Terms of Use

Last Updated: 1 January 2025  |  Effective Date: 1 January 2025

Welcome to thailandtomorrowday.com (the "Website"), operated by Future Living TH (legal name: DHAN KUBER INVESTMENTS LLC) ("we", "us", or "our"). Please read these Terms of Use ("Terms") carefully before accessing or using any part of this Website or the services offered through it. By accessing, browsing, or otherwise using this Website, you confirm that you have read, understood, and agree to be legally bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you do not agree to these Terms in their entirety, you must immediately cease all use of this Website.

1. Acceptance of Terms

By visiting, registering on, or using any feature or content available on thailandtomorrowday.com, you ("User" or "you") enter into a legally binding agreement with DHAN KUBER INVESTMENTS LLC. Your continued use of this Website following any amendments to these Terms constitutes your acceptance of those amendments. These Terms apply to all visitors, registered users, subscribers, customers, and any other persons who access or interact with the Website in any manner.

If you are using the Website on behalf of a company, organisation, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and in such cases "you" refers to that entity.

These Terms are governed by and construed in accordance with the laws of the Kingdom of Thailand, including but not limited to the Computer Crimes Act B.E. 2550 (2007) and its amendments, the Electronic Transactions Act B.E. 2544 (2001), the Consumer Protection Act B.E. 2522 (1979), and the Personal Data Protection Act B.E. 2562 (2019) (PDPA).

2. Description of Services

Future Living TH operates under the legal entity DHAN KUBER INVESTMENTS LLC and provides information, resources, listings, and related digital services in the field of real estate, property information, lifestyle, and future living solutions in Thailand (collectively, the "Services"). The Services may include, but are not limited to:

• Property listings, project information, and real estate advisory content;
• Editorial articles, blog posts, guides, and market insights related to living in Thailand;
• Interactive tools, calculators, and comparison features;
• Inquiry forms, lead generation, and connection with property developers or agents;
• Newsletter subscriptions and promotional communications;
• Any other services or features made available on the Website from time to time.

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time without prior notice or liability. The availability of specific features may vary based on your location, device, or account status.

The information provided on this Website is for general informational and promotional purposes only and does not constitute professional legal, financial, investment, or real estate advice. You should seek independent professional advice before making any property or investment decisions.

3. User Responsibilities and Acceptable Use

By using this Website, you agree to comply with all applicable Thai laws and regulations and to use the Website only for lawful purposes. You are solely responsible for all content you submit, upload, transmit, or otherwise make available via the Website.

You agree that you will NOT:

• Use the Website in any manner that violates the Computer Crimes Act B.E. 2550 or any other applicable Thai legislation;
• Post, transmit, or share any content that is unlawful, defamatory, obscene, fraudulent, harassing, threatening, or otherwise objectionable;
• Attempt to gain unauthorised access to any part of the Website, its servers, databases, or connected systems;
• Introduce viruses, malware, ransomware, spyware, or any other malicious code;
• Engage in data scraping, web crawling, or any automated extraction of data from this Website without our express written consent;
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity;
• Circumvent, disable, or interfere with security-related features of the Website;
• Use the Website to advertise or solicit business without our prior written authorisation;
• Collect or harvest personal data of other users without their consent;
• Reproduce, duplicate, copy, sell, or exploit any portion of the Website for commercial purposes without our written permission;
• Engage in any conduct that could damage the reputation, goodwill, or business interests of DHAN KUBER INVESTMENTS LLC.

We reserve the right to investigate any suspected violations of these Terms and to take appropriate legal or administrative action, including but not limited to removal of content, suspension of accounts, and referral to law enforcement authorities.

4. User Accounts and Registration

Certain features of the Website may require you to register and create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information;
• Maintain and promptly update your account information to keep it accurate;
• Keep your password confidential and not share it with any third party;
• Notify us immediately at [email protected] if you suspect any unauthorised use of your account.

You are fully responsible for all activities that occur under your account. We will not be liable for any loss or damage arising from your failure to comply with these obligations. We reserve the right to terminate or suspend your account at our sole discretion if we reasonably believe you have violated these Terms.

5. Intellectual Property Rights

All content on this Website, including but not limited to text, graphics, logos, images, photographs, audio clips, video clips, data compilations, software, and the overall design and layout (collectively, "Content"), is the exclusive property of DHAN KUBER INVESTMENTS LLC or its content suppliers, and is protected under Thai and international intellectual property laws, including the Copyright Act B.E. 2537 (1994) and the Trademark Act B.E. 2534 (1991).

The trade names, trademarks, service marks, and logos displayed on this Website (including Future Living TH and Future Living TH) are registered or unregistered marks of DHAN KUBER INVESTMENTS LLC or its affiliates. Nothing in these Terms grants you any right to use these marks without our prior written consent.

Limited Licence: We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Website and its Content solely for your personal, non-commercial purposes in accordance with these Terms. This licence does not include the right to:

• Resell or commercially exploit any Content;
• Modify, adapt, or create derivative works from any Content;
• Download or copy account information for the benefit of any third party;
• Use any data mining, robots, or similar data gathering or extraction tools.

Any unauthorised use of the Content will immediately terminate the licence granted above and may constitute an infringement of our intellectual property rights.

6. Third-Party Links and Content

This Website may contain links to third-party websites, services, or resources that are not owned or controlled by DHAN KUBER INVESTMENTS LLC. We provide these links as a convenience only and do not endorse, recommend, or assume any responsibility for the content, privacy practices, or terms of any third-party website. Your access to and use of any third-party website is entirely at your own risk and subject to the terms and conditions of that website.

We have no control over, and assume no responsibility for, the content, accuracy, or availability of any third-party websites or resources. We encourage you to review the privacy policies and terms of use of any third-party websites you visit.

7. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE THAI LAW, THIS WEBSITE AND ITS SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

DHAN KUBER INVESTMENTS LLC expressly disclaims all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
• That the Website will be uninterrupted, error-free, or free of viruses or other harmful components;
• That the information, content, or results obtained through the Website will be accurate, reliable, timely, or complete;
• That any errors in the Website will be corrected.

Property prices, availability, project details, and other real estate information presented on this Website are provided for general reference only and may not reflect the most current market conditions. We strongly advise you to verify all information independently and consult qualified professionals before making any property-related decisions.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY THE LAWS OF THE KINGDOM OF THAILAND, IN NO EVENT SHALL DHAN KUBER INVESTMENTS LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY:

• Indirect, incidental, special, consequential, or punitive damages;
• Loss of profits, revenue, data, goodwill, or business opportunities;
• Damages resulting from your reliance on any information obtained through the Website;
• Damages arising from unauthorised access to or alteration of your transmissions or data;
• Damages resulting from any interruption or cessation of the Services.

Our total aggregate liability to you for any claim arising out of or relating to these Terms or your use of the Website shall not exceed the greater of (a) the total fees paid by you to us in the twelve (12) months preceding the event giving rise to the claim, or (b) Thai Baht 1,000 (THB 1,000).

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you to the full extent.

9. Indemnification

You agree to defend, indemnify, and hold harmless DHAN KUBER INVESTMENTS LLC, its directors, officers, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable legal fees) arising out of or relating to:

• Your violation of these Terms;
• Your use or misuse of the Website or Services;
• Your violation of any applicable Thai law or regulation;
• Your infringement of any third-party intellectual property rights;
• Any content you submit, post, or transmit through the Website;
• Any misrepresentation you make in connection with your use of the Website.

We reserve the right, at our own expense, to assume exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case you agree to cooperate fully with our defence of that matter.

10. Force Majeure

DHAN KUBER INVESTMENTS LLC shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay results from circumstances beyond our reasonable control, including but not limited to:

• Acts of God, including floods, earthquakes, typhoons, or other natural disasters;
• Epidemic or pandemic, including government-imposed restrictions relating thereto;
• Acts of war, terrorism, civil unrest, or government action;
• Industrial disputes, strikes, or labour actions;
• Power failures, internet service provider failures, or telecommunications outages;
• Cyberattacks, hacking, or distributed denial-of-service (DDoS) attacks beyond our reasonable control.

In the event of a force majeure event, we will use commercially reasonable efforts to resume normal operations as quickly as possible and will notify users of material disruptions where practicable.

11. Governing Law and Jurisdiction

These Terms and any disputes arising from or related to your use of this Website shall be exclusively governed by and construed in accordance with the laws of the Kingdom of Thailand, without regard to its conflict of law principles.

You agree to submit to the exclusive jurisdiction of the competent courts of 4200 N Tamiami Trl, Sarasota, Florida, 34234-3860, United States for the resolution of any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof.

The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

12. Dispute Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms or your use of the Website, the parties agree to attempt to resolve the matter through the following process:

1. Informal Resolution: Either party must first provide written notice to the other party describing the nature and basis of the claim and the relief sought. The parties shall then use good-faith efforts to resolve the dispute informally within thirty (30) calendar days of such notice.
2. Mediation: If informal resolution is unsuccessful, the parties may agree to refer the dispute to mediation administered by the Thailand Arbitration Center (THAC) or the Thai Mediation Center under the relevant mediation rules in force at that time.
3. Litigation: If the dispute cannot be resolved through informal negotiation or mediation, either party may bring the claim before the competent courts of 4200 N Tamiami Trl, Sarasota, Florida, 34234-3860, United States, as provided in Section 11 above.

Nothing in this Section shall prevent either party from seeking urgent interlocutory or injunctive relief from a court of competent jurisdiction to prevent irreparable harm pending the resolution of a dispute.

13. Modification of Terms

We reserve the right to amend, update, or replace these Terms at any time at our sole discretion. When we make material changes to these Terms, we will update the "Last Updated" date at the top of this page and, where appropriate, notify registered users via email or a prominent notice on the Website.

Your continued use of the Website after the effective date of any revised Terms constitutes your binding acceptance of those changes. If you do not agree to the revised Terms, you must immediately discontinue your use of the Website and, if applicable, close your account.

We encourage you to review these Terms periodically to stay informed of any updates. The most current version of the Terms will always be available at https://thailandtomorrowday.com/terms-of-use.

14. Termination

These Terms are effective until terminated. We may, at our sole discretion and without prior notice or liability, immediately suspend, restrict, or terminate your access to the Website and Services for any reason, including if we believe you have violated any provision of these Terms, applicable law, or for any other reason we deem appropriate.

Upon termination:

• Your licence to use the Website and its Content shall immediately cease;
• You must immediately stop all use of the Website;
• We may, but are not obligated to, delete your account and any associated data in accordance with our Privacy Policy and applicable Thai law, including the PDPA.

Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 5 (Intellectual Property), 7 (Disclaimer of Warranties), 8 (Limitation of Liability), 9 (Indemnification), 11 (Governing Law), and 15 (Severability).

15. Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable under applicable Thai law, such provision shall be deemed modified to the minimum extent necessary to make it enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. The invalidity or unenforceability of any provision shall not affect the validity and enforceability of the remaining provisions, which shall continue in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or policies published by us on the Website, constitute the entire agreement between you and DHAN KUBER INVESTMENTS LLC with respect to your use of the Website and Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the same subject matter.

No failure or delay on our part to exercise any right or remedy under these Terms shall operate as a waiver thereof. No waiver of any provision shall be effective unless made in writing and signed by an authorised representative of DHAN KUBER INVESTMENTS LLC.

17. Language

These Terms are written in the English language. In the event that these Terms are translated into Thai or any other language, the English language version shall prevail in the case of any inconsistency or dispute regarding interpretation, to the extent permitted by applicable law.

18. Personal Data and Privacy

The collection, use, and protection of your personal data is governed by our Privacy Policy, which is available on this Website and is incorporated into these Terms by reference. By using our Website, you consent to the collection and use of your personal data in accordance with our Privacy Policy and in compliance with the Personal Data Protection Act B.E. 2562 (2019) (PDPA) of Thailand.

If you have any concerns regarding our handling of your personal data, please contact our Data Protection Officer at [email protected].

19. Electronic Communications

By using this Website and providing us with your email address or other contact information, you consent to receive electronic communications from us. These communications may include notices about your account, transactional information, and promotional materials. You agree that any notices, agreements, disclosures, or other communications we send to you electronically satisfy any legal requirement that such communications be in writing, in accordance with the Electronic Transactions Act B.E. 2544 (2001).

You may opt out of promotional communications at any time by following the unsubscribe instructions included in such communications or by contacting us directly.

20. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Use, please do not hesitate to contact us using the details below:

We aim to respond to all legitimate enquiries within five (5) Thai business days. For urgent matters relating to security incidents or alleged legal violations, please mark your communication as "URGENT" in the subject line.

These Terms of Use were last updated on 1 January 2025 and are effective as of that date. © 2025 DHAN KUBER INVESTMENTS LLC. All rights reserved.