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Terms and Conditions for the Use of Makro Digital Services (service provided via online platform of CP Axtra Public Company Limited) (“Terms of Service”)

CP Axtra Public Company Limited (“Company”) has prepared and provided the online and digital services, such as the website, application, online media, and etc., covering all types of online media for the purpose of enabling the customers of the Company’s a more convenient access to the service in the online platform and service in the digital category. For your own benefit, please carefully read through the Terms of Service of the online service before accessing the online services of the Company. If you have any question, please submit your inquiry to the Company's Call Center at Tel. 1432 press 2 every day from 09:00 to 20:00, or Line official account: @MakroPro everyday from 07.00 to 21.00

By visiting or accessing any service through the Company’s online platform, you are deemed to have agreed and are bounded by the Terms of Service. If you do not agree and not to be bound by the Terms of Service, please stop using the Company's online services in all platforms.

1.         Introduction

1.1.      Welcome to the platform (“Site”). Please read the following terms and conditions for the use of service carefully before using this Site or opening an account (“Account”), so that you are aware of your legal rights and obligations in relation to CP Axtra Public Company Limited, its subsidiaries, and affiliates (individually and collectively referred to as “Makro”, “Makro PRO”, “Company”, “we”, “us” or “our”). The “Service” that we have provided or made available include (a) the Site; (b) the Service provided by the Site and by the Makro PRO client software made available through the Site; and (c) all news, linked pages, properties, information, short text, images, photographs, graphics, music, audio, video, text, tags, contents, programs, software, and service applications (including but not limited to any mobile service applications) or other materials made available through the Site or the Service related to the Site ("Content"). Any new features added to or embedded to the Service are also subject to this Terms of Service. This Terms of Service shall govern your use of Service provided by Makro PRO.

1.2.      The Service includes the online platform service which provides the venue and opportunity for the sale of goods between a buyer (“Buyer”) and a seller (“Seller”) (collectively, “you”, “user”, or the “licensor”). The actual contract of sale is an agreement between the Buyer and the Seller directly and Makro PRO is not a party to such contract or any contract between the Buyer and the Seller and will not accept any obligation related to such contracts. Parties to such transactions shall be liable for all contract of sale between the parties, catalogs, sales warranty, liability for product quality and safety, and the like. Makro PRO is not a part of the transactions between users.  Makro PRO shall not pre-screen users, Content, or the information provided by the user, and Makro PRO shall not guarantee that the user can complete the transaction.

1.3.      Before becoming a member of the Site, you must read and accept all terms, policies, and conditions related to this Terms of Service and you agree to accept the processing of your personal data as described in the Privacy Policy linked provided herein.

1.4.      Makro PRO reserves the rights to change, modify, suspend, or to cancel the Site or the Service, in whole or in part, at any time. Makro PRO may release certain services or features of the Service in beta version which may not work properly or in the same way that the latest version might work, which we will not be liable for such situations. Makro PRO may also set boundary for certain features or restrict access to certain parts or all of the Site or Service in our sole discretion and without notice or liability.

1.5.      Makro PRO reserves the rights to deny your access to the Site or Service, or deny you to open an account for any reason whatsoever.

By using the Service or opening a Makro PRO account, you agree to irrevocably accept and consent to this Terms of Service including the requirements, conditions, and additional policies referenced herein and/or the link provided herein.

If you do not agree with this Term of Service, please refrain from using our Service or accessing our Site. If you are under the age of 18 or have not reached the age of majority to consent to this Terms of Service in accordance with applicable laws in your country (“Majority”), you must obtain permission from your legal representative or legal guardian to open an account and such legal representative or legal guardian must agree to this Terms of Service. If you do not know whether you have reached the age of majority or do not understand the contents of this article, please do not create an account until you have asked your legal representative or legal guardian for assistance. If you are the legal representative or legal guardian of the minor who is creating the account, you will have to accept this Terms of Service on behalf of the minor and you will be responsible for all use of the Account or Company's Service in relation to such an Account whether the account is currently opened or will have been created later.

2.         Privacy

2.1.      Your privacy is very important to Makro PRO. In order to protect your rights better, we have implemented a privacy policy to explain our privacy practices in detail. Please read this Privacy Policy in order to understand how Makro PRO collects and uses information related to your account and/or your use of the Service. (“User Information”). You can read the aforementioned privacy policy in Privacy Policy.

2.2.      For the benefit of your use of the Service, you:

2.2.1.    consent Makro PRO to collect, use, disclose and/or process the Content of your personal information and User Information as described in the Privacy Policy.

2.2.2.    agree and accept that the rights to the ownership of the User Information mutually belongs to Makro PRO and your.

2.2.3.    will not disclose user information to a third party, whether in whole or in part, or allows the third party to access or use your User Information without Makro PRO's prior written consent, unless the disclosure or access is only by the effect of the applicable law.

2.3.      User who obtained personal data of other users through the use of the Service (the “Receiving Party”) agrees to (i) comply with all applicable data protection laws with respect to such information; (ii) allow user to, which the Receiving Party collects personal information (the “Disclosing Party”), delete its collected data from the Receiving Party's database; and (iii) allow the Disclosing Party to examine the information which the Receiving Party has collected, in case of (ii) and (iii) above, as and when required by applicable laws.

3.         Rights to Limited Use

3.1.      Makro PRO grants a limited and revocable rights to access and use the Service in accordance with the terms and conditions of this Terms of Service. The Content, trademarks, service marks, brand names, logos, and other intellectual property which are proprietary (“Intellectual Property”) displayed on the Site are the property of Makro PRO and/or the third-party owners as stated on the Site. No rights or licensing are granted, whether directly or indirectly, to anyone who accesses the Site to use or copy any Intellectual Property and no person accessing the Site may claim any right, title or interest in the Site. By using or accessing the Service, you agree to comply with the laws with regard to copyrights, trademarks, service marks, and all other applicable laws which protect the Service, Site, and its Content. You also agree not to copy, distribute, redistribute, transmit, display publicly, make public, change, modify, rent, sell, or create derivative works from any portion of the Service, Site, or its Content. You also shall not mirror or frame any or all of the Content on the Site on any other server, or as part of any other website without our prior written consent. In addition, you agree not to use any robot, spider, other automated device, or any manual process to monitor or copy our Content without our prior written consent. (Such consent shall be deemed to be granted for standard search engine technologies used by internet search websites to direct internet users to this Site.)

4.         Subscription and Security System

4.1.      In registering as a member of the Makro PRO’s Site, you must provide the current personal data which is true and accurate. When there is a change in such information, you must update that information and keep it up-to-date. Makro PRO will handle personal data in accordance with the Makro PRO's Privacy Policy.

4.2.      During membership registration process, you must choose a non-existing user identification ("User ID") and password by providing certain personal data. If you choose a User ID which Makro PRO, in its sole discretion, viewed as offensive or inappropriate, Makro PRO has the right to suspend or terminate your account. You may be able to use your account to access other goods, websites, or other services which we allow to access, or in connection with or working together with the Service. Makro PRO did not review and will not be responsible for any third-party Content, working function, security, Privacy Policy service, or other practices of those goods, websites or services. If you choose to undertake the foregoing actions, the conditions of service of those goods, websites, or services, including the related privacy policies, which may differ from our Terms of Service and/or Privacy Policy, such conditions may be applied to the Service mutatis mutandis.

4.3       You agree to (a) keep your password confidential and only use your User ID and password when logging in; (b) ensure that you have logged out of your account at the end of Site usage; (c) immediately notify Makro PRO of any unauthorized use of your Account, user ID and/or password; (d) ensure that your Account information is always accurate and up-to-date. You are fully responsible for all activities that arise under your User ID and Account even if you do not perform or undertake such activities. Makro PRO shall not be responsible for any loss or damage caused by the unauthorized use of your password or your failure to comply with the requirement under this section.

4.4      You agree that Makro PRO may, for any reason and at its sole discretion, and without notice or liability to you or any third party, immediately cancel your purchase order(s) and/or terminate your Account and User ID, and to delete or revoke any Content relating to your Account or User ID from the Site, or in worse case, to permanently suspend any sale or refund and/or undertake any other measures that Makro PRO deems appropriate. The cause for such termination may include but not limited to: (a) prolonged inactivity; (b) violation of the spirit or character of this Terms of Service; (c) illegal, fraudulent, harassing, defamatory, bullying or threatening behavior; (d) obtaining multiple Accounts; (e) misrepresentation of information in membership registration; (f) purchasing goods from a single seller or group of sellers in an unusual manner or in excessive amounts; (g) misuse of discount vouchers (including but not limited to selling discount vouchers to others, or sale of discount voucher or credit by raising the price higher than the actual value or the use of discount vouchers in an unusual manner or in excessive amounts on the Site); (h) a habit of hoarding goods or (I) behavior that is harmful to other users, third party, or business interests of Makro PRO. The use of Account for any illegal, fraudulent, harassing, defamatory, bullying or threatening purpose may result in the notification to the law enforcement agencies without any notice to you. If a legal dispute or litigation arises regarding your Account or your use of the Service for any reason, Makro PRO may immediately terminate your Account without notice.

4.5       User may terminate its Account if they notify Makro PRO in writing through a channel designated by Makro PRO of its intention to terminate such Account membership. Regardless of such termination, the User will remain responsible and liable for any unfinished transactions (whether commencing before or after such termination), delivery of the goods, payment for goods, or anything in the similar manner. In addition, User shall contact Makro PRO after having promptly and efficiently processed and completed all unfinished transactions according to this Terms of Service. Makro PRO is not liable and shall not be liable for any damage arising as a result of the execution of process under this section. User shall waive any and all claim for such actions.

5.         Terms of Use

5.1       The rights to use this Site and the Service are effective until terminated. These rights will be terminated as provided in the Terms of Service or when you fail to comply with any terms or conditions of this Terms of Service. In such case, notice to Makro PRO is not required for the termination to take effect.

5.2       You agree not to:

5.2.1     upload, post, transmit or display the Content in a manner that is unlawful, threatening, bullying, causing panic, harassing, painful, deceiving, defame, vulgar, obscene, defamatory, politically sensitive, invasion of another person's privacy, offensive, racially or ethnically discriminatory.

5.2.2     violate any laws including but not limited to laws and regulations relating to export and import restrictions; third party rights or our Prohibited and Restricted Items Policy.

5.2.3     upload, post, transmit or otherwise make available any Content that involves the unsupervised minor or use the Service to harm minor in any way.

5.2.4     use the Service or upload Content to impersonate another person or entity or misrepresent your affiliation with any person or entity.

5.2.5     forge headers or manipulate identifiers to conceal the origin of the Content transmitted through the Service.

5.2.6     cause, permit, or authorize any modification, creation of derivative works or translation of the Service without the express permission of Makro PRO.

5.2.7     use the Service for the benefit of third parties or in any manner not permitted by the rights granted herein.

5.2.8     use the Service or upload Content in an inappropriate, fraudulent, unethical, inaccurate, misleading, or deceptive manner.

5.2.9     open or have multiple User’s accounts to perform any action that violates the terms or objectives of this Terms of Service.

5.2.10   access Makro PRO Platform to open your User account or access your User account using any hardware, program, or unofficial program which does not belong to Makro PRO including but not limited to emulator, simulator, bot, or any other software or hardware.

5.2.11   modify the prices of goods or interfere with other users' goods listings.

5.2.12   take any action that could undermine the feedback system or the rating system.

5.2.13   attempt to fragment files, reverse engineer, disassemble or hack the Service system (or any part thereof) or defeat or destroy any encryption technology or security measures implemented by Makro PRO with respect to the Service and/or the data transmitted, processed, or stored by Makro PRO.

5.2.14   collect or store information of other Accounts’ holders, including but not limited to any personal data.

5.2.15   upload, email, post, transmit or otherwise make available of the Content that you do not have a right to make available under law or contractual relationship or authorization relationship (such as internal information, proprietary information and confidential information known or disclosed through an employment relationship or under a non-disclosure agreement).

5.2.16   upload, email, post, transmit or otherwise make available of the Content that infringes patents, trademark, trade secrets, copyrights, or other proprietary rights of others.

5.2.17   upload, email, post, transmit or make available of the unsolicited or authorized advertisements, promotional material, "junk mail", "spam", "chain letters", "pyramid schemes" or any other unauthorized form of solicitation.

5.2.18   upload, email, post, transmit or make available of any other materials that contain software virus, worm, trojan horse or any other computer code, routine, file or program designed to interfere directly or indirectly, modify, disrupt, destroy or limit the working function of any computer software or hardware, or data or telecommunication equipment.

5.2.19   disrupt the normal flow of conversation, causing the screen to “scroll” too fast for any of the Service user to type or act in a manner which negatively affects other user's ability to participate in a real-time exchange.

5.2.20   interfere, modify or disrupt the Service, server, or network connected to the Service or other users' use and enjoyment of the Service, or violate any regulation, procedure, or rule of the network connected to the Site.

5.2.21   take action or participate in any conduct that may cause direct or indirect damage, disable, overburden, or to impair the Service, server, or network connected to the Service.

5.2.22   intentionally or unintentionally use the Service to violate any applicable law, rule, code, directive, guideline, policy, or regulation of local, state, domestic or international including but not limited to laws and regulations (regardless of the legal authority) regarding anti-money laundering or anti-terrorism.

5.2.23   use the Service to violate the privacy of others, “stalk” or harass others.

5.2.24   violate Makro PRO's rights, including intellectual property rights and the passing off in respect thereof.

5.2.25   use the Service to collect or store other users’ personal data in connection with the prohibited conducts and activities listed above.

5.2.26   list the items which infringe the copyrights, trademark, or intellectual property rights of the third party or use the Service in a manner which may infringe intellectual property rights of others; and/or

5.2.27   order or encourage Users to transact outside the Site.

5.3       You fully understand that all Content, whether publicly posted or privately forwarded, is the sole responsibility of the person who originates such Content. This means that you (not Makro PRO) are solely responsible for all Content that you have uploaded, posted, emailed, transmitted or made available through the Site. Makro PRO does not control the Content posted on the Site and therefore does not guarantee the accuracy, completeness or quality of such Content. You understand that in using the Site, you may come across Content that could be considered offensive, obscene or hateful to the maximum extent permitted by applicable law. In no event shall Makro PRO be liable in any way for the Content, including but not limited to errors, omissions of the Content, loss, or damage of any kind incurred as a result of the use of or reliance on Content posted, emailed, transmitted or made available on the Site.

6.         Violation of our Terms of Service

6.1       The violations of this Terms of Service including any terms, conditions and policies of Makro PRO may result in various actions including but not limited to any or all of the following:

6.1.1     Deletion of the Account;

6.1.2     Limitation of Account’s privileges;

6.1.3     Suspension of Account and subsequently terminated;

6.1.4     Criminal prosecution; and

6.1.5     Civil prosecution including but not limited to claims for damages and/or provisional measures, or court’s restraining order.

7.         If you believe that a User on our Site violates this Terms of Service, please contact Call Center 1432 Ext. 2 or LINE Official Account: @MakroPro to report the copyrights infringement.

7.1       As stated above, Makro PRO does not permit the listing of goods that infringe upon the intellectual property rights of the brand or other intellectual property rights owners (“IPR Owners”).

7.2       Unless expressly stated otherwise, User is an independent individual or business and is not affiliated with Makro PRO in any way. Makro PRO is not an agent or representative of User and does not own and/or is an owner of any goods listed on the Site.

7.3       If you are the IPR Owner or an agent duly authorized by IPR Owner (“IPR Agent”) and you believe that your rights or your principal’s rights have been violated, please let us know by submitting an online form to LINE Official Account: @MakroPro and send us the documents listed below to support your claim. Please allow time for us to process the information submitted and Makro PRO will respond to your complaint as soon as practicable.

7.4       Claims under this Section 7 must be submitted in the form prescribed by Makro PRO, which may be updated from time to time, and at least contain the following: (a) physical or electronic signature of the IPR Owner or IPR Agent (collectively, the "Information Provider"); (b) description of the type and nature of the allegedly infringed intellectual property rights and evidence of the rights; (c) description of the nature of the alleged infringement with sufficient detail for Makro PRO to evaluate the claim; (d) URL of the name of the alleged infringer; (e) provide sufficient information for Makro PRO to be able to contact the Information Provider, e.g. postal address, phone number, and email address; (f) statement from the Information Provider that the claim was submitted in good faith and that the use of intellectual property provided by the Information Provider is not permitted by the IPR Owner or the applicable laws; (g) statement from the Information Provider that the information in the claim is accurate. In this regard, the Information Provider shall be liable and indemnify us for the damages we may suffer as a result of the information provided. Further, the Information Provider warrants that it has the appropriate rights or authorization to act on behalf of the IPR Owner in all matters relating to such claim.

7.5       Further to the infringement of intellectual property stated above, Makro PRO is not obligated to provide assistance or take any action to enforce trade agreements between Producer and Seller including the right to sole distribution and price control.

7.6       Each and every Seller agrees not to let Makro PRO and its affiliates be responsible for any and all claims for damages and the decision to remove any Content or goods from listings in relation to any intellectual property infringement claims.

8.         Details of Goods and Service, Price, Discount and Orders

 

8.1       The Seller will indicate the goods details and price for the Buyer to predetermine the purchasing of goods as an offer to the Buyer. When the Buyer has made a decision to purchase a goods or service and has made an order through a purchasing method, please verify and check the goods details and the pick-up location in the documents as shown on the screen before pressing to confirm the order.

 

8.2       Any service charge on the Site shall be at the rates set for that type of service.

 

8.3       The Buyer may use Makro PRO POINT and various discount coupons received from the Seller’s promotions and/or the Site to discount the price of goods or service under the specific conditions of the Makro PRO POINT or discount coupons.

 

8.4       Company reserves the right to set a minimum order value in accordance with changing of its business costs. In other words, the Users will not be able to confirm an order if the order value is lower than the minimum order value. The minimum order value will be communicated to you on the Site from time to time.

 

8.5       When the Buyer presses to confirm the order and complete the payment, it is deemed that the Buyer has made an offer to buy the goods directly to the Seller, and, when the Seller has pressed to confirm the order through the system, it is deemed that the Seller has accepted the Buyer's offer which constituted a contract between the Buyer and the Seller. If the Seller does not press to confirm the order within 48 hours, the order will be deemed cancelled due to the Seller’s non-responsive of the offer within a reasonable time.

 

8.6       For certain goods that are subject to specific laws or as specifically designated by the Company, including but not limited to alcoholic beverages, the Seller may sell such products through the Site only to Buyers who have a verified and authenticated alcohol selling license and under certain terms and conditions, including but not limited to (i) the minimum purchase quantity of alcoholic beverages must be not less than 10 liters per order, and (ii) alcoholic beverages will not be sold between 6:00 PM on the day prior to an election and 6:00 PM on the day of the election. The Seller warrants and represents that it is not a direct consumer/end-user of the alcoholic beverages because it purchases such alcoholic beverages for the purpose of reselling in its business, and that it has an alcohol selling license from the relevant competent authority that is valid, complete, and enforceable under the law, and has not expired, been revoked or suspended.

 

8.7       As the transaction above is entirely between the Buyer and the Seller, the Company cannot assure or guarantee that the goods will be suitable for your particular business or purpose, including but not limited to the quality and safety of the goods. If there is any damage arising from transactions or goods being transacted, the Buyers and the Sellers are required to file claims for damages and settle the legal dispute themselves. As a preliminary solution method, Makro PRO will provide a channel for the Buyer and the Seller to negotiate and settle the dispute, whereby Makro PRO will only act as a mediator and present the facts. Both the Seller and the Buyer acknowledge and agree that they will personally be responsible and will not cause the Company, Makro PRO and its affiliates to be damaged or claimed from the transactions between the Buyer and the Seller.

 

8.8       If you are uncertain or require additional information to ensure that the goods you wish to purchase is suitable for business or will meet your requirement, please contact the Call Center 1432 Ext. 2 orLINE Official Account: @MakroPro, every day from 8:00 AM to 8:00 PM. before making a purchase decision.

 

9.         Terms and Conditions of the Coupon

 

9.1       Unless otherwise provided as special conditions of each coupon, discount coupon can only be used on the Site, Makro PRO’s application and can only be used in the payment confirmation step.

 

9.2       Makro PRO reserves the right to cancel or change orders or revoke the use of discount coupon codes in the event that the discount coupon has been used improperly by referring to (but not limited to) the following events:

 

9.2.1     Suspicious or fraudulent cases of which the cash discount coupon is used instead of cash;

 

9.2.2     Unless otherwise stated as special conditions of each coupon, if you use the cash discount coupon instead of cash for discounts in an ill-manner including but not limited to the event where the code of one cash discount coupon was used by multiple Accounts or for multiple payments by the same User or group of Users and/or use of cash discount coupon in bad faith including but not limited to selling of cash discount coupons or use cash discount coupon with the purchase order with the intention to sell the cash discount coupon, you agree that Makro PRO has the right to immediately change, suspend or terminate any rights in such coupons against you, including but not limited to the claim against you for any and all damages arise from the misuse of rights or by bad faith, in which you agree to pay such damages immediately without reluctance.

 

9.3       Unless otherwise stated, discount coupons cannot (i) be used together with other promotion or other discount (except for the goods which the price were already discounted), and (ii) be applied to goods that Makro PRO is not the seller.

 

9.4       Additional terms and conditions will be specified with the discount coupon code (e.g., term, discount amount, amount of discount coupon codes, and participating goods) and those discount coupon codes are also subject to the terms of use and recall as stated.

 

9.5       Cash discount coupon cannot be exchanged for cash.

 

9.6       Makro PRO reserves the right to change the terms or cancel various promotions at any time without prior notice.

 

9.7       In the event that the discount coupon is generated by and/or co-generated with a partner company/ trade alliance (partnership), the conditions of the discount coupon may be added/modified according to the conditions set by Makro PRO and/or trade alliance.

 

9.8       The discount coupon does not apply to purchases of liquor, tobacco, baby and children food (e.g., milk power for infant and children), drug and other goods which have been excluded as announced by Makro PRO (Such excluded goods shall include, but not limited to, goods that Makro PRO is not the seller (except such goods have other special conditions announced on the Site). For example, in the case of purchasing goods that Makro PRO is not the seller, Users will not be able to apply the discount coupon as a discount for goods that Makro PRO is not the seller).

 

10.       Makro PRO POINT reward system

 

10.1      Subject to Article 10.14, User may earn points (“Makro PRO POINT”) by making purchases on the Site, Makro's stores, or through other Makro’s marketing activities as Makro and/or Makro PRO may consider from time to time. The normal rate of every Baht 1,000 (after deduction of transportation costs and discounts) will earn 1 Makro PRO POINT (excess fraction will be rounded off) [e.g., if a User purchases a goods on the Site worth Baht 1,999, the Users will earn 1 Makro PRO POINT]. However, in some cases, the point earning rate may change according to the conditions determined by Makro PRO and/or Makro in due notice. Such change may depend on the type of goods, support of commercial partners, and sales promotion measures at that time and etc.

 

10.2      Under the terms and conditions of this Term of Service, Makro PRO POINT are merely accumulative points earned from and for the used in the marketing activities of the Site and/or Makro's branches only. They do not have monetary value nor can establish a proprietary rights of the User and cannot be purchased, sold, transferred, exchanged or redeemed for cash.

 

10.3      In the event that the User purchases goods from Makro's branches, Makro PRO POINT will be credited to the User's Account within the next day from the date which the User has paid for the item in full.

 

10.4      In the event that the User purchases goods through the Makro PRO application, Makro PRO POINT will be credited to the User's Account within the next day from the date which the goods have been fully delivered to the User.

 

10.5      User can check their Makro PRO POINT balance and expiration points, benefits, promotional campaigns, point earning rate, MAKRO PRO POINT calculation rate, and use the accumulated points for discounts or redeem for other benefits as specified by Makro PRO and/or Makro via the Makro PRO application and Makro's branches.

 

10.6      Subject to Article 10.14, the User can use Makro PRO POINT: (1) as a discount on goods and services on the Site and at Makro's branches at the rate of 1 Makro PRO POINT for the discount of Baht 1 (or any other rate which Makro PRO and/or Makro may impose temporarily or permanently in each promotional or general campaign in advance). Nevertheless, User cannot use Makro PRO POINT as a full discount [e.g., if an order is worth Baht 100 and the User has 100 Makro PRO POINT, the User can only use 99 Makro PRO POINT to redeem for the discount on goods and services. User must pay an additional Baht 1 for the difference.] and/or (2) to redeem for any other benefits such as souvenirs or premium goods as specifically specified by Makro PRO and/or Makro. The rate above may subject to other detail conditions of each promotional campaign.

10.7      In using of Makro PRO POINT, the User agrees to comply with the measures set by Makro for checking and verifying the eligibility of Makro PRO POINT every time. The accumulated Makro PRO POINT that have been used or redeemed through the Site and/or Makro's branches will be processed and immediately deducted from the remaining points. User will not receive an email summarizing the use or redemption of points but may be able to check the history of point redemption at the menu "Usage History".

 

10.8      When the User has successfully confirmed the use or redemption of Makro PRO POINT, the points cannot be refunded in any case.

 

10.9      The accumulated Makro PRO POINT used or redeemed will be deducted from the points closest to expiration first (first come, first served).

10.10    The User agrees and accepts that if the User returns the goods purchased from the Site and/or Makro's branches for any reason, the User agrees to return the Makro PRO POINT earned and/or any other benefits that have been granted in the redemption of the points in prorated [e.g., if a User buys multiple items with a total value of Baht 10,000, the User will receive 10 points for the purchase. If later, the User returns 1 item worth Baht 900, then the net purchase value will be reduced to Baht 9,100, which the User will only be entitled to 9 points. Since the User receives 1 excess point, it must be returned to Makro]. In the event that the User is unable to return the Makro PRO POINT and/or any other benefits, the User agrees and accepts to reimburse Makro in cash for the value of Makro PRO POINT or the value of any other benefits received in full within 15 days after being notified by Makro in writing.

 

10.11    The Users can earn and use Makro PRO POINT only to the extent that they are entitled in accordance with these Terms and Service. In the event that the Users receive or use Makro PRO POINT in excess of his or her right for any reason, the Users agree to reimburse Makro in cash for the value of Makro PRO POINT or the value of any other benefits received in full within 15 days after being notified in writing by Makro.

 

10.12    Makro PRO POINT are valid for 2 calendar years beginning from the next calendar year in which the point was earned from the purchase. The Company will calculate to deduct accumulated points which have been expire on the last day of every calendar year [e.g., if the User makes a purchase on 30 June 2022 in the amount of Baht 1,000, the User will receive 1 Makro PRO POINT. Such point will be valid until December 31, 2024 as it is due 2 calendar years since the point was earned from the purchase in 2022].

 

10.13    Further to the expiration of Makro PRO POINT stated above, points may be lost for any of the following reasons: (1) User's Account is terminated for any reason; (2) the User has materially breached the term and conditions of this Terms of Service; (3) the User became bankrupt or granted a receivership; (4) the User became incompetent; or (5) the User passed away.

 

10.14    The Makro PRO POINT reward system, which includes the earning, using, and redeeming of Makro PRO POINT, does not apply to purchases of liquor, tobacco, baby and children food (e.g., milk power for infant and children), drug and other goods which have been excluded as announced by Makro PRO (Such excluded goods shall include, but not limited to, goods that Makro PRO is not the seller (except such goods have other special conditions announced on the Site). For example, in the case of purchasing goods that Makro PRO is not the seller, Users will not be able to earn Makro PRO POINT for such purchases, and the User cannot use his earned Makro PRO POINT as a discount for goods that Makro PRO is not the seller).

 

10.15    In the event of any dispute regarding Makro PRO POINT, the User agrees and accepts that Makro PRO has the sole authority to investigate and resolve any dispute and Makro PRO's decision shall be final. In the event that the accumulated points need to be adjusted for correction, Makro PRO reserves the right to adjust the points no later than 6 months after Makro PRO has agreed to adjust the accumulated points for the User.

 

10.16    Makro PRO does not permit the use or redemption of another person's Makro PRO POINT, including any form of trading of Makro PRO POINT. The User certifies not to proceed as such. The User is aware that such actions may be deemed a breach of contract under the terms and conditions of this Terms of Service and/or a violation of the law and Makro PRO is not involved or responsible for any and all of such actions.

 

10.17    Subject to applicable laws, Makro PRO may be obligated by law to deduct and remit withholding tax from the value of Makro PRO POINT earned by Users. The Users allow Makro PRO to deduct Makro PRO POINT, which the Users will receive from the purchase of products, in proportion to the value that Makro PRO is legally obligated to deduct. For example, if you are a purchaser whose purpose is to resell the purchased products making a total purchase of 1,000,000 baht, it will result in receiving 1,000 Makro PRO POINT, worth 1,000 baht. By applicable law, the User is entitled to a cash discount as a legal income. Hence, Makro is obliged to deduct 3% withholding tax from the value of such points and submit to the Revenue Department according to the law. As a result, you will be deducted 30 points and only 970 points will be credited to your account. In all cases, if the result of calculating points for withholding tax payment comes out as a decimal, it will always round up to an integer.

 

10.18    The Users understand that the remittance of the withholding tax will result in the remittance of such Makro PRO POINT transaction data of the Users to the Revenue Department. In case the Users do not wish to participate in this Makro PRO POINT project, you are able to contact Call Center 1432 Ext. 2 or LINE Official Account: @MakroPro in order to request not to receive such rights. If it does not appear to us that you have informed your intention not to receive such rights in writing, it shall be deemed that you wish to receive the right to this Makro PRO POINT campaign under the terms of this Article 10.

 

10.19    In case of reasonable and necessary reasons, Makro PRO may suspend or cancel the Makro PRO POINT reward system as well as change the promotions offered through the Site by posting a notice through the Site.

 

11.       Other Promotional Campaigns

 

11.1      Makro PRO may have other promotional campaigns in the future, provided that the terms and conditions of such campaigns will be as announced by Makro PRO and/or Makro on the Site or other communication channels of Company. In the event that the terms and conditions of the aforementioned campaigns are not fully covered, these Terms of Service shall apply mutatis mutandis to the extent necessary to settle any disputes that may arise.

 

12.       Payment of Price and/or Service Fee      

 

12.1      To pay for the goods you have purchased through the Site, you will be required to complete the payment process in accordance with the method available on the Site. In the event that your payment is not approved by the payment service provider of your choosing, the Company has the right to cancel your order.

 

12.2      Makro PRO will support the following payment methods:

 

12.2.1   Credit and Debit card. Credit card payment shall be made through a third-party payment gateway and the types of the card accepted by these payment gateways may vary depending on the jurisdiction in which you are located.

 

12.2.2   Bank Transfer. The Buyer can transfer money through internet banking ("Bank Transfer") to an account designated by us. The Buyer may be required to submit a remittance receipt or payment transaction reference number to Makro PRO for verification via the “Upload Receipt” function on Makro PRO application as confirmation of payment. If payment confirmation is not received by Makro PRO within three (3) days, the Buyer's order will be cancelled.

 

12.2.3   TrueMoney Wallet. The Buyer with TrueMoney Wallet account can pay via TrueMoney Wallet payment system according to the methods and conditions prescribed by TrueMoney Wallet.

 

12.3      The Buyer can change his/her preferred payment method only if it is made prior to payment.

 

12.4      Makro PRO is not responsible and will not accept any liability for any loss or damage to the Buyer arising from the delivery information and/or payment information provided by the Buyer or that the Buyer has transferred money to pay for the purchased goods incorrectly. We reserve the right to verify if the Buyer is properly authorized to use certain payment methods and may suspend the transaction until such authorization has been confirmed or cancel the relevant transaction in the absence of such confirmation.

 

12.5      In case where Makro PRO has to pay User by bank transfer (e.g., for the sale of goods or a refund from Makro PRO), the User is required to provide Makro PRO with its bank account information in order to receive payments.

 

13.       Conditions for Receiving of Goods, Returning of Goods, and Cancellation of Orders

 

13.1      You must check for accuracy and condition of the goods before signing to receive the delivery every time. If you do not reject the goods at the time of delivery and has already signed for receipt the goods, you cannot return the goods due to damage caused by the delivery of the goods. In such case, the Buyer agrees that the damage caused by the delivery of the goods shall fall on the Buyer himself.

 

13.2      After the order has been made, the Buyer may still be able to cancel the order before the goods is picked up by the carriers at the Seller's warehouse for delivery. The Buyer can contact the Call Center 1432 Ext. 2 orLINE Official Account: @MakroPro, or any channels specified by Makro PRO every day from 8:00 AM to 8:00 PM. You will receive the goods price and delivery fee back within 60 days or sooner. This subjects to the billing cycle of credit cards, banks and payment systems. If the Buyer cancels the order while or after the carrier has picked up the ordered goods from the Seller's warehouse, the Buyer will not receive a refund for the delivery fee. If the condition of the returned goods is not in its original condition or in a condition that can be resold, the cost of the goods that will be refunded to the Buyer will be deducted in proportion to the damage that has occurred.

 

13.3      For the return of the goods in any case, the Buyer can submit a request to return the purchased goods and refund the Buyer's purchase price within 7 days from the date you received the goods, via the channels, conditions and restrictions specified in the Refund and Return Policy of Makro PRO. Please see more details from Makro PRO Refund and Return Policy. The User agrees and accepts to strictly comply with the Makro PRO refund and return policy.

 

13.4      Makro PRO reserves the right to cancel any transaction (including but not limited to purchase orders) on the Site for any other reason that Makro PRO deems appropriate, including but not limited to out of stock, products shortage, or any special legal conditions or requirements. The Buyer agrees that the Buyer's only remedy is to receive a refund of the goods purchased price and delivery fee paid.

 

14.       Terms of Delivery and Pickup at Store

 

14.1      The Seller is obligated to deliver the goods in accordance with the information received from the Buyer. Makro PRO will notify the Seller when Makro PRO received the Buyer's payment for the goods from the Buyer for the Seller to continue delivering the goods.

 

14.1.1   For delivery service provided by the Seller, the Seller shall use its best endeavors to ensure that the Buyer receives the purchased goods within 3-5 business days or such period as specified by the Seller. The Seller shall be responsible for the delivery costs with the carrier service providers (which the Seller may further collect from the Buyer) as well as assume all risks associated with the delivery of the purchased goods.

 

14.1.2   For delivery service by carrier agents, the Seller shall use its best endeavors to ensure that the Seller has packed the goods ordered by the Buyer ready for delivery by its carrier agent within 2 business days of confirmation of the order or a reasonable period specified by Makro PRO. The Seller must be responsible for the shipping costs to the carrier (which the Seller may further collect from the Buyer) as well as assume all risks associated with the delivery of the purchased goods.

 

14.1.3   For the avoidance of doubt, the Seller is obligated to pay Makro PRO for shipping costs, but the Seller authorizes Makro PRO to collect such charges from the Buyer on behalf of the Seller and may deduct such amount from the Buyer's purchase price when the carrier has fulfilled the delivery order.

 

14.2      Makro PRO is not associated and shall not be liable to the Buyer, the Seller, and/or any other person for any fault, damage, or loss arising out of or in connection with the delivery of the goods.

 

14.3      For international transactions, the User understands and agrees that if the goods for sale is listed as being shipped from overseas, the goods is sold by the Seller outside of Thailand and the import and export of such goods shall be governed by the local laws and regulations of that country. The User should understand all import and export restrictions that apply to the designated destination country. The User notes that Makro PRO does not provide any legal opinion or advice on this matter, and agrees that Makro PRO shall not be liable for any risk or damage related to the import and export of such goods to Thailand in any case whatsoever.

 

14.4      Other delivery terms and limitations are specified in Delivery Policy

 

14.5      “Pickup at Store” is a service that allows Buyers to pick up their purchased items at a Makro store. The Buyers must select a store and a pickup date and time when they place their orders. Anyhow, the Pickup at Store shall be subject to the following conditions and limitations:

 

            14.5.1   Once an order has been placed, the Buyer cannot change the pickup store.

 

14.5.2   The Buyer may change the pickup date and/or time within three (3) days of placing the order. To do so, the Buyer must contact Makro PRO in advance by calling 1432 extension 2 or the contact number of the pickup store.

 

            14.5.3   When picking up an order at a store, the Buyer must present proof of purchase, such as a screen shot of the Site or an SMS message showing the order status and order number, as well as a government-issued ID card/passport to the customer service representative. If the Buyer's name does not match or if there is reason to believe that the person picking up the order is not the Buyer or the authorized recipient, Makro PRO will contact the Buyer by the phone number provided at the time of purchase to verify the identity of the person picking up the order. If the identity of the person picking up the order cannot be verified, Makro PRO reserves the right to withhold the order until the identity can be verified.

 

            14.5.4   Makro PRO reserves the right to cancel an order if the Buyer does not pick up the order on the selected date, time, and store. If an order is canceled for this reason, Makro PRO will refund the cost of the items to the Buyer. The refund will be processed in accordance with the refund terms and conditions in Section 13.2.

 

15        Seller’s Responsibility

 

15.1      The Seller should properly manage and verify that relevant information such as price, detail of goods, quantity of inventory, and the terms and conditions of sale are updated in the Seller's catalog and not to post inaccurate or misleading information.

 

15.2      As long as it does not contradict the law, the price of the goods to be sold is set by the Seller at its own discretion. The total amount to be charged to the Buyer will include the price of the goods, shipping costs, and other charges such as sales tax, VAT, customs duties and etc., and the Seller will not collect such charges from the Buyer additionally and separately.

 

15.3      The Seller agrees that Makro PRO has the right (but no obligation) to organize promotional campaign to encourage transactions between the Buyer and the Seller, and other transactions on the Site, including but not limited to reductions, discounts or rebates; or by other means from time to time according to Makro PRO's discretion. Makro PRO may collect all or part of the cost of promotional campaign or fees for participating in the promotional campaign from the Seller. Makro PRO will inform the Seller about the rules and conditions for such promotional activities. If the Seller does not wish to participate in such activities, the Seller is obligated to notify Makro PRO for the cancellation of its participation in the promotional campaign in writing within the trial period or within the period specified by Makro PRO (as the case may be), otherwise, it is deemed that the Seller agrees to comply with the measures, conditions, and methods, for the relevant promotional campaign including the payment of expenses or fees for participating in promotional campaign (if any)).

 

15.4      For the purpose of promoting the sale of the goods listed by the Seller, Makro PRO may post such items (at adjusted price) on third-party websites (such as portal sites and price comparison sites), as well as other websites (domestic or international).

 

15.5      The Seller must issue a receipt, or e-tax invoice (Physical tax invoice shall be applied only when the e-tax invoice cannot be generated. The Buyer cannot request to change the format of tax invoice issued after the tax invoice has been issued.) to the Buyer upon request.

 

15.6      The Seller acknowledges and agrees that the Buyer will be responsible for paying all taxes, customs, and duties for the goods sold and Makro PRO cannot provide legal or tax advice on this matter as laws and regulations with regard to tax may change from time to time. It is therefore recommended that if in doubt, the Seller should seek expert advice.

 

15.7      The Seller acknowledges and agrees that if the Seller violates any policy of Makro PRO, actions will be taken as stated in Article 6.1.

 

16.       Fees

 

16.1      Selling Fees

 

16.1.1   You agree that Makro PRO may charge the Seller a transaction fee upon successful completion of the purchase of the goods with the Buyer. Such fees shall be deducted from the purchase price of the Buyer's goods that Makro PRO will transfer to the Seller (“Selling Fees”). Further, such fees include the method of calculating fees and any other relevant conditions shall be in accordance with the contract for providing of platform space agreed by the Seller with Makro PRO. However, Makro PRO reserves the right to change fees at any time in which it will notify the Seller on Makro PRO’s platform from time to time.

 

16.2      Credit or Debit Card Fees

 

16.2.1   Credit or Debit Card Fee will be collected when the Buyer pays for the goods by credit or debit card whether in full or in installments. Makro PRO will collect the credit card fee by deducting such fee from the purchase price of the Buyer that Makro PRO will transfer to the Seller ("Credit or Debit Card Fee"). The Seller is solely responsible for such fees.

 

16.2.2   The rate of Credit or Debit Card Fee will be determined by Makro PRO and will be calculated based on the goods value and the shipping cost paid by the Buyer via credit or debit card for each order. In this regard, Makro PRO will inform details of Credit or Debit Card Fee collection, fees calculation method, and any other relevant conditions via the platform.

 

16.2.3   The Seller may add Credit or Debit Card Fee to the price of goods sold. In such event, the Seller agrees not to charge the Buyer any other fees associated with the use of credit or debit cards. Makro PRO reserves the right to suspend or terminate the Seller's account if the Seller violates these conditions.

 

16.3      If the fee is charged, such fees may be subject to VAT and other applicable taxes. Nonetheless, the Seller will be responsible for those taxes by itself unless otherwise agreed. The Seller acknowledges and agrees that Makro PRO may deduct applicable fees and taxes from the purchase price paid by the Buyer. Makro PRO will issue a receipt or tax e-invoice for the fees and taxes paid by the Seller upon request.

 

16.4      Makro PRO reserves the right to modify any fees and rates to be collected. If you continues to use the Service after the change of fees has been notified, you will be deemed to have immediately accepted the modification of such fees.

 

17.       Comments

 

17.1      Makro PRO welcomes all opinions from User which helps Makro PRO improve the quality of the Service provided. Please see below for more details on the feedback submission process.

 

17.1.1   written comment can be submitted by e-mail to or via the in-app feedback form.

 

17.1.2   anonymous comment is not accepted.

 

17.1.3   User affected by comment should be fully informed of the facts and given the opportunity to make explanation.

 

17.1.4   vague and degrading comments are not accepted.

 

17.1.5   User is not allowed to post comments that are defaming, profane, or otherwise unlawful on the public areas of the Site.

 

18.       Intellectual Property      

 

18.1      The Company is the owner of the Company's online services, websites, applications, social media, and etc. The owner of the work and/or the person authorized to use the copyrights work, trademark, and any intellectual property rights (which herein referred to as "Intellectual Property") in the text, images, designs and all other intellectual property works on all of the Company's online services.

 

18.2      You as a visitor and/or User of the Service have a duty to comply with the law, good ethics, including this terms and conditions strictly. You agree not to take any action which copy, modify, download, distribute or publicly publish any images, text and/or other Intellectual Property works on the website in a manner that violates Intellectual Property rights without permission from the Company.

 

18.3      You as a visitor and/or User must not take any action that will affect the normal use, security and integrity of the website or make fake statements to misrepresent facts or change the identity of website user or attempt to gain access to another website user's account or act in any way which obstructs normal use of the website and/or harm the website and other website user.

 

18.4      If any of your action above affects or the Company considers that such actions may affect the website or other website user, the Company will further take legal action where you will be responsible for any damage arising from the above actions.

 

19.       Disclaimer and Limitation of Liability

 

19.1      The Service is provided on an “AS IS” basis without warranty, claim or endorsement by Makro PRO in any manner whatsoever, either express, implied or compulsory in relation to the service including but not limited to assurance of quality, operation, non-infringement of rights, the ability to trade, or fitness for a particular purpose, nor are there any warranty arising in connection during the contact, operations, or commercial use, without limitation to the foregoing and to the maximum extent permitted by applicable law. Makro PRO does not warrant that the Service, this Site, or the work on the Site will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that the defects, if any, will be corrected or that this Site and/or its Service will be free of viruses, clocks, timers, counters, worms, software locks, spywares, trojan horses, routing, trap doors, time bombs or any other malicious code, instructions, programs or components.

 

19.2      You acknowledge the entire risk arising out of the use or operation of this Site and/or Service belonging to you to the fullest extent permitted by applicable law.

 

19.3      Makro PRO does not control, to the maximum extent permitted by applicable law, and does not warrant or have responsibility for: (a) the fitness for purpose, availability, quality, safety or legality of the goods available through the Service; or (b) the Seller's ability to sell the goods or the Buyer’s ability to pay for the goods. If there is a dispute involving one or more User, such Users agree to directly settle the disputes between them and, to the maximum extent permitted by applicable law, release Makro PRO and its affiliates from any and all claims and damages arising out of or in connection with such disputes.

 

19.4      To the maximum extent permitted by applicable law, under no circumstances shall Makro PRO be liable under contract, warranty, tort (including but not limited to negligence (whether proactive, passive or falsify) of goods liability, total liability or other theory) or other legal issues in fairness, statutory or otherwise, against:

 

19.4.1   (a) loss of use; (b) loss of profits; (c) loss of income; (d) loss of data; (e) loss of goodwill; or (f) failure to realize anticipated savings in each case either directly or indirectly; or

 

19.4.2   any indirect, incidental, special or consequential damages arising out of or in connection with your use or inability to use this Site or the Service including but not limited to damages arising out of such things, even if Makro PRO has been advised of the possibility of such damages.

 

19.5      You acknowledge and agree that your only rights with respect to any problem or dissatisfaction of the Service is to request for a termination of your account and/or stop using the Service.

 

19.6      If, notwithstanding the preceding section, Makro PRO is held liable by any court or court having jurisdiction (including against gross negligence) to the maximum extent permitted by applicable law, the liability to you or any third party shall be limited to the lesser of the following: (a) the value of the goods in dispute; and (b) Baht 2,000 (two thousand baht only).

 

19.7      Nothing in this Terms of Service shall limit or exclude liability for death or bodily injury arising out of Makro PRO's gross negligence, fraud, or any other liability on the part of Makro PRO that cannot be limited and/or excluded by law.

 

20.       Your Contributions to the Service

 

20.1      By submitting the Content for inclusion in the Service, you represent and warrant that you have all necessary rights and/or permissions to grant Makro PRO the below usage. You further acknowledge and agree that you are solely responsible for anything you have posted or made available on or through the Service including but not limited to accuracy, credibility, appearance, free of encumbrances, legal compliance and legal limitations related to the submitted ContentYou grant a permanent usage which is irrevocable, universal, non-exclusive, royalty-free, assignable and transferrable rights to Makro PRO and its successors to use, copy, distribute, republish, transmit, modify, change, create derivative works, display to public, and proceed publicly of the Content above submitted through or in connection with the Service in any form of media, and through any media channel including but not limited to for the promotion and redistribution of parts of the Service (and the work derived from the Service) without authorization; and you agree to waive any moral rights (and similar rights in parts of the world) in respect thereof. You understand that what you submit may be transmitted through various networks and may be changed to meet and adapt to the technical requirements.

 

20.2      Any materials, information or ideas that you have posted on or through the Service or transmitted to Makro PRO in any way (referred to as the "Submissions") are not considered confidential and may be published or used by Makro PRO without compensation or liability to you for any purpose including but not limited to developing, producing, and marketing goods. In sending the attachment to Makro PRO, you acknowledge and agree that Makro PRO and/or other third parties may independently develop software, applications, interfaces, products and enhancements thereof, which may have working function, code or other characteristics match or are similar to the ideas set forth in your Submissions. Thus, you have granted a permanent usage which is irrevocable, universal, non-exclusive, royalty-free, assignable and transferrable to Makro PRO and its successor for the development of the abovementioned; and to use, copy, distribute, republish, transmit, modify, change, create derivative works, display to public and proceed publicly of the enclosed above through or in connection with the Service in any form of media and through any media channel including but not limited to for the promotion and redistribution of parts of the Service (and the work derived from the Service) without authorization; and you agree to waive any moral rights (and similar rights in parts of the world) in respect thereof. This Terms of Service does not apply to personal data which is subject to our Privacy Policy except to the extent that you make such personal information publicly available on or through the Service.

 

21.       Your Representations and Warranties

 

21.1      You represent and warrant that:

 

21.1.1   you have reach maturity (and in the case of minors, having obtained the consent of a parent or legal guardian) and have the rights and ability to enter into and abide by this Terms of Service; and

 

21.1.2   you will use the Service only for the lawful purposes and in accordance with this Terms of Service and all applicable laws, rules, codes, directives, guidelines, applicable policies and regulations.

 

22.       Fraudulent or Suspicious Acts

 

22.1      In its sole discretion of Makro PRO, if Makro PRO has reasonable grounds to believe that you have made any action or transaction that may be fraudulent or suspicious, we may take measures to protect Makro PRO, other Buyers or Sellers or third parties for the refund, refusing to pay, objecting to the payments, fees, fines, penalties and any other liabilities. The measures we may take include:

 

22.1.1   we may close, suspend or limit your access to your Account or the Service and/or suspend any transaction;

 

22.1.2   we may hold for use or transfer funds in your Account in accordance with court decision and orders applicable to you or your Account;

 

22.1.3   we may immediately refuse to provide Service to you or in the future;

 

22.1.4   we may hold your money for the period necessary to protect for the liability risk against Makro PRO or third parties or where we believe that you have done any act or transaction that may be fraudulent or suspicious for the purposes of this article;

 

22.1.4.1 “Refusing of Payment” means a claim filed by a Buyer against its debit or credit card company or debit or credit card issuing bank to invalidate a payment.

 

22.1.4.2 “Objection of Payment” means objection to payment that the Buyer or Seller directly notifies Makro PRO.

 

22.1.4.3 “Refund” means the refund of the purchase price by Makro PRO due to: (a) bank of the claimant has invalidated the payment; (b) Makro PRO has  incorrectly sent the purchase price to you; (c) the Consignor is not authorized to deliver the Consignment (e.g., stolen credit card has been used by the consignor); (d) you have received payment for the goods in violation of this Terms of Service; or (e) Makro PRO wishes to object the payment to you.

 

23.       Indemnification

 

23.1      You agree to indemnify, protect, and hold harmless of Makro PRO, its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees (collectively, “Indemnified Party”) from claims, actions, proceedings and lawsuits including all debts, damages, settlements, penalties, fines, expenses and costs (including but not limited to other dispute resolution costs) incurred by the Indemnified Party arising out of or in connection with: (a) any transaction conducted on the Site; or any dispute related to such transactions except where Makro PRO or its affiliates is the seller of goods in the transaction related to the dispute; (b) hosting, operating, managing and/or administering the Service; by or on behalf of Makro PRO; (c) any violation or breach of any term or conditions of this Terms of Service and any other policies or guidelines referenced herein; (d) the use or misuse of the Service; or (e) the violation of any law or right of third party.

 

24.       Other Terms

 

24.1      The law governing these terms and conditions, any sales transaction through the Company's online service, and the dispute settlement between you and the Company with respect to such transactions shall be under Thai laws. The Buyer and Seller each represents and agrees that they will not file any claim or complaint against Makro PRO or its affiliates (except where Makro PRO or its affiliates are the distributors of the goods in the transaction arising out of such claims) in connection with any transaction made on the Site or any disputes related to such transactions.

 

24.2      The waiver of rights or failure to enforce of each and any terms and conditions shall not constitute a waiver of such terms and conditions and shall not prejudice the rights to enforce such terms and conditions in the future.

 

24.3      Any change or modifications to these Terms of Service are at the sole discretion of the Company and shall be effective upon notification or cause to appear on the website. The announcement of the changes on the website and/or sending of electronic mail and/or online application channels, is deemed to be notified to you and that you have acknowledged and agreed to comply with such changes.

 

24.4      Communications and Notification. You accept and agree that the communications between you and the Company shall be mainly by electronic means.

 

25.       In reporting of problems or complaint, the Company has set up a customer service center for you to report the problems or complaints arising from the use of the Company’s online service and shall immediately try to resolve your problem. However, if the Company fails to promptly deal or process the complaints raised by you, the Company will inform the reasons and the anticipated time to the complainant via e-mail, applications, websites, social media or telephone. You may report the problem or complaint to the Call Center 1432 Ext. 2 or LINE Official Account: @MakroPro

 

***The Company reserves the rights to limit the amount of goods to be purchased, promotional event coupons, or other digital data as stated in the Company's online Service without prior notice for any change, if any***

 

*Issue dated 18 December 2023


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