Terms and Conditions
Shiseido (Thailand) Co., Ltd. (“Shiseido”) provides the contents and services available on https://www.nars.co.th/ (“Website”). By accessing or using the Website, you are acknowledging that you have agreed and accepted to be bound by Shiseido’s policy and applicable law (“Terms and Conditions of Use”). You acknowledge and accept that the Terms and Conditions of Use are subject to change without prior notice, and agree to comply with them without objection.
By accessing and using the Website now and/or after the change of Terms and Conditions of Use, it is deemed that you have agreed and accepted Terms and Conditions of Use. If you do not agree and accept to be bound Terms and Conditions of Use, please stop accessing and using Website.
Article 1. APPLICATION AND INTELLECTUAL PROPERTY
1.1 All contents available on the Website, including but not limited to, texts, video clip, photographic, images, moving images, logos, button icons, data compilations and software, and the compilation and arrangement, tables, data, graph, price, trademark, graphics, audio clip application’s display, interface, any data, any software and data, which you can download from Website (collectively, the “Content”) are the propriety rights of Shiseido and/or Shiseido Company Limited, who is our parent company and/or our affiliates, partners, or licensors. They have their intellectual property rights and/or other propriety rights, in any forms, whether registered or not, protected under the laws of Thailand, and/or other countries. Use of any trade name, trademark, service mark and other mark of Shiseido including the intellectual property right is prohibited unless the prior written consent from Shiseido is granted. You can contact Shiseido at 8 T-ONE BUILDING 23-24 floor, Sukhumvit 40 Alley, Sukhumvit Road, Khlong Toei Sub-District, Phra Khanong District, Bangkok 10110.
1.2 All trade names, product names, trademarks, service marks and other marks including intellectual property, which appear on the Website, other than those whose intellectual property rights owned by Shiseido, were compiled or available as the compositions of Website, are intended for decorations of Website. Shiseido, as the website service provider, has no intention to do any act in a way to infringe the trade rights or intellectual property rights of the other unless stated otherwise herein.
1.3 You can access the contents, files or documents in Website for your own use or for purchase of products only. You agree not to copy, collect or download the contents in any format to send, convey, prepare, publish, print, reproduce, adapt, create, exhibit, disseminate, distribute, grant, lease or transfer any contents to other persons whether for trade purpose or for any benefits or not, unless the prior written consent from Shiseido is granted.
Article 3. RESERVATION AND LIMITATION
3.1 Shiseido will protect Website with appropriate protocol to protect data from non-user or member and keep Website stable to access and use. Shiseido cannot warrant that you will access and use Website without delay, error, and harmful program or software to your systems, which are virus, computer worm, trojan horse virus, spyware or other dangerous programs (“Defect”). Shiseido does not indemnify and hold harmless for any loss, damages, claims, fines, penalties or costs, including attorneys' fees, resulting from any claim, action, or demand resulting from Defect, whether such Defect occur from any reason;
3.2 Shiseido reserves the right to restrict you from using Website, and to change or suspend the provision of Website service either in whole or in part at any time without prior notice;
3.3 Shiseido does not agree, accept, involve or support any content, link, images, comments and opinion in review or detail that writer give consent to Shiseido to publish in Website. Each writing has sole exclusive copyright in such review or detail, so you must read and use your discretion carefully;
3.4 Shiseido does not warrant that the advertisement, product descriptions, colors, or other content available on the Website are accurate, complete, or without any defect, Shiseido does not responsible or liable for any damages from such advertisement, product descriptions, colors, or other content available on the Website;
3.5 Unless otherwise provided in Terms and Condition of Use, Shiseido, managing director, executive, officer, employee, agents, or consultant do not responsible for any failure, Defect, other content available on the Website, any omission from contract, tort, negligence or any incident that Shiseido was notified it might have damage.
Article 4. LINKS BETWEEN WEBSITE
4.1 Link to other websites
This Website provides links to the other websites (“Linked Websites”). These links are provided for your convenience only. The availability of Linked Websites does not reflect Shiseido’s support or control or responsibility. Therefore, Shiseido cannot guarantee the accuracy, reliability or security of the Hyperlinks. Shiseido is not responsible for any loss or the Linked Websites image resulted from the use or linking to those websites. Please read the term and conditions of Linked Websites.
4.2 Link to Website
If you would like to link to Website, you must perform as follow:
(1.) Link have to be connected to https://www.nars.co.th/
(2.) Such link must not result in any damage, whether direct or indirect, to Shiseido;
(3.) Such link must not make misunderstand to others that Shiseido support or involve;
(4.) Such links must show Website, not on “Framework” on Connected Website;
(5.) Such links must inform to others that Shiseido support or involve;
(6.) Such link must not connect to any unsuitable link, illegal data, violation of copyright, possession, privacy that can make damage, tort, to Shiseido or Shiseido’s reputation;
(7.) Shiseido has no liability to user or other, who visit Website from link. However, Shiseido reserves right to claim the damage occur on failure to perform Terms and Conditions of Use; and
(8.) Shiseido reserves the right, sole discretion, to withdraw consent or cancel link to connect Website.
Article 5. YOUR OBLIGATIONS AND RESPONSIBILITIES
5.1 In the access or use of the Website, you shall comply with Terms and Conditions of Use and the warnings or special instructions for access or use posted on the Website.
5.2 You shall always act in accordance with the law, custom and in good faith. It is strictly prohibited to use or contact this Website to disrupt or damage the Website, its contents or its security measures or to harass or disparage Shiseido or its products or services or personnel. No unsolicited E-mail (spam) may be directed to or through this Website.
5.3 You may not use this Website in order to transmit, distribute, store or destroy any material: (a) in violation of any applicable law or regulation; (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or other personal rights of others; or (c) that is libelous, obscene, threatening, abusive or hateful.
5.4 If you fail to comply with any of the obligations set forth in Terms and Conditions of Use and Shiseido online membership policy, in case you are an online member, either negligently or willfully, you shall be liable for all the losses and damages sustained by Shiseido, our parent company Shiseido company limited, and/or our affiliates, partners or licensors.
Article 6. YOUR ACCOUNT / MEMBERSHIP
You may choose to register for an account on the Website. If you do, you will have a user name and password for your account. You are responsible for maintaining the confidentiality of your user name and password and for restricting access to your computer to safeguard such confidentiality and prevent any misuse of your membership. You agree to accept responsibility for all activities that occur under your user name and password. You agree to provide only accurate and truthful information. We reserve the right to refuse service and/or terminate your account without prior notice if you violate Terms and Conditions of Use or if we decide, in our sole discretion, that it would be in Shiseido' s best interests to do so.
Article 7. SHISEIDO’S RIGHTS
Shiseido reserves the right to block or remove communications or materials that it determines to be:
(a) abusive, defamatory, or obscene;
(b) fraudulent, deceptive, or misleading;
(c) in violation of a copyright, trademark or other intellectual property right of another;
(d) violates any law or regulation; and/or
Article 8. GENERAL DATA
Article 9. WARRANTIES AND YOUR LIABILITY
You agree and accept to defend, indemnify and hold Shiseido, our parent company Shiseido Company Limited, and/or our affiliates, officers, employees, agents and licensors harmless for any loss, damages, claims, fines, penalties or costs, including reasonable attorneys' fees, resulting from any claim, action, or demand resulting from your (or anyone acting under your user name and password) access to, and use of, the Website, any user content made available on the Website or breach of these Terms and Conditions of Use. You also agree to indemnify Shiseido for any loss, damages, or costs, including attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden on our infrastructure.
Article 10. GOVERNING LAW AND DISPUTES
Any interpretation and application of the Website and Terms and Conditions of Use shall be governed by the laws of Thailand. Any dispute in relation to the Website, all rights and obligations and all actions contemplated by these Terms and Conditions of Use shall be submitted to the exclusive jurisdiction of the courts of the Thailand.
Article 11. SEVERABILITY
If the court of jurisdiction or any government agency has a decision that any part of Terms and Conditions of Use are invalid or unenforceable for whatsoever causes, the remaining Terms and Conditions of Use are still valid and enforceable.