TERMS OF SERVICE
Last updated: 05/2022
1. Contractual Relationship
These Terms of Use (“Terms”) govern the access or use by you, an
individual, from within any country in the world of applications, websites,
content, products, and services (the “Services”) made available by ANYWHEEL CO.,
LTD., a private company established in the Kingdom of Thailand, having its
office at 58/2 Changphuak Road, Sriphum Sub District, Muang Chiang mai, Chiang
Mai Province Postcode 50200.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitutes your agreement to be bound
by these Terms, which establishes a contractual relationship between you and
ANYWHEEL. If you do not agree to these Terms, you may not access or use the
Services. These Terms expressly supersede prior agreements or arrangements with
you. ANYWHEEL may immediately terminate these Terms or any Services with
respect to you, or generally cease offering or deny access to the Services or
any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a
particular event, activity or promotion, and such supplemental terms will be
disclosed to you in connection with the applicable Services. Supplemental terms
are in addition to, and shall be deemed a part of, the Terms for the purposes
of the applicable Services. Supplemental terms shall prevail over these Terms
in the event of a conflict with respect to the applicable Services.
ANYWHEEL may amend the Terms related to the Services from time to time.
Amendments will be effective upon ANYWHEEL’s posting of such updated Terms at
this location or the amended policies or supplemental terms on the applicable
Service. Your continued access or use of the Services after such posting
constitutes your consent to be bound by the Terms, as amended.
Our collection and use of personal information in connection with the
Services is as provided in ANYWHEEL’s Privacy Policy. ANYWHEEL may provide to a
claims processor or an insurer any necessary information (including your
contact information) if there is a complaint, dispute or conflict, which may
include an accident, involving you and a third party and such information or
data is necessary to resolve the complaint, dispute or conflict.
2. The Services
The Services constitute a technology platform that enables users of
ANYWHEEL’s mobile applications or websites provided as part of the Services
(each, an “Application”) to rent public bicycles, including web services of
bicycle-rental software. Unless otherwise agreed by ANYWHEEL in a separate
written agreement with you, the Services are made available solely for your
personal, non-commercial use.
(1) License.
Subject to your compliance with these Terms, ANYWHEEL grants you a
limited, non-exclusive, non-sub- licensable, revocable, non-transferrable
license to: (i) access and use the Applications on your personal device solely
about your use of the Services; and (ii) access and use any content,
information and related materials that may be made available through the
Services, in each case solely for your personal, non-commercial use. Any rights
not expressly granted herein are reserved by ANYWHEEL and ANYWHEEL’s licensors.
(2) Restrictions.
You may not: (i) remove any copyright, trademark or other proprietary
notices from any portion of the Services; (ii) reproduce, modify, prepare
derivative works based upon, distribute, license, lease, sell, resell,
transfer, publicly display, publicly perform, transmit, stream, broadcast or
otherwise exploit the Services except as expressly permitted by ANYWHEEL; (iii)
decompile, reverse engineer or disassemble the Services except as may be
permitted by applicable law; (iv) link to, mirror or frame any portion of the
Services; (v) cause or launch any programs or scripts for the purpose of
scraping, indexing, surveying, or otherwise data mining any portion of the
Services or unduly burdening or hindering the operation and/or functionality of
any aspect of the Services; or (vi) attempt to gain unauthorized access to or
impair any aspect of the Services or its related systems or networks.
(3) Provision of the Services.
You acknowledge that portions of the Services may be made available under
ANYWHEEL’s various brands or request options associated with public bicycles,
including the transportation request brands currently referred to as
“ANYWHEEL”.
(4) Third Party Services.
The Services may be made available or accessed in connection with third
party services and content (including advertising) that ANYWHEEL does not
control. You acknowledge that different terms of use and privacy policies may
apply to your use of such third party services and content. ANYWHEEL does not
endorse such third party services and content and in no event shall ANYWHEEL be
responsible or liable for any products or services of such third party
providers. Additionally, Apple Inc., Alphabet Inc., Facebook, Inc. and/or their
applicable international subsidiaries and affiliates will be third-party
beneficiaries to this contract if you access the Services using Applications
developed for Apple iOS, Android mobile devices, respectively. These third
party beneficiaries are not parties to this contract and are not responsible
for the provision or support of the Services in any manner. Your access to the
Services using these devices is subject to terms set forth in the applicable
third party beneficiary’s terms of service.
(5) Ownership.
The Services and all rights therein are and shall remain ANYWHEEL’s
property or the property of ANYWHEEL’s licensors. Neither these Terms nor your
use of the Services convey or grant to you any rights: (i) in or related to the
Services except for the limited license granted above; or (ii) to use or
reference in any manner ANYWHEEL’s company names, logos, product and service
names, trademarks or services marks or those of ANYWHEEL’s licensors.
3. Your Use of the Services
(1) User Accounts.
In order to use most aspects of the Services, you must register for and
maintain an active personal user Services account (“Account”). You must be in
good health condition for riding, to obtain an Account. Account registration
requires you to submit to ANYWHEEL certain personal information, such as your
name, email and mobile phone number. You agree to maintain accurate, complete,
and up-to-date information in your Account. Your failure to maintain accurate,
complete, and up-to-date Account information may result in your inability to
access and use the Services or ANYWHEEL’s termination of these Terms with you.
You are responsible for all activity that occurs under your Account, and you
always agree to maintain the security and secrecy of your Account username and
password. Unless otherwise permitted by ANYWHEEL in writing, you may only
possess one Account.
(2) User Requirements and Conduct.
You may not authorize third parties to use your Account. You may not
assign or otherwise transfer your Account to any other person or entity. You
agree to comply with all applicable laws when using the Services, and you may
only use the Services for lawful purposes. This includes an age requirement, of
being minimally 16 years old (based on date of birth) upon the time of
registration. You will not, in your use of the Services, cause nuisance,
annoyance, inconvenience, or property damage, whether to any other party.
Failure to comply may lead to suspension of account. In certain instances, you
may also be asked to provide proof of identity to access or use the Services,
and you agree that you may be denied access to or use of the Services if you
refuse to provide proof of identity.
You shall not: (i) submit, upload or publish any defamatory, libellous,
hateful, violent, obscene, pornographic, unlawful, or otherwise offensive
content, (ii) without the prior consent of ANYWHEEL, publish any commercial or
non-commercial advertisements, (iii) infringe any other party’s lawful rights,
including without limitation intellectual property rights, (iv) transfer the
whole ANYWHEEL bicycle or any part of it to any areas by means other than
normal riding whether the ANYWHEEL bicycle is locked or not, (v) user will be
responsible for all losses and damages of the bike in the event the user does
not lock the bike.
(3) Text Messaging.
By creating an Account, you agree that the Services may send you
informational text (SMS) messages as part of the normal business operation of
your use of the Services. Should you have questions about receiving text (SMS)
messages from ANYWHEEL, you may contact ANYWHEEL through hello@anywheel.co.th LINE official:
@anywheel or Facebook page Anywheel Thailand . You acknowledge that opting out
of receiving text (SMS) messages will impact your use of the Services.
(4) Promotional Codes.
ANYWHEEL may, in ANYWHEEL’s sole discretion, create promotional codes that
may be redeemed for Account credit, or other features or benefits related to
the Services, subject to any additional terms that ANYWHEEL establishes on a
per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i)
must be used for the intended audience and purpose, and in a lawful manner;
(ii) may not be duplicated, sold or transferred in any manner, or made
available to the general public (whether posted to a public form or otherwise),
unless expressly permitted by ANYWHEEL; (iii) may be disabled by ANYWHEEL at
any time for any reason without liability to ANYWHEEL; (iv) may only be used
pursuant to the specific terms that ANYWHEEL establishes for such Promo Code;
(v) are not valid for cash; and (vi) may expire prior to your use. ANYWHEEL reserves
the right to withhold or deduct credits or other features or benefits obtained
through the use of Promo Codes by you or any other user in the event that
ANYWHEEL determines or believes that the use or redemption of the Promo Code
was in error, fraudulent, illegal, or in violation of the applicable Promo Code
terms or these Terms.
(5) Network Access and Devices.
You are responsible for obtaining the data network access necessary to use
the Services. Your mobile network’s data and messaging rates and fees may apply
if you access or use the Services from a wireless-enabled device and you shall
be responsible for such rates and fees. You are responsible for acquiring and
updating compatible hardware or devices necessary to access and use the
Services and Applications and any updates thereto. ANYWHEEL does not guarantee
that the Services, or any portion thereof, will function on any particular
hardware or devices. In addition, the Services may be subject to malfunctions
and delays inherent in the use of the Internet and electronic communications.
4. Payment
You understand that use of the Services may result in charges to you for
the services you receive (“Charges”). After you have received services obtained
through your use of the Service, ANYWHEEL will facilitate your payment of the
applicable Charges. Charges will be inclusive of applicable taxes where
required by law. Prior to using ANYWHEEL’s service, you are required to top up
ANYWHEEL Credits and all charges are due immediately. You will not be able to
transfer your ANYWHEEL credits to other users. There is no expiry date for your
ANYWHEEL credits. ANYWHEEL may from time to time provide certain users with
promotional offers and discounts that may result in different amounts charged
for the same or similar services or goods obtained through the use of the
Services, and you agree that such promotional offers and discounts, unless also
made available to you, shall have no bearing on your use of the Services or the
Charges applied to you.
5. Disclaimers; Limitation of Liability;
Indemnity.
(1) Disclaimer.
the services are provided “as is” and “as available.” ANYWHEEL disclaims
all representations and warranties, express, implied, or statutory, not
expressly set out in these terms, including the implied warranties of
merchantability, fitness for a particular purpose and non-infringement. in
addition, ANYWHEEL makes no representation, warranty, or guarantee regarding
the reliability, quality, suitability or availability of the services or any
services or goods requested through the use of the services, or that the
services will be uninterrupted or error-free. you agree that the entire risk
arising out of your use of the services, and any service or good requested in
connection therewith, remains solely with you, to the maximum extent permitted
under applicable law.
(2) Limitation of Liability.
ANYWHEEL shall not be liable for indirect, incidental, special, exemplary,
punitive or consequential damages, including lost profits, lost data, personal
injury or property damage related to, in connection with, or otherwise
resulting from any use of the services, except those resulting solely from the
faults of ANYWHEEL. ANYWHEEL shall not be liable for any damages, liability or
losses arising out of your use of or reliance on the services or your inability
to access or use the services, even if ANYWHEEL has been advised of the
possibility of such damages. ANYWHEEL shall not be liable for delay or failure
in performance resulting from causes beyond ANYWHEEL’s reasonable control.
The limitations and disclaimer in this section (Section 5) do not purport
to limit liability or alter your rights as a consumer that cannot be excluded
under applicable law.
(3) Indemnity.
You agree to indemnify and hold ANYWHEEL and its officers, directors,
employees and agents harmless from any and all claims, demands, losses,
liabilities, and expenses (including attorneys’ fees) arising out of or in
connection with: (i) your use of the Services or services or goods obtained
through your use of the Services; (ii) your breach or violation of any of these
Terms; (iii) your violation of the rights of any third party, including
injurers in accidents.
6. Governing Law; Arbitration.
Except as otherwise set forth in these Terms, these Terms shall be
exclusively governed by and construed in accordance with the laws of the
Kingdom of Thailand.
7. Other Provisions
(1) Notice.
ANYWHEEL may give notice by means of a general notice on the Services, or
by text (SMS) messages. You may give notice to ANYWHEEL by emailing hello@anywheel.co.th.
(2) General.
You may not assign or transfer these Terms in whole or in part without
ANYWHEEL’s prior written approval. You give your approval to ANYWHEEL for it to
assign or transfer these Terms in whole or in part, including to: (i) a
subsidiary or affiliate; (ii) an acquirer of ANYWHEEL’s equity, business or
assets; or (iii) a successor by merger. No joint venture, partnership,
employment or agency relationship exists between you and ANYWHEEL as a result
of the contract between you and ANYWHEEL or use of the Services.
If any provision of these Terms is held to be illegal, invalid or
unenforceable, in whole or in part, under any law, such provision or part
thereof shall to that extent be deemed not to form part of these Terms but the
legality, validity and enforceability of the other provisions in these Terms
shall not be affected. In that event, the parties shall replace the illegal,
invalid or unenforceable provision or part thereof with a provision or part
thereof that is legal, valid and enforceable and that has, to the greatest
extent possible, a similar effect as the illegal, invalid or unenforceable
provision or part thereof, given the contents and purpose of these Terms. These
Terms constitute the entire agreement and understanding of the parties with
respect to its subject matter and replaces and supersedes all prior or
contemporaneous agreements or undertakings regarding such subject matter. In
these Terms, the words “including” and “include” mean “including, but not
limited to.”