Terms and Conditions

Last Updated: April 20, 2024

Welcome to VividPlanet. These Terms and Conditions ("Terms") govern your use of the VividPlanet website (https://vividplanet.com) and any related services provided by VividPlanet ("we," "us," or "our").

By accessing our website or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or services.

1. Acceptance of Terms

By accessing and using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms. We reserve the right to modify these Terms at any time. Any changes to these Terms will be posted on this page with an updated "Last Updated" date. Your continued use of our website after any modifications indicates your acceptance of the updated Terms.

2. Account Registration

To access certain features of our website or to make a purchase, you may need to register for an account. When registering, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password confidential and secure
• Be responsible for all activities that occur under your account
• Notify us immediately of any unauthorized use or security breach

We reserve the right to suspend or terminate your account if we suspect any fraudulent, abusive, or illegal activity associated with your account.

3. Products and Services

3.1 Product Information

We strive to provide accurate product descriptions, pricing, and availability information. However, we do not warrant that product descriptions, pricing, or other content on our website are accurate, complete, reliable, current, or error-free. In the event of a pricing error or product description discrepancy, we reserve the right to correct the error and/or refuse or cancel orders.

3.2 Product Availability

All products offered on our website are subject to availability. We reserve the right to discontinue any product at any time and to limit quantities of any product ordered.

3.3 Colors and Appearance

We make efforts to display product colors and images as accurately as possible. However, we cannot guarantee that your computer or mobile device's display will accurately reflect the actual color or appearance of the product.

4. Orders and Payments

4.1 Order Acceptance

Your receipt of an order confirmation does not constitute our acceptance of your order. We reserve the right to accept or decline your order for any reason, including but not limited to product availability, errors in product or pricing information, or suspected fraudulent activity.

4.2 Payment

You agree to provide current, complete, and accurate payment information for all purchases. By submitting your payment information, you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order, including taxes, shipping, and handling charges.

4.3 Taxes

You are responsible for paying any applicable taxes related to your purchase. For customers in Thailand, we will collect and remit the appropriate VAT.

5. Shipping and Delivery

5.1 Shipping Methods and Fees

Shipping methods, delivery timeframes, and fees will be presented during the checkout process. We ship primarily within Thailand, but may offer international shipping to select countries.

5.2 Delivery Estimates

Any delivery dates or times provided are estimates only and not guaranteed. We are not responsible for delays due to shipping carrier issues, customs clearance, or other circumstances beyond our control.

5.3 Risk of Loss

The risk of loss and title for items purchased pass to you upon delivery of the items to the shipping carrier.

6. Returns and Refunds

Our return and refund policy is outlined in our separate Refund Policy, which is incorporated into these Terms by reference.

7. Intellectual Property

7.1 Website Content

All content on our website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of VividPlanet or our content suppliers and protected by Thai and international copyright laws.

7.2 Trademarks

VividPlanet and all related logos, product and service names, designs, and slogans are trademarks of VividPlanet or our affiliates or licensors. You may not use these marks without our prior written permission.

7.3 Permitted Use

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our website for personal, non-commercial purposes. You may not:

• Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or content obtained from our website
• Use any data mining, robots, or similar data gathering and extraction methods
• Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information
• Use any meta tags or other "hidden text" utilizing our name or trademarks

8. User Content

8.1 User Reviews and Submissions

By submitting reviews, comments, suggestions, or other content to our website, you grant us a perpetual, irrevocable, royalty-free, worldwide, sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media.

8.2 Prohibited Content

You agree not to post content that:

• Is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties
• Contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam"
• Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity

We reserve the right, but not the obligation, to remove or edit such content at our sole discretion.

9. Prohibited Activities

You agree not to engage in any of the following activities:

• Violating any applicable laws or regulations
• Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running our website
• Using our website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use
• Attempting to gain unauthorized access to our website, user accounts, or computer systems
• Using any automated means to access our website or collect any information from the site
• Using our website for any purpose that is unlawful or prohibited by these Terms

10. Disclaimer of Warranties

YOUR USE OF OUR WEBSITE AND SERVICES IS AT YOUR SOLE RISK. OUR WEBSITE AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE THAT OUR WEBSITE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR WEBSITE MAY NOT MEET YOUR EXPECTATIONS.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE OUR WEBSITE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OUR WEBSITE; (iii) ANY CONTENT OBTAINED FROM OUR WEBSITE; AND (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN ANY EVENT, OUR AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST SIX MONTHS.

12. Indemnification

You agree to defend, indemnify, and hold harmless VividPlanet, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of our website.

13. Third-Party Links

Our website may contain links to third-party websites or services that are not owned or controlled by VividPlanet. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that VividPlanet shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

14. Termination

We may terminate or suspend your access to our website immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use our website will immediately cease.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Thailand, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in Bangkok, Thailand, and you hereby consent to the personal jurisdiction and venue therein.

16. Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, shall be settled by arbitration in accordance with the Arbitration Rules of the Thailand Arbitration Center. The arbitration shall be conducted in Bangkok, Thailand, in the English language by one arbitrator appointed in accordance with said rules. The decision of the arbitrator shall be final and binding upon both parties.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

18. Entire Agreement

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and VividPlanet regarding your use of our website and supersede all prior and contemporaneous written or oral agreements, understandings, or communications on that subject.

19. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

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