Website Terms, Conditions and Notices
The terms “we”, “us”, “our” and “ours” refer to Thai Tour Info Co., Ltd. The term “you” refers to the customer visiting choowap.com and/or contributing content on choowap.com. “Website” hereinafter refers to choowap.com and related websites under branded choowap. “Hotel” hereinafter means hotels, resorts, guesthouses, inns, campsites, tour operators, and whosoever refers to hospitability and accommodation business providers, entering into official room-renting contracts through us. We provide an online platform through which Hotel can advertise their rooms for reservation, and through which you can make such reservations. By making a reservation through Website, you enter into a direct contractual relationship with Hotel at which you book. From the point at which you make your reservation, we act solely as an intermediary between you and Hotel, transmitting the details of your reservation to the relevant Hotel and sending you a confirmation email on behalf of Hotel.
Website is offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing or using Website in any manner, you agree to be bound by the Agreement. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use Website. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.
When rendering our services, the information that we disclose is based on the information provided to us by Hotel. We, however, will use reasonable skill and care in performing our services we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our website or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each Hotel remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) displayed on our website. Our website does not constitute and should not be regarded as a recommendation or endorsement of (the quality, service level or rating of) any Hotel made available.
USE OF THE WEBSITE
As a condition of your use of this Website, you warrant that
1. all information supplied by you on Website is true, accurate, current and complete;
2. if you are a website member, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you; and
3. you are 18 years of age or older in order to register for an account and contribute to our website. We do not knowingly collect the information of anyone under the age of 18. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
The content and information on Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or
other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit,
display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through Website.
Additionally, you agree not to:
1. use Website or our contents for any commercial purpose, unless we permit to do so in written document;
2. access, monitor or copy any content or information of Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
3. violate the restrictions in any robot exclusion headers on Website or bypass or circumvent other measures employed to prevent or limit access to Website;
4. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
5. deep-link to any portion of Website for any purpose without our express written permission; or
6. "iframe", "mirror" or otherwise incorporate any part of Website into any other websites without our prior written authorization.
7. attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with Website or the services
REVIEWS, COMMENTS AND USE OF OTHER INTERACTIVE AREAS
We appreciate hearing from you. Please be aware that by submitting content to Website by electronic mail, postings on Website or otherwise, including any Hotel reviews,
questions, feedbacks, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant us and our business partners, royalty-free,
perpetual, transferable, irrevocable and fully sub-licensable right to
(a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and
(b) use the name that you submit in connection with such Submission. You acknowledge that we may choose to provide attribution of your comments or reviews at our discretion. You further grant us the right to pursue at law any person or entity that violates your or our rights in Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary.
The Site may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of travel experiences or other content,
messages, materials or other items on the Site ("Interactive Areas"). If we provide such Interactive Areas, you are solely responsible for your use of such Interactive Areas
and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
a. Any message, data, information, text, music, sound, photos, graphics, code or any other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b. Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, Thai or international law;
c. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
d. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including our staff and hotel staff;
e. Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
f. Personalized information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
g. Viruses, corrupted data or other harmful, disruptive or destructive files;
h. Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
i. Content or links to content that, in our sole judgment, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or (d) which may expose us or our business partners or its users to any harm or liability of any type.
We take no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, we are not liable for any statements, representations or Content provided by the users in any public forum, personal home page or other Interactive Area. Although we have no obligation to check, edit or monitor any of the Content posted to or distributed through any Interactive Area. We reserve the right, and have absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that
(a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto;
(b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by us or our licensees, successors and assigns;
(c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and
(d) you forever release us, and our licensees, successors and assigns, from any claims that you could otherwise assert against us by virtue of any such moral rights.
The information, software, products, and service published on Website may include inaccuracies or errors. We and our business partners do not guarantee the accuracy of and disclaim all liability for any errors or other inaccuracies relating to the information and description of Hotel, air, cruise, car and any other Hotel products displayed on Websites (including, but not limited to, pricing, photographs, map, location and their amenities, general travel descriptions, etc).
We make no representations about the suitability of the information, software, products, and services contained on Website for any purpose, and the inclusion or offering of any products or services on Website does not constitute any endorsement or recommendation of such products or service by us.
All such information, software, products, and services are provided “as is” without warranty of any kind. We disclaim all warranties and conditions that Website, our servers or any email sent from us, are free of viruses or other harmful components. We hereby disclaims all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and no infringement.
In no event shall we, our staff and business partners, be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of Website or with the delay or inability to access, display or use Website (including but not limited to, your reliance upon opinions appearing on Website; any computer viruses, information, software, linked sites, products and services obtained through Website; or otherwise arising out of the access to, display of or use of Website) where based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if we have been advised of the possibility of such damages.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to our benefit.
You agree to defend and indemnify us, our staff, and our business partners from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited
to reasonable legal and accounting fees, brought by third parties as a result of:
1. your breach of this Agreement or the documents referenced herein;
2. your violation of any law or the rights of a third party; or
3. your use of Website.
LINKS TO THIRD-PARTY SITES
Website may contain hyperlinks to websites operated by parties other than ours. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites.
SOFTWARE AVAILABLE ON OUR WEBSITE
Unless stated otherwise, the software required for our services or available at or used by Website and the intellectual property rights (including the copyrights) of the contents and information of and material on our website are owned by us, our suppliers or business partners.
These terms and conditions and the provision of our services shall be governed by and construed in accordance with Thai law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Thailand. Website is controlled and operated in our office located in Bangkok, Thailand. We make no representation that materials on our websites are appropriate or available for use outside Thailand. Those who choose to access our websites from outside Thailand do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable.
Please note that all Software, including, without limitation, all HTML, XML, Java code and Active X controls contained on Website, is owned by us, and/or our business partners, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software or content is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
These fees cover the costs incurred by us in servicing your Hotel reservation. The fees will be implicitly explained on the time of your reservation made.
TERMS AND CONDITIONS
Terms and conditions of reservation and payment for each Hotel are applicable and subject to each specific written statement on each webpage of Hotel’s terms and conditions.
Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes may not be updated on a daily basis. The information supplied by this application is believed to be accurate, but we, and/or our business partners do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates before doing any payment transaction. We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.
COPYRIGHT AND TRADEMARK NOTICES
All contents of Website are: ©2011 Thai Tour Info Co., Ltd. All rights reserved. We are not responsible for content on websites operated by parties other than ours. We, the box logo and all other product or service names or slogans displayed on the Site are registered and/or common law trademarks of Thai Tour Info Co., Ltd. and/or our suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior our written permission or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is our service mark, trademark and/or trade dress and may not be copied, imitated or used, in whole or in part, without the prior written permission from us. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are our own property. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Website is operated by us as a Thai entity and this Agreement is governed by the laws of Thailand. You hereby consent to the exclusive jurisdiction and venue of courts in Thailand and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of Website. You agree that all claims you may have against Thai Tour Info Co., Ltd. arising from or relating to the Site must be heard and resolved in a court of competent subject matter jurisdiction located in Thailand
For answers to your questions or ways to contact us, visit our firstname.lastname@example.org. Or, you can write to us at: contact us