STAMP

TERMS OF SERVICE

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.