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Terms & Conditions

HOMES THAILAND - General Terms of Use

Your agreement with HOMES THAILAND

HOMES THAILAND owns and operates the websites at www.homes-thailand.com & www.agent.homes-thailand.com .

Your use of the Website is governed by the terms in this document, as they may be amended from time to time, and the other notices that apply to users of the Website that are posted on the Website and that you can access to read on the Website (together called the Terms).

If there is a contradiction between what a Notice says and the terms of this document in relation to the Website, the terms of this document prevail to the extent of the contradiction.

You may enter a written Marketing, Sales or other Agreement with HOMES THAILAND that also governs your use of the Website. If so, the terms of that other agreement prevail to the extent that they contradict the Terms.

You are referred to as a user in the Terms.

Accepting the Terms

By using the HOMES THAILAND, you agree to the Terms. If you do not agree to the Terms, you must stop using the Website.

Changing the Terms

HOMES THAILAND may change the Terms from time to time. When these changes are made, HOMES THAILAND will make a new copy of the Terms available at https://www.homes-thailand.com/terms .

You understand and agree that if you use the Website after the date on which the Terms have changed, HOMES THAILAND will treat your use as acceptance of the changed Terms.

Owning and using HOMES THAILAND Website material

Rights and interests (including in any copyright) in all material and information on or related to the Website (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) are owned either by HOMES THAILAND or by third parties (such as sponsors, advertisers or real estate developers).

You may only copy or print copyright material for non-commercial, private use only. All other copying, reproduction or other use of copyright material is prohibited, except to the extent permitted by law or unless you have written permission from HOMES THAILAND or the relevant copyright owner. If you are given written permission, in addition to any other conditions on that permission, you must acknowledge the copyright owner’s name and copyright interest whenever the copyright material is copied, reproduced or otherwise used.

Nothing in the Terms gives you a right to use any of HOMES THAILAND or any other person’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

You agree that:

Your use of the HOMES THAILAND Website is at your sole risk

You will not use the HOMES THAILAND Website in a manner inconsistent with applicable law without limiting this, you will not engage in any activity that interferes with or disrupts the HOMES THAILAND Website (including the servers and networks that are connected to the Website)

HOMES THAILAND has the right (but is not obliged) to monitor, keep, use and disclose any information necessary for any applicable law, any legal proceeding and any government request

Advertisements on the HOMES THAILAND Website

The HOMES THAILAND Website may display advertisements and promotions. Any advertising or promotion on the HOMES THAILAND Website does not imply an endorsement or recommendation by HOMES THAILAND.

Information on the HOMES THAILAND Website, including in any advertisements or promotions, does not constitute legal, financial or property advice.

Privacy and your personal information

In order to use the HOMES THAILAND Website, you may be required to provide information about yourself (such as your name, email address and postcode). You agree that any information you give to HOMES THAILAND will be accurate, correct and up-to-date.

You are solely responsible for ensuring that all content and any material or information that you post on or transmit via the HOMES THAILAND Website, conforms to all applicable data protection and privacy laws, including ensuring that you have first obtained the consent of any and all individuals whose personal information you use or disclose on or through the HOMES THAILAND Website.

For information about HOMES THAILAND’s data protection practices, please read HOMES THAILAND’s privacy policy which is on the website. This policy explains how HOMES THAILAND treats your personal information, and protects your privacy, when you use the HOMES THAILAND Website.

You agree to the use of your data according to HOMES THAILAND’s privacy policy.

Links to other websites

The HOMES THAILAND Website may include hyperlinks to other web sites or content or resources. HOMES THAILAND has no control over or responsibility for any web sites or resources provided by organisations or people other than HOMES THAILAND, including for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

You acknowledge and agree that HOMES THAILAND is not liable for any loss or damage which may be incurred by you as a result of the availability of third party websites or resources, or as a result of your reliance on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, these web sites or resources.

Disclaimers, exclusions and limitations

Information on the HOMES THAILAND Website, including in any publications, does not constitute legal, financial or property advice.

The HOMES THAILAND Website is provided “as is” and “as available”. Without limiting this, HOMES THAILAND is not responsible for any content on the HOMES THAILAND Website. Neither HOMES THAILAND nor any of its related bodies corporate, nor any of its directors, officers, employees or agents make any representations or warranties about the HOMES THAILAND Website or its content, including that any information obtained by you as a result of your use of the HOMES THAILAND Website, or the HOMES THAILAND Website or its contents, is accurate or reliable, or that your access to the HOMES THAILAND Website will be uninterrupted and secure. HOMES THAILAND excludes, to the maximum extent permitted by law, all direct and indirect liability that may arise as a result of the use of the HOMES THAILAND Website, including all content, however arising and under any theory of liability, including negligence.

Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Nothing in the Terms excludes or limits HOMES THAILAND’s liability that may not be lawfully excluded or limited by applicable law. Accordingly, only the limitations that are lawful in your jurisdiction apply to you and HOMES THAILAND’s liability is limited to the maximum extent permitted by law.

To the extent permitted by applicable law, HOMES THAILAND’s liability for breach of any implied warranty or condition that cannot be excluded is limited, at HOMES THAILAND’s option, to:

a) in the case of services supplied by HOMES THAILAND: the re-supply of the services or the payment of the cost of having the services re-supplied;

b) in the case of goods supplied by HOMES THAILAND: the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of having the goods replaced or the payment of the cost of having the goods repaired.

General legal terms

Sometimes when you use the HOMES THAILAND Website, you use a service provided by another person. Your use of these other services may be subject to separate terms between you and the other person. If so, the Terms do not affect your legal relationship with this other person.

Apart from any other written agreement, such as a Marketing Agreement, between you and HOMES THAILAND, the Terms constitute the whole legal agreement between you and HOMES THAILAND and govern your use of the HOMES THAILAND Website, and replace any prior agreements between you and HOMES THAILAND in relation to the HOMES THAILAND Website.

You agree that HOMES THAILAND may provide you with notices, including those about changes to the Terms, by email, regular mail, or postings on the HOMES THAILAND Website.

A reference to a “person” in the Terms includes a natural person, corporation, incorporated association, statutory corporation and any other type of legal entity.

The word “including” means “including but not limited to”.

If a part of the Terms cannot be fully enforced, then that part is taken to be deleted from the Terms, unless this is not possible or unless the deletion would change what HOMES THAILAND intends to be the effect of the Terms.

The Terms are governed by the laws in force in Thailand. You submit to the non-exclusive jurisdiction of the courts in Thailand and courts competent to hear appeals from those courts to resolve any legal matter arising from the Terms.

Dispute resolution

1. A party to a dispute under this agreement (except a dispute relating to payment or intellectual property) must not start or maintain litigation or arbitration in relation to the dispute (except for urgent interlocutory relief or a stay of proceedings because of this clause 1) until it has complied with this clause 1.

2. A party who requires a dispute of the kind described in clause 1 to be resolved must, within 5 working days, give the other party a written notice that gives brief details of the dispute.

3. Within 5 working days of the other party’s receipt of the notice given under clause 2, the parties must ensure that their respective head of sales (or a person in the equivalent position, or their nominees who are authorised to try to resolve the dispute):

(a) meet at a time and place that HOMES THAILAND nominates; and

(b) use their best efforts to attempt to resolve the dispute.

If a dispute is not resolved under clause 3 within 5 working days of the meeting, the parties must ensure that their respective chief executive officers (or a person in the equivalent position, or their nominees who are authorised to try to resolve the dispute):

(a) meet at a time and place that HOMES THAILAND nominates; and

(b) use their best efforts to attempt to resolve the dispute.

4. Despite the existence of a dispute, the parties must continue to perform their respective obligations under this agreement.