Welcome to EVme (the "App" or "EVme"). EVme is a digital platform that provides access to on-demand mobility services to users in Thailand. EVme grants the services on communication tools or electronic equipment that allows the users to access mobility services, all features, content, news, promotion, privileges, loyalty program, and software applications associated with our services, and facilitates the users in relation to electric vehicles (EV) and other related services (the "Services").
The terms and conditions for use of EVme application ("Terms and Conditions") determine the relationship between EVme Plus Company Limited ("Company" or "we" or "us") and the Evme user ("you") for the Services and App. This Terms and Conditions apply to the Company's provision of the Services and App to you and provide information about your rights and obligations consisting of limitations and exceptions, including duties in accordance with applicable laws and regulations.
By downloading or using the App, this Terms and Conditions will automatically apply to you. You should make sure that you read them carefully before using the App. If you do not agree to this Terms and Conditions, please do not use or continue using the App. If there are other additional terms and conditions, guidelines and/or policies published pursuant to our Services, you agree to review and comply with such terms and conditions, guidelines and/or policies, together with this Terms and Conditions, when using the Services.
1. General Terms
1.1 The App is currently available for you on Android and iOS, where you can access and use the App via your mobile device. The Company may wish to update the App and change the requirements for both Android and iOS, and for any additional systems that the Company decides to extend the availability of the App, from time to time. You will need to download the updates if you want to keep using the App. The Company will not warrant that the Company will always update the App so that it is relevant to you and/or works with the Android and iOS version that you have installed on your device. It is your responsibility to ensure that the device you are using is compatible with the App. However, you will always accept updates to the App when offered to you.
1.2 When using the App, you will be responsible for any such charges, including roaming data charges if you use the App outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you are using the App, the Company assumes that you have received permission from the bill payer for using the App.
1.3 The Company is not responsible for the App if it is not working at full functionality when you do not have access to Wi-Fi and you have used all of your data allowance. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the App, or other third party charges.
1.4 The Company reserves the right to make changes to the App or to charge for its Services, at any time and for any reason. The Company will never charge you for the App or its Services without making it clear to you exactly what you are paying for.
1.5 The Company may wish to stop providing the App and may terminate use of it at any time. The Company will use reasonable efforts to notify you of such termination through the App or other channels as determined by the Company. Unless the Company tells you otherwise, upon termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the App, and (if needed) delete it from your device.
2. EVme Account
2.1 You agree to register an EVme account with the Company in order to access and use our Services, including but not limited to, the EV subscription service.
2.2 Your EVme account is personal to you and you shall keep confidential your account ID, password or any relevant information. You agree to promptly notify us of any unauthorized use of your EVme account. Notwithstanding the unauthorized use, you agree to be bound by all the actions carried out and information provided through your EVme account.
2.3 You will not allow others to use your EVme account in an unlawful, inaccurate, misleading, false, fraudulent, defamatory, trade libelous, or otherwise unsuitable manner.
2.4 You agree that all information provided during registration of an EVme account and the use of App is true, accurate and complete, and you will promptly notify the Company of any changes to such information.
2.5 You may log in to EVme by using your social account in order to access and use our Services. You may remove your social account that you use to log in to EVme at any time by contact EVme call center.
2.6 The Company reserves the right to modify, restrict or remove your contents, or your access to App or your EVme account at any time if the Company has reason to believe that you have violated or may violate this Terms and Conditions or any applicable laws or regulations.
3. Representations and Warranties
3.1 By using the App, you represent and warrant that:
3.1.1 You are at least 20 (twenty) years old, or that you have the legal capacity to enter into a juristic act;
3.1.2 You will only use the App and our Services and/or participate in various activities in accordance to our Services for the intended and lawful purposes of the Company;
3.1.3 When using the App, you agree to use it in good faith and comply with all applicable laws and this Terms and Conditions;
3.1.4 You will provide us with whatever proof of identity or any other documents, permits, licenses or approvals which the Company may reasonably request or require;
3.1.5 You will not provide or display any content that is false, contrary to or forbidden by laws, rules, regulations, orders or notifications of government agencies or of the Company, or may cause any damage or affect the Company and/or other persons;
3.1.6 You will not attempt to interrupt or harm the App or our Services in any way;
3.1.7 You will not attempt to commercially exploit any part of the App without our permission, including, without limitation, modifying any of the App's content in any way, or copy, reproduce, decompile, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose without our permission;
3.1.8 You will not attempt to extract the source code of the App;
3.1.9 You will not translate the App into other languages, or make derivative versions;
3.1.10 You will keep your mobile device and access the App securely;
3.1.11 You will not jailbreak or root your mobile device, which is the process of removing software restrictions and limitations imposed by the official operating system of your device; and
3.1.12 You will not make your mobile device vulnerable to malware, viruses, malicious programs, or compromise your mobile device’s security features which could make the App work improperly or not work at all.
4. Intellectual Property
4.1 All legal rights, titles, interest and any intellectual property rights in connection with the App and the Services, including but not limited to, trademarks, trade names, copyrights, goodwill, designs, patents, logos, symbols, slogans, know-how, trade secrets, codes, software, technology, programs, Nothing in this Terms and Conditions gives you the right to use any of EVme's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features in any manner whatsoever without the Company's express and prior written consent.
4.2 You grant the Company and its affiliates a royalty-free, non-exclusive, and worldwide right and license to use, reproduce, display, modify, and re-format any and all of your content provided by you strictly in accordance with your instructions and/or requirements, for the purpose of operation of the Company or performance of the App and Services under this Terms and Conditions.
5. Confidentiality
You shall maintain in confidence all information and data relating to EVme, its Services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of the Company (whether orally or in writing and whether before, on or after the date of this Terms and Conditions) or which are otherwise directly or indirectly acquired by you from the Company, or any of its affiliate companies, or created in the course of this Terms and Conditions. You shall further ensure that you only use such confidential information in order to use the Services, and shall not, without the Company's prior written consent, disclose such information to any third party, nor use it for any other purpose. For the avoidance of doubt, Confidential Information does not include any information which (a) at the time of disclosure is generally available to and known by the public (other than as a result of disclosure by the receiving party); (b) was within the receiving party's possession prior to it being furnished to the receiving party, provided that the source of such information was not known by the receiving party to be bound by a confidentiality agreement or other contractual, legal or fiduciary obligation of confidentiality to the disclosing party or any other party with respect to such information; or (c) becomes available to the receiving party on a non-confidential basis from a source other than the disclosing party, provided that such source of information was not known by the receiving party to be bound by a confidentiality agreement or other contractual, legal or fiduciary obligation of confidentiality to the disclosing party with respect to such information.
6. Personal Data Protection
6.1 The App stores and processes personal data that you have provided to us, in order to provide our Services.
6.2 You warrant and represent that you have read and understood the Company's Privacy Policy, which describes how your personal data will be collected, used, disclosed and/or cross-border transferred, copies of which are available on the Company's website.
6.3 You warrant and represent to the Company that any information (including personal data) provided to the Company is true, accurate, current, and complete, and will inform the Company if there are any changes to that information.
6.4 Where you provide personal data of any other individuals or any third persons to the Company, you warrant and represent to the Company that: (i) the individual to which the personal data relates has been informed of the collection, use, disclosure and/or cross-border transfer of the personal data as contemplated under this Terms and Conditions; (ii) you have obtained consent or relied upon another legal basis for the collection, use, disclosure and/or cross-border transfer of their personal data in compliance with applicable laws; and (iii) you are authorized to disclose such personal data to the Company, so that the Company is entitled to collect, use, disclose and/or cross-border transfer of the same for the purposes contemplated hereunder.
7. Third Party Interaction
7.1 The App may contain links to other platforms or content that are owned or controlled by third parties. Such third parties platforms are not under our control and the Company assumes no responsibility and liability for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the content, or the consequences of accessing, any linked platform. By using the App, you agree that your access to or use of such linked platforms or content is entirely at your own risk.
7.2 You acknowledge the terms and conditions of third party service providers used by the App as follows.
7.2.1 Omise Payment Gateway
7.2.2 Google Play Services
7.2.3 Google Analytics for Firebase
7.2.4 Firebase Crashlytics
7.2.5 Sentry
7.2.6 Amplitude
7.2.7 Cartrack
7.2.8 Sumsub
7.2.9 Plugshare
8. Cessation of Account
If you wish to cancel your EVme account, you may do so by opting out through the App at any time. The Company reserves the right to suspend and/or terminate the use of the App and your EVme account in the event that any information provided by the user is inaccurate, in breach of any laws and regulations, and this Terms and Conditions, without notice and to take any action as the Company considers appropriate, desirable or necessary in our sole discretion.
9. Limitation of Liability
9.1 To the fullest extent permissible under law, the Company and all of its officers, employees, directors, agents, contractors and assigns shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly.
9.2 The App is provided "as is" and without warranty or condition. In particular, our Services may not be uninterrupted or error-free. You waive your right to claim all special, indirect and consequential damages against us. These terms will not limit any non-waivable warranties or consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.
9.3 The Company will not be responsible or liable for any damages which the users may suffer due to the act, omission or negligence of any third party who provides services to the users via the App (e.g., third party charging services, maintenance services).
9.4 The App may link to other websites for user's convenience and the Company will not be responsible for the contents of those websites nor any activity or transaction transacted on those websites.
10. Miscellaneous
10.1 This Terms and Conditions are made in Thai and English. In the event of a conflict between the Thai version and the English version, the English version of this Terms and Conditions shall come into force and prevail over the Thai version.
10.2 This Terms and Conditions are governed by and construed in accordance with the laws of Thailand. Any dispute arising out of this Terms and Conditions shall be commenced and maintained exclusively in any court of competent subject-matter jurisdiction in Thailand.
10.3 You shall not assign this Terms and Conditions, or any rights or duties under this Terms and Conditions, in whole or in part, without the prior written consent from the Company. The Company may assign this Terms and Conditions, or any rights or duties under this Terms and Conditions, in whole or in part, to others and you agree to consent and provide all necessary assistance and support, including all necessary documents processed upon the Company's request.
10.4 Nothing in this Terms and Conditions shall be deemed to constitute either party a partner, joint venture agent or legal representative of the other party, or to create any fiduciary, employer-employee relationship between you and the Company.
10.5 In the event that any one or more of the provisions contained in this Terms and Conditions is invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this Terms and Conditions.
11. Changes to This Terms and Conditions
The Company may update our Terms and Conditions, rules, policies and/or benefits in connection with our Services, whether wholly or partially, from time to time. Thus, you are advised to review this page periodically for any changes. The Company will notify you of any changes by posting the new Terms and Conditions on this page. By continuing to use the Services, you agreed to the changes. If you do not agree to such changes, please stop using our Services and remove our App from your device.
This Terms and Conditions are effective as of 4 February 2022.
12. Contact Us
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at info@evme.io.