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Terms of Use

These Terms of Use (hereinafter referred to as the “Terms of Use”) for providing and operating the online application or web service named “UPCAR” (the “Services”) set forth are the terms and conditions to be agreed by you as a User (Defined in Article2) with regard to the use of the Services provided by Flare (Thailand) Co.,Ltd. (“Company”), a company having its head office at 101 Mobicom 3, Unit C1, 4th Fl., Soi Praphinit, Naradhiwasrajanakarin Road, Thungmahamek, Sathorn, Bangkok 10120

. The Terms of Use are applicable to all Users whose registrations have been satisfactorily completed in accordance with the provision hereof. Please read the Terms of Use carefully as you use the Services.

  • General Provision, Scope
  • The Terms of Use set forth the basic provisions regarding the use of the Services provided and operated by the Company, which all Users are obligated to comply with.
  • Any separate or additional terms established by the Company through the Company Website or the Services or any rule released through e-mails and similar means in relation to the Services shall constitute a part of the Terms of Use. If any provision of such separate/additional terms or rules (hereinafter collectively referred to as “Individual Terms of Use”) is in conflict with any provision of the Terms of Use, the provision of the Individual Terms of Use shall prevail.
  • Definitions

As used in the Terms of Use, the following terms shall have the following meanings:

  • “User(s)” means an entity or individual whose registration has been completed in accordance with the provisions of Article 3.
  • “Registration Information” means any information which the Company specifies and collects from Users upon registration, or any information which the Company deems as necessary and requests from Users during their use of the Services, and any information added or modified by Users with respect to the above-mentioned information.
  • “Content(s)” means any information that is available to Users through the Services, including, but not limited to, texts, images, video, audio, music and other audible sounds, graphics, software, programs, codes, and other types of data.
  • “User Content(s)” means any information that is written, posted or sent by Users through the Services, including, but not limited to, texts, images, video, audio, music and other audible sounds, graphics, software, programs, codes, and other types of data.
  • “Account” means the right or qualification of Users to use the Services.
  • “Company Website” means the website with the domain name https://upcar.io. If for any reason there is a change to the domain and/or Contents, the Company Website shall be the subsequent website after any such change.
  • “Intellectual Property Right” means copyright, patent right, utility model right, trademark right, design right and any other Intellectual Property Right, including the right to obtain and register any such right.
  • User Registration
  • To be eligible to use the Services, you must be 13 years of age or older or have the express consent of parent or guardian. A Company may require proof of identity as a prerequisite to registration.
  • Pursuant to 3.1, a person who wishes to use the Services (“Applicant”) may apply with the Company upon agreeing to comply with the Terms of Use and providing Registration Information in the manner prescribed by the Company.
  • The Company shall screen applications of Applicants in accordance with the standards established by the Company, and notify the Applicants of either approvals or denials. Applicants will become Users only when the Company provides the Applicants with registration completion notices.
  • Upon Applicants successfully being registered as Users according to the foregoing paragraph, the Terms of Use shall become effective between the User and the Company, thereby allowing the User to use the Services in the manner prescribed by the Company.
  • Changes in Registration Information
  • Users shall notify the Company of any changes of Registration Information within 14 days of such changes, in a manner specified by the Company.
  • If any notices provided by the Company fail to reach Users on time due to reasons attributable to the User’s non-compliance with the preceding paragraph, the notices provided by the Company shall be deemed to have reached the Users within the prescribed period of time and Users may not make any objection in regard to the timing of arrival of the notices from the Company.
  • Account
  • 4Users shall be responsible for thoroughly keeping and safeguarding their own Accounts. Users must not allow third parties to use such Accounts. In addition, Users must not transfer, modify, sell or otherwise dispose of Accounts to third parties. Upon the Company’s verifying that a registered User matches the information stated in such Account, the Company shall deem that such registered User has an Account and uses the Services.
  • Users shall be responsible for any loss or damage arising from their own mismanagement or inappropriate safeguarding of their Accounts, or from any unauthorized use of their Accounts by third parties. The Company shall not be held liable in any way for such loss or damage.
  • In the event Users discover the unauthorized use of their Accounts by any third party, such Users shall immediately notify the Company to that effect and follow the instructions given by the Company to resolve the matter.
  • Photo Works
  • Users are able to make specific photo works, included in User Contents, available on the Service, subject to conditions herein or separately established by the Company.
  • When Users make User Contents through the Services, the User shall represent and warrant that such User Contents do not infringe any Intellectual Property Right, publicity rights, the privacy, the reputation, or any other rights or benefits of third parties (including the Company and other Users).
  • If there is a problem including, but not limited to, any plagiarism, use of a copyrighted image, or inconsistent with the Terms of Use or other related terms provided by the Company or might subject the Company to potential criminal or civil sanction, a Company may reject or delete such User Content.
  • Users agree that the Company may edit, modify and update User Contents which do not harm accuracy of such User Contents without giving notices to such Users; provided, however, that the Company will not have the obligation or held liable for editing, modifying and updating User Contents.
  • Nothing in the Terms of Use shall be construed as a guarantee by the Company that User Contents which are posted on the Service or are not deleted.
  • Users shall indemnify and hold Company, harmless including, without limitation, from all damages, liabilities, settlements, costs and attorney’s fees or from any claim or demand made by any third party due to or arising out of the User accessing or using the Services, User’s violation of the Terms of Use, or the infringement of any Intellectual property or other right of any person or entity.

  • The Company’s status
  • As a provider of the Service, the Company shall not be construed to be a party who posts, writes or creates all User Contents unless otherwise expressly prescribed in the Contents.
  • In the event of any dispute arising between a User and a third party, a User shall immediately notify the Company to that effect and resolve the matter at User’s own cost and responsibility, and the Company shall not be in any way involved or responsible therefor.
  • Under no circumstances will Company be held liable in any way for any User Contents including, but not limited to, any errors or omissions in User Contents, or any loss or damage of any kind incurred in connection with the exposure to User Contents posted via Services.
  • Prohibited Acts

Users shall not engage nor be likely to engage in any of the following actions on their own behalf or through third parties in connection with their use of the Services.

  • Any acts for purposes contrary to the intended purpose of the Services such as for criminal acts and similar acts;
  • Any acts that infringe or which are likely to infringe Intellectual Property Right, publicity rights, the privacy, the reputation, or any other rights or benefits of third parties (including the Company and other Users),
  • Any acts that overload the network or system of the Services, regardless of the means used;
  • Any acts that transmit or embed computer viruses or other harmful programs into the Company Website;
  • Regardless of whether for or not for profit, any acts that modify, change, edit, remove or otherwise change the descriptions or functions provided on the Company Website or in the Services
  • Any acts that cause damage to the Company, such as unlawfully accessing any of the systems connected to the Services without authorization or modifying any information or data stored within the Company’s facilities;
  • Any acts in violation of applicable laws, regulations, legal decisions, court orders, or other legally binding administrative dispositions; or any acts that encourage such violations;
  • Any fraudulent or threatening acts against the Company, other Users, or third parties;
  • Any acts under which the false identity of the Company or third parties, including other Users, is assumed; or
  • Any other acts deemed inappropriate by the Company.
  • Violations
  • If the Company deems that any of the following conditions apply or are likely to apply to a User, the Company may, at its discretion, request such User to cure the breaches, suspend or restrict the use by such User of the Services, and/or delete the Account of such User (hereinafter collectively referred to as “Suspensions of Use”)
    • The User has violated any of the provisions herein;
    • All or part of Information provided by Users is found to have been false;
    • The Company deems that the act is inappropriate to use the Services;
    • The User has been subjected to a suspension of payment or declared as insolvent, or a petition for commencement of bankruptcy, civil rehabilitation, reorganization, special liquidation or any equivalent procedure has been filed;
    • The User does not respond to the Company’s inquiries or requests for responses, and 30 or more days have passed;
    • The User is, or is involved with, antisocial forces, engaging in the maintenance, operations, or management of such antisocial forces, such as by providing financing or funds;
    • The Company deems that the deletion, suspension or restriction of the Services is necessary; or
    • The Company deems that reasons similar to the above exist,
  • Any Suspensions of Use shall not relieve the User of any responsibilities or obligations to compensate the Company, other Users or third parties under the Terms of Use or other relevant terms, including, but not limited to, compensation for damages.
  • Changes, Suspensions or Terminations of the Services
  • The Company reserves the right to make changes or additions to whole or part of the Services without giving prior notice to Users.
  • The Company reserves the right to terminate the provision or operations of whole or part of the Services at its discretion, upon which event the Company will notify Users to that effect in a manner deemed appropriate by the Company; provided, however, that such terminations may occur without advance notices in case of emergencies.
  • In the event of any of the following, the Company shall be able to temporarily suspend whole or part of the Services without giving prior notice to Users
    • Emergency or periodical maintenance or repair work is performed on the hardware, software or other network devices for the Services;
    • There has been a system overload due to increased usage or other unexpected reasons;
    • There is a need to ensure the security;
    • Telecommunications providers do not provide services;
    • Provision of the Services is rendered difficult due to a force majeure event;
    • Provision of the Services is rendered difficult due to fires, power failures, accidents, wars, disputes, disturbances, riots, labor disputes, and such similar events;
    • Provision of the Services is rendered difficult due to laws or regulations or due to any disposition made in accordance with such laws or regulations; or
    • The Company deems it necessary to suspend the Services for any reason equivalent to any of the preceding item.
  • The Company shall not in any way be held liable for any loss or damage incurred by Users as a result of the actions under this Article.
  • Ownership of Rights
  • Any and all Intellectual Property Right pertaining to the Contents provided by the Company through the Services shall belong to and remain the property of the Flare Inc.(hereinafter the “Owner”) and/or the licensors licensing such Intellectual Property Right to the Owner. The Company is granted the license of the Owner’s Intellectual Property Right and shall be entitled to operate the Services instead of the Owner.
  • The right of Users to use the Services shall not be construed to confer any license or right with respect to the Intellectual Property Right of the Owner and of the licensors licensing such Intellectual Property Right to the Owner unless otherwise prescribed in the Terms of Use.
  • Unless permission is obtained from the Company, Users may not modify, edit, or adapt any information; or allow any third party to use any information; or disclose any information to any third party; which is provided by the Company.
  • The trademarks, logos and service marks, (hereinafter collectively referred to as “Trademarks”) of the Company or the Owner (hereinafter collectively the “Companies”) which may be displayed within the Services shall not be construed to confer on Users or any third party any license to use such Trademarks, nor shall they be construed to transfer any title thereto.
  • Any and all Intellectual Property Right pertaining to the User Contents shall belong to and remain the property of such Users. Users shall grant the Companies a license to copy, adapt, publicly transmit, create derivative works, public or perform User Contents to the extent necessary for the Services. The Companies shall remain such license even after the User terminates the use of the Services or the Account of such User is deleted.
  • Users shall agree that they will not exercise moral rights of an author against the Companies, or persons who succeed to, or are licensed, rights of the Companies.
  • Collection and Handling of Registration Information
  • Any information pertaining to Users, including Registration Information and User Contents, shall be handled by the Companies in a manner specified by the Company.
  • Users shall agree that the Companies will be able to use Registration Information, User Contents and any other information or data provided by Users to the Company, for the purposes of providing and operating the Services; and for the purposes of improving the Contents of the Services. Furthermore, the Companies shall be able to disclose to the public any such information as statistical data, only to the extent that no individual person or entity is identifiable therefrom.
  • In addition to the provision of the preceding paragraph, Users shall agree that the Companies may provide third parties with any statistical data collected and/or analyzed through the Services for the purposes stated in Paragraph 2 of this Article.
  • Confidentiality
  • Users shall not use any information specified as confidential by the Company (“Confidential Information”) for any purpose other than in connection with their use of the Services, and shall not provide, disclose or divulge Confidential Information to any third party without prior written consent of the Company.
  • Whenever requested by the Company, Users shall return or destroy any and all materials containing Confidential Information, including any relevant reproduced materials, without delay and in a manner specified by the Company.
  • Damages
  • If Users cause damage to the Company by violating any provision hereof or through the Users’ using the Services, such Users shall be held liable for compensating the Company for any such damage, including any attorney and professional fee and any personnel expense incurred by the Company.
  • The Company will not be held liable for any loss or damage incurred by Users in connection with their use of the Services; provided, however, that this shall not apply to any loss or damage related to or arising from the Company’s gross negligence or willful misconduct. In this case, the damages to be compensated by the Company shall be limited to the direct and ordinary damages (excluding loss of profit) actually incurred due to reasons attributable to the Company.
  • Disclaimer and Indemnification

Nothing in the Terms of Use shall be construed as a guarantee by the Company that the Services, Contents and other information which may be acquired by Users are suitable for specific uses by Users; that Contents are legally available for use; that the Services meet Users with regard to function, product value, accuracy, usability and integrity; that the use of the Services is in compliance with applicable regulations and other internal rules enforced by relevant organizations applicable to Users; that the Services are free from any defects or malfunctions; and that the Services are not infringing upon any right of third parties.

  • Termination by Users
  • Users may terminate their use of the Services at any time, by following the procedures specified by the Company, upon which point in time such Users will no longer be able to use the Services.
  • The termination of the Services shall not relieve the Users of any responsibility or obligation hereunder to the Company, other Users or third parties.
  • Effective Period of Use

The Terms of Use shall be effective from the date on which User Registration was completed by the Company according to Article 3 hereof, and until such time separately agreed between the User and the Company, or until the time Accounts of such User are deleted, whichever comes first.

  • Amendments

The Company reserves the right to make amendments or additions to the Terms of Use and other Individual Terms of Use associated with the Services based on the Company’s discretion at any time, upon which the Company shall notify Users of such amendments or additions in accordance with the provisions of Article 19 hereof. Users shall be deemed to have consented to such amendments or additions based upon the Users’ continued use of the Services after notice is given.

  • Communications and Notices
  • Any notice regarding amendments to the Terms of Use and any other communication regarding the Services from the Company to Users shall be made by way of posting such notices and communications on the Services or the Company Website, by emails, push notifications and other means, as deemed appropriate by the Company.
  • Any inquiry regarding the Services and any other communication or notice from Users to the Company shall be made by using the inquiry form on the Services or the Company Website or by way of other means as designated by the Company.
  • Non-Assignment
  • Unless prior written consent is obtained from the Company, Users shall not assign or pledge as security any title or right hereunder or under any agreement to any third party, whether in whole or in part.
  • Users hereby shall agree in advance that in the event the Company transfers its business relating to the Services (including mergers through which the Company is dissolved, absorbed or spun off; or any split-ups of the Company under which the Company becomes the general successor), the Company may transfer its title, rights and obligations also under all relevant agreements in addition to Registration Information and other information pertaining to Users to the transferee.
  • Severability

If any provision of the Terms of Use is found to be invalid or unenforceable under any applicable consumer protection laws or any other laws or regulations, the remainder of the Terms of Use shall continue in full force and effect; the Company and Users shall endeavor to correct or replace any legally invalid or unenforceable provisions to the extent necessary to make those provisions enforceable and bring the same legal and economic effects initially intended or contemplated by the original provisions.

  • Governing Law, Jurisdiction, and Language

The Terms of Use shall be governed by the laws of Thailand, and any dispute arising out of or in connection with the Terms of Use shall be subject to the exclusive jurisdiction of the appropriate court of Thailand located and with jurisdiction over Bangkok as the court of first instance. In the event of any discrepancy or inconsistency among the English and Thai versions of the Terms of Use, the English version shall prevail.

Effective 2018/06/20