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Terms of Service - Gobike Asia
Terms of Service 2017-05-02T10:54:02+00:00

TERMS AND CONDITIONS

Last Updated:October 2, 2016

Accepting these terms of use

By downloading, installing or using application for mobile devices (the “App”), these terms of use (“Terms”) will automatically apply to you and indicate that you accept these terms and that you agree to abide by them – you should make sure therefore that you read them carefully before using the App. We are offering you this app to use for your own personal use without cost, but you should be aware that you cannot send it on to anyone else, and you’re not allowed to copy, or modify the App, any part of the App, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the App, and you also shouldn’t try to translate the App into other languages, or make derivative versions. The App itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to GoBike. If you do not agree with these terms, you should cease downloading, installing or using the App immediately.

The App is operated by GoBike Co.,Ltd, with an office at 1108/31 Sukhumvit Road, Prakanong, Klongtoey, Bangkok (and we refer to ourselves as “we”, “us” or “our”). We own and operate the App on our own behalf. We reserve the right to change these terms at any time without notice to you by posting changes on the www.gobike.asia or by updating the App to incorporate the new terms. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of the App after changes are posted constitutes your acceptance of the amended terms.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these terms of the App or the services. You further acknowledge that by submitting user submissions or other content, no confidential, fiduciary and contractually implied or other relationship is created between you and us other than pursuant to these terms.

Services

We offer a technology platform to provide information and a mean for you to obtain transport service and courier service from third party providers through the use of the App. The App is provided to help you find and hire bikers for passenger transport, delivery of goods and shopping&delivery (the “Services”). WE ARE NOT A TRANSPORTATION SERVICE / COURIER SERVICE / SHOPPING&DELIVERY SERVICE PROVIDER. The third party providers shall offer you the transportation, courier and shopping&delivery services which you can decide if you shall accept such services or not. We are not responsible or liable for any conduct of any transportation services, courier services and/or shopping&delivery services provided to you.

You acknowledge and agree that we only act as an intermediary between you and the third party providers and we are not your agent or the agent of the third party providers. We are not a transportation carrier and do not provide transportation services, courier services or shopping&delivery services. We are not responsible for the behavior, negligence, conduct, actions or inactions on the part of the third party providers that you may use.

You acknowledge that we do not guarantee that third party providers are available for order at the time of your request.

Third Party Services

Separate terms of use shall apply to the transportation services, courier services and shopping&delivery services, including payment rates and cancellation policies set by the third party providers. You agree to treat the third party providers introduced to you through us with respect and not to cause damage to their vehicles or engage in any unlawful, threatening, harassing, abusive behavior or activity whilst using their vehicles or the services.

Definitions

“Consignee” means the person or company to whom the courier service provider or its biker contacts to deliver the Consignment.

“Consignment” means goods whether or not contained in separate parcels, packages, containers or envelopes including any paper and documents, to be delivered by courier service provider or its biker for you to the Consignee. Packages are limited to 8 kilograms in mass and dimensions of 30cm x 30cm x40cm.

“Dangerous Goods” means dangerous substances as defined in the Hazardous Substance Act B.E.2535 (and any amendment thereof), explosive, radioactive substances and any other substance presenting a similar hazard.

“Shopping&Delivery Services” means the bikers shall shop anything for you within the Bangkok Metropolitan Area (covered by six provinces; Bangkok, Pathumthani, Nonthaburi, Nakhonpathom, Samutsakorn and Samutprakarn) that is not illegal, dangerous goods and is not overloaded due to the capacity of the motorcycle and deliver to you.

Accounts

We grant you a limited personal, non-exclusive, and non-transferable right to access and use the App. In order to access any of the services, you first need to register and maintain a personal user account (“Account”). You represent, warrant, acknowledge and agree that you are at least eighteen (18) years of age. Minors may use the services only with consent from their parents or legal guardian. In order to make a payment by credit card, you must be at least twenty (20) years of age. You are responsible for any activity that occurs under your account. Your account is non-transferable. You must provide accurate and complete information in response to our questions. We reserve the right to suspend or terminate the account of any user who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements. You shall not (a) register for more than one account, (b) register for an account on behalf of a third party, (c) use any account other than your account, or (d) permit any third party to use your account.

Where applicable, you are responsible for all content posted, provided and published through the use of your account. We shall assume that any person using your mobile device, your username and password is you or a person authorized by you.

Personal data

You agree that personal data you voluntarily provide to us may be retained, used and disclosed by us, our agents or sub-contractors for the purpose of complying with our obligations under these terms. Failure to provide us your personal information may result in a corrupted and incomplete download and installation.

Your personal data gathered by us for the service is subject to data processing intended for the implementation of the service which shall include, without limitation the following:

  • to perform our obligations in respect of any contract entered into with you;

  • to provide you with any service you have requested;

  • to process your subscriptions and to deliver the services to you;

  • to process your participation in any events, activities, focus groups, research studies, contests, promotions, polls, surveys or any productions;

  • to process, manage or verify your application for subscription and to provide you the benefits offered to subscribers;

  • to validate your bookings and process payments relating to any products or services you have requested;

  • to understand and analyses our sales as well as your needs and preferences;

  • to develop, enhance and provide products and services to meet your needs;

  • for internal administrative purposes, such as auditing, data analysis, database records;

  • for purposes of detection, prevention and prosecution of crime;

  • for us to comply with obligations under law.

Availability of the App, Security & Accuracy

Any information related to the times for services (including arrival time of a transportation provider and how long a passenger/messenger and shopping&delivery trip will take) are estimates only and provided for your convenience. Time estimates shall not constitute a guaranteed or comprehensive price quote and you shall not rely on time estimates. The actual arrival time and length of services are subject to factors outside of our control, including without limitation weather, traffic, ground conditions and the actions of the transportation provider.  We shall not be liable, and you hereby waive any claim, cause of action, damages, demands or liability against us, arising from a failure by a transportation provider, courier service provider and shopping&delivery service provider or its biker either to pick you/your Consignment up/shop or deliver you to your intended destination in a timely manner.

We make no warranty that your access to the App will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions. We will attempt to provide you with prior notice of any interruptions, delays or errors, but cannot guarantee that such notice will be provided.

Exclusions

(a) You automatically release us and courier service provider and its biker from liability and responsibility for physical damage or loss due to:

  • Items improperly or inadequately packed or mislabeled by you.

  • Items with waxen, resinous, or viscous surface area, be they in wet, semi-dry, or hardened state.

  • Items containing internal mechanics or instrumentation.

  • Damaged or excessively worn antique items in disrepair, items exhibiting prior repairs or breakage.

  • Items of inherent vice or weakness due to poor craftsmanship in fabrication.

  • Consignee not taking or accepting delivery within a reasonable time after the Consignment has been tendered.

(b) The courier service provider or its biker will not transport currency, specie, precious stones or jewelry. In the event that the courier service provider or its biker is made to transport such items without the courier service provider’s or its biker’s knowledge or consent, the courier service provider or its biker shall remain at no liability whatsoever for or in connection with the goods.

(c) The courier service provider or its biker shall not transport any items that are prohibited by law and Dangerous Goods (under the Hazardous Substance Act B.E.2535). Furthermore, The courier service provider or its biker shall not transport alcoholic beverages, perishable products, fragile items that are breakable or items that are dangerous in any form. The courier service provider or its biker reserves the right to inspect goods, and determine whether any item is restricted and in such a case the right to deny service, regardless of previously established contracts.

Re-attempt Pickups/Deliveries (Consignment)

In the event a pickup or deliver is not possible, a 50% re-attempt charge will be applied to the order.

Shopping&Delivery Service

Please note that some Goods may be suitable for certain age ranges only. You should check that the product you are ordering is suitable for the intended recipient. For example, you must be 18 years of age to purchase any tobacco products and 20 years of age to purchase alcoholic beverages. You will be asked to confirm that you reach the legal age before submitting your order for specific products.

Intellectual Property Rights

The copyright and other intellectual property rights in works of authorship made available to you in or through the App are owned by us and will remain exclusively with us. The “GoBike” name and logos and all related names, trademarks, service marks, design marks and slogans are the trademarks or service marks of us or our licensors. You will not alter, destroy, obscure, or otherwise remove any copyright or proprietary notices or labels contained within the App. You may not, nor allow third parties on your behalf to copy, decompile, reverse engineer, disassemble and attempt to derive the source code of, modify, or create derivative works of the licensed application, any updates, or any part thereof. Any attempt to do so is a violation of the rights of us and our licensors.

Use of the App

By using the App, you agree that you will only use the App for lawful purposes and for which it is intended to be used.

We do not warrant that the App will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the App or your obtaining any material from, or as a result of using, the App. We shall also not be liable for the actions of third parties.

We may change or update the App and anything described in it without notice to you. If the need arises, we may suspend access to the App, or close it indefinitely.

We may from time to time place commercial content on the App. We have no control over for the accuracy, truthfulness, quality, safety or legal aspects of content provided by third parties, nor do we endorse, guarantee, or are we responsible for such content (even if you receive any benefits related to App in connection with such third party offers). If you agree to purchase goods and/or services from any third parties who advertise in the App, you do so at your own risk.

Promotions

We may offer promotions, deals or discount codes for the services. We may in our sole discretion establish, modify, suspend, end, reject or refuse to honor such promotions, deals or discount codes at any time, with or without notice to you. Promotions, deals or discount codes are limited to one use per customer. We may post additional terms regarding promotions, deals or discount codes on the website or in the App. However, the discounts will not impact the legal charges stated by the law.

Suspension

Access to the App may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of the App for any reason. If we impose restrictions on you personally, you must not attempt to use the App under any other name or user or on any other mobile device.

Lost Property

We are not responsible for finding or replacing any property you may lose in connection with your ride.  Please contact your biker directly. If you need help contacting your biker, you may contact us at support@gobike.asia

Disclaimer

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE APP OR ITS CONTENT OR THE SERVICES SHALL MEET YOUR REQUIREMENTS, OR SHALL BE AVAILABLE, UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, OR ERROR OR VIRUS FREE. WE DO NOT CLAIM OR PROMISE THAT ANY RIDES ARRANGED USING THE APP WILL IN FACT OCCUR; THAT BIKERS WILL PICK UP YOU ON TIME OR AT ALL; THAT YOU WILL REACH YOUR DESTINATION ON TIME, OR AT ALL; THAT YOU WILL RECEIVE ANY CONSIGNMENT ON TIME, OR AT ALL; THAT YOU WILL RECEIVE YOUR ORDERED ITEM ON A TIMELY MANNER, OR AT ALL. WE ALSO DO NOT MAKE ANY CLAIM OR PROMISE REGARDING THE TIMING, DURATION, QUALITY OR SAFETY OF THE RIDE. YOU HEREBY AGREE AND ACKNOWLEDGE THAT WE HAVE MADE NO SUCH CLAIMS OR PROMISES AND THAT WE SHALL NOT BE LIABLE FOR ANY RESULTING DAMAGES OR LOSSES. IN NO EVENT SHALL OUR LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED 2000 BAHT. OUR SERVICE MAY BE USED BY YOU TO FIND AND SCHEDULE TRANSPORTATION SERVICES/COURIER SERVICES/SHOPPING&DELIVERY SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT WE HAVE NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION SERVICES/COURIER SERVICES/SHOPPING&DELIVERY SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

Indemnification

YOU HEREBY RELEASE, AND ACKNOWLEDGE AND AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSEES, DISTRIBUTORS, REPRESENTATIVES, AFFILIATES, AND SUCCESSORS FROM ALL LIABILITIES, CLAIMS, ALLEGED CLAIMS, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED), INCLUDING SETTLEMENT COSTS AND ANY LEGAL OR OTHER FEES AND EXPENSES FOR INVESTIGATING OR DEFENDING ANY ACTIONS OR THREATENED ACTIONS AND REASONABLE ATTORNEY’S FEES RELATED IN ANY WAY TO OR ARISING OUT OF THE USE OF THE SERVICE. YOU SHALL USE YOUR BEST EFFORTS TO COOPERATE WITH US IN THE DEFENSE OF ANY CLAIM.

Payment

You agree to make payment in full directly to any third party providers introduced to you through us for any services provided by such third party providers to you. The payment must be made by cash or credit card The payment for the courier services must be made at the time of picking up the Consignment. Unless other arrangements have been made, you will make a full payment for shopping&delivery service upon delivery. Some special circumstances however, may require a good faith deposit to be placed toward the purchase of your items and service fee, prior to shopping, for our financial protection.

Once you have taken a third party logistic service you won’t be able to cancel (since the service has already been provided) and you have to make a payment and it is non-refundable. You shall be responsible for all taxes associated with the services. If you have any complaint in relation to the transportation service provided then that dispute must be taken up with the biker directly.

User provided content

As far as we offer the technology platform, it is possible for you – as a registered user – to submit photos, comments, opinions, recommendations or additional information regarding transportation services to us. This includes your feedback on the services. You are obliged to keep the content posted objectively and thematically. Ideally, the content posted should be useful for other users. It is forbidden for you to publish false, harmful, defamatory, discriminatory, offensive or illegal content.

Headings

All conditions and section headings are for convenience of reference only and shall not affect the interpretation of the terms.

Governing Law

These terms will be governed by and construed in accordance with the laws of Thailand. Both you and we agree to submit to the exclusive jurisdiction of the courts of Thailand as regards any dispute or matter arising under these terms.

Severability

If any of these terms should be determined to be illegal, invalid or for any reason unenforceable, they shall be severed and deleted and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.

TERMS AND CONDITIONS (BIKER)

Last Updated:October 2, 2016

Accepting these terms of use

By downloading, installing or using application for mobile devices (the “App”), these terms of use (“Terms”) will automatically apply to you and indicate that you accept these terms and that you agree to abide by them – you should make sure therefore that you read them carefully before using the App. We are offering you this app to use for your own personal use without cost, but you should be aware that you cannot send it on to anyone else, and you’re not allowed to copy, or modify the App, any part of the App, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the App, and you also shouldn’t try to translate the App into other languages, or make derivative versions. The App itself, and all the trademarks, copyright, database rights and other intellectual property rights related to it, still belong to GoBike. If you do not agree with these terms, you should cease downloading, installing or using the App immediately.

The App is operated by GoBike Co.,Ltd, with an office at 1108/31 Sukhumvit Road, Prakanong, Klongtoey, Bangkok 10110 (and we refer to ourselves as “we”, “us” or “our”). We own and operate the App on our own behalf. We reserve the right to change these terms at any time without notice to you by posting changes on the www.??????? (the “Website”) or by updating the App to incorporate the new terms. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of the App after changes are posted constitutes your acceptance of the amended terms.

These terms apply to bikers, transportation companies, courier companies, shopping&delivery companies and any other persons that use the technology platform under license (collectively “Bikers,” or individually “you”). The terms also do not apply to persons (e.g. riders, customers) who use our app or services to request transportation, delivery, shopping&delivery or other on-demand services (“Users”). If you interact with the services as both a user and a biker, the respective privacy terms apply to your different interactions.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these terms of the App or the services. You further acknowledge that by submitting biker submissions or other content, no confidential, fiduciary and contractually implied or other relationship is created between you and us other than pursuant to these terms.

THE TERMS AND CONDITIONS (“TERMS”) STATED HEREIN CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU, AN INDEPENDENT TRANSPORTATION PROVIDER (“TRANSPORTATION PROVIDER”/ “COURIER SERVICE PROVIDER”/ “SHOPPING&DELIVERY SERVICE PROVIDER”) AND GOBIKE.  IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A CORPORATION OR OTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE NECESSARY RIGHT AND AUTHORITY TO BIND SUCH CORPORATION OR ENTITY TO THE TERMS, AND YOU ARE REQUIRED TO ENSURE THAT ANY EMPLOYEES OR CONTRACTORS WHO REGISTER TO BE TRANSPORTATION/ COURIER/ SHOPPING&DELIVERY SERVICE PROVIDERS THROUGH YOU ACCEPT THESE TERMS.  BY CLICKING “YES, I AGREE,” YOU AGREE TO BE BOUND BY THESE TERMS.

Services

We provide a technology platform that allows registered users (“Riders”/”Customers”) to order and receive services from independent third party providers of transportation and/or logistics and/or shopping&delivery services who have registered as transportation/courier/shopping&delivery providers (“Transportation/Courier/Shopping&Delivery Providers”) on the technology platform. You acknowledge that we are not a transportation carrier or courier carrier or shopping&delivery service provider and do not provide transportation or logistics or shopping&delivery services.

In order to become a transportation/courier/shopping&delivery provider, you will be required to register with us and provide us with certain personal information.  We reserve the right to perform background checks directly and through third-party providers.  We have the right to reject any application to become a transportation/courier/shopping&delivery provider for any reason and to de-authorize any transportation/courier/shopping&delivery provider for any reason.

We offer information and a method for transportation/courier/shopping&delivery providers to schedule, obtain and establish contact with riders or customers, but do not and do not intend to provide transportation services/courier services/shopping&delivery services or act in any way as a transportation provider/courier carrier/shopping&delivery provider, and have no responsibility or liability for any transportation/courier/shopping&delivery services provided to riders or customers by you.

Definitions

“Consignee” means the person or company to whom the courier service provider or its biker contacts to deliver the Consignment.

“Consignment” means goods whether or not contained in separate parcels, packages, containers or envelopes including any paper and documents, to be delivered by courier service provider or its biker for you to the Consignee. Packages are limited to 8 kilograms in mass and dimensions of 30cm x 30cm x 40cm.

“Dangerous Goods” means dangerous substances as defined in the Hazardous Substance Act B.E.2535 (and any amendment thereof), explosive, radioactive substances and any other substance presenting a similar hazard.

“Shopping&Delivery Services” means the bikers shall shop anything for the customers within the Bangkok Metropolitan Area (covered by six provinces; Bangkok, Pathumthani, Nonthaburi, Nakhonpathom, Samutsakorn and Samutprakarn) that is not illegal, dangerous goods and is not overloaded due to the capacity of the motorcycle and deliver to customers.

“Ordered Item” means the item which the customer requested the bikers to shop for him/her from any store.

Vehicle

As a transportation/courier/shopping&delivery service provider, you must have access to a vehicle you are in lawful possession of either as an owner or lessee.  We do not provide vehicles, as we do not operate a transportation/courier/shopping&delivery service business.  In providing the transportation/courier/shopping&delivery services, you must use a vehicle that complies with all applicable laws.   You are required to use a vehicle that is in good operating condition. Prior to execution of these terms, you shall provide to us a description of each vehicle and a copy of the vehicle registration for each vehicle you intend to use to provide service under these terms. You agree to notify us of any change in your vehicle by submitting an updated description and vehicle registration. Any misrepresentation regarding your vehicle shall be deemed a material breach of these terms.  Except as explicitly provided in these terms, you are solely responsible for all costs and expenses in connection with performing services under these terms, including, but not limited to, costs of fuel, fuel taxes, excise taxes, permits of all types, gross revenue taxes, road taxes, income taxes (if applicable), equipment use fees and taxes, licensing, insurance coverage and any other tax, fine or fee imposed or assessed against the equipment or you by any local or national authority.

Personal data

You agree that personal data you voluntarily provide to us may be retained, used and disclosed by us, our agents or sub-contractors for the purpose of complying with our obligations under these terms. Failure to provide us your personal information may result in a corrupted and incomplete download and installation. We may use your personal data for the purpose of complying with the obligations under law.

Collection of Information

We collect information you provide directly to us, such as when you create, modify, or log in to your account, request support from us, consent to a background check, submit your biker’s license, submit information about your vehicle or insurance, or otherwise communicate with us. This information may include: name, email, phone number, postal address, profile picture, payment information, vehicle registration information, insurance information, biker’s license information, and other information you may choose to provide.

Sharing of Information

We may share your information with users in connection with their request for transportation services or courier service or shopping&delivery service. For instance we may share your name, personal photo, vehicle photo, vehicle license, vehicle make and model, precise or approximate location, average rating provided by users, and certain contact information.

Performance of Transportation Services

In performing the transportation services, you are required to:

  1. keep the biker app turned on, GPS access enabled, connected to the internet;

  2. perform  each pick-up and drop-off in a timely manner;

  3. notify customer of your arrival using the biker App;

  4. wait for up to the time specified in the biker app for a customer to show up at the  requested pick-up location;

  5. provide safe, uninterrupted transport of customers to their respective destinations;

  6. submit all necessary documentation requested by us in a timely manner;

  7. complete the ride in a professional and competent manner and in accordance with: (a) these terms; (b) industry standards; and (c) any requirements of law, as applicable.

Performance of Courier Services

In performing the courier services, you are required to:

  1. keep the biker app turned on, GPS access enabled, connected to the internet;

  2. perform each pick-up and delivery in a timely manner;

  3. notify customer of your arrival using the biker App;

  4. wait for up to the time specified in the biker app for a customer to show up at the  requested pick-up location;

  5. deliver a Consignment to Consignee in the condition that it was given to you;

  6. submit all necessary documentation requested by us in a timely manner;

  7. complete the delivery in a professional and competent manner and in accordance with: (a) these terms; (b) industry standards; and (c) any requirements of law, as applicable.

Performance of Shopping&Delivery Services

In performing the shopping&delivery services, you are required to:

  1. keep the biker app turned on, GPS access enabled, connected to the internet;

  2. perform each shopping and delivery in a timely manner;

  3. notify customer of your acceptance to provide the service using the biker App;

  4. shop for the ordered items as requested by customers from any store. You have to advance your money to purchase the ordered items unless other arrangements have been made between you and the customers;

  5. deliver the ordered items to the customer in the condition that it was given to you;

  6. submit all necessary documentation requested by us in a timely manner;

  7. complete the shopping&delivery in a professional and competent manner and in accordance with: (a) these terms; (b) industry standards; and (c) any requirements of law, as applicable.

Failure to Complete the Service

If you fail to pick-up a customer/ a Consignment or fail to complete a shopping&delivery service allocated to you, you will be charged liquidated damages in the amount of THB 30 per applicable service. We shall have the right to deduct such amount from payments owing to you.

Restricted items: You may NOT accept for delivery:

  • Items that are prohibited by law.

  • Dangerous Goods (under the Hazardous Substance Act B.E.2535).

  • Alcoholic beverages.

  • Perishable products.

  • Fragile items that are breakable.

  • Dangerous items in any form.

  • Currency, specie, precious stones or jewelry.

  • Animals.

You reserve the right to inspect goods, and determine whether any item is restricted and in such a case the right to deny service.

Restricted items: You may NOT accept for shopping&delivery service:

  • Items that are prohibited by law.

  • Dangerous Goods (under the Hazardous Substance Act B.E.2535).

  • Animals.

  • Items that are overloaded due to the capacity of the motorcycle.

  • Alcoholic beverages unless the customer has proved that he/she is 20 years of age or older.

  • Tobacco products unless the customer has proved that he/she is 18 years of age or older.

Transportation/Courier/Shopping&Delivery Provider Star Ratings

Customers will have the ability to rate transportation/courier/shopping&delivery providers using a star rating system.  We may use this system, in our sole discretion, to determine the highest quality transportation/courier/shopping&delivery providers available when allocating the services.

Transportation/Courier/Shopping&Delivery Provider Representations and Warranties

You represent and warrant to us that you currently possess a valid biker’s license and all licenses, permits, insurance and other legal prerequisites necessary to perform the transportation/courier/shopping&delivery services you are performing hereunder, and that you will continue to do so during the period of these terms. If you are entering into these terms on behalf of a corporation or entity, you represent and warrant that you will comply with all applicable employment and tax laws and regulations.

Taxes

You shall comply with all of your obligations under tax laws to the extent applicable to these terms. You shall indemnify us from all tax liabilities, duties, levies, claims and penalties that may be imposed on you or on us as a result of you not complying with any of your tax obligations. We are not authorized to withhold national income taxes or any other local or national tax on behalf of you or your employees, agents, or subcontractors.

Availability of the App

We make no warranty that your access to the App will be uninterrupted, timely or error-free. Due to the nature of the Internet and mobile telecommunication services, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions. We will attempt to provide you with prior notice of any interruptions, delays or errors, but cannot guarantee that such notice will be provided.

Non-Diversion and Non-Solicitation

You agree that you shall not during the period of these terms use your relationship with us (or the information gained therefrom) to divert or attempt to divert any business from us to a company that provides similar services.  You further agree that during the period of these terms and for a period of six (6) months after, you shall not solicit or attempt to solicit any employees or contractors of us.

Intellectual Property Rights

The copyright and other intellectual property rights in works of authorship made available to you in or through the App are owned by us and will remain exclusively with us. The “GoBike” name and logos and all related names, trademarks, service marks, design marks and slogans are the trademarks or service marks of us or our licensors. You will not alter, destroy, obscure, or otherwise remove any copyright or proprietary notices or labels contained within the App. You may not, nor allow third parties on your behalf to copy, decompile, reverse engineer, disassemble and attempt to derive the source code of, modify, or create derivative works of the licensed application, any updates, or any part thereof. Any attempt to do so is a violation of the rights of us and our licensors.

Use of the App

By using the App, you agree that you will only use the App for lawful purposes and for which it is intended to be used.

We do not warrant that the App will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the App or your obtaining any material from, or as a result of using, the App. We shall also not be liable for the actions of third parties.

We may change or update the App and anything described in it without notice to you. If the need arises, we may suspend access to the App, or close it indefinitely.

Limitation of Liability

We disclaim any and all liability related to your interactions and/or transactions with customers.   We shall not be liable or responsible for any acts or omissions of any customers.  By registering as a transportation/courier/shopping&delivery provider, you assume all risks.  We cannot guarantee the identity or safety of any customers.  We have no obligation to participate in any disputes between you and any customers.  You understand that by using our service, you may be exposed to circumstances that may be unsafe, offensive or otherwise objectionable.

You acknowledge that the Internet is not a secure medium and privacy cannot be assured. Internet data transmission, including without limitation personal information and payment information, is vulnerable to interception and forging. We will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you make available to us through the Internet, or that you expressly or implicitly authorize us to make, or for any errors or any changes made to any transmitted information.

In no event shall GoBike be liable for damages of any kind, whether arising in contract (including breach of these terms), tort, negligence or under any other legal theory, arising out of or in connection with your use, or inability to use or access the website, biker app or our service.

To the extent permitted by law, we are not responsible for: (i) the actions, inactions, errors, omissions, representations, warranties, breaches or negligence of any customer or for any personal injuries, death, property damage, or other damages of expenses resulting therefrom; (ii) the actions, inactions, errors, omissions, representations, warranties, breaches or negligence of transportation/courier providers or for any damages or expenses resulting therefrom including without limitation any personal injury or property damage.

Indemnification

YOU HEREBY RELEASE, AND ACKNOWLEDGE AND AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSEES, DISTRIBUTORS, REPRESENTATIVES, AFFILIATES, AND SUCCESSORS FROM ALL LIABILITIES, CLAIMS, ALLEGED CLAIMS, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED), INCLUDING SETTLEMENT COSTS AND ANY LEGAL OR OTHER FEES AND EXPENSES FOR INVESTIGATING OR DEFENDING ANY ACTIONS OR THREATENED ACTIONS AND REASONABLE ATTORNEY’S FEES RELATED IN ANY WAY TO OR ARISING OUT OF THE USE OF THE SERVICE. YOU SHALL USE YOUR BEST EFFORTS TO COOPERATE WITH US IN THE DEFENSE OF ANY CLAIM.

Notification of Damage or Injury to Riders and/or their Property

You agree to notify us of any damage or injury to any rider or any rider’s property sustained while being transported by you as soon as possible after the damage or injury occurs. You agree to fully cooperate with the rider to resolve injury or damage claims as quickly as possible. You agree to keep us notified of the status of such injury or damage claims. Failure to remit payment may result in removal from GoBike platform and possible legal action.

Notification of Damage of Consignment/Ordered Item

You agree to notify us of any damage of any Consignment/Ordered Item while being delivered by you as soon as possible after the damage occurs. You agree to fully cooperate with the customer to resolve damage claims as quickly as possible. You agree to keep us notified of the status of such damage claims. Failure to remit payment may result in removal from GoBike platform and possible legal action.

Headings

All conditions and section headings are for convenience of reference only and shall not affect the interpretation of the terms.

Governing Law

These terms will be governed by and construed in accordance with the laws of Thailand. Both you and we agree to submit to the exclusive jurisdiction of the courts of Thailand as regards any dispute or matter arising under these terms.

Severability

If any of these terms should be determined to be illegal, invalid or for any reason unenforceable, they shall be severed and deleted and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.

OUR OFFERINGS

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