By accepting these Terms and Conditions, you represent and warrant that you are at least 20 years of age and not violating any applicable laws or regulations through your use of your th.siberianhealth.com/en/ Account, and have (or will) not provide false, inaccurate or misleading information in respect of your use of your th.siberianhealth.com/en/ Account, or claims made under the Protection Policy. You agree to defend, indemnify and hold us, our Indemnitees, affiliates and authorized representatives harmless from any claim, demand (including legal fees and costs), fines, penalties or other liability incurred by us due to or arising out of your breach of this representation and warranty.
1. Cumulative rights and remedies
Unless otherwise provided under these Terms and Conditions, the provisions of these Terms and Conditions and our rights and remedies under these Terms and Conditions are cumulative and are without prejudice and in addition to any rights or remedies we may have in law or in equity, and no exercise by us of any one right or remedy under these Terms and Conditions, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms and Conditions or at law or in equity) operate so as to hinder or prevent our exercise of any other such right or remedy at law or in equity.
2. No waiver
Our failure to enforce these Terms and Conditions shall not constitute a waiver of these terms, and such failure shall not affect our right to later enforce these Terms and Conditions.
If at any time any provision of these Terms and Conditions become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms and Conditions.
4. Rights of third parties
A person or entity who is not a party to these Terms and Conditions shall have no right to enforce any term of these Terms and Conditions, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this clause shall affect the rights of any permitted assignee or transferee of these Terms and Conditions.
5. Governing law
Use of the th.siberianhealth.com/en/ Account, and these Terms and Conditions shall be governed by and construed in accordance with Thai law and you hereby submit to the exclusive jurisdiction of the Thai courts.
6.1 If any dispute or claim arises from or in connection with these Terms and Conditions or your use of your th.siberianhealth.com/en/ Account, (“Dispute”), the relevant parties shall first attempt to resolve the Dispute through amicable negotiations. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
6.2 In any event and to the fullest extent permitted by applicable law, you may not make any claim against the Indemnitees under these Terms and Conditions after one year from the date of occurrence of the matter giving rise to the claim.
7. Injunctive relief
We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is an appropriate or adequate remedy.
8. Correction of errors
Any typographical, clerical or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part.
In the event that these Terms and Conditions is executed or translated in any language other than English ("Foreign Language Version"), to the extent allowed under law, the English language version of these Terms and Conditions shall govern and shall take precedence over the Foreign Language Version.
10. Entire agreement
These Terms and Conditions shall constitute the entire agreement between you and us relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.
11. Binding and conclusive
You acknowledge and agree that any records (including records of any telephone conversations relating to the th.siberianhealth.com/en/ Account, if any) maintained by us and/or our service providers relating to or in connection th.siberianhealth.com/en/ Account, Account shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.
12. Sub-contracting and delegation
We reserve the right to delegate or sub-contract the performance of any of our functions or obligations in connection with th.siberianhealth.com/en/ Payment Account to any service provider, subcontractor, affiliates and/or agent on such terms as we may deem appropriate.
You may not assign your rights or transfer your obligations under these Terms and Conditions without our prior written consent. We may assign our rights or transfer our obligations under these Terms and Conditions to any third party at our sole discretion.
14. Force Majeure
We shall not be liable for non-performance, error, interruption or delay in the performance of our obligations under these Terms and Conditions (or any part thereof) or for any inaccuracy, unreliability or unsuitability of th.siberianhealth.com/en/ Payment Account if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control.