You do AGREE and ACKNOWLEDGE that you have already read and accepted the following Terms, Conditions and Disclaimers prior to accessing our services.
Under this Terms, Conditions and Disclaimer:
“TripBuddy” means TripBuddy Company Limited registered as a legal entity under the law of the Kingdom of Thailand.
“Local Guides, Local Buddies & Personal Assistants” means any external tourist service providers who are using TripBuddy services. The Local Guides & Local Buddies are not regarded as TripBuddy’s employee or a contractor under hire of work agreement under Thailand Civil and Commercial Code.
“Customers” mean any persons who are accessing and/or using the service provided by TripBuddy, Local Guides, Local Buddies & Personal Assistants for the purpose of travelling & Solving problems
Unless otherwise specified, all services including Terms, Conditions and Disclaimer herein shall be govern by and construed in accordance with the laws of the Kingdom of Thailand and the court of competent jurisdiction in Thailand will have exclusive jurisdiction in case of dispute.
1.1 SCOPES OF SERVICES AND EXCLUSION OF LIABILITY
TripBuddy provides an online application platform through which Customers can select different types of travel services, including but not limit to local guides, local buddies, personal assistants and extra services. In rendering the services, TripBuddy shall not be deemed or construed as operating a tourist service or any other services having the same nature. TripBuddy does not act as an agent for Local Guides, Local Buddies, Personal Assistants and Customers in matching the travel services and/or any other extra services. However, in order to avoid a fraud undertaken by Local Guides, Local Buddies and Personal Assistants, TripBuddy will hold the payment paid from the Customers to the Local Guides, Local Buddies or Personal Assistants until the end of travel plan.
The information that TripBuddy discloses about travel facilities and services are based on the information provided by Local Guides and Local Buddies whereby such Local Guides are fully responsible for providing an accurate and complete information (including but not limit to travel arrangement, rates, availability, description, pictures, booking conditions, hotel policies and other information). In this regard, TripBuddy reserves the right to verify or delete any information in website or application at its own discretion without any prior notice.
By accessing this website or application, customers agree that TripBuddy shall not be held liable for any direct, indirect or consequential loss or damage arising out of the use of the travel services and/or any other extra services, including information and materials contained herein or from Customers’ access to other materials on the Internet via links from this website or application. In this regard, the Local Guides and Local Buddies shall be responsible toward loss or damage arising out of the information and travel facilities, services and/or extra services offered by the Local Guides or Local Buddies to the Customers through TripBuddy.
In cases of modification or cancellation of services, any refund shall be in accordance with TripBuddy’s “Cancellation Policy” as appeared under TripBuddy’s website and application.
1.2 INTELLECTUAL PROPERTY
The information and contents contained in website and application are copyrighted materials owned or controlled by TripBuddy and/or Local Guides and Local Buddies as the case may be. Any use, copy, modification, transmission, storing, publishing or distributing of the information and contents on this web site, or creating any other materials using materials in website and application, are strictly prohibited. Local Guides and Local Buddies agree that TripBuddy reserves the right to use, copy, modify, transmit, store, publish or distribute the information and contents in website and application, regardless whether it is owned or controlled by any Local Guides or Local Buddies, for any commercial and non-commercial purposes.
Notwithstanding of the foregoing paragraph, Local Guides and Local Buddies agree that TripBuddy shall not be held liable for any direct, indirect or consequential loss or damage arising out of the infringement of intellectual property law in relation to an unauthorized use of the information and contents owned by the Local Guides and Local Buddies by any persons. In this regard, Local Guides and Local Buddies also warranty that all contents used/to be used in website and application are not intellectual property infringed under the law of the Kingdom of Thailand and under the law of the countries where such information and contents are used/to be used.
1.3 ACCOUNT AND PAYMENT
Customers can enquire information by accessing through the provided access point in order to ensure that they fully understand the terms and conditions of the services. At the time of booking, it shall be deemed that Customers agree and accept the terms and conditions of such services. The booking shall be deemed completed once the payment has been made through TripBuddy’s system where TripBuddy will confirm the payment by sending out the payment receipt and confirmation note to the Customers.
The payment shall be made by Customers in accordance with the amounts calculated under the “Services Confirmation” section (which already includes TripBuddy’s service fee). The exchange rate shall be provided by TripBuddy, which could be changed without any prior notice. Customers agree and accept that they shall bear any payment fees triggered by the related commercial banks.
Customers agree and accept that the payment under the foregoing paragraph may not inclusively cover all cost related to such travel services and/or any other extra services such as transportation, admissions fees, tickets, tool fees, meals, drinks, tips and any other services not mentioned in website or application, which would depend on the conditions provided by the Local Guides and Local Buddies.
In case of dispute, TripBuddy may assist to facilitate the dispute resolution between Customers and Local Guides or Local Buddies. In such case, TripBuddy reserves the right to retain the payment due to be made to the Local Guides or Local Buddies until the dispute is resolved. Without limitation, both Customers and Local Guides or Local Buddies agree and accept that TripBuddy can access (at any time) and disclose any information related to Customers and Local Guides or Local Buddies to authorities for the purpose of investigation.
1.4 LOCAL GUIDES / LOCAL BUDDIES
All parties agree that TripBuddy will take its best endeavors to ensure that all Tourist Representatives would operate travel business in due course. All Tourist Representatives represent and warranty that they possess/complete all necessary and valid licenses/registrations with authorities. In this regard, the verification process includes, but not limited to, (i) online verification; (ii) offline evidence verification; and (iii) face-to-face contact verification. Where there is an absence of any licenses/registrations without TripBuddy’s knowledge, Local Guides and Local Buddies agree and accept that they shall be responsible for all damage and lost arising from such absence.
Local Guides and Local Buddies shall be responsible for the correctness and completeness of their personal information and information presented under “Guide Profile” section. Local Guides and Local Buddies agree and accept that they shall deliver all necessary documents to TripBuddy for the purpose of document verification, however, such verification would not constitute any legal binding effect.
Local Guides and Buddies can contact Customers through messaging and chat system provided by TripBuddy. It is agreed that TripBuddy shall not share any responsibility or liability with respect to the conversation between Customers and Local Guides/Local Buddies. Both Customers and Local Experts or Local Buddies agree and accept that all conversation made through TripBuddy’s platform is subject to a verification and/or modification by TripBuddy as appropriated.
Local Guides and Local Buddies shall conduct their duty in accordance with the travel facilities, services and/or any other services as agreed with the Customers. In this regard, the Local Guides or Local Buddies offering the service to Customers shall be the same person under the “Guide Profile” / “Buddy Profile” section. Without limitation, Local Guides and Local Buddies agree and accept that they shall hold harmless for all claims against TripBuddy in relation to the customer review.
Any modification or amendment of travel services and/or any other extra services or Local Guides/Local Buddies after the time TripBuddy sends out the payment receipt and Confirmation Note to the customers would require a prior consent from the Customers. TripBuddy shall have no liability arising from force majeure situation regardless whether it is taken place by Local Guides/Local Buddies or Customers’ fault.
TripBuddy shall retain the payment made by Customers in relation to the travel services and/or any other services until the completion of such travel and shall transfer the payment as such to Local Guides or Local Buddies within 15 (fifteen) business days from the date the trip finishes. Local Guides and Local Buddies agree and give consent that TripBuddy can deduct the service fees, unless both parties have agreed otherwise.
1.5 CUSTOMER REVIEW
Customers accept that the review is only for the purpose of sharing Customers’ opinion toward travel services, extra services, Local Guides or Local Buddies with other perspective/existing customers. Customers represent and warranty that (i) the contents that they post or distribute through TripBuddy’s platform do not violate the laws and regulations under the related jurisdictions, and (ii) such contents do not cause injury to any person or entity. Customers agree that Customers shall be solely responsible for any damage arising from the contents that Customers have posted as such. Without limitation, TripBuddy has no participation and shall share no responsibility in the legal action arising from such review.
In respect of the foregoing paragraph, all contents submitted to TripBuddy shall be regarded as non-confidential and TripBuddy is under no obligation to considered such contents as protected information under specific laws. TripBuddy reserves the right to adjust, modify, translate, edit, refuse, delete or remove review at its own discretion without prior notice.
Unless express stipulated thereof, Customers’ information shall be treated as confidential. TripBuddy shall not disclose a personally identifiable information to any third parties without consent, however, Customers agree that TripBuddy may disclose Customers’ personal information to Local Guides, Local Buddies, Personal Assistants or law enforcement agencies and government for security, customs and immigration purposes, our lawyers and legal advisors for establishing, exercising or defending our legal right.
ALL CONTENTS AND MATERALS, INCLUDING INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THE WEB SITE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KINDS. ANY OFFERING OF SERVICES BY TRIPBUDDY TO ANY OFFSHORE CUSTOMERS SHALL BE REGARDED AS CONDUCTING BUSINESS ON AN OFFSHORE BASIS AND SHALL NOT BE CONSIDERED AS OPERATING BUSINESS IN OTHER JURISDICTIONS APART FROM THE KINDDOM OF THAILAND.
All parties and partners acknowledge that TripBuddy is not liable for defamatory, offensive, infringing or illegal contents or materials or conduct or that of third parties, and TripBuddy reserves the right to remove such contents or materials from the TripBuddy’s website or application without liability.
All contents, including, but not limited to text, figures, timetables, photographs, graphics, etc., in any TripBuddy's website and application may contain technical errors or typing inaccuracies or other types of errors or inaccuracies. TripBuddy assumes no responsibility whatsoever for any such errors or inaccuracies. All parties and partners agree not to hold TripBuddy liable for the consequence of any action(s) all parties and partners may take on the basis of the information contained on any websites and applications.