Terms and Conditions
Welcome to Element (the "App" or "Element"). Element is a digital platform that provides access to on-demand mobility services for users in Thailand. Element offers these services through communication tools or electronic devices, enabling users to access mobility services along with all associated features, content, news, promotions, privileges, loyalty programs, and software applications. The platform also facilitates users in relation to electric vehicles (EV) and other related services (the "Services").
The terms and conditions for the use of the Element application ("Terms of Use") govern the relationship between Element Energy (Thailand) Company Limited ("Company," "we," or "us") and the user of the Element application ("you") with respect to the Services and the App. These Terms of Use apply to the Company’s provision of the Services and App to you and outline your rights and obligations, including any limitations and exceptions, as well as your duties in accordance with applicable laws and regulations.
By downloading or using the App, these Terms of Use will automatically apply to you. You should ensure that you read them carefully before using the App. If you do not agree to these Terms of Use, please do not use or continue using the App. If there are additional terms and conditions, guidelines, and/or policies published in relation to our Services, you agree to review and comply with those terms, guidelines, and/or policies, along with these Terms of Use, when using the Services.
1. General Terms
1.1 The App is currently available for you on Android and iOS, where you can access and use the App via your mobile device. The Company may update the App and change the requirements for both Android and iOS, as well as for any additional systems to which the Company decides to extend the App's availability, from time to time. You will need to download updates if you want to continue using the App. The Company does not warrant that the App will always be updated to remain relevant to you or to work with the Android and iOS versions you have installed on your device. It is your responsibility to ensure that the device you are using is compatible with the App. However, you will always accept updates to the App when offered.
1.2 When using the App, you are responsible for any charges incurred while using the App. If you are not the bill payer for the device on which you are using the App, the Company assumes that you have received permission from the bill payer to use the App.
1.3 The Company is not responsible for the App if it is not functioning at full capacity when you do not have access to Wi-Fi and have exhausted your data allowance. As a result, you may be charged by your mobile provider for the cost of data during the connection while accessing the App or incur other third-party charges.
1.4 The Company reserves the right to make changes to the App or charge for its Services at any time and for any reason. The Company will always provide clear information about any charges and what they are for before you are billed.
1.5 The Company may decide to stop providing the App and may terminate its use at any time. The Company will use reasonable efforts to notify you of such termination through the App or other channels as determined by the Company.
2. Element Account
2.1 By registering for an Element account with the Company, you agree to use our Services, including but not limited to the EV subscription service.
2.2 Your Element account is for your personal use only. You are responsible for maintaining the confidentiality of your account ID, password, and any other relevant information. You agree to notify us immediately if you become aware of any unauthorized use of your account. Regardless of unauthorized use, you will be held accountable for all actions and information provided through your Element account.
2.3 You agree not to allow others to use your Element account in a way that is unlawful, misleading, false, fraudulent, defamatory, trade-libelous, or otherwise inappropriate.
2.4 You confirm that all information provided during the registration of your Element account and the use of the App is accurate, true, and complete. You agree to promptly update the Company if any of this information changes.
2.5 You may log in to Element using your social media account to access our Services. You can remove your linked social account at any time by contacting Element's customer support.
2.6 The Company reserves the right to modify, restrict, or terminate your access to the App or your Element account at any time if we believe you have violated, or may violate, these Terms of Use or any applicable laws or regulations.
3. Representations and Warranties
3.1 By using the App, you represent and warrant the following:
3.1.1 You are at least 18 (eighteen) years old, or you have the legal capacity to enter into a binding agreement;
3.1.2 You will only use the App and its Services for lawful and intended purposes, as outlined by the Company;
3.1.3 You agree to use the App in good faith and comply with all applicable laws, as well as these Terms of Use;
3.1.4 You will provide any required proof of identity, documentation, permits, licenses, or approvals that the Company may reasonably request;
3.1.5 You will not upload, display, or transmit any content that is false, unlawful, or prohibited by applicable laws, regulations, or government orders, nor will you engage in actions that could harm the Company or others;
3.1.6 You will not attempt to disrupt, damage, or interfere with the operation of the App or its Services in any way;
3.1.7 You will not attempt to commercially exploit any part of the App without prior permission from the Company, including, but not limited to, modifying, copying, reproducing, decompiling, publicly displaying, distributing, or otherwise using any content for commercial purposes;
3.1.8 You will not attempt to reverse engineer, decompile, or extract the source code of the App;
3.1.9 You will keep your mobile device and access to the App secure, and protect your login credentials from unauthorized use;
3.1.10 You will not expose your mobile device to malware, viruses, or malicious software that could compromise the functionality or security of the App.
4. Intellectual Property
4.1 Ownership of Intellectual Property
All legal rights, titles, interests, and any intellectual property rights associated with the App, the Services, and their content (including but not limited to trademarks, trade names, copyrights, goodwill, designs, patents, logos, symbols, slogans, know-how, trade secrets, software, technology, programs, and other proprietary information) are and will remain the exclusive property of the Company or its licensors. Nothing in these Terms of Use grants you any right, title, or interest in or to any of the Company’s intellectual property, except as explicitly permitted for the limited use of the App as provided under these Terms of Use.
You agree not to:
Copy, reproduce, or reverse-engineer the App, its source code, or any part of its underlying technology, except as expressly permitted by applicable law.
Distribute, modify, or create derivative works of any content, materials, or features available within the App, unless you have received explicit written consent from the Company.
Use the Company’s trademarks, trade names, logos, or other distinctive brand features in any manner that may confuse or mislead users or suggest an affiliation with or endorsement by the Company without prior written consent.
4.2 Restrictions on Use
You acknowledge and agree that your use of the App and Services is limited to personal, non-commercial purposes, and you are prohibited from using the App or its content for any unlawful purpose or in a manner that infringes upon the intellectual property rights of the Company or any third party.
5. Personal Data Protection
5.1 Collection and Use of Personal Data
We respect your privacy and are committed to protecting your personal data. We collect and use personal information in accordance with our Privacy Policy, which provides more details about how we collect, store, and protect your data.
5.2 User Rights
You have rights regarding your personal data, including the right to access, correct, or delete your information. For more information on how to exercise these rights, please refer to our Privacy Policy.
5.3 Data Sharing
We may share your data with trusted partners or service providers only as described in our Privacy Policy.
5.4 Security
We take reasonable measures to protect your personal data, but no online service is completely secure. Please refer to our Privacy Policy for more information on how we safeguard your information.
6. Third-Party Interactions
6.1 Links to Third-Party Platforms
The App may contain links to third-party platforms or content that are not owned or controlled by the Company. These third-party platforms are provided for your convenience, but the Company has no control over them and assumes no responsibility or liability for any errors, omissions, delays, defamatory content, inaccuracies, or any other objectionable material contained in or through these linked platforms. Your use of or access to any third-party content is at your own risk. The Company encourages you to review the terms and privacy policies of any third-party sites you visit.
6.2 Third-Party Services
The App may also integrate with services provided by third-party service providers. By using the App, you acknowledge and agree to the terms and conditions of the following third-party providers:
7. Cessation of Account
If you wish to cancel your Element account, you can do so at any time by opting out through the App. The Company reserves the right to suspend or terminate your access to the App and your Element account if any information you provide is inaccurate, in violation of applicable laws or regulations, or breaches these Terms of Use. The Company may take any action deemed appropriate, in its sole discretion, without prior notice.
8. Limitation of Liability
8.1 General Limitation
To the fullest extent permitted by applicable law, neither the Company nor its officers, employees, directors, agents, contractors, or affiliates shall be liable for any losses, damages, or claims (whether direct, indirect, incidental, special, or consequential) arising from your use of the App or Services, regardless of the cause.
8.2 No Warranty
The App and Services are provided "as is," without any warranty or condition, express or implied. Specifically, we do not guarantee that the App or Services will be uninterrupted or error-free. You waive any right to claim special, indirect, or consequential damages against us. This does not affect your statutory rights or any non-waivable protections under the mandatory laws of your jurisdiction.
8.3 Third-Party Services
The Company is not responsible for any damages you may suffer due to the acts, omissions, or negligence of any third parties that provide services via the App (e.g., third-party charging or maintenance services).
8.4 External Links
The App may contain links to external websites for your convenience. The Company is not responsible for the content, activities, or transactions on these external sites. We do not endorse any third-party website or its contents.
9. Changes to These Terms of Use
The Company reserves the right to update or amend these Terms of Use, as well as any associated rules, policies, or benefits, at any time. You are encouraged to review this page periodically for any updates. The Company will notify you of any material changes by posting the revised Terms of Use here. By continuing to use the App and Services, you agree to the updated Terms of Use. If you do not agree to any changes, please stop using the Services and remove the App from your device.
These Terms of Use are effective as of 1 Jan 2025.
10. Contact Us
If you have any questions or concerns about these Terms of Use, please contact us at:
service@elementenergy.io
The terms and conditions for the use of the Element application ("Terms of Use") govern the relationship between Element Energy (Thailand) Company Limited ("Company," "we," or "us") and the user of the Element application ("you") with respect to the Services and the App. These Terms of Use apply to the Company’s provision of the Services and App to you and outline your rights and obligations, including any limitations and exceptions, as well as your duties in accordance with applicable laws and regulations.
By downloading or using the App, these Terms of Use will automatically apply to you. You should ensure that you read them carefully before using the App. If you do not agree to these Terms of Use, please do not use or continue using the App. If there are additional terms and conditions, guidelines, and/or policies published in relation to our Services, you agree to review and comply with those terms, guidelines, and/or policies, along with these Terms of Use, when using the Services.
1. General Terms
1.1 The App is currently available for you on Android and iOS, where you can access and use the App via your mobile device. The Company may update the App and change the requirements for both Android and iOS, as well as for any additional systems to which the Company decides to extend the App's availability, from time to time. You will need to download updates if you want to continue using the App. The Company does not warrant that the App will always be updated to remain relevant to you or to work with the Android and iOS versions you have installed on your device. It is your responsibility to ensure that the device you are using is compatible with the App. However, you will always accept updates to the App when offered.
1.2 When using the App, you are responsible for any charges incurred while using the App. If you are not the bill payer for the device on which you are using the App, the Company assumes that you have received permission from the bill payer to use the App.
1.3 The Company is not responsible for the App if it is not functioning at full capacity when you do not have access to Wi-Fi and have exhausted your data allowance. As a result, you may be charged by your mobile provider for the cost of data during the connection while accessing the App or incur other third-party charges.
1.4 The Company reserves the right to make changes to the App or charge for its Services at any time and for any reason. The Company will always provide clear information about any charges and what they are for before you are billed.
1.5 The Company may decide to stop providing the App and may terminate its use at any time. The Company will use reasonable efforts to notify you of such termination through the App or other channels as determined by the Company.
2. Element Account
2.1 By registering for an Element account with the Company, you agree to use our Services, including but not limited to the EV subscription service.
2.2 Your Element account is for your personal use only. You are responsible for maintaining the confidentiality of your account ID, password, and any other relevant information. You agree to notify us immediately if you become aware of any unauthorized use of your account. Regardless of unauthorized use, you will be held accountable for all actions and information provided through your Element account.
2.3 You agree not to allow others to use your Element account in a way that is unlawful, misleading, false, fraudulent, defamatory, trade-libelous, or otherwise inappropriate.
2.4 You confirm that all information provided during the registration of your Element account and the use of the App is accurate, true, and complete. You agree to promptly update the Company if any of this information changes.
2.5 You may log in to Element using your social media account to access our Services. You can remove your linked social account at any time by contacting Element's customer support.
2.6 The Company reserves the right to modify, restrict, or terminate your access to the App or your Element account at any time if we believe you have violated, or may violate, these Terms of Use or any applicable laws or regulations.
3. Representations and Warranties
3.1 By using the App, you represent and warrant the following:
3.1.1 You are at least 18 (eighteen) years old, or you have the legal capacity to enter into a binding agreement;
3.1.2 You will only use the App and its Services for lawful and intended purposes, as outlined by the Company;
3.1.3 You agree to use the App in good faith and comply with all applicable laws, as well as these Terms of Use;
3.1.4 You will provide any required proof of identity, documentation, permits, licenses, or approvals that the Company may reasonably request;
3.1.5 You will not upload, display, or transmit any content that is false, unlawful, or prohibited by applicable laws, regulations, or government orders, nor will you engage in actions that could harm the Company or others;
3.1.6 You will not attempt to disrupt, damage, or interfere with the operation of the App or its Services in any way;
3.1.7 You will not attempt to commercially exploit any part of the App without prior permission from the Company, including, but not limited to, modifying, copying, reproducing, decompiling, publicly displaying, distributing, or otherwise using any content for commercial purposes;
3.1.8 You will not attempt to reverse engineer, decompile, or extract the source code of the App;
3.1.9 You will keep your mobile device and access to the App secure, and protect your login credentials from unauthorized use;
3.1.10 You will not expose your mobile device to malware, viruses, or malicious software that could compromise the functionality or security of the App.
4. Intellectual Property
4.1 Ownership of Intellectual Property
All legal rights, titles, interests, and any intellectual property rights associated with the App, the Services, and their content (including but not limited to trademarks, trade names, copyrights, goodwill, designs, patents, logos, symbols, slogans, know-how, trade secrets, software, technology, programs, and other proprietary information) are and will remain the exclusive property of the Company or its licensors. Nothing in these Terms of Use grants you any right, title, or interest in or to any of the Company’s intellectual property, except as explicitly permitted for the limited use of the App as provided under these Terms of Use.
You agree not to:
Copy, reproduce, or reverse-engineer the App, its source code, or any part of its underlying technology, except as expressly permitted by applicable law.
Distribute, modify, or create derivative works of any content, materials, or features available within the App, unless you have received explicit written consent from the Company.
Use the Company’s trademarks, trade names, logos, or other distinctive brand features in any manner that may confuse or mislead users or suggest an affiliation with or endorsement by the Company without prior written consent.
4.2 Restrictions on Use
You acknowledge and agree that your use of the App and Services is limited to personal, non-commercial purposes, and you are prohibited from using the App or its content for any unlawful purpose or in a manner that infringes upon the intellectual property rights of the Company or any third party.
5. Personal Data Protection
5.1 Collection and Use of Personal Data
We respect your privacy and are committed to protecting your personal data. We collect and use personal information in accordance with our Privacy Policy, which provides more details about how we collect, store, and protect your data.
5.2 User Rights
You have rights regarding your personal data, including the right to access, correct, or delete your information. For more information on how to exercise these rights, please refer to our Privacy Policy.
5.3 Data Sharing
We may share your data with trusted partners or service providers only as described in our Privacy Policy.
5.4 Security
We take reasonable measures to protect your personal data, but no online service is completely secure. Please refer to our Privacy Policy for more information on how we safeguard your information.
6. Third-Party Interactions
6.1 Links to Third-Party Platforms
The App may contain links to third-party platforms or content that are not owned or controlled by the Company. These third-party platforms are provided for your convenience, but the Company has no control over them and assumes no responsibility or liability for any errors, omissions, delays, defamatory content, inaccuracies, or any other objectionable material contained in or through these linked platforms. Your use of or access to any third-party content is at your own risk. The Company encourages you to review the terms and privacy policies of any third-party sites you visit.
6.2 Third-Party Services
The App may also integrate with services provided by third-party service providers. By using the App, you acknowledge and agree to the terms and conditions of the following third-party providers:
- Element Payment Solution
- Google Play Services
- Google Analytics
- Apple Store Service
7. Cessation of Account
If you wish to cancel your Element account, you can do so at any time by opting out through the App. The Company reserves the right to suspend or terminate your access to the App and your Element account if any information you provide is inaccurate, in violation of applicable laws or regulations, or breaches these Terms of Use. The Company may take any action deemed appropriate, in its sole discretion, without prior notice.
8. Limitation of Liability
8.1 General Limitation
To the fullest extent permitted by applicable law, neither the Company nor its officers, employees, directors, agents, contractors, or affiliates shall be liable for any losses, damages, or claims (whether direct, indirect, incidental, special, or consequential) arising from your use of the App or Services, regardless of the cause.
8.2 No Warranty
The App and Services are provided "as is," without any warranty or condition, express or implied. Specifically, we do not guarantee that the App or Services will be uninterrupted or error-free. You waive any right to claim special, indirect, or consequential damages against us. This does not affect your statutory rights or any non-waivable protections under the mandatory laws of your jurisdiction.
8.3 Third-Party Services
The Company is not responsible for any damages you may suffer due to the acts, omissions, or negligence of any third parties that provide services via the App (e.g., third-party charging or maintenance services).
8.4 External Links
The App may contain links to external websites for your convenience. The Company is not responsible for the content, activities, or transactions on these external sites. We do not endorse any third-party website or its contents.
9. Changes to These Terms of Use
The Company reserves the right to update or amend these Terms of Use, as well as any associated rules, policies, or benefits, at any time. You are encouraged to review this page periodically for any updates. The Company will notify you of any material changes by posting the revised Terms of Use here. By continuing to use the App and Services, you agree to the updated Terms of Use. If you do not agree to any changes, please stop using the Services and remove the App from your device.
These Terms of Use are effective as of 1 Jan 2025.
10. Contact Us
If you have any questions or concerns about these Terms of Use, please contact us at:
service@elementenergy.io
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