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TERMS & CONDITIONS

Last updated 25 June 2023

As used in this Agreement, "we," "us," "Five Brothers," "5B," www.drink5b.com, "company," “website," means Five Brothers or any of its affiliates, and "service user," "you," "online members," "registered members," “Buyer,” “Buyer(s)” "himself/herself," "he/she," "user," means the Applicant.

1. Terms and conditions and general agreements

Five Brothers has launched the website www.drink5b.com (hereinafter called “website”) which provides the sale of beverage products. The use of this website by the service user shall be used under the terms and conditions of this agreement. The service user should, therefore, thoroughly study the terms and conditions of this agreement and/or the terms and conditions of any other agreement, on the website by the company before using the website. By entering this website, the service user hereby accepts and agrees to comply with all of the terms and conditions. If the service user does not want to be bound by the terms and conditions, the service user must refrain from entering and using the services of this website.

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2. Rights, duties, and responsibilities of the service user

2.1 The company reserves the right to allow only service users who are registered members to order merchandise and/or services and/or to participate in promotional activities, organised through the website such as the purchase of goods.

2.2 In registering as an online member, the service user must provide the most current, correct, and complete personal information.

2.3 The service user agrees to change and/or to update personal information, specified in 2.2 to ensure that they are correct and up to date.

2.4 The service user agrees to keep the username and password confidential. If the service user gives or allows any other party to use the personal information and/or username and password for any purpose, it shall be deemed that such use was made by the service user himself/herself and may be legally binding for the service user under Thai law.

2.5 In the case that the service user exercises the rights in such a way that causes damage to other users, the service user agrees to be liable for such damage in full amount.

2.6 Online users who are younger than 20 are not permitted to use the website, irrespective of whether they obtain parental approval before completing any financial transactions such as making an online order to buy merchandise and/or to participate in buying goods with other users.

2.7 The service user agrees that all purchases are not allowed to be refunded, exchanged, resold, offered for sale for profit, or used for any form of commercial trade purposes without the written consent of the company.

2.8 The service user agrees that the products cannot be exchanged for gifts or any form of monetary compensation including promotional credits.

2.9 The company reserves the right to revoke online membership of any service user immediately without prior notice if the company finds that the following actions have been committed by the service user:

2.9.1 The service user provided false information, specified in 2.2, and/or fails to update the latest personal information.

2.9.2 The service user fails to keep his/her username and password confidential.

2.9.3 The service user committed improper, illegal or immoral action(s) and/or when there is a cause to believe that the service user has intentions to make fraudulent, improper, illegal and/or immoral action(s)

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3. Limitation of liability

3.1 Content: Although the company regularly conducts review(s) on the consistency of content on the website, the company cannot provide assurance that website content shall always be correct, complete, or up to date. The company, therefore, will not take any responsibility, directly or indirectly, for any mistakes, delay of information availability, and/or interruption of by any equipment, whether or not someone has already notified and/or made a recommendation to the company that there was a chance for such a problem to occur.

3.2 Service System: The service user acknowledges and agrees that the company cannot make assurances that access to, or use of website, in whole or in part, cannot be made. The service user agrees that the company cannot assure that personal information provided by the service user, content, materials, products (including software) or services included on or otherwise made available to you through this site; their servers; or electronic communications sent from Five Brothers are free of viruses and/or other harmful components. Five Brothers will not be liable for any damages of any kind arising from the use of this site or from any information, content, materials, products (including software) or services included on or otherwise made available to you through this site and/or provided by the service user, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing. If such damages occur, the service user acknowledges and agrees that the company is not responsible for any damages caused to any electronic devices and/or the service user.

3.3 Refunds: A Buyer is not entitled to a full or partial refund of any purchase unless the product received is defective, or unless expressly granted by Thai consumer rights law or Five Brothers. If you are a Buyer and you are entitled to request a refund in connection with an event on the Services, you should contact Five Brothers.

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4. Links to other websites

The website contains links to other websites which are not under the care of the company. Therefore, the service user acknowledges and agrees that the company is not responsible for any of the content shown on those websites and/or for any damage that may occur from visiting those websites.

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5. Personal information

Personal information of the service user, mentioned in 2.2 and 2.3 will be maintained according to the policies of the company, and in accordance with Thai law.

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6. Rights of the company

6.1 The company is entitled to change the Terms and Conditions and/or Agreements without informing the service user and/or compensating the service user for any damages that may arise as a result of such change.

6.2 The service user agrees and accepts that trade marks, content, products, and software, developed and used to provide the service on this website, is covered by intellectual property rights. No one, including the service user, is allowed to copy or reproduce this intellectual property, either in part or in full.

6.3 The service user agrees that the company is not liable and/or responsible in any way or form, for any damages to the service user that may arise from terrorism, fights, protests, riots, and force majeure.

 

7. Governing law

​The terms and conditions under this agreement and/or any other terms and conditions and agreements created by the company that appear on this website are governed by Thai law.

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