WEBSITE AND MOBILE APPLICATION TERMS AND CONDITIONS OF USE AGREEMENT
We welcome you to [โครงการปันปั่น] (“we” or “our”) and our family of websites, including [http://www.punpunbikeshare.com/] and the other websites and mobile applications and technology that display these Website Terms and Conditions of Use (collectively, the “Website”).
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS FOR USE OF THE WEBSITE AND MOBILE APPLICATIO VERY CAREFULLY.
We may modify this Agreement from time to time, and such modification will be effective upon its posting on our Application You agree to be bound by any modification to this Agreement when you use the Website after any such modification is posted; it is therefore important that you review this Agreement regularly.
Before using any service that we provide, you must agree to the terms and conditions contained in the Bicycle User Agreement, Liability Waiver, and Release, which is fully incorporated herein by this reference and may be reviewed by clicking on [Bicycle Rental Agreement, Liability Waiver, and Release]. By continuing to use the Website or any service, you agree to be bound by our Bicycle Rental Agreement, Liability Waiver, and Release and all future amendments, modifications, and changes thereto.
You must be at least 18 to become a [PUN PUN PROJECT] member of [PUN PUN PROJECT]. If you register to become a [PUN PUN PROJECT] member, you will be required to choose a password and user name, and you may be asked for additional information regarding your Account, such as your email address , your mobile phone number etc. You agree to provide true, accurate, current and complete required information about yourself as prompted by the registration form (the “Registration Data”) and maintain and promptly update your Registration Data to keep it true, accurate, current and complete. For safety reasons, we recommend that your user name should not contain your last name (in addition, rather than your actual first name, you may want to consider using a word or term with meaning to you). You are responsible for maintaining the confidentiality of the password and account information, and are fully responsible for all activities that occur under your password and Account. You are required to
(a) Immediately notify us (email: [[email protected]]) of any unauthorized use of your password or account or any other breach of security, and
(b) Ensure that you log out from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this paragraph. Use of and registration for the Website are void where prohibited.
You agree not to use the Website and the Application to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”) that we may deem, at any time and from time to time, in our sole discretion:
– is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
– harasses or advocates harassment of another person;
– exploits people in a sexual or violent manner;
– contains nudity, violence, or offensive subject matter;
– solicits personal information from anyone under the age of eighteen (18);
– provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own (and we advise you not to post your own and to communicate such information in private messages to other [PUN PUN Members] only at your own risk);
– promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
– violates any intellectual property or other proprietary right of any third party (including without limitation Content that promotes or links to an illegal or unauthorized copy of another person’s copyrighted work or provides information to circumvent copy-protect devices);
– involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
– contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
– furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
– solicits passwords or personal identifying information for commercial or unlawful purposes from other [PUN PUN Members];
– involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
– includes a photograph of another person that you have posted without that person’s consent or, in the case of children under the age of Eighteen (18), parental consent, or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights; or
– contains a virus or other harmful component.
In addition, any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to the Website is strictly prohibited. You may not attempt to override or circumvent any security components and usage rules of the Website. You are prohibited from engaging in any hacking, cracking, or other means of obtaining access to any Pass Holder’s account information or other data or communications not intended for you. We reserve all rights and remedies available to us, and we will not hesitate to pursue all available legal actions in response to violations of this Agreement.
We have the right in our sole discretion to restrict, suspend, or terminate your Account, or your access to all or any part of the Website at any time, for any or no reason, with or without prior notice, and without liability. You may choose to terminate your pass at any time by notifying us by email at [[email protected]]. Please allow us sufficient time to process termination requests. You understand that termination of your pass is your sole right and remedy with respect to any dispute with us. Following the cancellation or termination of your pass by you or by us for any reason, we will have no further obligation to save your [PUN PUN PROJECT] Profile, communications via the Website or any of your settings, information or Content you have posted on or transmitted through the Website. We have the right to delete any personal information or other Content immediately following termination of your Account.
If you become aware of misuse of the Website by any person, if you find any Content on the Website that you feel is objectionable, or if you feel that any [PUN PUN] has violated the terms of this Agreement in any manner, please contact us (email: [[email protected]]). Please include a description of the misuse of the Website or the objectionable Content or activity (along with the URL or a copy of the Content if possible) in your em We have no obligation to take any action whatsoever in response to any such notice, and the receipt of any such notice will not be deemed to create any duty or liability on the part of [PUN PUN PROJECT].
You acknowledge, consent and agree that we may access, preserve and disclose your Account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
(a) Comply with legal process;
(b) Enforce this Agreement;
(c) Respond to claims that any Content violates the rights of third parties;
(d) Respond to your requests for customer service; or
(e) Protect the rights, property or personal safety of [PUN PUN PROJECT] its [PUN PUN Members], and the public. Under no other circumstances will we intentionally disclose your account information to any third party.
Our Website contains Content of [PUN PUN PROJECT] (“[PUN PUN PROJECT] Content”), and Content of third party licensors to [PUN PUN PROJECT] (including content provided by you and other users of our Website, as described above), which is protected by copyright, trademark, patent, trade secret and other laws. [PUN PUN PROJECT] owns and retains all rights, title and interest in the [PUN PUN PROJECT] Content. [PUN PUN PROJECT] hereby grants to you a limited, revocable, non- sublicensable license to reproduce and display a single copy of the [PUN PUN PROJECT] Content and any third party Content located on or available through our Website (excluding any software code therein) solely for your personal, non -commercial use in connection with viewing our Website and using the features that appear on the Website. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Content appearing on or through our Website.
[PUN PUN PROJECT] engages our community through many digital outlets. Along with www.punpunbikeshare.com, we communicate with our customers through social media platforms, including but not limited to Facebook, Instagram and Twitter. These tools enable all of us to connect, share our interests and experiences, and engage in meaningful conversations. When engaging with [PUN PUN PROJECT] over social media, it is important to note that you are agreeing to the following terms and conditions of this Social Media Policy, which we hope will satisfy each community member’s need for expression, while maintaining each community member’s right to feel comfortable, safe, and confident their rights and obligations within our community.
Commenting on [PUN PUN PROJECT] Social Media Platforms:
[PUN PUN PROJECT] shares content (information, photos, video) with our community through external social media platforms. All comments posted to our social media platforms are moderated and if [PUN PUN PROJECT]. in our sole discretion, determines that any post or comment violates the terms and conditions of this Social Media Policy, then we may remove those comments or posts. Failure to comply with this Social Media Policy may result in deletion of content or termination of your access to Bicycle Transit System’s social media platforms.
Transit Systems, portray [PUN PUN PROJECT] in a false light, or modify the [PUN PUN PROJECT] post in any way.
This comment policy is subject to amendment or modification at any time.
User-Generated Content: As we continue to build our community, users are welcome and encouraged to submit and post content, including photographs and videos, to [PUN PUN PROJECT] social media platforms where the content meets the standards articulated in this Social Media Policy. Users may only post their own, original content. Reproduced or borrowed content that reasonably appears to violate third party rights will be deleted. If you believe that a user has violated the terms of this Social Media Policy, then please contact [PUN PUN PROJECT]. Although we try to maintain a safe environment on our social media platforms, we are not responsible for the posts of any user and disclaim any liability for such posts. TO THE FULLEST EXTENT PERMITTED BY LAW, [PUN PUN PROJECT] DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, NONINFRINGEMENT, AND USEFULNESS, WITH RESPECT TO ANY CONTENT POSTED ON OUR SOCIAL MEDIA PLATFORMS.
The term of this Agreement begins when you first use the Website, and it ends 3 years after your last visit to the Website. At any time and from time to time, and without your consent, we may unilaterally terminate your right to use the website and expel you from the website, in our sole discretion and without any notice or cause. This Agreement remains in full force and effect after terminating your right to use the Website or after expelling you from the Website. If you wish to terminate your pass, please follow the instructions on the FAQ page for the Website or email us at [[email protected]].
You expressly understand and agree that: YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, [PUN PUN PROJECT] AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (THE “[PUN PUN PROJECT] PARTIES”) 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, WITH RESPECT TO THE WEBSITE, AND ANY THIRD PARTY WEBSITES WITH WHICH THEY ARE LINKED.. THE [PUN PUN PROJECT] PARTIES MAKE NO WARRANTY: (I) THAT THE WEBSITE OR THE FEATURES OFFERED ON THE WEBSITE WILL MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES); (II) REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; AND (III) THE QUALITY OF THE BICYCLES, CONTENT, PRODUCTS, SERVICES, INFORMATION OR ANY MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
YOU DO HEREBY ACKNOWLEDGE AND AGREE THAT THE [PUN PUN PROJECT] RELATED PARTIES ARE NOT LIABLE FOR ANY INJURY, LIABILITY, CLAIM, LOSS, DAMAGE, EXPENSE, COST (INCLUDING ATTORNEYS FEES INCURRED AT TRIAL, ON APPEAL, OR OTHERWISE), DEBT, FINE, CHARGE, OR LIEN, WHETHER DIRECT OR INDIRECT, INCLUDING CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, LOST PROFITS, OR OTHERWISE, THAT ARISES OUT OF OR RELATES TO (A) THIS AGREEMENT, (B) YOUR USE OR INABILITY TO USE THE SERVICE, (C) YOUR USE OF ANY INFORMATION, (D) ANY UNAUTHORIZED ACCESS OR ALTERATION OF YOUR TRANSMISSION OR DATA, OR (E) ANY ACTION OR INACTION OF ANY OTHER USER. YOU DO HEREBY WAIVE ANY AND ALL CLAIMS WITH RESPECT TO THE FOREGOING, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER GROUNDS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY AND ALL CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER CLAIMS ARISING OUT OF OR RELATING TO (I) THIS AGREEMENT, (II) YOUR USE OR INABILITY TO USE THE SERVICE, (III) YOUR USE OF ANY INFORMATION, (IV) ANY UNAUTHORIZED ACCESS OR ALTERATION OF YOUR TRANSMISSION OR DATA, OR (V) ANY ACTION OR INACTION OF ANY OTHER USER IS LIMITED TO THE SUM OF $100. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES; AND, IF ANY OF THOSE LAWS APPLY TO YOU, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently our Website (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Website.
This Agreement and the relationship between you and [PUN PUN PROJECT] will be governed by the laws of the Kingdom of Thailand without regard to its conflict of law provisions. You and [PUN PUN PROJECT] agree to submit to the personal and exclusive jurisdiction of the courts located within Bangkok, Thailand.
The failure of [PUN PUN PROJECT] to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
When you visit the Website or send emails to us, you are communicating with us electronically. As a result, you thereby consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically or post on the Website satisfy any legal requirement that such communications be in writing.
If you have any questions regarding this Agreement, please contact us by email at [[email protected]]