The User, by making an order for the Transportation Service via the User Application, and the Transportation Provider, by accepting the order of the User, acknowledge and agree that the User and the Transportation Provider have read, understood and agreed with the rights and obligations of the parties pursuant to the particular terms of service (“Particular Terms”), engaged in via the User Application, and these general terms of service (“General Terms”), which shall together constitute an electronic transportation service agreement between the User and the Transportation Provider (the “Agreement”). This Agreement constitutes a proper agreement between the parties related to the Transportation Services.

1. Definitions and interpretations
   

   In this Agreement, the following terms have the following meaning:
   
   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 fifty per cent (50%) 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 law, by-laws, enactments, 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 this Agreement.
   
   Charges means (i) any tolls, road-usage charges, parking charges, building, airport or other area entrance charges incurred by the Driver 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 the Driver in accordance with this Agreement or the Policies, inclusive of any applicable Taxes in respect of the foregoing, calculated in accordance with Applicable Law.
   
   Driver means the individual driver who operates the Vehicle to provide the Transportation Service pursuant to a labour contract, cooperation contract or other lawful contract with the Transportation Provider.
   
   Gojek means Go Viet Technology Trading Joint Stock Company.
   
   Platform Fee means, in relation to each instance of Transportation Service, a fixed administrative fee (inclusive of any applicable Tax) as determined and announced from time to time, which shall be charged to the User. 
   
   Policies means any policies, guidelines or directions applicable to the User, as notified by Gojek from time to time, and as may be updated by Gojek from time to time.
   
   System means the IT system provided by Gojek and/or its Affiliates to connect the Transportation Provider with the User, including the User Application and related software, websites, platforms, payment services and other support systems and services. For the avoidance of doubt, the System does not include the Transportation Service itself, as it is provided by the Transportation Provider directly to the User.
   
   Tax includes value added tax, corporate income tax, personal income tax and any other tax, fee, deduction, duty or withholding that is imposed by the tax authority, and any related interest, penalty, charge, fee or other amount.
   
   Terms of Use means the User Terms of Use entered into by the User when using the System. 
   
   Transportation Provider means the provider of the Transportation Service, whose details are shown in the Particular Terms.
   
   Transportation Service means the supply of passenger transportation by car under electronic agreement, 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 Transportation Provider via the Vehicle.
   
   Trip means a completed instance of provision of the Transportation Service, whereby the Driver has transported the User from the first pick-up location to the final drop-off location .
   
   Trip Fare means, in respect of each Trip, the fare for Transportation Services payable by the User (before the application of any Voucher)
   
   User means a registered end user of the User Application, using the Transportation Service via the System whose details are shown in the Particular Terms.
   
   User Application means the electronic application supplied by Gojek and/or its Affiliates for the User to connect with the Transportation Provider.
   
   User Fees means the fee payable by the User for each instance of the Transportation Service (which shall include a (i) Trip Fare and (ii) Platform Fee and any applicable Taxes calculated in accordance with Applicable Law). 
   
   Vehicle means the car, with nine (9) seats or less, as registered with the Transportation Provider and the relevant Department of Transport as required by the Applicable Law, used by the Driver for the purpose of providing the Transportation Service on behalf of the Transportation Provider.
   
   Voucher means any promotions by Gojek and/or its Affiliates, that when validly applied by User on the User Application, allows the User to receive the promotion credits to offset against User Fees and Charges subject to the terms and conditions specified by Gojek and/or its Affiliates. 

2. Rights and obligations of the Transportation Provider

   1. Rights of the Transportation Provider
      1. Be fully paid the User Fees by the User, subject to any agreement with other parties.
      2. Report any violations of the User to Gojek or denounce and make complaints to competent authorities when the User has any violations of the Agreement, Terms of Use, Policies or Applicable Law, including but not limited to:
         1. infringing lawful rights and benefits, life, health, property, honor, and dignity of Transportation Provider, the Driver or other third parties;
         2. not paying User Fees to the Transportation Provider in full; or
         3. storing or using weapons, drugs or forbidden substances.
      3. Accept or reject to provide the Transportation Service for any reasons, including but not limited to reject orders or other requests of the User if the User commits a breach mentioned under Article 2.1(b) of these General Terms.
      4. Cancel the Transportation Service if the User is not present at the prior appointed pick-up location or at the pick-up time determined via the User Application.
      5. Request the User to wear the seat belts provided by the Driver during the Trip.
      6. Pick-up and drop-off locations are approximate. The Driver may elect to pick the User up or drop the User off at an alternative location nearby where the Driver reasonably determines that it is dangerous or it is prohibited by Applicable Law to pick the User up or drop the User off at the original location.
      7. Subject to Article 2.1(h) of these General Terms, authorise the Driver to accept the order for Transportation Service from the User and to execute, amend and perform the Agreement with the User on behalf of the Transportation Provider.
      8. Authorise the Driver or Gojek and its Affiliates to receive the User Fee and the Charges depending on the method of payment.
   2. Obligations of the Transportation Provider
      1. Provide itinerary and fee sufficiently, exactly and honestly.
      2. Transport the User to the drop-off location designated via the User Application.
      3. Comply with, and ensure that the Driver complies with, the Applicable Law, including the prevailing law on road traffic.
      4. Be liable for compensating any loss to the User due to the fault of the Transportation Provider or the Driver during the provision of the Transportation Service.
      5. Not use any information related to the User to implement any fraud or violating acts.
      6. Not keep any copy of the User’s information and not disclose any information related to the User in any forms to any person or organisation.
      7. Not harass or annoy the User; not threaten or force the User to use the Transportation Service and ensure that the Driver does not do the same.
      8. Inform the User or any person designated by the User after entering into the Agreement to confirm the pick-up location and inform the estimated time to be present at the pick-up location.
      9. If necessary, confirm the relevant information of the User such as name, telephone number, itinerary, fee and/ or payment method to avoid any mistakes, inconvenience for the User.
      10. Not request the User to pay extra money in any forms other than the User Fees and the Charges.
      11. Collect and pay relevant Taxes in accordance with the Applicable Law, subject to any agreement with other parties.
      12. Issue or authorise Gojek or its Affiliate to issue invoice to the User for the User Fees in accordance with the Applicable Law.
      13. Receive and handle any complaints and other claims made by the User relating to the Transportation Service.
      14. Ensure that the Driver:
          1. is careful, concentrated and complies with Applicable Laws when driving the Vehicle during the process of providing the Transportation Service;
          2. does not do any acts which can make either the User or the Driver in danger;
          3. respects the User and any third party, does not threaten or infringe the honor, dignity, life, health, property, and lawful rights and interests of the User and any third party;
          4. is polite and civilized to the User and does not be rude, indecent, contrary to the moral standards of society; and
          5. not cause any damage to the life, health, honor, dignity, property, lawful rights and interests of third parties during the provision of the Transportation Service

3. Rights and obligations of the User

   1. Rights of the User
      1. Be picked up and transported to the drop-off location designated via the User Application.
      2. Request the Transportation Provider and Driver to comply with the Applicable Law, including law on road traffic.
      3. Request the Transportation Provider and the Driver to implement the safety methods to ensure the safety of the User.
      4. Provide feedback on the Transportation Provider related to the provision of the Transportation Service; submit a claim if the Driver or the Transportation Provider breaches the Agreement or the Applicable Law.
      5. Reserve the right to have information related to the itinerary and the Driver to compare with the information in the Particular Terms.
      6. If the Transportation Provider allows cancellation of the Transportation Service order from time to time (as presented via the User Application), the User can cancel the Transportation Service prior to its start provided the User may be subject to the cancellation fee as mentioned in Article 3.2(h) of these General Terms.
   2. Obligations of the User
      1. Fully and promptly pay the User Fee to the Transportation Provider and the Charges to the Driver.
      2. Not disclose any information related to the Transportation Provider and the Driver to any organisations or persons unless required by Applicable Law.
      3. Not use any information related to the Transportation Provider and the Driver to conduct any violation of Applicable Law.
      4. Not harass, annoy the Transportation Provider or the Driver or contact the Transportation Provider or the Driver for any purpose, except for using the Transportation Service.
      5. Respect the Transportation Provider and the Driver, not threaten or infringe the honor, dignity, life, health, property, and lawful rights and interests of the Transportation Provider and the Driver.
      6. Be polite and civilized, not be rude, indecent, contrary to the moral standards of society.
      7. Provide the required information sufficiently, accurately and honestly (for example, name, address, phone number) and other information necessary for the execution of the Transportation Service (name, pick-up and drop-off locations and other details).
      8. Pay the cancellation charges in the following circumstances (if applicable):
         1. the User cancels the Transportation Service after executing the Agreement and prior to implementation of the Transportation Service (if cancellation is permitted by the Transportation Provider from time to time); or
         2. the Transportation Provider cancels the Transportation Service as the User is not present at the pick-up location prior or at the time designated via the User Application.
      9. Not cause any damage to the life, health, honor, dignity, property, lawful rights and interests of third parties during the use of the Transportation Service.
      10. Not use the Transportation Services to commit a crime or commit any action contrary to the Applicable Law.
      11. Take liability for your safety during the use of Transportation Services, and take all necessary precautions.
      12. The Transportation Service is not intended for use in transporting goods or other items. If the User wishes to transport goods or other items, the User is encouraged to use another applicable service available on the User Application.
      13. Wear the seat belts provided by the Driver during the Trip.
      14. Not eat, drink or smoke in the Vehicle.
      15. Not interfere with the Driver’s ability to operate the Vehicle safely.
      16. Undertake that the number of passengers at a time does not exceed the capacity of passengers permitted for the Vehicle. The Driver is entitled to decline or cancel the order if the number of passengers will exceed the permitted capacity of passengers.
      17. Undertake to comply with all requirements by competent authorities or necessary measures requested by the Driver and/or the Transportation Provider to protect the health of Drivers, other Users (if any) and the general community. For the avoidance of doubt, Drivers may refuse to take or continue the Trip if the User fails or refuses to comply with this provision.
      18. If the User allows a person other than the User to use the Transportation Service requested by the User via the User Application (whether or not accompanied by the User), the User shall be responsible for the safety of such person and shall ensure that such person complies with the obligations in this Article 3.2. The User shall ensure that any minors using the Transportation Service are accompanied by an adult.

4. Payment

   1. The User will pay the User Fees and Charges in Vietnamese Dong via the applicable payment methods available via the User Application from time to time, including without limitation (where applicable) by cash, credit or debit card, e-wallet or by using Vouchers.
   2. The User Fees and Charges will be informed by the Transportation Provider to the User by displaying such fees and charges in the User Application.
   3. Unless required otherwise under this Agreement and the law, all payments are final and non-refundable.

5. Compensation and Handling of Complaints

   1. In the event of any breach by a Party of any obligations in this Agreement, such Party is required to compensate the non-defaulting Party for any damage incurred.
   2. User can make a report, claim or complaint via this telephone number: 1900 636252.

6. Governing law
   

   The Agreement (and any and all disputes arising out of or in connection with the Agreement (including any alleged breach, or challenge to the validity or enforceability, of the Agreement or any provision hereof)) will be subject to the laws of Vietnam.

7. Dispute settlement

   1. All disputes relating to the Agreement will initially be resolved by negotiation. If both Parties fail to reach an agreement within a reasonable period of time, the disputes will be finally settled by binding arbitration at the Vietnam International Arbitration Centre (VIAC) in accordance with its Rules of Arbitration (Rules) (which Rules are deemed to be incorporated by reference into the Agreement) by one arbitrator, appointed in accordance with the Rules. The arbitration will take place in Ho Chi Minh City, Vietnam and the language of the arbitration will be Vietnamese.
   2. Without prejudice to the Transportation Provider as the only party responsible for the User in relation to the Transportation Services, the Parties agree that Gojek or its Affiliate has the right to participate for supporting the settlement of the dispute and complaint between the Parties and create conditions for the Parties to discuss conciliation of disputes and complaints within the scope that Gojek or its Affiliate deems reasonable and in accordance with the provisions of the Policies and Applicable Law. Nothing in this Agreement creates any obligations on Gojek and its Affiliates in relation to the Transportation Service.