TEMPLATE DRAFT - FOR REVIEW BY LICENSED THAI COUNSEL BEFORE PUBLICATION. NOT LEGAL ADVICE.

DISCLAIMER AND ACCEPTABLE USE POLICY

Platform: Barakhol Marketplace (operated under the postim.life brand)

Operator: wavetech.software (postim.life), registered at [Registered address - to be confirmed on operator formalization], Thailand

Contact: legal@postim.life

Effective Date: 27 June 2026

Governing Law: Kingdom of Thailand

1. SCOPE AND APPLICABILITY

1.1 This Disclaimer and Acceptable Use Policy ("Policy") applies to all users ("you", "User") who access or use the Barakhol Marketplace platform available at postim.life and any associated mobile applications (collectively, the "Platform").

1.2 By accessing or using the Platform, you confirm that you have read, understood, and agree to be bound by this Policy in its entirety. If you do not agree, you must immediately cease use of the Platform.

1.3 This Policy is incorporated by reference into the Platform's Terms of Service. In the event of conflict between this Policy and the Terms of Service, the Terms of Service shall prevail unless expressly stated otherwise.

1.4 This Policy is subject to all applicable laws of the Kingdom of Thailand, including but not limited to the Computer Crime Act B.E. 2550 (2007) as amended ("CCA"), the Personal Data Protection Act B.E. 2562 (2019) ("PDPA"), the Royal Decree on Digital Platform Services B.E. 2565 (2022), and the Electronic Transactions Act B.E. 2544 (2001).

2. PLATFORM AS VENUE - NOT A PARTY TO TRANSACTIONS

2.1 Conduit and display service only. The Platform provides a venue and display service that enables registered users to post, browse, and respond to classified listings for goods and services. The Platform is a passive intermediary between buyers and sellers.

2.2 No party to any transaction. wavetech.software (postim.life) is not a buyer, seller, agent, broker, auctioneer, insurer, escrow agent, or counterparty to any transaction concluded between Users. Any transaction for the purchase, sale, exchange, rental, or transfer of goods or services is concluded solely between the posting user ("Seller") and the responding user ("Buyer").

2.3 No control over transactions. The Platform does not inspect, take custody of, price, insure, or otherwise control any goods or services advertised through listings. The Platform does not receive, hold, or transmit funds on behalf of Sellers or Buyers unless a separate escrow or payment service is expressly offered and separately disclosed.

2.4 Seller identity. Listings display information provided by Sellers. The Platform does not represent or warrant that a Seller is who they claim to be, that a Seller has legal title to any item listed, or that a Seller is authorised to sell any particular item. Users transact at their own risk.

2.5 No agency relationship. Nothing in this Policy or the Terms of Service creates an agency, partnership, joint venture, employment, or franchise relationship between the Platform and any User.

3. DISCLAIMER OF WARRANTIES

3.1 As-is basis. THE PLATFORM AND ALL CONTENT, LISTINGS, INFORMATION, AND SERVICES AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

3.2 Excluded warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

(a) implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title, and non-infringement;
(b) warranties that the Platform will be uninterrupted, secure, timely, or error-free;
(c) warranties that any listing is accurate, complete, current, truthful, or lawful;
(d) warranties that any item advertised is of satisfactory quality, safe, genuine, or fit for any particular purpose;
(e) warranties that any Seller has clear legal title to, or the right to sell, any listed item;
(f) warranties that a Seller or Buyer will complete a transaction or fulfil any obligation.

3.3 Listing content. The Platform does not verify, endorse, approve, or independently confirm the accuracy of any listing, description, photograph, price, measurement, specification, or other information submitted by a User. Listings reflect solely the views and representations of the Seller.

3.4 No guarantee of legality. The Platform does not guarantee that any item advertised is lawful to buy, sell, possess, import, or export in the User's jurisdiction. It is the sole responsibility of each User to verify applicable laws before transacting.

3.5 Third-party links and content. The Platform may contain links to third-party websites or services. Such links are provided for convenience only. The Platform does not endorse, control, or accept responsibility for third-party content and is not liable for any loss or damage arising from your use of any third-party website or service.

3.6 Jurisdictional note. Some jurisdictions do not permit the exclusion of certain implied warranties. Where mandatory consumer protection law applies, the above exclusions apply to the fullest extent permitted by law in that jurisdiction.

4. LIMITATION OF LIABILITY

4.1 Exclusion of consequential loss. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WAVETECH.SOFTWARE (POSTIM.LIFE) AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY:

(a) indirect, incidental, special, consequential, exemplary, or punitive damages;
(b) loss of profits, revenue, data, goodwill, business opportunity, or anticipated savings;
(c) damages arising from fraud, misrepresentation, or default of any User;
(d) damages arising from defective, dangerous, counterfeit, stolen, or unlawfully listed goods or services;
(e) damages arising from a User's failure to complete a transaction, deliver goods, or make payment;
(f) damages arising from any dispute between Users;

whether or not the Platform has been advised of the possibility of such damages and whether based in contract, tort, strict liability, or any other theory.

4.2 Aggregate cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF WAVETECH.SOFTWARE (POSTIM.LIFE) TO ANY USER FOR ALL CLAIMS ARISING UNDER OR IN CONNECTION WITH THIS POLICY OR THE TERMS OF SERVICE SHALL NOT EXCEED THE GREATER OF: (a) THE TOTAL FEES PAID BY YOU TO THE PLATFORM IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (b) THB 3,000 (THREE THOUSAND THAI BAHT).

4.3 Essential basis. The limitations of liability set out in this Section 4 reflect a fair allocation of risk and form an essential basis of the bargain between the Platform and Users. The Platform would not make the service available on these terms without these limitations.

4.4 Non-excludable liability. Nothing in this Policy limits the Platform's liability for: (a) fraud or wilful misconduct; (b) death or personal injury caused by negligence; or (c) any other liability that cannot be excluded or limited under applicable Thai law.

5. USER CONTENT AND SELLER LIABILITY

5.1 Seller responsibility. The User who posts a listing ("Poster") is solely and exclusively responsible for:

(a) the accuracy, completeness, truthfulness, and lawfulness of all listing content, including descriptions, photographs, pricing, and contact information;
(b) ensuring that the item or service listed is lawful to advertise, sell, and deliver in Thailand and in the jurisdiction of the intended Buyer;
(c) ensuring that photographs and other materials submitted do not infringe the intellectual property rights of any third party;
(d) ensuring that the listing does not contain personal data of third parties without their consent;
(e) compliance with all applicable Thai consumer protection, product liability, and product safety laws.

5.2 Platform not a reviewer. The Platform does not review listings before publication. The appearance of any listing on the Platform does not constitute the Platform's approval, endorsement, or verification of that listing.

5.3 User warranties. By submitting a listing, the Poster warrants that: (a) they have full right and authority to list the item or service; (b) the listing content is accurate and does not mislead; (c) the listing does not violate any applicable law or regulation; and (d) the content does not infringe any third-party copyright, trademark, privacy right, or other intellectual property right.

5.4 Intellectual property in listings. The Poster retains all intellectual property rights in the content they submit. By posting content on the Platform, the Poster grants the Platform a non-exclusive, worldwide, royalty-free licence to display, reproduce, and distribute that content solely for the purpose of operating the Platform and delivering the service. The Platform does not claim ownership of Poster content.

6. DISPUTES BETWEEN USERS

6.1 User-to-user disputes. Any dispute, claim, or controversy arising from or relating to a transaction between Users - including disputes regarding the condition, quality, safety, or delivery of goods or services, non-payment, fraud, or misrepresentation - is a matter solely between the relevant Buyer and Seller. The Platform is not a party to any such dispute.

6.2 No mediation obligation. The Platform is under no obligation to mediate, arbitrate, investigate, or otherwise involve itself in disputes between Users. The Platform may, at its sole discretion and without obligation, provide limited assistance to help Users resolve disputes, including by sharing information about a User's account history where required by law.

6.3 Release. To the fullest extent permitted by applicable Thai law, each User irrevocably releases the Platform and its affiliates, officers, directors, employees, and agents from any and all claims, demands, causes of action, and damages of every kind and nature, known and unknown, arising out of or in any way connected with a dispute with another User.

6.4 Disputes with the Platform. Any dispute between a User and the Platform shall be governed by the dispute resolution provisions in the Terms of Service.

7. INDEMNIFICATION

7.1 User indemnification obligation. You agree to defend, indemnify, and hold harmless wavetech.software (postim.life) and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to:

(a) any content you post, submit, or transmit through the Platform, including any allegation that such content infringes any third-party intellectual property right, privacy right, or other right;
(b) any transaction or interaction between you and another User, including any allegation of fraud, misrepresentation, or breach of contract;
(c) your use of or access to the Platform;
(d) your breach of this Policy, the Terms of Service, or any applicable law or regulation;
(e) your violation of any right of any third party, including any personal data rights under the PDPA.

7.2 Cooperation. The Platform reserves the right, at its own expense, to assume exclusive defence and control of any matter subject to indemnification by you, and you agree to cooperate fully with the Platform's defence of any such claim.

8. CONTENT MODERATION AND NOTICE-AND-TAKEDOWN

8.1 Right to remove content. The Platform reserves the right, but not the obligation, to review, monitor, edit, refuse to publish, or remove any listing or content at any time and without notice, in its sole discretion, where the Platform reasonably considers that such content: (a) violates this Policy or the Terms of Service; (b) violates applicable Thai law, including the CCA B.E. 2550 or the Royal Decree B.E. 2565; or (c) poses a risk of harm to any person or the Platform.

8.2 Compliance with legal orders. The Platform will comply with lawful orders and notifications from competent Thai governmental authorities, including the Ministry of Digital Economy and Society ("MDES") and the Electronic Transactions Development Agency ("ETDA"), requiring the removal or restriction of content. In accordance with the Ministerial Notification (December 2022), content that threatens national security or public order may be removed within 24 hours of notification; other categories of unlawful content may be removed within 7 days, or such shorter period as required by law.

8.3 Notice of infringing content. If you believe that any listing or content on the Platform infringes your intellectual property rights or contains your personal data published without your consent, you may submit a notice to legal@postim.life containing:

(a) your full name and contact information;
(b) identification of the content alleged to infringe your rights, including its URL on the Platform;
(c) a description of the right you claim is infringed;
(d) a statement that the information in your notice is accurate and, where relevant, that you are the rights holder or authorised to act on their behalf.

8.4 Takedown process. Upon receipt of a valid and complete notice, the Platform will assess the claim and, where appropriate, remove or restrict access to the relevant content. The Platform aims to action validated notices within 48 hours for urgent matters (including personal data breaches and illegal items) and within 7 days for standard intellectual property notices, subject always to mandatory legal timelines.

8.5 Repeat infringers. The Platform operates a repeat-infringer policy. Accounts responsible for three or more validated infringement notices may be permanently suspended.

8.6 No liability for moderation decisions. The Platform is not liable for any loss or damage arising from its decision to remove, retain, or restrict access to any content, whether or not such decision is subsequently found to have been incorrect.

9. ACCEPTABLE USE - PROHIBITED CONDUCT

9.1 General prohibition. You must not use the Platform in any manner that: (a) violates applicable Thai law or the law of your jurisdiction; (b) harms, harasses, defames, or threatens any person; (c) is fraudulent, deceptive, or misleading; (d) infringes any third-party intellectual property, privacy, or data protection right; or (e) interferes with or disrupts the integrity or operation of the Platform.

9.2 Specific prohibited conduct. Without limiting Section 9.1, the following conduct is strictly prohibited:

(a) posting false, inaccurate, or misleading listing information or photographs;
(b) impersonating any person, business, or entity, or misrepresenting your identity or affiliation;
(c) collecting, harvesting, or scraping any User data, listing content, or other Platform data by automated means - including bots, spiders, crawlers, or scripts - without the Platform's prior written authorisation;
(d) republishing, reselling, redistributing, or commercially exploiting any listing, User content, or Platform data without authorisation;
(e) posting the personal data (including name, telephone number, or email address) of any third party without that person's explicit consent;
(f) posting content that promotes violence, hatred, discrimination, or illegal activity;
(g) using the Platform to conduct, facilitate, or promote any financial scam, pyramid scheme, or fraudulent investment scheme;
(h) conducting multiple simultaneous negotiations or transactions to manipulate or deceive other Users;
(i) circumventing any security feature, access control, or geographic restriction of the Platform;
(j) uploading or transmitting malware, viruses, or any code designed to disrupt, damage, or gain unauthorised access to any system.

10. ACCEPTABLE USE - PROHIBITED ITEMS AND LISTINGS

10.1 Absolute prohibitions. The following categories of goods and services may not be listed on the Platform under any circumstances:

(a) Weapons and dangerous items: firearms, ammunition, explosives, military-grade equipment, and items prohibited under the Firearms, Ammunition, Explosives Act B.E. 2490 or equivalent legislation;
(b) Controlled substances: illegal narcotics, controlled precursor chemicals, and any substance prohibited under the Narcotics Act B.E. 2522 or the Psychotropic Substances Act B.E. 2518;
(c) Counterfeit and infringing goods: items bearing unauthorised trademarks, counterfeit currency, forged documents, or goods infringing any intellectual property right;
(d) Stolen property: goods that the Seller knows or reasonably suspects to be stolen, misappropriated, or obtained through fraud;
(e) Wildlife and protected species: live protected animals and products derived from endangered or protected species, including items regulated under CITES;
(f) Human trafficking and exploitation: listings that facilitate trafficking in persons, sexual exploitation, forced labour, or any form of modern slavery;
(g) Child sexual abuse material: any content that sexualises or exploits minors;
(h) Data and personal information: databases containing personal data of third parties, hacked credentials, or unlawfully obtained identity documents;
(i) Uncertified medical and pharmaceutical products: prescription medicines, medical devices requiring regulatory approval, and products making unauthorised therapeutic claims;
(j) Financial instruments and services without authorisation: unlicensed securities, unregistered investment schemes, and deposit-taking activity requiring authorisation under Thai financial law.

10.2 Restricted categories. The following categories may only be listed subject to applicable legal requirements, including possession of all required Thai government licences, permits, and registrations:

(a) alcohol and tobacco products (subject to Excise Department regulations);
(b) food products and supplements (subject to FDA Thailand requirements);
(c) vehicles and vehicle parts (subject to applicable registration and roadworthiness requirements);
(d) antiques and cultural property (subject to the Ancient Monuments, Antiques, Objects of Art and National Museums Act B.E. 2504).

10.3 Seller responsibility for compliance. It is the sole responsibility of the Seller to ensure that any listed item complies with all applicable Thai laws and regulations, including product safety standards, labelling requirements, and sector-specific licensing. The Platform's failure to remove a non-compliant listing does not constitute approval of that listing.

10.4 Living document. The Prohibited Items list may be updated by the Platform at any time without prior notice to reflect changes in law, enforcement priorities, or Platform policy. The current version is always available at [URL]. Continued use of the Platform following an update constitutes acceptance of the revised list.

11. DATA PROTECTION

11.1 PDPA compliance. The Platform processes personal data in accordance with the PDPA B.E. 2562 and its subordinate regulations. The Platform's Privacy Policy, available at [URL], sets out the categories of personal data collected, the lawful basis for processing, data retention periods, cross-border transfer mechanisms, and User rights.

11.2 User rights. Users who are data subjects have the rights set out in the PDPA, including the rights of access, rectification, erasure, restriction, portability, and objection. To exercise these rights, contact legal@postim.life. The Platform will respond to verified requests within the timeframes required by PDPA subordinate regulations (30 days for access and rectification; 90 days for erasure as of November 2024).

11.3 Seller obligations regarding buyer data. Where a Seller receives personal data about a Buyer (including name, contact details, or delivery address) in connection with a transaction, the Seller acts as an independent data controller for that data. The Seller must: (a) use that data solely for the purpose of completing the relevant transaction; (b) not retain it beyond the period necessary for that purpose; (c) not transfer it to third parties without the Buyer's consent; and (d) comply with all applicable obligations under the PDPA.

11.4 Cross-border transfers. Personal data may be transferred to data processors located outside Thailand (including cloud infrastructure providers). Such transfers are subject to appropriate safeguards in accordance with PDPA Sections 28-29, including Standard Contractual Clauses where required. Details are set out in the Privacy Policy.

11.5 Data breach. In the event of a personal data breach, the Platform will notify the Personal Data Protection Committee ("PDPC") within 72 hours of becoming aware of the breach, and will notify affected data subjects where there is a high risk to their rights and freedoms, in accordance with PDPA Section 37(3).

11.6 Prohibited data practices. Users must not: (a) post personal data of third parties in listings without the data subject's explicit consent; (b) use the Platform to collect personal data of other Users for purposes unrelated to a specific transaction; or (c) use automated means to harvest contact details or other personal data from the Platform.

12. INTELLECTUAL PROPERTY

12.1 Platform intellectual property. All intellectual property rights in the Platform itself - including its software, design, graphics, compilation of listings, algorithms, and proprietary data - are owned by or licensed to wavetech.software (postim.life). No User acquires any right in Platform intellectual property by virtue of using the service.

12.2 No scraping of Platform content. You may not reproduce, republish, redistribute, sell, create derivative works from, or otherwise commercially exploit any content, data, or compilation from the Platform without the Platform's prior written consent. The Platform's compilation of listings constitutes a protected database and literary work under applicable copyright law.

12.3 User content licence. As stated in Section 5.4, Users retain ownership of content they submit. The Platform does not acquire ownership of User content.

12.4 Third-party intellectual property. If you believe your intellectual property rights have been infringed by a listing on the Platform, follow the notice procedure in Section 8.3.

13. GOVERNING LAW AND JURISDICTION

13.1 Governing law. This Policy and any dispute arising out of or in connection with it shall be governed by and construed in accordance with the laws of the Kingdom of Thailand, without regard to its conflict of laws principles.

13.2 Jurisdiction. Subject to Section 13.4, each party irrevocably submits to the exclusive jurisdiction of the courts of Bangkok, Thailand for the resolution of any dispute arising out of or in connection with this Policy.

13.3 International users. Users who access the Platform from outside Thailand acknowledge that their use is governed by Thai law. However, nothing in this Policy limits any mandatory consumer protection rights that a User may have under the laws of their country of habitual residence where those rights cannot be waived by contract.

13.4 Regulatory compliance. Notwithstanding any jurisdiction clause, the Platform will comply with lawful orders and requirements of competent Thai regulatory authorities, including ETDA, PDPC, and MDES, regardless of the User's location.

14. MODIFICATIONS TO THIS POLICY

14.1 The Platform reserves the right to modify this Policy at any time. Material changes will be notified to registered Users via email or in-Platform notice at least 14 days before taking effect. Continued use of the Platform after the effective date of any modification constitutes acceptance of the revised Policy.

14.2 The current version of this Policy is always available at [URL]. The version date is shown at the top of this document.

15. CONTACT

For questions regarding this Policy, content removal requests, data subject rights requests, or to report prohibited listings, contact:

wavetech.software (postim.life)

[Registered address - to be confirmed on operator formalization]

Email: legal@postim.life

PDPA Data Subject Requests: legal@postim.life

COUNSEL NOTE FOR REVIEW: Before publication, Thai-licensed counsel should verify: (1) CCA Section 14-15 exposure and internal takedown SLA operationalisation; (2) ETDA designation status under Royal Decree B.E. 2565 and whether Sections 8.2 and 10 satisfy current ETDA obligations; (3) PDPA DPO appointment threshold (100,000+ data subjects); (4) adequacy of Standard Contractual Clauses with all data processors; (5) enforceability of the aggregate liability cap in Section 4.2 under Thai Consumer Protection Act B.E. 2522; (6) whether the dispute resolution clause in Section 13.2 requires OCPB registration or other regulatory notification; (7) DBD e-commerce registration status.

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