Terms & Conditions

Last revision: 22.10.2018

1. Introduction

Welcome to Thaiwisely, a brand owned by Thaiwisely Co. Ltd. By using Thaiwisely, intended as a website (http://www.thaiwisely.com/) or software applications (collectively, the "Thaiwisely", the "Service", the "System"), the user of our services expressly agrees to have read, understood and accepted these Terms and Conditions, our Privacy Policy and Refund Policy.

If you do not agree with one or more of the clauses in our legal documentation, please do not use our services.

In order to use the service, you must:

  1. You must be over 18 years of age. In the event that you are 13 years of age or older, you must have a parent or guardian consent to accept the rules contained herein.
  2. You may accept and sign (by implication) our legal documentation.

The user also guarantees that all data provided to Thaiwisely at the time of signing the contract is true, accurate and complete and undertakes to keep it true.

2. Amendments to the agreements

From time to time, we may, at our discretion, make changes to the Service and/or our legal documentation. When we make significant changes to the legal documentation, we will notify users via the System. The continued use of Thaiwisely after such changes, implies an express acknowledgement and acceptance of the changes.

3. The services and inherent responsibilities

Our search engine is giving our customers more options by connecting routes operated by different companies together in one ticket (creating transfers). We guarantee our customers to get them to the destination even if the first connection is delayed ("Thaiwisely Guarantee") and cannot make it on time for the following transportation, but we only guarantee transfers offered by us. If a customer buys two separate tickets, we don't offer any guarantee.

Additionally, itineraries can change due to weather conditions or for other direct/indirect circumstances. In this sense, we reserve the right to change it by following up information from our transportation providers.

Proceeding, because we don't guarantee arrival on time, we explicitly recommend our customers to buy tickets to airports with arrival close to the airport one day in advance, to make sure to able to catch their flight. We are not responsible for any missed flights.

We will not be responsible for delayed flights and missed connections (excluding private transport, then the customer should notify us as soon as he/she learns about the delay so we can adjust the pickup).

If the customer wishes to change the departure date, he/she shall contact us at least 24 hours before the departure. We will check with the transportation company and let the customer know possibilities.

Finally, the maximum number of luggage is 2 per person. If a passenger has more pieces of luggage he/she might be charged extra.

4. Licenses

The Thaiwisely and the content provided through it are property of Thaiwisely Co. Ltd. or its licensors and we grant them to users under a limited, non-exclusive and revocable license for their personal and non-commercial use of the Service.

Thaiwisely retains ownership of all copies of software applications even after installation on users' devices. You may not assign, transfer or sub-license any of your rights under this License to any third party.

All Thaiwisely trademarks, service marks, trade names, logos, domain names and all other features of the Thaiwisely trademark are the exclusive property of Thaiwisely Co. Ltd. This License does not grant any right to use the trademarks, Thaiwisely service marks, trade names, logos, domain names, or other features of the Thaiwisely trademark, whether for commercial or non-commercial use.

The user agrees not to use the Thaiwisely Service (including but not limited to its content) in any way that is not expressly provided for by these Conditions.

Third party software collections included in the Thaiwisely Service are licensed according to the rules set forth in these Terms.

5. Third-party services

Thaiwisely, in order to properly provide its services, may (now or in the future) use third party applications, websites and content directly offered by third parties ("Third Party Applications"). The use of these applications is subject to their own terms of use. You acknowledge and agree that Thaiwisely is not responsible for the behavior, features, or content of any third party application. In this sense, we currently use Paypal (https://www.paypal.com) as third-party payment provider which manages and process any payment process through our website. We suggest the user to properly read the set of legal documents governing this service before its use.

6. User content

Users of Thaiwisely may post (now or in the future), upload and/or contribute ("post") content to the Service, including photographs, text and other content ("Content"). You have the right to post any Content within the System and warrant that such Content or your use by us, as provided in these Agreements, will not violate these Agreements, applicable law, intellectual property or the rights of others. You hereby grant us an international, non-exclusive, transferable, sub-licensable, royalty-free, royalty-free license to any Content posted on, or in connection with, Thaiwisely. The above license will be in effect until you suspend your Thaiwisely account except in the case of content posted, made public or shared with others. In addition to the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the Content posted on the Thaiwisely service, except that, where applicable under the laws of your country, you agree to waive your right to be identified as the author of any Content on the Thaiwisely service and your right to object to derogatory treatment.

Thaiwisely does not monitor, review or modify the Content posted but reserves the right to remove or disable access to it for any reason, including, but not limited to, Content that, in our sole discretion, violates these Agreements. Thaiwisely may take such action without prior notice to you. Removal or disabling of access to the Content in question will be at our sole discretion, and we cannot guarantee the removal or disabling of any Content that violates these Agreements.

Thaiwisely is not responsible for the Content posted and does not endorse any opinion contained therein. If you believe that any Content infringes any intellectual property rights, please contact us using the support@thaiwisely.com.

7. User guidelines

Thaiwisely respects intellectual property rights and expects users to do the same. Thaiwisely has established some basic rules that users should follow when using the Service to ensure that Thaiwisely remains a product that everyone can use. Please, follow these rules and encourage other users to behave in the same way. The following actions are not permitted for any reason:

  1. copy, redistribute, reproduce, "extract", record, transfer, perform or publicly display, transmit or make available to the public any part of the Thaiwisely Service or Content, or alternatively make any use of the Thaiwisely Service or Content that is not expressly permitted under the Agreements or applicable law, or that otherwise infringes the intellectual property rights (such as copyright) of the Thaiwisely Service, Content or any part thereof;
  2. use the Thaiwisely Service to import or copy local files for which you do not have the necessary legal rights to do so;
  3. everse engineer, decompile, disassemble, modify or create derivative works based on the Thaiwisely Service, Content or any part thereof, except as permitted by applicable law;
  4. circumvent any technology used by Thaiwisely, its licensors or other third parties to protect Content or Service;
  5. sell, rent, subcontract or lease any part of the Thaiwisely Service or Content;
  6. circumvent any territorial restrictions applied by Thaiwisely or its licensors;
  7. remove or modify any copyright, trademark or other intellectual property notices contained in or provided through the Thaiwisely Service (including for the purpose of concealing or modifying any proprietary or proprietary notices of any Content);
  8. crawl within the Thaiwisely Service, or use other automated means (including bots, scraper and spiders) to collect information from Thaiwisely;

Please respect Thaiwisely, the owners of the Content and other users of Thaiwisely. Do not engage in any activity, post User Content (if applicable) or register and/or use a user name that is or includes material:

  1. offensive, disparaging, defamatory, pornographic, threatening or obscene;
  2. illegal or designed to promote or commit illegal acts of any kind, including but not limited to infringement of the intellectual property rights, privacy rights or exclusive rights of Thaiwisely or any third party;
  3. malicious such as malware, Trojan horses or viruses, or otherwise capable of interfering with your access to the Service;
  4. conceived or capable of causing disturbance or harassment to other users;
  5. capable of faking or misrepresenting its affiliation with other users, persons or entities, or otherwise fraudulent, false, deceptive or misleading;
  6. which uses automated means to artificially promote content;
  7. which involves the transmission of unsolicited mass messages or other forms of spam ("spam"), junk mail, chain letters or the like, including through the inbox of Thaiwisely;
  8. that involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes or pyramid schemes, that are not expressly authorized by Thaiwisely;
  9. that connects, refers to or otherwise promotes commercial products or services, unless expressly authorized by Thaiwisely;
  10. that interferes with or in any way disrupts the Thaiwisely Service, tampers with, violates or attempts to probe, examine or vulnerability test the Thaiwisely Service or computer systems or network, rules of use or any other security component, authentication measure or other Thaiwisely protection measure applicable to the Service, Content or any part thereof; or
  11. that causes conflicts with the Agreements, as determined by Thaiwisely.

You understand and agree that the publication of such User Content may result in the immediate termination or suspension of your Thaiwisely account. You also agree that Thaiwisely may recall your username for any reason.

The password protects the user account, and the user is solely responsible for keeping it confidential and secure. You understand that you are responsible for all use of your user name and password within the Service. In the event of theft or loss of your username or password, or if you believe that there has been unauthorized access to your account by a third party, please notify us immediately and change your password as soon as possible.

Additionally, we are not responsible for potential issues due by pets or the type of adopted language. Similarly, we are not responsible for any injury or problem occurred during the travel, since any potential insurance in this sense in under the control of the transportation company.

8. Payments & Refunds

As already specified in the “Third-party services”, we currently use Paypal as third-party payment gateway. Additionally, we offer specific policies inherently to the refunds and cancellations which may be consulter by the user directly in the “Refunds & Cancellations Policy” on the website.

9.Limitations and Service modifications

Thaiwisely will make reasonable efforts to keep the Thaiwisely Service operational. However, from time to time, some technical difficulties or maintenance operations may cause temporary interruptions. To the extent permitted by applicable law, Thaiwisely reserves the right to modify or discontinue, periodically and at any time, temporarily or permanently, the functions and capabilities of the Thaiwisely Service, with or without notice and without any liability to users, except where prohibited by law, for any interruptions, changes or terminations of the Thaiwisely Service or other related functions.

10. Termination and cancellation

The Agreements will remain in force until terminated by the user or Thaiwisely. However, the user understands and agrees that Thaiwisely may at any time suspend or completely deny access to the services to any user, without any written notice.

11. Warranty and disclaimer

THAIWISELY TRIES TO PROVIDE THE BEST POSSIBLE SERVICE, BUT THE USER UNDERSTANDS AND AGREES THAT THE THAIWISELY SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OR EXPRESS OR IMPLIED STATUS OF ANY KIND. YOU USE THAIWISELY SERVICE AT YOUR OWN RISK. TO THE MAXIMUM LIMITS LAID DOWN BY APPLICABLE LAW, THAIWISELY AND ALL CONTENT OWNERS DO NOT PROVIDE ANY INSURANCE AND DENY ANY WARRANTY OR SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THAIWISELY AND THE CONTENT OWNERS DO NOT WARRANT THAT IN ANY WAY THE THAIWISELY SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, THAIWISELY DOES NOT PROVIDE ANY INSURANCE AND DOES NOT WARRANT, AFFIRM OR ASSUME THE RESPONSIBILITY OF ANY APPLICATION OF THIRD PARTIES (OR ITS CONTENT), USER CONTENT OR OTHER PRODUCTS OR SERVICES PUBLISHED OR OFFERED BY THIRD PARTIES ON OR THROUGH THE SERVICE THAIWISELY OR A WEBSITE LINKED THROUGH HYPERTEXT LINK OR PRESENTED IN A BANNER OR OTHER ADVERTISING. YOU ACKNOWLEDGE AND ACCEPT THAT THAIWISELY IS NOT RESPONSIBLE FOR ANY TRANSACTION BETWEEN USER AND SUPPLIERS THIRD PARTIES OF APPLICATIONS OR THIRD-PARTY PRODUCTS OR SERVICES PUBLISHED ON OR THROUGH THAIWISELY SERVICE. IN THIS RESPONSE, NO ADVICE OR INFORMATION PROVIDED FOR ORAL OR WRITTEN BY THE USER TO THAIWISELY WILL CONSTITUTE ANY FORM OF WARRANTY FOR THAIWISELY. IF PROHIBITED BY APPLICABLE LAW, SOME ASPECTS OF THIS SECTION CAN NOT APPLY TO CERTAIN JURISDICTIONS.

12. Limitations

YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE ONLY AND SOLELY REMEDY FOR ANY PROBLEMS WITH THE THAIWISELY SERVICE CONSISTS IN UNINSTALLING THE THAIWISELY SOFTWARE AND STOPPING USING THE THAIWISELY SERVICE. EVEN IF THAIWISELY DOES NOT ASSUME ANY LIABILITY FOR THIRD PARTY APPLICATIONS OR THEIR CONTENT, AND EVEN IF THE RELATIONSHIP WITH THESE THIRD PARTY APPLICATIONS MAY BE ADJUSTED BY SEPARATE AGREEMENTS WITH THOSE THIRD PARTIES, TO THE EXTENT PERMITTED BY LAW ONLY AND ONLY REMEDY OFFERED BY THAIWISELY FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THEIR CONTENT CONSIST IN UNINSTALLING AND / OR STOP USING THESE THIRD-PARTY APPLICATIONS.

IN THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THAIWISELY AND ITS OFFICIALS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, AFFILIATES, BRANCHES, SUCCESSORS, ASSIGNEES, SUPPLIERS OR LICENSORS MAY BE CONSIDERED LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL DAMAGES , PUNITIVE, EXEMPLARY OR CONSEQUENT; (2) ANY LOSS OF USE, DATA, BUSINESS OR USEFUL (DIRECT AND INDIRECT).

13. Severability and waiver

Except as otherwise stated in the Agreements, where any provision of the Agreements is held to be invalid or unenforceable for any reason or at any level, such invalidity or un-enforceability shall not in any way interfere with or render invalid or unenforceable the remaining provisions of the Agreements, and the enforcement of such provision shall be enforced to the fullest extent permitted by law.

Any failure by Thaiwisely or third party beneficiaries to enforce the Agreements or related clauses shall not void Thaiwisely's or third party beneficiary's right to do so.

14. Assignment

Thaiwisely may assign the Agreements or any part thereof, and may also delegate any obligations under the Agreements. You may not assign the Agreements or any part thereof, nor transfer or sublicense your rights under the Agreements to any third party.

15. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold Thaiwisely harmless from and against any damages, losses and expenses of any kind (including reasonable attorneys' fees and costs) arising out of: (1) your violation of this Agreement; (2) any User Content; (3) any activity in which you engage or perform through the Thaiwisely Service; and (4) your violation of any law or the rights of any third party.

16. Jurisdiction

Thaiwisely Co. Ltd. operates in full accordance with the applicable laws of Thailand, Chiang Mai. In this sense, any dispute or legal controversy will be resolved in the exclusive courts of the Thailand, Chiang Mai.

17. Contacts

If you have any questions about the Thaiwisely Service or Agreements, please contact us at support@thaiwisely.com