Terms of Use
ข้อตกลงในการใช้งาน
Welcome to https://property101thailand.com/, as operated by Phirunin, Inc. (“Company” or “we”). Our website and mobile applications present custom and branded contents, also allow companies to list condominiums, houses or other real estate for rent or sale (collectively the “Service”). Company makes this Service available to users of the Service subject to these terms of use (the “Terms”). These Terms represent a legal contract between you, a user of the Service seeking properties for rent or sale (“you”), and Company, regarding your access to and use of the Service.
1. Acceptance of the Terms
Please read these Terms carefully before you start to use the Service. By using the Service, you accept and agree to be bound and abide by these Terms, our Privacy Policy and any additional posted guidelines, rules and terms applicable to specific services, features, and downloadable applications, which may be posted from time to time (collectively, the “Guidelines”). Our Privacy Policy and such Guidelines are incorporated by reference into these Terms.
If you do not agree to these Terms, the Privacy Policy or the Guidelines, you must not access or use the Service.
2. Consent to Auto-Dialed Text Messages and Phone Calls.
You agree that Company may contact you by autodialed text messages and phone calls with information about the Service, your account, and marketing messages, even if your phone number is on a do-not-call list. You are not required to provide this consent as a condition of purchasing anything or using the Service. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to the person that acquires your old number.
3. Contacting Us
If you have any questions or concerns relating to the Service or these Terms, you may contact us at:
Phirunin, Inc.
Level 30,
Bhiraj Tower at Emquartier
689 Sukhumvit Rd. (Soi 35),
Klongton Nuea, Vadhana
Bangkok, 10110
and
4. Changes to these Terms and the Service
Company may amend these Terms. All changes are effective immediately when we post them. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes. We reserve the right to withdraw, amend or discontinue any part of our Service in our sole discretion without notice. The Service may be out of date and Company makes no commitment to update materials on the Service.
5. Age and Geographic Restrictions
The Service is offered and available to users who are 18 years of age or older. By using this Service, you represent and warrant that you are of legal age to form a binding contract with the Company. If you do not meet all of these requirements, you must not access or use the Service.
6. Privacy Policy
This privacy policy applies to your information that:
- you provide to us,
- we receive when you send us emails, text messages, and other electronic communications,
- we learn from you when you access or use the Services and our social media pages such as Facebook, Twitter, Instagram, LinkedIn, and YouTube,
- we receive from our business customers (for example, property management companies who list properties on our Site), and
- we learn when you interact with our advertisements that are displayed on other websites or applications.
This privacy policy describes how we may collect, use, and disclose your information, as well as options available to you and your rights. If you do not want information about you to be used in the manner described in this privacy policy, please do not use the Services.
This privacy policy does not cover, and we are not responsible for the privacy, data or other practices of any our business customers (for example, property management companies) or third parties (except as required by applicable law).
7. Dispute Resolution and Arbitration
Please read the following arbitration provision carefully. It requires you to arbitrate certain disputes with the Company arising out of these Terms, the Service or any other product or service of the Company (“Disputes”) and limits the manner in which you can seek relief from us.
Both you and Company acknowledge and agree that for purposes of any Dispute, Company’s officers, directors, employees, agents and independent contractors (“Personnel”) are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, the Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.
Informal Dispute Resolution. Before filing a claim against the Company, please contact us at the contact information under Contacting Us. We’ll try to resolve the Dispute informally. If a Dispute is not resolved within 15 days after submission, you or the Company may bring a formal arbitration proceeding.
We Both Agree To Arbitrate. You and the Company both agree to resolve any Disputes through final and binding arbitration, except as set forth under the exceptions below.
8. Account Information
In order to use the Service, you will have to create an account through our online registration form. You may also register from the Facebook marketplace or by using your login(s) for Google or Facebook or other social networking sites. When creating an account, you must provide true, accurate, current, and complete information. You also must ensure that this information is kept accurate and up-to-date at all times. You agree that all information you provide to register with this Service is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
Password. When you register you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account or password), you should immediately notify Company. You may be liable for the losses incurred by Company or others due to any unauthorized use of your account.
You acknowledge that your account is personal to you and agree not to provide any other person with access to the Service or portions of it using your user name, password, or other security information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms.
9. Career Information
Any information you submit through the career pages of our website must be true, complete, and not misleading. If you provide us with personal information of a reference or any other individual as part of your application, it is your responsibility to obtain consent from that individual prior to providing their information to us.
10. Intellectual Property Rights
The Service and its entire contents, features, and functionality (including all listings, information, software, text, displays, images, video, interactive and visual features, and audio, and the design, selection, and arrangement thereof) (“Company Materials”) are owned by the Company, its licensors, its business customers or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Company Materials are not owned by you.
These Terms permit you to use the Service only for your personal, non-commercial use.
You must not sell, license, reproduce, distribute, copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit any of the Company Material or otherwise make unauthorized use of the Service and Company Materials, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any Company Materials from the Service.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Service in breach of these Terms, your right to use the Service will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Service or any Company Materials is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Service not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
11. Trademarks
Trademarks of Company may be included within the Service. All trademarks, logos and service marks found on the Service are the property of Company or other third parties. You are not permitted to use such marks without the prior written consent of Company or the third party that owns the respective mark.
Company bears no responsibility or liability for, and disclaims sponsorship of or affiliation with, any third party marks uploaded to or displayed through the Service. Company is generally unable to evaluate the merits of disputes regarding third party marks and encourages users to resolve any such disputes directly.
12. Prohibited Uses
You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Service for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information, or otherwise.
- Send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms.
- Transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- Impersonate or attempt to impersonate the Company, a Company employee, another user, a property company, or any other person or entity (including by using email addresses or screen names associated with any of the foregoing).
- Defame, harass, abuse, threaten, stalk, or defraud other users.
- Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm the Company or users of the Service, or expose us or them to liability.
- Collect personal information about other users without their consent.
- Remove, circumvent, disable, damage or otherwise interfere with the Service’s security-related features, features that prevent or restrict the use or copying of any part of the Service, or features that enforce Service limitations.
- Attempt to gain unauthorized access to the Service, other user accounts, computer systems or networks connected to the Service through hacking, password mining, or any other means.
- Deep-link to the Service, and you agree you will promptly remove any links that Company finds objectionable in its sole discretion.
- Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- Modify, adapt, reproduce, translate, or create derivative works based upon the Service, except to the extent expressly permitted by applicable law notwithstanding this limitation.
- Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with the working of the Site or any other user’s use of the Service, including their ability to engage in real time activities through the Service.
- Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the website.
- Use any manual process to monitor or copy any of the material on the Service, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
- Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Service.
13. Feedback
If you make suggestions or provide feedback to Company on improving or adding new features to the Service, you assign ownership in such suggestions and feedback to us without any compensation to you.
14. Third Party Services and Links
Company may provide tools through the Service that enable you to export information to your devices. By using these tools, you agree that we may transfer such information accordingly and that you will not use such exported information other than for your personal, non-commercial use. Such third party services are not under our control, and we are not responsible for their use of your exported information.
When using the Service you will be exposed to content and links from a variety of sources, including property listings information that Company aggregates from third parties (e.g., property management companies) and information from service providers who may have products or services of interest to you based on your use of our Service (“Non-Company Content”). Company is not responsible or liable for the accuracy, integrity, quality, legality usefulness, or safety of the Non-Company Content, or any loss incurred as a result of your use of any Non-Company Content, or any communications you have with any third party provider of Non-Company Content, or any transaction you consummate with such third party (including any transactions relating to renting or purchasing housing units or other real estate), or any violation of law by any third party provider of Non-Company Content. You should review any applicable terms and policies of such third parties who provide Non-Company Content.
You waive any legal or equitable rights or remedies you have or may have against Company (and our officers, directors, agents, subsidiaries and employees) with respect to any Non-Company Content.
15. Non-Monitoring of Non-Company Content
Company does not control the Non-Company Content and does not have any obligation to pre-screen or monitor such Non-Company Content. If at any time, Company chooses, in its sole discretion, to pre-screen or monitor the Non-Company Content, Company still assumes no responsibility for the Non-Company Content, no obligation to modify or remove any inappropriate Non-Company Content, and no responsibility for the conduct of the third party submitting any such Non-Company Content. Without limiting the foregoing, Company and its designees may, at any time and without prior notice, remove any Non-Company Content, in whole or in part, for any reason.
16. Enforcement
We have the right to take appropriate legal action with respect to your use of the Service, including referral to law enforcement, for any illegal or unauthorized use of the Service. You waive any legal or equitable rights or remedies you have or may have against Company (and our officers, directors, agents, subsidiaries and employees) with respect claims resulting from any action taken by Company during or taken as a consequence of investigations by either the Company or law enforcement authorities.
17. Social Media Features
The Service may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Service.
- Send emails or other communications with certain content, or links to certain content, on the Service.
- Cause limited portions of content on the Service to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Link to any part of the Service’s website other than the homepage.
- Otherwise take any action with respect to the materials on the Service that is inconsistent with any other provision of these Terms.
We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
18. Release of Disputes with Third Parties
If you have a dispute with: (i) another user of the Service; (ii) the provider of any Non-Company Content (including a property management company); or (iii) any other third party arising in connection with your use of the Service, you release us (and our officers, directors, agents, subsidiaries, and employees) from all claims, demands and damages (direct and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
19. Termination
You agree that Company may suspend, disable, delete or terminate your account or your use of the Service at any time in its sole discretion, and you agree that Company is not liable to you or any third-party for any such termination. You may terminate these Terms at any time by closing your account (if you are registered user) and discontinuing use of the Service. In the event that these Terms are terminated, you will not register a new account under a different name. Upon termination, all licenses granted by Company herein will terminate.
20. Indemnification
You agree to indemnify, defend, and hold harmless Company and its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, agents and representatives from and against losses, obligations, damages, liabilities, costs and expenses (including reasonable attorney’s fees) arising out of any third party claim relating to (i) your misuse of the Service or; (ii) your violation of these Terms; and (iii) your violation of the rights of any other person or entity. Company reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim or proceeding upon becoming aware of it.
21. Disclaimers
NO IMPLIED WARRANTIES; AS-IS AND AS-AVAILABLE
THE SERVICE, COMPANY MATERIALS, AND NON-COMPANY CONTENT MADE AVAILABLE ON THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
AT YOUR OWN RISK
YOU AGREE THAT YOUR ACCESS TO AND USE OF DATA THROUGH THE SERVICE (INCLUDING RSS FEEDS) AND ANY NON-COMPANY CONTENT ARE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR USING SUCH DATA.
NO INTERRUPTION, ACCURACY, SECURITY AND SIMILAR WARRANTIES
COMPANY DOES NOT WARRANT THAT (A) SERVICE, THE COMPANY MATERIALS, NON-COMPANY CONTENT, OR ANY OTHER INFORMATION OFFERED THROUGH THE SERVICE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND (B) THE RESULTS OF USE OF THE SERVICE OR ANY NON-COMPANY CONTENT WILL BE SECURE OR RELIABLE. WE DISCLAIM ALL LIABILITY ARISING FROM YOUR RELIANCE ON NON-COMPANY CONTENT.
NO WARRANTIES AND NO LIABILITY FOR THIRD PARTY OFFERINGS
COMPANY DOES NOT MAKE ANY WARRANTIES REGARDING THE TYPES OF LISTINGS YOU SEE OR THE ORDER OF THE LISTINGS THAT YOU SEE. THE ORDERING OF THE LISTINGS MAY BE BASED ON MANY FACTORS INCLUDING YOUR LOCATION, YOUR PREFERENCES, AVAILABILITY AND FEES PAID BY THE PROPERTY COMPANIES.
COMPANY DOES NOT MAKE ANY WARRANTIES REGARDING THE PRODUCTS AND SERVICES THAT MAY BE OFFERED BY THIRD PARTIES OR THAT THE PROPERTY LISTINGS ARE AFFORDABLE OR A GOOD DEAL. COMPANY EXPRESSLY DISCLAIMS ALL LIABILITY ARISING FROM YOUR RELATIONSHIP WITH LANDLORDS, PROPERTY MANAGEMENT COMPANIES, SELLERS AND ANY OTHER THIRD PARTY COMPANIES THAT YOU MAY DEAL WITH IN CONNECTION WITH OUR SERVICE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES OR LIABILITIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
22. Limitation of Liability
THE COLLECTIVE MAXIMUM AGGREGATE LIABILITY OF COMPANY, ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES TO YOU UNDER THESE TERMS OR IN CONNECTION WITH THE SERVICE REGARDLESS OF THE LEGAL THEORY, INCLUDING BREACH OF CONTRACT, OR OTHERWISE.
NONE OF COMPANY, ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES WILL BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, DATA OR USE) ARISING UNDER THESE TERMS OR THAT RESULT FROM YOUR USE OR INABILITY TO USE THE SERVICE, THE COMPANY MATERIALS, OR NON-COMPANY CONTENT, EVEN IF FORESEEABLE OR COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH EVENT, LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
23. Miscellaneous
Entire Agreement. These Terms, together with the Privacy Policy and Guidelines, are the entire agreement between the parties and supersede all prior and contemporaneous understanding and agreements, in each case on the subject matter hereof.
Independent Contractors. The relationship of the parties hereunder is that of independent contractors, and these Terms will not be construed to imply that either party is the agent, employee, or joint venturer of the other.
Severability. In the event that any provision of these Terms is held to be unenforceable, these Terms will continue in full force and effect without said provision and will be interpreted to reflect the original intent of the parties.
Assignment. You may not assign these Terms without the prior written consent of Company, and any prohibited assignment will be null and void. Company may assign these Terms without restriction and without any notice to you.
Waiver. Waiver by either party of a breach of any provision of these Terms or the failure by either party to exercise any right hereunder will not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right.