Terms and Conditions

These Terms and Conditions for the use of the website and/or the “BIOSOFT” software application are made between Jamour Corporation Limited, Jamour (Thailand) Company Limited and BIOSOFT Corporation Limited, together with their business partners (referred to as “Jamour” or the “Service Provider”) of the one part, and the user of the “Service”, the website and/or the “BIOSOFT” software application (the “User or Data Provider”) of the other part.

However, when the User or Data Provider uses the website and/or the “BIOSOFT” software application, the User or Data Provider shall be deemed to have read and fully understood these Terms and Conditions for the use of the website and/or the “BIOSOFT” software application. Use of the Service constitutes an expression of intent to agree to and accept these Terms and Conditions for the use of the website and/or the “BIOSOFT” software application in all respects.

1.Definitions

1.1 “Jamour” or the “Service Provider” means Jamour Corporation Limited, Jamour (Thailand) Company Limited and BIOSOFT Corporation Limited, together with their business partners.

1.2 “User or Data Provider” means a natural person or juristic person who uses any service of the Service Provider.

1.3 “Service” means the use of the products, goods, software and applications of the Service Provider. The products, goods, software applications and services mean:

BIOSOFT, the software for unified, centralised personnel and payroll management (“Biosoft”);
J@time time recorders and J@scan fingerprint scanners for system access and time recording;
J@dore personnel data and payroll processing services;
J@done customer consulting, assistance and support services.

2.Terms

2.1 The Service Provider shall provide services to the User under the terms and service policy set out in this document, hereinafter referred to as the “General Terms”, and under the agreement for the use of the “Service”, hereinafter referred to as the Specific Terms, as further prescribed.

2.2 The User or Data Provider may acknowledge the General Terms and the Specific Terms by accessing the services of the Service Provider.

2.3 The General Terms and the Specific Terms, together referred to as the “Terms”, constitute a material part of the provision of services by the Service Provider. The User or Data Provider has a duty to read these Terms carefully and in detail, and the Terms shall be legally binding between the User or Data Provider and the Service Provider.

2.4 For any Service that has Specific Terms, in the event that the General Terms contain wording that conflicts with those Specific Terms, the wording of the Specific Terms shall prevail and apply to that Service in place of the General Terms.

2.5 The Service Provider reserves the right to amend and supplement the Terms without giving prior written notice to the User or Data Provider.

Companion document Specific Terms Terms and conditions for the use of the “BIOSOFT” website / software application. Where the Specific Terms conflict with these General Terms, the Specific Terms prevail.

3.Acceptance of the Terms

3.1 The User or Data Provider must acknowledge and accept the Terms; otherwise the User or Data Provider will not be able to use the Service.

3.2 The User or Data Provider acknowledges and accepts the terms of service of the Service Provider implicitly from the commencement of use of the Service onwards.

3.3 The User or Data Provider shall not enter the names of other persons into the system, or impersonate any other person, without the consent of that person. The User or Data Provider must first ensure that the consenting person has acknowledged and accepted these Terms before entering that name into “BIOSOFT”. Where the User or Data Provider enters the name of a consenting person into “BIOSOFT”, the Service Provider shall deem that the User or Data Provider has warranted that the consenting person has acknowledged and accepted these Terms, and the User or Data Provider is deemed to have implicitly agreed to be liable for any damage arising as a result of a failure to acknowledge or accept these Terms.

3.4 The User or Data Provider should record or make a copy of the General Terms as evidence.

4.Provision of the Service by the Service Provider

4.1 The Service Provider may develop or improve the form and characteristics of the “Service” in order to deliver the best possible experience to the User or Data Provider, without giving prior notice to the User or Data Provider.

4.2 The Service Provider may suspend the Service temporarily or permanently, or terminate the Service for any particular User or Data Provider, if the provision of such service affects other Users or Data Providers or conflicts with the law, without giving prior notice to the User or Data Provider. The Service Provider will notify the User or Data Provider within 7 days after taking such action.

4.3 Upon suspension or termination of the Service, the User or Data Provider will not be able to access the Service, or the account details of the User or Data Provider, any document files or other content held in the account of the User or Data Provider.

4.4 The Service Provider may, at any time and at the discretion of the Service Provider, set a maximum limit on the volume of data that the User or Data Provider may send or receive through the Service, or on the amount of storage space used for any service, except where otherwise agreed in writing with the Service Provider.

5.Use of the Service by the User or Data Provider

5.1 The User or Data Provider shall provide the Service Provider with information about itself, such as identification information or contact details that are accurate, true and always current, as part of the registration process for the Service or on an ongoing basis if requested.

5.2 The User or Data Provider shall use this Service for the purposes permitted under the agreement made with the Service Provider, and shall not act contrary to generally accepted laws, rules, regulations and codes of practice, including by entering the personal data of other Users or Data Providers into the system without the consent of the personal data subject.

5.3 The User or Data Provider shall not access, use or attempt to access any service by any means other than the channels provided by the Service Provider, unless the User or Data Provider has been expressly permitted by the Service Provider to do so.

5.4 The User or Data Provider shall not engage or participate in any obstruction of or interference with the services of the Service Provider, including the servers and networks connected to the Service.

5.5 The User or Data Provider shall not duplicate, copy, reproduce, sell, exchange or resell the Service for any purpose in a manner that may unfairly affect the rights of other Users or Data Providers, whether directly or indirectly, unless the User or Data Provider has been expressly permitted by the Service Provider to do so.

5.6 The User or Data Provider shall be solely liable to any person for damage arising from a breach of the Terms.

6.Passwords and Account Security

6.1 In creating a user account for various purposes, the user has a duty to maintain the confidentiality of the password associated with any account used to access the Service, and shall be solely responsible to the Service Provider for all use occurring under the account of the User or Data Provider.

7.Privacy and Personal Data of the User or Data Provider

7.1 The Service Provider will treat personal data and protect the privacy of the User or Data Provider under the privacy policy of the Service Provider.

7.2 Where such personal data is processed by a data processor under the responsibility of the Service Provider, the Service Provider will ensure that the data processor carries out the processing in accordance with the privacy policy of the Service Provider in the same manner.

8.Content in the Service

8.1 The User or Data Provider may receive, access, create, send or display information such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images, as part of the Service or through the use of the Service, hereinafter referred to as “Content”.

8.2 Content presented to the User or Data Provider may be protected by the intellectual property rights of the owner of that Content. The User or Data Provider has no right to alter, modify, distribute, transfer or create derivative works based on such Content, whether in whole or in part, unless the User or Data Provider has been expressly permitted by the owner of that Content, or holds such a right lawfully.

8.3 The Service Provider reserves the right to screen, review, mark, alter, modify, refuse or delete any inappropriate Content from the “Service”. The Service Provider may provide clear tools for screening Content in a manner that does not conflict with the relevant laws, rules and government regulations.

8.4 The Service Provider shall not be liable to any person for any loss or damage arising from any item of Content created by the User or Data Provider. The User or Data Provider of such Content shall be solely responsible for it.

8.5 If the User or Data Provider has created, sent or displayed any Content in the “Service” to another person, the User or Data Provider shall be solely liable to any person, including the Service Provider, for any loss or damage arising from any act in relation to such Content.

9.Ownership and Intellectual Property Rights

9.1 The Service Provider, or the licensors of the Service Provider, are the only persons legally entitled to the ownership of and all benefits in, including any intellectual property rights subsisting in, the Service created by the Service Provider or by the licensors of the Service Provider, whether or not those rights have been registered.

9.2 The User or Data Provider shall not disclose information that the Service Provider has designated as confidential without the prior written consent of the Service Provider.

9.3 The User or Data Provider shall not use the trade names, trade marks, service marks, logos or domain names of the Service Provider without the written consent of the Service Provider.