Terms and Conditions
These terms and conditions, the "Agreement"
apply to Hello Checkinn, the "Service" offered by hellocheckinn.com, the "Company".
By using any Service, you the “Customer” acknowledge that you have read and agree
to this Agreement.
1. ACCESS TO SERVICE.
Access to the Service is granted only to the
Customer providing the Customer agrees not to use the Service for any improper or
unlawful purpose or to create for the purpose of, or in a manner that transmits,
publishes or communicates material which is defamatory, offensive, abusive, indecent,
discriminatory, menacing, unwanted, in breach of confidence, illegal.
2. YOUR ACCOUNT.
You are responsible for maintaining the confidentiality
of any account information, including your login and password, and for restricting
access to your computer, and you agree to accept responsibility for all activities
that occur under your account or password. Company reserves the right to refuse
service, terminate accounts, remove or edit content in its sole discretion. You
are also solely responsible for the accuracy and currency of the data entered into
the Service under your user account. You agree to indemnify and hold Company harmless
from and against any claim related to content, accuracy, or currency of the information
you provide through the Services.
3. BILLING.
Fees for the use of the Service are
payable monthly on the due date each month and may be paid via PayPal
or Bank Transfer.
4. LINKS.
Company may provide links to other websites or resources.
Because Company has no control over such sites and resources, you acknowledge and
agree that Company is not responsible for the availability or content of such external
sites or resources. You may create a link to the Website so long as the link does
not portray Company or its products or services in a false, misleading, derogatory,
otherwise offensive manner.
5. WARRANTY.
Company warrants that the Service and all elements
thereof do not infringe the intellectual property rights of any third party and
agree to hold you harmless and indemnify you with respect to any final judgment
obtained by a third party based on a claim that the Services infringe on the intellectual
property rights of such third party.
6. LIMITATION ON LIABILITY. IN NO EVENT
WILL COMPANY, ITS SUPPLIERS, SHAREHOLDERS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE
FOR ANY LOST PROFITS, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES,
INCLUDING DAMAGES ARISING OUT OF THIS AGREEMENT OR THE USE OF OR RELIANCE UPON THE
SERVICES OR PRODUCTS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES WILL COMPANY’S TOTAL LIABILITY OF ANY KIND ARISING OUT OF
OR RELATED TO THIS AGREEMENT AND USE OF THE SERVICES (INCLUDING BUT NOT LIMITED
TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION
OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU
DURING THE 12-MONTH PERIOD PRIOR TO SUCH CLAIM ARISING. THE PARTIES AGREE THAT THIS
SECTION SHALL SURVIVE AND CONTINUE IN FULL FORCE AND EFFECT DESPITE ANY FAILURE
OF CONSIDERATION OR OF AN EXCLUSIVE REMEDY. THE PARTIES ACKNOWLEDGE THAT THE PRICES
HAVE BEEN SET AND THE AGREEMENT ENTERED INTO IN RELIANCE UPON THESE LIMITATIONS
OF LIABILITY AND THAT ALL SUCH LIMITATIONS FORM AN ESSENTIAL BASIS OF THE BARGAIN
BETWEEN THE PARTIES. BECAUSE SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION
OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SUCH LIMITATIONS MAY NOT APPLY.
7. GOVERNING LAW AND JURISDICTION. This Agreement
shall be governed by the laws of Thailand.
8. ENTIRE AGREEMENT; AMENDMENT. This
Agreement is the whole agreement between the parties and supersedes all oral and
written communications by or on behalf of any of the parties in relation to the
subject matter of this Agreement.