TERMS AND CONDITIONS.

Kenan Foundation Asia is committed to your right to privacy and to the ethical use of information online. Kenan Foundation Asia is owner of this website and it has the right to amend these Terms and Conditions at its discretion. Such changes will go into effect on the stated Revision Date and a user’s continued use of the website will constitute their consent of the revised Terms and Conditions.Last updated SEPTEMBER, 2016. Overview: The following are the terms of an agreement between you and Kenan Foundation Asia. By accessing, or using this website, you acknowledge that you have read, understand, and agree to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, please do not use this website. Kenan Foundation Asia may, without notice to you, at any time, revise these Terms of Use and any other information contained in this website.

 

Kenan Foundation Asia may also make improvements or changes in the products, services, or programs described in this site at any time without notice. Rights of Kenan Foundation Asia: We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these Terms and Conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

General: This website contains proprietary notices and copyright information, the terms of which must be observed and followed. Kenan Foundation Asia grants you a non-exclusive, non-transferable, limited permission to access and display the web pages within this site provided you comply with these Terms of Use, and all copyright, trademark, and other proprietary notices remain intact. You may only use a crawler to crawl this website as permitted by this website’s robots.txt protocol, and Kenan Foundation Asia may block any crawlers in its sole discretion. The use authorized under this agreement is non-commercial in nature (e.g., you may not sell the content you access on or through this website). All other use of this site is prohibited. Except for the limited permission in the preceding paragraph, Kenan Foundation Asia does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.

Copyright notice subject to the express provisions of these Terms and Conditions: Kenan Foundation Asia (“We” and “Our”) together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and: all the copyright and other intellectual property rights in our website and the material on our website is reserved. Acceptable use: You (the user of our website) agree that you will not: use data collected from our website for any direct marketing activity; use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website; use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, other malicious computer software; conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent. You must not use data collected from our website to contact individuals, companies or other persons or entities. Your content/data posted to our website: You warrant and represent that your content/postings that you provide on our website (if any) will comply with the following Terms and Conditions. Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law). Your content, and the use of your content by us in accordance with these Terms and Conditions, must not: be libelous or maliciously false or breach the Computer Crimes Act of Thailand; be obscene or indecent; infringe any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property right; infringe any right of confidence, right of privacy or right under data protection legislation; constitute negligent advice or contain any negligent statement; be in contempt of any court, or in breach of any court order; be in breach of racial or religious hatred or discrimination legislation; be in breach of any contractual obligation owed to any person; be untrue, false, inaccurate or misleading; consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage; constitute spam; be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory. Disclaimer: From time to time, this website may contain technical inaccuracies or typographical errors, and we do not warrant the accuracy of any posted information. If any term in this Terms of Use is found by competent judicial authority to be unenforceable in any respect, the validity of the remainder of this Terms of Use will be unaffected, provided that such unenforceability does not materially affect the parties’ rights under this Terms of Use. Confidential information: Kenan Foundation Asia does not want to receive confidential or proprietary information from you through our website. Please note that any information or material sent to Kenan Foundation Asia will be deemed NOT to be confidential. By sending Kenan Foundation Asia any information or material, you grant Kenan Foundation Asia an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that Kenan Foundation Asia is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law. Personally-identifiable information that you submit to Kenan Foundation Asia for the purpose of receiving products or services will be handled in accordance with our privacy policies. Please see the “Privacy Policy” section for information regarding Kenan Foundation Asia’s privacy policies. Links to outside sites: This website may provide links or references to non-Kenan Foundation Asia websites and resources. Kenan Foundation Asia makes no representations, warranties, or other commitments or endorsements whatsoever about any non-Kenan Foundation Asia websites or third-party resources that may be referenced, accessible from, or linked to any Kenan Foundation Asia site. In addition, Kenan Foundation Asia is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from a Kenan Foundation Asia site. When you access a non-Kenan Foundation Asia website, even one that may contain a Kenan Foundation Asia logo, please understand that it is independent from Kenan Foundation Asia, and that Kenan Foundation Asia does not control the content on that website. It is up to you to take precautions to protect yourself from viruses, worms, Trojan horses, and other potentially destructive programs, and to protect your information. Linking to this site: Kenan Foundation Asia consents only to links to this website in which the link and the pages that are activated by the link do not:

(a) create frames around any page on this website or use other techniques that alter in any way the visual presentation or appearance of any content within this site;

(b) misrepresent your relationship with Kenan Foundation Asia;

(c) imply that Kenan Foundation Asia approves or endorses you, your website, or your service or product offerings; and

(d) present false or misleading impressions about Kenan Foundation Asia or otherwise damage the goodwill associated with the Kenan Foundation Asia name or trademarks. As a further condition to being permitted to link to this site, you agree that Kenan Foundation Asia may at any time, in its sole discretion, terminate permission to link to this website. In such event, you agree to immediately remove all links to this website and to cease any related use of Kenan Foundation Asia logos.

Disclaimer of warranty: Use of this site is at your own risk. All materials, information, products, software, programs, and services are provided “as is,” with no warranties or guarantees whatsoever. Kenan Foundation Asia expressly disclaims to the fullest extent permitted by law all express, implied, statutory, and other warranties, guarantees, or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary and intellectual property rights. Without limitation, Kenan Foundation Asia makes no warranty or guarantee that this website will be uninterrupted, timely, secure, or error-free. You understand and agree that if you download or otherwise obtain materials, information, or services from this website, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system. Some jurisdictions do not allow the exclusion of warranties, so the above exclusions may not apply to you. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. We will not be liable to you in respect of any loss or corruption of any data, database or software. We will not be liable to you in respect of any special, indirect or consequential loss or damages. Limitation of liability: To the fullest extent permitted by applicable law, in no event will Kenan Foundation Asia be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from this website or any use of this website, or of any site or resource linked to, referenced, or accessed through this website, or for the use or downloading of, or access to, any materials, information, products, or services, including, without limitation, any lost profits, business interruption, lost savings or loss of programs or other data, even if Kenan Foundation Asia is expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort, or any other legal theories.

Breech of these Terms and Conditions: Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, or if we reasonably suspect that you have breached these Terms and Conditions in any way, we may: send you one or more formal warnings; temporarily suspend your access to our website; permanently prohibit you from accessing our website (if possible); block computers using your IP address from accessing our website; contact any or all of your internet service providers and request that they block your access to our website; commence legal action against you, whether for breach of contract or otherwise; and/or suspend or delete your account on our website (if any). Assignment: You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms and Conditions. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these Terms and Conditions. Severability: If a provision of a contract under these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision of a contract under these Terms and Conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. Governing law: These Terms and Conditions shall be governed under the laws of Thailand.