2.Information on HotNow
While every effort is made to update the information contained on HotNow, neither Red Anchor nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any pricing information, research information, data and/or content contained on HotNow (including but not limited to any information which may be provided by any third party or data or content providers) and shall not be bound in any manner by any information contained on HotNow. Red Anchor reserves the right at any time to change or discontinue without notice, any aspect or feature of HotNow. No information shall be construed as advice and information is offered for information purposes only and is not intended for any other purposes. You and/or your company rely on the information contained on HotNow at your own risk. If you find an error or omission at HotNow, please let us know at firstname.lastname@example.org.
3. Trade Marks
The trade marks, names, logos and service marks (collectively "trademarks") displayed on HotNow are all registered and unregistered trademarks of Red Anchor. Nothing contained on this HotNow should be construed as granting any license or right to use any trade mark without the prior permission of Red Anchor.
4. External Links
External links may be provided for your convenience, but they are beyond the control of Red Anchor and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links, you must refer to the terms and conditions of use for that external Website. No hypertext links shall be created from any Website controlled by you or otherwise to HotNow without the express prior permission of Red Anchor.
5. Public Forums and User Submissions
Red Anchor is not responsible for any material submitted to the public areas by you (which include public posts, comments, promotions, profiles, hosted pages, chat rooms, or any other public area found on HotNow. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by Red Anchor. Red Anchor reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to
5.1 defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties
5.2 publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information
5.3 post or upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of Red Anchor and/or a third party computer system and/or network
5.4 violate any copyright, trade mark, other applicable Thailand or international laws or intellectual property rights of Red Anchor or any other third party
5.5 submit content containing marketing or promotional material which is intended to solicit business
HotNow is not available to users under the age of 18, outside the demographic target, or to any HotNow members previously banned by Red Anchor. Users are allowed only one active account. Breeching these conditions could result in account termination.
Red Anchor on occasion will offer its HotNow members promotions. In connection with these promotions, any user that receives Rewards (prizes, credits, gift cards, promotions or other benefits) from Red Anchor through the use of multiple accounts, email addresses, falsified information or fraudulent conduct, shall forfeit any Rewards gained through such activity and may be liable for civil and/or criminal penalties by law.
By using HotNow, you acknowledge that you are of the legal age to form a binding contract and are not a person barred from receiving services under the laws of the Thailand or another applicable jurisdiction. You agree to provide true and accurate information about yourself when requested. If you provide any information that is untrue, inaccurate, or incomplete, Red Anchor has the right to suspend or terminate your account and refuse future use of its services. You are responsible for maintaining the confidentiality of your account and password, and accept all responsible for activities that occur under your account.
7. Cancellation Due To Errors
Red Anchor has the right to cancel an order at any time due to typographical or unforeseen errors that results in the product(s) on the site being listed inaccurately (having the wrong price or descriptions etc.). In the event a cancellation occurs and payment for the order has been received, Red Anchor shall issue a full refund for the product in the amount in question.
8. Specific Use
You further agree not to use HotNow to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify Red Anchor against any loss, liability, damage or expense of whatever nature which Red Anchor or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of HotNow to send or post any such message or material.
Red Anchor makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding HotNow, the information contained on HotNow, you or your company's personal information or material and information transmitted over our system.
10. Disclaimer of Liability
Red Anchor shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company). Along with result of or which may be attributable, directly or indirectly, to your access and use of HotNow, any information contained on HotNow, you or your company's personal information or material and information transmitted over our system. In particular, neither Red Anchor nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
The HotNow Credits and Programs and its benefits are offered at the discretion of Red Anchor. Red Anchor has the right to modify or discontinue, temporarily or permanently, the services offered, including the credit levels or the purchase price of the credits in whole or in part for any reason, at its sole discretion, with or without prior notice to its HotNow members. Red Anchor may, among other things, withdraw, limit, or modify; increase and decrease the credits required for any Offer related to Credits and Programs. By becoming a member of HotNow, you agree that the HotNow Credits and Programs will not be liable to you or any third-party for any modification or discontinuance of such Programs.
User agrees to indemnify and not hold Red Anchor (and its employees, directors, suppliers, subsidiaries, joint ventures, and legal partners) from any claim or demand. Including reasonable attorneys’ fees, from and against all losses, expenses, damages and costs resulting from any violation of these terms and conditions or any activity related to user’s membership account due negligent or wrongful conduct.
12. Use of the Website
Red Anchor does not make any warranty or representation that information on HotNow is appropriate for use in any jurisdiction (other than Kingdom of Thailand). By accessing HotNow, you warrant and represent to Red Anchor that you are legally entitled to do so and to make use of information made available via HotNow.
13.1 Entire Agreement. These HotNow terms and conditions constitute the sole record of the agreement between you and Red Anchor in relation to your use of HotNow. Neither you nor Red Anchor shall be bound by any expressed or implied representation, warranty, or promise not recorded herein. Unless otherwise specifically stated, these HotNow terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and Red Anchor in respect of your use of HotNow.
13.2 Alteration. Red Anchor may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting HotNow from time to time, you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the current version each time you visit HotNow.
13.3 Conflict. Where any conflict or contradiction appears between the provisions of these HotNow terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of HotNow shall prevail in respect of your use of the relevant section or module of HotNow.
13.4 Waiver. No indulgence or extension of time which either you or Red Anchor may grant to the other will constitute a waiver of or, whether by law or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
13.5 Cession. Red Anchor shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
13.6 Severability. All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non-script and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
13.7 Applicable laws. Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Thailand without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of Thailand in respect of any disputes arising in connection with HotNow, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
These terms and conditions are applicable to you upon your accessing Red Anchor’s Website HotNow and/or completing the registration or other programs. These terms and conditions, or any of them, may be modified or terminated by Red Anchor without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.
15. Cancellations and Returns
Orders can be cancelled if their credits have not yet been delivered. Once credits are delivered to the users account, they are no longer permitted to cancel. Any returns after that are handled on a case-by-case basis. Within reason, we will do what we can to ensure customer satisfaction. Unless there is something wrong with the purchase, we are generally unable to offer refunds.
The Red Anchor Credits and Programs and its benefits are offered at the discretion of Red Anchor. Red Anchor has the right to modify or discontinue, temporarily or permanently, the services offered, including the credit levels or the purchase price of credits, in whole or in part for any reason, at its sole discretion, with or without prior notice to its HotNow members. Red Anchor may, among other things, withdraw, limit, or modify; increase and decrease the credits required for any Offer related to Credits and Programs. By becoming a member of Red Anchor, you agree that HotNow Credits and Programs will not be liable to you or any third-party for any modification or discontinuance of such Programs.
For Delivery service, we are fully aware of our duty to keep all customers' information confidential. In addition to our duty of confidentiality to customers, we shall at all times fully observe the Personal Data (Privacy) Ordinance ("the Ordinance") in collecting, maintaining and using the personal data of customers. In particular, we observe the following principles, save otherwise appropriately agreed by the customers:
1. Collection of personal data from members shall be for purposes relating to the provision of logistics services or related services.
2. All practical steps will be taken to ensure that personal data are accurate and will not be kept longer than necessary or will be destroyed in accordance with our internal retention period.
3. Personal data will not be used for any other purposes other than the data that were to be uses at the time of collection or for purposes directly related thereto.
4. Personal data will be protected against unauthorized or accidental access, processing or erasure.
5. Members shall have the right for correction of their personal data held by us and that members’ request for access or correction will be dealt with in accordance with the Ordinance.
6. A member's personal data is classified as confidential and can only be disclosed by us where permitted by the Ordinance or otherwise legally compelled to do so.