Acceptance of Terms

Effective Date: 23 April 2012

Using this website, using a Stamp application or proceeding with the Stamp registration process signifies your consent to this Terms of Use agreement ("Agreement") with Mobiliti Co., Ltd. ("Stamp," "we" or "us"). Stamp may update or modify this Agreement at any time. You are welcome to review this agreement at any time at http://www.getmystamp.com/terms. We will update the date on the Agreement whenever changes are made. You signify your consent to the amended Agreement by accessing or continuing to access the site or application after the amended Agreement is posted.

Description of Service

Stamp is an online customer relationship management service that includes loyalty program, messaging, email and other geo-location features (referred to as "the Service" or "Stamp's Service"). You understand and agree that the service is provided on an as is and as available basis. Stamp disclaims all liability and responsibility for the availability, responsiveness, reliability, or security of the Service. Stamp reserves the right to suspend, modify, or discontinue the Service at any time without notice.

Eligibility

You must be 13 (thirteen) years or older to use the Service. If you are at least 13 (thirteen) but less than 18 (eighteen) years old, you certify that you have a parent's consent to use the Service. Any registration, use or access to the Service by anyone under 13 (thirteen) is a violation of this Agreement and is strictly prohibited. You agree that the information you provide is true, accurate, current, and complete. As your information changes, you agree to update that information as soon as is practical. By agreeing to these terms, you agree that you are NOT legally incompetent or quasi-incompetent and that you have all the necessary right and authority to enter into this Agreement.

Sharing

For some features, the Service will allow you to share your private information with other users and to publish this information on the Internet. Stamp will automatically share your activity to third-party websites such as Facebook, and the Service will make a reasonable attempt to explain the consequences of your actions. In order to opt out, you will need to do so manually. Stamp disclaims all liability and responsibility for the unforeseen consequences of sharing private information, or for you accidentally sharing information that you intended to keep private.

Privacy

We understand that your privacy is important. Please view our Privacy Policy, which is hereby incorporated by reference. By using the Service, you are consenting to have your data transferred to and processed in Thailand. We intend to keep your data private. However, no system is perfect, and Stamp will not be liable for access to your information on the Service by others.
You agree that Stamp may monitor or disclose your personal information, if required to do so in order to comply with any valid legal process or governmental request or court order.
Stamp reserves the right to access, read, archive, monitor, and disclose any information it reasonably believes is necessary to:
1. enforce this Agreement, including investigation of potential violations hereof
2. protect the rights, property or safety of Stamp, its users and the public
3. satisfy any applicable law, regulation, legal process or governmental request
4. detect, prevent, or address fraud, security or technical issues
5. respond to user requests for support

By using Stamp you consent to our using your phone number or email address to send you Service-related notices, including any notices required by law, instead of communication by postal mail. We may also send you other messages via SMS or email, including changes to features of the Service and special offers.
Stamp reserves the right to utilize your usage and location data to identify, generate and show you content-targeted promotions. This will only be done through a secure, anonymous, and automated process. None of your content or personal information will be shared with any party, beyond the terms specified in this Agreement, in any non-anonymous way that can be associated with you.

Stamp's Intellectual Property Rights

You agree that Stamp and its licensors own all right, title and interest in and to the Service (except user content and the content of communications appearing on the Service), including without limitation all intellectual property rights, and such rights are protected by Thailand and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, distribute, alter, modify, license, or create derivative works from the Service without expressed written consent from Stamp, or without using specific software interfaces provided by Stamp for their intended purposes. You also agree that you will not use any automated device, robot or spider, or manual process to monitor or copy any content from the Service. Stamp's intellectual property rights include the Service developed and provided by Stamp, as well as all software associated with the Service.
Stamp's rights do not include third-party content used as part of Service, your content, or any other user's content or content of communications appearing on the Service.

Third-Party Websites, Advertisers or Services

Stamp's Service may contain links to third-party websites, advertisers, or services that are not owned or controlled by Stamp. If you access a third party website from the Service, you do so at your own risk, and you understand that this Agreement and Stamp's Privacy Policy do not apply to your use of such sites. You expressly relieve Stamp from any and all liability arising from your use of any third-party website or services or third party owned content.

Indemnification

You agree to indemnify and hold harmless Stamp, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney fees) arising from any violation of the Terms. This indemnification obligation will survive these Terms and your use of the website for 12 (twelve) months.

No Warranty

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. STAMP DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE STAMP SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND STAMP WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STAMP, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE, EVEN IF STAMP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL STAMP, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO STAMP IN THE PREVIOUS SIX MONTHS FROM NOTIFICATION.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled from its facilities in Thailand. Stamp makes no representations and warranties that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Terms of Agreement

While we look forward to providing you with excellent service for a long period of time, you may cancel your Stamp account at any time with no further obligation to Stamp by following the instructions available from the Service.
Stamp may terminate your account and your usage of the service at any time without notice. If this happens, you will be entitled to a refund, if applicable, as per the terms of our Refund Policy.

Governing Law

This Terms of Service, Privacy Policy and other related documents as mentioned in this Terms of Service and Privacy Policy shall be governed, construed and enforced according to the laws of Thailand.

Last updated: 23 April 2012

We at Stamp have clear objectives regarding privacy and have created this privacy statement ("Statement") in order to demonstrate our commitment to customer privacy. This policy governs all Stamp applications and the site www.getmystamp.com (“Site”).
There is little data on the Internet that is more private or sensitive than your location data. Your Stamp data will only be collected, used, and shared as outlined in this Privacy Policy.
We have established this Statement as a means to communicate our information gathering and dissemination practices to our customers and visitors. This online Privacy Policy describes how we use, disclose and protect personal information that you share with us. "Personal Information" is information that enables us to identify you, such as your name and e-mail address.

Information we collect and how we use it:

COOKIES
Cookies are small files sent to your computer. A cookie does not collect personal information about you. If you select the "remember me" option when you login, Stamp uses a cookie to remember your computer and help you login faster from that computer. If you change your mind, you can remove cookies by following your web browsers’ directions. Stamp also uses session cookies to manage your connection while you are logged in, which are temporary and will be eliminated after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of Stamp may not function properly if the ability to accept cookies is disabled. None of the information within these cookies is tied to your personal information.
We may from time to time engage third parties to track and analyze non- personally identifiable usage and volume statistical information from visitors to our Site to help us administer our Site and improve its quality. These third parties may use cookies to help track visitor behavior. These cookies will not be used to associate individual website visitors to any Personal Information.

REGISTRATION
When you select to register an account on our Site or mobile application, we request you provide information, such as your name, email address, user name, password, phone number, gender, and date of birth to register your account. Stamp uses this information to provide services to you, and it is not shared with any third parties for their promotional purposes.
FROM YOUR WEB BROWSER
When you use Stamp, we record and maintain a log of requests sent by your browser to our web servers. This information includes information such as the URL that was used to view our website, your PC’s Internet Protocol address, and the time of the request. We may use different types of technologies to collect this information, such as log files and GIFs. This aggregate, non-Personal Information we collect is used to improve the quality of our services—for example, by diagnosing service or technology problems, or assessing and maintaining security. We may also conduct research on information we collect to determine user demographics, interests, and behavior. None of this collected information contains personal information.
Information Sharing
Stamp will not rent or sell your information to third parties for their promotional purposes. Stamp may share your Personal Information with entities outside of Stamp in the following limited circumstances: If we have your consent. We would require opt-in consent for the sharing of any sensitive Personal Information. As we have no current or planned needs for this Stamp does not have any opt-in consent at this time and no information is being shared as a result.
To our subsidiaries, affiliated companies or other trusted businesses or persons acting as a service provider on behalf of Stamp.
If we have a good faith belief that disclosure of the information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request such as in complying with a formal request in a civil action, court order, subpoena or judicial proceeding, (b) enforce our Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of Stamp, its users or the public as required or permitted by law.
In the event of the sale, acquisition or merger of some or all of Stamp’s assets, your personal information would likely be a part of the transferred assets. In the event of such an occurrence, we shall notify you via email what your available options are with regards to how your information is to be used henceforth.
We may share aggregate, anonymous, non-personal information with interested third parties in order to help them understand usage of the Stamp service. We may also provide your non-Personal Information to contractors so that they can perform services for us such as assisting us in improving our Site. Such information does not identify you individually, nor could it ever be used singly or in aggregate to identify you.
Stamp provides links to third-party websites. Our Privacy Policy does not apply to, and we cannot control the activities of, third-party websites. You should consult the privacy policy of any other website you visit from links on the Stamp service.
How We Protect Your Information
Stamp has security measures in place to help protect against the loss, misuse, and alteration of the Personal Information and data under our control. This Site uses industry standard measures to protect the security of your information. This is not a guarantee that your information may not be accessed or disclosed by a breach of our systems as no form of security is ever 100% secure. We take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. You are responsible for maintaining the secrecy of your unique password and account information at all times.

Your Choices About Your Information

You may choose not to submit Personal Information through Stamp, in which case Stamp may not be able to provide certain services to you (i.e. if you choose to omit your date of birth, merchants will be unable to send you special promotions designated for your birthday). You may update or correct your account information and preferences at any time by logging in to your account. However, you cannot update your date of birth once it has been registered, in order to prevent fraud in our system and to protect our merchants. You can review and correct the information about you that Stamp keeps on file by contacting us directly at privacy@getmystamp.com.
Changes to Our Privacy Policy
If we change our privacy policies and procedures, we will post those changes on our website to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it. You are bound by changes to the Privacy Policy when you use the site after those changes have been posted. In the event of a material change to our Site or information practices, we shall notify you via email and a prominent notice on our Site.
Data Storage
Stamp uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run Stamp. Stamp owns the code, databases, and all rights to the Stamp application and all information on www.getmystamp.com is governed by this Privacy Statement. You retain all rights to your data. These third parties are not allowed to use your personal information for any promotional purposes.
Testimonials
We sometimes post customer testimonials on our web site, which may contain Personal Information such as the customer's name. We always obtain the customer's consent prior to posting the testimonial to post their name along with their testimonial. We are not responsible for any personal information a user elects to submit on our Site within their testimonial.
Email a Friend
When you select to invite your friends to Stamp, we collect your friend's email information to send this one time email. This information is not used for any other purposes unless they register on our Site.
Questions
If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this Web site, please contact us by email at privacy@getmystamp.com.