These Terms and Conditions (“Terms“). govern the usage of free and paid Service provided to the User by Netka.
1. Definition
“Account” or “NSDX’s Account” means any free or paid account created pursuant to Clause [2.1] (Your Account) in order to use the Service.
“Affiliate” means any entity that belongs to Netka System Co., Ltd.’s group of companies.
“Content” means any text, information, written work, data, files, usernames, images, graphics, photographs, illustration, icon, design, audio, sounds, video clips, musical works, works of authorship, code, program source code, applications, links, created tasks and materials, as well as their selection and arrangement.
“Intellectual Property Rights” or “IP Rights” means copyright, trademark, patent right, trade secret and other rights defined as intellectual property right under the applicable law.
“Netka” means Netka System Co., Ltd., and any Affiliate (collectively “Netka Group”) and shall include “Netka Parties” as the context may require.
“Netka Content” means all Content that Netka uploaded, downloaded, embedded, coded into, or create it appearance on or within the Services at any time.
“NSDX” or “NetkaQuartz Service Desk X” means a web-based IT service management (ITSM) solution created by Netka to support service desk or call center operations offered on the websites or platform accessible on the internet world-wide. NSDX may include ITIL best practice framework for Incident Management, Problem Management, Knowledge Management, Service Level Management and Service Asset & Configuration Management; smart dashboard; and self-service request abilities.
“Organization” means a legal entity which is not an individual person including organization, corporation, or any other kind of juristic person.
“Service” means the service of NSDX provided by Netka.
“Service Fee” means the fee charged on User for the use of Service in the amount depending on the plan offered by Netka.
“User or you” means any individuals or Organization who
a. use the Service;
b. is an Account owner; or any person acting on behalf of the Account owner.
“User Content” means any Content that the User write, upload, submit, store, send or share with Netka; or Content User made available or created its appearance on the system while using the Service at any time.
2. Agreement to use the Service
2.1 Your Account
1. By creating an Account, you have understood and agree to these Terms
2. Your Account must be registered by a human. Accounts registered by “bots” or other automated methods are not permitted.
3. You must provide accurate information as requested when creating your Account and shall constantly update your information to the latest version.
4. You must not use stolen identity or other people’s personal information without their permission to create an Account.
5. You are responsible for protecting your username and password and for all activities that occur under your Account.
6. You must not disclose or take any action that will render others to know your password or sensitive information.
7. You should notify Netka immediately if you notice or are aware of any breach of any security or unauthorized use of your Account.
8. You are responsible for all liability if you allow a third party to use your Account on your behalf or are aware of the unauthorized use of your Account and do not act against it.
9. You may never use another user’s account without their permission.
10. Netka reserves the right to refuse access to the Account or Service to anyone who in our discretion prejudice to the Service or Netka.
11. You authorize and agree to authorize Netka to, directly or through third parties, make any inquiries to validate your identity and/or authenticate your identity and information relevant to the Account when Netka have reasonable believe that:
a. your identity is incorrect
b. your identity is not up to date
c. your identity is being used by any one
This may include asking for more information and/or supported documentation about your identity, Account usage; requiring you to confirm the ownership of your email address, telephone number, wireless/cellular telephone number or financial details; and verifying your information against third party databases or other sources. We will inform you in advance if there is any fee occurred and charging on you for this verification process.
2.2 Notification
As part of the Service, you will (if enabled) receive push notifications, text messages, alerts, emails, or other types of messages sent to you outside or inside the Service (“Notifications”). You have control over the Notifications settings and can opt in or out of these Notifications through the Services. However, opt out will not apply to infrequent, important service announcements and administrative messages.
2.3 Modification of Service
Netka may modify the whole or part of the Service when we deem necessary, including but not limited to updates to the Service.
2.4 Maintenance of the Service
1. To maintain the availability of the Services, Netka may occasionally conduct maintenance to the Service. Therefore, the User understands and agrees that the Service may be interrupted occasionally for the purposes of, including but not limited to, scheduled maintenance or upgrades, emergency repairs, system and server failures, unscheduled downtime, or failure of telecommunications links and/or related equipment or devices, which shall not be deemed Netka’s failure in providing the Service.
2. You will be responsible to maintain the schedule backing up your own User Content regularly. Netka has no responsibility to backup and/or storage User Content.
3. Netka will not be liable to you for any modification, suspension, or discontinue of the Service, or the loss of User Content or any content.
2.5 Associated Application
1. As part of the Service, we may provide downloadable client software (the “Software”) for your use in connection with the Service.
2. This Software may update automatically and if such Software is designed for use on a specific mobile or desktop operating system, then a compatible system is required for use.
3. So long as you comply with these Terms, we grant you worldwide, non-exclusive, nontransferable, revocable right to use the Software, provided, however, that this right does not constitute a sale of the Software or any copy thereof, and as between you and Netka, we retain all right, title and interest in the Software.
4. If you are required to use any third-party application in connection with the use of the Service, you hereby consent that your User Content may be shared with the third-party application. You are required to review their privacy policy in order to understand how the third-party application provider utilizes your User Content and other information.
3. Privacy Policy
3.1 Collection of Information Policy
1. To use the Service, you are required to agree to Netka’s Privacy Policy.
2. Netka’s Privacy Policy is available in https://www.netkasystem.com/privacy-policy/
3. Netka’s Privacy Policy explains the way we collect and use your information. It affects your legal rights and obligation. Please read and understand it before continuing. If you do not agree to be bound by it, you cannot proceed to access or use our Service.
4. You agree that Netka may collect and monitor your other information. Your information will be treated in accordance with our Privacy Policies. Information we collect includes
a. Personal Information
b. User Content or other content you create, upload or received from others when using the Service
c. Your use or activities on the Service
d. Your location when you use the Service
e. Apps, browser, and devices you use to access the Service;
f. Information about interaction of your apps, browsers, and devices with the Service, including IP address, crash reports, system activities, and the date, time and referrer URL of your request;
g. Other information or material User provide or made available on the Service.
Collectively referred to as “Collected Information”
5. Netka may use Collected Information for the following purpose:
a. Provide the Service
b. Maintain and improve the Service
c. Facilitate your use of the Service;
d. Provide personalized services, including advertisement
e. Measure and analyze performance of the Service
f. Communicate with you
g. Ensure compliance with the Terms
h. Security purpose
6. Netka will not share Collected Information with companies, organizations, or individuals outside of Netka Group except in the following cases:
a. With your consent
b. With your explicit consent when sharing any sensitive personal information
c. For external processing e.g., customer support
d. For legal reasons
7. You may export a copy of your information and User Content or delete it from your Account at any time
8. Netka may retain the Collected Information for different periods depending on the nature of the information and the necessity e.g., retain for legitimate business or legal purposes.
9. The Service is provided around the world, so you understand that Collected Information or User Content may be transferred, processes, stored on servers located outside of the country where you live.
Regardless of where Collected Information or User Content is processed, you consent to such transfer, process, or storage and we will apply the same protections described in this Terms and Privacy Policy.
10. Netka may change policy to collect information from time to time.
If changes are significant, we will provide a more prominent notice.
3.2 Collection of Information Policy
1. Without limiting any other remedies, Netka may, but have no obligation to monitor, prescreen, copy, modify, edit, revise, adjust, change, limit, remove, suspend, terminate, delete or block the whole or part of User Content, Account or Collected Information uploaded, provided, posted, or made available on the Service that we determine in our sole discretion violates or suspect to violate these Terms or illegal or improper, and you will solely bear legal responsibility your own.
2. Netka is not responsible for, and do not endorse, User Content or Collected Information uploaded, provided, posted, or made available on the Service.
3. Except as otherwise described in the Privacy Policy, as between you and Netka, User Content will be non-confidential, nonproprietary and Netka may and will not be liable for any use or disclose of User Content at any time without prior consent from User.
4. In some cases, it is necessary for Netka’s employees, contractors, or agents to access your Account and content to provide support, services and/or diagnose a problem. When you contact our support and services team, this may imply that you authorize us to access to your Account and Service (if necessary). If you wish to receive assistance without granting access permission to your Account and Service, please specify in your communication with our support and services team.
5. You understand that the Internet connection may be subject to breaches of security and that the submission of content or other related information/data may not be secured.
4. Your relationship with Netka
1. Between you and Netka, we have no special relation apart from Netka giving you non-exclusive, non-transferable, revocable right to use the Service if you agree to follow these Terms.
2. You agree that the relationship between you and Netka is not confidential, fiduciary or of any special relationship.
3. You understand that your decision to submit any User Content does not place us in a position that is any different from the position held by member of the general public.
5. Restriction
1. Netka grant you the right to use the Service solely for its intended purposes.
You agree not to use the Service for any other purposes and must comply with all laws, rules, and regulations applicable to your use of the Service.
2. You must not conduct or attempt to conduct the following action as an Account owner or when using the Service, unless you have separately obtained evidential approval from Netka:
a. copy, reproduce, republish, rebuild or download the whole or part of the Service or Netka Content;
b. modify, adapt, disassemble, decompile, frame, download, transmit, display, reverse engineer the whole or part of the Service or Netka Content;
c. make any derivative uses of the Service or Netka Content;
d. sell, participate in any sale, rent, assign, loan, distribute, license, sublicense the whole or part of the Service or Netka Content;
e. remove, alter, or obscure any copyright, trademark, service mark, Netka’s branding, logo, legal notices or other proprietary rights notices incorporated in or accompanying the Service or Netka Content;
f. alter another website so as to falsely imply that it is associated with the Service or with Netka;
g. make distribution, public performance, or public display of Netkas Content;
h. use the Service for advertising, commercial purpose or solicitation;
i. access our private API by means other than those expressly permitted by Netka;
j. Interfere, disrupt, undermine or manipulate the legitimate operation of any of the Service or servers, networks or connection to the Service, including by transmitting any worms, viruses, spyware, malware, or any other code of a destructive or disruptive nature that harm the Service;
k. Alter or inject content or code which will interfere or disrupt with the way any our page is rendered or displayed;
l. use any mining, scraping, robots or similar data gathering or any extracting method;
m. crawl, scrape, cash or otherwise access any content on the Service via automated means (except as may be the result of standard search engine protocols or technologies used by a search engine based on Netka’s consent)
n. use the Service or Netka Content for any illegal, unauthorized or unethical purpose;
o. violate a law, judgement, court order, or binding regulations in any way;
p. violate our or any third party right arising from law or by contract;
q. do or attempt to restrict other Users from using or enjoying the Service or Netka Content;
r. aid, encourage or facilitate anyone to violate all our Terms;
s. conduct any other use of the Service that we deem inappropriate.
3. You must not write, upload, submit, store, send, share, Content or made its appearance available on the Service that
a. violate the right of any third party including without limitation, copyright, trademark, privacy, or other personal or proprietary right(s), and will not cause injury to any person or entity;
b. contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain political campaigning, software viruses, malwares, commercial solicitation, chain letters, mass mailings or any form of spam.
4. If you breach any of the above restriction, you will be liable for all damages incurred.
6. Payment
1. Service Fee for the paid account are to be paid in advance of the use of Service and are non-refundable
2. If Service Fee are being paid via credit card or other electronic means, you authorize Netka to charge any fees (including tax) incurred from using such payment method (e.g. fee charged by credit card company) in addition to the Service Fee.
3. By default, you agree that your Accounts are set to auto-renew, and we may automatically charge you for such renewal on or after the renewal date unless you have cancelled the Service prior to its renewal date.
4. We may suspend access to your Account, our Service and any of Netka Content if you do not timely pay the Service Fee when due.
5. We may terminate access to your Account, our Service, and any of Netka Content if the Service Fee become overdue for over 7 days.
6. You are solely responsible for all taxes incurred from using our Service, and we will charge you such tax if required to do so by law.
7. Netka may revise Service Fee or payment rates for the Service from time to time and will notify you with email of any changes in fees at least thirty (30) days prior to your Service renewal date. If you do not object to the new rate within 7 days from receiving the notice, it shall be deemed that you accept the change.
8. You are responsible to provide us with complete and accurate billing information.
7. Term
1. The use or access to the Service remains in effect for 1 year or any other period depending on the service plan offered by Netka, unless earlier terminated under this Term.
2. By default, at the end of each term, your Accounts are automatically renewed for an additional term, unless either party provides 30 days prior written notice of non-renewal.
8. Intellectual Property (“IP”)
8.1 Netka’s IP right
1. Netka own and have the right to use the IP Right of NSDX, the Service and Netka Content.
2. NSDX, the Service and the Netka Content are protected by intellectual property laws including copyright, trademark, and other laws applicable in each country worldwide.
3. You are permitted to use NSDX, the Service and Netka Content to the extent as permitted by the Terms. Except as expressly provided in these Terms, we do not grant any express or implied rights to use NSDX, the Service and Netka Content. Unauthorized use of the same may violate the applicable laws and these Terms.
4. NSDX and Netka’s name, branding or logo are our trademarks, and may not be copied, imitated or used, in whole or in part, without our prior written permission.
5. All page headers, custom graphics, icons, and templates are our service marks, trademarks, and/or trade dress, and may not be copied imitated or used, in whole or in part, without prior written permission from Netka.
6. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying NSDX, the Services or Netka Content.
7. You will not copy, reproduce, republish, rebuild, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, NSDX, the Services and Netka Content or any related software or Client Software as defined above, except as expressly stated in these Terms.
8.2 User’s IP right
1. User retains all intellectual property right over your User Content submitted or created during the use of the Service and Netka claims no ownership over such content.
2. You may share someone else’s creative content if they have given you their permission.
3. You agree that as long as the content is anonymized data and does not identify you, Netka may combine content to provide benchmarking, public reports, use it to provide the Service or any action as Netka deems appropriate.
4. Netka may access to User Content in order to provide and improve the Service and customer’s satisfaction.
8.3 Other IP right
1. You may not use content that belongs to other User or any other third parties without permission or as otherwise allowed by law.
2. You acknowledge and agree that it is Netka’s policy to not accept or consider content, including but not limited to idea, suggestion, suggestion feedback, or other materials other than information specifically requested by Netka. In avoidance of doubt, any idea that are similar to those developed by us, it is absolutely our idea.
If you, either intentionally or negligently sent, disclosed, or submitted to Netka, or offer in connection with your use of the Service any such content via our Service, our sites, by e-mail, by telephone, or by mail, you agree that Netka may use, reproduce, change, modify, adapt, create derivative works, disclose, communicate, publish, publicly perform from published, displayed, and distributed them during the use of the Service for any purpose whatsoever and/or incorporate them into any form, medium, or technology.
8.4 Reporting IP Violation
1. If you found that the User Content or Netka Content has been infringed in any way that do not comply with the applicable Intellectual Property Law, you may send us a notice of the infringement within 1 year from the date on which such infringement was found.
2. The notice of the infringement shall contain the following information:
a. Personal and contract information of the person sending the IP infringement notice including but not limited to address, telephone number, and e-mail address;
b. A power of attorney giving the authority to act on behalf of the owner of the Content in case the sender is not the owner of the Content, unless no owner is found;
c. A description of the copyrighted work that you claim has been infringed;
d. A description of the location of the Content that sender claim to be infringed;
e. A statement by explaining the reason of your good faith belief that the Content is infringed or its use is not authorized by the copyright owner, its agent, or the law; and
f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
3. Netka reserve the right to modify, edit, revise, adjust, change, limit, remove, suspend, terminate, delete or block the whole or part of User Content that Netka has reasonable believe to infringe or infringe IP right without prior notice to such User at our sole discretion. If such User is determined to repeat the infringement or is deemed to prejudice to the Service, we may also terminate such User’s Account at our sole discretion.
9. Representation and Warranties
1. Netka represent and warrant that we will provide the Service using reasonable skill and care.
2. You represent and warrant that:
a. If you use the Service on behalf of the Organization, you agree to these Terms on behalf of that Organization.
b. You hereby represent that you have authority to agree and bind the Organization to these Terms. In that case, you and the User refer to yourself and the User and its Organization.
c. you own or received permission to use the Content posted or used by you on or through the Service;
d. your activities and use of the Service are lawful in every jurisdiction where you access or use the Service and not violate, misappropriate, or infringe on the rights of any third party;
e. the posting of User Content on or through the Service does not violate, misappropriate, or infringe the law or the rights of any third party, including but not limited to privacy rights, publicity rights, copyrights, trademark, and/or other intellectual property rights;
f. your use or activity will not introduce any virus into the System through User Content or otherwise;
g. you have the legal right and capacity to enter into these Terms in your jurisdiction
10. Warranty Disclaimer
1. Only commitments Netka make about our Service are described in the Representation and Warranty Section, in this Term or provided under applicable laws. We do not make any other commitments about our Services.
2. Any representation and warranties made by Netka herein convey to only Account owner and not extended to any other third parties.
3. Apart from what is provided in this Term, Netka, our employees, directors, employees, contractors, suppliers, licensors, or agents (collectively, the “Netka Parties”) disclaim any representations, warranties or endorsements of any kind or character whatsoever, expressly or implied:
a. to the Service;
b. to the Netka Content;
c. that the Service and Netka Content will meet your requirement, merchantability operate in the combinations that you desire or maintains its fitness for a particular purpose;
d. that the Service or Netka Content is not customize to any individual and made as a standardize service to everyone;
e. that the Service or Netka Content is accurate, complete, or useful;
f. that Netka will preserve or maintain User Content;
g. that the Service or Netka Content is lawful in any particular jurisdiction,
h. that the Service and Netka Content is error-free or uninterrupted, including but not limited to stability, reliability, accuracy, completeness or validity;
i. That the Service and Netka Content will maintain User’s quiet enjoyment;
j. That the Service maintains security associated with the transmission of information to use via the Service;
k. That the Service and Netka Content is free of bugs, virus or security breaches or defect of any kind.
4. You understand that your use of the Service is at your sole risk
5. You understand that the use of the Services may involves transmission of your Content over networks not owned, operated, or controlled by Netka. In such case, Netka is not responsible for any Content lost, altered, intercepted, or stored across such networks.
6. Any delays in availability of the Service occurring as a result of User’s action or omission shall not be deemed as a breach of this Agreement.
7. If some jurisdictions limit or do not allow the disclaimer of representations or warranties, the above disclaimer may not applicable to you to the extent such jurisdiction’s law is applicable to you and these Terms.
11. Limited Liabilities
1. If Netka is subject to any kind of liability under this Term, the liability shall be limited to the total amount suffered or incurred out of Netka’s intention or gross negligence whether or not those losses could have been reasonably anticipated or foreseen.
2. Unless prescribed in these Terms, Netka Parties disclaim any responsibility or liability to any person or entity for any direct, indirect, economic, exemplary, consequential, special, punitive, or incidental loss, damage injury, claim, liability, or other cause of any kind or character based upon or resulting from the following, expressly or implied,
a. Service;
b. Netka Content;
c. your use of the Service;
d. your inability or failure to use or access of the Service;
e. any errors, stoppage, interruption, defect, delay, omissions or malfunction of the Service’s operation;
f. any virus, malwares, bugs or tampering in operation or transmission, computer line, network failure or any other technical malfunction;
g. any security breaches;
h. any action taken in connection with an investigation by the Netka parties or law enforcement authorities regarding your use of the Service;
i. any action taken in connection with copyright or other intellectual property owners;
3. Netka is not responsible for any damage to any User’s computer, mobile device, or other equipment or technology caused by the use of the Service;
4. If the law of User’s country does not allow the exclusion or limitation of liability, so the above limitation or exclusion shall apply to the extent as allowed by the law.
5. Apart from the about limitation or exclusion of liability, if User incur any damages, losses, or injuries that arise out of Netka’s acts or omissions, if the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of the Service, Netka Content, Netka’s property, product, or other content owned or controlled by Netka parties.
6. Netka Parties are not responsible for the actions, Content, information, or data of third parties, and you release the Netka Parties from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
7.Netka neither support nor consent to any act and Content brought into the system which is contrary to the law.
12. Suspension/Termination of Service
1. We may take legal or technical steps to suspend, terminate or delete your User’s Account(s) or pause to provide you with access or use of all or part of the Service at any time without liability to you for any reason, including, but not limited to, if we reasonably believe that:
a. You materially or repeatedly violated any provision of the Terms
b. You have violated applicable law;
c. you have violated our or any third party right arising from these Term.
d. you are alleged of IP infringement or have infringed the IP right of us, any User or third parties.
e. you create risk or possible legal exposure for us, any User or third parties;
f. your use or access to the Service is prejudice to us, any User or third parties;
g. the 10 days free trial period of the Service has been expired without any payment; or
h. the Services providing to you is no longer commercially viable;
i. we are required to do so to comply with a legal requirement or a court order.
2. In such event, Netka shall not be required to provide any refunds, benefits or other compensation to User in connection with such suspension or termination of the Service.
3. Netka will notify you through our Service, the next time you attempt to access your Account, or by an email address or phone number you have provided us.
4. If you believe that your Account has been suspended or terminated in error, you can appeal to Netka by sending a notice to us within 15 days from the date you found out of the error.
5. Upon termination of your Account or Service:
a. Netka may limit or block your access to all or part of the Service;
b. Your User Content, information and any other data will no longer be accessible via your account and Netka has no obligation to keep such information;
c. all the rights, privileges, earned items, purchased item associated with your use of the Service or granted to you in these Terms will immediately discontinue, and we have no liability towards you as a result of such losses or results.
13. Indemnification
1. The User or anyone acting on behalf of User agree to defend, indemnify, and hold Netka or Netka Parties harmless from and against any claims, liabilities, damages, losses and expenses arising directly or indirectly out of or in any way connected with any of the following
a. User access or use of the Service;
b. User Content;
c. User breach or alleged breach of these Term;
d. (i) modifications of the Service by User;
e. User’s unauthorized supply, disclosure, or processing of User Content or personal information;
f. User violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right;
g. User violation of any rules, order, regulation, codes, statutes, ordinance,
including but not limited to all regulatory, administrative, and legislative authorities; or
h. Any misrepresentation made by User.
2. User agrees to cooperate as fully required by Netka in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent. Notwithstanding the foregoing, you agree that the cost of any such defense will be at your sole and exclusive expense.
14. Force Majeure
Netka will be excused from any obligation to the extent performance thereof is prevented by acts of God, fire, flood, earthquakes, natural disaster, blackout, material shortage, riots, strike, civil unrest, or any other cause which are unavoidable and beyond our reasonable control.
15. Arbitration
1. The disputes between the User and Netka shall be resolved by arbitration in Thailand in accordance with the Arbitration Rules of the Thai Arbitration Institute.
2. Notice to Netka shall be directed to the following address:
Netka System Co., LTd.
1 Soi Ramkhamhaeng 166 Yaek 2, Ramkhamhaeng Rd.
Minburi, Bangkok 10510 Thailand
3. This arbitration agreement will survive the termination of your relationship with us.
16. General
16.1 Amendment to Term
1. Netka may, in its sole discretion, to change these Terms from time to time to:
a. Reflect the changes in our Service, Netka’s policy and how we do business
b. for legal, regulatory, or security reasons; or
c. to prevent abuse or harm
(“Updated Terms”)
2. If we materially change these Terms, we will provide you with reasonable advance notice and the opportunity to review the changes before the Updated Terms become effective, unless:
a. we launch a new service or feature
b. in an urgent situation e.g. preventing ongoing abuse or responding to legal requirement
c. for legal or administrative reason
3. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms constitutes your agreement to the Updated Terms. Therefore, you should review these Terms and any Updated Terms before continue using the Service.
4. The Updated Terms and Conditions will be effective as of the time of posting, or such later date as may be specified in the Updated Terms and will apply to your using of the Service from that point forward. These Terms will govern any disputes arising before the effective date of the Updated Terms.
5. If you do not agree to the Updated Terms, you should remove your User Content and stop using the Service. You can also end your relationship with us at any time by cancelling your Service.
6. Neither the course of conduct between the parties nor trade practice will act to modify the Terms.
16.2 Assignment
1. User will not assign any right or obligation under this Terms, in whole or in part, whether voluntarily or by operation of law, without our prior written consent of Netka, otherwise such assignment will be null and void.
2. Netka can assign any right or obligation under the Terms by notifying the User and the Terms will inure to the benefit of and be enforceable by our successor. Assignment of Netka’s obligation under the Terms shall be deemed obtaining consent from the User if the User continuing using the Service after being notified by Netka for such obligation transfer.
16.3 Severability
1. If any provision of these Terms is held to be prohibited, unlawful, void, or for any reason unenforceable in any jurisdiction, then that provision will be deemed severable from other Terms, as to such jurisdiction, and will not affect the validity and enforceability of any remaining provisions.
16.3 Waiver
1. Netka’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right.
2. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.
16.4 Survival of Terms
1. The termination or cancellation of the Service shall not affect the User’s obligation and rights hereunder which by their nature should be understood to survive such termination or cancellation.
16.5 Electronic Communication
1. By default, we will send you information relating your User Account or use of Service in electronic form only e.g., via emails to your email address provided during registration.
16.6 Entire Agreement
1. These Terms and Conditions constitute the entire agreement between the User and Netka and governs your use of the Service, superseding any prior agreements between you and us.
16.7 Governing Law and Jurisdiction
1. The Terms and dispute arising out of or relating to these Terms will be governed by the law of Thailand.
