Terms of Service - Bangkok Through My Eyes
These Terms of Service ("Terms") constitute a legally binding agreement between you ("you", "your", or "User") and "Bangkok Through My Eyes", the trading name under which Jeff Berish, an independent sole trader, operates the website located at bangkoktme.com ("we", "us", "our", or the "Operator"). These Terms govern your access to and use of the website, its content, features, services, accounts, and any paid memberships (collectively, the "Service").
PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT PROVISIONS INCLUDING A DISCLAIMER OF WARRANTIES, A LIMITATION OF LIABILITY, AN INDEMNIFICATION OBLIGATION, AND A BINDING ARBITRATION CLAUSE WITH A CLASS-ACTION WAIVER (SECTION 18) THAT AFFECT YOUR LEGAL RIGHTS.
1. Acceptance of These Terms
1.1 By accessing, browsing, registering for, or otherwise using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Service.
1.2 We may require you to affirmatively accept these Terms (for example, by clicking "I agree", creating an account, or completing a purchase). Where such affirmative acceptance is requested, your action constitutes your electronic signature and your agreement to be bound.
1.3 Your continued use of the Service following any modification of these Terms constitutes your acceptance of the modified Terms, as further described in Section 21.
2. Eligibility
2.1 The Service is intended solely for Users who are at least eighteen (18) years of age, or the age of majority in their jurisdiction of residence if higher. By using the Service, you represent and warrant that you meet this age requirement and that you have the legal capacity to enter into a binding contract.
2.2 If you are using the Service on behalf of an entity, organization, or other legal person, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" and "your" shall refer to that entity.
2.3 You represent and warrant that you are not barred from receiving the Service under the laws of Thailand, your country of residence, or any other applicable jurisdiction, and that you are not located in, under the control of, or a national or resident of any country or person subject to applicable sanctions or export restrictions.
3. Description of the Service
3.1 The Service is a personal, independent, editorially driven guide to Bangkok, Thailand. It may include, without limitation: honest first-hand restaurant and place reviews; ratings; recommended dishes; an interactive map; a Thai phrasebook; daily local news and articles; user accounts; the ability to save favorites and build a personal itinerary ("My Trip"); community reviews and other user-generated content; and optional paid memberships.
3.2 The reviews, ratings, recommendations, opinions, and editorial content presented on the Service reflect the subjective personal views and experiences of the Operator (or, in the case of user-generated content, of the contributing User) at a particular point in time. They are provided for general informational and entertainment purposes only.
3.3 We may, at any time and without notice or liability, add, modify, suspend, or discontinue any aspect of the Service, including any feature, content, or functionality, in whole or in part.
4. Informational Purposes Only; No Professional Advice
4.1 THE SERVICE AND ALL CONTENT MADE AVAILABLE THROUGH IT ARE PROVIDED FOR GENERAL INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. THE CONTENT DOES NOT CONSTITUTE, AND MUST NOT BE RELIED UPON AS, PROFESSIONAL, TRAVEL, MEDICAL, DIETARY, ALLERGEN, HEALTH, SAFETY, SECURITY, LEGAL, IMMIGRATION, TAX, FINANCIAL, INVESTMENT, OR ANY OTHER FORM OF PROFESSIONAL ADVICE.
4.2 Travel involves inherent risks. Information regarding venues, prices, opening hours, menus, dishes, ingredients, allergens, transportation, neighborhoods, safety conditions, public health, local laws, customs, and events may be incomplete, inaccurate, out of date, or inapplicable to your circumstances, and may change without notice. You are solely responsible for independently verifying any information before relying on it, and for consulting qualified professionals (including medical, legal, financial, and licensed travel professionals) and official government and health authority sources as appropriate to your situation.
4.3 You are solely responsible for your own decisions, travel arrangements, conduct, health, dietary restrictions and allergies, personal safety, and compliance with all applicable laws while traveling or otherwise acting on information obtained from the Service.
5. No Reliance; Accuracy
5.0 Automated software, not a human service. The tools on the Service, including the AI visa agent, the trip builder, the chat assistant and the information database, are automated software tools that return general information compiled from official and publicly available sources. The Service does not constitute legal advice, immigration advice, or an individualised human advisory service, and no lawyer-client, agent-client or other professional relationship is created by using it. No human review of your particular circumstances is performed unless you separately purchase a consultation. Final decisions, the accuracy of your own inputs, and the filing of any documents remain solely your responsibility.
5.1 While we endeavor to present content honestly and in good faith, we make no representation, warranty, or guarantee that any content is accurate, complete, reliable, current, or error-free. Any reliance you place on such content is strictly at your own risk.
5.2 Ratings, "recommended" designations, and similar editorial signals are inherently subjective and are not a guarantee of quality, suitability, availability, safety, or fitness for any purpose. Third-party venues, products, and services are independent of us, and their offerings, standards, and conduct are outside our control.
6. Account Registration and Security
6.1 Certain features of the Service require you to register for an account. Account authentication is provided through a third-party identity and authentication provider. You agree to provide accurate, current, and complete information during registration and to keep that information updated.
6.2 You are solely responsible for safeguarding your account credentials and for all activities that occur under your account, whether or not authorized by you. You agree to use a strong, unique password and to notify us immediately at connect@bangkoktme.com of any unauthorized use of, or any breach of security relating to, your account.
6.3 You may not (a) share your account or credentials with any other person; (b) create an account using false information or on behalf of someone other than yourself without authorization; (c) maintain more than one account where doing so is intended to abuse the Service, evade restrictions, or circumvent payment; or (d) transfer or sell your account to any other party.
6.4 We reserve the right to disable, suspend, or terminate any account, reclaim any username, or refuse registration, at our sole discretion, including where we reasonably believe these Terms have been violated or where doing so is necessary to protect the Service or other Users.
7. Acceptable Use; Prohibited Conduct
7.1 You agree to use the Service only for lawful purposes and in accordance with these Terms. You shall not, and shall not permit or assist any third party to:
(a) violate any applicable local, national, or international law, regulation, or third-party right;
(b) access, use, copy, or harvest any portion of the Service or its content by means of any automated process, including any robot, spider, scraper, crawler, bot, data-mining tool, or similar method, except for the operation of generally available search engines in accordance with our published machine-readable instructions (e.g., robots.txt);
(c) use the Service, or any content obtained from it, to develop, train, fine-tune, evaluate, or improve any machine-learning model, large language model, dataset, or artificial-intelligence system, or for any text-and-data-mining purpose, except with our prior express written consent;
(d) reproduce, duplicate, copy, scrape, frame, mirror, sell, resell, license, sublicense, distribute, publicly display, or otherwise commercially exploit any part of the Service or its content except as expressly permitted by these Terms;
(e) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying ideas, or structure of any part of the Service, except to the limited extent such restriction is expressly prohibited by applicable law;
(f) circumvent, disable, defeat, or interfere with any security, paywall, access-control, rate-limiting, or technological protection measure of the Service;
(g) introduce any virus, malware, worm, trojan horse, or other harmful or malicious code, or otherwise attempt to gain unauthorized access to the Service, its servers, or any related systems or networks;
(h) interfere with, disrupt, overburden, or impair the integrity or performance of the Service or the infrastructure on which it operates, including by means of any denial-of-service attack;
(i) impersonate any person or entity, or misrepresent your affiliation with any person or entity;
(j) collect, harvest, or store personal data of other Users, or use the Service to send unsolicited communications, advertising, or spam;
(k) post, upload, or transmit any content that is unlawful, defamatory, libelous, fraudulent, deceptive, threatening, harassing, abusive, hateful, obscene, pornographic, or that infringes any intellectual property, privacy, or other right; or
(l) use the Service in any manner that could disable, damage, or impair the Service or interfere with any other party's use of it, or that is otherwise inconsistent with these Terms.
7.2 We reserve the right, but assume no obligation, to investigate and take any action we deem appropriate against any User who violates this Section, including removing content, suspending or terminating accounts, and reporting suspected unlawful activity to law-enforcement authorities.
8. User-Generated Content
8.1 Definition. The Service may permit you to submit, post, or transmit reviews, ratings, comments, photographs, text, itineraries, and other materials ("User Content"). You are solely responsible for your User Content and for the consequences of submitting it.
8.2 License grant. By submitting User Content to or through the Service, you grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid-up, transferable, and sublicensable (through multiple tiers) license to host, store, use, reproduce, modify, adapt, translate, create derivative works of, publish, publicly perform, publicly display, distribute, and otherwise exploit your User Content, in whole or in part, in any media or format now known or hereafter developed, in connection with the Service and the promotion, marketing, and operation of the Service and our business. This license continues even if you stop using the Service and survives termination, to the extent necessary for our continued operation, archival, legal, and backup purposes.
8.3 Moral rights. To the maximum extent permitted by applicable law, you waive, and agree not to assert against us or our sublicensees, any "moral rights" or analogous rights you may have in your User Content. Where such rights cannot be waived, you consent to our use of your User Content in any manner permitted under this Section.
8.4 Representations and warranties. You represent and warrant that: (a) you own or have all necessary rights, licenses, consents, and permissions to submit your User Content and to grant the license in Section 8.2; (b) your User Content, and our use of it as permitted by these Terms, does not and will not infringe, misappropriate, or violate any third party's intellectual property, privacy, publicity, or other rights, or any applicable law; (c) your User Content is accurate and not misleading, reflects your genuine honest opinion or experience where presented as such, and is not submitted in exchange for undisclosed compensation; and (d) your User Content does not contain any unlawful, defamatory, or otherwise prohibited material described in Section 7.
8.5 Moderation; no obligation to monitor. We reserve the right, in our sole discretion and without notice, to review, screen, refuse, edit, remove, disable access to, or delete any User Content at any time and for any reason, including User Content we believe violates these Terms or may expose us to liability. We do not, however, assume any obligation to monitor, review, or moderate User Content, and we do not endorse, and are not responsible or liable for, any User Content. You acknowledge that you may be exposed to User Content that you find inaccurate, offensive, or objectionable, and you agree that we shall not be liable for any such User Content.
8.6 Feedback. If you provide us with any suggestions, ideas, or feedback regarding the Service ("Feedback"), you grant us an unrestricted, perpetual, irrevocable, royalty-free right to use and exploit such Feedback for any purpose without any obligation or compensation to you.
9. Intellectual Property
9.1 The Service and all of its contents, features, and functionality — including all text, reviews, ratings, articles, news, photographs, images, illustrations, graphics, the Thai phrasebook, map compilations, audio, video, data compilations, software, code, design, "look and feel", layout, and the trademarks, service marks, trade names, logos, and brand elements (including "Bangkok Through My Eyes" and "bangkoktme.com") (collectively, the "Our Content") — are owned by us or our licensors and are protected by copyright, trademark, database, and other intellectual property laws of Thailand and other jurisdictions, as well as by international treaties.
9.2 Subject to your full compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service and to view Our Content for your own personal, non-commercial use. No other right or license is granted, whether by implication, estoppel, or otherwise.
9.3 Except as expressly permitted by this Section or by mandatory applicable law, you shall not copy, reproduce, distribute, republish, download, display, post, transmit, scrape, frame, mirror, sell, license, create derivative works from, or otherwise exploit Our Content, in whole or in part, in any form or by any means. The prohibitions in Section 7.1(b)–(d), including the prohibition on scraping and on use of Our Content for AI training or text-and-data mining, apply fully to Our Content.
9.4 All rights not expressly granted to you in these Terms are reserved by us and our licensors. Nothing in these Terms transfers to you any ownership of, or any right or interest in, Our Content.
9.5 Third-party names, marks, and logos appearing on the Service are the property of their respective owners and are used for identification and informational purposes only; their appearance does not imply any affiliation with or endorsement by those owners.
10. Copyright Complaints
10.1 We respect the intellectual property rights of others. If you believe that any content on the Service infringes a copyright you own or control, please send a written notice to connect@bangkoktme.com that includes: (a) identification of the copyrighted work claimed to have been infringed; (b) identification of the allegedly infringing material and information reasonably sufficient to locate it (e.g., a URL); (c) your contact information; (d) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; (e) a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on its behalf; and (f) your physical or electronic signature.
10.2 We may, in appropriate circumstances and at our discretion, remove or disable access to allegedly infringing material and terminate the accounts of Users who are repeat infringers.
11. Third-Party Links, Services, and Affiliate Links
11.1 The Service may contain links to, integrations with, or references to third-party websites, applications, products, services, advertisers, and resources, including outbound order, booking, and affiliate links (for example, to ride-hailing, food-ordering, or reservation providers such as Grab) (collectively, "Third-Party Services"). Third-Party Services are provided solely for your convenience.
11.2 We do not control, operate, endorse, or assume any responsibility for any Third-Party Services, including their content, accuracy, availability, products, services, privacy or data practices, pricing, or terms. Your access to and use of any Third-Party Service is at your own risk and is governed by the terms and policies of that third party, not by these Terms.
11.3 We may receive a commission, referral fee, or other compensation when you click certain links or complete a transaction with a Third-Party Service. This does not affect the price you pay and does not alter our editorial independence; however, you acknowledge that such commercial relationships may exist.
11.4 We are not a party to, and disclaim all liability arising out of or relating to, any transaction, interaction, or dispute between you and any Third-Party Service. Any claims relating to a Third-Party Service must be directed to that third party.
12. Paid Memberships and Billing
Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.
12.1 Merchant of Record. Certain features of the Service may be offered on a paid subscription or membership basis ("Paid Membership"). Payments for Paid Memberships are processed by Paddle.com ("Paddle"), which acts as the Merchant of Record and the authorized reseller for the Paid Membership. Your purchase is therefore also subject to Paddle's buyer terms and checkout terms, and Paddle (not the Operator) is the seller of record for purposes of your payment.
12.2 No card data stored by us. We do not collect, process, or store your full payment card or bank account details. Such information is handled directly by Paddle and its payment processors in accordance with their terms and applicable payment-card security standards.
12.3 Fees and currency. Fees for Paid Memberships, including any applicable currency and conversion, are described at the point of purchase. You agree to pay all fees and charges associated with your Paid Membership at the prices then in effect.
12.4 Automatic renewal. UNLESS OTHERWISE STATED AT THE POINT OF PURCHASE, PAID MEMBERSHIPS ARE OFFERED ON A RECURRING, AUTOMATICALLY RENEWING BASIS. YOUR PAID MEMBERSHIP WILL AUTOMATICALLY RENEW AT THE END OF EACH BILLING PERIOD (e.g., monthly or annually), AND THE APPLICABLE FEE WILL BE CHARGED THROUGH PADDLE TO YOUR DESIGNATED PAYMENT METHOD, UNTIL YOU CANCEL. By purchasing a Paid Membership, you authorize such recurring charges.
12.5 Cancellation. You may cancel automatic renewal at any time through the account or billing-management mechanism made available to you (including via Paddle), in which case your Paid Membership will remain active until the end of the then-current billing period and will not renew thereafter. Cancellation does not entitle you to a refund except as provided in our Refund Policy or as required by applicable law.
12.6 Price changes. We may change the fees for Paid Memberships from time to time. We (or Paddle on our behalf) will provide you with reasonable advance notice of any price change in accordance with applicable law. Price changes take effect at the start of the next billing period following the notice. If you do not agree to a price change, you may cancel before it takes effect; your continued use of the Paid Membership after the change takes effect constitutes your acceptance of the new price.
12.7 Taxes. Fees may be exclusive or inclusive of applicable taxes (such as VAT, GST, or sales tax) depending on your location and applicable law. Where Paddle, as Merchant of Record, is required to collect and remit such taxes, the applicable tax will be calculated and displayed at checkout and added to or included in the amount you are charged. You are responsible for any taxes applicable to your purchase that are not collected by Paddle.
12.8 Refunds. Refunds, where available, are governed by our Refund Policy located at /refund, which is incorporated into these Terms by reference, and by any mandatory consumer-protection rights you may have under applicable law. Please review the Refund Policy carefully before purchasing.
12.9 Failed payments; downgrade. If a charge cannot be processed (for example, due to an expired or declined payment method), we or Paddle may retry the charge and/or suspend, downgrade, or terminate your access to paid features. You remain responsible for any amounts that fall due prior to suspension or termination.
13. Beta and Optional Features
The Service may include features that are identified as beta, experimental, preview, or otherwise not generally available. Such features are provided "AS IS" and "AS AVAILABLE", may be incomplete or unstable, and may be changed or withdrawn at any time. Your use of such features is at your own risk.
14. Privacy
Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and protect personal data and is incorporated into these Terms by reference. By using the Service, you acknowledge that you have read and understood the Privacy Policy.
15. Disclaimer of Warranties
15.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, OUR CONTENT, USER CONTENT, AND ALL OTHER MATERIALS, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.
15.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, ON OUR OWN BEHALF AND ON BEHALF OF OUR LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
15.3 WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT: (a) THE SERVICE OR ANY CONTENT WILL BE ACCURATE, RELIABLE, COMPLETE, CURRENT, OR ERROR-FREE; (b) THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (d) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (e) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
15.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
15.5 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF STATUTORY CONSUMER RIGHTS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT CASE, SUCH EXCLUSIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND NOTHING IN THESE TERMS LIMITS ANY NON-WAIVABLE STATUTORY RIGHTS YOU MAY HAVE AS A CONSUMER.
16. Limitation of Liability
16.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE OPERATOR, OR ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS, OPPORTUNITY, OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
16.2 WITHOUT LIMITING THE FOREGOING, WE SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSS, ILLNESS, INJURY, OR HARM OF ANY KIND ARISING OUT OF OR RELATING TO: (a) YOUR RELIANCE ON ANY CONTENT, INCLUDING ANY REVIEW, RATING, RECOMMENDATION, PRICE, OPENING HOUR, MENU, DISH, ALLERGEN, OR SAFETY INFORMATION; (b) ANY TRAVEL, DINING, TRANSPORTATION, OR OTHER DECISION OR ACTIVITY YOU UNDERTAKE; (c) ANY USER CONTENT OR ANY CONDUCT OF ANY USER OR THIRD PARTY; OR (d) ANY THIRD-PARTY SERVICE.
16.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, SHALL NOT EXCEED THE GREATER OF (a) THE TOTAL AMOUNTS YOU ACTUALLY PAID TO US (OR TO PADDLE FOR A PAID MEMBERSHIP RESOLD ON OUR BEHALF) FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (b) ONE HUNDRED UNITED STATES DOLLARS (USD 100).
16.4 THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR FOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU; IN SUCH CASE OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
16.5 You acknowledge that the disclaimers and limitations in Sections 15 and 16 are an essential basis of the bargain between you and us, and that we would not provide the Service on an economically reasonable basis without them.
17. Indemnification
17.1 To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Operator and its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, and representatives (collectively, the "Indemnified Parties"), from and against any and all claims, demands, actions, proceedings, liabilities, damages, losses, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and legal costs) arising out of or relating to: (a) your access to or use of the Service; (b) your User Content; (c) your violation of these Terms; (d) your violation of any applicable law or any right of any third party; or (e) any dispute between you and any other User or any third party (including any Third-Party Service).
17.2 We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with us in asserting any available defenses. You shall not settle any matter affecting the Indemnified Parties without our prior written consent. This Section survives termination of these Terms.
18. Governing Law and Dispute Resolution
18.1 Governing law. These Terms and any dispute or claim arising out of or in connection with them, their subject matter, or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Kingdom of Thailand, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
18.2 Informal resolution first. Before commencing any formal dispute-resolution proceeding, you agree to first contact us at connect@bangkoktme.com and attempt to resolve the dispute informally in good faith for a period of at least thirty (30) days from the date of written notice describing the dispute.
18.3 Binding arbitration. Except as set out in Sections 18.6 and 18.7, any dispute, controversy, or claim arising out of or relating to these Terms or the Service that is not resolved informally shall be finally resolved by binding arbitration administered on an individual basis. The arbitration shall be conducted by a single arbitrator, seated in Bangkok, Thailand, in the English language, and the arbitrator's award shall be final and binding and may be entered in any court of competent jurisdiction. Each party shall bear its own costs except as the arbitrator may otherwise allocate in the award.
18.4 CLASS-ACTION AND COLLECTIVE-RELIEF WAIVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF MORE THAN ONE PERSON AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
18.5 Preservation of mandatory consumer rights. NOTHING IN THIS SECTION 18 DEPRIVES YOU OF, OR REQUIRES YOU TO WAIVE, ANY MANDATORY RIGHT YOU MAY HAVE UNDER THE CONSUMER-PROTECTION OR OTHER NON-WAIVABLE LAWS OF YOUR COUNTRY OR PLACE OF RESIDENCE. If you are a consumer resident in a jurisdiction (such as the European Union, the United Kingdom, or elsewhere) whose mandatory law (a) prohibits a pre-dispute agreement to arbitrate, (b) prohibits a class-action or collective-relief waiver, (c) guarantees you the protection of the mandatory provisions of your local law, or (d) entitles you to bring proceedings in the courts of your place of residence, then to that extent the arbitration agreement and class-action waiver in Sections 18.3 and 18.4 do not apply to you, and any dispute may instead be resolved by the competent courts of your place of residence under the mandatory law applicable to you. Consumers in the European Union may also access the European Commission's Online Dispute Resolution platform.
18.6 Small-claims and injunctive relief. Either party may bring an individual action in a small-claims court for disputes within that court's jurisdiction. Notwithstanding the agreement to arbitrate, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its intellectual-property rights or to enforce Sections 7 and 9.
18.7 Time limitation. To the maximum extent permitted by applicable law, any claim arising out of or relating to these Terms or the Service must be commenced within one (1) year after the cause of action accrues; otherwise, the claim is permanently barred. This limitation does not apply where prohibited by applicable law.
19. Suspension and Termination
19.1 We may, at our sole discretion and without prior notice or liability, suspend, restrict, or terminate your access to all or any part of the Service, disable or delete your account, and remove your User Content, for any reason or no reason, including if we reasonably believe that you have violated these Terms, that your conduct may harm us or other Users, or that such action is required by law.
19.2 You may stop using the Service and may close your account at any time. Termination of a Paid Membership is governed by Section 12.
19.3 Upon termination, all licenses and rights granted to you under these Terms immediately cease. Sections that by their nature should survive termination — including Sections 8.2–8.6, 9, 11, 15, 16, 17, 18, 19.3, 20, and 21 — shall survive.
20. General Provisions
20.1 Changes to the Service. We reserve the right to modify, suspend, or discontinue the Service, or any part of it, at any time and without liability, as described in Section 3.3.
20.2 Force majeure. We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, natural disasters, epidemics or pandemics, war, terrorism, civil unrest, governmental action, labor disputes, power or internet failures, or failures of third-party service providers.
20.3 Assignment. You may not assign or transfer these Terms, or any of your rights or obligations under them, without our prior written consent. We may freely assign or transfer these Terms, in whole or in part, including in connection with a merger, acquisition, reorganization, or sale of assets. These Terms bind and inure to the benefit of the parties and their permitted successors and assigns.
20.4 No waiver. Our failure to enforce any provision of these Terms shall not constitute a waiver of that or any other provision. Any waiver must be in writing to be effective.
20.5 Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions shall continue in full force and effect. Where the class-action waiver in Section 18.4 is found unenforceable as to a particular claim or remedy, that claim or remedy shall be severed and adjudicated in a court of competent jurisdiction, while the remainder of Section 18 continues to apply.
20.6 No agency. Nothing in these Terms creates any agency, partnership, joint venture, employment, or fiduciary relationship between you and us.
20.7 No third-party beneficiaries. Except for the Indemnified Parties (with respect to Section 17) and our affiliates, licensors, and service providers (with respect to Sections 15 and 16), these Terms do not confer any rights on any third party.
20.8 Notices. We may provide notices to you by email, by posting on the Service, or by other reasonable means. You may provide notices to us at connect@bangkoktme.com. For billing matters, you may also contact billing@bangkoktme.com; for partnership matters, partnerships@bangkoktme.com.
20.9 Language. These Terms are drafted in the English language, which is the authoritative and controlling version. Any translation is provided for convenience only; in the event of any conflict, the English version prevails.
20.10 Entire agreement. These Terms, together with the Privacy Policy, the Refund Policy, and any additional terms applicable to specific features or purchases (including Paddle's buyer terms), constitute the entire agreement between you and us regarding the Service and supersede all prior or contemporaneous understandings, communications, and agreements, whether oral or written, relating to its subject matter.
21. Changes to These Terms
21.1 We may revise these Terms from time to time at our sole discretion. When we make changes, we will update the "Last updated" date at the top of these Terms and, where the changes are material, we will take reasonable steps to notify you (for example, by posting a notice on the Service or by email).
21.2 The revised Terms become effective when posted, unless a later effective date is stated. Your continued access to or use of the Service after the revised Terms take effect constitutes your acceptance of them. If you do not agree to the revised Terms, you must stop using the Service.
22. Business Information and Contact
22.1 Business details.
- Trading name: Bangkok Through My Eyes
- Business type: Independent sole trader (sole proprietor)
- Website: https://bangkoktme.com
- Contact email: connect@bangkoktme.com
- Support telephone: +66 83 246 5737
22.2 Merchant of Record. Paddle (paddle.com) acts as the Merchant of Record and authorised reseller for all paid memberships sold through this website. Paddle handles payment processing, billing, invoices and receipts, applicable sales taxes and VAT, and refunds. Your purchase of a paid membership is therefore a transaction with Paddle, and Paddle’s buyer terms apply in addition to these Terms.
22.3 Contact. If you have any questions about these Terms, please contact us:
- General: connect@bangkoktme.com
- Support telephone: +66 83 246 5737
- Billing: billing@bangkoktme.com
- Partnerships: partnerships@bangkoktme.com
We aim to respond to all enquiries within two (2) business days.