This document is an electronic record in terms of the Information Technology Act, 2000, and rules there under, as applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The Services We Provide
Registration and Use
You understand that for the purpose of effectively using the Website you may be required to provide accurate information including but not limited to your name, address, mobile number and e-mail id (collectively referred to as “User Content”). You represent that you have all rights required to provide the information that you have provided to the Website, including the User Content and represent that they are true and accurate.
You agree and understand that this Website and the contents are intended for people who are 18 years of age or above. You hereby represent that you are 18 years of age or above and competent to contract.
You will be solely responsible for your acts on the Website including those conducted under the username assigned to you. You understand and agree that BaanFinity.com may, in our sole discretion, terminate your access to the Website without notice and you waive any right to claim access to the Website or any other claim that you may have. Any data of your usage may be retained or deleted at BaanFinity.com’s sole discretion. You agree that the User Content uploaded can be used and viewed by other third parties who access the Website.
By using our Services and providing us with your contact information, you agree that we can send you communications about our Services. By using our Services or by filling out any forms/agreements on or through the Services, providing us with information or making an inquiry, you acknowledge that we have an established business relationship with you and you expressly consent to being contacted by us or our service providers, whether by phone, mobile phone, text (SMS), email, postal mail or otherwise. From time to time, when you call us we may wish to record those phone calls for quality assurance and customer satisfaction purposes. In those jurisdictions where consent is required in order for a party to record any telephone call, you consent for us to record your call when you call us.
Prohibited Use: In relation to the use and access of the Website its content and features, you agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information that:
belongs to another person and to which you do not have any right to;
harms minors in any way;
impersonates another person;
Other than when acting as a real estate developer, property manager or real estate broker list advertisements related to real estate such as residential listings, commercial listings, rental listings, paying-guest listings, hostel listings and service apartment listings on the Website, upload, transmit or publish any information on behalf of a third party, including any User content of any person other than you, and more specifically, you will not impersonate another person;
Upload, transmit or publish any information or material which is grossly harmful, harassing, blasphemous, threatening, abusive, obscene, derogatory (in any form), defamatory or libelous, discriminatory, racially or ethnically objectionable, contains pornography, paedophilic, invasive of another’s privacy, hateful, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
Violate the privacy or publish any personal information of any person except to the extent specifically approved by such person and only to the extent absolutely necessary to advertise such real estate property;
Upload, transmit or publish any viruses or other malware to corrupt, interrupt, limit, destroy or otherwise impact the Website, BaanFinity.com’s computer systems or the computer systems of other users or third party systems;
Upload transmit or publish anything which you do not have the rights to or any material which infringes on the intellectual property rights (in whatever form including but not limited to any patent, trademark, copyright or other proprietary rights) of any third party;
deceives or misleads the addressee about the origin of any messages or communicates any information which is grossly offensive or menacing in nature;
threatens the unity, integrity, defense, security or sovereignty of Thailand, friendly relations with foreign states, or public order or causes incitement to the commission of any offence or prevents investigation of any offence or is insulting any other nation;
Access the Website in any unauthorized manner, including by hacking or using log in credentials of any other user; and
Use the Website for any unauthorized marketing purposes or for sending any unsolicited materials.
Deal with Us in Good Faith: By creating an account, you agree that you are signing up for BaanFinity.com’s Services in good faith, and that you mean to use them only for their intended purposes as real estate information tools and for no other reason.
Security: While BaanFinity.com works to protect the security of your content and account, we cannot guarantee that unauthorized third parties will not be able to circumvent our security measures. Please notify us immediately in the event of any compromise or unauthorized use of your account. You are also responsible for maintaining the confidentiality of your account information and for ensuring that only authorized individuals have access to your account. You are responsible for all actions taken or content added through your account.
Our Rules About Your Data Privacy
Our Rules About Your Content
Your Content Is Your Responsibility: You are solely responsible for any messages, reviews, text, photos, videos, graphics, code, or other information, content or materials that you post, submit, publish, display or link to through the Services or send to other BaanFinity.com users.
Be Truthful: You agree to provide accurate, complete, current, and truthful information when you add or edit facts about your home or otherwise provide content via the Services.
Do Not Post Illegal or Harmful Content: You agree not to post, submit, or link to any User Content or material that infringes, misappropriates, or violates the rights of any third party (including intellectual property rights) or that is in violation of any federal, state, or local law, rule, or regulation. You also agree not to post, submit or link to any User Content that is defamatory, obscene, pornographic, indecent, harassing, threatening, abusive, inflammatory, or fraudulent, purposely false or misleading or otherwise harmful.
Do Not Violate Others’ Rights: You agree not to post copyrighted material without permission from the owner of the copyright. This includes, for example, photographs or other content you upload via the Services. You also agree not to disclose confidential or sensitive information. This includes but is not limited to information about neighbors or other information that would potentially be viewed as an invasion of privacy.
You Grant BaanFinity.com a License to Use Your Content: When you provide User Content via our Services, you grant BaanFinity.com a royalty-free, perpetual, irrevocable, and fully sublicensable license to publish, reproduce, distribute, display, adapt, modify and otherwise use your User Content in connection with our Services. We will not pay you or otherwise compensate you for the content you provide to us.
Your Content May Be Made Public: You understand and agree that any User Content that you post or submit to BaanFinity.com may be redistributed through the Internet and other media channels, and may be viewed by the general public.
We reserve the right in our sole discretion to edit or remove information or materials provided by you.
Rules for Real Estate Professionals
Information Provided by Real Estate Professionals: If you are a real estate professional, you agree that you will not claim or submit listings that do not belong to you. When you submit or claim a listing, you hereby agree to abide by the User Terms and Conditions signed by you.
If you are a developer/promoter, as defined under the Real Estate (Regulation and Development) Act, 2016 (‘RERDA’), you represent that the project, being advertised using the medium of BaanFinity.com, has been duly registered with the Real Estate Regulatory Authority and satisfies all the requirements specified under the said Act.
If you are a real estate agent, as defined under the RERDA, you represent that you are a duly registered real estate agent as defined under the said Act. You agree that, you will not facilitate/advertise/list the sale or purchase of any plot, apartment or building, as the case may be, in a real estate project or part of it, being sold by the promoter/developer in any planning area, which is not registered with the Real Estate Regulatory Authority. You also agree that you will not permit publication or advertisement of services, using BaanFinity.com as a medium, that are not intended to be offered in the real estate project.
If you are a real estate professional, you agree, understand and acknowledge that in any and all listings/advertisements of the real estate projects on the Website, you shall mention prominently the address of the Real Estate Regulatory Authority wherein all details of the registered project have been entered including the registration number issued by the said Authority.
BaanFinity.com User Content Provided to Real Estate Professionals: If you are a real estate professional, you agree that you will not use any information about BaanFinity.com users that is transferred to you during your use of BaanFinity.com’s Website or Services (e.g., contact information sent to you when a user contacts you through your listing page) for any reason except to provide those users with real estate services. You further agree never to use such information for any illegal or harmful purpose.
Intellectual Property and Licenses
You agree and understand that:
The contents of the Website including but not limited to the information, logos, designs, databases, arrangement of databases, user interfaces, response formats, videos, testimonials, software, audio, pictures, icons, are the sole property of BaanFinity.com or our licensors. All intellectual property in and to the Website and its contents and functionalities shall vest solely with BaanFinity.com or our licensors.
To the extent required, you grant BaanFinity.com a non-exclusive, royalty free, worldwide, transferrable, sub-licensable right to host, display, demonstrate, publicly perform, use, reproduce, format, and distribute any materials, trademarks, trade names and other forms of your intellectual property which you have provided to BaanFinity.com.
You have no right to make any copies of the whole or part of the Website or any of the content therein.
You have no rights to remove, modify (including removing any copyright notices or proprietary markings) any part of the Website save for any User Content that belongs to you.
You have no right to use any search mechanisms other than that provided on the Website and you will not use any web-crawler or any data harvesting tools to harvest data of any sort from the Website.
If you are found to be in violation of this clause BaanFinity.com reserves the right to terminate your access to the Website immediately.
Our Materials Are Protected: All materials in BaanFinity.com’s Website and Services, including our branding, trade dress, trade names, logos, design, text, search results, graphics, images, pictures, page headers, custom graphics, icons, scripts, sound files and other files, and the selection and arrangement and compilation of information thereof (collectively “Materials“), are proprietary property of BaanFinity.com, our suppliers, our licensors, or users, and are protected by Thailandn and international intellectual property laws, including copyright and trademark laws. Our Materials cannot be copied, imitated, or used, in whole or in part, without our prior written permission. You may not use any meta tags or any other “hidden text” utilizing “BaanFinity.com” or any other name, trademark, or product name of BaanFinity.com without our permission.
Our Use of Third Parties’ Marks Does Not Imply Endorsement: All other trademarks, registered trademarks, product names, and logos appearing on our Website and Services are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Third-Party Links, Sites, and Services
BaanFinity.com is an intermediary as defined under sub-clause (w) of Section 2 of the Information Technology Act, 2000.
THIS WEBSITE, THE MATERIALS, AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALL USE OF HOUSING.COM’S WEBSITE, MATERIALS, AND SERVICES IS AT YOUR SOLE RISK.
WE SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ANY WARRANTIES arising out of the course of dealing or usage of trade.
BaanFinity.com takes no responsibility and assumes no liability for any User Content or other content, including links to web pages, that you or any other user or third party posts or transmits using our Website or Services. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children or otherwise unsuited to your purpose.
BaanFinity.com is not responsible in any way for, does not monitor, and does not endorse or guarantee anything about any third-party content (including advertisements, offers, and promotions) that may appear in our Website or Services.
BaanFinity.com does not represent in any manner that:
The information, data or contents of the Website are accurate;
The Website will be available at all times and will operate error free or that there will be uninterrupted access and service;
The integrity of the information on the Website or information you upload will be maintained;
We endorse any of the views of any of the users who may have posted content;
We have verified or guarantee the quality of services or representations made by any user of the Website;
We have verified the credit worthiness of any user;
We have screened or verified any of the information posted herein, unless otherwise specifically so stated on the Website; and
The Website or any content is free from viruses or other malware.
Any verification conducted by BaanFinity.com shall be limited to the capture, by an employee or agent of BaanFinity.com, of photographs of the property that is the subject matter of a listing or advertisement, and the other data level checks solely to avoid any fake listings, listings without photos, and duplicate listings on the Website. The photographs and such verified data are then listed on the Website and are available for viewing by all persons who visit the specific pages associated with a ‘verified listing’. Please be aware that the photographs and/or such verified data are specific to a particular time and that what you see in them may have subsequently been altered. We do not take any responsibility for the accuracy of the photographs and/or data or for keeping the photographs and/or data updated. The photographs are intended only as a preliminary visual guide to the wording of the listing and it shall be entirely your responsibility to visit, view and determine the suitability (for your needs) of any property listed on the Website prior to entering into any transaction with respect to the same.
The details provided on the relevant pages of the Website, such as images, floor plans, rates, amenities, etc. are merely indicative and provided for information purposes. The actual details / information shall be provided only be the relevant advertiser/lister of the particular real estate unit. The information shown on the Website is merely indicative and shall not be treated as final or conclusive for any purpose whatsoever. Further, any or all the furniture, fixtures, accessories shown in the floor plan of any real estate unit is only indicative and may/may not be a part of the actual product offering by the relevant advertiser/lister of the real estate unit. Such information / confirmation may only be sought from / provided by the relevant advertiser / lister. Neither the Website nor BaanFinity.com shall be in any manner liable or responsible for any loss suffered by the user due to advances or deposits made by them relying on the information given in the advertisement, published on the BaanFinity.com, by the Developer/Promoter or the Real Estate Agent, for the reason of it being incorrect. The Website is only a platform for the advertising of opportunities for transactions that two users of the Website may enter into outside of the auspices of the Website or the Services provided by BaanFinity.com. Any contractual or commercial agreements / deals / transactions / negotiations are agreed to between users alone and neither the Website nor BaanFinity.com shall be in any manner liable or responsible for these commercial arrangements. BaanFinity.com is not responsible for any breach of any contract concluded by any of the user/s. BaanFinity.com does not stock / underwrite / deal / rent / block any immovable property directly or indirectly. There are risks, which the User assumes when dealing with people who might be acting under false pretences and the same shall be borne by the User. The Website is a venue only and does not screen or/and censor or/and otherwise control the listings offered to other Users, nor does BaanFinity.com screens or/and censors or/and otherwise controls the Users of its Service. BaanFinity.com cannot and does not control the behaviour of the participants on this Website. We cannot control whether or not Users of BaanFinity.com will complete the transactions they describe on our Website. It is extremely important that the User takes care throughout his dealings with other people, users on this site. BaanFinity.com does not accept or/and assume responsibility for the content or/and context of the user comment.
Your use of the Website and its functionalities shall not act to make BaanFinity.com your agent in any form or manner. In case a visitor to the Website is desirous of conducting a site visit of the property he/she is interested in, it shall be the sole liability and duty of the advertiser to arrange for such site visits. BaanFinity.com shall not be liable in any manner whatsoever, towards any liability and/or costs, arising out of such site visits including but not limited to non-fulfillment by the advertiser in this regard. Any disputes between you and any other user/s are to be resolved between you and such user/s only and BaanFinity.com is not responsible and shall not be required to mediate or resolve any disputes or disagreements between such users. You acknowledge and agree that you cannot and will not enjoin BaanFinity.com or our affiliates, officers, employees, agents and professional advisors as a party to any such dispute.
You expressly release BaanFinity.com, our affiliates, officers, employees, agents and professional advisors from any cost, damage, liability or other consequence of any of the actions of the users of the Website.
Limitation Of Liability
IN NO EVENT SHALL HOUSING.COM, OUR OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE, THE MATERIALS, OR OUR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
BaanFinity.com takes no responsibility/liability whatsoever for shortage or non fulfillment of the Service/ on the Website or any other related site due to or arising out of technical failure or/and malfunctioning or/and otherwise and the User hereby undertakes that in such situation/s, the User shall not claim any right/damages/ relief, etc against BaanFinity.com for “Deficiency of service” under The Consumer Protection Act or any other Act/Rules, etc.
BaanFinity.com shall not be liable for any and all costs, charges, expenses, etc incurred in relation to the downloading fees by third party, airtime, ISP connection costs, etc., of which are to be borne by the user personally.
BaanFinity.com shall not be responsible for any malfunctioning, non-functioning of the mobile phone or any other application, and or any damage, loss, either direct or indirect arising out of the use of the Housing mobile application on your mobile phone.
Termination: BaanFinity.com reserves the right to terminate your access to the Website at any time, in our sole discretion. You acknowledge BaanFinity.com’s right to do so and waive any claim that you may have arising from such termination. Notwithstanding the termination of access, all provisions, which by their nature are intended to survive, shall survive termination and continue to be applicable.
Force Majeure: In no event shall BaanFinity.com be liable for any acts beyond our control including but not limited to any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorised access to or alteration of customer’s data/information. BaanFinity.com shall not be responsible for any problem or technical malfunction on-line-systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problem or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to any customer and/or members or to any other person’s computer related to or resulting from participating or downloading materials/information from the website or for any acts of god.
Access: BaanFinity.com does not make any claim that the Website and its contents may be lawfully viewed or accessed in the jurisdiction you are viewing it in. You are solely responsible for complying with the laws applicable to you.
Cancellation/Refund Policy: While availing any of the payment method/s available on the Website, BaanFinity.com will not be responsible or assume any liability whatsoever in respect of any loss or damage arising directly or indirectly to you. All payments made on the Website, including payments made toward apartment bookings, are non-refundable. In the event payment is deducted from the User’s account with non-completion of the booking, the exact amount shall be refunded to the User via the same mode of payment within 3-5 working days. All commercial terms are on a principal-to-principal basis between the Buyer and the Seller and BaanFinity.com’s payment facility is merely used by the Buyer and the Seller to facilitate the completion of the transaction. Use of the payment facility shall not render BaanFinity.com liable or responsible for the non- completion, non-payment, damage, breach of representations and warranties or fraud as regards the projects listed on BaanFinity.com’s Website. Neither the Website nor BaanFinity.com shall be in any manner liable or responsible for any loss or damages suffered by the user due to advances or deposits made by them relying on the information given in the advertisement, published on the BaanFinity.com, by the Developer/Promoter or the Real Estate Agent, for the reason of it being incorrect.
Complaints and Grievance Redressal
Redressal Mechanism: Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to ……………………………….. @baanfinity.com or Mr. …………………… (“Grievance Officer”).
Mr. ……………………………….. (Grievance Officer)
We request you to please provide the following information in your complaint so that BaanFinity.com may be in a position to verify details or check the authenticity of the complaints:-
(a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint
(b) Identification of the copyrighted work claimed to have been infringed.
(c) Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
(d) The address, telephone number or e-mail address of the complaining party
(e) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
(f) A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.
Modification of BaanFinity.com Services: BaanFinity.com reserves the right to modify or discontinue (completely or in part) our Website, Services, or any content appearing therein. BaanFinity.com will not be liable to you or any third party if we exercise this right.
Notices: Any notices or other communications that you wish to send to BaanFinity.com may be addressed to the registered office mentioned above.
Dispute Resolution: Unless you have entered into an additional agreement with BaanFinity.com that provides for an alternative dispute resolution mechanism, you agree that any dispute arising between you and BaanFinity.com which cannot be resolved amicably, shall be conclusively resolved by a sole arbitrator. The Arbitration shall be conducted as per the Arbitration rules laid down under the Arbitration and Conciliation Act, 1996, and any modification/amendment effected thereafter from time to time. The arbitration shall be conducted in the English language and the award passed by the Arbitrator shall be final and binding on both parties. The cost of arbitration shall be borne by you, unless awarded otherwise.