Terms & Conditions
Acceptance of the Terms of Use
These terms of use are entered into by and between you and Prima Realty (International) Co,Ltd. and its affiliate and subsidiary companies (collectively, “we”, “our” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of our website(s) (the “Website”), including any content, functionality, and services offered on or through our website(s) (collectively, and together with the Website, the “Services”). The Services contain material such as software, text, graphics, displays, images, photographs, audio, video, and other material, including without limitation the design, selection and arrangement thereof (collectively, the “Content”) provided by or on behalf of us.
Please read the Terms of Use carefully before you start to use the Services. By using the services, you accept and agree to be bound and abide by these terms of use and our privacy policy incorporated herein by reference. If you do not want to agree to these terms of use or the privacy policy, you must not access or use the services.
These terms of use contain a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. By agreeing to these terms of use and the arbitration and class action waiver provision, you waive your right to bring a lawsuit in court.
The terms “you” and “your” refer to an individual registering with or accessing any or all of the Services. You represent that you have the full right, power, and authority to enter into and perform these Terms of Use without the consent of any third party.
Changes to the Terms of Use
We may revise, update, or replace these Terms of Use from time to time in our sole discretion and without notice. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set out herein will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website.
Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Use of the Services
Eligibility
You represent and warrant that you are at least eighteen (18) years of age and that you have the right, authority, and capacity to enter into, perform your obligations under, and abide by these Terms of Use. If you are under the age of 18, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change their eligibility criteria at any time. You are solely responsible for ensuring that your use of the Services under these Terms of Use is compliant with all laws, rules, and regulations applicable to you. The right to access the Services is revoked where use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule, or regulation. Further, unless otherwise mutually agreed in writing, the Services are offered only for your use and not for the use or benefit of any third party; and in any event, each person receiving the benefit of the Services must agree to and abide by these Terms of Use as a condition to our obligations.
Prohibited Uses.
You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree you will not engage in any of the following activities:
Access or use the Services or Content to collect any market research for a competing business;
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
Decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Services;
Cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Services;
Use any robot, spider, scraper, or other automated means to access or collect data from the Services for any purpose without our express written permission;
Sublicense, sell, transfer, assign, distribute, republish, rent, lease or transmit in any form or by any means any part of the Services;
Use, modify, copy, or create derivative works from the Services or our proprietary trademarks, trade names, logos, trade dress, slogans, designs, and service marks (“Marks”) without our written permission, including without limitation using automated or manual means to access Content from the Services;
Frame, mirror, embed or otherwise incorporate any portion of the Services in any other service or product;
Remove, obscure, or alter any intellectual property rights notice related to any part of the Services or Marks;
Send or store unsolicited, infringing, harassing, obscene, threatening, harmful, defamatory, or otherwise unlawful content;
Facilitate the introduction, transmission or use of any: (a) malicious, harmful, or hidden code (including malware, viruses, worms, and Trojan horses); (b) traps, time bombs, time locks, or other code with a latent ability to disable or cripple software or services; or (c) code that would allow any party to interfere with, disrupt, deactivate, delete, damage, modify, access, or otherwise impede the Services or any portion thereof;
Interfere with, disrupt, or overburden the integrity or performance of the Services, or interfere with any other use of the Services;
Attempt or assist others to attempt to gain unauthorized access to the Services or its related systems or networks; or
Use the Services in any way not expressly authorized by these Terms.
Post any User Content that:
Infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity or violates any law or contractual duty (see our DMCA Copyright Policy);
You know is false, misleading, untruthful, or inaccurate; is unlawful, threatening, discriminatory, hateful, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, or profane; contains or depicts nudity or sexual activity; promotes bigotry, racism, hatred, or harm against any individual or group; or is otherwise inappropriate as determined by us in our sole discretion;
Constitutes unauthorized or unsolicited advertising, junk, or bulk e-mail (i.e., spamming);
Impersonates, bullies, stalks, or intimidates any person or entity, including any of our employees or representatives, or falsifies or misrepresents yourself or your personal information; or
Includes any confidential information, violates the rights of others (including, without limitation, the rights of publicity and privacy and rights under a contract), or otherwise contains any material that could give rise to any civil or criminal liability under applicable laws or regulations, or that otherwise may be in conflict with these Terms of Use.
Service Changes; Suspension.
We reserve the right to withdraw, amend, or stop the Services in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict or suspend access to some or all the Services to users, including registered users. Your continued use of the Services after any change or limitation constitutes your acceptance thereof.
Monitoring
We have the right, but not the obligation, to review and monitor your use of the Services at any time, with or without notice, to ensure compliance with these Terms of Use.
Your Representations
You represent and warrant that you:
are entitled to grant the rights and licenses to your User Content under these Terms of Use and none of your User Content will infringe any party's intellectual property rights or violate applicable law;
will not sublicense, sell, license, assign, or transfer to any party any information obtained through the Services or engage in any other commercial exploitation of the Services;
have the right and authority to enter into these Terms of Use, and that by entering into or executing your obligations under these Terms or Use, you will not be in breach or violation of the terms of any agreement with or obligation to any third party;
are a prospective purchaser or seller of real property in the geographic areas where we are licensed and operating with a bona fide interest in the purchase or sale of such real property;
have not signed any agreement with a real estate broker that would prevent you from using us as your sole and exclusive broker, and you do not have a contract or agreement with any third party that would interfere with our representation of you;
will limit your search on the Services to properties within your anticipated purchase ability or price range and to the properties that meet your other criteria;
will not (a) contact the owner or seller of any property from information gained through the Services or (b) attempt to enter the property or speak with an owner or seller without an appointment set by us;
will abide by all copyright restrictions placed on the content of the Services including, but not limited to, any material or data compilations where we or others may hold the copyright;
agree that we may also represent other prospective buyers seeking to purchase properties that may meet your criteria; and,
authorize us to review and provide copies of various documents in any of your transactions relating to the Services, including without limitation home inspection reports and closing papers.
Property Data Restrictions
In addition to other restrictions herein, for the avoidance of doubt, all property data provided through the Services is for your personal, sole and private, non-commercial use and not available for redistribution, retransmission or copying. You may not sell or use such data for any purpose, other than the purpose of attempting to evaluate properties or properties for sale or purchase.
User Content
All listing, rental, or sales information, and other content added, created, uploaded, submitted, distributed, or posted in connection with the Services or otherwise provided by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules, and regulations. We make no guarantees regarding the accuracy, currency, suitability, or quality or any User Content. We reserve the right to change, condense or delete any content, information, or other materials on the Services, including User Content. If you or any permitted user under your account provides us with feedback, comments, and suggestions with respect to the Services or our good and services (“Feedback”), you hereby agree that we will be free to use, reproduce, disclose, and otherwise exploit all such Feedback in perpetuity without compensation or attribution to you or any third party.
Compliance Services
We do not provide compliance services. You agree that the Services are provided for your convenience only, and not for purposes of enabling you to meet your obligations under applicable law or third-party agreements. You are solely responsible for ensuring compliance with such obligations.
Intellectual Property Rights
Except as expressly provided herein, the Services, Content, and Website are owned by us, our affiliate and subsidiary companies, and our and their licensors or other providers of such material, and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material through our Services.
No right, title, or interest in or to the Services or any of the Content is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Trademarks
You must not use our Marks without our prior written permission. All other names, logos, product and service names, designs, and slogans used or displayed on the Services are the trademarks of their respective owners. You will do nothing inconsistent with such ownership, including by challenging title or registering or attempting to register Marks or any similar trademarks. No title to or ownership in the Marks, or any associated intellectual property rights embodied therein, is transferred by implication to you under these Terms or Use. Any use of Marks by you that is permitted under these Terms of Use will inure to the benefit of and be on behalf of the applicable owner. You will promptly notify us of any use of the Marks by any party that is not authorized by these Terms of Use. If you provide us with Feedback, you assign to such entity all right, title and interest in and to such Feedback, including all intellectual property rights therein, waiving all claims thereto, including claims of payment and credit.
Information and Data About You and Your Use of the Services
You agree that we may collect, store, use, and distribute information in accordance with the Privacy Policy, including in respect of your information and data. You will comply with the Privacy Policy. Without limiting the rights contained in the Privacy Policy, you understand and agree that we may use both the data you input into as well as usage data (such as search criteria) to provide and improve our real estate services.
No Warranties
This website is provided “as is” without any representations or warranties, express or implied. primarealty.com makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, primarealty.com does not warrant that:
this website will be constantly available, or available at all; or the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.
Limitation of Liability
primarealty.com will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
to the extent that the website is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if primarealty.com has been expressly advised of the potential loss.
11. Indemnification
You hereby indemnify primarealty.com and undertake to keep primarealty.com indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by primarealty.com to a third party in settlement of a claim or dispute on the advice of primarealty.com legal advisers) incurred or suffered by primarealty.com arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Third Parties
We may, in our sole discretion, (a) delegate or subcontract the performance of any portion of the Services to third party service providers, and (b) make available one or more third party applications and/or services (“Third Party Products”) to you in connection with the Services. Third Party Products may be separately licensed to you by their respective providers. If you access a Third-Party Product from the Services, you do so at your own risk, and you understand that these Terms of Use and the Privacy Policy do not apply to your use of such sites. You expressly relieve us from all liability arising from your use of any Third-Party Product, and we make no representations or warranties of any kind in respect thereof. Please visit third party websites to review their terms of use. Additionally, there may be links to third party sites which are not under our control and we are not responsible for the contents of any linked site.
Breaches of these terms and conditions
Without prejudice to primarealty.com other rights under these terms and conditions, if you breach these terms and conditions in any way, primarealty.com may take such action as primarealty.com deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Variation
primarealty.com may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
primarealty.com may transfer, sub-contract or otherwise deal with primarealty.com rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire agreement
These terms and conditions constitute the entire agreement between you and primarealty.com in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with Thailand governing law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of Thailand.
How to Contact Us.
If you have any questions, feedback, comments, or requests with respect to the Services, please contact us at Prima Realty (International) Co,Ltd., Interchange 21 Building, Unit TT27, 33rd Floor 399 Sukhumvit Rd, Khlong Toei Nuea, Watthana, Bangkok 10110 or [email protected]