Terms and Conditions of Service

Company

TONOW GROUP CO., LTD.

System Provider

TONOW GROUP CO., LTD.

System Applicant

an applicant for the service, in accordance with the standard application form prescribed by the Company

Platform

all platforms on which services are provided, namely shipping, sale of goods and document management

API System

the integration of service systems under the platform services

Service User

a person who uses services on the platform of the “Service Applicant”

Store System

the ready-made website prescribed as standard by the Company

Payment Service

the channel for receiving payment for goods/services provided by the Company

Top-up Service

a service that must be paid for in advance before use

Trademark Service

trademarks and service marks

1Right of Use

1.1The “System Applicant” may use the various service systems that are publicly available.

1.2The “System Applicant” may use the various API systems that are publicly available.

1.3The “System Applicant” may use the platform under the rights of the “System Provider”.

1.4The “System Applicant” may create, edit, delete and cancel all data in accordance with the rights determined by the system.

1.5The “System Applicant” may use the websites shop.tonow.net and epay.tonow.net as determined by the system.

1.6The “System Applicant” may display its company name and trade name on the store system pages, or as appearing on shop.tonow.net and epay.tonow.net, only.

1.7The “System Applicant” may sell goods and services that are lawful and in accordance with ethical principles, and shall not violate the law.

1.8The “System Provider” may use any trademarks, store names, business names, company names, other names, images, content or any information appearing in the system, and such use shall not be deemed an infringement of any kind.

1.9The “System Applicant” may not, in any case, use the system as an intermediary for third parties or affiliated stores.

1.10The “System Applicant” may not use any payment service other than as specified.

2Duties and Responsibilities of the “System Provider”

2.1The “System Provider” has the duty to maintain and monitor the API system to ensure its proper operation, and to assist and coordinate with the staff of the “System Applicant” in various cases as appropriate.

2.2The “System Provider” has the duty to supervise and monitor the operations of the “System Applicant” to ensure that they comply with the terms and conditions of service.

2.3The “System Provider” has the duty to supervise and monitor in order to prevent fraud or attempted fraud by Service Users.

2.4The “System Provider” has the duty to maintain, monitor and suspend the platform.

2.5The “System Provider” has the duty to maintain, monitor and suspend the API system.

2.6The “System Provider” has the duty to maintain, monitor and suspend the store system.

2.7The “System Provider” has the duty to maintain, monitor and suspend the payment service.

2.8The “System Provider” has the duty to suspend the service immediately if the system malfunctions, without being required to give prior notice.

2.9The “System Provider” has the duty to debit payments, issue refunds and cancel transactions, without being required to give prior notice.

2.10The “System Provider” has the duty to provide assistance on Mondays, Tuesdays, Wednesdays, Thursdays and Fridays, from 09.00 to 18.00 hrs. only, except on the annual holidays of the Service Provider, through the following channels: Email. support@tonow.net LINE. @tonow Website. Chat Support

3Duties and Responsibilities of the “System Applicant”

3.1The “System Applicant” has the duty to use the system in accordance with the terms and conditions.

3.2The “System Applicant” has the duty to monitor and prevent fraud or attempted fraud by Service Users.

3.3The “System Applicant” has the duty to create, edit, delete and cancel data in accordance with the terms and conditions.

3.4The “System Applicant” has no right to provide the “Platform” of the “System Provider” onward to any person or juristic person, or for any other service, other than as the “System Applicant” has notified to the “System Provider”. If it is found that the Platform has been made available onward without having requested permission from the “System Provider” and having obtained such permission in writing, the “System Provider” will suspend the service immediately, and the “System Applicant” shall be liable for all damages and expenses incurred.

4Service Fees

4.1Transaction fees charged by the “System Provider” to the System Applicant.

4.2The System Applicant agrees to pay the payment service fee and the installment fee for the payment service for goods/services charged via credit card installment payments, at the rates specified in Part 2 and in accordance with the billing cycle as agreed, and the System Applicant consents to the “System Provider” deducting such fees from the System Applicant's payments for goods/services paid by customers before remitting them to the System Applicant.

4.3The System Applicant consents to the “System Provider” amending the fee rates and the fee payment cycle as agreed, provided that the “System Provider” shall notify the System Applicant in advance.

4.4A System Applicant that is a juristic person has the duty to withhold income tax at source, at the rate prescribed by law, from the payment service fees paid by the System Applicant to the “System Provider”, and may submit the tax withholding documents and notify its request for a refund.

4.5The System Applicant consents to the “System Provider” amending, as agreed, the transaction fee rates that the System Applicant has agreed that the “System Provider” may charge to customers, and the System Applicant agrees to notify customers of the amended fee rates not less than 7 days in advance.

5Remittance of Payments for Goods and Services

5.1The System Applicant agrees that the “System Provider” shall remit to the System Applicant the payments for goods/services paid by customers, in accordance with the payment receipt report recorded and prepared by the “System Provider”, after deduction of fees in the case where the System Applicant has agreed that the “System Provider” shall charge transaction fees to the System Applicant, by transfer to a bank deposit account within the next bank business day from the date on which the customer pays for the goods/services.

5.2In the event that the System Applicant changes its receiving account information or the type of its bank deposit account, the System Applicant shall notify the “System Provider” in writing not less than 7 days in advance, and shall send a copy of the changed bank deposit account as evidence to the “System Provider”, and this agreement shall be deemed to apply to the new bank deposit account in all respects.

6Refunds for Goods and Services

6.1In the event that a customer expresses the wish to return goods/services to the System Applicant, or refuses to pay for goods/services, due to defects in the goods, or because the System Applicant has not delivered the goods/services on the date and at the time specified by the “System Provider”, or the customer has not received the goods/services or has received them incompletely, or in any other case, the System Applicant agrees that the “System Provider” shall proceed as follows:

6.1.1If the System Applicant has already received from the “System Provider” the payment for goods/services paid by the customer, the System Applicant shall refund such payment for goods/services to the customer immediately, except where the customer paid the System Applicant for the goods/services by credit card, in which case the System Applicant shall return the payment for goods/services to the “System Provider” for refund to the credit card account only in accordance with the conditions and methods prescribed by the credit card service provider, bank or payment service provider, and the System Applicant shall have no right to claim any additional expenses or damages from the customer. In the event that the “System Provider” has already refunded the payment for goods/services in advance to the customer, the bank or the payment service provider, the System Applicant shall return such payment for goods/services to the “System Provider” within 3 days from the date of notification by the “System Provider”, by transfer to the bank account of the “System Provider” according to the details that the “System Provider” will notify, or consents to the “System Provider” immediately deducting such amount from the payments for goods/services or any other money that the System Applicant is entitled to receive from the “System Provider”.

6.1.2If the System Applicant has not yet received from the “System Provider” the payment for goods/services paid by the customer, the System Applicant shall notify the “System Provider” in writing, with an explanation of the cause, so that the “System Provider” may further notify the relevant parties.

6.2In the event that a customer expresses the wish for a refund of the payment for goods/services, or refuses payment for goods/services to the bank, credit card service provider or payment service provider, due to forgery of a bank account/credit card number, forgery of documents for opening an electronic wallet service, or fraudulent or unauthorised use of a bank account/credit card number/electronic wallet code, then upon request by the customer, bank, credit card service provider, payment service provider and/or relevant parties, the System Applicant shall cooperate in investigating the facts. If it appears that there has in fact been forgery of a bank account/credit card number, forgery of documents to open an electronic wallet, or fraudulent use of a bank account/credit card number/electronic wallet, the System Applicant shall return such amount of the payment for goods/services to the “System Provider”, and the “System Provider” will then refund such amount to the bank account owner, cardholder, bank, credit card service provider, payment service provider or injured party, and the System Applicant shall have no right to claim any additional expenses or damages from the customer who is the injured party. In the event that the “System Provider” has already refunded the payment for goods/services to the customer who is the injured party, or to the account owner, cardholder, bank, credit card service provider or payment service provider, the System Applicant shall return such payment for goods/services to the “System Provider” within 3 days from the date of notification by the “System Provider”, by transfer to the bank account of the “System Provider” according to the details that the “System Provider” will notify, or consents to the “System Provider” immediately deducting such amount from the payments for goods/services or any other money that the System Applicant is entitled to receive from the “System Provider”.

6.3If the System Applicant returns the payment for goods/services to the “System Provider” later than the period specified in Clause 6.1 and/or 6.2 of this Part, the System Applicant agrees to pay interest to the “System Provider” at the rate of 15 percent per annum on the outstanding amount from the date of default until the System Applicant has fully repaid the “System Provider”.

6.4If the System Applicant suffers damage from refunding payments for goods/services under Clause 6.2 of this Part, the System Applicant agrees to claim the price of the goods/services, shipping costs, expenses or any damages from the recipient of the goods/services or the beneficiary of the goods/services itself, and agrees not to claim any expenses or damages whatsoever from the “System Provider” and/or the bank, credit card service provider or electronic wallet service provider.

7Right of Set-off

7.1The System Applicant consents to the “System Provider” applying the System Applicant's payments for goods/services or any other money of the System Applicant held with the “System Provider” to set off against any debt owed by the System Applicant to the “System Provider”. Assignment of Rights and Obligations

8Assignment of Rights and Obligations

8.1The System Applicant may not assign its rights and obligations under this agreement to any other person unless prior written consent has been obtained from the “System Provider”. Such consent shall not release the System Applicant from any liability or obligation under this agreement, and the “System Applicant” shall remain liable for any wrongdoing or negligence of the assignee in all respects. Amendment of the Terms of Service

9Tax Liabilities

9.1Tax liabilities shall be as prescribed by law, and the “System Applicant” agrees to be responsible for paying signboard tax, penalties, surcharges or any fees that arise or may arise from the operations on the part of the System Applicant as prescribed by law.

9.2If the “System Applicant” withholds tax at source (for certain services), it shall submit the documents and request a refund by email at support@tonow.net, and the “System Provider” will transfer the refund of the withheld tax within 30 days.

10Rights of the System Provider after Cancellation of Service

10.1Upon cancellation of the use of the system for any reason whatsoever, the “System Provider” has the right to delete all account data of the “System Applicant” and/or any other data recorded in the system or on the “Platform” within 7 days to 5 years, and the System Applicant shall not be entitled to claim any damages from the “System Provider”.

11Right to Suspend Use of the System

11.1In the event that the “System Provider” wishes to cancel the provision of the system, it shall notify the “System Applicant” not less than 7 days in advance.

11.2The “System Provider” has the right to suspend the provision of the system and/or terminate these terms and conditions of service immediately, without prior notice to the “System Applicant”, if it appears that the System Applicant has breached any term of this agreement, even a single one, or the System Applicant uses this service in a manner contrary to public order or good morals, or acts unlawfully, or breaches the regulations, requirements, orders or announcements of the System Provider, or where the System Provider needs to suspend the provision of the system to prevent any burden or risk that may arise, and the System Applicant agrees not to claim any damages from the System Provider.

12Exclusion of Liability of the “System Provider”

12.1If the “System Applicant” is sued or prosecuted by any agency and/or person and/or juristic person and/or any other party, the “System Applicant” shall not, in any case, associate and/or blame the “System Provider”.

12.2The “System Applicant” acknowledges that the provision of any service on the “Platform” may result in errors and/or defects in the system itself.

12.3The “System Applicant” acknowledges that the “Platform” may be subject to theft of system data and/or may be shut down for any reason, and the “System Applicant” may not bring any lawsuit and/or complaint and/or legal proceedings.

12.4If the “System Applicant” sells goods and services relating to unlawful items, the “System Applicant” shall be solely liable.

12.5The “System Applicant” acknowledges that use of the system may involve errors and/or defects in the system itself, and may not bring any lawsuit and/or complaint and/or legal proceedings.

13Force Majeure

13.1In the event of force majeure or any other event that renders the “System Provider” unable to provide services under these terms and conditions of service, the “System Applicant” agrees that the “System Provider” may consider the provision of services or take action as appropriate in order to provide services under these terms and conditions of service, and the System Applicant agrees to cooperate fully with the System Provider, in every possible way, in improving the System Provider's methods for the convenience of the System Applicant in the various services under these terms and conditions of service.

14Invalidity or Unenforceability

14.1If any provision of these terms and conditions of service becomes void, unlawful, invalid or unenforceable in any respect, the remaining provisions shall remain lawful, valid and enforceable by law, and shall not be affected by the voidness, unlawfulness, invalidity or unenforceability of such provision. Interpretation in Accordance with Law

15Interpretation in Accordance with Law

15.1These terms and conditions of service shall be governed by and construed in accordance with the laws of the Kingdom of Thailand, and the Thai courts shall have jurisdiction to adjudicate disputes arising under this agreement.

15.2The “System Applicant” agrees that the “System Provider” and the “System Applicant” shall be subject to the laws, rules, regulations, by-laws, orders and criteria, both those existing at present and those to be issued in the future. If there are changes to the relevant laws and rules, the System Applicant agrees that, in using the service, the System Applicant shall immediately comply with such amended relevant laws and rules as notified by the System Provider. If the System Applicant violates or fails to comply with the relevant laws and rules, causing the System Provider to be charged fines, damages and/or expenses, the System Applicant agrees to be responsible for and promptly compensate the System Provider for such fines, damages and/or expenses.

16Collection, Use and Disclosure of Data

16.1The “System Provider” will protect the personal data of the “System Applicant” and the “Service User” as prescribed by law, and the “Service User”, as the data subject, has the rights under the Personal Data Protection Act B.E. 2562 (2019). The Service User agrees and consents to the System Provider processing the Service User's personal data as specified as follows: 16.1. The “System Provider” will use the personal data of the “Service User” for the provision of various related services.

16.2The “System Provider” may disclose personal data under the criteria prescribed by law.

16.3The “System Provider” and/or the “System Applicant” and/or the Service User have the right to create, edit, delete and suspend data and personal data.

16.4The “Service User” agrees and consents to the “System Provider” collecting and using the Service User's data provided to the System Provider for purposes necessary for providing services to the Service User, whether relating to information technology, communications or any other work, the transfer of rights and/or obligations, compliance with law, supervision and audit, or administration and management, for any other purposes necessary for the operations of the System Provider, or to enable the System Provider to provide services completely and efficiently.

17Miscellaneous

17.1The “System Applicant” agrees to be bound by and comply with these terms and conditions of service, and agrees to pay the service fees and any expenses relating to the use of this service as determined by the “System Provider” and notified to the “System Applicant” by general announcement through the various channels of the “System Provider”, both those existing at present and those that the System Provider will newly determine or change in the future as the System Provider deems appropriate, in all respects.

17.2The “System Applicant” acknowledges the conditions and additional details, which may be studied further at https://www.tonow.net/faqs

17.3The “System Applicant” acknowledges the privacy policy and terms, which may be studied further at https://www.tonow.net/policy/privacy

17.4The “System Applicant” is not required to sign this document; signing in to use the system of the “System Provider” shall be deemed acceptance.