206 Soi Phatthanakan 20, Suan Luang, Bangkok,
Thailand 10250, Tel: +662 079 9765,
Email : customerservice@abpcafe.co.th
These Terms and Conditions of Use, as updated from time to time, (“Terms”) apply to your access to and use of, all or part of the website (http://aubonpainthailand.com, the “Site”), any other website, and all other online services, tools or programs, including the Au Bon Pain “eMember”, the “Au Bon Pain Privilege Card”, and our stored value/gift card, mobile applications, and instore kiosks (the Site and all of the foregoing, collectively, the “Services”) provided by ABP Café (Thailand) Company. and/or its subsidiaries and affiliates (collectively, “Au Bon Pain”, “we”, “us” or “our”). By visiting or using the Services, you expressly agree to these Terms. We may change or modify these Terms from time to time. Any changes or modifications will be effective immediately upon posting of the changes or modifications, and you waive any right you may have to receive specific notice of such changes or modifications, and to the extent permitted by law you waive any right you may have to receive specific notice of such changes or modifications. Your continued access to, use of and/or participation in the Services after these Terms have been changed or modified signifies your acceptance of any updated Terms. As a result, you should frequently review these Terms to understand the terms and conditions that apply to your access to, use of and/or participation in the Services. If you do not agree to the changed or modified Terms, do not use the Services.
All content contained on or accessed from the Services, including text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, videos, images, applications, programs, computer code and other information (collectively, the “Content”), including but not limited to the design, layout, “look and feel” and arrangement of such Content, is owned by Au Bon Pain or its licensors and is protected by copyright, trademark and other intellectual property and unfair competition laws.
You may print or download Content from the Services for your own personal, non-commercial, informational or scholarly use, provided that you keep intact all copyright and other proprietary notices. This is the grant of a limited, nonsublicensable license, not a transfer of title, and under this license you may not use the Services or any Content for any commercial purpose or for any public display (commercial or non-commercial).
You may not copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate or create other derivative works from, or sell, rent or license all or any part of the Content, products or services obtained from the Services in any medium to anyone without our prior written permission, except as otherwise expressly permitted under these Terms.
You may not reverse engineer, disassemble, decompile or translated any software in the Content, or otherwise attempt to derive the source code of such software, except to the extent expressly permitted under applicable law, without our prior written permission. You may not engage in systematic retrieval of Content from the Services to create or compile, directly or indirectly, a collection, compilation, database or directory without our prior written permission.
You may not use any robots, spiders, crawlers or other automated downloading programs, algorithms or devices, or any similar or equivalent manual process, to: (a) continuously and automatically search, scrape, extract, deep link or index any Content; (b) harvest personal information from the Services for purposes of sending unsolicited or unauthorized material; or (c) cause disruption to the working of the Services or any other person’s use of the Services. If the Services contain robot exclusion files or robot exclusion headers, you agree to honor them and not use any device, software or routine to bypass them. You may not attempt to gain unauthorized access to any portion or feature of the Services, any other systems or networks connected to the Services or to any of our servers, or any of the products or services provided on, accessed from or distributed through the Services. You may not probe, scan or test the vulnerability of the Services or any network connected to the Services or breach the security or authentication measures on the Services or any network connected to the Services.
You may not use the Services to publish or distribute any information (including software or other content) which (a) is illegal, (b) violates or infringes upon the rights of any other person, (c) is defamatory, abusive, hateful, profane, pornographic, threatening or vulgar, (d) contains errors, viruses or other harmful components or (e) is otherwise actionable at law. We may at any time exercise editorial control over the Content of the Services.
You may not, without our prior written approval, use the Services to publish or distribute any advertising, promotional material, or solicitation to other users of the Services to use any goods or services. For example (but without limitation), you may not use the Services to conduct any business, to solicit the performance of any activity that is prohibited by law, or to solicit other users to become subscribers of other information services. Similarly, you may not use the Services to download and redistribute public information or shareware for personal gain or distribute multiple copies of public domain information or shareware.
We may discontinue, or change from time to time, any Service including any Service terms, without prior notice. We also may discontinue or change specifications on products described and/or displayed through the Services from time to time without prior notice.
In order to participate in certain areas of our Site and other Services, you will need to register for an account. In creating an account, you agree to:
• create only one account;
• provide accurate, truthful, current and complete information;
• keep your information updated and accurate;
• protect your password and access to your account;
• notify us if you discover or otherwise suspect that the security of your account has been compromised or breached; and
• Take responsibility for all activities that occur under any account registered to you and accept all risks of unauthorized use of the account.
Some Service options are only available if you utilize corresponding Service features. When you set up an account under any Service, you may be required to choose a user name and password. You may be able to access your account through third party authorization methods (for example, a social media account). If your information changes, you should promptly update your account. If you make a change in your account information for one Service there may be an automatic corresponding change to your account information for another Service. Your Service member cards, account, username, password and PIN are for your personal use only. You may have the ability to choose to have your credit card, Au Bon Pain Gift Card and/or other payment methods associated with your account. You are responsible for maintaining the confidentiality of, and are responsible for all activities that occur under, your member card, account, username and password, Au Bon Pain Gift Cards and any other information that may be used to access your account. If you believe your account has been compromised, please immediately contact us as described in the “Contact Us” section below and take immediate action to remove the credit card, Au Bon Pain Gift Card and/or other payment method information associated with your account. Neither Au Bon Pain nor any franchisee, service provider or supplier is responsible for undeliverable, lost, returned or misdirected emails or other correspondence related to your account, or for use of your member card or rewards, if any, issued under any Service or account without your permission. Au Bon Pain does not represent or warrant that member cards will always be accessible or accepted.
The Services are not intended for use by anyone under the age of 15. Anyone between ages of 15 and 18 may only use the Services under the supervision of a parent or a legal guardian who agrees to be bound by these Terms. When a user discloses personal information on the Services, the user is representing to us that he or she is over 18.
We may make available to you the ability to order online from our participating Au Bon Pain cafés or other locations. These Terms apply only to orders placed through the Services. Minimum order amounts may apply. Any applicable delivery fees, taxes and other amounts due in connection with your order will be identified when you place your order. There may be limits on the dollar values and number of orders that may be placed through the Services. You are responsible for payment of your order by means of a payment option made available through the Services at the time of ordering. We use third party providers and may accept various third party services to process payments. The Au Bon Pain café or other location identified when you place your order is responsible for fulfilling your order and for any questions or other communications regarding your order. Discounts, coupons and other offers may not be able to be combined with online ordering. Every participating location may not have all menu items identified through the Services. The Services may allow you to customize your order. Portion size references (extra, light, etc.) are for convenience only and do not indicate nutrient content information of any kind. Refunds, if any, of amounts paid for cancelled catering orders will be identified at the time of cancellation. Please contact the café responsible for fulfilling your order directly to identify amounts due.
Au Bon Pain reserves the right, without notice and in its sole discretion, to suspend and/or terminate your license to use the Services and/or your account for any reason and to block or prevent your future access to, and use of, the Services if we determine, in our sole discretion, that you have more than one account or that the use of the Service or your account violates these Terms. We also may, in our sole discretion, suspend or cancel accounts that appear to be inactive, and suspend, cancel or combine accounts that appear to be duplicative. We also reserve the right to seek all other remedies available at law and in equity. Upon any such termination, you must destroy any downloaded Content in your possession whether in electronic or printed format.
We do not control, endorse or adopt any websites and content of third parties, including Au Bon Pain branded or co-branded content and/or our franchisees’ content and/or websites (collectively, “Third Party Websites”). Third Party Websites, including the content, advertisements or promotions of any third party, and the inclusion of any link or reference to Third Party Websites does not imply our endorsement, affiliation or adoption of the Third Party Websites. We make no guarantee as to the accuracy or completeness of the Third Party Websites and we are not responsible for updating or correcting false or misleading information on Third Party Websites. When you visit Third Party Websites, or participate in promotions or business dealings with third parties, these Terms and any other policies applicable to the Services no longer apply, and the terms and policies of the Third Party Websites govern. It is your responsibility to determine when you are accessing Third Party Websites and you acknowledge and agree that Au Bon Pain is not responsible or liable in any manner for Third Party Websites. If you have questions or concerns about the website of an Au Bon Pain franchisee, please contact that franchisee directly. Use of any Third Party Website is at your own risk.
All remarks, suggestions, ideas, graphics, or other information communicated to us through the Services (each, a “Submission”), including without limitation all intellectual property rights and other rights in and to a Submission, will forever be the property of Au Bon Pain. Au Bon Pain will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Au Bon Pain operations. Each Submission will be deemed a grant of a royalty free, non-exclusive right, license and consent to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute such Submission worldwide in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised, in each case without acknowledgement or compensation to you. You warrant that all so-called “moral rights” have been waived in connection with each Submission.
Au Bon Pain may allow you to purchase stored value/gift cards (“Au Bon Pain Gift Cards”) through the Services. These Terms, together with the Au Bon Pain Gift Card Terms and Conditions set forth on our Site, apply to your purchase and use of Au Bon Pain Gift Cards. Please refer to the Au Bon Pain Gift Card Terms and Conditions for more information about the terms, conditions and policies that apply.
You can enroll in the Au Bon Pain eMember (“eMember”) via our Services to receive emails with the latest news and offers. The term “Member”, as used in this section, refers to a guest who creates an eMember & Privilege profile by providing their name, username, password, valid email address, zip code of their primary residence and date of birth. Eligibility for eMember & Privilege program participation includes only those Thai residents who are over 18 years of age. Eligible guests are responsible for keeping their eMember & Privilege profile information (e.g., email address) up-to-date to ensure they receive eMember & Privilege news, offers and coupons as outlined in these Terms. We are not responsible for any eMember & Privilege news, reward-earning opportunity, or coupon delivery sent to an incorrect or incomplete address if that address is the address for the enrolled Member at the time of mailing or offering. We are not responsible for any lost, late, misdirected, damaged or illegible mailings. We reserve the right to correct and not honor errors made in our communications with you. From time to time we may make special offers available to Members. These special offers may have specific terms and conditions outlined in the offer. Enrollment in the eMember & Privilege does not guarantee receipt of eMember & Privilege news and offers or guarantee participation in any promotional offer. eMember & Privilege terms and conditions are subject to change or termination without notice. Continued participation in the eMember & Privilege constitutes acceptance of the then current version of these Terms.
You agree to defend, indemnify and hold harmless Au Bon Pain and its subsidiaries, affiliates, franchisees and suppliers and its and their respective officers, directors, employees, shareholders, members and/or agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services; (b) your Submissions; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the Services.
The Content appearing on our Services could include technical, typographical, or photographic errors. We do not warrant that any of the Content on our Services is accurate, complete or current. We may make changes to the Content on our Services at any time without notice, however, we do not make any commitment to update the Content.
For more information about the steps we take to protect your privacy, please see our Privacy Policy (http://aubonpainthailand.com/privacy-policy), which is incorporated into these Terms by this reference.
Access to and use of the Sites and these Terms of Use are governed by the laws of Thailand, without resort to conflict of law provisions. Any legal action or proceeding relating to your access to, or use of, the Sites or these Terms of Use shall be instituted only in the courts of Bangkok, Thailand. You and Au bon pain agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. In case of any conflict between the provisions of the English version of these Terms of Use and those of any other language version, the English version will prevail.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not impacted the validity and enforceability of the remaining provisions. Only a specific, written waiver of any of the provisions of these Terms, signed by an authorized representative of Au Bon Pain, shall have any legal effect. You may not transfer any of your rights or obligations under these Terms, in any way. All of Au Bon Pain’s rights and obligations under these Terms are freely assignable for any reason, including without limitation, in connection with a merger, acquisition, sale of assets, by operation of law or otherwise. Headings contained in these Terms are inserted for convenience of reference only and shall not in any way define or affect the meaning, construction or scope of any of the provisions contained in these Terms.
Certain products or services offered by the Services, and certain areas within the Services may be governed by additional terms of use and/or other agreements (“Additional Terms”) presented in conjunction with those products or services. You must agree to the Additional Terms before using those areas. The Additional Terms and these Terms shall apply equally. In the event of an irreconcilable inconsistency between the Additional Terms and these Terms, the Additional Terms shall control.
Unless otherwise noted, all Content is protected as the copyrights, trademarks and/or other intellectual properties owned by Au Bon Pain or by other parties that have licensed their material to Au Bon Pain. Additionally, the Site and the other Services are protected by copyright as a collective work and/or compilation. Certain activities provided via the Services may be covered by laws of Thailand.
Au Bon Pain makes no representation that the information available through the Services is appropriate or available for use outside of Thailand. Those who choose to access the Services from outside of Thailand do so on their own initiative and are responsible for compliance with applicable local laws.
Please feel free to contact us with any comments, questions or suggestions you might have regarding the information described in the Services. You may contact us at:
ABP Café (Thailand) Co.,Ltd.
206 Soi Pattanakarn 20,Suan Luang,
Suan Luang, Bangkok 10250, Thailand
Phone: +662 079 9765
Email : customerservice@abpcafe.co.th