1. Definitions
In these Terms:
(a) "Website and Application" means the website and application known as Tripdio, accessible at www.tripdiothailand.com, which operates and provides the following services:
1. Provides information and recommendations on tourist destinations for independent travelers, with content created and owned by guides and experts.
2. Allows guides, experts, and tourism operators to independently add information through the website or application for presentation to travelers.
3. Allows guides, experts, and tourism operators to set prices or receive compensation for creating content.
(b) "Website and Application Owner" means Good App Innovation Co., Ltd., a legal entity registered under number 0125562023376, with its office located at 168/15 The City Saphan Maha Chetsadabodin, Soi Thai Ma 19, Tambon Thai Ma, Amphoe Muang Nonthaburi, Changwat Nonthaburi 11000.
(c) "User" means any visitor, user, or member of the Website and Application, or any other person who accesses the Website and Application, regardless of the method or nature of such visit, use, membership, or access, the device or channel through which it is made, and whether or not any fees are paid.
(d) "Personal Data" means any data, whether of the User or any other person, which can be used to directly or indirectly identify that person.
(e) "Content" means any text, articles, comments, analyses, images, symbols, marks, graphics, photographs, animations, films, sounds, audio recordings, designs, instructions, sets of instructions, or communications of any nature and in any form on the Website and Application, regardless of whether such Content is subject to access restrictions.
2. Permission to Use the Website and Application
Whereas the owner of the website and application has opened the website and application for use in accordance with this agreement and the user intends to use the website and application, by using the website and application, the user has read and understood the text and various conditions of this agreement in detail and has agreed to all of the conditions set forth in this agreement. In this regard, the owner of the website and application hereby permits the user to use the website and application under the conditions of this agreement.
3. Usage Recommendations
To use the website and application of the user to achieve efficiency and the highest user experience, the user may use the website and application as specified by the owner of the website and application as follows:
1. The user can register to create an account with Tripdio to access fully efficient functions.
2. The user can search for tourist attractions, accommodations, shops, and restaurants on the application.
3. The user can search for travel content created by guides, experts, and owners of tourist attractions.
4. The user can add money to exchange for Tripdio coins to be used to purchase travel content or to support the travel content they like.
5. The user can write comments and show appreciation for the content.
6. There will be 3 types of user accounts in total: general user accounts, guide or expert accounts, and corporate accounts.
7. General user accounts will not be able to use the function to create travel content and will not be able to use the function to generate income.
8. Guide accounts can access all functions within the application and website efficiently.
9. The user can use the Bookmark function to save content of interest to view later.
10. Users who pay Tripdio coins to unlock access to content will be able to view that content an unlimited number of times and it will never expire unless the content is removed due to a violation of the terms of use.
4. Prohibitions on the Use of the Website and Application
In any case, in the use of the website and application of the user, the user agrees not to use the website and application, whether directly or indirectly, in any manner, one of the following:
(a) Perform any act that violates the law, court judgment, or order of the government or agency exercising
state power.
(b) Perform any act that may violate peace and order or tradition.
(c) Perform any act that infringes intellectual property, copyright, trademark, patent, reputation rights,
personal rights, and other rights of the owner of the website and application or other persons.
(d) Perform any act that leads to the collection, disclosure or provision of personal data unlawfully.
(e) Perform any act that disrupts the operation of the network system, instruction set, or network system of
the website and application.
5. User Account
In using the website and application, the owner of the website and application may provide a user account for each user as requested by the user from time to time. The owner of the website and application has the sole right to approve the opening of a user account, determine the type of user account, determine the access rights to data of each type of user account, any expenses related to the user account, duties, and responsibilities of the user who is the owner of that user account.
The user agrees to keep the user account name, password, and any of their information strictly confidential and agrees not to consent to, and agrees to use best efforts to prevent others from using the user's user account.
In the event that the user's user account is used by another person, the user agrees and acknowledges that such use by another person is made as an agent of the user and is binding as if the user had acted himself.
6. Collection and Use of Users' Personal Data
In using the website and application, the user acknowledges and agrees that the website and application owner has the right to collect, process, use and benefit from the user's personal data that the user has provided to the website and application owner. This personal data includes:
- Gender
- Age
- Full name
- Phone number
- Address
The user's personal data will be used for the following purposes:
The user has the right to access, delete, edit, change, transfer, object to the abovementioned personal data provided to the website and application owner, and at any time, may withdraw consent for the collection and use of the user's personal data as long as it does not conflict with the law or the rights of the website and application owner.
In the case that the website and application owner exploits the user’s personal data, the website and application owner agrees to use such data as long as it does not cause damage, distress or nuisance to the data owner, and will not disclose such data to outside parties in a way that may identify the personal identity of the data owner, unless it is use and disclosure as prescribed by law or by order of state authorities.
7. User's Warranty and Responsibilities
In using the website and application, the user has the duty and warrants to the website and application owner that they will make their best effort to perform the user's duties and comply with the following terms and conditions:
(a) The user has read and understands the content and conditions of this entire agreement and by visiting,
using or registering as a member of the website and application, the user agrees to the conditions
prescribed in this agreement.
(b) The user understands and acknowledges that this agreement is a binding contract which can be enforced by
law between the website and application owner and the user.
(c) The user shall carry out any necessary and appropriate actions to ensure that the user's employees,
subcontractors, assistants, consultants or any agents of the user (if any) strictly comply with this
agreement.
(d) In case any other person makes a claim against or files a lawsuit against the user related to or arising
from the user's use of the website and application, the user will settle the claim at the user's own expense
and responsibility and agrees to make their best effort to prevent the website and application owner from
getting involved in the claim settlement process.
(e) In case the website and application owner suffers any damages or expenses related to or arising from the user’s use of the website and application, the user agrees to fully compensate the website and application owner for such damages or expenses.
8. User's Content
In using the Website and Application, the User may display its content in the Website and Application regardless whether the access to such content is limited or not. In this regard, the User agrees that:
(a) No content violating other persons’ rights shall be displayed, including but not limited to copyright,
moral rights, patent, trademark, design rights, utility model rights, trade secrets, rights in reputation,
personality rights, privacy rights and publicity rights;
(b) No content against public order or good morals or supporting violence or any illegal acts shall be
displayed;
(c) No suspicious, profane, fraudulent, tempting content or content suggesting in any manner that may be
dangerous to other users or may induce any illegal acts shall be displayed;
(d) No private information or confidential information belonging to others shall be displayed without
consent from the owner of such information;
(e) No false content shall be displayed regardless whether such display of false content causes any damages
to others;
(f) No content inducing any discrimination based on race, origin, nationality, religion, gender, social status, etc. shall be displayed;
9. Users’ Breach
In any of the following cases:
(a) The User breaches this Term, any representations made by the User hereunder or any practices notified by
the Website and Application Owner to the User whether generally or specifically;
(b) The User uses the Website and Application for unlawful purposes or against public order;
(c) The User carries out any acts that may cause damages to the Website and Application, the Website and
Application Owner, other users or any external persons;
(d) The User carries out any inappropriate acts as deemed by the Website and Application Owner;
The Website and Application Owner, at its sole discretion, may:
(a) Send an official warning letter to the User to rectify such acts or behaviors;
(b) Suspend the User’s use of the Website and Application within any period as it deems appropriate without
any advance notice; and
(c) Terminate the User’s rights to use or access the Website and Application without any advance notice.
In case the Website and Application Owner suspends the use or terminates the rights to use or access the Website and Application hereunder, the User acknowledges and agrees that the Website and Application Owner shall not be responsible for any loss, damages, claims, liabilities, expenses arising from or in connection with such actions taken hereunder.
10. Availability of the Website and Application
The User agrees and acknowledges that the Website and Application Owner may suspend the use of the Website and Application, in whole or in part, temporarily or permanently, without any obligation to compensate the User for any damages that may arise, in the following cases:
(a) Maintenance of tools and equipment necessary to enable the use of the Website and Application, including
but not limited to server maintenance.
(b) Updating and developing the instruction set related to the use of the Website and Application, including
but not limited to updating the Website and Application instruction set (Update), updating the system
instruction set (Firmware Update).
(c) Tools, equipment, or instruction sets related to the use of the Website and Application are not
available due to tools, equipment, or instruction sets, whether such tools, equipment, or instruction sets
are in the possession of the Website and Application Owner or a third party.
(d) Force majeure, including but not limited to power outages, communication outages, accidents, disasters, fires, natural disasters, strikes, enforcement or changes in laws, government orders.
11. Reporting Problems and Behavior
The User may report any problems from using the Website and Application, including but not limited to errors in the Website and Application or the instruction set, usage behavior of other users that does not comply with these Terms and Conditions, or usage in a manner that may cause unrest, violate public morals, support the use of violence, or usage behavior that disturbs other users at tripdio.biz@gmail.com.
12. Assistance
In the event that the User has any questions or inquiries regarding the use of the Website and Application, the User can study additional information by the User himself at www.tripdiothailand.com and inquire at tripdio.biz@gmail.com.
13. Disclaimer
The User agrees and acknowledges that no part of these Terms and Conditions or within the Website and Application, whether express or implied, the Website and Application Owner will:
(a) Guarantee the stability, reliability, accuracy, completeness, effectiveness, suitability for the User's
specific purpose, security, and errors of the Website and Application.
(b) Be liable for any damages incurred by the User in using the Website and Application, including but not
limited to damage to the equipment and systems used by the User to use the Website and Application or loss
of User data or content, User rights and reputation, except such damages are caused by willful misconduct or
gross negligence of the Website and Application Owner.
(c) Be liable for any damages arising from the User's own actions, whether or not the User intended to do
so.
(d) Be liable for any damages arising from the actions of third parties, including but not limited to the actions of unauthorized access to data (Hackers), computer criminals.
14. Intellectual Property
The user understands and acknowledges that all intellectual property rights including but not limited to the website and application owner’s content, copyright, patents, trademarks, service marks, trade names, or designs, any systems appeared on the website and application are the absolute proprietary rights of the website and application owner at all times.
The user has a revocable, non-transferable right to use said intellectual property only to the extent permitted by the website and application owner under these Terms and at no time will any provision of these Terms, either expressed or implied, transfer any right whatsoever relating to such intellectual property to the user, either directly or indirectly.
15. Confidentiality
In using the website and application, the user may become aware of or receive information from the website and application owner or any other person for using the website and application pursuant to these Terms which has not been publicly disclosed or intended to be widely disseminated at the time of disclosure. The user agrees to keep the website and application owner’s information or any information received from the website and application owner confidential, whether it is personal information or trade secrets, and whether it has value or not, and will not disclose, print, publish or disseminate it to any third party, unless it is done pursuant to law, order of competent authority or prior written consent of the website and application owner.
16. Amendment
The website and application owner may amend or change the text in these Terms at any time, in whole or in part, whereby the website and application owner will notify the user each time there is a change, and any such amended or additional terms shall become part of these Terms.
17. Relationship of the Parties
Whereas both parties understand and acknowledge that entering into these Terms does not constitute any employment relationship pursuant to labor law, or partnership pursuant to partnership and company law between either party and employees of the other party in any way.
18. Assignment
Unless otherwise specified in these Terms, the user agrees not to assign, transfer and/or undertake rights, duties and/or liabilities pursuant to these Terms to any person without prior written consent of the website and application owner.
19. Waiver
Where the website and application owner does not exercise or delays exercising any rights in any matter at any time shall not constitute the website and application owner’s waiver of such rights in such matter, and where the website and application owner exercises only some rights or waives rights in any particular matter at any time shall not constitute waiver of other rights or waiver at other times as well.
20. Entirety
These Terms constitute the entire agreement between both parties. Any acknowledgement, understanding, discussion or negotiation made before the date these Terms are entered into between relevant parties relating to these Terms that conflicts with or contradicts the text herein shall be superseded by the text in these Terms.
21. Severability
If any provision or agreement in these Terms is void, defective or unenforceable for any reason whatsoever, both parties agree that other provisions and agreements in these Terms shall remain fully effective and binding on both parties as if such void, defective or unenforceable part does not exist in these Terms.
22. Notice
The user agrees that any notice or letter which the website and application owner has to notify him/her under these Terms shall be deemed duly notified when it has been sent to the user by the method specified as follows:
23. Governing Law
These Terms shall be governed by Thai law.
24. Dispute Resolution
Should there arise any dispute or conflict arising out of or in connection to these Terms, and the parties fail to reach mutual agreement, the parties agree to file a lawsuit with the Thai court.