Terms of Use

​Articulus Company Limited. (“Company” or “we”) executed these Terms and Conditions of Use (“Terms and Conditions”) to specify the terms and conditions for the use of the Smart School Bus Application or Program (“Application or Program”), which are binding upon the Company and you. Since your access and use of the Application or Program will be governed by these Terms and Conditions, please read these Terms and Conditions carefully, before accessing the Application. By accessing the Application or Program, you accept and agree to comply with these Terms and Conditions. In the event that you do not wish to be bound under any or all of these Terms and Conditions, please stop browsing and using the Application.

1. Definitions

1.1        “Content” means information, details, pictures, texts, and/or any other materials on the Application or Program;

1.2       “User” means any person who visits or accesses the Application or Program, registers as a member on the Application or Program, and shall include a User Who is the Personnel of a Corporate Customer;

1.3       “User Who is the Personnel of a Corporate Customer” means an employee, or personnel, of a Corporate Customer;

1.4       “Application or Program User” means a Corporate Customer, and/ or User as the case may be;

1.5        “Corporate Customer” means a customer of the Company who/which is registered as a legal entity, and wishes to subscribe to the Application or Program, so that their employees and personnel can access to and use the Application or Program. A Corporate Customer shall also include an authorized representative and contact person of said Corporate Customer as well.

1.6        “Devices” means devices which are used for the purpose of tracking, GPS device, mobile phone, computer, or any other similar devices.

2. General Provisions

2.1        The Company reserves the right to change, modify, limit, or stop the provision of services on any, or all, parts of the Application or Program at any time. In the event that the applicable law requires, we may notify you of such change in advance.

2.2       The Company may charge fees for your subscription to the Application or Program services. In such case, the Company will notify you in advance, before charging you such fees.

2.3       By accessing and using the Application or Program, you may incur expenses in connection with the use of Wi-Fi or the mobile network, which you shall be solely responsible for.

2.4       You are responsible for checking and carrying out necessary acts to ensure that your Devices can connect to the Application or Program and work normally.

2.5       The Company may update the Application or Program from time to time. You shall always ensure that your Application or Program is updated, so that you can use the Application or Program without interruption.

3. Provision of Application or Program Services

3.1       The Company provides this Application or Program, so that a User can engage in the student pickup and drop off activity through the Application. 

3.2       A User may contact and interact with other Users on the Application or Program.

3.3       In the event of a User Who is the Personnel of a Corporate Customer, his/her access to the Application or Program and services provided on the Application will be limited to the extent that the Corporate Customer, who is your employer, has chosen and paid a fee for.

3.4       In the event of a User Who is the Personnel of a Corporate Customer, other Users who are within your organization may be able to see your information, such as activity relating to the school bus activities.

3.5       The Company may send information, news, promotions, and any marketing materials, which are relevant to the services provided on the Application or Program, to the Application or Program User through the channels of contact that the User has provided to the Company.

3.6       You acknowledge that any services or contents provided on the Application or Program shall not be deemed to be a guarantee the safety of the student pickup and drop off activity. The Application or Program provides visibility for drivers, parents, students, and school staffs to manage the school bus activities more efficiently. 

4. Registration/ Membership Application/ Subscription

4.1        In the registration/ membership application/ subscription process (collectively referred to as a “Subscription”), you shall provide correct and complete information, which is not a misrepresentation or false information. Moreover, you shall not subscribe to the Application or Program by using another person’s information, without said person’s permission.

4.2       In the event that there is any change to your information, you shall change said information on the Application or Program immediately. In the event that you cannot change said information by yourself, you shall notify the Company promptly to change such information. The Company reserves the right to require additional supporting documents, before changing the information as requested.

4.3       You acknowledge and agree that the information in connection with your Application or Program User account and password is confidential, and shall not be disclosed to others, and you shall not allow other persons to have access to your Application or Program User account and password. An act performed under your Application or Program User account shall be deemed an act performed by you. In the event that you know, or have a reason to believe, that there has been unlawful or unauthorized access to or use of your Application or Program User account, you shall notify the Company of said act immediately, and change your password promptly.

4.4        The Company reserves the right, at its sole discretion, to approve or reject your application or program for Subscription.

4.5        By using the Application or Program and accessing any Content, you must be: (1) at least twenty (20) years old; (2) authorized to enter into a binding agreement with us, and not under any restriction to do so under any applicable laws; and (3) residing in Thailand. In addition, you agree that in the event that you are under twenty (20) years old, you represent and guarantee that you have duly obtained consent from a parent or legal guardian to use the Application or Program for the purposes specified hereunder, and shall provide a document to prove said consent to the Company, upon request. In the event that you fail to present the document within the specified period of time, the Company reserves the right to suspend your access to the Application or Program, and/or terminate your user account without prior notice.

5.  Restriction of Use of the Application or Program

5.1       By accessing and using the Application or Program, you agree not to use the Application or Program in a manner that causes, or may cause, damage or a defect to, or interrupt the operation of, the Application or Program.

5.2       In the event that you wish to transmit any Content on the Application or Program, you agree not to transmit the any Content that:

     5.2.1       may cause damage to the Company, or any other third parties;

     5.2.2       infringes the intellectual property rights of the Company, or any other third parties;

     5.2.3       is false, not true, and may cause a misunderstanding;

     5.2.4       insults, slanders, or damages the dignity or reputation of others;

     5.2.5       causes hatred, or which provokes, instigates, threatens, or causes a nuisance or hatred against another person;

     5.2.6       is related to obscene images and all kinds of pornographic media;

     5.2.7       is deemed to be contradictory to public order and good morals; or

     5.2.8       any other content that is deemed a violation or a breach of the applicable laws, regulations, or rules.

5.3       You agree not to post, upload, send, or import viruses, trojans, worms, malwares, or the likes onto the Application or Program

5.4       The Company reserves the right, at its sole discretion, to delete or reject the Application or Program User Content, or any Content, that you posted or uploaded onto the Application or Program, in the event that the Company finds said Content to be inappropriate or in violation of these Terms and Conditions, without prior notice.

6. Suspension or Termination of Application or Program User Account

6.1       The Company reserves the right, at its sole discretion, to suspend or terminate your Application or Program User Account without prior notice, with an immediate effect, in the event that you have breached one of the provisions hereof, or there is a reason to believe that you will breach one of the provisions hereof, or you have carried out an act which is in violation of the applicable laws or regulations, or you have carried out an unlawful or inappropriate act. To the fullest extent permitted by applicable law, the Company will not be liable or responsible to you for any damage or loss arising from the suspension or termination of the Application or Program User Account.

6.2       In the event that you are a User who is the Personnel of a Corporate Customer, the Company may suspend or terminate your Application or Program User Account in the event that the Corporate Customer, who is your employer, carried out any act which is specified in Clause 6.1 hereinabove. In such case, the Company assumes no liability or responsibility to you for any damage or loss occurred due to such suspension or termination of the Application or Program User Account.

6.3       In the event that the Company wishes to stop providing the Application or Program services, whether in whole or in part, the Company may terminate your User Account. In such case, the Company will notify you in advance, prior to said termination of the User Account taking effect.

6.4       You may stop using the Application or Program, terminate your subscription, and/or terminate your Application User Account at any time without cause. In such case, please contact us at sales@articulus.co.th. In the event that you are a User Who is the Personnel of a Corporate Customer and wish to stop using the Application or Program and/or terminate your Application or Program User Account, please contact the Corporate Customer who is your employer.

7. Intellectual Property

7.1       Except as otherwise provided herein, the Company owns the intellectual properties of any Content shown on the Application or Program. In the event that the Company is assigned the right to use any Content on the Application or Program, the intellectual property rights to said Content belongs to the licensor (“Licensor”.)

7.2       Except as otherwise agreed by the Company, you may access and view Content on a computer or other electronic devices, or print out, download, and use said Content under the following conditions:

     7.2.1       You must not change, alter, modify, replicate, copy, publish, disseminate, or transfer the Content, or duplicate any Content on the Application or Program, except for the purposes of viewing and using said Content for your personal purposes, which is not for commercial purposes.

     7.2.2       In the event that you have duplicated any Content on the Application or Program, you must notify and inform other persons clearly that it is the Company and/or the Licensor, as the case may be, who truly and lawfully owns the intellectual property of said Content, as well as the restrictions in connection with the license to use said Content. You must, on the duplicated copy of the Content, make a reference to the source(s) of said Content, and show a written notice stating that the Company and/or the Licensor, as the case may be, is the owner of the copyright or intellectual property right.

7.3       In the event that you post or upload Application or Program User Content on the Application or Program, it shall be deemed that you agree to grant a non-exclusive, unconditional, irrevocable, perpetual, and worldwide right to the Company to use said Application User Content.

7.4       The Company reserves the absolute right to take any legal action, or proceedings, in the event that you have accessed or used the Application or Program in a manner that violates any intellectual properties of the Company and/or the Licensor.

8. Personal Data Protection

8.1       The Company realizes the importance of your personal data. The collection and processing of your personal data will be in accordance with the company Privacy Policy.

9. Disclaimer

9.1       To the fullest extent permitted by law, you acknowledge and agree that:

     9.1.1       The Company does not guarantee or warranty the access to, and availability of, the Application or Program. The Company provides the Application, Content, and services on the Application or Program only on an “as is” and “as available” basis. By using the Application or Program, you must, at your sole discretion, consider whether the Application is practical and/or suitable for your specific purposes.

     9.1.2       The Company does not guarantee or warranty that the Application or Program, and/or any Content on the Application or Program, will be free from the violation of any third party’s right. The Company does not provide any representation or suggestion in regard to the products or services of any Business Partner or third-party.

     9.1.3       The Company does not guarantee or warranty that the Application or Program will be free from any viruses, trojans, worms, malwares, or the like, or that this Application or Program will not be interfered with, or free from any errors.

     9.1.4       The Company does not guarantee or warranty that the Application or Program will be compatible with your Devices and/or software.

     9.1.5       The Company does not guarantee or warranty that any Content on the Application or Program will be correct or complete.

     9.1.6       The Company does not provide any guarantee or warranty in connection with any products, services, or information of any third parties.

9.2       To the fullest extent permitted by law, the Company reserves the right to change, suspend, or terminate the provision of the Application or Program services and/or any functions of the Application or Program, whether temporarily or permanently, and whether in whole or in part, without taking any responsibility or liability whatsoever.

10. Limitation of Liability

10.1       To the fullest extent permitted by law, you acknowledge and agree that the Company will not be responsible or liable for any loss, damage, liability, or expenses whatsoever arising from your use of the Application or Program, or from the legal action taken as a result of your use of the Application or Program, or arising from the defect, error, unavailability, interruption, or delay of the Application or Program, or otherwise as specified in Clause 9.1 hereinabove, including but not limited to, direct damages, indirect damages, incidental damages, consequential damages, or punitive damages.

10.2       The Company assumes no responsibility for any damage caused to your Device(s) as a result of your use of the Application or Program, irrespective of the causes thereof.

10.3       The Company assumes no responsibility for any outcome or results of school bus activities as a result of your use of the Application or Program, irrespective of the causes thereof. 

11. Indemnity

You agree to indemnify and hold harmless the Company, its affiliates, and subsidiaries, including their respective directors, officers, employees, agents, representatives, and partners against any losses, liabilities, and/or responsibilities arising from any claims (including attorney fee), which are a result of, or in connection with, your access or use of the Application in a manner that violates these Terms and Conditions or the applicable law.

12. Relationship between the Company and You

Nothing in these Terms and Conditions constitutes, or shall be deemed to constitute, an agency, partnership, or joint venture relationship between the Company and the Application or Program User.

13. Cookies

The Company uses cookies and similar technologies on the Application or Program. Cookies are embedded in the hard disk of a visitor who visits the website. The technology helps the Company learn and collect necessary information about how the Application is used, as well as other relevant information. The collected information will be subsequently used for the improvement of the Application.

14. Third-Party Websites

The Application may be linked to third-party websites (“Third-Party Websites”), or may contain a link to said Third-Party Websites. The Company does not operate or control any Third-Party Websites, and thus, it cannot represent or guarantee the accuracy, safety, or credibility of said Third-Party Websites. The Company will not assume any liability or responsibility to you or any other person in connection with the use of the Third-Party Websites. It is hereby recommended that you read and understand the policies and terms and conditions of the Third-Party Websites before use, for your own benefit.

15. Notice

Any notice to the Company shall be sent to the address specified under the Clause “Contact Us” hereunder. In the event that the Company sends you a notice, the Company will send such notice to the contact address that you provided the Company during the subscription process.

16. Amendment

The Company reserves the right to amend, add, change, or modify these Terms and Conditions from time to time, as the Company deems fit or as required by the law. The Company will post the updated Terms and Conditions on the Application or Program, and/or send them to you at the contact address that you have provided the Company. By continuing to use the Application or Program after the Terms and Conditions have been amended, you agree to be bound by such amended Terms and Conditions of Use. However, in the event of any material amendment, addition, change or modification of these Terms and Conditions, the Company may inform you of such amendment, addition, change, or modification at least 15 (fifteen) days in advance, prior to the effective date.

17. Waiver

The Company’s failure or delay to exercise any right, whether in whole or in part, shall not prejudice the right, power, and remedy available to the Company under these Terms and Conditions and/or the applicable law.

18. Severability

In the event that any provision hereof is held to be void, invalid, unlawful, or unenforceable, such provision shall not affect the validity, lawfulness, and enforceability of the remaining provisions hereof.

19. Governing Law and Dispute Resolution

19.1       In the event that these Terms and Conditions are enforced, these Terms and Conditions shall be governed by and construed in accordance with the law of Thailand.

19.2       In the event of a dispute, a court of Thailand shall have the jurisdiction to determine and settle any such dispute.

20. CONTACT INFORMATION

If you have any questions or feedback about this Terms and Conditions, please contact sales@articulus.co.th.   You can reach Smart School Bus by mail at:

Articulus Company Limited.

Block28

924 Block B Soi Chulalongkorn 7, Wang Mai, 

Pathum Wan, Bangkok 10330

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