Kompass Data is provided to Kompass
by third parties. The accuracy and completeness of the information
collected depends on the co-operation of the listed companies.
Although Kompass undertakes to use all reasonable endeavours to
ensure that the information is as accurate as is commercially
possible, Kompass accepts no liability for the currency, usefulness
or any inaccuracy of the Kompass Data. The Kompass Service is
made available on an "as is" basis without any warranties,
terms or conditions of any kind, including (without limitation)
warranties, terms or conditions as to satisfactory quality, merchantability,
fitness for purpose or compliance with any description or generally
as to the quality of the Kompass Service, the Kompass Data or
Third Party Content whether express or implied, statutory or otherwise
which are hereby expressly excluded to the fullest extent permitted
by law.
4.3 Due to the nature of interactive services and the Internet
generally, Kompass gives no warranty or commitment that use of
the Kompass Service will be free from interruptions or errors,
and Kompass shall have no responsibility or liability in respect
of or arising out of any communications or network defects, delays
or failures (whether temporary or otherwise) while using the Kompass
Service.
4.4 Clicking on certain links within this site might take the
User to other sites and Kompass shall have no responsibility or
liability of any kind for the accuracy or content of any information
or any other aspect of any such sites.
4.5 Kompass shall under no circumstances be liable to the User
in respect of any claim by the User for indirect or consequential
loss or damage (including loss of profits or goodwill), whether
or not caused through negligence, relating to the Kompass Data
or any other information provided as part of the Kompass Service,
or its use by the User. Kompass shall not be liable, and shall
not otherwise be deemed to be in breach of this agreement, for
any failure to perform (or delay in performing) any of its obligations
hereunder caused by circumstances beyond its reasonable control.
5. Licence Fee and Security
5.1 If the User wishes to access certain parts of the Kompass
Service which are not freely available to all users ("Chargeable
Services"), the User will be required to pay non-refundable
fee(s) to Kompass (or as otherwise directed by Kompass) for access/subscription
units on the basis and at the rates specified by Kompass from
time to time.
5.2 Users may be offered the opportunity of paying for access
to the Kompass Service by sending credit card details over the
Internet. Like any other communication system, there are risks
of interception attached to sending information over the Internet.
Although Kompass has taken all normal precautions to minimise
the risk of interception, the User acknowledges that any information
is sent at the User's own risk and that Kompass shall have no
liability for the security of this information while it is being
transmitted.
5.3 In accessing any of the Chargeable Services, the User shall
comply with the terms and conditions of the service issued from
time to time by Kompass and in particular it will protect the
Kompass Data and the Kompass Service from access by unauthorised
third parties and will follow all instructions relating to the
security of the Chargeable Services issued by Kompass, use any
password or user identification (ID) or user name issued by Kompass
for accessing the Chargeable Services. The User accepts that it
is responsible for the use of any such security measures and warrants
that it will keep any such password, user identification or user
name or any other security mechanism or device confidential and
will not disclose it to any other person.
6. Privacy Policy
6.1 The information we collect
We will only collect personal information about you given by
you when you register with us or contact us for information. If
you are just browsing on this site, there is no need for you to
disclose any personal information, such as, your name, your contact
details or details about your credit/ debit card which we need
for the operation of our billing systems. We will always let you
have a copy of all personal information we have about you should
you request it subject to such charges as we are permitted to
make under relevant data protection legislation. You are able
to update and amend your personal information on-line at any time
through the "Users Services" section of this site.
Personal information comprised in the Kompass Data can be upgraded
and amended by the relevant individual sending an e-mail to info@kompassth.com.
6.2 Purposes for which we use information about our users
We collect information about our users so that we can inform
them of new offers, products and services which may be of interest
to them, to help us improve and personalise our services and any
services provided to you through our website. We also need to
process your personal information in order to operate our accounting
and billing systems.
Your information may be processed by third parties under contract
with Us in order to perform our arrangements with You.
6.3 Passing on information about you
We may disclose information obtained from you to third parties
as part of aggregate but not individual statistics to potential
advertisers, for example number of users, typical ages, locations.
We may store certain personal information and use this to offer
you personalised services, information and offers through our
services. Once you have given consent you can of course ask us
to stop providing such services to you at any time through the
"Users Services" section of this site.
In certain circumstances We may need to disclose information
about you if you breach the Terms and Conditions. We may also
disclose or access your account if required to do so by law or
any other Governmental body.
6.4 Security
Keeping information about you secure is very important to us.
However, no data transmission over the Internet can be guaranteed
to be totally secure. As a result, whilst We strive to protect
your personal information, We cannot ensure or warrant the security
of any information which you send to us whilst it is being sent,
and you send such information at your own risk.
6.5 Cookies
We may use cookies on the site to make it easier to use. For
further information see our FAQ's on cookies.
6.6 Transferring your information abroad
Information supplied by you to Us whether submitted by you via
this or other web sites will only be transferred to other countries
by Us or our agents for the purpose of performing contractual
obligations owed by us to you.
6.7 Automated Decisions
Part of the Kompass Information System and our billing process
are automatic and we may process your personal information as
part of our billing process.
The practices outlined above represent current (as of January
2001) data protection practices. To keep up with rapid technological
change we may from time to time review and revise these practices
.
If you have any questions relating to the Privacy Policy or how
we use the personal information we have about you, please contact:
info@kompassth.com.
7. Data
It is the responsibility of the User to ensure that it is complying
with the national laws of any state relating to the access of
the Kompass Data (for example, in Germany personal data must only
be accessed where the User has a legitimate interest in doing
so and records must be kept of the grounds for the legitimate
interest).
8. Equipment
The User shall be solely responsible for obtaining, operating
and maintaining all necessary computer hardware and software,
modems and telecommunication links which it requires to access
the Kompass Service.
9. Termination
Without prejudice to any other rights or remedies, Kompass may
at any time suspend the Kompass Service or terminate the Licence
forthwith if the User is in material breach of any of its obligations
under the Agreement or if the User goes into bankruptcy, liquidation
or administration, makes a voluntary arrangement with its creditors
or becomes insolvent or has a receiver appointed. Kompass will
under no circumstances be liable to refund all or part of any
fee (if any) in the event of the suspension of the Kompass Service
or termination of the Licence. On termination the User will immediately
destroy all copies of the Kompass Data it has acquired by use
of the Kompass Service.
10. General
10.1 Any notice given under this Agreement must be in writing
and delivered by hand, first class post, email or facsimile to
the relevant party to the address given by Kompass on this site
or the address given by the User on registration.
10.2 The headings in this Agreement are for convenience only
and shall not affect the interpretation of this Agreement.
10.3 Neither party shall be liable for any delay in performing
its obligations if such delay is caused by circumstances beyond
its reasonable control.
11. Confidentiality
11.1 The User will treat as confidential and keep secret all information
contained in or concerning the Kompass Service, and the method
developed by Kompass to compile and organise the Kompass Data.
The User will not disclose such information to any third party,
except to the extent that it is required to do so by law, or to
the extent that the information is public knowledge.
11.2 This clause will remain in full force and effect after termination
of this Agreement.
12. Governing Law and Disputes
This Agreement shall be governed by and construed in accordance
with the laws of England and Wales (excluding laws governing the
conflict of laws) and the parties submit to the jurisdiction of
the English Courts. This will not prevent Kompass from pursuing
a claim for breach of contract, copyright infringement or otherwise
in respect of this Agreement, the Kompass Service, or the Kompass
Data in any other jurisdiction throughout the world.
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