terms and conditions of use

Your use of www.tsunamiday.org is subject to these terms and conditions, and by using this Web site you show your agreement to such terms. If you do not accept these terms, you may not access or use this Web site.

Alterations

The Tsunami Day Trust (“The Trust”) reserves the right, at any time and without prior notice, to remove or cease to supply any information, product or service contained on this Web site. In the event that such removal takes place we shall not be liable to you in any way whatsoever for such removal.

Applications for Products and Services

Prices and details of products and services (and any offers) posted online are subject to change without notice. All products and services are subject to availability and we give no guarantee in this regard. The provision of details of products and services on this Web site are not, and should not be construed as, an offer to sell or buy such products or services by The Trust or the relevant company. The Trust or the company advertising the products or services concerned may accept or reject your offer at its sole discretion.

Permitted Use

The services contained on this Web site may be supplied on a commercial basis on payment to The Trust of its charges from time to time. Save as provided below and unless otherwise expressly stated, no materials from www.tsunamiday.org may be copied, downloaded, reproduced, broadcast, shown or played in public, republished, uploaded, posted, stored, transmitted, distributed, adapted or changed in any way.

You may electronically copy and print in hard copy, portions of www.tsunamiday.org for your personal use only, provided that you include all copyright and proprietary notices originally included. You are not permitted to sell or trade in material so copied or attempt to “pass off” any of the material as your own. Any other use, modification, distribution or republication without the prior written consent of The Trust is similarly strictly prohibited.

Copyright and Intellectual Property

All text, graphics, and multimedia content available from this Web site and pages within this Web site and all related code, including, but not limited to, HTML and other mark-up languages, and all scripts and software used within this Web site ("Intellectual Property") are the property of The Trust, its partners, or its licensors and are protected by copyright and trademark laws.

Save as otherwise expressly provided, the Intellectual Property may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way. Unless otherwise expressly permitted in writing by the owner of the Intellectual Property, the use of the Intellectual Property on any third party Web site or computer environment is strictly prohibited.

Users of this Web site may submit feedback to The Trust regarding general topics featured on the Site. You agree that any and all such information that you submit to The Trust in this regard, including any and all votes, scores, reviews or written comments, is exclusively the property of The Trust and may be used by us for any purpose.

Images on this Web site are protected by copyright and may not be reproduced or appropriated in any manner without the written permission of their respective owner(s).

If you believe any material on this Web site is infringing your copyrights or the copyrights of a third party, please contact The Trust immediately. You may notify The Trust of alleged copyright infringement by sending an e-mail to:mail@www.tsunamiday.org

Changes to Terms and Records of Agreements

We reserve the right to change these terms and conditions at any time by posting changes on this Web site. It is your responsibility to review the Web site terms and conditions regularly to ensure you are aware of the latest terms and conditions. Your use of this Web site after a change has been posted will be deemed to signify your acceptance of the modified terms and conditions. We recommend that you print off and retain for your records a copy of these terms and conditions from time to time and a copy of any terms and conditions relating to any product or service which you apply for online, together with any related registration or application form completed and submitted. Any amendment to these terms and conditions must be agreed in writing by The Trust, or, if appropriate, by the relevant company with whom you contract.

Disclaimers

Whilst The Trust has taken care in the preparation of the contents of this Web site, this Web site and the information, names, images, pictures, logos, icons regarding or relating to The Trust and/or its parent or affiliated organisations or companies, or the products and services of the same (or to third party products and services), are provided on an “as is” basis without any representation or endorsement being made and without any warranty of any kind, whether express or implied, including but not limited to, any implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. To the extent permitted by law, all such terms and warranties are hereby excluded.

In no event will The Trust be liable, whether in contract or tort (including negligence or breach of statutory duty) or otherwise, for any losses sustained and arising out of or in connection with use of this Web site including, without limitation, indirect or consequential losses, loss of profit, loss of data or special loss, even if advised of the possibility of such damages. The Trust shall include all divisions, subsidiaries, successors, parent organisations or companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of material.

The Trust does not represent that the information contained in this Web site is accurate, comprehensive, verified or complete, and shall accept no liability for the accuracy or completeness of the information contained in the Web site or for any reliance placed by any person on the information.

The Trust does not warrant that the functions or materials accessible from, or emanating from, or contained in this Web site will be uninterrupted or error free, that defects will be corrected or that this Web site or the server that makes it available are virus or bug free or represent the full functionality, accuracy and reliability of the materials in any way whatsoever.

If any of these terms and conditions (or any terms and conditions relating to a product or service referred to in this Web site) should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which such terms and conditions are intended to be effective, then to the extent of such illegality, invalidity or unenforceability, and in relation to such state or country only, such terms or conditions shall be deleted and severed from the remaining relevant terms and conditions which shall survive, remain in full force and effect and continue to be binding and enforceable.

Headings

Headings used in these terms and conditions are for convenience only and shall not affect their interpretation.

Jurisdiction and Governing Law

These terms and conditions and any terms and conditions relating to products or services described in this Web site shall be governed by and construed in accordance with the laws of Thailand. Although www.tsunamiday.org can be accessed from around the world, and different places may have different laws, by accessing www.tsunamiday.org you agree that the laws of Thailand, without regard to rules relating to conflict of laws, will apply to all matters arising in relation to your use of www.tsunamiday.org. You and The Trust also agree, unless otherwise expressly agreed in writing by both parties, to submit to the exclusive jurisdiction of the Thai courts with respect to such matters.

The Trust makes no representation that any product or service referred to on the Web site is appropriate for use, or available in, every location in Thailand or around the world. The information and other materials contained in this Web site may not satisfy the laws of every country or territory and those who choose to access this Web site from these locations acknowledge that they do so voluntarily and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Links to Other Web Sites

Certain (hypertext) links may lead you to Web sites that are not under the control of The Trust. When you activate any of these links, you will be deemed to leave www.tsunamiday.org. The Trust has no control over the material on any such other Web site and shall not be responsible or liable, directly or indirectly for the accuracy, availability, content, timeliness, completeness, legality, reliability, quality, suitability, merchantability or decency of any information, advice, content, service, product or merchandise contained in sites listed in or linked to www.tsunamiday.org. Any links provided on www.tsunamiday.org are provided for your interest or convenience only and do not represent or imply any endorsement by The Trust of such linked site. You acknowledge that the use of such third-party Web sites is governed by the terms and conditions of use applicable to such sites. By allowing links with third party Web sites The Trust does not intend to solicit business or offer any security to any person in any country, directly or indirectly.

Monitoring of Phone Calls/E-mails

Telephone calls using the telephone numbers provided on this Web site and e-mail correspondence with The Trust at the e-mail addresses accessible through, or discernible from, this Web site may be recorded or monitored. By using such communication methods you are consenting to the recording or monitoring of the same.

Ownership of This Web Site

This Web site is owned and operated by The Tsunami Day Trust, a non-profit trust headquartered in Thailand. Head Office: 3rd Flr. Muang Mai Building, 9/17 Moo 6 Thepkrasattri Road, Phuket City, Phuket 83000, Thailand.

Product Terms and Conditions

If you apply for any product or service detailed on this Web site, these terms and conditions should be read in conjunction with any other terms and conditions which relate to any such product or service and, in the event of any contradiction between these terms and conditions and the specific terms and conditions relating to such product or service, the latter shall prevail.

Trademarks

The images, logos, designs and names on this Web site that identify The Trust or its products or services, or an affiliated organisation, company or third party and their products and services, are proprietary trade and/or service marks of The Trust and/or the relevant affiliated company or third party. Except as expressly provided, nothing contained in these terms and conditions or on this Web site shall be deemed to confer on any person any licence or right from The Trust or any affiliated organisation, company or third party with respect to any such image, logo, design or name.

Last updated on: February 19, 2007