Terms of Service
These Terms and Conditions and our Privacy and Cookies Policy govern your use of the Lotuss.com website (Lotuss.com Site) and your relationship with Lotuss.com (Lotuss, we or us). Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions and/or our Privacy and Cookies Policy, please do not register for or use the Lotuss.com Site. Please note that to use any of the services provided on the Lotuss.com Site, you are required to register as an authorised user on the site.
- Use of the Lotuss.com Site
- Password and security
- Lotus's Member
- Excluded Services
- Intellectual property
- Use of Community Sites
- Availability of the Lotuss.com Site
- Lotuss.com's right to suspend or cancel your registration
- Lotuss.com's liability
- Third Party Websites
- Advertising and Sponsorship
- Expiry Date on Payment Card
1. Use of the Lotuss.com Site
The Lotuss.com Site is provided to you free of charge for your personal use subject to these Terms and Conditions and our Privacy and Cookies Policy. By using the Lotuss.com Site you agree to be bound by these Terms and Conditions and our Privacy and Cookies Policy.
These Terms and Conditions govern your use of the Lotuss.com Site and Online Stores and all services provided in connection with these.
We may update these Terms and Conditions from time to time and any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on the Lotuss.com Site. The changes will apply to the use of the Lotuss.com Site after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the Lotuss.com Site and the Online Stores. If you continue to use the Lotuss.com Site after the date on which the change comes into effect, your use of the Lotuss.com Site indicates your agreement to be bound by the new Terms and Conditions.
To register with Lotuss.com you must be over eighteen years of age. You must ensure that the details provided by you on registration or at any time are correct and complete. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.
4. Password and Security
When you register to use the Lotuss.com Site you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting Customer Services (see below for contact details) immediately.
If Lotuss.com has reason to believe that there is likely to be a breach of security or misuse of the Lotuss.com Site, we may require you to change your password or we may suspend your account in accordance with paragraph 13 below.
5. Excluded Services
The services provided by the Lotuss.com Site do not include the provision of computer or other necessary equipment to access the Lotuss.com Site. To use the Lotuss.com site you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone or other costs that you may incur.
6. Intellectual Property
The content of the Lotuss.com Site is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of the Lotuss.com Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Lotuss.com Site without written permission from Lotuss.com.
No licence is granted to you in these Terms and Conditions to use any trade mark of Lotuss.com or its affiliated companies including, without limitation, the trademarks LOTUSS.COM and My Lotus's.
You may not use the Lotuss.com Site for any of the following purposes:
- disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
- transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice
- gaining unauthorised access to other computer systems
- interfering with any other person's use or enjoyment of the Lotuss.com Site
- breaching any laws concerning the use of public telecommunications networks
- interfering or disrupting networks or web sites connected to the Lotuss.com Site
- making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner
Lotuss.com reserves the right to refuse to post material on the Lotuss.com Site or to remove material already posted on the Lotuss.com Site.
You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:
- any claim by any third party that the use of the Lotuss.com Site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
- any claim by any third party that the use of the Lotuss.com Site by you infringes that third party's copyright or other intellectual property rights of whatever nature; and
- any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Lotuss.com Site by you
8. Availability of the Lotuss.com Site
Although Lotuss.com aims to offer you the best service possible, Lotuss.com makes no promise that the services at the Lotuss.com Site will meet your requirements. Lotuss.com cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it to the Customer Services by email at [email protected] and we will attempt to correct the fault as soon as we reasonably can.
Your access to the Lotuss.com Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. Lotuss.com will attempt to restore the service as soon as it reasonably can.
9. Lotuss.com 's right to suspend or cancel your registration
Lotuss.com may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
You can cancel this agreement at any time by informing us in writing. If you do so, you must stop using the Lotuss.com Site.
The suspension or cancellation of your registration and your right to use the Lotuss.com Site shall not affect either party's rights or liabilities.
10. Lotuss.com's Liability
The Lotuss.com Site is provided by Lotuss.com without any warranties or guarantees. You must bear the risks associated with the use of the Internet.
The Lotuss.com Site provides content from other Internet sites or resources and while Lotuss.com tries to ensure that material included on the Lotuss.com Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Lotuss.com will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Lotuss.com Site. If Lotuss.com is informed of any inaccuracies in the material on the Site we will attempt to correct the inaccuracies as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following:
- incompatibility of the Lotuss.com Site with any of your equipment, software or telecommunications links
- technical problems including errors or interruptions of the Lotuss.com Site
- unsuitability, unreliability or inaccuracy of the Lotuss.com Site
- inadequacy of the Lotuss.com site to meet your requirements
To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Lotuss.com Site.
Nothing in this paragraph applies to Lotuss.com's liability in respect of products sold through the Online Stores.
Nothing in these Terms and Conditions shall exclude Lotuss.com's liability for personal injury or death caused by its negligence.
Our acceptance of an order takes place on despatch of the order, at which point the purchase contract will be made and you will be charged for your order.
11. Third Party Websites
As a convenience to Lotuss.com customers, the Lotuss.com Site includes links to other web sites or material which are beyond its control. Lotuss.com is not responsible for content on the Internet or World Wide Web pages outside the Lotuss.com Site.
12. Advertising and Sponsorship
Part of the Lotuss.com Site may contain advertising and sponsorship. Advertisers and Sponsors are responsible for ensuring that material submitted for inclusion on the Lotuss.com Site complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material.
13. Applicable Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of Thailand and any disputes will be decided only by the Thai courts.
14. Use of Community Sites
Each Community Site on the Lotuss.com site (together the “Community Sites”) allows users to interact with each other via message boards, and other user forums. We advise you not to post or in anyway reveal any of your personal details on the Community Sites (for example, your address and telephone number).
You may not use the Community Sites for any of the following purposes:
- disseminating any unlawful, harassing, libellous, defamatory, racially offensive, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
- transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
- transmitting material containing any form of advertising or promotion for goods and services, junk mail, chain letters or "spam";
- gaining unauthorised access to other computer systems;
- interfering with any other person's use or enjoyment of the Community Sites;
- making or transmitting or storing electronic copies of materials protected by copyright without the permission of the owner;
- impersonating another person;
- referring to specific website addresses outside of Lotuss.com; or
Lotuss does not control the content placed on the Community Sites. However, Lotuss reserves the right to refuse to post material, to remove material posted on the Community Sites and to contact you in the event that there are concerns about the content you have added to a Community Site. Lotuss may review or edit the content of the Community Sites. Therefore, if you have concerns about any of the content of the Community Sites you should contact us by selecting the “report as inappropriate” button. The relevant content may be removed from the Community Sites. If we believe that any material placed on the Community Sites by you is unlawful we may contact the relevant authority.
Lotuss makes no representations as to the validity of any opinion, advice, information or statement displayed on the message boards by third parties. You are solely responsible for the content of your messages posted on the message boards and the views expressed by individuals do not represent the views of Lotuss.com.
You will be responsible for:
- any claim by any third party that the use of the Community Sites by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
- any claim by any third party that the use of the Community Sites by you infringes that third party's copyright or other intellectual property rights of whatever nature;
- any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Community Sites by you.
By submitting material you are granting Lotuss a perpetual, royalty-free, non-exclusive licence to reproduce, modify, translate, make available, distribute and sublicense the material in whole or in part and in any form.
You will be responsible for our losses and costs resulting from your breach of these Community Sites terms and conditions.
15. Customer Text Survey
We may contact you based on any feedback you give in our grocery home shopping customer service text survey.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
If you breach these Terms and Conditions and Lotuss.com ignores this, Lotuss.com will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
Lotuss.com shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.
A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.
The Lotuss.com Site is owned and operated by Ek-Chai Distribution System Co., Ltd.
whose registered office is at 629/1 Nawamintr Road, Nuanchan, Buengkoom, Bangkok 10230, Thailand
If you have any queries please contact Customer Services at [email protected]