Terms & Conditions
1. Introduction
1.1 www.elements-koh-samui.com and its sub domains (the Site, our Site) are products of Easy Living Samui Co., Ltd. (We, Our and Us). This document details the Terms and Conditions, that apply to users (You, Your) of the Site.
2. Notification of Policy Changes
Last Updated date displayed at the top of this page. We encourage You to regularly review this document so that You are aware of any changes.
3. Acceptance of Terms and Conditions
3.1 Your access to the Site is conditional upon Your acceptance and compliance with the Terms and Conditions. Your use of the Site will constitute Your acceptance of the Terms and Conditions and other policies posted on the Site. Please read the Terms and Conditions along with any other documentation provided to You before using the Site.
4. Your Obligations
4.1 You must ensure that anyone accessing the Site under Your account complies with the Terms and Conditions.
4.2 Your use of the Site does not produce material that is illegal, misleading or for improper purpose that may expose Us to any liability or legal proceedings.
4.3 Ensure that You do not make, arrange or authorise the insertion of any reference to Us or our Site in any document (including promotional or merchandising material) or on any Web site other than our Site without Our written permission.
4.4 Abide by any applicable code of practice.
4.5 You must not transfer, assign, sell, or give Your account to another party without Our written consent.
4.6 You must not allow another individual, that would otherwise register to the Site, access to the Site using Your account.
4.7 You must acknowledge that You have read and agree to abide by the policies posted on the Site, including Our Privacy Policy and Copyright notices.
4.8 You must acknowledge that We do not have to monitor or censor the content on the Site. However, We reserve the right to do so.
4.9 You must acknowledge that systems or technological failure may hinder or prevent access to all or any part of the Site.
4.10 You must acknowledge that Transmission of data over the Internet can be subject to errors and delays.
4.11 You are responsible for any telecommunications and Internet access charges incurred in Your use of the Site.
4.12 You are responsible for all use of the Site under Your account.
4.13 You are responsible for the security and integrity of Your data.
4.14 From time to time We will contact You about products and services offered by Us. You authorise Us to contact You for that purpose unless You explicitly request Us not to.
4.15 You access and use the Site at Your own risk.
4.16 Any information on the Site should not be regarded as a substitute for professional legal or financial advice.
5. Access and Presentation of Site
5.1 You acknowledge that We may at any time:
- Make changes to any part of the Site and
- Discontinue any part of the Site.
5.2 We may, without notice, deactivate all or part of the Site or to carry out system maintenance, upgrading, testing or repairs.
6. Term of Membership
6.1 The Terms and Conditions are applicable throughout the term of Your membership.
6.2 Membership of the Site is indefinite. You may terminate Your membership at any time.
7. Suspension or Termination of Use
7.1 We may terminate Your membership at any time for any reason provided that 7 days written notice has been provided to You.
7.2 We may at any time suspend or terminate Your membership if:
- You breach any part of the Terms and Conditions or other applicable policy documents, and You do not rectify the breach within 7 days of Us notifying You to do so.
- You provide false or misleading material.
7.3 You acknowledge and agree that termination of Your membership does not relieve You of Your obligations and liabilities in relation to Your membership and We reserve Our right to enforce such obligations and liabilities in any event.
8. Limitation of Liability and Indemnity
8.1 To the fullest extent permissible by law, We:
- Exclude all implied conditions and warranties in the Terms and Conditions.
- Exclude direct or indirect loss or damage (included but not limited to loss of opportunity, loss of revenue and loss of profits).
8.2 We are not liable to You or any other person:
- For any costs, loss, damage or liability directly or indirectly suffered by You (including as a result of a claim by a third party) as a result of Your use or misuse of the Site, or by Your reliance on any content or any other information available from or through the Site.
- For any delay in performance or breach of the Terms and Conditions which arises as a result of any matter beyond Our control including but not limited to viruses, other defects or failure of the server hosting our Site.
8.3 You indemnify Easy Living Samui Co., Ltd. and its officers, directors, employees and agents from and against all losses, damages and costs, including legal fees, arising out of the use of the Site by You or anyone else using Your account.
9. Copyright and Other Intellectual Property
9.1 You acknowledge that all content on the Site is subject to copyright and possibly other Intellectual Property Rights.
9.2 You must:
- Not yourself, or participate in or permit any other person to sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, transmit, repost or otherwise use any of the Content in any way for any public or commercial purpose without Our prior written consent;
- Not reverse engineer any Content consisting of software; or
- Not infringe the Intellectual Property Rights of any person in using the Site or any Content.
9.3 Nothing You do on or in relation to the Site will transfer any Intellectual Property Rights to You, or license You to exercise any Intellectual Property Rights, unless this is expressly stated.
9.4 You may download and display copyright material from the Site only for private purposes.
9.5 For reproduction or use of Our copyright material beyond private purposes, permission must be sought directly from Easy Living Samui Co., Ltd. If permission is given, it will be subject to the requirement that Our name and interest in the material be acknowledged when the material is reproduced or quoted, in whole or in part.
10. External Links and Advertisements
10.1 We are not responsible for third party sites that link to Us. We have not reviewed these sites and do not endorse their content or their accuracy.
10.2 The links to external sites from our Site are provided only as a convenience to You. The presence of these links on our Site does not represent sponsorship, approval, endorsement or recommendation by:
- Easy Living Co., Ltd. of those external sites, or
- Those external sites of Easy Living Samui Co., Ltd. or our Site.
10.3 Your dealings with advertisers on the Site are solely between You and the advertiser. We will not be liable or responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of the advertisements on the Site.
11. General
11.1 All monetary amounts displayed are in Thai Baht, unless specified otherwise.
11.2 A notice must be sent by email, post or facsimile to Your last known address.
11.3 No delay or failure by Us to enforce any provision of the contract will be deemed a waiver or create a precedent or will prejudice Our rights.
11.4 If any Term or Condition detailed in this document is, or may become for any reason, invalid or unenforceable by law, the validity and enforceability of the remaining Terms and Conditions will not be affected.
12. Contact Information
12.1 If You have any questions in relation to this Privacy Policy or other matters in relation to the Site, please do not hesitate to contact Us.
