Terms and Conditions (Last Updated - September 26th 2006)

 1.  Introduction

1.1  1Rai.com, its sub domains and other sites (“the Sites”, “Our Sites”) and the Online Listing Manager (“the Service”) are products of 5Phase Asia Pacific Co., Ltd. (“We”, “Our”, “Us”).  This document details the terms and conditions, that apply to all users (“You”, “Your”) of the Sites and the Service.

2.  Notification of Policy Changes

2.1  We may from time to time make changes to the Terms and Conditions. When We do, We will amend the "Last Updated" date displayed at the top of this page.  We encourage You to regularly review this policy so that You are aware of any changes. 

3.  Acceptance of Terms and Conditions

3.1  Your access to the Service is conditional upon Your acceptance and compliance with the Terms and Conditions.  Our receipt of Your Online Registration Form will constitute Your acceptance of the Terms and Conditions and other policies posted on the Sites.  Please read the Terms and Conditions along with any other documentation provided to You before registering.

4.  Your Obligations

4.1 You must only list properties that are located within the Province(s) permitted by Your subscription.

4.2  You must only list properties that are currently available for sale, lease or rent.

4.3  Within 72 hours of a sale, leasing or renting contract being entered into for a property, You must mark the property listing displayed on the Sites accordingly.

4.4  All material submitted using the Service must relate to the properties being listed by You.  Any other material must first be submitted to Us for approval.

4.5  You must ensure that anyone accessing the Service under Your subscription complies with the Terms and Conditions.

4.6  Your use of the service does not produce material that is illegal, misleading or for improper purpose that may expose Us to any liability or legal proceedings.

4.7  Ensure that You do not make, arrange or authorise the insertion of any reference to Us or Our Sites in any document (including promotional or merchandising material) or on any Web site other than Our Sites without Our written permission.

4.8  Abide by any applicable code of practice.

4.9  You must not transfer, assign, sell, or give Your subscription to another party without our written consent.

4.10  You must not allow another real estate agent or individual, that would otherwise subscribe to the Service, access to the Service using Your subscription.

You acknowledge the following:

4.11  You have read and agree to abide by the policies posted on the Sites, including this document, Privacy Policy, Acceptable Use Policy, Service Level Agreement and Copyright notices.

4.12  You are authorised to submit to and generate information using the Service.

4.13  You are authorised to submit property to the Service on behalf of the owner.

4.14  All property information submitted by You using the Service is for public viewing.  By using the Service, You grant Us an irrevocable, world-wide, royalty free licence to commercialise, copy, license to other persons, use and adapt for any purpose any material You generate or submit using the Service.

4.15  We do not have to monitor or censor the content on the Sites, or material uploaded to or generated by the Service.  However, We reserve the right to do so.

4.16  We are not responsible for the content of the material You generate using the Service.

4.17  Systems or technological failure may hinder or prevent access to all or any part of the Sites and the Service.

4.18  Transmission of data over the Internet can be subject to errors and delays.

4.19  You are responsible for any telecommunications and Internet access charges incurred in Your use of the Sites and the Service.

4.20  You are responsible for all use of the Sites and the Service under Your subscription.

4.21  You are responsible for the security and integrity of Your data.

4.22  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. 

4.23  You access and use the Sites and the Service at Your own risk.

4.24  Any information on the Sites or the Service should not be regarded as a substitute for professional legal, financial or real estate advice.

5.  Access and Presentation of the Sites

5.1  You acknowledge that We may at any time:

·         Make changes to any part of the Sites or the Service, and

·         Discontinue any part of the Sites or the Service.

5.2  We may, without notice, deactivate all or part of the Sites or the Service to carry out system maintenance, upgrading, testing or repairs.

6.  Term of Subscription

6.1  Subscription to the Service is for twelve (12) months.

6.2  These Terms and Conditions as well as other policies posted on the Sites, are applicable throughout the term of Your subscription.

6.3  These Terms and Conditions as well as other policies posted on the Sites, are applicable throughout any free trial period offered by Us.

7.  Suspension or Termination of Service

7.1  We may terminate Your subscription at any time for any reason provided that 7 days written notice has been provided to You.  If You continue to use the Service after the termination You will be liable for all costs incurred by You.

7.2  We may at any time suspend Your subscription, temporarily remove information You submitted using the Service, or terminate Your subscription if:

·         You do not pay any fees due to Us by the due date

·         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

·         You enter into bankruptcy, liquidation, administration, receivership, a composition of arrangement with Your creditors, or appoint a receiver or manager over all or any part of Your assets or become or are deemed to become insolvent

·         You die, or if You are in a partnership, are dissolved or an application to dissolve is filed, or if You are a company, are wound up or an application for winding up is filed

7.3  All outstanding amounts must be paid to Us within 7 days of termination of Your subscription.

7.4  You acknowledge and agree that termination of Your subscription does not relieve You of Your obligations and liabilities in relation to Your subscription and We reserve Our right to enforce such obligations and liabilities in any event.

8.  Services

8.1  Any changes or additions requested to a subscription require Our written consent.

8.2  We reserve the right to change the terms and conditions of Your agreement with Us, including package components and fees, at any time.  We will notify You of any changes to Our fees or package components.  Your acceptance of the changes is indicated once We receive Your payment following the notice. 

9.  Limitation of Liability and Indemnity

9.1  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).

·         Limit Our liability for breach of any condition or warranty that We cannot exclude to the greater of (at Our option):

o        resupplying the Service or

o        paying the cost of having the Service resupplied.

·         Limit Our liability in respect of any other claim to the amount paid to Us by You for Your subscription to the Service.

9.2  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 Service or the Sites, or by Your reliance on any content or any other information available from or through the Sites and the Service.

·         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 Sites.

9.3  You indemnify 5Phase Asia Pacific 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 Service or the Sites by You or anyone else using Your subscription.

10.  Copyright and Other Intellectual Property

10.1  You acknowledge that all content on the Sites and the Service is subject to copyright and possibly other Intellectual Property Rights.

10.2  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 Sites, the Services or any Content.

10.3 Nothing You do on or in relation to the Sites will transfer any Intellectual Property Rights to You, or license You to exercise any Intellectual Property Rights, unless this is expressly stated.

10.4 You may download and display copyright material from the Sites and the Service only for private purposes.

10.5  For reproduction or use of Our copyright material beyond private purposes, permission must be sought directly from 5Phase Asia Pacific 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.

11.  External Links and Advertisements

11.1  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.

11.2  The links to external sites from Our Sites are provided only as a convenience to You.  The presence of these links on Our Sites does not represent sponsorship, approval, endorsement or recommendation by:

·         5Phase Asia Pacific Co., Ltd. of those external sites, or

·         Those external sites of 5Phase Asia Pacific Co., Ltd. or Our Sites or the Service.

11.3  Your dealings with advertisers on the Sites 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 Sites.

12.  General

12.1  All monetary amounts displayed are in Thai Baht, unless specified otherwise.

12.2  A notice must be sent by email, post or facsimile to Your last known address.

12.3  No delay or failure by Us to enforce any provision of this document will be deemed a waiver or create a precedent or will prejudice Our rights.

12.4  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.

12.5  You agree that Your subscription and all related policies may be assigned by Us, in Our sole discretion, to a third party in the event of a merger or acquisition or any other event.

13.  Contact Information

13.1  If You have any questions in relation to this policy or other matters in relation to the Sites or the Service, please do not hesitate to contact Us.