Term of Service One Account
Aksorn Education Public Company Limited (“Aksorn”) is a developer and owner of Aksorn One Account service system (“One Account”) with the aim of being the tool to help support the Learning Performance of service users involved in all educational systems.
When you apply for One Account and agree to the use according to the Announcement on Personal Data Processing of Aksorn One Account Users, you will be considered as (“User”), which is an agreement between you and Aksorn to use services, regardless of your access channel. For the benefit of your own use, you certify that you have read and understood the announcement, terms and conditions, including the conditions specified in other documents and any information provided by Aksorn to you well.
If the user neither agrees nor accepts the terms of using services herein or under other amendments, Aksorn reserves the right to prohibit or not allow such user to use “One Account”. The user's continued use of “One Account” will be considered by Aksorn as that service user's agreement to comply with the terms of Aksorn services always.
For the avoidance of doubt, One Account's “users” may be divided into several groups of data subjects, namely (1) schools or educational institutions (2) teachers (3) students (4) students' parents (5) general public. Each type of users acknowledges that the users may not be able to use all One Account services, depending on the rights to use the service of each type.
- Services and operation of “One Account”
Under the operation of “One Account”, Aksorn agrees to provide the tools that will help support the learning performance for service users. So as to achieve the stated main objectives, Aksorn has designed One Account services through 5 main Function activities as follows.
- To provide knowledge and training through teaching materials that are Aksorn's copyright.
- To be the tool for educational management related to providing knowledge, training for developing knowledge and skills and evaluation.
- To test knowledge, understanding of service users both Online and/or Offline. This reflects the abilities of service users being tested and/or the effectiveness of educational management of schools, teachers or parents.
- To provide advice in the manner of Mentor or Coach for different groups of service users about strengths and/or points that each user group needs improvement by assessment based on the results of participation in all the activities mentioned above.
- For the convenience of Online efficient trading of goods and services (E-commerce) and other services as possibly stipulated and created additionally at Aksorn's sole discretion in accordance with the terms of One Account services.
Aksorn reserves the right to prescribe the conditions, terms, qualifications of using services for each Function at Aksorn's sole discretion. Therefore, the users will have access to Function according to the conditions specified by Aksorn only.
- For providing such One Account services, the users accept and agree to the conditions related to the scope, services and limitation of liability of Aksorn in relation to One Account services as follows.
- For lessons, tests and tools created by Aksorn, Aksorn does not guarantee that such lessons, tests and tools will be complete and meet the purposes of learning and utilization of each user, which may be different.
- The results of analyzing strengths and/or points for improvement of each user, which are prepared and presented by Aksorn, are only the analysis from information specifically received by Aksorn from service user of using each part of One Account services only. Thus, Aksorn neither guarantees nor confirms that such analysis will cover all of your strengths and/or points for improvement possibly beyond the control of Aksorn and/or other factors not included by Aksorn in the comparative assessment.
- Aksorn's analysis and test results are only intended for preliminary analysis of the competences and tendency of passing the tests based on relevant criteria when compared with common standards and within the framework of calculation and design of tests of Aksorn only. However, Aksorn does not guarantee that all the users who use Aksorn's services will meet the actual test standards.
- The users cannot refer to test and analysis results or advice given by Aksorn to you as the only main source of advice to follow for self- development. But the users should use such information only as preliminary consideration factors in paying attention to some strengths and/or points for improvement of the self. Aksorn will not take responsibility for the users' use of information obtained from Aksorn for other purposes.
- The users must use discretion to disseminate and use Aksorn's analytical information for communication with third parties. This action shall be considered as at the users' own risk. Aksorn assumes no responsibility for damage for publication by such users.
- Apart from the media of Aksorn's copyright as a producer or author, if the users present their information for dissemination through system or channels of Aksorn, the users who send such information must be solely responsible for the validity and accuracy, including the right to use, disclose and disseminate all such information. Aksorn has no obligation to guarantee or check the validity or any rights related to information prepared and displayed by users through One Account.
Therefore, in case of any dispute concerning the content presented by the users and displayed on One Account system, each user must be responsible for such dispute and compensate for any damages potentially happening to Aksorn as a platform provider entirely in case of any damage. If any service user encounters a problem in the content presented by other service users through the platform, that user may notify such problem to Aksorn. Aksorn also has the absolute right to exercise discretion in handling such case as deemed appropriate. This may include, but not limited to removal of such content from the system and any other action. The user that causes such problem is not entitled to claim any damages from Aksorn.
- For providing some services in One Account system, all users acknowledge that Aksorn may operate through external service providers. In case of delay or error in any operation caused by the actions of third parties, Aksorn will not be responsible or liable for such third parties' actions.
- Username (Account) and Password
- The user must keep the username and password confidential and will not disclose to anyone. Aksorn will not be liable for any damage for any problem of unauthorized use of username or password by a third party. In case of such problem, the user must notify Aksorn immediately. Aksorn will suspend the transaction and/or use of “One Account” as soon as the user authenticates according to the procedures and methods specified by Aksorn.
- The user agrees that any transaction or use of “One Account” services of the user made with Aksorn before Aksorn being informed about the problem of unauthorized use of the username and password and Aksorn's suspension of transaction and/or use of “One Account” shall be binding on the user and the user agrees to be responsible in all respects.
- The user must assure Aksorn that the user has legal rights to perform juristic acts and agrees to comply with the terms and conditions of “One Account” services herein. If the user is a minor, the user's agreement to comply with the terms of Aksorn will be considered as the user's confirmation of obtaining consent of the legal representative and/or regarded as the case where such user guarantees that this entry into a legal act with Aksorn is under the framework of juristic act appropriate for one's power, thus being completely in effect. Besides, as to application for services of any juristic person user, Aksorn will consider that the user's agreement to apply for services in the name of such juristic person and the person doing so has the power and rights under relevant laws and documents of such juristic person to enter into a contract on behalf of that juristic person. Aksorn is entitled to cancel services for the user without prior notice and the user has no right to claim any damages if Aksorn has checked and found that the user has breached the terms of providing information and details.
- Using “One Account”
- The user can use “One Account” only when the user agrees to comply with the terms and conditions of using services set forth by Aksorn herein and/or the terms and conditions of using services specific to each function (if any). Such terms and conditions of using services shall be considered as the essence that the user must comply with. Besides, in case of Aksorn's detection of the user's non-compliance, Aksorn has the right to immediately suspend the transaction or use of the user account of that user.
- In order to access “One Account”, the user must enter the valid password and follow the procedures, methods and conditions for using services specified by Aksorn correctly and completely every time. For entering the invalid password more than the fixed number of times, the system will temporarily suspend the services. The user must contact Aksorn according to stipulated channels. The user agrees that such temporary suspension of services will not result in cancellation of previously ordered transaction and/or transactions completed according to the procedures for using “One Account”. The service applicant also agrees not to claim any damages from Aksorn for such operation.
- The user can access various functions, particularly each service in “One Account” specified and announced by Aksorn according to the procedures, methods and conditions 24 hours a day or at any other time to be determined by Aksorn.
- Aksorn reserves the right to reject a request to cancel a transaction operated by the user in the system and the system has successfully recorded, especially for various purchase orders operated according to the process specified by Aksorn and such transactions are deemed binding on the user.
- The user agrees to use “One Account” and/or services of Aksorn only for lawful purposes and for the objectives of services stated in Clause 1 or as notified by Aksorn in writing.
- For this use of “One Account” services, the user must comply with the prohibitions of using services as follows. If Aksorn detects the user's violation of the prohibitions specified, Aksorn has the right to refuse such invalid transaction out of “One Account” and possibly suspend or cancel the user account of that user at any time without any responsibility to the user and without notifying the relevant user.
- Do not take any action that is unlawful or immoral, defamatory, vulgar, obscene and/or infringes on the privacy of others or take any action other than using these services for any illegal activity or supporting illegal acts.
- Prohibit any act of falsification or imitation or any act of showing to third parties that such user is another user other than the self for any purpose.
- Do not take any action that violates the intellectual property rights of Aksorn or any other rights of others.
- Do not remove, decompile, reverse engineer or attempt to access the source code of “One Account”, copy any part of “One Account” and/or use that commercially, rent out, contract, lease, lend, sell, publish, authorize, sublicense, distribute, assign or transfer any part of One Account to third parties.
- Do not insert any computer virus, instruction set or computer code, files or other programs designed to destroy or affect the operation of “One Account” or of other users.
- Do not print, download, reproduce, transmit, copy, reproduce, retransmit, republish or use any information that may allow the authentication of other users, e.g. photographs or test results that such user may have access of other users, which have been displayed in “One Account” for any reason unless written consent of data subjects has been obtained.
- Protection of intellectual property
- The entire content of “One Account” including, but not limited to, teaching materials, tests, tools, information, text, graphics, images, layout, designs, pictures, logos, language used to create the home page and documents on the World Wide Web in the Internet (HTML) and other proprietary rights on “One Account”, is Aksorn's intellectual property. Aksorn reserves all rights to enforce all its intellectual property rights. This includes, but is not limited to, the exercise of enforceable rights against infringement of rights or conditions of using intellectual property by users.
- The user must not act and/or arrange for anyone else to copy, reproduce, transmit, publish, distribute, redistribute, post, publish, store (in any form), display, modify, sell or transfer or take part in the sale or transfer or offering to sell, creating works, building on or seeking benefits in any way from the content on the “One Account” of Aksorn, whether in whole or in part.
- Limitation of Arkorn's liability
- To the maximum extent permitted by law applicable to Aksorn, directors, employees or representatives, Aksorn's liability is limited to direct damages caused by willful wrongdoing or gross negligence by Aksorn only without liability for indirect or other related damages in any nature.
- Aksorn provides “One Account” services and all components in As Is Basis manner only. Therefore, to the maximum extent permitted by applicable law, Aksorn disclaims all representations and warranties, including all liability in respect of “One Account” and any other services which exist on or through “One Account”, particularly on the following topics.
- Aksorn does not warrant that “One Account” will be able to provide services that meet the needs and expectations of user in all respects or will qualify and function appropriately for the purposes of each user's specific use goals entirely.
- Aksorn does not warrant that “One Account” will be able to operate continuously and accurately at all times without interruptions, delays or without any server downtime or technical malfunction. Moreover, Aksorn does not guarantee that “One Account” will be safe, free from all viruses or other components that cause harm at all times.
- 5.3 The user agrees and accepts that Aksorn must not be responsible for any errors, defects or problems for using services due to the user's use of “One Account” for transactions not as specified by Aksorn or the incident caused by force majeure or any other circumstances beyond the control of Aksorn.
- The user acknowledges and agrees that “One Account” may provide links to other websites, Applications or services belonging to third parties, but Aksorn does not guarantee the content and functionality of such third-party websites, Applications or services. Also, Aksorn will not be responsible or liable for any loss or damage incurred in connection with the user from the using services of websites, Applications or other services that are such third parties.
- Other terms
- The user confirms that the E-mail as specified by user in “One Account” can access the user always. The user acknowledges that any contact, letters and announcements sent from Aksorn to user at the address stated by the user are deemed as rightful notification to the user. It shall also be considered that the user has received such correspondence since the date of sending via e-mail. In case of the user's change of any related information previously specified, the user must notify Aksorn in writing according to the channels stipulated by Aksorn.
- These terms and conditions shall be governed and construed in conformity with the laws of Thailand. In case of any dispute related, such dispute may be settled by the courts of Thailand.
- The user agrees that Aksorn is entitled to make additions or amendments to the terms of services, probably including charges, service fees and expenses related to the use of “One Account” as deemed appropriate. The user agrees to be bound by such additional terms of services or amendments in all respects without Aksorn's need to notify the user in advance. However, such changes will be effective only when announced through Aksorn's Website.
- Each of these terms and conditions applies separately. If any or some of the provisions are unlawful, void or unenforceable, other remaining provisions will remain in full force and effect.
Announced as of 11 May 2022