getInvoice Terms and Conditions

This document comprises the Terms of Use Agreement (“Agreement”) and when accepted by you in the manner described below will constitute a legally binding contract between Ginkgo Soft Company Limited (“we” or “us”) a private company limited by shares and incorporated under the laws of Thailand (no 0105556078229) that owns and operates the Website as defined below and you (“You”, “Member” or “Content Holder”) the visitor or member to or on the Website.

USE OF THE WEBSITE

This Chapter applies to all Visitors to the Website

Application of the Agreement

It is a condition precedent to you being able to access any component of the Website or Use the System that you must read and agree to be bound by each and every one of the terms and conditions contained in this Agreement. Should you access any component of the Website, or Use the System, register as a Member, or view any text or graphics, such activities on your part expressly means that you have read this Agreement and agree to be bound by the terms and conditions contained herein.

Should you not agree to be bound by each and every term and condition contained in this Agreement you must leave this Site at once and you may not become a Member or use the System or any part of it.

Eligibility

The Website is intended solely for visitors who are

  1. at least eighteen years of age or older and legally able to enter into a binding contract to use the Website or
  2. at least 13 years of age and your parent or guardian agrees to supervise your use of our service in which case they must read and agree to be bound by this Agreement as if they were the Visitor or Member.

By using the Website, you represent and warrant that

  1. all registration information you submit is truthful and accurate;
  2. you have provided your full legal name, a valid email address through which we will be able to communicate with you and any other information requested as a part of our sign up process in order to establish a valid Membership;
  3. you will maintain the accuracy of such information;
  4. your use of the Website does not violate any applicable law or regulation.

Your account may be terminated and your data deleted without warning, if we believe that you are less than 18 years of age. Only humans are allowed to enroll as Members. Robotic or automatic sign-ups are not allowed and will be deleted without notice if identified.

Your getInvoice Account and Data.

If you create an account on the Website, you are solely responsible for maintaining the security of your account and data, and you are fully responsible for all content uploaded and any activity relating to your account EVEN if the content and/or activity is created, uploaded or conducted by some third party who has obtained access to your account.

Unauthorised use

You must immediately notify getInvoice of any unauthorized uses of your data or your account or any other breaches of security. getInvoice cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure. getInvoice may also from time to time change its policies on content and it may do this without notice. Such changes will be posted on the Website and will become effective immediately without the need for acceptance by you. You must check from time to time to ensure you are aware of them.

Member Behavior

All statements you make to us, including all information that you provide us, during enrollment must be complete, accurate and kept up to date. We will terminate your membership at any time if you violate our terms of service rules, our end user license agreement, or the spirit of our website and business. Do no harm. If you threaten us or otherwise are rude to any of our employees, we will cancel your membership.

USE OF THE SYSTEM

This Chapter applies only to Content Holders, i.e. Members who are registered to Use the System

Eligibility.

We reserve the right to refuse to allow Use of the System to any party for any reason we consider appropriate in our absolute discretion. Only Content Holders may use the System and upload material to the Website.

Prohibited Content and Activities, and Responsibility of Content Holders.

You understand that all Content is the sole responsibility of the Content Holder by whom it was uploaded. If you create or transmit or display Content to or on, or otherwise make material available by means of the Website you agree that you are entirely responsible for your conduct and the content of, and any harm resulting from, that content.

You may not use our service to violate any law of any jurisdiction, including copyright laws, other intellectual property laws, defamation laws and the rights of privacy and publicity relating to any person or entity. You agree that you will not engage in any activity that interferes with or disrupts the Services or the servers or networks used in connection with the Services.

getInvoice reserves the right, but shall have no obligation, to pre-screen, flag, filter, refuse, modify or move any Content available by means of getInvoice website.

The purpose of the Website is solely to allow Content Holders to upload content using the System.

You will not use the Website or the System to

  1. Upload, transmit or in any way make available any Content or engage in any activity:
    1. that we consider unlawful, abusive, threatening, harassing, defamatory, obscene, offensive or invasive of another’s privacy;
    2. that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    3. you do not have the legal right to make available, such as but not limited to confidential information;
    4. which violates patent laws, trade mark, copyright of any person or party; or
    5. which amounts to unsolicited or unauthorised commercial activity, contests, gambling, advertising, promotional materials, chain letters, pyramid schemes, or spam;
  2. Upload, transmit or in any way make available software viruses or any computer code designed to damage or hamper computer functionality;
  3. Interfere with the Website or the System;
  4. Violate or promote the violation of any local, state, national or international law, including securities exchange regulations, or of any rights of any person;
  5. Harass any person or exploit them in a sexual or violent manner;
  6. Collect or solicit data (including passwords) about other persons (a) under the age of 18 or (b) over the age of 18 without their explicit authorization.
  7. Harm minors or other persons in any way;
  8. Impersonate any person or entity, or misrepresent your affiliation to any person or entity including but not limited to us; forge or manipulate identifiers to any Content available through the Website or the System;
  9. commit, further or promote any criminal or tortious activity;
  10. circumvent or modify, or attempt to do so or encourage or assist any other person to do so to any security technology or software that is part of the Website;
  11. impersonate or attempt to impersonate another Content Holder, person or entity;
  12. use the account, username, or password of another user at any time or disclose your password to any third party or permit any third party to access your account;
  13. use any information obtained from the Website to harass, abuse, or harm another person or entity, or attempt to do so
  14. activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
  15. any automated use of the system, such as, but not limited to, using scripts to create or post Content;
  16. interfering with, disrupting, or creating an undue burden on the Website;
  17. accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Website on behalf of that person; or
  18. using the Website in a manner inconsistent with any and all applicable laws and regulations.

We reserve the right to investigate and take appropriate action (including legal proceedings) against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending Content from the Website and terminating the accounts of such violators

Your warranties

When you make Content available via the Website, you represent and warrant to us that:

  1. Downloading, copying and using the Content will infringe no proprietary rights of any third party;
  2. You are or you are duly authorised by the owner of copyright in all Content you upload to the Website or disclose to or distribute through the System
  3. You have (i) received such permission as may be necessary from your employer to upload or make available the Content, including but not limited to any software, or (ii) secured from your employer an any necessary written waiver covering all rights in or to the Content and that you will on request provide us with a copy thereof;
  4. you have fully complied with any third-party licenses relating to the Content, and have done all things necessary successfully to pass through to end users any required terms; and
  5. The Content is not prohibited content under this agreement and your activities are not prohibited activities.

If you want to delete Content, we will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Proprietary Rights

Ginkgo Soft’s Rights

You acknowledge and agree that the System and all Content we make available to you through the Website is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Ginkgo Soft or other proper third party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based in whole or in part on the Services or on other material created by or uploaded to the Website by us except as specifically authorized in a separate written agreement. You may not use the System to violate any law of any jurisdiction, including copyright laws, other intellectual property laws and the rights of privacy and publicity relating to any person or entity.

Your Rights

Ginkgo Soft claims no ownership over any Content submitted, uploaded or displayed by you on or through the System. You or your third party licensor, as appropriate, retain all patent, intellectual property ownership, trade mark and copyright to any Content you submit, upload or display on or through the System and you are responsible for protecting those rights, as appropriate.

Licence

By submitting, uploading or displaying Content on or through the System which is intended to be available to the members of the public, you grant us a permanent, worldwide, non-exclusive, non-transferrable, license to reproduce and convert such Content into an app and distribute it (including by sublicensing) (but not to modify or adapt an App) as well as the right to use your name, likeness, trademarks, trade names and personal information for the purpose of marketing, displaying, distributing and promoting Apps, the Website and the System.

You may terminate this license at any time by written notice to us. On receipt of such notice we will as soon as reasonably possible remove you’re Content or such of them as shall be specified by you in the notice from the Service and withdraw them from the Stores.

We serve the right to syndicate Content submitted, uploaded or displayed by you on or through the System and use that Content in connection with any service offered by us.

We reserve the right in our sole discretion to refuse to accept, upload, display or transmit any Content.

Access to the System

You will not access the System by any means other than through the interface that is provided by Ginkgo Soft for use in accessing the System except as specifically authorized in a separate written agreement.

Competing Contents

In the event that more than one Content Holder submits a Content that is substantially the same as another Content Holder’s Content, we reserve the right to accept only one of the content and have the right to refuse to accept the others irrespective of whether they are copies or independently created.

Ginkgo Soft may be developing original content that we own that may be similar to your content. That means that our content was already in development when you submitted your content and you agree to waive any intellectual property issues should you submit an content that is similar to one that we have created or are in the process of creating.

We may issue updates to our content, which may change, modify or otherwise alter the content itself, with no prior notice to you.

General

Privacy Policy

For information about our data protection practices, please see our Privacy Policy at https://app.getinvoice.net By using the System, you acknowledge and agree that Ginkgo Soft may access, preserve, and disclose your account information and any Content associated with that account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce the Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), or (d) protect against imminent harm to the rights, property or safety of Ginkgo Soft, its Content Holders or the public as required or permitted by law.

You understand that the technical processing and transmission of the System, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, devices or services.

You also understand and agree that your domain administrator may have access to your account and its content, and may suspend or terminate your account access and your ability to modify your account.

Cancellation and Termination:

You are solely responsible for properly cancelling your account. Account cancellation requests must be submitted in writing to us at info@ginkgosoft.co.th. Cancellations by phone or sent to any other email address will not be considered valid.

All of your content will be deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled. If we cancel your account for any reason we will delete your Content.

Responsibility of Website visitors.

You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Ginkgo Soft disclaims to the fullest extent permitted by law any responsibility for any harm resulting from the use by visitors.

Copyright Infringement Policy.

Ginkgo Soft asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material linked to by getInvoice violates your copyright, you are encouraged to notify Ginkgo Soft in accordance with our Copyright Infringement Policy.

If a Content Holder infringes or repeatedly infringes the copyrights or other intellectual property rights of Ginkgo Soft or others, Ginkgo Soft may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Ginkgo Soft will have no obligation to provide a refund of any amounts previously paid to Ginkgo Soft.

General Terms

We reserve the right to include such content as we consider appropriate in the Website and in the Service (including third party content, whether the third party pays us for its material to be included or not) at our absolute discretion. Such advertisements may appear in association with or in your content but you may also include advertising in your content. The proceeds of any advertising included in the Website or the Service enable Ginkgo Soft to provide the Website and the Service free of charge to users and such proceeds shall therefore be Ginkgo Soft’s.

We use third party vendors and hosting partners to provide hardware, software, networking storage and related technology needed to provide our tools and services to you.

You are not allowed to modify, adapt, repurpose or hack our tools and services or publish a third party website that falsely implies that it is associated with us.

You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve transmissions over various networks and/or modifications of the content needed to conform and adapt the content to technical requirements of connecting networks or devices.

By using our tools and service, you expressly consent to us building your content on multiple platforms and for multiple phone operating systems, even if those platforms and phone operating systems have not been invented, made public, or implemented

We may, without notice to you, withdraw your content from any Store in the event of a breach by you of these terms, and change the Description of your content. We may use your trademarks and trade name to advertise and market your content.

You acknowledge and agree that we may establish general practices, rules, guidelines and limitations concerning the use of our Platform and all other tools and services that we offer. You agree that we have no responsibility or liability for the storage or the deletion of, or the failure to store or delete any of your personal, Content, or private Information. You acknowledge that we reserve the right to log off users who are inactive for an extended period of time. In addition, you acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

Related Restrictions

These terms are void where prohibited by law and no users may use our tools and services in such jurisdictions.

User Restrictions and Limitations

You agree that we have no special relationship with users and no fiduciary duty exists that we are responsible for. We have no duty to take any action regarding which users gain access to the site or services, what content users access via our service, what content other users make available, how any content is used or interpreted, or any action any party takes in regard to any content made available via our services. You assume the sole risk and responsibility for all content provided by you. You may not resell or sublicense your Account, or give access to it including by disclosing the password, to any third person.

WE MAKE NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ONOR THROUGH THE SITE, SERVICES OR ANY WEBSITE LINKED TO THE SITE.

We are not liable for the privacy of any email address, registration or identification information, data storage, communications, trade secrets, or any other content stored in our database or transmitted through our services.

You may be provided with the ability to select a password and user ID. If so, you must provide us with accurate, complete and updated registration information or your account shall be terminated.

You may not select or use a user ID that is the name of another person or use any name that you are not legally allowed to use or one that violates the legal rights of another person or entity. You may have only one user ID. You are responsible for the security of your password and user ID.

Indemnity

You will indemnify and hold harmless us, our parent organization, subsidiaries, affiliates, officers and employees, against all costs, fees, damages and reasonable attorney’s fees, from any claim or demand made by any third party due to or arising out of your use of our tools or services and or any action you have taken relating to your use of our Website and the related tools and services.

You agree that any Apps created are made of your own volition and you agree to hold us harmless and indemnify us from any loss of any nature regarding your use of our service and that, therefore, you agree to hold harmless and indemnify us and all our subsidiaries, employees, and any agent acting on their behalf from any and all liabilities, claims, injuries, fees, costs, demands, or personal injury, including death, that may be due to or relating in any way but not limited to tort, copyright infringement, fraudulence, or intellectual property infringement, rights of privacy, publicity and any other civil, regulatory or criminal cause of action of any jurisdiction through your usage of the tools and services that we provide to you.

No Warranty

We issue no warranty whatsoever and do not make any representations or warranties regarding the availability, suitability, reliability, merchantability, non-infringement, capability, usefulness or fitness for any general or particular purpose of the site, or the tools, platform, products or services herein supplied or sold or regarding the characteristics of services provided by or through the site, or regarding the timeliness, accuracy or usefulness of information obtained from or through the site. The site, service, tools and all content contained, distributed, sold or published via the site are provided to you “As Is, Where Is”, without any warranty of any kind, express or implied. We do not promise that any or all of our services and tools will be available 100% of the time.

Limitations of Liability

Our parent entity and its officers, employees, agents and assigns will not be liable for any damage or injury caused by the use of this site, including but not limited to failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or on-line failure.

We do not warrant that our service will meet your specific requirements, will be uninterrupted, timely, secure or error-free, or that the results obtained from using our tools and service will be accurate or reliable. The quality of ay tool or service that we provide may not necessarily meet with your expectations. Should there be present any errata or error in any aspect of our tools and services, we may not correct them in a timely manner or at all.

We cannot promise that any application store operator will approve the application for your App. In the event that they do not accept your App we cannot provide you with a refund.

We reserve the right to change, modify, terminate or otherwise permanently or temporarily discontinue or alter any tool or service that we provide with no prior notice to you.

Confidential Information

You agree to refrain from disclosing any Confidential Information that belongs to us, without our prior written permission. Such Confidential Information includes information regarding our software, programming, scripts and technical specification as to each, guidelines, documentation, inventions and developments that you create based on our intellectual property, click through rates, statistics relating to our site or services, and other information marked as “Confidential” by us. Confidential information does not include information that has become known to the public through no breach by you or that has been independently developed without access to our confidential information as proven by written history of the development of the same, or otherwise rightfully received by a third party, or released pursuant to law or governmental authority or order of the Court of competent Jurisdiction.

Release of User Data

We may keep and use for our own purposes all information and data that you provide us, including site demographics and contact information. You agree that this information is freely transferrable by us and may include personally identifying information. Such information may be released by us to entities in jurisdictions that have less restrictive laws regarding privacy than the Thailand have.

We disclaim all responsibility and will not be liable to you for any such disclosure of information to any third party or entity. We may share aggregate information that is not personally identifiable with our advertisers, publishers, partners and any other third parties.

Severability and Assignment Restriction

If any provision of these terms is found to be unenforceable or invalid, that provision(s) the remaining provisions shall be valid and enforceable. This Agreement is not transferrable by you but is fully and without limitation of any nature transferrable and assignable by us.

No Agency

No agency, partnership, employment or joint venture is created by these terms. Each party is an independent contractor as to the other party. You do not have ability to represent or bind us in any way.

Intellectual Property Provisions

All content provided within or via this site is protected by various Thailand, other national and international copyright laws, patent laws, trade mark regulations and laws, and various intellectual property laws and international treaties and agreements. No intellectual property of any nature contained within or via this Site may be copied, published, or broadcast in any way without the written permission of the content owner. The content of this Site may not be “framed” or “mirrored”.

Ginkgo Soft, getInvoice, the getInvoice logo, and all other trademarks, service marks, graphics and logos used in connection with getInvoice, or the Website are trademarks or registered trademarks of Ginkgo Soft or Ginkgo Soft ‘s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any getInvoice or third-party trademarks.

You agree that you have been suitably notified of any trade mark, trade dress, service mark, copyright, patent or any other intellectual property rights or property rights of any nature and any violation by you of any such property rights is fairly deemed to be “willful” in nature.

All product names, marks, logos, symbols, and company names displayed on the Website are the property of their respective owners and subject to the protection of various laws and regulations.

Termination of Service

We reserve the right to terminate, discontinue or modify the Service or any part of it at any time without notice for any reason we deem fit.

Automatic Viewing or Usage of this Site

You may not use any automated scripts or “robots” to access, copy, or manipulate any content provided on this site. You may not engage in denial of service attacks upon the servers that publish this Site. We reserve the right to limit or terminate your access to the System if your use of it is excessive such that it significantly hinders other users.

Links to Third Party Sites

We may provide links to third party sites; however, we are not responsible for the content of such sites or their terms of use or privacy policies. Please carefully review the terms of service and privacy policies of all such sites prior to usage. You assume the risk of any usage of such third party sites.

Content Issues

We are not responsible for any Content provided to you by our site members or advertisers. We do not screen content provided by our site Members or any third parties or entities and you agree that we do not have any duty to do so prior to such being published on our site, but we reserve the right to review Content where we deem it reasonably necessary to do so to limit or avoid liability of any sort. We are not liable for any content that may be obscene, indecent, misleading, fraudulent, racist, intolerant, harmful or otherwise objectionable where such content has been displayed due the actions of one or more of our users or any third party or entity. We are not responsible for any content provided to our site by members or third parties that may infringe intellectual property rights, rights of privacy or publicity, or any rights of any nature in any jurisdiction. You agree to hold us harmless regarding any claims arising from your exposure, or the exposure of your family members, loved ones, or computers, to objectionable content and agree to waive any possible liability that we may have regarding content provided to us via members or third parties that violate any intellectual property rights or any other civil law.

You understand and agree that use of the Internet means that you are subject to the risk of receiving or viewing harmful offensive content and files. We do not promise that we will review and edit all content for safety, quality, accuracy, or decency that you encounter via our Site.

Jurisdiction/Arbitration

This Agreement will be governed by and construed in accordance with the internal laws of Thailand, excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section, all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in the jurisdiction of Thailand. If the parties fail to select an arbitrator within thirty (30) days following the date of either party’s notice of demand to conduct arbitration, then the President for the time being of the Law Society of Thailand will appoint an arbitrator in accordance with [choose appropriate arbitration rules]. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator’s award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. The arbitrator’s fees will be shared equally by the parties and each party will initially bear its own costs and attorneys’ fees, but the prevailing party shall be reimbursed by the other party for all attorneys’ fees, witness fees, and arbitration costs. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief.

Foreign Usage

We make no representation that the usage of this site, or the content provided herein will not violate the laws of your local jurisdiction. You are responsible for the laws of your jurisdiction, especially if you are accessing this site from outside Thailand.

Erratum

This site may contain typographical errors or mistakes, and we disclaim any responsibility for such errors and you agree to hold us harmless from any legal responsibility for such errors.

Modifications to the Terms

We may revise or modify any portion of the Terms from time to time. Therefore you must look at the Terms regularly to check for such changes. The modified version of the Terms (the “Modified Terms”) will be posted at https://app.getinvoice.net. If you don’t agree to the Modified Terms you must stop using the System. Your continued use of the System after the date the Modified Terms are posted will constitute your acceptance of the Modified Terms.

Notice

Notices to you may be issued via electronic mail or by surface mail, at our sole election.

Force Majeure

Neither party shall be liable for any delay or failure in performance due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed. We are not responsible for server downtime under any circumstances.