User Agreement

Conditions For Website Usage

The use of this website is subject to the following terms and conditions, the Privacy Notice, the Terms of Purchase and any additional terms and conditions, rules, disclaimers and notices displayed by us elsewhere on this website from time to time (hereinafter collectively referred to as the “Terms and Conditions”). Please read the Terms and Conditions carefully before using this website. The Terms and Conditions apply to all visits and use of this website, as well as to the Content (as defined below), information, recommendations, products and/or services provided to you on or through this website.

By accessing and using this website (or any part thereof), you agree to be bound by the Terms and Conditions in their entirety in addition to any other applicable law or regulation that applies to this website and the Internet. If you do not agree to the Terms and Conditions in their entirety, please leave this website.

For the purposes of the Terms and Conditions, “Thanyapura” refers to “Thanyapura Phuket.

Content on this Website

All of the content featured or displayed on this website, including, but not limited to, logos, icons, trade marks, text, graphics, photographs, images, moving images, sound, illustrations and software, (hereinafter referred to as the “Content”) is owned by Thanyapura, their licensors and/or their content providers. The webite including, but not limited to, the general design and the Content, is protected by copyright, moral rights, trade marks and other intellectual property rights. Except as explicitly permitted by applicable copyright laws or under the Terms and Conditions or another agreement between you and Thanyapura, no portion or element of this website or its Content may be copied or reproduced in any form or retransmitted via any means. This website, its content and all related rights shall remain the exclusive property of Thanyapura and/or their licensors unless otherwise expressly agreed. All such rights are reserved.

Currency Display

All final prices are quoted and payable in Thai Baht (THB). The currency display function provided is an approximation and should be used for guidance only.  Currency conversion rates are updated on a regular basis but as we do not directly control these rates we therefore can not and do not guarantee their accuracy. All currency calculations default back to THB at point of check-out.

Disclaimer of warranties

The website and the Content are provided free of charge and on an ‘as is’ and, except to the extent required by law, without any warranties of any kind. The information on this website is for general information purposes only and does not constitute advice.

Except to the extent required by law, Thanyapura does not represent or warrant that the information and/or facilities contained in this website are accurate, complete or current, or that this website or the server that makes this website available are free of viruses or any other harmful components. Further, Thanyapura will not provide for specific IT infrastructure or connectivity. Thus Thanyapura cannot represent or warrant that this website will be uninterrupted or error free. Except to the extent required by law, Thanyapura does not make any warranties or representations regarding the use of the Content on this website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

Limitation of liability

Your use of this website is at your own risk. Where conditions, warranties or consumer guarantees implied or applied by law cannot be excluded, Thanyapura limits its liability, where it is entitled to do so: in respect of services, to the resupply of the relevant services or paying the cost of that resupply; and, in respect of goods, the repair or replacement of the relevant goods or paying the cost of that repair or replacement. Otherwise, to the maximum extent permitted by law, Thanyapura, nor any of their employees, officers, directors nor any of their agents, contractors nor any other party involved in creating, producing or delivering this website or any content shall be liable (and you hereby discharge the aforesaid entities from any and all liability) for any direct, indirect, special, consequential or other loss or damage to any person or entity, however caused (whether by negligence or otherwise) that results from the use of, or the inability to use, this website or content or any other material or product provided to you via this website, including damage caused by viruses or any incorrectness or incompleteness of the information on this website, or relating to the performance of the products obtained via this website or otherwise arising out of or in connection with this website or the Terms and Conditions, even if Thanyapura have been advised of the possibility of any such loss or damage.

Links to third parties

For your convenience and to improve the usage of this website, links to websites that are owned and controlled by third parties may be provided from time to time. These links take you outside Thanyapura’s service and off this website and are beyond Thanyapura’s control. This includes links to partners that may use the Trade Marks as part of a co-branding agreement. The sites you can link to may have their own separate terms and conditions as well as a privacy policy. Thanyapura is not responsible and cannot be held liable for the content and activities of these sites. You therefore visit/access these sites entirely at your own risk.

Please note that these other sites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use and/or privacy policies on those websites prior to using them.

Misuse of this Website

You are prohibited from using this website to post or transmit any User Generated Content (as defined below) which infringes or may infringe third party intellectual property rights or which is threatening, false, misleading, inflammatory, defamatory, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or which could constitute or encourage conduct that would be considered a criminal offense, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. Thanyapura may deny you access to this website at any time in its sole discretion, whether in situations where Thanyapura believes that your use of this website is in breach of any of the Terms and Conditions and/or applicable laws and regulations and/or otherwise.

You are also prohibited from using this website to advertise or perform any commercial solicitation.

User Generated Content

All opinions, remarks, comments, artwork, graphics, photographs, links, questions, suggestions, information, videos and other materials that you or other users of this website post to this website or transmit using this website (hereinafter referred to as “User Generated Content”) will be deemed non-confidential and non-proprietary. Thanyapura shall have the non-exclusive, royalty-free, right and license to use, copy, distribute and disclose to third parties any User Generated Content for any purpose, in any medium and throughout the world.

You warrant that your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant, to Thanyapura a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sub-license, distribute, assign and commercialize without any payment due to you.

You acknowledge and agree that Thanyapura only acts as a passive conduit for the distribution of the User Generated Content and is not responsible or liable to you or to any third party for the content, accuracy of or for any offensive, unlawful or objectionable content you may encounter on the User Generated Content. Thanyapura shall not be continuously monitoring User Generated Content published by you or moderating between users, nor shall Thanyapura be under an obligation to do so. Without limiting the generality of the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Generated Content do not necessarily represent those of Thanyapura. Any use by you of the User Generated Content is entirely at your own risk. You represent and warrant that any User Generated Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the licence as stipulated in this paragraph. You agree to indemnify Thanyapura and keep Thanyapura indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by Thanyapura related to any User Generated Content posted or transmitted by you or your other use of this website.

Thanyapura reserves the right at its sole discretion to block ,remove (in whole or part) or restrict any User Generated Content posted or transmitted by you and which Thanyapura believes is not in accordance with the Terms and Conditions (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to Thanyapura without notice, and without liability to you or anyone else.

You warrant that your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant, to Thanyapura a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sub-license, distribute, assign and commercialize without any payment due to you.

You agree to promptly notify Thanyapura in writing (see How to Contact Us below for contact details) of any User Generated Content (or other Content) which breaches the Terms and Conditions. You agree to provide to Thanyapura sufficient information to enable Thanyapura to investigate whether such User Generated Content (or other Content) breaches the Terms and Conditions. Thanyapura agrees to make good faith efforts to investigate such complaint and shall take such action as Thanyapura in its sole discretion decides. However, Thanyapura does not warrant or represent that it will block or remove (in whole or part) such User Generated Content or other Content.

Unsolicited ideas

Thanyapura maintains the policy of not reviewing or accepting any unsolicited submissions of ideas, inventions, designs and/or other materials related to Thanyapura business (including without limitation footwear, apparel and services) whether consisting of texts, images, sounds, software, information or otherwise (the Materials) from persons external to Thanyapura. You should therefore not post any Materials on this website or send these to Thanyapura by e-mail or otherwise.

Changes to the terms

Thanyapura reserves the right, at its discretion, to change, modify, add, or remove portions of the Terms and Conditions at any time. Please check the Terms and Conditions periodically for changes. Your continued use of this website following the posting of changes to the Terms and Conditions will mean you accept those changes.

Severance

Each provision of the Terms and Conditions & Website Usage Agreement shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and shall not affect the enforceability of any of the other provisions of the Terms and Conditions or Usage Agreement.

Purchases

If you want to order products via this website, please also read the Terms and Conditions of Purchase.

Applicable Law and Jurisdiction

The Terms and Conditions shall be governed by the laws Thailand, and you and Thanyapura hereby submit to the non-exclusive jurisdiction of the courts of Thailand.

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