These Terms and Conditions of Service (“Terms of Service”) govern your membership on Yayaphuket.com and your purchases and use of products and services available through the Sri panwa Sites. The Yaya Sites are operated by Sri panwa Luxury Hotel Phuket Thailand and/or its subsidiaries and affiliates (collectively, “Yaya”). Your use of the Yaya Sites and these terms are also governed by the Website Terms of Use (“Terms of Use”), which are incorporated herein by reference. www.yayaphuket.com/terms-conditions/

By establishing membership on Yaya Boutique sites, or using Yaya Phuket Services, you signify your agreement to be bound by the following conditions.

1. GENERAL

These Terms of Service have been executed and delivered by you and constitute a valid and binding agreement between you and Yaya boutique. You shall establish and use your membership on the Yayaphuket Sites, and purchase and use the products and services available through the Sri panwa Sites, in strict compliance with these Terms of Service and all applicable laws, rules and regulations (collectively, “Laws”). All calls, e-mails and other communications between you and Yayaphuket may be recorded.

2. PRIVACY NOTICE

Please review our Privacy Notice located at www.yayaphuket.com/privacy-policy, which governs your use of Yayaphuket Services, to understand our practices. You consent to any personal information we may obtain about you (either via the Sri panwa Sites, by e-mail, telephone or any other means) being collected, stored and otherwise processed in accordance with the terms of the Privacy Notice. Yayaphuket may update its Privacy Notice periodically, in its sole discretion, and post an updated version of the notice at the website address provided above.

3. YAYA MEMBERSHIP

  • Establishing a Membership

You may establish membership on the Yaya Sites. At a minimum, enrollment requires you to (1) indicate agreement to these Terms of Service, (2) provide contact information and identification details, and (3)submit any other form of authentication required as part of the enrollment process, in Yayaphuket’s sole discretion. You agree to accept responsibility for all activities that occur under your account or password. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account. We encourage you to review our Information Security Policy for information about some of the measures you may take to help protect your account, but we cannot guarantee that implementing such measures will ensure the security of the account or your information.

  • Use of Membership

You shall not use your Yaya membership for any competitive purpose to Yayaphuket. You will notify Yayaphuket immediately by e-mailing yaya@sripanwa.com of any unauthorized use of your Yayaphuket membership or the Yaya Sites known to you, whether by you or a third party.

  • Membership Termination

You may cancel your Yaya membership at any time by contacting Yayaphuket Customer Relations team as specified on the “Contact Us” page on the Yayaphuket Sites. Yaya may terminate your membership and refuse any and all current or future use of the Yaya Sites or other services, or any portion thereof; (1) in order to comply with applicable Laws, (2) if you provide any information that Yaya determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (3) if Yaya determines, in its sole discretion, that you are using your Yaya membership in a manner not permitted by these Terms of Service or the Terms of Use, or (4) in other circumstances, as Yaya deems appropriate in its sole discretion.

4. PURCHASES

  • Order Processing 

Yaya or sellers may choose not to process or to cancel your order in certain circumstances. This may occur; for example, when the product or service you wish to purchase is out of stock or has been mispriced, we suspect the request is fraudulent, or in other circumstances Yaya deems appropriate in its sole discretion. Yaya also reserves the right, in its sole discretion, to take steps to verify your identity to process your order. Yaya will either not charge you or refund the charges for orders that we do not process or cancel.

  • Product and Service Descriptions

Yaya attempts to provide accurate descriptions of products and services on the Yaya Sites. Yaya does not warrant; however, that the descriptions are accurate, complete, reliable, current or error-free. If a product or service offered on the Yaya Sites is not as described, your sole remedy is to return the item, as specified in these Terms & Conditions.

  • Pricing Information

Yaya strives to provide accurate pricing information regarding the products and services available on the Yaya Sites. We cannot; however, insure against pricing errors. Yaya reserves the right, at its sole discretion, not to process or to cancel any orders placed for a product or service whose price was incorrectly posted on the site as a result of an error. If this occurs, Yaya will notify you by e-mail. In addition, Yaya reserves the right, at its sole discretion, to correct any error in the stated full retail price.

  • Product Availability

The Yaya Sites may contain information regarding the availability of merchandise. This information can be used to estimate the likelihood that an item will be shipped immediately after you place your order. Unfortunately, Yaya cannot guarantee that an item listed as “in stock” will actually ship right away, as inventory level can change significantly from day-to-day. In rare cases, a product offering may be in stock when a customer places the order, and sold out by the time Yaya attempts to process the order. Should this happen, Yaya will notify you by e-mail. Product offerings that are out-of-stock generally are no longer available. If Yaya determines that a product you wish to purchase is no longer available, the item will be cancelled from your order. Yaya will notify you by e-mail and delete the item from the Yaya Sites.

  • Shipping and Tax

Click www.yayaphuket.com/shipping for our policy regarding domestics shipping and www.yayaphuket.com/international for our policy regarding international shipping and tax, which may change from time to time.

5. ENTIRE AGREEMENT

These Terms of Service constitute the entire agreement between you and Yaya regarding the specific matters herein, and all prior agreements, letters, proposals, discussions and other documents regarding the matters herein are superseded and merged into these Terms of Service. In the event that there is a conflict between these Terms of Service and the Terms of Use with respect to the matters herein, these Terms of Service will control.

6. SEVERABILITY

If any provision of these Terms of Service enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be deemed to be restated to reflect the parties’ original intentions as nearly as possible in accordance with applicable laws.

7. MODIFICATION OF TERMS OF SERVICE

You acknowledge and agree that Yaya may, in its sole discretion, modify, add or remove any portion of these Terms of Service at any time and in any manner, including the terms of Yaya membership, by posting revised Terms of Service on the Site. You may not amend or modify these Terms of Service under any circumstances. The current version of these Terms of Service is available at www.yayaphuket.com/termsOfUse. It is your responsibility to check periodically for any changes we may make to the Terms of Service. Your continued use of this Site after any changes to the Terms of Service means you accept the changes.

8. EFFECT OF TERMINATION/SURVIVAL OF SELECTED PROVISIONS

Notwithstanding the expiration or earlier termination of your Yaya membership, or any general legal principles to the contrary, any provision of these Terms of Service that impose or contemplate continuing obligations or rights of a party will survive expiration or termination of these Terms of Service.

9. EFFECTIVE DATE

January 22nd , 2013