Driver Application Terms Of Use
Parties
About these Terms of Use
Please read these Terms of Use carefully. This is an electronic agreement between You and the Company and by registering for or using the Driver Application or any other part of the System, You confirm that You have read, understood, accepted and agreed with these Terms of Use and will be bound by them. If You do not agree to be bound by these Terms of Use, You may not access or use the Driver Application or any other part of the System.
About the Company
the Company will (i) provide the Partner and You with access to the System; and (ii) facilitate the Partner and You to connect with Users in order to allow the Partner and You to provide the Transportation Services to Users; and
the Partner and You will provide the Transportation Services to Users; and
the Partner will take full responsibility for the management of its drivers (including You) and Vehicles.
Definitions and Interpretation
Definitions
In these Terms of Use, the following terms have the following meanings:
Account means the registered account You obtained to access the System.
Affiliate means, in relation to a party, any entity that controls, is under the control of, or is under common control with, that party, where control means the direct or indirect ownership of more than 50 per cent of the voting capital or similar right of ownership of that party or the legal power to direct or cause the direction of the general management and policies of that party, whether through the ownership of voting capital, by contract or otherwise, and controls and controlled shall be interpreted accordingly.
Applicable Law means all applicable codes, laws, ordinances, decrees, circulars, decisions, other legal instruments carrying the force of law, regulations, regulatory policies, ordinances, protocols, industry codes, road traffic codes, regulatory permits, regulatory licences or requirements of any court, tribunal or governmental, statutory, regulatory, judicial, administrative or supervisory authority or body, which are in force from time to time during the term of these Terms of Use.
Business Cooperation Agreement means the business cooperation agreement entered into by the Company and the Partner to cooperate in provision of the Transportation Service to Users and share business results thereof.
Charges means (i) tolls, road-usage charges, parking charges, building, airport or other area entrance charges incurred by You during the provision of the Transportation Services when the User is on-board the Vehicle (but not before or after), which shall be reimbursed by the User and (ii) any other amounts payable by the User directly to You in accordance with the User Terms of Use, inclusive of any Applicable Taxes in respect of the foregoing, calculated in accordance with Applicable Law.
Claim means, in relation to a party, a demand, claim, action or proceeding made or brought by or against the party, however arising and whether present, unascertained, immediate, future or contingent.
Community Guidelines means the document set out [here].
Data Protection Legislation means any laws and regulations, whether existing on or after the date of these Terms of Use, regulating the protection of personal information (as amended, consolidated or re-enacted from time to time) which relates to the protection of individuals with regard to the processing of personal data to which a party of these Terms of Use is subject to.
Driver Application means the electronic application supplied by the Company and/or its Affiliates to You, and which allows You to receive and accept Transportation Service orders on behalf of the Partner.
Driver Blog means the driver blog set out in the link https://www.gojek.com/vn/blog/category/driver-partners/.
Driver Wallet means the feature within the Driver Application that records the balance You (on your own behalf or on behalf of the Partner) place with the Company and] the amounts disbursed by the Company to You (on your own behalf or on behalf of the Partner), or by You (on your own behalf or on behalf of the Partner) to the Company (as the case may be). The Driver Wallet is neither an e-wallet account nor a bank account.
Incentive Payments has the meaning given to it in clause 9.4.
Liabilities means debts, obligations, liabilities, losses, expenses, costs, Incentive Payments and damages of any kind and however arising, including penalties, fines, and interest and including those which are prospective or contingent and those the amount of which for the time being is not ascertained or ascertainable.
Loss means losses, liabilities, Claims, proceedings, actions, demands, damages, costs, charges, expenses or diminution in value, however arising, and whether present or future, fixed or unascertained, actual or contingent.
Mobile Device means a compatible smartphone, tablet or other mobile device owned or controlled by You which You use to access and connect to the Driver Application.
Partner means the licensed service provider of Transportation Service, (a) on behalf of which You carry out the Transportation Service, either (i) as an employee or a cooperative member of, or (ii) in accordance with such other agreement in compliance with Applicable Law, and (b) which cooperates with the Company under the Business Cooperation Agreement to enable the Partner and You to provide the Transportation Service to Users.
Policies means the Community Guidelines, the Privacy Policy, and any other policies, guidelines or information made available by the Company and/or its Affiliates from time to time either to You directly (including via the Driver Application, Driver Blog or to Your email address set out in Your Account) and/or indirectly via the Partner, in each case as updated from time to time.
Privacy Policy means the privacy policy of the Company as set out in the link https://www.gojek.com/en-vi/mobile/terms/privacy-policy/ and updated from time to time.
Rules has the meaning given in clause 13(b).
System means the IT system, including the Driver Application, maintained and operated by the Company in order to support the Partner and You with the provision of the Transportation Service.
Transportation Contract means the electronic contract entered between the Partner and the User via the System for provision of Transportation Service.
Transportation Service means the supply of passenger transportation by car under electronic contract, as defined under Decree No. 10/2020/ND-CP of the Government dated 17 January 2020, provided to the User by the Driver on behalf of the Partner via the Vehicle.
User means a registered end user of the User Application.
User Applicationmeans the user-facing electronic application supplied by the platform provider for Users to connect with the You and/or the Partner via the System.
User Fees has the meaning given to it in the Business Cooperation Agreement.
User Information means information about a User made available to You and the Partner by or on behalf of the Company or its Affiliates, which may include the User’s name, pick-up and drop-off location, contact information and photo.
User Terms of Use means the terms of use that apply to a User’s use of the User Application, as updated from time to time.
Vehicle means the car, with nine (9) seats or less, which is registered with the Partner and the relevant Department of Transport as required by the Applicable Law, and that is notified to the Company in respect of Your Account and which You use for the purpose of providing Transportation Service, and, where required under Applicable Law, is subject to a contract for service between the Partner and You and/or the owner of the car.
Interpretation
In these Terms of Use, the following rules apply unless the context requires otherwise:
any phrase introduced by the terms “including”, “include”, “in particular”, “for example”, or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms;
the singular includes the plural, and the converse also applies;
if a word or phrase is defined, its other grammatical forms have a corresponding meaning;
a reference to a person includes a corporation, trust, partnership, unincorporated body or other entity, whether or not it comprises a separate legal entity, and an individual;
a reference to a clause or appendix is a reference to a clause of, or appendix to, these Terms of Use;
a reference to an agreement or document (including a reference to these Terms of Use) is to the agreement or document as amended, supplemented, novated or replaced, except to the extent prohibited by these Terms of Use or that other agreement or document, and includes the recitals, schedules and annexures to that agreement or document;
a reference to writing includes any method of representing or reproducing words, figures, drawings or symbols in a visible and tangible form;
a reference to a party to these Terms of Use or another agreement or document includes the party’s successors, permitted substitutes and permitted assigns (and, where applicable, the party’s legal personal representatives); and
a reference to legislation or to a provision of legislation includes a modification or re-enactment of it, a legislative provision substituted for it and a regulation or statutory instrument issued under it.
These Terms of Use are drafted in the English and Vietnamese languages. If there is any inconsistency between the English and Vietnamese languages of these Terms of Use, the Vietnamese language text shall in any event prevail.
Your responsibilities
Your Account
Your use of the System
Your Mobile Device
Your relationship with the Company
Financial Terms
Warranties, indemnities and liability
Termination
Privacy
Disputes
General