Terms of Use

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

Welcome to Smart Living TH (legally registered as JAI SHREE LAXMI KUBER LLC), operating the website tomorrowlthailand.digital (the "Website"). Please read these Terms of Use ("Terms") carefully before accessing or using any part of our Website or services. By accessing, browsing, or using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you must immediately cease using the Website.

1. Acceptance of Terms

These Terms constitute a legally binding agreement between you ("User", "you", or "your") and JAI SHREE LAXMI KUBER LLC ("Company", "we", "us", or "our"). Your use of the Website and any services offered through it signifies your unconditional acceptance of these Terms, our Privacy Policy, and any other policies or guidelines published on the Website, all of which are incorporated herein by reference.

If you are accessing or using the Website on behalf of a business, organisation, or other legal entity, you represent and warrant that you have full authority to bind that entity to these Terms, and references to "you" shall include that entity.

Users must be at least 20 years of age (the age of full legal capacity under Thai law) or, if between 15 and 20 years of age, must have obtained the prior consent of a parent or legal guardian before using the Website. By using the Website, you represent that you meet these age requirements.

2. Description of Services

Smart Living TH provides smart living solutions, digital products, home automation information, consultation resources, and related content and services designed for residents and businesses in Thailand. Our services may include, but are not limited to:

• Information and educational content about smart home and smart building technologies;
• Online consultation request and inquiry forms;
• Product showcases, comparisons, and buying guides;
• News, blog articles, and industry updates relevant to smart living in Thailand;
• Customer support and after-sales service information;
• Any other digital services we may introduce from time to time.

We reserve the right to modify, expand, reduce, or discontinue any aspect of our services at any time without prior notice, subject to applicable Thai law. Continued use of the Website following any such modification constitutes your acceptance of the updated services.

3. User Responsibilities and Acceptable Use

By using the Website, you agree to use it solely for lawful purposes and in a manner consistent with all applicable laws and regulations of the Kingdom of Thailand, including but not limited to the Computer Crimes Act B.E. 2550 (2007) and its amendments, the Personal Data Protection Act B.E. 2562 (2019) (PDPA), and the Electronic Transactions Act B.E. 2544 (2001).

You agree NOT to:

• Use the Website in any way that violates any applicable local, national, or international law or regulation;
• Upload, post, transmit, or share content that is unlawful, harmful, threatening, abusive, defamatory, obscene, hateful, or otherwise objectionable;
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity;
• Attempt to gain unauthorised access to any part of the Website, its servers, or any system or network connected to the Website;
• Use automated scripts, bots, spiders, scrapers, or other automated means to access, collect data from, or interact with the Website without our express written consent;
• Transmit any unsolicited commercial communications (spam) through or in connection with the Website;
• Introduce viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
• Interfere with or disrupt the integrity or performance of the Website or the data contained therein;
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website;
• Use the Website to collect or store personal data about other users without their consent in violation of the PDPA;
• Reproduce, duplicate, copy, sell, or exploit any portion of the Website for commercial purposes without our express written authorisation.

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these provisions, including without limitation reporting such conduct to law enforcement authorities in Thailand.

4. Intellectual Property Rights

All content on this Website — including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the overall design and layout of the Website — is the exclusive property of JAI SHREE LAXMI KUBER LLC or its content suppliers and is protected under the Copyright Act B.E. 2537 (1994) of Thailand and applicable international intellectual property treaties.

The Smart Living TH name, logo, and all related marks, product and service names, designs, and slogans are trademarks of JAI SHREE LAXMI KUBER LLC or its affiliates and may be registered with the Thai Department of Intellectual Property. You may not use such marks without our prior written permission. All other trademarks appearing on this Website are the property of their respective owners.

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Website solely for your personal, non-commercial purposes as intended by these Terms. This licence does not include the right to:

• Modify or create derivative works based on the Website or its content;
• Publicly display, perform, or distribute any content from the Website;
• Use the Website for any commercial purpose without our express written consent;
• Remove or alter any copyright, trademark, or other proprietary notices.

Any unauthorised use of our intellectual property will terminate the licence granted herein and may expose you to civil and criminal liability under Thai law.

5. Disclaimer of Warranties

The Website and all information, content, materials, products, and services included on or otherwise made available to you through the Website are provided by JAI SHREE LAXMI KUBER LLC on an "as is" and "as available" basis, without any representations or warranties of any kind, whether express, implied, statutory, or otherwise.

To the fullest extent permitted by applicable Thai law, we expressly disclaim all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
• Any warranty that the Website will be uninterrupted, timely, secure, or error-free;
• Any warranty regarding the accuracy, reliability, completeness, or currency of any information or content provided on the Website;
• Any warranty that defects will be corrected or that the Website or the servers that make it available are free of viruses or other harmful components.

Information published on this Website is for general informational purposes only and does not constitute professional advice. You should seek independent professional advice before making any decisions based on the information provided on the Website.

6. Limitation of Liability

To the maximum extent permitted by applicable law in Thailand, JAI SHREE LAXMI KUBER LLC, its directors, officers, employees, agents, suppliers, and licensors shall not be liable for any:

• Direct, indirect, incidental, special, consequential, or punitive damages arising out of or in any way connected with your use of, or inability to use, the Website or its content;
• Loss of data, loss of profits, loss of business, or loss of goodwill;
• Damages resulting from any unauthorised access to or alteration of your transmissions or data;
• Damages resulting from any third-party content or conduct on the Website;
• Damages arising from your reliance on any information obtained through the Website.

In any event, our total cumulative liability to you for all claims arising out of or relating to these Terms or your use of the Website shall not exceed the amount you have actually paid to us, if any, in the twelve (12) months preceding the claim, or Thai Baht 1,000 (THB 1,000), whichever is greater.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

7. Indemnification

You agree to defend, indemnify, and hold harmless JAI SHREE LAXMI KUBER LLC and its affiliates, directors, officers, employees, agents, contractors, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to:

• Your use or misuse of the Website;
• Your violation of any provision of these Terms;
• Your violation of any applicable law or regulation, including Thai law;
• Your violation of any third-party right, including intellectual property rights or privacy rights;
• Any content you submit, post, or transmit through the Website.

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

8. Third-Party Links and Content

The Website may contain links to third-party websites, services, or resources. These links are provided solely for your convenience and informational purposes. JAI SHREE LAXMI KUBER LLC does not endorse, control, or assume any responsibility for the content, privacy policies, or practices of any third-party websites. We encourage you to review the terms and privacy policies of any third-party websites you visit.

Your access to and use of linked third-party websites is entirely at your own risk. We shall not be liable for any loss or damage that may arise from your use of any third-party content, goods, or services.

9. Privacy and Personal Data Protection

Your privacy is important to us. Our collection, use, storage, and disclosure of your personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference and complies with the Personal Data Protection Act B.E. 2562 (2019) (PDPA) of Thailand. By using the Website, you consent to the processing of your personal data as described in our Privacy Policy.

You have the right to access, correct, delete, and object to the processing of your personal data, as well as the right to data portability and the right to withdraw consent, in accordance with the PDPA. To exercise your rights, please contact our Data Protection Officer at [email protected].

10. Force Majeure

JAI SHREE LAXMI KUBER LLC shall not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure results from circumstances beyond our reasonable control, including but not limited to:

• Acts of God, natural disasters, floods, storms, earthquakes, or other extreme weather events;
• Acts of government, war, armed conflict, terrorism, civil unrest, or national emergencies declared by Thai authorities;
• Epidemics or pandemics;
• Strikes, labour disputes, or industrial action;
• Internet or telecommunications infrastructure failures, power outages, or cyberattacks;
• Changes in applicable laws or regulations imposed by Thai governmental authorities.

In such events, we will make reasonable efforts to resume performance as soon as practicable. Force majeure events do not excuse payment obligations that have already fallen due.

11. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Kingdom of Thailand, without regard to its conflict of law principles.

Subject to the dispute resolution provisions in Section 12 below, you irrevocably submit to the exclusive jurisdiction of the competent courts of Bangkok, Thailand to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation.

12. Dispute Resolution

We encourage Users to contact us first to resolve any concerns informally. If you have a dispute arising from or related to these Terms or your use of the Website, please send a written description of the dispute to [email protected] and we will attempt to resolve it within 30 calendar days.

If informal resolution is unsuccessful, the following process applies:

1. Negotiation: The parties shall attempt to resolve the dispute through good-faith negotiation for a period of at least 30 days from the date one party notifies the other of the dispute in writing.
2. Mediation: If negotiation fails, either party may refer the dispute to mediation administered by the Thai Arbitration Institute (TAI) or the Alternative Dispute Resolution Office under the Ministry of Justice of Thailand, in accordance with applicable Thai mediation rules. Costs of mediation shall be shared equally unless otherwise agreed.
3. Litigation: If mediation is unsuccessful, either party may pursue legal action before the competent courts in Bangkok, Thailand, as described in Section 11.

Nothing in this Section prevents either party from seeking urgent injunctive or other equitable relief from a court of competent jurisdiction where necessary to protect its rights.

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, we will update the "Last Updated" date at the top of this page and, where reasonably practicable, provide notice through the Website or by email to registered users.

Your continued use of the Website after any changes to these Terms are posted shall constitute your acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the Website immediately. We encourage you to review these Terms periodically to stay informed of any updates.

14. Termination

We may, in our sole discretion and without prior notice or liability, suspend or terminate your access to the Website or any portion thereof at any time for any reason, including if we believe you have violated or acted inconsistently with these Terms or applicable law.

Upon termination:

• Your right to access and use the Website immediately ceases;
• Any provisions of these Terms that by their nature should survive termination shall survive, including Sections 4 (Intellectual Property), 5 (Disclaimer of Warranties), 6 (Limitation of Liability), 7 (Indemnification), 11 (Governing Law), 12 (Dispute Resolution), and 15 (Severability).

You may also terminate your use of the Website at any time by simply ceasing to access it. Termination does not relieve you of any obligations or liabilities that arose prior to termination.

15. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction in Thailand or any other relevant jurisdiction, such provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, or if it cannot be so modified, it shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions, which shall remain 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 JAI SHREE LAXMI KUBER LLC with respect to your use of the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, between you and us regarding the Website.

No waiver by us of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

17. No Waiver

Any failure by JAI SHREE LAXMI KUBER LLC to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Waivers must be in writing and signed by an authorised representative of JAI SHREE LAXMI KUBER LLC to be effective. A waiver of any particular breach shall not constitute a waiver of any subsequent breach of the same or any other provision.

18. Assignment

You may not assign or transfer these Terms, or any rights or obligations hereunder, without our prior written consent. Any attempted assignment in violation of this provision shall be null and void. We may freely assign or transfer these Terms, including in connection with a merger, acquisition, corporate restructuring, or sale of assets, without restriction or notice to you.

19. Electronic Communications

By using the Website or communicating with us electronically, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically — including by email or by posting notices on the Website — satisfy any legal requirement that such communications be in writing, to the extent permitted by the Electronic Transactions Act B.E. 2544 (2001) of Thailand.

20. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Use, or if you wish to report a violation, please contact us using the details below:

We aim to respond to all enquiries within 5 business days (Monday to Friday, excluding Thai public holidays). For urgent matters relating to data protection, please mark your correspondence "PDPA – Urgent".

These Terms of Use were last reviewed and updated on 1 January 2025. JAI SHREE LAXMI KUBER LLC reserves all rights not expressly granted herein. © 2025 JAI SHREE LAXMI KUBER LLC. All rights reserved.