These Glassflower Group General Terms and Conditions (hereinafter referred to as “the Glassflower’s Terms”) set out the complete terms and conditions, rights and obligations of Glassflower Co., Ltd., including its any and all Affiliates (hereinafter referred to as “Glassflower”), and you, regarding your booking and purchase of Glassflower’s products and services.
It is important that you read and understand the Glassflower’s Terms. If You do not agree to the following Glassflower’s Terms or are not authorised to do so as well as are not intending to do booking and purchase of Glassflower’s products and services within conditions other than stated hereof, you should discontinue your booking and purchase.
By entering into the Glassflower’s Terms, you are willing to become the Glassflower’s Customer, in this regard to do booking and purchase of Glassflower products and services under the Glassflower’s Terms and provide Glassflower with all necessary information required to be fulfilled on Glassflower’s Internet Sites as well as comply with your rights and obligations under the Glassflower’s Terms hereof.
You hereby grant Glassflower a right to use your personal data required to be fulfilled on Glassflower’s Internet Sites, to process your payment details, to make all necessary announcements and orders to you, and any and all other requests in connection with your booking and purchase of Glassflower’s products and services and in accordance with the Glassflower’s Terms hereof.
“Glassflower’s Confidential Information” means full or partial knowledge, data or information relating to the activities or business of each Party that may be either in tangible or intangible form, expressed orally, in writing or in any other form, including, but not limited to, financial information and data, business and financial plans, budgets, prices, marketing strategies, market information, strategic information, information relating to clients, accounting records, including revenues, business secrets, patents, copyrights, trademarks (whether registered or not), trade secrets, service marks, logos, designs, drawings, inventions, invention studies (whether patentable or unpatentable), patterns, mask works, domain names and registrations, trade names, secret formulae, secret processes, computer programs, technologies, processes, systems, ideas, know-how, sector affiliation, photos, computer programs, templates, source and object codes, manuals, reports, records and any other intellectual property or proprietary rights in whatever form of expression; any and all enhancements or derivative works of any of the foregoing; and any and all applications for any of the foregoing, in all countries in the world. The Glassflower’s Confidential Information is possessed only by Glassflower and has actual or potential commercial value due to its obscurity to third parties, to which third parties do not have free access in pursuance of the law.
“Glassflower’s Internet Sites” means any websites, which are in possession of Glassflower, mainly www.glassflower.co.th and www.glassflowertrips.com.
“Glassflower’s products and services” means any type of Services, etc. which are suggested by Glassflower for booking and purchase by a Customer at specified prices, clauses, etc. and in accordance with other conditions set by Glassflower. The Glassflower’s products and services are available in the Glassflower’s Internet Sites.
“Affiliates” means any entity or person (or collectively entities or persons) who directly or indirectly controls, or is controlled by, or under common control with Glassflower Co., Ltd. For purposes of this definition, “control,” “controlling,” and “controlled” mean having beneficial ownership of more than 50% of the ownership interests of such person or rights to exercise more than 50% of the voting rights of such person, having the right to elect a majority of the board of directors or other comparable body responsible for management and direction of a person by contract, or having the power to direct or cause the direction of the management and policies of such person, whether by virtue of ownership interests or voting securities, by contract or otherwise.
“Business Day” means any day (other than Saturday or Sunday or holidays) on which banks are open for general business in Glassflower’s legal domiciles.
“Carriers” means any legal entity or person (or collectively legal entities or persons), who provides and renders relevant type of Services to customers pursuant to a contract of provisions of services concluded between him and them (in the form of tickets or any other) and in accordance with all established procedures, applicable laws and legal requirements, enactments, orders, security guidelines, rules and regulations and other similar legal instruments.
“Customers” means any person or entity who is willing to book and purchase Glassflower’s products and services on the Glassflower’s Internet Sites and Mobile Applications and under the Glassflower’s Terms.
“Good Industry Practice” means the exercise of that degree of skill, diligence, prudence and foresight which would reasonably and ordinarily be expected from a skilled and experienced contractor acting in good faith.
“Insurance Vouchers” means offers of insurance services included in a scope of the Services which are provided by a Supplier and/or Carrier at defined prices with defined scope of services and reimbursement, etc. are types of the Glassflower’s products and services.
“Personal data” means any information relating to an identified or identifiable natural person, who can be identified, directly or indirectly, in particular by reference to an identifier of that natural person (including but not limited to a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity, etc.). In connection thereto, the definitions of “personal data” may vary depending on the regulations which are applicable in each case (including but not limited to the provisions of the General Data Protection Regulation (EU) 2016/679, the Singapore Personal Data Protection Act (No. 26 of 2012), the Thailand’s Personal Data Protection Act 2019).
“Services” means any type of an activity, entertainment services relevant to recreation and leisure, including vehicle (or any other mode of transport) rental services; and/or hotel services, services of Customers accommodation (including Customer’s baggage and belongings) in a certain type of lodging (buildings, apartments, dorms, villas, flats, rooms, etc. or any other); and/or transport services, services of Customers transportation (including Customer’s baggage and belongings) to a certain destination; and/or visa support services, services of Customers visas providing or assistance in applying for visa(s) (including but not limited to personal documents collection, embassy appointment , other relevant visa support), and/or insurance services (any available insurance instruments (variable from region to region) which may be presented as contracts to protect Customer’s life, health, Customer’s baggage and belongings and any other property during their trip based on purchased tickets, against any possible loss and or damage, including a reimbursement of health care costs, repayments of death benefits to designated beneficiaries for life insurance policyholders and any other relevant and designated reimbursement), provided and rendered by a Supplier and/or Carrier in accordance with booked and purchased tickets and/or insurance vouchers.
“Suppliers” means any legal entity or person (or collectively legal entities or persons), who acts on behalf of any Carrier pursuant to agreements or commercial relationships between them, and in accordance herewith provides Customers with information related to relevant type of Services of such Carrier. All information, type of Services, etc. belong to and are controlled by a certain Supplier and/or Carrier.
“Tickets” means offers of certain types of Services which are provided by a Supplier and/or Carrier at defined locations, on defined dates, at defined prices, etc. Tickets are types of the Glassflower’s products and services.
By entering into the Glassflower’s Terms, you acknowledge and guarantee the full entitlement and authority to enter into the Glassflower’s Terms and any other documents executed by Glassflower that may be associated with the Glassflower’s Terms, such a right shall be expressed by direct consent with Glassflower’s Terms within your booking and purchase of Glassflower’s product and services on the Glassflower’s Internet Sites (by means of clicking the checkbox “I accept Terms and Conditions and Privacy Policy” placed in the booking and payment window on the Glassflower’s Internet Sites).
You have no right to enter into the Glassflower’s Terms if you are not a Glassflower’s Customer, and / or are direct or indirect competitor of Glassflower and are entering into the Glassflower’s Terms with the certain intent to affect on the competition in order to oust Glassflower from relevant markets.
You shall not be entitled to be a Glassflower’s Customers if you:
You agree with all terms and conditions arising from the Glassflower’s Terms and acknowledge and guarantee not to enter into the Glassflower’s Terms if you do not conform to the above eligible requirements, otherwise any and all agreements and deeds concluded with you under the Glassflower’s Terms shall be treated as void and Glassflower shall not accept any liability or demands whatsoever resulting from such void agreements and deeds as well as you shall return everything received from Glassflower upon such agreements and deeds and promptly repay / reimburse any amount paid by Glassflower to you.
You acknowledge and guarantee that after entering into the Glassflower’s Terms in compliance with requirements stated hereof you become liable for your entire obligation arising from the Glassflower’s Terms and other agreements and deeds concluded with Glassflower under the Glassflower’s Terms, and accept such responsibility for the business entity, company or legal person which you present and act on its behalf as well as for all its assigns, assignees, successors, employees, etc.
By entering into the Glassflower’s Terms Glassflower grants you the right to book and purchase all available Glassflower’s products and services (subject to a certain Supplier and/or Carrier restrictions) on the Glassflower’s Internet Sites, in connection with it to make other orders towards your booking and purchase (subject to Glassflower’s approval).
By entering into the Glassflower’s Terms you shall:
You hereby warrant and acknowledge:
to register in the Glassflower’s Internet Sites and make booking and purchase of the Glassflower’s products and services with your official name and details and in accordance with the eligible criteria under the Glassflower’s Terms. Registration under wrong names and details, pseudonyms or in an abusive way is not allowed.
Glassflower shall solely determine methods of providing to you Glassflower’s products and services and all relevant information which are available on the Glassflower’s Internet Sites.
Glassflower shall have the full entitlement to use and monitor your personal data, payment details and any other details provided by you in connection to your booking and purchase of the Glassflower’s products and services on the Glassflower’s Internet Sites in order to process your booking and purchase stated herein, to ensure that you are complying with the Glassflower’s Terms, to monitor your usage of the Glassflower’s Internet Sites.
Glassflower may deny access to the Glassflower’s Internet Sites and/or to booking and purchase of Glassflower’s products and services, reject such booking and purchase as well as delete accounts under the wrong names and details, pseudonyms or created in an abusive way, etc.
Glassflower is entitled in its sole discretion to deny access to the Glassflower’s Internet Sites and/or to booking and purchase of Glassflower’s products and services at any time and for any reason, including, but not limited to, for violation of the Glassflower’s Terms.
Glassflower shall use a working tracking-system which is able to determine your ID or any other personal details as well as Glassflower uses cookies which allow Glassflower to recognise any of (yours) computers when visiting the Glassflower’s Internet Sites. If a “cookie” is used the tracking time shall be at least thirty (30) days. You shall be immediately informed if any relevant part of the tracking system or content delivery system is modified within a reasonable period of time and if changes need to be done by you. The period of time shall be determined by the complexity of the changes. In the event the tracking system is not working properly, you shall be informed immediately in order to be able to take Glassflower’s content offline. If tracking is not done by a third party, you may ask Glassflower for comparison of Glassflower’s internal data to verify the correctness of the tracking.
You hereby guarantee that you have full entitlement to make booking and purchase of the Glassflower’s products and services as well as making payments for them on the Glassflower’s Internet Sites.
The Glassflower’s products and services for booking and purchase are available on the Glassflower’s Internet Sites. While using the Glassflower’s Internet Sites and making booking and purchase of the Glassflower’s products and services you are solely responsible for the accuracy of the information, filled by you, your search requests, navigation through the Glassflower’s Internet Sites, checking of the availability of the Glassflower’s products and services, understanding and awareness of all information you obtained in connection to your booking and purchase of the Glassflower’s products and services. Glassflower is not responsible for your activities in connection with it.
You hereby acknowledge and understand that you are solely responsible for checking, understanding and complying with all policies, terms, procedures, enactments, orders, security guidelines, rules and regulations and other similar instruments (including but not limited to bookings, changes, modifications, cancellation and refunds) in connection to booking and purchase of the Glassflower’s products and services; which may be established by Glassflower and/or Suppliers and/or Carriers, and may be (but not obligatory) available on the Glassflower’s Internet Sites.
While making booking and purchase of the Glassflower’s products and services on the Glassflower’s Internet Sites you are entitled to choose any applicable payment option, currencies, etc. provided by Glassflower.
Glassflower is fully entitled to apply services fees for booking and purchase of the Glassflower’s products and services. Such fees are set additionally to the fares provided by a certain Supplier and/or Carrier, and may constitute a fee be due to Glassflower for booking and purchase and other assistance (support) services in connection hereto. You acknowledge that Glassflower’s service fees are fully payable by you and not the subject to refund policies.
You hereby acknowledge and understand that you are solely responsible for checking, understanding and complying with all all policies, terms, procedures, enactments, orders, security guidelines, rules and regulations and other similar instruments (including but not limited to the process of payments, their changes, modifications, cancellation and refunds) in connection to your payments for the booked Glassflower’s products and services; which may be established by Glassflower or by a payment operator, bank or financial institution, the method of which you selected for your payment for the Glassflower’s products and services, and may be (but not obligatory) available on the Glassflower’s Internet Sites.
Glassflower is solely entitled to choose any preferable payment method and apply any real-time exchange rate of any preferable bank and/or payment operator and/or financial institution.
All payments are deemed to be inclusive of any tax, bank commission or similar to them. You are responsible for paying all costs and expenses incurred in connection with payments unless otherwise prior agreed with Glassflower. You are also responsible for paying taxes in accordance with all applicable laws and regulations, Glassflower shall have no such responsibility on your behalf.
Glassflower shall be entitled, but not obliged, to set-off any amount owed to you as a result against future payments.
You hereby acknowledge and understand that booked, purchased and confirmed Glassflower’s products and services may be changed or cancelled (by Glassflower and/or by a certain Supplier and/or Carrier or by virtue of any other reason), and you shall not be entitled for the future performance. In such cases, Glassflower shall undertake to exert reasonable effort to notify you directly of the cancellation or change of the purchased Glassflower’s products and services, and to provide assistance services (support). Where it is applicable you may be subject to refund policies, however depending if such policies are applicable by a certain Supplier and/or Carrier, Glassflower is not responsible for a refund due to you in case it is not covered by such policies.
In the Glassflower’s Internet Sites you are able to review all your bookings and purchases of the Glassflower’s products and services, your personal and payment details and statements, any other relevant information in connection with it. Glassflower shall endeavour to ensure that such details and statements will be updated immediately but has no obligation to do so, all such details and statements are for information purposes only.
Glassflower in its complete discretion is entitled to modify, alter or amend as well as to withdraw or deny your bookings and purchases, payment options and other details stated hereof, at any time by giving notice to you. In such a case, you are able to select any other bookings and purchases, payment options and other details on the Glassflower’s Internet Sites or provided by Glassflower.
Glassflower believes in protection of any of your privacy information and processes your personal data in accordance with the Glassflower’s Privacy Policy. Your personal data should enjoy appropriate protection and be the subject of confidentiality.
You grant the full entitlement to Glassflower to use any of your personally identifiable information and other information gathered by Glassflower from you under the Glassflower’s Terms and share with its Affiliates and business partners (agents, distributors, subcontractors, and other affiliates) or other third parties, if applicable under the relevant laws and regulations, to ensure the performing of Glassflower’s products and services booked and purchased by you.
Glassflower grants you a non-exclusive, free of charge, and worldwide right and licence to use the Glassflower’s Internet Sites in order to get all necessary information in connection to your booking and purchase of the Glassflower’s products and services, as well as to make the stated bookings and purchases.
You acknowledge that the ownership of all title in and to all intellectual property rights, including patent, trademark, service mark, copyright, and trade secret rights, in all products provided by Glassflower or became available to you and the underlying technology including but not limited to the software, source and object code, and know-how embodied and expressed in all products of Glassflower, including its architecture, structure, sequence, and organisation, any inventions, drawings, performances, software, databases and methodologies in or specifically related to such products, website, advertisements, promotional literature, mailers and catalogues shall remain with Glassflower at all times (“Glassflower’s products and IPR”). You acquire only a limited right and licence to use Glassflower’s products and IPR under the Glassflower’s Terms and do not acquire any ownership rights or title in Glassflower’s products and IPR, either express or implied.
You shall not copy, translate, disassemble, or decompile, re-sell, grant any rights to third parties, lease, time-share, lend or rent any of Glassflower’s products and IPR, nor create or attempt to create, by reverse engineering or otherwise, the source code from the object code of the Glassflower’s products and IPR, and the underlying technology licensed hereunder or use it to create a derivative work, unless authorised in writing by Glassflower.
You shall also not commit or permit or otherwise cause the commission of any abuse such as (a) sharing passwords and other authentication credentials; or (b) permitting the use of the Glassflower’s products and IPR by any third party in a manner that subverts the need of such third party to purchase rights of use for the Glassflower’s products and IPR. Other than as specified hereof, any tools licensed with or included in the Glassflower’s products and IPR may not be copied, in whole or in part, without the express written consent of Glassflower.
You shall in no manner whatsoever remove any proprietary, copyright, trademark or service mark of Glassflower from the Glassflower’s products and IPR.
You shall immediately notify Glassflower if any claim or demand is made or action brought against it for any infringement or alleged infringement of any of Glassflower’s products and IPR.
You acknowledge and guarantee that you won’t in any way register, apply for, merchandise, sell, offer, solicit, sub-license, provide, grant access, forward, publish or distribute domain names similar to those of Glassflower as well as all Glassflower’s products and IPR.
Nothing in the Glassflower’s Terms purports to grant a licence, provide any warranty or offer any indemnity in respect of any data that is not owned by the Glassflower. In the event if you require an access to any such data, you agree to give to Glassflower an opportunity to secure rights to the same and (if it becomes necessary to do so) you shall be obliged to pay all costs of securing a licence to the same from the relevant third party data owner otherwise Glassflower may immediately terminate any agreement made with you in connection with the Glassflower’s Terms.
You acknowledge that the security of Glassflower’s products and IPR, and any other systems and data in connection with it is fundamental for cooperating with Glassflower. If you become aware of a breach or potential breach of security relating to Glassflower’s products and IPR, you shall immediately notify Glassflower of such breach or potential breach and use your best endeavours to ensure that any potential breach does not become an actual breach and / or to remedy any actual breach and its consequences.
You shall not use the Glassflower’s Confidential Information for any purpose other than in pursuance of your rights and obligations under the Glassflower’s Terms, nor disclose the Glassflower’s Confidential Information to any person except with prior written consent of Glassflower and shall follow Good Industry Practice to prevent use or disclosure of the Glassflower’s Confidential Information.
Such obligations will not apply to any Confidential Information that:
Any unauthorised disclosure of the Glassflower’s Confidential Information shall mean any action or inaction of you as a result that the Glassflower’s Confidential Information in any possible form or way (oral, written, electronic or other, including through technical hardware, etc.) becomes known to third parties without prior written consent of Glassflower.
In case of the unauthorised disclosure of the Glassflower’s Confidential Information by you, you shall undertake all measures to prevent all losses or other negative consequences and effects to Glassflower caused by such loss or such disclosure as well as further disclosures. In any case, you shall be liable for any unauthorised disclosure of the Glassflower’s Confidential Information, and Glassflower will have a full entitlement for propriety reimbursement from your side including but not limited to court proceedings, reimbursement of real and potential damages, consequential losses and loss of profit, reasonable legal costs and expenses and VAT thereon if applicable, recovery of business reputation, termination of contracts concluded by you in the breach of Glassflower’s Terms and unauthorised disclosure of Glassflower’s Confidential Information.
The Glassflower’s Confidential Information may be disclosed without prior written consent only in the following cases:
You may disclose the Glassflower’s Confidential Information to the business entity, company which you present and act on its behalf as well as to its directors, officers, employees, advisers, agents and representatives to the extent that such disclosure is reasonably necessary in order to comply with its obligations under the Glassflower’s Terms. At the same time, you shall be responsible for any breach by such persons, stated hereof for any unauthorised disclosure of the Glassflower’s Confidential Information.
If there is no any necessity in the Glassflower’s Confidential Information use pursuant to a requirement of Glassflower or in case of termination or expiration of any agreement made with you in connection with Glassflower’s Terms, you are obliged to return all originals and all copies of the Glassflower’s Confidential Information to Glassflower, or destroy all copies of the Glassflower’s Confidential Information in your possession, and (if so requested by Glassflower) shall use all reasonable endeavours to destroy all copies of the Glassflower’s Confidential Information stored electronically except to an extent that it is obliged to retain such information under any law and regulation.
The confidentiality and non-disclosure terms stated hereof shall survive any cooperation between you and Glassflower made in connection with the Glassflower’s Terms.
You acknowledge that at anytime you shall not use Glassflower’s Confidential Information, Glassflower’s products and IPR, including also confusingly similar spellings of trademarks, designations or brand names, as an internet domain or as part of a domain name, or in connection with internet search engine advertising such as, for example, Google, AdWords, Yahoo Search Marketing, Bing or any other sponsored links (keyword search marketing), neither as keywords, nor in advertising texts including title, text and displayed URL. Furthermore, this obligation must also be considered extended to the possible inclusion of negative or erroneous words relating to the Supplies and/or Carriers brands in the search engines.
Nothing in the Glassflower’s Terms shall constitute, or be deemed to constitute you and Glassflower as a partnership, association, joint venture or other co-operative entity; or authorise one of both, you and Glassflower, to make or enter into any commitments for or on behalf of each other.
You shall not assign, transfer, sell, novate, declare a trust of or otherwise dispose of any of your rights and obligations under the Glassflower’s Terms, or any part thereof, without prior written consent and approval of Glassflower. Glassflower may assign or subcontract any of its rights and obligations under the Glassflower’s Terms to any company from its Group at any time without giving notice to you.
You are liable to Glassflower for all of your obligations arising from the Glassflower’s Terms.
Glassflower shall have the full right to require any reimbursement from you in following cases:
if any breach occurs due to your own default, or personally fault and omission, or fault and omission of the business entity, company which you present and act on its behalf as well as of all its assigns, assignees, successors, employees, etc.; and/or
if you do not comply with your obligations stated in the Glassflower’s Terms, and
at the same time Glassflower has been or is being involved in any reimbursement or claims against it in such cases.
Glassflower shall not accept any liability or demands whatsoever resulting from or related to any changing of any information related to the Glassflower’s products and services, to services of a certain Supplier and/or Carrier, changing and/or cancellation of booked and purchased Glassflower’s products and services, to the process of booking and purchase of the Glassflower’s products and services or fulfilment of any information described in the Glassflower’s products and services and/or contained in the Glassflower’s Internet Sites and/or requested to be fulfilled by a certain Supplier and/or Carrier, and/or to the process of the Services provision, as well as to the quality of the Services which is being provided or have been provided by a certain Supplier and/or Carrier, for the process and quality of any additional services which are being or have been provided by a certain Supplier and/or Carrier additionally to the Services.
Glassflower HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THE Glassflower’S PRODUCTS AND SERVICES PROVIDED HEREUNDER, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS ONLY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, Glassflower FURTHER DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE.
In accessing or using the Glassflower’s Internet Sites, you may be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. Glassflower does not endorse such content, and cannot vouch for its accuracy. You therefore access and use the Glassflower’s Internet Sites at your own risk.
You shall indemnify and hold harmless Glassflower from and against any and all losses, demands, claims, damages, costs, expenses (including but not limited to real and potential damages, consequential losses and loss of profit, reasonable legal costs and expenses and VAT thereon if applicable) and liabilities suffered or incurred, directly or indirectly, by Glassflower in consequence of any breach by you of your obligations under the Glassflower’s Terms.
You shall indemnify, defend and hold harmless Glassflower, its Affiliates, current and former employees, principals (partners, shareholders or holders of an ownership interest, as the case may be) and agents, from and against all claims, including third-party claims, demands, loss, damage or expense (including attorney fees) relating to:
The limitation of Glassflower’s liability for which you may commence proceedings against Glassflower to recover on any claim shall be not more than volume of total price of Glassflower’s products and services booked and purchased by you under the Glassflower’s Terms within the last six (6) months prior the date when you become aware or should reasonably have become aware of a breach and that would form the subject of the claim. The time limit within which you may commence proceedings against Glassflower to recover on any claim shall be one (1) year from the date when you become aware or should reasonably have become aware of a breach and that would form the subject of the claim.
No exclusion or limitation set out in the Glassflower’s Terms shall apply in the case of (i) fraud or fraudulent misrepresentation; (ii) death or personal injury resulting from the negligence of any both, you and Glassflower, or any of your or Glassflower’s directors, officers, employees, advisers, agents and representatives.
Both, you and Glassflower, shall not be responsible for partial or full default of obligations stipulated in the Glassflower’s Terms if such failure was by reason of Force Majeure. Force Majeure shall mean natural disasters, and other abnormal weather conditions, man-made disasters, riots, acts of war, a state of emergency, strikes, embargoes, economic blockade, international economic sanctions, acts and actions of the authorities, which led to the impossibility of execution of any of the obligations stated hereof. In the case of Force Majeure, both, you and Glassflower, shall promptly notify each other in writing form. All the deadlines for the execution of the Glassflower’s Terms shall be extended according to the time of Force Majeure. If Force Majeure is for more than two (2) months, both, you and Glassflower, shall hold additional negotiations to find acceptable alternative methods of execution of the obligations arising from the Glassflower’s Terms.
Both, you and Glassflower, shall together determine the content of any communications concerning the relationship between each other. Such communications shall be issued at a time and in a manner agreed by both, you and Glassflower.
Glassflower should send all notices and communications to you by (email and others) addresses provided by you in the Glassflower’s Internet Sites or by other way prior mutually agreed with Glassflower.
You should send all notices and communications to Glassflower with use of the Glassflower’s Internet Sites.
Notices and communications will be deemed received four (4) hours after being sent provided that if such notice would then be deemed to have been received outside the hours of 10am (10:00) to 7pm (19:00), it will be deemed to have been received at 10am (10:00) on the next Business Day.
The Glassflower’s Terms shall come into effect after the expression of your direct consent with Glassflower’s Terms within your booking and purchase of Glassflower’s products and services on the Glassflower’s Internet Sites (by means of clicking the checkbox “I accept Terms and Conditions and Privacy Policy” placed in the booking and payment window on the Glassflower’s internet Sites).
The Glassflower’s Terms shall remain in effect unless you receive the Glassflower’s products and services booked and purchased by you in full, taking into consideration that such services will be provided by a certain Supplier and/or Carrier and Glassflower will have limited responsibilities as stated hereof.
Termination or expiration of the Glassflower’s Terms does not preclude any provision of the Glassflower’s Terms, which is to operate even after expiration or termination.
The provisions of the Glassflower’s Terms shall be severable if any of the provisions hereof are held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, and the remaining provisions shall remain enforceable to the fullest extent permitted by applicable law.
The Glassflower’s Terms embody the entire agreement between you and Glassflower relating to the subject matter hereof and at any time may not be waived, amended or modified by you. Glassflower is entitled at any time to waive, amend or modify the Glassflower’s Terms without prior notification to you. The latest version of the Glassflower’s Terms is always available on the Glassflower’s Internet Sites, and you hereby represent that you shall be acquainted with the latest version of Glassflower’s Terms on your own.
You shall not at any time assign your rights and obligations arising from the Glassflower’s Terms to any third party.
Glassflower in its sole discretion may assign its rights and obligations arising from the Glassflower’s Terms to any of its Affiliates, subsidiary, branch, headquarters, affiliate persons, etc.
The Glassflower’s Terms shall be governed by and construed in accordance with the substantive laws of Singapore. Any and all disputes or discrepancies arising from the Glassflower’s Terms or in connection herewith shall be resolved by amicable settlement. Should you and Glassflower fail to resolve any such disputes or discrepancies by amicable settlement within a reasonable period of time which shall not exceed thirty (30) Business Days, any such disputes or discrepancies shall be settled by the general or arbitrary courts of Singapore. The language of proceedings shall be English.
You hereby represent that you are acquainted with all meanings of any and all expressions used hereof. In case of any doubt, you acknowledge that the meaning of any ambiguous or imprecise expression used hereof was explained to you in due course and in a due manner.
You hereby agree that you will at all times act to perform your rights, duties and obligations in connection with the Glassflower’s Terms in good faith and Good Industry Practice with respect to Glassflower and its Affiliates.
The Glassflower’s Terms are executed in English. All correspondence, all disputes and discrepancies as well as any court (arbitration) settlement between you and Glassflower shall be executed in English. In case of translation of the Glassflower’s Terms, as well as any amendment to it and correspondence upon it, into any other language, the English version prevails.
All rights reserved by Glassflower Co., Ltd.
189/185 The Palm Phala Beach, Soi 7, Ban Chang, Rayong 21130 Thailand
Version date: 26 October 2022