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A D I N G

EULA

Radio Thailand User Agreement

Last modified: 01 August 2019

INTRODUCTION

Welcome to Radio Thailand!

Your use of RADIO THAILAND and the Content is subject to the terms of this Agreement between you and RADIO THAILAND. (“we“, “us” or “our“). While your contractual relationship is with us, all or parts of the RADIO THAILAND service may, however, be operated by one of our affiliate companies, RADIO THAILAND.

This Agreement” comprises of: (a) this RADIO THAILAND User Agreement; and (b) the following agreements generally applicable to users of Radio Thailand services:

  • Terms of Service (“Radio Thailand TOS“) – which sets out the general terms governing the relationship between you and us in relation to your use of RADIO THAILAND;
  • Privacy Policy – which sets out how we collect, store and use your Personal Information in RADIO THAILAND;
  • General End User Licence Agreement (“EULA“) – which sets out terms applicable to your use of any software that we provide to you for your use of RADIO THAILAND.

This RADIO THAILAND User Agreement sets out additional service-specific terms for the purposes of the “Additional Terms and Policies” section of the Radio Thailand TOS.

RADIO THAILAND SERVICES

We make available the following RADIO THAILAND services for RADIO THAILAND Account holders. You may be able to access such RADIO THAILAND services via either the RADIO THAILAND website or RADIO THAILAND software as offered by us from time to time.

  • “Free Service” – a free-of-charge service, supported by Radio Thailand or advertisement.

In addition to this Agreement:

  • the “Your Account” section of the Radio Thailand TOS applies to your use of your RADIO THAILAND Account; and
  • your third party platform’s terms apply to your use of your third party platform account (if applicable) as a RADIO THAILAND Account.

YOUR USE OF RADIO THAILAND

RADIO THAILAND is for your personal and non-commercial use only. You agree to not use RADIO THAILAND for any business purposes or public performances.

We may update or change RADIO THAILAND at any time, either at no cost or subject to additional fees, in our sole discretion. Such changes or updates may include additional functionalities or limitations on your use of RADIO THAILAND. Where reasonably practicable, we will provide notice to you of such updates or changes.

We may, at any time and in our sole discretion, place limits on the number or types of devices you may use to access RADIO THAILAND. We may record the unique device identifier numbers of your devices in order to enforce such limits.

The Content

Subject to the terms of this Agreement, we grant you a limited, personal, non-exclusive, non-transferable and revocable license to access the music, music videos and other materials made available by us to you within RADIO THAILAND (collectively, the “Content“), within the country that your RADIO THAILAND Account is registered in (such license being the “License“). We may use various technologies to verify your location from time to time in accordance with our Privacy Policy.

Due to licensing and other restrictions, we may be unable to offer RADIO THAILAND and/or license certain Content under the License to you if:

  • you are not a VIP Service member;
  • you are located in certain locations around the world; or
  • we otherwise do not have the rights to do so.

If you are a VIP Service member, the License includes a right for you to download one copy of certain Content (as made available by us to you for downloading within RADIO THAILAND) to each of the devices that we permit you to use for accessing RADIO THAILAND. Such downloaded Content will be:

  • playable only within RADIO THAILAND and not within any other third party services or software;
  • no longer playable following cancellation or expiration of your VIP Service membership, unless as expressly otherwise authorized by us;

The Content may be subject to:

  • certain digital rights management restrictions (including, for any downloaded Content, the restrictions set out in the paragraph immediately above); and/or
  • such other restrictions as implemented by us from time to time (e.g. in relation to Content bit rates).

For the avoidance of doubt, any Content accessed (whether streamed, downloaded or otherwise) by you is subject to the License, and you will at no times have or acquire any ownership right in any Content. We may add, make available or withdraw Content at any time in our sole discretion.

you agree that you will not (except where we otherwise expressly permit you to do so within RADIO THAILAND):

  • use RADIO THAILAND to reproduce any copyrighted materials;
  • copy, store, edit, change, prepare any derivative work of, or alter in any way any of the Content available within RADIO THAILAND (including altering any proprietary or legal notices within the Content or RADIO THAILAND);
  • circumvent any technology used by us or our licensors to protect the Content or RADIO THAILAND; or
  • rent, lease or sublicense RADIO THAILAND, or otherwise allow any third parties to access RADIO THAILAND via your RADIO THAILAND Account.
  • such purchases are made by you on an advanced prepaid basis;
  • you authorise us to:
    • record your profile such as name, surname, age, gender  & location to our system.

We will provide you with further details within RADIO THAILAND regarding how you may update, manage or cancel your membership, payment methods and/or payment information.

We may change or introduce any charges for RADIO THAILAND at any time, following prior notice by publication within RADIO THAILAND. Such revised charges may be due to promotional offers, changing or adding of membership options, any change in your location and/or for any other reason. Any such revised charges will apply immediately following the relevant notice’s publication, except that if you are (at the time of such notice) an existing paid-for VIP Service member, such revised charges will apply only after you have subsequently terminated your paid-for VIP Service membership (if applicable).

Any membership fee you pay to us is exclusive of taxes, and you agree that we may bill you for any applicable taxes in addition to your membership fee.

INTELLECTUAL PROPERTY AND THIRD PARTY TERMS

You agree to comply with all applicable laws, with the EULA and any other applicable provisions of this Agreement in your download and use of any RADIO THAILAND software, including without limitation the “Our Intellectual Property Rights” and “Use of your device by our services” sections of the You also agree to comply with the “Our Intellectual Property Rights” and “Use of your device by our services” sections of the Radio Thailand TOS

Your use of any RADIO THAILAND software and the Content may be subject to third party terms, which may be notified by us to you from time to time. These third party terms may relate to your use of certain third party services, components or Content within RADIO THAILAND. You agree to comply with all such third party terms, as well as the “Third Party Content and Services” section of the Radio Thailand TOS and any other applicable provisions of this Agreement.

We may respond to notices of alleged infringement of rights (including infringement of intellectual property rights, defamation and infringement of other civil rights) and other claims and demands. If you have any such infringement-related concerns, please see http://www.prd.nbt.go.th/ privacyandpolicy

TERM AND TERMINATION

This Agreement will apply, as between you and us, until either you or we terminate your access to RADIO THAILAND.

We may suspend or terminate your access to RADIO THAILAND at any time in accordance with the “Termination” section of the Radio Thailand TOS.

WARRANTY, DISCLAIMER AND LIABILITY FOR OUR SERVICES

The terms set out in the “Warranty and Disclaimer” and “Liability for Our Services” sections of the Radio Thailand TOS will apply in relation to RADIO THAILAND (and your use of RADIO THAILAND).

GENERAL

This Agreement is the entire agreement between you and us in relation to RADIO THAILAND (and your use of RADIO THAILAND). You agree that you will have no claim against us for any statement which is not explicitly set out in this Agreement.

The terms set out in the “Governing Law and Dispute Resolution” section of the Radio Thailand TOS will apply in relation to this Agreement (and any dispute between you and us in relation to this Agreement).

Collection and protection of Personal Information

You acknowledge and agree that, by using the Karaoke Function and Message Function, we may collect, use and share all Personal Information (whether relating to you or to a third person) contained in the User Content in accordance with the Privacy Policy.

Insofar as your User Content contains any Personal Information relating to a third person, you warrant that you have obtained the informed consent of such third person for their Personal Information to be collected, used and shared in accordance with the Privacy Policy.

However, if you or another person choose to share any User Content outside of RADIO THAILAND, you acknowledge and accept that the handling and use of any Personal Information contained therein is beyond our control and responsibility and you hereby release us from any liability in respect of such use of any Personal Information.

Terms of Service

Last modified: 1 August 2019

INTRODUCTION

Welcome to Radio Thailand!

We offer a diverse range of services to our users. Your use of our products and services (“services” or “our services”) is subject to these Terms of Service (these “Terms“) – so please read them carefully.

Thank you for reviewing these Terms – we hope you enjoy using our services.

If you have any questions about, or if you wish to send us any notices in relation to, these Terms, please contact us at radiothailand@prd.go.th.

Compliance with these Terms

These Terms apply to you if you are a user of our services anywhere in the world, except if you belong in any of the following categories: (i) a user of our services (regardless of nationality) in the People’s Republic of China; (ii) a citizen of the People’s Republic of China using our services anywhere in the world; or (iii) a Chinese-incorporated company using our services anywhere in the world. If you belong in any of those categories, you are subject instead to the Terms of Service (PRC Users) in your use of our services.

Please review these Terms and our policies and instructions to understand how you can and cannot use our services. You must comply with these Terms in your use of our services and only use our services as permitted by applicable laws and regulations, wherever you may be when you use them.

If you do not agree to these Terms, you must not use our services.

Contracting Entity

By using our services, you agree to enter into these Terms with Radio Thailand, 236 Viphavadi Rd. Dindaeng Restrict, Bangkok, 10400. (“we”, “our” and “us”).

We may specify in certain of our service-specific terms that you are contracting with one of our affiliate companies (instead of Radio Thailand) in relation to your use of the service (or services) to which the relevant service-specific terms apply. Where this is the case, the relevant contracting entity will be identified in the relevant service-specific terms, and these Terms (including the relevant service-specific terms) will apply between you and that identified contracting entity in relation to your use of the relevant service (or services).

Other terms in relation to these Terms

If you are using our services on behalf of a company, partnership, association, government or other organisation (your “Organisation”), you warrant that you are authorised to do so and that you are authorised to bind your Organisation to these Terms. In such circumstances “you” will include your Organisation.

ADDITIONAL TERMS AND POLICIES

We offer a diverse range of services, so there are certain additional terms and policies that may be applicable to your use of all of our services or to specific services, as set out in this section and as otherwise notified to you from time to time. These additional terms of service and policies all form part of and are incorporated into these Terms.

Additional service-specific terms

Some of our services have additional terms specific to their use (as notified by us to you), and you must comply with such additional terms in your use of such services. Such service-specific terms include:

  • General End User Licence Agreement (EULA– which sets out terms applicable to your use of our software (including our mobile applications, desktop software and games); and
  • terms that may apply specifically to any special promotions (such as sweepstakes, contests and surveys) that we make available through our services.

Additional policies

The following are specific policies that you must comply with in using our services:

  • Privacy Policy – which sets out how we collect, store and use your personal information;

Inconsistencies

To the extent that any additional terms or policies are different from these Terms, the relevant additional terms or additional policies will apply, except that nothing in those additional terms or policies will (unless expressly indicated otherwise in those additional terms or policies) amend the following sections of these Terms:

  • “Changes to these Terms and our services”;
  • “Our intellectual property rights and software”; and
  • “Liability for our services”.

However,to the extent that any country-specific terms differ from these Terms or any additional terms or policies, the relevant country-specific terms will apply, regardless of which section of these Terms is in question.

CHANGES TO TERMS AND OUR SERVICES

We may make changes to these Terms over time, so please come back and review them.

In addition, as our services and user experience are constantly evolving, we may from time to time (and to the extent permitted by applicable laws and regulations) add, change or remove features from our services (including in relation to whether a service is free of charge or not), or suspend or terminate a service altogether.

Where we consider that any changes to these Terms or our services are reasonably material, we will (where reasonably practicable) notify you (via our website, direct communication to you, or other means), prior to the change becoming effective.

By continuing to use our services after we make any changes to these Terms or our services, with or without notice from us, you are agreeing to be bound by these revised Terms.

YOUR ACCOUNT

You may need to create an account with us in order to access and use some of our services, such as a service-specific account.

Your account is personal to you and you are prohibited from gifting, lending, transferring or otherwise permitting any other person to access or use your account. Your account name, user ID and other identifiers you adopt within our services remains our property and we can disable, reclaim and reuse these once your account is terminated or deactivated for whatever reason by either you or us.

You are responsible for: (i) safeguarding your account details, including any passwords used to access your account and our services, and (ii) all use of our services under your account. You must promptly notify if you know or suspect that your account or password has been compromised. We will regard all use of your account on our services as being by you, except where we have received and acknowledged your notification to us regarding your account/password being compromised.

Account deactivation

You may be able to deactivate your service-specific account – please refer to the relevant service for further guidance.

YOUR CONTENT

When you submit, upload, transmit or display any data, information, media or other content in connection with your use of our services (“Your Content”), you understand and agree that:

  • you will continue to own and be responsible for Your Content;
  • we will not sell Your Content to any third party;
  • our use of Your Content will be subject to our Privacy Policy;
  • you are giving us and our affiliate companies the right to use Your Content (with no fees or charges payable by us to you) including the right to create derivative works of, to publicly display and to publicly perform Your Content, for the purposes of providing, promoting, developing and trying to improve our services, including our relevant service that you submitted Your Content in and any other services that we may provide now or in the future;
  • we may use the name that you submit in connection with Your Content (whether that be your account name, real name or otherwise);
  • in using Your Content for these purposes, we and our affiliate companies may copy, reproduce, host, store, process, adapt, modify, translate, perform, distribute and publish Your Content worldwide in all media and by all distribution methods, including those that are developed in the future, provided that they are incorporated into our services which you use;
  • we may share Your Content with third parties that we work with to help provide, promote, develop and improve our services, but we will not sell Your Content to such third parties (other than our affiliate companies) for their use for their own purposes (i.e. for any purposes that are not related to our services); and
  • you will comply with these Terms, including our Acceptable Use Policy, in your submission of Your Content.

In addition, you agree that we and our affiliate companies (subject to these Terms, our Privacy Policy and applicable laws and regulations):

  • are allowed to retain and continue to use Your Content after you stop using our services – for example, where you have shared Your Content with other users of our services;
  • may be required to retain or disclose Your Content in order to comply with applicable laws or regulations, or in order to comply with a court order, subpoena or other legal process, or we and our affiliate companies may disclose Your Content in response to a lawful request by a government authority, law enforcement agency or similar body (whether situated in your jurisdiction or elsewhere); and
  • may need to disclose Your Content (including any information relating to your accounts with us) in order to enforce these Terms, protect our rights, property or safety, or the rights, property or safety of our affiliate companies or other users of our services.

You understand that even if you seek to delete Your Content from our services, it may as a technical and administrative matter take some time or not be possible to achieve this – for example, we may not be able to prevent any third party from storing or using any of Your Content that you have made public via our services.

We reserve the right to block or remove Your Content for any reason, including as is in our opinion appropriate or as required by applicable laws and regulations.

Responsibility for Your Content

You are solely responsible for Your Content and we recommend that you keep a back-up copy of it at all times. You must at all times ensure that: (i) you have the rights required to submit, transmit or display Your Content, and to grant us the rights as set out in these Terms; and (ii) Your Content (and our use of Your Content in accordance with these Terms) does not infringe or violate the rights of any person or otherwise contravene any applicable laws or regulations.

INFRINGEMENT OF RIGHTS

We may respond to notices of alleged infringement of rights (including infringement of intellectual property rights, defamation and infringement of other civil rights) and other claims and demands. If you have any such infringement-related concerns, please contact radiothailand@prd.go.th

THIRD PARTY CONTENT AND SERVICES

We are not responsible for and we do not endorse, support or guarantee the lawfulness, accuracy or reliability of any content submitted to, transmitted or displayed by or linked by our services, including any Your Content or other content provided by other users of our services or by our advertisers. You acknowledge and agree that by using our services you may be exposed to content which is inaccurate, misleading, defamatory, offensive or unlawful. Any reliance on or use of any content on or accessible from our services by you is at your own risk. Your use of our services does not give you any rights in or to any content you may access or obtain in connection with your use of our services.

We also do not guarantee the quality, reliability or suitability of any third party services provided, made available, advertised or linked through our services, and we will bear no responsibility for your use of or relationship with any such third party services. If you access third party services through our services, you must comply with any terms and conditions applicable to those services.

We may review (but make no commitment to review) content or third party services made available through our services to determine whether or not they comply with our policies, applicable laws and regulations or are otherwise objectionable. We may remove or refuse to make available or link to certain content or third party services if they infringe intellectual property rights, are obscene, defamatory or abusive, violate any rights or pose any risk to the security or performance of our services.

There may be, from time to time, third party content and services on our services that are subject to further terms, including terms from the relevant third party that originally produced such content and services (for instance, the news agency that was responsible for writing a news article that then appears on our services, or the record company that owns the copyright to the relevant song that you have accessed on our services). In such cases, you agree to comply with any such further terms and conditions as notified to you in relation to such third party content and services.

ADVERTISING CONTENT ON OUR SERVICES

Some of our services may include advertising or commercial content. You agree that we are allowed to integrate, display and otherwise communicate advertising or commercial content in our services and that (where reasonably practicable) we will identify paid services and communications. You also agree that, as explained in more detail in our Privacy Policy, we use targeted advertising to try to make advertising more relevant and valuable to you.

OUR INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in or to our services and software (including any future updates, upgrades and new versions) will continue to belong to us and our licensors. Except as expressly provided in these Terms, you have no right to use our intellectual property rights. In particular, you have no right to use our trade marks or product names (for example, “Radio Thailand”), logos, domain names or other distinctive brand features without our prior written consent. Any comments or suggestions you may provide regarding our services are entirely voluntary and we will be free to use these comments and suggestions at our discretion without any payment or other obligation to you.

Where our services involve you downloading and using any software provided by us, we grant you a limited, personal, non-exclusive, non-sublicensable, non-transferrable, royalty-free and revocable licence to use the software in order to use our services in accordance with these Terms (including any specific technical requirements that relate to the software or its use on your particular device). Your use of any of our software and services is also subject to the terms and conditions set out in our General EULA, which is incorporated by reference into these Terms. Please note that these licence terms may be supplemented by terms and conditions applicable to the specific software.

You may not copy, modify, reverse compile, reverse engineer or extract source codes from our software, except to the extent that we may not prohibit you from doing so under applicable laws or regulations or you have our prior written consent to do so. Where applicable laws or regulations entitle you to reverse compile or extract source codes from our software, you will first contact us to request the information you need.

We may from time to time provide updates to our software. Such updates may occur automatically or manually. Please note that our services may not operate properly or at all if upgrades or new versions are not installed by you. We do not guarantee that we will make any updates available for any of our software, or that such updates will continue to support your device or system.

USE OF YOUR DEVICE BY OUR SERVICES

In order for us to provide our services to you, we may require access to and/or use of your relevant device (e.g. mobile phone, tablet or desktop computer) that you use to access that relevant service – for example, we may need to use your device’s processor and storage to complete the relevant software installation, or we may need to access your contact list to provide certain interactive functions within our apps. You agree to give us such access to and use of your device.

We will provide further information regarding how a particular service uses and accesses your device within that relevant service or in another manner (e.g. via the relevant app store as part of the relevant service’s installation process). You understand that if you do not provide us with such right of use or access, we may not be able to provide the relevant service to you.

Any Personal Information (as defined in the Privacy Policy) that we use or access within your device will be treated in accordance with these Terms, including our Privacy Policy.

Please note that we are not responsible for any third party charges you incur (including any charges from your internet and telecommunication services providers) in relation to or arising from your use of our services or software.

WARRANTY AND DISCLAIMER

  • We warrant to you that we will provide our services using reasonable care and skill.
  • APART FROM THE WARRANTY IN THE PRECEDING SENTENCE, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, ALL OF OUR SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND NEITHER US NOR ANY OF OUR AFFILIATE COMPANIES MAKE ANY REPRESENTATION OR WARRANTY OR GIVES ANY UNDERTAKING IN RELATION TO OUR SERVICES, OUR SOFTWARE OR ANY CONTENT SUBMITTED, TRANSMITTED OR DISPLAYED BY OUR SERVICES, INCLUDING: (I) ANY REPRESENTATION, WARRANTY OR UNDERTAKING THAT OUR SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR FREE FROM VIRUSES; (II) THAT OUR SERVICES OR SOFTWARE WILL BE COMPATIBLE WITH YOUR DEVICE; OR (III) THAT OUR SERVICES OR SOFTWARE WILL BE OF MERCHANTABLE QUALITY, FIT FOR A PARTICULAR PURPOSE OR NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, YOU WAIVE ANY AND ALL IMPLIED REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS.

LIABILITY FOR OUR SERVICES

TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, THE TOTAL AGGREGATE LIABILITY OF US AND OUR AFFILIATE COMPANIES FOR ALL CLAIMS IN CONNECTION WITH THESE TERMS, THE GENERAL EULA OR OUR SERVICES OR SOFTWARE, ARISING OUT OF ANY CIRCUMSTANCES, WILL BE LIMITED TO THE GREATER OF THE FOLLOWING AMOUNTS: (I) THE AMOUNT THAT YOU HAVE PAID TO US FOR YOUR USE OF THE SPECIFIC SERVICE OR SOFTWARE TO WHICH THE CLAIM RELATES IN THE 6 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE MOST RECENT CLAIM; AND (II) USD100.

TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATE COMPANIES BE LIABLE IN CONNECTION WITH THESE TERMS, THE GENERAL EULA OR OUR SERVICES OR SOFTWARE FOR ANY DAMAGES CAUSED BY: (I) ANY NATURAL DISASTER SUCH AS FLOODS, EARTHQUAKES OR EPIDEMICS; (II) ANY SOCIAL EVENT SUCH AS WARS, RIOTS OR GOVERNMENT ACTIONS; (III) ANY COMPUTER VIRUS, TROJAN HORSE OR OTHER DAMAGE CAUSED BY MALWARE OR HACKERS; (IV) ANY MALFUNCTION OR FAILURE OF OUR OR YOUR SOFTWARE, SYSTEM, HARDWARE OR CONNECTIVITY; (V) IMPROPER OR UNAUTHORISED USE OF OUR SERVICES OR SOFTWARE; (VI) YOUR USE OF OUR SERVICES OR SOFTWARE IN BREACH OF THESE TERMS OR THE GENERAL EULA; OR (VII) ANY REASONS BEYOND OUR REASONABLE CONTROL OR PREDICTABILITY. NOR WILL WE, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR FOR ANY LOSS OF BUSINESS, REVENUES, PROFITS, GOODWILL, CONTENT OR DATA.

Nothing in these Terms limits or excludes any of the following liabilities, except to the extent that such liabilities may be waived, limited or excluded under applicable laws and regulations:

  • any liability for death or personal injury;
  • any liability for gross negligence or wilful misconduct; or
  • any other liability to the extent that such liability cannot be waived, limited or excluded under applicable laws and regulations.

NOTWITHSTANDING ANY OTHER PROVISIONS OF THESE TERMS, NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY OF YOUR STATUTORY RIGHTS IN YOUR JURISDICTION (INCLUDING ANY RIGHTS UNDER APPLICABLE CONSUMER PROTECTION REGULATION), TO THE EXTENT THESE MAY NOT BE EXCLUDED OR WAIVED UNDER APPLICABLE LAWS AND REGULATIONS.

YOU AGREE THAT YOU (AND YOUR ORGANISATION, IF YOU ARE USING OUR SERVICES OR SOFTWARE ON BEHALF OF SUCH ORGANISATION) INDEMNIFY US, OUR PARTNERS AND OUR AFFILIATE COMPANIES FROM AND AGAINST ANY CLAIM, SUIT, ACTION, DEMAND, DAMAGE, DEBT, LOSS, COST, EXPENSE (INCLUDING LITIGATION COSTS AND ATTORNEYS’ FEES) AND LIABILITY ARISING FROM: (I) YOUR USE OF OUR SERVICES OR SOFTWARE; OR (II) YOUR BREACH OF THESE TERMS (INCLUDING ANY TERMS OF THE GENERAL EULA).

Termination

These Terms will apply to your use of our services until access to the relevant services is terminated by either you or us.

We may suspend or terminate your access to your account or any or all of our services: (i) if we reasonably believe that you have breached these Terms; (ii) if your use of our services creates risk for us or for other users of our services, gives rise to a threat of potential third party claims against us or is potentially damaging to our reputation; (iii) if you fail to use our services for a prolonged period; or (iv) for any other reason. Where reasonably practicable, we will give you notice of any suspension or termination.

Retention and back-up of Your Content

Following termination of these Terms, we will only retain and use Your Content in accordance with these Terms, including the Privacy Policy. Where we suspend or terminate a service, or where your access to our services is terminated by you or us, we do not guarantee that we will be able to return any of Your Content back to you and we may permanently delete Your Content without notice to you at any time after termination. Please ensure that you regularly back up Your Content.

GENERAL

These Terms are the entire agreement between you and us in relation to our services. You agree that you will have no claim against us for any statement which is not explicitly set out in these Terms. The invalidity of any provision of these Terms (or parts of any provision) will not affect the validity or enforceability of any other provision (or the remaining parts of that provision). If a court holds that we cannot enforce any part of these Terms as drafted, we may replace those terms with similar terms to the extent enforceable under applicable laws and regulations, without changing the remaining terms of these Terms. No delay in enforcing any provision of these Terms will be construed to be a waiver of any rights under that provision. Any rights and obligations under these Terms which by their nature should survive, including but not limited to any obligations in relation to the liability of, or indemnities (if any) given by, the respective parties, will remain in effect after termination or expiration of these Terms.

No person other than you and us will (subject to any applicable laws and regulations) have any right to enforce these Terms against any person, and you may not delegate, assign or transfer these Terms or any rights or obligations under these Terms, without our prior consent. We may freely assign, transfer or sub-contract these Terms or our rights and obligations under these Terms, in whole or in part, without your prior consent or notice. You acknowledge and agree that in no event will our partners or affiliate companies have any liability under these Terms.

GOVERNING LAW AND DISPUTE RESOLUTION

Except to the extent that: (i) any applicable additional terms incorporated into these Terms provide differently, or (ii) the applicable laws and regulations of your jurisdiction mandate otherwise (for instance, you may have statutory rights in your jurisdiction in relation to bringing or defending claims in a local court (including small claims court (or similar court)), these Terms and any dispute or claim arising out of or in connection with these Terms will be governed by the law of the Hong Kong Special Administrative Region.

Any dispute, controversy or claim (whether in contract, tort or otherwise) arising out of, relating to, or in connection with these Terms, including their existence, validity, interpretation, performance, breach or termination, will be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre under the Hong Kong International Arbitration Centre Administered Arbitration rules in force when the Notice of Arbitration is submitted. The seat of the arbitration will be Hong Kong. There will be one arbitrator only. The arbitration proceedings will be conducted in English.

TERMS OF SERVICE (USA-SPECIFIC TERMS)

If you are a user of our services in the United States of America, the below terms are incorporated into these Terms, and override these Terms to the extent of any inconsistency.

If you are a California resident, you agree to waive California Civil Code Section 1542, and any similar provision in any other jurisdiction (if you are a resident of such other jurisdiction), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY.

TERMS OF SERVICE (AUSTRALIA-SPECIFIC TERMS)

If you are a user of our services in Australia, the below terms are incorporated into these Terms, and override these Terms to the extent of any inconsistency.

All express or implied guarantees, warranties, representations, or other terms and conditions relating to these Terms or their subject matter, not contained in these Terms, are excluded from these Terms to the maximum extent permitted by applicable laws and regulations.

Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, term or condition, right or remedy implied or imposed by any applicable laws and regulations which cannot lawfully be excluded, restricted or modified.

If any guarantee, condition, warranty or term is implied or imposed by any applicable laws and regulations and cannot be excluded (a “Non-Excludable Provision”), and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to one or more of the following at our option:

  • in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
  • in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

Privacy Policy

Last modified: August 1, 2019

INTRODUCTION

Radio Thailand values your privacy. This Privacy Policy informs you of your choices and our practices regarding any Information you provide to us.

The use of our services may involve the collection and use of your Information (as defined in the “The Information We Collect and How We Collect It” section below) on our services (including our websites and mobile applications). It is important for you to understand how this happens and how you may control it, so please read this Privacy Policy carefully.

By using our services, you agree that we may collect, use and share your Information in accordance with this Privacy Policy, as revised from time to time.
If you wish to contact us regarding this Privacy Policy or any privacy-related matters, please contact our Privacy Officer via email at radiothailand@prd.go.th.

SCOPE OF THIS PRIVACY POLICY

Some of our services have specific privacy policies applicable to their use. Such services include, for Radio Thailand Service. This Privacy Policy does not apply to such services. Please check to see if the Radio Thailand service you are using has its own service specific privacy policy and refer to that for how we process your personal information and your rights. If a service does not have a specific privacy policy, this Privacy Policy shall apply.

This Privacy Policy is incorporated into and form part of the Terms of Service  that you have agreed to in order to use our services. Any terms used in this Privacy Policy will have the same meaning as the equivalent defined terms in the Terms of Service , unless otherwise defined in this Privacy Policy or the context requires otherwise.

Please also note that this Privacy Policy does not apply to Information collected: (i) through third party services (including any third party websites) that you may access through our services; or (ii) by other companies and organizations who advertise their services on our services.

CHANGES TO THIS PRIVACY POLICY

We may from time to time revise or add specific instructions, policies and terms to this Privacy Policy. These instructions, policies and terms form part of this Privacy Policy.

Where we consider that any changes to this Privacy Policy are reasonably material, we will notify you (via our website at https://nbt.prd.go.th/privacypolicy , direct communication to you, or other means) prior to the change becoming effective.

By continuing to use our services after any changes to this Privacy Policy, with or without notice from us, you are agreeing to the revised Privacy Policy.

THE INFORMATION WE COLLECT AND HOW WE COLLECT IT

In providing our services, we collect, store and use the following Information relating to you:

Information” is Personal Information and Non-Personal Information;

Personal Information” is any information or combination of information that relates to you, and can be used to identify you. Personal Information may include the following:

  • information you make available to us when you open an account or use our services, such as your name, telephone number, email address and credit card details;
  • information which you make available to our services as you use them, including Shared Information you make available to others through our services and information you store using our services;
  • Shared Information that others using our services make available about you, such as information contained in posts they make and communications they make to you and others using our services; and
  • information we collect as you use our services, such as certain Location Data, Log Data and public information.

Location Data” is information that we collect regarding your location (when you use a location-enabled service), including:

  • the location of your device when you use our services, such as from the GPS, WiFi, compass, accelerometer or other sensors in your device;
  • the IP address of the device or internet service you use to access our services,
  • other information made available by you or others that gives an indication as to where you are or have been located, such as account information that indicates where you are located and Shared Information you or others post indicating your location, such as any geotag information that is embedded in any photos you make available to us; and
  • if you have provided us with your location data previously and would like us to delete such existing location data, you may be able to do so via our services.

Log Data” is technical information that is automatically collected by us when you use our services, whether through the use of cookies or otherwise, including:

  • technical information such as your mobile carrier, configuration information made available by your web browser or other programs you use to access our services, your IP address and your device’s version and identification number,
  • information about what you have searched for and looked at while using our services, such as web search terms used, social media profiles visited and details of other information and content accessed or requested by you in using our services;
  • information about what apps and other software you have used and how you have used them;
  • information about communications you have made using our services, such as the people you’ve communicated with and the time, data and duration of your communications; and
  • metadata, which means information related to items you have made available through our services, such as the date, time or location that a shared photograph or video was taken or posted.

Non-Personal Information” is any information that relates to you but from which it is not practicable to directly or indirectly identify you, including Personal Information in aggregated, anonymised or pseudonymised form.

Shared Information” is information about you or relating to you that is voluntarily shared on our services, including postings that you make on our services (including your public profile, the lists you create), any postings from others that you re-post and including Location Data and Log Data associated with these postings. Shared Information also includes information about you (including Location Data and Log Data) that others who are using our services share about you.

HOW WE USE YOUR INFORMATION

We may use your Information for any of the following purposes:

  • to provide our services to you;
  • for customer service, security, fraud-detection, archival and backup purposes in connection with the provision of our services;
  • to provide you with advertising (as discussed in more detail under the “Advertising” section below);
  • to better understand how you access and use our services, for the purposes of trying to improve our services and to respond to customer desires and preferences, including language and location customisation, personalised help and instructions, or other responses to your and other customers’ usage of our services;
  • to help us develop our new services and improve our existing services;
  • to assess the effectiveness of and improve advertising and other marketing and promotional activities on or in connection with our services;
  • for the purposes of software verification or administering software upgrades; and
  • to allow you to participate in surveys and other activities about our products and services.

Please note that for the purposes of seeking to provide our users with a better experience, to improve our services or otherwise where you have consented, Personal Information collected through one of our services may, subject to user privacy controls (where available), be used by our other services (including in an aggregated or individualised manner).

For example, Personal Information collected during your use of one of our services may be used to suggest particular content that can be made available to you on another service or be used to try to present more relevant advertising to you in another service. You may also from time to time ask us to migrate or export your Personal Information contained in one of our services to another of our services, where such migration option is available.

If any of your Personal Information comprises Your Content (as defined in the Terms of Service ), we and our affiliate companies may (subject to this Privacy Policy) use such Personal Information in accordance with the “Your Content” section of the Terms of Service .

Our service-specific privacy guidance may more particularly describe how we use Personal Information within the relevant services.

As noted under the “Use of your device by our services” section in the Terms of Service , we may require access to or use of your Personal Information within your device in order to provide our services to you. Any Personal Information that we use or access within your device will be treated in accordance with this Privacy Policy and the Terms of Service .

ADVERTISING

We may use your Information to try to offer advertising that is more relevant to you.

We may also use your Information for the purpose of sending you direct marketing (whether by messaging within our services, by email or by other means) that offer or advertise our products and services and/or the products and services of selected third parties. Such products and services (of ours or third parties) include the following:

  • our products and services and the products and services of our affiliate and subsidiary companies and joint venture partners, including messaging services, online media services, interactive entertainment services, social networking services, payment services, internet search services, location and mapping services, application software and services, data management software and services, on-line advertising services and other social media, entertainment, e-commerce, information and communications software and services (“Internet Services”).

We will honor your request for us to not use your Personal Information for the marketing purposes noted above. If you wish to make such a request, please: (i) notify our Privacy Officer; (ii) follow the relevant instructions on our marketing communications; or (iii) follow the instructions as set out in certain service-specific guidance (in relation to the relevant service).

Please note that we will not share your Personal Information with advertisers unless you have given us your consent to do so. We do, however, share Non-Personal Information with advertisers for the purposes of trying to offer you advertising that is more relevant to you.

A WORD ABOUT SHARED INFORMATION

A number of our services enable Shared Information to be shared publicly with all users of that service and not just your contacts. Our social media services in particular are primarily designed to help you share Shared Information with the world, so Shared Information can be broadly and instantly transmitted and will remain public for as long as you do not delete it (and even after you delete Shared Information, it may still be separately cached, copied, or stored by, or remain public through, other users or third parties who are not affiliated with and not controlled by us).

Please consider carefully what you post and communicate through our services.

COMMUNICATIONS FROM US

Newsletters and other types of communications

When you use our services, we may use your Information to send you emails, newsletters or push notifications to your device. If you no longer wish to receive these communications, you can do so by following the unsubscribe instructions in the emails we send to you, opting out of notifications at the device level (if available) or contacting our Privacy Officer.

Service-related announcements

We may from time to time send you service-related announcements when we consider it necessary to do so (such as when we temporarily suspend one of our services for maintenance). You may not opt-out of these service-related announcements, which are not promotional in nature.

A WORD ABOUT SENSITIVE PERSONAL INFORMATION

In some jurisdictions, certain Personal Information, such as information about your race or ethnic origin, religious or philosophical views or personal health, is characterised as “sensitive” and is subject to stricter regulation than other personal information. Please note that content and information that you input to our services, such as photographs or information about your school or social activities, may reveal your sensitive Personal Information to others.

We urge you to consider whether it is appropriate to communicate sensitive Personal within our services.

You consent to all processing of sensitive Personal Information for the purposes and in the manner described in this Privacy Policy.

Please note that we do not use your sensitive Personal Information for the purpose of serving advertising to you.

THIRD PARTY SERVICES ON OUR SERVICES

Our services may include, or they may link you to, social media or other services (including websites) provided by a third party. For example:

  • you may be able to share content on our services using services provided by third parties. The third parties who provide such services may be able to collect your Information and Personal Information (including your Log Data), and may set cookies on your computer to enable such third party services to function properly; and
  • we may (whether in advertisements or otherwise within our services) provide you with links that allow you to access third party services or websites.

These third party social media or other services may be hosted by the relevant third party or us. Your use of any such third party services (whether social media services or otherwise), including any Personal Information you provide to such third parties, are subject to the relevant third party’s own terms of services and privacy policies and not the Terms of Service  or this Privacy Policy, so please review their terms carefully.

This Privacy Policy only applies to any Information collected by us, does not apply to any services offered by or information practices of any third parties, and we bear no liability for any third party use of any Information provided by you to them.

TRANSFER, STORAGE AND SECURITY OF YOUR PERSONAL INFORMATION

We operate and may continue to operate servers in a number of jurisdictions around the world, so the server on which your Personal Information is used and stored may not be in your jurisdiction.

You consent to the transfer of your Personal Information (both inside and outside of your jurisdiction) for the purposes described in this Privacy Policy.

We use a variety of security technologies and procedures for the purpose of preventing loss, misuse, unauthorised access or disclosure of Information.

In some of our services, we will use encryption technology (such as SSL) to protect certain sensitive Information provided by you to us. Please be aware that despite our efforts, no data security measures can guarantee 100% security at all times. Our systems and the communications networks through which you access our services may be subject to security breaches and failures which are due to circumstances beyond our reasonable control.

RETENTION OF YOUR PERSONAL INFORMATION

Subject to applicable laws and regulations (including as set out under the “Sharing of your Personal Information” section above), we will only retain your Personal Information for so long as is necessary to fulfill the purposes as set out under the “How We Use Your Information” section above.

Subject to applicable laws and regulations, you may have the right to request to receive a copy of and make any corrections to your Personal Information which we hold, or to request that we delete any of your Personal Information that is stored by us. You may direct such request to our Privacy Officer. We will respond to all requests made to our Privacy Officer under this “Retention of your Personal Information” section within 60 days.

In addition, within some of our services, we may offer you options to amend or delete, and/or change how we and the public can view and/or access, your Personal Information and/or Shared Information within those services – in which case, please log into your account with us within the relevant service and make the appropriate changes.

Should your account be terminated by you or us for any reason, we will (subject to the above paragraph) take steps to ensure that your Personal Information is no longer available through our services, or otherwise used by us, within a reasonable period of time (subject to technical limitations) after such account termination. However, it is important to note that communications made by you using our services may put your Personal Information in the hands of third parties that we cannot control – for example, if you have previously made your Personal Information public via our services. In some instances, we may not be able to delete your Personal Information and/or Shared Information from our services or systems – in which case we will (where reasonably practicable) let you know why we are unable to do so.