Important Notice – Please read carefully:
1. Authorised Use
This Website is provided by DIETHELM TRAVEL and available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If you do not qualify, you are not permitted to use this Website.
2. Scope of Agreement
This Agreement shall govern your use of the Website and all applications, software, and services (collectively, “Services”) available on the Website, except to the extent such Services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain Services and other items provided to you on the Website. Such specific terms of agreement(s) shall hereinafter be referred to as “Service Agreement(s)”. Any such Service Agreements accompany the applicable Services or are listed in association with or through a hyperlink associated with the applicable Services.
3. Ownership and License to use
The Website is owned by DIETHELM TRAVEL and is protected by any applicable copyright laws and international treaty provisions. Any and all intellectual property rights (“Intellectual Property”) associated with the Website and its contents (the “Content”) are the sole property of DIETHELM TRAVEL, its affiliates or third parties. The Content is protected by copyright and other laws in both Thailand and other countries. Elements of the Website are also protected by laws on trade secret, trade dress, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Website are trademarks, service marks or trade dress (“Marks”) of DIETHELM TRAVEL, its affiliates or other entities that have granted DIETHELM TRAVEL the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of DIETHELM TRAVEL. Except as otherwise expressly authorized by these Terms, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Website in any way without DIETHELM TRAVEL’s or the appropriate third party’s prior written permission. Except as expressly provided herein, DIETHELM TRAVEL does not grant to you any express or implied rights to DIETHELM TRAVEL’s or any third party’s Intellectual Property.
DIETHELM TRAVEL grants you a limited, personal, non-exclusive, non-transferable, non-commercial non-transferable, non-sublicensable, revocable license to: (a) access and use only the Website, Content and Services only in the manner presented by DIETHELM TRAVEL; and (b) access and use the DIETHELM TRAVEL computer and network services offered within the Website (hereinafter referred to as the “Systems”) only in the manner expressly permitted by DIETHELM TRAVEL. Except for this limited license, DIETHELM TRAVEL does not convey any interest in or to the Systems, information or data available via the Systems (the “Information”), Content, Services, Website or any other DIETHELM TRAVEL property by permitting you to access the Website. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of DIETHELM TRAVEL. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by DIETHELM TRAVEL.
You agree that DIETHELM TRAVEL, in its sole discretion, may terminate or suspend your use of the Website, the Systems, Information, Services and Content at any time and for any or for no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately: (a) discontinue use of the Website; and (b) destroy any copies you have made of any portion of the Content. Accessing the Website, the Systems, Information or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, you agree that DIETHELM TRAVEL shall not be liable to you or any third party for any termination or suspension of your access to the Website, the Systems, Information and/or the Services.
4. Prohibited Acts
By using this Website, you represent, warrant and covenant that:
(a) You shall not disguise the origin of information transmitted through the Website;
(b) You shall not place false or misleading information on the Website;
(c) You shall not use or access any service, information, application or software available via the Website in a manner not expressly permitted by DIETHELM TRAVEL;
(d) You shall not engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, screen-scraping, database-scraping, or any other activity with the purpose of obtaining list of users or other information, or sending chain letters or creating pyramid or Ponzi schemes via the Website;
(e) You shall not input or upload to the Website any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Website or Information or that infringes the Intellectual Property (defined herein) rights of another;
(e) You shall not certain areas of the Website which are restricted;
(f) You may not use or access the Website or the Systems or Services in any way that, in DIETHELM TRAVEL’s judgment, adversely affects the performance or function of the Systems, Services or the Website or interferes with the ability of authorized parties to access the Systems, Services or the Website; and
(g) You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of DIETHELM TRAVEL.
5. Linked Sites
The Website, the Systems, the Information, the Services and the Content are provided to you on an “as is” basis. DIETHELM TRAVEL makes no representations about the results to be obtained from using the Website. Any use of this Website shall be at your own risk. DIETHELM TRAVEL, its licensors, its partners, and its suppliers, to the fullest extent permitted by applicable law, disclaim all warranties, express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for a particular purpose. DIETHELM TRAVEL and its affiliates, licensors, partners and suppliers make no representations or warranties about the accuracy, completeness, security or timeliness of the Content, Information or Services provided on or through the use of the Website or the Systems. No information obtained by you from the Website shall create any warranty not expressly stated by DIETHELM TRAVEL in these Terms.
If you are dealing as a consumer, your statutory rights that cannot be waived, if any, are not affected by the provisions of this clause. You agree and acknowledge that the limitations and exclusions of liability and warranty provided in these Terms are fair and reasonable.
7. Limitation of Liability
To the extent permitted by applicable law and to the extent that DIETHELM TRAVEL is otherwise found responsible for any damages, DIETHELM TRAVEL is responsible for actual damages only. To the extent permitted by applicable law, in no event shall DIETHELM TRAVEL, its affiliates, licensors, partners, suppliers or any third parties mentioned at the Website be liable for any incidental, indirect, exemplary, punitive and consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the Website, Systems, Information, Services or Content whether based on warranty, contract, tort, delict or any other legal theory, and whether or not DIETHELM TRAVEL is advised of the possibility of such damages. To the extent permitted by applicable law, the remedies stated for you in these Terms are exclusive and are limited to those expressly provided for in these Terms.
8. Jurisdiction and governing law
To the extent permitted by applicable law, you hereby expressly agree that any proceeding arising out of or relating to your use of the Website, Systems, Information, Services or Content shall be instituted in a court of justice in the Kingdom of Thailand and you expressly waive any objection that you may have now or hereafter to the laying of the venue or to the jurisdiction of any such proceeding.
To the fullest extent permitted by applicable law, these Terms shall be governed by the laws of the Kingdom of Thailand.
You may not assign these Terms or any of your interests, rights or obligations under these Terms. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
You may preserve these Terms in written form by printing them for your records, and you waive any other requirement that these Terms be evidenced by a written document.