Terms & Conditions

1. Definitions

In these Terms and Conditions, the following terms have the meanings set out below:

• "We", "us", "our" means Luxauct Counsel, a legal practice registered in Thailand and operating from 268 Sathorn Road, Yan Nawa, Sathon, Bangkok 10120.
• "Website" means the website operated at luxxauctions.com.
• "Services" means the commercial litigation services described on our website, including Pre-Action Strategy Memoranda, First-Instance Court Representation, and Substantial Litigation Programmes.
• "Client" or "you" means any company or individual who engages our Services or uses our Website.
• "Engagement Letter" means a written agreement confirming the scope, fee, and terms of a specific engagement between us and a Client.
• "PDPA" means Thailand's Personal Data Protection Act B.E. 2562 (2019).

2. Acceptance of Terms

By using our Website or engaging our Services, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions. If you are acting on behalf of a company or organisation, you represent that you have authority to bind that entity.

Our Services are available only to individuals and entities aged 18 or over with capacity to enter a legally binding agreement. We do not provide services to individuals under 18.

Use of this Website constitutes acceptance of these terms. If you do not agree, please do not use the Website or submit an enquiry.

3. Service Description

Luxauct Counsel provides commercial litigation services in Thailand across three engagement formats: a Pre-Action Strategy Memorandum (฿4,400), First-Instance Court Representation in mid-sized disputes (฿24,400), and a Substantial Litigation Programme for disputes with cross-border elements (฿39,000).

Each engagement is confirmed in a written Engagement Letter. The specific scope, deliverables, fees, and timeline of each engagement are set out in that letter. In the event of any conflict between these Terms and an Engagement Letter, the Engagement Letter prevails.

Our services are delivered in Thailand and are subject to Thai law and the professional regulations of the Lawyers Council of Thailand. We do not provide legal advice in jurisdictions outside Thailand, though we may coordinate with overseas counsel in cross-border matters.

4. Website Use

The content on this Website is provided for general information purposes only. It does not constitute legal advice and does not create a solicitor-client or lawyer-client relationship. Submitting an enquiry form does not establish an engagement; an engagement is formed only on the execution of an Engagement Letter.

You agree to use this Website only for lawful purposes and in a manner that does not infringe the rights of others. You must not:

• Submit false, misleading, or fraudulent information through our forms
• Attempt to gain unauthorised access to any part of the Website or its infrastructure
• Use the Website in any way that could damage, disable, or impair its operation
• Copy, reproduce, or distribute Website content without our prior written consent

5. Intellectual Property

All content on this Website — including text, design, structure, and graphics — is the property of Luxauct Counsel and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works from Website content without our express written permission.

Legal documents, memoranda, and written reports produced in the course of an engagement remain the intellectual property of Luxauct Counsel but are licensed to you on a non-exclusive basis for the purpose of your matter.

6. Fees and Payment

The fees for each engagement format are as set out on our Website and confirmed in the Engagement Letter. All fees are stated in Thai Baht (THB). Court filing fees, translation costs, and other disbursements are not included in the engagement fee and will be agreed in advance before they are incurred.

Payment terms are set out in the Engagement Letter. Where payment is not received by the due date, we reserve the right to suspend work on the matter until payment is received, without liability for any consequence of that suspension.

Our fees do not constitute a prediction or commitment as to the outcome of any matter.

7. Confidentiality

We treat all information relating to your matter as strictly confidential in accordance with our professional obligations. We will not disclose client information to third parties except as required by law, court order, or professional regulation, or as necessary to conduct your engagement (for example, where coordination with overseas counsel is within scope).

You agree to treat as confidential any information we provide to you that is marked confidential or that a reasonable person would understand to be confidential.

8. Disclaimers

Legal advice is provided based on the facts and documents presented to us at the time of the engagement. We cannot account for facts that are not disclosed to us. Our assessments represent our professional opinion based on the information available and do not represent a commitment as to how a court will determine a matter.

Website content is provided for information purposes only and may not reflect the most recent legal developments. We recommend seeking specific advice rather than relying on general information published on this Website.

9. Limitation of Liability

To the fullest extent permitted by Thai law, our liability to you in connection with any engagement shall be limited to the fees paid by you for that specific engagement. We shall not be liable for indirect, consequential, or special losses, including but not limited to loss of profit, loss of opportunity, or business interruption, whether arising in contract, tort, or otherwise.

Nothing in these Terms limits our liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot lawfully be excluded or limited.

10. Force Majeure

We shall not be in breach of these Terms or an Engagement Letter where our performance is prevented or delayed by circumstances beyond our reasonable control, including court closures, natural disasters, government action, or other events outside our control. We will notify you promptly of any such event and its expected impact on the engagement.

11. Indemnification

You agree to indemnify and hold harmless Luxauct Counsel and its counsel against any claims, losses, damages, or expenses (including reasonable legal costs) arising from your breach of these Terms or from any false or misleading information provided to us in connection with an engagement.

12. Termination

Either party may terminate an engagement on written notice. If you terminate an engagement, you remain liable for fees for work completed to the date of termination. We may terminate an engagement with immediate effect if you fail to pay fees when due, provide false information, or require us to act in a manner inconsistent with our professional obligations.

Termination does not affect accrued rights or obligations. Clauses relating to confidentiality, intellectual property, limitation of liability, and dispute resolution survive termination.

13. Dispute Resolution

These Terms and any engagement between us are governed by the laws of the Kingdom of Thailand. Any dispute arising in connection with these Terms or an engagement shall be subject to the exclusive jurisdiction of the courts of Bangkok, Thailand.

Before commencing formal proceedings, the parties agree to attempt to resolve any dispute by good-faith negotiation for a period of 30 days from the date of written notice of the dispute.

14. General Provisions

• Entire agreement: These Terms, together with any applicable Engagement Letter, constitute the entire agreement between the parties in relation to their subject matter and supersede all prior representations and agreements.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions continue in full force.
• Waiver: Failure to enforce any provision of these Terms does not constitute a waiver of the right to enforce it at a later time.
• Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights in connection with a practice restructuring or transfer.
• Notices: Notices under these Terms shall be given in writing and delivered to the addresses in the Engagement Letter or, for website-related matters, to [email protected].

15. Changes to These Terms

We may update these Terms from time to time. The revised Terms will be posted on this page with an updated "Last Updated" date. Changes do not affect engagements already in progress under a signed Engagement Letter. Continued use of the Website after a change constitutes acceptance of the revised Terms.

16. Contact