Terms And Conditions

These Terms and Conditions (hereinafter, referred to as “these Terms” or “the Terms”) for the website http://www.livephuket.com/ (hereinafter, referred to as the “Website”) constitute a legal agreement between the user (“you” or “your”) of the Website and LivePhuket Co Ltd having a principal place of business at 57/4 Moo 4, Kamala Regent, Phuket, Thailand, 83150 (hereinafter, referred to as “Company”, “we”, “us”, “our”). By using the Website, you acknowledge that you have read the Terms and agree to be bound by them. If you do not agree to the Terms, please do not use the Website. The Company grants you the right to use the Website only in case that you agree to the Terms.

 

  • 1. The Website
    • 1.1 The Website allows the users of the Website to search and book accommodation in Phuket, Thailand.
  • 2. The users of the Website
    • 2.1 By using the Website, you agree that you are 18 years or older. If you are not 18 years or older, your use of the Website is hereby prohibited.
    • 2.2 The Company kindly requests you to protect the password of your account on the Website. If you believe that a third person has accessed your account without an authorization, please contact us at the address mentioned in Section 21 of the Terms.
  • 3. Company’s Content
    • 3.1 The Website contains materials that are owned by the Company (hereinafter, referred to as “Company’s Content”). Such materials include, but are not limited to text, photos, and source code. Company’s Content is intellectual property of the Company. Company’s Content is protected by the intellectual property law of Thailand and the applicable international intellectual property laws.
  • 4. A license to use the Website
    • 4.1 Subject to the provisions in the Terms, the Company grants you a personal, nonexclusive, nontransferable, non – sublicenseable, limited license to use the Website.
  • 5. License restrictions
    • 5.1 Unless explicitly allowed in the Terms, you may not: (i) copy Company’s Content; (ii) distribute Company’s Content; (iii) adapt, translate, reverse engineer, make alterations, decompile, disassemble or make derivative works based on Company’s Content; (iv) use, rent, loan, sub-license, lease, distribute or attempt to grant other rights to Company’s Content to third parties.
  • 6. Ownership
    • 6.1 All Company’s Content featured or displayed in or through the Website and all trademarks, service marks and trade names of the Company included therein, are intellectual property of the Company, its licensors, vendors, agents and/or other content providers.
    • 6.2 The Website displays content submitted by the users of the Website. Such content is owned by the respective authors of the content.
  • 7. Booking terms
    • 7.1 Booking Confirmation: - The Company will request the users of the Website looking for accommodation (hereinafter, referred to as “Guests”) and the individuals or entities providing accommodation (hereinafter, referred to as “Property Managers”) to either confirm or reject the bookings within 24 hours of when the bookings are requested. If the Company does not receive a confirmation from either the Guests or the Property Managers for a booking request, that booking request will be automatically cancelled.
    • 7.2 Information required for each booking:- When the Guests request booking, the Company will share with the Property Managers the following information about the Guests: (1) the names of the Guests; (2) the dates of the booking; and (3) the size of the group of Guests;
    • 7.3 Unconfirmed bookings :- If the Guests do not confirm or reject a booking within 24 hours of when the booking is requested, any amounts collected by the Company for the requested booking will be refunded to the applicable Guest’s payment account and any pre-authorization of such payment account will be released.
    • 7.4 Fees: -The fees displayed in each listing of property (hereinafter, referred to as “the Fees”) include taxes, service charges, a small banking fee charged by the Company, and other applicable fees.
    • 7.5 Appointment of the Company as a limited agent. Each Property Manager hereby appoints the Company as Property Manager’s limited agent solely for the purpose of collecting payments made by the Guests on behalf of the Property Manager. Each Property Manager agrees that payment made by a Guest to the Company shall be considered to be equal to payment made directly to the Property Manager.
    • 7.6 Making the properties available to the Guests. Each Property Manager hereby agrees that the Property Manager will make the properties available to the Guests in the same manner as if the Property Manager has received the Fees.
    • 7.7 Cancellation of bookings by the Guests. Each Property Manager hereby agrees that the Company may, pursuant to the cancellation policy of the Company, (1) permit the Guest to cancel the booking and (2) refund to the Guest that portion of the Fees as specified in the cancellation policy.
    • 7.8 Company’s liability for acts of the Property Managers. By accepting appointment as the limited authorized agent of the Property Manager, the Company explicitly excludes any liability for any acts or omissions of the Property Manager.
    • 7.9 Responsibilities of the Property Managers. The Property Managers, not the Company, are solely responsible for (1) making available any properties reserved through the Website and (2) honoring any confirmed bookings.
    • 7.10 Property Manager’s rules concerning the properties. By entering into a transaction with the Property Manager for the booking of a property, the Guests agree and understand that they accept any rules associated with such a property imposed by the Property Manager.
    • 7.11 All bookings are transactions between the Guests and the Property Managers. You agree that all bookings are transactions between the Guests and the Property Managers. To the extent permitted by the applicable law, the Company disclaims all liability arising from or related to any bookings.
    • 7.12 Confirmation of bookings. Once the Guests confirmed their bookings, they will receive a confirmation email summarizing their bookings.
    • 7.13 Accuracy of Listings. The Property Managers represent and warrant that all information provided by them for publication in listings on the Website (hereinafter, the listings published on the Website are referred to as “Listings”) will be correct.
    • 7.14 Liability of the Property Managers for incorrect Listings. The Property Managers understand that the Guests will rely upon the Listings and any incorrect information in the Listings may result in liability of the Property Managers. The Property Managers hereby release the Company and its users from any liabilities or obligations that may arise from any incorrect information in the Listings.
    • 7.15 Additional rules and policies concerning the Listings. The Property Managers may adopt other rules and policies concerning the use of the Listings. However, the Company will have no obligation to monitor and enforce these rules and policies. Moreover, the Company shall not be held liable for any violation of such rules and policies.
    • 7.16 Agreements between the Property Managers and the Guests. You understand and agree that the Company is not a party of any agreements between the Property Managers and the Guests.
  • 8. Financial terms
    • 8.1 Company acts as Property Manager’s payment agent. You acknowledge and agree that, notwithstanding the fact that the Company is not a party to the agreement between the Guests and the Property Managers, the Company acts as Property Manager’s payment agent for the limited purpose of accepting payments from Guests on behalf of the Property Managers.
    • 8.2 Payments to the Company made by the Guests. The Guests hereby agree that, upon their payment of amounts to the Company which are due to the Property Managers, their payment obligations to the Property Managers for such amounts are extinguished. The Company is responsible for remitting such amounts to the Property Managers. In case the Company does not remit any such amounts to the Property Managers, such Property Managers will have recourse only against the Company.
    • 8.3 Payments are made via PayPal. The Guests hereby agree to pay the Company for any confirmed bookings made through the Website in accordance with these Terms by PayPal.
    • 8.4 Damage of accommodations. The Guests also authorize the Company to charge their PayPal account in the event of damage caused at an accommodation.
    • 8.5 Security deposits. The Company does not collect security deposits. Any security deposits should be taken by the Property Managers on arrival in the rented property.
    • 8.6 Fees paid by the Guests to the Company. In consideration for providing its services, the Company collects fees from the Guests and Property Managers. The Company charges the Guests a small banking fee. The Company charges the Property Managers fees based on a contract between the Company and the Property Managers.
    • 8.7 Refunds for bookings cancelled by Property Managers. In case a Property Manager cancels a confirmed booking made via the Website, the Company will refund the Fees for such booking to the Guests. The Fees will be returned within a reasonable time of the cancellation. Moreover, the Company will provide the Guest with alternative listings and other related information.
    • 8.8 Communication in case of cancellation. If a Property Manager cancels a confirmed booking and the applicable Guest have not received a relevant communication from the Company, the Guest needs to contact the Company at the addresses mentioned in Section 21 of this Terms.
    • 8.9 Recurring Payments. In some cases, the Guests may be required to make recurring payments toward the Fees (hereinafter, referred to as “Recurring Payments”). For more information on recurring payments, please visit the Website. If Recurring Payments apply to their payment obligations, the Guests authorize the Company, on behalf of the Property Manager, to collect the Fees at the frequency and in the increments associated with the applicable Recurring Payments identified on the Website.
    • 8.10 Viewing the Fees in foreign currencies. The Company provides a feature allowing the visitors of the Website to view the Fees in foreign currencies. You understand and agree that these views of the Fees are merely for informational purposes. Such views should not be regarded as official Fees.
    • 8.11 Notification about the selected currency. After the Guests request a booking and the booking is confirmed by the Property Manager, the Guests will be notified of the currency in which they will be charged together with the amount of the Fees.
    • 8.12 Factors for the choice of currency. The currency in which the Guests will be charged will be determined by the Company on the basis of (1) the payment method selected by the Guests and (2) the location of the accommodation.
    • 8.13 Conversion of currencies. In case the currency in which the Guests will be charged is different from the currency chosen by the Property Manager to receive payment, the Company shall be responsible for converting the required currency, including any applicable cost for the conversion. The currency exchange rate (“Exchange Rate”) that the Company will use may not be the same as the applicable market rate at the time of the processing because: (1) although the Company updates the Exchange Rate regularly, it does not update the Exchange Rate on a real-time basis; and (2) the Exchange Rate may include a margin or incremental cost that is not included in the applicable market rate. For the sake of clarity, the Company will bear any losses and retain any profits resulting from currency conversion due to differences in the applicable market rate and the Exchange Rate.
    • 8.14 Large payments. The Company may collect large payments through the Website. The Company put reasonable efforts to ensure that the payments are processed correctly.
    • 8.15 Applicable taxes. The Property Managers understand and agree that they are solely responsible for paying any applicable taxes, including, but not limited to, sales taxes, value added tax (VAT), goods and services taxes (GST).
    • 8.16 Tax advice. The Company does not offer tax advice.
    • 8.17 VAT invoice. At a request of a Property Manager, the Company may issue a valid invoice.
    • 8.18 Failure to pay applicable taxes. You agree to indemnify the Company from any claims, damages, actions, losses, expenses, or liabilities concerning your failure to pay the applicable taxes.
    • 8.19 Processing of refunds by the Property Managers. Property Managers may process any necessary refunds through their account on the Website.
    • 8.20 Processing of refunds by the Company. The Company will provide the Guests with any applicable refund within a commercially reasonable time.
    • 8.21 Security Deposits. Any security deposits shall be paid directly to the Property Managers. The Company does not collect any security deposits.
    • 8.22 Disputes concerning security deposits. You agree that the Company shall not be responsible for adjudicating and managing security deposit disputes. The Company disclaims any liability for such disputes.
  • 9. Acceptable Use Policy
    • 9.1 You understand that you are entirely responsible for compliance with any applicable laws that may apply to you. Moreover, you agree that you will not: (1) use the Website for purposes that contradict to these Terms; (2) violate any rights of others, including, but not limited to privacy rights, intellectual property rights, and contractual rights; (3) use malicious software to interfere the operation of the Website; (3) offer, as a Property Manager, any accommodations that you are not authorized to rent; (4) register another individual for an account on the Website or register for more than one account on the Website; (5) contact a Property Manager for issues that are not related to booking; (6) try to recruit Property Managers to join websites that are competitive to the Website; (7) impersonate entities or individuals; (8) misrepresent affiliation with any person or entity; (9) use the Website to find a Property Manager or a Guest and then make a booking outside of the Website in order to circumvent payment obligations; (10) submit any information that is false or misleading; (11) use or display a mirror of the Website; (12) gain access to areas of the Website which are accessible only by the Company; (13) scan for information security vulnerabilities of the Website; (14) conduct information security attacks on the Website; (15) disassemble, reverse engineer, decompile, or decipher any software related to the Website.
    • 9.2 Investigating violations of the Terms. The Company reserves the right to investigate any violations of the Terms. In order to stop such violations, the Company may inform law enforcement authorities.
    • 9.3 Company’s right to monitor your use of the Website. The Company has the right, but not the obligation to monitor your use of the Website.
    • 9.4 Company’s right to delete content. The Company is entitled to delete any content that may violate these Terms.
  • 10. Your warranty to the Company
    • 10.1 You represent and warrant that: (i) you have the authority to bind yourself to these Terms; (ii) you will use the Website only for purposes that are permitted by these Terms; and (iii) your use of the Website will comply with all applicable laws.
  • 11. Privacy
    • 11.1 By using the Website, you agree that the Company may collect and process your personal information. As you browse LivePhuket, advertising cookies will be placed on your computer so that we can understand what you are interested in. Our display advertising partner, AdRoll, then enables us to present you with retargeting advertising on other sites based on your previous interaction with LivePhuket. The techniques our partners employ do not collect personal information such as your name, email address, postal address, or telephone number.
      We also comply with the Self-Regulatory Principles for Online Behavioural Advertising as managed by the Digital Advertising Alliance (DAA). You may opt out of receiving targeted ads from other companies that perform ad targeting services, including some that we may work with as Advertising Partners via the DAA website here.
  • 12. Availability
    • 12.1 We will use reasonable efforts to make the Website available at all times. However, you acknowledge that the Website is provided over the Internet and so the quality and availability of the Website may be affected by factors outside our reasonable control.
    • 12.2 We do not accept any responsibility for unavailability of the Website due to bandwidth problems, equipment failure, or acts of God.
  • 13. Disclaimer of Warranties and Indemnification
    • 13.1 THE COMPANY IS LICENSING THE WEBSITE “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, AND ACCURACY, FOR ANY PURPOSE, OF THE WEBSITE. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE WEBSITE AND ITS OPERATION. THE COMPANY EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  • 14. Limitation of Liability
    • 14.1 TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR OTHER RELATED OR SIMILAR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE CONNECTED WITH THE USE OF OR INABILITY TO USE THE WEBSITE, AND FOR ANY CAUSE OF ACTION, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • 15. Indemnity
    • 15.1 You agree to indemnify and hold harmless the Company and its agents, affiliates, consultants, directors, employees, officers, and anyone providing information or software used in the Website from any and all claims arising from your use of the Website.
  • 16. Termination
    • 16.1 These Terms are effective until terminated.
    • 16.2 The Company may terminate the Terms at any time at its sole discretion with or without notice to you. Additionally, your rights under these Terms will terminate automatically if you fail to comply with any of the provisions contained in the Terms.
    • 16.3 Upon termination, all legal rights and licenses granted to you hereunder shall terminate immediately and you shall cease all use of the Website.
  • 17. Entire Agreement
    • 17.1 These Terms constitute the entire agreement between the Company and the user of the Website regarding the use of the Website. These Terms shall supersede any prior agreements between the Company and the user of the Website regarding the Website.
    • 17.2 In case that any provision of these Terms is held to be invalid or unenforceable, that provision should be enforced to the maximum extent permissible and the remaining provisions of these Terms shall have a full legal effect.
  • 18. Governing Law
    • 18.1 The Terms shall be governed by the laws of Thailand. You irrevocably consent to the exclusive jurisdiction and venue of the courts in Thailand for all disputes arising out of or relating to these Terms.
  • 19. Waiver
    • 19.1 Company’s failure to enforce any right derived from these Terms should not be regarded as a waiver of that right. The waiver of such a right should be regarded as effective only if it is made in writing and is signed by a duly authorized representative of the Company.
    • 19.2 The word “including” used in these Terms should be interpreted as “including but not limited to.”
  • 20. Amendment of these Terms
    • 20.1 The Company reserves the right to modify or amend these Terms from time to time without notice. If you continue using the Website following the posting of changes to the Terms, you declare that you accept those changes.
  • 21. Contacting Us
    • 21.1 If you have any questions about these Terms, please contact us by email at info@livephuket.com, or please write to the following mailing address:
      57/4 Moo 4, Kamala Regent,
      Phuket, Thailand, 83150
  • 22. Last amendment
    • 22.1 These Terms have been last amended on 10th of December 2013.