Specific Terms

1.1 “BIOSOFT” means the software for unified, centralised personnel and payroll management (BIOSOFT) which Jamour Corporation Limited (hereinafter “Jamour”) has produced, developed and provided, by Jamour Corporation Limited and its group companies, Jamour (Thailand) Company Limited and BIOSOFT Corporation Limited, together with their business partners, for the purpose of enabling the User to use data conveniently, to manage data, and to access data and various services through the use of “BIOSOFT”.

1.2 “Service Provider” means Jamour Corporation Limited and its group companies, Jamour (Thailand) Company Limited and BIOSOFT Corporation Limited, together with their business partners, hereinafter referred to as “Jamour” or the “Service Provider”.

1.3 “User” means a user or data provider of a client organisation or company who uses any service on the “BIOSOFT” website / software application of the Service Provider.

1.4 “Service” means access to data and the use of the products, software or various services of the Service Provider.

1.5 “Service Request Data” means the data used to access data or services through the “BIOSOFT” website / software application, the various details of which are determined by the User, such as the national identification number associated with the data, various detailed information, and the information required to create electronic documents (i-Document).

1.6 “Controlling Organisation” means the organisation, client company or juristic person that provides the data or the services of the User, and which has the capability and the duty to administer users in the use of the “BIOSOFT” software application.

1.7 “Partner Service Organisation” means a person or juristic person that jointly develops and facilitates the use of the “BIOSOFT” software application.

1.8 “User Account (User ID)” means an attribute or set of attributes relating to a person that is unique and can identify or distinguish that person in a given context (Identity), collected and recorded in digital form, which identifies or distinguishes the person in electronic transactions with the Service Provider or the Controlling Organisation.

1.9 “Authenticator” means a thing that a person possesses and controls for the purpose of authenticating themselves in order to transact with the Service Provider or the Controlling Organisation, in the form of a User ID and a Password.

1.10 “these Terms” means these Terms and Conditions for the use of the “BIOSOFT” software application, as amended and supplemented (if any).

1.11 “Additional Terms” means any other agreement and conditions that are separate from these Terms and that relate to the use of the “BIOSOFT” software application, such as the Privacy Policy of the Service Provider, the Privacy Notice, the Data Processing Addendum and the cookie policy of the “BIOSOFT” software application, which address the collection, use, processing and disclosure of the personal data of Users for the performance of the mission of the Controlling Organisation.

2.1 The User acknowledges and agrees that acceptance of these Terms shall be deemed that the User has read, understood and agreed to be bound by the rules and conditions set out in these Terms.

2.2 The User acknowledges and accepts that the Service Provider may have terms and conditions of service, and that the User has read, understood and agreed to be bound by the terms and conditions of service of the Service Provider.

2.3 If the User does not accept these Terms, the Additional Terms, or the terms and conditions of service of the Service Provider, please cease using and request cancellation of the use of the “BIOSOFT” software application at the Controlling Organisation and the Customer Support of the Service Provider, and/or through such other channels as the Service Provider may prescribe.

3.1 To use the “BIOSOFT” software application, you must register in order to open a User Account (User ID) and subscribe through the “BIOSOFT” website / software application of the Service Provider, via the channels prescribed by the Service Provider. You must register with information that is accurate, true and current, and you must complete identity verification in accordance with the procedures prescribed by the Service Provider.

3.2 In the event of a problem with subscription to the Service, registration, or the assignment of rights, the User may contact the Service Provider through the system administrator of the organisation or client company (the Controlling Organisation) and the Customer Support of the Service Provider. In such a case, the Service Provider may request the User to submit necessary documents or to take any further action, such as submitting a copy of an identification document, for the purpose of verifying the identity of the User.

3.3 The User may report faults, request further advice, or change the details of the Service at the Controlling Organisation and the Customer Support of the Service Provider, and/or through such other channels as the Service Provider may prescribe.

4.1 The User Account (User ID) for which the User subscribes and registers is for the use of that User specifically, and the User is the sole owner of the account. The User may not transfer any right or duty in the User Account (User ID) to any other person.

4.2 For the security of the User, the following Authenticators are prescribed for use through the “BIOSOFT” website / software application:

• a password for accessing your User Account (User ID), which must be created and set during the user account registration process, for use in authenticating access to the User Account (User ID) and issuing instructions through the “BIOSOFT” website / software application and/or the services offered through the “BIOSOFT” website / software application; and
• a Password, which the user must create and set during the process of subscribing to the “BIOSOFT” website / software application, for use in authenticating the use of the “BIOSOFT” website / software application and/or the services offered through the “BIOSOFT” website / software application.

4.3 The User must not under any circumstances disclose the Authenticator to any other person, and the User must keep the Authenticator confidential and personal, because any instruction issued through the User Account (User ID) and Password of the User using such Authenticator shall be deemed a valid and complete instruction that binds the User as if it had been carried out by the User personally. If any damage arises from the loss or disclosure of the Authenticator, or from any other cause, the Service Provider shall not be liable in any respect.

4.4 The User may personally change the Authenticator in accordance with the methods and rules prescribed by the Service Provider.

4.5 If the User forgets the Authenticator, the User may contact the system administrator of the Controlling Organisation and the Customer Support of the Service Provider, and/or such other channels as the Service Provider may prescribe.

4.6 The Service Provider may send automatic notification letters and/or email messages to the User at the address specified by the User. Accordingly, if the User changes their email address or electronic contact details, the User shall change such information with the system administrator of the Controlling Organisation and the Customer Support of the Service Provider, and/or through such other channels as the Service Provider may prescribe.

4.7 The User may suspend or cancel the User Account (User ID) and/or the use of the “BIOSOFT” software application at any time, personally, through the various channels prescribed by the system administrator of the Controlling Organisation and the Customer Support of the Service Provider, and/or such other channels as the Service Provider may prescribe. Such suspension of the User Account (User ID) and/or of the use of the Service shall take full effect from the time the Service Provider receives notice from the User, and the Service Provider shall not be liable for any damage arising before such suspension or cancellation takes full effect. If the User wishes to lift the suspension of the User Account (User ID) and/or of the use of the “BIOSOFT” software application as above, the User may do so by contacting the system administrator of the Controlling Organisation and the Customer Support of the Service Provider, and/or such other channels as the Service Provider may prescribe.

5.1 The User agrees and accepts that the various items of information concerning access to the “BIOSOFT” software application service that the Service Provider and the Controlling Organisation receive from the User are material to access to the “BIOSOFT” software application service, and that the Service Provider has no further duty to verify any information. Once the Service Provider has taken any action in accordance with the above information, the Service Provider shall be deemed to have performed correctly and completely in all respects. If any defect or error arises from acting in accordance with such information, the User consents to be responsible for the act and for the damage arising from such act in all respects, and the Service Provider shall not be liable in any way whatsoever.

5.2 The User warrants that any image, name, symbol, mark and/or information of the User that is configured for display or for any operation in the use of the “BIOSOFT” software application service is genuine information and is the intellectual property of the User, and/or that the User has the lawful right to use it for that purpose. If any damage is caused to the Service Provider as a result of the use of such image, name, symbol, mark and/or information with the “BIOSOFT” software application service, the User agrees to indemnify the Service Provider for all damage incurred.

5.3 In the event that the User uses the Service or carries out any type of transaction through the “BIOSOFT” software application and a defect or error occurs, for whatever reason that defect or error may have arisen, the User agrees and consents that the Service Provider and the Controlling Organisation shall have full authority to correct the defect or error so that it accords with the facts. The User agrees that all documents and content relating to the actions of the Service Provider and the Controlling Organisation, being documents and content prepared by the Service Provider in order to correct the above defect or error, are correct and complete documents that may be used as legal evidence in all respects.

6.1 The Partner Service Organisation has a duty to jointly develop, improve and maintain the service support system (Backend), together with the infrastructure and the various items of equipment of its own organisation that are related to it, so that they can connect and work efficiently with the “BIOSOFT” software application.

6.2 The Partner Service Organisation must respond to Service Request Data from Users within a reasonable period of time, whether by way of an automatic response (Automatic Process) or a response following action by the staff of the Partner Service Organisation (Manual Process).

6.3 The Partner Service Organisation must put in place appropriate security systems and measures for the infrastructure systems and the various items of equipment of its own organisation that are related to it, in order to prevent the “BIOSOFT” software application from being damaged, from being unable to operate, or from being otherwise significantly and/or adversely affected.

6.4 If the service support system (Backend), or the infrastructure and the various items of equipment of the organisation that are related to it, encounters a problem and is unable to provide service to any one User or to all Users, the Partner Service Organisation must notify the Service Provider and cooperate with the Service Provider in resolving the various situations so that Users can resume using the Service as soon as possible.

6.5 In the event that the Partner Service Organisation is in the position of a data controller with the authority to decide, to determine the form of, and to determine the purposes of the processing of personal data under the Personal Data Protection Act B.E. 2562 (2019), the Partner Service Organisation consents to appoint the Service Provider to act as a data processor in accordance with the details set out in the Data Processing Addendum of the “BIOSOFT” software application.

7.1 The User accepts that any record, evidence or document that the User has created as a result of using the Service through the “BIOSOFT” software application is correct in all respects, without the User being required to verify or sign it beforehand in any way.

7.2 If any content, information and/or document and/or details that the User has submitted through the “BIOSOFT” software application, in whatever form it may have been sent, contains an error or a defect, and the User wishes to correct such error or defect, or to change any information, the User must give prior written notice to the Service Provider and/or the Controlling Organisation through the prescribed channels, in the form prescribed by the Service Provider, together with copies of the relevant supporting documents that are to be corrected or changed.

7.3 Any action that the User has scheduled in advance through the “BIOSOFT” software application, before requesting cancellation of such advance instruction with the Service Provider, is agreed by the User to remain valid and binding on you until the User has properly and completely cancelled that advance instruction.

7.4 The User warrants that all content, information, documents and details that appear and/or that have been made through the “BIOSOFT” software application, in whatever form they may have been sent, are accurate and genuine. In the event of an error in the provision of the Service arising from an error or defect in such content, information and/or documents and/or details, or if any defect or error occurs, for whatever reason, the User agrees that the Service Provider, the Controlling Organisation and the Partner Service Organisation shall not be liable in any way, and waives the right to bring an action requiring the Service Provider to pay any money or damages arising from the above error.

7.5 The User acknowledges and agrees that where the User records, requests and receives data from the “BIOSOFT” software application, “BIOSOFT” only performs the function of receiving and forwarding data and/or storing Logs of the usage data of the User. The Service Provider is unable to access, itemise and/or interfere with the content of the data in order to alter that data.

7.6 The User acknowledges and agrees that the contractual relationship (which includes claims and liabilities) between the Service Provider and the User in relation to the products and services of the Service Provider is a binding relationship between the Service Provider and the User only. The Service Provider is directly responsible to the User for any products and services that are offered and provided to the User, and the Service Provider is not responsible for the products and services of the User.

7.7 The User agrees not to do anything that would have the effect of requiring the Service Provider or the Partner Service Organisation to become involved in a dispute between the User and any other person that arises out of or is connected with the provision of the “BIOSOFT” software application service under these Terms. If the User has any defence and/or claim, the User will pursue it with that other person itself.

8.1 The Service Provider shall be liable to the User only in the following cases:

8.2 If, during the course of any operation, the User is unable to connect to the “BIOSOFT” software application, that operation shall be deemed unsuccessful. If the User wishes to proceed with any further action, the User must connect to the “BIOSOFT” software application in order to start that operation again.

8.3 The User agrees and accepts that the Service Provider and the Partner Service Organisation shall not be liable for the inability of the Service Provider to comply with these Terms, or for any transaction or use of the Service being unsuccessful or delayed (unsuccessful transaction), as a result of any one of the following cases. In such cases, the Service Provider has the right not to provide the Service on that occasion as the Service Provider sees fit, and the User shall not rely on such cause as a claim requiring the Service Provider to be liable for any damage arising whatsoever:

8.4 The provision of the Service does not cover problems arising from the service support system (Backend) of the Partner Service Organisation (if any), or from the use of equipment that the User has procured for use with this Service itself. If the User wishes the Service Provider to investigate such a problem, the User must make a written notification of that wish to the Service Provider, so that the Service Provider may consider the request of the User on a case-by-case basis.

9.1 If the Service Provider wishes to terminate the provision of the “BIOSOFT” software application service, the Service Provider will give the User at least 90 days' prior written notice, or as set out in a written agreement signed by both parties. Upon expiry of that period, these Terms shall be deemed to cease to have effect immediately. However, such termination of the Service shall not extinguish the rights and/or duties that the Service Provider and the User have towards each other arising from anything done before the use of the Service under these Terms ceases to have effect.

9.2 Furthermore, the User agrees and accepts that the Service Provider has the right to suspend and/or terminate the provision of the Service immediately in the event that the User breaches these Terms, the Additional Terms, or the terms and conditions of service of the Partner Service Organisation; or where there is an event that gives the Service Provider reasonable grounds to believe that the User is using the “BIOSOFT” software application with a tendency towards dishonest intent and/or in a way that causes damage to other persons; or where the User creates and/or uses forged documents in support of an application to use the “BIOSOFT” software application; or in the event of a change in circumstances arising from the enactment of a newly issued law, or a change in the law, or a change in the enforcement of any law, or in the interpretation of any law, order, regulation or requirement differing from before, or the issuance by the authorities of any new order, regulation or requirement, the effect of which is that the Service Provider must immediately suspend and/or terminate the provision of the “BIOSOFT” software application service. The User agrees not to claim that the Service Provider is liable for any damage arising whatsoever.

9.3 The User agrees and consents that the Service Provider has the right to suspend and/or terminate the “BIOSOFT” software application service immediately in the event that the User has not complied with the service fee agreement with the “BIOSOFT” software application for a continuous period of 90 days from the date of the most recent service fee payment, or such other period as the Service Provider may prescribe, without the Service Provider being required to give notice to or obtain the consent of the Service Provider again. The User agrees not to treat such action as depriving the User of a benefit or causing damage to the User, and will not claim that the Service Provider is liable for any loss of benefit or damage arising whatsoever.

9.4 In the event that the Service Provider, upon investigation, finds that there has been a modification or alteration of the equipment, including the system of the equipment, of the User that uses the “BIOSOFT” software application service — such as the modification or alteration of the operating system of an iPhone telephone (iPhone Operating System: iOS) (which is known as Jailbreaking), or the modification or alteration of the operating system of a telephone that uses Android (which is known as Rooting) — the Service Provider has the right to suspend or terminate the “BIOSOFT” software application service of the User immediately, without the Service Provider being required to give prior notice to the User. This is for the security of the User in using the Service, and the User waives the right to claim any damages from the Service Provider in all respects.

9.5 The Service Provider has the right not to provide, or to suspend or terminate, the Service at any time, by giving the User not less than 30 days' prior notice, except where the Service Provider considers that acting in accordance with these Terms may be contrary to the law, to public order, or to the good morals of the people; or where there are circumstances giving rise to a belief that the Service is being used or that transactions are being made in the manner of a Robot, or dishonestly or improperly in any way whatsoever; or where it may give rise to an effect on the overall provision of the Service by the Service Provider; or where there is a security problem; or where there is a necessary cause requiring maintenance or repair of the “BIOSOFT” software application service or of the related systems used in providing the Service; or where there is any other necessary cause of which prior notice cannot be given.

10.1 The Service Provider has selected technology and security measures for transactions on computer networks in order to protect the data of the User during the transmission of data over communication networks, or from data theft by any person or by any other network, being any system that has not been authorised to connect to the network of the Service Provider, such as Firewall and Secured Socket Layer (SSL) encryption.

10.2 The Service Provider attaches importance to the protection of personal data, as set out in the Privacy Notice, the Data Processing Addendum and the cookie policy of the “BIOSOFT” software application.

10.3 The User consents to the Service Provider, or a person appointed by the Service Provider, being able to access the personal data of the User for the benefit of verification, or identity authentication, or problem resolution, as well as service support during the use of the Service, as requested by the User, or in order to send notifications to and coordinate with the User as necessary.

11.1 Notices or other communications under these Terms, or in connection with them, must be made in writing and delivered by hand or sent by post or by email to the other party at the following addresses:

12.1 These Terms shall be applied and governed by Thai law, and the Thai courts shall be the courts having jurisdiction to adjudicate disputes arising under these Terms.

13.1 The Service Provider has the right to amend, change and supplement these Terms, and any details relating to the website / application of the “BIOSOFT” software application, including the Additional Terms, without giving prior notice to the User.

14.1 The Service Provider may find it necessary to disclose the information of the User to government officials or agencies, where the Service Provider receives a request or an order, or where it is a performance or an exercise of power under the law, notifications or regulations of the authorities.

14.2 The Service Provider has the right to transfer any right and/or duty under these Terms to another person without being required to seek consent from or give prior notice to the User. However, any right and/or duty of the User under these Terms may not be transferred to another person unless prior written consent has been obtained from the Service Provider.

14.3 In the event that these Terms are made in both the Thai language and the English language, and there is any conflicting or inconsistent wording between those languages, the Thai language version shall prevail.