By using this site, you (“End User”) agree to abide by the terms and conditions that we have hereby provided. If you do not wish to agree to these terms and conditions, please refrain from using this Site.
1. OVERALL conditions
1.1. This Site provides an interactive online service consisting of information services, content and transaction capabilities facilitated through our services , affiliates or merchants (“Merchants”) offering vouchers for sale (“Vouchers”) which may be exchanged for goods and/or services at Merchants and other third parties.
1.2. These terms and conditions sets forth the rules that apply to the use of this Site by the End User. The right to use this Site is personal to End User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User’s password(s), if any. End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of the Site provider, and the latter shall not be responsible for any data lost while transmitting information on the Internet. ThaiCityDeals.com shall have the right at any time to change or discontinue any aspect or feature of the Site.
1.3. End User represents that he/she is of legal age to form a binding contract.
2. Terms AMENDMENT and SITE Monitoring
2.1. ThaiCityDeals.com reserves the right at all times to discontinue or modify any of these Terms and Conditions as deemed necessary or desirable. Such changes may include, among others, the adding of certain fees or charges. If ThaiCityDeals.com makes any substantial changes, we will notify End Users by sending an e-mail to the e-mail address that is registered with End User’s account and/or by posting notice of the change on the Site. Any use of the Site by End User after such notice shall be deemed to constitute acceptance by End User of such modifications.
2.2. ThaiCityDeals.com shall have the right, but not the obligation, to monitor the content of the Site and any Merchant’s sites at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with these terms and conditions and any operating rules established by ThaiCityDeals.com, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, ThaiCityDeals.com shall have the right, but not the obligation, to remove any material that ThaiCityDeals.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
3. End User Conduct
This Site and any merchant’s specific sites are private property. All interactions on this Site and/or Merchant’s site must comply with these Terms of Service and shall be made for lawful purposes only. End User shall not post or transmit through this Site any material which may violate or infringe in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without ThaiCityDeals.com’s express prior written approval, contains advertising or any solicitation with respect to products or services. End User shall not use this Site or any Merchant’s site to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site and Merchant’s sites to become users of other on- or offline services directly or indirectly competitive or potentially competitive with ThaiCityDeals.com.
4.1. All Vouchers printed from the Site or any Merchant’s sites, or any other website associated with ThaiCityDeals.com are promotional vouchers that may be purchased from participating Merchants through ThaiCityDeals.com to be used in exchange for goods and services at a discount from their actual cost. By placing an order for a Voucher from a Merchant through ThaiCityDeals.com, End User make an offer to purchase the Vouchers he/she has selected on the terms and conditions stated below. End User is required to create an account in order to purchase any Voucher so that we can provide End User with easy access to print his/her orders, view his/her past purchases, modify his/her preferences, and to ensure permissible use of the Voucher.
4.2. The Voucher End User purchase through ThaiCityDeals.com is redeemable for goods or services by the Merchant. The Merchant is the seller of the Voucher and the goods and services and is solely responsible for redeeming any Voucher End User may purchase. ThaiCityDeals.com sells a Voucher that can be redeemed in connection with the End User’s purchase of the goods or services from Merchant.
4.3. All Vouchers shall be subject to the terms and conditions of ThaiCityDeals.com and the participating Merchant. The Merchants are the sellers of the goods or services which the End User is purchasing.
4.4. The holder and issuer of a Merchant’s Voucher is the Merchant. As a holder and issuer of the Voucher, the Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant, as well as for any unclaimed property liability arising from unredeemed Vouchers or portions thereof. End User waive, and release ThaiCityDeals.com and its officers, directors, employees and agents from, any claim, liabilities, damages, or injury arising from or related to any act or omission of Merchant in connection with a Voucher or the services/goods provided in connection therewith and/or as it relates to compliance with applicable unclaimed property and other laws relating to the redemption of the Vouchers or any portion thereof. Merchant’s Vouchers are redeemable in their entirety and on a one time basis only and may not be redeemed incrementally.
5. Copyright and Trademarks
5.1. Everything located on or in this Site, including the Merchant’s sites, is the exclusive property of ThaiCityDeals.com or used with express permission of the copyright and/or trademark owner. Any copying, distributing, transmitting, posting, linking or otherwise modifying of this Site or any of the Merchant’s sites without the express written permission of ThaiCityDeals.com is strictly prohibited.
5.2. This Site and any Merchant’s sites contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyrights. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part and may download, print, and/or save copyrighted material for End User’s personal use only.
5.3. ThaiCityDeals.com reserves the right to terminate its agreement with any End User who repeatedly infringes third-party copyright rights upon prompt notification to ThaiCityDeals.com by the copyright owner or the copyright owner’s legal agent.
5.4. All rights in respect of ThaiCityDeals.com’s trademarks are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on ThaiCityDeals.com are the property of their respective owners.
6. Disclaimer of Warranty and Liability
6.1. End User expressly agrees that use of this Site and Merchant’s sites is at the End User’s sole risk. Neither ThaiCityDeals.com, its affiliates, nor any of their respective employees, agents, Merchants, Third-Party content providers or licensors or any of their officers, directors, employees or agents, warrant that use of the Site or any Merchant’s site will be interrupted or error free, nor do they make any warranty as to (1) the results that may be obtained from use of this Site, or any Merchant’s site, or (2) the accuracy, reliability or content of any information, service or vouchers provided through this Site or the connected sites.
6.2. In no event shall ThaiCityDeals.com be liable for any indirect, incidental, special, consequential or punitive damages arising out of or related to these terms and conditions.
6.3. ThaiCityDeals.com is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, ThaiCityDeals.com has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributor(s) and not of ThaiCityDeals.com.
7.1. Depending on the activity, some of the information we request End User to provide is identified as mandatory and some is identified as voluntary. If End User does not provide the mandatory information for a particular activity that requires it, End User will not be permitted to engage in that activity.
7.2. We may use the End User’s Information to provide products and services to End Users, administer sweepstakes and contests, enhance the operation of the Site, improve our marketing and promotional efforts, analyze Site use, improve our product and service offerings, troubleshoot, resolve disputes, accomplish administrative tasks, contact End User, enforce our agreements with End User, including our terms and conditions, comply with applicable law and cooperate with law enforcement activities.
7.3. We may share End User’s information with our Merchants. Sharing this Information may allow the Merchant to market directly the End User should they choose to do so. We specifically disclaim any responsibility or liability for the actions of such Merchant. While we inform them that they are only permitted to communicate with End User for the purposes of the specific promotion with ThaiCityDeals.com, we do not have any responsibility for the actions of the Merchant, and the actions of the Merchant are not in our control.
7.4. We may share End User’s information with Authorized Third Party Service Providers. We provide services and products through third parties. These Third Party Service Providers may perform functions on our behalf, like sending out and distributing our administrative and promotional emails. We may share End User’s Information with such Service Providers to fulfill orders, deliver packages, send postal or email, administer contests or sweepstakes, remove repetitive information on customer lists, analyze data, provide marketing assistance, provide search results and links, process credit card payments, operate the Site, troubleshoot, and provide customer service. We may also collect personal information from individuals and companies (“Affiliates”) with whom we have business relationships and may share End User information with Service Providers to accomplish our administrative tasks. Likewise, we may release an Affiliate’s information to our bank to send out a payment. The use of End Users’ Information by such parties is governed by the privacy policies of such parties and is not subject to our control.
7.5. We may remarket End User’s information. Remarketing is a way for us to connect with users, based upon End User’s past interactions with the Site.
7.6. We may share End User’s information in a Business Transfer. As with any other business, we could merge with, or be acquired by another company. If this occurs, the successor company would acquire the information we maintain, including End User’s Information.
7.7. We may share End User’s information for our Protection and the Protection of Others. We reserve the right to disclose End User’s information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Site; enforce or apply these terms and conditions or other agreements; or protect the rights, property or safety of the Site, its Users or others.
7.8. We encourage End User to promptly update its personal Information if it changes. End User may request to have its information on its account deleted or removed; however, because we keep track of past transactions, End User cannot delete information associated with past transactions on the Site.
7.9. End User acknowledges that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectively “Communities”) are public and not private communications, and that, therefore, others may read End User’s communications without End User’s knowledge. ThaiCityDeals.com does not control or endorse the content, messages or information found in any Community, and, therefore, ThaiCityDeals.com specifically disclaims any liability concerning the Communities and any actions resulting from End Users’ participation in any Community, including any objectionable content. Generally, any communication which End User posts to ThaiCityDeals.com (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by ThaiCityDeals.com as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Site or any Merchant’s site, End User grants ThaiCityDeals.com the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose without territorial, time or other limitation.
8. License Grant
By posting communications on or through this Site or any Merchant’s site, End User shall be deemed to have granted to ThaiCityDeals.com a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees.
9.1. End User agrees to defend, indemnify and hold harmless ThaiCityDeals.com, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by End User in connection with the Site or any Merchant’s site.
9.2. End User is solely responsible for interactions with Merchants and other users of the Site or Merchant’s site. To the extent permitted under applicable laws, End User hereby releases ThaiCityDeals.com from any and all claims or liability related to any product or service of a Merchant, any action or in-action by Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Voucher, and any conduct or speech, whether online or offline, of any other user.
ThaiCityDeals.com may terminate its service towards End User at any time. Without limiting the foregoing, ThaiCityDeals.com shall have the right to immediately terminate or suspend any passwords or accounts of End User in the event of any conduct by End User or which ThaiCityDeals.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of these terms and conditions.
11. Governing Law
11.1. These terms and conditions shall be governed by and construed in accordance with the laws of the Kingdom of Thailand applicable to contracts made and performed in Thailand without regards to conflicts of laws principles.
11.2. The parties submit to the exclusive jurisdiction of The Kingdom of Thailand with relation to the subject matter of this agreement.
No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. If any provision of these terms and conditions is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in these terms and conditions, and the remaining portions of these terms and conditions shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.