Term of use

Sawadee-Travel.com - Terms of Website Usage

Acceptable use of policy

Effective Date: 1 April 2012

Introduction

Thank you for viewing Sawadee-Travel’s website - www.sawadee-travel.com. This Website is owned and operated by Sawadee Travel Co., Ltd.

Your use of this Website is subject to your agreeing to be bound by and to comply with this Acceptable Use Policy (“Policy”). If you do not agree with the Policy you should navigate away from this Website immediately.

We reserve the right to amend, modify, add, delete and make corrections to this Policy and any of the Specific Terms of Use at any time, effective upon posting, or such other date as we may determine. You agree to review these Policy and Specific Terms of Use periodically to be aware of such modifications.

Content
By using this Website or any of the Services, including the posting of content and commentary in the Corporate Website or other public communication forums hosted on this Website, you agree that you will not upload, post or otherwise transmit or make available any content (including text links, communications, software, images, sounds, data or other information) that is not consistent with the permissible uses outlined in this Policy or the relevant Specific Terms of Use, including, but not limited to the following:

  • False, inaccurate, misleading, unlawful, harmful, threatening, abusive, tortuous, harassing, defamatory, libelous, invasive of another’s privacy, vulgar, profane, sexually oriented/suggestive/explicit, obscene, racially or ethnically offensive or otherwise objectionable.
  • Violates any laws, third party rights, or infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party.
  • Constitutes advertising or promotion, junk mail, spamming, chain letters or any other form of unauthorized solicitation. Links that connect to commercial websites will not be considered unauthorized solicitations unless the link or the website content appears to be intended as a means of solicitation as determined by Sawadee-Travel in its sole discretion.
  • Contains software viruses, Trojan horses, worms, time bombs, cancel-bots or any other computer code or files that are designed to disrupt damage or limit the functioning of any software or hardware.
  • Provides any non-public information about Sawadee-Travel or any other company or person without the proper authorization to do so. This includes providing the names, addresses and extension numbers of Sawadee-Travel employees and any of the users or participants of the Services.
  • Intentionally interferes with the operation of any of the Services included in this Website without limitation, mail or ‘post’ bombing, news bombing, other flooding techniques, deliberate attempts to overload a system and broadcast attacks.
  • Impersonates any person or entity, including Sawadee-Travel employees or forges any TCP-IP packet header, email header or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers.
  • Attacks or insults another.
  • Suggests or encourages illegal activity.

Email, Fax and Other Forms of Electronic Communication

When you have requested a travel document, itinerary or other travel/ flight-related documents to be sent to you by email, fax or other forms of electronic communication (including mobile messages), failure to receive it does not constitute an unsuccessful booking and you are responsible for being aware of your bookings and receipt of related documents. A booking is deemed successful and complete after payment has been made and confirmed by Sawadee-Travel. In the event of any dispute, the booking in the Sawadee-Travel database is the primary record, and shall prevail.

Sawadee-Travel is not responsible for the delivery of any electronic communication. If you have any queries regarding your booking, visit Sawadee-Travel.com to submit an online feedback form or contact the office directly.

Links

This Website may contain links to websites maintained by third parties (“External Sites”). These External Sites are provided for user’s reference and convenience only. Sawadee-Travel does not operate, control or endorse in any respect such External Sites or their content. Users assume sole responsibility for use of these External Sites and are therefore, advised to examine the terms and conditions of those External Sites carefully.

 

Security

When you book any travel arrangements or access your Member Login information, a secure server is used. Secure Server Layer (SSL) encrypts the information you send through this Website. Although Sawadee-Travel would use its best endeavor to ensure security, Sawadee-Travel makes no warranty in respect of the strength or effectiveness of that encryption and Sawadee-Travel is not and shall not be held responsible for events arising from unauthorized access of the information you provide.

 

Disclaimer

The content on this Website are provided on an “as is” and “as available” basis. You therefore agree that you use this Website and the services provided herein at your sole risk.  Sawadee-Travel, its officers, directors, employees, partners and suppliers disclaim:

  • All warranties or representations of any kind regarding this Website, its operations or the accuracy, reliability, completeness, usefulness, non-infringement of intellectual property rights, or quality of any information, content or material included herein.
  • To the fullest extent permitted by applicable laws, all conditions and warranties, express and implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose or non-infringement;
  • All liability to you or anyone else for any direct, indirect, special, consequential or punitive loss or damage (including without limitation loss of revenue, loss of goodwill, loss of reputation and loss of, or damage to, data), incurred or suffered in connection with the use or inability to use this Website  whether based in contract, tort or otherwise even if we are informed of their possibility;

all liability to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Website or an external site. You must take your own precautions to ensure that whatever you select for use from this Website is free of viruses or anything else that may interfere with or damage the operation of your computer systems.

Copyright / Trademarks / Proprietary Data

This Website and the content herein, including flight schedules, routes, fares, text, graphics, button icons, audio and video clips, digital downloads, data compilations, logos and information regarding the status of Sawadee-Travel tours, hotels, flights, etc. are proprietary to Sawadee-Travel or its content suppliers. You may use this Website and the content only for personal and non-commercial purposes subject to applicable copyright laws.

All trade marks, trade names, service marks (whether registered or unregistered), pictures, photos and logos in this Website are owned by Sawadee-Travel or their respective owners (third parties) and must not be used or modified in any way without obtaining the prior written consent of Sawadee-Travel.

This Website and the products, technology and processes contained herein may be the subject of other intellectual property rights owned by Sawadee-Travel or by third parties. No license is granted in respect of such intellectual property rights other than as set out in this Policy. Your use of this Website must not in any way infringe the intellectual property rights of any person.

 

Privacy Policy

We regard your privacy as important. For more detailed information on how we collect and process your personal information, please refer to our Privacy Policy.

Terms and Conditions of Carriage – For Flight Bookings

The booking and carriage of guests and baggage is subject to the Terms and Conditions of Carriage and Fare Rules.

Governing Law and Venue

The Acceptable use policy, its performance and all disputes arising out of or in connection with these Website terms of use shall be governed by the laws of Thailand. You hereby consent and submit to the non-exclusive jurisdiction of the courts of Thailand in all questions and controversies arising out of or in connection with the terms of use, its performance and your use of this Website. 

Miscellaneous

If any provision of this Policy is held to be invalid or unenforceable, such provision shall be severed and replaced by as similar a provision as possible based upon the intent of the parties as determined by any such provision held invalid. In any event, the remaining provisions shall be enforceable and without regard to the validity of any other provision. . You may not assign or transfer any of your rights or obligations under this Policy, the Specific Terms of Use or Privacy Policy without the express written consent of Sawadee-Travel. Headings are for reference purposes only and do not limit the scope or extent of such section. Sawadee-Travel’s failure to act with respect to a breach by you or others does not waive Sawadee-Travel’s right to act with respect to subsequent or similar breaches.

Sawadee-Travel, in its sole discretion, may or may not take action against any or all breaches of the provisions of this Policy. This Policy and the relevant Specific Terms of Use set forth the entire understanding and agreement between you and Sawadee-Travel with respect to its subject matter.

Sawadee-Travel may terminate your use of this Website or any of the Services at any time for any reason or no reason, with or without notice. This Policy and the Specific Terms of Use shall continue to govern all use of this Website and the Services notwithstanding any termination, suspension, or cancellation.

 

Registration

You are not obligated to register (as a Sawadee-Travel member) in order to access the Website. If you register, a Sawadee-Travel member account will be created and you will be given a username and password to use the Website service. All personal information will be handled in accordance with Sawadee-Travel’s Privacy Policy.

Please note that you are solely responsible for maintaining the confidentiality of your Sawadee-Travel member account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur on the Website under your account or password.

License

You grant to Sawadee-Travel and its designees a perpetual, irrevocable, worldwide, non-exclusive, sub-licensable, and royalty free license to use all or any part of any ideas, expression of ideas, inventions, or other materials you submit, including, without limitation, feedback, comments, documents, suggestions and/or proposals (collectively, ‘Contributions’) to the Website without restrictions, notice and compensation to you or any third party.

The license shall include, without limitation, the irrevocable right to rerecord or modify any audio tracks or visual images you provide, reproduce, prepare derivative works, combine with other works, alter, translate, distribute, download, link to or from, transmit, advertise, market, make, have made, display, perform, and/or license the Contributions or any part or parts thereof, and all rights therein, in the name of Sawadee-Travel, or its designees throughout the world in perpetuity in any and all media now or hereafter known.

You agree that Contributions you submit are:

  • Original and accurate;
  • Do not contain any defamatory content or content that may be deemed in violation of the les majeste laws of the Kingdom of Thailand; and,
  • Your submission of them and their use as allowed by these Specific Terms of Use do not violate and will not violate the rights of any third party or any local, state, national or foreign law, including but not limited to any right of publicity, right of privacy, right against defamation, libel or slander, or any other proprietary right.

You acknowledge and agree that the relationship between you and Sawadee-Travel is not a confidential, fiduciary, or other special relationship. We shall have the right, but not the obligation, to use your name, likeness, biography and other information about you in connection with any use of the Contributions you submit. To the extent Sawadee-Travel’s Privacy Policy is inconsistent with the provisions of this paragraph; these Specific Terms of Use supersede the Privacy Policy.


By submitting a Contribution, you acknowledge and agree that Sawadee-Travel and its designees may create on their own or obtain through submissions to the Website or otherwise ideas, expression of ideas, inventions, or other materials, including, without limitation, feedback, comments, documents, suggestions, and/or proposals that may be similar or identical to the Contributions you submit through the Website or other channels and means. You hereby waive any and all claims you may have had, may have, and/or may have in the future, arising out or relating to the fact or contention that the ideas, expression of ideas, inventions, or other materials, including, without limitation, feedback, comments, documents, suggestions, and/or proposals accepted, reviewed and/or used by Sawadee-Travel and its designees may be similar to your Contributions.

General Release

You hereby release and agree to hold harmless Sawadee-Travel, its subsidiaries, affiliated entities, employees, directors, officers, attorneys, agents, joint ventures, licensees and assigns and each of their respective designees (“Sawadee-Travel Entities”) and the users of this Website with respect to any claims, damages, costs, losses and expenses, including reasonable attorneys’ fees, due to or arising out of:

  • Content, including Contributions which you submit, post, transmit or make available through the Website
  • Your use of the Website and the content herein including any Contributions made by any party; or your violation of these Specific Terms of Use and the Policy.

Disclaimer of third-party content

Some of the content posted to the Website is provided by third parties. Such third-party content is the sole responsibility of the person originating that content. Sawadee-Travel does not control and is not responsible for this third party content.
You expressly understand and agree that you bear all risks associated with using or relying on that content, and you are responsible for all of your activity on the Website and for the security of your computer system.

General Practices Regarding Use & Storage

You acknowledge that Sawadee-Travel may establish general practices and limits concerning use of the Website, including without limitation the maximum number of days any uploaded Content will be retained on this Website, the maximum disk space that will be allotted on Sawadee-Travel’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Website in a given period of time.

You agree that Sawadee-Travel has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Website. You acknowledge that Sawadee-Travel reserves the right to log off accounts that are inactive.

Access and Interference

The Website contains robot exclusion headers. Much of the information of the Website is updated on a real-time basis and is proprietary or is licensed to Sawadee-Travel by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without Sawadee-Travel express written permission.

Additionally you agree that you will not, by or through your use of the Website:

  • Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  • Interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website;
  • Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website;
  • Transfer your Sawadee-Travel member account (including feedback on the Website) and username to another party without our consent;
  • Harvest or otherwise collect information about users, including email addresses, without their consent;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Website; or,Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s).

Enforcement & Site Abuse

Sawadee-Travel also may release information concerning your use of the Website (including posted content, registration information and network records) when Sawadee-Travel believes release is appropriate to comply with applicable laws, to enforce or apply these Specific Terms of Use, to protect Sawadee-Travel’s rights or property, or to protect Sawadee-Travel’s users from fraudulent, abusive or unlawful use of the Website, or if Sawadee-Travel reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records. Should any discrepancy exist between the terms of this Agreement and our Privacy Policy, the terms of the Privacy Policy shall be controlling insofar as the discrepancy relates to storage, protection or use of personal information.

Please report problems with or offensive content on the Website, and any violations of these Specific Terms of Use to the moderator.

Cancellation

You understand and agree that the cancellation of your registration is your sole right and remedy with respect to any dispute whatsoever with Sawadee-Travel arising out or relating to the Website. You can cancel your Sawadee-Travel member registration by contacting Sawadee-Travel.com.

Registered users of the Website may not allow former users whose registration or ability to use the Website has been terminated, suspended, or cancelled to use the Website through them.

If your registration and/or ability to use the Website is terminated or suspended, you may not register to join the Website again without our express written permission.