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Please read the Terms of Use of this Application carefully, as accessing or using of this Application means your acceptance of all conditions and terms incorporated by references. Therefore, please do not use this Application if you do not agree to be bound by all terms and conditions.
These Terms of Use govern your access to and use of the mobile phone application of Peaberry Thai Company Limited (“Pacamara “), whether in whole or in part. This agreement contains disclaimer and other provisions that limit our liability to you.
If this Terms of Use and other Terms of Use appearing in the Application has conflict or inconsistent, terms and conditions in this document will govern. However, if you navigate from this Application to another third party application, the terms of use as stated in that application will govern your use of that application.
While Pacamara has made reasonable efforts to provide accurate and current information about Pacamara in this Application, you should not assume that information is always up to date or the Application will contain all the information related to Pacamara, You should consult and learn from various sources of information including documents that Peaberry Thai Company Limited has provided to other organizations.
Pacamara reserves the right to amend or modify the terms of use, or any of the policies or manuals of this Application at any time at the discretion of Pacamara. Any amendments or modifications will be effective immediately upon posting a revised version on the Application. Once you waive any rights that you may have in receiving notification of such amendment or modification, your continued use of the Application constitutes your acceptance of such amendments or modifications. Therefore, you should regularly review these Terms of Use and related policies to make understand the terms and conditions applicable to your use of our Application. If you do not agree with the amended terms, you should stop using the Application.
Eligibility, Registration, and Account
This Application is available to users aged 15 years or older. Unless you are under 15 years old, you should look over the terms of use under the supervision of your parents or legal guardian and make sure that your parents or legal guardian understand these conditions. To use some parts of the Application, you must register to create an account. In this regard, you agree to (a) create only one account, (b) provide accurate, truthful, and up-to date data; your password to restrict third-party access (c) notify Pacamara immediately if you find or suspect a security breach related to the Application, and (d) be responsible for all actions that occur under your account and assume the risk of unauthorized account access.
Privacy
Please read the Privacy Policy carefully to understand how Pacamara collects, uses, and discloses user’s personal information.
Pacamara Pay
Members must provide ID card number and/or personal email address to verify and redeem member benefits.
If members determine to cancel card top up done by using e-payment or credit card, members must contact Pacamara head office only. The cancelation request must be submitted to Pacamara within 7 days after transaction. Beside, members must enclose the evidence of top-up and anything requested by Pacamara for verification. Pacamara will investigate and return money to members within 30 days.
If the top-up has included any promotion and the member has already used the right of that promotion, Pacamara reserves the right to deduct money in that promotion before return remaining balance to members.
Members must present documents issued by the government that prior provided to the Application to claim their right. If the document does not match with the information prior provided to the Application, Pacamara reserves the right to deny any claims.
Members who may require tax invoice please kindly contact the head office by using email within 7 days of payment.
Pacamara Rewards
Members of Pacamara Rewards obtain caffeine points from their spending at participating Pacamara stores or their registration to Pacamara mobile application. The members can use accumulating caffeine points to redeem various benefits.
50 baht of spending is equal to 1 caffeine point
Obtain 1 caffeine point from every 50 baht spending at participating Pacamara stores or when use of registered Pacamara mobile application.
Members will obtain WELCOME status when complete download and register to Pacamara mobile application with following benefits:
Welcome Coupon 50% discount for stipulated drinks 1 coupon
Welcome Coupon Buy 1 get 1 stipulated drinks 2 coupons
Welcome Coupon Buy 1 get 1 stipulated filter drinks 2 coupons
Welcome Coupon a combo set of Bakery 149 baht 2 coupons
Special discounts for members on every Wednesday
Get a drink or cake for free in your birth month
Accumulating 200 caffeine points to be upgrade to PLATINUM
If members have accumulated 200 caffeine points in a period of 12 months, members will be upgrade to PLATINUM level with following benefits:
Welcome Voucher of 200 Baht 1coupon
Get your favorite drink for free! Redeem 50 caffeine points for a free drink of any size.
Special discounts for members on every Wednesday Get a special gift in your birth month.
Get a special gift in New Year season
Get a special discount for Seasonal products.
Get a privilege for new beverages and Single Origin coffee beans before anyone else.
To maintain PLATINUM level, members must accumulate at minimum of 200 baht in a period of 12 months after level upgrade completed and your balance is reset to zero.
Accumulating Caffeine Points
Obtain a caffeine points from every spending of 50 Baht at participating Pacamara stores or registered Pacamara mobile application, except for purchase of 500 g. and 1 kg. of coffee beans, bagged beverage ingredients, syrups, and various promotional products. The members can use accumulating caffeine points to redeem various benefits.
Accumulated Caffeine Points Have Expired.
In the Pacamara Rewards Program, accumulated caffeine points, applying to maintain member status, will be expired in12 months from the date of registration or level upgrade. Moreover, caffeine points that accumulate to redeem free beverages or rewards are valid for 12 months, starting from the following month after caffeine points obtained.
Application Disclaimer
The materials and information on the Application may contain technical inaccuracies or misspelling. Additionally, the materials, information and services on the Application are provided “as is” without any conditions, warranties or other terms of any kind. Therefore, Pacamara disclaims all warranties and conditions, express or implied, including, without limitation, implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose or need, accuracy, title and non-infringement as to the Application and the information, content and materials contained therein, or that the use of the Application is on an uninterrupted basis or is in compliance with laws applicable to users, or that information about users transmitted in connection with the Application will be successfully, accurately or securely transmitted.
Copyright and Limited License
Unless otherwise indicated, the Application and all content and other materials therein, including but not limited to, the Pacamara logo (" Pacamara "), Zana’s Bean Coffee (" Zana's Bean Coffee"), Zo Coffee ( "Zo Coffee") and all designs, text, graphics, pictures, information, data, software, audio files, other files and the selection and arrangement there of (collectively, "Application Materials") are the proprietary property of Peaberry Thailand Company Limited or its licensors or users and are protected by Thailand and international copyright laws. You are granted a limited, non-sub licensable license to access and use the Application and Application Materials for personal and informational purposes only. Such license is subject to the Terms of Use and does not include: (a) any resale or commercial use of the Application or Application Materials; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Application Materials; (d) modifying or otherwise making any derivative uses of the Application and the Application Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Application, the Application Materials or any information contained therein, except as expressly permitted on the Application; or (g) any use of the Application or the Application Materials other than for its intended purpose. Any use of the Application or Application Materials other than as specifically authorized herein, without the prior written permission of Pacamara, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring in any manner, whether by implication, estoppels or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.
Copyright Claims
If you believe any material available via the Application infringes a copyright you own or control, you may file a notification of such alleged infringement with Pacamara by sending an e-mail to [email protected].
In that notification, you should identify the URL containing the materials that you believe to infringe a copyright you own or control and should also provide the sufficient supporting materials to show that you own or control the copyright on which basis you submit the notification. If you are authorized by the owner of the copyright to submit the notification, you should also provide the sufficient supporting materials to show such authorization. Pacamara reserves the right to require you to provide additional supporting materials as we consider appropriate in our sole discretion. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
Pacamara has also adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers. Pacamara may also, in our sole discretion, limit access to the Application and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Trademark information
Pacamara and logo (" Pacamara "), Zana’s Bean Coffee (" Zana’s Bean Coffee "), Zo Coffee ("Zo Coffee") are registered trademark of Peaberry Thailand Company Limited. All other Pacamara trademarks, service marks, domain names, logos, company names and indicia of origin referred to on the Application are either trademarks, service marks, domain names, logos, company names or indicia of origin or are otherwise the property of Pacamara or licensors. Other product or company names referred to on the Application may be trademarks of their respective owners. You may not use any trademark, service mark, domain name, logo, company name, trade name or indicia of origin of Pacamara or any third party without permission from the owner of the applicable trademark, service mark, domain name, logo, company name, trade name or indicia of origin. You may contact Pacamara by sending an e-mail to [email protected] to request written permission to use trademarks, indicia of origin and materials on the Application for purposes other than stated in these Terms of Use or for all other questions relating to the Application. Pacamara also reserves all rights not expressly granted herein.
Restrictions on Use Limit
The Application may include interactive areas in which you or other registered users may create, post, send or store messages, materials, data, information, text, music, sound, photos, video, graphics, applications, tags, code, links or other items or materials on the Application ("User Content"). By using the Application, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Application any of the following:
a. Unless specifically requested by Pacamara, any “sensitive” personally identifiable information about yourself or another person (including, but not limited to, information that relates to health or medical conditions, personal identification numbers, social security numbers, credit cards, bank accounts or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious beliefs, racial or ethnic origin, or other sensitive matters);
b. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, sexually explicit, suggestive, harassing, threatening, violent, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, otherwise objectionable or which threatens our relationships with our employees, partners, customers or suppliers;
c. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and/or publish such User Content;
d. User Content that impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity;
e. Spam, direct marketing communications or any unsolicited advertising, promotional materials or other forms of solicitation or commercial content;
f. User Content that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any party or that creates liability or violates any applicable local, state, national or international law;
g. Viruses, spyware, Trojan horses, easter eggs or any other harmful, disruptive or destructive files; and
h. User Content that, in the sole judgment of Pacamara, is objectionable, restricts or inhibits any other person from using or enjoying the Application or which damages the image or rights of Pacamara, other users or third parties.
Pacamara does not control, take responsibility for or assume liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Pacamara liable for any user conduct or any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. The interactive areas are generally designed as open and public community areas for connecting and sharing with other people. When you participate in these areas, you understand that certain information and content you choose to post may be displayed publicly. You are solely responsible for your use of the Application and agree to use the interactive areas at your own risk.
If you become aware of User Content that you believe violates these Terms of Use, you may report it by sending an e-mail to [email protected]. Enforcement of these Terms of Use, however, is solely in our discretion and absence of enforcement in some instances does not constitute a waiver of our right to enforce the Terms of Use in other instances. In addition, these Terms of Use do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Application will not contain any content that is prohibited by these Terms of Use. Pacamara reserves the right, and has absolute discretion, to remove, screen or edit any User Content on the Application at any time and for any reason without notice. You are solely responsible for creating backup copies and replacing any User Content you post or store on the Application at your sole cost and expense.
If you are viewing the Application on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off the Application and the computer system you are using to prevent unauthorized User Content.
License to User Content
You represent and warrant that your User Content is not subject to any confidentiality obligations and that you own and control all of the rights to the User Content or otherwise have the right to grant the rights to Pacamara that you grant herein. Pacamara claims no ownership or control over any User Content, except as otherwise provided herein, on the Application or in a separate agreement. However, by submitting or posting User Content on the Application, you grant Pacamara and designees a worldwide, perpetual, irrevocable, non-exclusive, fully-paid up and royalty free license to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license or sub-license the User Content and your name and likeness in connection with such use of your User Content. By posting User Content, you hereby release Pacamara and designees and their employees, directors, officers and agents from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any compensation for any use of your User Content.
Submission of Ideas
Separate and apart from the User Content you provide, you can submit questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about Pacamara, our Application and our products (collectively, "Ideas"). Ideas, whether posted to the Application or provided to Pacamara by email or otherwise are entirely voluntary, non-confidential, gratuitous and non-committal. Pacamara shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Do not send us Ideas if you expect to be paid or want to continue to own or claim rights in them; your Ideas might be great, but we may have already had the same or similar idea and we do not want disputes.
Link
You are granted a limited, non-exclusive right to create text hyperlinks to the Application for non-commercial purposes, provided such links do not portray Pacamara in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. In addition, you may not use Pacamara logo (" Pacamara "), Zana’s Bean Coffee (" Zana’s Bean Coffee "), Zo Coffee ("Zo Coffee") or other proprietary graphics to link to our Application without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Pacamara trademark, logo (" Pacamara "), Zana’s Bean Coffee (" Zana’s Bean Coffee "), Zo Coffee ("Zo Coffee") or other proprietary information, including the images found at the Application, the content of any text or the layout/design of any page or form contained on a page on the Application without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Pacamara or any third party.
Pacamara makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of embedded content, third-party websites accessible via hyperlink or websites linking to the Application. Such sites are not under the control of Pacamara and Pacamara is not responsible for any embedded content or the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Pacamara and its users may provide these links as a convenience to you, but the inclusion of any link does not imply affiliation, endorsement or adoption by Pacamara of any site or any information contained therein. When you visit other sites via links or embedded content, you should understand that our terms and policies no longer govern and that the terms and policies of those third party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Application.
Third Party Content
Pacamara may provide third party content on the Application and links to web pages and content of third parties (collectively, “Third Party Content”) as a service to those interested in this information. Pacamara does not control, endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that Pacamara is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review such Third Party Content. You agree to use such Third Party Content contained therein at your own risk.
Advertising and Sales Support for Third Party Products and Services
Pacamara may display advertisements and promotions from third parties on the Application or may otherwise provide information about or links to third-party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Pacamara is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of such non- Pacamara advertisers or third party information on the Application.
Limitation on Liability
To the maximum extent permitted by applicable law, Pacamara and their officers, directors, employees, shareholders or agents shall not be liable for any direct, indirect, punitive or consequential damages, or any other damages of any kind, including but not limited to loss of income, profits, goodwill, data, contracts, use of money, or loss or damage arising from or connected in any way to business interruption, whether in tort (including without limitation negligence), contract or otherwise, arising out of or in connection with the use of or inability to use the Application, the content or the materials contained in or accessed through the Application, including without limitation any damages caused by or resulting from reliance by a user on any information obtained from Pacamara and their designees, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Pacamara' records, programs or services. In no event (but subject to the maximum extent permitted by applicable law) shall the aggregate liability of Pacamara and their officers, directors, employees, shareholders or agents, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the Application exceed any compensation you pay, if any, to Pacamara for access to or use of the Application during the six month period immediately prior to the event giving rise to such liability.
Indemnification
You agree to defend, indemnify and hold harmless Pacamara and independent contractors, service providers and consultants, and their executives, directors, employees and representatives, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Application; (b) any User Content or Ideas you provide; (c) your violation of these Terms of Use; (d) your violation of any rights of another; or (e) your conduct in connection with the Application.
Modification to the Application
Pacamara reserves the right to modify or discontinue, temporarily or permanently, the Application or any features or portions thereof without prior notice. You agree that Pacamara will not be liable for any modification, suspension or discontinuance of the Application or any part thereof.
Jurisdiction and Compliance with Laws
Access to and use of the Application and these Terms of Use are governed by the laws of Thailand, without resort to conflict of law provisions. Any legal action or proceeding relating to your access to, or use of, the Application or these Terms of Use shall be instituted only in the courts of Bangkok, Thailand. You and Pacamara agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. In case of any conflict between the provisions of the English version of these Terms of Use and those of any other language version, the English version will prevail.
Termination
Notwithstanding any of these Terms of Use, Pacamara reserves the right, without notice and in its sole discretion, to terminate your license to use the Application and your account and to block or prevent your future access to, and use of, the Application.
Severability
If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
How to contact us
Please kindly contact us if you have any comments, questions, or suggestions about the information provided in the Application.
You can contact us by email at [email protected] or by phone at 02- xxx - xxxx (Our Thailand Customer Care Team operates Monday to Sunday from 9.00 a.m. to 6.00 p.m., except public holidays)
Coffee Concept Retail Co., Ltd. 123/17 Nonsi Road, Chong Nonsi, Yannawa, Bangkok 10120 Thailand
