Executive Summary

This report outlines comprehensive Terms and Conditions (T&Cs) for www.d-luckproperty.com, a real estate platform. These T&Cs are designed to establish a legally binding agreement between D-Luck Property and its users, clearly defining the rights, responsibilities, and obligations of all parties. A primary objective is to ensure stringent compliance with relevant Thai legal frameworks, including the Personal Data Protection Act (PDPA), the Electronic Transactions Act (ETA), and the Consumer Protection Act (CPA). Furthermore, the T&Cs address potential extraterritorial obligations under the General Data Protection Regulation (GDPR), particularly if the platform targets or monitors individuals within the European Union.

1. Introduction to D-Luck Property Terms and Conditions

Purpose and Scope of the Agreement

These Terms and Conditions serve as the foundational legal agreement governing all interactions with www.d-luckproperty.com. They define the relationship between D-Luck Property, the operator of the website and its associated services, and any individual or entity accessing or utilizing these services, herein referred to as “Users.” The scope of this agreement is broad, encompassing all forms of engagement with the platform, from passive browsing of property listings to active participation such as creating user accounts, listing properties, searching for real estate, contacting agents, and engaging in electronic transactions.

Acceptance of Terms

By accessing, browsing, or otherwise using any part of www.d-luckproperty.com, Users are considered to have reviewed, understood, and implicitly accepted these Terms and Conditions. For actions requiring a higher level of commitment, such as account registration, explicit consent will be obtained, typically through an affirmative action like clicking an “I agree” button. D-Luck Property reserves the right to modify these T&Cs periodically to adapt to evolving legal landscapes, technological advancements, and business practices.

2. Website Usage and User Conduct

Permitted Use of the Platform

Users are granted a limited, non-exclusive, non-transferable, and revocable license to access and use D-Luck Property for personal, non-commercial purposes in accordance with these T&Cs. Permitted uses include, but are not limited to, searching for properties, viewing property listings, submitting inquiries to agents or property owners, and utilizing any interactive features provided by the platform for legitimate real estate-related activities.

Prohibited Activities and Content

To maintain a secure, lawful, and equitable environment, certain activities and types of content are strictly prohibited on D-Luck Property. These prohibitions include:

• Engaging in any illegal activities, such as fraud, harassment, money laundering, gambling, prostitution, or distributing pornographic material
• Infringing upon the intellectual property rights of D-Luck Property or third parties
• Attempting to breach or circumvent the website’s security systems
• Providing false, inaccurate, or misleading information, particularly in relation to property listings
• Impersonating any person or entity, falsely stating affiliations, or engaging in defamatory conduct
• Sending unsolicited emails (spamming), engaging in phishing, or collecting payments for assisting in sending unsolicited emails
• Uploading irrelevant or inappropriate listing images
• Advertising multiple projects or units within a single listing

3. User Accounts and Registration Requirements

Certain features and services on D-Luck Property may require users to register and create an account. During the registration process, users are required to provide accurate, current, and complete information. It is the user’s responsibility to maintain and promptly update their account details to ensure their accuracy at all times. Users must keep their account credentials confidential and secure, accepting full responsibility for all activities occurring under their account.

In the event of any unauthorized use or security breach of their account, users are obligated to notify D-Luck Property immediately. D-Luck Property reserves the right to suspend or terminate user accounts at its sole discretion, without prior notice, for conduct that violates these T&Cs, is deemed harmful to other users, or compromises the platform’s integrity.

4. User-Generated Content (UGC) Policy

D-Luck Property may allow users to contribute content to the platform, such as property listings, reviews, comments, or other submissions. This user-generated content (UGC) can be visible to or accessible by other users. Before users can create or upload any UGC, they are required to explicitly accept D-Luck Property’s Terms and Conditions and/or user policies.

The platform’s UGC policy defines objectionable content and behaviors, prohibiting material that is sexually explicit, illegal under applicable law, or constitutes child endangerment. To ensure a safe and reliable environment, D-Luck Property implements robust, effective, and ongoing UGC moderation.

While users retain copyright to the content they create, by posting, submitting, or transmitting any content to D-Luck Property, users grant the platform a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content.

5. Intellectual Property Rights

Ownership of Website Content and Trademarks

D-Luck Property asserts and retains all intellectual property rights over the content and elements of its website. This includes, but is not limited to, all text, graphics, logos, images, audio clips, digital downloads, data compilations, software, and the unique compilation and arrangement of property data displayed on www.d-luckproperty.com. All such content is protected by applicable Thai and international copyright, trademark, and other intellectual property laws.

User Content Licensing and Permissions

When users submit content to D-Luck Property, such as property listings, descriptions, photographs, or reviews, they grant D-Luck Property a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content. This broad license is crucial for the operational functionality and promotional activities of the platform.

6. Real Estate Specific Terms

Role of D-Luck Property as an Online Intermediary Platform

D-Luck Property functions as an online intermediary service, leveraging computer networks to facilitate connections between various users, including business users (such as real estate agents and property owners) and consumers (prospective buyers or renters). The primary aim is to enable the conclusion of electronic transactions related to real estate.

Property Listing Accuracy Disclaimer

D-Luck Property emphasizes that the information provided on property listings is furnished by the respective owners or their authorized agents. While this information is generally “deemed reliable,” D-Luck Property does not guarantee its accuracy, completeness, or currency. Users, particularly prospective purchasers, are strongly advised and responsible for independently verifying all details.

Responsibilities of Buyers, Sellers, and Agents

To ensure a fair and efficient marketplace, specific responsibilities are placed upon different user types:

• Agents and Sellers: Must provide genuine, real-time listings; accurate descriptions; appropriate images; and maintain current account information
• Buyers: Responsible for conducting due diligence and independently verifying all information provided in listings
• General: All users are expected to adhere to fair housing laws and principles of non-discrimination

7. Disclaimers and Limitation of Liability

General Disclaimers

D-Luck Property provides its services on an “as-is” and “as-available” basis. While efforts are made to ensure the accuracy and reliability of information, D-Luck Property makes no warranties or guarantees, express or implied, regarding the completeness, accuracy, reliability, suitability, or availability of the website or the information, products, services, or related graphics contained on the website for any purpose.

Limitation of Liability for the Platform

To the fullest extent permitted by applicable law, D-Luck Property, its directors, employees, agents, and affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from the use or the inability to use the website or its services.

8. Dispute Resolution and Governing Law

Choice of Law

These Terms and Conditions, and any disputes or claims arising out of or in connection with them or the use of www.d-luckproperty.com, shall be governed by and construed in accordance with the laws of the Kingdom of Thailand.

Dispute Resolution Mechanisms

In the event of any dispute, controversy, or claim arising out of or relating to these Terms and Conditions or the use of D-Luck Property’s services, users are encouraged to first contact D-Luck Property directly to seek an informal resolution. If an informal resolution cannot be reached, the parties agree to explore alternative dispute resolution mechanisms, such as mediation or arbitration, before resorting to litigation.

9. Compliance with Applicable Laws

Thai Personal Data Protection Act (PDPA) Obligations

The Personal Data Protection Act 2019 (PDPA) is Thailand’s first comprehensive data protection law, effective from June 1, 2022. D-Luck Property operates in full compliance with PDPA requirements, including obtaining explicit consent for data collection, appointing a Data Protection Officer where required, respecting data subject rights, and implementing proper data breach notification procedures.

Thai Electronic Transactions Act (ETA) Implications

As a digital platform service, D-Luck Property is subject to the Royal Decree on the Operation of Digital Platform Service Businesses under the ETA. This includes implementing transparency measures, business user registration and identity verification, product listing compliance, complaint management systems, and actions against noncompliant business users.

Thai Consumer Protection Act (CPA) Requirements

D-Luck Property complies with the Consumer Protection Act B.E. 2522 (1979), ensuring fair contract terms, truthful advertising and marketing practices, consumer rights to information, and effective complaint management and redress mechanisms.

General Data Protection Regulation (GDPR) Extraterritoriality Assessment

The GDPR’s extraterritorial application may be relevant for D-Luck Property if it processes personal data of individuals located in the European Union. D-Luck Property assesses its obligations under both the “establishment” and “targeting” criteria outlined in GDPR Article 3.

10. Amendments and Termination

Process for Changes to Terms and Conditions

D-Luck Property reserves the right to amend, modify, or update these Terms and Conditions at any time. Such changes will be effective immediately upon posting the revised T&Cs on the website. D-Luck Property will endeavor to provide reasonable notice of significant changes through appropriate communication channels.

Conditions for Termination or Suspension

D-Luck Property reserves the right, at its sole discretion, to suspend or terminate a user’s account or access to all or part of its services without notice for various reasons, including violation of these Terms and Conditions, engagement in illegal activities, providing false information, or persistent violations of platform rules.

11. Contact Information