Terms of Service and Privacy Policy

The Terms of Service set forth herein (hereinafter referred to as the "Agreement") is an agreement between the developer, WinNine Pacific Pty Ltd. (hereinafter referred to as the "Service Provider"), and the customer (hereinafter referred to as the "Service User"). This governs the use of all or part of the application (hereinafter referred to as the "Service").

Use of the Service constitutes acceptance of this Agreement. Please read carefully.

1. Acceptance of Terms and Conditions

1.1 All Service Users must use the Service in accordance with the conditions specified in this Terms of Service Agreement. Users may not use the Service unless they agree to the Terms of Service. Such agreement is valid and irrevocable.

1.2 By using the Service, the Service User is deemed to have fully consented to the Terms of Service. This agreement is effective immediately and is irrevocable.

2. Changes to Terms and Conditions The Service Provider may amend any additional terms and conditions applicable to the Service as the Service Provider deems appropriate, or to comply with changes in the law or changes in the Service Provider's services, without prior notice to the Service User. Therefore, Service Users should review these terms and conditions regularly when using the Service. Modifications will take effect immediately, and the Service User will be deemed to have consented to the modified agreement. If the Service User does not accept the modified terms and conditions of the Service, the user should stop using the Service immediately.

3. Account

3.1 The Service User agrees to provide true, current, accurate, and complete information according to the member registration process for the Service. If the Service User provides false, inaccurate, outdated, or incomplete information, or if the Service Provider has reasonable grounds to suspect that such information is false, inaccurate, outdated, or incomplete, the Service Provider has the right to suspend or terminate the Service User's account.

3.2 The Service User understands that they are solely responsible for their use of the account. The Service Provider shall not be responsible for any loss, theft, or damage that may occur.

3.3 The Service Provider reserves the right to determine the display name of the Service Provider's account. Names using words that imply the Service Provider, the Service team, or modified words that convey inappropriate meanings are not permitted. The Service Provider has the right to suspend or terminate the Service User's account without prior notice.

3.4 The Service Provider may suspend or delete the Service User's account without prior notice if the Service Provider believes that the Service User will violate or infringe upon the terms and conditions.

3.5 The Service Provider reserves the right to delete accounts that have been inactive for a period of more than 1 year from the last usage date without prior notice to the Service User.

3.6 The Service User's right to use the Service expires when the Service User's account is deleted, for whatever reason, and the account cannot be restored.

3.7 Service Users may not transfer, lend, or sell their account to any third party.

4. Privacy The Service Provider promises to protect the privacy and personal information of the Service User in accordance with the Privacy Policy.

5. Restrictions (Content)

5.1 Definitions:

"Content" means data such as text, audio files, music, images, videos, files, URLs, software, programs, and/or codes accessible through the use of the Service.
"Consented Content" means content that the user has commented, posted, published, transmitted, uploaded, or recorded on servers managed by the Service Provider.

5.2 The Service User shall be responsible for the content that the Service User posts, creates, or publishes on or through the Service, sends via email, or transmits to other Service Users or third parties, whether posted or published publicly or sent privately. The Service/Application acts only as a repository for Service User content. The Service/Application does not guarantee the accuracy, integrity, quality, or legality of such content, and does not guarantee against delays, interruptions, or errors in communication with other Service Users.

5.3 Service Users must not use content beyond the scope of the intended purpose of the content within the Service (including, but not limited to, copying, transmitting, reproducing, or modifying).

5.4 The Service Provider reserves the right to inspect the details of the content when the Service Provider believes that such content may violate the law or the terms and conditions. However, the Service Provider is not obligated to conduct such inspections.

5.5 In the event that the Service Provider believes that a user has violated or may violate the law or provisions in the terms and conditions related to Consented Content, the Service Provider reserves the right to restrict the Service User's usage and the Consented Content in certain ways, such as deleting comments or content, without prior notice to the Service User.

6. Prohibitions When using the Service, the Service User must not be involved in and warrants not to commit the following acts:

6.1 Acts that violate laws, court judgments, resolutions or orders, or administrative measures that are legally binding.

6.2 Acts contrary to public order or good morals (including consenting to, declaring, disclosing, or transmitting expressions that cause discomfort to others, including violence, sexual expression, or anti-social content).

6.3 Acts related to religious activities or solicitation to join a religion. 6.4 Acts that infringe upon copyrights or intellectual property, such as copyrights, trademarks, patents, reputation, privacy, and other legal rights of the Company and/or third parties.

6.5 Acts leading to the misrepresentation of the Company and/or third parties, or intentional dissemination of false information.

6.6 Acts using the Service for commercial benefits without prior consent from the Service Provider.

6.7 Using the Service for meetings related to sex or using the Service for purposes other than the true purpose of the Service.

6.8 Posting explicit sexual content, inappropriate images, or unauthorized images, including using insulting, rude, threatening, harassing, attacking, or defamatory messages towards other Service Users.

6.9 Sending posts or images that are violent, disgusting, sexually suggestive, obscene, or inappropriate acts.

6.10 Acts of intimidation, slander, attack, defamation, or harassment of other users leading to the discomfort of others.

6.11 Acts using sexual language or sexual images directed to or from minors.

6.12 Sending repetitive messages in large quantities or any act considered as spam. 6.13 Acts for sales, marketing, advertising, or commercial solicitation (except those approved by the Service Provider).

6.14 Forgery, impersonation of others, or falsification of user accounts.

6.15 Acts benefiting or cooperating with anti-social groups.

6.16 Acts leading to the collection, disclosure, or provision of users' personal information, registered information, or usage history without permission from both the Service Provider and the Service User.

6.17 Acts that interfere with the operation of the server and/or the service network, violating rules by using bots, or using cheat tools or other techniques that intentionally exploit defects in the service.

6.18 Acts that interfere with the Service Provider's operation of the Service or the usage of Service Users.

6.19 Acts that encourage acts under clauses 6.1-6.18.

6.20 Other acts that the Service Provider deems inappropriate.

7. Advertising The Service Provider reserves the right to provide advertisements for the Service Provider or third parties to the Service User through the Service.

8. Business Partner Services Content or other services offered by business partners cooperating with the Service Provider may be included in the Service. Business partners are responsible for such content and/or all services offered. Furthermore, such content and services may be governed by the specific terms and conditions of the business partner.

9. Indemnification to the Service Provider In the event that the Service Provider suffers loss or damage or incurs expenses (including but not limited to attorney's fees), whether directly or indirectly (including but not limited to cases where the Service Provider is claimed for damages by a third party), due to the Service User violating relevant laws or terms and conditions while using the Service, the Service User must immediately pay compensation to the Service Provider upon demand.

10. Modification and Termination of Service Usage

10.1 The Service Provider reserves the right to limit the right to use the Service, such as current membership status, age, and other identification.

10.2 The Service Provider reserves the right to provide advertisements of the Service Provider or third parties via the Service.

10.3 The Service Provider reserves the right to modify, temporarily cancel, or terminate the Service at any time, whether in part or in whole, without prior notice to the Service User. The Service Provider shall not be liable to the Service User and/or third parties for any modification, cancellation, or termination of the Service.

10.4 The Service Provider does not guarantee that the Service (including content) will be free from de facto or legal defects (including but not limited to stability, reliability, accuracy, morality, efficiency, fitness for a particular purpose, security system errors, errors, bugs, or infringement of rights). The Service Provider shall not be responsible for providing the Service without defects.

10.5 The Service Provider applies standards that the Service Provider deems appropriate. If the Service Provider becomes aware that a Service User is using the Service in a way that violates the terms and conditions, the Service Provider does not guarantee to other Service Users and/or third parties that other Service Users and/or other persons will not violate the terms and conditions. Furthermore, the Service Provider shall not be responsible for correcting or preventing such violations against Service Users or other persons.

11. Withdrawal and Suspension of Service

11.1 If a Service User registered with the Service withdraws from using the Service, any information regarding the Service User held by the Service Provider will be protected as per the Personal Data Protection Policy under the Privacy Policy.

11.2 The Service Provider can suspend or delete Service User registration information without prior notice to the Service User if the Company becomes aware of the possibility that the Service User will commit a violation or breach of the terms and conditions.

12. Notification and Contact Methods

12.1 When the Service Provider announces or contacts the Service User regarding the Service, the Service Provider may use methods deemed appropriate by the Company, such as announcements via the application prepared by the Service Provider.

12.2 When the Service User notifies or contacts the Service Provider regarding the Service, the Service User must send an email or use other methods specified by the Service Provider.

13. Governing Law and Jurisdiction The terms and conditions shall be governed by the laws of Thailand. Any legal proceedings arising from conflicts caused by the Service, or conflicts between the Service User and the Service Provider related to the Service, shall be under the jurisdiction of the courts of Thailand.

This Privacy Policy is part of the Terms and Conditions of the Service and covers the handling of Service User data. Please read this Privacy Policy carefully. When a Service User registers for any part of the Service, the Service Provider assumes that the Service User has read and accepted this Privacy Policy and consents to the use of information as set out below.

Collected Information

Personal Information: Information about the Service User provided to the Service Provider that identifies the Service User (if any), including email, phone number, address, as well as name, country, ID card number, phone number, gender, and age. Service Users can choose not to provide personal information, but they may not be able to utilize all features in the Service application.
Anonymous Information: Refers to information not related to or linked to the personal information of the Service User. The Service Provider will collect and use personal information and anonymous information as described in this Privacy Policy.
User Device Information: Operating system, device number, device name, device model, IP address, user account, location, phone number, advertising ID, etc., will be used for better service provision and for identification and prevention of inappropriate use of the Service.
Profile Information (if any): Such as account name, username, password, profile picture, age, gender, date of birth, phone number.
Usage Information: Such as information regarding usage on the website, platform, use of products, goods, and services, and methods used or interactions with advertisements (including content you visit, links you click to view, and other information).
Financial Information (if any): Such as purchase history, price, amount, fees, payment methods, purchasing behavior, and/or use of the Company's products, goods, and services, including favorites, preferences, interests, and lists of information you search for, as well as the use of promotions, receiving and redeeming benefits, and responding to various offers.
Health Information (if any): Such as weight, height for safety, health, and control purposes to comply with our security procedures.

How We Use Your Information We will use your personal information only when permitted by relevant laws. Generally, we use your personal information for the following purposes:

Service Provision: To present services and content to you, including any interactive features on the Service, and to provide information, products, or services that you authorize us to do. We also collect and use personal information to verify your rights and provide rewards related to promotional activities.
Service Improvement: To improve and customize our services by presenting new services, information, recommendations, and feedback.
Advertising, Statistical Analysis, and other Business Purposes.
Customer Management: To manage registered user accounts, provide customer support, notify registered users about their accounts, and inform about changes to services or other products or services we offer or provide through that account.
Communication: To communicate and interact with you directly; for example, we may send notifications about upcoming changes, promotional activities, or service improvements.
Content Moderation: To monitor images, photos, and content posted or created on the Service to ensure we comply with applicable content regulations in the relevant jurisdiction.
Content Customization: To conduct research and analysis regarding your usage or interest in content, products, advertisements, or services available on the Service to develop and display content tailored to your interests on our website and app.
Performance Analysis: To determine if a Service User is unique or if the same user uses the Service multiple times, and to monitor aggregate metrics such as total visitors, number of videos viewed, demographic patterns.
Operations and Security: To identify users who do not meet age limits, to diagnose or fix technology issues, and to detect, prevent, and respond to fraud, illegal activities, or actual or potential intellectual property infringement.
Compliance: To enforce our terms of use and to comply with our legal obligations.
Aggregation: To aggregate the information we collect about you for one or more purposes as described above.

How We Share Personal Information with Third Parties We share your personal information in limited ways:

We may share your personal information within the App for the purpose of collecting personal information as described above.
We may share your personal information with companies that provide support services to us (e.g., credit card processing, other payment providers, website hosting, email and postal delivery, external customer service providers) and help us market our products and services (e.g., email vendors or marketing agencies). These companies may use your personal information to perform actions on our behalf.
We may disclose specific information (i) upon legal request, to respond to legal processes, and when necessary to comply with the law or lawful orders of government agencies; (ii) to enforce our agreements, corporate policies, and terms of use; or (iii) to protect rights, property, or safety.
If you participate in blogs or other online forums on our site, any personal information you post on our site may be shared with forum participants and other site visitors.
In the event of a merger, acquisition, financing, or sale of assets, or other situations involving the transfer of some or all of our business assets, we may disclose your personal information to those involved in the negotiation or transfer. If a change happens to our business, the part of our business that is (as the case may be) sold, acquired, or merged, such entity may process your personal information in the same way as set out in this notice.
We may share your personal information with other parties who have a duty of confidentiality to us.
We may share your information in a manner that does not directly identify you (e.g., anonymous data or aggregated data) for statistical analysis, advertising, and other business purposes.
We may share your personal information for advertising, statistical analysis, recommending various goods and services to target groups, and presenting product information to you.
We may share your information with other companies or business partners with whom the Service Provider has a trusted business relationship. The Service Provider may use the Service User's personal information to provide the Service User with promotional information about new services, advertising, analysis, and other services offered by the Service Provider and business partners at any time.

The Service Provider is committed to maintaining data security. However, please note that despite efforts to protect data, no security measure can guarantee 100% security at all times.

Disclaimer The Service Provider shall not be liable for any damages, including damages, losses, and expenses incurred, whether directly or indirectly, resulting from or consequent to the user's access to this application or website or websites linked to this website, or for damages, losses, or expenses arising from failure of use, errors, omissions, interruptions, defects, incompleteness, or computer viruses, even if the Service Provider has been advised of the possibility of such damages, losses, or expenses. Furthermore, the Service Provider is not liable to the user of the application or website or any person for any claims arising from the application or website or any content, including any decisions or actions resulting from reliance on such content by the user of the application or website, or for any damages, whether direct or indirect damages, including any other damages that may occur. The Service User accepts and acknowledges that the Service Provider shall not be responsible for any actions of the Service User.

This Privacy Policy may be updated periodically without prior notice to the Service User and will be effective immediately. If the Service User continues to use the Service/Application, it is deemed that the Service User agrees to this Privacy Policy and its updates.

You can request the deletion of user data by contacting us via [email protected]

Cookies Policy

What are Cookies? Cookies are small computer data files that are installed or saved on your computer or electronic device when you visit a website. Cookies remember your website usage information. We also refer to other technologies that perform similar functions as cookies.

Types of Cookies Used

Strictly Necessary Cookies: These cookies are essential for the operation of the website, including cookies that enable you to access information and use the Company's website securely.
Analytical/Performance Cookies: These cookies help the Company recognize and count the number of visitors to the website, as well as help the Company understand website visiting behavior to improve the quality and suitability of the website's operation. They also collect statistical data on how visitors access and behave on the website, which helps improve the website's functionality so users can find what they are looking for easily, and helps the Company understand user interests and measure the effectiveness of the Company's advertisements.
Functionality Cookies: These cookies are used to recognize you when you return to the website. This allows the Company to personalize content for you, tailor the Company's website to meet your usage needs, and remember your settings, such as language, region, or font size you select for website usage.
Targeting Cookies: These cookies record your website visits, the pages you have visited, and the links you have visited. The Company uses this information to make the website and any content displayed on the web pages more relevant to your interests. Additionally, the Company may share this information with third parties for such purposes.
Advertising Cookies: These cookies remember your settings for accessing web pages and use them as data to modify web pages to present advertisements that are most appropriate for you as much as possible. Examples include selecting to display product advertisements you are interested in, preventing or limiting the number of times you see repeated advertisement pages, and helping to measure the effectiveness of advertisements.

Storage and Use of Cookies The operation of cookies helps the Company automatically collect and store information about your website visits as follows:

Internet domain and IP Address from the point where you access the website.
Type of browser software, as well as the structure and operating system used to access the website.
Date and time you access the website.
Advertising ID.
Address of other websites that link you to the Company's website.
Web pages you enter, visit, and take you out of the Company's website, including content on the web pages you visit and the duration of your visit.

The collection, use, or disclosure of your personal information in the case of cookies is for the legitimate interests of the Company or in accordance with the consent explicitly received from the data owner. You can choose to set each type of cookie, except for Strictly Necessary Cookies, through "Cookie Settings" or settings in your web browser, such as prohibiting the installation of cookies on your device.