1. Service – Description, Conditions and Limitation
Ek-Chai Distribution System Co., Ltd. or Tesco Lotus (the "Company") intends to provide this online service and delivery of goods (hereinafter called the "Service") to individuals and for household purposes only. Legal entities and physical entities – entrepreneurs cannot be customers.

This Service is only available in certain areas. The Company reserves the right not to provide the Service to any customers residing outside the area of Service.

Only people at the age of 20 and over who consent to the Terms and Conditions and Online Purchase Conditions, who give approval for their data to be processed and who duly register can use the Service.

There is a charge for using the Service.

The prices of goods given on the website are only approximate. The Company will offer you a fixed price of goods in the receipt/sale and purchase document upon the time the goods so ordered are delivered to you at the place of delivery you have given to the Company. A contract between you and the Company is only concluded once you agree to accept the goods and the fixed price so offered by the Company. The availability of the goods depends on the Company's stock and the Company does not guarantee the availability of goods displayed on the website.

All requests and the purchase of goods via the Service are governed by the Online Purchase Conditions as specified in this website. You are aware that if you intend to pay for goods online by payment card, during the process of pre-authorising the credit card the Company is entitled to block the sum of 100 (one hundred) Baht from your bank account in order to verify that the payment card is valid. Full authorisation will only be done on the day the goods you requested are delivered and a request to release the full amount corresponding to the price of the goods that you have received will be sent to you bank. The blocked sum of 100 (one hundred) Baht will be released from the block.

If you cancel your request in accordance with these Terms and Conditions and the Online Purchase Conditions, the block according to the previous sentence will be released within a few working days.

Before making a request you shall ensure that your payment card has been activated for online payments by your payment card provider and check whether your payment card's validity expires before the date on which the goods requested are expected to be delivered. If your payment card is going to be invalid on the day the goods are delivered, the Company will not deliver the goods without need to obtain your consent or inform you in advance.

2. Amendments to the Terms and Conditions

The Company is entitled to amend the Terms and Conditions at any time. New Terms and Conditions shall come into force when they are published on http://shoponline.tescolotus.com. It is assumed that you agree to the new Terms and Conditions when you request goods using the Service after an amendment has come into force.

The Company is entitled to end the Service at any time.

3. Registration, Persons excluded from using the Service

You are obliged to give precise and truthful details when registering at http://shoponline.tescolotus.com. If there is a change to your details you shall be obliged to give notice of this change immediately, either via the customer phone line 1712 (or any other telephone number given at http://shoponline.tescolotus.com) or by making an amendment on the web application directly.

You must contact the customer phone line in order to cancel registration.

The Company has the right to immediately suspend or cancel your registration if it has reason to believe that you are in breach of these Terms and Conditions or the Online Purchase Conditions. The expiry or cancellation of registration shall not affect those provisions of the Terms and Conditions and the Online Purchase Conditions which by their nature continue.

In the case that your location is outside the area of Service, the Company will inform you during the process of registration and reserve the right not to provide you the Service.

4. Security

During registration you are asked to create a password for your customer account. You are required to keep this password secret and not disclose it to anyone else. You bear full liability for all action taken from your account. You shall inform the Company without undue delay if you have any suspicion that your password has been misused or accessed by a third party. If there is reason to fear that the Service is being misused or could be misused, the Company has the right to block your account or to ask you to change the password. The Company shall not be responsible to you for damage that you have incurred as a consequence of your password being disclosed or misused

5. Clubcard

You, as a customer registered with the Tesco Clubcard loyalty programme, are entitled to use your Clubcard number when registering at http://shoponline.tescolotus.com. As soon as payment is made for goods the number of points corresponding to the price of the goods received valid at the time of delivery shall be credited to your Clubcard account. If you do not accept certain goods or returns goods within the stipulated period in accordance with the Terms and Conditions and the Online Purchase Conditions, the number of points corresponding to the price of the returned goods valid at the time of delivery shall be deducted from your Clubcard.

6. Protection of Intellectual Property Rights

The Company is the owner and operator of http://shoponline.tescolotus.com. The Company has all copyrights to its own content, including the visualisation and design of the web pages, all illustrations on these pages, as well as databases on the Service website. Anybody who visits http://shoponline.tescolotus.com is a user of this website (the "User") and when using it is obliged to adhere to valid legislation, act in accordance with good ethics and these Terms and Conditions, not damage the Company's good name and rights or the rights of other Users.

In particular, the User shall not:

use the website as a whole or its individual components other than for his/her own use, i.e. he/she shall not copy, download or distribute the contents of the website beyond his/her own needs;
interfere with other Users' use of the website or in any way prevent them from using the website;
interfere in any way with the content or technical nature of the website without The Company's approval;
interfere with the website's security;
use the website to distribute unrequested messages (spam) or chain messages, send viruses or any dangerous or harmful programs to the website;
send messages to the website containing viruses or any dangerous or harmful programmes;
create fake messages in order to falsify a User's identity or try to get into other Users' accounts.

7. Unauthorised Use of the Service

Unauthorised use of the Service is forbidden. The following are considered unauthorised use:

the distribution of content that is annoying, defamatory, against human dignity, discriminatory from the point of view of religion, belief, race or gender, that promotes violence or any other unlawful action or the violation of sectoral rules;
the distribution of content that threatens public order or the legitimate interests of another Customer, User or any of the companies in the Company's or Tesco group;
the gaining of unauthorised access to other computer systems;
preventing another Customer from being unable to use the Service;
an infringement of rights concerning the use of a public electronic communications network;
the disruption or interruption of networks or websites connected to http://shoponline.tescolotus.com;
the creation, distribution or storage of electronic copies of documents and materials that are protected by Copyright without their owner's prior consent.

The Company has the right to remove harmful content from the website and to demand and exact the payment of damages in full from a User that has caused the Company damage through the unauthorised use of the Service. Damage includes any damage caused to the Company or another company in the Company's or Tesco group or damage claimed against the Company that third parties have incurred as a consequence of the unauthorised use of the Service by a User. Damage means both direct damage and also any costs and expenses necessarily incurred in exercising the right to compensation and the removal of a defective state that the unauthorised use of the Service has caused. A pecuniary fine that the competent administrative authority has imposed on the Company for an infringement of legal regulations as a consequence of the unauthorised use of the Service by the User shall be deemed damage.

8. Availability of the Service

The Company takes every effort to improve the quality of the Service. Nevertheless, in view of the Service's technical aspects, it cannot guarantee you one-hundred percent availability of the Service or that it will be trouble-free. If a technical error occurs, you can report the defect on the customer phone line and the Company will try to remove the defect without undue delay.

The Company reserves the right to restrict Users' access to http://shoponline.tescolotus.com for the period necessary to carry out repairs or maintenance or to upgrade the system or implement new system elements.

The Company endeavours to ensure the maximum possible availability of the Service and its gradual expansion to other regions of Thailand. You will receive information about the availability of the Service during the process of making a request using the web Service.

9. Liability

Despite the Company taking every effort to ensure the accuracy, factual correctness and relevance of the contents of http://shoponline.tescolotus.com, it cannot always guarantee this for the User. For this reason the Company does not provide any guarantee in this sense and is not liable for errors, omissions or technical difficulties that may occur when using the website. If the Company discovers that the contents are incorrect and if it is technically possible and economically viable, it shall correct the contents as quickly as possible.

The Company shall not be liable for:

the contents of websites belonging to third parties that can be visited via http://shoponline.tescolotus.com, links to third parties' websites placed on http://shoponline.tescolotus.com, an advertisement or other form of promotion done by any third party via the Service website;
content placed on the Service website without its consent or knowledge if it is not technically possible or viable for the Company to prevent its use;
the incompatibility of http://shoponline.tescolotus.com with your terminal equipment and software or your connection to the electronic communication network;
technical difficulties, including connection errors and failures with http://shoponline.tescolotus.com.

The provisions of this Article do not affect the Company's liability for defects in products that you have purchased using the Service in accordance with general legal regulations.

10. Protection of Personal Data and Consent for its Processing

In processing your personal data, the Company shall treat the personal data it acquires as confidential. You give the Company your consent to process the data that you have provided for the purpose of:

providing the Service, in particular receiving a request, processing it and delivering goods to its destination, payment transactions, billing the service, communication with you when carrying out the request etc.;
providing you with information about products, services and discount offers provided by the Company (in particular by email, telephone, SMS or MMS).

You give your consent to process the data that you have provided during your registration.

If you use the service via the customer phone line, you agree to your calls possibly being recorded in order to assess and improve the quality of the services provided.

The Company declares that the data shall be processed only in accordance with the purpose expressed in this consent.

You shall provide the data voluntarily via the Service web application or the customer phone line.

11. Final Provisions

These Terms and Conditions, as well as all the commitments arising as a consequence of the use of the Service, shall be governed by Thai law. The settlement of any disputes shall come fully under the jurisdiction of the Thai courts according to the Company's registered address.

In the event of a discrepancy between the Thai and English versions of the Terms and Conditions or the contents of http://shoponline.tescolotus.com the Thai version shall prevail.

If a certain provision of the Terms and Conditions is found inappropriate or invalid, the invalidity of such provision shall not affect the other provisions of the Terms and Conditions which shall remain valid and in force.

If, in the event of an individual or repeated breach of the Terms and Conditions, the Company does not exercise the rights that it has as a consequence of the breach, this can in no way be considered a waiver of right and shall not affect the Company's rights to enforce such performance. If the Company excuses a breach of a certain provision of the Terms and Conditions, this shall not be understood as an excuse of future breaches of this provision or other breaches of other provisions of the Terms and Conditions.

The Company shall not be liable for a breach of the Terms and Conditions or the Online Purchase Conditions if it was caused by circumstances excluding its liability.