Thank you for your interest in using the HONG Driver application ("Application"). By registering to use the service as a HONG Driver, you acknowledge that you have read, understood, and accepted the Terms of Service for HONG Driver ("Terms of Service"), which govern the use of this application in Thailand. Please carefully review these Terms of Service, as they affect your rights and obligations. If you do not accept these Terms of Service, please discontinue the use of this application immediately.

1. Definitions

Unless specifically defined otherwise in these Terms of Service, the following terms shall have the meanings as defined below:

“Company” Refers to Hong Move Co., Ltd., the developer, owner, and provider of the HONG Driver application for drivers and the HONG MOVE application for passengers. The Company is not directly involved in providing transportation or messenger services. Additionally, the Company does not operate as a transportation or messenger service provider, nor does it own, control, or employ vehicles or individuals acting as drivers or messengers.

"Delivery Person" or "You" Refers to an individual who uses the HONG Driver application to provide delivery services or acts as a driver (driver) by logging into the system and using the application to deliver services to a location designated by the passenger, in accordance with these Terms of Service. The delivery person or driver is categorized into two types as follows:

1. Company Employee" Refers to an individual who is an employee of Hong Move Co., Ltd. and provides services on behalf of the company.
2. Individual Partner" refers to an individual who is not an employee of Hong Move Co., Ltd. but provides services as a partner of the company.

"Passenger" Refers to an individual who uses the HONG MOVE application to place a service request.

"Delivery Account" Refers to the online account created by the company for each delivery person in the application upon registration.

"Chat Function" Refers to the communication service within the HONG Driver and HONG MOVE applications that allows drivers and passengers to exchange messages and images in real-time.

"HONG Driver" Refers to Hong Move Co., Ltd. as the section of the application designed for delivery persons.
"HONG Driver Application" Refers to the application developed, owned, and operated by the Company,

which users can utilize to access passenger transport services.

"HONG MOVE Application" Refers to the application or website developed, owned, and operated by the Company, through which users can submit service requests to service providers."

"Service" Refers to the transportation of passengers provided through the HONG Driver application or other services that may be added in the future, performed based on requests from passengers submitted through the HONG MOVE application.

"Service Fee" Refers to the fee for the service at the rate set by the company through the application for each service provided. The delivery person will receive payment for the service fee after the completion of the service, in accordance with the format, process, an d method determined by the company.

2. Agreements

2.1 The delivery person confirms that they have reached the legal age, possess a valid driver's license, and hold any other licenses required by law. Furthermore, the vehicle used must have valid and up-to-date insurance (compulsory insurance) to cover losses and damages from accidents in accordance with the law, and the registration for service must comply with legal requirements.

2.2 The delivery person understands and agrees that the role of the application is to serve as a platform set by the company, presenting tasks to the delivery person and/or connecting the delivery person with passenger requests for services based on their current location. The delivery person will provide services according to the tasks presented by the HONG Driver application.

2.3 If the delivery person does not accept the task presented by the HONG Driver application as mentioned above, the delivery person has the right to cancel the task in accordance with the cancellation policy.

2.4 In using the application, the delivery person represents and warrants that:
2.4.1 The Shipper shall use the Application only for lawful purposes.

2.4.2 The Shipper shall use the Application only for the purposes for which it is intended to be used.
2.4.3 The delivery person will not use the application and/or provide services for fraudulent purposes.

2.4.4 The delivery person will maintain the confidentiality of all information related to the application, the personal data of passengers, and other related information at all times. The delivery person will not use, disclose, modify, or transfer this information to any third party (or allow any third party to do so) under any circumstances.

2.4.5 The delivery person will not use the application for any purposes other than providing services through the HONG Driver application.

2.4.6 The delivery person will not damage or interfere with the operation of the network used by the application to function.

2.4.7 The delivery person is the owner of, or has the legal right to operate, the vehicle used for providing services and agrees to maintain the vehicle in good condition, ensuring it is always ready for use to provide safe service to the HONG Driver application and passengers.

2.5 The delivery person agrees to comply with all provisions of these Terms of Service and guarantees and confirms that the information provided to the company for registration and service purposes is accurate, complete, and up to date. If such information is found to be incorrect or incomplete, the company reserves the right to take legal action or take other appropriate measures as deemed necessary.

2.6 If, during the provision of services to the HONG Driver application and passengers, the delivery person causes damage or loss to the life or property of the company or any third party, whether intentionally or through negligence, the delivery person will be fully responsible for all resulting damages.

2.7 The delivery person acknowledges that the company may, at any time and without prior notice to the delivery person, take the following actions: (1) Change, modify, suspend, or terminate the operation or access to the service, application,

or any part of the application (including access to the delivery person's account and/or any services) for any reason; (2) Change, modify, suspend, or cancel the Terms of Service or any related terms and conditions; (3) Suspend the operation of the service, application, or any part of the application as necessary for maintenance or error correction, as deemed appropriate by the company.

2.8 If the delivery person acts fraudulently or violates these Terms of Service or applicable laws, the company has the right to suspend the service and/or suspend the delivery person's account on the application immediately, without prior notice. The company may exercise its discretion in suspending the service or the delivery person's account without the need to provide reasons.

2.9 If the company suspects that the delivery person has acted fraudulently or violated these Terms of Service or applicable laws, the company may suspend the service and/or suspend the delivery person's account during the fact-checking process immediately, without prior notice to the delivery person. The suspension of services will be lifted once the facts are proven.

3. Delivery Account

3.1 The delivery person is required to register and maintain the security and privacy of their delivery account information, including keeping their username and password confidential and not disclosing any personal information related to the account to others. The company will not be held responsible for any loss or damage, whether direct or indirect, arising from the use of the delivery person's account by others, regardless of whether the delivery person is aware of such use.

3.2 The delivery person must not transfer their account to others or allow others to use, borrow, rent, or access their delivery account in any form. If this provision is violated, the delivery person will be responsible for any damages arising from the violation. The company will not be held liable for any resulting damages and reserves the right to seek compensation or take legal action against the delivery person as deemed appropriate.

3.3 The company reserves the right to temporarily or permanently suspend and/or terminate the delivery person's account at any time if the delivery person violates the company's Terms of Service. The company may suspend or terminate the account at its discretion.

4. Intellectual Property

The company is the authorized user and holds the rights to all intellectual property contained within the user interface, graphics, design work, data compilation, products, software, services, or other components of the application, including the source code and/or related software (collectively referred to as "Content"). The company grants the delivery person a non-transferable, non-exclusive right to use the application and/or related software solely to provide services to users. The delivery person may not sell, license, distribute, reproduce, improve, publicly display, showcase, transmit, publish, modify, adapt, create derivative works from, or use the Content without the company's permission. The company reserves all rights to the intellectual property that is not granted to the delivery person under these Terms of Service.

5. Limitation of Warranty Liability

5.1 The company makes no representations, warranties, or guarantees, whether express or implied, regarding the reliability, security, timeliness, quality, suitability, or availability of the application and/or software. The company does not warrant that: (a) The use of the application will meet expectations, be of satisfactory quality, be secure, timely, uninterrupted, error-free, or compatible with any devices, software, systems, or data; (b) The application, including any data, content, or information received through the application, will meet the intended purposes or fulfill the delivery person's needs or expectations; (c) Any information provided will be accurate or reliable; or (d) Any defects in the use, operation, or functionality of the application will be corrected.

5.2 The company makes no representations or warranties that the application and/or related software will be free from delays, errors, or harmful software viruses, and does not guarantee that any data, features, functionalities, or other information provided on or through the application, including referenced content, will be accurate, beneficial, or corrected. However, the company will make reasonable efforts to prevent such occurrences.

5.3 The company does not guarantee that using the application will result in the number of requests or service orders as expected, or that the service fees or earnings will meet the level desired by the delivery person.

6. Indemnification

The delivery person agrees to defend, indemnify, and hold the company harmless from any claims, costs, and legal fees arising from: (a) The delivery person's violation of the Terms of Service; (b) Fraudulent actions, misconduct, or gross negligence by the delivery person; (c) Misuse of the application by the delivery person; and (d) Violation of any applicable laws or regulations by the delivery person.

7. Limitation of Liability

7.1 The company is the developer, owner, and service provider of the application, which serves solely as a technological platform for delivery persons. The company is not a transportation service provider and has no involvement in the actual service delivery. The application is designed to facilitate the services provided by the delivery person to users. The delivery person is solely responsible for the operation and management of the service, and thus, the delivery person is responsible for any damages, claims, and liabilities arising from the provision of such services.

7.2 The company will not be liable to the delivery person for any loss or damage arising from or resulting from the provision of services, whether jointly or severally liable, except to the extent permitted by applicable law. The delivery person acknowledges and accepts that all risks and liabilities arising from the provision of services are solely the responsibility of the delivery person, and the delivery person has no right to claim damages from the company under any circumstances, except in cases where the loss or damage is caused by the company's own wrongdoing.

8. Access to Network and Equipment

8.1 The delivery person is responsible for providing a mobile phone, including data and/or access to the network, to use the application. If the delivery person accesses and uses the application through their own mobile phone, they will be responsible for any fees charged by their telecommunications service provider. In the event that the delivery person's mobile phone is lost, stolen, or no longer in their possession, which may result in unauthorized access to the delivery person's account, the delivery person must immediately notify the company.

8.2 The company does not guarantee that the application will function correctly on all types of devices.

8.3 The application may not function properly or may experience delays due to internet usage, internet speed, and network congestion, including situations where the delivery partner's device encounters errors, loses connection, is out of signal range, is turned off, or is unable to function. The company will not be held responsible for any delays, failure in delivery, service failures, damages, or losses resulting from such issues.

9. The protection of personal data.

9.1 The delivery personnel acknowledge and consent to the company collecting, using, or disclosing their personal information as outlined in the company's Privacy Policy.

9.2 The delivery personnel guarantees that any personal information provided to the company is accurate, current, complete, and not misleading. The delivery personnel agrees to waive any right to dispute or take legal action against the company for incorrect, outdated, incomplete, or misleading information under the company's control. Additionally, the delivery personnel agrees to inform the company of any necessary changes to ensure that the personal information remains accurate and complete.

9.3 In the event that the delivery personnel provides personal information of another individual to the company, the delivery personnel warrants that they have informed the individual about the company's services and the processing of data in accordance with t he company's privacy policy, and that they have obtained the individual's consent for the company's services and the processing of the related information.

9.4 The delivery personnel acknowledges that the company may disclose personal information of other individuals to the delivery personnel during the provision of services. The delivery personnel agrees to use such information solely for the purposes for which the company has disclosed it and not for any unauthorized purposes, or for actions that may be fraudulent, deceptive, or illegal.

9.5 The company will protect the personal data of the delivery personnel as outlined in the privacy policy and in accordance with applicable data protection laws. The company may process the personal data of the delivery personnel in various locations, and the delivery personnel agrees and consents to the collection and processing of such data as per the agreement the company has with trusted service providers for the benefit of the delivery personnel.

9.6 If the sender has any questions or encounters any issues regarding the collection, use, or disclosure of personal data by the company, the sender agrees to contact the company directly via email at info@hongmove.com or through any other channels specified in the company's privacy policy.

10. Fraudulent, deceptive, or suspicious activities

If the company identifies any transactions or actions that pose a risk of fraud, deception, or raise suspicion of such activities, the company has the right to take any actions to suspend, prevent, and protect the rights of the company and other related parties. This may include suspending accounts, transactions, or funds, denying payments, refunds, fees, fines, penalties, and other related amounts, in order to prevent any loss or damage as the company deems appropriate at its sole discretion, without the need to notify the sender in advance.Furthermore, the company has the right to use funds arising from actions that are deemed fraudulent, deceptive, or suspicious to compensate for any losses or damages incurred by the company and/or related parties, as the company sees fit, without the need to notify the sender in advance.

If the sender believes that the actions taken are not fraudulent, deceptive, or suspicious, the sender may notify the company within the time frame and according to the procedure specified by the company. Otherwise, it will be considered that the sender has waive d the right to dispute any matters in all cases.

11. Contact Information

If the sender has any questions regarding the terms of service or encounters any issues using the application, the sender can check all contact details through the customer support contact channels to receive further assistance.

12. Amendments or Modifications

These terms of service, including the company’s privacy policy, may be amended or updated from time to time. The company reserves the right to modify these terms without the need to notify the sender in advance.

13. Severability

If any provision under these terms of service and/or the privacy policy (as applicable) is found to be unenforceable for any reason, the remaining provisions shall remain in full force and effect under the law, and shall not affect the validity and completeness of the remaining provisions.

14. Transfer of rights

The sender may not transfer or assign any of their rights and obligations under these terms of service to any other person without prior written consent from the company. However, the company reserves the right to transfer or assign its rights and obligations under these terms of service to any person at its discretion, without the need for the sender’s consent.

15. Waiver of rights

Any delay or failure by the company to exercise any rights or remedies under these terms of service shall not be deemed a waiver of such rights or remedies, nor a waiver of any other rights, and shall not be construed as a waiver of the company’s right to exercise such rights or remedies in the future or to exercise any other rights or remedies.

16. Relationship

This agreement does not intend, nor should any part of it be construed, as creating a joint venture, partnership, employment, agency, or any form of business relationship between the company and the sender, regardless of whether explicitly stated in this agreement or not. The sender has no authority to bind the company to any third party on behalf of the company, and the sender agrees not to claim or act in any way that could lead to the misunderstanding that they are an employee, agent, representative, or contractor of the company.

17. Governing law

17.1 These terms of service shall be governed by and construed in accordance with the laws of Thailand.

17.2 The courts of Thailand shall have exclusive jurisdiction to hear and decide any legal actions, proceedings, or disputes that may arise from or in connection with these terms of service.

Specific terms of service

1. Service provision, acceptance, and delivery

1.1 In providing services to passengers using the HONG MOVE application, when a passenger places a request through the HONG MOVE application and the sender accepts the request, the sender is responsible for transporting the passenger to the specified destination, using the utmost care and caution.

1.2 Once the sender accepts the request, the sender may contact the passenger to confirm the request and other details.

1.3 In cases where the passenger pays at the destination, once the sender has delivered the passenger to the specified destination, the sender is responsible for collecting the delivery fee from the passenger at the location immediately upon completion of the delivery.

1.4 The sender is responsible for all actions required to provide the service, including parking fees, and shall be liable for any damage or loss incurred during the provision of the service.

1.5 Under the cancellation policy, the sender can cancel the request by contacting the driver support center or via email at info@hongmove.com without any additional charges or fines (except for internet service fees or phone charges as specified by the sender's internet service provider or telephone network provider).

1.6 Under the claims policy, in cases where the sender is unable to contact the user and cannot provide clear and sufficient evidence as required by the company, the company will consider the sender responsible for all risks and expenses incurred from the failure to complete the delivery. The company will not be liable for such expenses under any circumstances.

2. Service fees, discounts, and wallet

2.1 Service fee

2.1.1 The sender may be charged a service fee for each request, which will depend on the type of service requested by the passenger. This service fee must be paid immediately and is non-refundable once the delivery is completed. The fee will be deducted from the sender’s credit wallet. This non-refund policy will apply in all cases, regardless of the reason for discontinuing the use of the application, or the company's decision to terminate or suspend the sender's access to the application, or any interruptions to the application or service, whether caused by prior planning, accidents, intentional actions, or any other reason.

2.1.2 The company may change the service fees at any time at its discretion, and will notify you of such changes through the HONG Driver application.

2.2 Deduction and money transfer

In the payment of service fees by the sender for using the service and the receipt of any payments the sender is entitled to from the company as a result of providing any service requests, the company has a process for deducting service fees or transferring refunds, which depends on the type of request the sender services, as follows:

2.2.1 HONG Driver application service

1) The sender will receive compensation from the passenger, and the company will deduct a service fee for using the HONG Driver application at the specified rate from the sender's credit wallet.

2) If the passenger pays in cash, the sender will receive the compensation in cash from the passenger or a person designated by the passenger once the delivery is completed.

3. Claims and cancellation policy

3.1 Claiming rights

In the event that the sender is unable to successfully complete the delivery, the sender has the right to claim the service fee, compensation, special compensation, or any other reimbursement, but this is subject to the company’s discretion. The sender must contact the company’s office or branch office (if located in a provincial area) and provide clear and sufficient evidence as requested by the company for the following cases:

3.1.1 The sender is unable to contact the passenger within 15 minutes upon arrival at the specified location. 3.1.2 The sender experiences an accident while delivering the passenger.

Except for the cases mentioned above, the sender will not be able to claim any service fees, compensation, special compensation, or damages for any other incidents.

3.2 Cancellation

You may cancel the request with the company’s consent without any penalty under any of the following circumstances:

3.2.1 Vehicle malfunction
3.2.2 An accident occurs involving the vehicle.
3.2.3 Being harassed or threatened by the passenger and/or the sender or the driver of a competing company.

The company reserves the right to amend the cancellation terms from time to time. If you cancel the request for reasons not specified above, you acknowledge that the company reserves the right to suspend or cancel the sender’s account, including withholding or suspending payment, charging any predetermined damages, and imposing fines, at the sole discretion of the company.