Date of Last Update: September 5, 2019
SSI Steel Design, an special application for SSI customer that makes your steel design easy. SSI Steel Design app helps you determine capacity of steel members and generate calculation sheets.
You must accept these Terms to create a SSI Steel Design account. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT CREATE AN ACCOUNT
Our Terms May Change
The Terms listed may change over time. If we make minor changes to the Terms without practically changing your rights, we will announce the adjusted Terms on http://www.facebook.com/ssibuildingtechnology. We will notify you by presenting you with a new Terms of Service to accept if we make a modification that practically changes your rights. When you use SSI Steel Design after a modification is posted, that means you accept the modified terms.
Read Our Privacy Policy
Any information that SSI Steel Design collects through your use of the SSI Service is subject to the SSI Privacy Policy and Firebase Service, which is part of these Terms.
Who Can Use SSI Steel Design?
You may use the SSI Steel Design if you are over 6 years of age and are not barred from receiving services under applicable law. You may connect to the SSI Steel Design using a device that is manufactured, distributed, or sold by any Third Parties. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the SSI Steel Design. If you have questions about whether a product or application is qualified as an Authorized Interface, please contact m.me/ssibuildingtechnology
SSI Rights
SSI Content includes any text, graphics, images, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the SSI Steel Design to you. Except for Your Content, SSI Content, the SSI Steel Design and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of Thailand and foreign countries. You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the SSI Steel Design.
Things You Can Do On The SSI Steel Design
The SSI Steel Design is intended for your personal, non-commercial use.
SSI grants you a limited, non-exclusive, non-transferable, non-sublicensable license to (1) access and view the SSI Steel Design Content, (2) access and use the software and mobile applications provided by SSI. This license is provided solely for your personal use of the SSI Steel Design as permitted in these Terms. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the SSI Steel Design or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by SSI or its licensors, except for the licenses and rights expressly granted in these Terms.
Things You Cannot Do On The SSI Steel Design
Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the SSI Steel Design:
(1) use, display, mirror or frame the SSI Steel Design or any individual element within the SSI Steel Design, SSI’s name, any SSI trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without SSI’s express written consent;
(2) access with non-public areas of the SSI Steel Design or SSI computer systems
(3) test the vulnerability of any SSI Steel Design system or breach any security or authentication measures;
(4) circumvent any technological measure implemented by SSI or any of SSI ’s providers or any other third party (including another user) to protect the SSI Steel Design or SSI Steel Design Content;
(5) access the SSI Steel Design or SSI Steel Design Content through the use of any mechanism other than through the use of an Authorized Connection, SSI Steel Design
(6) modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any software that SSI provides to you or any other part of the SSI Steel Design.
Our Enforcement Rights
We are not obligated to monitor access or use of the SSI Steel Design SSI Steel Design Content or Your Content, but we have the right to do so for the purpose of operating the SSI Steel Design, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable access to the SSI Steel Design, any SSI Steel Design Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the SSI Steel Design Content, Your Content, or your use of the SSI Steel Design is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the SSI Steel Design.
Use Common Sense
Use of the SSI Steel Design should not replace your good judgment and common sense. Please read and comply with all safety notices that accompany your SSI product or service.
SSI Copyright Policy
SSI respects copyright law and expects its users to do the same. It is SSI policy to terminate in appropriate circumstances account holders who repeatedly infringe the rights of copyright holders. See our copyright policy.
Third-Party Links On The SSI Steel Design
The SSI Steel Design contains links to third-party websites, apps, services and resources (collectively “Third-Party Services”) that are not under SSI control. We provide these links only as a convenience and are not responsible for the content, products or services that are available from Third-Party Services. You acknowledge sole responsibility and assume all risk arising from your use of any Third-Party Services.
The SSI Steel Design may provide the opportunity for you to link your SSI Steel Design account, SSI Steel Design data ,or the SSI Steel Design with Third-Party Services. Although we offer this opportunity, you acknowledge that any Third-Party Services that you use in connection with the SSI Steel Design are not part of the SSI service. You acknowledge that these Terms and the SSI Privacy Policy do not apply to any Third-Party Services. You are responsible for reading and understanding the terms and conditions and privacy policy that applies to your use of any Third-Party Services.
Changes of The SSI Steel Design
SSI may change or discontinue, temporarily or permanently, any feature or component of the SSI Steel Design at any time without notice. SSI is not liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the SSI Steel Design. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by SSI product without prior notice to you.
Termination
If you violate these Terms, we reserve the right to deactivate your account or terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such termination, we may delete Your Content and other information related to your account. You may cancel your account at any time by contacting Customer Support. Upon any termination, discontinuation or cancellation of the SSI Steel Design or your account, the following provisions of these Terms will survive: Posting Your Content On The SSI Steel Design; SSI Rights; Our Enforcement Rights; Termination; Disclaimers; Indemnity; Limitation of Liability; Dispute Resolution; and General Terms.
Disclaimers
THE SSI STEEL DESIGN AND SSI CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF SAFETY FOR A PARTICULAR PURPOSE OF BUILDING DESIGN. We make no warranty that the SSI Steel Design or SSI Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the accuracy, completeness or reliability of the SSI Steel Design or any SSI Content. You acknowledge and agree that if you rely on any SSI Content or the SSI Steel Design, you do so solely at your own risk.
Indemnity
You will indemnify and hold harmless SSI and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees arising out of or in any way connected with (i) your access to or use of the SSI Steel Design, (ii) Your Content, or (iii)your breach of any warranties made by you hereunder or your violation of any other provision of these Terms. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Limitation Of Liability
NEITHER SSI, ITS SUPPLIERS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SSI STEEL DESIGN WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SSI STEEL DESIGN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SSI HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL SSI’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SSI STEEL DESIGN EXCEED THE AMOUNTS YOU HAVE PAID TO SSI FOR USE OF THE SSI STEEL DESIGN, IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO SSI. AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SSI AND YOU.
Dispute Resolution
You agree that any dispute between you and SSI arising out of or relating to these Terms of Service, the SSI Steel Design, or any other SSI products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
Governing Law: The Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of Thailand without regard to its conflict of laws principles.
Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against SSI, you agree to try to resolve the Dispute informally by contacting m.me/ssibuildingtechnology. We'll try to resolve the Dispute informally by contacting you through the channel referred above. If a dispute is not resolved within 15 days after submission, you or SSI may bring a formal proceeding.
We Both Agree To Arbitrate: You and SSI agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting m.me/ssibuildingtechnology within 30 days of first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement.
Arbitration Fees: The AAA rules will govern payment of all arbitration fees. SSI will pay all arbitration fees for claims less than $500. SSI will not seek its attorney's' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Exceptions to Agreement to Arbitrate: Either you or SSI may assert claims, if they qualify, in small claims court in Thailand. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the SSI products or SSI Steel Design, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
No Class Actions: You may only resolve Disputes with SSI on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed under our agreement.
Judicial Forum for Disputes: In the event that the agreement to arbitrate is found not to apply to you or your claim, you and SSI agree that any judicial proceeding (other than small claims actions) will be brought in the courts of first instance in Thailand. Both you and SSI consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the SSI products or SSI Steel Design must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
General Terms
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between SSI and you regarding the SSI Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between SSI and you regarding the SSI Service and SSI Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without SSI’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. SSI may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by SSI under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the SSI Building Technology Facebook Fanpage. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
SSI’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of SSI. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Additional Terms May Apply
Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.
Contact Us
Please contact us if you have any questions about these Terms.
Sahaviriya Steel Industries PLC.
28/1 Prapawit Building 2nd Floor, Surasak Road
Silom, Bangrak
Bangkok 10500, Thailand
m.me/ssibuildingtechnology