LuxBerths Terms of Service for Users

  1. Application of Terms of Service

    The following Terms of Service (hereinafter referred to as "Terms"), are applied when you access or use applications, products, services , websites or any associated content (hereinafter referred to as "Services") provided in the Kingdom of Thailand by LuxBerths Ltd., a Hong Kong corporation doing business under the name of "LuxBerths," (hereinafter referred to as , "LuxBerths", "Company", "We" or "Us").

    These Terms govern use of Services by both individual users and their representatives (hereinafter referred to as "Users") that use our Services in order to book mooring spaces or docks at marinas specified on our website and/or mobile applications. We use separate terms for marinas and representatives of the marinas (Marina Users) that use Services to let it possible for Users to book mooring spaces or docks at the aforementioned marinas.

    In addition to these Terms and Conditions, we may issue additional terms, guidelines or rules for the whole or a part of our services. LuxBerths will give you access to such Supplemental Terms and Conditions before or at the time you access the Services to which they apply. In case of conflict, the Supplemental Terms and Conditions shall prevail over the principal Terms and Conditions.

    These Terms and Conditions are applied in their latest version as posted on our website and we will ask you to accept our revised Terms and Conditions before allowing you to continue using our website, web applications and services. In case you continue to access or use our Services after relevant notification, it is considered that you agree to be bound by the amended Terms.

  2. Services

    Luxberth's Services comprise a technology platform that allows users of LuxBerths's website application which is a part of our Services (hereinafter referred to as "Application" or "Applications") to book and arrange docking and mooring reservations as well as logistics services (concerning Marinas providing such services), including third party dockage and logistics providers acting under agreement with LuxBerths or any of its subsidiaries (hereinafter referred to as "Marinas"). Users may use Services solely for personal and non-commercial use unless other agreement has been signed between LuxBerths and a User separately.

    YOU AGREE THAT LUXBERTHS NEITHER PROVIDES DOCKING, MOORING AND/OR LOGISTICS SERVICES NOR OPERATES AS A DOCKING/MOORING CARRIER. YOU MAY USE OUR SERVICES TO ARRANGE AND SCHEDULE BOAT DOCKING/MOORING SERVICES WITH MARINAS AND TO CONTACT THE AFOREMENTIONED MARINAS, BUT YOU UNDERSTAND THAT LUXBERTHS BEARS NO RESPONSIBILITY CONCERNING ANY BOAT DOCKING, MOORING OR LOGISTICS SERVICES PROVIDED TO YOU BY MARINAS THROUGH OTHER USE OF THE SERVICES THAN THE ONE SPECIFIED IN THE PRESENT TERMS.

    YOU ALSO UNDERSTAND THAT LUXBERTHS DOES NOT GUARANTEE THE APPROPRIATENESS, SAFETY OR ANY QUALITIES OF MARINAS. YOU ACKNOWLEDGE THAT IT IS YOUR PERSONAL RESPONSIBILITY TO CONSIDER IF A PARTICULAR MARINA MEETS YOUR REQUIRMENTS, NEEDS AND EXPECTATIONS. WE WILL NOT BE INVOLVED IN ANY DISPUTES BETWEEN USERS AND A THIRD PARTY PROVIDER. YOU AGREE THAT ANY POTENTIALLY UNSAFE, HARMFUL TO MINORS OR OTHERWISE OBJECTIONABLE SITUATIONS INVOLVING MARINAS WHICH MAY HAPPEN AS WELL AS THE USAGE OF SPESIFIC MARINAS ARRANGED OR BOOKED BY YOU ARE AT YOUR OWN RISK. LUXBERTHS SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR TRANSACTIONS OR RELATIONSHIPS WITH MARINAS.

  3. Access to our Applications and security of your Account

    LuxBerths may discontinue or change Applications, as well as any services or content related to our Applications anytime in our sole discretion and without prior notice. LuxBerths shall not be held liable for any interruption of online services, websites and web applications, whether the interruption results from causes in the control of LuxBerths, third parties or force majeure or any other cause. Periodically, access to some parts of our Applications, or a particular Application may be restricted to users (this includes registered users as well).

    You agree to bear responsibility for making all necessary arrangements in order to access Applications. You guarantee that anyone who accesses our Applications using your Internet connection is aware of these Terms and complies with them.

    In order to gain access to our Applications or some of its resources, you may have to create an account with us or provide Personal Data. You acknowledge that all the data you submit in order to register with our Applications (including but not limited to use of any its interactive features), is subject to our Privacy Policy and you agree to all actions we take concerning the aforementioned data.

    A Username and Password may either be determined and issued to you by us or created by you and accepted by us in our sole and absolute discretion in connection with the use of the Services and/or access to the Platform. You hereby agree to periodically change your Password and to keep your Username and Password confidential. You bear full responsibility for the security of your account and you are liable for any disclosure or use. You are obliged to contact us immediately in case of any unauthorized access, or use of your username or password or any breach of security.

    We reserve the right to disable any username, password or other identifier (regardless of the fact whether it was created by you or given by us), at any time, in case, in our opinion, you have violated any provision of the present Terms.

  4. Payments

    1. You acknowledge that the services you receive from a Marina shall be paid by you. After receiving such services which you have obtained due to your use of our Services, LuxBerths will require you to perform payment of the relevant fees on behalf of certain Marina. We will send the receipt to you by e-mail, in accordance with the preferred payment method specified in your Account profile. Such payment shall be considered the same as a payment made directly to the Marina. All the fees will include taxes where required by relevant laws. All the payments performed are final and non-refundable, unless agreed otherwise in the clause "Cancellation Policy" of these Terms or by LuxBerths. You have the right to claim lower fees from a Marina for received services at the time of receiving such services.

    2. Marinas reserve the right to change fees in case a certain Marina determines that any data provided in your User Profile and the actual characteristics of your boat or vessel do not coincide. For example, the difference between your boat's total width as specified in the Profile and its actual width may result in increased fees for the services of the Marina. LuxBerths will change fees for any particular service in accordance with the relevant request from the Marina.

    3. You agree to pay all the fees immediately. All payments shall be facilitated by LuxBerths; method of payment will be chosen in accordance with the preferred payment method specified in your Account. In case your primary preferred payment method is expired, invalid or unavailable, you agree that we, acting as the Marina's limited payment collection agent, may use a secondary preferred payment specified in your Account (if available).

    4. We have the right to establish, remove and/or revise fees for any or all aspects of the Services at any time in our sole discretion. We will use reasonable efforts to inform you of applicable fees. Nevertheless, you will be responsible for the fees incurred under your Account regardless of whether you were aware of such fees or their amounts. LuxBerths may periodically provide you with special offers and discounts that may result in specific Charges for the same or similar Services. You acknowledge that such offers and discounts, in case they are not available to you, do not affect your use of Services or applicable fees. You may cancel your request for services from a Marina (before the actual use of such services). In this case you may still be liable to fees, under the provisions of the Section 6 of these Terms.

    5. LuxBerths's payments cover services provided and do not include any tips or gratuities to the Marina or Marina employees.

      Any mentioning on our Applications or in LuxBerths's marketing or promotional materials concerning the fact that tipping is voluntary or included in the payments you make for Marina services does not allow suggesting that we provide any additional money to Marinas or Marina employees, apart from those described in these Terms. Based on service performance you are under no obligation to tipping Marina or Marina employees. All tipping is voluntary. After you have received services obtained through use of our Services, you will have the opportunity to leave feedback about the Marina services which you have used. In case you felt that you were forced to pay any gratuity or tips, you may include this fact in your feedback.

    6. LuxBerths partners with certain companies (like Stripe or similar) for payment processing. Thus, at any time when you make a reservation, you acknowledge that you comply with our partner's terms of service. We reserve the right to change the payment processor at any time without prior notice.

  5. Cancellation Policy

    We understand that a change in your circumstances may occur since you make an arrangement through our Services and till the time of actual use of the Marina services. All marinas related to the LuxBerths platform have specific cancellation policies, in accordance with their facilities and terms of services. You may check marinas cancellation policies in the cancellation policy section of their listing on our Application and on their LuxBerths Website profiles. These specific policies will be used to consider whether your case is eligible in the event of cancellation of a confirmed reservation.

    If you have the right for a refund we make reasonable best efforts to perform the refund within 72 hours as from the cancellation. In some case a refund processing may require longer period of time.

  6. Intellectual Property Rights

    Our websites, web applications and their contents, functions and features are the property of LuxBerths, its licensors or other relevant providers and are protected by both local and international Copy Right Protection laws. This includes but is not limited to trademarks, software, designs, texts, images, graphics, layouts, video and audio materials. Infringements of these copyrights will be legally prosecuted.

    1. Provided that you comply with the present Terms of Services, LuxBerths grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferrable license to access and use our Applications on your personal device. You are permitted to use these services, access and use any content, data and related materials that are available through our services. It is strictly prohibited to distribute, modify, create derivative works of, publicly display or perform, republish, download, store or transmit any of the material on our Applications. Exceptions are as follows:

      • Some files may be automatically cached by your web browser for display enhancement purposes.

      • Your computer may temporarily store copies of such materials in RAM after you have used our Applications

      • You may print or download one copy of such materials (solely for personal and non-commercial use)

      • You may take such actions in case they are enabled by certain social media features provided by us

    2. You are not allowed to change copies of any content from our Applications; use any photographs, graphics, video or audio materials separately from the accompanying text; access or use any part of our Applications, its services or materials with business or commercial purposes; remove or amend any copyrights, trademarks or other proprietary rights notices from copies of materials.

      Should you be interested in use of any of our materials with other purposes than the ones specified in this section, you are required to obtain our permission in writing, which you can request by emailing info@Luxberths.com.

      In case of printing, copying, modifying, downloading or any other case of violating the provisions of the Present Terms of Service from your part or performed by any other person whom you allowed to access our Applications, we will immediately terminate your right to use our Applications. You may be asked to return or destroy any copies of the materials you have made before. Please, note that any use of our Applications not expressly permitted by these Terms is considered as a breach of these Terms and may violate copyright, trademark and other laws.

  7. Trademarks

    The LuxBerths name, the terms "LuxBerths," "luxberths.com," the LuxBerths logo as well as all related names, logos, designs, slogans, names of products and services are trademarks of LuxBerths. You may not use these trademarks without the prior consent of LuxBerths given in writing.

    Commercial usage of the LuxBerth trademarks without the written consent given prior by LuxBerths is prohibited. All other names, logos, products and other relevant materials on our Applications are the trademarks of their respective owners.

  8. Prohibited Use

    This Application can be used solely for lawful purposes.

    You acknowledge that you will not use Applications:

    • In order to exploit, harm minors or attempt to perform any of the aforementioned actions by exposing minors to inappropriate content, asking for personally identifiable information or otherwise.

    • In any way that violates any local or international laws or regulations, including any laws governing export of data or software to and from Hong Kong or other countries.

    • In order to intentionally receive, use, re-use, download or upload any content, which does violates these Terms.

    • With the purpose of procuring the sending of or transmitting any promotional or advertising material without our prior consent given in writing, including any spam, junk mail or any other similar materials.

    • In order to impersonate or attempt to impersonate LuxBerths, LuxBerths employees, other users or any other persons or entities. This includes use of e-mail addresses or usernames which may be associated with any of the listed above.

    • Perform any other actions which restrict or affect proper use or of our Applications by other parties, or which, in our opinion, may be harmful to LuxBerths or other users of our Applications and/or expose them to liability.

    Apart from that, you acknowledge that:

    • Your use of our Applications will not overburden, damage, disable or affect the web-site; it will not prevent other users from accessing or using Applications and will not interfere with other users' ability to engage in real time activities related to Applications

    • You will not use any harmful devices or processes (such as scripts, robots, spiders etc) while accessing and using our Applications for whatever purposes

    • You will not manually monitor or copy any of the content on our Applications for unauthorized purposes unless we have given prior permission made in writing

    • You will not use any software, devices or other means which may affect proper use of our Applications by any third party

    • You will not intentionally introduce any logic bombs, viruses, Trojan horses, hoaxes, worms, or other malicious or technologically harmful processes or materials

    • You will not try to gain unauthorized access to, affect, damage or cause disturbances to any parts of our Applications, the server which is used to store them, or any server, computer or database connected to Applications.

    • You will not attempt to attack our Applications via DOS or DDOS attacks.

  9. Services and content provided by third parties

    Our Applications may facilitate your access to web-sites, services and content maintained by third parties such as advertising. LuxBerths does not control, endorse or accept responsibility for the aforementioned services and content. Under these Terms of Agreement you acknowledge that your use of any third-party content or services is governed by the terms, conditions, disclaimers and notices applied by such third parties.

    Furthermore, in case you access our web application through use of devices powered by Apple Inc., Google Inc., Microsoft Corporation or Blackberry Limited, such company will be a third-party beneficiary to this contract. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of our Services in any manner. Your access to the Services using these devices is subject to terms and conditions specified in applicable third-party beneficiary's terms of service.

  10. User Contributions

    Our web application may comprise chat rooms, message boards, personal, corporate and institutional web pages or profiles, forums, bulletin boards as well as other interactive features (hereinafter referred to as "Interactive Components") that permit our Users to post, publish, display or transmit to other Users or other persons (hereinafter, "Post") content or other materials (hereinafter referred to as "Users Contributions") on or through the web application.

    All your Users Contributions must be posted strictly in accordance with these terms. Any Users Contribution you post to the site will be considered non-confidential and non-proprietary. By posting any Users Contribution on the web application, you agree to the fact that we, our affiliates and service providers, as well as each of their and our respective licensees and successors, have the perpetual, irrevocable, royalty-free, non-exclusive and transferable rights to use, reproduce, modify, display, distribute and disclose Users Contributions to third parties for any purpose or in accordance with your account settings.

    You hereby confirm and warrant that:

    • You own proprietary rights in and to your Users Contributions and are entitled to grant the license specified above to us, our affiliates and service providers as well as to each of their and our respective licensees, successors and assigns.

    • All of your Users Contributions comply with these terms.

    You acknowledge and admit that you assume personal responsibility for Users Contributions you submit, including their legality, reliability and accuracy.

    We have no responsibility to any third party, for the content or accuracy of any Users Contributions posted by you or any other Users of our web application.

  11. Monitoring and Administering; Termination

    We reserve the right to:

    • LuxBerths keeps the right for sole discretion, with or without any reason, to delete, remove or refuse to post any material which is not appropriate or violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Applications or the public or could create liability for LuxBerths.

    • Provide your personal information to third parties if material posted by you violates their rights, including their intellectual property rights or their right to privacy.

    • In case LuxBerths conforms with legal authorities, or will be subjected to obey court or legal enforcement orders, we reserve the right to reveal identity or any other registered information of our users on Application.

    • We keep the right to limit or suspend your access to some or specific parts on the Application for any or no reason, including without limitation any violation of these Terms.

    LUXBERTHS, AS WELL AS ITS AFFILIATES AND SERVICE PROVIDERS, IS NOT RESPONSIBLE WHEN THE INDIVIDUAL IS UNDERTAKING AN ACTIVITY THAT INVOLVES RISK FOR WHICH THE LUXBERTHS DOES NOT WANT TO BE LEGALLY OR FINANCIALLY RESPONSIBLE.
    LuxBerths does not review or monitor any submitted material by users on the web application, we cannot guaranty prompt removal if violated material if such material will be post on Application by user. You acknowledge and agree that we take no responsibility for any action or inaction regarding monitoring and revision of the content on Application posted or provided by any user or third party.

  12. Content Standards

    All Application users, including content Contributors must comply with all applicable federal, state, local and international laws and regulations in their entirety. Without limiting the foregoing, User.

    Contributions must not:

    • Possess, post, send and receive any content or material which violates Service Agreement.

    • Possess, post, send and receive any content or material with violent, hate-related, malicious, sexually explicit or pornographic materials, discriminatory materials, abusive, offensive, inflammatory or harassing content, content materials that may cause annoyance or inconvenience to a third party,

    • Promote, post, send and receive unlawful illegal activity

    • Promote any illegal activity, or advocate, promote or assist any unlawful act, imitating or impersonating another person, or misrepresenting your identity or affiliation with another person or organization;

    • Act as sales agent of the third party, be involved in sales, contests, promotions advertising business activities on Application.

    • Give the impression that the aforementioned business activities emanate from or are endorsed by LuxBerths or any other person or entity, if this is not the case.Give the impression that contributions originate from us or are endorsed by us or any other person or entity.

  13. Copyright Infringement.

    If you believe that your content has been copied and displayed on Application, please inform us by info@luxberths.com regarding infringing content you have found on the Application or Content and send letter explaining requirements.

    Please support your claim by providing following information:

    (A) Identification of the work or material being infringed.

    (B) Identification of the material that is claimed to be infringing, including its location, with sufficient detail find and verify its existence.

    (C) Contact information for the notifying party (the "Notifying Party"), including name, address, telephone number, and email address.

    (D) A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.

    (E) A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.

    (F) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed

    IF YOU INTENTIONALLY OR KNOWINGLY MISREPRESENT ANY APPLICATION OR SERVICE MATERIAL, IT WILL BE CONSIDERED AS INFRINGMENT, IF SUCH THE CASE YOU WILL BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.

    Please consult with legal authority regarding any Copyright Infringement and your rights and responsibilities under the Copyright

  14. Content Policy

    Information displayed and published on Applications is available for general usage only. We do not take any responsibility for its accuracy. Any reference you make and place on such information is strictly at your own risk. We deny all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Applications, or by anyone who may be informed of its contents.

    The Application includes or may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. LuxBerths is not responsible or reliable to you or any third party for the person's information provided or may provide as personal opinion.

  15. Changes to the Applications

    Occasionally LuxBerths will be updating services on the Application. But LuxBerths does not guarantee that all information on the Application or Service information will be up-to-date.Any of the information and material on the Application may be out of date at any given time, and we are under no obligation to update such material.

  16. Information About You and Your Visits to the Applications

    All information, which will be collected through Application usage, is subjected to Privacy policy, more information regarding this you may view on http://www.luxberths.com/about

  17. Linking to the Applications and Social Media Features

    Users can utilize links and link pages to your homepage. Building such links must be done in lawful and authorized way and should not damage or amend our reputation. Additionally, users should not establish a link in such a way as to suggest any form of association, approval or endorsement on our part, without our express written consent.

    (A) The Applications may provide some certain social media tools or features that may allowed you to:

    • Make posts or link from your own website or third-party websites to Application content, including, but not limited to LuxBerths's Reservation Forms on Marina websites.

    • Send or receive e-mails, links, content or other communications with certain content on the Applications.

    • Display limited information of the Application on your own website or on third-party websites.

    (B) The features listed below must be used with respect to the content they are displayed with, or with agreement of any supplemental terms and conditions altered by us concerning such features.
    You are not permuted to:

    • Build a link or link any website that is not owned by you.

    • Make any wrongdoing which will lead to malfunctioning of the Application, its part or cause Application to be framed.

    • Use any information or material which does not comply with any other provision of these Terms.

    Website, to which you are linked or publish content must comply in all respects with the content standards set out in these Terms.

    We reserve the right to withdraw linking permission and disable all or any social media features without notice which causing malfunctioning of the Application

  18. Links from the Applications

    All links in our web Application, as well as links provide by third party websites are provided only for user's convenience. Such links may provide you to or contain information about Marinas' Terms and Conditions, advertisements, banner advertisements and sponsored links. We do not control the content of those links and LuxBerths is not responsible for any loss or damage information may cause from using those links and any access of the third-party websites, through or from your web application is at your own risk and subject to the terms and conditions of use for such websites.

  19. Use Outside Hong Kong

    The owner ofthe Applications is based in Hong Kong. LuxBerths makes no claims that the Applications or any of its content is accessible or appropriate outside of the Hong Kong.

    Depending of the user's geographical location, access to the Application may not be legal or can be valid partially. Access to the Application may not be permitted by certain person or in certain countries. If you agree with terms and conditions and access application outsideHong Kong, then you do so on your initiative and solely responsible for any wrongdoings or for any compliance with local laws.

    If you access the Application from outside the Hong Kong, you do so on your own initiative and are responsible for compliance with local laws

  20. Disclaimers

    THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." LUXBERTHS REJECTS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ASPESIFIC PURPOSE AND NON-INFRIGMENT. LUXBERTHS ALSO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY GOODS OR SERVICES OBTAINED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY THIRD PARTY GOODS OR SERVICES OBTAINED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

    SOME APPLICATIONS MAY INCLUDE MAPPING FEATURES OR FUNCTIONS, THOSE FUNCTIONS ARENOT DESIGNED OR INTENDED TO BE RELIED UPON FOR NAVIGATION OF ANY VESSEL IN ANY WAY.

    THESE DISCLAIMERS DO NOT CHANGE YOUT RIGHTD AS A CONSUMER TO THE EXTENT NOT PERMITTED UNDER THE LAW IN THE JURISDICTION OF YOUR RESIDENCE.

  21. Limitation of Liability

    YOU AKNOWLAGE THAT LUXBERTHS IS NOT RESPONSIBLE FOR YOUR FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE, EVEN IF LUXBERTHS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LUXBERTHS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES INCURRED BY YOU ARISING OUT OF:

    (A) YOUR INABILITY TO ACCESS OR RELIANCE ON THE SERVICES WHILE ITS INABILITY; OR

    (B) EVEN IF LUXBERTHS IS INFORMED OF POSSIBLE DAMAGES OR OF THE POSSIBILITIES OF POTENTIAL DAMAGES, WE TAKE NO RESPONSIBILITY BETWEEN YOU AND MARINA. LUXBERTHS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND LUXBERTHS'S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT MARINA PROVIDING DOCKING OR SIMILAR SERVICES MAY OFFER OR SUPPORT YOU WITH SERVISES THAT NOT BE PROFESSIONAL LICENSED OR PERMITED. IN NO EVENT SHALL LUXBERTHS' BE RESPONSIBLE TO YOU IN CONNECTION WITH THE SERVICE FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEEDED FIVE HUNDRED U.S. DOLLARS (500$)

    ABOVEMENTIONED DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  22. Indemnification

    If such case occur, you agree to defend, indemnify and hold harmless LuxBerths, its directors, officers, employees, agents, stockholders, affiliates, subcontractors and customers from and against all allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs, expenses or fees, including reasonable legal authority's fees happening or relating to your violation of this Terms or your misuse of the Application.

  23. Governing Law and Jurisdiction

    These Terms and Conditions, as well as any disputes or claims between you and LuxBerths, shall be administered by, construed and enforced according to the laws of the Kingdom of Thailand.

    The courts of the Kingdom of Thailand have exclusive jurisdiction over any dispute or claim in connection with these Terms and Conditions and all relations between you and LuxBerths.

    Any disagreements, disputes and legal actions between Users and these Terms or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Rhode Island, in each case located in the City of Newport and County of Newport, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

  24. Limitation on Time to File Claims

    ANY MATTERS RELATING TO THE APPLICATION OR THIS TERMS AND ANY DISPUTE, CONTROVERSY OR CLAIM BETTWEN USERS AND THIS TERMS OR APPLICAION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

  25. Waiver and Severability

    No waiver of any term of this Terms is a waiver of any other term of this Terms and no waiver of any breach or duty under this Terms is a waiver of any other breach or duty. Any failure of LuxBerths to assert a right or provision under these Terms shall not be considered as a waiver of such right or provision.

    If any court or other tribunal of the competent authorities will prove invalidity of specific provision, then such provision shall be removed or limited to the minimum extend that the remaining provisions of the Terms will continue in full force and effect.

    Entire Agreement

    Any alteration or amendment or additional agreement to these Terms and Conditions shall be made in writing and be executed by the authorized representative of LuxBerths.

    All comments, requests and notices of copyright infringement claims should be sent to info@luxberths.com