1. Introduction
These META W Terms of Use (“Terms”) govern your access and use of the Services offered by WHA Digital Company Limited, its Subsidiary and/or any member of WHA Group.
PLEASE READ THESE TERMS CAREFULLY BEFORE BEGINNING TO USE THE SERVICES, AS THESE TERMS SET OUT A LEGALLY BINDING AGREEMENT BETWEEN YOU AND META W.
In addition to the terms and conditions set out herein, the Terms consist of the followings:
(a) a privacy Policy and a privacy notice of WHA and
(b) a Cookie Policy of WHA.
By accessing or using the Platform or Services, you agree to be bound by these Terms. If you do not agree to all of these Terms, you may not access or use the Platform or Services. By accepting these Terms, you also agree to be acknowledged and bound by the Privacy Policy, which explains information that we collect about you, how we protect that information, and how that information may be used by us.
2. Definitions and Interpretations
2.1 Definitions
Unless otherwise defined in these Terms or a contrary indication appears, in these Terms:
“Holding Company” means, in relation to a person, any other person in respect of which it is a Subsidiary.
“META W”, “WHA”, “we”, “us” or “our” means (i) the Platform itself (including its developer, its provider and hosting provider, its operator, and/or its licensor), and/or (ii) any member of WHA Group, as the context may require.
“Platform” means META W metaverse through META W website (https://www.metaw.world) and its related features, website, applications, forums, content, functionality, products, and services.
“Privacy Policy” means the following policies of WHA: (i) a privacy policy, (ii) a privacy notice, and (iii) a cookie policy.
“Services” means any feature, service, application, platform, or website provided or offered by any member of WHA Group (including the Platform) as well as any of forums, content, functionality, products, and services related thereto.
“Subsidiary” means, in relation to any company or corporation, a company or corporation:
(a) which is controlled, directly or indirectly, by the first mentioned company or corporation;
(b) more than half the issued equity share capital of which is beneficially owned, directly or indirectly, by the first mentioned company or corporation; or
(c) which is a Subsidiary of another Subsidiary of the first mentioned company or corporation,
and, for this purpose, a company or corporation shall be treated as being controlled by another if that other company or corporation is able to direct its affairs and/or to control the composition of its board of directors or equivalent body.
“User-Generated Content” or “UGC” refers to any form of creative material created and published by you on our Platform or through our Services, which can encompass various formats:
(a) Text-based: Reviews, blog entries, comments, forum discussions;
(b) Visual: Photographs, illustrations, memes, infographics;
(c) Audio: Podcasts, music compositions, voice recordings; and/or
(d) Video: Vlogs, tutorials, product demonstrations, live streams.
“WHA Group” means WHA Corporation Public Company Limited and each of its Holding Company and Subsidiaries and each Subsidiary of each of its Holding Company.
“You” means the user of the Services.
2.2 Construction
(a) Unless a contrary indication appears, any reference in this Agreement to:
(i) “META W”, “WHA Group”, “We”, or “You” shall be construed so as to include its successors in title, permitted assigns and permitted transferees to, or of, its rights and/or obligations under these Terms;
(ii) “including” shall be construed as “including without limitation” (and cognate expressions shall be construed similarly);
(iii) a “person” includes any individual, firm, company, corporation, government, state or agency of a state or any association, trust, joint venture, consortium, partnership or other entity (whether or not having separate legal personality);
(iv) words importing the singular include the plural and vice versa and words importing a gender include every gender;
(v) a “law” or a “regulation” includes any regulation, rule, official directive, request or guideline (whether or not having the force of law) of any governmental, intergovernmental or supranational body, agency, department or of any regulatory, self-regulatory or other authority or organization;
(vi) a provision of law is a reference to that provision as amended or re-enacted from time to time; and
(vii) a time of day is a reference to Thailand time.
(b) Clause and Schedule headings are for ease of reference only.
(c) Unless a contrary indication appears, a term used in any other document related hereto or in any notice given under or in connection with these Terms or such related document has the same meaning in these Terms.
3. User Accounts
3.1. Eligibility:
(a) You must be at least 20 years old to create an account and use the Services.
(b) By using the Services, you affirm that you have reached the required age set out in the foregoing, and understand, accept, and agree to be bound and abide by these Terms.
(c) If you are under the required age (a “Minor”), before using the Services, your parent or legal guardian must read and consent to these Terms. By permitting a Minor to use the Services, a Minor’s parent or guardian becomes subject to these Terms and agrees to be responsible for the Minor’s activities on the Services.
(d) META W is not responsible for any act or omission of the Minor, and META W does not have an obligation to verify or monitor whether the age disclosed by you is true or not.
3.2. Account Creation:
(a) To access certain features of the Services, you may need to create an account (“Account”). You are responsible for maintaining the confidentiality of your Account information, including your login credentials, and for all activities that occur under your Account.
(b) To create an Account, you will be asked to provide username, email address, and method of authenticating your Account, which may include a password and, depending on the resources accessed. You may also be asked to provide other information like your name, date of birth, verified phone number, or a government-issued photo identification (as the case may be). You agree that: (i) all information provided to META W will be true, accurate, and up to date, (ii) META W is authorized to use such information in accordance with our Privacy Policy, and (iii) META W has sole discretion to approve your Account creation which META W is not required to provide any reject reason. META W reserves the right (but not obliges) to take steps to ensure that any information you provide to META W in connection with your Account is accurate.
(c) To verify your identity and/or confirm your actions, we may send a one-time password (“OTP”) to your phone number or email address during Account creation, login attempts, or use of our Services. You acknowledge and agree to this process.
(d) You are responsible for maintaining the confidentiality and security of any credentials used to access your Account (e.g., a username, password, and OTP). You must not share or disclose such credentials to others (except for Guardians in the case of a Minor user).
(e) You understand, acknowledge, and agree that you will be responsible for any actions taken in your Account and on the Services using your access credentials, whether or not such actions have been authorized by you. You may only access the Services through your own Account. Selling or transferring your Account or your access credentials to another user is strictly prohibited. Similarly, purchasing or receiving a transfer of another user’s Account or access credentials is strictly prohibited.
(f) If (i) you have reason to believe your Account has been compromised, is not secure, or has been subject to unauthorized use, or (ii) another user or any third person asks for your password or any personal information, you should notify META W immediately.
4. User Conduct
4.1. Acceptable Use: You agree to use the Services in a manner that is consistent with all applicable laws and regulations, and that does not violate the rights of others.
4.2 Prohibited Use: You will not:
(a) do anything (including any upload or share any content) that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, hateful, racially or ethnically offensive, or contrary to the good public morale (including any sexually explicit content);
(b) facilitate, promote, or violate any applicable laws or regulations, or perform or facilitate dangerous or malicious activities;
(c) post, share, collect, or process any sensitive or confidential information or other person personal information, or act or cause infringement of any person’s intellectual property rights;
(d) exploit, abuse, or interfere with the Platform, the Services, or any other system or network connected to the Platform and/or the Services, including, transmitting any harmful or malicious content, such as viruses, trojan, or malware;
(e) disrupt or interfere with the use and enjoyment of the Platform and/or the Services by others;
(f) attempt to gain unauthorized access to the Platform and/or the Services or any other system or network connected to the Platform and/or the Services; and/or
(g) use the Platform and/or the Services for any commercial purpose.
4.2. User-Generated Content:
4.2.1 The Services may allow you to create, generate, upload, submit, display, publish, transmit or otherwise make available (“Publish”) your User-Generated Content on or via the Services, which you are solely responsible for any UGC Published by you.
4.2.2 You acknowledge and agree that:
(a) Any UGC that is Published on the Services must comply with the Terms, and must not be fraudulent, illegal, deceptive, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and must not consist of or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam”, “malwares”, “malicious” or other harmful components.
(b) Your UGC Published will be considered non-confidential and non-proprietary, and you grant META W a nonexclusive, royalty- free, perpetual, irrevocable, and fully sublicensable right to host, use, copy, reproduce, modify, adapt, publish, translate, run, create derivative works of, distribute, and publicly perform or display such UGC throughout the world in any media for any business purpose in connection with operating, providing, improving, or publicizing the Services; provided, that: META W will only share personal information that you provide in accordance with our Privacy Policy.
4.2.3 You represent and warrant that, at the time of Publishing UGC:
(a) you own or otherwise control all the rights in/to the UGC;
(b) the UGC is accurate and not fraudulent or deceptive; and
(c) the UGC does not violate these Terms, any applicable laws, or the rights of any third party, including intellectual property, privacy, and publicity, and will not cause injury to any person or entity.
You understand that in certain situations your UGC may be copied by other users of the Services and discussed on and outside of the Services. If you do not have the right to submit UGC for such use, Publishing such may subject you to liability. META W takes no responsibility and assumes no liability for any UGC Published by you or any third party. META W has the right but not the obligation to monitor, modify, or remove any UGC from its Services, and it may exercise these rights at any time, without notice or liability to you or any third party.
5. Intellectual Property
5.1 The interfaces, graphics (including without limitation avatars), trademarks, design, information, artwork, data, code, products, software, and all other elements of the Services, including the rights therein and any derivatives thereof, (“METAW IP”) are protected by law and these Terms. All METAW IP is the property of META W (and/or its applicable licensors).
5.2 Except as explicitly expressed or allowed in these Terms, (i) nothing contained in these Terms, shall be construed as granting to you any right or license under any METAW IP, and (ii) you may not use any METAW IP contained in the Services unless you obtain separate permission in each instance from the owner.
5.3 Subject to your full compliance with these Terms, META W grants you a non-exclusive, limited, revocable, non-transferable license to use the Services on devices that you own or control for your personal use only. You may not:
(a) lease, lend sell, redistribute, or sublicense any part of the Services;
(b) copy, modify, distribute, publicly perform or display, reverse engineer, disassemble, modify, or create derivative works of the Services or related or implemented technology;
(c) circumvent any technological measure designed to protect the Services or any technology associated with the Services;
(d) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any Services’ source code, in whole or in part (unless a portion of code contained within the Services is released as open source and the open-source license governing such code expressly permits reverse engineering, copying or other modification);
(e) use the Services to create malicious or abusive content or any content that violates these Terms; or
(f) use the Services (or any part thereof or any technology contained therein) in any manner that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable laws.
6. Disclaimers
6.1 General Disclaimer
(a) The information provided by or on the Platform or Services including contents or media embedded, contained, or displayed therein (collectively “Information”) are for general information purposes only. All such Information is provided in good faith and on an “as is” and “as available” basis, without warranty of any kind, and whether express or implied, statutory, or otherwise, including, but not limited to, the warranties of: (i) the accuracy, adequacy, validity, reliability, availability, or completeness of any Information, (ii) merchantability, fitness for a particular purpose, or meet your requirements, or (iii) non-infringement. META W does not warrant that the Platform or Services will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components. In any event, no implied or statutory warranty, or warranty or condition of performance, merchantability, or fitness for a particular purpose will apply.
(b) Some part of the content contained in the Platform or Services is multimedia content (“Multimedia Content”) is created by using computer generated images (“CGIs”) for illustrative purposes to give an audience’s impression of the metaverse of META W only. The image appeared in such Multimedia Content may not accurately reflect or represent the actual image appeared in real world, and the CGIs are not intended to be an accurate description of any of the features and furnishings on the specific property, its location or surrounding area.
(c) Certain features of the Services may be offered as a preview or beta version. These versions are under active development and may differ from the final release in various areas, including functionality, appearance, content, or layout. You acknowledge the possibility of encountering limitations or bugs while using a preview or beta version. We appreciate your understanding and patience as we continue development.
(d) META W cannot and will not guarantee the security of any data that you disclose online. You acknowledge and accept the inherent security risks of providing information and dealing online over the Internet. We will not be responsible for any breach of security.
(e) Under no circumstance shall META W have any liability to you for any loss or damage of any kind (including for any special, direct, indirect, consequential, incidental, punitive or exemplary damages or any damages whatsoever) incurred as a result of (i) the use of the Services or reliance on any Information (including any errors or omissions in the Information of the Services) or (ii) or your inability to access or use the Services, whether a claim is based in contract, warranty, indemnity, tort/extra-contractual liability (including negligence), strict liability or otherwise, even if advised of the possibility of such damages. Your use of the Services and your reliance on any Information is solely at your own risk.
(f) META W reserves the right, in our absolute and sole discretion, to change, update, amend, remove, or discontinue any part of the Information or the Services at any time without prior notice to you.
6.2 External Links Disclaimer
(a) The Services may contain (or you may be sent through the website) links to other websites or content belonging to or originating from third parties or links to websites and features.
(b) Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or completeness by META W.
(c) META W does not warrant, endorse, guarantee, or assume responsibility for the accuracy or reliability of any information offered by third-party websites linked through the website or any website or feature linked in any banner or other advertising. META W will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
6.3 Fair Use Disclaimer
(a) META W may use copyrighted material which has not always been specifically authorized by the copyright owner. META W believes all content used falls under the remits of “Fair Use” concept under Thai law, and we have no intention to, in any way, infringe on their content ownership. If an owner of any intellectual property found in the Services believes that the use of intellectual property is not constituted as “fair use”, please contact us so that we will not hesitate to remove said content.
(b) If you wish to use copyrighted material from the website for your own purposes that go beyond fair use, you must obtain permission from the copyright owner.
6.4 Logos and Trademarks Disclaimer
All logos and trademarks of third parties referenced on the Services are the trademarks and logos of their respective owners. Any inclusion of such trademarks or logos does not imply or constitute any approval, endorsement, or sponsorship of META W by such owners.
6.5 Views Expressed Disclaimer
(a) The Services may contain views and opinions which are those of the authors and do not necessarily reflect the official policy or position of any other author, agency, organization, employer, or company, including us.
(b) Comments published by users are their sole responsibility and the users will take full responsibility, liability and blame for any libel or litigation that results from something written in or as a direct result of something written in a comment.
(c) META W is not affiliated with users, and we are not liable for any comment published by users and reserves the right to delete any comment for any reason whatsoever.
6.6 Privacy Disclaimer
In addition to our Privacy Policy:
(a) You hereby agree and acknowledge that WHA shall collect, use, store, transfer/share, erase and process (collectively referred to as “process”) the Personal Data (as defined in the Personal Data Protection Act B.E. 2562 or as may be amended from time to time) provided by you and/or your representatives pursuant to or in connection with the use of the Services, and to disclose to the third party in accordance with our Privacy Policy for the purpose of your usage of the Services at present or in the future including, but not limited to, (i) contacting with the owner of such Personal Data, or (ii) facilitating other related business and/or future business relationship between the parties.
(b) You warrant to us that you are entitled to provide and disclose the Personal Data to us for the purpose mentioned above, and that the Personal Data provided and disclosed to us has duly been processed and disclosed in accordance with the applicable laws.
6.7 Online Safety
User safety is paramount at META W. Whilst META W fosters a safe online environment through various measures, such as content moderation and parental controls, all users’ support is a key to ensure the safety of everyone in META W. If you see any content or materials on the Services that appears to recruit, entice, advertise, or solicit any person to perform a sexual, violent, or illegal act, please contact META W Support.
6.8 No Solicitation and No Advice Disclaimer
(a) The Information and the Services:
(i) are provided with the understanding that we are not herein engaged in rendering legal, accounting, tax, or other professional advice and services. As such, it should not be used as a substitute for consultation with professional accounting, tax, legal or other competent advisers;
(ii) do not constitute, and should not be construed as, an offer, invitation, solicitation or recommendation to buy or sell any of securities (including digital securities or any non-fungible token); and
(iii) shall not be construed under any circumstances as a prospectus, a public offering of securities or digital securities, as defined under any applicable legislation.
(b) The Services may include market and industry data obtained from various publicly available sources and other sources believed by us to be true.
(c) You should consult with your own professional advisors regarding your particular circumstances.
7. Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT WILL WHA BE LIABLE FOR LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF OPPORTUNITY, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES OF ANY KIND, REGARDLESS OF WHETHER A CLAIM IS ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM AND/OR SERVICES AND WHETHER A CLAIM IS BASED IN CONTRACT, WARRANTY, INDEMNITY, TORT/EXTRA-CONTRACTUAL LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF WHA HAS BEEN ADVISED OF, OR HAD REASON TO KNOW OF, THE POSSIBILITY OF SUCH DAMAGES.
THE PROVISION OF THE FOREGOING SHALL PREVAIL OVER ANY CONFLICTING OR INCONSISTENT PROVISIONS CONTAINED IN ANY OF THE DOCUMENTS COMPRISING THESE TERMS, EXCEPT TO THE EXTENT THAT SUCH PROVISIONS FURTHER RESTRICT WHA’S LIABILITY.
8. Suspension or Termination
8.1 META W reserves the right, in our sole discretion, to change, suspend, or terminate the Services (whether in whole or in part), including your access to the Platform, at any time and for any reason, including to comply with applicable laws, to protect users, or to protect WHA’s reputation, without notice and liability to you.
8.2 If you violate these Terms, META W reserves the right, in our sole discretion, to terminate or suspend (i) your Account and (ii) your right to use and access the Services, including by suspending or terminating any alternate account(s) you create or have created.
8.3 Account suspension or termination may also involve the suspension or termination of access to any content you have acquired on the Services.
9. Governing Law and Dispute Resolution
These Terms (and all non-contractual obligations arising out of or in connection with these Terms) shall be governed by and construed in accordance with the laws of Thailand without giving effect to any choice of law rules that would cause the application of laws of any other jurisdiction. Any dispute arising out of or relating to these Terms and/or Services shall be subject to the exclusive jurisdiction of the courts of Thailand.
10. Entire Agreement
These Terms constitute the entire agreement between you and us regarding your use of the Platform and Services.
11. Changes to the Terms
We may revise these Terms at any time, in our sole discretion. The revised Terms will be effective immediately upon posting on the Platform. Your continued use of the Services after the posting of the revised Terms constitutes your acceptance of the revised Terms.
12. Contact Us
If you have any questions about these Terms, please contact us at [email protected]