TERMS AND CONDITIONS
Terms of website use
These terms of use tells you the terms on which registered property sellers may make use of our website www.elephantbricks.com (Our Site) Use of our site includes accessing, browsing, registering to use our site or uploading content to our site in relation to you and your property, including advertising a property for sale.
Please read these terms of use carefully before you start to use Our Site. By using Our Site, you confirm that you accept these terms of use and that you agree to comply with them.
Information about us
www.elephantbricks.com is a trading name of (The Secret Company) registered in Thailand under agency number 7700358000311 and the trading address is Soi 94 Hua Hin Prachaup Khiri Khan Thailand 77110
Changes to our site and these terms
The content on and functionality of Our Site may change from time to time. We may also revise these terms of use at any time by amending this page, and are likely to do so when functionality changes.
Please check this page from time to time to take notice of any changes we made, as they are binding on you if you continue to use Our Site.
Any of the content on Our Site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that Our Site, or any content on it, will be free from errors or omissions.
Accessing our site
We do not guarantee that Our Site, or any content on it, will always be available or be uninterrupted. We may occasionally need to interrupt access from time to time to support developments or improvements to Our Site. When it is available you may access it pursuant to these terms. We may suspend, withdraw, discontinue, change or restrict your ability to use all or any part of Our Site without notice. We will not be liable to you if for any reason Our Site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to Our Site, such as broadband or mobile internet access and a suitable web browser.
You are also responsible for ensuring that all persons to whom you provide access to Our Site are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
You are responsible for configuring your information technology, computer programmes and platform in order to access Our Site. You should use your own virus protection software.
Your account and password
You must treat your user name, password or any other piece of information as part of our security procedures, as confidential. You must not disclose it to any third party. You are responsible for all activities which occur using this account. If you have reason to believe that your password has become known to anyone else, or is likely to be used in an unauthorised manner, you should notify us immediately.
3×3 and no fee service
Under this service we provide in assisting and enabling you to advertise your property for sale yourself, we are not providing a full traditional estate agency service. We will be responsible for advertising your property on Our Site, and on other such websites and by other advertising and marketing channels. For this service the price is 3,000 Baht for a 3 month period starting from the paid date. At the end of the 3 months period we will send you an invoice for 1,000 Baht to reoccur on a monthly basis, or until you wish to cancel the service by informing us.
You acknowledge that we will not be involved in any negotiations between you and any prospective buyer, the sale of your property or the creation of any contract. Our role will be limited to providing a platform (through Our Site) whereby messages and notifications can be sent between you and any prospective purchaser.
Property description provided by you
You acknowledge that you are responsible for preparing your own description of any property that you list on Our Site (including any photographs, floor plans, measurements, address details etc.) (“Property Description”). In preparing this Property Description you agree to abide by the terms of this paragraph, in addition to and in conjunction with the standards set out above.
Where you upload all or part of a Property Description to Our Site or modify a previously uploaded Property Description you acknowledge that you are responsible for the accuracy of that content and in particular you agree not to upload, omit to upload, or modify any details which may result in a prospective purchaser being misled in relation to the advertised property. You are also responsible for updating the Property Description should any of the details change or you become aware of any error or omission that requires correction.
You agree that if we become aware of any inaccuracy or omission in a Property Description which we determine (at our sole discretion) may have the potential to mislead a prospective purchaser, we have the right to take any such action that we see fit to minimise any potential liability or reputational damage to us. Such action may include (but is not limited to) temporarily removing a Property Description while we ask you to amend it, disabling your account, removing any contributions you have made to Our Site and/or informing any potentially affected parties.
We accept no liability for the content of your Property Description for both 3×3 and no fee and the full managed service.You acknowledge that you understand that your Property Description will be published on Our Site. Our Site does not imply that we have verified it. You further acknowledge that nothing in these terms and conditions shall be taken to place any obligation on us to (or give rise to any implication or inference that we will) review, verify or amend your Property Description.
You agree to provide any information reasonably requested by us or any of our professional advisers relating to your Property Description.
You agree to indemnify us against all losses we suffer as a result of any inaccuracy or omission in your Property Description.
Uploading content to our site
Whenever you upload content to Our Site, or send messages using Our Site, you must comply with the content standards set below. These content standards apply to any and all material which you contribute to Our Site (“contributions”).
The standards apply to each part of any contribution as well as to its whole.
Contributions must:
Be accurate (where they state facts) and genuinely held (where they state opinions);
comply with applicable law in Thailand and in any country from which they are posted.
Contributions must not:
Contain any material which is defamatory of any person, obscene, hateful or inflammatory;
Promote sexually explicit material, violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age or any illegal activity;
Infringe any copyright, database right or trade mark of any other person;
Be likely to harass, upset, embarrass, alarm, annoy or deceive any person; be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person; and give the impression that they emanate from us, if this is not the case. You agree to indemnify us against all losses we suffer as a result of your contributions.
You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided.
You may well will be asked to upload a copy of your Identification Documents.
In order to comply with money laundering requirements. In certain circumstances You may well be asked to upload a copy of your Identification Documents.
You confirm that we may deal with any contributions you upload as set out below.
When you upload content to Our Site, you grant to us nonexclusive, royalty free and fully sub licensable and transferable rights to use, host, display to users of our website and modify such content, relating to you and your products, throughout the world. We may also include or feature these in any general or targeted marketing, include them within user guides and other “help” style videos and literature..
If you believe that any content on Our Site contains defamatory statement, or that your intellectual property rights are being infringed by an item or information on Our Site, please notify us.
Property inspection
Without prejudice, we reserve the rights if needed, to give prior notice to inspect the property you advertise for sale through Our Site. Such inspection may be carried out by us or our agents.
Fully Managed Service (No sale, No commission)
Our agreement is clear so you know what to expect from us, with no surprises or additional charges. For a home our commission charge is 5% of the selling price. Selling a business or land will vary, you will be provided with a written agreement of the charges during the first meeting with the agent. The service includes an Initial first visit to view and discuss your property. If you agree to proceed, a written description and photographs that accurately represent your property will be taken. Your property will be then posted on our website any other forms of marketing, such as targeted emails. Regular contact will be made to inform you of any interest, or to discuss if we need to amend our marketing details such as the price. All negotiations will be done by us or our agents, and you will be informed of all offers for you to make the decision. We will be by your side right through to the completion of the sale. If you require legal representation we can Introduce professional lawyers.
Where a Property Description has been provided by us you agree to inform us immediately if you notice that any part of the Property Description is or might be considered inaccurate or misleading or where you become aware that there are any errors or omissions in such a Property Description. You also agree to notify us immediately of any changes in facts or circumstances which may require a Property Description to be amended or updated.
Fees for use of this site may be due from property sellers, details of any fees, and when payments are to be made, will be made clear by a written agreement.
By completing your profile and requesting it is made live, you are agreeing to pay such fees.
Intellectual property rights
We are the owner of all intellectual property rights in Our Site, and in the material published on it. This includes user content. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
As a customer of ElephantBirck.com you may print off one copy, and may download extracts, of any page(s) from Our Site for your personal use and you may draw the attention of others to content posted on Our Site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Breach of terms and conditions
We have the right to disable your account or remove any contributions you have uploaded to Our Site should you:
Fail to comply with any of the provisions of these terms of use (including the content standards and Property Description requirements) set out above;
Print off, copy or download any part of Our Site in breach of these terms of use, your right to use Our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made;
Misuse Our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
Attempt to gain unauthorised access to Our Site, the server on which Our Site is stored or any server, computer or database connected to Our Site; or
Attack our Site via a denial of service attack or a distributed denial of service attack.
We may report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Our Site will cease immediately.
You acknowledge that you may not be entitled to a refund of any fees paid if we disable your account or remove or amend any contributions you have uploaded to Our site.
Warranties
In relation to the content that you post, or we post on your behalf on Our Site you warrant the following:
That you own or otherwise control all of the rights to the content and the property, business or land that you post. the information relating to both you and your property in relation to the sale of your property is accurate, free from material omissions and not misleading to the best of your knowledge; and you have complied with the standards as detailed in these terms and conditions.
Should you breach any of the above warranties or should a claim be brought against us in connection with content that you have uploaded to Our Site you will be liable to us and indemnify us against any losses we suffer in connection with them.
Limitation of liability.
We will not be liable to any user for: any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, Our Site; or reliance on any content displayed on Our Site; Loss of profits, sales, business, revenue, anticipated savings, business opportunity, goodwill or reputation; business interruption; or any indirect or consequential loss or damage. We will not be liable for any loss or damage caused by a virus, distributed denial of service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Our Site or to your downloading of any content on it, or on any website linked to it. We assume no responsibility for the content of websites linked on Our Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Links you create.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
We would ask that you do not establish a link to Our Site in any website that is not owned by you.
Our Site must not be framed on any other site and we would ask that you do not create a link to any part of Our Site other than the home page.
We reserve the right to withdraw linking permission without notice.
Links to others’ sites you create on Our Site:
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
The website to which you are linking must comply in all respects with the content standards set out in these terms and conditions.
Third parties
We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to Our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of Our Site.
Where Our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.
Notices
Any notice or other communication given to a party under or in connection with these terms shall be in writing, addressed to that party at its registered office (if it is a company) or its residential address (if it is an individual) or its principal place of business or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, or sent by pre-paid first class post or other next working day delivery service, commercial courier or e-mail.
A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 19.1; if sent by prepaid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by fax, one Business Day after transmission.
The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
Use of data
We gather and use personal data in numerous ways. Your continued use of this site evidences your consent to this. Please see our data processing policy for detail.
Applicable law
These terms of use, its subject matter and its formation (and any non contractual disputes or claims) are governed by law. We both agree to the exclusive jurisdiction of the courts.
