Terms and Conditions of AEON THAI MOBILE Application and AEON Online Service
1. General Information of the Service
AEON THAI MOBILE Application and AEON Online Service (collectively the "Online Service") are online services for the customer of AEON Thana Sinsap (Thailand) Public Company Limited ("AEONTS") to verify account information as well as execute transactions via application of AEONTS on mobile phone and tablet ("Application") or website of AEONTS ("Website").
2. Agreement on Service Usage
In using the Online Service, the customer hereby acknowledges, agrees and accepts as follows:
2.1 The customer agrees to abide by and be liable to AEONTS under the terms and conditions prescribed herein, on Application and Website including the terms and conditions to be further prescribed or amended by AEONTS as it deems appropriate, which shall form part of these terms and conditions.
2.2 The customer agrees that any transaction made via the Online Service by using credit card, credit card number, credit card account number, member card, member card number, member card account number, agreement number, ID card number and personal identification, application, agreement, consent, and execution of the transaction via electronic data, including but not limited to the voice record, biometric data and any other data processed in electronic means together with personal identification number (PIN), password, one-time password (OTP), QR code scanning via the Application, passwords or customer identifications specified or issued by AEONTS, or determined by the customer(collectively "Password") shall be deemed as affixing signature and/or electronic signature on the transaction agreement by the customer which are legally binding in an identical manner to affixing physical signature on the agreement and can be cited as evidence of applying, agreeing, consenting, executing transaction, and receiving cash from AEONTS, as the case may be, and also as basis for taking legal actions with respect to the transaction.
2.3 AEONTS reserves the right to provide all or some features of the Online Service during the service hours announced on Website or Application. The Online Service’s features available on Website and Application may be different. AEONTS may consider to configure, remove or add any features at any time as it deems appropriate.
2.4 The customer agrees and acknowledges that AEONTS may not be able to provide the Online Service in the event of breakdown, malfunction, improvement or reparation of the computer system, component, telecommunication system and relevant network system or any force majeure events.
2.5 AEONTS reserves the right to suspend or stop the Online Service temporarily or permanently at any time with notice to the customer as necessary or on reasonable basis.
3. Duties and Responsibilities of the Customer
For security in using the Online Service, the customer agrees to and acknowledges the following duties and responsibilities:
3.1 To ensure that the computer terminal, equipment and other electronic communication devices, connection to internet network and/or web browser used to access the Online Service have adequate capacity and have been installed with protection against computer viruses, malwares and any other deceptive programs designed to destroy or restrict accession to data and other threats, as well as meet the standard specifications set by AEONTS.
3.2 To be careful in accessing to and filling out information concerning credit card, member card, personal information and other information of the customer while logging in the Online Service and executing online transaction.
3.3 To protect and keep confidential personal information and any other information of the customer including the Username, Password, PIN and OTP as assigned to the customer by AEONTS and those determined by the customer afterwards. In this regard, the customer agrees and acknowledges that it is AEONTS’s policy to NOT ASK the Username, Password, PIN and OTP from the customer in all cases.
3.4 To control and keep the computer terminal, equipment and /or other electronic communication devices in safe and secured place while logging in Online Service and to log off the Online Service every time immediately after use.
3.5 In the event that the customer accesses to the Online Service using shared computers, shared electronic communication devices and/or public internet network, the customer agrees to be responsible for all damages incurred by the customer, AEONTS and any other person should there be any unauthorized access to the Online Service or any transaction being executed through the Online Service, or personal information of the customer or other AEONTS’s customers being revealed, leaked or hacked. In this regard, AEONTS reserves the right to suspend the Online Service immediately , whether in whole or in part, for so long as and in the event that the customer accesses to the Online Service in such manner or through such or other connection AEONTS deems unsecured.
3.6 If the Username, Password or PIN of the customer is lost, stolen or if the customer suspects that other person may know or be able to guess them, the customer shall promptly change the Username, Password and/or PIN by the method as prescribed by AEONTS. It shall be sole responsibility of the customer to do so. Failure to do so will result in liability to the customer for all transactions and all losses and damages occurred.
3.7 In the event of error while using or transacting via the Online Service, the customer shall inform AEONTS in writing within 7 days from the date of such error, otherwise it shall be deemed that the transaction executed is correct and valid.
In reporting error, the customer shall prepare and send to AEONTS a letter informing at least the following details:
3.7.1 Date and time of the transaction;
3.7.2 Location of the computer terminal, equipment or the electronic communication devices used and type of internet network connection;
3.7.3 16-digit number of credit card or member card, name, surname and contactable telephone number of the customer;
3.7.4 Type of transaction; and
3.7.5 Description of the error and reference code (if any)
4. Protection of Customer Security
AEONTS reserves the right to suspend the Online Service if repeatedly entered wrong Username, Password, PIN and/or OTP over the number of times allowed by AEONTS. In such case, transaction on process shall be immediately cancelled and the customer shall not be able to claim for any damages which may arise therefrom. To resume the Online Service, the customer can contact our Contact Center at 02-665-0123 during working days and hours.
5. No Warranty
The information and materials displayed in Application and Website, including text, graphics, links or other items are provided on "as is" and "as available" basis. AEONTS does not warrant the accuracy, adequacy or completeness of the information and materials, and expressly disclaims liability for errors or omissions in providing information and materials. No warranty of any kind, implied, expressed or statutory including but not limited to the warranties of non-infringement of third party rights and title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction therewith.
6. Exemption of Liability
In no event shall AEONTS be liable for any losses, damages including without limitation direct, indirect, special, incidental or consequential damages or difficulties incurred by the customer from using or transacting via the Online Service including in the following cases:
6.1 The customer discloses his/her Username, Password, PIN and/or OTP to other person so as to allow such other person to login and execute transactions on his/her behalf, including to use the Online Service for any illegal purposes.
6.2 Any cause attributable to deliberate act or negligence on the part of the customer.
6.3 Non-compliance by the customer with the terms and conditions of the Online Service including manuals and guidelines for using the Online Service issued by AEONTS, or any applicable laws and regulations.
6.4 Any error occurred from change or cancellation of the instruction and/or information transmitted to the Online Service or failure of performance, error, omission, interruption, defect, delay in operation or transmission of the system and/or web browser and/or the internet service provider or telephone network provider of the customer or AEONTS.
6.5 Cyber intrusion and/or attack by any person or group of person on any hardware, software and/or components relating to the Online Service, including release of program that may be harmful to system such as Virus, Trojan Horses and Worms which may affect the operation of the Online Service.
6.6 Damage and/or inability to use the system, program and/or equipment for using the Online Service whether it be of AEONTS or other person, including but not limited to damage and/or error of the system, program, computer server system, electricity supply system, telecommunication devices, electricity devices, telephone line and/or telecommunication network system and/or any part of electronic system occurs.
6.7 Any loss of data in the course of transmission whether via the Online Service system or other system of AEONTS or other system of the customer or internet service provider.
6.8 Any damage caused by fire, earthquake, flood, accidents, riots, protests, civil disturbances, war, closure of business or strikes, disruption of electricity or services provided by the internet service provider, or other force majeure beyond the control of AEONTS making the Online Service not available.
6.9 In those cases under clauses 6.1 – 6.3, the customer agrees to be responsible for any and all damages suffered by AEONTS and any other persons.
7. Service Fees
The customer agrees to pay service fees, charges and other expenses for the Online Service usage at the rates prescribed by AEONTS (at present, the Online Service is provided free-of-charge).
8. Personal Information
8.1 The customer agrees to confer upon AEONTS the right to collect, use, disclose, and otherwise process information including personal information of the customer, service history, communication log, log file and voice record for the purpose of providing the Online Service, conducting KYC, verifying and processing the customer’s application and request, checking, and such other purposes as necessary and appropriate for rendering the Online Service by AEONTS.
AEONTS may contact the customer via mobile phone number, SMS, Application, address or email last given or informed to AEONTS for the purpose of providing the Online Service and other related services of AEONTS.
10. Service Cancellation
10.1 AEONTS has the right to cancel the Online Service without notifying the customer in the following events:
(1) the customer has not logged in the Online Service for more than 1 year from the subscription date or from the date last logged in.
(2) the customer breaches any terms and conditions of the Online Service including failure to pay service fee, charges or expenses in relation to any services of AEONTS for whatsoever reasons.
(3) information given by the customer, including customer’s personal information is untrue, false or inaccurate, or the use of the Online Service of Customer is or tends to be harmful to the Online Service system or is for fraudulent, wrongful or illegal purpose.
(4) the customer commits identity fraud or has falsified information of other person or used information of other person to apply the Online Service, regardless of whether such other person knows, allows or conspires with the customer.
(5) all products and services used by the customers are cancelled or the customer passes away.
10.2 AEONTS has the right to cancel any features of the Online Service without prior notice.
10.3 The customer may cancel the Online Service by notifying AEONTS in the prescribed manner. Upon cancellation, any transaction in process shall be cancelled immediately.
11. Other Conditions
11.1 If any terms and conditions contained herein is invalid, contrary to law or becomes unenforceable, the invalidity, contradiction and unenforceability of such part shall not affect or prejudice the validity and enforceability of the remaining terms and conditions.
11.2 In the course of the Online Service usage, if there is any agreement on supplementary service of any kind between AEONTS and the customer, the customer agrees that the supplementary service shall be part of the Online Service. These terms and conditions shall be applied to the Online Service and terms and conditions of the supplementary service shall be regarded as additional terms and conditions and form part of these terms and conditions. In case of conflict, these terms and conditions shall prevail with respect to the Online Service and the terms and conditions for supplementary service shall prevail with respect to the supplementary service.
11.3 The customer may capture the screen or print out the transaction confirmation page for his/her own record.
11.4 In case these terms and conditions differ from the terms and conditions of other services provided by AEONTS, these terms and conditions shall be prevailed for the Online Service only.
11.5 No delay, omission or waiver of exercising any rights or remedies as conferred by laws and these terms and conditions by AEONTS shall impair such rights or remedies or constitute a waiver thereof, nor shall any single or partial delay, omission or waiver of exercising of such rights or remedies preclude any other or further exercise thereof or the exercise of any other rights or remedies or be regarded as waiver or consent by AEONTS for the customer to proceed with any actions.
11.6 The customer and AEONTS agree that these terms and conditions shall be subject to and be interpreted in accordance with and governed by the laws of Thailand and that Thai court shall have exclusive jurisdiction over disputes arisen from the Online Service and its supplementary services.
Terms and Conditions of PAYNOW Service
1. PAYNOW service is a supplementary service of the Online Service which enables the customer to make payment for AEONTS payment advice and other types of payment AEONTS may serve in the future. PAYNOW service is accessible via Application only.
2. Payment through PAYNOW service is made by debiting the customer’s bank account opened with the prescribed commercial banks (the "Bank") through payment channel of the Bank such as mobile banking, online direct debit or such other payment channel to be determined by AEONTS. The customer who wishes to use PAYNOW service must have a bank account with the Bank and must have applied for mobile banking or direct debit service for such account. Maximum payment limit per time and per day and service fees shall be as announced and charged by the Bank.
3. Customer hereby agrees and acknowledges that confirmation of any payment instruction on PAYNOW service in the manner prescribed by AEONTS shall be regarded as the customer’s expression of intention to debit his/her bank account. Upon receipt of the customer’s payment instruction, AEONTS shall send the payment instruction to the Bank and the customer shall afterwards confirm the payment instruction with the Bank in the manner so prescribed for the transaction to be completed.
In case the remaining balance in the bank account is less than the amount of payment the customer wishes to make, the Bank shall have the sole right to decide whether to proceed for partial payment or not proceed the payment at all.
In such case, the customer must inquire to the Bank directly.
4. AEONTS shall not be responsible for any damages suffered by the customer or other person from using PAYNOW service which are caused by errors or mistakes from payment instruction of the customer or the customer’s device, communication or internet network, the Bank, external service provider or other person, insufficient account balance and other causes beyond control of AEONTS.
5. Unless stated otherwise, terms and conditions of Online Service shall apply to PAYNOW service to the extent not contradictory to the terms and conditions of PAYNOW service.
Terms and Conditions of Payment Allocation Service
1. Payment Allocation service is a supplementary service of the Online Service which enables the customer to allocate his/her unidentified or incorrectly identified payment made to AEONTS. Payment Allocation service is accessible via Application only.
2. Once AEONTS has found unidentified payment, AEONTS will send an alert to the customer via Application to allocate such payment through Payment Allocation Service.
3. Customer hereby agrees and acknowledges that allocation of payment by the customer via Payment Allocation service shall be regarded as the customer’s expressing intention to make payment according to the allocation he/she has made. In the event that customer does not allocate the payment or allocates incorrectly or only partially by the time specified by AEONTS, AEONTS shall allocate payment for the customer in accordance with AEONTS’s criteria.
4. AEONTS may suspend Payment Allocation service temporarily during the account closing period of AEONTS in each month or after AEONTS has already allocated the customer’s payment or in other events AEONTS deems appropriate.
5. AEONTS reserves the right to suspend the Payment Allocation service in case the customer has not logged in the Application for more than 4 consecutive months or in other cases AEONTS deems appropriate.
6. Unless stated otherwise, terms and conditions of Online Service shall apply to Payment Allocation service to the extent not contradictory to the terms and conditions of Payment Allocation service.
Terms and Conditions of Cardless Cashing Service
1. Customer hereby agrees to execute the Cardless Cashing transaction according to the methods, procedures and within the period of time specified by AEONTS via AEON THAI MOBILE Application or such other electronic channels and receive cashing amount at the ATM of AEONTS, the bank or other service provider designated by AEONTS.
2. Customer can do cashing not exceeding daily cashing limit and the maximum number of permitted transactions per day as determined by AEONTS.
3. Customer hereby agrees that Customer’s execution of Cardless Cashing transaction and receipt of cashing amount from AEONTS shall be considered as a valid and correct cashing transaction which has the same legal effect as the use of member card together with PIN to execute cashing transaction.
4. Customer can cancel the Cardless Cashing transaction by the methods and procedures determined by AEONTS.
In addition, should the customer not withdraw the cashing amount within the prescribed period, that particular cashing transaction will be automatically canceled.
5. Customer hereby agrees to pay service fees, charges and other expenses incurred from using the Cardless Cashing Service including cash withdrawal fee charged by the bank or other service provider.
6. Unless stated otherwise, terms and conditions of Online Service shall apply to Cardless Cashing Service to the extent not contradictory to the terms and conditions of Cardless Cashing Service.