Samart Corporation Public Company Limited, located at 99/1 Moo 4, Software Park Building 35 floor, Chaengwattana Rd., Klong Gluar, Pak-kred, Nonthaburi 11120 (the "Company," "Samart", "We," "Our" or "Us") owns and operates a website located at (the "Site"). Please read the following terms and conditions, as amended from time to time (the "Terms and Conditions"), carefully before using the Site. By accepting these terms and conditions, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions. If you do not agree to the Terms and Conditions, please do not use the Site.
  1. 1Our Services

    1. Samart develops and operates a system and the Site as an online portal which provides services of receiving the applications for visa on arrival in Thailand and passing such visa applications to the Immigration Bureau of Thailand (the "Service(s)"). We are not authorized to perform and will not be involved with any verification nor consideration of the visa applications or the information and documents provided, nor conduct due diligence or background checks.
    2. These Terms and Conditions may be changed as appropriate at Samart's discretion, and Samart shall publish the changes on this page. If We do this, We will post the changes on this page and will indicate at the top of this page the date these terms were last revised. You agree to regularly check this page for any updates. Changes shall not apply retroactively, and shall become effective no sooner than 14 days after they are posted. However, changes addressing new functions of the Site or made for legal reasons shall be effective immediately. If you do not agree to the modified Terms and Conditions, you must discontinue your use of the Site.
  2. 2Application procedure

    1. You may apply for the visa on arrival by two different application processes, which are either: (i) you submit the application on your behalf through your account via the Site, or (ii) you are a travel agency who submits the application on behalf of the visa applicant(s) through your account via the Site.
    2. You may enable or log in to the Service via various online third party services, such as web portals of airlines (the "Third Party Services"). By logging in or directly integrating these Third Party Services into the Service, the Third Party Services will provide us with access to certain information that you have provided to such Third Party Services, and We will use, store and disclose such information.

      You understand and agree that Third Party Services' use, storage and disclosure of your information is governed solely by the terms and conditions and policies of such third parties, and Samart shall have no liability nor responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service. Samart is not responsible for the accuracy, availability or reliability of any information, content, or statements made available in connection with Third Party Services. Samart is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Third Party Services.

    3. For the purpose of processing the visa application, you will be required to provide the information and upload documents of the applicant(s) to your account. We will forward the visa application, all required information and documents to the Immigration Bureau of Thailand for verification, consideration, due diligence and background checks based on the information and documents provided.
    4. Upon the complete submission of the application, you will be required to make payment of non-refundable fees in connection with the visa for which you have applied to the designated payment gateway provided by a third party chosen by Samart. When We receive confirmation of your successful payment, We will proceed with the next step in the application process. We will not continue with the visa application process unless and until you have made successful payment.
    5. We reserve the right to close the application process, at Our sole discretion, in the following circumstances, without limitation: (i) if your payment has not been authorized; or (ii) if you have not complied in any way with these Terms and Conditions.
    6. We may provide you an update on the due diligence and background checks by the Immigration Bureau of Thailand from time to time, and will notify you of the pre-approval or rejection from the Immigration Bureau of Thailand directly via email to the account you provided to Us. Samart is not responsible for your failure to receive the email due to spam filters or incorrect spelling of the email address.
    7. If the application is rejected, We will close the application process and in such case, we will not return or refund any fees paid by you. If the application is pre-approved, you understand and agree that the Immigration Bureau of Thailand grants you a pre-approval and reserves the right to conduct further due diligence upon arrival at the immigration checkpoint in Thailand. The pre-approval does not guarantee your entry into Thailand.
    8. You acknowledge and agree that it is important that you immediately verify that all the documentary information is correct and that the passport of the applicant is valid.
  3. 3Visa processing

    1. Samart endeavors to provide complete and current information regarding the visa requirements on the Site. However, We cannot guarantee that the information supplied is the most complete and current. Samart is not responsible for such information. Visa requirements, regulations and laws applicable to visa processing are established by the competent authorities and are subject to change without notice. Samart is not responsible for such changes nor for any delay or loss relating to such changes.
    2. Unless such loss or damage occurred from gross negligence or willful misconduct of Samart or its directors, employees, or agents, Samart shall not be liable for any costs, damages, and expenses from any fault or cause whatsoever, including but not limited to liability for changes in travel, travel interruptions, or prevention or limitation of travel and resulting expenses and costs, whether such damages, expenses or costs be incidental, direct, consequential, special, exemplary, or otherwise, and including but not limited to loss of profits or income, in excess of the Service fees paid to Us, regardless of circumstances, whether or not Samart had knowledge that such damages might be incurred.
    3. We strive to duly provide Our Services. However, you understand and agree that the processing time We publish in Our Site is an estimated time and We cannot guarantee the processing time of the visa applications by the Immigration Bureau of Thailand. We shall not be responsible in any respect or for any amount for delay or loss caused by events that We cannot or do not control, including but not limited to force majeure events.
    4. Samart is not responsible for the actions or inaction of the government officials and personnel. Samart is not responsible for the actions and inactions of the Immigration Bureau of Thailand and/or competent authorities.
  4. 4Payment

    1. When the visa application is submitted and processed, you are required to make the following payments: (i) the visa application fee paid to the Immigration Bureau of Thailand; and (ii) the fee for Our Services, which We will charge for Our Services, regardless of whether the visa application fee in (i) will be charged or waived by the competent government authorities. You agree that these fees are non-refundable. You shall be responsible for all taxes associated with the Services. The waiver or reduction of the visa application fee as announced by the competent government authorities will not retroactively affect the visa application fee which you have earlier made before such announcement is made by the competent government authorities.
    2. You shall make the payment for the visa application via credit card, by wire transfer or any other payment methods through the payment gateway provided by the third party chosen and provided by Samart. To make any payment by using credit cards and/or debit cards through the designated payment gateway, you must agree to and comply with the separate service terms of the card issuers or of the payment gateway service providers which will be applicable to your payment transaction. Please ensure that you read those service terms carefully before making any payment.
    3. Upon your successful payment, you will receive a confirmation of successful payment. We will generate a link in Our email to you which directs you to the receipt of the visa application fee issued by the Immigration Bureau of Thailand. If you would like to obtain a receipt of payment made for the fee for Our Services, you may request it from Us and We will provide it to you through the available methods as We may inform you from time to time.
  5. 5Discontinuation of the application process

    If you wish to discontinue the application process, you can stop the application process at any time prior to successful payment of the application fee (e.g. before clicking on "finish transaction" when you pay through the designated payment gateway). In such case, you can reach out to Us to request deletion of all documents and personal info provided. This does not interfere with your right to erasure under applicable data protection law.

  6. 6Termination

    Samart may, on reasonable grounds, terminate your registration or restrict your access to the Site at any time. Such reasonable grounds may include your failure to comply with these Terms and Conditions. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities.

  7. 7Intellectual Property Rights

    1. All text, formatting (including without limitation the selection, coordination and arrangement of materials on the Site), and the images, graphics, animation, tools, widgets, applications, commercials, videos, music, sounds, articles, copy, creative materials, photos, trademarks, service marks, trade names, and logos, and other materials and information on this Site are the intellectual property rights of Samart, its subsidiaries and affiliates (collectively "Content"). These materials may not be copied, reverse engineered, decompiled, disassembled, modified, reposted to other web sites, framed, deep linked to, changed, or otherwise distributed, redistributed, licensed, sublicensed or transferred in any form by you, unless expressly permitted under these Terms and Conditions.
    2. The trademarks, logos, trade names and service marks, whether registered or unregistered (collectively the "Trademarks") displayed on the Site are Trademarks of Samart and its third party alliance partners. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Samart or such third party that may own the Trademark.
    3. Any unauthorized commercial use of these materials will violate Samart's intellectual property rights and will be subject to Samart's full legal rights and remedies.
  8. 8Use of the Site

    1. By consenting to the Terms and Conditions, you agree that: (i) if you submit your visa application by yourself and on your behalf, you represent only yourself here and no other person. If you are a travel agency, you represent the applicant whose visa application is submitted by you via this Site, and you represent and warrant that you have and will retain all necessary rights required for submission of the visa application on behalf of the applicants, to access the applicant's personal information, including without limitation, obtaining all consents, notices, approvals, authorizations from the visa applicants for collection, use, disclosure and/or transfer of their personal data under applicable data protection laws; (ii) you will provide and maintain true, accurate, current and complete information to Samart; (iii) you have reached the legal age and are fully able and competent to enter into these Terms and Conditions under the applicable laws and to abide by and comply with them and if you are under the legal age, you have obtained consent of your parent or legal guardian to use the Service; (iv) you will not use the Site to reproduce, duplicate, copy, sell, resell, distribute, publish, or exploit for any commercial purpose the software, content, offers, experiences, products, or services provided by Samart or obtained through the Site without obtaining the express, prior written consent of Samart (this restriction includes any attempt to incorporate any information from the Site into any other directory, product, or service); (v) you will provide for your own access to use the Site, including, but not limited to, obtaining and maintaining all telephone, computer hardware and software, and other equipment and paying all related charges; (vi) you will not use the Site in any manner that adversely affects the availability of its resources or enjoyment by other users or in any manner that could damage, disable, overburden, or impair Samart's or service provider's servers or networks; and (vii) you will not use the Site or any purpose that is unlawful or prohibited by the Terms and Conditions.
    2. You are entirely responsible for maintaining the security and confidentiality of your account, user name and password, and you are responsible for all activities and conduct by you or anyone else that are conducted through your account. We may treat any access to or use of the Services at any time by your user name and password as your use and/or access, notwithstanding that it may have been used by any other person without your knowledge or authority. You agree to notify Samart immediately of any unauthorized use of your account or any other breach of security. Samart or agents will not be liable for any loss or damages of any kind that may arise as a result of someone else using your password or account, either with or without your knowledge; however, you may be held liable for any losses incurred by Samart or another party due to someone else using your account or password where you knew or should reasonably have known that such use was occurring or where such use occurred due to your negligence, misconduct or failure to take reasonable measures to maintain the security and confidentiality of your account, user name and password.
    3. We are granting you a limited, nonexclusive, revocable license for you to view, print or download the application (and the Content thereof) from the Site for your own personal use and strictly for the purpose of completing the visa application process. You are not granted the right to license, republish, distribute, copy, assign, sublicense, transfer, sell, prepare derivative works or adaptations or other non-personal use of any Content on the Site.
    4. You may not use automated systems (e.g., robots, spiders, etc.) to access the Site. You agree not to collect personally identifiable information of other users of the Site or to sell or otherwise exploit that information.
    5. Samart retains the right to deny access to this Site to anyone without notice for any material violation of any of these Terms and Conditions, including any use rights, or for any inappropriate use of the Site.
  9. 9Third Party content and links to other web sites

    The Site may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that Samart is not responsible for the content or availability of any such sites.

  10. 10Disclaimer of warranty

    1. Samart will use reasonable efforts to ensure that all material on this Site is correct. Samart will not guarantee accuracy and does not assume any responsibility or liability for the accuracy, completeness or authenticity of any information contained in this Site.
    2. The Site, the offers and all content contained herein are provided to you "as is," and "as available," and to the extent permitted by law and all warranties and guarantees, express, implied or imposed by law, are hereby disclaimed, including any warranty or guarantee of merchantability, goods being of acceptable quality, title/non-infringement, quality of information, or fitness for a particular purpose.
    3. To the extent permitted by law, as between you and Samart, no information obtained by you from Samart through the Site shall create any warranty not expressly stated herein. To the extent permitted by law and except to the extent that the relevant fault or defect has been caused by Samart's gross negligence or unlawful conduct: (i) Samart disclaims all warranties and guarantees regarding the availability of the Site, that the Site will operate error-free, that the offer terms and conditions or details are accurate, that defects will be corrected or that the site is free of viruses or other harmful components; (ii) your use of this Site is at your own risk; (iii) any content downloaded or otherwise obtained through this Site is provided at your own risk; and (iv) you are solely responsible for any damage to your computer system or any data loss that may result from your use of the Site, including without limitation, damage resulting from computer viruses. If any jurisdiction does not allow the exclusion of implied warranties or statutory guarantees, the above exclusions will not apply to you to extent that such laws apply to these Terms and Conditions.
  11. 11Disclaimer of Damages and Limitation of Liability

    1. To the extent permitted by law and except to the extent that the relevant damage or loss has been caused by gross negligence or unlawful conduct on the part of Samart, its business partners, employees, representatives or their respective affiliates, in no event shall Samart, its business partners or their respective affiliates be liable for any indirect, special, punitive, exemplary, consequential damages whatsoever, property damage, loss of use, loss of business, economic loss, loss of data or loss of profits, without regard to the form of action (including but not limited to contract, negligence, or other tortious actions) arising out of or in connection with your use or access of the site, offers or its content, even if Samart or its business partners, employees, representatives or affiliates have been advised of the possibility of such damage or loss.
    2. Except in respect of any rights or remedies you may have under any laws (including any statutory guarantees) or in any other circumstances where Samart is not able to exclude or limit its liability, in no event shall Samart's total liability to you for all damages, losses, and causes of action, whether in contract, tort (including, but not limited to, negligence), or otherwise exceed the amount paid by you for the fee of Our Services, if any, for accessing or participating in any activity related to the Site.
  12. 12Indemnification

    You agree to defend, indemnify, and hold Samart, its subsidiaries and affiliates, and their respective directors, officers, employees, and agents harmless against all claims and expenses, including, but not limited to, attorney's fees, arising out of, or in connection with: (i) any breach of these Terms and Conditions by you; (ii) any fraud, misconduct, or negligence by you; and (iii) any violation of any applicable law or regulation by you.

  13. 13Disputes and complaints

    If a dispute arises between you and Samart, or you wish to file a complaint regarding Samart, such disputes or complaints can be reported to [email protected]. The Immigration Bureau shall be solely responsible for verification of the information and document, approve or reject the visa application submitted by you. You agree to direct your queries and any concerns related to the visa application directly to the Immigration Bureau.

  14. 14Customer service

    For assistance with questions regarding these Terms and Conditions (including any of the related policies) or other inquiries regarding the Site, you may first refer to the FAQ section of the Site or contact Us by email at [email protected].

  15. 15Miscellaneous

    1. These Terms and Conditions shall be construed, interpreted and performed exclusively according to the laws of Thailand without giving effect to any principles of conflicts of law. The courts of Thailand shall have exclusive jurisdiction to hear and adjudicate any dispute arising from, or in connection with, the Services provided by Us.
    2. These Terms and Conditions may not be assigned by you. Samart may assign its rights and obligations set forth in these Terms and Conditions at any time.
    3. Should any part or provision of these Terms and Conditions be held unlawful, void, invalid or unenforceable, that portion shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
    4. Except as provided herein, these Terms and Conditions constitute the entire agreement between you and Samart pertaining to their subject matter. Certain provisions of these Terms and Conditions may be superseded or added to by designated legal notices or terms located on particular pages, applications, tools or other materials that you may access within this Site.
    5. Samart's failure to enforce any provision of these Terms and Conditions or any additional terms shall not restrict Samart's ability or right to enforce such provision at a later time.
    6. These Terms and Conditions and any related documents may be accepted in electronic form (e.g., by an electronic or other means of demonstrating assent) and your acceptance will be deemed binding between you and Samart.
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