The Condition of Services

1. Definitions

A la Carte defines the registration or service, purchase, and payment for reading or listening to publication of each writing or topic, including downloading or recording for offline usage.

Buffet the registration or single payment of service, purchase, and payment for reading or listening to publication by rental on monthly or annually basis, including downloading or recording for offline usage within the imposed time or the expiration of membership.

Channels of Ookbee defines distribution or online service via application, website, or any other channel which are subjected under control or care of Ookbee.

Servicing company defines the company who owns, controls, or maintains operating system, for example; Apple, Google, and Microsoft.

These companies provide platform services to download applications to use on each of their operating system, for example; Apple App Store, Google Android Market, and Windows Store.

Operating system defines software system which works as a medium between hardware and application on mobile phone, smart phone, tablet, laptop, or any other device should there be in the future, for example; iOS, Android, and Windows.

Electronic media defines book, paper, achievement, data, or any other publication which is created, published, or modified into digital or any other demonstrating electronic devices, electronic devices on internet or any other distributing channel.

Publication defines book, magazine, newspaper, and electronic audiobook appeared on the Website or application of the Company.

Application defines computer program created for the usage of mobile phone, smart phone, tablet, laptop, or any other compatible device should there be in the future.

2. General Conditions

As the party uses application or the Website, it indicates that the party accepts the Conditions of using the Service of the Company. The party shall elaborately read the terms and conditions. By creating account or using services of the Company indicates that the party had already read, understood, consented, and agreed to terms and conditions of services including rules and relevant legislation (hereinafter called "terms" or "conditions"). As the party does not agree or consent the Conditions under this contract, the party shall not be able to use service of the Company.

Moreover, the usage via application or the Website including any other channel should there be in the future under control or care of the Company (hereinafter called "Channel of Ookbee", "the Service", "application", or "the Website") defines that the party accepts legally binding conditions presented on the Website, the Privacy Policy of the Company, and any other rule on the Website, for example; usage instruction, practice instruction, or process of service. In addition, the Company reserves the right not to beforehand notify any alteration of the terms and conditions, applicable laws, rules or security, and technically method of the Services of the Company.

3. Definitions of Service and Application

The Company provides services of purchase or membership of books, journals, magazines, newspapers, electronic audiobooks, digital publications, electronic publications, or any other publication via the Website or application of the Company (hereinafter called "publication" "electronic media"). The party shall receive, read, or listen to electronic media exclusively via the application of the Company which can be downloaded from other service provider companies, i.e. Apple, Google, and Microsoft ("servicing companies") subjected under the terms and conditions on communicating devices of the party, for example; mobile phone, tablet, or any other device should there be in the future which is accessible or compatible with application (hereinafter called "the devices").

4. Creation of Account

To use the services, the party shall register an account with a password and provide relevant and accurate personal details via registration on the Website ("account data"). Additionally, the account shall be correctly edited and up to date. In case of the Company finds any false fact, the Company reserves the right to immediately pause, withdraw, or terminate the account of the party. The party shall bear the responsibility of any activity of the account and protection of the password. In case the party finds any unpermitted access of his/her account, the party should notify such access to the Company. However, the Company reserves the right to not to take responsibility of the account and password of the party with other persons. In case of the Company uses its expertise and properly applies its duty of care, the Company shall be entitled to withdraw or terminate the account of the party because of unpermitted access by other persons. The company also reserves the right to withdraw or terminate the account of the party because of abuse of rights by the party or other persons in accordance with the Conditions of the Company, except the case that the party purchases, enrols membership, or downloads publication from other companies, the party shall register to reconcile the account for further commerce in accordance to the registering conditions of the given companies.

The registration requires the minimum of 18 years of age or the minimum legal age requirement to perform legally binding juristic act. In case of necessity, the Company may require proof of age from the party.

5. The Limitation to Download

As the party purchases publication via the Website or application i.e. books, journals, magazines, newspapers, and electronic audiobooks ("publication", "content of publication", and "content of electronic media"), the party may download the content via applications i.e. Apple App Store, Google Android Market, and Windows Store ("applications source"). The communicating device of the party shall be compatible with the following operating systems; iOS, Android, and Windows and is connected to the internet. The party acknowledges that certain categories of publication and electronic media shall be limited to download, read, listen, or record depending on service conditions or imposition from policies or agreement of the Company.

The Company reserves the right not to take any responsibility for completion of uploading, access, downloading, and description of the content done by the connecting devices (including but not exhaustive to main networks and any other communicating device) which the party uses. Moreover, certain content of publication which the party had downloaded may not continue to exist for a re-download. The Company denies any responsibility of loss, destruction, damage, or cancelation of any content of publications which the party may be unable to download. In addition, the Company reserves the right to alter, pause, or cancel content of publication or related lists including any right or priority should there be without the need of prior notification to the party.

6. The Application of Content of Publication/Electronic Media

The party accepts that services and content of the publication under the control and care of the Company consist of technological security which the party cannot purchase, use, download, or perform any other similar action that may infringe copyrights or any right of the Company or any other company or person. The party agrees not to commit any tort, reverse engineering, password alteration, modification, edition, or any other similar method which is relevant to the system, services, or content of publication of the Company under any reason. The party agrees not to attempt to commit or to assist other persons to commit any tort under the Conditions of this contract. The party agrees not to access the services of the Company or of any other companies by other means than the provided software for service access. The party shall neither access nor attempt to access to any unauthorized account. The party agrees not to modify or edit software in any form or use modified software regardless of any reason including unauthorized access to services or tort of system security or service which is contrary to rules or laws.

The party agrees and accepts the Company as a service provider whom is licensed distributing and publishing rights and that the Company cannot alter the content of publication. Any opinion, suggestion, wording, service, advice, or any other information which is presented by other persons or publishers including those in publication whether on the Website or application is not guaranteed the accuracy and completion by the Company. The Company further denies any damage caused by information the party receives from services or publications.

7. The Imposition of Services and the Connection to Devices

(1) The objective of the party is to purchase, rent, or use content of publication only for individual conducts and not for commerce.

(2) The party shall download and record publication from the account of the party via devices such as mobile phone, smart phone, tablet, and laptop except in case of content rental (further details will be found below).

(3) The party cannot duplicate, copy, modify, or distribute any publication or product on the Website or application, except duplication or record only for individual use and not for commerce in accordance with the rights the party obtains from the Company.

(4) The amount or category of publication as appear on the Website or application, including such access, shall be in accordance with the Conditions or agreements of services of the Company.

(5) Rental of content of publication (for Buffet Service) (A) The party shall download the rented content of publication from the device of the party. Internet connection is indispensable for the device to download such content. The party is prohibited to duplicate, copy, modify, or distribute the content of publication. (B) The right to rent the content of publication of the party depends on member registration or services of the Company. The party can download, record, and read the rented content of publication in accordance to the imposed amount or time which is in accordance to the terms and conditions of the member registration or the usage of the service of the Company. By pause, cease, or restart to read or listen to the content of publication does not extend the service period. (C) As the party uses, reads, or listens to publication via application, the system shall record data, for example; the title of such publication, pause, the device, and the time of service. The party hereby consents the Company and its agencies to collect, process, and transmit the data for report and payment of license fee to the owners of the publications or electronic media including preparation and improvement of contents and services of the Company and increase of amount and category of publication for the sake of the party in accordance to the Privacy Policy.

8. The limitation of Usage

The party agrees not to perform the followings via the Website;

(1) Any action which is tort or infringement of right of others, illegal, or in breach of contract or duty the party has to others.

(2) Infringement of copyrights or intellectual property rights and any other right of the Company, subsidiaries, agencies of the Company, owners of publication, or other companies.

(3) Any action to cause virus media or computing code, folder, or any other program which is designed to destroy, intervene, or limit normal performance of the Service or Website (or part(s)of it) or software or hardware of computer.

(4) Illegal actions.

(5) Reverse decoding, decrypt, divide, or attempt to search code or to access source of intelligence, basis, procedures, or infrastructure of services of the Company whether partly or wholely.

(6) Using any software or any other device (whether manually or automatically) to collect data or distribute any part of the Website.

9. Payment

(1) The party shall make payment in accordance with the imposition of the Company or other companies (depending on each case) at the time of purchase. In addition, the party agrees and accepts not to further process any claim of rights to the Company or any agency of the Company in case of failure, interruption, or any other mistake on payment method. The Company reserves the right not to beforehand notify any alteration, cancellation, or edition of the payment method for suitability and to be in accordance with guideline practice of the Company.

(2) As the party orders purchase via application, the party shall act in accordance of payment conditions of the given application serving company.

(3) The party agrees to take responsibility of taxes or fees occurring from the purchase or service.

(4) The party agrees and accepts that in case of different currencies (for example, the party purchases publication in Thailand but the price of such publication is shown in US Dollar, etc.). The price of the purchase order to be paid by the party shall be in accordance with the exchange rate of each bank at the time of commerce.

(5) In case of price alteration of publication as appears on the Website or application, the party accepts that the Company shall not be responsible to refund to the party as the price at the time of the party’s commerce or purchase differs from the current price whether because of price reduction, promotion, or altered exchange rate of currencies in accordance with the notification of the bank.

10. Refund

The Company reserves the right not to take any responsibility or to refund to the party in any case, except in case that the Company cannot provide service to the party in accordance with the Conditions because of other companies, owners of publication, or publishers cease, pause, cancel, or are not legally entitled to produce or distribute such publication while the party is a member and the service or the Conditions are not as indicated at the date of the publication purchase via the purchase channel of the Company. The party is entitled to contact the Company for such circumstance or the Company shall notify the party for such alteration.

11. Membership

The party can apply to use, purchase, or read content of publication by membership ("the member of service"). The member of service may be subjected to member fees which are not refundable in cash. In addition, the membership of the party shall be in accordance of the conditions of the chosen company. The membership period is automatically renewable according to the chosen time period. The party agrees and accepts that the payment shall be demanded before the current membership expired date (this method depends on the serving companies). The party is able to discontinue the membership at the time of service for the next membership period or to discontinue the automatic renewal subjected to the policies of each service provider.

12. Limitation of Liability of the Company

(1) The Company reserves the right not to guarantee that the service shall be in accordance to demand of the party, not interrupted, rapid, secured, or without any mistake, that the information on the Website shall be accurate and reliable, or the quality of publication or service on the Website shall be in accordance to the demand of the party. The party bears the sole responsibility in the usage of service or access to service via the Website. The usage of service is subjected to discretion of the party and at the party’s own risk. The party shall take responsibility in all damages which may occurs because of the access of the given content whether the party obtains any oral or written suggestion or information from the Company. There is not any guarantee from the Company.

(2) The Company reserves the right not to take any responsibility to provide, maintain, or arrange stable internet connection with the device of the party, including in occasion that the party cannot download content of publication. The party agrees to take responsibility of any damage which may occur with the system of the device or any lost data because of the download of the given content whether the party shall obtain any suggestion or information from the Company.

(3) The Company reserves the right not to take any direct or indirect responsibility for any damage, defect, or loss of any circumstance from payment made to other platform service provider(s) which is related to the purchase. The Company further reserves the right not to take any responsibility for any damage, recompense, alteration, or refund in any case.

(4) The party agrees and accepts that the Company provides protective measure and electronic security system for protection of copyright and damage on the Website or application in providing service and publication. The Company reserves the right not to take any responsibility for any action caused from internet system, connection, device, outsider which is beyond the control of the Company, unauthorized access to the system, destruction to the data or program, disruption of computer system or network, and espionage of computer or network tasks.

(5) The Company reserves the right not to take any responsibility for any damage claim in accordance to law because of the usage of publication and service of the party. In addition, the Company shall limit its responsibility to the service rate paid to the Company in accordance to the proportion of the service or publication value to the time of claim.

(6) The party agrees and accepts that the Company bears no obligation in case of cease or cancellation of business, system, or services of owners of publication or other persons. The Company further reserves the right not to take any responsibility for any consequence from damages, including but not exhaustive to damages from the access of the party, inability to access or inability to service, or loss of data or expense of purchase or for any process of content to the third person on the Website or application.

(7) The Company reserves the right not to be responsible for any financial interest occurs from refund.

13. Claim for Damage

The party consents to check, maintain, compensate, and not to cause any distress to the Company, agencies of the Company, or other persons from the claim for damage, loss, and expense. For example, the lawyer fees caused from the service to the party, activity of the party, breach of contract by the party, or any activity of the account of the party (for example, any nonfeasance or action) by the party or other persons whom have access to the service or the account of the party.

14. The Link Process of Websites

The service or relevant persons under this contract may have links to connect to other websites or information sources on internet. The Company bears no authority to control such websites and information sources. The party acknowledges and agrees that the Company shall not take any responsibility for any incident which takes place on other websites or information sources. The Company shall neither guarantee, take responsibility, nor be liable to any content, advertisement, goods, service, or any other content appearing on other websites or information sources. In addition, the party acknowledges and agrees that the Company shall not be responsible or liable for any damage or loss occurring from accusation of using service, use of content, advertisement, goods, service, or content shown on or sent to websites or information sources. Nevertheless, the Website of the Company may contains links to other websites or information sources. The Company bears neither responsibility nor obligation to such information or communication of other websites. The links provided on the Website is solely for the convenience of the party. The party shall take sole responsibility to understand conditions and rules of other websites which the party engages and order the purchase.

15. Intellectual Property of the Company

All the content of the Service of the Company, for example; wording, graphic, logo, icon, picture, and any other item, including applied software, data, and any other limitation of any content which shall be accessible via the Website is a property of the Company which is unlimitedly protected under Thai and international laws on copyright and other laws regarding to protection of intellectual property including any right of the Company. The party agrees not to infringe such copyright and that the party shall act in accordance of the law. The party agrees to track and act in accordance to the copyright law and other laws including descriptions or other rules as shown in the content.

The party shall not alter any content. The individual who prepares such content shall be the ultimate copyright holder of the content. Without permission of the copyright holder, the law, or the Conditions of the Website service, the party shall not possess the right of ownership in downloading of such content via Website service. Moreover, the party shall not modify, commit reverse engineering, distribute, transfer, exhibit, participate in selling, duplicate, or commercially exploit from other persons on the website whether partly or wholly without explicit consent from the Company or the owner of the content. The Company prohibits the party from using the intellectual property of the Company or of the copyright holder of the Company, except the party is explicitly or implicitly permitted in accordance to the Conditions of this contract.

16. Rights of the Company

The Company reserves the right to cancel, pause, or delete the account of the party ("termination of service") without the need of prior notification to the party if the Company finds any tort or any action which is contrary to the Conditions of this contract. In case of termination of service, the Company may terminate access to service of the party without the need of prior notification and refund, edit or alter the Conditions of service of the Company without the need of prior notification i.e. Privacy Policy, applicable laws, rules or security, and technically method of the Services of the Company. The Company reserves the right not to notify all of the alterations and such alterations shall be immediately effective. The party, as a user of the service, is obligated to explore the Conditions on each usage of the service. In case the party does not accept the altered Conditions, the party shall not be able to access the service system.

17. Personal Data

All data given by the party or compiled by the Company via the connection with services shall be in accordance with the Privacy Policy of the Company. The Company strongly suggests that the party should regularly explore the Privacy Policy. The user acknowledges that the Company may use the obtained or compiled data of usage, usage period, and category of publication under the Conditions of the Privacy Policy which may be used for marketing or advertisement objectives of incidents or services that the party may be interested in. The party should take extra measure to secure the transmitted data or the data sent to the Company which is accessible by ordinary persons in order to protect personal or important data of the party. The Company shall not be responsible to any data security, personal data transmitted via e- mails, or any other data which the party may process. The Company also reserves the right neither to control nor be responsible to any act of the party.

18. Other Conditions

The Conditions of this contract, other rules, guideline practice, and disclamation of responsibility as appeared on the Website construe an agreement between the Company, the party, and the service of the party. The contract shall be abided and that any previously oral or written agreement concerning the said contents apart from this contract shall be invalid. The Conditions present in this contract are subjected to Thai legislations. In case of any condition is voided, such condition shall not be enforceable and that such condition shall not affect the completeness of other conditions.