General Terms of Use for SiamPoints

These General Terms of Use (the “Terms”) govern access to and use of the digital platform “SiamPoints”, operated by First Class Tech Ventures Co., Ltd., 352/951 Moo 12, Nong Prue, Bang Lamung, Chonburi 20150, Thailand (“we”, “us” or “SiamPoints”).

By registering on or using the platform, whether as a merchant (business/shop) or as a guest (end customer), you agree to be legally bound by these Terms (in accordance with the Thai Electronic Transactions Act, B.E. 2544). When registering, businesses additionally give their express consent by ticking a box; we record the time of consent and the version of these Terms.

For businesses, our Subscription Terms apply in addition and — as soon as they switch on the Broadcasting feature — our Broadcasting Terms. Associations and partner companies are subject to the Terms for Associations & Partner Companies, sales partners to the Partner Terms.

1. Description of Services

SiamPoints is a B2B2C software-as-a-service (SaaS) platform. We provide an IT infrastructure that enables businesses in Thailand to offer digital loyalty points programs, manage online reservations and operate an e-commerce shop. For end customers (guests), the platform provides a central account for managing their loyalty points, bookings and purchases at participating businesses.

• A software tool: SiamPoints provides software and an online platform only. Each business alone decides on, designs and manages the content, offers, prices, rewards and promotions it publishes. SiamPoints is not an advertising agency: we do not create advertising for businesses and supply neither advertising copy nor advertising templates. Design templates (for example for QR stands or flyers) contain layout, colors, fonts and empty fields only.

• No prior review of content: Content posted by businesses goes live immediately. SiamPoints does not review, edit or approve it in advance and is under no obligation to do so. We act upon reports and upon notices from the authorities (section 6). Technical safety filters that automatically hold back clearly prohibited terms do not constitute a review or approval of content; the fact that content has not been held back does not mean that it is permitted.

2. Contractual Relationships and Disclaimer (Role of the Platform)

• SiamPoints is not a party to transactions: SiamPoints acts exclusively as a technical intermediary (host) and IT service provider. When a guest reserves a table, redeems points or buys products via the connected online shop, the legal contract (purchase, service or reservation contract) is concluded exclusively between the guest and the respective business (shop). SiamPoints is not the seller, landlord, hotelier, tour operator, broker or agent of the business.

• Who the seller is: In the online shop, at checkout, in the order confirmation and in the messages relating to the order, we name the seller by the first and last name or the company name that the business has provided (section 5.6). The contract is concluded with this seller, never with SiamPoints. The same applies to reservations with a deposit or prepayment.

• Loyalty points: Points are a promise of a discount or reward made by the respective business to its guests — they are not money, not electronic money and not a credit balance with SiamPoints. Points cannot be bought or sold as such and are never paid out in cash. The business alone is responsible for crediting and redeeming them.

• No liability for merchant services and content: SiamPoints gives no warranty and accepts no liability for the quality, safety, legality or timely delivery of the products or services offered by the businesses. Nor are we liable for the accuracy of the offers posted by businesses. Complaints, refunds and legal claims must be addressed by the guest directly to the respective business.

3. Registration and Account Obligations

• Legal age and capacity to contract: By registering, you confirm that you are of legal age under the laws of your country of residence (in Thailand, upon reaching the age of 20) and have full and unrestricted legal capacity to enter into legally binding contracts.

• For businesses (shops): Registration is deliberately simple. Mandatory are the name of the business as guests see it (for example as shown on the sign; a trade name is permitted and need not be registered anywhere), the business category, the location, a telephone number and an email address for signing in. We do not require an ID number, tax ID, legal form or documents at registration; a business provides a tax ID only voluntarily if it wishes to receive a tax invoice. All details must be true and complete; the merchant is obliged to keep them up to date. By registering, the person registering confirms that they lawfully operate the business or are authorized to represent it. Bars, beach clubs and clubs additionally confirm that they know and comply with the ban on alcohol advertising (section 5.1).

• Activation: A business account becomes active as soon as its email address has been confirmed, unless SiamPoints makes activation subject to a prior review. We may refuse a registration without giving reasons and suspend an account, for example in the case of duplicate accounts, an incorrect business category or misuse.

• Documents for higher-risk categories: In categories where guests book services involving particular risk — hotels, resorts, hostels, tours, boats, jet skis, scooter and car rentals, tickets, massage and spa — online reservations and online payments only become available once the business has uploaded all valid documents required for its category (e.g. licenses, permits and proof of insurance) and we have accepted them; this may include an identity check by a service provider. If a document expires, these features are blocked until a valid document is provided. The review of documents does not replace the business’s own responsibility: SiamPoints does not confirm that the business complies with all laws and is not liable for accidents, personal injury, damage to property, losses or expired licenses and insurance policies (section 9). Loyalty points and Google reviews are not affected by this.

• For guests: Guests sign in without a password — with a code or link that we send to their email address or, where offered, with their Google, Apple, Facebook or LINE account. A mobile phone number is not required.

• Account security: Each user is responsible for keeping their login credentials confidential. SiamPoints is not liable for damage caused by unauthorized access by third parties. We recommend that businesses use two-factor authentication (2FA).

4. Payments — SiamPoints Is Not a Payment Service Provider

• Not a payment service provider (technical facilitator): SiamPoints is not a payment service provider — it is not an e-payment gateway licensed by the Bank of Thailand (BoT), not an e-wallet or e-money provider, not a payment intermediary and not a trustee. SiamPoints does not accept payments on behalf of businesses or guests, does not hold any money and does not forward any. Guests’ payments always go directly to the business; the business pays its subscription directly to SiamPoints. Businesses pay SiamPoints only for SiamPoints’ own services (such as the subscription, booked advertising or orders from the promotional materials shop). To process credit card and online payments, we integrate exclusively licensed third-party providers (payment service providers such as Stripe or Opn Payments/Omise) via technical interfaces (APIs); card details are entered only on the pages or in the forms of these providers, never with SiamPoints.

• B2C transactions (payments from guests to businesses): The guest pays for purchases or services of the businesses directly to the business — via PromptPay QR code to the business’s PromptPay number, by bank transfer to the business’s bank account or, where the business has connected a payment service provider using its own account, through that provider by credit or debit card. For electronic payments, SiamPoints merely forwards the transaction data technically to the business’s payment service provider. The terms of the respective payment service provider apply in addition; SiamPoints is not a party to the contract between the business and its payment service provider.

• The business’s payment details: The business enters its payment details — PromptPay number, bank account and payee name — itself; they take effect immediately. SiamPoints does not verify them. The business alone is responsible for ensuring that its payment details are correct and belong to it. SiamPoints is not liable for payments made to incorrectly entered payees. For orders and prepayments via SiamPoints, the business has guests pay only to these registered payment details.

• Verification of payment slips: If the business switches on the automatic verification of payment slips (depending on its choice, e.g. via SlipOK, EasySlip or Thunder), this is done through its own account with the chosen provider: the business chooses the provider, bears its costs and is responsible for it. SiamPoints processes a guest’s payment slip in this context solely on behalf of the business (section 7). Here, too, SiamPoints does not accept any money. The verification is a technical aid; only the actual receipt of the payment in the business’s account is decisive.

• B2B transactions (subscription fees of businesses): The business pays the recurring usage fees (subscriptions) for the SiamPoints platform directly to SiamPoints — via PromptPay QR code, by bank transfer or, where offered, by card through a licensed payment service provider (e.g. Stripe or Opn Payments/Omise). The details are set out in the Subscription Terms. Businesses agree that their payment data will be processed securely by the respective provider.

• Comprehensive disclaimer, fees and chargebacks: SiamPoints accepts no liability whatsoever for technical failures of payment service providers, erroneous transfers, missing payments or fraud (e.g. stolen credit cards). In particular, for B2C transactions: the sole financial and legal risk of chargebacks, disputes with cardholders and necessary refunds, as well as all transaction fees of third-party providers, lies entirely with the respective business (the shop). If a payment service provider freezes a business’s funds or suspends the business’s account on grounds of suspicion or high chargeback rates, SiamPoints accepts no liability whatsoever for this.

• Protection against fraud: SiamPoints never asks guests to pay money via chat, LINE or telephone. Guests pay only to the payee shown at the time of payment.

5. Strict Obligations of Businesses (Merchants/Shops)

• 5.1 Legal compliance, advertising bans and prohibited content (blacklist):
  The business warrants that all products and services offered via SiamPoints, as well as all uploaded content (texts, images, logos), fully comply with applicable Thai law. The business is strictly prohibited from using the platform (in particular the integrated online shop) for illegal activities or from listing, offering, selling or advertising the following products and services on it. This expressly includes uploading photos, brand logos or descriptive texts relating to these categories:

• Alcoholic beverages: Any online sale of alcohol and any form of advertising. This includes the strict prohibition (under Section 32 of the Alcoholic Beverage Control Act) on uploading photos of alcoholic beverages, bottles, glasses, beer towers, brand logos (e.g. beer, wine or spirits brands) or texts that encourage consumption (e.g. "Happy Hour", "beer promotions"). Alcohol advertising in Thailand is not permitted on SiamPoints in any form — no brands, logos, images, prices, promotions or rewards for alcoholic beverages, not even via non-alcoholic products bearing the brand of an alcoholic beverage (Alcoholic Beverage Control Act B.E. 2551 as amended by Act No. 2 B.E. 2568). Points, discounts, rewards, free gifts and promotions may never be granted for, or redeemed against, alcoholic beverages (Section 30).

• Tobacco products and e-cigarettes: Sale and advertising of cigarettes, cigars, e-cigarettes (vapes), e-liquids, shishas (baraku) and related accessories.

• Cannabis and narcotics: Sale and advertising of cannabis (ganja), cannabis flowers, extracts, THC-containing products, kratom and all illegal drugs and narcotics. (Note: Irrespective of temporary changes in Thai law, these products are prohibited on the SiamPoints platform without exception.)

• Medicines and remedies: Strict prohibition, without exception, of the online sale and advertising of any medicines (both prescription and over-the-counter / OTC), veterinary medicines, prescription-only pharmacy products and unregulated or alternative remedies.

• Food supplements and diet products: Strict prohibition, without exception, of the online sale and advertising of food supplements, vitamins, weight-loss products and similar products for oral consumption.

• Weapons and dangerous goods: Firearms, ammunition, explosives, knives (except kitchen utensils) and dangerous chemicals.

• Counterfeit and stolen goods: Products that infringe the copyrights, trademarks or patents of third parties (e.g. counterfeit designer clothing, pirated copies). The business may offer goods of third-party brands only if it can prove on request that it is entitled to sell them.

• Illegal or regulated services: Strict prohibition, without exception, of offering, selling, brokering and advertising pornography, sexual services, escort services, gambling, lotteries and any form of pyramid scheme. This also includes prize draws, sweepstakes and “wheels of fortune”.

• Medical and aesthetic treatments: Offering and advertising treatments that only clinics or doctors are permitted to perform (e.g. Botox, fillers, thread lifts). Medical and aesthetic clinics are not admitted to SiamPoints.

• Other goods prohibited in the online shop: Amulets, antiques, live animals and cash or value vouchers.

• The Royal Family: Names, titles, images and symbols of the Thai Royal Family must not be used for advertising.

SiamPoints reserves the absolute right, in the event of a breach of this list, to delete the products or images concerned or the business’s entire account immediately and permanently without prior notice. The business shall fully indemnify SiamPoints and hold it harmless against all penalties imposed by authorities and all legal claims of third parties resulting from such a breach.

Expressly permitted – cosmetics and personal care products: Ordinary body, hair and nail care products (as typically offered in barbershops, hair salons, spas or nail salons, e.g. pomade, shampoo, lotions) may be sold via SiamPoints, provided that they may be lawfully placed on the market in Thailand. The only restriction: these products must not be advertised with medical, false or exaggerated healing claims (medical claims, e.g. "cures skin diseases", "medically stops hair loss" or "anti-aging miracle"). In the event of a breach, the preceding paragraph applies accordingly.

Spa, massage, beauty and wellness: Advertising must comply with the Thai rules on wellness advertising: claims must be capable of substantiation; no guaranteed results, no healing claims and no misleading use of medical terms; before-and-after images and customer testimonials only with the note “Results may vary”; “free” only together with the applicable conditions.

Mandatory tick box: By ticking the box at registration, the business confirms that it complies with these rules — in particular the ban on advertising and sales promotion of alcohol (Alcoholic Beverage Control Act, Sections 30 and 32), the Computer Crime Act B.E. 2550 and the ban on gambling.

• 5.2 Tax obligations and withholding tax: The business is solely responsible for the lawful declaration and payment of all of its own taxes (e.g. value added tax / VAT) arising from sales to guests. Insofar as the business is legally obliged under Thai tax law to withhold tax (e.g. 3%) when paying B2B usage fees to SiamPoints, the sole statutory obligation to remit such tax properly to the Thai Revenue Department and to deliver the corresponding original withholding tax certificate to SiamPoints in good time rests with the business without exception. In this respect, SiamPoints acts merely as a software provider. We expressly point out that SiamPoints is neither obliged nor able to monitor, control or enforce the tax compliance (including the remittance of withholding tax) of the connected businesses. If the business fails to meet its tax obligations, fails to remit taxes or fails to issue a tax certificate to SiamPoints, SiamPoints accepts no liability whatsoever for this. Any resulting additional tax assessments, penalties, surcharges for late payment or legal consequences imposed by the Thai tax authorities shall be borne in full by the defaulting business.

• 5.3 Loyalty points, reservations and shop: The business undertakes to honor loyalty points issued and confirmed guest reservations in accordance with its own conditions. It never grants points, discounts or rewards for reviews, and it does not pre-select guests according to whether they leave a positive review. It does not sell points and never pays them out in cash. It offers memberships and other recurring services to guests only with their express consent and with cancellation at a single click. The business alone is responsible towards guests for its offers, prices, deliveries, warranty and refunds.

• 5.4 No advertising without consent (Broadcasting): The business is prohibited from misusing guests’ contact details generated via the platform for unsolicited advertising purposes (spam) beyond purely transactional processing. The business sends advertising messages to guests exclusively via the Broadcasting feature: with its own account with the respective service (such as its LINE Official Account), only to guests who have expressly consented, and only in accordance with the Broadcasting Terms, which it accepts when switching the feature on. The business alone is the sender, the advertiser and the party liable for the costs; it pays the costs of the service directly to that service.

• 5.5 Custom form fields: If the business adds its own fields to forms for guests, it alone is responsible for their content and for the lawfulness of collecting the data: it requests only data that it needs for the respective purpose, and sensitive data within the meaning of the PDPA only with the explicit consent required for it.

• 5.6 Business name and seller details: The business may appear under the name of its business, including a trade name. If it switches on the online shop or online payments for reservations, it states who the seller is: itself, with its first and last name (as shown on its ID), or its company, with the company name (as registered). We name it to buyers as the seller under this name (section 2). The business alone is responsible for the accuracy of these details; SiamPoints neither verifies nor confirms them. False details lead to suspension (section 6). The business warrants that it fulfills all obligations of a seller itself — such as any required registrations (including the registration of online trading with the Department of Business Development), taxes, price displays and consumer protection law.

• 5.7 Warranty of lawful operation: The business warrants that it operates lawfully — with all required registrations, licenses, permits and insurance policies —, that it complies with all applicable laws, in particular tax, consumer protection, alcohol, advertising and data protection law, and that all of its details are true. If a license, permit or insurance policy lapses, it shall inform us without delay.

6. Reporting, Suspension and Cooperation with Authorities

• Reporting: Anyone can report a business or a piece of content — with the “Report this business” button or the “Report content” link, or by email to [email protected]. We acknowledge receipt and look into every report. This is also our complaints procedure within the meaning of the Royal Decree on the Operation of Digital Platform Service Businesses that are Subject to Prior Notification, B.E. 2565. Knowingly false reports are prohibited.

• Notices from authorities: If we receive a notice from a competent authority or a court concerning unlawful content — for example under the Computer Crime Act B.E. 2550 (in particular Section 15) or the Alcoholic Beverage Control Act — we block or remove the content or feature concerned within the deadline set, as a rule within 24 hours, and reply to the authority in writing.

• Suspension with immediate effect: In the event of a breach of these Terms or of applicable law, or where there is reasonable suspicion of such a breach, we may, without prior warning and with immediate effect, hide or remove individual content, block individual features (such as Broadcasting, the online shop, reservations or prepayments) or suspend the entire account. If a guest with an order or reservation at the business reports fraud, we may suspend new prepayments to this business immediately as a precaution. We inform the business of the suspension. Guests’ points are retained.

• Logs and disclosure: SiamPoints stores computer traffic data and log data to the extent required by Section 26 of the Computer Crime Act and, to protect the platform, logs the save operations of businesses with the time and IP address (details in our Privacy Policy). Upon a lawful request, we disclose this data to authorities and courts.

• Cooperation of the business: The business answers our queries about a report without delay, cooperates with inquiries from the authorities and informs us immediately if an authority approaches it in connection with its content or services.

7. Data Protection and Data Processing (PDPA)

• Privacy Policy: Data is processed in strict compliance with the Thai Personal Data Protection Act. Details can be found in our Privacy Policy.

• Data Processing Agreement (DPA): For personal data of guests in respect of which the connected business acts as data controller and SiamPoints as data processor, the provisions of our Data Processing Agreement (DPA) apply in addition. This DPA is an integral, legally binding annex to these Terms of Use.

8. Intellectual Property and Rights of Use

• 8.1 Platform Provider: SiamPoints is offered to customers in Thailand by First Class Tech Ventures Co., Ltd., acting as the contractual service provider for customer subscriptions and related services.

• 8.2 Intellectual Property Ownership: The SiamPoints platform, including its name, trademarks, service marks, logos, branding, underlying software, source code, technology, design elements, and other protected materials, is subject to intellectual property rights held by their respective lawful owners. First Class Tech Ventures Co., Ltd. provides access to the SiamPoints platform and uses the associated branding under the applicable contractual rights and authorizations.

• 8.3 Customer Rights of Use: During an active subscription, customers receive a limited, non-exclusive, non-transferable right to access and use the SiamPoints platform solely for its intended business purposes and in accordance with these Terms. No ownership rights or intellectual property rights in the underlying software, source code, platform technology, trademarks, logos, or other protected materials are transferred to customers. All rights not expressly granted remain reserved by their respective lawful owners.

• 8.4 Customer Content: Businesses grant First Class Tech Ventures Co., Ltd. a non-exclusive right to display and process the logos, images, texts, and other content they upload to the platform, including their presentation within the platform’s search functions, maps, business profiles, and other relevant service features, to the extent necessary to provide the SiamPoints services.

• 8.5 Responsibility for Uploaded Content: Businesses represent and warrant that they possess all necessary rights and permissions for the content they upload, and that such content does not infringe any intellectual property rights or other rights of third parties.

9. Limitation of Liability and Comprehensive Indemnification

• "As is" provision: SiamPoints does not guarantee 100% uninterrupted or error-free operation of the platform.

• No liability for businesses’ offers and services: SiamPoints is not liable for any damage arising in connection with a business’s offers, services, goods, content, messages or payment details — in particular not for accidents, personal injury, damage to property or losses —, not even if the business lacks a valid business registration, license, permit or insurance or if it commits fraud or deception. Any liability or joint liability of SiamPoints for this is excluded — under civil law and, to the extent permitted by law, also under criminal and administrative law.

• Liability cap: To the maximum extent permitted by applicable law, SiamPoints’ liability for direct damages is limited to the amount of the fees paid to us by the business in the 3 months preceding the event giving rise to the damage. This does not affect liability for willful misconduct and gross negligence to the extent that it cannot be excluded under Thai law.

• Comprehensive indemnification clause (protection of the platform): The business undertakes to fully indemnify and hold harmless First Class Tech Ventures Co., Ltd., its directors and employees from and against any claims, penalties, fines, lawsuits or demands of third parties (including Thai authorities) resulting from a breach by the business of these Terms of Use, of applicable laws (in particular advertising bans, tax laws, the PDPA) or of the rights of third parties. This includes the business bearing reasonable attorneys’ fees and court costs. The indemnity applies on first demand and equally to all claims of guests, authorities, insurers, competitors and other third parties arising from the business’s offers, services, goods, content and messages, from accidents, personal injury and damage to property, from a missing business registration or missing or invalid licenses, permits or insurance policies, or from fraud or deception — including damages, penalties, fines, settlements and the costs of legal defense in civil, criminal and administrative proceedings, to the extent permitted by law. It also protects our agents and sales partners.

• Survival: The warranties, the indemnity and the liability provisions survive the termination of the contract.

10. Suspension, Termination, Retention and Deletion

• SiamPoints reserves the right to delete content at any time or to suspend a business’s account with immediate effect if there is a breach of Thai law (e.g. posting prohibited advertising) or of these Terms (section 6).

• A business may terminate its contract with SiamPoints in accordance with the Subscription Terms. The DPA governs the deletion of end customer data.

• Retention and deletion: If the subscription ends or a business is suspended for non-payment — including after a trial period without payment —, the account and all data of the business, including all media (such as logos, photos, product photos, menus, flyers and videos), are retained for six months. After that, we irrevocably delete the media and the other data of the business following a prior reminder; the account itself remains. Excluded is data that we are required by law to retain (such as invoices, receipts, payment slips and withholding tax certificates), as well as guests’ points. Details are set out in the Subscription Terms.

11. Changes to the Terms of Use

SiamPoints reserves the right to amend these Terms at any time. Continued use of the platform constitutes legal acceptance of the new Terms. The version in force is published on this page together with its date.

12. Governing Law and Place of Jurisdiction

These Terms are governed exclusively by the laws of the Kingdom of Thailand. The exclusive place of jurisdiction is Chonburi, Thailand.

13. Severability

Should individual provisions be invalid, this shall not affect the validity of the remaining provisions.

14. Governing Language

These Terms of Use are drawn up in the Thai language and may be translated into other languages (e.g. English or German) for the convenience of international users (expats, tourists). In the event of any discrepancies, contradictions or questions of interpretation between the original Thai version and a translation, the Thai version shall prevail and only the Thai language version shall be legally authoritative and binding before Thai authorities and courts.

15. Contact

First Class Tech Ventures Co., Ltd., 352/951 Moo 12, Nong Prue, Bang Lamung, Chonburi 20150, Thailand. Reports, notices of unlawful content and inquiries from authorities: [email protected].