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Terms of Use

Last updated: 14 April 2026 · Version 2.0

These Terms of Use ("the Terms") govern access to, and use of, the website lotuswebagency.com, together with its Thai-language mirror at /th/ (collectively, "the Site"), which is operated by the Company identified in Section 2. The User is requested to read these Terms carefully. By accessing or otherwise using the Site, the User signifies unconditional acceptance of these Terms. A User who does not accept these Terms shall not access or use the Site.

1. Acceptance of Terms

Access to and use of the Site is conditional upon the User's acceptance of, and compliance with, these Terms. By browsing, accessing, or otherwise using the Site, the User shall be deemed to have read, understood, and agreed to be bound by these Terms, together with the Privacy Policy and the Accessibility Statement, each of which is incorporated by reference. Where the User does not agree to any provision of these Terms, the User shall immediately cease using the Site.

2. Definitions

For the purposes of these Terms, the following expressions shall have the meanings respectively assigned to them:

  • "the Company" means LW AGENCY LIMITED, trading as LotusWebAgency, a company incorporated in the Hong Kong Special Administrative Region of the People's Republic of China under Business Registration Number 76684183, with its registered office at Unit 2A, 17/F, Glenealy Tower, No.1 Glenealy, Central, Hong Kong S.A.R.
  • "the Site" means the website published at lotuswebagency.com, together with its Thai-language mirror at /th/, and any subdomain, successor domain, or mirror operated by the Company from time to time.
  • "the User" means any natural person who accesses the Site, irrespective of the User's place of residence and irrespective of whether the User avails itself of any link or channel of communication presented on the Site.
  • "Content" means all material published on, or made accessible through, the Site, including without limitation text, graphics, photographs, illustrations, logos, trade marks, trade names, design elements, audiovisual material, source code, object code, markup, stylesheets, fonts (to the extent licensed to the Company), and the selection, arrangement, and coordination thereof.
  • "Services" means the web development, e-commerce, maintenance, hosting, automation, and digital marketing services described on the Site, which are supplied by the Company, where supplied, under separate written engagement pursuant to Section 4.

3. Eligibility and Age

The Site is not directed to children. In alignment with the universal age threshold adopted in the Privacy Policy, the Company does not knowingly permit any natural person under the age of sixteen (16) to use the Site. A User who is under the age of sixteen (16) shall not access or use the Site. Where the Company becomes aware that a User is under the age of sixteen (16), the Company reserves the right to terminate such User's access to the Site and to delete any personal data which may have come into its possession, in accordance with the Privacy Policy.

4. Description of the Site

The Site is provided solely for informational and marketing purposes. The Site describes the Services offered by the Company; it does not process any purchase, does not operate any user account, does not operate any contact form, and does not host any interactive feature by which the User may transmit personal data or place an order.

Nothing published on the Site shall constitute an offer to contract, a solicitation, an invitation to treat capable of acceptance, a warranty, or a representation on which any person may rely. The Services are supplied, where supplied, under separate written engagement concluded between the Company and the client, the terms of which shall prevail over any description appearing on the Site. All channels of contact presented on the Site direct the User to third-party messenger services (notably Telegram, Line, and WhatsApp) or to the Company's electronic-mail address, and remain subject to Section 7.

5. Permitted Use and Prohibited Conduct

Access to and use of the Site is subject to the following conditions.

The User is permitted to browse the Site, to view the Content for personal non-commercial purposes, and to follow the external links presented on the Site in accordance with Section 7. Routine crawling of publicly-available pages by search-engine robots acting in compliance with the directives contained in robots.txt and in the <meta name="robots"> declarations is permitted.

The User shall not, and shall not procure or permit any third party to:

  • reproduce, duplicate, copy, republish, distribute, publicly display, transmit, sell, or otherwise exploit any part of the Content for any commercial purpose without the prior written consent of the Company;
  • scrape, harvest, or otherwise collect data from the Site by automated means exceeding the reasonable crawling permitted above, including without limitation through the use of headless browsers, robots, spiders, or other automated agents acting in disregard of robots.txt or of a rate limit imposed by the Company or its processors;
  • reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software component made available on or through the Site, save to the extent that such activity is expressly authorised by mandatory provisions of applicable law;
  • attempt to gain unauthorised access to the Site, to any server on which the Site is hosted, or to any account, system, or network connected to the Site, whether by circumvention of authentication, exploitation of a vulnerability, or any other means;
  • introduce to the Site any virus, worm, Trojan horse, ransomware, logic bomb, or any other material that is malicious or technologically harmful;
  • conduct any denial-of-service attack, distributed denial-of-service attack, or other activity designed to impair the availability, integrity, or performance of the Site;
  • frame, mirror, or otherwise embed the Site, or any part of the Site, within any other website without the prior written consent of the Company, save for customary linking to a publicly-accessible page of the Site accompanied by proper attribution;
  • use the Site in violation of any law, regulation, or order applicable in the User's place of habitual residence or in any jurisdiction from which the Site is accessed, or in a manner which infringes the rights of any third party;
  • represent or imply any affiliation with, sponsorship by, or endorsement from the Company in the absence of a written agreement to that effect.

6. Intellectual Property

All Content is owned by the Company or licensed to the Company by third parties. The Content, together with the selection, arrangement, and coordination thereof, is protected by copyright, database rights, trade-mark rights, and other intellectual-property rights recognised under the laws of the Hong Kong Special Administrative Region and under any other jurisdiction in which such protection subsists.

Subject to strict compliance with these Terms, the Company grants to the User a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and view the Site for personal non-commercial purposes. No other right, title, or interest in the Content is granted, whether by implication, estoppel, or otherwise. All rights not expressly granted are reserved to the Company and its licensors.

The name LotusWebAgency, the name LW AGENCY LIMITED, the lotus device, and any other mark, logo, slogan, or trade name appearing on the Site are trade marks of the Company (whether registered or unregistered, as the case may be). The User shall not use any such mark without the prior written consent of the Company, save to the extent that such use is permitted under the doctrine of fair use, referential use, or any analogous doctrine recognised by applicable law.

7. Third-Party Links and Services

The Site contains links to third-party websites, platforms, and messenger services, including without limitation the following:

  • Messenger services — Telegram (operated by Telegram FZ-LLC), LINE (operated by LY Corporation), and WhatsApp (operated by WhatsApp LLC, a subsidiary of Meta Platforms, Inc.);
  • Professional platforms — Upwork (operated by Upwork Global Inc.) and LinkedIn (operated by LinkedIn Corporation, a subsidiary of Microsoft Corporation);
  • Client portfolio references — links to websites operated by the Company's clients, each of which is controlled by the relevant client and not by the Company.

Such links are provided for the User's convenience. The Company neither owns, operates, nor controls any such third-party service and assumes no responsibility whatsoever for the content, policies, data-processing practices, availability, or conduct of any third-party service. The User's use of any third-party service is entirely at the User's own risk and is governed by the terms and privacy policies of the operator of that service.

8. Privacy

The processing of personal data in connection with the User's use of the Site is governed by the Privacy Policy, published at https://lotuswebagency.com/privacy/, which is hereby incorporated into these Terms by reference. By using the Site, the User acknowledges having had the opportunity to read the Privacy Policy. The Privacy Policy applies a strictest-rule methodology across multiple jurisdictions, including the Hong Kong PDPO, the Thailand PDPA, the UK GDPR, the EU GDPR and French CNIL guidance, the CCPA and U.S. state comprehensive privacy laws, COPPA, the Swiss nFADP, PIPEDA and Quebec Law 25, the Australian Privacy Act, the Singapore PDPA, the Japanese APPI, the Brazilian LGPD, and the South African POPIA.

9. Accessibility

The Company is committed to making the Site accessible to all Users, including persons with disabilities, and targets conformance with the Web Content Accessibility Guidelines ("WCAG") 2.2 at conformance level AA. Further detail concerning conformance, measures taken, known limitations, and the procedure for reporting accessibility barriers is set out in the Accessibility Statement, which is incorporated into these Terms by reference. Feedback concerning accessibility may be addressed to the Company at the electronic-mail address set out in Section 20.

10. Disclaimer of Warranties

To the maximum extent permitted by applicable law, the Site and the Content are provided on an "as is" and "as available" basis, without warranty of any kind, whether express, implied, statutory, or otherwise. The Company expressly disclaims all warranties of merchantability, fitness for a particular purpose, non-infringement, title, quiet enjoyment, accuracy, completeness, timeliness, and freedom from error. The Company does not warrant that the Site will be uninterrupted, secure, or free from viruses or other harmful components, nor that any defect will be corrected.

Nothing in these Terms shall operate to exclude, restrict, or modify any warranty, condition, guarantee, right, or remedy conferred upon the User by a mandatory provision of the law applicable in the User's place of habitual residence, where such exclusion, restriction, or modification would be unlawful under that law. This includes, without limitation, the restrictions on the exclusion of liability imposed by the Hong Kong Control of Exemption Clauses Ordinance (Cap. 71), the United Kingdom Consumer Rights Act 2015, the European Union Consumer Rights Directive (Directive 2011/83/EU) as transposed in each Member State, and the consumer-protection statutes enacted in the various states of the United States of America and in other jurisdictions. The exclusions and limitations set out in this Section shall apply only to the extent permitted by the law so applicable.

11. Limitation of Liability

To the maximum extent permitted by applicable law, the Company, its directors, officers, employees, agents, and subcontractors shall not be liable to the User, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect, incidental, special, consequential, punitive, or exemplary damages, for any loss of profits, revenue, goodwill, business opportunity, anticipated savings, or data, or for any similar loss, arising out of or in connection with the User's access to or use of, or inability to access or use, the Site, irrespective of whether the Company was advised, or ought reasonably to have foreseen, the possibility of such damages.

To the maximum extent permitted by applicable law, the aggregate liability of the Company for direct damages arising out of or in connection with the Site shall not exceed the amount, if any, paid by the User to the Company for access to the Site. The User acknowledges that no charge is levied for access to the Site and that the said aggregate cap is, accordingly, zero.

The limitations and exclusions set out in this Section shall not apply to any liability which cannot lawfully be limited or excluded under the law applicable in the User's place of habitual residence, including without limitation liability arising from gross negligence, wilful misconduct, or fraud, liability for death or personal injury caused by the negligence of the Company, liability under mandatory provisions of the Hong Kong Control of Exemption Clauses Ordinance (Cap. 71), the United Kingdom Consumer Rights Act 2015, the European Union Consumer Rights Directive, the consumer-protection statutes of the various U.S. states, or any other law the mandatory provisions of which would override any such limitation or exclusion.

12. Indemnification

The User shall indemnify, defend, and hold harmless the Company, its directors, officers, employees, agents, and subcontractors from and against any and all third-party claims, demands, proceedings, losses, liabilities, damages, costs, and expenses (including reasonable legal fees on an indemnity basis) arising out of, or in connection with, (i) any breach by the User of these Terms, (ii) any misuse of the Site by the User, or (iii) any violation by the User of any law, regulation, or right of a third party. This Section shall not apply to the extent that such claims arise from the Company's own gross negligence, wilful misconduct, or fraud.

13. Force Majeure

The Company shall not be liable for any failure or delay in the performance of its obligations under these Terms, or for any unavailability or impairment of the Site, where such failure, delay, unavailability, or impairment results from any event or circumstance beyond the Company's reasonable control, including without limitation acts of God, natural disasters, epidemics or pandemics, war, armed conflict, civil commotion, terrorism, cyber-attack, failure of a public telecommunications or internet-service provider, failure of a hosting or content-delivery provider, industrial action, action of a governmental or supervisory authority, or change of applicable law.

14. Severability

If any provision of these Terms is held by a court or other competent authority to be invalid, illegal, or unenforceable, in whole or in part, under the law of any jurisdiction, such holding shall not affect the validity, legality, or enforceability of any other provision of these Terms, nor of the provision in question under the law of any other jurisdiction. The Company and the User shall use all reasonable endeavours to replace the invalid, illegal, or unenforceable provision with a valid provision the effect of which is as close as possible to the intended effect of the original provision.

15. Entire Agreement

These Terms, together with the Privacy Policy and the Accessibility Statement, constitute the entire agreement between the Company and the User concerning access to and use of the Site, and supersede any and all prior representations, communications, and agreements, whether oral or written, concerning the subject matter hereof. For the avoidance of doubt, where the Company and a client enter into separate written engagement for the supply of Services, the terms of that engagement shall govern the supply of those Services, and these Terms shall continue to govern access to and use of the Site.

16. Assignment

The Company may assign, transfer, novate, or sub-contract any or all of its rights and obligations under these Terms, in whole or in part, to any third party, at any time, without the consent of the User, including without limitation in the context of a corporate reorganisation, merger, acquisition, or sale of assets. The User shall not assign, transfer, novate, or sub-contract any right or obligation under these Terms without the prior written consent of the Company.

17. No Waiver

No failure or delay by the Company to exercise any right, power, or remedy under these Terms or at law shall operate as a waiver thereof, nor shall any single or partial exercise preclude any further or other exercise of such right, power, or remedy. A waiver by the Company shall be effective only if given in writing and signed by a duly authorised representative of the Company, and shall apply only to the specific circumstances for which it is given.

18. Amendments

The Company reserves the right to amend these Terms at any time, in its sole discretion. Where an amendment is material, the "Last updated" date and the version number appearing at the head of these Terms shall be updated accordingly. Continued access to, or use of, the Site after the date of such update shall constitute acceptance by the User of the amended Terms. A User who does not agree to any amendment shall cease using the Site. The Company shall not be required to notify the User individually of any amendment, save where mandatory provisions of applicable consumer-protection law would require such individual notification.

19. Governing Law and Jurisdiction

These Terms, and any non-contractual obligation arising out of or in connection with them, shall be governed by, and construed in accordance with, the laws of the Hong Kong Special Administrative Region of the People's Republic of China, without regard to its conflict-of-laws rules. The courts of the Hong Kong Special Administrative Region shall have exclusive jurisdiction to hear and determine any dispute, claim, or proceeding arising out of or in connection with these Terms or the Site.

The foregoing choice of law and choice of forum shall operate without prejudice to any mandatory consumer-protection right, remedy, or forum conferred upon the User by the law of the User's place of habitual residence, to the extent that such mandatory right, remedy, or forum may not lawfully be excluded by contract. A User who is a consumer within the meaning of the law of the User's place of habitual residence shall retain the right to bring proceedings before, and to avail itself of the protection of, the courts and the mandatory rules of that place, where applicable law so requires.

20. Contact

Questions, comments, or notices concerning these Terms shall be addressed to the Company at the following electronic-mail address: hello@lotuswebagency.com. Postal correspondence may be addressed to the Company at its registered office: Unit 2A, 17/F, Glenealy Tower, No.1 Glenealy, Central, Hong Kong S.A.R.