• Introduction

    1.1. By using the Service (as defined), You, as an individual driver or vehicle operator (“You” or “Your”) agree that You have read, understood, agreed and accept the terms in this Terms & Conditions for Driver (“Terms & Conditions”) which are applicable to you. These Terms & Conditions and the Teleport Policies (as defined) constitute a legally binding agreement (“Agreement”) between You and Teleport (as defined). The Agreement applies to Your use of the Service (as defined) provided by Teleport. If You do not agree to the Terms & Conditions, please do not use, or continue using the Application (as defined) or the Service.

    1.2. Teleport may amend the terms of the Agreement at any time. Such amendments shall be effective once they are posted on teleportal.asia or the Application. It is Your responsibility to review the Terms & Conditions regularly. Your continued use of the Application or Service after any such amendments, whether or not reviewed by You, shall constitute Your agreement to be bound by such amendments.

    1.3. Teleport is a logistics and technology solutions provider which merely links You with a Merchant (as defined) and a Recipient (as defined). Teleport is not responsible for the acts and/or omissions of any Merchant and Recipient, and any liability in relation to such services shall be borne by You. You shall not represent to be an agent, employee or staff of Teleport and the solutions provided by You shall not be deemed to be provided by Teleport.

  • Definitions

    In these Terms & Conditions, the following words shall have the meanings ascribed below:

    “Application”: means the relevant mobile application(s) made available for download by Teleport (or its licensors) to Delivery Partners respectively;

    “Applicable Law”: means any and all applicable or relevant laws, by-laws, ordinances, regulations, directives, regulatory policies, licenses or requirements of any court, tribunal, governmental or statutory or regulatory or judicial or administrative or supervisory authority or body which are in force from time to time;

    “Delivery Partner” or “You" or “Your”: means you, the independent third party who provides the Solutions to the Merchant through the Service including but not limited to Contract Driver,Full-Time Driver, and 3PL;

    “3PL”: means any third party logistics provider company engaged with Teleport to provide the Solutions, including but not limited to, any of its employees or sub- contractor or driver or independent contractor or any other third party engaged by the aforesaid third party logistics provider company to provide the Solutions for and on behalf of 3PL to the Merchant through the Service ;

    “Merchant”: means any person who submits request to Teleport to obtain the Solutions;

    “Personal Data”: is any information which can be used to identify you or from which you are identifiable. This includes but is not limited to your name, nationality, telephone number, bank details, email address, your image, government-issued identification numbers, biometric data, race, date of birth, marital status, religion, health information, vehicle and insurance information;

    “Privacy Policy”: means our privacy policy accessible at: teleport.asia as may be amended by Teleport from time to time;

    “Recipient”: means a person who receives an item from the Merchant and may in a way can be person who submits request to Teleport to obtain the Solutions to pick up from Merchant itself;

    “Service”: means the linking of the Merchants to Delivery Partners through the Application;

    “Solutions”: means the logistics services which are made available to Merchant through the Service;

    “Teleport”: Teleport Commerce (Thailand) Co.,Ltd., and/or the relevant holding company, subsidiary, affiliate, associated company of Teleport Commerce (Thailand) Co.,Ltd.;

    “Teleport Policies” means the following:

    1. the Privacy Policy;
    2. the Code of Conduct for Delivery Partner; and
    3. all other forms, policies, notices, guidelines, frequently asked questions (FAQs), or agreements provided to or entered into by you from time to time;

    “Territory” means the territory in which You are registered to use the Service, Solutions and/or Application; and

    “Transportation Services” means the provision of transportation services, including transportation of goods and/or passengers, and any associated services in connection therewith, including but not limited to the purchase and collection of any items on behalf of the Recipient or Merchant to be transported by You;

    “Contract Driver” means the driver who is legally employed by Teleport for a fixed- term basis through a written ‘Offer of Employment’ agreement; and

    “Full-Time Driver” mean the driver who is legally employed by Teleport on a full- time basis as agreed through a written ‘Offer of Employment’ agreement.

  • Representations, Warranties and Undertakings

    By using the Service, you represent, warrant / undertake that:

    3.1 Your commitment with Teleport

    1. You have legal capacity to enter into the Agreement and that You are at least eighteen (18) years old. You cannot enter into the Agreement if You are below eighteen (18) years old;
    2. All the information which You provide shall be true and accurate;
    3. You will only use the Application and Service for their intended and lawful purposes and will notify Teleport if You are in breach of any Applicable Law or regulations or Policies;
    4. You will keep Your account password or any identification which allows You access to the Service secure and confidential;
    5. You agree to notify us immediately of any unauthorized use of Your account or any other breach of security;
    6. You will not try to interrupt or harm the Service and/or Application in any way;
    7. You will not attempt to commercially exploit any part of the Application without our permission, including without limitation modify any of the Application’s content in any way, or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose without our permission;
    8. You will not authorise others to use your identity or user status, and You may not assign or otherwise transfer your user account to any other person or entity;
    9. You will provide us with whatever proof of identity or any other documents, permits, licenses or approvals which we may reasonably request or require;
    10. You shall ensure that any documents and information provided by You (or on Your behalf) to Teleport are at all times accurate, current, complete and not misleading;
    11. You undertake that the Vehicle plate no that you provided in the Application shall be as same as the plate no. that you use for providing Transportation Services.
    12. You will not use the Application to cause nuisance or behave in an inappropriate or disrespectful manner towards Teleport or any third party;
    13. When using the Service, you agree to comply with all laws applicable to You and/or Your use of the Service, including those related to traffic, road safety and parking, as determined by Thailand laws;
    14. You agree Teleport shall not be liable for any traffic offences, breach of any Applicable Law by You;
    15. You undertake not to park (or leave unattended or abandon) the motorbike in any area, space or manner that may contravene any Applicable Law and or regulations;
    16. You undertake not to park:
      1. in any private spaces (private property) or any public restricted areas;
      2. on public footways and public roads;
      3. in a manner that obstructs entrances, exits, roads, paths
    17. You acknowledge that it is prohibited from carrying, possessing and/or distributing prohibited items, including illegal drugs and intoxicating materials;
    18. You agree to assist Teleport with any internal or external investigations as may be required by Teleport in complying with any prevailing laws or regulations in place;
    19. You agree to assume full responsibility and liability for all loss or damage suffered by yourself, Teleport or any other party as a result of Your breach of this Agreement;
    20. You shall be solely responsible for any and all claims, judgments and liabilities resulting from any accident, loss or damage including, but not limited to, personal injuries, death, total loss and property damage which is due to or is alleged to be a result of the delivery service provided by You;
    21. You possess a valid driver’s license and any other required licenses and You own, or have the legal right, authority and consent to operate, the vehicle or motorcycle, (“Vehicle”) which You intend to use when accepting a job on the Application, and such Vehicle is in good operating condition and meets the industry safety standards for Vehicles of its kind in order to operate Transportation Services in the Territory as required by Applicable Law;
    22. You do not have a criminal record in the Territory or any other jurisdiction;
    23. If applicable, You will use the appropriate road safety equipment, as required by Applicable Law (e.g. helmet);
    24. You have a valid policy of private vehicle insurance or liability insurance (in industry-standard coverage amounts) for the operation of Your Vehicle and/or business insurance to cover any anticipated losses related to the operation of the Transportation Services in accordance to the requirements of any Applicable Law or policies enforceable within the Territory. Teleport does not control, or advise You on, your insurance arrangements, nor is it obliged to arrange the insurance on Your behalf;
    25. You shall exercise all reasonable care and skill in the efficient and proper performance of the Transportation Services. You shall be solely responsible for providing any necessary equipment, tools, materials, or any other items necessary for the performance of the Transportation Services.

    3.2 Your interaction with Merchant or Recipient

    1. You shall not contact the Merchant or the Recipient for purposes other than in connection with the Service;
    2. You are aware that when responding to the Merchant, standard telecommunication charges may apply which shall be solely borne by you; and
    3. You undertake to be cautious in dealing with the delivery item and to use best endeavour, skill, care and attention to ensure that the item is delivered safely, in the exact manner to which it was handed over to you by the Merchant; and
    4. You agree that in the event of failed delivery (wherein either the address provided by the Recipient is incorrect or the Recipient is unable and/or refuse and/or uncontactable to accept the delivery item), you may leave the item at the premises of the Recipient, provided that you have used your best endeavour to contact the Recipient and subject to confirmation from a representative of Teleport.

    3.3 Your interactions with third parties

    You may have an opportunity to enter into arrangements with a third party via the Services. Any such arrangements will be solely between you and the applicable third party, and Teleport has no responsibility or liability in relation to such arrangements. Teleport does not endorse any third party providers, applications or websites that are available through the Services, and in no event shall Teleport, its licensors or any of its Affiliates be responsible for any content, products, services or other materials on or available from such third party providers, applications or websites.

  • Compatibility

    Different models or versions of routers, browsers and devices may have firmware or hardware or settings that are not compatible with the Application. While we continuously develop the Application in order to, as far as possible, support all commonly used devices and models in markets and all browsers where the Application is likely to be accessed from, we do not warrant compatibility of the Application with specific mobile devices or other hardware.

  • License Grant and Restrictions

    5.1. Teleport and its licensors, where applicable, grant you a revocable, non-exclusive, non-transferable, limited license to use and access the Application to use the Service, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Teleport and its licensors.

    5.2. You shall not:

    1. license, sublicense, sell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application in any way;
    2. modify or make derivative works based on the Application;
    3. “mirror” the Application on any other server or wireless or internet-based device;
    4. except to the extent such restriction is prohibited under Applicable Law, disassemble, decompile, reverse engineer, decrypt or attempt to derive and code or extract software from, this Application or any software or services made available on or through the Application;
    5. use any manual or automated program or script, including but not limited to web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second,
      1. to unduly burden or hinder the operation and/or performance of the Application;
      2. to conduct data mining or scraping activities, or
      3. in any way reproduce or circumvent the navigational structure or presentation of the Application or its content;
    6. post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights
    7. remove any copyright, trademark or other proprietary rights notices contained on the Application; or
    8. use the Application to:
      1. send spam or otherwise duplicative or unsolicited messages;
      2. send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights;
      3. send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs;
      4. interfere with or disrupt the integrity or performance of the Application or the data contained therein;
      5. attempt to gain unauthorized access to the Application or its related software, systems or networks;
      6. impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or
      7. engage in any conduct that could possibly damage our reputation or amount to being disreputable.

  • Payments

    6.1 Unless You are considered to be a Contract Driver or Full-Time Driver or 3PL, Your earnings will be displayed in the Application where possible. In the event that Teleport assigned you to perform certain delivery jobs which are not displayed in the Application, Teleport will communicate such instructions to you in writing and your earning for such jobs may not be displayed in the application. Teleport shall be entitled to adjust the rates of delivery at Teleport’s sole discretion. Teleport shall administer payments to you and from you by way of wire transfer to your bank account that you provided to Teleport via the Application.

    6.2. Your earning shall be exclusive of VAT (Value-Added-Tax) or any other applicable tax.

    6.3 Teleport retains the right to suspend the processing of any job available on the Application where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where you have breached any of the terms and conditions in this Agreement. In such an event, you shall not hold Teleport liable for any withholding of, delay in, suspension, forfeiture or cancellation of, any payment(s) to you.

  • Cancellation

    7.1 The Merchant and the Recipient rely on you for delivery of the item pursuant to each job you have accepted. You agree that abandoning or transferring a job that you have accepted will impair the experience of the Merchant and Recipient and negatively impact the reputation and branding of Teleport.

    7.2 If you are unable to perform the delivery for the job that you have accepted, please inform Teleport to arrange for cancellation. A cancellation that is not based on one of the acceptable reasons or a deliberate act of ignoring an accepted job may be counted in determining if your access to the Service will be temporarily restricted.

  • Complaints

    Any complaints between You and the Merchant or the Recipient must be escalated to Teleport directly. Teleport’s complaints handling process, or any complaints that you may have about any Merchant. You agree to cooperate fully with such process. Teleport ’s complaints handling process shall not exclude any rights or remedies that cannot be excluded or limited under Applicable Law.

  • Your Mobile Device

    9.1 Your access to the Application will be through a mobile device. It is Your responsibility to check and ensure that you download the correct software (including the latest version of the Application) for your mobile device. Teleport is not liable if You do not have a compatible device or if You do not have the latest version of the software (including the latest version of the Application) for Your mobile device.

    9.2 You are solely responsible for the procurement and use of the mobile device including but not limited to the purchase of the mobile device itself.

    9.3 You are solely responsible for having in place an appropriate internet and mobile plan and for any fees charged by Your telecommunications service provider, such as telephone, SMS and internet data fees. You acknowledge that Your use of the Services may consume large amounts of data and that You will be solely responsible for such usage and the associated fees.

    9.4 If a mobile device is lost, stolen, broken and/or no longer in Your possession, and this exposes Your account information to someone else or otherwise affects Teleport’s legal rights and/or remedies, You must immediately notify Teleport and follow the procedures notified by Teleport.

    9.5 You may only access your account through the mobile device which uses the telephone number provided to Teleport during the Account registration. You must not lend, lease or transfer the mobile device to any other person for the purpose of accessing Your account without Teleport’s prior written consent.

  • Your relationship with Teleport

    10.1 Unless You are a Contract Driver or a Full-Time Driver , Your relationship with Teleport is that of an independent contractor. You expressly agree that: (a) this Agreement is not an employment agreement, nor does it create an employment relationship (including from a labour law, tax law or social security law perspective), between Teleport and You, nor result in You being engaged by Teleport as a worker or a deemed worker; and (b) no joint venture, partnership, or agency relationship exists between Teleport and You. You have no authority to bind Teleport and You undertake not to hold yourself out as an employee, agent, worker or representative of Teleport.

    10.2 Unless You are a Contract Driver or a Full-Time Driver or 3PL,You acknowledge that Teleport does not, and does not seek to, exercise any general rights of control over You and Your activities. You retain the absolute discretion to accept, decline or cancel any request for Transportation Services via the Application and to determine how long You wish to use the Services for. If You no longer wish to use the Services, You can choose to cease doing so at any time. You have complete discretion as to whether to use the Services. You are also free in Your absolute discretion to engage in any occupation or business of your choosing.

    10.3 If, notwithstanding clauses 10.1 and 10.2, You are found to be an employee, agent, worker or representative of Teleport or any Teleport Group Company by mandatory provision of Applicable Law, you agree that any payments made to You will be taken to be inclusive of: if applicable (a) superannuation contributions; (b) social security and insurance contributions and premiums, employee insurance contributions and premiums, compulsory government saving fund contributions and equivalent contributions; and (c) amounts equivalent to all taxes (including but not limited to income taxes) payable by You in respect of those payments; and (d) equivalent or analogous payments or liabilities in any jurisdiction, in each case that Teleport may be required to pay by such mandatory provision of Applicable Law.

    10.4 In furtherance to Clause 10.3, if You are deemed to be an employee, agent, worker or representative of Teleport, You will be receiving your compensation and benefits based on what You have agreed in writing through the ‘Offer of Employment’ agreement with Teleport and/or any other written terms and conditions for Contract Driver or Full-Time Driver to be with Teleport. In the event there is any inconsistency between the provisions of this Terms and Conditions and Offer of Employment and/or any other written terms and conditions for Contract Driver or Full-Time Driver , the provisions stated in Offer of Employment and/or other written terms and conditions for Contract Driver or Full- Time Driver shall prevail to the extent of such inconsistency.

    10.5 In the event that You are 3PL, You are deemed to receive Your earning or Service Fee or any other fee in accordance with what You have agreed in writing through the “Logistic Service Provider Agreement” executed and/or any other written terms and conditions with Teleport (“LSPA Terms”). In the event there is any inconsistency between the provisions of these Terms and Conditions and the LSPA Terms, the provisions of the LSPA Terms shall prevail to the extent of such inconsistency.

  • Intellectual Property Ownership

    Teleport and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Application and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. The Terms and Conditions do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, the Application, or any intellectual property rights owned by Teleport and/or its licensors. Teleport’s name, Teleport’s logo, the Service, the Application and the third party transportation providers’ logos and the product names associated with the Application are trademarks of Teleport or third parties, and no right or license is granted to use them. For the avoidance of doubt, the term the Application herein shall include its respective components, processes and design in its entirety.

  • Taxes

    12.1. You agree that this Agreement is subject to all prevailing statutory taxes, duties, VAT (Value-Added-Tax), fees, charges and/or costs, however denominated, as may be applicable from time to time. You shall comply with all Applicable Law and take all steps required to enable, assist and/or defend Teleport to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service.

    12.2. You are accountable for paying any tax and statutory contributions due in respect of sums payable to You under or in connection with this Agreement.

  • Confidentiality

    13.1. You shall maintain in confidence all information and data relating to Teleport, its services, products, business affairs, marketing and promotion plans or other operations which are disclosed to You by or on behalf of Teleport (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from Teleport, or created in the course of this Agreement. You shall further ensure that you only use such confidential information in order to use the Service and providing Transportation Services, and shall not without Teleport’s prior written consent, disclose such information to any third party nor use it for any other purpose.

    13.2. The above obligations of confidentiality shall not apply to the extent that You can show that the relevant information:

    1. was at the time of receipt already in your possession;
    2. is, or becomes in the future, public knowledge through no fault or omission on your part;
    3. was received from a third party having the right to disclose it; or
    4. is required to be disclosed by law.

    13.3 In the event that Teleport found that You are in breach of this Clause, Teleport shall cease Your account permanently.

  • Data Privacy and Personal Data Protection Policy

    14.1. Teleport collects and processes Your Personal Data in accordance with its Privacy Policy. The Privacy Policy applies to all of Teleport’s Services and its terms are made a part of this Agreement by this reference.

    14.2. Where applicable, You agree and consent to Teleport collecting, using, processing and disclosing Personal Data as further described in our Privacy Policy.

    14.3. You acknowledge that Teleport may disclose Personal Data of other individuals to you in the course of Your use of Teleport’s Services. You represent and warrant that You will only use such Personal Data for the purpose for which it was disclosed to You by Teleport, and not for any other unauthorised purposes.

  • Indemnification

    By agreeing to the Terms and Conditions upon using the Service, You agree that You shall indemnify and hold Teleport, its licensors and each such party’s affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with:

    1. Your use of the Service and/or the Application in Your dealings with the Merchant and the Recipient;
    2. Your violation or breach of any of the Terms and Conditions or any Applicable Law or regulation, whether or not referenced herein;
    3. Your violation of any rights of any third party, including those of the Merchant and the Recipient;
    4. Your use or misuse of the Service and/or the Application; or
    5. where applicable Your ownership, use or operation of any Vehicle, including Your provision of Solutions to the Merchant via the Service where applicable.

  • Disclaimer of Warranties

    16.1 The Application, its content and any related service(s) is provided to You on an “as is” basis. Teleport makes no representations or warranties of any kind, express or implied, in connection with the Application, Service, these Terms and Conditions, the content or any related service(s). Although Teleport makes reasonable efforts to keep the Application up-to-date, Teleport makes no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. Teleport shall not be liable for any direct, indirect or consequent loss arising from the modifications or amendments to the Application, Service, or Terms and Conditions.

    16.2 Teleport makes no representation, warranty or guarantee regarding the timeliness, reliability, quality, suitability or availability of the Service or Application or that the Service or Application will be error-free or uninterrupted. Teleport further does not guarantee that Your usage of the Service or Application will generate or guarantee any minimum number of request for Transportation Services nor any sort of minimum guaranteed income to you unless You are considered as Contract Driver or Full-Time Driver.

  • Internet Delays

    The Service and/or the Application may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by You being faulty, not connected, out of range, switched off or not functioning. Teleport is not responsible for any delays, delivery failures, damages or losses resulting from such problems.

  • Limitation of Liability

    18.1. Unless otherwise stated, and to the fullest extent allowed by law, any claims against Teleport by You shall be limited to the aggregate amount of all amounts actually due to You from Teleport. To the fullest extent permitted by any Applicable Law in the Territory, Teleport and/or its licensors shall not be liable for any loss, damage or injury which may be incurred by or caused to You, including but not limited to:

    1. any indirect, incidental, special, punitive, exemplary, or consequential damages (including loss of use, profits, data, business, goodwill contracts or opportunity) to You;
    2. loss, damage or injury arising out of, or in any way connected with the Service and/or the Application;
    3. the use or inability to use the Service and/or the Application;
    4. any reliance placed by you on the completeness, accuracy or existence of any advertising; or
    5. as a result of any relationship or transaction between You and the Merchant and/or the Recipient which is referred to by the Service and/or the Application, even if Teleport and/or its licensors have been previously advised of the possibility of such damages.

    18.2. Teleport does not warrant and represent that it assesses or monitors the suitability, legality, ability or location of any Merchants or Recipients, and you expressly waive and release Teleport from any and all liability, claims or damages arising from, or in any way related to the Merchants or the Recipients.

    18.3. Teleport will not be a party to disputes, or negotiations of disputes between You and the Merchant or the Recipient. You expressly waive and release Teleport from any and all liability, claims, causes of action, or damages arising from Your use of the Service and/or the Application, or in any way related to the third parties including the Merchant or the Recipient introduced to You by the Service and/or the Application.

    18.4. You understand that by using the service, You may be exposed to transportation that is potentially dangerous, unsafe or otherwise objectionable, and that You use the service at Your own risk.

    18.5 You shall indemnify and hold Teleport harmless from any claims, costs, damages, losses, liabilities and expenses (including attorney’s fees and expenses) arising out of or in connection with; Your breach of any terms of this Agreement, any Applicable Law in force in the Territory, Your use of the Service, Your provision of Transportation Service, any tax or duties or levies or claims or penalties imposed on You arising from Your usage of the Service, and/or any other claims by any person or regulatory or government authority in any jurisdiction from your acts, omission or negligence.

  • Notice

    Teleport may give notice through the Application, electronic mail to your email address in the records of Teleport, or by written communication sent by registered mail or pre-paid post to your address in the record of Teleport. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to Teleport (such notice shall be deemed given when received by Teleport) by letter sent by courier or registered mail or electronic mail to Teleport using the contact details as below;

    Attn: Head Delivery Operation
    Address: 628, 6th Floor, Triple – Building, Klap Chom Alley, Chong Nonsi, Yan Nawa, Bangkok 10120
    E-Mail: teleportdeliverybkk@airasia.com, cc: teleportlegal@airasia.com

  • Assignment

    These Terms and Conditions as modified from time to time may not be assigned by You without the prior written approval of Teleport but may be assigned without Your consent by Teleport to any of its affiliate or subsidiary or holding or associated companies. Any purported assignment by You in violation of this clause shall be void.

  • Dispute Resolution

    21.1. These Terms and Conditions shall be governed by Thai law, without regard to the choice or conflicts of law provisions of any jurisdiction.

    21.2 Any disputes, actions, claims or causes of action arising out of or in connection with these Terms and Conditions or the Service shall be referred to the Thai Arbitration Institute (“TAI”), in accordance with the Rules of the TAI as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of the parties (the “Arbitrator”).

    21.3 If the parties are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of TAI in accordance with the Rules.

    21.4 The seat and venue of the arbitration shall be Bangkok, in the Thai language and the fees of the Arbitrator shall be borne equally by the parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under Applicable Law.

  • Relationship

    Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.

  • Severability

    If any provision of these Terms and Conditions is held to be invalid or unenforceable, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.

  • No Waiver

    Teleport’s failure to enforce any right or provision in these Terms and Conditions shall not constitute a waiver of such right or provision.

  • Suspension and Termination

    You acknowledge that Teleport may do any of the following, at any time, without notice:

    1. to modify, suspend or terminate operation of or access to the Application, or any portion of the Application (including access to Your Account and/or the availability of any products or services), for any reason;
    2. to modify or change any applicable policies or terms; and
    3. to interrupt the operation of the Application or any portion of the Application (including access to Your Account and/or the availability of any products or services), as necessary to perform routine or non-routine maintenance, error correction, or other changes. Teleport shall not be required to compensate You for any suspension or termination.

    You may cease to use the Service at any time in Your sole discretion by cancelling Your Account and permanently deleting the Application from Your mobile device which then disables Your use of the Application. This Agreement shall be automatically terminated when Your Account is closed. Any clause which by its nature is intended to survive the termination of this Agreement, shall survive to have effect after the termination of this Agreement.

  • Penalty Framework

    Teleport maintains a zero-tolerance policy towards violations of the Code of Conduct for Deliver Partner. In addition to Clause 25, the following Penalty Framework provides details of infringements of the Code of Conduct for Delivery Partner that may result in suspension or termination of user access to the Application. Please click here for a full description of the penalty framework.

  • Entire Agreement

    This Agreement comprises the entire agreement between the parties and supersedes any prior or contemporaneous negotiations or discussions. The parties also agree to exclude all implied terms and does not rely on any statement representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in this Agreement. A person that is not a party to this Agreement has no right to enforce any terms and conditions under this Agreement.