Terms, Conditions, and Disclaimer

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:

“WithiTour” means WithiThai 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 WithiTour’s services. The Local Experts are not regarded as WithiTour’s employee or a contractor under the hire of work agreement under the Thailand Civil and Commercial Code.

“Customers” means any persons who are accessing and/or using the service provided by WithiTour and Local Experts for the purpose of traveling.

Unless otherwise specified, all services including Terms, Conditions, and Disclaimer herein shall be governed 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 a dispute.

1.1 SCOPES OF SERVICES AND EXCLUSION OF LIABILITY

WithiTour provides an online platform through which Customers can browse different types of travel facilities, including but not limit to tour guide and trip listing service. In rendering the services, WithiTour shall not be deemed or construed as operating a tourist service or any others services having the same nature. WithiTour 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 fraud undertaken by Local Experts, WithiTour will hold the payment paid from the Customers to the Local Experts until the end of the travel plan.

The information that WithiTour discloses about travel facilities is based on the information provided by Local Experts whereby such Local Experts are fully responsible for providing accurate and complete information (including but not limited to travel arrangement, rates, availability, description, pictures, booking conditions, hotel policies, and other information). In this regard, WithiTour reserves the right to verify or delete any information in this website at its own discretion without any prior notice.

By accessing this web site, Customers agree that WithiTour 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 for 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 WithiTour.

In cases of modification or cancellation of services, any refund shall be in accordance with WithiTour’s “Cancellation Policy” as appeared under WithiTour’s website.

1.2 INTELLECTUAL PROPERTY

The information and contents contained in this website are copyrighted materials owned or controlled by WithiTour 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 website, or creating any other materials using materials in this website, is strictly prohibited. Local Experts agree that WithiTour reserves the right to use, copy, modify, transmit, store, publish or distribute the information and contents in this website, regardless of whether it is owned or controlled by any Local Experts, for any commercial and non-commercial purposes.

Notwithstanding the foregoing paragraph, Local Experts agree that WithiTour 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 the 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 website 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 WithiTour’s system where WithiTour 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 WithiTour’s service fee). The exchange rate shall be provided by WithiTour 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 costs 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, WithiTour may assist to facilitate the dispute resolution between Customers and Local Experts. In such a case, WithiTour 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 WithiTour 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 WithiTour will make its best endeavors to ensure that all Tourist Representatives would operate travel business in due course. All Tourist Representatives represent and warrant 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 WithiTour’s knowledge, Local Experts agree and accept that they shall be responsible for all damage and loss arising from such absence.

Local Experts shall be responsible for the correctness and completeness of their personal information and information presented under the “Guide Profile” section. Local Experts agree and accept that they shall deliver all necessary documents to WithiTour for the purpose of document verification, however, such verification would not constitute any legally binding effect.

Local Experts can contact Customers through the messaging system provided by WithiTour. It is agreed that WithiTour 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 WithiTour’s platform is subject to verification and/or modification by WithiTour as appropriate.

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 WithiTour in relation to the customer review.

Any modification or amendment of travel facilities and/or trip listing service or Local Experts after the time WithiTour sends out the payment receipt and voucher to the customers would require prior consent from the Customers. WithiTour shall have no liability arising from force majeure situation regardless of whether it is taken place by Local Experts or Customers’ fault.

WithiTour 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 WithiTour 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’ opinions toward travel facilities, trip listing services, or Local Experts with other prospective/existing customers. Customers represent and warrant that (i) the contents that they post or distribute through WithiTour’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, WithiTour 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 WithiTour shall be regarded as non-confidential and WithiTour is under no obligation to considered such contents as protected information under specific laws. WithiTour reserves the right to adjust, modify, translate, edit, refuse, delete or remove a review at its own discretion without prior notice.

1.6 PRIVACY POLICY

Unless expressly stipulated thereof, Customers’ information shall be treated as confidential. WithiTour shall not disclose personally identifiable information to any third parties without consent, however, Customers agree that WithiTour 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 of the foregoing, all payment information, including credit card information shall be maintained and treated in accordance with the confidential policy imposed by “PayPal”. WithiTour reserves the right to change this Privacy Policy at any time without prior notice.

1.7 DISCLAIMER

ALL CONTENTS AND MATERIALS, INCLUDING INFORMATION, TEXT, AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. ANY OFFERING OF SERVICES BY WithiTour 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 KINGDOM OF THAILAND.

All parties acknowledge that WithiTour is not liable for defamatory, offensive, infringing, or illegal contents or materials or conduct or that of third parties, and WithiTour reserves the right to remove such contents or materials from the WithiTour’ web site without liability.

All contents, including, but not limited to text, figures, timetables, photographs, graphics, etc., in any WithiTour's website may contain technical errors or typing inaccuracies, or other types of errors or inaccuracies. WithiTour assumes no responsibility whatsoever for any such errors or inaccuracies. All parties agree not to hold WithiTour liable for the consequence of any action(s) all parties may take on the basis of the information contained on this website. https://www.withitour.com