BY USING ANY OF THE Elephanttrail Phuket SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS OF USE. IF YOU DISAGREE WITH ANY OF THESE TERMS OF USE, PLEASE UNDERSTAND YOU CANNOT USE ANY OF THE Elephanttrail Phuket SERVICE.

1. Your Relationship with Elephanttrail Phuket
  1.1 These Terms of Use govern your use of the “Elephanttrail Phuket platform” (.rezio.shop), any other online or offline services provided by us, as well as govern your consumer activities in tourist experience through Elephanttrail Phuket (collectively referred to as the “Elephanttrail Phuket Service”).
  1.2 These Terms of Use will constitute a valid contract between you and Elephanttrail Phuket. While using any of the Elephanttrail Phuket Service, you shall accept to be bound by any and all additional terms and conditions, as may be updated from time to time, applicable to such services and Elephanttrail Phuket’s “Privacy Policy.” All such terms mentioned are hereby incorporated into these Terms of Use.
  1.3 In the event that relevant laws require or Elephanttrail Phuket deems necessary, Elephanttrail Phuket may amend or update these Terms of Use at any time without prior notice to you. If there is any change to these Terms of Use, we will post the latest version of these Terms of Use on our website (.rezio.shop), and we will indicate the date on which these Terms of Use were last updated. Your continued use of the Elephanttrail Phuket Service after an update to these Terms of Use constitutes your acceptance of the updated version. Please check the latest version of these Terms of Use when you use the Elephanttrail Phuket Service at any time.

2. The Elephanttrail Phuket Service
  2.1 Our Elephanttrail Phuket Service offers an easy and simple way to select and purchase tour itineraries, transportation services, tickets and other travel experience related services supplied by Elephanttrail Phuket or our third party suppliers (“Suppliers”) through the Elephanttrail Phuket Platform. You acknowledge and agree that the specific service selected and purchased by you is for your personal and non-commercial use only. To the fullest extent permitted by law, you also agree that we may change, suspend, discontinue or terminate any services at any time and may impose regulations or restrictions on, or amend the terms of, certain services, or limit your access to any part or all of the services, without prior notice to you.
  2.2 You may incur fees and expenses which shall be paid to the Suppliers by you through your use of the Elephanttrail Phuket Service. In addition, you may be subject to the terms and conditions imposed by the Suppliers. You acknowledge and agree that you are solely responsible for all such fees and expenses, and you agree to pay all such fees and expense and abide by all such terms and conditions imposed by the Suppliers.
  2.3 We will make effort to maintain the operation of the Elephanttrail Phuket Service and the Elephanttrail Phuket Platform, but we do not guarantee that the Elephanttrail Phuket Service and the Elephanttrail Phuket Platform will always function properly or stay uninterrupted by external factors. You agree that we reserve the right to reject your visit to the Elephanttrail Phuket Platform or your use of the Elephanttrail Phuket Service, and you also agree that we reserve the right to change, suspend, discontinue or terminate the Elephanttrail Phuket Service or the Elephanttrail Phuket Platform.

3. The Platform Content
  3.1 The term “Platform Content” used in these Terms of Use refers to all the materials presented or used on the Elephanttrail Phuket Platform by us, including but not limited to text, photographs, graphics, images, illustrations, video, audio, data, code and other materials. You acknowledge and agree that all of the Platform Content is the proprietary property of Elephanttrail Phuket or the licensors who license Elephanttrail Phuket to use such materials, which are protected by the relevant intellectual property laws. Elephanttrail Phuket may change, modify or remove any Platform Content without prior notice to you.
  3.2 Subject to your compliance with these Terms of Use, we hereby agree to grant you a limited, non-exclusive, non-transferable license to use or access the Elephanttrail Phuket Platform, and we may revoke this license at any time without prior notice to you. You agree to comply with relevant intellectual property laws and other applicable laws and regulations, and solely use and access the Platform Content for personal, non-commercial, entertaining purpose. You promise that, in no event, will you use, reproduce, translate, transmit, broadcast, sell, assign, create derivative works based on or in any other way exploiting the Platform Content in a way that harms Elephanttrail Phuket or the licensors who license Elephanttrail Phuket to use such materials. You also undertake not to massively copy, save or download any Platform Content in any form. In addition, you agree that you will bear all risks arising out of your use or access to any Platform Content. To the fullest extent permitted by law, we are not liable in any way for any Platform Content, including but not limited to any errors or omissions in the Platform Content. You shall be solely liable for any losses or damages suffered by any person as a result of your use or access to the Platform Content.
  3.3 You acknowledge and agree that, in the course of your use or access to the Platform Content, we may not be able to know who other third-party users you interact with, or predict or control their behavior. Therefore, we cannot guarantee the authenticity and accuracy of any contents, materials or information provided by other third-party users through the Elephanttrail Phuket Platform.

4. Information You Provide
  4.1 You hereby agree and authorize us to use your personal information in accordance with Elephanttrail Phuket’s “Privacy Policy.”
  4.2 In order to collect your opinions and improve the Elephanttrail Phuket Service, you agree to accept the invitation of traveler review through SMS, email or the Elephanttrail Phuket Platform, and you can decide whether to fill out the traveler review at your own discretion. When we receive your traveler review, we have the right (but not the obligation) to upload your review to the relevant pages of the Elephanttrail Phuket Platform and to share and disclose the extent of your satisfaction and opinions. You shall ensure that the traveler review you provide is not misleading and must not contain inappropriate, defamatory, threatening, abusive and other offensive words, nor may you contain your and other persons’ personal information and information that is not related to tourist experience in nature, or other content that violates the laws and regulations.
  4.3 You understand and agree that in the course of your use of the Elephanttrail Phuket Service, the traveler review you provide, including but not limited to text, photographs, images and videos, may be used by Elephanttrail Phuket, the Supplier or the users of the Elephanttrail Phuket Platform, regardless of whether such traveler review meets all the elements of a copyright under relevant intellectual property laws. Therefore, when you provide your traveler review to Elephanttrail Phuket, it means that you irrevocably agree: (a) to grant Elephanttrail Phuket or the Supplier to reproduce, reformat, excerpt, modify, translate, create derivative works or otherwise use it on a non-exclusive, world-wise, royalty-free, perpetual, and sub-licensable condition, including but not limited to the promotion in any media formats and through any media channels; and (b) to non-exclusively grant the users of the Elephanttrail Phuket Platform to access, use, reproduce, create derivative works or otherwise use it reasonably for non-commercial purpose through the Elephanttrail Phuket Platform. However, your authorization, unless otherwise agreed by you in writing, will not affect your ownership of the information you provide.
  4.4 You warrant that all the information you provide (including but not limited to text, photographs, graphics and video) will not violate any laws and regulations, and will not infringe any third party’s rights, and Elephanttrail Phuket will not infringe any third party’s rights by using such information; you fully understand that you are solely responsible for all the information you provide and Elephanttrail Phuket will not be liable for any error or omission in any content.
  4.5 You expressly agree that we may, at our sole discretion, remove any information you provide from the Elephanttrail Phuket Platform.

5. Your Undertakings
  5.1 You shall use the Elephanttrail Phuket Service or the Elephanttrail Phuket Platform fully and only in accordance with these Terms of Use; you shall be solely responsible for all your behaviors of using the Elephanttrail Phuket Service or the Elephanttrail Phuket Platform.
  5.2 You shall promise the following:
    (a) You agree not to copy, reproduce, distribute, publish, display, perform, transmit or broadcast any part of the Elephanttrail Phuket Service without our prior written authorization, including, by way of example and not limitation, by doing or engaging in any of the following without our prior express written consent: (i) altering, defacing, mutilating or otherwise bypassing any approved software through which the Elephanttrail Phuket Service is made available; and (ii) using any trademarks, service marks, design marks, photographs or other content belonging to Elephanttrail Phuket or obtained from the Elephanttrail Phuket Service.
    (b) You agree not to bypass, damage or otherwise interfere with any security or other features of the Elephanttrail Phuket Service designed to control the manner in which the Elephanttrail Phuket Service is used, harvest or mine the service content from the Elephanttrail Phuket Service, or otherwise access or use the Elephanttrail Phuket Service in a manner inconsistent with individual usage.
    (c) You agree not to undertake, cause, permit or authorize the translation, reverse engineering, disassembling or hacking of any aspect of the Elephanttrail Phuket Service, including any service content available on or through the Elephanttrail Phuket Service, or attempt to do any of the foregoing, or otherwise attempt to use or access any portion of our service other than as intended by Elephanttrail Phuket, except and solely to the extent permitted by these Terms of Use or other regulations.
    (d) You agree not to use, display, mirror, frame or utilize framing techniques to disclose the Elephanttrail Phuket Service, including any service content available on or through the Elephanttrail Phuket Service, or any portion thereof, through any other application or website, unless and solely to the extent we make available the means for embedding any part of the Elephanttrail Phuket Service or service content.
    (e) You agree not to access, tamper with, or use non-public areas of the Elephanttrail Phuket Service, Elephanttrail Phuket’s (and our hosting company’s) computer systems and infrastructure, or the technical delivery systems of our providers.
    (f) You agree not to harass, abuse, harm or advocate or incite harassment, abuse or harm of another person or group, including our employees and other users.
    (g) You agree not to provide any false personal information, create a false identify, or impersonate another person or entity in any way.
    (h) You agree not to solicit, or attempt to solicit, personal information from other users.
    (i) You agree not to restrict, discourage or inhibit any person from using the Elephanttrail Phuket Service, disclose personal information about a third person on the Elephanttrail Phuket Service or obtained from the Elephanttrail Phuket Service without the consent of such person, or collect information about our users.
    (j) You agree not to use the Elephanttrail Phuket Service to communicate or facilitate any commercial advertisement or solicitation, except as expressly permitted in these Terms of Use.
    (k) You agree not to engage in any fraud, breach of the information security of Elephanttrail Phuket Platform, crack the passwords of other users, transfer or illegally save the data or engage in any other illegal activities.

6. Order Confirmation and Refund Policy
  6.1 You can select and purchase tour itineraries, transportation services, tickets and other travel experience related services provided by Elephanttrail Phuket or the Supplier in a specific currency through the Elephanttrail Phuket Platform. Except for certain orders which will be confirmed immediately after you place your order, other orders must be confirmed by Elephanttrail Phuket or the Supplier afterwards. You agree to receive notification of successful bookings/orders via SMS, email or mobile applications, and you acknowledge and agree that the time it takes to reply the result of your bookings/orders as indicated on the Elephanttrail Phuket Platform is for reference only. You also agree that the time it takes to confirm the success of your bookings/orders may be adjusted based on the actual situation.
  6.2 Elephanttrail Phuket reserves the right to change or adjust the prices and fees of tour itineraries, transportation services, tickets and other travel experience related services provided by Elephanttrail Phuket or the Supplier at any time. These changes may be announced via SMS, email, the website and mobile applications. If you use the Elephanttrail Phuket Service after the notice of such changes, it means you agree and accept the changed prices and fees.
  6.3 You agree that Elephanttrail Phuket may, at our sole discretion, refuse or cancel any booking or order that may violate these Terms of Use.
  6.4 You agree that you will pay your bookings/orders in accordance with the payment method we accept; you acknowledge and agree that we are not obligated to process or execute your bookings/orders until you complete the payment in accordance with the payment process instructed by us. Unless otherwise provided in these Terms of Use, the payment for orders/bookings made by you is non-refundable.
  6.5 In the case that the service you selected and purchased is provided by a Supplier instead of Elephanttrail Phuket, such Supplier will accept or reject your booking/order on its own, and be responsible for providing all related services. If you have any questions about the content of the service provided by the Supplier, you may first ask the Supplier to obtain the most direct information; but you can also contact Elephanttrail Phuket, and we will try to contact the Supplier to find a solution.
  6.6 You acknowledge and agree that the specific service provided by any Supplier may result in additional taxes or fees and expenses depending on the actual situation, and you may also be obligated to pay the relevant amount directly to the Supplier or the tax authority. Although we have requested the Supplier to provide the latest and accurate conditions of use, restrictions, prices and other information with respect to the services they provided, Elephanttrail Phuket cannot warrant that all content displayed on the Elephanttrail Phuket Platform will be accurate at all times. If your order/booking is cancelled by the Supplier, Elephanttrail Phuket will notify you as soon as possible in a reasonable manner.
  6.7 If you contact us or the Supplier to cancel your order/booking within the cancellation period indicated on the Elephanttrail Phuket Platform at the time of your order/booking, after you have successfully cancelled and received our notice, or if the service you selected and purchased is cancelled according to the conditions and restrictions set by Elephanttrail Phuket or the Supplier, the payment you made will be refunded to you in the same way as you paid. You fully acknowledge and agree that the amount of refund you may receive may differ from the amount you originally pay due to the foreign exchange rate, or the administration fees or service fees collected by the credit card company or the payment processor.
  6.8 Use of E-Voucher
    6.8.1 If you select and purchase tour itineraries, transportation services, tickets and other travel experience related services through the Elephanttrail Phuket Platform, after the order/booking is successful, except for providing physical vouchers or under other circumstances, you will receive a SMS or email confirming your order/booking, which will include the number of your order/booking and an electronic voucher (“E-Voucher”) that recognizes the service you have purchased. You must print out your E-Voucher for the use of your E-Voucher.
    6.8.2 You acknowledge and agree that you must comply with the additional conditions and restrictions of E-voucher set by Elephanttrail Phuket and the Supplier, including but not limited to that: you must show up in person and on time at the meeting point designated by Elephanttrail Phuket or the Supplier within the period of use specified in the E-Voucher, and present documents or materials requested by Elephanttrail Phuket or the Supplier (e.g., an identification document with your photo, the number of your order/booking, your E-Voucher). If you are unable to meet the conditions and restrictions set by Elephanttrail Phuket or the Supplier, you may not be able to redeem the content of the service recognized by the E-Voucher and no refund will be granted.
    6.8.3 You acknowledge and agree that if your E-Voucher or the number of your order/booking is lost or stolen, Elephanttrail Phuket or the Supplier has no obligation to reissue the E-Voucher or provide you with the content of the service recognized by the E-Voucher. In addition, if you attempt to redeem an E-Voucher illegally, for example, if you do not meet the legal age for the use of an E-Voucher recognizing a certain content of service, Elephanttrail Phuket or the Supplier may refuse to accept your redemption of the E-Voucher and no refund will be granted.

7. Limitation of Liability
  7.1 You understand that the Platform Content may be provided by the Supplier and agree that we do not provide any representation or warranty regarding the accuracy of the Platform Content. You agree that you will not ask Elephanttrail Phuket to be responsible for any Platform Content provided by the Supplier in the future.
  7.2 You agree that any content you contact or transmit with the Elephanttrail Phuket Platform is not confidential, and that your communications may be read or intercepted by others. You acknowledge and confirm that there is no confidential, trust or other cooperative legal relationship created between you and Elephanttrail Phuket.
  7.3 To the fullest extent permitted by law, you agree that Elephanttrail Phuket and our directors, senior managers, officers, employees and agents of such personnel are not responsible for any of your direct, indirect, special, incidental, punitive, exemplary or derivative damages arising out of their non-compliance of these Terms of Use and their use of the Elephanttrail Phuket Platform or other acts of negligence.
  7.4 To the fullest extent permitted by law, you agree that if you are not satisfied with the Elephanttrail Phuket Service, your sole remedy is to stop using the Elephanttrail Phuket Service. In any event, if we have any liability to you, the maximum amount of compensation is the total amount you paid to us within the 12 months prior to your initial claim.

8. Indemnification
  8.1 You shall indemnify and hold harmless Elephanttrail Phuket and our directors, senior managers, officers, employees and agents of such personnel from all losses or damages arising out of any third party’s claim for non-compliance of these Terms of Use or the infringement of any intellectual property or any right of others due to your access to the Elephanttrail Phuket Platform or your use of the Elephanttrail Phuket Service, or those who use your Elephanttrail Phuket Member Account. If any of Elephanttrail Phuket and our directors, senior managers, officers, employees and agents of such personnel suffers any losses or damages, you shall indemnify them, including but not limited to litigation fees, attorney fees, settlement fees and other losses.
  8.2 With respect to a claim filed by a third party mentioned above, Elephanttrail Phuket may ask you to defend against any claim or take legal action, and to conduct any settlement negotiations. However, without our prior written consent, you may not take any legal action which may be adverse to our rights.

9. Termination
  9.1 These Terms of Use will apply to you and Elephanttrail Phuket until Elephanttrail Phuket terminates these Terms of Use. In the event that you violate any provision of these Terms of Use or Elephanttrail Phuket deems necessary at our sole discretion, we may terminate or suspend your use of the Elephanttrail Phuket Service, and your access to the Elephanttrail Phuket Platform or your Elephanttrail Phuket Member Account, without any prior notice to you.
  9.2 If these Terms of Use shall terminate in accordance with Section 9.1, you agree that, to the fullest extent permitted by law, we bear no obligation and liability to you, and may cancel any confirmed order prior to the termination without any refund payment to you.
  9.3 You acknowledge and agree that any provision of these Terms of Use shall, by its nature, survive termination, including but not limited to the Limitation of Liability.

10. Visa and Insurance
  10.1 Regardless of your nationality and destination, you shall check the now effective entry regulations of your destination on your own. Since the visa and health requirements in different countries may be subject to changes without any notice, we recommend that you double-check the relevant current regulations prior to your departure.
  10.2 For your own rights and benefits, we recommend that you purchase a comprehensive travel insurance policy prior to your departure.

11. Dispute Resolution
These Terms of Use and your relationship with Elephanttrail Phuket are governed by the laws of business office of Elephanttrail Phuket. You agree that any controversy and dispute arising out of your use of the Elephanttrail Phuket Service shall be submitted to the trial court of the business office of Elephanttrail Phuket for the first instance.

12. Miscellaneous
  12.1 If any provision of these Terms of Use is held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions shall remain in full force and effect.
  12.2 We may assign these Terms of Use or any right and obligation hereunder, and may delegate any obligation hereunder, to any third party. Without our prior written consent, you may not directly or indirectly assign these Terms of Use or any right and obligation hereunder to any third party.

13. Contact Us
If you have any questions about our services or these Terms of Use, please contact the Elephanttrail Phuket Customer Service Center (Email: elephanttrailphuket@gmail.com) directly and we will answer your request as soon as possible.