DEEMPLES

These Terms of Use (“Terms”) govern the access or use by you, an individual, from within any country in the world, of applications, websites, content, products, and services (the “Services”) made available by Deemples, established in Thailand (“Deemples”).

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Deemples. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Deemples may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

Deemples may amend the Terms related to the Services from time to time. Amendments will be effective upon Deemples’ posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

Our collection and use of personal information in connection with the Services is as provided in Deemples’s Privacy Policy. Deemples may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third Party Provider and such information or data is necessary to resolve the complaint, dispute or conflict.

The Services constitute a technology platform that enables users of Deemples’s mobile applications or websites provided as part of the Services (each, an “Application”) to arrange and schedule games and events with independent third-party providers of such services, including independent third-party golf courses and independent third-party golf agents under agreement with Deemples or certain of Deemples’s affiliates (“Third Party Providers”). Unless otherwise agreed by Deemples in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use. YOU ACKNOWLEDGE THAT Deemples DOES NOT PROVIDE GAMES OR EVENT SERVICES OR FUNCTION AS A GAMES/EVENTS PROVIDER AND THAT ALL SUCH GAMES AND/OR EVENT SERVICES ARE PROVIDED BY INDEPENDENT THIRD-PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY Deemples OR ANY OF ITS AFFILIATES.

Subject to your compliance with these Terms, Deemples grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information, and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Deemples and Deemples’s licensors.

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Deemples; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

You acknowledge that portions of the Services may be made available under Deemples’s various brands or request options associated with games or events. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of Deemples’s subsidiaries and affiliates; or (ii) independent Third Party Providers, including golf courses or golf agents.

The Services may be made available or accessed in connection with third-party services and content (including advertising) that Deemples does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. Deemples does not endorse such third-party services and content and in no event shall Deemples be responsible or liable for any products or services of such third-party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third-party beneficiary’s terms of service.

The Services and all rights therein are and shall remain Deemples’s property or the property of Deemples’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Deemples’s company names, logos, product and service names, trademarks or services marks or those of Deemples’s licensors.

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services in any way that: (i) violates any applicable federal, state, local or international law or regulation; (ii) infringes the rights of any third party, including but not limited to intellectual property rights or privacy rights; (iii) is harmful to the Services, or to any other person or entity, as determined by Deemples in its sole discretion; (iv) interferes with or disrupts the Services or servers or networks connected to the Services; or (v) impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity.

Deemples may use a third-party payment processor to process payments for services. When you make a payment, you will provide payment information to the payment processor, and you will be subject to the payment processor’s terms and policies.

You agree to pay all fees and charges associated with your use of the Services as indicated at the time of the transaction. Fees and charges may include, but are not limited to, any applicable taxes, fees for the use of services, and charges for cancellations or changes to reservations.

Refunds for payments made through the Services will be handled in accordance with Deemples’s refund policy. Please review the refund policy before making any payments.

If you are accessing or using the Services from Thailand, the following additional terms and conditions apply:

• Consumer Protection: As a consumer in Thailand, you are entitled to certain protections under the Consumer Protection Act B.E. 2522 (1979). If you have any disputes or complaints regarding the Services, you have the right to seek assistance from the Office of the Consumer Protection Board or other relevant authorities.
• Data Protection: Deemples complies with the Personal Data Protection Act B.E. 2562 (2019) in Thailand. We are committed to protecting your personal data and will handle it in accordance with our Privacy Policy, which aligns with Thai data protection regulations.
• Dispute Resolution: Any disputes arising from your use of the Services shall be resolved in accordance with the laws of Thailand. You agree to submit to the exclusive jurisdiction of the courts of Thailand for any legal proceedings related to these Terms or the Services.
• Tax Obligations: You are responsible for any taxes or levies applicable to the use of the Services in Thailand, including but not limited to VAT.

You may cancel your Account at any time by contacting Deemples customer support. Deemples may terminate or suspend your Account or access to the Services at any time, with or without cause, if you breach any of these Terms or for any other reason.

The Services are provided on an “as-is” and “as-available” basis. Deemples makes no representations or warranties of any kind, express or implied, as to the operation of the Services or the information, content, materials, or products included in the Services. To the fullest extent permissible by law, Deemples disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

In no event shall Deemples be liable for any direct, indirect, incidental, special, consequential, or punitive damages, or any damages whatsoever, whether in an action under contract, negligence, or any other theory, arising out of or in any way connected with the use of the Services or with the delay or inability to use the Services, including any damages caused by or resulting from reliance by user on any information obtained from Deemples, or that result from mistakes, omissions, interruptions, deletion of files or emails, errors, defects, viruses, delays in operation or transmission, or any failure of performance.

You agree to indemnify, defend, and hold harmless Deemples and its affiliates, and their respective officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your use of the Services, your violation of these Terms, or your violation of any rights of another party.

These Terms are governed by and construed in accordance with the laws of Thailand, without regard to its conflict of law principles. Any disputes arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of Thailand.

For any questions or concerns regarding these Terms, please contact us at:

Deemples (Thailand) Company Limited
Registration Number: 0105567069609
Address: No. 26/4, Orakarn Building, Chidlom Alley, Lumpini Sub-District, Pathum Wan District, Bangkok 10330, Thailand
Email: hello.th@deemples.com
Phone: +66 61-535 3591