Terms And Condition

Welcome to the Pro Hub (the "Pro Hub"), an application provided by The Up Rank Company Limited (collectively referred to as "we" or "us" or "our"). These Terms and Conditions (the "Terms") set forth conditions relating to the use of the Pro Hub and form a legal binding relationship between you and us. Your use of the Pro Hub is also subject to our Privacy Policy as well as other applicable terms and policies for the Pro Hub.

Please read the Terms carefully and make sure that you understand them before using the Pro Hub. By accessing or using the Pro Hub, you agree to the terms and conditions set forth in the Terms and you agree to comply with them. If you do not agree to the Terms, please do not access or use the Pro Hub. We may amend the Terms from time to time. We will use commercially reasonable efforts to notify of any material changes to the Terms. Your continued access or use of the Pro Hub after the changes constitute your acceptance of the amended Terms. If you do not agree to the amended Terms, you must stop accessing or using the Pro Hub.

1. General Provisions

The Pro Hub is currently available for you on Android and iOS, where you can access and use the Pro Hub via your mobile device. We may update the Pro Hub and change the requirements for both Android and iOS, and for any additional systems that we decide to extend the availability of the Pro Hub, from time to time. You will need to download the updates if you want to keep using the Pro Hub. We will not warrant that we will always update the Pro Hub so that it is relevant to you and/or works with the Android and iOS version that you have installed on your device. It is your responsibility to ensure that the device you are using is compatible with the Pro Hub. However, you will always accept updates to the Pro Hub when offered to you.

When using the Pro Hub, you will be responsible for any such charges, including roaming data charges if you use the Pro Hub outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you are using the Pro Hub, we assume that you have received permission from the bill payer for using the Pro Hub. We are not responsible for the Pro Hub if it is not working at full functionality when you do not have access to Wi-Fi and you have used all of your data allowance. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the Pro Hub, or other third party charges.

We may stop providing the Pro Hub and may terminate use of it at any time. In doing so, we will use reasonable efforts to notify you of such termination through the Pro Hub or other channels as appropriate subject to our determination, and will allow a reasonable wind-down period before such termination. Unless we inform you otherwise, upon termination, you must stop using the Pro Hub, and (if needed) delete it from your device.

2. Your Account

To access or use certain features of the Pro Hub, you must create an account with us. When you create an account with us, you must provide us with the accurate and complete information. You are responsible for maintaining and keeping your information up to date. You can edit your account information by accessing the "Account Setting" function within the Pro Hub.

You are responsible for keeping your account information and password or any other relevant information confidential and not disclosing your account information and password to any third party. You are solely responsible for the activities occur under your account. If you know or suspect that anyone other than yourself knows your account information and password, you must immediately change your password. Notwithstanding the foregoing, you agree to be bound by all the activities carried out through your account.

We reserve the right to terminate or suspend your account at any time with or without prior notice to you, at our sole discretion.

3. Your Use of the Pro Hub

Your access to and use of the Pro Hub is subject to the Terms and all applicable laws and regulations. You must not:

• use the Pro Hub in any way that causes, or may cause, damage to the Pro Hub or other users or impairment of the availability or accessibility of the Pro Hub;
• make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Pro Hub or any content therein or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Pro Hub;
• use the Pro Hub in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
• use the Pro Hub by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Pro Hub, the server on which the Pro Hub is stored or any server, computer or database connected to the Pro Hub;
• conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Pro Hub without our prior express written consent;
• impersonate any person or entity, or falsely state or otherwise misrepresent yourself with any person or entity;
• use the Pro Hub to transmit or send unsolicited commercial communications.

4. Your Privacy Rights

Please review our Privacy Policy to understand how we collect, use, and disclose your personal data regarding the use of the Pro Hub.

5. What is the Pro Hub?

The Pro Hub is an application which allows you to:

• Browse the entertainment related content and obtain the latest entertainment information in relation to the movie entitled "The Pro Hub";
• Purchase the electronic vouchers which are available on the Pro Hub (the "Coin"). Please refer to 6. How to Use the Coin? to learn more about the details of the Coin.

6. How to Use the Coin?

• You may purchase the Coin within the Pro Hub by using the authorized payment methods.
• The Price of the Coin or the relevant bundle will be displayed at the point of purchase in the Pro Hub. You will be responsible for the payment of any Coin purchased by you. Once your purchase has been completed, your purchased Coin will be available in your wallet.
• After purchasing the Coin, you will be entitled to use or redeem the Coin on the Pro Hub for benefits and privileges in accordance with the Coin or the bundle you purchased, subject to the terms and conditions of each Coin. We reserve the right to change the terms and conditions of the Coin at any time without prior notice
• You can see the available Coin and the used or expired Coin by checking your wallet.
• Each Coin has specific terms and conditions which will be presented to you on the Pro Hub. Please carefully check such specific terms and conditions to ensure you fully understand the terms and conditions for using each Coin.
• The Coin is valid up to the expiry date as prescribed in the terms and conditions of each Coin. You must redeem or use the Coin within the prescribed period. If the Coin is not used within the prescribed period, the Coin will be expired and can no longer be used or redeemed and may not be changed into cash or any other remuneration.
• After the Coin is used or redeemed in accordance with the relevant terms and conditions, such Coin may not be transferred, reused or used for any other purposes.
• The available Coin is transferable. You may transfer the available Coin to other user who has an active account with us.
• he Coin cannot be cancelled, exchanged, changed into cash, compensated, or exchanged with any other thing, unless otherwise specified by us on a case by case basis.
• The Coin will expire automatically upon termination of user's account for any reason.
• The Coin offered by third party (the "Third Party Coin") may also be available on the Pro Hub. We suggest that you carefully read the prescribed terms and conditions of each Third Party Coin. We shall not be responsible for any loss or damage suffered by you as a result of the use or redeem of such Third Party Coin which is not a result of our fault.
• We, our affiliates, officers, employees, directors, agents, contractors and assigns shall not be liable to you for: (i) unauthorized or unlawful use of the Coin; (ii) the delay or error occurred during the use of the Coin due to the events outside our control (including force majeure events); and (iii) any loss, defect, or damage not resulting from our fault.

7. Our Intellectual Property Rights

We are the owner or the licensee of all rights in and to the Pro Hub, including all intellectual property rights and all technical infrastructure relating to it (including any updates and customizations). For the avoidance of doubt, the intellectual property rights include but not limited to trademarks, trade names, copyrights, goodwill, designs, patents, logos, symbols, slogans, know-how, trade secrets, codes, software, technology, and programs. All such rights are reserved by us. No intellectual property rights in or related to the Pro Hub are assigned or licensed to you.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Pro Hub and all intellectual property rights related thereto for any purpose except as expressly permitted in the Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us, except for the licenses and rights expressly granted in the Terms.

8. Indemnity

You agree to indemnify and hold harmless us, our affiliates, officers, employees, directors, agents, contractors and assigns against any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your account of the Terms or arising out of a breach of your obligations, representation and warranties under the Terms.

9. Limitation of Liability

The Pro Hub is provided on "as is" and "as available" basis. We do not represent or warrant that the Pro Hub or any content therein will meet your requirements, always be available or uninterrupted, accurate, complete or up-to-date.

Nothing in the Terms shall exclude or limit our liability for losses which may not be lawfully excluded or limited by applicable law. Notwithstanding the foregoing, and except for any loss or damage is incurred by you as a result of our willful misconduct or negligence, we, our affiliates, officers, employees, directors, agents, contractors and assigns shall not be liable to you for:

• (i) any loss of profit, whether incurred directly or indirectly, any loss of goodwill, any loss of opportunity, any loss of anticipated savings, any loss of data suffered by you, or any indirect or consequential losses which may be incurred by you;
• (ii) any loss or damage which may be incurred by you as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Pro Hub; and
• (iii) any loss or damage which may be incurred by you as a result of your failure to provide us with accurate account information or your failure to keep your password or account details secure and confidential.

We will not be liable for any loss or damage caused by a virus or other technologically harmful material that may infect your device, data or other proprietary material due to your use of the Pro Hub or to your downloading of any content on it, or on any website linked to it.

The Pro Hub may contain links to other platforms, websites or content that are owned or controlled by third parties. We have no control and assume no responsibility for such third party platforms, websites, or content linked on the Pro Hub. Those links are not endorsed by us. We will not be liable for any loss or damage that may arise from your use of them. By using the Pro Hub, you agree that your access to or use of such linked platforms, websites or content is entirely at your own risk.

10. Links to External Websites

Links may be available on the Pro Hub to connect with external websites, which are administered by third parties and may not be related to us, and in which we have no involvement, nor has it verified their accuracy. we holds no liability for any damage that may arise from the content on, or defaults on agreements with, the external websites that are connected with the Pro Hub. Therefore, it is your responsibility to read the terms and conditions of those websites before you use those services. If you find an illegal or inappropriate content on the Pro Hub, please notify to us via the address, phone number, and email provided, for suspending or removing such content from the Pro Hub accordingly.

11. Miscellaneous

Security. We do not guarantee that the Pro Hub will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access the Pro Hub. You should use your own virus protection software.

Assignment. We are entitled to assign our rights and obligations under the Terms to any third party at our sole discretion, and you agree to consent and provide all necessary assistance and support, including all necessary documents processed upon our request. You may not assign your rights or obligations under the Terms to any party without our prior written consent.

No partnership. Nothing in the Terms shall be deemed to constitute either party a partner, joint venture agent or legal representative of the other party, or to create any fiduciary, employer-employee relationship between you and us.

Force Majeure. We shall not be liable for non-performance, error, interruption or delay in the performance of our obligations under the Terms if this is due, in whole or in part, directly or indirectly, to an event or failure which is beyond our reasonable control, including but not limited to natural disaster, the novel Coronavirus or COVID-19, epidemics, mutated epidemics, pandemics, quarantine, and activities in accordance with any order of any government agency.

No Waiver. Our failure to insist upon or enforce any provision of the Terms shall not be construed as a waiver of any provision or right.

Severability. In the event that any one or more of the provisions contained in the Terms is invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of the Terms. Governing law. The Terms are governed by and construed in accordance with the laws of Thailand. Choice of Forum. Any judicial proceeding as a result of a dispute or controversy arising out of or related to the Terms shall be commenced in courts located within Thailand.

12. Contact Us

If you have any comments or questions concerning the Terms, please do not hesitate to contact us at: The Up Rank Company Limited

Address : 333/4 Ratchadaniwet Village Soi. 19 Pracha Uthit Rd. Sam Sen Nok, Huai Khwang, Bangkok 10310

Line: @theuprank

Email : kogclub.info@kogclub.com