Terms of use – Samui Property

The Licensor (hereinafter referred to as the Administration) grants you, as the Licensee (hereinafter referred to as the User) of Computer Programs and the SAMUIPROPERTY Limited Company Database, access to the independent use of the SAMUIPROPERTY Limited Company Sites and their functionality on the terms that are the subject of these Terms of Use of the SAMUIPROPERTY Limited Company Site.

1. Terms used in these Rules

1.1. The SAMUIPROPERTY Limited Company Website (or Website) is an Internet resource consisting of a set of (a) Computer Programs of the SAMUIPROPERTY Limited Company Website and (b) the SAMUIPROPERTY Limited Company Database. The SAMUIPROPERTY Limited Company website is contained in an information system that ensures the availability of such information on the Internet at the network address (domain name): SAMUIPROPERTY Limited Company.ru (including all levels of the specified domain, both functioning at the date of acceptance by the User of the terms of these Rules, and being launched and put into operation during its entire validity period).

1.2. Computer programs of the SAMUIPROPERTY Limited Company Website (or Computer Programs) — presented in an objective form of a set of data and commands executed on a computer and visually presented in the form of external interfaces that perform the functions of systematization and management of the SAMUIPROPERTY Limited Company Database.

1.3. The SAMUIPROPERTY Limited Company Database (or Database) is a collection of text and graphic information materials about real estate objects presented in an objective form, contained on the Administration’s servers and systematized using Computer Programs of the SAMUIPROPERTY Limited Company Website in such a way that these materials can be found and processed by the User and third parties using a computer.

1.4. Verification is a procedure that allows you to establish the affiliation of a specific phone number to an individual, through which registration on the Website / login to the Account takes place.

1.5. Tariff list — the current list of options for calculating the amount of the license fee (with named tariff plans and their prices) paid by the User in favor of the Administration for the right to use Computer Programs and the SAMUIPROPERTY Limited Company Database in accordance with the terms of the license agreement located on the Internet at the network address (domain name): https://www.SAMUIPROPERTY Limited Company.ru/legal-documents/licenzionnoe_soglashenie_0/. The indicated prices are indicative, the final amount of the license fee is determined when making a data card, depending on the parameters of the object. The list of tariffs is Appendix No. 1 to the license agreement between the User and the Administration and is contained in an information system that ensures the availability of such information on the Internet at the network address (domain name).

1.6. Tariff — a tariff plan selected by the User from the List of tariffs using his Account and paid for by him.

1.7. Account is a single personal part of the SAMUIPROPERTY Limited Company Website, providing functionality for: (a) individualization of the User among other Users of the SAMUIPROPERTY Limited Company Website; (b) implementation by the User of the rights to use Computer Programs and the SAMUIPROPERTY Limited Company Database on the basis of a License Agreement; (c) exchange of data, information and messages between the User and the Administration; (d) implementation by the Administration of control over the progress of the User’s implementation of the right to use Computer Programs and the SAMUIPROPERTY Limited Company Database; (e) determining the amount of the Administration’s license fee under the License Agreement. Access to the Account and its functionality is provided to the User after his registration on the SAMUIPROPERTY Limited Company Website.

1.8. Billing system — software code executed on a computer and performing the function of automated accounting of the facts of the User’s exercise of the rights to use Computer Programs and the SAMUIPROPERTY Limited Company Database in order to calculate the license fee of the Administration under the License Agreement.

1.9. Personal account — a virtual personal account of the User on the SAMUIPROPERTY Limited Company Website, linked to his Account and reflecting in real time the Billing System data on the movement of payments under the License Agreement and data on the balance of the User’s Accounting Units.

1.10. Accounting unit is a universal conditional unit of measurement of the volume of rights to use Computer Programs and the SAMUIPROPERTY Limited Company Database under the License Agreement. Information about the number of Accounting Units on the Personal Account is reflected in the User’s Account. The cost of one Accounting Unit, the procedure for their accrual and debiting from the Personal Account is carried out in accordance with the Tariff and the terms of the License Agreement.

1.11. Site Service (or Service) – separately allocated functional tools for data exchange on the Site, allowing, when certain requirements are met, to use the advanced features of the Site, including interaction with Partners (third parties) attracted by the Site Administration.

1.12. Rules — the text of these Terms of Use of the SAMUIPROPERTY Limited Company Website.

1.13. The Parties are the Site Administration (or Licensor) and the User (or Licensee) in these Rules.

2. Status of the SAMUIPROPERTY Limited Company Website Terms of Use

2.1. These Rules are developed by the Administration and define the terms of use of the Site, as well as the rights and obligations of their Users and Administration. The Rules also apply to relations related to the rights and interests of third parties who are not Users of the Site, but whose rights and interests may be affected as a result of the actions of Users of the Site.

2.2. These Rules are a legally binding agreement between the User and the Site Administration, the subject of which is the provision by the Administration of the User with access to the use of the Site and its functionality. In addition to these Rules, the agreement between the User and the Site Administration includes any other rules (special documents) regulating the procedure and nature of granting access to the use of Computer Programs and the SAMUIPROPERTY Limited Company Database, freely available in the “Help Center” section of the Site (under construction now).

2.3. The User is obliged to fully familiarize himself with these Rules before using the Site and its Services. If the User does not agree with any of the provisions of the Rules, the User does not have the right to use the Site or the services of the Site. If the Site Administration has made any changes to the Rules in accordance with paragraph 2.4 of the Rules, with which the User does not agree, he is obliged to stop using the Site, the Site services.

2.4. These Rules may be changed by the Administration at any time without any notification to the User. The new version of the Rules comes into force from the moment it is posted on the Website, unless a different date of entry into force of the new conditions is specified in the text of the Rules.

2.5. These Rules are an open and publicly available document. The current version of the Rules is posted on the Internet at our network address. The User undertakes to regularly independently check the terms of these Rules for their changes and/or additions. Continued use of the Site by the User after the entry into force of changes and /or additions to these Rules means acceptance and consent of the User with such changes and/ or additions.

3. The Status of the SAMUIPROPERTY Limited Company Website

3.1. Rights to the Site as a whole and to use the network address (domain name) SAMUIPROPERTY Limited Company.ru belong to the Site Administration. The latter provides access to the Site to all interested parties in accordance with these Rules and the current legislation of Thailand.

4. Administration of the SAMUIPROPERTY Limited Company Website

4.1. The Administration of the SAMUIPROPERTY Limited Company Website in these Rules and other special documents posted on the Website.

4.2. Appeals, proposals and claims of individuals and legal entities to the Site Administration in connection with these Rules and / or in connection with the functioning and use of the Site, as well as for requests authorized by the legislation of Thailand persons may be sent to the Administration address: adm@samuiproperty.asia.

4.3. With regard to the functioning of the Site, the Administration is guided by the legislation of Thailand, these Rules and other special documents that have been developed or may be developed and adopted by the Site Administration in order to regulate the provision of Users with access to certain functionality of the Site.

4.4. No provisions of these Rules grant the User the right to use the brand name, trademarks, domain names and other distinctive signs of the Site Administration.

The right to use the brand name, trademarks, domain names and other distinctive signs of the Site Administration may be granted only by prior written agreement with the Site Administration.

5. The user of the SAMUIPROPERTY Limited Company Website, his registration on the Website and acceptance of the Tariff.

5.1. The user of the Website is a capable individual or a legally capable legal entity who has started using the SAMUIPROPERTY Limited Company Website. In order to use some of the Site’s functions or Services, the User must complete the registration procedure, as a result of which a unique account will be created for the User.

5.2. Registration on the Website is free, voluntary and can be made by performing the following actions by the User:

5.2.1. correct filling in and sending of the electronic User registration form posted on the Internet at the network address (domain name): SAMUIPROPERTY Limited Company.ru/registration; the User then performs actions to activate his user Account by filling in the Account activation fields “Email Address” /”ID” and “Password” with the data contained in the SMS message sent to the phone number specified by the User when filling out the registration form on the Site, or by verification by mobile phone number (hereinafter referred to as the phone number) to which a unique code (hereinafter referred to as the “code”) is sent via SMS (push notifications, messages in the messenger or in any other available way), and clicking the “Log in” button.

5.2.2. subscribing to the newsletter using an email address. By subscribing to the newsletter, the user automatically receives a login and password (registers).

5.2.3. payment for the “Transaction” service.

5.2.4. payment for the “Real estate Verification” service.

5.2.5. correct filling in and sending of the electronic User registration form posted on the Internet at the network address; subsequent actions by the User to activate their user Account by verifying the mobile phone number (hereinafter referred to as the phone number) to which a unique code (hereinafter referred to as the “code”) is sent via SMS (push notifications, messenger messages or other available method), and clicking the “Log in” button.

5.3. When filling out the electronic registration form on the Website, the User is obliged to provide the Administration with reliable and up-to-date information. The registration form of the Site may request additional information from the User.

5.4. The User is responsible for the accuracy, relevance, completeness and compliance with the legislation of Thailand of the information provided during registration and its purity from claims of third parties.

5.5. Verification of the User by phone number is performed by one of the following options: by “SMS” or via “callback”:

5.5.1. Verification by “SMS”: After sending the phone number through the registration form on the Website, the User enters the code received to the specified phone number in the corresponding “SMS code” window and presses the “Log in” button. If the sent and entered code match on the Site, Verification is recognized as successfully completed – the phone number belonging to a certain individual is established. The User undertakes not to disclose to third parties the login and password, phone number and unique codes. If the User has any reason to believe about unauthorized access to the above data, the User undertakes to immediately inform the Site Administration at: support@samuiproperty.asia.

5.5.1.2. If the User already has an Account on the Site, then after successful Verification, an automatic login to this Account takes place. Otherwise, the User needs to select an account from the existing ones and confirm login to the account by entering an “email address” and “password”, or create a new Account.

5.5.1.3. The user who entered the correct code is recognized as the owner of the account on the Site.

5.5.1.4. The same phone number can be used for multiple accounts on the Site.

5.5.1.5. The code is valid for 5 minutes from the moment it is sent. Repeated code request is possible no earlier than 60 seconds after the initial request. If an incorrect code is entered more than 3 times, the code is invalidated and the User must request a new code. The Site Administration reserves the right to block the User’s access to the site in case of an abnormal number of requests from the User. The user can also contact the customer service at support@@samuiproperty.asia.

5.5.1.6. The User can change the phone number for the account in the Personal Account by clicking the “Change phone number” button and following the suggested instructions on the Website.

5.5.1.7. The code sent to verify the phone number by SMS is a simple electronic signature, with which the User confirms that the specified phone number belongs to the User and his consent to these Rules.

5.5.2. Verification via “callback”: After sending the phone number through the registration form on the Website, the User receives a call to the specified phone number and enters the last digits of the number from which the call was made to him in the corresponding window “The last 4 digits of the incoming call number” and presses the “Log in” button. If the last 4 digits of the number from which the call was made to him coincide with the entered digits on the Website, Verification is recognized as successfully completed – the affiliation of the phone number to a certain individual is established. The User undertakes not to disclose to third parties the login and password, phone number and the last digits of the number that were used for verification. If the User has any reason to believe about unauthorized access to the above data, the User undertakes to immediately inform the Site Administration at: support@@samuiproperty.asia.

5.5.2.1. If the User already has an Account on the Site, then after successful Verification, an automatic login to this Account takes place. If several Accounts correspond to the specified phone number, the User must select an account from the existing ones and confirm login to the account by selecting an “email address” and entering a “password”, or create a new Account.

5.5.2.2. The user who correctly entered the correct last 4 digits of the caller number is recognized as the owner of the account on the Site.

5.5.2.3. The same phone number can be used for multiple accounts on the Site.

5.5.2.4. The last four digits of the number from which the Verification call is received are valid for 5 minutes from the moment it is sent. A repeated call request is possible no earlier than 60 seconds after the initial request. If an incorrect combination of digits is entered more than 3 times, it is considered invalid and the User must request a new call. The site administration reserves the right to block the User’s access to the site in case of an abnormal number of requests from the user.

5.5.2.5. The User can change the phone number for the account in the Personal Account by clicking the “Change phone number” button and following the suggested instructions on the Website.

5.5.2.6. The last four digits of the number from which the call is received to verify the phone number via the “reverse callback” is a simple electronic signature with which the User confirms that the specified phone number belongs to the User and his consent to these Rules.

5.6. Acceptance of the Tariff is performed by performing a set of the following actions by the User:

5.6.1. payment of the license fee in favor of the Administration according to the terms of the Tariff proposed for acceptance;

5.6.2. the User selects the Tariff corresponding to his will from the current List of tariffs and then clicks on the “Switch to this tariff” button.

5.7. The acceptance of the “Non-commercial” Tariff is made by the User automatically after his registration on the SAMUIPROPERTY Limited Company Website.

5.8. Unless proven otherwise by the User, any actions performed using his Account are considered committed by the corresponding User. In case of unauthorized access to the User’s Account, he is obliged to immediately inform the Site Administration about this in accordance with the established procedure.

5.9. The Site User, using the Site, gives his consent to the use by the Site of his IP address, cookies and geolocation data for marketing and statistical purposes from the moment of the beginning of using the Site and familiarization with this Agreement, in case of disagreement with this condition, the User must leave the Site.

6. Rights and obligations of the Administration

6.1. The Administration undertakes:

6.1.1. to maintain the normal operation of the Site, the automated User registration system on the Site, which issues him a password, ID and secret code (automatically sent by sending SMS messages to the phone number specified by the User when filling out the registration form on the Site);

6.1.2. to maintain the normal operation of the automated system for opening the User’s Personal account;

6.1.3. to maintain the normal operation of the Billing system and the system of accrual of Accounting units;

6.1.4. publish on the Internet at the network address all changes and/or additions to these Rules and the License Agreement at least 3 (three) calendar days before the beginning of their validity;

6.1.5. publish on the Internet at the network address all changes and/or additions to the List of tariffs at least 3 (three) calendar days before the start of their validity;

6.1.6. in the event of a change in the name of the Administration, as well as its other details, including bank details, immediately notify the User by making changes to the relevant part of these Rules and publishing a new version of the Rules.

6.1.7. provide the User with the opportunity to exercise the rights to use Computer Programs and the SAMUIPROPERTY Limited Company Database in accordance with the terms of these Rules, the License Agreement and the Tariff accepted by the User;

6.2. The Administration has the right to:

6.2.1. make changes to these Rules, the List of tariffs and the License Agreement unilaterally;

6.2.2.2. it is impossible to provide the possibility of using the functionality of the SAMUIPROPERTY Limited Company Website due to physical, topographic or other natural obstacles;

6.2.2.3. The User uses the functionality of the SAMUIPROPERTY Limited Company Website illegally or in an illegal way, thereby causing damage to the Administration and /or third parties (including unregistered visitors of the SAMUIPROPERTY Limited Company Website). This paragraph, among other things, also includes: (a) any attempts to commit fraudulent actions or other actions using the functionality of the SAMUIPROPERTY Limited Company Website aimed at misleading other Users and/or third parties; (b) any attempts by the User to indicate ways of establishing contact with him, providing for the charging by the communication provider of an additional fee (in favor of such a User or a third party) that goes beyond the usual tariff for services of this type of communication;

6.2.2.4. The User commits other actions that, in the opinion of the Administration, hinder the normal functioning of the SAMUIPROPERTY Limited Company Website;

6.2.3. independently protect their own rights and legitimate interests, as the owner of the rights to independent results of intellectual activity (works processed by the Administration) on their own behalf and without involving the User;

6.2.4. Organize the work of Computer Programs and the SAMUIPROPERTY Limited Company Database at its discretion:

6.2.4.1. to carry out mailing to the User by e-mail and by the mobile phone number specified by the User on the SAMUIPROPERTY Limited Company Website, as well as using other means of communication (including but not limited to push notifications), available for communication with the User, the following types of messages: (a) service notifications about events related to the functioning of the User’s Account or the SAMUIPROPERTY Limited Company Website as a whole, as well as announcements on password recovery, reminders to replenish the Personal Account, deletion and/or deactivation of User information materials from the Database, deviations of information material, etc. (as the need arises to notify the User); (b) information materials from the Database in accordance with the User’s subscriptions (once a day, or with other frequency explicitly specified by the User); (c) informational messages — news of the SAMUIPROPERTY Limited Company Website, real estate market news, special offers and promotions of the SAMUIPROPERTY Limited Company Website (no more than twice a week).

The User’s consent to receive these mailings is acceptance of the terms (acceptance) of these Rules.

The User has the right to refuse to receive these mailings by performing the actions indicated in the text of the messages received from the Administration or by contacting the site administration at: web@samuiproperty.asia.

Within 5 (Five) working days after the User commits these actions, the Administration undertakes to stop sending the appropriate type of messages to his address.

6.2.5. for the purposes of implementing these Rules, process the User’s personal data provided by them when registering on the SAMUIPROPERTY Limited Company Website or when using the Site’s Services;

6.2.6. to use the User’s information materials free of charge and indefinitely in any legal way (without changing their content, except for the cases provided for by these Rules) for the purposes of implementing these Rules and the License Agreement, and/or posting them in the SAMUIPROPERTY Limited Company Database, including posting on other Internet sites/Internet sites, use in articles and analytical reviews;

6.2.6.1. to use gratuitously and indefinitely in any legal way, including but not limited to by posting on the SAMUIPROPERTY Limited Company Website, comments, questions and other materials posted by the User in the SAMUIPROPERTY Limited Company Database. In order to preserve the complete Database of SAMUIPROPERTY Limited Company, the User cannot revoke the materials posted by him and demand their removal from the Site Administration.

6.2.7. For analytical purposes, including, but not limited to, for the purpose of measuring the effectiveness, tracking the subsequent use by third parties of information materials uploaded by the User, to make additions to the User’s information without distorting the semantic component of the downloaded information, including to replace the phone number without changing the final subscriber number specified when downloading information materials (enabling the call tracking option); at the same time, the Administration has the right to record telephone conversations, about which the user receives a warning before starting the conversation, Continuing the telephone conversation, the User agrees to record telephone conversations.

6.2.8. If the User violates clause 7.2.6. of these Rules, the Administration has the right to fine (write off accounting units from the personal account) the User. The types and amounts of fines applied are indicated in the section “Fines”.;

In case of multiple violations (2 or more violations at the same time), the Administration has the right to apply the maximum amount of the fine.

The application of the fine does not prevent the Administration from applying other measures provided for by the rules and agreements of the Parties established on the Website.

6.2.9. delete the information uploaded by the User to the SAMUIPROPERTY Limited Company database and/or terminate the User’s access to its download, violating these Rules, at any time, without prior notice and solely at its discretion. if the Administration becomes aware of a violation by the User of these Rules;

6.2.10 store the User’s e-mail specified when using the Site, Services or on which his Account is registered, without saving other data that allows identifying the User as an individual, in case of deleting the User’s Account on the initiative of the Administration or the User himself;

6.2.11. to use other rights granted to the Administration by these Rules and the current legislation of Thailand.

7. Rights and obligations of the User

7.1. The User undertakes to:

7.1.1. before the adoption of these Rules, carefully read their terms and conditions;

7.1.2. comply with the provisions of the current legislation of Thailand, these Rules, the Requirements for the quality of ads and the provisions of other special documents of the Administration of the SAMUIPROPERTY Limited Company Website;

7.1.3. not to transfer the rights obtained in accordance with these Rules to any third party without the prior written consent of the Administration;

7.1.4. provide reliable, complete and up-to-date data when using the Site and Services, monitor their updating;

7.1.5. inform the Administration about unauthorized access to the User’s Account and/or his Personal Account;

7.1.6. to grant the Administration, when entering (uploading) information into the SAMUIPROPERTY Limited Company Database, a non-exclusive, gratuitous license, with the right of sublicensing, to use the entered information on the territory of Thailand and other countries of the world, in particular, the rights to reproduce, distribute, process or create derivative works from it, public display, public disclosure, and also public performance of such information, including use in advertising, promotion and distribution in whole or in part (as well as its derivative works) in any media formats (and through any media channels); the specified license is considered granted by the User at the time of entering (uploading) information into the SAMUIPROPERTY Limited Company Database.

7.1.7. regularly review the current version of these Rules.

7.2. The User is prohibited from:

7.2.1. to carry out actions aimed at disrupting the normal functioning of the Sites;

7.2.2. upload, store, publish, distribute and provide access or otherwise use viruses, Trojans and other malicious programs;

7.2.3. use automated scripts (programs) without special permission from the Administration of the SAMUIPROPERTY Limited Company Website to collect information on the Site and/or interact with the Site and its functionality;

7.2.4. in any way, including, but not limited to, by deception, abuse of trust, hacking, attempt to gain access to the Account or personal data of another User;

7.2.5. to use the Site in any other way, except through the interfaces provided by the Site Administration, except in cases when such actions were expressly permitted to the User in accordance with a separate agreement with the Administration;

7.2.6. make changes to the SAMUIPROPERTY Limited Company Database using objects that violate the rights of third parties or an indefinite circle of persons provided for by law (including, but not limited to, materials borrowed without the consent of the copyright holder, including photographs, texts, etc.)

7.2.7. use automatic and other programs not authorized by the Administration of the SAMUIPROPERTY Limited Company Website to gain access to the SAMUIPROPERTY Limited Company Website, as well as extract, copy, distribute and otherwise use the information materials of the SAMUIPROPERTY Limited Company Database in any way without the appropriate agreement with the Administration of the SAMUIPROPERTY Limited Company Website.

7.3. The User has the right to:

7.3.1. to use the technical support of the SAMUIPROPERTY Limited Company Website in the manner and under the conditions specified in these Rules;

7.3.2. to use other rights granted to him by these Rules and the current legislation of Thailand.

7.4. The User is not entitled to:

7.4.1. use the “Lite” tariffs if the User enters information about the alienation of a real estate object owned by a legal entity or an individual entrepreneur into the SAMUIPROPERTY Limited Company database. Such a User must use the “Developer” tariff. The account of a User who violates this provision may be blocked by the Administration. To enter information on the “Developer” tariff into the SAMUIPROPERTY Limited Company database, you need to contact the SAMUIPROPERTY Limited Company sales department using the feedback form.

7.4.2. enter into the SAMUIPROPERTY Limited Company Database information about the alienation of a real estate object owned by a legal entity or an individual entrepreneur, if the User uses the “Lite” and/or “Non-commercial” tariff. To enter such information into the SAMUIPROPERTY Limited Company Database, the User must switch to the “Developer” tariff.

7.4.3. to enter into the SAMUIPROPERTY Limited Company Database information containing materials that are subject to copyright or other rights of a third party (including the right to privacy or the right to an image of a citizen), if the User does not have consent or permission from the copyright holder, or other legally justified right to upload such materials to our database, including making it publicly available.

8. Technical support

8.1. Requests and claims related to the User’s use of the functionality of the SAMUIPROPERTY Limited Company Website must be transmitted to the Administration at any time of the day through the feedback form posted on the Internet at the network address (domain name): SAMUIPROPERTY Limited Company.ru/contacts , or by email to the email address: support@@samuiproperty.asia.

8.2. When providing technical support, the Administration has the right to require the User to confirm the ownership of his Account by submitting a request to inform the Administration’s support service of the User’s registration data, and in case of non—communication of such data, to refuse to apply for technical support if it requires actions with a specific User Account.

9. Processing of personal data

9.1. Using SAMUIPROPERTY Limited Company Computer Programs, individual Services and /or registering on the site, the User (an individual or a representative of a legal entity) thereby freely, voluntarily and in his interest provides his personal data to the Administration for their processing.

9.2. The processing of personal data means actions or a set of actions performed with or without the use of automation tools with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, transfer (distribution, provision, access) deletion, destruction of personal data.

9.3. The processing of personal data of the User, who is an individual, is carried out for the purpose of implementing these Rules, including:

9.3.1. Registration of the User, provision of services to the User and providing the User with the opportunity to make contacts on the subject of submitted ads. To achieve this goal, the following are subject to processing: full name, ID, email address, mobile phone number, residential address, date of birth, passport data, photo of the user.

9.3.2. Implementation of customer support. To achieve this goal, the following are subject to processing: full name, email address, mobile phone number, User ID, purchases.

The Administration takes into account requests when providing customer support to Users. Accounting is carried out using an information system located in the United States. By sending an appeal to the customer support service, the User thereby gives the Administration’s consent to the cross-border transfer of personal data specified in this paragraph.

9.3.3. Quality control of the materials presented on the website www.samuiproperty.asia ads. To achieve this goal, the following are subject to processing: full name, passport data, date and place of birth, registration address, information about the composition of the family, photo, number of the property, surname, first name and patronymic of the owner of the property.

9.3.4. Processing requests received from government agencies. To achieve this goal, the following are subject to processing: full name, phone number, email address, IP.

9.3.5. Organization of targeted advertising and mailing lists. To achieve this goal, the following are subject to processing: full name, email address, phone number, user ID.

9.3.6. Access and use of the functionality of the Site Services. Depending on the Service used, the following are subject to processing: full name, email address, phone number, user ID, access to contact data of the phone book (when forming contact data in the personal account of the Site).

9.4. The processing of personal data of representatives of the User, who is a legal entity, is carried out for the purpose of implementing these Rules, including:

9.4.1. Accounting of partner representatives for subsequent communication and analysis of the sales department. To achieve this goal, the following are subject to processing: full name, ID, email address, phone number, purchases, and other metrics.

9.4.2. Implementation of customer support. To achieve this goal, the following are subject to processing: full name, place of work, email address, phone number.

9.4.3. Quality control of the materials presented on the Website www.samuiproperty.asia ads. To achieve this goal, the following are subject to processing: full name, place of work and office address, email address, phone number, photo.

9.4.4. Access and use of the functionality of the Site Services. Depending on the Service used, the following are subject to processing: full name, email address, phone number, user ID, access to contact data of the phone book (when forming contact data in the personal account of the Site).

9.5. In order to achieve the goals defined in these Rules, the Administration may transfer the User’s personal data to third parties. The transfer of personal data to third parties is carried out to the extent necessary for the purposes of their processing. The third parties to whom the Administration may transfer the User’s personal data include: real estate agencies (when using the realtor search service), communication service providers, service providers for sending information and advertising materials (in the case of a User subscribing to these newsletters), partners providing the Administration with services for the use of information services, SAMUIPROPERTY Limited Company affiliates, persons, acting on behalf of the Administration, other third parties, the transfer of data that is necessary to fulfill the obligations of the Administration to the User in accordance with these Rules. The transfer of personal data to third parties is carried out within the framework of contracts concluded with third parties, including obligations to maintain the confidentiality of the data received. The transfer of personal data may be carried out, including on the territory of foreign states.

9.6. By publishing ads on the SAMUIPROPERTY Limited Company Website, the User thereby declares his consent to the posting of personal and other information contained in the ad in the public domain.

9.7. The processing of the User’s personal data is carried out during the validity period of these Rules and until the expiration of the storage period of the relevant data determined in accordance with the current legislation of Thailand. To terminate the processing of personal data by the Administration, it is necessary to abandon these Rules and stop using the Site, Services, while the User’s personal data can be processed even after the termination of the use of the Site and the rejection of these Rules for the period necessary to fulfill the obligations imposed on the Administration in accordance with the legislation of Thailand. In this case, the processing of personal data will be carried out to the extent necessary to comply with these obligations.

9.8. Information on the procedure for processing and ensuring the security of personal data by the Administration is provided in the document “Privacy Policy” posted on the SAMUIPROPERTY Limited Company Website.

10. The functioning of the SAMUIPROPERTY Limited Company Website and the responsibility of the Parties when using them

10.1. Users are responsible for their own actions in connection with the use of the SAMUIPROPERTY Limited Company Website and their functionality. Violation of these Rules and the current legislation of Thailand entails liability provided for by the legislation of Thailand.

10.2. The Administration reserves the right at any time to change the design of the Site, their content, functionality, modify or supplement the scripts, software and other objects used or stored on the Site.

10.3. The Site Administration does not engage in preliminary moderation or censorship of User information and takes actions to protect the rights and interests of persons and ensure compliance with the requirements of the legislation of Thailand only after the interested person addresses the Site Administration in accordance with the established procedure.

10.4. The Site Administration ensures the functioning and operability of the Site and undertakes to promptly restore their operability in case of technical failures and interruptions. The Site Administration is not responsible for temporary failures and interruptions in the operation of the Site and the loss of information caused by them. The Administration is not responsible for any damage to the User’s or other person’s computer, mobile devices, any other equipment or software caused by or related to downloading materials from the Site or from links posted on the Site.

10.5. The Administration is not responsible to the User and third parties (including unregistered Site visitors) for the inability to use the SAMUIPROPERTY Limited Company Website for any reasons beyond the control of the Administration, including, but not limited to, for the disruption of communication lines, equipment malfunction and /or delays and interruptions in the operation of the SAMUIPROPERTY Limited Company Website occurring directly or indirectly for a reason that is beyond the competence and control of the Administration.

10.6. The Administration is responsible for the damage suffered by the User as a result of using or not using the SAMUIPROPERTY Limited Company Website only if a direct culpable action (inaction) is proved Administration, committed with direct intent aimed at causing damage to the User.

10.7. The Site Administration has the right to collect and, at its discretion, dispose of any statistical information related to the functioning of the Site.

10.8. The Site Administration has the right to send the User information about the development of the Site and its functionality, as well as to report other news information related to the Site.

10.9. Limitation of liability of the Site Administration:

10.9.1. The website and all its components are delivered in the “as is” state. The Administration disclaims any guarantees that the Site or its functionality may or may not be suitable for specific purposes of use. The Administration cannot guarantee and does not promise any specific results from the use of the Site and/or their functionality;

10.9.2. In order to avoid misunderstandings, the User should take precautions in downloading from the Site or using links posted on it, and using any files, including software. The Site administration strongly recommends using only licensed, including antivirus, software;

10.9.3. The User agrees that any actions on the use of the Site and its functionality are performed at his own risk and is personally responsible for the possible consequences of using the SAMUIPROPERTY Limited Company Site and its functionality, including for damage that may be caused to the User’s computer or third parties in this regard, for data loss or any other harm;

10.9.4. Under no circumstances shall the Site Administration or its representatives be liable to the User or to any third parties for any indirect, accidental, unintentional damage, including lost profits or lost data, damage to honor, dignity or business reputation associated with the use of the Site, the content of the Site or other materials to which the User and / or other persons gained access through the Site, even if the Site Administration warned or pointed out the possibility of such harm, as well as for the User’s statements, published through the use of Computer Programs or the SAMUIPROPERTY Limited Company Database.

10.10. The User undertakes to resolve all disputes on his own and at his own expense and settle all claims and/or claims of third parties, orders and requirements of authorized state and municipal authorities received both to the User and to the Administration, presented in connection with the User’s use of the SAMUIPROPERTY Limited Company Website and their functionality, as well as reimburse all losses and expenses incurred by the Administration in connection with such claims and/or lawsuits.

11. Force majeure circumstances (force majeure)

11.1. Each of the Parties shall be released from liability for partial or complete non-fulfillment of obligations under these Rules if it proves that it was the result of force majeure circumstances that arose after the User accepted the Rules as a result of extraordinary events, such as: fire, explosion, flood, earthquake, strike, hostilities, Government or presidential decrees of Thailand, federal and local authorities and other force majeure circumstances that the Party could neither foresee nor prevent, neither take the circumstances into account when the User accepts these Rules.

11.2. The exemption from liability is valid only for the period during which these force majeure circumstances and their consequences exist.

11.3. Upon the occurrence and termination of the circumstances specified in clause 11.1 of these Rules, the Party must immediately notify the other Party in writing about them.

11.4. The notification must contain data on the nature of the circumstances, as well as official documents certifying the existence of these circumstances and, if possible, giving an assessment of their impact on the possibility of the Party fulfilling its obligations under these Rules, as well as the expected term of its execution.

11.5. The existence of force majeure circumstances, their impact and duration of action must be documented by an official of the competent authority or a representative of the Party.

11.6. In the above cases, the period for the Parties to fulfill their obligations under these Rules increases in proportion to the time during which such circumstances and their consequences apply.

11.7. If the circumstances listed in clause 11.1 and their consequences continue to be valid for more than two months, the Parties shall conduct additional negotiations to identify acceptable alternative ways of implementing these Rules.

11.8. If such circumstances continue to apply for six months or more, each of the Parties has the right to refuse to fulfill obligations under these Rules.

12. Final provisions

12.1. These Rules constitute an agreement between the User and the Administration regarding the use of the Site and its functionality and replace all previous agreements between the User and the Administration.

12.2. These Rules are regulated and interpreted in accordance with the legislation of Thailand. Issues not regulated by the Rules are subject to resolution in accordance with the legislation of Thailand.

12.3. In case of any disputes or disagreements related to the implementation of these Rules, the User and the Site Administration will make every effort to resolve them through negotiations between them. If disputes are not resolved through negotiations, they are referred to the Arbitration Court of Moscow.

12.4. These Rules come into force for the User from the moment of their acceptance by him and are valid for an indefinite period.

12.5. These Rules are written in English.

12.6. If, for one reason or another, one or more provisions of these Rules are declared invalid or unenforceable, this does not affect the validity or applicability of the remaining provisions.

12.7. These Rules in this edition come into force on January 1, 2023.