Terms of use

1. BACKGROUND

1. These terms (Member Terms , vTH_20220228) set out the legal agreement that applies when a person (You, User) either uses the ekar App or e-commerce website (App), creates an account with ekar or accesses ekar’s services via the App. Our App is provided by ekar Mobility Company Ltd, registration number (105564145096) with its registered office located at the 4 Floor, Srisothorn Place, 47 Sukhumvit soi 23, Klong Toei Nua, Wattana, Bangkok, 10110, Thailand. By using the App You enter into these Member Terms with ekar Mobility Company Ltd. registration number (105564145096) with its registered office located at the 4 Floor, Srisothorn Place, 47 Sukhumvit soi 23, Klong Toei Nua, Wattana, Bangkok, 10110, Thailand. If You use Our services You enter into an agreement to do so on the terms set out in these Member Terms with ekar Mobility Company Ltd registration number (105564145096) with its registered office located at the 4 Floor, Srisothorn Place, 47 Sukhumvit soi 23, Klong Toei Nua, Wattana, Bangkok, 10110, Thailand . For the purposes of these Member Terms We refer to all ekar companies referred to above as Us, We, Our, ekar.

2. These Member Terms include certain capitalised words. These words have their meaning set out in bold text where they first appear.

3. Where a fee or charge is referred to in bold text, further detail of how the fee or charge is calculated is set out in the Fee Schedule attached to these Member Terms.

4. Phrases like “including”, “includes”, “such as”, “for example etc”. are to be understood as illustrative and not to limit the generality of the preceding words. For example, in section 4.1.11we list some categories of laws, but You must comply with all applicable laws, even if not listed.

5. You must not create a member account, nor use or attempt to use the App or Our services if You do not agree to be bound by these Member Terms. You will be required to confirm Your agreement to these Member Terms when creating a member account.

6. You must not use Our services if You are not the person registered as a member who has booked the vehicle in question, or You are not listed as an additional driver. That is a violation of the law and You may be subject to legal action and administrative costs. We will report any criminal act relating to Our vehicles to the competent authorities.

2. MEMBER REQUIREMENTS

1. To access Our services, You will need to create a member account on the App.

2. In order to create a member account, You must be at least 21 years old. If any of the services We offer require a higher minimum age, this will be stated during the process of accessing such services. We reserve the right to prohibit access to Our services to any person who We believe may not be of the minimum legal age to use such services.

3. You must only use Our services for lawful purposes.

4. You will comply with any ekar policies and instructions on the App which We make available from time to time in relation to any service which You use.

5. By proceeding to create a member account with ekar or accessing Our services, You represent to Us that You meet all relevant requirements set out in this section 2, are lawfully able to enter into this agreement, and that You will comply fully with it and You agree to indemnify and hold Us harmless from all losses and costs that may arise if any such representation is false or You otherwise breach this section 2.

6. To use Our Carshare Service, You may need to have a Bluetooth enabled mobile phone.

3. MEMBER ACCOUNTS

1. To create a member account, You will need to generate a username and password using the App and provide the information which We request from time to time in Our account set-up processes. You must ensure that You update Your information without delay if it becomes inaccurate.

2. You agree to provide Us with all information We may reasonably request from time to time in order to verify Your age and identity. In addition to providing Us with copies of documentation, We may require You to submit further verification materials, such as further photographs of Yourself.

3. We will collect and process Your personal information in accordance with Our privacy policy. You understand and agree to Us sharing personal information as required with subcontractors and suppliers, third parties (such as insurers) and competent legal authorities.

4. You are responsible for keeping Your username and password secure and personal to You. You must not share Your account with any person. We are not responsible for any activity carried out on Your account due to Your failure to keep Your account secure. If You suspect Your account details have been compromised, You must tell Us immediately and You must reset Your account password.

5. You may close Your account at any time. If You do so, You will not be able to access Our paid-for services.

6. To access Our paid-for services, You must register a valid credit card or debit card held with a licensed bank with Your member account. We may also accept other payment methods from time to time, but We do not commit to accepting any particular payment method at any time.

7. We are entitled to suspend or close a member account of any person, at any time, at our sole discretion.

4. GENERAL VEHICLE TERMS

1. If You use the App to access a vehicle, the following provisions apply, regardless of the particular service-type You are using.

1. You must not take the vehicle outside Thailand. If You do so, You are responsible for all costs associated with returning the vehicle to the vicinity of your rental commencement address in Thailand.

2. You must not use the vehicle off-road.

3. You must not use the vehicle in any motor sports (whether officially recognised or not) and must not modify the performance of the vehicle in any way. You agree to be liable to Us for all costs incurred by Us or a Vehicle Supplier in removing any modifications and for any lasting damage caused to the vehicle.

4. You must not use a vehicle to tow any other vehicle or object.

5. You must use the vehicle only for Your personal use and must never sub-lease, lend or offer for hire any vehicle nor use it for Your own business use.

6. You, and if applicable any specified additional driver, are the only person entitled to drive the vehicle during the period of use. You must ensure that any additional driver complies with all criteria applicable to the service in question and complies fully with these Member Terms as if they were a member. You must ensure they have read and understood these Member Terms. Where any provision of these Member Terms requires any action to be taken or not to be taken with respect to the operation of any vehicle, You are responsible in all respects for ensuring the compliance of Your additional driver(s) and You agree to hold Us harmless and indemnify Us with respect to the acts and omissions of Your additional drivers.

7. You must not, and must ensure that any passenger or permitted driver does not, smoke (including vaping, e-cigarettes, or similar), eat or drink inside the vehicle and that You ensure the vehicle is kept clean inside and outside.

8. If applicable under legal requirements, You represent to Us that You hold a valid licence of the required type to operate the vehicle in question and are not prevented from operating such vehicle on any legal grounds. You must submit a copy of the front and back of Your licence.

9. You must ensure that You and any additional driver carry all necessary documents as may be required by the laws of Thailand from time to time when operating a vehicle.

10. You must be medically fit and capable of operating the vehicle and You must not be aware of any reason why You should not operate the vehicle.

11. You must ensure that Your use of the vehicle complies with all applicable laws, including traffic laws, health and safety laws, laws governing the operation of a vehicle whilst under the influence of any substance and parking laws. In particular, You agree to drive safely and with respect for other road users and to take account of weather and traffic conditions and You recognise that You are responsible for controlling access to the vehicle of any other passengers and for ensuring the conduct of any other passengers is safe and appropriate.

12. You must ensure that no dangerous substance or unlawful material is transported in the vehicle. You must not transport any load which renders the vehicle over-laden or which could damage the vehicle in any respect.

13. You must look after and take care of the vehicle and must ensure that no items or substances which could damage the vehicle are transported.

14. You must immediately report any accident or road-incident to the police using their available channels and follow any police instructions received, to Us and (if You are using Our Subscription Service) to the Vehicle Supplier. You must not leave the scene of an accident without completing all police requirements and You must comply with all prevailing legal requirements. You must provide all details necessary for the police to generate an accident report. After any accident or road-incident, You must not continue Your journey (other than moving the vehicle to the nearest safe spot if necessary) unless expressly instructed to do so by Us, the police or, if applicable, the Vehicle Supplier.

15. If any person damages the vehicle deliberately, You must tell Us immediately and file a police report.

16. You must not attach or fix any item whatsoever or any signage to a vehicle other than “hands-free” kits for mobile phones, provided such kits are temporary installations and can be removed without leaving damage. You agree to fully indemnify Us and, if applicable, any Vehicle Supplier for the costs of removing any fixed item which You have not removed, and any damage associated with doing so.

17. You must not tamper with, interfere with, damage or attempt to remove any items that have already been fixed to or installed in the vehicle, such as registration plates or stickers or other accessories.

18. We accept no liability for any items of any kind You leave in or on the vehicle at the end of Your period of use or You transport in the vehicle during the period of use. If You leave an item and do not collect it from Us within six months of the end of the rental period, You agree that You will be considered to have abandoned such item and that We may take any action We deem necessary in relation to such item (including destruction or disposal).

19. You are responsible for paying all fines, tolls and other levies attaching to Your use of the vehicle or contravention of laws.

20. If the vehicle is impounded or otherwise confiscated due to Your actions, You remain responsible for paying all rental charges due on the vehicle for the remainder of the rental period and, if longer, until the vehicle is released.

2. You agree to indemnify Us and hold Us harmless with respect to all losses and costs We suffer as a result of Your breach of section 4.1 as well as any negligent or intentional misconduct by You, any additional driver or any passenger.

5. SUBSCRIPTION SERVICE

1. We may make a service available via the App, whereby You can enter into an agreement with a third party business (Vehicle Supplier ) to lease a car for a defined subscription period. This is known as Our Subscription Service.

2. The Subscription Service is only available to You if You are legally allowed to stay in Thailand. You must intend to be primarily residing within Thailand during the subscription period for any vehicle.

3. The Subscription Service allows You to access an inventory of vehicles made available for subscription leasing by Vehicle Suppliers. Ekar does not own the vehicles and does not lease or sub-lease the vehicles to You. Our App is a technology platform which enables You to access the vehicles from the Vehicle Suppliers. We collect payment on behalf of the Vehicle Suppliers and perform administrative services but We are not responsible for the vehicles. You agree to release and hold harmless ekar with respect to all losses and liabilities related to the vehicle rental and You agree that ekar is not responsible for resolving or mediating any disputes between You and the Vehicle Suppliers.

4. You acknowledge that for ekar to process any request You make to use Our Subscription Services, it will be necessary for ekar to collect Your personal information and to share it with the relevant Vehicle Supplier, in accordance with the requirements of the Vehicle Supplier, along with information relating to any additional drivers You request. You hereby consent to all such disclosures and confirm You have the consent of any additional drivers to such disclosure. Further information about how We use personal information is set out in Our privacy policy.

5. ekar does not endorse any Vehicle Supplier over another. ekar uses commercially reasonable efforts to confirm that the Vehicle Rental Suppliers are licensed to operate in the Kingdom of Thailand and maintain the required governmental approvals to provide the vehicles but We do not make any warranty, guarantee, or representation as to any matter relating to the Vehicle Supplier, including its status, licensing situation, ability, competence, compliance, quality, experience, qualifications or its performance of its obligations. You agree and understand that it is Your duty to evaluate whether You wish to enter into an agreement with the Vehicle Supplier in question and that You should raise any questions directly with the Vehicle Supplier.

6. ekar requires Vehicle Suppliers to maintain business insurance and/or professional liability insurance as a condition of access to ekar’s platforms but We cannot guarantee that any such insurance remains in place and We do not make any warranty or representation that such insurance is sufficient.

REQUESTING AND RENTING A VEHICLE

7. You can use the App to set Your desired vehicle type, certain specifications and features, rental period and any other parameters We require from time to time. Upon receipt of Your request, the App will display available vehicles, along with pricing information and other information.

8. You can select additional services or add-ons on the App that We make available from time to time. Charges for additional services and add-ons will vary based on the service, add-on, vehicle, features, year, and other specifications and will be clearly listed in the App.

9. If You wish to proceed to subscribe to a vehicle, You will be required to enter into a rental agreement directly with the Vehicle Supplier ( Rental Agreement) before the vehicle is handed over to You. The Rental Agreement will reflect the commercial terms selected on the App (rental fee, maximum mileage, additional driver etc.) and the App will guide You through the process of finalising the Rental Agreement. Typically, the Vehicle Supplier will require You to sign a physical copy of the Rental Agreement at the time when the vehicle is provided to You. Until You have entered into the Rental Agreement You will have no entitlement to access any vehicle under the Subscription Service. You must carefully read the Rental Agreement and decide if You wish to proceed. The Rental Agreement is a legally binding agreement between You and the Vehicle Supplier and once You have entered into the Rental Agreement, You must abide fully with its terms. You agree to indemnify Us and hold Us harmless with respect to any losses or costs We suffer as a result of Your non-compliance with the Rental Agreement and the Vehicle Supplier will also be entitled to enforce the Rental Agreement against You.

10. The Vehicle Supplier may, in its discretion, refuse to enter into a Rental Agreement for any reason. ekar is not responsible for any such decision.

11. If You subscribe to a vehicle, We will arrange the delivery of the vehicle to Your specified location within the Free Delivery Zone without additional Charge, or You may choose from further Delivery Zones for an additional fee, or You may choose to collect it from the Vehicle Supplier. It is at this point that You will typically be asked to sign the Rental Agreement.

12. You are responsible for inspecting the vehicle in question and satisfying yourself that You wish to rent it before You sign the Rental Agreement. You must ensure that any damage that You observe is recorded on the inspection report conducted during the handover process.

13. You acknowledge and agree that ekar has no obligations under the Vehicle Supplier’s Rental Agreement and is not responsible for the actions or omissions of the Vehicle Supplier.

CANCELLING A SUBSCRIPTION

14. If You have requested a car under the Subscription Service and wish to cancel, You may do so, but charges may apply for cancellation:

1. if You cancel before Your request has been Confirmed then no cancellation charge is payable and the amounts You have already paid, if any, will be refunded;

2. if You cancel after Your request has been Confirmed but before You sign the Rental Agreement, You agree to pay a Cancellation Charge but any excess amounts You have already paid, if any, will be refunded;

3. if You cancel after You have signed the Rental Agreement, You will not be reimbursed for the current month rental charges, insurance and, in case of it being your first month, Booking Fees. , You also agree to pay a Cancellation Charge.

OUR STANDARD CHARGES

15. Each time You create a new subscription period for a vehicle You will need to pay the prevailing Booking Fee to ekar, that will be clearly set out on the App. In addition, You will need to pay a Rental Fee based on the type, model, age, and specification of the vehicle, the specified maximum mileage and the length of the subscription term. The Rental Fee is payable on a monthly basis, upfront;ekar collects the Rental Fee on behalf of the Rental Company via Our App. You agree that ekar is not responsible for any refunds in relation to the Rental Fee and that any such matter is a matter between You and the Vehicle Supplier.

16. Each subscription period is subject to a specified maximum monthly mileage. At the end of Your subscription period, if You have exceeded the total maximum mileage, an Excess Mileage Fee shall apply

17. You are responsible for all road tolls which apply to Your use of the vehicle, and agree to pay Us the same. The Vehicle Supplier may supply an automated Toll-payment service and in such cases the Vehicle Supplier is responsible only for providing access to the Toll-automated payment and You are responsible for the Toll payments. We handle the charging process on Your behalf and charge a Toll Administration Fee per toll incurred. You are responsible for paying Us the toll plus the Toll Administration Fee.

18. You are responsible for paying Us with respect to all traffic and parking fines issued with respect to the vehicle during Your rental period. We handle the payment of these charges to the appropriate authority on Your behalf. In addition, You agree to pay to Us the fine amount plus the Fine Administration Fee for each fine incurred.

FUEL

19. You are responsible for paying for fuel You consume during the subscription period and for keeping sufficient fuel in the vehicle for Your journey. You must only use appropriate fuel-types for the vehicle in question. You must return the vehicle at the end of the subscription period with the same amount of fuel in the tank as at the time the vehicle was first provided to You. You will be required to pay the cost of fuel for any shortfall at the prevailing rate charged by the Vehicle Supplier, along with the Fuel Surcharge for administration costs.

COLLISIONS AND YOUR RESPONSIBILITIES

20. Vehicles will be provided with Collision Damage Waiver (CDW) include or for an additional option fee, Super Collision Damage Waiver (SCDW) maybe also be offered as an additional extra. The fees will vary based on the vehicle, features, year, and other specifications and will be clearly listed in the App, along with the terms of the waiver.

21. For any damage to the vehicle or loss of keys an Insurance Excess Fee shall apply, as determined in accordance with the Fee Schedule depending on the level of collision damage waiver purchased. You are required to pay such excess fee to Us on demand..

22. Any official police determination as to fault shall be taken as final and conclusive. In the absence of any police determination, ekar shall be entitled to determine fault in its discretion and You shall be responsible for paying any costs incurred by ekar and / or the Vehicle Supplier in investigating the accident.

23. If You have driven the vehicle involved in the accident in breach of any legal age or licence restrictions, or under the influence of a substance in conflict with the law, without prejudice to Our other rights and remedies and regardless of fault, You will also be liable to pay Us the Unlawful Driving Charge.

USE OF THE VEHICLE AND EXTENSION OF THE RENTAL AGREEMENT

24. Subject to Your ongoing compliance with the Member Terms and the Rental Agreement, You shall be entitled to use the vehicle accordingly for the duration of Your subscription term. Subject to the Vehicle Supplier continuing to make the vehicle available, You may request to extend Your subscription period using the App, however the Vehicle Supplier will typically require You to sign a new Rental Agreement and until such time as the Vehicle Supplier’s processes are completed You will have no further entitlement to use the vehicle beyond the end of Your current subscription period.

MAINTENANCE AND REPAIR

25. You must not arrange or carry out any repair work or maintenance work (other than basic maintenance such as tire inflation or water top-up) on the car. If the car is not performing as expected or appears to need maintenance or repair, You must inform ekar or the Vehicle Supplier promptly and allow the Vehicle Supplier to direct the appropriate response.

THE END OF THE RENTAL AGREEMENT

26. You must make the vehicle, along with all peripheries (manual, keys etc.) available for collection by the Vehicle Supplier at a designated address in the Delivery Zone or must otherwise deliver the vehicle to the Vehicle Supplier on the final day of Your subscription period. If You fail to make the vehicle available at the agreed eligible address or to deliver the vehicle to the proper facility of the Vehicle Supplier You will be liable for, and hereby agree to pay Us, a Late Subscription Return Fee (and You may also be liable to the Vehicle Supplier under the Rental Agreement). The Late Subscription Return Fee may vary from time to time but the current fee is set out in the Fee Schedule attached to these Member Terms.

27. If there are any overdue sums payable to Us under the Subscription Service, We may charge a Rejected Payment Fee for each day that any balance remains overdue, in order to cover Our additional costs and Our third party costs associated with Your late payment.

28. If You have not settled outstanding amounts within 24 hours of being requested to do so, each of ekar and the Vehicle Supplier shall have the right to repossess the vehicle. You will remain responsible for paying the charges for the remainder of the agreed rental period in such circumstances.

6. CARSHARE SERVICE

1. We may make a service available via the App, whereby You can enter into an agreement to use an ekar vehicle on a short-term, by-the-hour basis, on a collect and leave model. This is known as OurCarshare Service. Our Carshare Service vehicles ( Carshare Vehicles) are shown on the App and the App can be used to locate, book and drop-off Carshare Vehicles as and when You wish to use them.

2. You hereby irrevocably authorise Us to charge Your registered payment method for all charges, fees and other sums whatsoever due with respect to or in connection with the Carshare Service without further prior notice or warning to You and undertake to maintain sufficient funds or credit balance to satisfy all such charges. You recognise that knowingly incurring charges without sufficient means to pay them may be a criminal offence.

CONDITIONS OF USE AND CREATING YOUR ACCOUNT

3. To be able to access the Carshare Service, You must comply with the criteria and conditions below and complete the Carshare registration process on the App, in addition to holding and uploading a valid driver’s licence on Your member account.

1. You must be at least 21 years of age.

2. You must submit a valid and current payment method, as described on the App, which You authorise Us to charge automatically for Your use of the Carshare Service.

3. You must submit a copy of Passport or National ID if you a Thai National, front and back.

4. If You are not a Thai resident, You must submit a copy of Your passport, including visa stamp for Your current entry into Thailand.

5. You must have at passed your Drivers’ Licence at least six months’ before being able to use the Carshare Service..

6. If You are intending to benefit from any staff-benefit arrangements We have with Our corporate clients, You must upload a valid and current staff ID to Your member account, so that We can verify Your eligibility.

4. We will charge Your payment method a nominal fee to complete the registration process. We will also charge a nominal holding fee to verify payment card details.

5. If You successfully register on the App, You are eligible to access the Carshare Service, subject to Your continued compliance with these Member Terms.

6. You are solely responsible for the consequences of traffic offences and violations, criminal activities and parking violations (including on privately operated parking facilities) that occur in connection with Your rental of a Carshare Vehicle and You must pay all penalties, fines, towing costs and other charges arising from these offences, activities or violations. You must also pay all toll charges or similar charges imposed in connection with Your rental of a Vehicle. If, for any reason, We are required to or decide to pay penalties, fines, towing costs, toll charges or other charges on Your behalf or on behalf of one of Your additional drivers, You agree to reimburse Us for the full amount of these penalties, fines, costs or charges and You acknowledge that We are entitled to charge such amounts to Your payment method without further notice. You agree that We may release Your name and other relevant information to any governmental agency or court in relation to these offences, activities, violations, penalties, fines or charges. To the extent permitted by law, We may elect, in Our sole discretion, to settle any claims related to the offences, activities or violations referred to above on Your behalf or, to transfer any legal process, responsibility or liability related to such claims to You.

YOU MUST UPDATE YOUR INFORMATION

7. If any of the registration information or member information changes You must immediately update it via the App, including if Your driving licence is suspended or revoked or You are prohibited from lawfully driving for any reason. We may terminate or suspend Your access to the Carshare Service if We believe any of Your information is out of date or incorrect.

BOOKING PROCESS

8. In order to book a Carshare Vehicle, You must make a reservation through the App or any other channel We make available from time to time. If Your reservation is confirmed, this indicates that We have identified an available Carshare Vehicle in accordance with Your request. You will be shown the location of the available Carshare Vehicle(s). However, You need to start the reservation within 30 minutes from the time the car is reserved for the per minute rental. If the trip is unused, an unused fee will be applicable. If the reservation is cancelled, there will be no charge for the first time but from the second time a cancellation fee will be applicable unless there is a used reservation.

9. If You do not utilize the reservation within 30 minutes following the time of Your booking, the booking will be considered as unused.

10. If You cannot find Your booked Carshare Vehicle, please call Us immediately for assistance.

ADDITIONAL DRIVERS

11. You may select to add an additional driver in Your booking. If You do so, then You are allowed to have one additional driver who can use the Carshare Vehicle during Your reservation. The additional driver must be compliant in all respects with these Member Terms, including all conditions of eligibility set out and all information referred to in section 6.3, must be uploaded in relation to the additional driver. You agree to be liable to Us for all invoices, fees, fines, and other charges associated with Your booking period for Yourself and Your additional driver. You understand that ekar cannot be expected to know who is driving the Carshare Vehicle at any particular time or who committed any particular act or omission. You must ensure that the additional driver is made familiar with these Member Terms and in particular if there is an accident or collision where the additional driver is driving, You must ensure that he/she adheres to the relevant requirements set out in these Member Terms and abides by the law.

12. Your responsibility to ekar for additional drivers does not relieve the additional driver of any liability they may have to any third party or under the law and You acknowledge that ekar is not responsible in any respect for any such liability.

STARTING A TRIP

13. To activate a rental period, You must use the App to unlock the Carshare Vehicle once You are located with the Carshare Vehicle. Unlocking the Carshare Vehicle starts the rental period and You are responsible for the Carshare Vehicle from this point, until the end of the rental period. The Carshare Fee described below begins to accrue from this point.

14. Before operating a Carshare Vehicle, You must familiarize yourself with the Carshare Vehicle, the trip process, parking rules and the vehicle manual. The manual contains instructions and other useful information on how to use the Carshare Vehicle and its equipment. A copy of the manual can be found inside the Carshare Vehicle.

15. You must also inspect the interior and exterior of the Carshare Vehicle for any defects, damages, soiling, and any missing, incomplete, defective or inoperative equipment or documentation (such as any key fob, the insurance papers or copy of the manual) (Vehicle Damage).

16. If You discover any Vehicle Damage, You must let Us know immediately calling Our Call Centre. You must report any Vehicle Damage to Us completely and accurately. The Call Centre will inform You whether any of the Vehicle Damage You have reported will prevent You from using the Vehicle or will let You know what additional steps You may have to take to properly address the issue. If the Call Centre determines that a Vehicle can no longer be used, it will assist You in making alternate arrangements. You acknowledge that the Call Centre is operating remotely and that due to the nature of remote communications it is possible that the understanding of the Call Centre representative does not completely accurately reflect the extent of the Vehicle Damage. If You believe the Vehicle Damage renders the Carshare Vehicle unsafe or unroadworthy, You must say this clearly to the Call Centre representative and insist that the Carshare Vehicle cannot be used.

17. You understand and agree that if You do not completely and accurately report to Us any Vehicle Damage already existing at the beginning of Your Rental Period, that damage will be deemed to have occurred during Your Rental Period and You must pay Us for that damage unless it can be established to Our satisfaction that Vehicle Damage could not have occurred during Your Rental Period.

18. The key fob is used to activate the Carshare Vehicle’s engine and is also used to lock and unlock the Carshare Vehicle during stopovers during Your rental period, whereas the App is used to unlock and lock the Carshare Vehicle at the start and end of Your rental period.

19. The key fob (as well as the Carshare Vehicle and all other equipment and items provided) is the property of ekar. If the key fob or any other item of Ours is lost or damaged, You must let Us know immediately by calling Our Call Centre.

INTERRUPTING A TRIP

20. You can interrupt Your trip without ending Your rental period. You do this by shutting down the car engine, exiting the Carshare Vehicle, and locking the doors and trunk in the usual way. Unless You end Your trip on the App it shall be deemed to continue. You must ensure that all windows are closed and the Carshare Vehicle is properly and lawfully parked during any period when You leave it. When You wish to recommence use, You can unlock the car and restart the engine in the usual way.

ENDING A TRIP

21. You must ensure You properly end Your trips in accordance with these Member Terms and the process set out on Our App to avoid accruing additional charges.

22. When You wish to end a Carshare Vehicle rental period, You must:

1. park the Carshare Vehicle in a legal public parking spot;

2. ensure that the Carshare Vehicle engine is turned off;

3. ensure that the key fob is located in the glove compartment;

4. ensure that the Carshare Vehicle is clean and tidy and You have left none of Your belongings in the Carshare Vehicle;

5. ensure that all windows, doors, and the trunk are fully closed and that all lights have been turned off; and

6. ensure that the Carshare Vehicle is returned in its original condition, except for ordinary wear and tear due to reasonable use; and

7. use the App to lock the Carshare Vehicle.

23. When You successfully lock the Carshare Vehicle with the App to end a rental period, the Carshare Vehicle will display a green or orange indicator light and the doors will be locked. You must check this has happened. If You cannot end Your trip, including if the indicator light remains red, You must contact Our Call. If You fail to properly end Your trip, You will remain responsible for ongoing rental charges (unless the failure is due to Our technology malfunctioning).

24. If We determine You have abandoned the Carshare Vehicle without ending Your trip, or You have failed to leave the Carshare Vehicle in a designated Carshare Vehicle parking spot We may charge You the applicable Carshare Fees as well as Our costs associated with attending to the Carshare Vehicle and any parking fees or fines incurred or any specified charge We publish from time to time.

STANDARD CHARGES

25. You agree to pay Us a use-based Carshare Fee for using a Carshare Vehicle. There may also be a Carshare Booking Fee which will be specified on the App, if applicable, and which You also agree to pay. The applicable Carshare Fee will be displayed on the App as an hourly or daily fee. Some of Our Carshare Vehicles are available for use by-the-minute and so the actual Carshare Fee You pay will be calculated with reference to the actual length of use to the nearest minute. Some of Our Carshare Vehicles are available on a daily or weekly basis, in which case this will be indicated clearly on the App and the Carshare Fee will be rounded to the nearest applicable unit. The fee will become payable when Your booking period commences and the total due will be calculated by Us when Your booking period ends.

26. There are mileage limits that apply during the rental period of a Carshare Vehicle. These will be displayed on the App. If You exceed the permitted mileage, You agree to pay Us the Carshare Excess Mileage charge per km excess.

27. You are responsible for any other fees, fines and charges (such as Tolls and traffic fines) incurred during Your use of a Carshare Vehicle and You understand that We are authorised to charge all such amounts to Your registered payment card.

WE CAN REMOTELY MONITOR THE CARSHARE VEHICLE

28. We have installed certain devices and software in the Carshare Vehicles which tracks their location and monitors the mileage accrued in real time and enables the door locks to be operated via the App. You agree that these are necessary features enabling Us to offer the Carshare Service cost-effectively and You agree that by using the Carshare Service You are providing Your express consent to such monitoring, which You recognise could be used to build a picture of Your movements and activities. Further details about how We use personal information are set out in Our privacy policy.

29. In addition, We have installed disabling technology which can be activated by Us remotely to prevent the Carshare Vehicle from operating. If You have failed to pay Us any amounts due or We believe You are using the Carshare Vehicle in a dangerous or unlawful manner, We are entitled to disable the Carshare Vehicle. We cannot disable the Carshare Vehicle when it is in motion and the engine is running.

FUEL AND EV CHARGING

30. Other than as stated further below, We aim to ensure that pay-per-minute Carshare Vehicles are fuelled or charged sufficiently and fuel and charging costs are included in the Carshare Fee for such Carshare Vehicles, so that You do not need to worry about fuelling or charging

31. Where You are using a Carshare Vehicle which was identified on the App as a daily, weekly or monthly Carshare Vehicle (not by-the-minute), You are responsible for the cost of Your fuel use and You must send Us the picture of the fuel level before starting Your trip and after You end the trip and You must ensure that You return the vehicle with the same fuel level. If You return the vehicle with insufficient fuel, We may charge You for the missing fuel, and We may also charge an administration fee in accordance with the prevailing rate at the time.

PARKING

32. Parking is free in Specified Areas, You are responsible for all other Parking fees and fines.. For detailed information, please refer to Our parking policy under FAQ’s.

33. You are responsible for ensuring the Carshare Vehicle is lawfully parked when not in use, both during a trip and at the end of a trip. You are responsible for all parking fines or private parking charges incurred in relation to Your use of the Carshare Vehicle.

PROPERTY, PASSENGERS AND CARE FOR THE VEHICLE

34. You are responsible for the cost of replacing any lost ekar property during the course of Your rental period.

35. You must not allow any animal inside a Carshare Vehicle unless the animal is recognised as a guide-animal for a disabled person who is travelling in the Carshare Vehicle at the same time; any such animal must be appropriately secured and contained.

36. You must ensure Your passengers behave responsibly, do not leave any mess or dirt and comply with all legal requirements.

37. We depend on ekar members to return Carshare Vehicles in a clean and tidy state. You are responsible for cleaning Your Carshare Vehicle before ending Your rental period. If You leave a Carshare Vehicle dirty or messy, You will have to pay for any required cleaning or detailing in accordance with Our prevailing rates at the time. Since We generally rely on Our ekar members to clean Carshare Vehicles, We cannot promise that each Carshare Vehicle will be clean and tidy when You collect it and We do not take any responsibility in relation to any objects left in a Vehicle by a previous user. If You find any left items or the Carshare Vehicle is left in an unacceptable condition, please call Our Call Centre.

38. If any of the Carshare Vehicle’s warning or indicator lights come on during Your Rental Period, You should stop as soon as possible in a safe place and immediately notify the Call Centre for further instructions. Do not continue to use the Carshare Vehicle if the Call Centre advises You or the manual states that the Carshare Vehicle is no longer safe to drive.

39. During an active reservation, You should provide Us the Carshare Vehicle if it is due for renewal or service. If You refuse to provide the Carshare Vehicle, the Carshare Vehicle will be immobilized, and/or if any fines or damages occur as a result of Your refusal You agree to pay Us the same.

COLLISIONS, ACCIDENTS AND DAMAGE

40. We maintain comprehensive insurance for the Carshare Vehicles in accordance with Thailand legal requirements. You and any approved additional driver qualify as insured under Our third party liability insurance, provided You use the Carshare Vehicle in accordance with these Member Terms.

41. You agree to pay an Insurance Excess Fee with respect to Our administration costs in case of any accidents, Your negligent or intentional damage, or unknown cause damage, which occurs during Your period of use regardless of the nature of the damage or Your fault. The standard Insurance Excess Fee is set out in the Fee Schedule but may be higher if our actual costs are higher. We will confirm the exact charge based on the damage suffered and the administration effort involved. If You have held a Valid driving licence for less than 6 months or are less than 25 years of age You are liable to pay the Carshare New Driver Premium in addition.

42. If the police, any court, or Our insurer determines that You or Your additional driver (or any other person You permit to operate the Carshare Vehicle) is fully or partially at fault for an accident, You must indemnify Us for any deductible We have to pay to Our insurance providers.

43. You are responsible for and indemnify Us for any loss, liability, claims (including claims by other persons), damages, costs or expenses in connection with Your use of a Carshare Vehicle that is not covered by Our insurance.

44. If You have any personal insurance in place, You are responsible for assessing whether its terms provide You with appropriate coverage in relation to the Carshare Service.

7. FEES AND PAYMENT

1. All fees and other charges stated in these Member Terms are inclusive of any applicable VAT or other mandatory tax. You undertake to pay the fees, charges and all such taxes and to maintain a valid payment method under Your member account.

2. Carshare Service charges are deducted automatically from Your registered payment card. You agree that We do not need to seek any further approval from You to raise such charges. If any charge We are entitled to charge to You is declined, You agree to pay Us a Declined Card Fee for Our additional administration costs. You will also remain liable to pay the declined amount. It is Your responsibility to maintain adequate funds or credit on Your payment method in order to satisfy the charges.

3. We will email You an invoice within 24 hours of taking a payment from You.

4. We may suspend or terminate any service if We have reason to believe Your payment method is no longer valid or lacks sufficient funds, or You are in arrears.

5. We will make any refund You are due by the original mode of payment only.

6. We are entitled to pursue all legal remedies available to Us to pursue any debt You owe to Us.

8. CHANGES TO THESE MEMBER TERMS

1. You agree that ekar may amend these Member Terms from time to time, at ekar’s sole discretion. Although ekar will use reasonable endeavours to notify You of any amendments to this Agreement (such as via in-app notifications or by email), ekar will not be required to provide You with prior notification of such amendments or changes to these Member Terms and Your continued use of the App and/or Our services shall constitute Your acceptance of such amendments or changes to the Member Terms from the date that We publish them on Our website or App.

2. You should review and check the Member Terms before entering into any new agreement with Us to procure Our services.

3. Where You are party to a Rental Agreement ekar cannot amend such Rental Agreement and any changes will be a matter for You and the Vehicle Supplier, subject to the terms of the Rental Agreement.

9. COMMUNICATIONS

1. We use email and electronic means to stay in touch with Our members. You (i) consent to receive communications from ekar in an electronic form via the email address You have submitted or via the App; and (ii) agree not to challenge the validity of any communication sent by electronic means.

2. Reports, statements, notices and any other communications You need to transmit to ekar, should be sent to [email protected]. All communications and notices shall be deemed to be received or served (as applicable) to ekar when electrotonically received by ekar at [email protected].

10. INTELLECTUAL PROPERTY RIGHTS

1. We are the owner or the licensee of all intellectual property rights in the App and on Our websites, and in the material published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

2. Without prejudice to section 10.1, “ekar”, “www.ekar.me”, and all other trademarks that appear, are displayed, or are used on the App from time to time or as part of Our services are registered trademarks of ekar; and may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from ekar.

3. Our status (and that of any identified contributors) as the authors of content on the Sites must always be acknowledged.

4. If We enable functionality allowing You to upload content onto Our App or Our websites, You acknowledge that We are intended to own all such content. To the maximum extent permitted by law You assign to Us all rights in such content and waive any moral rights You may have. You agree to execute any further confirmatory assignments We may request from time to time and not to claim any compensation for the use of any such content by Us. Any content You upload (other than Your private account details and payment details) will be considered to be non-confidential and You hereby agree to grant Us an unrestricted licence to use all such content however We see fit.

5. If You do upload any content to Our App or sites it must be lawful in all respects and free of any type of malware. In particular, You agree that You will not, under any circumstances, transmit any content that (i) is unlawful or promotes unlawful activity; (ii) defames, harasses, abuses, threatens, or incites violence towards any individual or group; (iii) is political, pornographic, discriminatory, or otherwise victimizes or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (iv) is spam, constitutes unauthorized or unsolicited advertising, any other form of unauthorized solicitation; (v) contains or installs any viruses, worms, malware, Trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; (vi) infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights; (vii) impersonates any person or entity, including any of Our employees or representatives; or (viii) violates the privacy of any third party. You agree to indemnify Us and hold Us harmless with respect to all losses and costs We may suffer as a result of Your breach of this section 10.5

6. If a third-party alleges that content You have uploaded infringes any of their rights, We may disclose Your identity to such third-party. We may also disclose Your identity to law enforcement authorities if We consider it appropriate to do so. You hereby consent to all such disclosures mentioned in this section.

11. OUR APP

1. We may update and change the App from time to time for any reason.

2. The App is made available free of charge, unless stated otherwise.

3. We do not guarantee that the App, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the App for business and operational reasons.

4. It is Your responsibility to maintain Your own internet connection and compatible device in order to access Our services and You are responsible for all costs associated with doing so.

5. The content on the App is provided for general information only. It is not intended to amount to advice on which You should rely. You must consider whether Our services are suitable for Your specific requirements. In particular, if We have enabled other members to leave reviews of vehicles or of Vehicle Rental Suppliers, You acknowledge that We do not verify such reviews and that such reviews are the opinion solely of the author and not ekar and are not provided as an endorsement or recommendation by ekar.

6. Although We make reasonable efforts to monitor the quality of the App and services, We make no representations, warranties or guarantees, whether express or implied, that: the content on the App is accurate, complete or up to date or that any service will meet Your requirements; that the App or services will be available at any particular time or location; that the App or services will function in an uninterrupted manner or be secure; that any defects or errors will be corrected; or that the App is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from Your use of information, content or other material obtained from the App, Us, any Vehicle Supplier and/or service.

7. Third party websites. If the App contains links to other sites and resources provided by third parties, these links are provided for Your information only. Such links should not be interpreted as approval by Us of those linked websites or information You may obtain from them. We have no control over the contents of those sites or resources.

8. VIRUS/MALWARE

1. We do not guarantee that the App is virus (of whatever form) free.

2. You are responsible for the configuration of Your own devices and for ensuring that appropriate virus protection software is installed.

3. You must not misuse the App by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the App, the servers on which the App is hosted, or any server, computer or database connected to the App. You must not attack the App via a denial-of-service attack or a distributed denial-of service attack. You must not attempt to conceal Your location or identity when accessing the App. By breaching this provision, You may commit a criminal offence under Thai legislation and liable for. We will report any suspected criminality to the relevant law enforcement authorities and We will cooperate with those authorities by disclosing Your identity to them.

9. Content-scraping. You must not deploy any software by any means with the intent to extract information from the App, other than information obtained in the normal course of using the services. In particular, You must not Use web-scraping tools or similar. We consider such actions to be unauthorised attempts to access the App and We may take further action against violators.

12. LIABILITY

1. If You operate a vehicle in breach of these Member Terms You may also be operating in breach of Our third party liability insurance terms. In addition to Our right to claim damages or bring charges under these Member Terms, if You invalidate the insurance You may have personal financial exposure to a third party claimant, the insurer, or Us. Your liability could include, for example, amounts claimed by a third party, reimbursement to a third party liability insurer for amounts that it has paid, and reimbursement to Us for amounts that We have paid, including any insurance deductible.

2. Apart from any liability which We cannot lawfully limit or exclude under the applicable law, Our liability to You is limited with respect to each period of use of a vehicle, to the amount You have paid Us for such period of use and is limited to providing You with any refund You may be due. Apart from where We cannot exclude such liability under applicable law, We are not liable in any circumstances for loss of profit or revenue, financial loss, loss of business opportunity, property damage, personal injury or any other foreseeable or unforeseeable loss You may suffer as a result of using Our App or Our services.

3. Subject to section 12.2, We shall not be liable for any unavailability of any vehicle, delay or interruption to any trip, unavailability of the App or any error in connection with any information contained on the App.

4. Apart from where We cannot exclude such liability under applicable law, We are liable in no circumstances for any indirect, consequential, incidental, special, aggravated, punitive or exemplary damages or losses You may suffer howsoever arising under or in connection with these Member Terms or any of Our offerings governed by them.

5. In particular, You acknowledge that to the extent permitted by applicable law, in no event will ekar be liable, responsible or otherwise, to You or to third parties for any damages or losses that may arise from or in connection with: (i) the failure, interruption or disruption of any service or the unavailability of the App or the services, regardless of whether the same is provided by ekar or a third party; or (ii) the quality, accuracy, timeliness, speed, reliability, performance of any Vehicle Supplier or service and/or the App (including without limitation any breach by the Vehicle Supplier of any obligation); or (iii) errors, mistakes, or inaccuracies of any Content and/or information available on or through the App; or (iv) any unauthorized access to or use of Our servers and/or any and all personal information stored therein, and/or any interruption or cessation of transmission to or from Our servers, and/or any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the App by any third party; or (v) any failure or delay in the execution of any transactions through the App and/or the services; or (vi) any dispute, conflict or disagreement between other members or the general public in connection with any services; or (vii) loss of profits, loss of business reputation (whether incurred directly or indirectly), any injury or accident or physical or property damage or health issues or otherwise that may occur to You.

13. RELEASE AND INDEMNITY

1. You agree to indemnify and hold harmless ekar from and against any and all claims, demands, actions, losses, damages, assessments, charges, liabilities, costs and expenses (including without limitation lawyers’ fees, penalties, interests or loss of profits) made by a Vehicle Supplier or any third party against ekar and which may at any time be suffered or incurred by, or be assessed against, ekar, directly or indirectly, as a result of: (i) Your use of the App and any of Our services or Your violation of these Member Terms or any Rental Agreement; (ii) any injury, accident, physical or property damage, loss of profit, property or business reputation, or otherwise that may be caused by You as a result of use of any of Our services; (iii) errors, mistakes, or inaccuracies in the content or information You provide to Us, including Your member account information, and/or in the information available on or through the App, or (iv) Your unauthorized access to or use of Our servers and/or any and all personal information stored therein, and/or any interruption or cessation of transmission to or from Our servers, and/or any bugs, viruses, trojan horses, or the like, which may be transmitted by You to or through the App, or (v) failure or delay in the execution of any transactions through the App and/or the services or, (vi) dispute, conflict or disagreement between You and other ekar members or members of the public in connection with any of the services, or; (vii) any act or omission of a Vehicle Supplier, including its failure to ensure that it is lawfully licensed in the Kingdom of Thailand and maintains the required government approvals.

2. If You have a dispute with one or more Vehicle Rental Suppliers, You release ekar from any and all claims, demands and damages (actual and consequential) or losses of every kind and nature, arising out of such disputes.

VEHICLE SUPPLIER RIGHTS

3. Where any provision of these Member Terms describes a right in favour of a Vehicle Supplier, it is intended that the Vehicle Supplier shall have the right to enforce such provision directly. The Member agrees that ekar and each Vehicle Supplier jointly and severally have the power to file and pursue lawsuits against the Member in respect of any claims, demands, actions, losses, damages, fines, charges, liabilities, costs and expenses which have been suffered or incurred by ekar and/or Vehicle Supplier, directly or indirectly, recoverable in accordance with these Member Terms.

14. TERMINATION

1. You may terminate these Member Terms at any time by ceasing to use Our services and deleting Our App from Your device. You may also request Us to close Your member account. If You have an open vehicle rental period or booking request You may be liable to pay Us a cancellation charge, as described in these Member Terms.

2. We may terminate these Member Terms at any time by giving You notice that Your member account is terminated. You will no longer be permitted to access Our services or Your account. Because of the arrangements under which We collect charges on behalf of Vehicle Rental Suppliers, if You are party to a Rental Agreement, this will also be terminated. The Vehicle Supplier may, at its absolute discretion and independently of ekar, decide whether or not to enter into any replacement vehicle rental agreement with You.

3. If these Member Terms are terminated, it does not relieve You from Your obligation to pay Us any amounts You owe to Us or which become owed to Us and termination is without prejudice to all prior rights and obligations of You and Us. All indemnity provisions and liability provisions of these Member Terms are intended to survive termination.

15. DATA PROTECTION

1. Your use of Our services and the App may involve You providing Us with personal information.

2. Your personal information may be shared with third parties including Our suppliers and subcontractors, Vehicle Rental Suppliers and competent government authorities to the extent We do so in providing Our services or to the extent We are required by law to do so. You acknowledge this and agree to it. If You do not agree, You should not use Our services or create an account on the App.

3. We will implement reasonable measures to protect Your personal information and keep it secure from unauthorised access or processing.

4. We will not use Your personal information for any direct marketing purpose without Your permission.

5. Further information about how We use Your personal information is set out in Our Privacy Policy. You should read Our Privacy Policy.

16. INTERPRETATION AND GENERAL PROVISIONS

1. These Member Terms constitute the entire agreement between You and Us in relation to the subject matter and supersede any previous contracts or arrangements of any kind relating to the subject matter. Each of You and Us undertakes to the other that it has not entered into these Member Terms in reliance on any statement or representation made by the other which is not expressly incorporated into these Member Terms and waives any right to claim reliance on any such thing.

2. Nothing in these Member Terms is intended to be or establishes any type of joint venture, employee-employer, escrow, partnership, or any fiduciary relationship between the parties.

3. The headings in these Member Terms are for convenience only and are not to be considered when interpreting the Member Terms.

4. If any portion of these Member Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions will remain in full force and effect and, upon either party’s request, the court will construe any invalid or unenforceable portions in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from these Member Terms and the rest of the agreement shall remain in full force and effect.

5. To be effective, any waiver by a party of any of its rights or the other party’s obligations must be made in a writing signed by the waiving party. No failure or forbearance by either party to insist upon or enforce performance of any of the provisions of these Member Terms or to exercise any rights or remedies under these Member Terms or otherwise constitutes a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision, right, or remedy in that or any other instance; rather, the same will be and remain in full force and effect.

6. You may not assign or transfer any rights, obligations, or privileges that You have under these Member Terms. We may deal with Our rights, obligations and privileges under these Member Terms in any manner whatsoever without Your prior consent or notice.

17. GOVERNING LAW AND JURISDICTION

1. These Member Terms shall be governed by and construed in accordance with the laws of Thailand. Any dispute arising out of or in connection with these Member Terms shall be settled by the Thai Courts.

By indicating Your agreement to these Member Terms, You hereby agree to be bound in all respects and to comply with them.

FEE SCHEDULE

This table describes Our standard charges. You should note that other amounts may be payable to Us under the Member Terms (for example, to rectify damage or where You have caused Us loss, or with respect to traffic fines, Toll charges, parking costs etc.). This Schedule is for information only and if there is any conflict with any other provision of the Member Terms then that other provision shall take precedence.

On your mobile device please scroll horizontally to view all details in the table below: