Legal Information
Terms of Service
Effective Date: 2 August 2025 • Last Updated: 2 August 2025
Welcome to The Modern Estate
By choosing our services, you're entrusting us with your information. We don't take this lightly—we're dedicated to protecting your data and empowering you with control over how it's used.
Agreement to Terms
By accessing and using The Modern Estate (themodernestate.co.th), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by these Terms of Service, you are not authorized to use or access our services.
Description of Service
The Modern Estate is a real estate information platform that provides:
- Property Listings: Information about residential and commercial properties in Phuket, Thailand
- Property Search: Tools to filter and discover properties based on your preferences
- Contact Services: Facilitation of communication between potential buyers/renters and property developers/agents
- Property Information: Detailed descriptions, images, floor plans, and pricing information
- Location Services: Interactive maps and location-based property discovery
Acceptance of Terms
These Terms of Service constitute a legally binding agreement between you and The Modern Estate. By using our website, you represent that:
- You are at least 18 years of age
- You have the legal capacity to enter into this agreement
- You will use the Service in accordance with these terms
- All information you provide is accurate and truthful
Use License and Restrictions
Permitted Uses
You may use our Service for:
- Personal, non-commercial property research
- Legitimate property inquiries and communications
- Sharing property listings for informational purposes
- Downloading property brochures and materials for personal use
Prohibited Uses
You may not use our Service to:
Illegal Activities
- Violate any applicable laws or regulations
- Engage in fraudulent or deceptive practices
- Harass, abuse, or harm other users or our staff
Technical Abuse
- Attempt to gain unauthorized access to our systems
- Use automated tools to scrape or harvest data
- Overwhelm our servers with excessive requests
- Reverse engineer or attempt to extract our source code
Commercial Misuse
- Resell or redistribute our property information without permission
- Use our data for competing real estate platforms
- Copy our listings for unauthorized commercial purposes
- Impersonate our company or affiliated agents
Spam and Abuse
- Submit false or misleading contact information
- Send unsolicited communications through our platform
- Attempt to circumvent our rate limiting and security measures
- Upload malicious content or files
Property Information Disclaimer
Information Accuracy
While we strive to provide accurate and up-to-date information:
- No Warranty: We do not guarantee the accuracy, completeness, or reliability of property information
- Third-Party Data: Much of our information comes from developers and agents who are responsible for its accuracy
- Changes: Property availability, pricing, and details may change without notice
- Verification Required: You should independently verify all information before making any decisions
Not Professional Advice
Our Service does not constitute:
- Legal advice regarding property transactions
- Financial advice about investments
- Tax advice about property ownership
- Professional real estate consulting
Independent Verification
You are responsible for:
- Conducting due diligence on any property of interest
- Verifying legal ownership and property rights
- Confirming pricing and availability directly with sellers/agents
- Obtaining professional advice for transactions
Intellectual Property Rights
Our Content
All content on The Modern Estate is protected by intellectual property laws:
Owned Content
- Website design and layout
- Original descriptions and content
- Software and technical infrastructure
- Trademarks and brand elements
Licensed Content
- Property images (used with permission from developers)
- Floor plans and architectural drawings
- Marketing materials from property developers
User Content
When you submit content to our platform:
Your Rights
- You retain ownership of content you create
- You grant us a license to use, display, and distribute your content
- You can request removal of your submissions
Our Rights
- We may moderate, edit, or remove inappropriate content
- We may use your feedback to improve our services
- We may display your inquiries to relevant agents/developers
User-Generated Content
Contact Form Submissions
When you submit contact forms:
- Your information will be shared with relevant property developers/agents
- We may use your inquiries to improve our matching services
- Your submissions are subject to our Privacy Policy
Responsibility for Content
You are responsible for:
- Ensuring accuracy of information you provide
- Respecting others' privacy and rights
- Not submitting false or misleading information
- Complying with applicable laws
Third-Party Services and Links
Our website integrates with third-party services:
Mapping Services (Mapbox)
- Subject to Mapbox's terms of service
- May collect location data as described in our Privacy Policy
Email Services
- Contact form submissions are processed through third-party email providers
- Subject to their respective privacy policies and terms
WhatsApp Integration
- Clicking WhatsApp links redirects you to WhatsApp's platform
- Subject to WhatsApp's terms of service and privacy policy
External Links
- We may link to external websites for additional information
- We are not responsible for the content or practices of external sites
- External sites have their own terms and privacy policies
Privacy and Data Protection
Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms of Service by reference.
Data Collection
We collect personal information as described in our Privacy Policy, including:
- Contact form submissions
- IP addresses for security purposes
- Usage data for service improvement
Your Rights
You have rights regarding your personal data as outlined in our Privacy Policy, including rights to access, correct, and delete your information.
Disclaimers and Limitation of Liability
Service Availability
- No Uptime Guarantee: We strive for reliable service but cannot guarantee 100% uptime
- Maintenance: We may temporarily suspend service for maintenance and updates
- Technical Issues: We are not liable for temporary service interruptions
Information Disclaimers
- "As Is" Basis: Information is provided without warranties of any kind
- No Investment Advice: We do not provide investment or financial advice
- Third-Party Information: We rely on developers and agents for property information accuracy
Limitation of Liability
To the fullest extent permitted by law:
Excluded Damages
We are not liable for:
- Indirect, incidental, or consequential damages
- Lost profits or business opportunities
- Damages arising from reliance on our information
- Damages from third-party actions or content
Maximum Liability
Our total liability for any claims related to our Service shall not exceed the amount you paid us for using our Service (which is currently zero for basic usage).
Termination
Your Right to Terminate
You may stop using our Service at any time. If you wish to delete your data, please contact us as outlined in our Privacy Policy.
Our Right to Terminate
We may suspend or terminate your access to our Service:
Immediate Termination
- For violation of these Terms of Service
- For illegal or harmful activities
- For technical abuse or security threats
- At our sole discretion with or without notice
Effect of Termination
Upon termination:
- Your right to use the Service ceases immediately
- We may retain certain information as required by law
- Termination does not affect previously submitted inquiries
- These Terms remain in effect regarding prior use
Updates to Terms
Right to Modify
We reserve the right to modify these Terms of Service at any time. Changes may be made to:
- Reflect changes in our services
- Comply with legal requirements
- Improve user experience
- Address security or technical issues
Notice of Changes
When we make material changes:
- We will post the updated Terms on our website
- We will update the "Last Updated" date
- We may notify users via email or website notification
- Your continued use constitutes acceptance of the updated Terms
Governing Law and Jurisdiction
Applicable Law
These Terms of Service are governed by and construed in accordance with:
- Primary Jurisdiction: [To be determined based on business registration]
- International Users: Subject to local consumer protection laws where applicable
- Conflict Resolution: Governed by [specify jurisdiction] law
Dispute Resolution
Informal Resolution
Before initiating formal proceedings, we encourage:
- Direct communication to resolve disputes
- Good faith negotiation
- Mediation if necessary
Formal Proceedings
For disputes that cannot be resolved informally:
- Jurisdiction: Courts of [specify location]
- Language: Proceedings conducted in English
- Applicable Law: [Specify governing law]
General Provisions
Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
Entire Agreement
These Terms of Service, together with our Privacy Policy, constitute the entire agreement between you and The Modern Estate regarding your use of our Service.
No Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.
Assignment
You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
Force Majeure
We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, government actions, or technical failures.
Contact Information
For questions about these Terms of Service:
The Modern Estate Legal Team
Email: info@themodernestate.co.th
Phone: +66 63 081 1214
Address: Townhouse 60/69, Eva Town Road, Wichit, Mueang Phuket District, Phuket 83000
Specific Inquiries
Terms Questions: info@themodernestate.co.th
Privacy Matters: Privacy Policy
Technical Issues: info@themodernestate.co.th
Property Information: Use our contact form
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If you have questions about our legal policies, please contact us.