INTRODUCTION
This page explains the Terms and Conditions and the Disclaimer for ASEAN Access MATCH.
Interpretation
The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
- Members refers to the organisations who are members of the national administration teams (also referred to as “Us/Our/We”) in ASEAN Member States and any other organisations or individuals who might be given administration rights to the ASEAN Access MATCH.
- Platform refers to ASEAN Access MATCH, accessed via https://match.aseanaccess.com/ (can be referred to also as “ASEAN Access MATCH” within this document).
- User means the individual or a company accessing the Platform, or other legal entity on behalf of which such individual or company is accessing or using the Platform, as applicable. Users of the Platform should be of age (Users can also be referred to as “You” within this document).
- Services refer to any events and matchmaking, and event and matchmaking related services offered through ASEAN Access MATCH.
- Content refers to any content, information, data and documents, images, videos, price information, and other information of similar nature, published or uploaded on the Platform.
ASEAN ACCESS MATCH TERMS AND CONDITIONS
- TERMS AND CONDITIONS AND ACCEPTANCE
- Read these ASEAN Access MATCH Terms and Conditions (“Terms”) carefully. ASEAN Access offers this Platform to You, Your employees and any other entity on whose behalf You accept these Terms, subject to these Terms. These terms are entered into by and between ASEAN Access MATCH and You, and You accept them by; (a) buying a ticket for one of Our events, (b) registering to one of Our free events, (c) sign up as a member to Our platform, (d) using the platform in any other manner; and (e) acknowledging agreement with these terms. If You do not agree to all of these Terms, do not use this platform.
- This Platform includes without limitation: (a) Services accessible via the Platform; (b) information such as technical, contractual, product, program, pricing, marketing, and other valuable information; and (c) content such as data, text, software, music, sound, photographs, graphics, video, messages, or other materials. If You are using the Platform on behalf of Your employer, You represent and warrant that You are authorised to accept these Terms on Your employer’s behalf.
2. YOUR OBLIGATIONS AND CONDUCT
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- In consideration of Your use of the Platform, You agree to: (a) provide accurate, current, and complete information about You as may be prompted by a registration process on the Platform (the “Registration Data”); (b) maintain the security of Your password and identification; (c) maintain and promptly update the Registration Data, and any information You provide to ASEAN Access MATCH, to keep it accurate, current and complete; and (d) accept all risks of unauthorised access to information and Registration Data.
- You are entirely responsible for all Content that You upload, post or otherwise transmit via the Platform. You agree not to upload, post or otherwise transmit via the Platform Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to ASEAN Access MATCH or other Users of the Platform; (b) includes unauthorised disclosure of personal information; (c) violates or infringes anyone’s intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. ASEAN Access MATCH reserves the right to edit or remove Content that violates these Terms or that contains third-party commercial advertisements.
- You agree that You will not use the Platform to: (a) transmit spam, bulk or unsolicited communications; (b) pretend to be ASEAN Access MATCH or someone else, or spoof ASEAN Access MATCH or someone else’s identity; (c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content transmitted through the Services; (d) misrepresent Your affiliation with a person or entity; (e) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other Users’ ability to use the platform; (f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (g) collect or store personal data about other Users.
3. ASEAN ACCESS MATCH EVENTS AND MATCHMAKING MEETINGS’ CODE OF CONDUCT:
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- ASEAN Access offers the Services in good faith, with the view to support businesses in finding cross-border business contacts and internationalisation support. ASEAN Access MATCH is also the official regional matchmaking platform, and Our image and professionalism are important to Us and Our Users. Therefore, we expect all Users to comply with the following:
- When entering personal, company or opportunity level information, please keep the text informative, factual and avoid unnecessary marketing speech. Please refer to the “Help” page for specific guidelines on what kind of information to include in each section.
- When You register for a matchmaking event, you can schedule meetings with other Users, either by 1) sending a meeting request that the other User accepts or by 2) accepting a meeting request that the other User sends to You. You can also reject meeting requests and reschedule or cancel meetings before they are due to take place. Therefore, You are expected to attend the pre-scheduled meeting(s) if You haven’t cancelled or rescheduled a previously scheduled meeting. In case You don’t attend the meeting(s), We have the right to take the following action:
- If You miss a meeting or meetings (at the same matchmaking event) for the first (1st) time, We have the right to give you a written warning.
- If You miss a meeting or meetings (at the same matchmaking event) for the second (2nd) time, We have the right to block your access to ASEAN Access MATCH for three (3) months.
- If, after the abovementioned three (3) month period, You miss a meeting or meetings (at the same matchmaking event) at the next matchmaking event You register for, We have the right to suspend Your account again for a time deemed appropriate by Us, or to terminate Your account on ASEAN Access MATCH.
- When you register for a non-matchmaking event, We expect You to attend. Because You cannot cancel Your registration through Your own account and need to email or ask Us to cancel Your registration for you, You should inform Us as soon as reasonably possible, depending on individual circumstances. If You do not attend more than 2 events without prior cancellation, We have the right to suspend Your account for three (3) months. If, after the aforementioned three (3) months period, You again fail to cancel Your registration at an event that You do not attend, We have the right to suspend Your account again for a time deemed appropriate by Us, or to terminate Your account on ASEAN Access MATCH.
Our aim is to offer high quality events and matchmaking to all Users, therefore professional conduct and keeping pre-scheduled appointments by all Users are key components of Our Service and quality assurance.
4. ASEAN ACCESS MATCH POST-MEETING CODE-OF CONDUCT:
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- We need to obtain feedback from Users in order to evaluate the benefit and measure impact of the Services. After each matchmaking event, if We ask for it, You are required to give Us feedback on the outcome of the meeting(s), and the prospects of future business/technology/research collaboration of any kind.
- We also need to evaluate the tangible impact of matchmaking events and meetings, so We will ask You for information about the financial impact/benefit that You have gained in case a meeting led to actual cooperation of any form. Such information could include, but is not limited to the following: increase in turnover, profit earned, money saved, increase in employees, new product launched, new market penetrated.
- We may ask for such feedback immediately after the matchmaking event, and then later in the future.
- If you refuse to provide feedback as explained in section 5.a. and 5.b. We can give you a written warning, suspend your account for a length of time determined by Us, or terminate Your ASEAN Access MATCH account.
- We might want to use the feedback You have provided Us to promote ASEAN Access MATCH and prepare marketing materials. We will always ask You by email if We can include Your feedback in such promotional materials and activities. You will always approve Your feedback We plan to use, before it is published and can withdraw Your consent at any time before the promotional material has been published. .
5. CONFIDENTIALITY OF ASEAN ACCESS MATCH INFORMATION
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- You may obtain direct access via the Platform and as a result of matchmaking events, to certain confidential information provided through ASEAN Access MATCH, including, without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential (“Confidential Information”). You must hold Confidential Information in strict confidence and not share it with third parties without the explicit permission of the owner/author of the Confidential Information.
- The Terms impose no obligation upon You with respect to Confidential Information that You can establish by legally sufficient evidence that: (a) You possessed prior to Your receipt of said information from ASEAN Access MATCH, without an obligation to maintain its confidentiality; (b) the Confidential Information is or becomes generally known to the public through no act or omission by You, or otherwise without violation of the Terms; (c) You obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) You independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, as otherwise required by law.
6. CONTENT SUBMITTED TO ASEAN ACCESS MATCH
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- ASEAN Access MATCH does not claim ownership of the Content You place on the Platform and shall have no obligation of any kind with respect to such Content. Unless otherwise stated herein, or in ASEAN Access MATCH’s Privacy Policy and Disclaimer, any Content You provide in connection with this Platform shall be deemed to be provided on a nonconfidential basis to ASEAN Access MATCH. ASEAN Access MATCH shall be free to use or disseminate such Content, that does not constitute as personal information, in digital and non-digital form for marketing purposes. You represent and warrant that You have proper authorisation for the worldwide transfer and processing, among ASEAN Access MATCH of any information, excluding certain Personally Identifiable Information, that You may provide on the Platform.
- ASEAN Access MATCH reserves the right to monitor, restrict access to, edit or remove any Content that is available via the Platform in relation to section 3.b.
7. DELIVERY OF EMAIL
ASEAN Access MATCH will attempt to deliver all messages, via email, that are addressed to Your user account on the Platform. However, the nature of email is such that ASEAN Access MATCH cannot guarantee delivery of such email.
8. INDEMNITY
You agree to indemnify and hold ASEAN Access MATCH harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your Content, Your use of or connection to the Platform (including any use by You on behalf of Your employer), Your violation of the Terms, or Your violation of any rights of another.
9. NOTICES; MODIFICATION AND TERMINATION OF SERVICES; AMENDMENT OF TERMS
ASEAN Access MATCH may provide notice to You via email, or by posting notices or links to notices on the Platform. ASEAN Access MATCH reserves the right at any time to modify, suspend or terminate the Services (or any part thereof), and/or Your use of or access to them, with or without notice. ASEAN Access MATCH may also delete, or bar access to or use of all related Information and files. ASEAN Access MATCH will not be liable to You or any third-party for any modification, suspension, or termination of the Services, or loss of related information.
10. CONTENT PROVIDED VIA LINKS
You may find links to other Internet sites or resources on the Platform. You acknowledge and agree that ASEAN Access MATCH is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. ASEAN Access MATCH will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such site or resource.
11. INTELLECTUAL PROPERTY RIGHTS
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- Except as expressly authorised by ASEAN Access MATCH or by Content providers, You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works or the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software ASEAN Access MATCH discloses to You, and You must not remove or modify any copyright or trademark notice, or other notice of ownership.
- “ASEAN Access MATCH Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations that ASEAN Access MATCH uses in connection with its products and services. You agree to comply with the ASEAN Access MATCH Trademark and logo usage requirements. You may not remove or alter any ASEAN Access MATCH Trademarks, or co-brand Your own products or material with ASEAN Access MATCH Trademarks, without ASEAN Access MATCH’s prior written consent. You acknowledge ASEAN Access MATCH’s rights in ASEAN Access MATCH Trademarks and agree that any use of ASEAN Access MATCH Trademarks by You shall inure to ASEAN Access MATCH’s sole benefit. You agree not to incorporate any ASEAN Access MATCH Trademarks into Your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services, or technologies.
- ASEAN Access MATCH is committed to respecting others’ intellectual property rights, and We ask Our Users to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement on Our platform, please contact Us by email on match@aseanaccess.com.
- Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. Permission is granted to display, copy, distribute and download Content owned by ASEAN Access MATCH on this platform provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., “Used with permission”) is added to such Content and has been obtained with explicit permission of the Members; (b) the use of such Content is solely for personal and non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if You breach any of the terms or conditions in this Section 12.b. Upon termination, You must immediately destroy any downloaded and/or printed Content.
- Section 12.b does not apply to the organisations that are part of the Members.
12. DISCLAIMER OF WARRANTIES
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- Your use of the Platform is at Your sole risk unless otherwise explicitly stated. The Platform, including the information, Services and Content (as defined in section 2) Is provided on an “as is”/ “as available” and “with all faults” basis. ASEAN Access MATCH disclaims all express or implied conditions, representations, and warranties of any kind, including any implied warranty or condition of merchantability, satisfactory quality, fitness for a particular purpose, or noninfringement. ASEAN Access MATCH makes no representations, warranties, conditions or guarantees as to the usefulness quality, suitability, truth, accuracy or completeness of the Platform.
- ASEAN Access MATCH makes no warranty or representation that: (a) the Platform will be uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the Platform will be accurate or reliable; (c) the quality of any products, Services, Content, information, or other material purchased or obtained from or accessed through the Platform will meet Your expectations or requirements; or (d) any errors in the Platform will be corrected.
- You assume all risk for any damage to Your computer system or loss of data that results from obtaining any content from the Platform, including any damages resulting from computer viruses.
13. LIMITATION OF LIABILITY
To the full extent permitted by law, ASEAN Access MATCH is not liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with the Platform, even if ASEAN Access MATCH has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation damages due to: (a) the use of or the inability to use the Platform; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained, or messages received or transactions entered into, through or from the Platform; (c) statements or conduct of any third party on the Platform, including without limitation unauthorised access to or alteration of transmissions or data, malicious or criminal behaviour, or false or fraudulent transaction; or (d) content or information You may download, use, modify or distribute.
14. GENERAL TERMS
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- These Terms constitute the entire agreement between You and ASEAN Access MATCH relating to their subject matter and cancel and supersede any prior versions of the Terms. No modification to the Terms will be binding, unless in writing. You must not assign or otherwise transfer the Terms, or any right granted hereunder. You also may be subject to additional Terms that may apply when You use third-party products, or services accessed through the Platform.
- Services, Content, and products derived or obtained from or through this Platform may be subject to export laws and the export or import laws and regulations of Your own or of other countries. It is Your responsibility to comply with all such laws and regulations.
- Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.
15. PAYMENTS
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- ASEAN Access MATCH does not operate a centralised payment system, and We cannot receive payments. If an event (both non-matchmaking and matchmaking event) organised on the Platform requires a participation fee, this is a decision taken by the individual organiser(s) of the event. Such payments will be made through third-party payment systems used by the organiser(s) and ASEAN Access MATCH does not assume any responsibility or liability for any technical, financial, security or other issues resulting from the transactions. All questions regarding the payment must be addressed to the event organiser(s) (Members of ASEAN Access).
- In case You are dissatisfied with an event or matchmaking that You paid for, which was organised on the Platform, the question of refunds and any other disputes will be settled directly between You and the event organiser(s) (Members).
ASEAN ACCESS DISCLAIMER
16. DISCLAIMER OF LIABILITY
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- Under no circumstances shall We be liable for any special, direct, indirect, consequential, or incidental loss, damages, liability or expense incurred or suffered that is claimed to have resulted from the use of this Platform or arising in connection with the use of the Service or the Content of the Service, including, without limitation, any fault, error, omission, interruption or delay with respect thereto;
- We will do Our best to encourage all matchmaking event participants to book and accept meetings, but We cannot guarantee that all participants, who have accepted meeting requests, will join the meeting that they have accepted. Nor can We guarantee that there will be enough relevant participants and meetings for everyone, at any given time.
- The use of this Platform is at Your sole risk. Under no circumstances, including but not limited to negligence, shall We be liable for any direct, indirect, incidental, special or consequential damages, even if We have been advised of the possibility of such damages.
- You specifically acknowledge and agree that We are not liable for any conduct of any User of this Platform.
- The Content of the Platform may contain advice, opinions and statements of various information providers. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information provided by any information provider, any User of this Platform or any other person or entity. Reliance upon any such advice, opinion, statement, or other information shall also be at Your own risk. Neither We nor any of Our respective agents, employees, information providers or Content providers, shall be liable to any User or anyone else for any inaccuracy, error, omission, interruption, deletion, defect, alteration of or use of any content herein, or for its timeliness or completeness, nor shall they be liable for any failure of performance, computer viruses or other harmful components or, communication line failure, regardless of cause, or for any damages resulting therefrom.
- As a condition of use of this Platform, the You agree to indemnify Us and our affiliates from and against any and all actions, claims, losses, damages, liabilities and expenses (including reasonable attorneys’ fees) arising out of Your use of this Platform, including, without limitation, any claims alleging facts that if true would constitute a breach by the User of the Terms and Conditions of the Service. If You are dissatisfied with any Services of this Platform or with any of the Terms and Conditions of Use, Your sole and exclusive remedy is to discontinue using the Platform.
17. THIRD PARTY DISCLAIMER
This Platform may contain links and references to third-party websites. The linked sites are not under the control of or maintained by Us, and We are not responsible for the content of any linked website, or any link contained in a linked website. We provide these links only as a convenience, and the inclusion of a link or reference does not imply the endorsement of the linked website by Us. We do not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.
18. DISCLAIMER OF ENDORSEMENT
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- The purpose of any linked reference from the Platform to any specific external resource, online service or a website, is to enhance the information available on the Platform and help visitors to those websites.
- Such linked references do not constitute endorsement by Us of the specific external resource, online service or a website, nor endorsement of the information contained in the linked reference, nor endorsement of the organisations owning the external websites.
19. PRESERVATION OF IMMUNITIES
Nothing herein shall constitute or is considered to be a limitation upon or a waiver of the privileges and immunities of the Members, which are specifically reserved.
20. GENERAL
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- The Members reserve their exclusive right in its sole discretion to alter, limit or discontinue the Platform or any Service in any respect. The Members shall have no obligation to take the needs of any User into consideration in connection therewith.
- We reserve the right to deny in its sole discretion any User access to this Platform or any portion thereof without notice.
- No waiver by the Members of any provision of these Terms and Conditions shall be binding except as set forth in writing and signed by its duly authorised representative.
CONTACT, INQUIRIES OR SUGGESTIONS
If You have questions or concerns about Our Terms and Conditions, Privacy Policy or Legal Disclaimer, use, or disclosure of Your personal information, please email Us at match@aseanaccess.com or write to us:
The Office of SMEs Promotion
21 TST Tower, FL.G,17,18,23 Viphavadi-Rangsit Rd.,
Chomphon, Jatujak,
Bangkok 10900,
Thailand
22 June, 2023