The Condition of Services
The Company reserves the right to periodically alter the Conditions, applicable laws, rules or security, and technically method of the Services of the Company for improvement of clarity and compatibility. The party shall check the Conditions at each time of service.
A la Carte defines the registration or service, purchase, and payment for reading or listening to publication of each writing or topic, including downloading or recording for offline usage.
Buffet the registration or single payment of service, purchase, and payment for reading or listening to publication by rental on monthly or annually basis, including downloading or recording for offline usage within the imposed time or the expiration of membership.
Channels of Ookbee defines distribution or online service via application, website, or any other channel which are subjected under control or care of Ookbee.
Servicing company defines the company who owns, controls, or maintains operating system, for example; Apple, Google, and Microsoft.
These companies provide platform services to download applications to use on each of their operating system, for example; Apple App Store, Google Android Market, and Windows Store.
Operating system defines software system which works as a medium between hardware and application on mobile phone, smart phone, tablet, laptop, or any other device should there be in the future, for example; iOS, Android, and Windows.
Electronic media defines book, paper, achievement, data, or any other publication which is created, published, or modified into digital or any other demonstrating electronic devices, electronic devices on internet or any other distributing channel.
Publication defines book, magazine, newspaper, and electronic audiobook appeared on the Website or application of the Company.
Application defines computer program created for the usage of mobile phone, smart phone, tablet, laptop, or any other compatible device should there be in the future.
2. General Conditions
As the party uses application or the Website, it indicates that the party accepts the Conditions of using the Service of the Company. The party shall elaborately read the terms and conditions. By creating account or using services of the Company indicates that the party had already read, understood, consented, and agreed to terms and conditions of services including rules and relevant legislation (hereinafter called "terms" or "conditions"). As the party does not agree or consent the Conditions under this contract, the party shall not be able to use service of the Company.
3. Definitions of Service and Application
The Company provides services of purchase or membership of books, journals, magazines, newspapers, electronic audiobooks, digital publications, electronic publications, or any other publication via the Website or application of the Company (hereinafter called "publication" "electronic media"). The party shall receive, read, or listen to electronic media exclusively via the application of the Company which can be downloaded from other service provider companies, i.e. Apple, Google, and Microsoft ("servicing companies") subjected under the terms and conditions on communicating devices of the party, for example; mobile phone, tablet, or any other device should there be in the future which is accessible or compatible with application (hereinafter called "the devices").
4. Creation of Account
To use the services, the party shall register an account with a password and provide relevant and accurate personal details via registration on the Website ("account data"). Additionally, the account shall be correctly edited and up to date. In case of the Company finds any false fact, the Company reserves the right to immediately pause, withdraw, or terminate the account of the party. The party shall bear the responsibility of any activity of the account and protection of the password. In case the party finds any unpermitted access of his/her account, the party should notify such access to the Company. However, the Company reserves the right to not to take responsibility of the account and password of the party with other persons. In case of the Company uses its expertise and properly applies its duty of care, the Company shall be entitled to withdraw or terminate the account of the party because of unpermitted access by other persons. The company also reserves the right to withdraw or terminate the account of the party because of abuse of rights by the party or other persons in accordance with the Conditions of the Company, except the case that the party purchases, enrols membership, or downloads publication from other companies, the party shall register to reconcile the account for further commerce in accordance to the registering conditions of the given companies.
The registration requires the minimum of 18 years of age or the minimum legal age requirement to perform legally binding juristic act. In case of necessity, the Company may require proof of age from the party.
5. The Limitation to Download
As the party purchases publication via the Website or application i.e. books, journals, magazines, newspapers, and electronic audiobooks ("publication", "content of publication", and "content of electronic media"), the party may download the content via applications i.e. Apple App Store, Google Android Market, and Windows Store ("applications source"). The communicating device of the party shall be compatible with the following operating systems; iOS, Android, and Windows and is connected to the internet. The party acknowledges that certain categories of publication and electronic media shall be limited to download, read, listen, or record depending on service conditions or imposition from policies or agreement of the Company.
The Company reserves the right not to take any responsibility for completion of uploading, access, downloading, and description of the content done by the connecting devices (including but not exhaustive to main networks and any other communicating device) which the party uses. Moreover, certain content of publication which the party had downloaded may not continue to exist for a re-download. The Company denies any responsibility of loss, destruction, damage, or cancelation of any content of publications which the party may be unable to download. In addition, the Company reserves the right to alter, pause, or cancel content of publication or related lists including any right or priority should there be without the need of prior notification to the party.
6. The Application of Content of Publication/Electronic Media
The party accepts that services and content of the publication under the control and care of the Company consist of technological security which the party cannot purchase, use, download, or perform any other similar action that may infringe copyrights or any right of the Company or any other company or person. The party agrees not to commit any tort, reverse engineering, password alteration, modification, edition, or any other similar method which is relevant to the system, services, or content of publication of the Company under any reason. The party agrees not to attempt to commit or to assist other persons to commit any tort under the Conditions of this contract. The party agrees not to access the services of the Company or of any other companies by other means than the provided software for service access. The party shall neither access nor attempt to access to any unauthorized account. The party agrees not to modify or edit software in any form or use modified software regardless of any reason including unauthorized access to services or tort of system security or service which is contrary to rules or laws.
The party agrees and accepts the Company as a service provider whom is licensed distributing and publishing rights and that the Company cannot alter the content of publication. Any opinion, suggestion, wording, service, advice, or any other information which is presented by other persons or publishers including those in publication whether on the Website or application is not guaranteed the accuracy and completion by the Company. The Company further denies any damage caused by information the party receives from services or publications.
7. The Imposition of Services and the Connection to Devices
(1) The objective of the party is to purchase, rent, or use content of publication only for individual conducts and not for commerce.
(2) The party shall download and record publication from the account of the party via devices such as mobile phone, smart phone, tablet, and laptop except in case of content rental (further details will be found below).
(3) The party cannot duplicate, copy, modify, or distribute any publication or product on the Website or application, except duplication or record only for individual use and not for commerce in accordance with the rights the party obtains from the Company.
(4) The amount or category of publication as appear on the Website or application, including such access, shall be in accordance with the Conditions or agreements of services of the Company.
8. The limitation of Usage
The party agrees not to perform the followings via the Website;
(1) Any action which is tort or infringement of right of others, illegal, or in breach of contract or duty the party has to others.
(2) Infringement of copyrights or intellectual property rights and any other right of the Company, subsidiaries, agencies of the Company, owners of publication, or other companies.
(3) Any action to cause virus media or computing code, folder, or any other program which is designed to destroy, intervene, or limit normal performance of the Service or Website (or part(s)of it) or software or hardware of computer.
(4) Illegal actions.
(5) Reverse decoding, decrypt, divide, or attempt to search code or to access source of intelligence, basis, procedures, or infrastructure of services of the Company whether partly or wholely.
(6) Using any software or any other device (whether manually or automatically) to collect data or distribute any part of the Website.
(1) The party shall make payment in accordance with the imposition of the Company or other companies (depending on each case) at the time of purchase. In addition, the party agrees and accepts not to further process any claim of rights to the Company or any agency of the Company in case of failure, interruption, or any other mistake on payment method. The Company reserves the right not to beforehand notify any alteration, cancellation, or edition of the payment method for suitability and to be in accordance with guideline practice of the Company.
(2) As the party orders purchase via application, the party shall act in accordance of payment conditions of the given application serving company.
(3) The party agrees to take responsibility of taxes or fees occurring from the purchase or service.
(4) The party agrees and accepts that in case of different currencies (for example, the party purchases publication in Thailand but the price of such publication is shown in US Dollar, etc.). The price of the purchase order to be paid by the party shall be in accordance with the exchange rate of each bank at the time of commerce.
(5) In case of price alteration of publication as appears on the Website or application, the party accepts that the Company shall not be responsible to refund to the party as the price at the time of the party’s commerce or purchase differs from the current price whether because of price reduction, promotion, or altered exchange rate of currencies in accordance with the notification of the bank.
The Company reserves the right not to take any responsibility or to refund to the party in any case, except in case that the Company cannot provide service to the party in accordance with the Conditions because of other companies, owners of publication, or publishers cease, pause, cancel, or are not legally entitled to produce or distribute such publication while the party is a member and the service or the Conditions are not as indicated at the date of the publication purchase via the purchase channel of the Company. The party is entitled to contact the Company for such circumstance or the Company shall notify the party for such alteration.
The party can apply to use, purchase, or read content of publication by membership ("the member of service"). The member of service may be subjected to member fees which are not refundable in cash. In addition, the membership of the party shall be in accordance of the conditions of the chosen company. The membership period is automatically renewable according to the chosen time period. The party agrees and accepts that the payment shall be demanded before the current membership expired date (this method depends on the serving companies). The party is able to discontinue the membership at the time of service for the next membership period or to discontinue the automatic renewal subjected to the policies of each service provider.
12. Limitation of Liability of the Company
(1) The Company reserves the right not to guarantee that the service shall be in accordance to demand of the party, not interrupted, rapid, secured, or without any mistake, that the information on the Website shall be accurate and reliable, or the quality of publication or service on the Website shall be in accordance to the demand of the party. The party bears the sole responsibility in the usage of service or access to service via the Website. The usage of service is subjected to discretion of the party and at the party’s own risk. The party shall take responsibility in all damages which may occurs because of the access of the given content whether the party obtains any oral or written suggestion or information from the Company. There is not any guarantee from the Company.
(2) The Company reserves the right not to take any responsibility to provide, maintain, or arrange stable internet connection with the device of the party, including in occasion that the party cannot download content of publication. The party agrees to take responsibility of any damage which may occur with the system of the device or any lost data because of the download of the given content whether the party shall obtain any suggestion or information from the Company.
(3) The Company reserves the right not to take any direct or indirect responsibility for any damage, defect, or loss of any circumstance from payment made to other platform service provider(s) which is related to the purchase. The Company further reserves the right not to take any responsibility for any damage, recompense, alteration, or refund in any case.
(4) The party agrees and accepts that the Company provides protective measure and electronic security system for protection of copyright and damage on the Website or application in providing service and publication. The Company reserves the right not to take any responsibility for any action caused from internet system, connection, device, outsider which is beyond the control of the Company, unauthorized access to the system, destruction to the data or program, disruption of computer system or network, and espionage of computer or network tasks.
(5) The Company reserves the right not to take any responsibility for any damage claim in accordance to law because of the usage of publication and service of the party. In addition, the Company shall limit its responsibility to the service rate paid to the Company in accordance to the proportion of the service or publication value to the time of claim.
(6) The party agrees and accepts that the Company bears no obligation in case of cease or cancellation of business, system, or services of owners of publication or other persons. The Company further reserves the right not to take any responsibility for any consequence from damages, including but not exhaustive to damages from the access of the party, inability to access or inability to service, or loss of data or expense of purchase or for any process of content to the third person on the Website or application.
(7) The Company reserves the right not to be responsible for any financial interest occurs from refund.
13. Claim for Damage
The party consents to check, maintain, compensate, and not to cause any distress to the Company, agencies of the Company, or other persons from the claim for damage, loss, and expense. For example, the lawyer fees caused from the service to the party, activity of the party, breach of contract by the party, or any activity of the account of the party (for example, any nonfeasance or action) by the party or other persons whom have access to the service or the account of the party.
14. The Link Process of Websites
The service or relevant persons under this contract may have links to connect to other websites or information sources on internet. The Company bears no authority to control such websites and information sources. The party acknowledges and agrees that the Company shall not take any responsibility for any incident which takes place on other websites or information sources. The Company shall neither guarantee, take responsibility, nor be liable to any content, advertisement, goods, service, or any other content appearing on other websites or information sources. In addition, the party acknowledges and agrees that the Company shall not be responsible or liable for any damage or loss occurring from accusation of using service, use of content, advertisement, goods, service, or content shown on or sent to websites or information sources. Nevertheless, the Website of the Company may contains links to other websites or information sources. The Company bears neither responsibility nor obligation to such information or communication of other websites. The links provided on the Website is solely for the convenience of the party. The party shall take sole responsibility to understand conditions and rules of other websites which the party engages and order the purchase.
15. Intellectual Property of the Company
All the content of the Service of the Company, for example; wording, graphic, logo, icon, picture, and any other item, including applied software, data, and any other limitation of any content which shall be accessible via the Website is a property of the Company which is unlimitedly protected under Thai and international laws on copyright and other laws regarding to protection of intellectual property including any right of the Company. The party agrees not to infringe such copyright and that the party shall act in accordance of the law. The party agrees to track and act in accordance to the copyright law and other laws including descriptions or other rules as shown in the content.
The party shall not alter any content. The individual who prepares such content shall be the ultimate copyright holder of the content. Without permission of the copyright holder, the law, or the Conditions of the Website service, the party shall not possess the right of ownership in downloading of such content via Website service. Moreover, the party shall not modify, commit reverse engineering, distribute, transfer, exhibit, participate in selling, duplicate, or commercially exploit from other persons on the website whether partly or wholly without explicit consent from the Company or the owner of the content. The Company prohibits the party from using the intellectual property of the Company or of the copyright holder of the Company, except the party is explicitly or implicitly permitted in accordance to the Conditions of this contract.
16. Rights of the Company
17. Personal Data
18. Other Conditions
The Conditions of this contract, other rules, guideline practice, and disclamation of responsibility as appeared on the Website construe an agreement between the Company, the party, and the service of the party. The contract shall be abided and that any previously oral or written agreement concerning the said contents apart from this contract shall be invalid. The Conditions present in this contract are subjected to Thai legislations. In case of any condition is voided, such condition shall not be enforceable and that such condition shall not affect the completeness of other conditions.
Policy of the Company
1. The Collected Data
As the party uses services of the Company, the Company may collect personal data and any other data from the party in accordance of the followings;
1.1 Personal Data
The Company only collects personal data in accordance to consent. For example, as the party registers to access the system as a member, the personal data collected are name, address, e-mail address, and any other personal data.
1.2 Non-Personal Data
Unidentified personal data: as the party uses the services of the Company, the Company shall collect the unidentified personal data which is a non-personal data. Such data consists of IP address, the type of internet browser, other qualifications of the party’s equipment, software of the party, domain name of the internet provider, the party’s approximate address and service history, and unidentifiable personal data in general. The data is obtained by technological method and is unidentifiable. In addition, the Company may collect unidentifiable personal data from other persons apart from the party (consisting the previous mentioned data types). This additional unidentifiable personal data from other persons apart from the party may be compiled with other data detained by the Company.
2. The Application of the Data Obtained by the Company
2.1 Personal Data
2.2 Non-Personal Data
Any non-personal data is not related to the party. The Company shall be entitled to process such data in accordance with the law.
3. The Disclosure of the Compiled Data of the Company
3.1. Personal Data
3.2 Non-Personal Data
Any non-personal data is not related to the party. The Company shall be entitled to disclose, transfer, or share such data in accordance with legitimate objectives.
4. The Limitation of Personal Data Grant
The party may use the service without personal data grant or with limitation of personal data grant. In case the party does not grant or limit the grant of personal data, the website service of the party shall be as well limited, for example; in order to create an account, name, e-mail address, and telephone number of the party are indispensable for the process.
5. The Limitation of Protection
6. Connection with Other Websites
7. The Detention and Security of the Data
The Company may detain personal data by itself or by data base which is kept and managed by associated company, agency, partner of the Company, or service provider. The Company ensures the reliability of the security of personal data obtained from service website from missing, abuses, wrongful access, negligent disclosure, alteration, and destruction. Nevertheless, the party should bear in mind that there is no absolute secured transmitting method of data via internet or e-mail i.e. e- mails sent to or from the Company are not guaranteed for security. Therefore, the party shall consider suitability of data which would be sent to the Company via e-mails.
9. The Access to Data
The user is able to directly contact the Company to update his/her personal data. The Company shall properly process the request within 30 days. Nevertheless, the Company reserves the right to deny any request it considers to be improper (for example; disproportionate data access request or request with demand to alter the data base system of the Company), impractical, or inaccurate (for example; duplicate complaint, compliant with malicious intent, and compliant which shall disturb the data of others).
10. The Detention and Deletion of Data
The Company shall detain personal data of the party as long as the party uses the services of the Company. The party may close the account by contacting the Company. Nevertheless, the Company reserves the right to detain such data for an extending period of time in accordance to law. Although certain personal data is deleted by the Company, the data may remain in backups, permanently detained media, and any other data system.