Application KHOOMKHA is managed by KHOOMKHA Center Co., Ltd. (hereinafter referred to individually and collectively as “we”, “us”, or “our”). The term “KHOOMKHA Center Co., Ltd.” includes KHOOMKHA and its relevant affiliates. By accessing and/or using the application, you acknowledge that you have read, understood, and agree to be bound by the terms of use outlined below and any other terms and conditions related to the application, including but not limited to confidential information and FAQs, which are essential parts of the terms of use (“Terms”).

1. Scope of Our Services

            1.1 We provide an online platform (“KHOOMKHA Platform”) as a medium for buying and selling products through the website and application. On the platform, users can view and trade goods and services, which include consumer products, steel and chemicals, construction materials, food, and other related services (“Services”). These offers are created by Sellers (“Seller,” “trader,” “manufacturer,” “Supplier”), who are operators providing goods and services under a Sales and Service Agreement. When you start purchasing, we act as an intermediary, coordinating between you and the Seller, transmitting your purchase information to the relevant Seller, and sending purchase confirmation via the application or email on behalf of that Seller.

            1.2 The information we provide is based on what we receive from the Seller (including but not limited to representatives, distributors, management companies, or operators who produce the products). Sellers are granted access to our system and extranet and are fully responsible for updating prices/fees, availability, policies, and other related information displayed on our platform. Although we use skill, expertise, and care in providing our services, we do not confirm or guarantee the accuracy, completeness, or correctness of all information and are not responsible for any errors (including manifest and typographical errors), interruptions (whether due to system outages, repairs, updates, or maintenance), inaccurate, misleading, or untrue information, or the failure to provide information by the Sellers. Each Seller remains responsible for the accuracy, completeness, and correctness of the information (including prices/fees, policies, and availability) displayed on our platform. Our platform does not provide and should not be construed as offering advice or endorsement of the quality, service level, or rating (stars) of any Seller (or any facilities, locations, vehicles, products, or services (main or supplementary) offered).

            1.3 We reserve the right to refuse any user or purchase (or cancel any purchase confirmation in certain cases) at our sole discretion, without providing any reasons. Reasons for refusing users, purchases, or purchase confirmations may include but are not limited to: violation of these terms, trade or economic sanctions by global or national authorities, shipping bans, regulatory prohibitions, fraud or theft (or indications or suspicions of fraud or theft), suspected criminal activity, questionable orders, service unavailability, suspension of services by partners, incorrect, erroneous or misleading information provided by users, communication or electronic transaction issues with credit cards, inappropriate behavior, threats, insults, refusal to provide information, practical obstacles, communication difficulties, actual errors (as described below), past violations of these terms, or being blacklisted or “watchlisted” by government or international organizations. If a purchase is refused or canceled by KHOOMKHA and payment has been made, KHOOMKHA will compensate the amount charged without additional fees. We may revoke or withdraw (“revoke”) a user’s application membership at any time, whether temporarily or permanently. Revoked users are not allowed to attempt to use the application under other names or through other users (which will be explained below in the fraud prevention mechanism).

            1.4 In certain cases, we may cancel or refuse purchases due to a “manifest error” regardless of the root cause. A manifest error is an error on the application (for example, in terms of pricing) that no reasonable person would consider to be reasonable or make business sense. Amounts charged will be refunded without additional fees in such cases.

2. Prices and Promotions

            2.1 All prices on KHOOMKHA are displayed as inclusive of all fees, service charges, VAT, and other taxes (if applicable).

            2.2 We may occasionally offer lower prices and/or promotional information. Please note that these prices may have different terms and conditions and may be subject to purchase and refund policies.

            2.3 Prices, promotions, fees, and services may change without prior notice.

3. Cancellations, Refunds, and No-Shows

            3.1 By making a purchase through the application, you accept and agree to the Seller’s cancellation, refund, and no-show policies, including any additional terms and conditions (services) of the Seller, which may be relevant to your purchase (including important information provided by the Seller on our platform). General cancellation, refund, and no-show policies of each Seller will be displayed on the product and service pages on our platform, during the purchase process, and in the purchase confirmation email.

            3.2 If there is a shortfall in the payment amount, KHOOMKHA may send an email notification to the user to cover the outstanding amount. If the user cancels the purchase before making the payment, KHOOMKHA has sole discretion in deciding whether to refund the amount already paid or after deducting any costs incurred by KHOOMKHA due to the user’s failure to pay the outstanding amount as per the process specified by KHOOMKHA. If users have any questions about the service, they can contact KHOOMKHA Customer Service (during customer service hours specified by KHOOMKHA). For other cancellations, KHOOMKHA will assist in processing a refund for the amount paid, which may include deduction of various fees such as interbank transfer fees. The refund time depends on your payment method. You can contact KHOOMKHA Customer Service for more information about the refund time.

            3.3 Please read the important information on the product and service pages for additional policies from the Seller that may apply (e.g., age restrictions, damage deposit, warranty, additional appendices/terms that cannot be canceled, postponed, or transferred, payment methods, and additional charges). In case of late payment, incorrect bank and debit or credit card details, invalid or insufficient funds, it is your responsibility, and you will not be entitled to a refund for non-refundable purchases.

4. Privacy

            KHOOMKHA respects privacy and values the confidentiality of your information. Please read our Privacy Policy for more details. Any data generated from using our application is considered granted to the company for any operations with such data with the user’s consent and does not constitute any wrongdoing in the use of such data for commercial or other purposes.

5. Ranking

            The default ranking of Sellers on our platform is “Our Top Picks” (or similar terms) (“Default Ranking”). For your convenience, we also offer other ways to rank Sellers. Please note that the default ranking is generated through an automatic ranking system (algorithm) based on multiple criteria, including the popularity of Sellers among our visitors, and past service data (number of purchases, cancellations, etc.), and the Visibility Booster system (paying more commission than agreed upon in exchange for better ranking or visibility). Seller commissions and the percentage of commissions are factored into the algorithm, which may influence the default ranking. We do not guarantee the accuracy of the rankings and are not responsible for any losses or liabilities related to the displayed rankings. We disclaim any claims, losses, or liabilities related to the rankings displayed in the application.

6. User Content Rights and User Reviews

            6.1 Upon completing a purchase, you agree to receive an email inviting you to review the Seller. You may choose to provide or withhold information. Review emails or SMS confirmations are not part of newsletters and promotional emails, which you can opt-out of (please see our Privacy Policy). For supplementary services, Sellers may invite you to write a review of the supplementary services they provide. User reviews (including attachments, if any) may be transferred to the service information page in the application for the purpose of informing future customers of your opinion about the (level of) service and quality. By posting a review and submitting associated content, such as images, you grant KHOOMKHA a full, perpetual, non-exclusive, transferable, and irrevocable right to all user content, including your name.

            6.2 In providing your review, you must ensure that: (a) You own and have control over the review content you provide to the application. (b) The review content is accurate and not misleading. (c) Any use or operation or transmission by the user is not proprietary.

            6.3 User-submitted content is not considered confidential, and KHOOMKHA is not obligated to treat it as proprietary information. KHOOMKHA reserves the right to edit, reject, or delete reviews at its discretion. Additionally, KHOOMKHA will not compensate or reward customers for providing reviews, which are considered surveys and should not contain offers, solicitations, or rewards (commercial). KHOOMKHA is not responsible for verifying ownership of your content and will not be liable for any third-party claims. KHOOMKHA will make every effort to review and remove reviews containing vulgar language, references to individuals, or mentions of stolen property.

7. Membership System

            7.1 When you register with KHOOMKHA, you can accumulate KHOOMKHA Points (in the future) through the membership system created by KHOOMKHA, which can be earned by participating in activities and/or making non-refundable purchases through the KHOOMKHA platform.

            7.2 KHOOMKHA Points cannot be redeemed for cash or other credits and will have no value until redeemed for rewards according to the terms and conditions of various programs.

            7.3 KHOOMKHA Points are valid for 1 year from the date of earning unless otherwise specified.

8. Dispute Resolution

            8.1 In the event of any disputes, you agree to contact KHOOMKHA Customer Service first to seek resolution before escalating the dispute to any legal or external authorities.

9. Limitation of Liability

            9.1 All content provided in this application is supplied to you on an “as is” and “as available” basis. KHOOMKHA makes no representations or warranties, either express or implied, regarding the merchantability of goods or services, the suitability of the products and services we offer for any specific purpose, or non-infringement as appropriate.

            9.2 We do not guarantee that: (a) the use of the application’s services and security features will be uninterrupted or error-free; (b) any errors or failures will be corrected; or (c) the application or server will be free from viruses, malware, or other harmful components.

            9.3 We do not warrant the accuracy, correctness, completeness, or quality of the content, application, or resources available on the application. This includes, but is not limited to, any warranties that the content, application, or resources are free from any harmful, inappropriate, or conflicting sources.

            9.4 Any media uploaded to our system (e.g., as part of providing a review) is solely the responsibility and risk of the individual uploading it. The person performing the upload is fully responsible, both legally and morally, for any legal claims made by third parties resulting from KHOOMKHA’s publication. KHOOMKHA does not own or sign off on the images/photos that are uploaded; the accuracy, authenticity, and rights to use all such images/photos are implicitly the responsibility of the uploader. This is outside of KHOOMKHA’s responsibility, and KHOOMKHA will not be liable for any posted images. The uploader must ensure that the images/photos are free from viruses, Trojans, or defects and that they are not obscene, illegal, defamatory, offensive, or inappropriate, and do not infringe on the rights of third parties (intellectual property, copyright, or privacy). Any images/photos that do not meet these criteria may be removed by KHOOMKHA at any time without prior notice.

10. Limitation of Liability

            To the extent permitted by law, under no circumstances shall KHOOMKHA, including its employees, directors, officers, agents, affiliates, subsidiaries, distributors, licensors, representatives, or any other persons involved in the creation, support, promotion, or execution of the application and its content (collectively referred to as “Related Parties”), be liable to any person or entity for any damages, such as personal injury or death. We shall not be responsible for any loss or damage, whether direct or indirect, arising from or related to the use of this application or the use of links within the application. This includes, but is not limited to, special, incidental, punitive, consequential damages, or other economic losses.

11. Intellectual Property Rights

            11.1 The “KHOOMKHA” trademark, including its various local language versions, is a registered trademark of KHOOMKHA and/or its affiliates. KHOOMKHA and/or its affiliates own intellectual property rights, including but not limited to domain names, applications, trademarks, content, copyrights, service marks, logos, symbols, and other designs. Nothing in this agreement shall be construed as granting you any license or rights, whether implied or otherwise, to use, possess, distribute, or modify any of KHOOMKHA’s intellectual property. Other company names and products mentioned on the application, including names, trademarks, service marks, logos, symbols, or designs, may belong to or be licensed for use by third parties. The use of third-party intellectual property on the application does not imply endorsement or sponsorship of the application by such third parties. KHOOMKHA owns the copyright to the application, and you are not authorized to use, possess, distribute, or modify any intellectual property without the explicit prior approval of KHOOMKHA.

            11.2 All intellectual property rights on this application belong to KHOOMKHA. All information and media, including but not limited to software, text, data, graphics, images, sounds, videos, trademarks, logos, icons, HTML code, and other codes on this application, as well as future videos, graphics, music, and sounds, are protected by copyright law. We and our licensors own the copyright and/or database rights to the selection, coordination, arrangement, and enhancement of such content, as well as the original content. If you violate these rights, KHOOMKHA reserves the right to pursue civil claims for full compensation related to the damage or loss incurred. Such violations may also constitute a criminal offense.

            11.3 Unless otherwise specified, the software used in the application for our services, or provided or operated therein, along with the intellectual property rights (including but not limited to trademarks, service marks, logos, designs, copyrights, etc.) in the content and information and items within the application, are owned by KHOOMKHA, its affiliates, or related companies, licensors, or suppliers of KHOOMKHA. KHOOMKHA is not responsible for any content, information, or items with copyrighted material provided by third parties or for any infringement of intellectual property rights by third parties.

            11.4 You may use the information in the application for personal use only and not for commercial purposes unless explicitly authorized under copyright law. You may not copy, reproduce, distribute, retransmit, publish, or commercially exploit any downloads you make from the application without permission from the owner of the intellectual property rights. Except as otherwise provided and expressly permitted by copyright law, even if you are authorized as required, you may not alter or delete anything. You hereby acknowledge and agree that downloading any intellectual property does not grant you any rights over these intellectual properties.

            11.5 We may provide hypertext links to other applications operated by third parties. By using such links, you acknowledge that you are leaving the application and proceeding at your own risk.

12. Copyright Infringement Claims

            12.1 If you, in good faith, believe that the content provided on this application infringes your copyright, you or your representative (“Claimant”) may send us a notice with the following information:

1. 1. The name and address of the Claimant.
   2. If the Claimant is not the copyright owner or exclusive licensee, provide the name and address of the copyright owner or exclusive licensee.
   3. If the Claimant does not reside in Thailand, the Claimant must provide a temporary address in Thailand and in the Bangkok area.
   4. The Claimant’s telephone number, fax number (if any), and email address.
   5. Sufficient details for us to identify the alleged infringing copyrighted work.
   6. Sufficient details for us to identify and locate the alleged infringing electronic copy, including the online location of the electronic copy.
   7. A statement specifying that the Claimant requests us to remove or disable access to the electronic copy.
   8. A statement that the Claimant believes, in good faith, that the electronic copy infringes the copyrighted work as specified in paragraph 5 above.
   9. A statement that the information in the notice is accurate.
   10. A statement that the Claimant is (a) the copyright owner or exclusive licensee of the work specified in paragraph 5 above, or (b) authorized to act on behalf of the owner or exclusive licensee.
   11. A statement that the Claimant has submitted the matter to a court with jurisdiction in Thailand for purposes of conducting proceedings under the copyright law of Thailand.

            12.2 The notice must be signed by the Claimant and sent by mail and email to the following address: 1000/5 Soi Sukhumvit 55 (Thonglor), Klongton Nuea, Wattana, Bangkok 10110 or to [email protected]

            12.3 We will review and act on notices that comply with the above requirements under the law.

            12.4 We recommend that you consult your legal advisor before submitting a notice to us. We also caution that you may be held liable for criminal offenses or damages if you falsely claim copyright infringement.

13. Governing Law and Jurisdiction
            These terms and conditions shall be governed by and interpreted in accordance with the laws of Thailand.

14. Third-Party Content and Links to Other Applications
            KHOOMKHA is not responsible for third-party content (including any purchases, activities, or information related to such activities) that may be available on the application, or content linked to or from the application. We or other third parties may upload automated search results or provide links to other applications. We allow third parties to submit, upload, send, or provide information, text, images, audio, graphics, videos, comments, or other media via this application. We do not monitor and/or control these applications, sources, and content. You acknowledge that we are not responsible for the content or availability of these applications and resources, and we do not endorse or take responsibility for the sources or content. If KHOOMKHA links to third-party applications, you use such applications at your own risk. You agree that we will not be liable for any costs, losses, or damages, whether direct or indirect, that arise from or are alleged to be connected with the use or reliance on any content, applications, or resources.

15. Miscellaneous

• • KHOOMKHA Center Co., Ltd. does not own, sell, distribute, or operate any goods or services (whether directly or indirectly, independently, or in collaboration with others). Sellers are responsible for providing sales services and other services to individuals who purchase products through the application as customers.
  • You agree to indemnify and hold KHOOMKHA Center Co., Ltd. harmless from any liability, damages, or losses, including legal fees and expenses, arising from any actions, omissions, or abandonment on your part. If you use the application on behalf of a third party (e.g., family members or colleagues), you are responsible for any inaccuracies in the information provided related to such use. Additionally, you must inform such third parties of the applicable terms and conditions. Each customer using the application on behalf of a third party agrees to indemnify and hold KHOOMKHA Center Co., Ltd. harmless from any liabilities, losses, damages, lawsuits, and claims (including dispute costs) arising from the failure of such third parties or users to fulfill their obligations stated herein.
  • At all times, you will be bound by the local laws and regulations. What may be legal in one country could be illegal in another. You should inquire about the existing restrictions.
  • These terms and conditions are written in Thai. Any translation into another language is for convenience and informational purposes only. In case of any conflict between the Thai version and any translated version, the Thai version shall prevail. The headings in this agreement are inserted for convenience only and shall not affect the interpretation or construction of these terms.
  • These terms of use are severable. If any provision is found to be unenforceable or invalid, such provision shall be enforced to the fullest extent permitted by applicable law, and the invalidity of such provision shall not affect the validity and enforceability of the remaining provisions. The unenforceable or invalid provision shall be replaced by a provision that closely matches the original language and intent of the original provision.
  • KHOOMKHA Center Co., Ltd. reserves the right, at its sole discretion, to temporarily or permanently modify, suspend, or terminate the application and/or any part of the application, including any services or products available through the application, and/or your use of the application or any part of the application, within the limits permitted by applicable law. In the event of termination of the application, purchases made through KHOOMKHA will remain in effect unless otherwise notified by us. You will remain bound by the terms of use, including warranties and disclaimers, as well as limitations of liability. Furthermore, KHOOMKHA Center Co., Ltd. will not be liable to you or any other party for terminating your access to the application. KHOOMKHA Center Co., Ltd. reserves the right to amend or cancel the terms of use (or any part thereof) as it deems appropriate. Sellers have the right to modify offers, which are beyond the control of KHOOMKHA Center Co., Ltd.
  • For the avoidance of doubt, the terms of use do not apply to contractual business relationships that KHOOMKHA Center Co., Ltd. may have with others, including but not limited to Sellers and certain marketing partners.
  • When using our services, you agree that we may have to comply with additional terms of service provided by our Sellers, which may apply to certain services.
  • The company’s failure to enforce any rights shall not be considered a waiver of such rights. You may not transfer your rights to any other party. We may amend the terms of use at any time by posting the revised terms on the application. The latest version of the terms of use will supersede all previous versions.

16. Force Majeure

• • KHOOMKHA shall not be liable for any failure to perform or breach of these terms, such as transaction failures, restricted access to the application, or any damage or harm caused to users due to actions or conditions beyond your or our reasonable control (“Force Majeure Events”). Force Majeure Events include, but are not limited to, natural disasters (floods, earthquakes), pandemics, riots, declarations of war, wars, military actions, terrorism, embargoes, sanctions, changes in laws or regulations, lightning, hurricanes/typhoons/cyclones, labor strikes, protests, bankruptcy, or insolvency of Sellers, and other similar events.
  • KHOOMKHA shall not be responsible for any damage or loss incurred by any party if KHOOMKHA is unable to process your order due to a Force Majeure Event.

17. About KHOOMKHA – Frequently Asked Questions

• • If you have any additional questions or inquiries, please refer to our Frequently Asked Questions (FAQ) section.