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Terms of Use

Last Updated Date : 18 Feb 2020


Welcome to the Tripthaigoal.com website (the “Website”)!  Our mission is to provide trip planning platform for customers to explore the land of smile, Thailand.  The terms “we”, “us”, “our” and “TripThaiGoal” refer to K.C. Mama Co., Ltd. (“KC Mama”, the owner of Tripthaigoal.com website).  The terms “You” or “Your” or “Yourself” or “User” refer to the customers/users/registrants/members of TripThaiGoal.  These terms and conditions of use (the “Terms”) of our Website between KC Mama and You describe the terms on which KC Mama offers you access to the Website and the Services (as defined below) through the Website Tripthaigoal.com.  To make these Terms easier to read, the Website and our Services are collectively called the “Services.”


PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE, BECAUSE THEY GOVERN YOUR USE OF THE SERVICES ACCESSIBLE VIA OUR WEBSITE AND VIA THIRD-PARTY WEBSITE.YOUR USE OF THE SERVICES PROVIDED BY THE WEBSITE SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF USE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.


Unless otherwise specified, all services including the Terms herein shall be governed by and construed in accordance with the laws of the Kingdom of Thailand.  


Agreement to Terms

KC Mama provides services to you, subject to the following Terms of Use, which may be updated by us from time to time without notice to you. For the avoidance of doubt, KC Mama reserves the right to modify these Terms from time to time, with or without any notice, by posting an announcement of such changes on the Website, along with the revised Terms marked to show the date of last revision. By continuing to browse the Website after such changes are posted, you acknowledge and agree to be bound by the Terms as revised. We recommend all our Users to check the terms and conditions regularly before utilizing the Website’s content and resources. You can review the most current version of the Terms at any time at www.tripthaigoal.com/termsofuse 


By using our Services, you agree to be bound by these Terms.  If you do not agree to be bound by these Terms, do not use the Services.  If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms.  In that case, “You”, “Your”, “Yourself” and “User” will refer to that company or other legal entity.

 

KC Mama reserves the right to modify the Website, change, suspend, or discontinue providing all or part of the content or functionality of the Website, with or without notice.  You agree that KC Mama shall not be liable to you or to any third party for any such actions.


These Terms is effective until KC Mama is terminated.  Upon any such termination, your right to use the Website and Services will immediately cease.  You agree that any termination of your access to or use of the Website may be effected with or without prior notice, and that KC Mama may immediately delete your User ID or membership, and all related information and files associated with such credentials including, without limitation, your submissions, and/or bar any further access to such information or files.


You acknowledge and agree that KC Mama shall not be liable to you or to any third party for any modification, suspension and/or cancellation of our Services.   


Description of Services

KC Mama through Tripthaigoal.com provides users with access to the travel content of Thailand with trip planning.We provide an online trip planning platform, which allows users to edit plans depending on the membership scheme you enroll. You understand and agree that the Services may include advertisements.


Unless explicitly stated otherwise, any new features that enhance or augment the current Services shall be subject to these Terms.  You understand and agree that the Services is provided by “AS-IS” and that KC Mama assumes no responsibility for the timeliness, mis-delivery, deletion, or failure to store any personalization settings or user communications.


Itineraries (excluding personal information) customized by or for any users on the Website may be considered as public information or references, and may be shown to other users on our Website.You understand and agree that TripThaiGoal has the rights to use these itineraries created by or for you for any purposes.


TripThaiGoal does not act as an agent for any parties/companies/organizations of local tours/car rental/ticket reservations/flight reservations and our users in matching the travel needs and/or trip listing.


Use of the Services

As eligibility of using the Services, you warrant that you are 20 years of age or older and possess the legal authority to form a binding contract with KC Mama.  You agree that you will use the Website in accordance with the Terms herein.


All Users who are younger than 20 must have parental or legal guardian consent before completing any transaction or participating in any Services provided by TripThaiGoal.


In addition, you understand and warrant that (i) You will only use the Services to create itineraries and make reservations legitimately for yourself or another person for whom you are legally [TS2] authorized to act.  (ii) In case of using the Services for another person, you will inform them about the Terms that apply to the Services you have used on their behalf.  (iii) All information provided by you for TripThaiGoal or on the Website should be true, accurate, current and complete.  (iv) KC Mama will retain the right at sole discretion to restrict any users from accessing the Website or the Services, for any reason at any time, including but not limited to the violation of the Terms.


Privacy Policy 

KC Mama’s use of personal information collected from and about you in connection with your use of the Website (e.g., as part of your profile) is governed by our Privacy Policy, (the " KC Mama "), and which is incorporated by reference into these Terms as a supplementary term. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.


Please refer to our Privacy Policy at www.tripthaigoal.com/privacypolicy for information on how we collect, use and disclose information from our users. 


Membership

In consideration of your member registration of the Services, you agree and warrant that (i) You provide true, accurate, current and complete information and data about yourself in registration/sign up/sign in/login pages on the Website (the “Member Data”). (ii) You will update your Member Data promptly to maintain it true, accurate, current and complete.


If the Member Data provided by you is NOT true, accurate, current or complete or KC Mama has reasonable grounds to suspect such Member Data is NOT true, accurate, current or complete, KC Mama has the right at sole discretion to terminate, remove or suspend your membership account, and refuse any current or future use of the Services without any notice or acknowledgement by us.


In addition, you are fully responsible for (i) keeping your Member Data including your account and password confidential, and (ii) all activities that occur under your Member Data, account or password.


You also agree that (i) you will notify KC Mama immediately of any unauthorized use of your Member Data, account or password or any other breach of security, and (ii) KC Mama will not be liable for any damage or loss arising from your failure to comply with the Terms or any prevention of security.


You may only create your own itinerary or make bookings or reservations for services or booking/reservation requests upon registration as a member of the Website.  Membership is not transferable, but a member may make bookings on behalf of non-member(s).


You agree to bear full financial responsibility for all usage, access, visit or financial transactions at the Website using your login and credit card information, including but not limited to usage by minors living with you.


Third-party Supplier Services

The booking/reservation and purchase of all Services are subject to the following terms and conditions and other terms imposed by our third-party providers, fulfillment providers, and independent supplier(s) ("Supplier") from time to time ("Supplier Terms"). 


The rates quoted in respect of the Services are subject to change without notice.  KC Mama reserves the right, at its sole discretion, at any time and from time to time to remove, modify or discontinue, temporarily or permanently the services (or any part thereof) with or without notice.  You agree that KC Mama shall not be liable to you or to any third party in any way for any modification suspension or discontinuance of the services. 


KC Mama and their Suppliers are entitled at their discretion to refuse and/or decline to accept any booking or reservation placed through this Website.  KC Mama will not be held liable nor entertain a refund of any nature should you book or reserve a service that is not suitable. 


If you have any special requests, these will be passed on to the relevant Suppliers but cannot be guaranteed by KC Mama.  Unless otherwise stated, all bookings or reservations are non-exchangeable and non-transferable. 


All services posted on the Website are subject to their terms and conditions and the availability of the Services.  KC Mama do not independently verify the accuracy and quality of the information and does not guarantee its accuracy, completeness or adequacy.


You understand and acknowledge that KC Mama merely acts as an platform for Services of the Suppliers and shall not be responsible nor liable for: (i) overbooking, misinformation or mishandling of any booking/reservation or booking by the Suppliers; or (ii) any other dissatisfaction or complaint relating to the quality of the Services provided by the Supplier; (iii) any damage or loss to your personal property or personal injury howsoever sustained or caused. 


KC Mama shall not be considered a party to any transaction between you and any Supplier whether or not KC Mama may have received some form of revenue or remuneration in connection with such transaction or be liable for any costs or damages arising out of, either directly or indirectly from you or any other person involved or related to the transaction.

 

All Services offered on the Website are subject to availability and acceptance, at the discretion of the Supplier of such service.


General Rules and Prohibitions

Any content, information or data on the Website or the infrastructure used to provide such content, information or data in the Services, are proprietary to us or our providers.  You may be available to make limited copies of your own travel itinerary and related documents such as map route provided in TripThaiGoal, for your reference in your Thai trip.  You agree not to otherwise copy, transmit, reproduce, publish, perform, modify, distribute, display, create derivative works from, sell or re-sell, or transfer any information, content, data, format, software, products, services, photos, or any drawings obtained from or through TripThaiGoal.


We provide Users with access to the Services as described in these Terms. KC Mama best operates in an environment when its users follow all simple rules. For all types of Users, you agree to the following conditions: 


The User/representative agrees to keep the username and password confidential. If you give or allow any other party to use the personal information and/or username and password for any purpose, it shall be deemed that such use was made by you as the service user yourself and shall be legally binding for you as the service user under Thai law. 


KC Mama reserves the right to revoke and terminate user information without prior notice if the following actions are committed by the user:
(i)     The User falsified information, that is inaccurate, misrepresentative, and harmful of the site visitors;
(ii)     The User fails to keep their username and password confidential, that will harm or cause damage to other users;
(iii)    The User’s activity and intentions are based on improper, illegal, fraudulent, or immoral grounds in Thai or International Law;
(iv)    The User’s republishes or distributes information from the Website without KC Mama’s consent or prior knowledge. This is to protect the public from misreading and having possession of outdated information;
(v)     The User is under the legal age and fails to fulfill all conditions of having parental control or guardianship despite being informed; or
(vi)    The User uses the Website, the Services, content, information, data or its infrastructure for any commercial purpose;
(vii)   The User make any speculative, fraudulent or false registration, reservation, or any registration or reservation in anticipation of demand;
(viii)  The User uses any spider, scraper, robot or other automated means or any manual process for any purpose without express written permission by KC Mama to monitor, copy or access any content, information of data of the Website and Services;
(ix)  The User takes any action that imposes, or may impose and disproportionately or unreasonable, in our discretion, large load on the Website, the Services or our infrastructure;
(x)   The User takes part in any activity that disrupts access to the Website, the Service, infrastructure, or networks and servers that are connected to the Website;
(xi)   The User links to any part or portion of the Website, the Services or our infrastructure for any purpose without express written permission by KC Mama;
(xii)  The User attempts or tries to gain unauthorized access to any part or portion of the Website, the Services, infrastructure, any system, or networks connected or linked to the Website, to servers of TripThaiGoal, by password mining, hacking, or any other unlawful or illegitimate means;
(xiii)  The User tests, investigates or scans the vulnerability of the Website or any network related/connected/linked to the Website;
(xiv)  The User breaches authentication measures or security of the Website or any network related/connected/linked to the Website;
(xv)   The User traces, seeks, collects, stores or looks-up any information of any other visitors/members/users of the Website, or any customers of KC Mama, including any TripThaiGoal accounts not registered/owned by you;
(xvi)   The User interferes, disrupts or harms with the security of the Website or any network related/connected/linked to the Website, including systems, servers, accounts, passwords, resources or contents;
(xvii)  The User uses the Website, the Services, content, information, data or its infrastructure for any purpose that is unlawful, breach the implied terms or prohibited by the Terms;
(xviii)  The User deletes or falsifies any attribution of author, including the Website, the Services, content, information, data, infrastructure, source of software or other materials in the Website;
(xix)    The User violates or infringes any guidelines, code of conduct, the Terms including but not limited to any additional terms of the Websites, any applicable laws or regulations regardless of inside or outside Thailand; or
(xx)     The User has acted or is suspected to be acting in any improper manner.  Any act of the User maybe interpreted as improper manner upon the sole discretion of KC Mama.


No Resale of Services

You agree and warrant not to reproduce, sell, resell, copy duplicate, or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.


Links

The Website may contain any hyperlinks, systems or formats (collectively the “Links”) to websites operated by parties other than TripThaiGoal.  Such Links are provided for your reference only.  We are not responsible for their contents, resources, information, products or services on, privacy or other practices of such websites.  KC Mama does not imply any endorsement of the Links provided on our Website.  You are fully and solely responsible for any assumed risks arising from your use of any Links provided by third-parties.


Disclaimer of Warranties

ALL CONTENT, INFORMATION OR DATA ON THE WEBSITE OR THE INFRASTRUCTURE USED TO PROVIDE SUCH CONTENT, INFORMATION OR DATA IN THE SERVICES, INCLUDING TEXT AND GRAPHICS ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED.  WITHOUT LIMITING THE FOREGOING, KC MAMA EXPLICITLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  



KC Mama makes no warranty that (i) the Website or the Services will meet your requirements, be uninterrupted, timely, secure, or error-free, (ii) any content, information, data or results in the Services will be accurate, timeliness, quality, truthfulness, complete, reliable, or meet your expectations, (iii) any errors and mistakes in the software or infrastructure will be corrected.


KC Mama does not guarantee that content, information or data on the Website or the infrastructure used to provide such content, information or data in the Services whatsoever.  You use the contents, information, and services at your own risks and comprehension, including any download or using of the Services is done at your own risk and discretion.  In no event shall we be liable for any damages whatsoever, resulting from information consumption, misuse of information, display of content, or any act committed by any other party whatsoever, etc.  You should exercise your own independent judgment and be responsible for your own conduct and the consequences when you use the Website or the Services.


In no event shall KC Mama or its directors, employees or agents be liable to you or any third person for (1) any indirect, consequential, exemplary, incidental, special or punitive damages, (2) any loss of profits or data due to your use of the Services, any platform applications, or any of the Content or other materials on, accessed through, or downloaded from the Website, even if KC Mama is aware of or has been advised of the possibility of such damages, (3) any act or omission of the Users, an User’s failure to comply with applicable law or any circumstance beyond control of KC Mama, (5) any conduct, speech or content, whether online or offline, of any other third party, and (6) these Terms. 


Indemnification

You agree to indemnify and hold harmless KC Mama, partners and/or suppliers of KC Mama, and any of their officers, directors, employees and agents from and against any claims, causes of action, disputes, demands, liabilities, recoveries, losses, damages, fines, penalties, and costs or expenses of any kind or nature, including but not limited to reasonable legal and accounting fees arising out of or in any way connected with (i) your violation of the Terms or the documents referenced herein, (ii) your violation of any law or the rights of third party, (iii) your use or access to the Website or the Services.


Limitation of Liability

You understand and agree that KC Mama is not liable for any direct, indirect, incidental, special, exemplary or consequential damages, including but not limited to, loss of profits, data, use or goodwill, service interruption, computer damage, system failure, or any intangible loss, that resulting from (i) the use of or inability to use the Website or the Services, (ii) unauthorized access to/alteration of user’s transmissions or data, (iii) deletion or failure of deletion of any information, data, contents, user’s information or contribution in TripThaiGoal or (iv) any other matter relating to the Website or the Services.

 

The information, data, contents, products and services provided in the Website may include errors or inaccuracies, including pricing errors.  KC Mama does not guarantee the accuracy of, and disclaim all liability for any inaccuracies or errors relating to the information, data, contents, products and services provided in the Website including pricing, photos, images, pictures, description etc.  


KC Mama makes no guarantees about the availability of products and services.  The membership fee is in non-refundable basis.  KC Mama and its respective suppliers or partners may make improvements or changes on the Website at any time.  The limitation of liability reflects risk allocation between parties.  The limitation of liability herein inures to the benefit of KC Mama and its respective suppliers or partners.


Release Clause

You agree to hereby release us, our successors, boards, sponsors, employees, directors, shareholders, agents, representative, suppliers, members, and any related parties from all liability, costs, expenses, losses, damages, and claims which may arise from your actions and activity. 


KC Mama will not be responsible for any of your actions after you access contents on our website specifically if an event hosting is posted on the Website, or acts and omissions of third parties you interact with through the Website.  


Trademark Information

The Website TripThaiGoal.com, logo of TripThaiGoal, graphic designs, banners, photos, maps in TripThaiGoal are trademarks of KC Mama.  Without prior written permission of KC Mama, you agree not to copy, display or use in any manner, the trademarks of KC Mama.


Copyrights

All information, data and contents including texts or graphics are © 2019 TripThaiGoal.  All rights reserved.  Other logos and company names in the Website may be the trademarks of their respective owners.  KC Mama is not responsible for any information, data and contents in the Website operated by parties other than KC Mama.


KC Mama does not claim ownership of the photos, images, pictures in the Website or the Services.  They may be contributed by users or third-party websites.KC Mama is not liable for any claims or damages regarding violation of copyright on the photos, images, pictures contributed by users or third-party websites. 


Violation of the Terms of Use

You understand and agree that KC Mama may in appropriate circumstance, at sole discretion and without prior notice, terminate the accounts of any users or limit access to the Website, if KC Mama determines that you have violated the Terms or related terms.  You also warrant and agree that any violation of the Terms or related terms by you will constitute unlawful and unfair business practice, will lead to irreparable harm to KC Mama, including inadequate monetary damages.  You consent to KC Mama, obtaining any equitable or injunctive relief KC Mama deems necessary in circumstances.  


KC Mama may take any legal action against you due to your violation of the Terms or related terms.  KC Mama will be entitled to recover from you, and you should pay all attorneys’ expenses of such action, in addition to any relief granted to KC Mama.


Feedback, Reviews, Comments and Other Submissions

Please be aware of submitting any content to the Website by mail, postings on the Website, including any feedback, reviews, photos, videos, questions, answers, recommendations, ideas, comments or any types of submissions, collectively called “Submissions”.Any Submissions you provide to our Website shall be deemed to be non-confidential and non-proprietary.  KC Mama shall be free to use such Submissions on an unrestricted basis and may exercise its rights to any Submissions provided by you without notice to you.  


In addition, by submitting the Submissions, you represent and warrant that (i) Your Submissions do not contain confidential, proprietary, commercial, unlawful, threatening, libelous, obscene or any content that would violate any law, of you or of third parties; (ii) KC Mama is not under any obligation of confidentiality, express or implied, with respect to the Submissions; (iii) KC Mama may have something similar to the Submissions already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from KC Mama for the Submissions under any circumstances.


Under no circumstances will KC Mama be liable in any way for any Submissions, including, but not limited to, for any damage or loss, or for any omissions or errors in any Submissions.You acknowledge that your Submissions may be published on our Website.  If you don’t agree to be bound by these Terms, please don’t provide any Submissions for us.


Modification to the Services

KC Mama reserves the right at any time to modify, develop, adjust or discontinue temporarily or permanently, the Services or any part of the Services, with or without any notice.You understand and agree that KC Mama shall not be liable to users or to any party for any modification, development, adjustment, discontinuance or suspension of the Website or the Services 


Termination

User can delete the membership/account by signing into it and choosing to delete it.  You can also request us by sending email to us at info@tripthaigoal.com.


Miscellaneous

Any provision of this Term, which is invalid, prohibited or unenforceable shall: (i) be ineffective to the extent of the invalidity, prohibition or unenforceability; (ii) not invalidate the remaining provisions of this Agreement; (iii) and such provision shall nonetheless be applicable or enforceable to the fullest extent permitted by law.


No joint venture, partnership, employment or agency relationship exists between you and KC Mama as a result of this Agreement of your use and/or access, visit or register at the Website.


Additional terms and conditions and policies posted on this Website may apply to your booking/reservations and purchase of our services and use of other components of the Website and you agree to abide by these terms, conditions, and policies, and other components of the Website.


This Term constitutes the entire agreement between the parties in respect of its subject matter and supersedes all prior understandings or agreements (whether oral or written) regarding the subject matter and may not be amended or modified except by us herein.


The Service is based in Thailand and are under legal duties as a registered Thai business entity.  We are not responsible for claims concerning content or user content that is viewed, downloaded, or consumed outside of Thailand.  If you access the Services and content from outside of Thailand, we are not bound to your country’s legal ramifications. 


The governing law shall be the law of Thailand.  Privacy Policy contains a binding arbitration provision.  You agree that, except for certain types of disputes described in the arbitration provision below, all disputes between you and KC Mama will be resolved by mandatory binding arbitration and you waive any right to participate in a class action lawsuit or class-wide arbitration.


The arbitration shall be held under the auspices of the Thailand Arbitration Centre (“THAC”) and conducted in accordance with the THAC rules.  Such arbitration shall be presided by one arbitrator who shall be appointed by the parties.  Should the parties be unable to agree to the appointment of an arbitrator, the Director of the THAC shall appoint the arbitrator.  The decision of the arbitrator shall be final and binding on the parties.  As far as applicable, any award rendered shall be enforceable in accordance with Thai law.Notwithstanding the foregoing, judgment upon the award rendered may be entered in any court having jurisdiction or application may be made to such a court for judicial acceptance of the award and an order for enforcement, as the case may be.


Contact Information

If you have any enquiries about the Terms or the Services, please contact us at info@tripthaigoal.com.


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