+66994368643 info@bpfagency.com

BPF AGENCY

Confidentiality Policy

TERMS AND CONDITIONS
1. 1. TERMS APPLICABLE TO ALL PURCHASES
1.1             GENERAL
1.1.1          By purchasing any product or service, including access to AgentNet (as defined below), (each referred to as the “Product“) from BPF AGENCY CO., LTD., you conclude a legally binding agreement with BPF AGENCY CO., LTD.
1.1.2          Section 1 (Terms Applicable to All Purchases) contains the overarching terms of the relationship between you (the entity purchasing the Product) and BPF AGENCY CO., LTD.. The sections that follow thereafter are the specific terms applicable to each Product. In addition, BPF AGENCY CO., LTD. may specify in writing that other terms (not contained in these Terms of Purchase) are nonetheless applicable to purchases of certain Products (the “Additional Terms“). Additional Terms may include the Privacy Policy, Terms of Service and Policy of Acceptable Use (as defined below).
1.1.3          You accept without limitation or qualification these Terms of Purchase (including Section 1 of the Terms of Purchase and such other applicable section) and the Additional Terms. The Additional Terms shall be incorporated in these Terms of Purchase by reference, and shall collectively be referred to as the “Purchasing Terms“.
1.1.4          In the event of any inconsistency between the Terms of Purchase and the Additional Terms, unless stated otherwise in writing, the provisions of the Terms of Purchase shall prevail.
1.1.5          You agree that BPF AGENCY CO., LTD.  may modify the Purchasing Terms at any time without liability and without notice to you. The modified Purchasing Terms will be posted on AgentNet and will come into effect 10 days after such posting. You are advised to check for updates to the Purchasing Terms regularly, prior to using any Products, or entering into any transaction, on the Website or with BPF AGENCY CO., LTD. .
1.1.6          You understand that you must, at your own cost, provide telecommunication services, computers and other equipment or services necessary to access any of the Products. You must comply with all the rules and regulations that apply to the means that you have used to access the Products (e.g. Internet access).

1.2             DEFINITIONS
Except where the context otherwise requires:
“Advertisement” means an advertisement placed by you through BPF AGENCY CO., LTD.  on an offline medium including but not limited to an offline Newsletter;
“AgentNet” means the real estate agent portal on the Website;
“Listing” means an advertisement placed by you through BPF AGENCY CO., LTD.  on an online medium including but not limited to the Website;
“Newsletter(s)” means any newsletter that BPF AGENCY CO., LTD.  may make available through any online or offline medium from time to time, including without limitation, BPF AGENCY CO., LTD. ‘s Daily Market News, Agent Handbook and BPF AGENCY CO., LTD. ‘s Property Blog;
“Policy of Acceptable Use” means the acceptable use policy posted on acceptable use policy ;
“Privacy Policy” means the privacy policy posted on Privacy policy
“Terms of Service” means the terms of service posted on Terms of Service.
“Website” means the website at https://bpfagency.com/ and its subsidiary web pages; and
“you” or “your” means the entity entering into the Purchasing Terms with BPF AGENCY CO., LTD. .

1.3             PURCHASE OF PRODUCT PACKAGE
1.3.1          In the event that you have purchased any Product package (including a marketing services package) (“Package“) from BPF AGENCY CO., LTD. , you understand that, unless otherwise specified by BPF AGENCY CO., LTD.  in writing, such Package is valid for 12 months from its date of purchase (the “Validity Period“).
1.3.2          Each Package shall entitle you to specified types and quantities of services from BPF AGENCY CO., LTD. .
1.3.3          In the event that at the expiry of the Validity Period, you have not fully utilized the Package that you have purchased, BPF AGENCY CO., LTD.  shall, unless otherwise specified in writing, forfeit the unutilized part of such Package without notice to you. You shall not be entitled to any compensation from BPF AGENCY CO., LTD.  as a result of such forfeiture.
1.3.4          If you decide to purchase another Package after the expiry of your previous Package, you understand that any unutilized part of your previous Package shall not be carried over to your newly purchased Package.
1.3.5          No Package may be swapped for another Package during the Validity Period of the first-mentioned Package.
1.3.6          All Packages should be purchased either through the Website, or via an authorized sales agent of BPF AGENCY CO., LTD. .
1.3.7          BPF AGENCY CO., LTD.  may grant you access to an AgentNet account for the purposes of managing the Products to which you are entitled to under the Package. You understand that all use of the AgentNet account shall be subject to Section 8 (AgentNet Access).

1.4             PRICE REVISIONS
1.4.1          BPF AGENCY CO., LTD.  reserves the right to revise the price of any of its Products and Packages at any time.
1.4.2          The revised price will be published on the Website.
1.4.3          You shall not be subject to the revised price if the revision occurs during the term of your existing Package. The revised pricing shall apply when you subscribe for a new Package, or when you renew an existing Package after its Validity Period.

1.5             PAYMENT
1.5.1          You will pay to BPF AGENCY CO., LTD.  all fees incurred in connection with the purchase of a Product or Package (the “Purchase“) through a payment method made available by BPF AGENCY CO., LTD.  from time to time. You acknowledge that you are solely responsible for any payment method that you have chosen.
1.5.2          If you have been issued with a sales order or e-mail confirmation with respect to your Purchase, you shall adhere to the payment method, and payment due date, as set out in such sales order or e-mail confirmation.
1.5.3          If you are paying via cheque, you understand that BPF AGENCY CO., LTD.  is not responsible for any loss of or damage to the cheque en-route to BPF AGENCY CO., LTD. . You shall be liable to pay to BPF AGENCY CO., LTD.  Such administrative fees stipulated by BPF AGENCY CO., LTD.  if the cheque bounces.
1.5.4          In the event that you have made the Purchase from an authorized sales agent of BPF AGENCY CO., LTD. , please ensure that the agent has issued you with an invoice upon making the necessary payment. BPF AGENCY CO., LTD.  shall not have the obligation to entertain any claims that are not supported by an invoice.
1.5.5          Late payment shall bear interest at an annual rate of 6% above the average prime lending rate of DBS Bank Ltd, or the highest rate permitted by law, from the due date until it is paid in full.
1.5.6          All fees are exclusive of tax. You shall pay all taxes, duties or levies in respect of the Purchase.
1.5.7          In the event that you fail to make payment of any fees due under the Purchasing Terms, you understand that BPF AGENCY CO., LTD.  shall be entitled to take such steps against you to recover any fees owed to BPF AGENCY CO., LTD. . You agree to indemnify BPF AGENCY CO., LTD.  of all costs and expenses, including legal fees, which BPF AGENCY CO., LTD.  may reasonably incur in the taking of such steps.
1.5.8          BPF AGENCY CO., LTD.  may, from time to time, issue to you credits (e.g. floor plan credits or advertising credits) that may be used to offset the fees payable for a certain Purchase. You will be notified in writing of the types of Products/Packages for which the credits may be used. You understand that unless otherwise stated, all credits that are issued by BPF AGENCY CO., LTD.  shall be valid for 12 months from the date on which the credit is issued. Any credits that have not been utilized within this 12 month period shall be forfeited by BPF AGENCY CO., LTD.  without notice to you. You shall not be entitled to any compensation from BPF AGENCY CO., LTD.  as a result of such forfeiture. You understand that forfeited credits will not be carried over to any subsequent credit that may be issued to you by BPF AGENCY CO., LTD.  or purchased by you from BPF AGENCY CO., LTD. .

1.6             REFUND POLICY
1.6.1 Refund can be obtained within the first 15 days of purchase.
1.6.2 Refund is subjected to deduction of 3% transfer fee, implemented by payment service available by BPF AGENCY CO., LTD.
1.6.3          In the event of a refund, such refund shall be paid by bank transfer to the bank account that you have provided.
1.6.4          Please ensure that all information that you have provided for the purposes of obtaining a refund is true, accurate, and current.
1.6.5          You agree that BPF AGENCY CO., LTD. ‘s obligation to make a refund is fulfilled at the point of transfer of the refunded sum to the bank account that you have provided. In the event that the refund is made by way of cheque, BPF AGENCY CO., LTD. ‘s obligation to you is fulfilled when the cheque is mailed to you. Unless otherwise specified in writing, the cheque will be mailed to you via normal post. In the event that you request for the cheque to be mailed to you via registered post or courier, you agree to BPF AGENCY CO., LTD.  deducting from the refund such amount necessary for the cost of mailing the cheque to you using your desired method of postage.

1.7   CANCELLATION POLICY
1.7.1 These subscriptions will automatically renew until you choose to cancel them.
1.7.2 You are responsible for the full subscription fee in the yearly billing cycle in which you cancel.
1.7.3 Send an email to contact@bpfagency.com with the following subject line: Cancel Account # [Insert your first and last name and ID]. You will receive a response from us to your email as soon as possible.
1.7.4 When you cancel a subscription with us, you will continue to receive your subscription benefits until the end of the current billing period. You will not receive a refund of any portion of the subscription fees you paid for the current or prior billing periods.
1.7.5 To serve you and others better in the future, we would like to know (but do not require) the reasons you want a refund or cancel your subscription. We aim to accommodate satisfied customers.
1.7.6 Refunds are not permitted if canceling occurs after 15 days and charge has already been issued. If you cancel after a 15 days charge has occurred, you retain access to your membership until the next scheduled billing cycle (yearly). Please contact us if you have issues accessing your private profile after cancellation.

1.8             INTELLECTUAL PROPERTY RIGHTS
BPF AGENCY CO., LTD.  reserves all intellectual property rights to any content and Product that it provides to you, including the Website and the Newsletter, including copyright and trademark rights. All other names, products and marks mentioned are the intellectual property rights of their respective owners. Nothing in this Agreement shall be construed or deemed as granting or providing to you any right, license, interest or permission to deal with any intellectual property of BPF AGENCY CO., LTD.  in any way including, without limiting the generality of the foregoing, the right to copy, transfer, publish, store, create derivative works or use the same, and the right to use any of BPF AGENCY CO., LTD. ‘s trademarks or trade names in an unauthorized manner. You may not use any of BPF AGENCY CO., LTD.’s trademarks without the prior written consent of BPF AGENCY CO., LTD. . All rights not expressly granted herein are reserved to BPF AGENCY CO., LTD. . Except as otherwise permitted by applicable law, any publication of any copyright work and Product are strictly prohibited without the written consent of the copyright owner.

1.9             INDEMNITIES AND LIMITATION OF LIABILITY
1.9.1          You agree, at your own expense, to indemnify, defend and hold harmless BPF AGENCY CO., LTD. , and its subsidiaries, affiliates, officers, agents or other partners, and employees, against any claim or demand, including attorneys’ fees, made by any third party due to or arising out of:
(a)              The publication of your Advertisement/Listing;
(b)              The content of your Advertisement/Listing;
(c)              Any material, product or service provided by you, to which members of the public (including users of the Website) can access through your Advertisement/Listing (including without limitation, any claim of trademark or copyright infringement, defamation, breach of confidentiality, privacy violation, false or deceptive advertising or sales practices); and/or
(d)              Your violation of the Purchasing Terms.
1.9.2          Any claim of any nature whatsoever by either party against the other party and any action against the other party must be commenced within such time limit prescribed by the relevant laws, after the date on which the cause of action arose, following which the aggrieved party shall have no further claim whatsoever against the other party.
1.9.3          In no event shall BPF AGENCY CO., LTD. ‘s aggregate liability for any claims under or pursuant to the Purchasing Terms exceed the aggregate fees actually paid by you for the preceding 12 month period at the point in time when the claim(s) is/are made against BPF AGENCY CO., LTD. .

1.10             DISCLAIMERS
1.10.1          You expressly understand and agree that:
(a)              Your use of any Product is at your own risk. Such Product is provided by BPF AGENCY CO., LTD.  on an “as is” basis. BPF AGENCY CO., LTD.  expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement, other than any warranty the exclusion of which is not in accordance with applicable laws;
(b)              BPF AGENCY CO., LTD.  makes no warranty that:
(i)                Its services will meet your requirements;
(ii)               Its services will be uninterrupted, timely, secure and error-free;
(iii)              Its services will be accessible at any time or at all times via the channel selected or used by you;
(iv)             The quality of any services, information or other material purchased or obtained by you through its services will meet your expectations; and
(v)              Any errors in the services will be corrected.
1.10.2          For the avoidance of doubt, no advice or information, whether oral or written, obtained by you from BPF AGENCY CO., LTD.  or its employees, agents or through or from the services shall create any warranty not expressly stated in the Purchasing Terms.

1.11           USE OF PERSONAL INFORMATION
1.11.1       You acknowledge that BPF AGENCY CO., LTD.  may collect, use and disclose your personal information for the purposes for which they were collected, including publicizing BPF AGENCY CO., LTD. ‘s products and services to you. Such information includes without limitation your name, photograph, email address, telephone number and address.
1.11.2       BPF AGENCY CO., LTD.  shall comply with applicable data protection laws (if any) in the collection, use, disclosure and retention of personal information.
1.11.3       You agree that even after the completion of any transaction between you and BPF AGENCY CO., LTD. , BPF AGENCY CO., LTD.  is entitled to use your personal information for the purposes of publicizing BPF AGENCY CO., LTD. ‘s products and services to you or contacting you to obtain feedback unless you expressly notify BPF AGENCY CO., LTD.  that you no longer wish to receive such information on BPF AGENCY CO., LTD. ‘s products and services or be contacted by BPF AGENCY CO., LTD. .
1.11.4       All personal data about you is subject to our Privacy Policy. This Privacy Policy is deemed incorporated into the Terms of Purchase by reference to this Clause.

1.12           TERMINATION
1.12.1       BPF AGENCY CO., LTD.  may terminate the Purchasing Terms without prior notice. Cause for such termination shall include without limitation:
(a)              You being declared insolvent or bankrupt;
(b)              Failure to make any payment that is due under the Purchasing Terms;
(c)              Request by law enforcement or other government agencies;
(d)              Failure to comply with the Purchasing Terms
(e)              Infringement of intellectual property rights of others;
(f)               Discontinuance or material modification to the services of the Website or part thereof; or
(g)              Unexpected technical or security issues or problems.
1.12.2       You further understand that a termination of the Purchasing Terms shall result in a termination of your access to the Product that you have purchased. BPF AGENCY CO., LTD.  shall be under no obligation to refund you the whole or any part of any fees paid by you in advance. In addition, you are not entitled to any compensation or indemnity, whether for loss of distribution rights, goodwill or otherwise, as a result of the termination of the Purchasing Terms in accordance with its terms.
1.12.3       Termination of the Purchasing Terms shall be without prejudice to any other rights or remedies BPF AGENCY CO., LTD.  may be entitled to under the Purchasing Terms, at law or in equity and shall not affect any accrued rights or liabilities nor the coming into or continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after such termination.

1.13           ENFORCEMENT
1.13.1       The Purchasing Terms shall be governed by and construed in accordance with the laws of the Kingdom of Thailand, and any claims or disputes of whatever nature shall be subject to the non-exclusive jurisdiction of the courts of the Kingdom of Thailand.
1.13.2       The failure of BPF AGENCY CO., LTD.  to exercise or enforce any right or provision of the Purchasing Terms shall not constitute a waiver of such right or provision. If any provision of the Purchasing Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Purchasing Terms remain in full force and effect.
1.14           CONTACT US
Unless otherwise stated herein, all notifications to BPF AGENCY CO., LTD.  pursuant to the Purchasing Terms shall be sent via e-mail to sales@bpfagency.com.

2. 2.  FLOOR PLANS
2.1             All floor plans may be purchased via the Website by way of floor plan credits. Each floor plan credit shall entitle you to 1 floor plan.
2.2             Floor plan credits may be obtained through any of the following methods:
2.2.1          Purchasing a floor plan credit Package;
2.2.2         Purchasing an advertising Package that has a stipulated number of floor plan credits bundled with it;
2.2.3          Promotional give-always; or
2.2.4          Any other method that BPF AGENCY CO., LTD.  may prescribe from time to time.
2.3             BPF AGENCY CO., LTD.  makes no warranty that the floor plan will be accurate, up to date and/or current. In particular, you understand that renovation undertaken by lessee or owner of the property will not be shown on the floor plan.
2.4             BPF AGENCY CO., LTD.  will notify you if it is unable to provide you with the purchased floor plan. If that happens, your floor plan credit will be refunded to you.
2.5             BPF AGENCY CO., LTD.  reserves the right to revise any fees payable for a floor plan credit Package from time to time.
2.6             You are responsible for providing accurate information in purchasing the floor plan. No refund will be granted if the address of the property (to which the floor plan relates) or your contact details are incorrect.
2.7             You represent and warrant that you will:
2.7.1          Not use the floor plan for any purpose, activity, or in any manner, that is criminal, illegal or actionable;
2.7.2          Not conceal or remove any trademarks, intellectual property rights, or rights management notices that have been placed by BPF AGENCY CO., LTD.  on the floor plan;
2.7.3          Not engage in any commercial sale of the floor plan; and
2.7.4          Ensure that all uses of the floor plan shall be in adherence to the Policy of Acceptable Use.

3. 3. MARKETING SERVICES
3.1             Section 3 (Marketing Services) shall apply to all forms of marketing services that may be provided by BPF AGENCY CO., LTD.  from time to time to enable you to advertise and promote your services and your Listings and Advertisements. The marketing services shall not require customers or other real estate agents (as the case may be) to respond to the Listings or Advertisements. Any response is voluntary and entirely at the discretion of the customer or real estate agent (as the case may be).
3.2             Depending on the type of marketing service that you have purchased, a Listing or an Advertisement (as the case may be) may pertain to the advertisement or promotion of:
3.2.1          Your services as a real estate salesperson;
3.2.2          The sale or rental of real property, both commercial and residential; or
3.2.3          Any other services or products that BPF AGENCY CO., LTD.  may allow you to advertise or promote from time to time, including, without limitation, relocation services, and home and office furnishing services.
3.3             For the purposes of this Section 3 (Marketing Services), “Content” shall mean the content of a Listing or an Advertisement (as the case may be) and any other photograph, video footage, virtual tour, material, content and instructions supplied by you to BPF AGENCY CO., LTD. , that are reasonably required by BPF AGENCY CO., LTD.  in order to publish the Listing or Advertisement, as the case may be.
3.4             Please check the Website, sales order, invoice, e-mail confirmation (if any) or with BPF AGENCY CO., LTD.  for the particulars of the Advertisements/Listings to which you are entitled.
3.5             Submission of Content:
3.5.1          All Content should be submitted to BPF AGENCY CO., LTD.  through the methods specified by BPF AGENCY CO., LTD.  before the date of placement of the Listing/Advertisement.
3.5.2          However, if your marketing services Package allows for Listings to be placed immediately after submission on the Website, you may submit your Content to the Website at any time. In the event that you are unable to submit the Content through the Website, or if BPF AGENCY CO., LTD.  has so instructed, please send the Content to BPF AGENCY CO., LTD.  via e-mail to sales@bpfagency.com.sg or via such method that BPF AGENCY CO., LTD.  may specify.
3.5.3          All Content should be submitted in the file format specified by BPF AGENCY CO., LTD.
3.5.4          If you are sending Content via e-mail or post, please indicate the following information about yourself:
(a)              Name;
(b)              Company;
(c)              Date of placement of Advertisement/Listing; and
(d)              Sales order reference number (if any).
3.5.5          You understand that BPF AGENCY CO., LTD.  may in its sole discretion reject your Advertisement/Listing, or subject to you paying to BPF AGENCY CO., LTD.  such administrative fees that BPF AGENCY CO., LTD.  may stipulate, postpone the placement of your Advertisement/Listing to the next available timing, if you do not:
(a)              Provide the information set out in Clause 3.5.4;
(b)              Submit the Content in the prescribed format; or
(c)              Submit the Content on by the deadline prescribed by BPF AGENCY CO., LTD. .
3.6             Placement of Advertisement/Listing
3.6.1          To the fullest extent permitted under applicable law, the acceptance of payment by BPF AGENCY CO., LTD.  Pursuant to your purchase of a marketing services Package shall not be deemed to be an undertaking by BPF AGENCY CO., LTD.  to accept any Advertisement/Listing. BPF AGENCY CO., LTD.  reserves the right to approve or reject any Advertisement/Listing at its sole discretion without providing reasons to you. BPF AGENCY CO., LTD.  retains full discretion to the placement of any Advertisement/Listing.
3.6.2          You understand that the placement, positioning and presentation of a Listing is at the discretion of BPF AGENCY CO., LTD. .
3.6.3          You shall be responsible to check and endorse all Content and the accuracy and veracity of the same before it is published or repeated. BPF AGENCY CO., LTD.  is not obliged to accept any requests to correct errors after the Advertisement/Listing is published or repeated and you shall be solely and fully responsible for such errors.
3.6.4          You understand that BPF AGENCY CO., LTD.  does not undertake to review the Content. The publication of any Advertisement/Listing will not be deemed to constitute an acceptance by BPF AGENCY CO., LTD.  that such Advertisement/Listing complies with the Purchasing Terms and the Policy of Acceptable Use.
3.6.5          In submitting the Content for the placement of an Advertisement/Listing, you represent and warrant that:
(a)              You have abided by BPF AGENCY CO., LTD. ‘s Policy of Acceptable Use and Terms of Service (where applicable);
(b)              You have the right to publish the Content without infringing the rights of any third party and without violating any law, in particular, that you have not used photographs provided by other users of the Website unless such photographs are provided under shared photographs;
(c)              No photographs, video footage, virtual tour or material in the Content contains the watermarked logo or name of any of BPF AGENCY CO., LTD. ‘s competitors;
(d)              You have obtained all necessary legal, regulatory and governmental approvals, licenses, consents and permits in relation to any promotional activity, including but not limited to lucky draws, contained in the Advertisement/Listing, if any;
(e)              The Content is true, current and accurate, and does not provide any false information or misrepresent any law or fact, or overstate or convey a false impression of any relevant information;
(f)               With respect to Listings posted through AgentNet, each Listing pertains to only one specific real property;
(g)              You have obtained the necessary governmental, regulatory, and other licenses, consents, permits, and approvals necessary to carry on the business of a housing developer in Thailand, if you are placing the Advertisement/Listing in your capacity as a housing developer,
(h)              You have obtained the necessary governmental, regulatory, and other licenses, consents, permits, and approvals necessary to carry on the business of a real estate agent in Thailand, if you are placing the Advertisement/Listing in your capacity as a real estate sales person, and that you have complied with the relevant codes of practice, ethics and conduct under whatever name for real estate agents in Thailand; and
(i)                You have complied with all applicable laws, rules and regulations in the placement of the Advertisement/Listing, whether in the jurisdiction in which the Advertisement/Listing is placed, or the jurisdiction in which the targeted audience of the Advertisement/Listing resides.
3.6.6          With regard to any third party websites that may be linked through the Content, you shall ensure that the third party website is relevant to the Content, and that the third party website is not a website providing auctioneering or advertising services.
3.6.7          You hereby grant BPF AGENCY CO., LTD. , including its employees, sub-contractors or agents, a non-exclusive and non-transferable license to edit, amend or otherwise correct any Content.
3.6.8          You shall ensure that all Listings are placed in categories that best describe the services that you are providing. BPF AGENCY CO., LTD.  reserves the right to relocate the Listing to the correct category. For example, a Listing concerning the sale of a property should be placed under the “For Sale” category, while a Listing concerning the rental or the letting of a property for rental should be placed under the “For Rental” category.
3.6.9          BPF AGENCY CO., LTD.  reserves the right to remove any Advertisement/Listing that does not comply with the Purchasing Terms, or upon request by law enforcement or government agencies, without providing reasons or prior notice to you.
3.6.10       You understand that BPF AGENCY CO., LTD.  may from time to time make changes to the format and layout of its Newsletter or Website without prior notice to you. This may result in changes to the format or layout of your Advertisement/Listing. However, BPF AGENCY CO., LTD.  shall not make any changes to the content or size of your Advertisement/Listing.
3.6.11       You may, at any time, request that BPF AGENCY CO., LTD.  withdraw any Advertisement/Listing that has been published. However, BPF AGENCY CO., LTD.  is not liable to refund to you any fees that you have paid for the withdrawn Advertisement/Listing. You understand that in certain circumstances, a withdrawal of a published Advertisement/Listing is not feasible (e.g. where an offline Newsletter has been published). Where BPF AGENCY CO., LTD.  is agreeable to withdraw the published Advertisement/Listing, BPF AGENCY CO., LTD.  shall be entitled to charge you administrative fees (at its sole discretion) for such withdrawal.
3.6.12       The use of HTML tags, bots or any means other than those provided on the Website is a violation of the Purchasing Terms and may result in BPF AGENCY CO., LTD.  deleting your Listing. Continued violation of this Clause may result in suspension or termination of your Account (as defined in Section 10 (AgentNet Account)) and forfeiture of the remainder of your Package.
3.6.13       Listings should only be posted via AgentNet directly by the authorized user of AgentNet.  The use of third-party services or third-party software to post listings is strictly prohibited and is a violation of the Purchasing Terms and may result in BPF AGENCY CO., LTD.  deleting your Listing. Continued violation of this Clause may result in suspension or termination of your Account (as defined in Section 10 (AgentNet Account)) and forfeiture of the remainder of your Package.
3.7             Use of Content.
To the fullest extent permitted under applicable law:
3.7.1          You grant to BPF AGENCY CO., LTD.  an irrevocable, non-exclusive, royalty-free, worldwide right to use, copy, modify, adapt and/or manipulate the Content for purposes including but not limited to public performance or display, or BPF AGENCY CO., LTD. ‘s marketing or distribution or placement of Advertisement/Listing on other mediums other than the Website or the Newsletters.
3.7.2          You agree that BPF AGENCY CO., LTD.  may use your name and photograph (if any) for the purposes of BPF AGENCY CO., LTD. ‘s marketing or distribution activities.
3.8             You shall indemnify and hold harmless BPF AGENCY CO., LTD.  and its affiliates, employees, agents, contractors, directors, officers and third-party providers from all liabilities, demands, costs and expenses (including legal expenses) arising in connection with any Content, including but not limited to the publication of the Content.

4. 4. DATA/RESEARCH PRODUCTS
4.1             Section 4 (Data/Research Products) pertains to Products of BPF AGENCY CO., LTD.  that allow you to access data, statistical information and analyses of data pertaining to real estate trends  (for the purposes of this Section 4 (Data/Research Products), “BPF AGENCY CO., LTD.  Research Data“). BPF AGENCY CO., LTD.  Research Data may be made available via the Website, Newsletter, or any other medium as may be determined by BPF AGENCY CO., LTD.  from time to time.
4.2             Pursuant to discussions with you, BPF AGENCY CO., LTD.  may provide to you customized data/research products, in accordance with your preferences or requirements that you have conveyed to BPF AGENCY CO., LTD. .
4.3             Restrictions of use of BPF AGENCY CO., LTD.  Research Data:
4.3.1          The contents ofBPF AGENCY CO., LTD.  Research Data shall not be reproduced, republished, uploaded, posted, transmitted or otherwise distributed in any way, without the prior written consent of BPF AGENCY CO., LTD. .
4.3.2          In the event that you wish to distribute the BPF AGENCY CO., LTD.  Research Data or use the BPF AGENCY CO., LTD.  Research Data in any way, you should submit your request to BPF AGENCY CO., LTD  in writing, stipulating the BPF AGENCY CO., LTD.  Research Data that you intend to use, the intent of use, manner of use, the time frame of use and identity of the user. You understand that BPF AGENCY CO., LTD.  is not obliged to accept your request.
4.3.3          You may view, download and print the BPF AGENCY CO., LTD.  Research Data if:
(a)              The BPF AGENCY CO., LTD.  Research Data is used solely for your internal business purposes or personal use (as the case may be), and is not distributed to a third party;
(b)              No alterations, additions or modifications are made to the BPF AGENCY CO., LTD.  Research Data; and

4.3.4          Where reproduction of the BPF AGENCY CO., LTD.  Research Data is permitted, you must ensure that no analysis or transformation of the BPF AGENCY CO., LTD.  Research Data may be presented in a manner which suggests or is likely to lead to the belief that the analysis or transformation of the BPF AGENCY CO., LTD.  Research Data is attributable to BPF AGENCY CO., LTD. .
4.3.5          You must not use the BPF AGENCY CO., LTD.  Research Data for purposes deemed to be inappropriate and/or misleading. Such instances include, but are not limited to:
(a)              Presenting the BPF AGENCY CO., LTD  Research Data in a misleading or incorrect manner, or misrepresenting the data; or
(b)              Using the data to promote or support any illegal activities.
4.3.6          Your use of the BPF AGENCY CO., LTD Research Data shall adhere to the Policy of Acceptable Use.
4.4             BPF AGENCY CO., LTD  owns all intellectual property rights in the BPF AGENCY CO., LTD  Research Data. BPF AGENCY CO., LTD  hereby grants you a non-exclusive and revocable license to use the BPF AGENCY CO., LTD  Research Data for your internal business purposes or for personal use, as the case may be.
4.5             The BPF AGENCY CO., LTD  Research Data should not be used for any official or commercial purpose or as a substitute for professional advice. It is provided “as is” and BPF AGENCY CO., LTD  gives no warranty as to its accuracy. BPF AGENCY CO., LTD.  shall not, in any event, be liable for any claims, damages, losses, expenses, costs or liabilities whatsoever (including, without limitation, any direct or indirect damages for loss of profits, business interruption or loss of information) resulting or arising directly or indirectly from your use of the valuation provided. It is reasonably expected that you should seek professional advice before entering into any transaction.
4.6           BPF AGENCY CO., LTD.  reserves the right to modify, alter or withdraw the BPF AGENCY CO., LTD  Research Data at any time, for any reason whatsoever, without notice to you.

5. 5. MICROSITE CREATION SERVICES
5.1             Section 5 (Microsite Creation Services) shall apply to all Packages allowing for the building and/or customization of a microsite based on a webpage template provided by BPF AGENCY CO., LTD  or the porting of your existing website as a microsite on the Website. For the purposes of this Section 5 (Microsite Creation Services), the microsite, as built or customized for you or as ported to the Website, shall hereinafter be referred to as the “Microsite“. You understand that you shall be solely responsible for the maintenance of the Microsite.
5.2             Intellectual property rights:
5.2.1          You shall own all intellectual property rights in the content that you have supplied for the purposes of the Microsite (for the purposes of this Section 5 (Microsite Creation Services), “Customer Content“). You hereby grant to BPF AGENCY CO., LTD  a non-exclusive, perpetual and irrevocable to use the Customer Content for BPF AGENCY CO., LTD ‘s marketing purposes.
5.2.2          BPF AGENCY CO., LTD owns all intellectual property rights in the webpage templates and any other content/material (for the purposes of this Section 5 (Microsite Creation Services), collectively “BPF AGENCY CO., LTD Content“) that it provides to you for the purposes of building and/or customizing the Microsite. BPF AGENCY CO., LTD grants to you a non-exclusive and revocable license to use the BPF AGENCY CO., LTD  Content for the purposes of creating and maintaining your Microsite.
5.2.3          You acknowledge that you have sole responsibility for the use of any third party intellectual property rights included in the Customer Content.
5.3             You represent and warrant that:
5.3.1          You have the right to publish the Customer Content without infringing the rights of any third party and without violating the law;
5.3.2          The Customer Content abides by BPF AGENCY CO., LTD ‘s Policy of Acceptable Use;
5.3.3          The Customer Content is true, current and accurate, and does not provide any false information or misrepresent any law or fact, or overstate or convey a false impression of any relevant information;
5.3.4          You have obtained the necessary governmental, regulatory, and other licenses, consents, permits, and approvals necessary to carry on the business of a housing developer in Thailand, if you are disseminating the Content in your capacity as a housing developer;
5.3.5          You have obtained the necessary governmental, regulatory, and other licenses, consents, permits, and approvals necessary to carry on the business of a real estate agent in Thailand, if you are disseminating the Content in your capacity as a real estate sales person, and that you have complied with the relevant codes of practice, ethics, and conduct under whatever name for real estate agents in Thailand; and
5.3.6          You have complied with all applicable laws, rules and regulations in the publication of the Customer Content.
5.4             Disclaimers:
5.4.1          BPF AGENCY CO., LTD will not be responsible for the accuracy and/or functionality of the Customer Content in the form in which it is provided to BPF AGENCY CO., LTD.  or as modified upon and in accordance with your instructions for inclusion on the Microsite.
5.4.2         BPF AGENCY CO., LTD  will not be responsible for your failure to provide any services being promoted on the Microsite.
5.4.3          You understand that BPF AGENCY CO., LTD does not undertake to review the Customer Content. The inclusion of the Customer Content by BPF AGENCY CO., LTD.  on the Microsite or the continuous availability of the Microsite to members of the public will not be deemed to constitute an acceptance by BPF AGENCY CO., LTD  that such Microsite, Customer Content and any third party websites linked through the Microsite complies with the Purchasing Terms and the Policy of Acceptable Use.
5.5             BPF AGENCY CO., LTD  reserves the right to take down or remove access to any Microsite that does not comply with the Purchasing Terms, without notice or liability to you.
5.6             You shall indemnify and hold harmless BPF AGENCY CO., LTD  and its affiliates, employees, agents, contractors, directors, officers and third-party providers from all liabilities, demands, costs and expenses (including legal expenses) arising in connection with any Customer Content, including but not limited to the posting and/or transmission of Customer Content on the Microsite.

6. 6. SMS CAMPAIGN
6.1             Section 6 (SMS Campaign) shall apply to all Packages relating to the conduct of marketing services via SMS, as may be provided by BPF AGENCY CO., LTD  from time to time.
6.2             For the purposes of this Section 6 (SMS Campaign), “Content” shall mean the content of an SMS and any other content and instructions supplied by you to BPF AGENCY CO., LTD  , that are reasonably required by BPF AGENCY CO., LTD  in order to send the SMS.
6.3             You shall be responsible to check and endorse all Content and the accuracy and veracity of the same before it is sent. BPF AGENCY CO., LTD  is unable to retract any SMS that is sent.
6.4             You represent that:
6.4.1          The Content abides by BPF AGENCY CO., LTD ‘s Policy of Acceptable Use;
6.4.2          You have the right to disseminate the Content without infringing the rights of any third party and without violating any law;
6.4.3          The Content is true, current and accurate, and does not provide any false information or misrepresent any law or fact, or overstate or convey a false impression of any relevant information;
6.4.4          You have obtained the necessary governmental, regulatory, and other licenses, consents, permits, and approvals necessary to carry on the business of a housing developer in Thailand, if you are disseminating the Content in your capacity as a housing developer;
6.4.5          You have obtained the necessary governmental, regulatory, and other licenses, consents, permits, and approvals necessary to carry on the business of a real estate agent in Thailand, if you are disseminating the Content in your capacity as a real estate salesperson, and that you have complied with the relevant codes of practice, ethics, and conduct under whatever name for real estate agents in Thailand; and
6.4.6          You have complied with all applicable laws, rules and regulations in the dissemination of the Content.
6.5             You grant to BPF AGENCY CO., LTD , including its employees, sub-contractors or agents, a non-exclusive and non-transferable license to edit, amend or otherwise correct the Content prior to dissemination.
6.6             You understand that BPF AGENCY CO., LTD  does not undertake to review the Content. The dissemination of the Content will not be deemed to constitute an acceptance byBPF AGENCY CO., LTD  that such Content complies with the Purchasing Terms and the Policy of Acceptable Use.
6.7             You shall indemnify and hold harmless BPF AGENCY CO., LTD  and its affiliates, employees, agents, contractors, directors, officers and third-party providers from all liabilities, demands, costs and expenses (including legal expenses) arising in connection with any Content, including but not limited to the dissemination of the Content.

7. 7. NEWSLETTER SUB.ION
7.1             Section 7 (Newsletter Sub.ion) shall apply to all sub.ions to Newsletters that BPF AGENCY CO., LTD  may publish from time to time.
7.2             Please ensure that all personal information that has been provided in the sub.ion of the Newsletter is true, accurate and current. BPF AGENCY CO., LTD  is not liable for your failure to receive the Newsletter if such failure of receipt is due to an error in the personal information that you have provided.
7.3             In the event that you have subscribed for an online Newsletter, you shall be responsible for ensuring that the Newsletter gets to your inbox, for example, by adding emails from BPF AGENCY CO., LTD  to a “safe” list.
7.4             In the event of a change in your personal information, please notify BPF AGENCY CO., LTD  of such change through such methods specified by BPF AGENCY CO., LTD  as soon as possible, to ensure that you do not experience a disruption in your receipt of the Newsletter. All changes to personal information shall take effect within 5 business days from the date on which BPF AGENCY CO., LTD.  is notified. BPF AGENCY CO., LTD.  is not liable for your failure to receive the Newsletter prior to the date on which the change to your personal information takes effect.

8. 8. AGENTNET ACCESS
8.1             This Section 8 (AgentNet Access) shall apply to all AgentNet accounts (for the purposes of this Section 8 (AgentNet Access), the “Account“).
8.2             The Account may only be accessed by one user at a time.
8.3             The Account may be transferred to another user (the “Transferred User“) during the Validity Period of the Package to which it is associated. You may notify BPF AGENCY CO., LTD.  of such transfer via such communication methods prescribed by BPF AGENCY CO., LTD. .  Please ensure that you have provided BPF AGENCY CO., LTD.  With true, accurate and current particulars of the Transferred User in order for BPF AGENCY CO., LTD.  to effect the transfer. You understand that if inaccurate, incorrect or insufficient information about the Transferred User has been provided, BPF AGENCY CO., LTD.  reserves the right not to effect the transfer of the Account.
8.4             You acknowledge that you are fully responsible for:
8.4.1          Maintaining the confidentiality of your password; and
8.4.2          All activities that occur under your Account.
8.5             BPF AGENCY CO., LTD.  reserves the right to access your Account for moderation and/or investigation purposes at its sole discretion, without giving prior notice to you.
8.6             Your Account will only be activated when the Package that you have purchased has been fully paid for, and such payment has been verified by BPF AGENCY CO., LTD. .
8.7             You understand that the Website may, from time to time, be undergoing maintenance and/or servicing. During such period, the Website and consequently, the Account, will be inaccessible.
8.8             All activities occurring under your Account must be in compliance with the Policy of Acceptable Use and with all applicable laws, rules and regulations.
8.9             BPF AGENCY CO., LTD.  reserves the right to delete any Listing in your Account that appears to be a test posting, recruitment, false, or otherwise insincere or non-serious Listing, without notice to you.
8.10           BPF AGENCY CO., LTD.  may, under certain circumstances and without prior notice to you, at its sole discretion, immediately terminate, or suspend for such period as BPF AGENCY CO., LTD.  may determine, your Account and access to the Products that you have purchased. Cause for termination and suspension shall include without limitation:
8.10.1       Breaches or violations of the Purchasing Terms;
8.10.2       Request by law enforcement or other government agencies;
8.10.3       Self-initiated Account deletions;
8.10.4       Infringement of intellectual property rights of others;
8.10.5       Discontinuance or material modification to the services of the Website or part thereof;
8.10.6       Unexpected technical or security issues or problem; or
8.10.7       Extended periods of inactivity.
8.11           Termination or suspension of your Account shall result in:
8.11.1        Removal of access to and barring of further use of all offerings of the Website and the Products;
8.11.2       Forfeiture of all unutilized parts of the Package that you have purchased; and
8.11.3       Deletion of your password and all Account related information, files, and content associated with or inside your Account (or part thereof).
8.12           Termination of your Account shall be without prejudice to any other rights or remedies BPF AGENCY CO., LTD.  may be entitled to under the Purchasing Terms, at law or in equity and shall not affect any accrued rights or liabilities nor the coming into or continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after such termination.

9. 9. TRAINING
9.1            BPF AGENCY CO., LTD.  may conduct scheduled training sessions on the use of the Account (as defined in Section 8 (AgentNet Access)) which are open to Account users and to persons who are interested in setting up an Account. BPF AGENCY CO., LTD.  will announce the schedule of training sessions on the Website. The topics covered in the training sessions include, but are not limited to, managing the Account, creating and managing Listings, setting up a website to promote Listings, and other topics. The training sessions will be conducted at such time and place as specified by BPF AGENCY CO., LTD.  for such purpose.
9.2             Account users or persons (each an “Attendee“) who wish to attend a training session should register with BPF AGENCY CO., LTD.  for the training session which is of interest. Registration for a training session can be carried out through the Account (for Account users only) or through such other methods as BPF AGENCY CO., LTD.  may specify from time to time. By registering for a training session, the Attendee agrees to pay the registration fee imposed by BPF AGENCY CO., LTD.  for such training session. In connection with the setting up of an Account, BPF AGENCY CO., LTD.  will provide up to 3 training sessions to the Account user at no charge (each a “Complimentary Session“). Unless the Attendee is utilizing a Complimentary Session, full payment of the registration fee is required from the Attendee before attendance of the training session.
9.3             If a training session is fully subscribed or is postponed or cancelled by BPF AGENCY CO., LTD. , BPF AGENCY CO., LTD.  will notify the Attendee and at his option, either allow the Attendee to attend the next available training session or refund any registration fee which has been paid. If the Attendee is utilizing a Complimentary Session, he may elect to attend another available training session or forfeit the Complimentary Session.
9.4             If an Attendee wishes to withdraw from a training session, BPF AGENCY CO., LTD.  will refund 75% of the registration fee if written notice of withdrawal is received by BPF AGENCY CO., LTD.  at least 7 days before the date of the training session. The remaining 25% of the registration fee will be charged by BPF AGENCY CO., LTD.  as an administration fee. No refund of the registration fee will be made for withdrawals which are notified to BPF AGENCY CO., LTD.  less than 7 days before the date of the training session. If the Attendee is utilizing a Complimentary Session, he will forfeit the Complimentary Session if his withdrawal is notified to BPF AGENCY CO., LTD.  less than 7 days before the date of the training session.
9.5             If requested, BPF AGENCY CO., LTD.  May conduct group training sessions for employees and agents of real estate agencies and/or housing developers at such location to be agreed subject to payment of the fees and expenses imposed by BPF AGENCY CO., LTD.  for such group training sessions.

10. 10. PERSONAL LISTING ASSISTANT SERVICE
10.1           The Personal Listing Assistant Service (“PLA Service“) is a service that may be provided to certain Account (as defined in Section 8 (AgentNet Access)) users by BPF AGENCY CO., LTD. .
10.2           The PLA Service is meant to provide assistance to Account users in uploading Listings.
10.3           To receive assistance through the PLA Service, you are requested to be ready to provide BPF AGENCY CO., LTD.  with:
10.3.1        Your name and details of your Account; and
10.3.2       Details of the Listings you wish to have uploaded, or alternatively a concise summary of the problem which you are experiencing in uploading a Listing.
10.4           In providing assistance to you, BPF AGENCY CO., LTD.  may:
10.4.1       Ask for additional information for BPF AGENCY CO., LTD.  to help you with your inquiry; and
10.4.2       Record all or part of telephone calls between you and BPF AGENCY CO., LTD.  for quality assurance and training purposes.
10.5           Although BPF AGENCY CO., LTD.  cannot guarantee that all problems encountered by users in uploading Listings will be resolved, BPF AGENCY CO., LTD.  will make reasonable efforts to provide assistance through the PLA Service in a professional manner.

Office Address

2 Mo. Kathu District
Phuket Province , Thailand

Contact Us

info@bpfagency.com
+66 994368643

Hours of Operation

Monday – Saturday : 9am – 9pm
Sunday : Closed

Send a Message

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Terms et conditions 1

BPF AGENCY CO., LTD.

Contact us

info@bpfagency.com
+66 994368643

BPF AGENCY