Terms of Service

This internet dating and social networking application, called Available, (the “App”) is operated by Singles Solution Co., Ltd. (“Company”). The Terms of Use set forth below are binding on all users of this App. By accessing this App, you accept these Terms of Use. Company may change the Terms of Use at any time at its sole discretion. Company reserves the right, at its sole discretion, to deny further or continuing access to the App to any visitor, including, without limitation, any user that Company determines has violated any aspect of these Terms of Use. Company reserves the right, at its sole discretion, to seek and obtain any other remedies available to it pursuant to any applicable laws and regulations or at equity as a result of your breach of these Terms of Use or any other act or omission by you that gives rise to a claim by Company.

Adult users only

This App is not intended for children under 18 years of age. If you are under 18, you are not authorized to use this App and will not be afforded access to any features of this App that allow for you to provide information to us or to share information with other users of this App.

You warrant that you have the right, authority and capacity to enter into and be bound by the Terms and that by using Available you will not be violating any law or regulation of the country in which you are resident. You are solely responsible for your compliance with all applicable local laws and regulations.

You further warrant that you have not been convicted of, nor are subject to any court order relating to assault, violence, sexual misconduct or harassment.

Contents

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the App and to suspend terminate users or reclaim usernames without liability to you. You may not post or send any Content which:

  1. contains expletives or language which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;
  2. is obscene, pornographic or otherwise may offend human dignity;
  3. is abusive, insulting or threatening, or which promotes or encourages racism, sexism, hatred or bigotry;
  4. incorporates the image or likeness of any individual under 18 years of age;
  5. encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence;
  6. is defamatory;
  7. relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
  8. involves the transmission of “junk” mail or “spam”;
  9. contains any spy ware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Avalabe or otherwise; or
  10. itself, or the posting of which, infringes any third party’s rights (including, without limitation, intellectual property rights and privacy rights).

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may, but are not required to monitor or control the Content posted via the App and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the App or obtained by you through the App is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the App or endorse any opinions expressed via the App. You understand that by using this App, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Available be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the App or broadcast elsewhere.

You may not display any personal contact or banking information on your individual profile page (“Profile”) whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you do choose to reveal any personal information about yourself to other users, whether via email or otherwise, it is at your own risk.

Your Rights

You retain your rights to any Content you submit, post or display on or through the App. In order to make the App available to you and other users, Available needs a license from you. By submitting, posting or displaying Content on or through the App, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

You agree that this license includes the right for Available to provide, promote, and improve the App and to make Content submitted to or through the App available to other companies, organizations or individuals who partner with Available for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Available, or other companies, organizations or individuals who partner with Available, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the App.

We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

You are responsible for your use of the App, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Available will not be responsible or liable for any use of your Content by Available in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

Personal safety

COMPANY STRONGLY ADVISES YOU TO USE EXTREME CAUTION BEFORE SHARING PERSONALLY IDENTIFIABLE INFORMATION WITH OTHER USERS OF THIS APP.

Your safety and security are very important to us. The nature of this App promotes the sharing of personal information by users with other users. Company cannot and does not assure that it is safe for you to have direct contact with other users of this App. Current technological developments make it possible for users of the Internet to obtain personal information about, and locate, other users, with very little other information. For example, it is possible to use certain widely available commercial Internet search engines to locate a person’s home solely using that person’s correct name. If you believe that any user of this App is harassing you or is otherwise using personal information about you for unlawful purposes, we encourage you to first inform local law enforcement authorities and then to contact us via support@avalable.com so that we may take appropriate action to block further use of the App by any user who is using this App and information obtained from it for improper purposes.

IF YOU ARE UNDER 18 YEARS OF AGE BUT HAVE IMPROPERLY ACCESSED THIS APP BY PROVIDING FALSE INFORMATION TO US, NOT ONLY ARE YOU AN UNAUTHORIZED USER USING THIS APP IN VIOLATION OF THESE TERMS OF USE, BUT YOU MAY ALSO BE PUTTING YOURSELF AND OTHERS IN DANGER.

By accessing this App, you agree to use any personal information provided to you by other users of this App in a lawful and responsible manner. You further agree that you will not use personal information about other users of this App for any reason without the express prior consent of the user that has provided such information to you.

Privacy

You should appreciate that all information submitted on the App might potentially be publicly accessible. Important and private information should be protected by you. We are not responsible for protecting, nor are we liable for failing to protect, the privacy of electronic mail or other information transferred through the Internet or any other network that you may utilize. See Company’s privacy policy for more information regarding privacy. The privacy policy is incorporated into and a part of these Terms of Use.

Paid Services

If you purchase any Services that we offer for a fee (the "Paid Services"), such as a subscription to our Services or virtual coins (as described below), you authorize Available and our designated payment processors to store your payment information and other related information. You also agree to pay the applicable fees for the Paid Services (including without limitation periodic fees for ongoing subscriptions (the "Subscription Fees") as set forth on the Services) as they become due plus all related taxes (including without limitation sales and use taxes, duties or other governmental taxes or fees), and to reimburse us for all collection costs and interest for any overdue amounts. All fees and charges are nonrefundable and there are no refunds or credits for any partially used Paid Services (including partially used subscription periods) except (i) as expressly set forth in this Agreement, (ii) as otherwise required by applicable law and (iii) at Available's sole and absolute discretion. Fees for the Paid Services may be payable in advance, in arrears, per usage or as otherwise described when you initially purchase the Paid Services. All prices for Paid Services are subject to change without notice (except as otherwise described in this Section 13).

a. Payment Method. Available may, from time to time, offer various payment methods, including without limitation payment by credit card, by debit card, by check, by certain mobile payment providers or by using PayPal. You authorize Available to charge you for Paid Services through any payment method(s) you select when purchasing the Paid Services (the "Payment Method") and you agree to make payment using such Payment Method(s) (we may, from time to time, receive and use updated payment method information provided by you or that financial institutions or payment processors may provide to us to update information related to your Payment Method(s), such as updated expiration dates or account numbers). Certain Payment Methods, such as credit cards and debit cards, may involve agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Methods (the "Payment Method Provider"). If we do not receive payment from your Payment Method Provider, you agree to directly pay all amounts due upon demand from us. Your non-termination or continued use of the Paid Services reaffirms that we are authorized to charge your Payment Method.

Automatic Renewal of Subscriptions. IF YOU PAY FOR A SUBSCRIPTION BY CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD IDENTIFIED ON OUR SERVICES OR A SOCIAL NETWORKING SITE AS INVOLVING AN AUTOMATICALLY RENEWING SUBSCRIPTION) AND YOU DO NOT CANCEL YOUR SUBSCRIPTION AS SET FORTH IN SECTION BELOW PRIOR TO THE END OF THE SUBSCRIPTION TERM, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY EXTENDED AT THE END OF EACH TERM FOR SUCCESSIVE RENEWAL PERIODS OF THE SAME DURATION AS THE SUBSCRIPTION TERM ORIGINALLY SELECTED (FOR EXAMPLE, UNLESS YOU CANCEL, A ONE MONTH SUBSCRIPTION WILL AUTOMATICALLY RENEW ON A MONTHLY BASIS AND A THREE MONTH SUBSCRIPTION WILL AUTOMATICALLY RENEW ON A THREE MONTH BASIS). UNLESS OTHERWISE INDICATED IN ANY APPLICABLE ADDITIONAL TERMS OR COMMUNICATIONS WE SEND TO YOUR REGISTERED EMAIL ADDRESS, SUCH RENEWAL WILL BE AT THE SAME SUBSCRIPTION FEE AS WHEN YOU FIRST SUBSCRIBED, PLUS ANY APPLICABLE TAXES, UNLESS WE NOTIFY YOU AT LEAST 10 DAYS PRIOR TO THE END OF YOUR CURRENT TERM THAT THE SUBSCRIPTION FEE WILL INCREASE. YOU ACKNOWLEDGE AND AGREE THAT YOUR PAYMENT METHOD WILL BE AUTOMATICALLY CHARGED FOR SUCH SUBSCRIPTION FEES, PLUS ANY APPLICABLE TAXES, UPON EACH SUCH AUTOMATIC RENEWAL. YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION IS SUBJECT TO AUTOMATIC RENEWALS AND YOU CONSENT TO AND ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES TO YOUR CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD, AS APPLICABLE) BASED ON THIS AUTOMATIC RENEWAL FEATURE WITHOUT FURTHER AUTHORIZATION FROM YOU AND WITHOUT FURTHER NOTICE EXCEPT AS REQUIRED BY LAW. YOU FURTHER ACKNOWLEDGE THAT THE AMOUNT OF THE RECURRING CHARGE MAY CHANGE IF THE APPLICABLE TAX RATES CHANGE OR IF YOU ARE NOTIFIED THAT THERE WILL BE AN INCREASE IN THE APPLICABLE SUBSCRIPTION FEES.

Security

Company uses industry standard efforts, such as firewalls, to safeguard the confidentiality of your personally identifiable information. However, perfect security does not exist on the internet; Company cannot and does not guarantee that any personally identifiable information provided to us will not become public under any circumstances.

Access and proprietary rights

The content on this App may not be copied, distributed, modified, published, or transmitted in any other manner, including use for creative work or to sell or promote other products. Violation of this restriction may result in infringement of intellectual property and contractual rights of Company or third parties which is prohibited by law and could result in substantial civil and criminal penalties. Available, and other identifying marks of Company are proprietary to Company. You may not use these marks for any purpose without the express prior written consent of Company. Except as expressly set forth above, these Terms of Use do not grant to you any express, implied or other license or right under any patent, trademark or copyright of Company or any third party.

Links

This App may contain links to other websites that are not operated or controlled by Company. Use of these links to access other Internet sites is at your own risk. Company is not responsible for the accuracy, reliability or quality of any information or services provided or products sold at these sites. Company establishes links to other websites for the convenience of its users; however, such links are not intended to be an endorsement of the other website.

Notices and disclaimers

THE CONTENTS OF THIS APP ARE PROTECTED BY COPYRIGHT AND MAY NOT BE COPIED OR OTHERWISE REPRODUCED WITHOUT COMPANY’S WRITTEN PERMISSION EXCEPT AS EXPRESSLY SET FORTH ABOVE. USERS MAY NOT PUBLISH OR CREATE DERIVATIVE WORKS FROM THE CONTENTS OF THIS APP FOR ANY PUBLIC OR COMMERCIAL PURPOSES.

The products and services mentioned or promoted on the App, including password protected information relating thereto may be changed by Company at any time without notice. Information about products or services offered by third parties are referred to on the App for information purposes only. Company’s provision of any such information is not intended to constitute an endorsement or recommendation, by Company, of such products or services.

USE OF THIS APP IS PROVIDED “AS IS, WHERE IS,” AS AN ACCOMMODATION, AND WITHOUT WARRANTY OF ANY KIND, NOR DOES COMPANY PROVIDE ANY WARRANTIES OF ANY KIND IN RESPECT OF ANY GOODS AND SERVICES PURCHASED OR PROVIDED VIA THIS APP (UNLESS OTHERWISE EXPRESSLY STATED IN WRITING IN THE RELEVANT TERMS AND CONDITIONS OF SALE) OR ANY LINKS TO THIS APP. COMPANY EXPRESSLY EXCLUDES ANY EXPRESS OR IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT IN RESPECT OF THIS APP AND ANY GOODS OR SERVICES PURCHASED VIA THIS APP OR ANY LINKS TO THIS APP. IN NO EVENT SHALLCOMPANY BE LIABLE FOR DAMAGES OF ANY KIND INCURRED BY YOU AS A RESULT OF ANY INACCURACY OR ERROR IN THE INFORMATION PROVIDED ON THE APP, ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE APP, OR ANY DEFICIENCY, DEFECT OR FAILURE OF ANY GOODS OR SERVICES PURCHASED OR PROVIDED VIA THIS APP OR ANY LINKS TO THIS APP. COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA OR EQUIPMENT ARISING OUT OF YOUR RELIANCE ON THE INFORMATION PROVIDED ON THIS APP, THE USE OR INABILITY TO USE THIS APP, OR ANY DEFICIENCY, DEFECT OR FAILURE OF ANY GOODS OR SERVICES PURCHASED OR PROVIDED VIA THIS APP OR ANY LINKS TO THIS APP, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY, DEFECT, FAILURE, ERROR OR INTERRUPTION SHALL BE TO REQUEST THAT COMPANY CORRECT THE MATTER OR, IF COMPANY FAILS TO DO SO, TO DISCONTINUE USE OF THE APP OR ANY RELEVANT GOODS OR SERVICES AT YOUR OPTION.

Laws and regulations

These Terms of Use shall be governed by and construed and enforced in accordance with the laws of Thailand without regard to its conflict of law provisions.

Your use of this App is governed by all applicable laws and regulations of Thailand and any state and locality having jurisdiction. Information on this App may be subject to Thailand export control restrictions. Your use of this App may be subject to the laws of other countries if you are not located in Thailand.

Unique and bona fide profile.

You agree to create only one unique profile. In addition, in order to maintain the integrity of the App, by joining, you agree that your use of the App shall be for bona fide relationship-seeking purposes (for example, you may not use the App solely to compile a report of compatible singles in your area, or to write a school research paper). From time to time, we may create test profiles in order to monitor the operation of our services.

Commercial use prohibited

The App is for your personal use only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not join and use the App for any purpose. Illegal and/or unauthorized uses of the App, including collecting usernames and/or email addresses by electronic or other means for the purpose of sending unsolicited email or using personal identifying information for commercial purposes, linking to the App, or unauthorized framing may be investigated and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the App is with our permission, which may be revoked at any time, for any reason, in our sole discretion. At our sole discretion, we may take reasonable steps, including limiting the numbers of emails you send or receive and electronically filtering or throttling or terminating your e-mail.

Conduct

In your digital interactions with other users (including, but not limited to: site messages, instant messages, journal postings, and forum comments), you agree to conduct yourself civilly and respectfully. While using the App, you agree that you shall not under any circumstances harass or make mischief against any other user of the App. Company reserves the right to determine, at its sole discretion, what constitutes harassment or mischief, and where that has occurred; and may, also at its sole discretion, partially or completely deny service to any infringing party.