GWM Thailand - User Agreement

1. Acknowledgement and Acceptance of these Terms and Conditions

GWM APP and the website located at https://www.gwm.co.th (collectively, the “Platform”), including all ownership and operational rights therein, are owned by Great Wall Motor Manufacturing (Thailand) Co., Ltd. (“we”, “us”, or “our”). Users (“you” or “User”) should carefully read and accept all terms and conditions contained in this User Agreement (hereinafter referred to as “Agreement”) prior to accessing or using the Platform. By accessing and using the Platform under any circumstances, you shall be deemed to have fully accepted and agreed to be bound by all terms and conditions set forth in this Agreement.

The Platform reserves the right to add, remove, amend, and/or modify the terms and conditions of this Agreement from time to time in accordance with applicable laws, regulations, rules, requirements, orders, or announcements issued by governmental authorities, as well as business requirements (collectively, the “Amendments”). Any Amendment shall become effective immediately upon publication of the amended content unless otherwise specified.

Your continued registration for and use of the Platform following any Amendment shall constitute your acceptance of such Amendment. If you do not agree with any term or condition of this Agreement, you may terminate your account on the Platform or discontinue using the relevant services provided through the Platform.

2. Nature of the Services

The Platform provides various services via the Internet. In addition to the other terms and conditions contained in this Agreement, the provisions of this Clause 2 constitute specific supplementary terms and conditions applicable to your use of the Platform's services. To use the Platform, you agree to the following:

2.1 Modification, Suspension, or Termination of Services
The Platform reserves the right, at any time, to modify, suspend, interfere with, or discontinue any part or all of its network services.

2.2 Information Services
While using the Platform's services, the User agrees to receive information services and communications provided by the Platform.

2.3 Eligibility and Restrictions
Use of the services is restricted to authorized customers who have reached the age of majority and possess the legal capacity to enter into contracts under applicable laws.

Customers who have violated or are violating these terms and conditions, or whose access to any services has been suspended, whether temporarily or permanently, shall not be entitled to use the services notwithstanding their compliance with the requirements of this Clause 2.3.

2.4 General Conditions of Use
You agree:
(a) to access and/or use the services solely for lawful purposes and by lawful means at all times, and to conduct all activities relating to the services in good faith;
(b) to ensure that any information or data relating to the services that you post or make available on the Platform is accurate, complies with all applicable laws, and does not infringe the rights of any person, and you shall bear sole responsibility for such information and data.

2.5 Product Descriptions
Although we endeavor to provide accurate product information and descriptions, we do not warrant that such descriptions are accurate, complete, current, or free from errors.

3. Use of the Platform

(1) User Account
Upon successful registration, the Platform will provide you with a user account. You may create a password for your account. The account and password shall be maintained by the User, who shall be responsible for safeguarding the account credentials and any SMS verification codes and should avoid using passwords that are easily guessed.

User account credentials may not be lent, transferred, inherited, or disclosed to any third party. We shall not be liable for any loss, theft, unauthorized use, or forgotten account credentials arising from causes not attributable to the Platform.

(2) User Account Names and Registration Information
User account names must comply with the applicable regulations governing Internet user account names and must not contain unlawful, inappropriate, offensive, or sensitive content in any registration information, including account names, profile photographs, avatars, or profile descriptions.

The Platform reserves the right to review all registration information submitted by Users. Registration may be denied if any unlawful, inappropriate, offensive, or undesirable content is identified. The Platform may take measures including requiring rectification within a specified period, suspension of account usage, cancellation of registration, and other actions deemed appropriate.

(3) Protection of User Information
The Platform shall protect user information and privacy and shall promptly address unlawful registration information and harmful content made publicly available, including account names, profile images, and profile descriptions, in accordance with applicable laws and social governance practices.

(4) User Conduct
When using the Platform's services, Users shall:
(a) comply with applicable laws and regulations, respect public interests, legal rights of others, public order, morality, social customs, and the accuracy of information;
(b) not use the Platform's network services for any unlawful purpose;
(c) comply with all agreements, rules, regulations, and procedures relating to network services;
(d) not engage in any conduct that may adversely affect the normal operation of the Internet or the Platform;
(e) not transmit any information that is infringing, defamatory, insulting, threatening, abusive, obscene, unlawful, or otherwise inappropriate;
(f) not engage in any activity that may harm the Platform; and
(g) not conduct any financial transaction involving registered accounts or published information for any purpose whatsoever. If such conduct is detected, we reserve the right to delete the relevant accounts and associated information.

4. Personal Data Protection

The Platform will collect, use, and disclose your personal data for the purposes set out in this Agreement and as described in Privacy Policy for GWM Thailand

The Platform will not transfer or disclose your personal data to any third party without your prior consent unless we reasonably believe in good faith that such disclosure is necessary for the following purposes:
(1) compliance with applicable laws, regulations, court orders, orders from security authorities, or other governmental authorities;
(2) operation and administration of the Platform's services;
(3) protection of the privacy and safety of Users and the public in emergency situations;
(4) facilitating a merger, demerger, acquisition, or transfer of assets involving the Platform; or
(5) protecting the interests of the Platform or in other circumstances deemed necessary by the Platform.

You acknowledge that we may send marketing communications, including news updates, public relations materials, marketing campaigns, advertisements, promotional privileges, and promotional activities, through the Platform and to the email address associated with your account.

The Platform implements appropriate technologies and security measures to establish a comprehensive information management system for the protection of Users' personal data and to prevent unauthorized access, use, disclosure, or transfer of personal data.

Further information regarding personal data protection, including your rights and obligations, is available in Privacy Policy for GWM Thailand at https://www.gwm.co.th/en/privacy-policy

5. Personal Data of Minors

Our products and services are designed for individuals who have reached the age of majority. We do not knowingly collect any personal data relating to minors (persons under twenty (20) years of age). If a parent or legal guardian has reason to believe that a minor has provided personal data to us without prior parental or guardian consent, please contact us to ensure that such personal data is deleted and that the minor's subscription or registration on the Platform is terminated.

6. Disclaimer of Liability

The content displayed on the Platform is provided on an “as is” and “as available” basis. The Platform makes no representations, warranties, or guarantees of any kind, whether express or implied, direct or indirect, including but not limited to:

(1) the completeness, accuracy, reliability, suitability, timeliness, or fitness for purpose of any content, information, or materials available on the Platform;
(2) uninterrupted availability of the services, or any guarantee regarding the security, timing, or accuracy of the services in all circumstances; and
(3) the Platform's absolute right to display information relating to products purchased or services received by Users through news releases, advertising materials, and other presentations on the Platform.

To the fullest extent permitted by law, the Platform shall not be liable for any loss, damage, costs, expenses, or liabilities arising out of or in connection with the use of the Platform or reliance upon any content or information made available through the Platform.

7. Data Retention and Restrictions

The Platform implements appropriate security measures to prevent the loss of, unauthorized access to, use, alteration, modification, or disclosure of personal data, and to prevent personal data from being accessed, used, or disclosed without authorization by third parties who are not authorized data controllers.

We reserve the right to determine whether a User's conduct complies with this Agreement. If a User breaches any provision of this Agreement, we may suspend or terminate all or part of the User's access to the Platform's services until such User's registration is cancelled.

8. Termination of Use of the Platform

Either the User or we may suspend or terminate the use of, or access to, the Platform and its services at any time, depending on the circumstances.

We reserve the right to modify, suspend, and/or discontinue all or any part of the services at any time without liability to any User or third party.

If the User disagrees with any terms and conditions of the services, objects to any amendments thereto, or is dissatisfied with the services provided by the Platform, the User must immediately cease using the Platform.

Upon termination of the services, the User's right to use the Platform shall immediately cease, and thereafter the Platform shall have no further obligations toward the User unless otherwise required by applicable law.

We further reserve the right, at our sole discretion, to deny any User access to the Platform and to modify, suspend, or terminate all or any part of the services at any time without prior notice, explanation, or justification.

9. Notices

Subject to compliance with the Privacy Policy, any notice, announcement, communication, or disclosure may be provided to Users by short message service (SMS), email, postal mail, or publication on the Platform (including the website and application).

The Platform may provide such notices through email, Platform announcements, or any other means deemed appropriate by us, including notices regarding amendments to this Agreement, changes to the services, and other important matters.

10. Intellectual Property Rights

All legal rights, interests, and intellectual property rights relating to the Platform, services, and products, including but not limited to trade names, trademarks, content, software, images, audio, and video displayed on the Platform and identifying us, GWM Group companies, or third parties, shall remain the sole property and intellectual property of us, the relevant GWM Group company, or the relevant third-party owner.

No person may copy, modify, transmit, distribute, display, reproduce, publish, license, create derivative works from, or otherwise exploit any part of the content available on the Platform for public or commercial purposes without prior written consent from us or the relevant owner.

Users may download, print, or use informational materials solely for personal and non-commercial purposes and may not alter or modify such materials in any manner.

11. Governing Law and Dispute Resolution

The formation, validity, interpretation, performance, and enforcement of this Agreement, as well as any disputes arising out of or in connection with this Agreement, shall be governed by and construed in accordance with the laws of the Kingdom of Thailand, excluding its conflict of laws principles.

12. Severability

If any provision of this Agreement is determined to be unlawful, invalid, or unenforceable, such provision shall be deemed severed from this Agreement and shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.

Any waiver by us of a breach of any provision of this Agreement shall not constitute a waiver of any subsequent breach of the same provision or any other provision of this Agreement.

13. Links to Other Platforms or Websites

The Platform may, from time to time, contain links to third-party platforms or websites for the convenience and benefit of Users.

Such third-party platforms or websites are not under our control and may not be operated or maintained by us. Accordingly, we shall not be responsible or liable for any loss, damage, costs, or liabilities arising from the use of, or reliance upon, any such third-party platforms or websites.

Users are encouraged to review the terms and conditions and privacy policies of any third-party platforms or websites before using them.

14. Breach of this Agreement

If a User breaches this Agreement or any of our terms, conditions, policies, or requirements, we reserve the right to take one or more of the following actions, without prejudice to any other rights or remedies available under applicable law:
(a) deletion of the User's account;
(b) restriction or limitation of account privileges;
(c) suspension and subsequent termination of the User's account;
(d) initiation of criminal proceedings; and/or
(e) commencement of civil proceedings, including claims for damages and/or applications for interim relief, injunctive relief, or other remedies available under applicable law.

If you believe that any User of the Platform has violated this Agreement, please contact our Customer Relations Department at Tel. 02-668-8888 or email: contactcentre@gwm.co.th