TheseTerms of Use ("Terms") set forth the rights and obligations of MaholloPlace Co., Ltd. ("we", "us" or "our") and you("you") regarding your use of our services on the website “maholloproperty.com.”Please read these Terms carefully before starting to use the Service. TheseTerms will govern your access to and use of the Service. Your agreement to thefollowing terms is required to use our services. If you do not accept theseterms, you will not beable to use our services.
Clause 1: General Provisions
1.1 This agreement sets forth the terms and conditionsrelated to the use of services and constitutes a binding agreement regardingthe use of the platform between the user and Mahollo Place Co., Ltd. A companyestablished and operating under the laws of Thailand. The head office islocated at 75/48 Ocean Tower 2, 24th Floor, Wattana Alley, Klong Toey NuaSub-district, Wattana District, Bangkok 10110. Users must comply with theseterms when using the platform.
1.2 The Personal Provisions (as defined in Clause 3) areincorporated herein by reference and are considered as a part of the serviceagreement. In the event of any conflict between these terms and the PersonalProvisions, the Personal Provisions shall prevail.
1.3 If a person is a member of an organization thatsubscribes to and uses the Services on behalf of the organization (including alegal entity), that person is deemed to have the authority to consent to thisAgreement and to comply with the Terms of Service with us on behalf of theorganization. In such case, the organization is regarded considered as a partyto the Service Agreement and shall comply with this Agreement (in this context,"you", "your" and "User" in this Agreement also referto the organization)
1.4 If you are under the age of 20. Before agreeing to this Agreement, you mustobtain the express consent of your parent or guardian who has the authority to providethe relevant legal consent to use the services on our Platform and enter into aservice agreement with us. You must not use the Services on the Platformwithout such consent before agreeing to enter into this Agreement, you aredeemed to have obtained the consent of the person authorized to give suchconsent.
1.5 You agree that we may require you to comply with certainconditions that we have set out for the use of the Services on our Platform, inwhole or in part.
Clause 2. Amend,Modifications, or Additions
2.1 We may amend, modify, or add to these terms and personalprovisions at our discretion as we deem appropriate.
2.2 In the event of any amendments, updates, or additions to this agreement, wewill notify you of the changes regarding the services on the platform byposting on our website or through other channels we deem appropriate.
2.3 Once we notify you of any amendments, updates,or additions to the Terms, if you continue to use the Services on our Platformor do not terminate the Terms of Use on our Platform within the specified timeperiod (if any), you shall be deemed to have accepted the amendment.
Clause3. Definitions
3.1 In these Terms of Use, the words, terms, and conditionshave the following meanings, unless otherwise provided herein:
(a) "Personal Provision" refers to the Terms, Application form, Contracts,and other documents that we publish or post, as agreed between you and us.
(b) "Intellectual Property Rights" refers to patent rights,Utility product rights, design rights, and trademark rights. (Including therights to translation and adaptation, and the original author's rights toprofit from derivative works). And any other intellectual property rights, bothdomestic and international, including the rights to register these rights.
(c) "List" and "Listing" refers to the placement of theProject and other necessary transaction information on the Service. And makingthe Project available for search by other users.
(d) "Listed Project" refers to the project that we have placed on theService
(e) "Personal Information" refers to the information that candirectly or indirectly identify a living person as defined in the Personal DataProtection Act of Thailand.
(f)"Price" refers to the price ofthe project registered for the transaction, as determined by the project ownerat the registration time.
g) "Project"refers to (i) businesses for sale, such as real estate-related businesses, suchas apartments or hotels, all of which are for sale, and (ii) properties forsale, rental, and other properties that are subject to transactions within theService.
(h) "Offeror" refers to a user who makes or intends to transact aproject registered through the Service
(l) "Project Owner" refers to a user who is authorized to list up aproject and intends to transact in a project registered through the Service
(j) "Transaction" refers to (i) a sale and purchase transaction, and(ii) a rental transaction of aregistered project to be entered into through the Service between users.
(k) "Transaction agreement" refers to an agreementin each transaction related to a registered project by and between the projectowner and the Offeror through the Service.
(l) "User" refers to a person or legal entitywho agrees to these terms or engages in service agreements with us.
Clause 4. Userinformation
We will handlepersonal data and other information that you provide, or we gather information When you use the Services in accordance with the terms of the Privacy Policy, which we haveset off. We and you agree to comply with the terms of the aforementionedPrivacy Policy. [RC1] Could you please provide the hyperlink to the PrivacyPolicy page
Clause5. Our services
5.1 We provide real estate brokerage services andrelated support services. If you are interested in buying a property, need somehelp finding your ideal property, or want to sell a property, you can contactus directly.
5.2 You can explorea list of real estate properties available for sale by their owners on thiswebsite. If you find a property you're interested in and need more information,or wish to schedule a viewing appointment, please contact us directly using theinquiry form or the provided contact information.
5.3 Ourreal estate brokerage services encompass comprehensive support throughout theentire property transaction process. This includes property introduction,negotiation, asset inspection, contract signing, and payment processing, up tothe final transfer of rights and legal documentation at the Land Office. Wealso offer guidance on essential services, such as mortgage brokerage, repairand renovation, and construction contracting, if ongoing support from our companyis required. Details of such support, including fees, will be clearly outlinedin a separate agreement signed upon entering into the Real Estate Contract orin a newly drafted support agreement.
5.4 In providing our real estate rental brokerage services,we support throughoutthe entire process, from introducing the property, contract negotiation, and settlement totenant, through the facilitating move-in, if ongoing support from our company isrequired. Details of such support, including fees, will be clearly outlined ina separate agreement signed upon entering into the Real Estate Contract or in anewly drafted support agreement.
5.5 You acknowledge and agree that you will beresponsible for any and all actions, obligations, and liabilities fromany transactions you conduct through the Services.
Clause6. Listingsteps
6.1 We may generate and publish new listings and post them on the Services in accordance with theprocedures and separate guidelines as we set out ("OurGuidelines").
6.2 This listing is posted in full agreement with eachproject owner, and the listing may contain all or some of the followinginformation:- the listed price approved by the project owner
- preliminary property information from the project owner
- photos and videos assigned to us by the project owner
- property information discovered by our staff
- photos and videos taken at the actual location by our staff.
6.3 We have theright to review the projects listed and project information provided by theproject owner according to our standards. And to delete projects listed and/orproject information at our sole discretion, if we determine that the registeredproject or project information does not meet our standards. For example,projects listed and/or project information will be removed according to ourstandards unless agreed upon to repost the project.- An investment real estate project or a commercial rentalproperty.
Not updated within 3 months from the date of the last update
- Residential Project for sale
Not updated within 3 months from the date of the last update
- Residential Project for Rent
Not updated within 3 months from the date of the last update
6.4 If a project owner wishes to remove alisted project from our list, please provide prior notice of at least 10business days. We will then proceed to remove your project from our listings.
6.5 However, in Section 4, theproject owner agrees and acknowledges that we have the right to use the projectinformation specified for our other websites owned and controlled by us,without the need for prior consent, to enhance the more efficient sale and purchasingprocesses.
Clause7. Offering process
7.1 The Offeror may search for the registered projects onthe Services, and if the Offeror is interested in the Registered Projects,which are established by us. The Offeror may contact us through our inbox orour other communication channels
7.2 The Offeror shall verify the project informationand transaction terms to proceed independently.
Clause8. Transaction Agreement
8.1.Each transaction agreement willbecome effective upon the completion of the steps agreed upon by the ProjectOwner and the Offeror for the listed project transaction.
8.2 Upon thetransaction agreement taking effect as per the preceding paragraph, the projectowner and the Offeror shall individually comply with their own obligationsunder the Transaction Agreement at their own expense and responsibility.
8.3 In the event of any claims, problems, ordisputes arise related to the transaction, including but not limited tocancellation, termination of the transaction, refunds, or non-compliance withconditions. The project owner and the Offeror shall take action and resolvingthe matter through honest consultation. However, we may, at our sole discretion, butare not obligated, to participate in these consultations to help resolve thesituation.
Clause9. Commissions
9.1 You, the owner of the property that has entered into anagreement and completed a transaction with the offeror, purchaser, or lessee,shall pay the commission to us on various terms, including the amount, Paymentmethods, due dates, and other applicable terms and conditions as determined byus.
9.2 Wemay, in our sole discretion, make occasional changes to rates, commissionamounts, payment methods, and other related conditions. In the event of anysuch modifications, we will notify you in advance or publish the changesaccording to our established procedures.
9.3 If you do not make any payment by the due date, youshall be liable for interest charges to the fullest extent permitted byapplicable law, accruing at a rate of 5% per annum (365 days) from the dayfollowing the due date until the date of full payment. Additionally, you agreeto indemnify us for all costs and damages incurred, including billing costs,fees, and attorneys' fees.
9.4 All payments under this Agreement shall be paid in ThaiBaht.The project owner shall be responsible for relevant expenses, including but notlimited to relevant taxes, transfer fees, and currency conversion fees for eachtransaction.
9.5 Anypayments made to us are non-refundable under any circumstances.
Clause 10. Support Services
10.1 We provide the following support services("Support Services") in connection with the Services. If you wish touse one or more of our Support Services, you will be required to pay us a feefor the Support Services ("Support Services Fee") on a conditionalbasis, such as the amount, payment methods, due date, and other relevantconditions, specified in the Privacy Policy.
a) Real Estate Purchase Support: We willprovide this service to project owners and offerors to facilitate smooth transactionsto reduce real estate transaction difficulties.
b) Translation Support: We provide translation and interpretation services inEnglish or Japanese to facilitate transactions.
c) Documents Support: We will support the preparation of documents necessaryfor the transaction process, such as contracts, legal and official documents,etc.
(d) Communication Support: We will support communication between the projectowner and the Offeror for the purchase agreement
f) Mortgage support: We will help theofferor with the mortgage process.
g) support related to the property: If necessary, we may suggest the Company orthe services User, such as a renovation company to a person who wants topurchase.
10.2 Clauses 9.2, 9.3, and 9.4 shall apply to the payment of the SupportServices as prescribed.
Clause 11. Prohibited Actions
11.1 Whenusing the Services, you are not permitted to participate in the followingactions:
(a) Engage in actions that violate or are likely to violate applicable laws orregulations, judgments, rulings, orders, or enforced administrative measures.
(b) Actions that are or are likely to be contrary to public order and goodmorals.
(c) Actions that infringe or are likely to infringe upon intellectual propertyrights, Privacy rights, or other rights or interests of ours, other users, orthird parties.
(d) Actions that involve using, or causing third parties to use, the Servicesbeyond the scope permitted by these Terms.
(e) Reverse engineering, decompiling, disassembling, modifying, or altering theServices, attempting to decode the source code, or any other form of analysis.
(f) Actionsthat place an excessive burden on the network, servers, or systems related tothe Services.
(g) Unauthorized or inappropriate access to the service system, improperrewriting or deletion of data stored in our company, or any actions causing orlikely to cause or may cause damage to us.
(h) Creating projects for which you do not intend to conducttransactions within the service.
(i) Posting false, inaccurate, misleading, or excessivelyincorrect information as project data in the service.
(j) Posting photos unrelated to the listed project asproject information in the service.
(k) Proposing transactions for registered projects withoutintending to complete them.
(l) Defaulting on obligations or violating conditions setforth in the transaction agreement without prior consent from the other party.
(m) Providing benefits to criminal organizations, criminalenterprises, or members of such organizations through the service.
(n) Actions that are contrary to the purpose of these termsor the purpose of the service.
(o) Directly or indirectly causing, initiating, or facilitating any of theaforementioned actions.
(p) Any other actions that we deem inappropriate.
11.2 The Service is intended for those who wish to transact as their legaldepartment, and are prohibited from disclosing the project listings, or projectinformation that we post to your own clients for your own benefit (includingbut not limited to commissions), without being the legal party of thetransaction. If we find a user in breach of these Terms, we will charge you apenalty equivalent to the commission that will be incurred in accordance withour separately set forth commission schedule. And this provision does notprevent us from exercising any other rights to which we are entitled in theseTerms
Clause12. Amendments and Termination of Services
12.1Wereserve the right to modify, update, or add to the content of the Services atany time without prior notice
12.2 We may temporarily discontinue the Services, in whole or in part, withoutprior notice. If any of the following matter:
(a) routine or urgent maintenance or repair of hardware, software,communication equipment or other related equipment or systems in connectionwith the Services that we deem necessary;
(b) Systemdelays due to excessive access or unforeseen factors.
(c) System security or other issues that need to be addressed
(d) Telecommunicationservice provider's failure to provide their services.
(e) Difficultiesin service provision due to force majeure events as specified in Clause 18.
(f) We arerequired to terminate the Services by law, court judgment, order, or regulatoryenforcement measures.
(g) any other event similar to anyprevious project.
12.3 We reserve the right to terminate the Services at our sole discretion. Inthe event that we terminate all of the Services. We willnotify you one month in advance insuch manner as we deem appropriate, except in the event of an emergency.
12.4 Weshall not be liable for any damages arising from modifications, alterations, oradditions to the content of the Services, or cessation of services under thisclause.
Clause13. Confidentiality
13.1You shall maintain confidentiality and protect all information that we havedisclosed. And required to be kept confidential, including all information youobtain in connection with the Services on our Platform. And wehave designated to keep confidential (collectively referred to as"Confidential Information").
13.2 You must use confidential information solely for the purpose of using theservices on our platform and comply with the terms. You cannot discloseconfidential information to any third party without our prior written consent.
Clause 14. "Ownershiprights"
14.1 You acknowledge that all intellectual property rightsand other rights, including other proprietary rights, in relation to theServices on our Platform. Any details and any information we provided to you inconnection with the Terms of Use, are owned by us (or licensors). We do notgrant you any rights in any way, whether in respect of any title or rights unlessexpressly stated otherwise.
14.2 We acknowledge that all rights and proprietary rights, including intellectualproperty rights related to the details or information you provide to us inusing our platform, are yours owned (or licensors). ("User Property");You agree that we have the perpetual right to use User Property in allrespects, including but not limited to copying, transmitting publicly, renting,translating, modifying, sublicensing, and deriving copyright-related benefitsin conducting our business, unless specified otherwise.
14.3 You agree not to claim, hold, or exercise rights in intellectual property and other rights, including moral rights of creators, regarding the use of theUser Property as specified in Section 17.2 of our terms.
Clause15. Disclaimer of Warranties
15.1 We explicitly disclaim any warranties, whether expressor implied by law, regarding the services on our platform. This includes but isnot limited to, warranties of fitness for a particular purpose, anticipatedbenefits, functionality, commercial viability, performance, compatibility,completeness, accuracy, continuity, reliability, or utility of availabilityimplementation, easy access, legality, or the absence of security flaws, noerrors, no defects, no viruses, or other defects, and no infringement of thirdparty rights in the content and other information that we provide through theServices on our Platform unlessexplicitly stated otherwise by us.
15.2 We shall not be liable to you or any thirdparty for any claims, damages, or damages, losses or expenses, or liabilities,including but not limited to incidental damages, loss of profits, businessinterruption, or loss of data or information provided by you, arising from orrelated to your use of our platform services, to the extent permitted by applicablelaw, except for intentional or willful misconduct on our part.
15.3 If there is any dispute with any third party regarding your use of ourplatform services, you must promptly notify us of the details of the dispute.You are responsible for handling and resolving the dispute at your own expenseand liability. If we are required to address any complaints or disputes withthird parties related to you, you agree to indemnify us for any damages,losses, and expenses incurred as a dispute result.
Clause 16. Indemnification
16.1 You must protect, indemnify, and hold us from harmlessand damages within the limits allowed by applicable law, and againstliabilities, and losses, including but not limited to expenses incurred insettling disputes, attorney fees, litigation costs, and other reasonable costsarising from (i) your breach or violation of terms, and/or (ii) intentional ormalicious actions related to your use of our platform services.
16.2 You acknowledge and agree that your breach ofany of these Terms may cause irreparable harm to us. Legal or other remediesfor such violations may not adequately address such breaches. In addition to all other remedies available, wehave the right to request the court order to cease any breach and to demandimmediate and specific.
Clause17. Limitation of liability
Incases where we are obligated to compensate you for damages under applicablelaw, notwithstanding the provisions of Clause18, we shall not be liable forincidental damages, consequential damages, special damages, including but notlimited to loss of income and punitive damages, even if we have been advised ofthe possibility of such damages.
Clause18. Force Majeure
Weshall not be liable for any delay or failure to perform under any terms of theservice agreement due to delays or circumstances beyond our control("Force Majeure"), including but not limited to acts of God, war,terrorism, conditions similar to war, hostilities, military operations, siege,embargo, blockade, import bans, detention, revolutions, riots, congestionproblems in the harbor looting, civil disturbances, labor issues such asstrikes, shortages or reductions in workforce, closure of business in the eventof a fatal infection or other epidemics, fire, storm, earthquake, flood, oraccident or action of a government official or governmental organization,government departments or other agencies that are not our fault. Shortages orreductions in workforce, materials, transportation, or utility usage are notcaused by us. Labor-related issues impacting our business or suppliers of goodsand services to us, or any other causes beyond our control.
Clause19. Other terms and conditions
19.1 The terms of service between you and us becomeeffective upon our granting of approval to you and will remain in effect until terminatedas specified in this agreement.
19.2 You may terminate the terms of service at any time by following theprocedures we have specified, unless otherwise explicitly stated in this agreement.
19.3 Upon termination of the Terms of Service in accordance with the terms inthe preceding paragraph, you will forfeit all rights relating to your use ofthe Services on our Platform. However, you still have all obligations,responsibilities, and duties under this agreement even after termination of theterms of service on our platform.
19.4 You agree that it is not necessary for us to retain anydetails or information you provide in connection with your use of the Serviceson our Platform after the termination of the Terms of Service.
Clause20. Continuation
Theprovisions outlined in Clauses 13, 14, 15, 18, 21, 22, 27, and other relevantprovisions are meant to persist and shall remain in effect regardless of theexpiration or termination of the Service Agreement for any reason.
Clause21. Communications
21.1We may notify you or use other communication methods relevant to the Serviceson our Platform by posting on our Service Platform or website operated by us, viaemail, or by any other communications methods specified by us,unless otherwise stated herein.
21.2 You must notify us of any inquiries including communicatingthrough various methods regarding the services on our platform as specified byus, unless otherwise stated herein.
21.3 Content, office hours, or other details regarding our support on the platform are subject to our specified guidelines unless otherwise stated.
Clause22. No Transferring Rights
22.1 You are not authorized to sell, transfer, merge, acquire, or demergeany company,guarantees, and obligations relevant to this Termof Use, including any rights or agreements with third parties, without ourexplicit written consent. Any such attempt, whether in whole or in part, whichcontravenes the terms, shall be considered null and void.
2.2 You agree that we may transfer rights or assign ourbusiness related to services on our platform to third parties ("Business RightsTransfer "). Thismay include transferring any or all of our rights and obligations, along withall associated data received by us, relatedto the Services on our Platform to third parties for the avoidance of doubt. Businessrights transfer encompassesfull succession resulting from mergers, demergers, business rehabilitation, or otherbusiness reorganizations that may cause us to become a non-appearing orseparated legal entity. [RC1]ภาษาไทยใช้คำว่า"หรือโดยแบ่งส่วนบริษัท" รบกวนตรวจสอบความหมายหรือเจตนารมย์ที่แท้จริงอีกครั้ง
Clause23. Waiver
Ourfailure at any time to enforce your obligations or responsibilities under theseterms shall not be deemed a waiver of any rights to take action in the future,and exceptions to breaches of any of our terms herein shall not implyexceptions to continuousviolations of the same or any other terms specified herein, nor shall they beconsidered exemptions from liability or obligations.
Clause24. Severability
If any provision in this Terms, for any reason is deemed invalid, illegal, or unenforceable under applicable law or beyond the jurisdiction of the court and laws governing such conditions, such invalidity, illegality, or unenforceable will not affect any other provision of this Terms or invalidate or render unenforceable such provision in any other jurisdiction.
Clause 25. Headings
All headings and titles in this Terms are inserted for convenience only, and are not a part of this Terms and will not affect the interpretation of this Terms and Conditions.
Clause 26. Language
This agreement is made in Thai and English languages and may be translated into other languages besides Thai and English. However, in the event of any conflict, the English language version shall prevail and be binding in all cases.
27. Governing Law and Jurisdiction
27.1 These Terms of Use shall be governed by and interpreted in accordance with the laws of Thailand, regardless of conflicts of laws.
27.2 You and we hereby agree and consent to the jurisdiction of any court with competent authority in the jurisdiction where our headquarters office is located, where the Platform operates, for all actions or proceedings arising from or relating to this Term of Use.
established on 24/11/2023.
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