DISCLAIMER TERMS AND CONDITIONS

All Users should read the Disclaimer Terms and Conditions set out below before accessing and using this Web Site. By accessing and using this Web Site you agree to be bound by the Terms and Conditions set out below. If you do not wish to be bound by these Terms and Conditions you should not access or use the Web Site.

1. Definitions

"Agreement" means these terms and conditions under which you agree to be bound in the event you access or use this Web Site;

"Phangan Info Co. Ltd" shall mean Phangan Info Co. Ltd of 159/8 Moo 1, Thongsala, Koh Phangan, Suratthani 84280, Thailand;

"Disclosed Information" means any and all material disclosed by the User;

"Information" means any and all material contained in this Web Site which is delivered by or on behalf of Phangan Info Co. Ltd or any associates thereof;

"Third Party Material" means any material contributed by a third party being any party other than Phangan Info Co. Ltd including without limitation Disclosed Information which shall include advertisements and promotional materials;

"Unacceptable Content" means any material of any nature whatsoever which: (i) is defamatory, libellous, obscene, in contempt of court or in contravention of any law, statute, directive or regulation; or (ii) infringes the rights of any third party; or (iii) promotes violence or discrimination based on race, sex, religion, national origin, physical disability, mental disability, age or which promotes illegal activities; or (iv) contains viruses, worms, trojan horses, or any other contaminants that may be used to access and/or modify, delete or damage any data files or other computer programmes;

"User" means you, the Web Site user whether in a personal or corporate capacity or otherwise;

"Web Site" means this web site including all content and any Information, Disclosed Information or Third Party Material.

2. Web Site Content

The Web Site (and for the avoidance of doubt all content therein) is owned by, or licensed to Phangan Info Co. Ltd its associates, assignees, licensees or sub-licensees thereof. The copyright and any other intellectual property rights in the text, artwork, graphics and images on the Web Site shall be owned by Phangan Info Co. Ltd except where attributed to another party.

3. User's Obligations

The User undertakes:

(a) that it will only use the Website for its own private purpose;
(b) that it shall not use, alter or interfere with the Web Site other than as expressly permitted in this Agreement and without limitation it shall, and it shall not authorise any third party to perform any actions or authorise any third party to perform any actions which could interrupt, reproduce, store, retransmit, publish, damage, render less efficient, corrupt or in anyway alter the Website;
(c) to ensure the Disclosed Information and its use of the Web Site does not contain or constitute Unacceptable Content;
(d) that it shall not use the Web Site to transmit any material for the purposes of publicity, promotion and/or advertising without the prior written consent of Phangan Info Co. Ltd;
(e) that in the event it has any complaint, right, claim, or action against any other User or other third party arising out of the use of the Web Site it shall notify Phangan Info Co. Ltd of such complaint, right, claim and/or action but shall pursue such complaint, right, claim or action independently of and without recourse to Phangan Info Co. Ltd unless Phangan Info Co. Ltd requests the user to do otherwise do so;
(f) and agrees that all intellectual property rights (including without limitation copyright, trade marks and all other rights) whatsoever in the Web Site shall remain vested in Phangan Info Co. Ltd at all times;
(g) and acknowledge that Phangan Info Co. Ltd has no obligation to provide the Web Site or to ensure the User is able to use and/or access the Web Site;
(h) acknowledges and understands the exclusion of liability and disclaimer provisions contained in Clause 4;
(i) to indemnify and keep indemnified Phangan Info Co. Ltd against all claims, liabilities, damages, costs and expenses including legal fees (on a solicitor and own client basis) arising out of any breach or misuse of the Web Site and/or of the User's obligations under this Agreement.

4. Exclusion and Disclaimer of Liability

4.1 Phangan Info Co. Ltd provides the Web Site on an "as is" basis and makes no warranty or representation about the availability, completeness, accuracy, satisfactory quality, merchantability and/or fitness of the same for a particular purpose. Without limitation, Disclosed Information and Third Party Material has not been checked by Phangan Info Co. Ltd and any information submitted or any reliance placed on the same is entirely at the risk of the User.

4.2 Further, Phangan Info Co. Ltd makes no warranty or representation about; (a) the reliability or technical efficiency of the Web Site; (b) the security measures (if any) contained in the Web Site and in particular the protection afforded to any Disclosed Information or other information and data; (c) whether the Web Site is Year 2000 compliant; (d) the suitability of the Web Site or any of the web sites which may be accessible from the Web Site.

4.3 Phangan Info Co. Ltd excludes all liability (so far as is permitted by law) including without limitation in respect of; (a) any material, data or web sites which can be accessed from the Web Site and any reliance which is placed on the same; (b) any opinions and expressions made by third parties which can be accessed via the Web Site or which are contained in the Website; (c) any damage to the User, third parties, the Users' computer hardware, software or other material or equipment resulting from the User accessing or using the Web Site.

4.4 Without limitation, in the event Phangan Info Co. Ltd is found liable herein, the parties agree that its total liability shall not exceed one hundred pounds or the total value of any monies paid by the claimant to Phangan Info Co. Ltd in respect of the Web Site (which ever is the greater).

4.5 Nothing in this Agreement shall be construed to exclude the liability of Phangan Info Co. Ltd for death or personal injury cause by negligence. Phangan Info Co. Ltd shall not be liable for any indirect or consequential loss or damage howsoever caused (including but not limited to loss of profit, anticipated savings, wasted expenditure, loss of data and/or loss of opportunity) arising out of or in connection with this Agreement.

5. Termination

Phangan Info Co. Ltd shall have the right to terminate this Agreement and/or suspend or terminate the Users license and/or the Web Site immediately and without notice to the User. In the event of termination or suspension the warranties and obligations of the User shall continue to apply beyond the lifetime of this Agreement.

6. Data

The User agrees that any Disclosed Information or other data including without limitation the User's name, address, location and other relevant information relating to the User can be used by Phangan Info Co. Ltd in any manner it sees fit (to include the sale thereof to third parties for commercial purposes) and without prior notification to the User. The User may decline to have its details used in this way, in which case it should email the Blue Moon Webmaster at online@credittoday.co.uk.

7. Amendments to Terms and Conditions

Phangan Info Co. Ltd reserves the right to change and amend these Terms and Conditions from time to time. The Users continued use or access of the Web Site after such change or amendment shall be deemed to confirm the User's acceptance of any such change or amendment. It is the User's responsibility to check these Terms and Conditions regularly to determine whether any such amendment has been made. If the User does not wish to be bound by any revised Terms and Conditions it should stop using and accessing the Web Site.

8. Confidentiality

The User undertakes with Phangan Info Co. Ltd that it will treat as confidential the terms of this Agreement together with all information (including without limitation the Disclosed Information and the Information) whether of a technical or commercial nature or otherwise relating in any manner to the business or affairs of Phangan Info Co. Ltd as may be communicated to it hereunder or otherwise in connection with this Agreement (including without limitation in connection with accessing the Web Site) and will not disclose such information to any person firm or company (other than to its auditors and other professional advisers who shall be under a similar obligation of confidence and as part of its normal reporting or review procedure) or to the media and will not use such information other than for purposes of this Agreement subject always to any prior specific authorisation in writing by Phangan Info Co. Ltd of such disclosure or use. This obligation shall endure beyond the termination of this Agreement without limit in point in time except and until any confidential information enters the public domain otherwise than through default of the party receiving the same.

9. Severability

If any provision of this Agreement shall be prohibited by or adjudged by a Court to be unlawful void or unenforceable such provision shall to the extent required be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement and shall not in any way affect any other circumstances or the validity or enforcement of this Agreement.

10. No waiver

No failure or delay on the part of any of the parties to this Agreement relating to the exercise of any right power privilege or remedy provided under this Agreement shall operate as a waiver of such right power privilege or remedy or as a waiver of any preceding or succeeding breach by the other party to this Agreement.

11. Assignment

Phangan Info Co. Ltd may freely charge licence transfer assign or otherwise dispose of any of its rights or obligations hereunder. The User shall not be entitled to charge license transfer assign or otherwise dispose of any of its rights or obligations hereunder without the prior written consent from Phangan Info Co. Ltd.

12. Entire Agreement

This Agreement contains the full and complete understanding between the parties and supersedes all prior arrangements and understandings whether written or oral appertaining to the subject matter of this Agreement and may not be varied except by an instrument in writing signed by all of the parties to this Agreement.

13. Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of England and Wales the courts of which shall be the non-exclusive courts of competent jurisdiction.