Definitions

“Jamore”

means the software for the centralised and fully integrated management of personnel and payroll work (BIOSOFT), which Jamour Corporation Limited, hereinafter referred to as “Jamour”, has produced, developed and provided, by Jamour Corporation Limited and the companies in its group, Jamour (Thailand) Company Limited and Biosoft Corporation Limited, including business partners, with the objective of enabling the “User” to have convenience in the use of data, the management of data, including access to data and to various services from the use of “Jamore”.

Service Provider

means Jamour Corporation Limited, and the companies in its group, Jamour (Thailand) Company Limited and Biosoft Corporation Limited, including business partners, hereinafter referred to as “Jamour” or the “Service Provider”.

User

means the user or the data provider of a customer organisation or company who uses any service on the “Jamore” website / software application of “Jamour” or the “Service Provider”.

Service

means access to data, the use of the products, software or various services of “Jamour” or the “Service Provider”.

Information for Requesting the Service

means the information used to access data or services through the “Jamore” website / software application, for which the User determines the various details of the information, such as the national identification number of the data, various details of the information, including the information required for the creation of electronic documents (i-Document), etc.

Controlling Agency of the Use of the Service

means the organisation, the customer company or the juristic person that is the provider of the data or of the services of the User, and which has the capability and the duty to manage the users in the use of the “Jamore” software application.

Co-Service Agency

means a person or a juristic person who jointly develops and facilitates the use of the “Jamore” software application.

User Account (User ID)

means the attribute or the set of attributes relating to a person which is unique and which is able to indicate or to distinguish that person in a given context (Identity), which has been collected and recorded in digital form, and which indicates or distinguishes a person in an electronic transaction with the Service Provider or the Controlling Agency of the Use of the Service.

Authenticator

means the thing that a person possesses and controls for use in authenticating themselves in order to transact with the Service Provider or the Controlling Agency of the Use of the Service, being in the form of a user identifier (User ID) and a password (Password).

These Terms and Conditions

means these Terms and Conditions for the use of the “Jamore” software application, and as amended (if any).

Additional Terms and Conditions

means any other agreement and conditions which are separate from these Terms and Conditions and which relate to the use of the “Jamore” software application, such as the Privacy Policy of the “Service Provider”, the Privacy Notice, the Data Processing Addendum and the cookie policy of the “Jamore” software application, which address the collection, the use, the processing and the disclosure of the personal data of Users for the performance of the mission of the Controlling Agency of the Use of the Service, etc.

Acceptance of the Terms and Conditions

1. The User acknowledges and agrees that the acceptance of these Terms and Conditions shall be deemed that the User has read, understood and agreed to be bound by the rules and the conditions specified in these Terms and Conditions.
2. The User acknowledges and accepts that the Service Provider may have terms and conditions of service, and that the User has read, understood and agreed to be bound by the terms and conditions of service of the Service Provider.
3. If the User does not accept these Terms and Conditions, or the Additional Terms and Conditions, or the terms and conditions of service of the Service Provider, please cease the use and request the cancellation of the use of the “Jamore” software application at the Controlling Agency of the Use of the Service and the Customer Support of the Service Provider, and/or through such other channels as the Service Provider determines.

Application for the Service

1. In using the “Jamore” software application, you must register in order to open a user account (User ID) and apply for use through the “Jamore” website / software application of the Service Provider, by the channels that the Service Provider determines. You must register with information that is accurate, true and current, and you must authenticate yourself in accordance with the procedures that the Service Provider determines.
2. In the event of a problem in applying for the Service, in registering, or in the determination of rights, the User may contact the Service Provider at the system administrator of the organisation or the customer company (the Controlling Agency of the Use of the Service) and the Customer Support of the Service Provider. In such case, the Service Provider may request the User to submit the necessary documents or to take any further action, such as submitting a copy of an identification document, for use in the authentication of the User.
3. The User may report faults, request further advice, or change the details of the Service, at the Controlling Agency of the Use of the Service and the Customer Support of the Service Provider, and/or through such other channels as the Service Provider determines.

Use and Safekeeping of the User Account

1. The user account (User ID) for which the User applies and registers is for the use of the User specifically, and the User is the sole owner of the account, whereby the User may not transfer the rights or the duties in the user account (User ID) to any other person.
2. For the security of the User, in the use through the “Jamore” website / software application, the following Authenticators are prescribed for use:
   • the password for accessing your user account (User ID), which must be created and set in the process of registering the user account, for use in the authentication for accessing the user account (User ID) and for submitting instructions for use through the “Jamore” website / software application and/or the services that are offered through the “Jamore” website / software application; and
   • the password (“Password”), which the user must create and set in the process of applying to use the “Jamore” website / software application, for use in the authentication for using the “Jamore” website / software application and/or the services that are offered through the “Jamore” website / software application.
3. The User must not disclose the Authenticator to any other person whatsoever, and the User must keep the Authenticator confidential and personal, because any instruction whatsoever that is submitted through the user account (User ID) and the password (Password) of the User by using such Authenticator shall be deemed a correct and complete instruction that binds the User as if it had been carried out by the User itself. If any damage arises from the loss or the disclosure of the Authenticator, or from any other cause, the Service Provider shall not be liable in any respect whatsoever.
4. The User may amend or change the Authenticator by itself, in accordance with the methods and the rules that the Service Provider determines.
5. In the event that the User forgets the Authenticator, the User may contact the system administrator of the Controlling Agency of the Use of the Service and the Customer Support of the Service Provider, and/or such other channels as the Service Provider determines.
6. The Service Provider may send electronic mail and/or email messages (Email) giving automatic notifications to the User at the address that the User has specified. Therefore, if the User changes its email or its electronic contact address, the User shall change such information at the system administrator of the Controlling Agency of the Use of the Service and the Customer Support of the Service Provider, and/or through such other channels as the Service Provider determines.
7. The User may suspend or cancel the user account (User ID) and/or the use of the “Jamore” software application at any time by itself, through the various channels as provided by the system administrator of the Controlling Agency of the Use of the Service and the Customer Support of the Service Provider, and/or through such other channels as the Service Provider determines. In this regard, the suspension of the user account (User ID) and/or of the use of the Service shall take full effect from the time when the Service Provider has received the notification from the User, whereby the Service Provider shall not be liable for any damage arising before such suspension or cancellation takes full effect. If the User wishes to revoke the suspension of the user account (User ID) and/or of the use of the “Jamore” software application as above, the User may carry out the revocation of the suspension by contacting the system administrator of the Controlling Agency of the Use of the Service and the Customer Support of the Service Provider, and/or such other channels as the Service Provider determines.

Use of the Services of the Service Provider

1. The User agrees and accepts that the various information regarding access to the service of the “Jamore” software application that the Service Provider and the Controlling Agency of the Use of the Service have received from the User is material to access to the service of the “Jamore” software application, whereby the Service Provider has no duty to verify any information further. Once the Service Provider has taken any action in accordance with the information referred to above, the Service Provider shall be deemed to have performed correctly and completely in all respects. If any defect or error arises from the action taken in accordance with such information, the User consents to be liable for the act and for the damage arising from such act in all respects, whereby the Service Provider shall not be liable in any respect whatsoever.
2. The User warrants that any image, name, symbol, mark and/or information of the User that is set up in order to be displayed or in order to carry out any action in the use of the service of the “Jamore” software application is true information and is the intellectual property of the User, and/or that the User has the lawful right to use it for such purpose; and if any damage arises to the Service Provider by reason of the use of such image, name, symbol, mark and/or information with the use of the service of the “Jamore” software application, the User agrees to indemnify the Service Provider for all of the damage that arises.
3. In the event that the User uses the Service or carries out various types of transactions through the “Jamore” software application and a defect or an error occurs, whatever the reason for which such defect or error occurs, the User agrees and consents that the Service Provider and the Controlling Agency of the Use of the Service shall have full authority to correct the defect or the error so as to accord with the facts. In this regard, the User agrees that all documents and content relating to the operations of the Service Provider and of the Controlling Agency of the Use of the Service, being the documents and content that the Service Provider has prepared in order to correct the defect or the error referred to above, are documents that are correct, complete and comprehensive and that may be used as legal evidence in all respects.

Duties of the Co-Service Agency

1. The Co-Service Agency has the duty to jointly develop, improve and maintain the service support system (Backend), including the infrastructure and the various related equipment of its own agency, so that they are able to connect and to work together with the “Jamore” software application efficiently.
2. The Co-Service Agency must respond (Response) to the information for requesting the service from the User within a reasonable period of time, whether in the case of an automatic response (Automatic Process) or of a response after the operation has been carried out by the officers of the Co-Service Agency (Manual Process).
3. The Co-Service Agency must provide security systems and measures that are appropriate to the infrastructure systems and the various related equipment of its own agency, in order to prevent the “Jamore” software application from being damaged, from being unable to work, or from anything else that affects the “Jamore” software application significantly and/or that has an adverse impact.
4. If the service support system (Backend) or the infrastructure and the various related equipment of the agency encounter a problem and are unable to provide the service to any one User or to all Users, the Co-Service Agency must notify the Service Provider and cooperate with the Service Provider in resolving the various situations so that the Users are able to return to using the Service promptly.
5. In the event that the Co-Service Agency is in the position of a data controller (Data Controller) having the authority to decide, to determine the form of and to determine the purposes of the processing of personal data under the Personal Data Protection Act B.E. 2562, the Co-Service Agency consents to entrust the Service Provider to act as the data processor (Data Processor) in accordance with the details specified in the Data Processing Addendum of the “Jamore” software application.

Completeness of the Use of the Service and the Binding Effect on the User

1. The User accepts that any record, evidence or document whatsoever that the User has prepared by reason of the use of the Service through the “Jamore” software application is correct in all respects, without any need for the User to verify or to sign it beforehand.
2. If any content, information and/or document and/or details that the User has made through the “Jamore” software application, in whatever form they have been submitted, contain an error or a defect, and the User wishes to request the correction of such error or defect, or to change any information, the User must notify the Service Provider and/or the Controlling Agency of the Use of the Service, by the channels determined, in advance in writing in the form that the Service Provider determines, together with copies of the relevant documentary evidence that is to be corrected or changed.
3. Any action for which the User has made a transaction in advance through the “Jamore” software application, before requesting the cancellation of such transaction made in advance with the Service Provider, the User agrees shall be deemed to remain valid and binding upon you, until the User has duly and completely made the cancellation of the transaction made in advance.
4. The User warrants that all content, information, documents and any details that appear and/or that have been made through the “Jamore” software application, in whatever form they have been submitted, are correct and genuine; and in the event that there is an error in the provision of the Service by reason of an error or a defect in such content, information and/or documents and/or details, or that any defect or error occurs, for whatever reason, the User agrees that the Service Provider, the Controlling Agency of the Use of the Service and the Co-Service Agency shall not be liable in any respect, and waives the right to bring an action requiring the Service Provider to pay any money or any damages arising from the error referred to above.
5. The User acknowledges and agrees that, when the User records, requests and receives information from the “Jamore” software application, “Jamore” acts only to receive and to forward the information and/or to store the Logs of the information of the use of the User. The Service Provider is unable to access the items and/or to interfere with the content of the information in order to change that information.
6. The User acknowledges and agrees that the contractual relationship (which includes claims and liabilities) between the Service Provider and the User in relation to the products and the services of the Service Provider is deemed to be a commitment between the Service Provider and the User only, whereby the Service Provider shall be directly liable to the User for any products and services whatsoever that are offered and provided to the User, whereby the Service Provider shall not be liable for the products and the services of the User.
7. The User agrees not to do anything whatsoever that has the effect of requiring the Service Provider or the Co-Service Agency to take part in a dispute between the User and any other person which relates to or is connected with the provision of the service of the “Jamore” software application under these Terms and Conditions; and if the User has any defence and/or claim whatsoever, the User shall proceed with the other person by itself.

Liability and Exclusions of Liability of the Service Provider

1. The Service Provider shall be liable to the User only in the following cases:
   1. The Service Provider must not deliver the user account (User ID) of the “Jamore” software application to any other person improperly.
   2. An item or a transaction is made through the service of the “Jamore” software application improperly and is not the fault of the User.
2. If, during the course of the various operations, the User is unable to connect to the “Jamore” software application, such operation shall be deemed to be unsuccessful; and if the User wishes to carry out any further operation, the User must connect to the “Jamore” software application in order to begin such operation anew.
3. The User agrees and accepts that the Service Provider and the Co-Service Agency shall not be liable for the inability of the Service Provider to comply with these Terms and Conditions, or for any transaction or use of any service that is unsuccessful or delayed (an unsuccessful transaction), by reason of any one of the following cases. In this regard, the Service Provider has the right not to provide the service on that occasion as the Service Provider sees fit, and the User shall not invoke such cause as a claim requiring the Service Provider to be liable for any damage whatsoever that arises:
   1. The User acts in breach of these Terms and Conditions, or of the Additional Terms and Conditions, or of the terms and conditions of service of the Co-Service Agency.
   2. In the case of force majeure and/or of any other cause for which the Service Provider and the Co-Service Agency are not liable, such as in the case where there is a defect, damage, malfunction or delay of the computer system, and/or the electrical system, and/or the internet network system (Internet), and/or the communication system, and/or the mobile telephone network system, and/or the various electronic devices, and/or any other system related to the provision of this Service, including problems concerning energy, the acts of third parties, which include intruders (Hackers), fire, natural disasters, protests, transport congestion, riots, war, computer viruses or various harmful data (Harmful Data), or any causes beyond the control of the Service Provider, which are an obstacle to the User accessing the Service, or to the Service Provider and the Co-Service Agency providing the service under these Terms and Conditions.
   3. The Service Provider and the Co-Service Agency have not yet received the documentary evidence supporting the request to use the Service from the User.
   4. There is any cause as determined by the Service Provider and/or by law.
   5. The Service Provider and the Co-Service Agency require a reasonable period of time to carry out the steps necessary for the provision of the Service.
   6. The Service Provider and the Co-Service Agency have a necessary cause, or an obstruction, or a reasonable cause, for whatever reason.
   7. In the event that the computer system or the communication system of the Service Provider and the Co-Service Agency, and/or of the affiliated companies involved in the provision of the services of the Service Provider and the Co-Service Agency, or of the User, or of the Internet Service Provider, or of the Mobile Operator, or the electrical system, the telecommunications communication system, or any other system related to the provision of the service, is defective or malfunctions, is in the course of repair, or is temporarily shut down for maintenance, causing the User to be unable to use the Service, the User agrees not to invoke such malfunction as a claim requiring the Service Provider and the Co-Service Agency and/or the affiliated companies to be liable in any respect.
4. The provision of the service shall not cover problems arising from the service support system (Backend) of the Co-Service Agency (if any) and from the use of the equipment that the User has procured by itself for the use of this Service. If the User wishes the Service Provider to investigate such problems, the User must make a written notification of such wish to the Service Provider, in order for the request of the User to be considered on a case-by-case basis.

Suspension and/or Termination of the Provision of the Service

1. If the Service Provider wishes to terminate the provision of the service of the “Jamore” software application, the Service Provider shall notify the User in writing at least 90 days in advance, or in accordance with a written agreement that has been jointly signed; and upon the expiry of such period, these Terms and Conditions shall be deemed to come to an end immediately. However, such termination of the provision of the service shall not extinguish the rights and/or the duties that the Service Provider and the User have towards each other by reason of anything whatsoever that was done before the use of the Service under these Terms and Conditions comes to an end.
2. Furthermore, the User agrees and accepts that the Service Provider has the right to suspend and/or to terminate the provision of the service immediately in the event that the User acts in breach of these Terms and Conditions, or of the Additional Terms and Conditions, or of the terms and conditions of service of the Co-Service Agency; or where there is an event causing the Service Provider reasonably to believe that the User is using the “Jamore” software application with a tendency to have a fraudulent intention and/or to cause another person to suffer damage; or where the User makes and/or uses forged documents in support of the submission of a request to use the service of the “Jamore” software application; or in the event that there is a changed circumstance by reason of the promulgation of a newly issued law, or a change of the law, or a change in the enforcement of any law, or in the interpretation of any law, order, regulation or requirement differing from before, or the issuing by the authorities of any new order, regulation or requirement, which has the effect of requiring the Service Provider to cancel, to suspend and/or to terminate the provision of the service of the “Jamore” software application immediately, whereby the User agrees not to claim that the Service Provider be liable for any damage whatsoever that arises.
3. The User agrees and consents that the Service Provider has the right to suspend and/or to terminate the service of the “Jamore” software application immediately, in the event that the User has not proceeded in accordance with the agreement on the service fee with the “Jamore” software application for a continuous period of 90 days from the date of the most recent payment of the service fee, or such other period as the Service Provider determines, without the Service Provider being required to give notice to, or to obtain the consent of, the Service Provider again. In this regard, the User agrees not to regard such act as depriving the User of benefit or causing the User to suffer damage, and shall not claim that the Service Provider be liable for any loss of benefit or any damage whatsoever that arises.
4. In the event that the Service Provider, upon investigation, finds that there has been a modification or an alteration of the equipment, including of the system of the equipment of the User that uses the service of the “Jamore” software application, such as the modification or the alteration of the operating system of an iPhone telephone (iPhone Operating System: iOS) (which is called Jailbreaking), or the modification or the alteration of the operating system of a telephone that uses Android (which is called Rooting), etc., the Service Provider has the right to suspend or to terminate the provision of the service of the “Jamore” software application of the User immediately, without the Service Provider being required to give prior notice to the User. This is for the security of the use of the Service by the User, and the User waives the right to claim any damages whatsoever from the Service Provider in all respects.
5. The Service Provider has the right not to provide the service, or to suspend or to terminate the provision of the service at any time, by giving notice to the User not less than 30 days in advance, except in the case where the Service Provider is of the view that proceeding under these Terms and Conditions may be contrary to the law, or to public order, or to the good morals of the people; or where there are circumstances giving reason to believe that there is a use of the service or a making of transactions in the nature of a Robot, or fraudulently or improperly in any respect whatsoever; or where it may give rise to an effect on the overall provision of the services of the Service Provider, or where there is a problem concerning security, or where there is a necessary cause to maintain or to repair the service of the “Jamore” software application or the related systems used in the provision of the service, or where there is any other necessary cause of which notice cannot be given in advance.

Security and Personal Data

1. The Service Provider has selected technologies and security measures for the making of transactions on computer networks, in order to protect the information of the User during the transmission of information through communication networks, or from the theft of information by any person or any other network of any system that has not been authorised to connect to the network of the Service Provider, such as a Firewall and Secured Socket Layer (SSL) encryption, etc.
2. The Service Provider attaches importance to the protection of personal data, as appears in the Privacy Notice, the Data Processing Addendum and the cookie policy of the “Jamore” software application.
3. The User consents to the Service Provider, or to a person assigned by the Service Provider, being able to access the personal data of the User for the benefit of verification, or of authentication, or of resolving problems, as well as of supporting the service during the use of the Service, as requested by the User, or in order to give notifications and to contact and coordinate with the User as necessary.

Contact and Service of Notices

Notices or other communications under these Terms and Conditions, or in connection therewith, must be made in writing and delivered in person or by post or by email to the other party, at the following addresses:

Governing Law

These Terms and Conditions shall apply and be governed by Thai law, and the Thai courts shall be the courts having jurisdiction to adjudicate disputes arising under these Terms and Conditions.

Amendment of the Agreement

The Service Provider has the right to amend, to change and to supplement these Terms and Conditions and any details relating to the website / application, the “Jamore” software application, including the Additional Terms and Conditions, without prior notice to the User.

General Provisions

1. The Service Provider may find it necessary to disclose the information of the User to the officers or agencies of the State, when the Service Provider has received a request or has received an order, or where it is compliance with or the exercise of powers under the law, notifications or regulations of the authorities.
2. The Service Provider has the right to transfer any rights and/or duties whatsoever under these Terms and Conditions to any other person, without having to request consent or to give prior notice to the User; but any rights and/or duties whatsoever under these Terms and Conditions of the User may not be transferred to any other person, unless prior written consent has been obtained from the Service Provider.
3. In the case where these Terms and Conditions are made both in the Thai language and in the English language, and there is any conflicting or inconsistent wording between such languages, the Thai language version shall prevail.