Terms and Conditions of Use
The Terms and Conditions of Use apply to all internet users browsing gushlabs.shop. Before using any website, you must fully accept these terms. You can accept the terms in two ways:
1. By clicking "Accept" or "Agree" to the terms when presented or offered in an available manner on any website.
2. By actually using any website.
Using our website signifies your full agreement to these terms. If you do not agree to these terms, please do not use any of our websites. Unless otherwise specified, these terms are subject to change without prior notice. Your continued use of our website after any changes have been implemented signifies your acceptance of the changes.
Ownership of Website, Content, and Trademarks
Our website is owned and controlled by gushlabs.shop Ltd. (hereafter referred to as "gushlabs"), and unless otherwise stated in writing, all materials on our website, including text, graphics, information, content, images, illustrations, designs, icons, photographs, video clips, audio, music, artwork, computer code, and other materials, as well as the copyrights, trademarks, trade dress, and/or other intellectual property rights in these materials (collectively, "Content"), are owned, controlled, and/or licensed by gushlabs.
This website and its content are for personal, non-commercial use only. You may only download or copy the content and other downloadable materials displayed on this website for personal use. You may not transfer any right, title or interest in any downloaded or copied content as a result of downloading or copying such content. You may not copy, publish, transmit, distribute, display, perform, modify, create derivative works from, sell or otherwise exploit any content or website.
Certain trademarks, trade names, service marks, and logos used or displayed on this website are registered and unregistered trademarks, trade names, and service marks of gushlabs and its affiliated companies. Other trademarks, trade names, and service marks used or displayed on this website are registered and unregistered trademarks, trade names, and service marks of third parties. No content on this website grants you any license or right to use any such trademark, trade name, service mark, or logo displayed on this website without the implied, prohibited, or otherwise.
Using Our Website
You may only use our website in accordance with the terms and in a manner that complies with all applicable federal and state laws, rules, and regulations and the general accepted practices or guidelines of the relevant jurisdiction, including any laws governing the import or export of data to and from the United States.
You agree not to use any "deep-link," "robot," or other automatic or manual device, software, program, code, algorithm, or methodology, to access, copy, or monitor any portion of any website or content, or in any way reproduce or circumvent the navigational structure or presentation of any website or content, or obtain or attempt to obtain any materials or information through any means not expressly made available through the website. We reserve the right to take measures to prevent any such activity.
You agree not to access any part or function of any website by hacking techniques, "password mining," or any other illegal means, or to access any server, system, or network of any of our business partners. You agree not to probe, scan, or test any website or any network connected to any website for vulnerabilities, nor to breach any website or network connected to any website's security or authentication measures. You agree not to reverse look-up, trace or seek to trace any other visitor or any other gushlabs customer's information, including any shopping or Go Forth account not held by you, to any extent for any reason, including but not limited to discovering materials or information that could be used to connect non-PII with PII.
You agree not to take any action that would unreasonably or excessively burden the website infrastructure, our systems or networks, or any system or network connected to the website, our systems or networks, or attempt to crash our systems to create a "denial of service" or similar attack.
You agree not to use any device, technology, or method to interfere or attempt to interfere with the proper functioning or features of any website or transaction conducted on the website, or interfere with anyone else's use of any website.
You agree not to falsify headers or manipulate identifiers to disguise any message or transmission you send to us on any website or through any service provided on or through any website, or to impersonate or pretend to be someone else or falsely claim to represent someone else.
User Communications and User Content
We appreciate your suggestions and comments on our website, products, and services, but gushlabs' policy is not to accept any creative ideas, suggestions, proposals, plans, or materials unless we specifically request them (e.g. through a contest or promotion). Our goal is to avoid any misunderstandings if any creative suggestions made by our customers or visitors to our website are similar to those we have already started. Therefore, except for personally identifiable information (PII) collected on or from our website, which is subject to gushlabs' online privacy policy (see Section 2 above), any materials, information, suggestions, ideas, concepts, know-how, techniques, questions, comments, or other communications ("User Communications") you transmit or post to any website are not confidential or proprietary.
You agree that we have the right to use any User Communication for any commercial or non-commercial purpose, including copying, transmitting, disclosing, publishing, broadcasting, developing, manufacturing, and/or marketing. You agree that gushlabs has no obligation to (1) keep any User Communication confidential; (2) pay compensation for any User Communication; or (3) monitor, use, return, review, or respond to any User Communication. We are not responsible for the content of any User Communication, whether it involves copyright, defamation, privacy, obscenity, or other laws. We reserve the right to delete any User Communication that contains any material we deem inappropriate or unacceptable (e.g. see Sections 5 and 6 below).
You warrant and represent that any content submitted in any User Communication is original, you have all applicable legal rights, and the content does not infringe on the rights of any other person or entity. You warrant, represent, and covenant that any person other than you depicted in any audio or video files submitted as part of a User Communication is at the age of majority in their respective state of residence, subject to the limitations of the following sentence; you grant gushlabs the right to modify, edit, change, alter, display, perform, publish, distribute the right of publicity of these individuals and you are authorized to represent them in this release. If any person depicted in any User Communication is below the age of majority in their respective state of residence, you warrant, represent, and covenant that you are the parent or legal guardian of each such person, and authorize the use of media containing their depiction, subject to the terms hereof.
In addition to the User Generated Content rules set forth in Section 5, you are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or violate any law.
User-generated content rules
If you discover any user violating the user-generated content rules or engaging in any other unacceptable behavior, you should report it to gushlabs by contacting us at [@LINE]. If you post information on any of our websites, you will be responsible for every user communication resulting from your post on any website, and you agree not to hold gushlabs responsible or liable for any user communication from other users on any website you access. In addition, gushlabs reserves the right to delete any user communication on any of our websites.
The following categories of user communication are prohibited, and while examples are given, they are not intended to be exhaustive. You agree not to post or transmit to other users any communication that you know or reasonably believe to be:
1. Defamatory, abusive, obscene, or offensive content.
2. Infringing or violating another party's intellectual property (e.g., music, video, photographs, or other material for which you do not have written authorization from the owner of such material to post on the website), including any party's public or privacy rights.
3. In violation of any law, regulation, or ordinance (including but not limited to export controls, consumer protection, unfair competition, anti-discrimination, or false advertising laws, regulations, or ordinances).
4. Content that is threatening, harassing, or promoting any racism, prejudice, or hatred.
5. Content promoting or encouraging violence against individuals or damage or destruction of property.
6. In any way inaccurate, false, or misleading.
7. Illegal or promoting any illegal activity.
8. Promoting illegal or unauthorized copying of copyrighted works of others, or providing links or information to circumvent security measures.
9. Containing computer code, files, or programs that contain viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment.
10. Containing any advertising, promotional material, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
You understand that when using any website, you will encounter user communications from various sources and we are not responsible for the accuracy, usefulness, safety, or intellectual property of such user communications.
You agree not to use any "deep-link," "robot," or other automatic or manual device, software, program, code, algorithm, or methodology to access, copy, or monitor any part of any website or content, or to bypass or replicate any website or content navigation structures or presentation formats, or to obtain or attempt to obtain any materials or information through any means not intentionally made available through the website by us. We reserve the right to take measures to prevent any such activity. You may not resell your right to use the website to any third party.
If you believe your copyright has been infringed, you may notify us in the following manner:
1. A statement requesting the restoration or reinstatement of the deleted or disabled material;
2. Your name, address, telephone number, and email address;
3. A statement that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
4. A statement that you consent to the jurisdiction of the Bangkok Civil Court;
5. A statement that you will accept service of process from the notifying party or its agent in connection with the alleged infringement.
Account, Password, and Security
Some of the functions or services provided on our website may require you to set up an account (including creating an account ID and password) and share personal identity information (PII). In addition to the statements in our privacy policy (see section 2 above) regarding the protection of your information, you are solely responsible for maintaining the confidentiality of your account information, including your account ID and password, and any activities conducted on or under your account.
You agree to immediately notify gushlabs of any actual or potential unauthorized use of your account or password, or any other actual or potential security breach. However, if someone else uses your account ID, password, or account resulting in losses to gushlabs or any other users or visitors to our website, you may be held responsible.
You are not permitted to use someone else's account ID, password, or account at any time without the explicit permission and consent of the account holder. Gushlabs will not be liable for any losses or damages arising from your failure to comply with these obligations.
Product and Sales
Product Description
When describing and depicting our products on our website, we strive to be as accurate as possible. However, we do not guarantee that any product descriptions or other content on the website are accurate, complete, reliable, current, or error-free. We reserve the right to correct any typographical errors, inaccuracies, or omissions on pricing and supply status of any product descriptions at any time without prior notice. If the product provided differs from the description, your only remedy is to return it to us.
Colors
We have made every effort to display the colors of products on the website as accurately as possible. However, we cannot guarantee that the colors displayed on your computer monitor are accurate, complete, reliable, or error-free.
Shipping
When you place an order on our e-commerce website, we will ship to the address specified by you, provided that the shipping address is within Thailand and complies with our website's shipping restrictions. We may need to verify information before accepting and/or shipping any order. We reserve the right to limit the quantity of any product or service ordered and/or to refuse to provide service to any customer without prior notice.
Risk of Loss
All items purchased on our e-commerce website are made pursuant to a shipment contract. This means that the risk of loss for all items purchased passes to you upon our delivery of the items to the carrier. You are responsible for filing any claims for damages and/or loss with the carrier.
Our Website Links; Third-Party Links on Our Website
No links from other websites may be created or maintained to any page on our website without our prior written consent. Without our written consent, it is prohibited to run or display any of our website or any information or materials displayed on our website on another website in a frame or similar manner. Any links allowed to any of our websites must comply with all applicable federal and state laws, regulations, rules, and ordinances.
Changes to the Website and Content
We reserve the right, at our sole discretion, to modify, suspend or discontinue any of our websites or any services, content, features or products offered through any of our websites, with or without notice; charge fees for use of any websites; modify and/or waive any fees associated with any websites; and/or offer opportunities to some or all users of any websites. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of any of our websites.
Disclaimer; Limitation of Liability; Compensation
Your use of this website is at your own risk. The information, materials, and services provided on this website are provided "as is" without any kind of warranty, including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws to understand any such prohibitions.
Gushlabs shall not be liable for any damages to your computer, communication equipment, or other property that may result or any virus liability that may arise from your access, use, or browsing of any of our websites or downloading any information or materials from any of our websites.
In any event, Gushlabs or any of its directors, officers, employees, shareholders, affiliates, agents, successors, or assigns, as well as any party involved in the creation, production, or transmission of this website, shall not be liable for any indirect, special, punitive, incidental, or consequential damages arising out of your use or inability to use this website, any website linked to this website, or any materials, information, or services contained on all such websites, whether based on warranty, contract, tort, or any other legal theory, regardless of whether such damages were foreseeable or whether we were advised of the possibility of such damages. The foregoing limitation of liability does not apply to the extent prohibited by law. Please refer to your local laws to understand any such prohibitions.
If any part of these warranty disclaimers or limitation of liability is found to be invalid or unenforceable for any reason, or if we are found to be liable in any way, then in such cases our total liability for all claims shall not exceed the lesser of (i) the amount paid by you for accessing the website in the past twelve months, or (ii) ten US dollars.
You agree to indemnify, defend, and hold Gushlabs and its directors, officers, employees, business partners, and agents harmless from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (i) any breach by you of these terms and conditions, (ii) your user communications, (iii) your use of the materials or functionality available on the website (except where such claims are based on materials created by Gushlabs that infringe upon third party rights), or (iv) your violation of applicable laws or any third party agreement or terms to which you are bound.
Governing Law; Severability; Waiver; Dispute Resolution
You are responsible for determining and complying with all applicable local, state, federal, and international laws, regulations, and rules (including minimum age requirements) relating to your use of our website. Any dispute arising from your use of any of our websites shall be governed by Thai law, without regard to any conflicting legal principles.
If any part of any provision of these terms is deemed invalid or unenforceable by any court of competent jurisdiction, such provision shall be deemed stricken but shall not affect the validity or enforceability of any other provision of these terms.
Our failure to exercise any right or to enforce any of these terms against you shall not prevent us from subsequently exercising such right or enforcing such term against you or be deemed a waiver of any such right or term. Our rights and remedies under these terms shall be cumulative, and the exercise of any such right or remedy shall not limit our exercise of any other right or remedy.
Any claim arising from or related to these terms must be filed within one (1) year after the cause of action arises, or such claim or cause of action shall be barred. No damages other than actual out-of-pocket expenses may be sought or recovered, but the prevailing party shall be entitled to costs and attorneys' fees. If any dispute or controversy arises in connection with your use of the website, the parties shall make a good faith effort to resolve any such dispute or controversy promptly and amicably. If we are unable to resolve any such dispute or controversy within a reasonable time (not to exceed thirty days), either party may submit such dispute or controversy to mediation. If the dispute cannot be resolved through mediation, the parties are free to pursue any rights or remedies available to them under applicable law in Thailand.
