Welcome to the electronic information page https://www.xanhsm.com/ and Xanh SM Application.

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. This Terms of Service are an electronic legal agreement between You and Xanh SM when You have chosen to use the Services through the Application.

These Terms of Service and any amendments and supplements to these 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.

2. DEFINITIONS AND INTERPRETATION OF WORDS

2.1. “Xanh SM” is XanhSM Sole Co., Ltd. operating under Enterprise Registration Certificated No. 2533/ERO issued by the enterprise registry officials of the Enterprise Registration and Management Department of the Ministry of Industry and Commerce for the first time on 21 August 2023 with Identification number of enterprise 01-00030219;

2.2. “Terms of Service” means the Terms and Conditions 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 work for Xanh SM and is qualified to provide Services to Users in accordance with the 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;

(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 prevailing regulations;

(ii) Do not use information of Xanh SM, Driver 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 if Xanh SM doubt that the provided information is inaccurate and/or incomplete;

(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 these Terms of Service and/or the laws;

(x) When requesting the Services through the Application or when using the Services, You must pay telecommunications fees by yourself according to the policies of the telecommunications service provider that are used by you;

(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;

(xiii) 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, this Terms of Service.

4. PAYMENT

4.1. When 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 the Services in cash, by credit or debit card (“Card”), or any other available payment method in the Application.

4.3. 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.

4.4. If 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 Service.

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

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 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 this 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.

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 this 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 this 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 and/or legitimate use 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 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 this 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, 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 this Terms of Service) or collected indirectly or directly by You from Xanh SM or any other affiliate, or created during the course of this 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 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) 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.

(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

10.1. 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 this 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 prevailing laws and regulations.

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 Company’s data.
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 this Terms of Service without the prior written consent of Xanh SM. Any intentional transfer of Your rights or obligations arising under this Terms of Service in violation of this section will be considered null and void.

Xanh SM may transfer its rights and obligations arising under this 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 this 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 Court in accordance with the laws.

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

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 Application and start using the service.

Step 3:

For Xanh SM Taxi service: Enter trip 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.

Step 4: Users select other information related to the trip

Information: payment method (cash, wallet or international payment card), promotion code (if any) and other notes to receive a detail price.

For Xanh SM Taxi 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 this 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.

Step 5: Payment

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

Step 6: Evaluation

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

Support switchboard: 021988888