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Terms & Conditions

(Subscriptions)

 

1. Scope of application
These Terms and Conditions (Subscriptions) – hereinafter referred to as T&C – govern the business relationship between customers and Digi Post (Thailand) in connection with the use of subscriptions. Digi Post (Thailand) is a brand of sole-proprietorship A.V.K. located in Bern, Switzerland, which are both referred to as “Digi Post (Thailand)” for the purpose of these T&C. 

2. Contract conclusion

The contract is in principle subject to approval by Digi Post (Thailand). Digi Post (Thailand) shall inform the customer of any rejection within 5 working days of the date of subscription.

3. Conditions for participation and use
3.1 The use of the subscription service is open for everyone worldwide, who accepts having their physical letter post scanned and forwarded by email in an unencrypted manner, and who fully complies with laws and regulations of Thailand as well as the Thailand Post Co., Ltd..

3.2 The address provided by Digi Post (Thailand) to a customer must not be used for receiving official or juridical correspondence. The use of this address to receive election or voting materials is also not permitted. 

3.3 The address provided by Digi Post (Thailand) to a customer must not be used as legal and/or official registration address for business or individuals. It is a mailing address only. 

 

4. Service description

4.1 General
Subscriptions allow receiving physical letter post at a designated P.O. Box for opening, scanning and forwarding to the actual recipient by email. The email are unencrypted. 

 

4.2 Digi Post (Thailand) scans the contents of the letter and makes them available electronically by email. Unless the customer requests physical forwarding by post (subject to charge) the letter post is automatically destroyed after 30 days from its arrival at the P.O. Box. 
The services and functionalities are described in detail on the Digi Post (Thailand) website: www.digipostthailand.com

 

4.3 Registration and Subscription
The registration for the use of subscription services takes place via the Digi Post (Thailand) website and requires the customer to thereafter supply a physical authorization document as well as instructing their partners to use the P.O. Box as mailing address.  

 

4.4 Special Shipments
Customers of the subscription service may not receive any other postal item other than letters. Envelopes with content other than letters will be refused by Digi Post (Thailand). The receipt of such postal items is hence rejected upon which it may or may not be returned by the postal authority to its sender. Any fees occurred during this process are borne by the subscriber. The same also applies to international shipments that are not letter post and/or do not contain letters only.

 

4.5 Authorization and delivery principles
The customer authorizes the Digi Post (Thailand) to receive on its behalf all items receivable through the subscriptions to its service, including but not limited to registered mail (R).
Digi Post (Thailand) shall sign on behalf of the customer for all items addressed to them. For that purpose Digi Post (Thailand) provides the customer with a ready made authorization document for signature to which a signed copy of a valid identification document must be attached. Failure to post the completed authorization letter to Digi Post (Thailand) may result in the inability of provision of Digi Post (Thailand)'s service. No refund of paid subscription fees is provided in such cases. 

With regard to the legal effects of acceptance or rejection of the customer's letter post by Digi Post (Thailand), reference is made to sections 8 and 9.

4.6 Operating hours
Shipments are processed on ordinary work days in Thailand. Official public holidays as published by the Bank of Thailand are observed. 

5. Obligations of customers

5.1 Payment
The client is responsible for the timely payment of the services of Digi Post (Thailand).

 

5.2 Address redirection forwarding order
The customer is responsible for informing their partners to use the P.O. Box address for mailings.  

 

5.3 Authorization document
Thailand Post Co., Ltd. having the right to request a written authorization for handing over postal items to a recipient, subscribers to Digi Post (Thailand) services are obliged to provide a signed physical authorization document with signed copy of their valid identification to Digi Post (Thailand). During the subscription process Digi Post (Thailand) is providing the customer a ready-made form to print and sign, to complete with a signed copy of the customer's valid identification document, and to post all to Digi Post (Thailand)'s by registered mail. Digi Post (Thailand)'s address for this purpose is as follows: 

A.V.K. - Digi Post (Thailand)

P.O. Box 19

Saraphi Post Office

Chiang Mai 50140

Thailand.
    
6. Prices and terms of payment

6.1 Prices
The use of subscriptions are subject to a fee. The customer bears all the costs of their subscription. The prices and pricing models published on www.digipostthailand.com are valid and may change at any time and without announcement.

Customers – at their discretion – select and pay for subscriptions that are for pre-defined periods, pre-defined maximum amount of letter post per month and with pre-defined content volumes of their letter post. Exceeding the amount of letter post and/or volumes of the letter posts' content will incur additional charges. Such additional charges are at the discretion of Digi Post (Thailand) and are communicated to customers by email together with a payment option. If paid within 7 days, the service for the excess letter post and/or content is being provided. 

 

6.2 Payment
The subscriptions are paid for each month in advance by charging the customer's credit card or during the process of subscribing to the service through Digi Post (Thailand)’s website www.digipostthailand.com. An invoice is sent to the customer by email at the moment of completing the subscription registration and first month's payment. 
The offsetting of claims of customers against claims of Digi Post (Thailand) is excluded.
If any third-party providers are commissioned with the payment processing, their terms and conditions apply.

 

Digi Post (Thailand) reserves the right to assign unpaid invoice amounts to a company entrusted with collection after an unsuccessful reminder.


7. Legal effects of the subscriptions

7.1 Customers are aware that legal effects may be associated with the delivery and receipt of consignments. This may also apply during the use of subscription services and the receipt of the shipments by and through Digi Post (Thailand). The legal effects are determined by legislation and court practice. It is therefore outside the scope of Digi Post (Thailand). The customer is responsible for knowing the legal effects of the chosen method of communication (i.e. physical letter delivered to a third-party, then scanned and forwarded by email to the addressee as by subscribed service of Digi Post (Thailand)).

 

7.2 With regard to meeting deadlines, please note that errors or delays may occur during receipt, processing and electronic delivery. Digi Post (Thailand) assumes no responsibility with regard to compliance with deadlines. The service is provided for the benefit and at the risk of the customer.

8. Preservation of foreign law
The legal effects circumscribed in these T&C are based on Thai law. The customer acknowledges that the exchange of data outside their own country is subject to foreign legal systems and may therefore have different – possibly more far-reaching or less far-reaching – effects than is the case under their home country’s legal system. The clarification of the relevant circumstances is the responsibility of the customer.

 

9. Availability and interruptions
Digi Post (Thailand) is committed to timely and high quality transmission of the items. However, it does not guarantee uninterrupted service, service at any particular time or the completeness, authenticity and integrity of the data stored or transmitted via its system or the Internet.
Digi Post (Thailand) attempts to keep interruptions to rectify faults, carry out maintenance, introduce new technologies, etc. short and – whenever possible – schedule them during off-peak periods.

 

10. Transmission termination
Digi Post (Thailand) is entitled to discontinue the transmission of the clients' scanned letter post without any cost consequences, if the client violates the T&C, if there is a suspicion of misuse or if the client is in default with the payment of Digi Post (Thailand)'s services. Digi Post (Thailand) may attempt to notify the affected customer by email in advance of the discontinuation. 

 

11. Consequences of subscription termination or cancellation
In case of discontinuation, letter post will no longer be transmitted to the customer. Digi Post (Thailand) has the right to physically store the items during the suspension. In case of resumption, the letter post will be scanned and sent to the customer within the conditions of the subscription. If the continuation of the service is not reasonable, if the customer is in default, in violation of the T&C, Digi Post (Thailand) will terminate the subscription with the respective consequences described in the next section.

 

Cancellation
In case of cancellation, the transmission of letter post is guaranteed until the cancellation of the subscription. After that, the acceptance of the postal items will be refused. The customer is responsible for immediately informing their partners to have the mailing address changed.
If the customer does not have their postal items redirected immediately, Digi Post (Thailand) is entitled to permanently refuse receipt of the customer’s postal items. The postal authority may decide to return such postal items to its sender. Costs may occur for which Digi Post (Thailand) cannot be made responsible. 


12. Liability
Any liability of Digi Post (Thailand) for damages caused by slight and medium negligence is excluded to the extent permitted by law.
Digi Post (Thailand) shall not be liable – to the extent permitted by law – in particular for indirect, incidental or consequential damages, such as loss of profit, loss of data, damaged or lost postal items, delayed delivery or damages resulting from undeliverable emails.
Digi Post (Thailand) shall not be liable for damages caused by auxiliary persons called in by Digi Post (Thailand) as well as third parties (e.g. subcontractors, suppliers, etc.) as a result of slight or medium negligence.
Digi Post (Thailand) shall not be liable – to the extent permitted by law – for any damage resulting from the use of its services in violation of the law or the contract. Claims arising from product liability and personal injury are reserved.
Digi Post (Thailand) shall not be liable – to the extent permitted by law – for damage due to force majeure (e.g. earthquake, storms, power outages) or disruptions caused in particular by a lack of Internet connection, unlawful interference with telecommunication infrastructure, overloading of networks, willful blocking of electronic access by third parties or any interruptions.
Third party services are not subject to any representations or warranties as to availability, quality, operation or support.
The customer shall be liable for any damage caused to Digi Post (Thailand) or third parties by the misuse (contrary to contract or law) of the subscription services. If third-parties assert claims directly against Digi Post (Thailand), the customer undertakes to fully indemnify Digi Post (Thailand) – insofar as Digi Post (Thailand) is not at fault or only at slight fault. Digi Post (Thailand) shall inform the customer immediately if such claims are asserted.

 

13. Data protection
Digi Post (Thailand) and the third parties engaged by it for the provision of services shall comply with Thai data protection legislation.
In particular, Digi Post (Thailand) is committed to the following principles:

 

Accumulating data and processing purpose:
Digi Post (Thailand) collects, stores and processes data required for the provision of the services of the services, for the handling and maintenance of the customer relationship, namely for ensuring a high quality of service, for the security of operation and infrastructure as well as for invoicing (customer data).

 

Use and sharing of data:
The customer data is used for the processing of the individual services and for communication with the customer. If subcontractors are used for this purpose, Digi Post (Thailand) will ensure that they use the data exclusively for the performance of subscribed services.
The data is analyzed for the purpose of designing and improving Digi Post (Thailand)’s services.
The customer's data will not be passed on to third parties. In case of enquiries by governmental authorities (e.g. in criminal proceedings) the required data will be disclosed, provided that this is required by law and Digi Post (Thailand) is obliged to do so. Furthermore, Digi Post (Thailand) may process the data if its legally protected interests are at risk, namely for the defense or enforcement of claims. For example, data may be disclosed to debt collection service providers in such cases.

Data may be processed and stored in foreign jurisdictions.  

 

Data security:
The data is protected against unauthorized processing by appropriate and organizational measures. Due to the nature of forwarding letter post as scans by email, customers acknowledge that these transmissions are not encrypted. 

 

Right of information and data deletion:
Upon cancellation of the subscription, the data will be completely deleted after a period of three months. In addition, the customer may at any time request information about the data processed and, after termination of the contract, request the complete deletion of all data. Any legal obligations to the contrary remain reserved.

 

14. Duration and cancellation

14.1 The start date of a subscription service is at the moment of its payment, provided Digi Post (Thailand) does not object to its commencement (see section 2). The contract is for a predetermined period described and selected by the customer on the website of Digi Post (Thailand) www.digipostthailand.com

 

14.2 In the event of breach of contractual obligations by the customer or if other significant reasons are found, the contractual relationship may be terminated by Digi Post (Thailand) at any time with immediate effect.

 

15. Modification of T&C
Digi Post (Thailand) may change these T&C at any time as well as change or discontinue the service. The latest version in force and applicable to all existing contractual relationships for subscriptions is published on Digi Post (Thailand)'s website www.digipostthailand.com. They shall be deemed approved and accepted by customers unless the customer objects in writing within 30 days of a change in the T&C. An objection automatically entails the immediate termination of the contract.

 

16. Salvatory clause
Should individual provisions of these T&C be invalid, incomplete or illegal, or should performance become impossible, it shall not affect the validity of the remaining parts of the contract. In such case, the parties undertake to replace the provision in question by a permissible effective provision which – in terms of its effect – comes as close as possible to the original intention; insofar as consumer protection provisions do not conflict with this.

 

17. Applicable law and place of jurisdiction

17.1 The contract is subject to Thai law. 
17.2 Place of jurisdiction is at Saraphi district, Chiang Mai province, Thailand.

 

18. Involvement of third parties
At any time, Digi Post (Thailand) may engage third parties for the provision of its services.

 

19. Legal form of publication
T&C published on Digi Post (Thailand)'s website www.digipostthailand.com are the only applicable and legally binding version.
In exceptional cases, Digi Post (Thailand) may provide a physical version of the T&C at the customer's request. The customer acknowledges that a physical version of the T&C is only an illustration of the electronically published T&C in force at that time, which alone is legally binding, and only conveys legally valid information as long as it is consistent with the electronic version.

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