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:
“NocNocTravelandTours” means Company Limited registered as a legal entity under the law of the Kingdom of Thailand.
“Local Experts” means any external tourist service providers who are using NocNocTravelandTours’s services. The Local Experts are not regarded as NocNocTravelandTours’s employee or a contractor under hire of work agreement under Thailand Civil and Commercial Code.
“Customers” means any persons who are accessing and/or using the service provided by NocNocTravelandTours and Local Experts for the purpose of travelling.
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
NocNocTravelandTours provides an online platform through which Customers can browse different types of travel facilities, including but not limit to tourist guide and trip listing service. In rendering the services, NocNocTravelandTours shall not be deemed or construed as operating a tourist service or any others services having the same nature. NocNocTravelandTours does not act as an agent for both Local Experts and Customers in matching the travel facilities and/or trip listing. However, in order to avoid a fraud undertaken by Local Experts, NocNocTravelandTours will hold the payment paid from the Customers to the Local Experts until the end of travel plan.
The information that NocNocTravelandTours discloses about travel facilities is based on the information provided by Local Experts whereby such Local Experts 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, NocNocTravelandTours reserves the right to verify or delete any information in this web site at its own discretion without any prior notice.
By accessing this web site, Customers agree that NocNocTravelandTours shall not be held liable for any direct, indirect or consequential loss or damage arising out of the use of the travel facilities and/or trip listing service, including information and materials contained herein or from Customers’ access to other materials on the Internet via links from this web site. In this regard, the Local Experts shall be responsible toward loss or damage arising out of the information and travel facilities and/or trip listing service offered by the Local Experts to the Customers through NocNocTravelandTours .
In cases of modification or cancellation of services, any refund shall be in accordance with NocNocTravelandTours’s “Cancellation Policy” as appeared under NocNocTravelandTours’s web site.
1.2 INTELLECTUAL PROPERTY
The information and contents contained in this web site are copyrighted materials owned or controlled by NocNocTravelandTours and/or Local Experts 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 this web site, is strictly prohibited. Local Experts agree that NocNocTravelandTours reserves the right to use, copy, modify, transmit, store, publish or distribute the information and contents in this web site, regardless whether it is owned or controlled by any Local Experts, for any commercial and non-commercial purposes.
Notwithstanding of the foregoing paragraph, Local Experts agree that NocNocTravelandTours 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 Experts by any persons. In this regard, Local Experts also warranty that all contents used/to be used in this web site 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 travel plan. At the time of booking, it shall be deemed that Customers agree and accept the terms and conditions of such travel plan. The booking shall be deemed completed once the payment has been made through NocNocTravelandTours’s system where NocNocTravelandTours will confirm the payment by sending out the payment receipt and voucher to the Customers.
The payment shall be made by Customers in accordance with the amounts calculated under the “Trip Confirmation” section (which already includes NocNocTravelandTours’s service fee). The exchange rate shall be provided by NocNocTravelandTours which could be changed without any prior notice. Customer 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 facilities and/or trip listing service which would depend on the conditions provided by the Local Experts.
In case of dispute, NocNocTravelandTours may assist to facilitate the dispute resolution between Customers and Local Experts. In such case, NocNocTravelandTours reserves the right to retain the payment due to be made to the Local Experts until the dispute is resolved. Without limitation, both Customers and Local Experts agree and accept that NocNocTravelandTours can access (at any time) and disclose any information related to Customers and Local Experts to authorities for the purpose of investigation.
1.4 LOCAL EXPERTS
All parties agree that NocNocTravelandTours 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 NocNocTravelandTours ’s knowledge, Local Experts agree and accept that they shall be responsible for all damage and lost arising from such absence.
Local Experts shall be responsible for the correctness and completeness of their personal information and information presented under “Guide Profile” section. Local Experts agree and accept that they shall deliver all necessary documents to NocNocTravelandTours for the purpose of document verification, however, such verification would not constitute any legal binding effect.
Local Experts can contact Customers through messaging system provided by NocNocTravelandTours . It is agreed that NocNocTravelandTours shall not share any responsibility or liability with respect to the conversation between Customers and Local Experts. Both Customers and Local Experts agree and accept that all conversation made through NocNocTravelandTours ’s platform is subject to a verification and/or modification by NocNocTravelandTours as appropriated.
Local Experts shall conduct their duty in accordance with the travel facilities and/or travel listing service as agreed with the Customers. In this regard, the Local Experts offering the service to Customers shall be the same person under the “Guide Profile” section. Without limitation, Local Experts agree and accept that they shall hold harmless for all claims against NocNocTravelandTours in relation to the customer review.
Any modification or amendment of travel facilities and/or trip listing service or Local Experts after the time NocNocTravelandTours sends out the payment receipt and voucher to the customers would require a prior consent from the Customers. NocNocTravelandTours shall have no liability arising from force majeure situation regardless whether it is taken place by Local Experts or Customers’ fault.
NocNocTravelandTours shall retain the payment made by Customers in relation to the travel facilities and/or trip listing service until the completion of such travel and shall transfer the payment as such to Local Experts within 15 (fifteen) business days from the date the trip finishes. Local Experts agree and give consent that NocNocTravelandTours can deduct the service fee, 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 facility, trip listing service or Local Experts with other perspective/existing customers. Customers represent and warranty that (i) the contents that they post or distribute through NocNocTravelandTours ’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, NocNocTravelandTours 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 NocNocTravelandTours shall be regarded as non-confidential and NocNocTravelandTours is under no obligation to considered such contents as protected information under specific laws. NocNocTravelandTours reserves the right to adjust, modify, translate, edit, refuse, delete or remove review at its own discretion without prior notice.
1.6 PRIVACY POLICY
Unless express stipulated thereof, Customers’ information shall be treated as confidential. NocNocTravelandTours shall not disclose a personally identifiable information to any third parties without consent, however, Customers agree that NocNocTravelandTours may disclose Customers’ personal information to Local Experts, law enforcement agencies and government for security, customs and immigration purposes, our lawyers and legal advisors for establishing, exercising or defending our legal right.
Regardless the foregoing, all payment information, including credit card information shall be maintained and treated in accordance with the confidential policy imposed by “PayPal”. NocNocTravelandTours reserves the right to change this Privacy Policy at any time without prior notice.
1.7 DISCLAIMER
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 “NOCNOC TRAVEL AND TOURS” 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 acknowledge that NocNocTravelandTours is not liable for defamatory, offensive, infringing or illegal contents or materials or conduct or that of third parties, and NocNocTravelandTours reserves the right to remove such contents or materials from the NocNocTravelandTours’s web site without liability.
All contents, including, but not limited to text, figures, timetables, photographs, graphics, etc., in any NocNocTravelandTours ‘s web site may contain technical errors or typing inaccuracies or other types of errors or inaccuracies. NocNocTravelandTours assumes no responsibility whatsoever for any such errors or inaccuracies. All parties agree not to hold NocNocTravelandTours liable for the consequence of any action(s) all parties may take on the basis of the information contained on any this web site.