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Terms and Conditions of Use
Terms & Conditions:
General

The Roomai.com website (the "Website") is provided by Blackwood Ventures Company Limited whose registered office is at No.5 B.P. Place 7th Floor, Phaholyothin Road Jompol, Jatuchak, Bangkok 10330 (hereafter referred to as "Roomai").

Use of the Website and any Roomai extranet sites to which you may be directed (together the "Roomai WebPages") and membership of all Surveys set up and administered by Roomai (the "Roomai Surveys") or participation in any other Roomai research activities ("Roomai Activities") is governed by these terms and conditions of use (the "Terms").

Acknowledgement and Acceptance

By ticking 'I agree' during the process to register participation as a member of a Roomai Survey ("Member"), or by participating in a Roomai Activity or by simply accessing and using the Roomai WebPages, you agree to be bound by these Terms. Should you not wish to accept these Terms, you must exit the Roomai WebPages immediately and/or or cease participation in any Roomai Surveys or Roomai Activities.

Roomai reserves the right at any time and from time to time, to modify or amend these Terms or any part thereof, without notice to you. Your continued use of the Roomai WebPages or continued participation in the Roomai Surveys or the Roomai Activities constitute an affirmative acknowledgement of any modification and your continued agreement to be bound by the modified Terms.

Terms of Participation

1. Roomai Member Registration Process

1.1. To become a Member and to participate in a Roomai Survey, you need to register with Roomai and create a Survey Membership Profile following the registration process set out below (the "Roomai Registration Process").

1.2. Prospective Members must complete a Roomai registration form each time they wish to join a Roomai Survey. Registration forms include:

1.2.1. the form available on the Website, but may also include permission-based registration forms hosted on third party websites;

1.2.2. registration forms hosted by Roomai and accessed via third party websites; or

1.2.3. registration forms accessed via links in an email sent to you by a third party or by Roomai where you have granted permission to receive such emails from these sources.

1.3. The registration form may include any number of questions or may be limited solely to the expression of assent to join the Roomai Survey.

1.4. During each Roomai Registration Process prospective Members will be notified of any terms in addition to these Terms which shall apply to membership of the respective Roomai Survey.

2. Undertaking regarding information provided

2.1. In consideration of Roomai granting you access to the WebPages and/or the ability to participate in a Roomai Survey or Roomai Activity, you agree to:

2.1.1. provide true, accurate, current and complete information about yourself as prompted by the Roomai Registration Process;

2.1.2. maintain and promptly update your personal membership details including the Survey Membership Profile (defined in section 3 below) so as to keep it true, accurate, current and complete; and

2.1.3. provide true, accurate, current and complete information about yourself as prompted by Roomai whilst participating in a Roomai Survey or Roomai Activity.

2.2. If you provide any information that is untrue, inaccurate, not current or incomplete, or Roomai has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Roomai has the right to suspend or terminate your current access to, use of, and/or participation in Roomai Surveys or Roomai Activities. This is subject to your right to refuse to answer any Surveys or Roomai survey or information request.

3. Your Survey Membership Profile and Roomai Account

3.1. Upon completing the Roomai Registration Process, Members will be provided with a profile ("Survey Membership Profile") and an account ("Roomai Account") for those Roomai Surveys and Roomai Activities (related to a particular Roomai Survey) for which Credit (as defined in Section 3.6 below) is awarded.

3.2. Only one Survey Membership Profile is permitted per Member for each Roomai Survey and only one Roomai Account is permitted per Member for each Roomai Survey for which Credit is awarded. Any Member found to have multiple Survey Membership Profiles and/or Roomai Accounts may have secondary Survey Membership Profiles and/or Roomai Accounts deleted. Credit accrued in secondary Roomai Accounts may not be transferred. Roomai may demand proof of identity in the event of a dispute.

3.3. A unique email address must be used by each Member. (For example, this means that family members may not each have an account using a shared email address but must each have a separate account with a separate email address.)

3.4. Each Survey Membership Profile and Roomai Account must only be accessed by an individual Member, and may not be accessed by any other individual without the express permission and authorisation of Roomai. You agree to notify Roomai immediately you become aware of, or suspect any unauthorised use of your login information, Survey Membership Profile and / or Roomai Account, or any other breach of security.

3.5. In the event of access to your Roomai Account by another individual, Roomai reserves the right to freeze the account until a resolution has been reached. Roomai reserves the right to reclaim any incentive earned by access of the unauthorised user, for which the Member will have no recourse against Roomai.

3.6. Members may accrue credits for their Roomai Account ("Credit") in the prescribed manner detailed on the Roomai WebPages, including for completing the Roomai Registration Process and for participating in Roomai Surveys and related Roomai Activities for which Credit is awarded. The amount of Credit accrued for participation in a Roomai Survey or related Roomai Activity will be notified to Members via authorised communications.

3.7. Unless otherwise specifically notified, Credit can only be earned through following all and any instructions regarding earning Credit. A Member's failure to correctly follow any required instructions or procedures may result in no Credit being earned, for which the Member will have no recourse against Roomai.

3.8. Points earned will be recorded in your Roomai Account, however no Points earned is ever available for redemption until the Member has reached the specified fulfilment level notified to the Member when completing the respective Roomai Registration Process.

3.9. Roomai reserves the right to change the range of Roomai Activities and Roomai Surveys or related Roomai Activities through which Points may be accrued and to vary the frequency of invitation to such activities and Surveys. Roomai also reserves the right to alter the level of Points required before such Points can be redeemed.

3.10. Points may not be transferred to other Roomai Accounts nor pooled together in any manner and the sale or barter of Points is strictly prohibited. Points has no monetary value, and cannot be used for any purpose other than redeeming the designated reward.

3.11. Roomai may from time to time adjust a Member's Roomai Account upwards or downwards in response to errors which Members acknowledge may arise or suspected fraud, for which we have full authority.

3.12. Roomai reserves the right to terminate any Roomai Account that has been dormant for a period of 6 months or more. By 'dormant' we mean, where the Member has not participated in the relevant Roomai Survey or related Roomai Activity within the preceding 6 month period. Roomai will attempt to contact the Member, via their nominated email address, if their Roomai Account is at risk of termination through inactivity. In the absence of a satisfactory response, the Roomai Account will be terminated, and any accrued Points will be forfeited.

4. Prize polls

Roomai may ask you to participate in Roomai Activities which will enter you into a prize draw. Such draws will be governed by the respective terms and conditions specified and displayed for each prize draw.

5. User Content

5.1. Use of the Roomai WebPages and participation in Roomai Activities or Roomai Surveys may allow you to interact with, or submit content to, the Roomai WebPages which may be visible to other users of the Roomai WebPages ("User Content").

5.2. You acknowledge that User Content provided by you is your sole responsibility. This means that you, and not Roomai, are entirely responsible for all User Content you upload, post, link to, email or otherwise transmit via your use of the Roomai WebPages or your participation in any of the Roomai Activities or Roomai Surveys.

5.3. Roomai does not control or pre-screen the User Content posted on the WebPages and does not guarantee the accuracy, integrity or quality of such User Content, and therefore assumes no liability in respect of the User Content.

5.4. You understand that by using the Roomai WebPages, you may be exposed to User Content, and you agree that you must evaluate, and bear, all risks associated with the use of any User Content, including any reliance on its accuracy, completeness, or usefulness. Notwithstanding the foregoing Roomai shall have the right in their sole discretion to refuse, edit, move or remove any such User Content, whether or not it violates these terms and conditions.

5.5. With respect to all User Content you elect to transmit to the Roomai WebPages, you grant Roomai the royalty-free, perpetual, irrevocable, non-exclusive licence (with the right to sublicense) to use, reproduce, modify, adapt, edit, publish, translate, create derivative works from, perform and display such User Content (in whole or part) throughout the world and / or to incorporate it in other works in any form, media or technology now known or later developed, for any purposes.

5.6. In the course of using the Roomai WebPages and / or participating in Roomai Activities or Roomai Surveys, you agree not to:

5.6.1. upload, post, link to, email or otherwise transmit any information that is unlawful in any way in the United Kingdom, or in the country in which you reside;

5.6.2. impersonate any person (whether living or dead) or entity;

5.6.3. manipulate identities in order to disguise the origin of any content transmitted through the Roomai WebPages or provided through participation in Roomai Activities or Roomai Surveys;

5.6.4. upload, post, link to, or otherwise transmit any information that you do not have a right to transmit;

5.6.5. upload, post, link to, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail", "chain letters", "phishing emails", "pyramid schemes", or any other form of solicitation;

5.6.6. upload, post, link to, email or otherwise transmit any material that contains software viruses or any other computer, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

5.6.7. collect or store personal data about other individuals; or

5.6.8. attempt to submit more than one vote per survey or do any other act that may affect the validity of any result obtained through any Roomai Activity or Roomai Survey.

Termination

If you no longer wish to be a Member please contact Roomai. Roomai will then cease to contact you, subject to a 30 day administration period. You therefore acknowledge and agree that if you terminate your membership you may receive emails from Roomai for a period of 30 days thereafter. In terminating membership, any accumulated Points will be forfeited.

You agree that Roomai, in its sole discretion, may terminate or suspend your Roomai Membership, or participation in any Roomai Activities or Roomai Surveys, or remove or discard any User Content, for any reason, including, without limitation, for lack of use, or if Roomai believed that you have violated or acted inconsistently with the letter or spirit of these Terms.

You agree that any termination of your access to Roomai Activities or Roomai Surveys under any provision of these Terms may be effected without notice, and acknowledge and agree that Roomai may immediately deactivate your registration as a Member and / or bar access to Roomai Activities and Roomai Surveys. Further, you agree that Roomai shall not be liable to you or any third-party for any termination of your access to the Roomai Activities or Roomai Surveys.

Roomai reserves the right to terminate the Roomai Survey, or Roomai WebPages at any time. In such a case and unless specified otherwise, no Roomai Account Points will be redeemable by any members with the exception of those who have reached fulfilment level referred to in section 3 above. Roomai will endeavour to communicate to all Members the termination period, however Roomai will not be liable for failure to notify any Member regardless of the reasons.

Indemnity

You hereby agree to indemnify and keep indemnified Roomai, its successors and assignees and each of its respective directors, officers, employees and agents from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from your use of the Roomai WebPages (including the provision of User Content) or your participation in the Roomai Activities or Roomai Surveys or resulting from any breach of this Agreement whether such breach is carried out by you or by any other person through your Survey Membership Profile or Roomai Account.

Third Party Websites

Links included within the Roomai WebPages may let you leave the Roomai WebPages and enter into other website(s) ("Linked Site(s)"). The Linked Sites are not under the control of Roomai and Roomai is not responsibility and nor shall it be liable for the contents of any Linked Sites or any links contained in a linked site or any changes or updates to such sites. Roomai is not responsible for webcasting or any other form of transmission received from any Linked Site. Roomai is only providing these links to you as a convenience and the inclusion of any link does not imply endorsement by Roomai of the site or any association with their operators.

Intellectual Property

All pages and content within the Roomai WebPages, including but not limited to, text, graphics, audio, video, photographs, software, inventions, surveys, logos or other materials are the intellectual property of, or are authorised for use by, Roomai and its licensors, business partners and affiliates, including all trade marks, service marks, copyrights, patents, database rights and trade secrets contained therein. The compilation, organisation and display of the content as well as all software and inventions used on and in connection with the Roomai WebPages are the exclusive property of Roomai. Except as expressly permitted in these terms and conditions, you may not modify, copy, reproduce, create derivative works, republish, display, upload, post, transmit or distribute in any way content available on this site without the prior written consent of Roomai.

General

All notices given by Roomai to Members will be sent to their designated email address provided by them during the Roomai Registration Process.

These Terms and the Roomai privacy policy constitute the entire agreement between you and Roomai and supersedes any prior agreements, arrangements, statements and understandings between Roomai and you.

A waiver by Roomai of any breach by you of any of the provisions of these Terms or the acquiescence of Roomai to any act (whether of commission or omission) which but for such acquiescence would be a breach as aforesaid shall not constitute a general waiver of such provision or of any subsequent act contrary thereto.

These Terms shall be governed by Thai Law and you agree to submit to the non-exclusive jurisdiction of the Thai Courts.
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