By accessing and/or using our Site and Services, you acknowledge that you have read, understood and agreed to be legally bound by these Terms and Conditions and the documents referred therein. If you do not consent to these Terms and Conditions, please do stop using our Site and/or our Services.
1.1 You hereby represent and warrant that:
1.2 11INFO reserves the right to change, modify, suspend or discontinue the whole or any portion of the Site or Services at any time. 11INFO may also impose limits on certain features or restrict your access to part(s) or the entire Site or Services without notice or liability.
1.3 We may from time to time vary or amend these Terms and Conditions of Use by posting the amended Terms and Conditions of Use on this Site. Any use of the Site or Services after the amendment of these Terms and Conditions of Use will be deemed to be an acceptance of the amended Terms and Conditions of Use by you. If you do not agree to the amended Terms and Conditions of Use, you have the right to close your account and/or cease using the Site and Services. Please check this page from time to time as the changes, variations and corrections to the Terms and Conditions of Use are binding on you.
1.4 We may from time to time, without giving any reason or prior notice, update, change, suspend, discontinue and/or terminate (including, without limitation, any modification, deletion, replacement and corrections) all content on our Site and/or Services, in whole or any part, including but not limited to designs, text, graphics, photographs, pictures, images, video, software, music, sound and other files, credit ratings, rates, fees, quotes, historical data, charts, statistics, articles, our contact information, any other information, and their selection and arrangement (the "Site Content"). While we will endeavour to keep the rates and fees posted on our Site current, the rates and fees posted on our Site may not immediately reflect such changes.
1.5 We have the right to disable your account, any user identification code or password, whether chosen by you or allocated by us, at any time, should you fail to comply with any of the provisions of these Terms and Conditions of Use.
2.1 All intellectual property, including but not limited to copyrights, patents, trademarks, and registered designs and other proprietary rights in the Site, Services and Site Content ("11INFO IP") shall vest in and remain with 11INFO, our related companies, and/or any third party owner of such rights.
2.2 You are not permitted to use any 11INFO IP without the prior consent of 11INFO or such third party. Your access to and/or use of the Site, Site Content and Services should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any 11INFO IP appearing on the Site without the prior written consent of STS or the relevant third parties.
2.3 Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site, view, copy, distribute or otherwise use the Site Content if:
(a) such use is solely for personal, non-commercial, and informational purposes only. If you wish to make any use of content on our Site other than that set out above, please contact. 11INFO reserves the right to withdraw any such permission given to you at any time without any explanation or notice; and
(b) all copies that you make of the Content will bear the relevant copyright, trademark or other proprietary notice located on our Website.
2.4 If you use 11INFO IP in breach of these Terms and Conditions of Use, your right to use our Site, the Site Content and Services will cease immediately and you must, at our discretion, return or destroy any copies of the materials you have made.
3.1 You may set up hypertext links to any part of our Site on other websites if and only if:
(a) You clearly acknowledge within the text of or such text immediately before or after the hypertext links to any part of our Site that the linked materials are from our Site. 11INFO reserves the right to withdraw any such linking permission given to you without any explanation or notice. Where 11INFO exercises this right to withdraw linking permission, you agree to immediately remove such hyperlinks; and
(b) Our Site must be accessed with its domain name displayed and nothing on your own website sugge11INFO or could be understood to imply that any part of our Site is part of your website.
4.1 11INFO may provide links to other sites owned, operated or provided by third parties ("Third Party Sites"), as well as designs, text, graphics, photographs, pictures, images, video, software, music, sound and other files, credit ratings, rates, fees, quotes, historical data, charts, statistics, articles, any other resources, information and content belonging to or originating from third parties (the "Third Party Content").
4.2 11INFO has no control over, and is not responsible for the content on the Third Party Sites or for any damage you may incur from the Third Party Sites (including without limitation, any virus, spyware, malware, worms, errors or damaging material contained in the Third Party Sites) or the availability of any content on the Third Party Sites, and you hereby waive any claim against us with respect to the Third Party Sites.
5.1 You agree that we may, at any time in our sole and absolute discretion, with or without notice, suspend, terminate or disable your access to, or use of, our Site and Services (or any portion, aspect or feature of the Service or the Site) or terminate your account without any reason.
5.2 If we believe that you have violated or acted inconsistently with these Terms and Conditions of Use, we may take such action as we deem appropriate, including but not limited to, immediate, temporary or permanent withdrawal of your right to use our site, further legal action against you or disclosure of such information to law enforcement authorities as we reasonably deem necessary.
7.1 WE OBTAIN OUR CONTENT FROM A WIDE RANGE OF SOURCES AND IT INCLUDES FACTS, VIEWS AND INFORMATION LIKELY TO BE OF INTEREST TO YOU. STS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE SITE, SITE CONTENT AND/OR THE SERVICES IN TERMS OF THEIR ACCURACY, CORRECTNESS, COMPLETENESS, TIMELINESS, RELIABILITY, PERFORMANCE, FITNESS FOR ANY PARTICULAR PURPOSE OR OTHERWISE.
7.2 OUR SITE AND SITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS ONLY, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, 11INFO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLIANCE WITH DESCRIPTION OR THE WARRANTY OF NON-INFRINGEMENT.
7.3 STS SHALL NOT BE RESPONSIBLE FOR ANY THIRD PARTY SITES ACCESSED THROUGH THE SITE OR SERVICES OR FOR ANY THIRD PARTY CONTENT POSTED ON THE SITE OR SERVICE, INCLUDING WITHOUT LIMITATION THE CONTENT, ACCURACY, OFFENSIVENESS, OPINIONS, RELIABILITY OR POLICIES OF OR CONTAINED IN THE THIRD PARTY SITES OR THE THIRD PARTY CONTENT, THE CONSEQUENCES OF ACCESSING ANY THIRD PARTY SITES OR THIRD PARTY CONTENT OR FOR ANY FAILURE OF PRODUCTS OR SERVICES OFFERED OR ADVERTISED ON THE THIRD PARTY SITES OR THIRD PARTY CONTENT.
8.1 TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS WHICH MAY APPLY TO OUR SITE, SITE CONTENT, SERVICES, THIRD PARTY CONTENT AND THIRD PARTY SITES, WHETHER EXPRESS OR IMPLIED.
8.2 IN ADDITION AND WITHOUT PREJUDICE TO ANY RIGHT OR REMEDY THAT STS MAY HAVE AT LAW, STS SHALL NOT, TO THE FULL EXTENT PERMITTED BY LAW, BE LIABLE WHATSOEVER TO ANY USER ACCESSING OUR SITE, SITE CONTENT, SERVICES, THIRD PARTY CONTENT AND/OR THIRD PARTY SITES IN RESPECT OF ANY AND ALL LOSSES, DAMAGES, CLAIMS, LIABILITIES, COSTS, CHARGES AND/OR EXPENSES INCLUDING LOSS OF PROFITS, OPPORTUNITIES, REVENUE, USE, OR DATA OF WHATSOEVER NATURE OR HOWEVER ARISING, INCLUDING BUT NOT LIMITED TO LOSS ALLEGED TO BE ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY DUTY OR OTHERWISE) ("LOSS"), EVEN IF FORSEEABLE OR IF STS HAS BEEN ADVISED TO SUCH POSSIBILITY OF SUCH LOSS.
8.3 Tourtourist.com and the Payment Service Providers assumes no liability whatsoever for any monetary and/or other damage suffered by you on account NOT limited to (i) the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Payment Gateway; and/or (ii) any interruption or errors in the operation of the Payment Gateway.
9.1 You agree to indemnify and hold 11INFO harmless against all claims, liabilities (including statutory liability and liability to third parties), charges, expenses, penalties, costs (including without limitation, legal costs on a full indemnity basis), damages, awards and/or losses suffered or incurred by 11INFO, including profits or opportunities (potential or actual) which may be deprived or lost, due to or arising out of:
10.1 If any term or provision in these Terms and Conditions of Use shall in whole or in part be held to any extent to be illegal or unenforceable under any enactment or rule of law, that term or provision or part shall to that extent be deemed not to form part of these Terms and Conditions of Use and the enforceability of the remainder of these Terms and Conditions of Use shall not be affected. The failure of 11INFO to exercise or enforce any right or provision of these Terms and Conditions of Use shall not constitute a waiver of such right or provision in that or any other instance.
11.1 Nothing in these Terms and Conditions of Use shall constitute or be deemed to constitute an agency, partnership or joint venture between 11INFO and you and neither party shall have any authority to bind the other in any way.
12.1 This Terms constitutes the entire agreement among and between the Parties with respect to the subject matter hereof, and shall replace any negotiations and understandings, oral or written, heretofore made between the Parties with respect to the subject matter hereof.
13.1 Except as otherwise provided in this Terms and Conditions of Use, no Party may assign, or grant any encumbrance over or deal in any with, any of its rights under this Terms and Conditions of Use or any document referred to in it.
15.1 These Terms and Conditions of Use and all matters relating to your access to, or use of, this Site and the Services are governed by and construed in accordance with the laws of Thailand.
16.1 Any dispute arising out of or in connection with these Terms and Conditions of Use, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered Thailand Arbitration Center (THAC) who is an institution that provides Alternative Dispute Resolution (ADR) comprises of arbitration and mediation services for cross-border disputes.
16.2 The seat of the arbitration shall be Singapore.
16.3 The Tribunal shall consist of [one/ three] arbitrators.
16.4 The language of the arbitration shall be [English].