Please read the Terms and Conditions of using the Application carefully before installing and using the Application to use any services through the Application. These Terms of Use are an electronic legal agreement between You and XANH SM when You have chosen to use the Services through the Application

(These Terms of Use and any amendments and supplements to these Terms of Use are announced by XANH SM from time to time on the electronic information page [xanhsm.com/kh] and/or on the Application use XANH SM reserves the right to modify, amend, supplement or cancel any provision of the Terms of Use and/or policies related to the Service at any time as XANH SM deems appropriate. Amendments, modifications, additions or cancellations of the Terms of Use and/or policies related to the Service will take effect immediately when the content is posted on the website [xanhsm.com/kh] / and/or through the Application or from the time notified by XANH SM on the electronic information page [xanhsm.com/kh] and/or the Application. You should review these Terms of Use regularly when using the Services through the Application).

(Use of the Application and/or continued use of the Services through the Application after any changes to the Terms of Use shall be deemed to be Your acceptance of and bound by the Terms of Use application and the content of such changes).

2.1. “XANH SM” is XanhSM Co., Ltd operating under Certificate of Incorporation No. 1000323931issued by the Ministry of Commerce on 06 October, 2023;

2.2. “Terms of Use” means the Terms and Conditions of using the Xanh SM Application and amendments and supplements to the Terms and Conditions of using the XANH SM Application, policies related to the Service, and the Regulations. Using the service, the Rules of Conduct announced by XANH SM from time to time on the website [xanhsm.com/kh] and/or on the XANH SM Application;

2.3. “Services” means the transportation services provided by XANH SM or its Drivers through the Application;

2.4. “User” means any person using the Application to search for and/or use the Services;

2.5. “Passenger” means any person who directly uses the Services, including the User and the person authorized by the User to seek and use the requested Service through the User Account;

2.6. “Driver” is an individual who is qualified to provide Services to Users directly in accordance with the law of Cambodia;

2.7. “Application” is the XANH SM application installed on a mobile device, managed and operated by XANH SM, allowing Users to access and use the Service;

2.8. “User Account” means the User’s Application usage account established and activated on the Application;

2.9. “Driver Account” is the Driver’s Application account that is set up and activated on the Application.

3.1. Commitment throughout the process of using the Application

You undertake that:

(i) Have full civil capacity as prescribed by law to accept and agree to the Terms of Use; has the right, authority and capacity to use the Services and to comply with these Terms of Use;

(ii) The information provided to XANH SM is always guaranteed to be updated, complete and authentic;

(iii) Use of the Application is to serve legal needs;

(iv) Do not provide any other person with access to the User Account/Driver Account, including the transfer of the User Account/Driver Account or information from the User Account/ Driver Account for any other person;

(v) It is your responsibility to check and ensure that You have downloaded the correct compatible Application for your mobile device. XANH SM is not responsible for You not having a device compatible with the Application and/or for having downloaded an inappropriate, incompatible version of the Application for Your mobile device.

3.2. Commitment when using the Service

By using the Application, You agree that:

(i) Do not use the Application to send or store any unauthorized material or information or for fraudulent purposes; to annoy, harass others or make fake service bookings; violates the prohibitions of the prevailing laws of Cambodia.

(ii) Do not use XANH SM, Driver or User information for any purpose other than using the Service (if you are a User) or providing the Service (if you are a Driver);

(iii) Do not commit acts (intentionally or unintentionally) that may cause damage to the Application, brand reputation, property of XANH SM and/or Drivers and/or Users;

(iv) Fully responsible for maintaining and securing your User Account/Driver Account password or any identification method that XANH SM provides for You to use the Application;

(v) Provide XANH SM with any proof of identity that XANH SM may require for the purposes of establishing a User Account/Driver Account and providing the Services;

(vi) Agree to provide authentic information, regularly maintain and update timely and complete information as required by XANH SM to provide and use the Service to ensure that this information is always authentic , updated and complete at all times. You acknowledge that if the information about You is untrue, inaccurate, not current or incomplete in any respect, XANH SM has the right to terminate Your provision and use of the Services at any time. any time, with or without notice;

(vii) Do not commit acts of deceiving XANH SM and other acts of a similar nature to gain illegal benefits in any events or promotional activities conducted by XANH SM;

(viii) Do not cancel a trip multiple times in a row;

(ix) XANH SM reserves the right to block or deny access to User Accounts, and/or to block features built into the Application, without prejudice to XANH SM’s other rights and remedies where XANH SM in its sole discretion You have violated any terms of these Terms of Use and/or the laws of Cambodia;

(x) When requesting Services through the Application or when using the Services, You must pay telecommunications fees yourself according to the policy of the telecommunications service provider that You use;

(xi) Your use of the Application, Services and/or features integrated on the Application will be in accordance with and subject to XANH SM’s information security policy;

(xii) You are ultimately responsible for your own safety while providing and using the Services, and must take all necessary precautions to ensure safety when providing, using the Services;

(xiii) Commit to taking full legal responsibility and responsibility for all loss or damage caused to yourself, your Driver, XANH SM, XANH SM’s personnel and any third party when You violate any provisions of the law or these Terms of Use.

4.1. Once You have completed using the Services, You are required to pay the Driver and XANH SM in full by selecting one of the payment methods available on the Application. Any payments made under such option will be non-refundable.

4.2. You may choose to pay Drivers and XANH SM for the provision of Services in cash, by credit or debit card (“Card”) or any other payment method available in the Application.

4.3. If You choose to pay by Card, You need to register a valid Card according to the regulations shown on the Application. You agree that XANH SM may verify and accept Your Card information when You first register your Card with XANH SM and when You use the Services.

4.4. In case the Card payment is processed abroad, You will bear the costs arising from this payment.

4.5. XANH SM may refuse to accept payment of any transaction using the Card method on the Application in the event of any error in the transaction leading to the Card issuer refusing payment or where XANH SM believes that the Card has been used for a transaction that may be fraudulent, illegal or involves any criminal activity or where XANH SM believes that You are in violation of these Terms of Use.

4.6. You are responsible for resolving disputes with the Card issuer yourself.

4.7. When You are a Driver, payment is made according to the cooperation contract between You and XANH SM and the policies issued by XANH SM and in effect from time to time.

5.1. XANH SM, may offer promotions with different features and different prices to any User. These promotional offers are subject to these Terms of Use and may be effective only for certain Users as indicated in the offer. You can decide whether or not to participate in offers and promotions.

5.2. If You decide to participate, You agree that the promotion:

(i) May only be used by the intended audience, for the intended purpose and in a lawful manner;

(ii) May not be copied, sold or transferred in any way or made available to the public, unless expressly permitted by XANH SM;

(iii) Comply with the specific terms that XANH SM establishes for that promotion;

(iv) Not convertible to cash or cash equivalent;

(v) Not valid for use after the expiration date stated in the promotion.

6.1. XANH SM and XANH SM’s licensors (if any) of the right to use the Intellectual Property, if You are a Driver, when applicable, grant You a revocable, non-exclusive, non-exclusive license. transferable, limited personal use of the Application for the purpose of providing and using the Services on the basis of these Terms of Use. You only have the rights to use the Intellectual Property granted within the Application and Services.

6.2. Only XANH SM and XANH SM’s licensors (if any) have intellectual property rights and related rights to the Application and/or other supporting software of the Application. The contents of these Terms of Use do not constitute an agreement to sell, assign/transfer to You any ownership rights in or to the Application and/or other supporting software or any other rights. any intellectual property owned by XANH SM.

6.3. When the cooperation contract between XANH SM and Tai Xe terminates for any reason, the Driver is not allowed to use uniforms, hats and any property (even if owned by the Driver) attached to the property. XANH SM’s intellectual property (trademark, logo,…) in activities that may cause confusion that the Driver is still cooperating with XANH SM (for example, transportation business) or any other activity may have a negative impact on XANH SM’s brand.

6.4. The contents of these Terms of Use do not constitute an agreement to sell, assign/transfer to You any ownership rights in XANH SM trademarks, XANH SM logos, Service logos, Application logos.

As a user of the Application, You must keep all information and data related to XANH SM, its services, products, business, marketing and promotion plans or other activities of XANH SM confidential. and XANH SM’s affiliated companies, as well as personal information/data related to the Driver or Driver’s services (if any), personal information/data related to the User that has been disclosed to You by XANH SM or XANH SM’s representative (whether orally or in writing, before, at or after the date of these Terms of Use) or that was obtained by You, indirectly or directly, from XANH SM or any other affiliated companies, or created during the course of entering into these Terms of Use.

XANH SM does not make any representations, warranties or incur any liability as to reliability, punctuality, timeliness, quality, suitability, availability, accuracy or completeness. of the Services provided through the Application, and/or regarding incentives/gifts).

XANH SM does not warrant that:

(i) The application and related supporting software will be completely free of errors or defects.

(ii) The quality of any products, services, information, gifts, offers that You purchase or obtain through the Application will fully meet Your requirements or expectations.

(iii) The Services and Applications will completely meet Your requirements or expectations.

(iv) The Application and/or the server(s) on which the Application operates will be free of viruses or other harmful components.

(v) Use of the Services on the Application and/or other supporting software will be secure, timely, uninterrupted or error-free or may operate in conjunction with any other hardware, software , system or other data.

XANH SM will be exempt from liability in the following cases:

(i) Losses that may be caused to You due to the inability to access and use the Application for the following reasons:

● Unable to access and use the application due to Internet connection error.

● Hardware or software errors beyond the Company’s control.

(ii) Losses due to Internet network errors, machine errors, or system maintenance errors.

You acknowledge and agree that the entire risk arising from the use of the services, offers and any third party services, including, without limitation, transportation services and/or offers Third party offers belong entirely to You and You will not sue XANH SM in any way.

The Services provided through the Application may be subject to limitations, delays, and other problems arising from the use of the internet and electronic communications including the equipment You use or The user is faulty, has no connection, is out of coverage area, is powered off or is inactive. XANH SM will be fully exempted from liability for damages or losses arising from these issues.

By agreeing to the Terms of Use when using the Application, You agree that You will indemnify and hold harmless XANH SM, its licensors and their affiliates, officers, directors, members, such XANH SM employees, attorneys and agents shall be harmless from any and all claims, costs, damages, losses, liabilities and other charges (including attorneys’ fees and costs and/or actions legal) arising out of or in connection with: (a) Your provision/use of the Services and/or Application in dealings with Drivers or Users (as the case may be, or (b) your breach of You to any of these Terms of Use or any law, whether or not referenced herein, or (c) Your violation of any rights of any third party including Drivers or Users arising through the provision/use of the Services, or (d) Your provision/use or provision/misuse of the Services and/or Application; (e ) when operating any means to provide the Services. For clarity, the determination of damages and compensation will be based on the regulations and principles of the current Civil Code.

XANH SM may send notice in the form of a general notice on the website, on the Application, by email to your email address on file with XANH SM, or in writing sent by certified mail. insurance or prepaid mail to Your address stored in the Company’s data.

XANH SM’s notice will be deemed to have been sent to You after 48 hours from the time of posting (if sent by registered or prepaid mail) or after 01 hour after being sent (if sent by email).

You can send notice to XANH SM by email to the email address [xanhsm.com/kh], by mail or by certified mail to the Company’s address according to the contact information as provided on the website. or Application. The time this notice takes effect is from the time XANH SM receives the notice.

You may not transfer your rights and obligations arising under these Terms of Use without the prior written consent of XANH SM. Any intentional transfer of Your rights or obligations arising under these Terms of Use in violation of this section will be considered null and void.

XANH SM may transfer its rights and obligations arising under these Terms of Use without Your consent.

13.1. These terms of use will be governed by the laws of Cambodia.

13.2. In the event of any dispute arising out of and/or related to the signing and implementation of these Terms of Use, XANH SM and You shall resolve it through negotiation. If the dispute cannot be resolved by negotiation, the dispute will be resolved by the competent People’s Court in accordance with the law.

13.3. Notwithstanding anything to the contrary, any claim between Driver and User must be resolved directly with each other.