1. Acceptance of Terms
Welcome to Travelandleisureasia.com. We provide our service (collectively the "Services") to you subject to the following Terms of Service ("Agreement"), which may be updated by us from time to time without notice to you. You acknowledge that you have read, understood and agree to be bound by all terms and conditions of this Agreement, as well as any additional rules or policies that are or may be published by Travelandleisureasia.com or Travel + Leisure Southeast Asia magazine from time to time. This Agreement as well as any additional rules and policies, together with all modifications thereto, constitute the complete and exclusive agreement between you and Travelandleisureasia.com concerning your use of the Services and supersede and govern all prior proposals, agreements, or other communications.
2. Description of Service
Travelandleisureasia.com is designed to be the medium for the exchange of information, thoughts and opinions between members of the public as well as the team providing the Services. Travelandleisureasia.com is not under any obligation to monitor, pre-screen, or otherwise censor your thoughts and opinions other than as per point 4 below. As such, Travelandleisureasia.com cannot be responsible for the appropriateness, accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such thoughts and opinions.
3. Username and Password
The first time you apply to use Travelandleisureasia.com's registration process for posting to our blogs or other Services, you will be asked to select a username and password as well as submit a valid e-mail address for verification. That username and password are the means through which you access certain Services. Please safeguard the username and password you select from any unauthorized use. You acknowledge and agree that in no event will Travelandleisureasia.com be liable for the unauthorized use or misuse of your username or password.
4. Prohibited Conduct
You understand that all information, data, text, software, photographs, graphics, messages, or other materials ("Content") whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. You agree that the following is a non-exclusive list of actions that are not permitted:
1. The uploading, posting or otherwise transmitting of such Content and any other files that are unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. The impersonation of any person or entity, including, but not limited to, a Travelandleisureasia.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
3. The forgery of any headers, or other manipulation of identifiers in order to disguise the origin of any website transmitted through the Travelandleisureasia.com service or the development of restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
4. The uploading, posting, or other transmittal of any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
5. The uploading, posting or other transmittal of any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
6. The uploading, posting or other transmittal of any unsolicited or unauthorized advertising, promotional materials, "junk mail," "Spam," "chain letters," "pyramid schemes," or any other form of solicitation;
7. The uploading, posting, or other transmittal of any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
8. Disrupting the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Travelandleisureasia.com service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
9. Intentionally, or unintentionally violating any applicable local, state, national or international law;
10. "Stalking" or otherwise harassing another;
11. Collecting or storing personal data about other users;
12. Promoting or providing instructional information about illegal activities, and promoting physical harm or injury against any group or individual. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons;
13. Removing any of the advertising banners inserted into Travelandleisureasia.com;
14. Attempting to access the accounts of others, or attempting to penetrate security measures of Travelandleisureasia.com or other entities' systems ("hacking"), whether or not the intrusion results in corruption or loss of data;
15. Sending of the same or substantially similar unsolicited electronic mail messages, whether commercial or not, to a large number of recipients. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of Travelandleisureasia.com's service, Travelandleisureasia.com's equipment or any Travelandleisureasia.com electronic mail address;
16. Installation of "auto-responders," "'cancel-bots" or similar automated or manual routines that generate excessive amounts of net traffic;
17. Any resale or any exploitation for any commercial purposes of Travelandleisureasia.com services, including but not limited to, the Travelandleisureasia.com service, by any and all means, unless approved in advance in writing by Travelandleisureasia.com.
In consideration for Travelandleisureasia.com's services, you agree to pay Travelandleisureasia.com for any Content or Services that have fees or prices attached to them. All fees are non-refundable, in whole or in part, even if your registration is suspended, cancelled or transferred. Travelandleisureasia.com reserves the right to change fees, surcharges and renewal fees or to institute new fees at any time, for any reason, at its sole discretion.
6. Changes to this Agreement or to Additional Rules or Policies
You acknowledge that the governmental policies on trading, advertising and e-commerce through the Internet are evolving and therefore you agree that Travelandleisureasia.com may modify this Agreement, as well as modify or impose any additional rules or policies that are or may be published by Travelandleisureasia.com or Travel + Leisure Southeast Asia magazine, as necessary to comply with Travelandleisureasia.com's Agreement, or with any other agreements that Travelandleisureasia.com is currently bound by or will be bound by in the future, as well as to adjust to changing business circumstances. Your continued use of any services provided through Travelandleisureasia.com shall constitute your acceptance of this Agreement as well as additional rules or policies that are or may be published by Travelandleisureasia.com, each with the new modifications. If you do not agree to any of such changes, you may request that your service be cancelled. You acknowledge and agree that such cancellation be your exclusive remedy and your sole liability if you do not wish to abide by any changes to this Agreement or any additional rules or policies that are or may be published by Travelandleisureasia.com.
7. Information and Its Use
You hereby acknowledge and agree that, in connection with your use of certain of Travelandleisureasia.com's services, you are required to provide certain information and to update promptly this information as needed to keep it current, complete and accurate.
You acknowledge and agree that if you renew or extend any paid-for Service, the type of information you are required to provide may have changed. If you do not wish to provide the new required information, the registration may not be renewed.
We also maintain records relating to other services that we provide to you. These records may include, but are not limited to:
The original creation date of registration, renewal, or request for service; the submission date and time of a registration or renewal application to us and by us; communications (electronic or paper form) between you and us; records of your account, including dates and amounts of any payments and refunds; your IP address and e-mail address; and information regarding all other activity between you and us regarding your use of the Services.
8. Obligations Relating to the Information You Provide
You acknowledge and agree that willfully providing inaccurate, or unreliable information, or willfully failing to update information promptly will constitute a material breach of this Agreement that will be sufficient basis for cancellation of all services provided to you. You further acknowledge and agree that your failure to respond for over fifteen (15) calendar days to enquiries by Travelandleisureasia.com concerning the accuracy of information supplied to us shall constitute a material breach of this Agreement and will be sufficient basis for cancellation or removal of information.
Communications with Travelandleisureasia.com are not private and may be published either in their entirety, or in edited form at any time, at the sole discretion of Travelandleisureasia.com.
10. Ownership of Data
You acknowledge and agree that Travelandleisureasia.com owns all database, compilation, collective and similar rights, title and interests worldwide in our domain name and other proprietary information databases and all information and derivative works generated from those databases. Additionally, you hereby grant to Travelandleisureasia.com a non-exclusive, worldwide, perpetual, irrevocable, fully paid-up right and license to use such data in our business and that of Travel + Leisure Southeast Asia magazine or Media Transasia Ltd. However, as it evolves, this will include the right to copy, distribute, display, transmit, prepare derivative works from, or otherwise use without restriction any any other information we generate or obtain in connection with the provision of the Services. However, Travelandleisureasia.com does not have any ownership interest in your specific personal registration information, or other information other than content supplied for publication on the website.
You agree that, if you are using the Services for someone else you represent, that you have the authority to nonetheless bind that person as a principal to all terms and conditions provided herein, including the Dispute Policy. You accept liability for harm caused by wrongful use of the Services.
You agree that if you registered in your name to a third party, you nonetheless remain the principal name holder of record and remain responsible for all obligations under this Agreement, including but not limited to payment obligations and providing (and updating, as necessary) both your own full contact information and accurate technical, administrative, billing and any other contact information adequate to facilitate timely resolution of any problems that arise in connection with the services that we provide to you. You shall accept liability for harm caused by wrongful use of information supplied by you to us, unless you can promptly disclose the identity of the party that provided such information and supply us with reasonable evidence of actionable harm.
12. System Performance Degradation
Travelandleisureasia.com depends upon a computer system that is responsive to the demands of the users. Occasionally, Travelandleisureasia.com's computer system may be subjected to exceptional volumes of incoming requests, electronic mail messages and/or queries that result in degradation of Travelandleisureasia.com's system processing and response time.
Regardless of the reason, in those instances when there is system performance degradation as the result of an extremely large volume of incoming electronic messages, Travelandleisureasia.com reserves the right, in its sole discretion, to filter or block electronic messages originating from the identified sources of the high volume traffic.
Travelandleisureasia.com will selectively restore Service after system performance returns to normal limits, provided that such restoration does not result in an adverse impact on the system. Travelandleisureasia.com further reserves the right to permanently filter or block repeated sources of high volumes of electronic traffic.
13. Limitation of Liability
You agree that Travelandleisureasia.com will not be liable for, under any circumstances, including but not limited to, any losses that result from (a) suspension, loss, or modification of your user registration, (b) suspension, loss, or modification of supplied Content, (c) interruption of business, (d) access delays or access interruptions to this site or the websites accessed through our site, (e) data non-delivery, mis-delivery, corruption, destruction or other modification, (f) events beyond Travelandleisureasia.com's reasonable control, (g) the processing of your registration application or other service application, or (h) application of any relevant dispute policy or any other (or similar governmental or successor organization) adopted policies. Travelandleisureasia.com also will not be liable for any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if Travelandleisureasia.com has been advised of the possibility of such damages.
14. Indemnification of Travelandleisureasia.com
You agree to defend, indemnify and hold harmless Travelandleisureasia.com, Travel + Leisure Southeast Asia magazine, or Media Transasia Ltd, for any loss, damages or costs, including attorneys' fees, resulting from any third-party claim, action, or demand related to your use of the Services and Content.
15. Representations and Warranties
You represent that, to the best of your knowledge and belief, any content you have supplied, nor the manner in which it is intended to be or is directly or indirectly used, infringes the legal rights of any third party. You further represent and warrant that all information provided by you in connection with your use of the Services is accurate and current. The Services are provided to you "as is". We make no representations or warranties of any kind whatsoever, express, or implied, in connection with this agreement or the Services, including but not limited to warranties of merchantability, or fitness for a particular purpose, unless such representations and warranties are not legally excludable.
16. Suspension, Cancellation, Transfer, or Modification
You acknowledge and agree that Travelandleisureasia.com may suspend, cancel, transfer or modify your use of the Services at any time, for any reason, at Travelandleisureasia.com's sole discretion.
You also agree that Travelandleisureasia.com shall have the right at its sole discretion to suspend, cancel, transfer, or otherwise modify any service registration at such time as Travelandleisureasia.com receives (a) a properly authenticated notification from a court of competent jurisdiction, or (b) receives any notice of dispute.
17. Governing Law
This Agreement, your rights and obligations and all actions contemplated by this Agreement, shall be governed by the laws of Thailand, as if the Agreement was a contract wholly entered into and wholly performed within Thailand.
Any action to enforce this Agreement or any matter relating to your use of the Travelandleisureasia.com site and for the adjudication of disputes concerning or arising from use of services registered hereunder, you acknowledge and agree that you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts where Travelandleisureasia.com headquarters are located.
You agree that, unless other instructions are posted on the Travelandleisureasia.com website, any notices required to be given under this Agreement will be deemed to have been given if delivered by e-mail or fax, or sent by certified mail, or any other recognized delivery service in accordance with the most current contact information you have provided to us and the contact information for Travelandleisureasia.com posted on the Travelandleisureasia.com website. All notices shall be effective upon receipt, except that e-mail and fax notices shall be effective upon transmission.
You agree and acknowledge that any acceptance of your application for the Services and the performance thereof will occur at our offices in Bangkok, Thailand, the location of our principal place of business as a website.
You acknowledge and agree that, to the extent necessary, it is your responsibility to: (a) provide all equipment, including a computer and modem, necessary for you to establish a connection to the Internet; and (b) provide for your own connection to the Internet and pay any telephone service fees associated with such connection.
Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between any parties. The failure of Travelandleisureasia.com to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Travelandleisureasia.com of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable, or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. Travelandleisureasia.com will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Travelandleisureasia.com as reflected in the original provision.
This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of Travelandleisureasia.com.
20. Electronic Mail Acceptable Use Policy
Without exception, Travelandleisureasia.com prohibits the practice of mass mailing unwanted e-mail solicitations of any type, regardless of content and we will do everything within our power to reduce the flood of this type of traffic across the Internet.
To this and similar ends, we have instituted the following policies:
Unsolicited Bulk Email (popularly known as "Spam")
* Any customer, who sends unsolicited advertisements or solicitations, commercial or otherwise, may have their account disabled and be disallowed further service.
* The customer is responsible for ensuring that the services obtained from Travelandleisureasia.com are used in an appropriate manner. Therefore, the customer must take steps to manage the use of the services obtained in such a way that network abuse is minimized. The customer must also make contact information publicly available and must respond in a timely manner to any complaints.
* In extreme cases, Travelandleisureasia.com operations personnel have the option to immediately disable any account in order to forestall further abuse or damage to e-mail systems.
* Unsolicited advertisements, or solicitations sent from other networks which reference e-mail accounts hosted at Travelandleisureasia.com shall be treated as if they originated from the account referenced, unless there is sufficient reason given for Travelandleisureasia.com operations staff to believe that the message truly originated from some unrelated party.
* Likewise, postings made to online forums which reference e-mail accounts hosted at Travelandleisureasia.com and are deemed to be inappropriate according to the local ethical standards of that forum, might be treated in the same manner as unsolicited bulk email above.
Filtering of Incoming Email
* As owner of the equipment and other resources utilized to provide services, Travelandleisureasia.com has the legal right to block electronic communications from other entities on the Internet.
* Customers should be aware that such blocking or filtering might take place if deemed necessary by designated members of the Travelandleisureasia.com operations staff (or a third party chosen by Travelandleisureasia.com). Whenever possible, the party being blocked shall be made aware of such action before it occurs.
* Services offered may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of the laws of Thailand, or of any state regulation or law worldwide, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute.
* Travelandleisureasia.com reserves the right to cooperate with law enforcement and other legal authorities in investigating claims of illegal activity.
* Travelandleisureasia.com will not release any information regarding our customers (excepting that which is public knowledge) to any third party except upon presentation of a valid court order from a government or legal entity with proper jurisdiction. The customer agrees that Travelandleisureasia.com judgment as to the validity of any such order shall be considered proper and final.
Right to Damages
* Travelandleisureasia.com consider most instances of unsolicited bulk e-mail to be a theft of services and reserves the right to prosecute originators in a court of law.
* Travelandleisureasia.com reserves the right to collect damages (software, hardware and man hours) if any harm is done to our network, or equipment that requires repair or reconfiguration of any kind.
* In addition, Travelandleisureasia.com reserves the right to collect punitive damages in recompense for any perceived loss of brand reputation.
Nothing contained in this document shall be construed to limit action Travelandleisureasia.com may take or remedies available to either of us, in any way with respect to any of the described conduct. Travelandleisureasia.com reserves the right to take any additional actions we may consider appropriate with respect to such conduct, including without limitation taking action to recover costs and expenses of identifying offenders and removing them from our network or systems and levying cancellation charges to cover costs in the event of disconnection for the causes outlined in this Policy document. In addition, Travelandleisureasia.com reserves at all times all rights and remedies available to us with respect to such conduct at law or in equity.
Non-enforcement of any policy or rule herein does not constitute consent or waiver and Travelandleisureasia.com reserves the right to enforce such a policy, or rule at their sole discretion.
Exclusions to our control
Please note that separate policies apply to the use of sites that are available through Travelandleisureasia.com, but are not operated by Travelandleisureasia.com directly. Also, any information that you provide under services provided by your Internet service provider, or from any other site that you had browsed before entering our site is governed by their specific privacy policies. To understand these policies you should contact your Internet service provider.
Travelandleisureasia.com is committed to the best-practice privacy standards
Collecting information about you
Travelandleisureasia.com intends to introduce a membership system that will give you the option of enjoying enhanced services. Again, any changes in how we use your personal information will only occur with your consent.
Any further collection of your personal information than that explained above will only occur with consent from you. Travelandleisureasia.com only collects information from your use of our Services and not from other organizations.
Cookies in and of themselves do not personally identify users, although they do identify a user's browser. The cookies simply operate as a unique identifier, which helps us know what our customers find interesting and useful on our website, almost like a continuing questionnaire. We do not link this information back to other information that you have provided to us. Travelandleisureasia.com does not store any information inside cookies.
Storage and security of your personal information
Travelandleisureasia.com will endeavor to take all reasonable steps to keep secure any information, which we hold about you and to keep this information accurate and up to date. Your information is stored on secure servers. Our employees and data processors are obliged to respect the confidentiality of any personal information held by Travelandleisureasia.com. However, Travelandleisureasia.com will not be held responsible for events arising from unauthorized access to your personal information.
You can also play an important role in keeping your personal information secure, by maintaining the confidentiality of any password and accounts used on the Travelandleisureasia.com website. Please notify us immediately if there is any unauthorized use of your account by any other Internet user or any other breach of security.
Travelandleisureasia.com and links to other Web sites
Travelandleisureasia.com provides links to websites outside of the Travelandleisureasia.com service. These linked sites are not under the control of Travelandleisureasia.com and we are not responsible for the conduct of companies linked to our website. Before disclosing your personal information on any other website, we advise you to examine the terms and conditions of using their websites.
What to do if you have a problem or question
Specific conditions: Travelandleisureasia.com sites
These principles apply generally to the Travelandleisureasia.com service provision. However, some Travelandleisureasia.com partner sites and services may be operated jointly with other reputable organizations. These sites may have special terms and conditions that differ from these and may affect the handling of your personal information. Please check these when using these sites. In a situation where these privacy principles and the specific terms and conditions of a Travelandleisureasia.com website differ, the specific terms will prevail.
www.Travelandleisureasia.com, hereby referred to as "Travelandleisureasia.com", may choose to change the terms, conditions and operation of this website at anytime. By using this service the user waives any rights or claims it may have against Travelandleisureasia.com.
The content available through the website is the sole property of Travelandleisureasia.com and its owners and is protected by copyright, trademark and other intellectual property laws except as otherwise explicitly agreed in writing. Travelandleisureasia.com-owned content received through the website may be downloaded, displayed, reformatted and printed for your personal, non-commercial use only. Content owned by Travelandleisureasia.com licensors and partners may be subject to additional restrictions. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through the webite to anyone, including but not limited to others in the same company or organization without Travelandleisureasia.com's express prior written consent.
Without limiting the foregoing, Travelandleisureasia.com shall not be liable to you or your business for any incidental, consequential, special, or punitive damages, or lost or imputed profits or royalties arising out of this agreement or any goods or services provided, whether for breach of warranty or any obligation arising therefrom or otherwise, whether liability is asserted in contract or tort (including negligence and strict product liability) and irrespective of whether you have been advised of the possibility of any such loss or damage. Each party hereby waives any claims that these exclusions deprive such party of an adequate remedy.
You acknowledge that third party product and service providers advertise their products and services on the Travelandleisureasia.com website. Travelandleisureasia.com forms partnerships, or alliances with some of these vendors from time to time in order to facilitate the provision of these products and services to you. However, you acknowledge and agree that at no time is Travelandleisureasia.com making any representation, or warranty regarding any third party's products or services, nor will Travelandleisureasia.com be liable to you or any third party for any claims arising from, or in connection with such a third party products and services. You hereby disclaim and waive any rights and claims you may have against Travelandleisureasia.com with respect to third party products and services, to the maximum extent permitted by law.