Terms of Use

Last Updated: 1 January 2025

Welcome to heytomorrowthailand.net, operated by Community TH (legal name: VALENTIN & ASSOCIATES INSURANCE AGENCY INC) (hereinafter referred to as "the Company", "we", "us", or "our"). These Terms of Use ("Terms") govern your access to and use of our website located at heytomorrowthailand.net and any related services, content, or features provided therein (collectively, the "Services").

Please read these Terms carefully before accessing or using our Services. By accessing or using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations of the Kingdom of Thailand. If you do not agree with any part of these Terms, you must immediately cease use of our Services.

1. Acceptance of Terms

By accessing, browsing, or otherwise using heytomorrowthailand.net, you confirm that you are at least 20 years of age (the legal age of majority under Thai law) or that you are accessing the Services with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf. Your continued use of the Services constitutes your ongoing acceptance of these Terms and any modifications made hereto.

If you are accessing the Services on behalf of a company, organisation, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, and all references to "you" herein shall refer to that entity.

2. Description of Services

Community TH (legal name: VALENTIN & ASSOCIATES INSURANCE AGENCY INC) provides an online platform through heytomorrowthailand.net offering information, resources, and related services in the insurance and financial advisory sector. Our Services may include, but are not limited to:

• General information regarding insurance products and services available in Thailand and internationally;
• Educational content related to financial planning, risk management, and insurance coverage;
• Online inquiry forms, contact mechanisms, and communication tools;
• Links to third-party resources, partner websites, and external tools;
• Any other features or functionality that we may introduce from time to time.

The Company reserves the right to modify, suspend, or discontinue any aspect of the Services at any time without prior notice. We shall not be liable to you or any third party for any such modification, suspension, or discontinuation.

3. User Responsibilities and Acceptable Use

By using our Services, you agree to use the website and its content solely for lawful purposes and in accordance with these Terms. You are solely responsible for all activities conducted through your use of the Services.

You agree that you will NOT:

• Use the Services in any manner that violates any applicable local, national, or international law or regulation, including but not limited to the laws of the Kingdom of Thailand;
• Transmit any unsolicited or unauthorised advertising, promotional materials, spam, or any other form of solicitation;
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity;
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services;
• Attempt to gain unauthorised access to any part of the Services, or any server, computer, or database connected to our website;
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
• Collect or harvest any personally identifiable information from the Services without express consent;
• Use the Services for any commercial purpose or for any public display (commercial or non-commercial) without our prior written consent;
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software comprising or forming part of the Services;
• Post, upload, or transmit any content that is defamatory, obscene, offensive, hateful, or inflammatory, or that promotes discrimination, violence, or illegal activity.

We reserve the right, in our sole discretion, to investigate and take appropriate legal action against anyone who violates these acceptable use provisions, including without limitation, reporting such conduct to law enforcement authorities and cooperating fully with any lawful investigations.

4. Intellectual Property Rights

Unless otherwise stated, VALENTIN & ASSOCIATES INSURANCE AGENCY INC and/or its licensors own all intellectual property rights in the website and its content. This includes, but is not limited to, all text, graphics, images, photographs, logos, trademarks, service marks, trade names, software, audio clips, video clips, and other materials (collectively, "Content") available through the Services.

All such rights are reserved. You may access and use the Content solely for your own personal, non-commercial informational purposes. You must not:

• Copy, reproduce, republish, upload, post, transmit, or distribute any Content without our express prior written permission;
• Modify or create derivative works based upon the Content;
• Use the Content for any commercial purpose or for any public display;
• Remove or alter any proprietary notices, labels, or marks on the Content.

Any unauthorised use of our intellectual property may constitute an infringement of our rights under the laws of Thailand, including the Copyright Act B.E. 2537 (1994) and the Trademark Act B.E. 2534 (1991), as amended, and may give rise to civil and/or criminal liability.

If you believe that any Content on our website infringes upon your intellectual property rights, please contact us immediately at [email protected] with full details of your claim.

5. Disclaimer of Warranties

The Services and all Content are provided on an "as is" and "as available" basis without any representations or warranties of any kind, either express or implied. To the fullest extent permissible under applicable Thai law, the Company disclaims all warranties, express or implied, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
• Warranties that the Services will meet your requirements;
• Warranties that the Services will be uninterrupted, timely, secure, or error-free;
• Warranties as to the accuracy, reliability, completeness, or suitability of any information or content provided through the Services;
• Warranties that any defects in the Services will be corrected.

The information provided on heytomorrowthailand.net is for general informational purposes only and does not constitute professional legal, financial, or insurance advice. You should always seek the advice of a qualified professional for specific guidance tailored to your situation.

6. Limitation of Liability

To the maximum extent permitted by applicable law in the Kingdom of Thailand, VALENTIN & ASSOCIATES INSURANCE AGENCY INC, its directors, officers, employees, agents, partners, and licensors shall not be liable for any:

• Indirect, incidental, special, consequential, or punitive damages;
• Loss of profits, revenues, data, goodwill, or other intangible losses;
• Damages resulting from your access to or use of, or inability to access or use, the Services;
• Damages resulting from any conduct or content of any third party on the Services;
• Damages resulting from any content obtained from the Services;
• Damages resulting from unauthorised access, use, or alteration of your transmissions or content.

Whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not the Company has been informed of the possibility of such damage. In no event shall our total aggregate liability to you for all claims arising from or relating to these Terms or the Services exceed the amount you paid to us, if any, during the twelve (12) month period immediately preceding the event giving rise to such liability, or one thousand Thai Baht (THB 1,000), whichever is greater.

7. Indemnification

You agree to defend, indemnify, and hold harmless VALENTIN & ASSOCIATES INSURANCE AGENCY INC, its affiliates, officers, directors, employees, contractors, agents, licensors, suppliers, and successors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to:

• Your violation of these Terms;
• Your use of the Services, including but not limited to any content you submit, post, or transmit;
• Your violation of any applicable law, regulation, or third-party right, including any intellectual property or privacy right;
• Your negligence or wilful misconduct.

This indemnification obligation shall survive the termination or expiration of these Terms and your use of the Services.

8. Third-Party Links and Content

Our website may contain links to third-party websites or services that are not owned or controlled by Community TH. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any third parties or their websites.

You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods, or services available on or through any such third-party websites.

We strongly advise you to review the terms of use and privacy policies of any third-party websites that you visit. Such third-party links are provided solely as a convenience to our users.

9. Force Majeure

The Company shall not be held liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause beyond the Company's reasonable control, including but not limited to:

• Acts of God, including floods, earthquakes, storms, or other natural disasters;
• Epidemics, pandemics, or public health emergencies;
• Acts of war, terrorism, civil unrest, or government actions;
• Failures of telecommunications networks, internet service providers, or third-party platforms;
• Power outages or failures of computer equipment;
• Any other event or circumstance beyond our reasonable control ("Force Majeure Event").

In the event of a Force Majeure Event, the Company's obligations shall be suspended for the duration of such event. We will make reasonable efforts to notify you of the Force Majeure Event and resume performance as soon as reasonably practicable.

10. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Kingdom of Thailand, without regard to its conflict of law provisions. You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Services shall be subject to the exclusive jurisdiction of the competent courts of Thailand.

Specifically, you agree to submit to the personal jurisdiction of the courts located in Bangkok, Thailand, for the purpose of litigating any such claims or disputes. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

These Terms are subject to all applicable Thai legislation, including but not limited to the Civil and Commercial Code of Thailand, the Computer Crimes Act B.E. 2550 (2007) and its amendments, and the Personal Data Protection Act B.E. 2562 (2019).

11. Dispute Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, the parties shall first attempt to resolve the matter amicably through good-faith negotiation within thirty (30) days of one party notifying the other in writing of the dispute.

If the dispute cannot be resolved through negotiation within the said period, the parties agree to submit the dispute to mediation conducted by a mutually agreed-upon mediator in Bangkok, Thailand, before resorting to litigation. The costs of mediation shall be shared equally between the parties unless otherwise agreed.

If mediation is unsuccessful or if the parties cannot agree on a mediator within fifteen (15) days after the negotiation period expires, either party may pursue legal remedies before the competent courts in Bangkok, Thailand, as set forth in Section 10 above.

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction in order to prevent irreparable harm pending resolution of a dispute.

12. Modification of Terms

We reserve the right, at our sole discretion, to modify, update, or replace any part of these Terms at any time. When we make changes, we will update the "Last Updated" date at the top of this page. In the case of material changes, we may also provide more prominent notice, such as a notification on our homepage or via email if you have provided us with your contact information.

Your continued use of the Services after the posting of any changes to these Terms constitutes your binding acceptance of those changes. It is your responsibility to review these Terms periodically. If you do not agree to the revised Terms, you must stop using the Services immediately.

13. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

All provisions of these Terms which by their nature should survive termination shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

You may also terminate your relationship with us by ceasing to use the Services. Termination of your use of the Services does not relieve you of any obligations or liabilities that arose prior to such termination.

14. Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable under any applicable law, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms. The remaining provisions shall continue in full force and effect.

In such a case, the invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, and the intent of the original provision shall be preserved to the fullest extent possible under applicable law.

15. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the Services, constitute the entire agreement between you and VALENTIN & ASSOCIATES INSURANCE AGENCY INC with respect to your use of the Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

No failure or delay by us in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right, power, or remedy. No waiver by us of any breach of these Terms shall be a waiver of any preceding or succeeding breach.

16. No Waiver

The failure of the Company to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Services and supersede and replace any prior agreements we might have had between us regarding the Services.

17. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Use, or if you wish to exercise any rights you may have under applicable law, please do not hesitate to contact us through any of the following channels:

We aim to respond to all enquiries within five (5) Thai business days. For urgent matters, please indicate the urgency clearly in your communication subject line.

These Terms of Use were last reviewed and updated on 1 January 2025. By continuing to use heytomorrowthailand.net, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws of the Kingdom of Thailand.