TERMS AND CONDITIONS OF
Last revision: 06.02.2020
The following Terms and Conditions govern and apply to your use of or reliance upon this website www.termars.com (the “Website”). maintained by
Your access or use of Website indicates that you have read, understand and agree to be bound by these Terms and Conditions and any other applicable laws, statutes and/or regulations. We may change these Terms and Conditions at any time without notice, effective upon its posting to Website. Your continued use of Website will be considered your acceptance to the revised Terms and Conditions.
(A) “Website” means Website named “TERMARS” and has a website address that www.termars.com, Which operates and offers the following features: Online Real Estate booking platform.
(B) “Company” or “Website owner”) means Terra Media and Consulting Co.,Ltd 71 G.P. House Building, Room 6/1, Floor 6, Sap Road, Si Phraya Subdistrict, Bang Rak District, Bangkok 10500.
(C) “You” means the visitor, user, member, website or any other person accessing Website regardless of what kind of visit, use, membership, or access is, in what form, device, channel, and whether or not there is a charge.
(D) “Personal information” means any information, whether yours or any other person that can be used to directly or indirectly identify that person.
(E) “Service” means any service offered on Website by Company.
(F) “Content” means text, articles, opinions, analysis of images, symbols, picture marks, inventions, photos, motion pictures, movies, sounds, sound recordings, designs, commands, instructions, Or communication Regardless of the form or method on Website and whether the content has restricted access or not.
2. PERMISSION AND AGE RESTRICTIONS
2.1 Which Company has made use of Website in accordance with these terms and you wish to use the said website. By using Website, you have read and understood the terms and conditions of this agreement thoroughly and in full accordance with the conditions set forth. For this reason, Company allows you to use Website. Under the terms of this provision.
2.2 You must be at least 20 (twenty) years of age to use this Website or any Services contained herein. By using this Website, you represent and warrant that You are at least 20 years of age and may legally agree to this Agreement. Company assumes no responsibility or liability for any misrepresentation of Your age.
2.3 You agree and promise that you will not allow anyone who is under the age of majority specified in these terms and conditions to use Website on your behalf. And use the utmost effort to prevent such incidents.
3. FEES AND BOOKING PAYMENTS
Using and accessing website content and services is free. Company reserves the right to charge fees for future use and access to the content and services of Website as it deems appropriate. By giving a written notice to the You at least 30 days in advance.
In any case, by using Website You agree not to use Website either directly or indirectly in any of the following ways:
(A) Acts that are contrary to law, court verdicts, orders of government or government agencies.
(B) Acts that may be contrary to public order or customs
(C) Acts in violation of intellectual property, copyrights, trademarks, patents, reputation rights, personal rights and other rights of Company or other persons.
(D) Acts that leads to the collection, disclosure, or provision of unlawful personal information.
(E) Acts that interfere with the operation of the host system, the instruction set or the network of Website.
5. USER ACCOUNTS
5.1 In using website Company may provide the user accounts of each user as you request each time.
5.2 Company has the sole right to approve the opening of user accounts, specify user account types, specify access rights for each type of user account, any costs related to user accounts, duties and responsibilities of you.
5.3 You agree to keep your account name, password, and any other information strictly confidential and agree not to allow, including making the best effort to prevent others from using your account.
5.4 In the event that your account is used by another person You agree and warrant that use by such other persons have acted on your behalf and is binding as if you were doing it yourself.
6. COLLECTION AND USE OF YOUR PERSONAL INFORMATION
By using Website You acknowledge and agree that Company has the right to store, process and use your personal data that you provide to Company, including the following personal information: first name, last name, address, birthday, Phone number, gender, age, education, occupation, work history, ethnicity, religion, photos, credit card information, various settings, account security settings, IP address and location information.
Which your personal information will be used for the following purposes:
1. Identification and database of users
2. Developing website services, finding users' needs and offering services that meet your needs
3. Public relations and marketing and service offerings
5. Marketing research
Which you have the right to access, delete, modify, transfer, refuse personal information provided to Company.
At any time, you may withdraw your consent to the collection and use of your personal information as long as it is not against the law or the rights of Company.
In the event that Company makes use of your personal information, Company agrees to use it as long as it does not cause damage, trouble or annoyance to you and will not disclose it to third parties in a way that may Identify you, except for use and disclosure as required by law or by orders of government enforcement agencies.
Websites may be linked to other websites to help users find websites, services, and / or related products quickly and easily. In which the website owner cannot control, certify, confirm the authenticity, reliability, or responsibility for the content of the website or any connection contained on the said third-party website. The decision to choose the services and/or products offered through these websites is in accordance with the purpose of your or not, depending on yourselves. The website owner is not affiliated with or is responsible for any damages associated with the owner or operator of any website, Including any damages caused by claims of infringement of copyright or other types of intellectual property of third party websites. Website owners do not allow to enter unauthorized links on this website.)
7. USER DUTIES
By using Website, you are responsible for and guarantee to Company that you will use your best efforts to perform the duties and conditions as follows.
(A) You have read and fully understood the terms and conditions of this provision. By visiting, using, or becoming a member of website You agree to all the terms set forth in these terms.
(B) You understand and acknowledge that these Terms are a contract that is binding and legally enforceable between Company and you.
(C) You will take any action necessary and appropriate for your employees, subcontractors, assistants, consultants or any of your representatives to strictly comply with these requirements (if any).
(E) You certify that Content that has been posted on the website does not violate the rights of third parties, including but not limited to copyright, trademarks, privacy or the privacy rights of others.
(F) In the event that someone else claims, claims against you, or you have been sued for or caused by use of website. You will terminate the claim at your own expense and responsibility, and you agree to protect it with your best efforts to prevent Company from being involved in the claim settlement process.
(G) In the event that Company incurs damages or expenses relating to or caused by your use of Website. You agree to indemnify Company of the said damages or expenses entirely.
In using website You may be able to display your content within the website regardless of whether access rights are restricted or not. In which the You agrees to:
(A) Not display content that violates the rights of others, Including but not limited to copyright, fairness, patent rights, trademark rights, product rights, utility product rights, trade secrets, rights to honor, portrait, personal rights and rights in reputation.
(B) Not display content that is contrary to public order and good morals, advocates violence and wrongdoing.
(C) Not display any content that is suspicious, vulgar, deceptive, deceiving or guiding in a manner that may be harmful to other users or causing illegal behavior.
(D) Not display personal or confidential information of others without permission.
(E) Not display false content Whether or not displaying false content will cause damage to others or not.
(F) Not display content that leads to discrimination based on race, national origin, nationality, religion, gender, social status etc.
In addition, the content that you display, publish or post announcements on the website. Company or its affiliates can use the information without conditions as long as it does not cause damage, annoyance or other hazards to you.
9. APPLICATION, ACCEPTANCE, REJECTION OF REQUESTS
You may request to use the services offered on Website by making a request to use the service in accordance with the form and method specified by Website, Which Company has the right to consider accepting your request or reject the request If the discretion of Company or the person assigned by Company See that you do not qualify as a company, not suitable for use of the service, there is no doubt that the information in the request is not true or there are other reasons.
You agree to use the Service on Website starting from the date your request for use of the Service is approved by Company until the end of service or the termination of service by Company or termination of use by you.
11. BREACH OF THE TERMS
(A) You have violated any provisions or representations provided in these Terms or any practices that Website notifies users of, whether general or specific.
(B) You use Website for illegal purposes or against public order.
(C) You take any action that may cause damage to Website, company, other users or third parties.
(D) In the event that you take any action that Company deems inappropriate, Company may reserve the right to take the following actions.
(A) Send an official warning letter to you to correct such behavior.
(B) Suspend your use of Website within a certain period, which may or may not be specified without notice and
(C) Cancel use rights or access to your website without notice.
In the event that Company suspends usage or terminates the use or access of Website According to this specification.
You acknowledge and agrees that Website owner is not responsible for any losses, damages, claims, liabilities, expenses, arising out of or in connection with such operations in accordance with these terms.
12. WEBSITE AVAILABILITY
You agree and acknowledge that Company may suspend the use of Website, in whole or in part, temporarily or permanently, without obligation to compensate you for any damages that may occur in the following cases:
(A) Maintenance of tools and equipment necessary to enable the use of Website Including but not limited to maintenance of the host system.
(B) the improvement and development of the instruction set system in connection with the use of Website including but not limited to the improvement of the instruction set of Website, the improvement of the instruction set of the system.
(C) the tools, equipment, or system of the instruction set relating to the activation of Website cannot be used due to the tool, equipment or system of the instruction set Regardless of whether the tool, equipment, or system of the instruction set is in the possession of Company or a third party.
(D) force majeure including but not limited to power failure, communication failure, accidents, fire accidents, natural disasters, strikes, enforcement or change of law, government orders.
You agree and acknowledge that there is no part in these Terms or within Website, either express or implied that Company will:
(A) Guarantee stability, reliability, accuracy, completeness, effectiveness, suitability for a particular purpose of the user Security, website errors.
(B) Be responsible for any damages that may occur to you in using Website, including but not limited to damage to the equipment, systems you use to use Website or the loss of your data or content, rights and Your reputation, Except the said damage is caused by the intentional action or Company's gross negligence.
(C) Be responsible for any damages arising from your own actions, regardless of whether the user intended or not.
(D) Be responsible for any damages arising from the actions of third parties, including but not limited to the actions of unauthorized persons accessing data (Hackers), computer criminals.
14. INTELLECTUAL PROPERTY
13.1 You understand and acknowledge that all intellectual property rights, including but not limited to, the content of Website, copyright, patents, trademarks, service marks, trade names, or any system design appearing on Website and where it is used. On Website, regardless of the duration, is the absolute right of Website owner.
13.2 You have the right to use the intellectual property irrevocably and irrevocably transferable to each other, as long as Company allows it to be used under the terms of this provision.
13.3 At any time there is no agreement in these terms, either express or implied, to transfer any rights relating to the said intellectual property to you either directly or indirectly.
In using Website You may have known or received information from website or from any other person in order to use Website in accordance with these terms, which has not been publicly disclosed or is not intended for general disclosure at the time of disclosure. You agree to keep the information of Website or the information received from Website confidential, whether personal or commercial information and whether it has value or not and will not disclose, publish, announce to third parties, unless it is a legal act, an order of a government authority or a prior written consent of Company.
You may report any problems from the use of Website, including but not limited to website or instructions errors, the behavior of other users who do not comply with these terms or use in characteristics that may cause unrest, conflict with public morals, support for violence, or behavior in a way that disrupts other users at Terra Media and Consulting Co.,Ltd 71 G.P. House Building, Room 6/1, Floor 6, Sap Road, Si Phraya Subdistrict, Bang Rak District, Bangkok 10500.
In case you have any queries or queries regarding the use of Website, you can learn more about yourself or ask at Terra Media and Consulting Co.,Ltd 71 G.P. House Building, Room 6/1, Floor 6, Sap Road, Si Phraya Subdistrict, Bang Rak District, Bangkok 10500.
Both parties understand that entering into this provision does not cause the contractual parties and the employees of each party to have a relationship as an employee under the labor law or being a legal partner under the partnership and company law in any way.
19. ASSIGNMENT OF RIGHTS
Unless otherwise specified in these terms, you agree not to transfer rights Duty and / or liability under this provision to any person without the prior written consent of Company.
20. WAIVER OF RIGHTS
19.1 If Company does not exercise the right or uses the right to delay in any matter or time, it shall not be considered a waiver of rights.
19.2 If Company exercises the rights only in part or renounces the rights in any matter or at any one time, it shall not be considered as the renunciation of rights in other matters or at other times as well.
2 1. NOTICES
Any notice to be given under this term shall be in writing, which will be considered to have been communicated to you if they have been sent as specified in these terms by the following methods:
(A) Notice on the homepage of Website.
(B) Sent to the message box in accordance with the user's account, or
(C) Sending to the registered electronic mail (Email).
2 2. GOVERNING LAW
This terms and conditions shall be governed by the laws of Thailand.
2 3. DISPUTE RESOLUTION
If there are any disputes arising out of this terms and conditions and the parties cannot reach an agreement, the parties agree to bring the dispute to the court in Thailand.