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Terms of use for Retailers

Terms of Use – Retailers


1. Legal information 
TalkDD is a system that has a presence on the Internet and is registered under the Thailand Arbitration Center (THAC). TalkDD is designed and developed to handle consumer complaints for online disputes concerning the sale of goods and services and to mediate disputes over the Internet between sellers and buyers for those buyers that are subscribers to the TalkkDD service.
 
The Thailand Arbitration Center (THAC) is located on the 26th Floor Bhiraj Tower, 689 Sukhumvit Road, Klong Tan Nua, Vadhana, Bangkok 10110 Thailand.
  • - E-mail address : info@thac.or.th ;
  • - Telephone number : +662 018 1615
 
2. Using TalkDD
TalkDD provides online alternative dispute resolution services. The online alternative dispute resolution services are, online complaint handling, online negotiation and online mediation for customers of online retailers that are also subscribers to the TalkDD service.

3. Terms of use
The Subscriber has a right to use TalkDD for as long as the Seller comply with the terms and conditions of the TalkDD User Agreement (Agreement) which includes the following TalkDD Terms of Use and the applicable TalkDD
Price Schedule You declare that:
  • you have legal capacity to accept and agree to the terms and conditions of the Agreement;
  • you have a valid e-mail address that you will be able to access during the term of your subscription to TalkDD ; and
  • you agree that third parties, including but not limited to the customers and the mediators, have the right to access TalkDD services relating to your dispute. 
 
4. You undertake to comply with all the terms and conditions of this Agreement and all applicable local laws and regulations, including data protection and intellectual property laws.
 
5. Enforceability
These Terms of Use are binding upon your acceptance during registration for  TalkDD. In all cases, these Terms of Use are deemed to be read and accepted by the Subscriber on the date of your first use of TalkDD.
 
6. Access to the platform
Use of TalkDD is made by connection to the Internet through a compatible electronic device. Compatible electronic devices e.g. pc computer, laptop or smart phone. Using the platform requires the user to access it via Internet.
 
7. Technical specifications

TalkDD makes reasonable efforts to ensure uninterrupted access to the system at all times. TalkDD will not be responsible for any and all losses or claims arising out of interruptions and inaccessibility of the TalkDD system and services. TalkDD is not liable for damages of any kind that may result from the changes and / or temporary unavailability or permanent closure of all or part of the site or the platform.
 
8. Confidentiality
The user is solely responsible for the preservation and confidentiality of its password and the consequences of its disclosure to anyone. Any use of the platform from the user assigned password is assumed as being from the user.
 
9. Responsibility
You agree to use our TalkDD system and services  and restrictive use of all information that you may have access must be in accordance with the local law, including but not limited to public order, good morals and
rights of third parties.

You agree not to disrupt
the use of other users in the platform, not to access other user accounts and not to access parts of the site where you are denied access.
TalkDD is not responsible for any malfunction of the platform, all losses and claims as a result of force majeure.
 
10. TalkDD Fees.

Your use of TalkDD is subject to the payment of fees. The price of these fees for our service(s) depends on the applicable TalkDD Price Schedule that is valid at the time of your purchase of the particular service(s). The payment is non-refundable in any event.
 
11. Associated shops
The Agreement is applicable to the Subscriber and to all shops that  have registered with TalkDD as Associated Shops (Associated shops). By accepting the Agreement, you confirm that all the Associated shops also accept and agree to be bound by the Agreement.

12. Intellectual property
All intellectual property contained in TalkDD, whether related to literary and artistic property, industrial property or know-how are and remain the sole and exclusive property of TalkDD. Any reproduction and / or representation of all or part of any of these elements without the express advance written approval of TalkDD is prohibited. You are prohibited from any other act likely to infringe directly or indirectly the intellectual property rights of TalkDD.
 
13. TalkDD logo
In addition to your rights granted above, you have the license  to
use our TalkDD logo as a trustmark of customer satisfaction, which is extended to the Associated shops. This logo is a proprietary mark owned by TalkDD and your right to use it is subject to your continued and uninterrupted fulfillment of the following terms:
  • You must continuously maintain the best standards of resolution of customers’ complaints. The best standards include but are not limited to (i) ambitiously finding an agreement with your customers over their complaints in a high percentage of cases ; and (ii) implement practically all reached agreements and/or issued decisions by neutrals assigned mediator by the Thailand Arbitration Center (THAC). Your failure to respond to a complaint filed against you or your failure to enable escalation of a customer complaint to online mediation, which you had prior agreed  is a failure to implement an achieved agreement or an issued decision.
 
14. Notification of Termination

TalkDD will continuously monitor your compliance with the above mentioned criteria. Subject to TalkDD’s right to limit, suspend or terminate use and license of TalkDD (this includes use and license of the TalkDD logo) without prior notice at our discretion for non-compliance of attempting to find an agreement with your customers, we will also notify you by email in advance if your case statistics show that there is a risk of your non-compliance with the given criteria.
 
15. Appellation  
Using the platform does not exclude the possibility for parties to
appeal through legal proceedings, and users agree that the settlement proposed via the platform could be different from the decision of the Thai Court in accordance with the Thai law when applying legal provisions.
 
16. Disclosure of data
During the term of your Agreement, online marketplaces under which you operate and
trustmark around the world will provide the TalkDD logo as part of their evaluation of you as a seller. By accepting the Agreement, you agree that during the term of the agreement TalkDD may communicate the following data to the online markets and trustmark using TalkDD:
  • anonymized case resolution statistics related to your cases;
  • whether or not you allow your buyers to escalate cases to online mediation within the TalkDD platform which subsequently appoints a neutral mediator who facilitate parties to make their own binding decision;
  • whether or not you cover all (or part of) the administrative fees of the TalkDD platform, for which your buyers would normally be liable; and
  • whether your breach of the Agreement with TalkDD resulted in the Agreement being terminated.
  • TalkDD has the right to publish these data.
 
17. Accuracy of information
You warrant that all information provided to TalkDD during the term hereof, including but not limited to information about
your juristic or legal entity, your Associated shops and/or your cases is complete and accurate to the best of your knowledge and understanding. You undertake to inform TalkDD immediately and unconditionally about any changes or updates to the information you have supplied in the course of registering to use the TalkDD system and services.
 
18. Termination of the Agreement
The Agreement can be terminated and your access to TalkDD services that includes the TalkDD logo can be withdrawn through any of the following ways:
  • We (TalkDD) have a right to limit, suspend or postpone activation of the service(s) ordered by you and to terminate the Agreement with immediate effect, if the agreed fees have not been paid on time.
 
19. Changes to Terms of Use
TalkDD reserves the rights to change the terms and conditions without prior notice.

20. Authority to Settle
The Registrant must have the authority to settle, authority to negotiate and authority to propose options and solutions to their dispute.

21. Other provisions:
  • Guarantee. TalkDD cannot guarantee that all disputes going through TalkDD will be successfully resolved. Accordingly, you understand and agree that TalkDD has no liability related to the failure to reach agreement in the course of dispute settlement and in this regard disclaims any and all liabilities.
  • Evidence. All information exchanged electronically, including but not limited to email or SMS, mobile data and log of data connection to the website are binding as evidence  between you and TalkDD. Archived copies of contract documents, orders and invoices stored on a reliable and durable media can be produced as evidence.
  • Controlling Law. The Agreement will be governed by the Thai law.
  • Contacting TalkDD If you have any questions about these Terms of Use, please contact TalkDD at info@talkdd.com