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| Membership Agreement |
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Program
Membership Agreement ("Agreement") carefully as it
explains the terms and conditions of your participation in the
Thaitel.com! Points Program ("Program"). This Agreement
is made between Thaitel.com, Inc. ("Thaitel.com"),
and you, the participant.
1. Eligibility.
(a) Enrollment is required
for participation in the Program.
(b) You must be Thaitel.com Member.
(c) You must be an individual, 18 years of age or older to participate
in the Program. No groups, affiliations or clubs are permitted
and no machines, scripts, or automated services may be used
to accumulate points in the Program. (d) You must have internet
access and an e-mail address to be eligible to participate in
the Program as the Program is only available via access to the
Thaitel.com website (http://Thaitel.com.).
(e) Employees of Thaitel.com are eligible for membership in
the Program, subject to any Thaitel.com employee policies.
2. Account Access and Password Security.
(a) You must be logged into
your Thaitel.com Member to access your Thaitel.com Points
You may check your Thaitel.com Membership and Thaitel.com Points
History at any time you are able to access the Thaitel.com web
site.
(b) Thaitel.com is not responsible and will not be held liable
for any of its actions undertaken on the basis of instructions
received from you or anyone else logged-in under your password.
You are responsible for keeping your password and other account
information confidential. Thaitel.com is not responsible for
any activities within your account by someone else who uses
your password.
3. Accrual of Thaitel.com Points.
(a) Thaitel.com Points ("points")
are calculated based on the Thaitel.com price of any item in
the Thaitel.com. Every United States dollar spent at Thaitel.com
earns 2 Points in this program.
(b) Opportunities to earn Points values over and above the value
set third in Section
3(a) may be available from time to time at Thaitel.com's sole
discretion. Program Members participate in these opportunities
at their own discretion.
(b) Points expire on the first day of the month one year following
the month which you sign up to be Thaitel.com member.
(c) You are responsible for any tax liabilities arising out
of your accrual or redemption of Points. Thaitel.com will use
commercially reasonable efforts to provide you with any notices
and/or forms as required by law.
4. Redemption of Points.
(a) Points are redeemable at your
discretion, provided you have enough Points in your membership
account to qualify for the reward you select.
(b) Thaitel.com will use commercially reasonable efforts to
supply the exact program reward described in the Rewards Catalog,
but reserves the right to substitute, at any time and with no
advance notice to Members, rewards which may vary due to changes
by the supplier or alternate rewards as may be necessary due
to unavailability, in which case a reward of equal or greater
value will be supplied.
5. Returns and Exchanges.
(a) Points earned on purchases
that are subsequently returned will be deducted from your account.
(b) With the exception of reward is non-returnable. If the merchandise,
are damaged, exchanges will be allowed within 30 days of shipment
date. Rewards will be returnable for Points only within 30 days
of the shipment date. (c) If the selected reward item is cancelled
by the warehouse, the corresponding non-expired points will
be credited back to your account.
6. Non-transferability.
(a) No Points earned or granted under the Program may be assigned
or transferred to any third party except as expressly permitted
by Thaitel.com in writing. The sale or barter of any such points,
other than by Thaitel.com, is strictly prohibited. Accrued points
do not constitute property, and are not transferable: (i) upon
death; (ii) as part of a domestic relations matter; or (iii)
otherwise by operation of law. Any Points assigned, sold, or
otherwise transferred in violation of this Agreement may be
confiscated or canceled. Any violator of the foregoing restriction
is subject to account termination, and/or liability for damages
and litigation and transaction costs.
(b) Points from multiple accounts cannot be combined or transferred
to any other account, even if they belong to the same individual
except permitted by Thaitel.com in writing.
7. Scope of Agreement.
(a) Participation in the Program constitutes your agreement
to be bound by the terms and conditions of this Agreement. Thaitel.com
reserves the right, at its discretion and at any time, to change,
modify, add or delete any portion of this Agreement at any time.
Notification of changes to this Agreement will be posted in
your Thaitel.com Membership section at Thaitel.com's website.
(b) If the terms or conditions of this Agreement in its current
form, or any future changes to this Agreement are unacceptable
to you, or cause you to no longer be in compliance with the
Agreement, you may cancel your participation in the Program
by promptly notifying Thaitel.com (see Section 9 regarding termination).
Your continued participation in the Program now, or within thirty
(30) days following the posting of notice of any changes in
these terms and conditions, will constitute a binding acceptance
by you of such rules, changes or modifications.
8. Program Changes/Suspension/Discontinuance.
Thaitel.com may change, suspend or discontinue any aspect of
the Program at any time, including the availability of any Program
feature, database, or content, with or without notice. In the
event of termination of the Program, You will have ninety (90)
days from the date notice of termination of the program is provided
to Members to accumulate and redeem points in your account.
Notification of Program termination will be sent to the e-mail
address you provide to Thaitel.com as part of your Thaitel.com
account. Thaitel.com will not be responsible for failing to
notify you of Program termination where such failure is caused
by an error in your e-mail program, an inaccurate e-mail address,
your failure to check for your e-mail online, or your failure
to inform Thaitel.com of a change in your e-mail address.
9. Termination.
(a) You may terminate your participation in the Program at any
time by sending an email with the Subject "Cancellation,"
along with your account number to: sales@thaitel.com
If you terminate your membership, you will no longer earn points
on purchases, but your current points earned and points pending
will be held should you choose to re-enroll.
(b) Thaitel.com may, in its sole discretion, terminate or suspend
your participation in the Program for any reason whatsoever,
including, without limitation, breach of the Agreement, any
fraud or abuse relating to the accrual or redemption of Points
or rewards, or any misrepresentation of any information furnished
to Thaitel.com or its affiliates by you, or anyone acting on
your behalf. Termination for cause may result in the forfeiture
of your Points at Thaitel.com's discretion.
10. Disclaimer of Warranty.
Thaitel.com's site, the Program and all rewards are provided
on an "as is" basis without warranties of any kind,
either express or implied, including, without limitation, warranties
of title or implied warranties of merchantability or fitness
for a particular purpose.
11. Limitation of Liability.
In no event shall Thaitel.com be liable to You for any direct,
indirect, special, exemplary, consequential or incidental damages,
whether such damages are alleged in tort, contract or indemnity
arising out of (i) the use or inability to use the Thaitel.com
site or your account; (ii) the Program; (iii) any failure, delay
or decision by Thaitel.com in administering the Program; and
(iv) the redemption or use of any reward, even if Thaitel.com
is informed of the possibility of such damages. In the event
of dissatisfaction, your sole and exclusive remedy is to terminate
participation in the Program.
12. General Provisions.
(a) All questions or disputes regarding the Program, including
without limitation, questions or disputes regarding eligibility
for the Program, or the accrual or redemption of Points, must
be submitted in writing within 90 days of the qualifying transaction
to: Thaitel.com Rewards? Program Thaitel.com, Inc. 2961 N. Sheridan
Chicago,IL 60657 USA Any such disputes shall be resolved by
Thaitel.com at its sole discretion. All interpretations of this
Agreement shall be at the sole discretion of Thaitel.com. In
the event that an error is made by Thaitel.com, your sole remedy
shall be the credit of the disputed Points to your account.
(b) You authorize Thaitel.com to disclose to third parties information
you have provided, or information that Thaitel.com has obtained
about your Thaitel.com Points account to agents of Thaitel.com
or its affiliates such as independent auditors, consultants,
or attorneys, to comply with government agency or court orders
or requests; or as necessary for redemption or transfer of points.
(c) The terms and conditions of this Agreement represent the
entire understanding between Thaitel.com and You with respect
to the subject matter of this Agreement, and supersede all prior
and contemporaneous agreements express or implied, oral or written,
except as herein contained. This Agreement may not be modified
or amended other than by Thaitel.com.
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