Customer Term of Use

This Agreement is made by and between Baan Saijai Co., Ltd. and you as the Customer of the SAIJAI platform and our services. 

SAIJAI is an online marketplace that provides connectivity services between “Customers” and “Service Provider” for, but not limited to,  child care services, elderly care, tutors, maids/housekeepers, drivers, beauty service and pet care only through the website located at www.saijai.io, as it may be modified, relocated and/or redirected from time to time, the applications and other channels that provides opportunities and facilitates meetings between the Customers and the Service Provider including hosting, maintaining, administrating the formation of Service Agreements between users, providing payment processing, and cooperate with the Customers and Service Provider in connection with those services. SAIJAI is not kind of recruitment for those people who wish to work as an employee under the law on Employment and Job Seeker Protection and does not act as the agent for either Service Provider or Customers.

Customer is the user of the SAIJAI Platform as the independent employer and wishes to hire of work with the Service Provider in the Service Content through the SAIJAI Platform on the terms and conditions hereinafter set forth.

By using the SAIJAI Platform, Customer acknowledge, understand and agree that by registering for or using the SAIJAI Platform, Customer agree to be bound by the following terms and conditions and any other policy on the SAIJAI Platform in the entirety, SAIJAI reserves the right to change or modify this Agreement at any time at its sole discretion (“Agreement”). Any amendments to this Agreement shall become effective and binding on the Customer whether publicly posted or privately transmitted. If the Customer registers on the SAIJAI Platform or continue to use the SAIJAI Platform, the Customer will be bound by the then current terms of this Agreement.

THIS AGREEMENT IS EFFECTIVE AND BIND THE PARTIES WHEN THE CUSTOMER “SIGN UP”, “LOG IN”, “ACCEPT” OR OTHERWISE THAT MEANS THE COUTOMER CONFIRM TO USE OUR SERIVICES VIA SAIJAI PLATFORM. IF CUSTOMER DISAGREE WITH ANY TERMS OF THIS AGREEMENT, YOU DO NOT USE THE SITE.

Unless the context indicates otherwise, the words and expressions set out below shall bear the following meanings and cognate expressions shall bear corresponding meanings: 

“SAIJAI” means Baan Saijai Co., Ltd. ("SAIJAI" or "We" or “Us” or “Our”);

“Customer” means a customer who orders and purchases the Services or make the Service Agreement through the SAIJAI Platform, electronically, via phone or in person (“Customer” “you” or “your”);

“SAIJAI Platform” means www.saijai.io and any other websites, any application, software or other platforms, or portal that owns or operated by SAIJAI under the purposes of Services but do not include and involve the sites and services that are subject to separate terms to which users of such sites and services must separately agree and which can be found on their respective sites and/or service materials or within the relevant mobile applications;

"Services" means all services and products that offer on the SAIJAI Platform or any other channels, and approved by SAIJAI, and as reflected on the Service Content;

“Service Provider” means the independent contractor, who wish to seek and provide their Services to the Customer through the SAIJAI Platform and have registered as the Service Provider on the SAIJAI Platform;

“Service Agreement” means the written or verbal agreement is made by and between Customer and Service Provider to engage and delivery the proceed of the Services as offer and order through the SAIJAI Platform.

“Service Content” means the web-based tool or other web services or interfaces, provided by SAIJAI that Customer and Service Provider can use to manage its settings, content and other information related to the SAIJAI Platform, and including all associated services listing requirements;

“Claims” shall mean any and all foreseeable or unforeseeable and alleged or actual actions, causes of action (whether in tort, agreement or strict liability, and whether in law or otherwise), claims, demands, lawsuits, legal proceedings, administrative or other proceedings or litigation;

“Losses” shall mean any and all damages (including, without limitation, direct, consequential, economic and punitive), sanctions, settlement payments, disbursements, judgments, liability, losses (including lost income or profit), costs or expenses of any nature whatsoever, whether accrued, absolute, contingent or otherwise, including, without limitation, attorneys’ fees and costs (whether or not suit is brought);

“Orders” means orders placed by a Customer through the SAIJAI Platform electronically, via phone or in person for the purchase of Services;

“Transaction Information” means the Customer’s Order information and the Service Provider’s payment information including but not limited to the Customer and Service Provider’s name, telephone number, email address, address.

1. Customer represents, warranties and agree that;

1.1 In case of individual, you are of legal age to enter into a binding this Agreement, or that if you are registering on behalf of a legal entity, that you are authorized to enter into, and bind the entity to this Agreement;
1.2 Customer shall use the SAIJAI Platform and purchase the Services for lawful purposes only and in accordance with the terms and conditions of this Agreement, the existing and additional applicable policies of SAIJAI, and all applicable laws, rules, codes, guidelines, policies and regulations;
1.3 Customer represents and warrants that they will review and obtain all the necessary licenses, permits, work permits, visa, valid passports, valid ID card, insurance,  registrations and any other necessary paperwork, if any, required to hire the Services Provider in accordance with all applicable laws, rules and regulations and that the Customer will act in good faith to the Services Provider in according to the Customers’ orders and specifications and with the standard of care prevailing in the industry.
1.4 Customer is responsible for evaluating and determining the suitability of any proposed engagement or potential Service Provider on your own. If Customer decides to enter into a Service Agreement, the Service Agreement is directly made by and between the Customer and Service Provider who will be entirely responsible for the Service Agreement between them with their own, and SAIJAI is not a party to that Service Agreement. SAIJAI is not responsible and involved for any breach, violation and Losses arising from any causes between Customer and Service Provider. SAIJAI does provide ancillary services supporting the administration of the Service Agreement, such as processing payments and facilitating dispute resolution.
1.5 Customer acknowledge and agree that SAIJAI is not an employer or being an agent of the “Service Provider” and also not being a recruiter according to the law on recruitment

2. The process of using the SAIJAI Platform

2.1 The Customer is required to complete the SAIJAI Platform registration process to create an account by filling the personal information and choosing to verify their identity by email or phone number with a username and password (the “Account”) in order to make full use of engagement for the Services on the SAIJAI Platform. The Customer must always provide accurate, current and complete information, and must update such information in a timely manner to maintain its accuracy and completeness. Any use of the Site through your Account will be deemed as being used by you. SAIJAI is entitled to rely on the contact and other information that is supplied to us through your Account. Your Account is non-transferable and non-assignable.
2.2 Customer warrants that the mobile phone number that used to register through SAIJAI Platform is your own number and the Customer is obliged to notify SAIJAI when there is a change or termination of the ownership of a registered mobile phone number in accordance with the prescribed SAIJAI practice.
Customer agrees to receive information from SAIJAI by SMS from mobile phone, LINE application, and e-mail as detailed as specified when applying for the service or with subsequent changes, the Customer may request that they do not want to receive such information.

2.3 After completed registration, and SAIJAI accepts Customer’s registration for using the SAIJAI Platform, Customer can access to the SAIJAI Platform for posting an advertisement to look for a “Service Provider” and facilitate the purchasing of Customers to Service Provider’s services. 
Customer shall ensure that all information and data you provide to SAIJAI Platform is accurate, not misleading, and complies with applicable law. Customer shall ensure that all electronic information and data it transmits to SAIJAI Platform or Service Provider does not contain any harmful code or other feature designed to obtain unauthorized access to or information from or damage or degrade in any manner any computer system, application, or code.

Customer shall ensure that your posting will not violate any intellectual property rights, contain defamatory or discriminatory content, constitute an invasion of a party’s rights of privacy or publicity and/or reflect unfavourably on the SAIJAI Platform. Any kind of violation incurs form aforesaid cases; Customer shall be responsible with your own at your expenses.

SAIJAI reserve the right to determine or change any aspect of the SAIJAI Platform and may stop providing Customer access to the SAIJAI Platform without notice. 

2.4 The Customer will receive a notification when there are Service Provider show interest in the job that posted by the Customer through the SAIJAI platform
2.5 Customer can search for Service Provider by specifying the type of service, date and time that you would like to have the service and features of the Service Provider you need on SAIJAI Platform.
During using the SAIJAI Platform, Customers is allowed to access the personal data, work history, qualifications and work experience of Service Provider through the SAIJAI Platform

     1) SAIJAI Platform will display Service Provider search results that suits with the Customer requirements. Search results include a list of Service Provider with profile information, work history, Criminal background check (if applicable), Satisfaction assessment from Customers who have used the service (if any) by choosing to view “Service Provider” history with work history information and reviews from Customers who have used the service.
    2) All Service Provider’s information or history information and reviews through the SAIJAI Platform, Service Provider or other Customers is provided and responsible by their own, SAIJAI does not represent, warrant or verify the accuracies, correctness, non-misleading, non- deception, harmlessness or licensed of such information. Any fraud or Losses of any kind incurred as a result of the use of, or reliance on, any information posted, emailed, transmitted or otherwise made available on the SAIJAI Platform, are not the responsibility of SAIJAI. The Service Provider will be held solely responsible for the accuracy of all their information and will be obliged to honour any order placed by a Customer through the SAIJAI Platform as a result of the information provided
2.6 After Customer order the Services and pay any corresponding fees through the SAIJAI Platform, you will be provided or receive delivery of the Services associated with your purchase.
2.7 Customer acknowledge, understand, and agree that: 
  1) SAIJAI shall not have any liability or obligations under or related to Service Agreements and/or Service Provider’s Services for any acts or omissions by Customer or Service Provider. SAIJAI is not a party to the relationship or Service Agreement between Customer and Service Provider.  Without limitation, Customer is solely responsible for:
      i ensuring the accuracy and legality of any Customer information;
      ii determining the suitability of Service Provider for a Service Agreement (such as any interviews, vetting, background checks, or similar actions);
      iii negotiating, agreeing to, and executing any terms or conditions of Service Agreement,
      iv paying Fee set forth for your orders and Service Provider’s Services. 
  2) SAIJAI does not, in any way, supervise, direct, or control any Service Provider or Service Provider’s Services; does not impose quality standards or a deadline for completion of any Service Provider’s Services; and does not dictate the performance, methods or process Service Provider use to perform services. All Customer orders is determined by Customer with your own understanding and consideration, and Customer is responsible for evaluating and determining the suitability of any proposed engagement, potential Service Provider on your own. SAIJAI shall not be liable in Losses of any kind incurred as a result of the Service Agreement.
  3) Customer and Service Provider are free to determine when and if to perform the Services, including the days worked and time periods of work, and SAIJAI does not set or have any control over a Services’ pricing, work hours, work schedules, work location or otherwise nor is SAIJAI involved in any other way in determining the nature and amount of any compensation that may be charged by or paid to Service Provider for work performed. All terms and condition of Service Agreement are set forth by you and Service Provider at parties’ sole discretion, you and Service Provider are responsible and obligated under the Service Agreement with their own.
2.8 Customer Issues
  1) Customer acknowledge and understand that Service Provider is responsible to handle all customer service issues related to Service Provider’s Services. SAIJAI is not responsible for handling customer service issues related to Service Provider’s Services. However, SAIJAI facilitates and supports the Customer’s by contacting the Service Provider directly to handle the Customer service issues. If Service Provider does not handle a customer service issue, the Customer has the right to take any action to resolve the issue under the Service Agreement and applicable law to Service Provider directly.
  2) For disputes arising between Customer and Service Provider under the Service Agreement, Customer acknowledge and agree that SAIJAI is not involved with your such disputes and SAIJAI will not and is not obligated to provide any dispute assistance for such disputes.
2.9 SAIJAI Platform allow the Customer and Service Provider to rate or provide comments regarding Service Provider’s Services or performance, and may post any resulting ratings or comments on the SAIJAI Platform for public display. Customer understand that you are solely responsible for any legal action that may be instituted by Service Provider or third parties as a result of or in connection with your reviews if the content of review is illegally actionable or defamatory, SAIJAI is not legally responsible for any reviews or comments posted or made available on the SAIJAI Platform by Customer and Service Provider, even if that information is defamatory or otherwise illegally actionable.

3. Rules & Regulation for using “SAIJAI Platform”

3.1 Customer shall use SAIJAI Platform to book the Service Provider only and not for other benefits without any permission of SAIJAI.
3.2 Customer shall treat the Service Provider with respect and honour
3.3 Customer shall not contact the Service Provider directly without going through the SAIJAI platform, if found, SAIJAI has the right to take any action that SAIJAI deems appropriate.
3.4 Customer may not use SAIJAI platform to compile a list of Service Provider including contact channels without any permission of SAIJAI
3.5 Customer cannot modify, hack or interfere with the platform cares. If found, we will take legal action.
3.6 Customer cannot remove or modify the SAIJAI logo which constitutes an infringement of copyright.

4. Fees and Payment

4.1 SAIJAI does not charge any fees to register for the SAIJAI Platform.
4.2 By using and ordering the Services as offered through the SAIJAI Platform, Customer will be charged the Fees by using one of the payment methods we support. When the payment is complete, SAIJAI notify the Service Provider to perform the Services regarding to ordering and requirements of the Customer.
4.3 All amounts payable by Customer to SAIJAI under this Agreement will be paid to us without setoff or counterclaim, and without any deduction or withholding. All fees are exclusive of value added tax or other applicable services tax, which shall be payable by Customer as prescribed by applicable law. If any withholding is required by law, Customer is responsible to determined, calculate, collect report, and remit the correct withholding form SAIJAI to the appropriate tax authorities with your own. If Customer is default to calculate, collect and remit the correct withholding required by law, Customer is solely responsible and obligated to the appropriate tax authorities and Customer shall not chargeback SAIJAI such amounts.
4.4 All fees payable by Customer are exclusive of Indirect Taxes, except where applicable law requires otherwise. SAIJAI may charge and Customer will pay applicable Indirect Taxes that SAIJAI is legally obligated or authorized to collect from Customer. Customer will provide such information to SAIJAI as reasonably required to determine whether SAIJAI is obligated to collect Indirect Taxes from Customer. SAIJAI will not collect, and Customer will not pay, any Indirect Tax for which you furnish us a properly completed exemption certificate or a direct payment permit certificate for which SAIJAI may claim an available exemption from such Indirect Tax.
4.5 All fees paid are non-refundable except as expressly provided in the SAIJAI’s Cancellation Policy. Any permitted refunds will be considered at SAIJAI’s sole discretion
4.6 Method of Payment
   1) Payments can be made through the method set by SAIJAI
  2) The processing of payments or credits, as applicable, in connection with this Agreement, will be subject to conditions and privacy policies of the Payment Processor and Customer card issuer in addition to SAIJAI’s Policy. SAIJAI is not responsible for any errors by the Payment Processor. In connection with this Agreement, SAIJAI will obtain certain transaction details, which SAIJAI will use solely in accordance with our Privacy Policy.
   3) If Customer makes payments through an Automated Teller Machine or internet bank transfer (“Bank Transfer”), Customer must provide SAIJAI with the transfer receipt or payment transaction reference for verification purposes.
   4) By payment through any method, SAIJAI takes no responsibility and assume no liability for any Losses or damages to the Customer arising out of payment information entered by Customer or wrong remittance by Customer in connection with the payment for the Customer’s order. SAIJAI reserve the right to check whether Customer is duly authorized to use certain payment method, and may suspend the transaction until such authorization is confirmed or cancel the relevant transaction where such confirmation is not available.

5. Job Cancellation

5.1 Customer may cancel any booking for a purchased Services through the Site with the notification the cancellation at least 24 hours prior to the appointment, SAIJAI will proceed to refund the service fee after deducting the 20% cancellation fee.
5.2 SAIJAI reserves the right to refund in the event that the Customer cancels the booking less than 24 hours prior to the appointment.
5.3 Customer may change any booking for a purchased Services through the Site with the notification to change at least 24 hours prior to the appointment without any additional fee, SAIJAI reserves the right to proceed the 20% additional service fee in the event that the Customer change the booking less than 24 hours prior to the appointment.
5.4 SAIJAI reserves the right to accept or reject all refund, and change requests by Customers at SAIJAI’s sole discretion by use all reasonable and commercially viable means regarding to SAIJAI’s Cancellation Policy that SAIJAI reserves the right to change or modify the Cancellation Policy at any time at its sole discretion. If SAIJAI accepts or reject the cancellation or change requests, Customer will be informed through the SAIJAI Platform or otherwise channel of SAIJAI. In case of rejection, Customer understand and agree that you shall not claim in any kind of manners in connecting with these matters to SAIJAI.

6. SAIJAI Family Membership

6.1 Conditions for SAIJAI FAMILY MEMBERSHIP application by paying a 500 baht entrance fee and reserves the right to apply for membership 1 person per 1 member. You are able to apply for membership easily depending on convenience via online channels at https://pointspot.co/@SAIJAI_Homecare with the following step
      i After verifying the applicant information, our team will send an E-mail or SMS to confirm your subscription.
      ii SAIJAI reserves the right to only those who fill in the information correctly and completely according to the specified conditions only.
      iii Members accept the terms and conditions that define by Baan SAIJAI Co., Ltd.
6.2 Conditions for using the SAIJAI FAMILY MEMBERSHIP card
      i SAIJAI FAMILY MEMBERSHIP card is owned by Baan Saijai Co., Ltd.
      ii Used this card for purchasing products/services as specified by SAIJAI on SAIJAI platform and/or participating stores.
     iii Please show your card before using the service to the staff every time for collect or redeem the points or inform your mobile phone number to collect the points otherwise it will be considered a waiver.
      iv This card is intended for individual users only, cannot be used for business or any business.
      v This card cannot be used in conjunction with certain promotional programs that SAIJAI has specified.
      vi The card has no expiration date until SAIJAI cancels it.
      vii Members can check the conditions for using the card at https://pointspot.co/@SAIJAI_Homecare 
      viii SAIJAI reserves the right to change the conditions for using the card without prior notice.
6.3 Conditions for point collections, Members can collect points by using the service and/or following the conditions that defined by Baan SAIJAI Co., Ltd. as following:
      i Invite friends to visit and use SAIJAI platform, get 3 points immediately.
      ii Use the service on the SAIJAI platform for every 500 baht, get 1 point.
      iii Do an assessment after receiving the service, get 1 point.
      iv Share your experiences, review of using SAIJAI services on SAIJAI Homecare Facebook Fan page, get 1 point
      v Post a photo with SAIJAI screen on Website SAIJAI/ family photo /Take a photo with the “Service Provider” in Instagram /Facebook with #SAIJAIFAMILY  #SAIJAIHOMECARE, get 1 point
      vi For customers who have used the service get a welcome bonus of 1 point when signing up.
      vii The Collect points are valid for 1 year from the date of purchase of products/services.
      viii The collect point of each card cannot be transferred or combined with other card's collected points.
      ix In the event the collect points are incorrect or not recorded due to an error system. Please contact our customer service via LINE @saijai_care within 15 days with the receipt to confirm that there is a real spending to collect points otherwise it will be considered a waiver. However, the awarding of collect points is at the discretion of the SAIJAI.
     x You can check your accumulated points from https://pointspot.co/@SAIJAI_Homecare
     xi The SAIJAI reserves the right to amend/cancel the collect points. If it is verified that such collect points do not match the actual purchases of products/services without prior notice
     xii The SAIJAI reserves the right to change the conditions for earning points without prior notice
6.4 Conditions for redeeming the points collecting
     i Members can use the collected points for any benefits when fully registered and has been confirmed as a member from the SAIJAI only
    ii To redeem collected points. Please inform the telephone number that registered with SAIJAI FAMILY MEMBERSHIP to the staff before using the service every time. Otherwise, it will be considered a waiver.
     iii Members can redeem every 20 collected points, valued at 200 baht to use as a discount to pay for services when using the service on the SAIJAI platform.
     iv The value of collected points that can be exchanged for cash. Must be less than or equal to the amount of service fees.
     v Points cannot be redeemed in advance for future use.
     vi We reserve the right to redeem collected points each time. Use the collected points from 1 member for 1 service payment only.
     vii The service fees incurred from redeeming collected points at that time will not be calculated as collected points.
     viii When redeeming collected points, the system will deduct the points from collected points balance immediately.
     ix In case of cancelling the collected points, the redemption points will be returned to the system in the next day.
     x The collected points cannot be exchanged, exchanged or redeemed to a cash and cannot transfer ownership to others
     xi In the case of incorrect redemption of collected points due to a system error. Please contact our customer service via LINE @saijai_care within 15 days with the receipt. Otherwise, it will be considered a waiver. However, the amendment of accumulated points is at the discretion of the SAIJAI.
    xii The SAIJAI reserves the right to amend the collected points. If it is verified that the redemption of such collected points does not match the actual service fee without prior notice.
    xiii The SAIJAI reserves the right to change the conditions for redemption of collected points without prior notice.
6.5 Conditions for cancellation of membership
    i Members can cancel their membership by notifying the cancellation via LINE Customer Service @saijai_care
    ii Baan Saijai Co., Ltd. reserves the right to cancel membership without collecting or redeeming points from purchases of products/services for a period of 2 years or more.
    iii The SAIJAI reserves the right to cancel the membership. In the event of fraud in using the card.
    iv Cancellation of membership, such effect will result in all collected points immediately cancelled and it is deemed that the SAIJAI has no obligations, debts or obligations to pay any compensation from the existing accumulated points to the members and members cannot claim any rights from the SAIJAI.
    v The SAIJAI reserves the right to apply for a new membership to a member whose card has been cancelled in case of fraudulent use of the card.
    vi The SAIJAI reserves the right to cancel the membership without prior notice to members.

7. Confidentiality and Privacy

7.1 During the term of this Agreement, Customer access to Confidential Information belonging to SAIJAI, Service Provider, its suppliers and other, Customer shall not violate any privacy policies of SAIJAI and relevant laws. The Customer shall treat all information as confidential and not disclose such Confidential Information to a third party except as expressly permitted under this Agreement. 
7.2 Definition: “Confidential Information” shall mean any information disclosed by one party to this Agreement in connection with this Agreement to the other. The terms and conditions of this Agreement shall be considered Confidential Information, including, without limitation:
   1) all trade secrets;
   2) existing or contemplated services, designs, technology, processes, technical data, techniques, methodologies, concepts, strategy and any information related thereto;
   3) transaction Information, all payment card data and all tax codes of the SAIJAI Platform;
   4) Service Provider lists and Service Provider information
   5) Confidential Information shall exclude information that: 
      i was independently developed by Customer without any use of the SAIJAI’s Confidential Information or by the Customer’s employees or other agents (or independent contractors hired by Customer) who have not been exposed to the SAIJAI’s Confidential Information; 
      ii becomes known to the Customer, without restriction, from a source other than the SAIJAI without breach of this Agreement and that had a right to disclose it; 
      iii was in the public domain at the time it was disclosed or becomes in the public domain through no act or omission of the Customer; or 
      iv was rightfully known to the Customer, without restriction, at the time of disclosure
7.3 In accordance with SAIJAI Privacy Policy and relevant law, Customer understand and consent that SAIJAI and its suppliers may collect, use, disclose and/or process your personal data for the purpose of the use of the SAIJAI Platform, Services, this Agreement and as required by law.

8. Intellectual Property and Information Ownership.

8.1 Customer hereby grants SAIJAI and its partners, a non-exclusive, royalty-free, perpetual, irrevocable right and license to publish, use, reproduce, distribute, transmit, display, modify, create derivative works of and otherwise commercially exploit all content and information (excluding the Customer Marks), any document or data (“Customer Information”) in connection with use of the Services through the SAIJAI Platform. Customer agrees that SAIJAI may permit users of the SAIJAI Platform to share and post content on their own social media outlets. 
8.2 SAIJAI will own all right, title and interest in and any Intellectual Property (IP) Rights in the SAIJAI Platform and all data collected or stored in connection with the SAIJAI Platform. Except as expressly provided in this agreement, Customer will not have any ownership in or license to any such rights. If Customer is deemed to have any ownership interest or rights in all or any part of the foregoing, then Customer shall assign all of those interests and rights to SAIJAI. SAIJAI may use any Customer Information to create, develop, or modify the Site or any other SAIJAI concept, brand, software code, product, or feature (“Improvements”), and SAIJAI will own any Improvement and any IP Rights in an Improvement. If Customer is deemed to have any ownership interest or rights in an Improvement, Customer shall assign all of those interests and rights to SAIJAI.

9. Disclaimer

9.1 SAIJAI does not have the status of an employer, employers or representatives of Service Provider and are not obligated to provide care services or find caregivers. Therefore, SAIJAI shall not be held liable as an employer, employers or agent and will not be responsible for the actions of the Service Provider including not being a recruiter according to the law on recruitment.
9.2 SAIJAI shall not have any responsibilities and liabilities of any kind of Losses, fraud, violation, death, illness, personal injury, or property damage arising out of or resulting in any way from any actual or alleged defect in a Service, any act or omission of the Service Provider, its agents, employees, or subcontractors relating to the Services they provide or Service Agreement or any causes between Service Provider and Customers. SAIJAI may or may not pre-screen Customers and or the content or information provided by Customers.
9.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAIJAI SHALL NOT BE LIABLE FOR ANY DAMAGE BY ANY CUSTOMER WHETHER THE DAMAGE IS DIRECT OR INDIRECT, special damages related to the use, inability to use, content and inability to perform the instructions of the platform, this includes, but is not limited to, errors or omissions in the content in the platform” or omissions, inaccuracies, delivery delay or the loss of any content, material uploaded or transmitted through the platform or any defect for any of the following reasons:
     i delays or glitches caused by the platform’s computer system.
     ii delays or defects caused by the computer or device of the Customer, Service Providers or users of SAIJAI Platforms.
     iii delays or glitches caused by the Internet Including the device, communication system or signal connection does not work or fails, or is caused by a computer virus or caused by any force majeure.
     iv loss of profits Exploitation, Goodwill Data, or other intangible damages of the service including any information in SAIJAI’s platform
     v any disruption caused by the electronic service when the transaction is initiated
     vi Customers, Service Providers or other users of the SAIJAI platform do not comply with the conditions and the established agreement.

10. Terms and Termination

10.1 According to the Services, this Agreement and applicable law, the Customer is willing to provide proof of identity or any other documents with the reasonable request of SAIJAI.
10.2 Customer accepts the terms and conditions of SAIJAI that if the Customer violates any these terms and conditions or any testimonials, SAIJAI has the right to take any action that SAIJAI deems appropriate according to the applicable law. 
10.3 In the event of the Customer violates these terms and conditions or has used SAIJAI Platform that is inconsistent with the purpose of use and causes damage to SAIJAI the Customer agrees to indemnify to the fullest extent of the applicable law to the SAIJAI including fees and other expenses incurred in litigation.
10.4 This Agreement starts to bind the parties when Customer registers on the SAIJAI Platform and continues until terminated by either Customer or SAIJAI or either side.
10.5 SAIJAI may terminate an agreement if SAIJAI, in its sole discretion, finds that the Customer has failed to comply with any term or provision, including but not limited to the following terms;
     i being dishonest and giving inaccurate information to SAIJAI; 
     ii if we have been notified by the Service Provider of any verbal harassment mayhem or sexual harassment will be deemed to be terminated immediately;
     iii if the Customer does not comply with our rules, will be deemed to be the termination of the contract immediately;
     iv do any unauthorized acts; or
     v violate the agreed rules or regulations.
10.6 Upon termination, any rights or obligations of a party with respect to any outstanding service transaction (including fulfilment the Customer orders) will survive until completed. Any termination of this agreement will be without prejudice to the rights of either party against the other with respect to any claim, right, or obligation arising before the termination. Any obligations of the Parties relating to limitations on liability, confidentiality and indemnification, as well as any other obligations under this Agreement that by their nature are intended to survive, including any payment or customer service obligations in connection with the Services hereunder, will survive termination of this Agreement. Upon termination, SAIJAI may require Customer to maintain its Funds to cover any amounts Customer does or may owe SAIJAI.

11. Amendment
SAIJAI may amend the terms of this Agreement (including without limitation, any Annexures hereto) from time to time and will either post such amendments to the SAIJAI Platform (“Amendment Notice”). If Customer objects to any amendment to the terms of this Agreement (including any Annexure hereto), Customer should terminate this Agreement. If Customer continues to use SAIJAI Platform after the effective date of any amendment, Customer will be deemed to have agreed to and accepted any modifications set forth in the amendment.

12. Waiver
Neither Party shall be deemed to have waived any provision of this Agreement or the exercise of any rights held under this Agreement unless such waiver is made expressly and in writing. Waiver by either Party of a breach or violation of any provision of this Agreement shall not constitute a waiver of any subsequent or other breach or violation.

13. Severability
If any provision of the Terms shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from the Terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.

14. Interpretation and Governing Law
This Agreement shall be governed by, any interpretation or requirement made under the terms of this Agreement is made in accordance with the law of the Kingdom of Thailand.

I HAVE READ THE AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. WHEN I “SIGN UP”, “LOG IN”, “ACCEPT” OR OTHERWISE THAT MEANS I CONFIRM TO USE THE SERIVICES VIA SAIJAI PLATFORM, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.

Updated July 15, 2022