Welcome to the electronic information page https://www.xanhsm.com/ and Xanh SM Application of GSM Green and Smart Mobility Joint Stock Company.

1. GENERAL RULES

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

The Terms of Service and any amendments and supplements to the Terms of Service published by Xanh SM are effective at each time the content is posted on the website https://www.xanhsm.com/ and/or on the Application. Use of the Application and/or continued use of the Services through the Application after any changes to the Terms of Service shall be deemed to be Your acceptance of and bound by the Terms of Service. application and the content of such changes.

Before using the Application, You must agree to the Terms of Service and Privacy Policy entirely, and register Yourself by providing information that Xanh SM need.

2. DEFINITIONS AND INTERPRETATION OF WORDS

2.1. “Xanh SM” is GSM Green and Smart Mobility Joint Stock Company operating under Enterprise Registration Certificate No. 0110269067 issued by Hanoi Department of Planning & Investment for the first time on March 1, 2023;

2.2. “Terms of Service” means this Terms of Service of using the Xanh SM Application and its amendments and supplements, policies related to the Service, and the Regulations of using the Service, the Rules of Conduct are published by Xanh SM on the website https://www.xanhsm.com/ and/or on Xanh SM Application from time to time;

2.3. “Services” means delivery, transport, or other services provided by Xanh SM or Xanh SM’s Drivers which are connected through the Application;

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

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

2.6. “Driver” is an individual who cooperate with Xanh SM or an individual who work for Xanh SM and is qualified to provide Services to Users in accordance with the applicable laws;

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

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

2.9. “Driver Account” is the Driver’s Application usage account created and activated on the Application.

3. COMMIT

3.1. Commitment throughout the process of using the Application

You undertake that:

(i) To have full civil capacity as prescribed by law to accept and agree to the Terms of Service;

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

(iii) To use the Application for lawful purposes;

(iv) Do not provide any other person with access rights to the User Account/ Driver Account, including the transfer of the User Account/ Driver Account or information of the User Account/ Driver Account to any other person including the two factor Authentication, PIN, password, and OTP number. We reserve the right to refuse to facilitate orders/transactions if We know or have sufficient reasons to suspect that You have transferred or allowed Your Account to be used by someone else for any reason.

(v) To check and make sure the Application is compatible to load for your mobile device.

3.2. Commitment when using the Service

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 applicable laws;

(ii) Do not use information of Xanh SM, Drivers or User 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) To be solely responsible for maintaining and securing your User Account/ Driver Account password or any identification method that Xanh SM provides You for the use of the Application;

(v) To provide Xanh SM with any proof of identity that Xanh SM may require for the purposes of creating a User Account/ Driver Account and providing the Services;

(vi) To agree to provide accurate, timely and complete information. Xanh SM has the right to terminate your provision and use of the Services at any time 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 the User Account, and/or block built-in features in the Application, without prejudice to Xanh SM’s other rights and remedies when Xanh SM believes that You have violated any terms of the Terms of Service and/or the applicable laws;

(x) When requesting or using the Services through the Application, You are responsible for paying any telecommunications fees according to the policies of your telecommunications service provider;

(xi) The use of the Application, Services and/or integrated features 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 and using the Services. Therefore, the User must wear appropriate safety gear (i.e. seatbelt) while traveling using the Services. You understand that You are required to adhere to the passengers limits as specified for the vehicle type driven by the Driver. The Driver reserves the right to reject or cancel the Service order if the Drivers determines that the number of passengers will exceed the carrying capacity of the vehicles.

(xiii) Goods and luggage left in the vehicle used to provide the Service are not the responsibility of Xanh SM. Xanh SM does not provide storage services and is not obligated to store goods or luggage in any form.

(xiv) To commit to take full legal responsibilities and duties for all losses or damages caused to yourself, Drivers, Xanh SM, Xanh SM’s personnel and any third party when You violate any provisions of law, the Terms of Service.

(xv) You are prohibited from carrying items that are prohibited or that are not in accordance with the applicable laws and regulations, including but not limited to illegal or dangerous items such as narcotics, illegal drugs or hazardous materials and/or items.

4. PAYMENT

4.1. Service Fee will be offered and displayed on the Application before You use the Services. You understand and acknowledge that Xanh SM can change the offer and/or updates the offered Service Fee from time to time based on factors, including location, time, applicable laws and regulations. If there are other costs incurred during the provision of Services for You, including but not limited to toll fees and parking fees, then You are fully responsible for full reimbursement for these additional costs.

4.2. When You have completed using the Services, You are required to pay the Drivers and Xanh SM in full. Any payments made under such option will be non-refundable.

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

4.4. If You choose to pay by Card, You need to register a valid Card in accordance with the regulations shown on the Application. You agree that Xanh SM has right to verify and accept Your Card information when You register your Card at the first time with Xanh SM and when You use the Services.

4.5. If the Card payment is processed abroad, You will bear the costs arising from this payment.

4.6. 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 the Terms of Service.

4.7. You are solely responsible for resolving disputes with the Card issuer.

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

5. PROMOTION

5.1. Xanh SM, may offer promotions with different features and different prices to any User. These promotional offers are subject to the Terms of Service and shall take effect only for certain Users as indicated in the offer. You may choose whether or not to participate in the promotion.

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

(i) Can only be used legally according to the content of the promotion program;

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

(iii) Not convertible to cash or cash equivalent;

(iv) Not valid after the expiration date stated in the promotion.

5.3. Xanh SM may offer various discount policies to any User. Xanh SM has sole discretion to determine the scope of application and terms of the discount policies. By using the Service, You agree to accept the discount policies of Xanh SM.

5.4. You agree to utilize the promotions in accordance with the corresponding terms, conditions, and purpose of such promotions and will not abuse, duplicate, monetize, transfer, use for commercial purposes or take unfair advantage of the promotions in any form of manner whatsoever.

6. LICENSING AND INTELLECTUAL PROPERTY RIGHTS

6.1. If You are a Driver, when applicable, Xanh SM and Xanh SM’s licensors (if any) grant You a revocable, non-exclusive, non-transferable license, personal, limited to the use of the Application for the purpose of using the Service on the basis of the Terms of Service. 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 (“Intellectual Property”). The content of the Terms of Service does not constitute an agreement to trade, assign/transfer to You any ownership of or in connection with the Application and/or other supporting software or any other intellectual property right in the possession of Xanh SM.

6.3. When the contract between Xanh SM and the Driver terminates for any reason, the Driver is not allowed to use uniforms, helmet and any property (even if owned by the Driver) associated with Xanh SM’s intellectual property (brand, logo,…) for activities that may cause confusion that the Driver is still cooperating with Xanh SM (for example, transportation business activities) or any other activities that may causing negative impacts on Xanh SM’s brand.

6.4. The content of the Terms of Service does not constitute an agreement to trade, assign/transfer to the Consumer any ownership of the Xanh SM’s trademarks, logos, the Service’s logos, the Application’s logos.

7. SECURITY

As a user of the Application, You must keep confidential all information and data relating to Xanh SM, staffs of Xanh SM, the services, products, businesses, marketing and promotion plans or other activities of Xanh SM and its affiliates, as well as information/ privacy data regarding the Drivers or services of the Drivers that has been disclosed to You by Xanh SM or its representative (whether orally or in writing, before, at or after the date of the Terms of Service) or collected indirectly or directly by You from Xanh SM or any other affiliate, or created during the course of the Terms of Service.

8. DISCLAIMER

The Company does not make any representations or warranties or incur any liability for the reliability, punctuality, timeliness, quality, suitability, availability, accuracy or completeness of the Service provided on the Application and/or in terms of offers/gifts.

The Company makes no warranties that:

(i) The Application and the related support software will be free of bugs or defects.

(ii) The quality of any product, service, information, gift, or offer that You purchases or acquires through the Application will fully meet his/her 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) The use of the Service on the Application and/or other supporting software will be safe, timely, uninterrupted or bug-free or may be operated in conjunction with any other hardware, software, system or any data.

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

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

● Inability to access and use the Application due to Internet connection error.

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

● Negligence of the User/Driver in maintaining security regarding the User Account and/or Driver Account;

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

You acknowledge and agree that all risk arising from the use of the services, offers and any third party services, including, without limitation, transportation services and/or offers of a third party, are entirely Your own and You will not sue Xanh SM in any way.

9. INTERNET ERROR

The Services provided through the Application may be subject to limitations, delays, and other problems resulting from the use of the internet and electronic communications including the equipment You use or the Driver uses is faulty, without connection, out of coverage, off or inactive. Xanh SM will be fully exempted from liability for damages or losses arising from these issues.

10. LIMIT

By your agreement to the Terms of Service when using the Application, You agree that You will indemnify and hold Xanh SM, its licensors and their affiliates, officers, directors, members, such Xanh SM employees, attorneys and agents harmless against 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 the Drivers or the Users (as the case may be), or (b) your breach to any of the Terms of Service or any law, whether or not referenced herein, or (c) Your violation of any rights of any third party including the Drivers or the 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 avoid doubt, the determination of damages and compensation will be based on the regulations and principles of the applicable laws.

11. NOTIFICATION

Xanh SM may send a notice in the form of a general notice on the website, on the Application, by email to your email address in Xanh SM’s record, or in writing sent by registered mail or prepaid mail to Your address stored in the Xanh SM’s database.
Xanh SM’s notice will be deemed to have been sent to You 48 hours after ending (if via a registered mail or prepaid mail) or after 1 hour after sending (if via e-mail).

You can send notice to Xanh SM by email to the email address [email protected], by mail or by registered mail to the Xanh SM’s address according to the contact information as provided on the website or the Application. This notice takes effect from the time Xanh SM receives the notice.

12. TRANSFER

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

Xanh SM may transfer its rights and obligations arising under the Terms of Service without Your consent.

13. DISPUTE RESOLUTION

13.1. In the event of any dispute arising out of and/or related to the signing and implementation of the Terms of Service, 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 by the competent court in accordance with the applicable laws.

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

14. PERSONAL INFORMATION

Collection, storing, processing, use and sharing of Your personal information, such as identity data, contact data, location data You provided when opening an Account are subject to the Privacy Policy, which is an integral part of the Terms of Service.

15. APPLICATION SOFTWARE

We only provide official Application software on Google Play Store or Apple App Store, and for use on mobile phones or tablet devices only. The downloading the Application which is not Google Play Store or Apple App Store and/or to devices other than mobile phones or tablets is a violation of the Terms of Service and of Our intellectual property rights.

To get the best experience while using the Application, Xanh SM may, from time to time, develop the Application including modifications, repairs, enhancement, updates, additions, and all programs, features, data and information within the Application (“Update”). The use of these Updates are to enhance the functions of the Application and to provide You an improved and enhanced experience.
Updates may be made and performed automatically or may require action from You. You agree to receive such Updates when available and permit Xanh SM to deliver them to you as part of your use of the Application. Please note that the Application may not operate optimally or may not operate at all if the Update is not installed or carried out by You. While the Updates may be automatically deployed or require your manual intervention, please be advised that in the event any form of discrepancies exist due to possible gaps between those Updates, usage of the Application represents your confirmation that the latest version shall prevail.

We cannot guarantee that Updates will be available, or that those Updates will be compatible or always compatible with your mobile device specifications and/or your operating system.

Step 1: Download and install the Application to your phone

Step 2: Create an account

Users follow the instructions, providing information about their full name and phone number; An activation code will be automatically sent by the system to the registered phone number; Enter the activation code into the App and start using the service.

Step 3:

For Xanh Bike service: Enter trip itinerary information on the Applcation.

For Xanh Express service: Enter order and itinerary information on the Application.

The user enters all of the following information into the corresponding fields: Place of pick-up, place of receipt; Shipper information, consignee information; type of service; mass.

For Xanh SM Platform service: Enter trip itinerary information on the Applcation

For Xanh Taxi service: Enter trip itinerary information on the Applcation.

Step 4:

Users select other information related to the trip

Information: payment method (cash, card or any other payment method available in the Application), promotion code (if any) and other notes to receive a detail price.

For Xanh Bike service:
The user confirms the service.
Service order of the User will be routed to the nearest Driver and the Driver will move to the Pickup Point to pick up the User.

For Xanh Express service:
The user confirms service .
Service order of the User will be the nearest Driver and the Driver will move to the Pickup Point to check the Goods and make delivery to the Recipient.

The User’s confirmation of the service order is understood that the user has read, understood and agreed to the Terms of Service, and acknowledges that the service order together with the Terms of Service is a legal agreement under electronically between the User and Xanh SM.
For Xanh SM Platform service: The user confirms the service.

Service order of the User will be routed to the nearest Driver and the Driver will move to the Pickup Point to pick up the User.

The User’s confirmation of the service order is understood that the user has read, understood and agreed to the Terms of Service, General term of Passenger Transporation Contract published in Xanh SM’s website and acknowledges that the service order together with General term of Passenger Transporation Contract is a legal agreement under electronically between the User and Xanh SM.

For Xanh Taxi service: The user confirms the service.

Service order of the User will be routed to the Driver and the Driver will move to the Pickup Point to pick up the User.

The User’s confirmation of the service order is understood that the user has read, understood and agreed to the Terms of Service published in Xanh SM’s website.

Step 5: Payment

The Users make payment according to the selected method displayed on the Application (e.g. in cash, Card or any other payment method available in the Application) after using the Service.

Step 6: Evaluation

The User evaluate the Service and send questions, complaints/reflections on Service quality (if any).

Support switchboard: 19002088

1. General rules

1.1. The Application allows You to search and connect with the Driver who provide transportation service by taxi.

1.2. The Xanh SM Platform service is provided within Hanoi city, Ho Chi Minh city and localities where Xanh SM is qualified to provide Service according to the laws and service business necessity from time to time.

2. Service provision process

Process for the Driver

Step 1: Turning on online mode when ready to be connected to the User

Step 2: The driver confirms the order to receive the trip from the Application

Step 3: Starting the trip

– The Dirver provides the Services to the User according to the request entered on the Application.

Step 4: Payment

– The Dirver receives the User’s payment if the User chooses to pay in cash.

Step 5: Ending the trip

– At the end of the trip, evaluate, send questions, complain/reflect on service quality (if any).

Support hotline: 02471096839

3. Fee schedule, payments, invoices

3.1. Tariff

Complying with the fee schedule issued from time to time.

3.2. Payment

You can choose to pay fees to the Driver and Xanh SM by cash, Card or any other payment method available in the Application.

4. Service Regulations

4.1. The Users/Customers, the Driver and related parties must comply with and fully implement the Terms of Service published by Xanh SM.

4.2. When making a trip, User/Customer and Driver must be self-aware, strictly obey traffic rules, and maintain safety for themselves and others.

4.3. The Dirver who drives the vehicle must be responsible on ensuring the safety of the vehicle when providing transportation services to customers under the law.

Dirver has the right to refuse to provide Services if the User/Customer carries oversized objects that the Dirver assesses as potentially violating traffic regulations for passenger vehicles, and does not ensure traffic safety rules.

4.4. The User/Customer commits that the luggage and property they carry are not on the list of goods banned from circulation or goods not allowed to be transported on passenger vehicles according to the laws. To avoid doubt, all violations of the Users/Customers related to luggage/property carried will be the sole responsibility of the Users/Customers. If the User/Customer violates the regulations on carry-on baggage, the User/Customer commits to be responsible on compensation for any damages incurred by Xanh SM and/or the Dirver. In this case, Xanh SM and/or the Driver has the right to request inspection of the User’s/Customer’s carry-on luggage if there is any doubt. To avoid misunderstanding, the requesting and/or performing inspection of the User’s/Customer’s carry-on baggage does not mean that Xanh SM and/or the Dirver are responsible for the User’s carry-on baggage. The User/Customer, in all cases, remains fully responsible for the baggage carried by them.

5. Rights and obligations of the parties

5.1. The Users are obligated to comply with applicable laws, the Terms of Service, and other Xanh SM’s policies when using the Services.

5.2. The Driver are obligated to comply with the laws, the Terms of Service, the Driver Code of Conduct and other Xanh SM’s policies when providing the Services.

5.3. Xanh SM is obligated to comply with laws and fulfill the obligations stipulated in the Terms of Service.

1. General rules

1.1. The Application allows You to search and connect with the Drivers who provide transportation service by electric motorbike.

1.2. The Xanh Bike service is provided within Hanoi city, Ho Chi Minh city and localities where Xanh SM is qualified to provide Service according to the laws and service business necessity from time to time.

2. Service provision process

Process for the Driver

Step 1: Turn on online mode when ready to be connected to the User

Step 2: The Driver confirms the order to receive the trip from the Application

Step 3: Starting the trip

– The Driver provides the Services to the User according to the request entered on the Application.

Step 4: Payment

– The Driver receives the User’s payment if the User chooses to pay in cash.

Step 5: Ending the trip

– At the end of the trip, evaluate, send questions, complain/reflect on service quality (if any).

Support hotline: 02471096839

3. Fee schedule, payments, invoices

3.1. Tariff

Complying with the fee schedule issued from time to time.

3.2. Payment
You can choose to pay fees to the Drivers and Xanh SM by: cash, Card or any other payment method available in the Application.

3.3. Billing

Invoices for transportation services and platform usage fees are issued and provided you by Xanh SM on behalf of the related parties. Xanh SM will issue an invoice with the buyer’s name as “Buyer does not take invoice” according to the law if you do not request an invoice for these types of expenses. The issued invoices are electronic invoices.

4. Service Regulations

4.1. The Users/Customers, the Drivers and related parties must comply with and fully implement the Terms of Service published by Xanh SM.

4.2. When making a trip, Users and Drivers must be self-aware, strictly obey traffic rules, and maintain safety for themselves and others.

4.3. The Driver who is the vehicle driver must be responsible on ensuring the safety of the vehicle when providing transportation services to customers under the law.
Driver has the right to refuse to provide Services if the User/Customer carries oversized objects that the Driver assesses as potentially violating traffic regulations for passenger vehicles, and does not ensure traffic safety rules.

4.4. The User/Customer commits that the luggage and property they carry are not on the list of goods banned from circulation or goods not allowed to be transported on passenger vehicles according to the laws. To avoid doubt, all violations of the Users/Customers related to luggage/property carried will be the sole responsibility of the Users/Customers. If the User/Customer violates the regulations on carry-on baggage, the User/Customer commits to be responsible on compensation for any damages incurred by Xanh SM and/or the Driver. In this case, Xanh SM and/or the Driver has the right to request inspection of the User’s/Customer’s carry-on luggage if there is any doubt. To avoid misunderstanding, the requesting and/or performing inspection of the User’s/Customer’s carry-on baggage does not mean that Xanh SM and/or the Drivers are responsible for the User’s carry-on baggage. The User/Customer, in all cases, remains fully responsible for the baggage carried by them.

5. Rights and obligations of the parties

5.1. The Users are obligated to comply with applicable laws, the Terms of Service, and other Xanh SM’s policies when using the Services;

5.2. The Drivers are obligated to comply with the laws, the Terms of Service, the Driver Code of Conduct and other Xanh SM’s policies when providing the Services.

5.3. Xanh SM is obligated to comply with laws and fulfill the obligations stipulated in the Terms of Service.

1. General rules

1.1. The Application allows You to search and connect with the Drivers who provide goods transportation services (“Goods”) by electric motorbike.

1.2. Xanh Express service is provided in localities where Xanh SM is qualified to provide according to the laws and service business necessity from time to time.

2. Process for Drivers

Step 1: Turn on online mode and receive delivery orders

Step 2: The Driver confirms order receiving order from the Application

Step 3: Starting the delivery order

– The Driver confirms the order has been picked up on the Application.

– The Driver performs the provision of Services to the User according to the request entered on the Application.

– The Driver confirms successful or failed delivery on the Application.

– The Driver contacts the User to refund the failed delivery order.

Step 4: Payment

– The Driver receives the User’s payment if the User chooses to pay in cash.

Step 5: Finishing the order

Finishing the orders, evaluate, send questions, complain/reflect on service quality (if any).

Support hotline: 02471096839

3. Fee schedule, payments, invoices

3.1. Tariff

Complying with the fee schedule issued from time to time.

3.2. Pay

You can choose to pay fees to the Drivers and Xanh SM by: cash, Card or any other payment method available in the Application.

3.3. Billing

Invoices for delivery services and platform usage fees are issued and provided you by Xanh SM on behalf of the related parties. Xanh SM will issue an invoice with the buyer’s name as “Buyer does not take invoice” according to the law if you do not request an invoice for these types of expenses. The issued invoices are electronic invoices.

4. Service Regulations

4.1. For the Users /Customers

4.1.1. The Users/Customers must comply with and properly and fully implement the Terms of Service and other policies published by Xanh SM when using the Service.

4.1.2. Users/Customers may not send any packages containing the following items:

(a) Drugs, mental stimulants;

(b) Precious metals (gold, silver, etc. in the form of bars, bars, coins, etc.);

(c) Hazardous goods;

(d) Guns, weapons, ammunition, military technical equipment;

(e) Cigarette;

(f) Perishable goods (items whose original state or properties may be damaged by excessive changes in temperature, humidity or time), except flowers and foods;

(g) Depraved and reactionary publications, printed matters or documents against public security;

(h) Items or substances that are flammable, explosive or unsanitary, causing environmental pollution;

(i) Items and Goods prohibited from circulation and sale according to the laws;

(j) Live animals;

(k) Fur;

(l) Items, publications, and goods banned from import into Vietnam;

(m) Vietnamese currency, foreign currency and documents of equivalent value;

(n) Antiques (fragile);

(o) Addictive substances;

(p) Other Goods as prescribed by law or updated by Xanh SM.

4.1.3. The User/Customer represents and warrants that You are the owner or the owner’s authorized representative of the Goods and accept the Terms of Service.

4.1.4. The User /Customer is resposible for ensuring that the delivery details (e.g. recipient name, contact details and delivery address) entered by You on the Application are accurate and complete. Xanh SM is not responsible in case of late or failed delivery due to incorrect delivery details you entered on the Application.

4.1.5. The User represents and warrants that You are duly authorized by the consignee to provide the consignee’s details (e.g. name, contact details and delivery address) to Xanh SM and the Driver (in how to enter information on the Application or otherwise).

4.1.6. The User represents and warrants that the description and details of the Goods You supply are accurate and complete. Before commencing the delivery, You must inform the Driver of any specific precautions that need to be taken to properly handle the Goods.

4.1.7. User represents and warrants that the Goods have been properly and adequately packaged, stowed, labeled and marked in a manner appropriate to any activity or transaction that may affect delivery of the Goods and their characteristics.

4.1.8. The User must provide complete and actionable instructions to the Driver. If Your instructions are not complete and feasible, the Driver may refuse to deliver.

4.1.9. The User is solely responsible for delay in receipt of goods or for loss, damage, contamination, contamination or forfeiture before, during or after shipment or to any person. or any organization directly or indirectly affected by the User/Customer.

4.1.10. Postal items are accepted when all of the following conditions are met:

– Does not contain the items and goods specified in Point 4.1.2 above;

– There is information related to the sender, recipient on the postal item, and other information required to be provided on the Application;

– Have the Driver confirm the order to receive the order from the Application;

– Packaged and wrapped as required (if any).

4.2. For the Driver

4.2.1. The Drivers and related parties must comply and properly and fully implement the Terms of Service and other policies published by Xanh SM.

4.2.2. When making a Goods delivery order, the Drivers must be self-aware, strictly obey traffic rules, and maintain safety for themselves and the others.

4.2.3. The Driver who is the vehicle driver must be responsible on ensuring the safety of the vehicle when providing transportation services to customers under the law.

4.2.4. The Driver and Xanh SM have the right to refuse to provide Services if the User carries oversized objects that the Driver assesses as potentially violating traffic regulations for passenger vehicles, and does not ensure traffic safety rules; or suspect that the Goods are on the list of goods banned from circulation or goods that are not allowed to be transported in accordance with the laws.

4.2.5. Xanh SM and/or the Drivers have the right to request an inspection of the User’s Goods if they suspect that the Goods are oversized/overloaded or are on the list of goods banned from circulation, and the Goods are not allowed to be transported in accordance with the laws.

5. Responsibility compensation

5.1. Value of Goods

5.1.1. The Value of the Goods (“Goods Value”) determined in accordance with this Section shall be the basis for calculating Xanh SM’s compensation liability specified in Section 5.3 below. The value of the Goods will be determined as the value recorded/shown on the legal invoice issued by the seller to the User upon purchasing of such Goods (“Invoice”), provided that the description of the Goods is stated on the Invoice matches with the description that the User himself has written on the Order.

5.1.2. High-value goods are goods with a Goods Value of 2,000,000 VND (Two million dong) or more according to a legal invoice, or goods that the User believes are worth more than 2,000,000 VND (Two million dong);

5.1.3. Legal invoices are:

• A value-added invoice meets the validity conditions according to the laws, if the seller is an enterprise declaring value-added tax (“VAT”) according to the deduction method;
• Sales invoice, if the seller is a business declaring VAT using the direct method; or comparative value;
• Customs declaration dossier, if Goods are imported from abroad into Vietnam.

5.2. The User’s liability for damages:
The Users are obliged to compensate all damages caused to Xanh SM and the related parties (if any) in the case of:

• Damage that occurs directly or indirectly due to the User’s fault;
• The Goods is on the list of goods prohibited or restricted from trading/transportation in accordane with the laws;
• The Goods are not packaged properly which lead to breakage and affect the Goods of other customers.

5.3. Xanh SM’s responsibility to compensate for damages:

5.3.1. Compensation principle
Xanh SM is responsible for compensation for damages according to the following principles:

(i) Compensation for direct damages is made on the basis of agreements related to the provision and use of delivery services between Xanh SM and the Users. No compensation shall be made for an indirect damage or a benefit not generated from the provision of postal services of quality lower than that agreed by the parties

(ii) The Goods that are loss, damage or fraudulent alteration of the whole will be compensated according to regulations for each type of service.

(iii) No compensation shall be made for the following cases:

• The delivery service without documents confirming acceptance of the Goods;
• Service users have no documents proving service use.
• Damage is entirely caused by the postal service user’s breach of contract or a natural characteristic or inherent defect of the object contained in the delivery article;
• The User fails to evidence the sending of and harm or damage to the delivery article and its damage;
• The Goods has been delivered and the recipient makes no complaint upon receiving it;
• Goods has been confiscated or destroyed under the laws;
• The User fails to strictly comply with complaints in accordance with the laws.

5.3.2. Compensation level

(i) In case the sent Goods are loss, damage or fraudulent alteration of the whole:

(ii) In case the Goods are lost, damaged or partially alteration:
The compensation amount is determined on the basis of actual damages, but is not higher than the limit of liability for total damages for that service. Specifically:

Compensation amount = Compensation amount for the whole damages specified in Section 5.3.2(i) x (multiplied by) compensation rate (specified in the Compensation Value Table for Damaged Goods below)

(iii) Note:

• In all cases, the compensation level is not lower than 04 (four) times of the service fee of the used Service.
• If the Customer cannot provide a legal Invoice for the Goods, they will compensate 04 (four) times of the service fee of the used Service.
• If the Goods are partially lost or damaged and the Customer can provide Invoice documents showing the value of the Goods, Xanh SM is responsible for compensating the value of the part that is lost or damaged of the Goods.
• If Xanh SM compensates 100% of the value of the Goods, Xanh SM will have ownership of the Goods in that Order. The Customer undertakes to execute the necessary documents for the purpose of transferring ownership of such Goods.
• Xanh SM will only settle complaints within (i) 06 months from the date of expiration of the full delivery process of the Goods (24 hours from the acceptance of the Goods) for complaints about the loss of the Goods; and (ii) 01 month from the date of delivery of the Goods to the recipient, for complaints about damage, postage rates and other matters directly related to the Goods.
• For orders which the Cash on Delivery is advanced:
  + If the Customer does not refund the COD payment to the Driver, the compensation amount will be the COD payment amount that the Driver previously advanced to the Customer.
  + If the Customer has refunded the COD payment to the Driver, the compensation amount will be according to the compensation level above.
• Goods delivered and received at the station: Xanh SM refuses to compensate for orders delivered/received at the station.

(iv) For the high-value goods, the User shall purchase cargo inland transit insurance (“Insurance”) under insurance policy (“Insurance Policy”) published by Xanh SM from time to time. The Insurance purchase is carried out in electronic transactions via the Application.

If the Driver damages/ lose the high-value goods which the User has purchased Insurance for, the compensation shall be determined and considered in accordance with the Insurance Policy but not exceeding the maximum amount of compensation of each insurance package that you have chosen, particularly shown in the table below.

For clarification, Documents are type of information-carried goods including texts, deeds, contracts, minutes, agreements, diagrams, records, plans, books, letters, certificates and the relevant types except for bearer bonds, vouchers, coupons, checks, cash or other transferable documents.

(v) If User does not purchase Insurance when using Service to deliver the high value goods, the compensation shall be implemented in accordance with Sub-section (i), (ii), (iii) of this Section 5.3.2.

5.3.3. Compensation period

The at-fault Party has the obligation to compensate the other Party within 30 (thirty) days from the date of a document determining liability for damages agreed by the Parties and provided that the Customer provides full of required invoices and documents.

1. General rules

1.1. The Application allows You to search and connect with the Drivers who provide transportation service by car under a transporation contract.

1.2. The Xanh SM Platform service is provided within Hanoi city, Ho Chi Minh city and localities where Xanh SM is qualified to provide Service according to the laws and service business necessity from time to time.

2. Service provision process

Process for the Drivers

Step 1: Turn on online mode when ready to be connected to the User

Step 2: The Driver confirms the order to receive the trip from the Application

Step 3: Starting the trip

– The Driver provides the Services to the User according to the request entered on the Application.

Step 4: Payment

– The Driver receives the User’s payment if the User chooses to pay in cash.

Step 5: Ending the trip

– At the end of the trip, evaluate, send questions, complain/reflect on service quality (if any).

Support hotline: 02471096839

3. Fee schedule, payments, invoices

3.1. Tariff

Complying with the fee schedule issued from time to time.

3.2. Payment

You can choose to pay fees to the Drivers and Xanh SM by: cash, Card or any other payment method available in the Application.

3.3. Billing

Invoices for transportation services and platform usage fees are issued and provided you by Xanh SM on behalf of the related parties. Xanh SM will issue an invoice with the buyer’s name as “Buyer does not take invoice” according to the law if you do not request an invoice for these types of expenses. The issued invoices are electronic invoices.

4. Service Regulations

4.1. The Users/Customers, the Drivers and related parties must comply with and fully implement the Terms of Service published by Xanh SM.

4.2. When making a trip, Users and Drivers must be self-aware, strictly obey traffic rules, and maintain safety for themselves and others.

4.3. The Driver who drives the vehicle must be responsible on ensuring the safety of the vehicle when providing transportation services to customers under the law.

Driver has the right to refuse to provide Services if the User/Customer carries oversized objects that the Driver assesses as potentially violating traffic regulations for passenger vehicles, and does not ensure traffic safety rules.

4.4. The User/Customer commits that the luggage and property they carry are not on the list of goods banned from circulation or goods not allowed to be transported on passenger vehicles according to the laws. To avoid doubt, all violations of the Users/Customers related to luggage/property carried will be the sole responsibility of the Users/Customers. If the User/Customer violates the regulations on carry-on baggage, the User/Customer commits to be responsible on compensation for any damages incurred by Xanh SM and/or the Driver. In this case, Xanh SM and/or the Driver has the right to request inspection of the User’s/Customer’s carry-on luggage if there is any doubt. To avoid misunderstanding, the requesting and/or performing inspection of the User’s/Customer’s carry-on baggage does not mean that Xanh SM and/or the Drivers are responsible for the User’s carry-on baggage. The User/Customer, in all cases, remains fully responsible for the baggage carried by them.

5. Rights and obligations of the parties

5.1. The Users are obligated to comply with applicable laws, the Terms of Service, and other Xanh SM’s policies when using the Services.

5.2. The Drivers are obligated to comply with the laws, the Terms of Service, the Driver Code of Conduct and other Xanh SM’s policies when providing the Services.

5.3. Xanh SM is obligated to comply with laws and fulfill the obligations stipulated in the Terms of Service.