1. Definitions

1.1“AWC Connext Merchant Service” means the service provided to Merchant by AWC Connext Lifestyle Co., Ltd. and/or its affiliates and/or group company (hereinafter referred to as the “Company”) in order to facilitate the Merchant in redemption platform for product and/or service for members of the Company.

1.2“Merchant” means individual and/or juristic person and/or government agency that has been engaged with the Company and has been approved under this AWC Connext Merchant Service Terms and Conditions including as otherwise amended (hereinafter referred to as the “Terms and Conditions”)

2. Service Application

2.1The Merchant agrees and acknowledges that in order to apply for AWC Connext Merchant Service, the Merchant must have an agreement with the Company and comply with the Terms and Conditions.

2.2.The Merchant must apply for AWC Connext Merchant Service through channels specified by the Company, e.g. via mobile application or through any other channels the Company may provide in the future. For the use of AWC Connext Merchant Service, the Merchant must comply with this Terms and Conditions and/or any terms and conditions set by the Company and/or any relevant agency.

2.3.Once the Merchant has been approved to use AWC Connext Merchant Service, the Merchant will receive a one-time password (OTP) and/or any password provided by the Company which allows the Merchant to log in to AWC Connext Merchant Service via AWC Connext Merchant application or any other platform which the Company may provide in the future. The Merchant must keep the password strictly confidential.

2.4.When logging in to AWC Connext Merchant Service, the Merchant will receive a QR Code and/or any password from the Company. Unless specifically called otherwise, they are collectively referred to as the “Redemption Tool” which allow the Merchant to offer redemption process via AWC Connext Merchant Service.

2.5.Any action performed via AWC Connext Merchant Service by using Redemption Tool, whether such action is performed by the Merchant or any third party appointed by the Merchant, under any circumstance, is considered complete and valid. Such action shall bind the Merchant in the same way as when the action is performed by the Merchant itself and the Merchant will be entirely responsible for such action without having to submit or signing any document as evidence unless clearly stated or specified by the Company. The Merchant agrees that the Company will not be responsible for any loss and/or damage caused by such action and that the Merchant is fully responsible for the loss and/or damage caused by such action.

3. Merchant Conditions

3.1The Merchant must clearly display the sign or symbol of being AWC Connext Merchant Service to process coupon redemption and other redemption processing. After the termination of agreement and/or cancellation of this Terms and Conditions, the Merchant must stop using and displaying the sign or symbol of being the Company’s merchant immediately.

3.2The Merchant agrees to strictly comply with this Terms and Conditions, manual and/or relating documents which the Company has issued and/or may issue in the future from time to time.

3.3The Merchant shall not process the redemption of products and/or services which are inappropriate and/or illegal or incompliant with laws or government regulations.

In case that the Merchant shall not process the redemption of products and/or services as required or instructed by the Company, the Merchant has notified the Company of it and the Company may consider to give a written consent accordingly.

3.4The Merchant shall receive redemption order and/or deliver product and/or service pursuant to the member at its own expense. The Company shall not be involved or bound to the redemption order and/or deliver product and/or service under any circumstances. If the redemption order of product and/or service is refunded or cancelled after the member has made redemption processing by using the Redemption Tool, the Merchant shall refund the money paid for the product and/or service to its member. The Company has no duty to refund the member and/or deduct the money from the Merchant’s account to refund the member. The Company shall not be responsible for any loss and/or damage caused by the actions aforementioned.

Other Instructions

1. The Merchant agrees to display the QR Code, as well as insert information as required by the Company so that the member can redeem for products and/or services at the Merchant by scanning the QR Code or performing any action as instructed by the Company. The Company has no duty to verify the validity of such information.

2. The Merchant acknowledges and accepts that once the Merchant uses the Company’s service pursuant to this Terms and Conditions, the Merchant has fulfilled its objectives. Therefore, if any damage, fault or error occurs to the Merchant and/or any third party regardless of the cause, the Merchant agrees not to file a claim for compensation from the Company unless such damage, fault or error is caused by corruption, willful misconduct or gross negligence of the Company.

3. The Merchant acknowledges and agrees that if the Merchant wishes to use any other service provided by the Company in conjunction with AWC Connext Merchant Service, the Merchant shall follow and comply with the terms and conditions of such service as set by the Company.

4. The Merchant certifies that information given to the Company in the application and/or any document relating to the application, amendment and/or cancellation of AWC Connext Merchant Service is true, complete and accurate; updated for this AWC Connext Merchant Service and it is the Merchant’s own information. The Merchant has the legal right to request service and perform any transaction relating to this application. The Merchant agrees to be bound by and comply with this Terms and Conditions. In the case where any damage, fault or error occurred in relation to the application, amendment and/or cancellation of AWC Connext Merchant Service using the information given to the Company by the Merchant, the Company shall not be responsible for the loss and/or damage to the Merchant and/or any third party.

5. The Merchant acknowledges and consents to the Company to keep and/or disclosure of information and/or partial or all details which the Merchant has given during the application, amendment and/or cancellation of AWC Connext Merchant Service as prescribed by laws; or as required by a lawfully authorized government agency; or as the Company deems necessary and suitable; or as the Company has been given consent from the Merchant to disclose or as the Company deems beneficial for the Merchant.

The consent shall be valid in perpetuum even after the termination of agreement and/or the cancellation of AWC Connext Merchant Service. The Merchant acknowledges and agrees that the Company shall not be responsible for the loss and/or damage occurred from the keeping and/or disclosure of information and/or details under the aforementioned conditions.

6. The Merchant may edit, amend or change any information and/or details or cancel to use AWC Connext Merchant Service by making a request via channels specified by the Company and following the procedure set by the Company.

The editing, amendment or change of any information and/or details shall be effective once the Merchant has completely followed the procedure set by the Company and the Company has completely amended the information and/or details in the Company’s system.

7.The Merchant acknowledges and agrees that the Merchant has the duty to make a request to change or cancel the use of AWC Connext Merchant Service when the Merchant no longer uses AWC Connext Merchant Service or there is any change of information and/or details relating to AWC Connext Merchant Service. In doing so, the Merchant shall follow the procedure set by the Company and the Company has no duty to verify such information and/or details. If the Merchant fails to make a request to cancel or change the use of AWC Connext Merchant Service that following the procedure set by the Company and the failure causes any loss and/or damage, the Merchant shall be solely responsible for the loss and/or damage.

8. The Company reserves the right to temporarily suspend or permanently terminate AWC Connext Merchant Service provided to the Merchant or any part thereof, or terminate any of the services provided under this Terms and Conditions at any time. The Company shall notify the Merchant at least thirty (30) days in advance or as soon as possible  except there is any urgent circumstance that prevents the Company from giving the 30-day notice.

However, the Company may immediately suspend or terminate the use of  AWC Connext Merchant Service as the Company deems appropriate or in one of the following circumstances:

8.1 The Company suspects or believes, on reasonable ground, that the applicant is not the owner or the authorized person of the information used as reference for AWC Connext Merchant Service; that any business of the Merchant is illegal or against the public order or good morals; that the applicant performs suspicious or abnormal transactions e.g. multiple transactions within a short period of time; that the transaction is fraudulent, corrupt or illegal; or that there is a tendency that the action is illegal., or

8.2 The suspension or termination is required by regulations, rules, court order and/or laws.

9. The Merchant agrees to be bound to and comply with the regulation and practice as well as terms and conditions relating to this AWC Connext Merchant Service as is and as may be issued or amended by the Company in the future from time to time. The Company shall inform the Merchant of the issuance or amendment at least thirty (30) days in advance by announcing at branches or on the Company’s website (www.       ) and/or by any other means specified by the Company or deems appropriate by the Company. Such regulation, practice, terms and conditions constitute part of this Terms and Conditions. The terms and conditions of each type of transactions under AWC Connext Merchant Service must be complied with the Company’s terms and conditions of the corresponding transactions. The Merchant agrees to such terms and conditions and will neither dispute nor consider that such action causes the Merchant to lose benefits or to suffer damage and forego its right to claim compensation for loss of any benefit and/or damage from the Company.

10.The Company shall not be liable for the cases of which the cause is force majeure, e.g. communication system disruption, power outage, energy problem, third party action, fire, natural disaster, demonstration, transportation disruption, riot, warfare, computer virus or harmful data, or any situation beyond the Company’s control.

11.The Merchant shall indemnify and hold the Company harmless against all losses including but not limited to claims arising out from any breach of this Terms and Conditions. The Merchant shall not assign and/or transfer any right and obligation under this Terms and Conditions to any third party without prior written consent from the Company.

12.The Company agrees that any document and/or letter and/or evidence provided by the Company in relation to the use of AWC Connext Merchant Service is accurate without requiring the verification or signature from the Merchant.

13.This Terms and Conditions is enforced and interpreted under Thai law and any dispute arisen from this Terms and Conditions shall be taken to Thai court.