Terms & Conditions (Guest)
261, primary School Road, Ibrahimpur, Dhaka.
The Thaktechai Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Hosts” and the services they offer are “Host Services”) to publish such Host Services on the Thaktechai Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such Host Services (Members using Host Services are “Guests”). Host Services may include the offering of vacation or other properties for use ("Accommodations"), single or multi-day activities in various categories (“Experiences”), access to unique events and locations (“Events”), and a variety of other travel and non-travel related services.
Please read it carefully. By using this Service, you as “Guest” agree that you have read, understood, accepted and agreed with the Terms and Conditions, and the conditions stated. The terms and conditions stated herein (collectively, the “Terms and Conditions” or this “Agreement”) constitute a legal agreement between you and thaktechai (the “Company”), 261, Primary School Road, Ibrahimpur, Dhaka 1206.
These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and Thaktechai (as defined below) governing your access to and use of the Thaktechai website, mobile app, facebook, twitter, linkedin official page, including any sub domains thereof, and any other websites through which Thaktechai makes the Thaktechai Services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "Thaktechai Services"). The Site, Application and Thaktechai Services together are herein after collectively referred to as the “Thaktechai Platform”.
Hosts alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Host Services. Hosts are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Host Services they offer.
1. Scope of Thaktechai Services
The company is a technology company that does not provide or engage in accommodation providing services and the company is not an accommodation/housing dealer or intermediary. The software and the application are intended to be used for facilitating you (as a accommodation user) to avail the service from the “Host” for accommodation. The company is not responsible or liable for the acts and/or omissions with regard to any services you get from the hosts, and for any illegal action committed by you. You shall, at all time, not claim or cause any person to misunderstand that you are the agent, employee or staff of the company, and the services provided given to you is not, in anyway, be deemed as services of the company.
1.1 As the provider of the Thaktechai Platform, Thaktechai does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Guest Services. Guests alone are responsible for availing and taking the Host Services from Hosts. When Members make or accept a booking, they are entering into a contract directly with each other. Thaktechai is not and does not become a party to or other participant in any contractual relationship between Members, nor is Thaktechai a hotel, accommodation provider, real estate broker or insurer. Thaktechai is not acting as an agent in any capacity for any Member.
1.2 While we may help facilitate the resolution of disputes, Thaktechai has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Thaktechai about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to stay in an Accommodation, participate in an Experience or Event or use other Host Services, accept a booking request from a Guest, or communicate and interact with other Members, whether online or in person. Verified Images are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by Thaktechai of any Host or Listing.
1.3 To promote the Thaktechai Platform and to increase the exposure of Listings to potential Guests, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. Thaktechai cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Thaktechai Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and no infringement.
1.4 The Thaktechai Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Thaktechai is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Thaktechai of such Third-Party Services.
1.5 Due to the nature of the Internet, Thaktechai cannot guarantee the continuous and uninterrupted availability and accessibility of the Thaktechai Platform. Thaktechai may restrict the availability of the Thaktechai Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Thaktechai Platform. Thaktechai may improve, enhance and modify the Thaktechai Platform and introduce new Thaktechai Services from time to time.
2. Eligibility, Using the Thaktechai Platform, Member Verification
2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the Thaktechai Platform or register anThaktechai Account. By accessing or using the Thaktechai Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
2.2 Thaktechai may make the access to and use of the Thaktechai Platform, or certain areas or features of the Thaktechai Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or booking and cancellation history.
2.3 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
2.4 The access to or use of certain areas and features of the Thaktechai Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Thaktechai Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
3. Modification of these Terms
Thaktechai reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Thaktechai Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Thaktechai Platform will constitute acceptance of the revised Terms.
4. Service Fees and Payment
4.1 Thaktechai may charge fees to Hosts ("Host Fees") and/or Guests ("Guest Fees") (collectively, "Service Fees") in consideration for the use of the Thaktechai Platform.
4.2 Any applicable Service Fees (including any applicable Taxes) will be communicated with Hosts or Guests by written or oral communication. Thaktechai reserves the right to change the Service Fees at any time, and we will provide Members adequate notice of any fee changes before they become effective.
4.3 You are responsible for paying any Service Fees that you owe to Thaktechai.
4.4 When the Service Fee Payable to the Company reaches a maximum threshold set by the company (“Service Fee Threshold”), you shall, on your own accord, deposit the Service Fee for the day in favour of the Company in such method, and to such person, as determined by the Company from time to time. You understand that significance of this requirement and you acknowledge that you may be blacklisted for failure to comply with the aforesaid requirement and that your ability to use the Service shall be barred until due compliance is made in this regard.
4.5 The Company may, at its sole discretion, make promotional offers with different features and different rates, whereby these promotional offers shall accordingly be honored by you. The Company may determine or change the Service Fee as the Company deems in its absolute discretion as necessary or appropriate for the business.
4.6 The Company retains the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where it reasonably believes the Passenger or Customer to be in breach of the Terms and Conditions between the Passenger or Customer and the Company. In such an event, you shall not hold the Company liable for any withholding of, delay in, suspension of or cancellation of, any payment to you.
4.7 You agree that you will cooperate in relation to any criminal investigation that is required and to assist the Company in complying with any internal investigations, instructions from the authorities or requirements of prevailing laws or regulations for the time being in force.
5. Personal Data Policy
You agree and consent to the Company using and processing your Personal Data for the Purposes and in the manner as identified hereunder. For the purposes of this Agreement, “Personal Data” means information about you, from which you are identifiable, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, any information about you which you have provided to the Company in registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by the Company from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs.
The provision of your Personal Data is voluntary. However, if you do not provide the Company your Personal Data, your request for the Application may be incomplete and the Company will not be able to process your Personal Data for the Purposes outlined below and may cause the Company to be unable to allow you to use the Service.
The Company may use and process your Personal Data for business and activities of the Company which shall include, without limitation the following (“the Purpose”):
- To perform the Company’s obligations in respect of any contract entered into with you;
- To provide you with any services pursuant to the Terms and Conditions herein;
- To process your participation in any events, promotions, activities, focus groups, research studies, contests, promotions, polls, surveys or any productions and to communicate with you regarding your attendance thereto;
- Process, manage or verify your application for the Service pursuant to the Terms and Conditions herein;
- To validate and/or process payments pursuant to the Terms and Conditions herein;
- To develop, enhance and provide what is required pursuant to the Terms and Conditions herein to meet your needs;
- To process any refunds, rebates and/or charges pursuant to the Terms and Conditions herein;
- To facilitate or enable any checks as may be required pursuant to the Terms and Conditions herein;
- To respond to questions, comments and feedback from you;
- To communicate with you for any of the purposes listed herein;
- For internal administrative purposes, such as auditing, data analysis, database records;
- For purposes of detection, prevention and prosecution of crime;
- For the Company to comply with its obligations under law;
- To send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from the Company, its partners, advertisers and/or sponsors;
- To notify and invite you to events or activities organized by the Company, its partners, advertisers, and/or sponsors;
To share your Personal Data amongst the companies within the Company’s group of companies comprising the subsidiaries, associate companies and/or jointly controlled entities of the holding company of the group (“the Group”) and with the Company’s and Group’s agents, third party providers, developers, advertisers, partners, event companies or sponsors who may communicate with you for any reasons whatsoever.If you do not consent to the Company processing your Personal Data for any of the Purposes, please notify the Company using the support contact details as provided in the Application.
If any of the Personal Data that you have provided to us changes, for example, if you change your e- mail address, telephone number, payment details or if you wish to cancel your account, please update your details by sending your request to the support contact details as provided in the Application. The company will, to the best of our abilities, effect such changes as requested within fourteen (14) working days of receipt of such notice of change.
By submitting your information, you consent to the use of that information as set out in the form of submission and in this Agreement.
6. Ratings and Reviews
6.1 Within a certain timeframe after completing a booking, Guests and Hosts can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Any Ratings or Reviews reflect the opinion of individual Members and do not reflect the opinion of Thaktechai. Ratings and Reviews are not verified by Thaktechai for accuracy and may be incorrect or misleading.
6.2 Ratings and Reviews by Guests and Hosts must be fair, truthful and factual and may not contain any offensive or defamatory language.
6.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party write a positive or negative Review about another Member.
7. Limitations of Liability
The company and/or its licensors shall not be liable for loss of any kind, damage, fire damage, theft, injury or death which may be incurred by or caused to you or to any person or group of people while availing the “Host Services’ or in any way connected with the “Host Services”. As platform provider thaktechai only connect guest & host. After wards what happens during stay Thaktechai does not have any relation with that. If any unprecedented incident happens to Guest or Host Thaktechai will not be liable. If any illegal activity occurs during the stay of the Guest at Host accommodation, necessary actions will be taken by proper authority according to Bangladesh law. In no event whatsoever, shall the company be held responsible or liable, in any manner whatsoever, for criminal investigation by police or other law enforcement authorities, for your actions or inactions nor the actions or inactions of Guest.
8. Disclaimer of Warranties and Internet Delays
8.1 The company makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the services, application and/or the software. the company does not represent or warrant that (a) the use of the service, application and/or the software will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the service will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information, or other materials purchased or obtained by you through the application will meet your requirements or expectations, (e) errors or defects in the application and/or the software will be corrected, or (f) the application or the server(s) that make the application available are free of viruses or other harmful components, or (g) the application and/or the software tracks you or the vehicle used by the transportation provider. the service is provided to you strictly on an “as is” basis. all conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded and disclaimed to the highest and maximum extent.
8.2 The company makes no representation, warranty, or guarantee as to the reliability, safety, timeliness, quality, suitability or availability of any services. You acknowledge and agree that the entire risk arising out of such use of the services remains solely and absolutely with you and you shall have no recourse whatsoever against the company.
8.3 .The service, application and/or the software may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you being faulty, not connected, out of range, switched off or not functioning. The company is not responsible for any delays, delivery failures, damages or losses resulting from such problems.
9.1 You understand that governmental agency, department and/or authority ("Tax Authority") may require Taxes to be collected from Guests or Hosts on Listing Fees, and to be remitted to the respective Tax Authority. These Taxes may be required to be collected and remitted as a percentage of the Listing Fees set by Hosts, a set amount per day, or other variations, and are sometimes called "transient occupancy taxes," "hotel taxes," "lodging taxes," "city taxes," "room taxes" or "tourist taxes" ("Occupancy Taxes").
9.2 Thaktechai may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from or on behalf of Guests or Hosts, if such jurisdiction asserts Thaktechai or Hosts have an Occupancy Tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate direct Collection and Remittance, you hereby instruct and authorize Thaktechai to collect Occupancy Taxes from Guests on the Host's behalf at the time Listing Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. The amount of Occupancy Taxes, if any, collected and remitted by Thaktechai will be visible to and separately stated to both Guests and Hosts on their respective transaction documents. Where Thaktechai is facilitating Collection and Remittance, Hosts are not permitted to collect any Occupancy Taxes being collected by Thaktechai relating to their Accommodations in that jurisdiction.
9.3 You agree that any claim or cause of action relating to Thaktechai's facilitation of Collection and Remittance of Occupancy Taxes shall not extend to any supplier or vendor that may be used by Thaktechai in connection with facilitation of Collection and Remittance, if any. Guests and Hosts agree that we may seek additional amounts from you in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Occupancy Taxes collected is a refund of Occupancy Taxes collected by Thaktechai from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.
9.4 Thaktechai reserves the right, with prior notice to Hosts, to cease the Collection and Remittance for any reason at which point Hosts and Guests are once again solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Accommodations in that jurisdiction.
10. Booking Modifications, Cancellations and Refunds, Resolution Center
10.1 Hosts and Guests are responsible for any modifications to a booking that they make via the Thaktechai Platform or direct Thaktechai customer service to make ("Booking Modifications"), and agree to pay any additional Listing Fees, Host Fees or Guest Fees and/or Taxes associated with such Booking Modifications.
10.2 Guests can cancel a confirmed booking, and Thaktechai Payments will provide any refund to the Guest in accordance with company cancellation policy. The booking, advance, cancellation time, date and refund policy will be determined by the host and Thaktechai will follow the condition of the host in this regard.
10.3 If a Host cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking and Thaktechai may publish an automated review on the Listing cancelled by the Host indicating that a booking was cancelled. In addition, Thaktechai may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking, and/or (ii) impose a cancellation fee, unless the Host has a valid reason for cancelling the booking or has legitimate concerns about the Guest’s behavior.
10.4 For Experiences, Events and other Host Services, if inclement weather creates an unsafe or uncomfortable scenario for Guests, Hosts may modify or cancel a Host Service. If there is a substantial change in the itinerary or the Host Service needs to be cancelled, Thaktechai will work with the Host to provide Guests an alternative date for the Host Service, an appropriate refund or a rebooking.
10.5 In certain circumstances, Thaktechai may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions. This may be for reasons where Thaktechai believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Thaktechai, other Members, third parties or property, or (ii) for any of the reasons set out in these Terms.
10.7 Members may use the Resolution Center to send or request money for refunds, additional Host Services, Co-Host Services or Damage Claims related to bookings. You agree to pay all amounts sent through the Resolution Center in connection with your Thaktechai Account, and Thaktechai Payments will handle all such payments.
11. Damage to Accommodations, Disputes between Members
11.1 As a Guest, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation, excluding the Host (and the individuals the Host invites to the Accommodation, if applicable).
11.2 If a Host claims and provides evidence that you as a Guest have damaged an Accommodation or any personal or other property at an Accommodation ("Damage Claim"), the Host can seek payment from you through the Resolution Center. If a Host escalates a Damage Claim to Thaktechai, you will be given an opportunity to respond. If you agree to pay the Host, or Thaktechai determines in its sole discretion that you are responsible for the Damage Claim, Thaktechai Payments will collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage Claim . Thaktechai also reserves the right to otherwise collect payment from you and pursue any remedies available to Thaktechai in this regard in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by Hosts under the Thaktechai Host Guarantee.
11.3 Members agree to cooperate with and assist Thaktechai in good faith, and to provide Thaktechai with such information and take such actions as may be reasonably requested by Thaktechai, in connection with any Damage Claims or other complaints or claims made by Members relating to Accommodations or any personal or other property located at an Accommodation (including, without limitation, payment requests made under the Thaktechai Host Guarantee), Experiences, or Co-Host agreements. A Member shall, upon Thaktechai's reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by Thaktechai or a third party selected by Thaktechai or its insurer, with respect to losses for which a Member is requesting payment from Thaktechai (including but not limited to payments under the Thaktechai Host Guarantee).
11.4 If you are a Guest or a Co-Host, you understand and agree that Thaktechai may make a claim under your homeowner's, renter's or other insurance policy related to any damage or loss that you may have caused, or been responsible for, to an Accommodation or any personal or other property located at an Accommodation (including without limitation amounts paid by Thaktechai under the Thaktechai Host Guarantee). You agree to cooperate with and assist Thaktechai in good faith, and to provide Thaktechai with such information as may be reasonably requested by Thaktechai, to make a claim under your homeowner's, renter's or other insurance policy, including, but not limited to, executing documents and taking such further acts as Thaktechai may reasonably request to assist Thaktechai in accomplishing the foregoing.
11.5 If any kind of criminal activity occurs during staying by host at guest place Thatechai.com will not take any responsibility. As platform provider Thaktechai only connect guest & host. After wards what happens during stay thatechai.com do not have any relation with that. If any incident happens according to Bangladesh law necessary actions will be taken by proper authority.
12. Currency conversion
12.2 The Thaktechai Platform facilitates bookings between Guests and Hosts who may prefer to pay in a currency different from their destination currency, which may require currency conversions to accommodate these differing currency preferences. Although the Thaktechai Platform allows Members to view the price of Listings in a number of currencies, the currencies available for Members to make and receive payments may be limited, and may not include the default currency in any given geographic location.
13. Prohibited Activities
13.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Thaktechai Platform. In connection with your use of the Thaktechai Platform, you will not and will not assist or enable others to:
- Breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights.
- Use the Thaktechai Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Thaktechai endorsement, partnership or otherwise misleads others as to your affiliation with Thaktechai;
- Use the Thaktechai Platform in connection with the distribution of unsolicited commercial messages ("spam");
- Contact another Member for any purpose other than asking a question related to a your own booking, Listing, or the Member's use of the Thaktechai Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
- Use the Thaktechai Platform to request, make or accept a booking independent of the Thaktechai Platform, to circumvent any Service Fees or for any other reason;
- Request, accept or make any payment for Listing Fees outside of the Thaktechai Platform or Thaktechai Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Thaktechai harmless from any liability for such payment;
- Discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behavior;
- Use, display, mirror or frame the Thaktechai Platform or Collective Content, or any individual element within the Thaktechai Platform, Thaktechai's name, any Thaktechai trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Thaktechai Platform, without Thaktechai's express written consent;
- Dilute, tarnish or otherwise harm the Thaktechai brand in any way, including through unauthorized use of Collective Content, registering and/or using Thaktechai or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Thaktechai domains, trademarks, taglines, promotional campaigns or Collective Content;
- Use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Thaktechai Platform for any purpose;
- Avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Thaktechai or any of Thaktechai's providers or any other third party to protect the Thaktechai Platform;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Thaktechai Platform;
- Take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Thaktechai Platform;
- Export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
- Violate or infringe anyone else’s rights or otherwise cause harm to anyone.
13.2 You acknowledge that Thaktechai has no obligation to monitor the access to or use of the Thaktechai Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the Thaktechai Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Thaktechai in good faith, and to provide Thaktechai with such information and take such actions as may be reasonably requested by Thaktechai with respect to any investigation undertaken by Thaktechai or a representative of Thaktechai regarding the use or abuse of the Thaktechai Platform.
13.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Thaktechai by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
14. Term and Termination, Suspension and other Measures
14.1.1 Subject to meeting any requirements (such as completing any verification processes) set by the Host, you can book a Listing available on the Thaktechai Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Guest Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your Thaktechai Account.
14.1.2 Upon receipt of a booking confirmation from Thaktechai, a legally binding agreement is formed between you and your Host, subject to any additional terms and conditions of the Host that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. Thaktechai payments will collect the total or partial advance tariff at the time of the booking request or upon the Host’s confirmation.
14.1.3 If you book a Host Service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Host, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Host. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Experience, Event or other Host Service if accompanied by an adult who is responsible for them.
14.1.4 You understand that a confirmed booking of an Accommodation (“Accommodation Booking”) is a limited license granted to you by the Host to enter, occupy and use the Accommodation for the duration of your stay, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with the Host.
14.1.5 You agree to leave the accommodation no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between you and the Host. If you stay past the agreed upon checkout time without the Host's consent (“Overstay”), you no longer have a license to stay in the Accommodation and the Host is entitled to make you leave in a manner consistent with applicable law.
14.1.6 You should carefully review the description of any Experience, Event or other Host Service you intend to book to ensure you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Host has specified in their Listing. You are required to inform the Host of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to safely participate in any Experience, Event or other Host Service. In addition, certain laws, like the minimum legal drinking age in the location of the Experience, Event or other Host Service, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in an Experience, Event or other Host Service.
14.1.7 Before and during an Experience, Event or other Host Service you must at all times adhere to the Hosts’ instructions.
14.1.8 You may not bring any additional individuals to an Experience, Event or other Host Service unless such an individual was added by you as an additional guest during the booking process on the Thaktechai Platform.
15. Term and Termination, Suspension and other Measures
15.1 You may terminate this Agreement at any time via the "Cancel Account" feature on the Thaktechai Platform or by sending us an email. If you cancel your Thaktechai Account as a Host, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund.
15.2 Without limiting our rights specified below, Thaktechai may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.
15.3 In addition, Thaktechai may take any of the following measures if (i) you have provided inaccurate, fraudulent, outdated or incomplete information during the Thaktechai Account registration, Listing process or thereafter, (ii) you and/or your Listings or Host Services at any time fail to meet any applicable quality or eligibility criteria, (iii) you have repeatedly received poor Ratings or Reviews or Thaktechai otherwise becomes aware of or has received complaints about your performance or conduct, (iv) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (v) Thaktechai believes in good faith that such action is reasonably necessary to protect the personal safety, reputation or property of Thaktechai, its Members, or third parties, or to prevent fraud or other illegal activity:
- refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
- cancel any pending or confirmed bookings;
- limit your access to or use of the Thaktechai Platform;
- temporarily or permanently revoke any special status associated with your Thaktechai Account; or
- temporarily or in case of severe or repeated offenses permanently suspend your Thaktechai Account.
- take action or enforce with the help of law enforcement or other administrative agency or governmental body
15.4 If we take any of the measures described above (i) we may refund Guest in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
15.5 When this Agreement has been terminated, you are not entitled to a restoration of your Thaktechai Account or any of your Member Content. If your access to or use of the Thaktechai Platform has been limited or your Thaktechai Account has been suspended or this Agreement has been terminated by us, you may not register a new Thaktechai Account or access and use the Thaktechai Platform through an Thaktechai Account of another Member.