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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