Terms of use
Last updated: 14/02/23
1. ACCEPTANCE OF THE TERMS
- These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Locanation Co., Ltd. ("Locanation”, “we,” “us” or “our”), concerning your access to and use of the https://www.locanation.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
- You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, you are expressly prohibited from using the Site.
- We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. If you continue to use or access our Site, you are deemed to have agreed to such changes or modifications without reservation.
- All purchase under ‘Package’ menu such as MV caravan, yacht, package, voucher related, linked, or otherwise connected thereto (collectively, the “Package”).
2. SCOPE OF SERVICE
- Through the Site, Locanation provide a 360-degree online platform through which our Vendors (e.g. hotels, e-commerce service provider and etc.) can advertise, market, sell, promote, and/or offer (as applicable) their services and products for order, purchase or reservation, and through which users of the Site can explore, search, compare, and/or make a request for an order, reservation, purchase, or payment (as the case may be) of the services or products.
- From the point at which your request for booking, reservation or purchase from any Vendor through our Site is confirmed, we act solely as an intermediary between you and the Vendor, transmitting the relevant details to the relevant Vendor and sending you a confirmation email for and on behalf of the Vendor. Locanation does not sell, resell or offer any product or service of itself.
- While using the Site, you acknowledge that the information of the services (including the rates/fees/prices, policies, conditions, and availability) shown on the Site is based on the information provided to us by our Vendors. Although we will use reasonable skills and care in delivering our services, we will not verify and cannot guarantee that all information is accurate, complete, or correct or that such service or product remains available. Each Vendor remains responsible at all times for the accuracy, completeness, and correctness of the information displayed on our Site. Unless otherwise explicitly stated, our Site does not constitute and should not be regarded as a recommendation or endorsement of the quality, qualification, rating, or type of accommodation of any Vendors or products sold or services performed by them.
3. USE OF THE SITE
- You must create an account to use our services offered on the Site. We will collect and process your personal information to set up an account. You agree that you will submit true, accurate, current, and complete registration information and will maintain the accuracy of such information or promptly update such registration information as necessary.
- You represent and warrant that you have the legal capacity to use the Site.
- You agree to keep your account password confidential and will be responsible for all use of your account and password. You acknowledge that you are responsible for your use of your account and may be liable for your account even if your account is misused by others.
- Further, you will not access the Site through automated or non-human means. You may not access or use the Site for any purpose other than that for which we make the Site available. Your use of the Site will not violate any applicable law or regulation and you will not use the Site or its contents for any commercial or non-personal purpose or any purpose that is illegal, unlawful or prohibited by these Terms of Use.
- If you use the Site for or on behalf of a third-party ("Third-party"), such as a family member or a traveling companion, you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third-party of all applicable Terms of Use.
- We have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof) if you provide any information that is untrue, inaccurate, not current, or incomplete.
- As a user of the Site, you agree not to do the followings:
- make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory.
- use the Site to advertise or offer to sell goods and services.
- remove or alter any copyright or other proprietary notices on or in connection with any content on the Website;
- circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Site and/or the content contained therein.
- engage in unauthorized framing of or linking to the Site.
- trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
- use Our Website to collect or store personal data about others
- publish or post threats of violence, or promote or encourage others to engage in violence or illegal activity.
- interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- use the Site as part of any effort to compete with us or otherwise use the Site and/or the content for any revenue-generating endeavor or commercial enterprise.
- harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- ontentionally or unintentionally violate or encourage others to violate any applicable law, statute, ordinance or regulation;
- use the Site in a manner inconsistent with any applicable laws or regulations.
- We may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict your access to any or all component(s) of the Site.
4. Hotel Booking/Modification/Cancellation Policies
- We do not guarantee your booking request. The acceptance of your booking is determined by the vendor you selected. Your booking request may be accepted, rejected or modified depending on the accuracy of the information you provide and the availability of the dates and room types of your selected hotel or without cause. We will notify you of the result after receiving a response from the hotel.
- If the hotel you select accepts your booking request, Locanation will automatically direct you to the payment gateway. We reserve the right to collect and you agree to pay the deposit of a minimum of 10 percent of the hotel price (deposit rates may vary but such rates will be shown on the Site for your information]). Your booking will be confirmed upon your making the deposit payment and you will receive a confirmation by us though electronic means. The remaining amount will be collected on your arrival date once you arrive at your selected hotel.
- Once your reservation is confirmed, we do not allow the change to the arrival date, you must cancel your reservation at least according to the cancellation policy on your booking. If you fail to give us such advance request, we have the right to collect your payment and you shall be required to make a new booking for your stay.
- You acknowledge that we are only required to return the payment in the event that the hotel cancels your reservation by giving you a three days prior notice via the Site and due to reasonable causes including, but not limited to, a malfunction or an overbooking. Any other cancellation by the hotel’s own fault shall result in a full refund of the deposit.
- Likewise, you will get a full refund of the deposit for any cancellation made by you if you give us a notice via our system via the Site at least three days prior to your arrival date and such cancellation is due to reasonable causes including, but not limited to, a flight cancellation, coronavirus infection. If you fail to give us such advance notice or in the event that your booking cancellation is caused by any other reasons which you are responsible for, the hotel will keep the full amount of the deposit.
- If you make a booking through our Site, that booking is made with the Vendor you select and our Site only acts as a user interface. Accordingly, we have no responsibility for the booking. We shall not be responsible for any loss, damage, liability, claim, or demand made by you or any third party due to any cancellation of the booking arising in connection with your use of the Site. If you have any issues or disputes with your booking and/or the Vendor, you agree to address and resolve them with the Vendor and not with us.
- All prices for hotel reservations provided through our Site are provided by the hotels and based on your selections, such as number of guests and room types, unless otherwise specified. You are responsible for verifying whether your selection and any additional requests or services are reflected in the price displayed on the Site and/ or in the e-mail confirmation. You are responsible for verifying any explanations or policies provided by the hotel on the Site. Insurance of any kind is not included in the hotel prices, unless otherwise stated. –The hotel can refuse to accept additional guests if not notified in advance.
5. PACKAGES REDEMPTION/REFUND
- Your package will be confirmed upon your making the payment and you will receive a confirmation by us though electronic means.
- All packages purchased must be used under the conditions provided on the Site. If you fail to follow the conditions provided to claim the package, we have the right to collect your payment without refund.
- You acknowledge that we are only required to return the payment in the event that the voucher provider cancels your reservation by giving you a three days prior notice via email and due to reasonable causes including, but not limited to, a malfunction or an overbooking. Any other cancellation by the voucher provider’s own fault shall result in a full refund of the deposit.
- If you make a purchase through our Site, that purchase is made with the Vendor you select and our Site only acts as a user interface. Accordingly, we have no responsibility for the purchase. We shall not be responsible for any loss, damage, liability, claim, or demand made by you or any third party due to any cancellation of the booking arising in connection with your use of the Site. If you have any issues or disputes with your purchase and/or the Vendor, you agree to address and resolve them with the Vendor and not with us.
- All prices for packages provided through our Site are provided by the hotels and based on your selections, such as number of guests and room types, unless otherwise specified. You are responsible for verifying whether your selection and any additional requests or services are reflected in the price displayed on the Site and/ or in the e-mail confirmation. You are responsible for verifying any explanations or policies provided by the hotel on the Site. Insurance of any kind is not included in the hotel prices, unless otherwise stated. –The hotel can refuse to accept additional guests if not notified in advance.
6. USER REVIEWS
- We may invite you to leave reviews or ratings on the Site. You agree that when posting them, you will not use offensive, abusive, or hate language. Your reviews will not contain any discriminatory references (based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability); references to illegal activity; false or misleading statements. We may accept, reject, or remove reviews in our sole discretion. We have no obligation to screen or delete reviews. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.
- We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to use, reproduce, modify, translate, transmit by any means all content relating to reviews.
- Further, you acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site provided by you to us are non-confidential and shall become our sole property which we may from time to time use and disseminate for any lawful purpose without acknowledgment or compensation to you.
7. INTELLECTUAL PROPERTY RIGHTS
- Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site and the trademarks, service marks, and logos contained therein are owned or controlled by us or the Vendors.
- Except as expressly provided in these Terms of Use, no part of the Site and the content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
- Provided that you are eligible to use the Site, you are granted a limited license, which cannot be transferred or assigned, to access and use the Site and to download or print a copy of any portion of the content to which you have properly gained access solely for your personal, non-commercial use and to the extent expressly permitted by these Terms.
8. SOCIAL MEDIA
- As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
- You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of such Third-Party Account.
- By granting us access to any Third-Party Accounts, you understand that depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. We make no effort to review any of your social network content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any social network content.
- You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable).
9. PRIVACY POLICY
- We care about your privacy. By using the Site, you agree to have your personal data collected, stored, used, disclosed and transferred in accordance with our Privacy Policy which we may revise from time to time but in relation to which we will keep you updated. Please review our Privacy Policy ([here – Note: To insert a link.]).
10. MODIFICATIONS AND INTERRUPTIONS
- We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.
- Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
11. GOVERNING LAW
- These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of Thailand. You agree that any dispute arising out of the Terms of Use or otherwise connected to Locanation’s services must exclusively be submitted to a court of competent jurisdiction in Thailand.
12. DISCLAIMER AND LIMITATION OF LIABILITY
- The services and information on the Site are provided on an “as-is” and “as-available” basis. You agree that your use of the Site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, whether express or implied, in connection with the Site and your use thereof, including availability of the booking and other services, or suitability of the services we provide for a particular purpose and against non-infringement where applicable;
- We make no warranties or representations about the accuracy or completeness of the Site’s content or the content of any websites linked to the site and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services.
- In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential or punitive damages, including loss of profit, revenue, data, or any other damages arising from your use of the Site, even in the event that we have been advised of the possibility of such damages.
13. INDEMNIFICATION
- You agree to indemnify and hold us, including our subsidiaries, affiliates, and all of our partners, and employees, harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your use of the Site; your breach of these Terms of Use; any breach of your representations and warranties set forth herein; your violation of the rights of a third party, including but not limited to intellectual property rights; or any overt harmful act toward any other user of the Site with whom you connected via the Site.
14. FORCE MAJEURE
- In the event of any non-performance or violation of these Terms of Use arising out of a Force Majeure event, such as for transaction failure, restricted access to the Site, or any damage or harm to users which is caused by any act or condition beyond the reasonable control of either you or us, Locanation shall not be liable therefor and shall not be responsible for any damages or losses caused by any means to any party because of the Force Majeure event.
- Force Majeure events include but are not limited to natural disaster, earthquakes, floods, lightning, hurricanes / typhoons / cyclones, epidemic, pandemics, riot, a declaration of war, war, military action, terrorist action, embargo, sanctions, changes in laws or regulations, labor strikes, demonstrations, airline or hotel bankruptcy or insolvency and cyber attacks.
15. MISCELLANEOUS
- These Terms of Use and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.
- These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
- If any provision of these Terms of Use is or becomes invalid, unenforceable or non-binding, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. You shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.
- You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
16. CONTACT US
- In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: Locanation Co., Ltd. 195 Moo 9 Bearing 10 Alley, Sukhumvit 107 Rd., Samrong Nuea, Muang Samut Prakarn, Samut Prakarn 10270 [email protected]