GOALPRIZE TERMS OF SERVICE AGREEMENT (“GTS”)

This English GTS prevails over all foreign translations.

Most recent update: March 26, 2024

Agreement coverage

This Goalprize Terms of Service ("GTS", or "Agreement") sets forth the general terms and conditions of your use of the Goalprize.com website ("Website"), "Goalprize" mobile applications ("Mobile Applications") and any related products and services (collectively, "Services").

By accessing and using the Services, or accepting the Agreement, you acknowledge that you have read, understand, and agree to be bound by the terms of this Agreement.

The Agreement may be amended or updated from time to time in which we encourage you to frequently review the GTS, by continuing to use the Goalprize Services you agree and accept to abide by the GTS in whatever is its most recently updated version.

Parties to Agreement

This Agreement, hereby, is legally binding between you ("User", "customer", "you" or "your") and FastUsers Company Limited ("FastUsers Company Limited", "we", "us , our", "Goalprize" or "Goalprize Business"). If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access or use the Services.

Goalprize is solely owned and operated by FastUsers, Limited Company.

Definitions

"Counted Visits" or Counted Visit are/is the customer s visits only for that one Goalprize campaign at the Restaurant hosting a Goalprize campaign after the campaign has started and before the End where the Minimum Spending is met.

"Customer" is only a customer of the Restaurant who uses an active account during an active Goalprize campaign to request points after paying before the End of the campaign or Deadline whichever is soonest or redeems credits before paying their bill using the Goalprize software and proper procedure for requesting points and redeeming credits.

"Deadline" is the end date and time of a Goalprize campaign set by the Restaurant and approved by us by which the Goal must be achieved for this Goalprize campaign to be called Successful.

"Discount Credits" are the units on a digital gift card which can be used as a discount toward Qualified Spending when properly redeemed only at the Restaurant that hosted a Successful Goalprize campaign before the Expiration Date.

"End" is when a Goalprize campaign (1) is completed due to the Goalprize campaign having been Successful, or (2) having Failed, (3) is suspended, terminated, or halted due to a legal requirement to do so, or (4) upon our discretion.

"Expiration Date and Time" is the given last date and time at which the Discount Credits can be redeemed which means all the actions necessary to complete the redemption process by the customer, restaurant and system have been completed not only that these actions have started.

"Failed" or "Fails" is when the Goalprize campaign did not achieve its Goal before the Deadline or is suspended, terminated, or halted due to a legal requirement to do so, or upon our discretion.

"Green Zone is an area of an active Goalprize campaign Leaderboard whereby if this particular Goalprize campaign for which the Leaderboard tracks the points earned and ranking of accounts participating in this campaign, were to successfully end immediately at the time being viewed and before the Deadline those accounts, which are ranked high enough to be called a winner according to this GTS and the Rules of this Goalprize campaign, would win. However, the rankings are always changing until a campaign ends and therefore no winner is guaranteed even if at some point in time they are in the Green Zone.

"Goal" is the number of Counted Visits the Restaurant hosting the Goalprize campaign is seeking to achieve after the Start of the Goalprize campaign and before the Deadline using our service to keep track of the various numbers involved with this Goalprize campaign.

"Goalprize campaign" is an event where a Restaurant approved by us uses our Services seeking to gain a certain number of customer visits, referred to as "The Goal", before a Deadline.

"Granting of Points" is a procedure in the Services where a representative of the Restaurant hosting the Goalprize campaign grants Points for qualifying purchases after a bill is paid and after receiving a Request for Points from a participating customer.

"Menu" is any written list that indicates food or drink for sale at that restaurant including both handheld menus either paper or electronic and menus on the wall of the Restaurant or an oral list given by the Restaurant to the customer.

"Minimum Spending" is the amount that must be spent on a paid bill per visitor on that bill reported by the customer and accepted as a true by the Restaurant using the Goalprize software system to qualify as a Counted Visit at that Restaurant hosting a Goalprize campaign after the campaign has started and before the End which excludes Unqualified Items, relevant tax, service charges and tips. For example, if the Minimum Spending requirement is 100 THB per person and 999 THB was spent on a bill (excluding the Unqualified Items, relevant tax, service charges and tips) by a group of 10 people then it would count as only 9 Counted Visits not 10. If there is a dispute between the Restaurant and the customer the decision of the Restaurant will prevail.

"Points" are those given by the Restaurant hosting a Goalprize campaign to a participating customer for Qualified Spending that customer made during the Goalprize campaign but only if customer requests and receives points before the End of a Goalprize campaign which could end suddenly. For an avoidance of doubt, the number of Counted Visits a customer makes will not be considered as Points.

"Prize" is a digital gift card with Discount Credits that a Successful Restaurant grants to the Winner/Winners using the Goalprize software system that can be used at the given Restaurant before the Expiration Date and Time.

"Qualified Spending" is the all spending made at the Restaurant hosting an active Goalprize campaign by the Customer which does not include Unqualified Items, relevant tax, service charges or tips.

"Redeeming Credits" is a procedure whereby a customer with Discount Credits on a Goalprize Digital Gift Card requests that their bill be reduced by the number of Discount Credits from Qualified Spending from such Successful Restaurant they want to redeem.

"Rules of this Goalprize campaign" are the written rules indicated inside the Goalprize application that clarify what specific events are necessary to occur for a Customer using an active Goalprize account to win a Prize in addition to their compliance and agreement with this GTS.

"Restaurant" refers to a either a sit-down restaurant or food vendor who has been approved by us to use our Service and approved to Start a Goalprize campaign.

"Request for Points" is a procedure in the Services where the participating customer requests points for Qualified Spending during a Goalprize campaign from the Restaurant after paying their bill.

"Successful", "Success", or "Succeed" is when the Goalprize campaign achieves its Goal before the Deadline or the End.

"Successful Restaurant" is the Restaurant who hosts Goalprize campaign in which such Goalprize campaign became Successful.

"Unqualified Items" are items prohibited by law from promotion or advertisement such as alcohol, tobacco, diapers, and some other goods and services and any item not sold on a menu of the Restaurant hosting the Goalprize campaign.

"Winners" or Winner are/is the participating customer(s) who were ranked the highest, the minimum ranking level for being a Winner having been set before the Goalprize campaign started and explicitly stated in the Rules of this Goalprize. Ranking levels of participating customers are based on the number of points received by that participating customer in relation to other participating customers. Points only exist during an active Goalprize campaign after the Start and before the End. Points are not kept nor do they have any value beyond the End of a Goalprize campaign although it may be possible to view them.

A. Accounts and Membership

1. Eligibility

(i) You must be at least 20 Years of age to use the Services. By using the Services and by agreeing to this Agreement you warrant and represent that you are at least 20 years of age and able to form legally binding contracts; or

(ii) You are the parent of a person under age 20 (a "minor") who and you have authorized this minor to use your Goalprize account,

(iii) A lawful representative of a juristic person duly incorporated by applicable law in any jurisdiction.

2. Usage

(i) If you create an account on the Services, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services.

(ii) It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. Providing false information of any kind may result in the termination of your account.

(iii) You must immediately notify us of any unauthorized uses of your account or any other breaches of security, as verified by us responding by email that we received your notification. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

3. Account Suspension and Termination

(i) We reserve the right to suspend, disable, or delete your account (or any part thereof) suspend or terminate your access to the Services and terminate your Points and Credits without compensation or notice for any reason including the following:

- if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill.

- If you provide false information.

- If you violate any laws including but not limited to laws outlawing certain types of information or images.

- We reasonably suspect or aware that the Customer is using the account or the Services in connection with Prohibited Uses (Please see Clause L below).

(ii) You may suspend or terminate, in your sole discretion, your use of the Services at any time by contacting us by email at suspend@goalprize.com via the most recent email you use to access your Goalprize account. Your Goalprize account is identified through your "G-ID" number.

(iii) In case of the revision or update of the Agreement or any agreement or policies in relation to our Services and the customer decides to not accept such revision or update, you understand and acknowledge that you are not able to receive Points, redeem Credits, receive digital gift cards or utilize the other features on the Services. In this regard, you are ineligible to receive Credits, Counted Visits(s), and/or potential or actual value of Points.

(iv) In case the customer's account is being suspended, disabled, deleted, or terminated due to any reason, the customer agrees that Goalprize shall have no liability to the customer for any loss, damage, or obligations arising thereby. The customer further agrees that such suspension, disable, deletion, or termination of the customer's account does not relieve the customer from any obligations, liability, or damages incurred thereby (if any).

B. Participation in Goalprizes as a Customer

The customer understands and agrees to the following:

1. Each Goalprize campaign is subject to the rules of that particular Goalprize campaign which may differ from other Goalprize campaigns. To participate as a customer in the Goalprize campaign, the customer must comply with this Agreement and also with the "Rules of this Goalprize Campaign" of that particular Goalprize campaign which may state, among other things: how to gain Points, how to win Prizes, the Start and the End, the Minimum Amount to spend on each Counted Visit, the number of Counted Visits that is the Goal of this particular Goalprize campaign, the minimum ranking to be a Winner, the maximum value of Prize, and the Expiration Date and Time of any discount credits won.

2. A Goalprize campaign can be put on hold or cancelled if required by law or for any other reason.

3. Points can not be given or received nor can Discount Credits be redeemed without the Request for Points including a photo of the receipt of the paid bill from which the request is made from the Restaurant hosting the Goalprize campaign during that Goalprize campaign and before this campaign has Ended or the Request to Redeem Credits including an unpaid bill or invoice from the Restaurant that hosted the Goalprize campaign that clearly shows: 1. the Restaurant's name, 2. the date and time, 3. the subtotal, 4. service charge if any and 5. total. For an avoidance of doubt, the conditions in regard to Points and Counted Visit(s) shall be in accordance with the terms and conditions set out herein.

4. Points and Discount Credits are not allowed nor intended to be exchanged for cash, nor any other type of similar value other than those specified herein. The customer acknowledges and agrees that Points and Credits granted are not a cash voucher and shall not be treated as such.

5. Users may not let other people use their account, nor transfer Points or Discount Credits to other users, except parents or legal guardians who allow those under age 20 to use their account.

6. Prior to the End of a Goalprize campaign it is solely the customer's responsibility to make a Request for Points sufficiently in advance to give employees or representatives of the Restaurant sufficient time to grant the Points and Counted Visit(s).

The customer will not receive the requested Points after the time at which Goalprize campaign Ends even if a participating customer made qualified purchases before the End by failing to submit a Request for Points in a sufficient time in advance of such End; or If the Request for Points is pending due to the delayed approval or deemed disapproved of Points or Counted Visits(s) granted by the Restaurant (For further details, please see Section C Clause 7 below).

In this regard, it is preferable for the customer to be aware of Goalprize campaigns' status in relation to the Goal and make a Request for Points as soon as possible to avoid any issues therefrom. We shall not be responsible or held liable for any damages arising therefrom.

7. Customer understands and agrees that all points for a specific restaurant's Goalprize campaign are lost if that campaign fails as defined in this Agreement. Points they may have earned for other restaurant's Goalprize campaigns are not affected in this case.

8. The Goalprize campaign might promote its Prize as being "Win What You Spend" but will have a maximum value of Prize less than the total amount the customer spent during the Goalprize campaign for many reasons including, but not limited to: only qualified spending counts to earn points or credits, no points will be given or credits redeemed for alcohol, cigarettes, tax or service charges or tips, the customer could fail to request points sufficiently before the campaign ends, the customer could fail to redeem their credits sufficiently before the Expiration Date and Time indicated, the restaurant owner could fail to properly redeem credits or for reasons outside of the control of Goalprize and also there is a Maximum Prize Limit. Currently the Maximum Prize Limit is 50,000 Thai Baht (THB).

9. In addition to the other requirements for requesting Points and redeeming Discount Credits, the customer must make a Request for Points or a Request to redeem the Discount Credits before the closing of the Restaurant's business hours for the given date.

10. Leaderboards only show the Points a participating customer has earned for a single Goalprize campaign hosted by a single Restaurant.

11. A customer can either gain Points or redeem Discount Credits on a bill. The customer can not use the same bill to both gain Points and redeem Discount Credits.

12. The Discount Credits won by the customer must be redeemed before the Expiration Date and Time indicated on the Digital Gift Card. If there is no Time indicated therein, the Discount Credits must be redeemed before (i) 8:59 pm on the Expiration Date, or (ii) before the closing of the Restaurant's business on the Expiration Date whichever is the earliest. Any Discount Credits not redeemed by the customer within the conditions above will be considered as void and expired. Customers accept and agree that the customer might not be able to redeem Discount Credits if customer tries to redeem the Discount Credits on the Expiration Date and Time near the aforementioned time deadline.

13. Any disagreements between customers and the Restaurant must be arbitrated between customers and the Restaurant. Goalprize will not be liable or responsible for the dispute, or to arbitrate disputes whatsoever.

C. Hosting a Goalprize campaign as a Restaurant

The Restaurant understands and agrees to the following:

1. To use Goalprize's Services, the Restaurant needs to submit all the required information in the "Business Information" section of the Goalprize Business software application to verify the legal registration of the Restaurant and to verify that the person controlling the Goalprize account for this Restaurant has the legal authority to act for the Restaurant.

2. When the Restaurant submits intellectual property ("IP") to us such as a trademark or copyrighted image, the Restaurant certifies that it has legal authority to allow us to use these IP materials in its service and it allows us to use the IP materials submitted to us for the purpose underlying hereunder.

3. To host a Goalprize campaign, the Restaurant must fill out the "Start a Goalprize" and "How Restaurant pays for visits" section of the Goalprize Business software application and receive approval from Goalprize before it can start. We reserve the right to reject any Goalprize campaign for any reason. A request to host a Goalprize campaign may not be made while the Restaurant making the request has another Goalprize campaign already scheduled to start in the future or currently running or has not yet reached the Expiration Date and time of the winning credits of a prior Goalprize campaign. The Restaurant may host only 1 (one) Goalprize campaign at a time. We reserve the right to take more than 7 (seven) days to respond to a request to host the Goalprize campaign. In that regard, Restaurants verified by us should allow at least 14 days to schedule the start of a Goalprize campaign.

4. The Restaurant must submit a valid form of payment before the Goalprize campaign will be approved and activated.

5. The Restaurant must pay the amount agreed upon by the Restaurant and us in a "Start a Goalprize" for all customer Counted Visits that occur during the Goalprize campaign. The Restaurant will be charged for Counted Visits each day, or when the Goal is achieved or when the End of the Goalprize is reached, whichever is sooner.

6. The Restaurant hosting the Goalprize campaign will not be allowed to pause, cancel, terminate, or End the Goalprize campaign prematurely after the start date and time of Goalprize campaign, and the Goalprize campaign must be continued until the Goal is achieved or the End of the Goalprize campaign is reached. However, we will not be liable for Force Majeure (Please see further details in Section Z. Clause 8.) for any losses, damages, or obligations arising therefore due to (including, but not limited to) a legal requirement, a technical problem, or the Restaurant hosting the Goalprize campaign failing to uphold its requirements to operate the Goalprize campaign, the Restaurant failing to uphold its legal requirements under the Agreement, or upon our discretion. In this regard, we reserve the right to pause or End the Goalprize campaign immediately and without any notice.

7. Points can not be given without a Request for Points by the customer's submission containing a photo of the receipt of that customer's paid bill that clearly shows: (i) that the Restaurant where the Points are being requested is the same restaurant as the host of the Goalprize campaign for which the points are being requested, (ii) the transaction took place on a date and time while that Restaurant's Goalprize campaign was active, (iii) subtotal, alcohol charges, service charge, tax all of which was fully paid by the customer.

8. Notwithstanding any of the other qualifications for granting Points, the Restaurant must grant Points to the customer through the Services equal to what the customer spent on all the customer's Qualified Spending. The Restaurant can not refuse to offer Points for certain spending unless otherwise specified in this Agreement as Unqualified Spending.

The customer acknowledges that the Points can only be given during the Restaurant s normal business hours that begins on the given date which the bill was paid and approved by the Customer. If a mistake is made in the number of Points or Counted Visits, the customer must make request for revaluation as soon as possible when the Points or Counted Visits submission is granted by the Restaurant, or before the End or the Deadline whichever is sooner. The customer acknowledges and agrees that the time is of essence as Goalprize campaign may End abruptly, reach the Deadline, or the Goalprize campaign is Successful before the Deadline, by not requesting for revaluation of such mistaken Points or Counted Visit(s) by the Restaurant before the End, Deadline, or Goalprize is Successful the customer will not be able to gain the correct Points or Counted Visits due to the mistaken Points or Counted Visit is deemed to be approved by the customer.

9. When customers make the Request for Points the customer indicates the number of "Visitors on my bill". If the customer indicates the wrong number, the Restaurant may adjust it and indicate the correct number for the calculation of Counted Visit(s) which is affected by the Minimum Spending per visitor.

10. Goalprize and the Restaurant agree on the main factors of a Goalprize campaign before it starts by having the Restaurant fill in and submit a "Start A Goalprize" request and Goalprize agreeing upon it by approving it. Once a Goalprize campaign is started the Restaurant can not change, halt or cancel these factors.

Likewise all other conditions of a Goalprize campaign are solely determined by Goalprize not by the Restaurant hosting the Goalprize campaign, these include but are not limited to: calculating the cumulative number of counted visits toward the Goal and resulting percent, calculating the cumulative number of points earned by each account of each participating customer, calculating the ranking of each account of each participating customer, determining the winning accounts and how many discount credits they get and any other factors we see as appropriate.

D. Communications

By providing us with means to communicate with you including, but not limited to, email address, phone number or physical address you confirm and consent FastUsers Company Limited to use, disclose, collect, and process your Personal Data in accordance with its Goalprize Data Policy (GDP) in regard to the Services provided by us to you under this Agreement.

E. User content

1. Any data, information or material that you submitted on the Services in the course of using the Services (collectively, "Content"), you shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content.

2. You grant us permission and/or license to access, copy, distribute, store, transmit, reformat, display, perform, use, reproduce, adapt, modify, and publish the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation and in our own sole discretion, to refuse or remove any Content that, in our reasonable opinion, violates any of our rules, protocol, policies, or any restrictions; or is in any way harmful or objectionable.

F. Billing and payments

We do not charge fees for customers to use our Services as participants in Goalprize campaigns. We charge the Restaurant that hosts a Goalprize campaign for the Counted Visits of participants in the campaign. However, we reserve the right to request or require payment from the customer in case there is a provision of services for customers in the future which may require payment of a fee or subscription. In that regard, we will require customers to agree to such an offer in a separate explicit indication of purchase and agreement.

G. Accuracy of information

Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Services or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Services including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Services should be taken to indicate that all information on the Services or Services has been modified or updated

H. Reliance on Information Posted

1. The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of their contents.

2. The Services include content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by FastUsers Company Limited, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of FastUsers Company Limited. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

3. In the event of any inconsistency between this Agreement and the information set forth in the Goalprize Frequently Asked Questions ("FAQ"), How to Win ("HTW"), Goalprize Data Policy ("GDP"), Goalprize Return Policy ("GRP"), Goalprize promotional content, or any other source of content, this Agreement shall prevail.

I. Third party services

1. If you decide to enable, access or use third party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against FastUsers Company Limited with respect to such other services. FastUsers Company Limited is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services.

2. You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting FastUsers Company Limited to disclose your data as necessary to facilitate the use or enablement of such other service.

J. Advertisements

During your use of the Services, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party whatsoever.

K. Links to other resources

Although the Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Services may be "affiliate links". This means if you click on the link and purchase an item, FastUsers Company Limited may receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Services. Your linking to any other off-site resources is at your own risk.

L. Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, state or local regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services, third party products and services, or the Internet associated with the Service; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Services for violating any of the prohibited uses.

M. Intellectual property rights

1. Intellectual Property Rights" means all present and future rights in or in relation to any copyright, including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other IP rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any IP owned by FastUsers Company Limited or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with FastUsers Company Limited. All trademarks, service marks, graphics and logos used in connection with the Services, are trademarks or registered trademarks of FastUsers Company Limited or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any of FastUsers Company Limited or third-party trademarks.

2. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Agreement, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Services not expressly permitted hereby is a breach of the Agreement and may violate copyright, trademark, and other laws.

N. Copyright Infringement

FastUsers Company Limited responds to notices of alleged copyright infringement and may terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act (DMCA), Thai Copyright Act, or any applicable laws. If you believe that any material on the Services infringes upon any copyright which you own or control, you may file a DMCA Notice of Alleged Infringement with FastUsers Company Limited at our email address:

support@goalprize.com

DMCA Compliance

Please provide the following information:

- A description of the copyrighted work you believe to have been infringed;

- A description of the URL or other location on our Services of the material you believe to be infringing;

- Your name, mailing address, telephone number and email address;

- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

- A statement by you, which you make under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner s behalf; and

- An electronic or physical signature of the person authorized to act on behalf of the copyright owner.

O. Disclaimer of warranty

1. YOU AGREE THAT THE SERVICES, ANY INFORMATION DISPLAYED ON SERVICES, ITS SOFTWARE, OR OPERATING SYSTEM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, AVAILABILITY, APPLICABILITY, COMPLETENESS, ACCURACY, NON-INTERRUPTION, TIMELINESS, SECURITY, BEING ERROR-FREE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED, OBTAINED, BEING FACILITATED, OR BEING DISPLAYED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES UNLESS STATED OTHERWISE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

2. YOU UNDERSTAND THAT WE CAN NOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SERVICES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICES LINKED TO IT.

3. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CAN NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

P. Legal compliance

We and all users of the Services must comply with the laws in the jurisdictions where the service is used. "Points" are what is given to Customers participating in a Goalprize campaign and spending money at the Restaurant hosting a Goalprize campaign. Some jurisdictions prohibit the advertisement, marketing or sales of certain items or services so therefore points can not be given out for purchasing certain goods and services nor can credits be redeemed for certain goods or services. These jurisdictions prohibit the granting of points and the redeeming of credits for the following goods or services, including but not limited to:

THAILAND: alcohol, tobacco, diapers and some other restricted goods and services according to the relevant laws, regulation, and order.

NEPAL: all items or services for which promotion, advertising or selling is prohibited by law.

ALL NATIONS: any item or service for which promotion or advertising is prohibited by law.

Q. Tax Reporting

We may be required to report information about the Users who win the Prizes to the government. We may also be required to submit to any reporting request of a government tax authority regarding spending and revenues of the business. All Users are solely responsible for the applicable and relevant taxes and any forms the government may require therein, in regard of financial activities of the Customer and the Restaurant made in connection with the Services.

R. Geographic Restrictions

FastUsers Company Limited is a company registered under Thai law. We make no claims that the Services or any of its content is accessible or appropriate outside Thailand. Access to the Services may not be legal by certain persons or in certain countries/jurisdictions. If you access the Services from outside Thailand, you acknowledges that you may do so on your own initiative and you are solely responsible for compliance with and liable under local laws

S. Goalprize Campaign, Prize, and digital gift card for Discount Credits

1. No Prizes will be given to any customer if the Goal of the Goalprize campaign is not achieved before the Deadline. If the Goal of the Goalprize campaign is achieved only those customers who fulfill the requirements to be Winners will be eligible to receive the Prizes by the Restaurant hosting or operating the Goalprize campaign. There is no guarantee that the Goal will be achieved. It is the responsibility of the Restaurant to fulfill the terms of the Prizes and to Redeem Discount Credits before the Expiration Date and Time, but we are not responsible if the Restaurant fails to do so.

2. We do not guarantee that the Restaurant remains in operation or remains open so that Winners are able to Redeem Discount Credits. We are not responsible for the loss of the Discount Credits' value if we or the Restaurant hosting the Goalprize campaign are shut down by the government or any other reasons.

3. Protecting your Discount Credits from unauthorized use is your responsibility and we will not give Discount Credits if someone uses your Discount Credits without your approval. If a customer believes that the Discount Credits given by the Restaurant are wrong, the customer should discuss with a manager of that Restaurant for resolving this problem for you. The customer acknowledges that in no event are we responsible to resolve a Discount Credits problem between a Restaurant an a Goalprize participating customer whatsoever.

4. Being ranked in the Green Zone of the Leaderboard before the Goalprize campaign Ends does not guarantee winning as the rankings may change before the Goalprize Campaign Ends or Fails with no Prizes given out. If you choose to put any part of your identity on the Leaderboard you will increase the chance that someone will be able to determine your identity. We respect and recognize the importance of protecting your Personal Data, however we are not responsible for the ramifications of someone determining your actual identity if you choose to put any part of your name on the Leaderboard.

5. We do not promise that the Goalprize campaigns will be held or that they will be held in a location close to you.

6. The Discount Credits have an Expiration Date and Time and must be used sufficiently before such Expiration Date and Time or else these Discount Credits will become invalid. If the Expiration Date and Time is not clearly stated (i) the time of expiration will be one hour before the Restaurant closes on such Expiration Date; and (ii) the date of expiration of the Discount Credits will be 30 days after the date that the Discount Credits were earned as the Prizes from a Successful Goalprize campaign. The customer may not exchange or use expired Discount Credits. The expired Discount Credits will not be reactivated for any reason. If the customer has multiple Discount Credits with different expiration dates and times from the same Restaurant then the Discount Credits from the earliest Expiration Date must be used first.

7. We are authorized but not obligated by both the Restaurant and Goalprize campaign participant to reverse any Points, Credits or Counted Visits if done in error, fraud or to match any reversal in payment from the Restaurant to the customer. The customer has a limited amount of time to approve the Points offered or Discount Credits redeemed. If no response is given by the customer using the Goalprize system this potential transaction will go into a "Pending Transactions" area and if no response in favor or in opposition to a Pending Transaction is given by the customer then Pending Transactions will go through in the amount shown and neither the customer nor Restaurant will be able to make any changes thereafter.

8. The Restaurant may use the Services in an attempt to achieve a Goal of customer Counted Visits but we make no promise that this Goal can be achieved or that more customers can be gained. We make no promise regarding (i) the amount of money, time or effort we will spend to help promote the Restaurant's Goalprize campaign, (ii) the number of customers that may participate in such Goalprize campaign or the amount customers may spend in such Goalprize campaign, nor (iii) the profitability of hosting the Goalprize campaign.

T. Restaurant Owners Agreement

1. Restaurant owners must fulfill the terms of the Goalprize campaigns and in particular must redeem the Discount Credits before the Expiration Date and Time on the Qualified Spending for any and all customers with Goalprize digital gift card accounts with Discount Credits.

2. Restaurant owners are advised to remain in operation as usual during normal days and hours until the Expiration Date and Time of any and all Goalprize Discount Credits outstanding and must not shut down operation after a Successful Goalprize campaign before the Expiration Date Time of the Discount Credits given out during such Goalprize campaign. When the Goalprize campaign is launched and is past the Start time and date, the Restaurant is not allowed to cancel, withhold, pause, or terminate until such Goalprize campaign Ends as defined above.

3. Restaurant owners may generate a significant amount of revenue with a successful Goalprize campaign. A certain percent of revenue from a successful Goalprize campaign should be held by the Restaurant to support the future costs of fulfilling prize credit redemptions and be considered earned only when those credits are redeemed. The percent of revenue that is held by the Restaurant to cover its own future costs of fulfilling those prize credit redemptions can be set by the Restaurant itself in accordance with prevailing proper accounting practices but should at minimum match all future costs for prize credit fulfillment such that the Restaurant has sufficient funds held to remain in operation until all prize credits have either been redeemed or reached their Expiration Date and Time.

U. Limitation of liability

1. To the fullest extent permitted by applicable law, in no event will FastUsers Company Limited, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. The limitations and exclusions also apply even if we offer a remedy that does not fully compensate you for any losses or fails of its essential purpose.

2. The customers understand and agree that FastUsers Company Limited is not a party to any transactions entered into between the customers and the Restaurants. FastUsers Company Limited has no control over the conduct of the customers of the Services or any information provided in connection thereto, and disclaims all liability in this regard. If the customer has a dispute with the Restaurant, both the customer and Restaurant in question agree to release FastUsers Company Limited from all claims, demands, and damages of every nature, known and unknown, arising out of or in any way connected with such disputes. In no event shall FastUsers Company Limited be liable for direct or indirect consequences of the customers or Restaurants failing to comply with applicable laws and regulations, or other reasons whatsoever.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

The foregoing does not affect any liability that can not be excluded or limited under applicable law.

3. In the future our Company may need to revise the Goalprize Terms of Service ("GTS"), Goalprize Data Policy ("GDP"), Goalprize Refund Policy ("GRP") or any Agreement that you've agreed to and we may not allow you to continue using our Application or Service if you don't agree to these revisions. This might mean you are not able to receive points, redeem credits, receive digital gift cards or utilize the other features of the Application or Service. This could mean you lose the value of credits and/or digital gift cards and/or potential or actual value of points you have received if you don't agree to these future revisions. This could happen for many different reasons including that we need to work with new business partners to provide our service who require these Agreement revisions or that we ourselves decide that we need these revisions or for other reasons.

V. Indemnification

1. You agree to indemnify and hold FastUsers Company Limited and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Services or any willful misconduct on your part.

2. In case the customer has a dispute with other third parties arising from or in relation to the Services, the customer irrevocably agrees to release the FastUsers Company Limited, its affiliates, directors, officers, employees, agents, supplier or licensors (the Indemnified Parties ) from any and all claims, demands and damages (both of actual and consequential) of any kind and nature arising out of or in any way from: (i) or in connection with such disputes; and/or (ii) the customer s breach of this Agreement, or your violation of any law, rule or regulation, or the rights of any third party; and/or (iii) account suspension and termination pursuant to Clause A3 in this Agreement.

3. FastUsers Company Limited shall have the right, in addition to other rights hereunder, to demand the customer to be responsible for any damages and expenses suffered by us arising out of or in connection with this Agreement, actions or omissions of the customer or its representative as well as any claim, or litigation by other persons requiring us to be responsible hereunder for actions or omissions which have not been attributed to FastUser Company Limited.

W. Severability

All provisions contained in this Agreement are to be exercised and shall be applicable and binding to the extent that they do not violate any applicable laws. If the provisions contained herein are being determined to be illegal, invalid, or unenforceable under any applicable rules, laws or regulations or any governmental agencies, local, state, federal, or court of competent jurisdiction; such provisions will be amended and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable laws. In that regard, the validity or enforceability of the remaining provisions hereof shall remain in full force and effect, and shall not be legally and contractually affected or impaired thereby. In addition, the intention of the parties to the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof.

X. Dispute resolution

1. The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Thailand without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Thailand.

2. Any disputes, actions, claims or causes of action arising out of or in connection with this Agreement (Disputes) or the Services shall be referred to the Thailand Arbitration Centre (THAC), in accordance with the Rules of the THAC as modified or amended from time to time (the Rules) by a sole arbitrator appointed by the mutual agreement of you and us (the Arbitrator). If you and us are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of THAC in accordance with the Rules. The seat and venue of the arbitration shall be Bangkok, in the English language and the fees of the Arbitrator shall be borne equally by you and us, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.

3. In the event of a conflict between the English version of the Agreement and any other language version or a conflict between two non-English versions, the English version shall prevail.

Y. Changes and amendments

1. We reserve the right to modify this Agreement or its terms relating to the Services at any time, effective upon posting of an updated version of this Agreement on the Services at our sole discretion and without prior notice. In that regard, we will update the revised Agreement and indicate the date of any updated version at the bottom of this page or announce this through the Services. Your continued use of the Services after any such changes shall constitute your consent to the amendment of the Agreement. You are expected to check this page every time you use the service so you are aware of any changes, as they are binding on you.

2. In case the Customer does not agree or accept any such amendment thereof, the Customer has the right to terminate the Customer use of the Services and close the Customer s account.

3. The Customer agrees that we shall not be required to compensate you for any modification, suspension or termination arising therefore.

Z. Acceptance of these terms

1. You acknowledge that you have read this Agreement and agree to all its terms and conditions set forth herein. By accessing and using the Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you may not access or use the Services.

2. The failure of FastUsers Company Limited to enforce any right or provision in the Agreement shall not constitute a waiver of such right or provision.

3. This Agreement comprises the entire agreement between you and FastUsers Company Limited in relation to the matters stated herein and supersedes any prior or contemporaneous negotiations or discussions.

4. All provisions of this Agreement which by their nature extend beyond the expiration or termination hereof, including, without limitation, sections pertaining to suspension or termination, cancellation of the customer s account, liability owed to the FastUsers Company Limited, general use of the Services, dispute, and general provisions, shall survive the termination or expiration of this Agreement

5. FastUsers Company Limited shall not be liable for any delays, failures in performance or interruption of the Services which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any acts of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, flooding, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our commercial reasonable control and shall not affect the validity and enforceability of any remaining provisions.

Legal Disclaimer

You understand and agree that our Services are not considered as gambling under Thailand Gambling Act B.E.2478 (1935). Our Services do not offer or invite the customer to participate in a game by way of gambling money or other properties between the customers or the Restaurants for the exchange of money or benefits in relation to gaining or losing money or property. We provide the Services for the customers and the Restaurants merely to use for the purpose of allowing a voluntary participation in activities according to this Agreement, law, rules and regulations only. Otherwise as expressed herein, we shall have no responsibility to monitor or oversee the marketing activity undertaking by the Restaurants or the customers in achieving the Goal or personal objective on using our Services.

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to info@fastusers.com.

Most recent update: March 26, 2024