Legal · Terms of Service
Terms of
Service
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User”, “you”, or “your”) and BIGL TRADING CO., LTD.(“BIGL”, “we”, “us”, or “our”), a private limited company incorporated under the laws of the Kingdom of Thailand, governing your access to and use of our mobile applications — Theavens, VCFCard, and Scheduling— together with any related services (collectively, the “Services”).
By downloading, installing, or using any of our Services, you represent that you are of legal age in your jurisdiction to enter into this agreement, and that you have read, understood, and agreed to be bound by these Terms. If you do not agree, you must not access or use our Services.
Grant of Licence
Subject to your compliance with these Terms, BIGL grants you a limited, non-exclusive, non-transferable, revocable licence to download, install, and use our Applications on devices that you own or control, solely for your personal, non-commercial use.
This licence does not include the right to: sublicense, resell, or distribute the Applications; modify, reverse-engineer, decompile, or disassemble any part of the Applications, except to the extent expressly permitted by applicable law; remove or alter any proprietary notices, labels, or marks on the Applications; or use the Applications to develop competing products or services.
BIGL reserves all rights in and to the Applications not expressly granted under these Terms.
App Store and Platform Requirements
Apple App Store
If you download or access any of our Applications through the Apple App Store, the following additional terms apply. These Terms are concluded between you and BIGL only; Apple Inc. is not a party to these Terms. Apple has no obligation whatsoever to furnish any maintenance or support services for our Applications.
In the event of any failure of an Application to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any) for the Application; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the Application. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be BIGL's sole responsibility.
Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
Google Play
If you download or access any of our Applications through Google Play, your use is also subject to the Google Play Terms of Service. In the event of conflict between these Terms and the Google Play Terms of Service regarding payment, refunds, and device licensing, the Google Play Terms of Service shall take precedence with respect to those matters.
In-App Purchases and Subscriptions
Pricing and Billing
Certain features of our Applications require payment of a one-time fee or a recurring subscription (“Premium Features”). All purchases are processed by Apple Inc. or Google LLC through their respective payment systems and are subject to their billing terms and privacy policies. BIGL does not directly collect or store payment card details.
Prices are displayed in the currency applicable to your App Store or Google Play account territory. BIGL reserves the right to modify pricing at any time; changes will not apply to any subscription period already paid.
Subscriptions and Automatic Renewal
Subscription products automatically renew at the end of each billing period (weekly, monthly, or annually, as selected at the time of purchase) unless you cancel at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period at the then-current price.
Subscription management and cancellation must be performed through your Apple App Store or Google Play account settings. Deleting the Application does not cancel an active subscription.
Free Trials
Where we offer a free trial period, access to Premium Features will commence immediately upon activation. If you do not cancel before the trial period ends, you will be automatically charged the applicable subscription price. We reserve the right to determine free trial eligibility at our discretion.
Refunds
All purchases are processed by Apple Inc. or Google LLC, and refund requests must be submitted directly to the relevant platform in accordance with their respective refund policies. BIGL has no authority to issue refunds for purchases made through the App Store or Google Play. Purchases are generally non-refundable except where required by applicable law or granted by the platform at its discretion.
Acceptable Use
You agree to use our Services only for lawful purposes and in accordance with these Terms. You shall not:
- —Use the Services in any manner that violates any applicable local, national, or international law or regulation, including but not limited to those of the Kingdom of Thailand.
- —Attempt to gain unauthorised access to any portion or feature of the Services, or any other systems or networks connected to the Services.
- —Introduce, transmit, or upload any virus, trojan, worm, logic bomb, or other material that is malicious or technologically harmful.
- —Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying ideas of any part of the Services, except as expressly permitted by applicable law.
- —Scrape, crawl, or otherwise extract data from the Services by automated means without our prior written consent.
- —Use the Services to develop, distribute, or sell any product or service that competes with, replicates, or substitutes for any of our Applications.
- —Impersonate BIGL, any BIGL employee, or any other person or entity, or misrepresent your affiliation with any person or entity.
- —Engage in any conduct that restricts or inhibits any other person's use or enjoyment of the Services, or which, as determined by us, may harm BIGL or users of the Services or expose them to liability.
BIGL reserves the right to suspend or terminate your access to the Services immediately and without notice if we determine, in our sole discretion, that you have violated this Section or any other provision of these Terms.
Intellectual Property
All rights, title, and interest in and to the Services — including but not limited to software code, algorithms, user interfaces, design elements, graphics, text, audio, trademarks, service marks, and trade dress — are and will remain the exclusive property of BIGL TRADING CO., LTD. and its licensors. The Services are protected by copyright, trademark, trade secret, and other intellectual property laws of Thailand and applicable international conventions.
Nothing in these Terms grants you any right, title, or interest in our intellectual property other than the limited licence expressly set forth in Section 1. Any feedback, suggestions, or ideas you provide regarding our Services (“Feedback”) shall be deemed non-confidential and may be used by BIGL without restriction or compensation to you.
Privacy
BIGL does not collect, store, or process personal data about users of its Applications. All data you create within our Applications — including contacts, calendar entries, and subscription records — is processed entirely on your device and is never transmitted to BIGL or any server we operate.
The full description of our data practices is set out in our Privacy Policy, which is incorporated into these Terms by reference. In the event of any conflict between these Terms and the Privacy Policy on matters of data protection, the Privacy Policy shall prevail.
Third-Party Links and Services
Our Applications may display or contain links to third-party websites, services, or resources (including the Apple App Store and Google Play). Such links are provided solely for your convenience and do not constitute an endorsement by BIGL of the content, products, or services available through those third-party resources.
BIGL has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that BIGL shall not be responsible or liable for any damage or loss caused or alleged to have been caused by your use of or reliance on any such third-party resources.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BIGL EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
BIGL does not warrant that: (i) the Services will meet your specific requirements; (ii) the Services will be uninterrupted, timely, secure, or error-free; (iii) any errors or defects will be corrected; or (iv) the Services are free of viruses or other harmful components.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you in their entirety.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BIGL, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES — INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES — ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF BIGL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BIGL'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF: (I) THE AMOUNT YOU PAID TO BIGL FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR (II) ONE HUNDRED UNITED STATES DOLLARS (USD 100).
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.
Indemnification
You agree to defend, indemnify, and hold harmless BIGL TRADING CO., LTD. and its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to: (i) your violation of these Terms; (ii) your use of the Services in a manner not authorised by these Terms; (iii) your violation of any applicable law or regulation; or (iv) your infringement of any third-party intellectual property or other rights.
Governing Law and Dispute Resolution
Governing Law
These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Kingdom of Thailand, without regard to its conflict of law provisions.
Jurisdiction
Subject to the arbitration clause below, you agree to submit to the exclusive jurisdiction of the courts of Bangkok, Thailand, for the resolution of any dispute arising from these Terms or your use of the Services.
Informal Resolution
Before initiating any formal legal proceeding, you agree to first contact us at bigltradingcompany@gmail.com and provide a written description of your dispute. We will make reasonable efforts to resolve the matter informally within 30 days of receipt.
Consumer Rights
Nothing in this Section shall restrict any statutory rights you may have as a consumer under the laws of your jurisdiction that cannot be waived by contract, including rights under applicable consumer protection legislation.
Modifications to These Terms
BIGL reserves the right to revise these Terms at any time. When we make material changes, we will update the effective date at the top of this document and, where required by applicable law or where the change significantly affects your rights, notify you via an in-app notice or email prior to the changes taking effect.
Your continued use of the Services following the effective date of any revised Terms constitutes your acceptance of those changes. If you do not agree to the revised Terms, you must discontinue all use of the Services.
General Provisions
Entire Agreement
These Terms, together with the Privacy Policy and any supplemental terms applicable to specific Services, constitute the entire agreement between you and BIGL with respect to the subject matter hereof and supersede all prior or contemporaneous agreements, representations, warranties, and understandings.
Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions shall continue in full force and effect.
No Waiver
BIGL's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A waiver of any right or provision shall be effective only if in writing and signed by an authorised representative of BIGL.
Assignment
You may not assign or transfer these Terms or any rights granted hereunder without BIGL's prior written consent. BIGL may assign these Terms or any of its rights or obligations hereunder without restriction and without notice to you in the event of a merger, acquisition, or sale of assets.
Force Majeure
BIGL shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, government actions, internet or telecommunications failures, or third-party platform outages.
Contact Information
For questions regarding these Terms, to report a violation, or to seek clarification about your rights and obligations, please contact us:
We endeavour to respond to all substantive legal inquiries within 10 business days of receipt.