The Davies Co Th Ltd
T/A Chiang Mai Web Services
Terms and Conditions of Service and Use

These terms and conditions apply to all competitions, promotional services and use of the platform provided to any Customer (“You, Your”) by Chiang Mai Web Services and The Davies Co Th Ltd (“We, Us, Our”)

  1.  Publication of competitions

    1.1 Subject to these terms, we will use reasonable endeavour to publish competitions submitted by customers, in the format submitted and in accordance with the customer instructions.

    1.2 We may, at our discretion and without further cost to the customer, display links to competitions in our other web pages.

  2.  Right to refuse or withdraw competitions

    2.1  Neither these terms nor any written or verbal quotation by us represent an offer to publish competitions. A binding contract will only be formed when we accept the competitions in writing and generate our PayPal invoice.

    2.2  We reserve the right to refuse or withdraw from publication any competitions at any time without giving reasons.

  3.  Right to vary format and placements

    3.1  We reserve the right: a) to vary the placement of competitions b) to change the format or layout of competitions and c) we will endeavour to notify the customer of any such changes.

  4.  Submissions of competitions

    4.1  Customer warrants to us that the competitions do not breach or infringe: a) the Trade Practices Act, b) any copyright, trade mark, c) any law of defamation, obscenity or contempt of court, tribunal or commission, d) State or Commonwealth anti-discrimination legislation, e) the Privacy Act or f) any other law.

    4.2 Customer warrants that any competition that contains the name or photograph of any person that can be identified, has obtained the authority of that person.

  5.  Online Competitions

    5.1  For online competitions, the customer must: a) cancel the competition in writing at least 30 days before publication date or b) 30 days’ notice to terminate any ongoing month to month competition and c) submit creative materials at least 96 hours before scheduled publication date. We reserve the right to charge the customer for online competitions cancelled with less than 30 days’ notice.

    5.2  All online competitions must comply with our specifications or a layout or graphic design fee may be charged.

    5.3  We collect a customer’s personal information to provide competition services and for invoicing purposes. We may disclose personal information to debt collection agencies to recover any amount due.

    5.4  We are not liable for any loss, damages or liabilities arising from a failure of the World Wide Web or any telecommunications

  1. Errors / Amendments Fees

    6.1  The Customer must promptly: a) check proofs of competitions and b) notify us of any errors in the proofs or published competitions.

  2.  Competitions rates, taxes and commission

    7.1  The customer must pay for competitions in accordance with our advertised rates or written quotation.

    7.2  Competition rates may be varied at any time by us without notice.

    7.3 Competitions fees once paid are non refundable.

  3.  Payment

    8.1   For approved clients our terms are strictly full payment in advance.

    8.2  Payment is accepted via PayPal. A 4.5% handling fee will be added to cover costs.

  4.  Failure to pay

    9.1 If a customer fails to pay for competitions in accordance with clause 8 we may a) cancel any competition b) require pre-payment for further hosting of the competition c) charge a late payment fee or d) take proceedings against the customer for any outstanding amounts e) seek compensation for losses of revenues.

  5. Liability

    10.1  The customer unconditionally indemnifies us and our officers, employees, contractors and agents against any costs, expenses, losses or damages suffered or incurred by a customer arising from our failure to publish competitions in accordance with a customer’s request.

    10.2  Customers warrant that any prizes and or competitions submitted to us will have any and all required permits as determined by local governing authorities for such prizes and or competitions. We are not liable for any such permits and or licenses as may be required for prizes and or competitions promoted via our platforms.

  6.  Governing Law/Notice

    11.1  These Terms and Conditions shall be construed and interpreted according to the laws of the Kingdom of Thailand without reference to conflicts of law provisions. The parties hereby consent to the exclusive jurisdiction of the courts of Thailand and any dispute resolution to be held in Thailand.

  7.  Force Majeure

    12.1  We shall not be in default or otherwise liable for any delay in or failure of its performance under these Terms and Conditions where such delay or failure arises by reason of any act of God, or any government or governmental body, acts of war, the elements, strikes or labour disputes, or other causes beyond the control of us.