Thanks for choosing BMAsia (Thailand) Co. Ltd.’s Internet radio streaming service (“BMAS”). These Terms and Conditions of Use (the “Terms”) describe the terms pursuant to which we offer you access to the BMAS website located at www.bmasiamusicstreaming.com (hereinafter “Site”) and BMAS.
The purpose of these Terms is to define the contractual and commercial relationship between us and you, as a subscriber to the Service.
In this document, the expressions “you” and “your” refers, according to the context of their use, either to a potential or actual Subscriber to BMAS or the individual human being performing acts required for the activation or use of BMAS as an authorised representative of such Subscriber. Any references in these Terms to “we”, “us” or “ours” are to BMAsia (Thailand) Co. Ltd.
You accept these Terms and agree to be bound by these Terms when you access or visit the Site, use BMAS and/or create a BMAS account. Please read these Terms carefully because they govern your access to and use of BMAS and set forth legally binding terms applicable to your use of the Service. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU SHOULD NOT ATTEMPT TO ACCESS OR USE BMAS
In order to use BMAS, you need to be either:
(a) a limited liability corporation duly incorporated and registered in accordance with applicable laws; or
(b) a legally competent individual human being
having the authority to enter into a binding contract with BMAS and to assume the obligations set forth in these Terms.
You as the potential or actual Subscriber or as the duly authorised representative of such Subscriber warrant that any registration information that you submit to us is true, accurate and complete, and you undertake to keep it that way at all times.
- Changes to the Terms
changes to the Terms that we consider material, we will notify you through the Service. By continuing to use BMAS after those changes are made, you are expressing and acknowledging your acceptance of the changes.
- Service Area
BMAS is offered only in Thailand (referred to as the “Service Area”). If your company address is not in the Service Area or you are not ordinarily resident as an individual in the Service Area you will not be able to create an account or access BMAS. We reserve the right to verify any address provided. Your manipulation or “spoofing” of a Web Device or any other activities undertaken to deliver to our servers a false geographical location is a violation of these Terms. If you disable the geographical location tools on your Web Device and no other method of determining your location is available to us then you will not have access to BMAS on your Internet-enabled device regardless of your location.
Subscriptions are available only as monthly payment plans, and we refer to them throughout as "Plans."
From time to time, we may offer trials of BMAS for a specified period without payment (a “Trial”). We reserve the right, in our absolute discretion, to determine your eligibility for a Trial, and to withdraw or to modify a Trial at any time without prior notice to you and with no liability.
For some Trials, we require you to provide your payment details to start the Trial. At the end of such Trials, we may automatically start to charge you for BMAS on the first day following the end of the Trial, on a monthly basis depending on the Plan selected. By providing your payment details in conjunction with the Trial, you agree to this charge.
BMAS is accessible from a personal computer operating the Microsoft Windows, Google Chrome OS or Apple OSX operating systems by connecting to the Site. In order to subscribe to access and use BMAS, you must:
- Create an account on the Site;
- Provide the information requested on the subscription form;
- Select the Plan and pay the Subscription price for BMAS through one of the payment options offered;
You must provide true, accurate and complete information in connection with your registration on the Site and Subscription. If we discover that information you supply as part of that process is incorrect or incomplete we reserve the right to refuse to activate your Subscription or terminate your Subscription already activated without further notice to you.
- Confirm your Subscription.
- Using BMAS
BMAS is provided strictly for your business use and for the enjoyment of your customers as part of your business. This means accordingly that the following activities are not permitted: (a) Copying, reproducing, “ripping”, recording, or making available to the public any part of BMAS or content delivered to you via BMAS or otherwise accessing or making any use whatsoever of BMAS which is not expressly permitted under these Terms; (b) using BMAS to import or copy any local files you do not have the legal right to import or copy in this way; (c) reverse-engineering, decompiling, disassembling, modifying or creating derivative works based on the Site, BMAS or any part thereof; (d) circumventing any technology used by us, our licensors, or any third party to protect content accessible through BMAS; (e) renting or leasing of any part of BMAS to third parties; (f) circumventing of any territorial restrictions applied by BMAS; (g) removing or altering any copyright, trademark or other intellectual property notices contained on or provided through the Site or BMAS; (h) providing your password to any third party or using any other person’s user name and password; (i) accessing or using BMAS for private or domestic purposes.
Your password protects your user account. You agree to keep your password confidential and secure and you are responsible for all use of your username and password on BMAS. You agree that any person using your identification issued for the Site will be treated by us as having been authorized by you to access your information as contained on the Site, and take any other actions on your behalf. If your login ID or username/password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, you agree to notify us immediately so that your personal identifiers may be deactivated and reissued.
You will not be able to access BMAS unless your account for your Subscription is in good standing and you are in compliance with these Terms.
You will indemnify us and hold us and our affiliates harmless from all damages, costs, expenses, liabilities and claims incurred by them arising out of any action taken by any person or entity using your username/password on the Site regardless of whether such user was authorised or not. You also waive all claims against us and our affiliates that may arise from your using BMAS.
- Service Termination Cancellation
We may terminate your Subscription and/or your access to and use of BMAS at any time in the event of your actual or suspected unauthorised use of BMAS or non-compliance with the Terms. Such termination will become effective immediately and you will no longer be able to access or use BMAS.
If we terminate or suspend your access to BMAS, you agree that we shall have no liability or responsibility to you and we will not refund any amounts that you have already paid. Service Cancellation: We reserve the right to cancel your Subscription at any time if you fail to pay amounts owing to us when due, violate or breach any of this Agreement,
If you have paid for a Subscription using PayPal and wish to cancel your Subscription you can do so by contacting us through the Customer Service contact form section of the Site. Cancellation of your Subscription will become effective at the end of the then current Subscription period, provided that you have provided notice of your intent to cancel at least forty-eight hours (48h) prior to the end of the then current Subscription period. If you fail to notify us at least forty-eight hours (48h) prior to the end of the then current Subscription period, we reserve the right to charge you the Subscription fees for the following period as originally subscribed.
- License and Assignment
BMAS and the content provided through it are the property of BMAsia (Thailand) Co. Ltd. or its licensors, and we grant you a limited, non-exclusive, revocable licence to make commercial use of BMAS and to receive and play the content made available through it in the Service Area under the Subscription or Trial you have selected (the “Licence”). This Licence shall remain in effect for the period of your Subscription unless terminated by us prior to its expiration.
All our trademarks, service marks, trade names, logos, domain names, and any other features of the BMAS brand are the sole property of BMAsia (Thailand) Co. Ltd.. This Licence does not grant you any rights to use our trademarks, service marks, trade names, logos, domain names, or any other features of the BMAS brand in any manner whatsoever.
Third Party Interest
These Terms are not intended to grant rights to anyone except you and us, and in no event, shall these Terms create any third-party beneficiary rights. Any failure by us to enforce these Terms or any provision thereof shall not waive our right to do so.
Technology Limitation and Modications
We will make reasonable efforts to keep the BMAS operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. We reserve the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the BMAS, with or without notice, all without liability to you for any interruption, modification, or discontinuation of BMAS or any function or feature thereof. You understand and agree that we have no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through BMAS.
Automatic Renewal & Price Changes
If you have paid for your Subscription via PayPal, your payment to us will automatically renew at the end of the subscription period, unless you cancel in accordance with paragraph 6 (above).
If you have paid by using the other payment options on the Site, your Subscription will automatically expire at the end of the subscription period for which you have paid and you will have to repurchase.
We may change the price for the Subscription and/or Plans from time to time, and will communicate any price changes to you. Price changes for Subscriptions and/or Plans will take effect at the start of the next subscription period following the date of the price change. By continuing to use BMAS after the price change takes effect, you are expressing and acknowledging acceptance of the new price.
You understand and hereby agree that BMAS IS PROVIDED “AS IS”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE BMAS AT YOUR OWN RISK. WE DISCLAIM ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. In addition, we do not warrant, endorse, guarantee or assume responsibility for any Third-Party Applications, Third Party content, or any other product or service advertised or offered by a third party on or through BMAS or any hyperlinked website, or featured in any banner or other advertising. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from us or any third party shall create any warranty on our behalf in this regard.
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with BMAS is to stop using it.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE BMAS SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY CONTENT, WITHOUT REGARD TO WHETHER WE HAVE BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO BMAS, THIRD PARTY APPLICATIONS OR THIRD PARTY CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO US DURING THE THREE MONTHS PIOR TO THE CLAIM IN QUESTION.
Nothing in these Terms removes or limits our liability for fraud, fraudulent misrepresentation, death or personal injury caused by our negligence.
These are the entire Terms agreed upon between you and us and supersede any prior agreements in relation to their subject matter, whether written or oral. You represent that you have not accepted these Terms in reliance on any oral or written representations made by us.
Should any provision of the Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms, and the application of that provision shall be enforced to the extent permitted by law.
Choice of law, mandatory arbitration and venue
These Terms are subject to the laws of Thailand, without regard to choice or conflicts of law principles. Further, you and we agree to the exclusive jurisdiction of the courts of Thailand to resolve any dispute, claim or controversy that arises in connection with these
Once your registration has been validated, BMAS will send to you a confirmation email at the email address you provided at the time of registration. Your Subscription to BMAS will only become effective when we send the confirmation email mentioned above.
you can modify your account information, , including the password associated with your BMAS account at any time by clicking on the “My Account” tab on the web site. You hereby agree to inform us, without delay, of any modification to the information you provided at the time of opening your account and in particular any modification of the email address details you provided in connection with your Subscription.
BMAS is only accessible from one connection at a time (personal computer or compatible portable device registered) according the venue area(s) provided at time of Subscription. If we determine that you are simultaneously accessing BMAS from multiple devices or computers, or playing the music in a venue larger than subscribed we may suspend or terminate your Subscription and/or your access to and use of BMAS with immediate effect and without notice to you.
You may purchase additional online listening Subscriptions on your account providing you have an existing Subscription or Subscriptions that are still active. If not, you will have to re-register and subscribe. You should not provide your username and password to any third party, and you have the obligation to protect your username and password from unauthorised use. You will not be able to access BMAS unless your account and your Subscription are in good standing and you are in compliance with these Terms. We do not make or install any of the physical equipment, Internet connectivity or web browser software of other hardware or software you may need to use the Service. BMAS may be unavailable or interrupted from time to time for a variety of reasons, such as unavailability or difficulties with the Internet generally or with your web browser, computer, wiring or network, or Internet service provider and/or other things we cannot or do not control. We do not guarantee continuous, uninterrupted or secure access to BMAS and are not responsible for any noise and/or interruptions that occur.
You may access BMAS until the expiration of your Subscription, as indicated on the subscription page of the Site at the time of such Subscription. Once your subscription has expired or been terminated or cancelled, you have no right to and you hereby agree not to attempt to access or use BMAS.