Terms of Use

Thank you for your interest in Skoot!

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION THAT AFFECTS YOUR RIGHTS, REMEDIES, AND OBLIGATIONS. THEY INCLUDE AN AGREEMENT TO ARBITRATE (UNLESS YOU OPT OUT). THESE TERMS ALSO INCLUDE A PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF FOR ALL MATTERS IN EITHER COURT OR ARBITRATION, VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION, VENUE, AND GOVERNING LAW OF DISPUTES, EXCEPT WHERE PROHIBITED, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

• Introduction
• Eligibility, registration, verification
• Fees, taxes
• Your commitments
• Content
• Prohibited activities
• Other legal matters
• Specific terms for renters
• Specific terms for partners
• Dispute resolution
• General provisions

Introduction

Skoot Ltd. and its subsidiaries (collectively, "Skoot", "we", or "us"), provide an online car sharing platform that connects vehicle owners with travelers and locals seeking to book those vehicles. Skoot is accessible online including at skootnow.com and as an application for mobile devices. The Skoot websites, blog, mobile applications, and associated services are collectively referred to as "the Services". By accessing or using the Services, including by communicating with us or other Skoot users, you agree to comply with, and be legally bound by, the provisions of these Terms of USE(these "Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services and constitute a binding legal agreement between you and Skoot.

These Terms, together with the Skoot Privacy Policy, applicable insurance terms and certificates, roadside assistance terms, and the Additional policies (together, the "Policies") constitute the "Agreement" between you and Skoot (each a "Party" and together, "the Parties").

Modification. Skoot reserves the right, at our sole discretion, to modify the Services or to modify the Agreement, including these Terms, at any time. If we modify these Terms, we will post the modification on the Services. We will also update the "Last Revised" date at the top of these Terms. If you continue to access or use the Services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified terms. If the modified terms are not acceptable to you, your sole recourse is to stop using and accessing the Services and close your Skoot Account within 30 days. If you choose to close your Skoot Account, the previous effective version of these Terms will apply to you, unless you use the Services during the intervening 30 day period, in which case the new version of the Terms will apply to you.

Eligibility

The Services are intended solely for persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services, you represent and warrant that you are 18 or older.

Registration. In order to access certain features of the Services and to book and/or list a vehicle, you must register to create an account ("Skoot Account"). Registration data and certain other information about you are governed by our Privacy Policy. If you are registering a Skoot Account for a commercial entity, you represent that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms. Registration requires you submit certain information, including phone number, and create a password.

Accurate information. When creating your Skoot Account, you must provide accurate and complete information.

Permission. You are not permitted to share your login credentials with anyone else.

Your Skoot Account is personal to you and cannot be transferred.

Verification. When you register for a Skoot Account, we may ask you to provide us with certain information about yourself (such as your full name, phone number, address, email address, and ID card) and to upload a photo of yourself (such as a selfie), which may include biometric data (e.g. facial characteristics). When you register for a Skoot Account and/or submit a booking request or listing, we may (directly or through an authorized third-party partner) run your driver's license, driving history, biometric and other data for a background check. In some circumstances, we or an authorized third-party may require that you submit to additional checks (for instance, a criminal background check). If we or our authorized third-party have reasonable concerns about a match between your biometric data and your ID, or your identity is otherwise in question, we may require you to take additional steps to validate your identity before a trip can commence.

Fees

Partners are responsible for setting the price per trip as well as any discounts and Extras offered for a booking made on the Services. All booking trip prices stated are inclusive of any applicable tax such as VAT, sales or tourist tax (together, "Tax").

Fees are applied for certain features of the Services such as commission percentage, in-app payment processing, delivery charges and more. Fees are subject to change with prior notice given to all affected Partners. A detailed breakdown of Fees can be found in our Fee Policy page on the website.

Taxes. You are solely responsible for determining your obligations to report, collect, remit or include in the trip price any applicable Taxes. Tax is defined above.

Your commitments

You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Services. In connection with your use of the Services, you agree that you will not violate any law, contract, intellectual property, or other third-party right; and you are solely responsible for your conduct while accessing or using the Services.

You will not (a) use any robot, spider, crawler, scraper, or other automated means or processes to access, collect data or other content from or otherwise interact with the Services; (b) use the Services for any illegal purpose or to transmit illegal material, including without limitation, any transmissions that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law or regulation; (c) use the Services for the purpose of staking out or defrauding other users; (d) access, tamper with, or use non-public areas of the Services, Skoot's computer systems, or the technical delivery systems of Skoot's providers.

Content

We may, in our sole discretion, enable users to (a) create, upload, post, send, receive, and store content, such as text, photos, audio, video, or other materials and information on or through the Services ("User Content"); and (b) access and view User Content and any content that Skoot itself makes available on or through the Services, including proprietary Skoot content and any content licensed or authorized for use by or through Skoot from a third party ("Skoot Content" and, together with User Content, "Collective Content").

We will not have any obligation to display your User Content and may remove it at any time. We do not guarantee the accuracy, appropriateness, or quality of any User Content, and under no circumstances will Skoot be liable in any way for any User Content.

User Content may not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and may not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam or unsolicited commercial electronic messages.

You retain ownership of your User Content. By submitting User Content, you grant Skoot a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to reproduce, display, and create derivative works.

Prohibited activities

You may not use the Services to do any of the following. Violation of any of the following may result in termination of your access to the Services and your Skoot Account.

Breach these Terms or any of our Policies, including but not limited to:

• Creating a duplicate account, including creating an account while you have an existing account or creating an account after yours has been terminated
• Creating a listing for a vehicle that does not exist or that you do not have the right to make available for reservations
• Booking a vehicle on behalf of someone else
• Operating a vehicle booked by someone else
• Failing to report damage, accidents, or mechanical issues that arise during a trip
• Using a vehicle or Extras in a way that does not comply with these Terms
• Booking a vehicle or Extras but not using them (i.e., no shows)
• Booking and/or canceling reservations for the purpose of disrupting the availability of other users' vehicles or Extras, unless you have a valid reason
• Use the Services to find a partner or renter, and then complete a transaction partially or wholly independent of the Services, for any reason including but not limited to circumventing the obligation to pay any fees related to the provision of the Services by Skoot (aka, gray market transactions, which do not necessarily require the exchange of money)
• Transfer your Skoot Account and/or user ID to another party without our consent
• Leave a vehicle unlocked or running with the keys inside, except where instructed to do so directly by Skoot in certain limited circumstances

Harm or threaten to harm users of our community, including:

• Harass, stalk, or defame any other Skoot user or collect or store any personally identifiable information about any other user other than for purposes of transacting as a partner or renter in accordance with these Terms
• Engage in physically or verbally abusive or threatening conduct
• Use the Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, payment method details, or account numbers
• Treat anyone differently based on the way they look, who they love, what they believe, how they self-identify, where they are from, or when they were born. Discrimination of any kind is not tolerated in the Skoot community
• Sue or assert legal claims against Skoot or a Skoot user in any manner prohibited or waived by these Terms

Use the Services for your own unrelated purposes, including to:

• Contact another Skoot user for any purpose other than in relation to a booking, vehicle, listing, or the use of the Services by such user
• Commercialize any content found on the Services unless expressly permitted
• Send unwanted correspondence, including junk mail, spam, chain letters, etc.
• Use the Services to distribute unsolicited commercial messages

Undermine or attempt to undermine the safety, integrity, or security of the Services, our community, or Skoot's business, including:

• Using the Services or communicating through the Services in a way that is intended to damage or impair the proper working of the Services
• Attempting to bypass, defeat, or circumvent any security feature, digital rights management system, or content protections associated with the Services
• Taking any action that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure or the proper working of the Services
• Falsifying or misrepresenting the information provided to Skoot, including your identity or the identity of the individuals who will be operating any vehicles
• Decompiling, disassembling, or reverse engineering any of the Services, software, or other underlying technology of the Services
• Modifying any of the Services, software, or other underlying technology of the Services
• Attempting to gain unauthorized access to or impair any aspect of the Services or its related systems or networks
• Submitting, posting, or transmitting any User Content that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment
• Interfering with, disrupting, negatively affecting, or inhibiting other users from fully enjoying the Services

Attempt to do any of the above

Skoot has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set forth in these Terms, Skoot may take a range of actions against you for a violation of this Section or these Terms in general, including but not limited to deactivating or canceling your Skoot Account.

We may access, review, and inspect the Services, and content available through the Services, in order to investigate violations of these Terms and may also report certain activities to law enforcement.

Other legal matters

Third-party services

The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible for the availability, accuracy, or content of such websites or resources, and that we do not endorse and are not responsible or liable for any content, advertising, products, or other materials available on or from such websites or resources. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods, or services available on or through any such websites or resources.

Indemnification

To the maximum extent permitted by applicable law, you agree to release, defend (at Skoot's option), indemnify, and hold the Skoot Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (a) your breach of these Terms; (b) your improper use of the Services; (c) your interaction with any user of the Services, including, without limitation, any injuries, losses or damages of any kind arising in connection with or as a result of such interaction; (d) your breach of any laws, regulations, or third-party rights; or (e) your listing or booking of a vehicle via the Services. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

Disclaimer of warranties

THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. EXCEPT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKOOT DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SKOOT DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

SKOOT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT OR SERVICE ADVERTISED OR OFFERED THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE, AND SKOOT WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of liability

NEITHER SKOOT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES (THE "SKOOT PARTIES") WILL BE LIABLE TO ANY USER FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE FOLLOWING: (1) THE AGREEMENT, (2) THE SERVICES (INCLUDING LISTING OR BOOKING OF ANY VEHICLE OR OPTIONAL EXTRA VIA THE SERVICES), OR (3) INABILITY TO USE THE SERVICES.

Except for our obligations to pay amounts to applicable partners or renters pursuant to these Terms, including an approved payment request or claim under a protection plan or applicable insurance policy, in no event will the Skoot Parties' aggregate liability arising out of or in connection with the Agreement or your use of the Services, exceed the greater of (1) the amounts you have paid or owe for bookings via the Services as a renter in the twelve month period prior to the event giving rise to the liability, or if you are a partner, the amount earned by you in the 12 month period prior to the event giving rise to the liability, or (2) US$100.

YOU ALSO WAIVE AND DISCHARGE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST ANY SKOOT USER FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SERVICES OR ANY VEHICLE OR EXTRAS LISTED ON THE SERVICES.

THE LIMITATIONS OF THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, GROSS NEGLIGENCE, OR INTENTIONAL OR WILLFUL MISCONDUCT OF SKOOT OR THE SKOOT PARTIES, OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Specific terms for renters

Please remember that Skoot is a marketplace connecting partners and renters. Skoot does not itself own the vehicles and Extras offered through the Services. Each partner is responsible for complying with all legal requirements (including ensuring the vehicle is registered and insured) and maintaining their vehicle(s) in safe and roadworthy condition. Please complete a visual inspection before you begin your use of the vehicle. If you find damage in your initial inspection, you should upload photos of such pre-existing damage at the start of your reservation as described here to ensure you are not held responsible for pre-existing damage. If you find damage on your initial inspection and fail to report it, Skoot, third-party administrators, or insurance partners, may assume that the damage occurred during your reservation period. If, after your initial inspection, you believe that the vehicle is not safe to drive, please do not use the vehicle; instead, please contact the Skoot team immediately at +66-97-531-1993 in Thailand.

No responsibility for shared vehicles

Skoot is not responsible for any motor vehicle listed on our marketplace. If you choose to book a vehicle, you acknowledge and agree that you do so at your own risk and that you bear full responsibility for your own actions and omissions during your use of any booked vehicle.

Requirements to book

To book and use a vehicle, you must: (1) hold a current and valid driver's license or international driver's permit or equivalent with an appropriate designation for the booked vehicle, (2) provide a phone number that is current and able to receive phone calls and texts, (3) accurately complete all required pre-trip screening steps, (4) provide a current and accurate photo of yourself as directed, (5) not be on the National Sex Offender Registry (or equivalent in other jurisdictions), (6) meet minimum age requirements (18 years old), and (7) be approved by Skoot.

Restrictions on vehicle usage

When you use a partner's vehicle, you must comply with all applicable laws and regulations and may not:

• allow the vehicle to be operated by anyone other than yourself
• operate the vehicle outside of Thailand, or off paved roads, or in any area where operation is prohibited by this Agreement, the vehicle listing, or otherwise
• use the vehicle to tow or push anything
• use the vehicle in any race, speed test, or contest
• use the vehicle while intoxicated or under the influence of drugs
• use the vehicle for hire or reward, or for a commercial purpose, or for any illegal purpose
• use the vehicle to carry hazardous cargo, or to carry more passengers than the vehicle has seat belts
• use the vehicle recklessly or abusively, including but not limited to operating the vehicle over speed bumps or potholes at excessive speed, shifting the vehicle's transmission improperly, or operating the vehicle in a way or at a speed that is unreasonable given the road conditions

Additional duties during your trip

During any trip, it is your responsibility to: (1) ensure that the vehicle is used in a careful and responsible manner, (2) ensure that the vehicle is parked in a secured location and properly locked, and that all windows are fully closed, (3) maintain the necessary fuel or charge level, and ensure the vehicle is returned to the partner with the same fuel or charge level as at the start of the trip, (4) return the vehicle in the same condition as it was when the trip started, (5) return the vehicle on time and to the agreed upon location, (6) report any damage, accident, or mechanical issue to Skoot immediately, (7) comply with any additional instructions provided by the partner or Skoot regarding the care of the vehicle.

Deposit

All rentals require a fully-refundable deposit. The amount of the deposit is set by the partner and displayed at the time of booking. The deposit is held in escrow by Skoot during the rental period and is refunded to the renter upon return of the vehicle in the same condition it was received, minus any applicable deductions for damage, late returns, or violations of these Terms. The deposit may be withheld or deducted in part or in full if the vehicle is returned with damage, fuel or charge deficit, or other issues as determined by Skoot or the partner.

Insurance and protection plans

Unless specifically stated in the vehicle listing, all vehicles booked through the Services include basic protection. Depending on the trip, the partner may offer optional protection plans. Insurance coverage and protection plans are subject to their own terms and conditions, which will be made available to you prior to or at the time of booking. You are responsible for reviewing and understanding the terms of any applicable insurance or protection plan.

Incident reporting

Where you elected for a protection plan when booking your trip via the Services, you must immediately report any damage to the vehicle you are using to Skoot at [email protected], or +66-97-531-1993 in Thailand. If there has been a collision, you must also make a report to the police. You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide Skoot or third-party claims administrators with a written description of the incident and any other information requested, including identity and insurance information of any parties involved in the incident. You are also required to cooperate in any loss investigation conducted by Skoot, third party claims administrators, or insurers. After an incident, you may not continue to use the vehicle unless you are instructed to do so by Skoot.

Late returns

In the event that you do not return the vehicle on time, you may be charged for an additional day (or days) at the rate specified in the vehicle listing, plus any applicable late fees as set by Skoot. The late fee is separate from and in addition to any additional daily charges. Skoot may, at its sole discretion, charge you a late fee and/or deduct amounts from your deposit for late returns.

Traffic violations and fines

You are responsible for all traffic violations, fines, penalties, and fees incurred during your use of a vehicle booked through the Services. If Skoot or a partner receives a traffic violation or fine that was incurred during your trip, you authorize Skoot to charge the associated amount to your payment method on file, plus any applicable administrative fees.

Specific terms for partners

These terms apply to you if you list a vehicle on the Services for booking by renters. As a partner, you are granting access to your vehicle to renters for use as described in these Terms.

Listing requirements

To list a vehicle on the Services, you must ensure that: (1) you are the registered owner of the vehicle, or you have express authorization from the registered owner to list the vehicle and to grant access to it to renters, (2) the vehicle is in safe and roadworthy condition, (3) the vehicle has a current registration and all required insurance coverage, (4) the vehicle has a clean title (e.g., non-salvaged/non-branded/non-washed/non-written off), not subject to any applicable safety recalls, and otherwise satisfy our eligibility requirements.

Setting trip pricing and discounts

As a partner, you are responsible for setting the trip price for your vehicle, as well as any applicable discounts or Extras. All trip prices stated in your listings must be inclusive of any applicable Tax. You are responsible for determining and including the correct Tax amount in your trip prices.

Booking acceptance

When a renter submits a booking request for your vehicle, you will receive a notification through the Services. You may accept or decline the booking request at your discretion. Once a booking request is accepted, you are committed to making the vehicle available as described in the listing for the agreed-upon dates and times. Failure to honor a confirmed booking may result in penalties and/or account suspension at Skoot's discretion.

Vehicle delivery and pick-up

If you offer delivery as part of your listing, you are responsible for delivering the vehicle to the agreed-upon location at the agreed-upon time. If delivery is not offered, you must make the vehicle available for pick-up at the location specified in your listing. You are responsible for providing clear and accurate instructions for pick-up and drop-off.

Vehicle condition and maintenance

You are responsible for maintaining your vehicle in safe and roadworthy condition at all times. Before making your vehicle available for a booking, you must ensure that: (1) the vehicle has been properly maintained and serviced according to the manufacturer's recommendations, (2) all fluid levels are adequate, (3) tires are in good condition and properly inflated, (4) all lights and signals are functioning properly, (5) the vehicle is clean and free of personal property, and (6) any known issues or defects have been disclosed in the vehicle listing.

Damage claims and protection

If you did not decline a protection plan made available via the Services, and you believe that a renter has caused any damage to your vehicle, you are required to report that damage as soon as you become aware of it (and in any event, no more than 24 hours after the scheduled end of the trip) and to provide reasonable cooperation in the investigation of the damage so that it can be eligible for coverage. Based on the investigation, Skoot or third-party claims administrators will reasonably determine whether the damage occurred during the reservation period and is eligible for coverage. If it was, and you did not decline a protection plan made available via the Services, you will be reimbursed for the loss as described in the sections below. If Skoot is not given prompt notice as described in this paragraph, or if you do not provide reasonable cooperation in the investigation by Skoot or third-party claims administrators, we may not be able to determine the cause. In that case, you agree that you will bear the loss.

Protection plan coverage for vehicle damage

Subject to the limitations, conditions, and exclusions in these Terms, if a protection plan is available and you did not decline it, Skoot or its third-party claims administrators will reimburse you for physical damage to your vehicle that occurs during a trip. This includes damage caused by collision, theft, vandalism, weather events, or other covered perils as defined in the applicable protection plan. The level of coverage and any applicable deductibles will depend on the specific protection plan selected.

Coverage limits

The maximum amount that Skoot or its third-party claims administrators will pay for a single claim for physical damage to your vehicle during a trip is the actual cash value of the vehicle at the time of the loss. The standard for determining the actual cash value will be as determined by Skoot or its third-party claims administrators and in compliance with applicable law.

Exclusions to physical damage reimbursement and coverage

Protection plans selected by partners on the Services do not apply to:

• Optional extras or personal property, including aftermarket installations (e.g., equipment racks), that are taken from your vehicle or damaged during a trip. Remove all personal property before making your vehicle available for a reservation
• Normal wear and tear to your vehicle

If you violate the Agreement, these Terms, or any of our Policies or if you submit inaccurate information about your vehicle when listing it on the Services (for example, falsely represent the make, model, or year of the vehicle), any protection plan you selected will be voided. A protection will be voided under this provision even if the underlying circumstances are not directly related to the damage or harm at issue.

Payment processing

Payment Processing. In some countries, payment processing services are provided by Omise and subject to the Omise Connected Account Agreement, which includes the Omise Terms of Service (collectively, the "Omise Services Agreement"). By using the Services as a partner, you agree to be bound by the Omise Services Agreement, as the same may be modified from time to time. As a condition of Skoot enabling payment processing services through Omise you agree to provide Skoot accurate and complete information about you, and you authorize Skoot to share with Omise this information and transaction information related to your use of the payment processing services provided by Omise. Skoot may change or replace the payment processing service at any time and you agree that in such event, you agree to be bound by the then applicable terms and conditions of the relevant payment processing service provider. Payment will be made to you within 3 business days of the renter's check-in.

Taxes and reporting

You are solely responsible for determining your own tax obligations as a partner. You acknowledge and agree that Skoot is not responsible for determining whether Taxes apply to your transactions with renters, or for collecting, reporting, withholding, or remitting any Taxes arising from any transactions. You agree that you are solely responsible for all Tax obligations arising out of your use of the Services as a partner, including reporting and payment.

Termination of partner accounts

Skoot may, in its sole discretion, at any time and for any or no reason, suspend or terminate your account as a partner and remove your vehicle listings from the Services. Reasons for termination may include, but are not limited to: (1) breach of these Terms or our Policies, (2) requests by law enforcement, (3) safety concerns, (4) extended periods of inactivity, (5) deceptive or fraudulent conduct, (6) receipt of complaints from renters, or (7) any conduct that Skoot deems harmful to the platform, other users, or third parties.

Dispute resolution

Dispute resolution for partners and renters residing in Thailand

If you reside in Thailand, the following terms apply to disputes between you and Skoot. These Terms and any dispute between you and Skoot shall be governed by and construed under the laws of the Kingdom of Thailand, without regard to its conflict of law provisions. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be resolved first by good-faith negotiation between the Parties. If the Parties are unable to resolve the dispute through negotiation within 30 days, either Party may submit the dispute to the Thai Arbitration Institute (TAI) for final resolution by arbitration under the Arbitration Rules of the Thai Arbitration Institute. The arbitration shall take place in Bangkok, Thailand. The language of the arbitration shall be English or Thai as agreed by the Parties. The decision of the arbitrator shall be final and binding upon both Parties.

Dispute resolution for partners and renters residing outside of Thailand

The following terms apply to partners and renters who reside outside of Thailand. These terms include an agreement to arbitrate. You and Skoot mutually agree that any dispute, claim, or controversy arising out of or relating to the Agreement or the breach, termination, enforcement, interpretation, or validity thereof, or your use of the Services (collectively, "Disputes") will be settled by binding arbitration. This Agreement to Arbitrate is intended to be interpreted broadly. Acknowledge and agree that you and Skoot are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.

You and Skoot agree that any arbitration or legal proceeding will be limited to the dispute between you and Skoot individually. To the full extent permitted by law: (1) no arbitration or legal proceeding shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AND SKOOT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Agreement to Arbitrate. You and Skoot agree that any and all Disputes (as described above), whether presently in existence or arising in the future, will be resolved exclusively by final and binding arbitration, and not in a court of law. All Disputes shall be submitted to the American Arbitration Association ("AAA") for binding arbitration subject to its then-applicable Arbitration Rules and Procedures, including without limitation its Consumer or Commercial Arbitration Rules, as applicable and as modified by this Agreement to Arbitrate, by filing a Demand for Arbitration in accordance with such rules, except that Disputes which are within the scope of the Disputes or claims that can be brought in small claims court section below may be taken to small claims court. Alternatively, you may elect to submit a Dispute to JAMS (Judicial Arbitration and Mediation Services) or, if both Parties agree, any other arbitration provider (together, the "Alternative Arbitration Providers"). In the event you submit a dispute to one of the Alternative Arbitration Providers, that entity's Arbitration Rules and Procedures shall apply, except to the extent they conflict with this Agreement to Arbitrate. However, any agreement by both Parties to submit a Dispute to another arbitration provider does not waive the right of either Party to elect the AAA in the event of a future Dispute. If this specific provision is found to be unenforceable, then the entirety of this Agreement to Arbitrate will be null and void.

The arbitration will be conducted by a single arbitrator (the "Arbitrator") to be appointed in accordance with the AAA (or Alternative Arbitration Providers) rules. For claims where the relief sought is $25,000 or less (not including attorneys' fees and expenses), those Arbitration Rules and Procedures may limit the proceeding to a written submission and, if requested or at the arbitrator's discretion, there may be a live hearing by teleconference or videoconference. Where the relief sought is $25,001 or more (not including attorneys' fees and expenses), those Arbitration Rules and Procedures may provide for limited discovery and streamlined proceedings. In the event the Arbitrator declines to or is unable to adjudicate the claim, the arbitration will be conducted by another Arbitrator chosen by Skoo, as modified by this Agreement to Arbitrate.

In all cases in which a live hearing is requested or required, you and/or Skoot may attend by video or phone. To the extent a location must be established for the arbitration, it shall be held in the county in which you reside or at another mutually agreed location.

The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Skoot user to the extent required by applicable law. The arbitrator's award will be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Exceptions to Agreement to Arbitrate

The only exceptions to this Agreement to Arbitrate are as follows:

• Disputes or claims that can be brought in small claims court, as set forth in the section below, may be brought in small claims court instead of arbitration
• Either Party may bring a Dispute or claim in court if it concerns the infringement or misuse of intellectual property rights (including copyrights, trademarks, trade dress, domain names, trade secrets, and patents)
• Either Party may seek emergency or temporary injunctive or equitable relief in a court of competent jurisdiction pending the appointment of an arbitrator

Disputes or claims that can be brought in small claims court

Notwithstanding the Agreement to Arbitrate set forth above, you and Skoot each retain the right to bring an individual action in small claims court (or equivalent court for minor claims in a relevant jurisdiction) and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

30-day right to opt out

You have the right to opt out of this Agreement to Arbitrate by sending written notice of your decision to opt out to: [email protected], within 30 days of first becoming subject to this Agreement to Arbitrate. Your notice must include your name and address, the email address you used to set up your Skoot Account (if you have one), and a clear statement that you want to opt out of this Agreement to Arbitrate. If you opt out of this Agreement to Arbitrate, all other parts of the Agreement and its Policies will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

Arbitration fees

If you commence arbitration in accordance with these Terms, Skoot will reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000, in which case the payment of any fees will be decided by the Arbitration Rules. Any arbitration fees and any attorneys' fees and costs will be governed by AAA rules and the fee schedule in effect. You are responsible for all additional fees and costs that you incur in the arbitration, including but not limited to attorneys or expert witnesses. If the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and the losing party will pay the prevailing party's attorneys' fees and costs. Skoot will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines your claim or the relief sought is frivolous or brought for an improper purpose.

Governing law and judicial forum

Subject to the Agreement to Arbitrate set forth above, these Terms are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. Judicial proceedings that are excluded from the Agreement to Arbitrate must be brought in state or federal court in New York, New York, unless both Parties consent to some other location. You and Skoot both consent to venue and personal jurisdiction in New York, New York. Notwithstanding the foregoing, either Party may seek emergency equitable relief before any court of competent jurisdiction in order to maintain the status quo pending arbitration. This section does not override the Dispute resolution for partners and renters residing in Thailand section above.

General provisions

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Skoot via email (in each case to the address that you provide) or by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

No waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Skoot. Except as expressly set forth in these Terms, the exercise by either Party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

Assignment

You may not assign, transfer, or delegate the Agreement and your rights and obligations hereunder without Skoot's prior written consent. Skoot may, without restriction, assign, transfer, or delegate the Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days' prior notice.

Entire agreement

Except as provided in these Terms, the Agreement constitutes the entire and exclusive understanding and agreement between Skoot and you regarding the Services, and the Agreement supersedes and replaces any and all prior oral or written understandings or agreements between Skoot and you regarding the Services.

Severability

If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect. Any provision of these Terms held invalid or unenforceable only in part will remain in full force and effect to the extent not held invalid or unenforceable. The specific aspects of it that are deemed unenforceable shall be severed while leaving the remainder in effect.

Liquidated damages

You acknowledge that the actual damages likely to result from your breaches of the Agreement by any of the following are difficult to estimate accurately and would be difficult for Skoot to prove with certainty: (1) engaging in gray market transactions, as defined in these Terms, (2) using the Skoot domains, trademarks, or taglines without Skoot's express consent, including without limitation registering website domains or social media handles, or bidding on online advertising key words, (3) suing or asserting legal claims against the Skoot Parties or a Skoot user in any manner prohibited or waived herein, (4) as a partner, sharing your vehicle via the Services with expired registration stickers or without current registration paperwork in the vehicle, (5) as a partner, offering any vehicle that is the subject of a missing or stolen vehicle report, (6) as a partner, failing to maintain a vehicle in safe and roadworthy condition, (7) as a renter, operating a vehicle in violation of the restrictions set forth in these Terms.

For any breach of the types listed above, you agree that liquidated damages, and not a penalty, shall be assessed in an amount of US$500 per breach in addition to any other remedies available at law or in equity. These liquidated damages represent a reasonable estimate of the harm resulting from such breaches. Skoot may deduct such liquidated damages from any amounts owed to you, or may charge the amount to your payment method on file.

Contact

If you have any questions about these Terms, please contact us at [email protected] or +66-97-531-1993 in Thailand.