Broadcasting Terms for SiamPoints

These Broadcasting Terms supplement our Terms of Use (in particular section 5.4) and our Subscription Terms for businesses that use the Broadcasting feature. The business accepts them by ticking a box when it switches Broadcasting on; we store the time, the version and the IP address. The operator is First Class Tech Ventures Co., Ltd. (“we”, “us” or “SiamPoints”).

1. What Broadcasting Is

1.1 Broadcasting allows a business to send messages, via its own account with a messaging service, to guests who have expressly agreed to receive them. In Thailand, only LINE is available for this — via the business’s LINE Official Account.

1.2 SiamPoints merely provides the software for this. We are not an advertising agency: we do not write, design, check, approve or send any messages for the business, and we provide neither templates nor sample texts; the text field is empty. The business embeds images only via an address of its own; we do not upload them.

1.3 Broadcasting is available only to businesses for whose subscription at least one payment has been received by us and which are not in payment arrears; free months through an association or partner company count as a payment. During the trial period, the feature is visible but locked.

2. Own Account and Costs

2.1 The business connects its own account with the service. The account belongs to the business, and the terms and policies of the service apply to it (for LINE, for example, the terms for LINE Official Accounts and LINE’s advertising guidelines); any breach affects the business’s account. Our team and our sales partners may help with the set-up; the business itself gives its consent and pays.

2.2 The business pays all costs of the service itself and directly to the service — for example the monthly plan of its LINE Official Account and messages beyond the free quota. Before the feature is switched on, we show which costs the service may charge.

2.3 SiamPoints is not a payment service provider: SiamPoints does not accept payments on behalf of businesses or guests, does not hold money and does not pass any on. There is no message credit with SiamPoints; we do not resell messages and never pay for a business’s messages.

2.4 We store the account’s access credentials in encrypted form and use them only to send messages on the business’s behalf.

3. Sender and Responsibility

3.1 The business is the sender, the advertiser and solely responsible for every message — for its content, images, links, recipients and timing and for the consents. It warrants that it holds all necessary registrations, licenses and permits and that every message complies with Thai law and with the rules of the service — in particular the Alcoholic Beverage Control Act B.E. 2551 as amended by Act No. 2 B.E. 2568, the Computer Crime Act B.E. 2550 (including the rules on advertising messages under Section 11), the Personal Data Protection Act B.E. 2562, consumer protection law and the rules on wellness advertising.

3.2 Notice on Section 32: Under Section 32 of the Alcoholic Beverage Control Act, advertising alcoholic beverages is prohibited in Thailand — for every advertiser, including in messages to guests and even where the advertising originates abroad. This applies to brands, logos, images, prices, promotions and rewards, including via non-alcoholic products bearing the brand of an alcoholic beverage; sales promotion for alcohol is prohibited under Section 30. Advertising alcohol via Broadcasting is therefore not permitted in any form — nor is advertising tobacco, e-cigarettes, cannabis or gambling, or any use of the Royal Family.

3.3 For spa, massage, beauty and wellness, the following also applies: no promises of healing or guaranteed results, no medical terms, before-and-after images and customer testimonials only with the sentence “Results may vary”, and “free” only with the conditions stated. The business confirms this with a separate tick box for every message it sends.

4. Guests’ Consent

4.1 Messages go only to guests who have expressly consented to receive them from this business via this service — with a tick box in SiamPoints that is not pre-ticked and with confirmation on the service (for LINE: adding the business’s account as a friend and linking it with a one-time code). Sending to all friends of the account is not possible via SiamPoints.

4.2 We store, on the business’s behalf, the proof of every consent (time, version of the wording, means of consent, IP address), the identifier by which the service recognizes the guest and every unsubscription — the proof until 2 years after the consent is withdrawn. The business never sees a guest’s identifier or number, only figures.

4.3 In their account, guests can switch messages off at any time, either entirely or per business and service; the strictest setting applies immediately. The business does not obtain consent for Broadcasting by any other means and does not upload third-party contacts. Anything it sends directly via its account outside SiamPoints is solely its own responsibility.

5. Unsubscribe Line, Sending Times and Maximum Number

5.1 Every message shows the business as the sender and ends with a fixed line in the guest’s language containing the name of the business and an unsubscribe link (“No more messages from …? Unsubscribe: …”). The business cannot remove it. Unsubscribing takes effect immediately, including for messages in the queue; the guest receives a confirmation without advertising. Nothing is sent without valid consent or without the unsubscribe line.

5.2 Messages go out only between 8:00 and 21:00 (the guest’s local time or, if this is not known, Thai time); messages scheduled for later wait in the queue. Each guest receives no more than 3 messages from any one business in 7 days. Stricter requirements of the service take precedence; the current values are shown in the Broadcasting area.

6. Notices, Tick Boxes and Rule Checker

6.1 Fixed notices for Thailand and the business’s industry (for example on alcohol, wellness, tobacco and e-cigarettes, cannabis and gambling) appear above the text field. Before every message, the business confirms with a mandatory tick box that the message complies with these rules and that it is solely responsible for it.

6.2 A technical rule checker automatically holds back messages containing clearly prohibited words: they are not sent; the business sees the highlighted word, the type and the reason and can change the text. The rule checker is not a check and not an approval: the fact that a message was not held back does not mean that it is permitted. It does not check images, and our team does not approve individual messages.

7. Log, Reporting and Suspension

7.1 Every broadcast is logged in accordance with Section 26 of the Computer Crime Act — time, business, user, IP address, service, number of recipients, text with checksum and tick box — and kept for 2 years. Upon lawful request, we disclose the log to authorities and courts (section 6 of the Terms of Use).

7.2 Guests can report a message. We may suspend Broadcasting for a business at any time without prior warning and with immediate effect — including for messages in the queue — in particular in the event of a breach, a reasonable suspicion or an official notice. The business has no claims arising from such a suspension.

8. Indemnity and Liability

8.1 The business indemnifies First Class Tech Ventures Co., Ltd., its directors and employees on first demand against all claims, penalties, fines and demands of third parties — for example guests, authorities, the service or competitors — arising from its messages or its account with the service, including reasonable costs of legal defense in civil, criminal and administrative proceedings, to the extent permitted by law. Any liability or joint liability of SiamPoints for a business’s messages is excluded — under civil law and, to the extent permitted by law, also under criminal and administrative law.

8.2 SiamPoints is not liable if the service fails to deliver messages or delivers them late, blocks the business’s account or charges fees. In all other respects, the liability provisions in section 9 of the Terms of Use apply.

9. Data Protection

The business is the controller of the guests’ data; SiamPoints processes it only on the business’s behalf in accordance with our Data Processing Agreement (DPA), and details are set out in our Privacy Policy. We keep the logs of messages sent for 2 years. The service — in Thailand, LINE of LY Corporation — is the business’s contractual partner via the business’s own account and not a sub-processor of SiamPoints.

10. Switching Off, End and Changes

10.1 The business may switch Broadcasting off at any time. Broadcasting also ends when the subscription ends. We keep proofs and logs in accordance with sections 4.2 and 7.1.

10.2 If we change these Broadcasting Terms, the business accepts the new version before its next message. In all other respects, sections 11 to 15 of the Terms of Use apply (changes, governing law and jurisdiction, severability, Thai as the governing language, contact).

End of the Broadcasting Terms.