Terms of Service
Introduction and Agreement
This website (the "Site") is owned and operated by Exact Trading Company Ltd. These Terms of Service apply to the Site, located at www.pattayabike4sale.com, as well as to any versions of the Site that Pattayabike4sale.com co-brands with.
Access to the Website is subject to the following terms and conditions. Please take the time to read through these before continuing to use the Website.
On accessing the Website on this and on each subsequent occasion you will be deemed to have accepted all of the terms and conditions that apply to its use and to the facilities and services provided by it. We reserve the right to alter these terms and conditions at any time and it is your obligation to check if changes have been made. Your use of the Website after changes are posted on-line shall constitute acceptance of the new terms and conditions.
In these terms and conditions: "we/us/our" means Exact Trading Company Ltd; "Website" means the Website; "you"/"your" means the user of the online services.
Access to Website
Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our Website, or our entire Website, to users who have registered with us.
In consideration of our agreeing to permit you to use the Website to search our database of vehicles, you agree that you will only use, reproduce and print materials comprising the results of such searches for your own personal, non-commercial purposes. In particular, you must not use the contact details provided by private advertisers of vehicles to contact such advertisers other than in connection with a genuine enquiry relating to the purchase by you of the vehicle in question.
The pages contained in the Website may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so.
The information contained in the material in the Website is only for information purposes. The material on the Website does not constitute advice and you should not rely on any material on the Website to make (or refrain from making) any decision or take (or refrain from taking) any action.
The Website contains material submitted and created by private and trade dealers and other third parties. We exclude all liability for any illegality arising from or error, omission or inaccuracy in such material.
We give no warranties, conditions, guarantees or representations, express or implied, as to:-
- (a) the completeness or accuracy of the advice and information contained on the Website or any website to which it is linked;
- (b) the content of the advertisements for vehicles included in our database, including but not limited to the ownership, quality, authenticity of any photographs, compliance with description or fitness for purpose of any such vehicles;
- (c) the completeness of the results of any search of our database or that the vehicles selected by the search are the only vehicles on our database which might meet the searcher's requirements.
The Website publishes advertisements placed by third parties to advertise their vehicles and other goods and/or services. We do not own the vehicles or goods advertised for sale on the Website and have no liability for these or for any losses that you may incur as a result of purchasing a vehicle, goods and/or any services advertised by third parties. If you choose to purchase a vehicle, goods and/or services advertised for sale by third parties on the Website, the contract will be between you and the third party advertiser and not with us.
Copyright and trade marks
All rights, including copyright, in the content of these web pages and in the photographs of any vehicles displayed on the Website from time to time and all database rights in our database of vehicles, are owned or controlled for these purposes by us.
All trade marks, names, and logos are the proprietary marks of us or of our associated companies. Marks identifying third parties are owned or licensed by those third parties or their associated companies. Nothing in these terms and conditions in any way confers on you any licence or right under any trade marks, names or logos.
We are not liable for any failure to perform any of our obligations under these terms and conditions caused by matters beyond our reasonable control.
Except as expressly permitted by these terms and conditions, you may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilise any of the contents of the Website. In particular, you must not cache any of the contents for access by third parties nor mirror or frame any of the content of the Website nor incorporate it into another website without our express written permission.
The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise by implied by statute. Any liability for an direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it, including without limitation any liability for:
Loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract or other wise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
We will need to carry out routine maintenance and servicing of our servers and equipment from time to time. While we will seek to keep disruption to a minimum we cannot guarantee that the Website will be continuously available on-line. We therefore provide the Website on an "as is" and "as available" basis.
We make no warranty that the Website (or websites which are linked to the Website) is free from computer viruses or any other malicious or impairing computer programs. It is your responsibility to ensure that you use appropriate virus checking software.
We are not liable for any failure to perform any of our obligations under these terms and conditions caused by matters beyond our reasonable control/
Links to other websites
The Website contains hypertext links to websites that are not operated by us or by our associated companies. We do not control such websites and are not responsible for their content. Our inclusion of hypertext links to such websites does not imply any endorsement of the material contained on the websites or of the owners.
Links to the Website
You may establish a hypertext link to the home page of the Website, but not otherwise, without the need for our written consent, provided there is thereby no implied endorsement or sponsorship of you, your company or your website by us.
We reserve the right to assign or subcontract any or all of our rights and obligations under these terms and conditions to a third party. If we exercise this right, we shall name the assignee or subcontractor on the Website and you will be entitled to terminate the account within 5 working days. You may not without our prior written consent assign or dispose of any rights or obligations arising under these terms and conditions.
If any of these terms and conditions shall be held to be invalid or unenforceable, it shall not affect the enforceability of any of the remaining provisions.
These terms and conditions shall be governed by laws of Thailand and in all cases will be in jurisdiction of Pattaya.
If you do not agree to obey these terms and conditions you must stop using the Website immediately.
All correspondence relating to the Website should be sent to:
Exact Trading Company Limited,
46/131 Moo 4,
Chaiyapruk 2 Rd,
Huay Yai, Banglamung,
Telephone: 038 076 096 Or 089 404 9317
Monday - Friday: 9am - 6pm
Company Tax ID number 0205555039440