Welcome to the AllGenHealth website (AllGenHealth.com). Please carefully review these terms and conditions. The following Terms of Use govern your access and use of the Platform (defined below) and the Services.
By accessing the Platform and/or using the Services, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please refrain from accessing and/or using this Platform or the Services.
Access to and use of password-protected and/or secure areas of the Platform and/or the Services are restricted to Customers with accounts only. You must not attempt to obtain unauthorized access to such parts of this Platform and/or Services, or any other protected information, through any means not intentionally made available by us for your specific use. Violating this provision may constitute an offense under the Computer Crime Act B.E. 2550 (2007) of Thailand.
If you are below 20 years old, you must obtain consent from your parent(s) or legal guardian(s). They must accept these Terms of Use and agree to take responsibility for: (i) your actions; (ii) any charges associated with your use of the Services or purchase of Products; and (iii) your acceptance and compliance with these Terms of Use. If you do not have consent from your parent(s) or legal guardian(s), you must cease using/accessing this Platform and using the Services.
1. Definitions & Interpretation
Unless otherwise defined, the definitions and provisions regarding interpretation outlined in Schedule 1 will apply to these Terms of Use.
2. General use of the Services and/or access to the Platform
2.1 Guidelines for using the Platform and/or the Services: You agree to comply with all the guidelines, notices, operating rules, policies, and instructions related to the use of the Services and/or access to the Platform. Additionally, you acknowledge that any changes to the aforementioned guidelines, notices, operating rules, policies, and instructions will be binding upon their publication on the Platform. We reserve the right to revise these guidelines, notices, operating rules, policies, and instructions at any time, and you are considered to be aware of and bound by any such changes.
2.2 Restricted activities: You agree and commit NOT to: (a) impersonate any individual or entity, or falsely state or misrepresent your affiliation with any individual or entity; (b) use the Platform or Services for illegal purposes; (c) attempt to gain unauthorized access to or disrupt other computer systems or networks connected to the Platform or Services; (d) post, promote, or transmit any Prohibited Materials through the Platform or Services; (e) interfere with another person's use and enjoyment of the Platform or Services; (f) use or upload any software or material that contains, or that you have reason to suspect contains, viruses, damaging components, malicious code, or harmful components that may impair or corrupt the Platform's data, or damage or interfere with another Customer's computer, mobile device, the Platform, or the Services; (g) use the Platform or Services in violation of the acceptable use policies of any connected computer networks, relevant Internet standards, or other applicable laws. (h) create and/or utilize more than one Customer's or AllGenHealth user's account on the Platform or Services.
2.3 Availability of the Platform and the Services: We reserve the right, without providing any reason or prior notice, to upgrade, modify, suspend, or discontinue the provision of the Platform or any Services. This may occur in whole or in part. We shall not be held liable if such upgrades, modifications, suspensions, or removals prevent you from accessing the Platform or any part of the Services.
2.4 Right to monitor content: We retain the sole discretion, but are not obligated, to: (a) monitor, screen, or exercise control over any activity, content, or material on the Platform and/or through the Services. We may, at our sole and absolute discretion, investigate any violation of the terms and conditions stated herein and take appropriate action accordingly; (b) prevent or restrict any Customer's access to the Platform and/or the Services; (c) report any activity that we suspect to be in violation of applicable laws, statutes, or regulations to the appropriate authorities and cooperate with them as necessary; and/or (d) request any information and data from you related to your use of the Services and/or access to the Platform at any time. We reserve the right to exercise this right if you refuse to provide such information and/or data or if we have reasonable grounds to suspect that you have provided inaccurate, misleading, or fraudulent information and/or data. (e) Deactivate, cancel, delete, ban, prevent, and restrict any access to the Platform and/or the Service by any AllGenHealth account, Customer, or individual, either permanently or temporarily, without providing any reason or prior notice.
2.5 Privacy Policy: Your use of the Services and/or access to the Platform is also governed by the Privacy Policy outlined at https://allgenhealth.com/en/privacy-policy/.
2.6 Terms & Conditions of Sale: Purchases of any Product are subject to the Terms & Conditions of Sale as specified at https://allgenhealth.com/en/term-of-sale/.
2.7 Additional terms: Besides these Terms of Use, certain aspects of the Materials and Services, including more comprehensive or updated versions of the Materials offered by us or our designated subcontractors, may be subject to additional terms and conditions. These additional terms will be fully applicable and enforceable.
3. Use of the Services
3.1 Application of this Clause: In addition to all other terms and conditions outlined in this Terms of Use, the provisions in this Clause 3 specifically govern your use of the Services.
3.2 Restrictions: The use of the Services is limited to authorized Customers who are of legal age and possess the legal capacity to enter into and form contracts under applicable laws. Customers who have violated or are in violation of the terms and conditions specified herein, as well as those who have been permanently or temporarily suspended from using any of the Services, are not permitted to use the Services, even if they meet the requirements stated in this Clause 3.2.
3.3 General terms of use: You agree to: (a) access and use the Services solely for lawful purposes and in compliance with applicable laws, conducting all activities related to the Services in good faith; and (b) ensure that any information or data you post or contribute to the Platform in connection with the Services is accurate and does not violate any applicable laws. You also take sole responsibility for such information and data.
3.4 Product description: While we strive to provide accurate descriptions of the Products, we do not guarantee that such descriptions are accurate, current, or free from errors.
3.5 Prices of Products: All Listing Prices are subject to taxes, unless explicitly stated otherwise. We reserve the right to modify the Listing Prices at any time without providing any reason or prior notice.
3.6 Third Party Vendors: You acknowledge that parties other than AllGenHealth (such as Third Party Vendors) list and sell their Products on the Platform. Information regarding whether a particular Product is listed for sale on the Platform by AllGenHealth or a Third Party Vendor may be indicated on the webpage displaying that Product. For clarity, any agreement entered into for the purchase of a Third Party Vendor's Products by a Customer shall be a direct agreement solely between the Third Party Vendor and the Customer. Such agreement is also subject to the Terms and Conditions of Sale.
4. Customers with AllGenHealth accounts
4.1 Username/Password: Certain Services available on the Platform may require you to create an account or provide Personal Data. When creating an account, a Username and Password may be assigned to you by us, or you may choose your own Username and Password, subject to our discretion. We reserve the right, at any time and without prior notice, to request updates to your Personal Data or invalidate the Username and/or Password. We shall not be liable for any losses incurred by you as a result of such request or invalidation. You agree to regularly change your Password, keep your Username and Password confidential, and take responsibility for the security of your account. You are also responsible for any authorized or unauthorized use of the Username and/or Password. If you become aware of any compromise to the confidentiality of the Username and/or Password or any unauthorized use or need to update your Personal Data, you must notify us immediately. Such notice will be considered received by us seven (7) business days after its receipt.
4.2 Purported use/access: You acknowledge and agree that any use of the Services, access to the Platform, and any information, data, or communications associated with your Username and Password (including Biometric Login) shall be considered as: (a) Your own access to the relevant Platform and/or use of the Services; or (b) Information, data, or communications posted, transmitted, and legitimately issued by you.
4.3 Your Username, Password, and facial or fingerprint identification are confidential information that must not be shared with any party. We will always assume that the use of your Username, Password, and/or Biometric Login is performed solely by you, and we have the right to conclude that such use or activity is carried out or authorized by you. Furthermore, you agree and acknowledge that you are bound by these Terms of Use and agree to indemnify us fully against any Losses arising from the use of the Services, access to the Platform, or any actions associated with your Username and Password (including the use of face/fingerprint identification).
5. Intellectual property
5.1 Ownership: The Intellectual Property rights in the Platform and the Materials are owned, licensed to, or controlled by us, our licensors, or our service providers. We reserve the right to enforce these Intellectual Property rights to the fullest extent permitted by law.
5.2 Restricted use: No part or parts of the Platform or any of the Materials may be reproduced, reverse-engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred, or transmitted in any manner or by any means, or stored in an information retrieval system or installed on any server, system, or equipment without our prior written permission or that of the relevant copyright owners. Except as stated in Clause 5.3, permission to download, print, or use the Materials is granted solely for personal and non-commercial purposes, provided that the Materials are not modified and we or the relevant copyright owners retain all copyright and other proprietary notices present in the Materials.
5.3 Trademarks: The term "Trademarks" refers to the trademarks as defined in the attached schedule herein. Nothing on the Platform or in these Terms of Use shall be interpreted as granting, by implication, estoppel, or otherwise, any license or right to use (including as a meta tag or as a "hot" link to any other website) any Trademarks displayed on the Services without our written permission or the permission of the applicable trademark owner.
6. Our limitation of responsibility and liability
6.1 No representations or warranties: The Services, the Platform, and the Materials are provided on an "as is" and "as available" basis. All data and information contained in the Platform, the Services, or the Materials are provided for informational purposes only. No representations or warranties of any kind, whether implied, express, or statutory, including warranties of non-infringement of third-party rights, title, merchantability, satisfactory quality, or fitness for a particular purpose, are given in connection with the Platform, the Services, or the Materials. Without limiting the generality of the foregoing, we do not warrant: (a) the accuracy, timeliness, adequacy, commercial value, or completeness of all data and information contained in the Platform, the Services, or the Materials; (b) that the Platform, the Services, or any of the Materials will be provided uninterrupted, secure, or free from errors or omissions, or that any identified defect will be corrected; (c) that the Platform, the Services, or the Materials are free from any computer virus or other malicious, destructive, or corrupting code, agent, program, or macros; and (d) the security of any information transmitted by you or to you through the Platform or the Services. You accept the risk that any information transmitted or received through the Services or the Platform may be accessed by unauthorized third parties and/or disclosed by us, our officers, employees, or agents to third parties purporting to be you or purporting to act under your authority. Transmissions over the Internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic, or incorrect data transmission due to the public nature of the Internet.
6.2 Exclusion of liability: AllGenHealth Indemnities shall not be liable to you for any losses whatsoever, regardless of the form of action, arising directly or indirectly in connection with: (a) any access, use, and/or inability to use the Platform or the Services; (b) reliance on any data or information made available through the Platform and/or the Services. You should not act on such data or information without independently verifying its contents; (c) any system, server, or connection failure, error, omission, interruption, delay in transmission, computer virus, or other malicious, destructive, or corrupting code, agent program, or macros; and (d) any use of or access to any other website or webpage linked to the Platform, even if we, our officers, agents, or employees have been advised of or might have anticipated the possibility of such losses.
6.3 At your own risk: Any risk of misunderstanding, error, damage, expense, or losses resulting from the use of the Platform is entirely at your own risk, and we shall not be liable for such losses.
7. Hyperlinks, alerts and advertising
7.1 Hyperlinks: For your convenience, we may provide hyperlinks to other websites or content on the Internet that are owned or operated by third parties. Please note that these linked websites or content are not under our control, and we cannot be held liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy, or any other objectionable material contained in the linked content, or for any consequences arising from accessing such linked websites. The inclusion of hyperlinks to other websites or content does not constitute an endorsement or verification of those websites or content. You agree that your access to and use of linked websites or content is at your own risk.
7.2 Advertising: We may display banners, java applets, or other materials on the Platform for advertising our products and/or services, as well as those of our Third Party Vendors. Please note that you are not entitled to receive any payment, fee, or commission in relation to such advertising or other promotional materials.
8. Your submissions and information
8.1 Submissions by you: By submitting materials or information to the Platform or providing them to us, including but not limited to questions, reviews, comments, and suggestions (collectively, "Submissions"), you grant us a non-exclusive license to use such Submissions. When you post comments or reviews on the Platform, you also grant us the right to use the name or Username that you submit in connection with such review, comment, or other content. It is important that you do not use a false email address, pretend to be someone else, or mislead us or third parties regarding the origin of any Submissions. While we have the discretion to publish, remove, or edit your Submissions, we are not obligated to do so.
8.2 Consent to receive emails: By agreeing to these terms, you consent to and authorize us to use any information provided by you, including Personal Data, for the purpose of sending informational and promotional emails to you. Your agreement to this provision in Clause 8.2 constitutes your consent in accordance with any spam control laws, whether in Thailand or elsewhere. If you wish to opt out of receiving promotional emails, you can click on the appropriate hyperlink provided in any promotional email.
8.3 Privacy Policy: You acknowledge that you have read and agree to the Privacy Policy available at https://allgenhealth.com/en/privacy-policy/. You also consent to our collection, use, and disclosure of your Personal Data in accordance with the purposes stated in the Privacy Policy.
9. Termination
9.1 Termination by us: We reserve the right to terminate your use of the Platform and/or Services, and disable your Username and Password, in our sole and absolute discretion, with immediate effect and with or without notice. We may restrict access to the Platform and/or Services (or any part thereof) for any reason, including but not limited to a breach of these Terms of Use, violation of any terms or conditions stated herein, or if we believe, or if any regulatory authority believes, that it is inappropriate to continue providing the services related to the Platform.
9.2 Termination by you: You have the right to terminate these Terms of Use by providing us with a written notice at least seven (7) days in advance.
10. Notices
10.1 Notices from us: Any notices or other communications given to you will be considered as notified to you on the date of publication or broadcast if communicated through any print or electronic media as we may select. If sent by post or left at your last known address, it will be deemed received by you on the day following such posting or on the day when it was left.
10.2 Notices from you: You may give notice to us in writing by sending it to our designated address or email address at 1011 Supalai Grand Tower Room No.01, 29th Floor Rama III Road, Chongnonsee Yan Nawa, Bangkok 10120, Thailand, or https://allgenhealth.com/en/contact-us/. We will be deemed to have received such notice upon receipt. While we strive to respond promptly to your notices, we cannot guarantee consistent speed in our responses.
10.3 Other modes: In addition to Clauses 10.1 and 10.2, we may designate other acceptable modes of giving notices, including but not limited to email or other forms of electronic communication. The time or event by which such notice shall be deemed given will also be specified.
11. General
11.1 Cumulative rights and remedies: Unless otherwise specified in these Terms of Use, the provisions herein, as well as our rights and remedies, are cumulative and without prejudice to any rights or remedies available to us in law or equity. The exercise of any particular right or remedy by us under these Terms of Use or in law or equity shall not hinder or prevent us from exercising any other rights or remedies available to us.
11.2 No waiver: Our failure to enforce these Terms of Use does not constitute a waiver of these terms, and such failure does not affect our right to enforce these Terms of Use in the future. We retain the right to exercise our rights and remedies in any other situation where there is a breach of these Terms of Use.
11.3 Severability: If any provision of these Terms of Use is or becomes illegal, invalid, or unenforceable in any respect, the legality, validity, and enforceability of the remaining provisions shall not be affected. The remaining provisions shall continue to be in force as if the illegal, invalid, or unenforceable provision had been severed from these Terms of Use.
11.4 Rights of third parties: These Terms of Use do not confer any rights on any person or entity who is not a party to these Terms of Use under any legislation in any jurisdiction. This includes individuals or entities identified by name, as a member of a class, or as meeting a particular description. However, this provision does not affect the rights of any permitted assignee or transferee of these Terms of Use.
11.5 Governing law: The use of the Platform and/or Services, as well as these Terms of Use, shall be governed by and construed in accordance with the laws of Thailand. By using the Platform and/or Services, you submit to the exclusive jurisdiction of the courts of Thailand.
11.6 Injunctive relief: If we determine in good faith that a breach or non-performance requires immediate action, we may seek immediate injunctive relief as the appropriate or necessary remedy.
11.7 Amendments: We may modify the terms and conditions of these Terms of Use by providing notice through the Platform or other designated methods of notification, including email. Such modifications will take effect on the date specified in the notice. If you continue to use the Platform or Services after the specified date, you are deemed to have accepted the modifications. If you do not agree with the modifications, you must cease accessing or using the Platform and Services and terminate these Terms of Use. We have the right to make such modifications without the consent of any person or entity who is not a party to these Terms of Use.
11.8 Correction of errors: Any typographical, clerical, or other error or omission in any acceptance, invoice, or other document on our part may be corrected without any liability on our part.
11.9 Currency: Monetary references in these Terms of Use shall be in Thailand Baht.
11.10 Language: In the event that these Terms of Use are executed or translated in a language other than English ("Foreign Language Version"), the English language version shall govern and take precedence over the Foreign Language Version.
11.11 Entire agreement: These Terms of Use constitute the entire agreement between you and us regarding the subject matter herein and supersede all prior understandings, communications, and agreements relating to the subject matter herein.
11.12 Binding and conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by us or our service providers pertaining to the Platform and Services shall be binding and conclusive on you for all purposes. These records shall serve as conclusive evidence of any information and/or data transmitted between us and you. You agree that such records are admissible in evidence, and you shall not challenge or dispute their admissibility, reliability, accuracy, or authenticity merely based on their electronic form or being the output of a computer system. You hereby waive any rights to object to such records.
11.13 Sub-contracting and delegation: We reserve the right to delegate or subcontract the performance of any of our functions in connection with the Platform and/or Services. We also reserve the right to engage service providers, subcontractors, and/or agents on terms deemed appropriate by us.
11.14 Assignment: You may not transfer or assign your rights under these Terms of Use without our prior written consent. We reserve the right to assign our rights under these Terms of Use to any third party.
11.15 Force Majeure: We shall not be held liable for any non-performance, error, interruption, or delay in fulfilling our obligations under these Terms of Use (or any part thereof), or for any inaccuracies, unreliability, or unsuitability of the contents of the Platform and/or Services, if such non-performance, error, interruption, delay, inaccuracies, unreliability, or unsuitability is caused, directly or indirectly, by an event or circumstance beyond our reasonable control.
Schedule 1
Definitions and Interpretation
Definitions: Unless the context otherwise requires, the following terms shall have the meanings ascribed to them in these Terms of Use:
1.1 "Customer" has the same meaning as defined in the Term of Sale.
1.2 "Intellectual Property" refers to all copyrights, patents, utility innovations, trademarks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and applications thereof, whether existing now or created in the future, worldwide, whether registered or not, as well as all benefits, privileges, rights to sue, recover damages, and obtain relief or other remedies for any past, current, or future infringement, misappropriation, or violation of any of the aforementioned rights.
1.3 "AllGenHealth Indemnities" refers to AllGenHealth and all of its officers, employees, directors, agents, contractors, and assigns.
1.4 "AllGenHealth," "we," "our," and "us" refer to Pacific Healthcare (Thailand) Co., Ltd, a company incorporated under the laws of Thailand with registration number 0105504000253 and registered address at 1011 Supalai Grand Tower Room No.01, 29th Floor Rama III Road, Chongnonsee Yan Nawa, Bangkok 10120, Thailand.
1.5 "Listing Price" denotes the price of Products listed for sale to Customers, as stated on the Platform.
1.6 "Losses" refers to all penalties, losses, settlement sums, costs (including legal fees and expenses on a solicitor-client basis), charges, expenses, actions, proceedings, claims, demands, and other liabilities, whether foreseeable or not.
1.7 "Materials" encompass all web pages on the Platform, including the information, images, links, sounds, graphics, videos, software, applications, and other materials displayed or made available on the Platform, as well as the functionalities or services provided on the Platform.
1.8 "Order" denotes your request for Products submitted through the Platform in accordance with the Term of Sale.
1.9 "Password" refers to the valid password used by a Customer with an account on AllGenHealth, in conjunction with the Username, to access the relevant Platform and/or Services.
1.10 "Personal Data" signifies data, whether accurate or not, that can be utilized to identify, contact, or locate an individual. Personal Data may include names, email addresses, billing addresses, shipping addresses, phone numbers, and credit card information. Personal Data also encompasses any data provided to us during the process of placing an Order, regardless of whether the individual has an account with us.
1.11 "Platform" encompasses both the web and mobile versions of the website operated and/or owned by AllGenHealth and/or its affiliates, currently located at https://www.allgenhealth.com.
1.12 "Privacy Policy" signifies the privacy policy outlined at https://allgenhealth.com/en/privacy-policy/.
1.13 "Product" refers to any item available for sale to Customers on the Platform, including any installments or parts thereof.
1.14 "Prohibited Material" denotes any information, graphics, photographs, data, or other material that: (a) contains any computer virus or other invasive or damaging code, program, or macro; (b) infringes any third-party Intellectual Property or any other proprietary rights; (c) is defamatory, libelous, or threatening; (d) is obscene, pornographic, indecent, counterfeit, fraudulent, stolen, harmful, or otherwise illegal under applicable law; and/or (e) is or may be construed as offensive and/or otherwise objectionable, in our sole opinion.
1.15 "Services" refers to the services, information, and functions provided by us and/or our affiliates on the Platform.
1.16 "Submission" is as defined in Clause 8.1 of these Terms of Use.
1.17 "Terms & Conditions of Sale" or "Term of Sale" refers to the terms and conditions governing a Customer's purchase of the Products, as outlined at https://allgenhealth.com/en/term-of-sale/.
1.18 "Terms of Use" encompasses the recitals, Clauses 1 to 11, and any Schedules to these terms and conditions.
1.19 "Trademarks" signify the trademarks, service marks, trade names, and logos used and displayed on the Platform, whether registered or unregistered, and owned by AllGenHealth or any third party.
1.20 "Username" pertains to the unique login identification name or code that identifies a Customer with an account on AllGenHealth.
1.21 "Voucher" refers to a credit voucher that can be used by a Customer, subject to the Voucher Terms & Conditions and other applicable terms and conditions, towards the payment of purchases on the Platform.
1.22 "You" and "your" pertain to individuals who are at least 20 years old or are under the supervision of a parent or legal guardian.
Interpretation: Any reference in these Terms of Use to a statutory provision shall be construed as a reference to that provision as amended, re-enacted, or extended at the relevant time. When the words "include," "includes," or "including" are used in the Agreement, they are deemed to be followed by the words "without limitation." Unless expressly stated otherwise, all references to a number of days denote calendar days, and the terms "month" or "monthly," as well as references to a number of months, denote calendar months. Clause headings are included for convenience only and shall not affect the interpretation of these Terms of Use. In case of a conflict or inconsistency between any two or more provisions within these Terms of Use, whether within the same document or different documents, the conflict or inconsistency shall be resolved in favor of AllGenHealth, and the provision that is more favorable to AllGenHealth shall prevail.
