This Agreement (Agreement) is made between the following parties:

PARTY A : GO SEND CO., LTD

Address : 19th floor, Pearl Plaza tower (office area), 561A Dien Bien Phu Street, Ward 25, Binh Thanh District, Ho Chi Minh City, Vietnam

Enterprise code : 0315705980

Postal Activity Confirmation : number 664/XN-BTTTT issued by Ministry of Information and Communications dated March 2, 2022

Hereinafter referred to as "Postal Service Provider"

And

PARTY B : [the registered end user of the User Application who has made an order for the GoSend Service via the User Application]

Hereinafter referred to as "User"

Postal Service Provider and User are collectively referred to as Parties or individually referred to as Party depending on each context.

By making order for the GoSend Service via the User Application, the User acknowledges and agrees that the User has read, understood and agreed with the rights and obligations of the Parties pursuant to the following Agreement. Upon each order of the GoSend Service by the User which is confirmed by “the Postal Service Provider”, this Agreement, including the Particular Terms of Service ("Particular Terms") as agreed between the User and the Postal Service Provider for such instance of the GoSend Service and the attached General Terms of Service ("General Terms"), shall together constitute an electronic postal contract between both Parties related to such instance of the GoSend Service.

PARTICULAR TERMS OF SERVICE

1. GoSend Service

   1. Agreement to provide GoSend Service
      Upon confirming an order of the User for the GoSend Service, the Postal Service Provider agrees to provide User with the postal services as mentioned in details in Articles 1.2 and 1.3 herein (“GoSend Service”).
   2. Type of GoSend Service
      1. Types of Goods: as inputted by the User in the User Application.
      2. The GoSend Service that the Postal Service Provider provides includes service in respect of parcels.
   3. Information on mailer
      1. Quantity: as inputted by the User in the User Application.
      2. Weight: as inputted by the User in the User Application.
   4. Shipping method
      By motorbike.

2. Value of Agreement
   

   The User Fees and Charges (where applicable): as displayed and confirmed by the User via the User Application.

3. Payment Term

   1. Currency for payment: Vietnamese Dong
   2. Method of payment: as selected by User from the applicable payment methods offered in the User Application from time to time.

4. General Terms
   

   The provisions of the attached General Terms will apply and, together with these Particular Terms, form an integral part of this Agreement.

GENERAL TERMS OF SERVICE

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 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 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 GoSend Services when the Goods 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.
   COD Amount means the value of the Goods specified by the User in the User application, to be paid by the Driver to the sender on behalf of the recipient designated by the User;
   COD means the cash on delivery add-on service selected by the User when making an order for GoSend Service, pursuant to which the Driver will pay the COD Amount to the sender on behalf of the recipient designated by the User.
   COD Fee  means an administrative fee (inclusive of any applicable Tax), as determined and announced by the Postal Service Provider from time to time, payable for each GoSend Service order where COD is selected.
   Driver means the individual driver who is a business cooperation partner or contractor of the Postal Service Provider and operates the Vehicle to provide the GoSend Service to the User on behalf of the Postal Service Provider, whose details are shown in the Particular Terms.
   Goods means all types of letters (whether below or above two (2) kilograms per item), parcels and other goods sent or to be sent by the User to a third party recipient by using the GoSend Service.
   Gojek means Go Viet Technology Trading Joint Stock Company.
   GoSend Service means the postal service to transport Goods via a Vehicle from a pick-up location designated by the User to a third party recipient at a drop-off location designated by the User that the Postal Service Provider (i) has been licensed to provide and (ii) cooperates with the Driver to provide. Details of the GoSend Service are shown in the Particular Terms.
   Policies means any policies, guidelines or directions applicable to the User, as notified by Gojek from time and as may be updated by Gojek from time to time.
   System means the system provided by Gojek and/or its Affiliates to connect the Postal Service 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 GoSend Service itself, as it is provided by the Postal Service Provider directly to the User.
   Terms of Use means the User Terms of Use entered into by the User when using the System.
   Postal Service Provider means the provider of the GoSend Service, whose details are shown in the Particular Terms.
   User means a registered end user of the User Application, using the GoSend 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 Postal Service Provider.
   User Fees means the fee payable by the User for each instance of the GoSend Service, including the COD (if applicable).
   Voucher means any promotions by Gojek or the Postal Service Provider, that when validly applied by User, allows the User to receive the promotion credits to offset against User Fees and Charges subject to the terms and conditions specified by Gojek or the relevant Postal Service Provider

2. Rights and obligations of the Postal Service Provider

   1. Rights of the Postal Service Provider
      1. Be paid the User Fees by the User pursuant to the engaged Agreement.
      2. Report any violations of the Users 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 Postal Service Provider, the Driver or other third parties;
         2. not paying User Fees to the Postal Service Provider in full;
         3. storing or using weapons, drugs or forbidden substances; or
         4. requesting the GoSend Service in respect of any Goods which (A) are prohibited or banned from circulation by law including but not limited to those listed in Article 3.2(l) of these General Terms; or (B) at the Postal Service Provider's reasonable opinion, may infringe the rights and benefits of the Postal Service Provider, the Driver and other third parties.
      3. Accept or reject to provide the GoSend 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 GoSend Service if the User is not present at the prior appointed pick-up location or at the time determined via the User Application.
      5. To the maximum extent permitted by law, not be liable for providing boxes or packages, or for any damage due to improper packaging of the User.
      6. Be allowed to open and check the package to ensure that the Goods are consistent with the User’s description.
      7. Authorise the Driver to accept the order for GoSend Service from the User and to execute, amend and perform the Agreement with the User on behalf of the Postal Service Provider.
   2. Obligations of the Postal Service Provider
      1. Deliver the Goods to the drop-off location as requested by the User via the User Application.
      2. Comply with, and ensure that the Driver complies with, the Applicable Law, including the prevailing law on road traffic and law on post.
      3. Be liable for compensating any loss to the User due to the fault of the Postal Service Provider or the Driver during the provision of the GoSend Service.
      4. Not use any information related to the Users to implement any fraud or violating acts.
      5. Not harass or annoy the User; not threaten or force the User to use the GoSend Service.
      6. Inform the User or any person designated by the User after entering into the Agreement to confirm the pick-up location to receive the Goods and inform the estimated time to be present at the pick-up location.
      7. 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.
      8. Issue invoice to the User for the User Fees in accordance with the Applicable Law.
      9. Manage customer care service in order to improve the experience of Users when using the GoSend Service; if any User makes any claim relating to the GoSend Service, receive and handle the claim.
      10. For each order of GoSend Service where COD is not selected:
          1. May leave the Goods with any person present at the User’s designated drop-off location or otherwise handle the Goods as required by Applicable Law, if the intended recipient is not present at such location at the time of delivery.
          2. Return the Goods to the User’s designated pick-up location if (i) the intended recipient refuses to accept the Goods, or (ii) there is no person available to receive the Goods at the User’s designated drop-off location. If the recipient refuses to receive the Goods or the Goods cannot be returned, handle the Goods in accordance with the process for handling unclaimed Goods.
      11. For each order of GoSend Services where COD is selected:
          1. Return the Goods to the User’s designated pick-up location if (i) the intended recipient refuses to accept the Goods, or (ii) there is no person available to receive the Goods at the User’s designated drop-off location, or (iii) the recipient refuses to pay the COD Amount and/or any other applicable fees to the Driver. If the recipient refuses to receive the Goods or the Goods cannot be returned, the Driver shall handle the Goods in accordance with the Postal Service Provider’s process for handling unclaimed Goods.

3. Rights and obligations of the User

   1. Rights of the User
      1. Be guaranteed for the quality of the GoSend Service, is delivered Goods to the drop-off location designated in the Agreement.
      2. Request the Postal Service Provider and Driver to comply with the Applicable Law, including law on road traffic and law on post.
      3. Provide feedback on the Postal Service Provider related to the provision of the GoSend Service; submit claims if the Driver or the Postal Service Provider breaches the Agreement or the Applicable Law.
      4. Reserve the right to have information related to the itinerary and the Driver to compare with the information in the Agreement mutually engaged.
      5. Request for compensation in case of any loss to the Goods due to the fault of the Postal Service Provider or the Driver.
      6. If the Postal Service Provider allows cancellation of the GoSend Service order from time to time (as presented via the User Application), the User can cancel the GoSend Service prior to its start provided the User may be subject to the cancellation fee as mentioned in Article 3.2(j) of these General Terms. However, orders using the COD are non-cancellable from the time that the User receives an email or notification via the User Application confirming acceptance of the order.
   2. Obligations of the User
      1. Fully and promptly pay the User Fee, including the COD Fee (if applicable), to the Postal Service Provider and the Charges to the Driver and any cancellation charges that may be applicable.
      2. Be responsible for packing the Goods to be delivered according to the characteristics of those Goods. Special packaging is advised for fragile or non-durable Goods such as cakes, ice cream, food, fruits and fresh flowers.
      3. Represent and warrant that the User has been, is, or will be a legal owner of or otherwise have the right to handle the Goods.
      4. Not disclose any information related to the Postal Service Provider and the Driver to any organisations or persons unless required by Applicable Law.
      5. Not use any information related to the Postal Service Provider and the Driver to conduct any violation of Applicable Law.
      6. Not harass, annoy the Postal Service Provider or the Driver or contact the Postal Service Provider or the Driver for any purpose, except for using the GoSend Service.
      7. Respect the Postal Service Provider and the Driver, not threaten or infringe the honor, dignity, life, health, property, and lawful rights and interests of the Postal Service Provider and the Driver.
      8. Be polite and civilized, not be rude, indecent, contrary to the moral standards of society.
      9. If required, provide the personal information sufficiently, accurately and honestly (for example, name, address, phone number) and other information related to the execution of the GoSend Service (name, type and weight of Goods, pick-up and drop-off locations of Goods and other details).
      10. Pay the cancellation charges in the following circumstances (if applicable):
          1. the User cancels the GoSend Service after executing the Agreement and prior to implementation of the GoSend Service (if cancellation is permitted by the Postal Service Provider from time to time); or
          2. the Postal Service Provider cancels the GoSend Service as:
             1. the User is not present or the Goods is not available at the pick-up location prior or at the time designated via the User Application; or
             2. the tentative recipient of the User rejects to receive or there is no one present to receive the Goods at the drop-off location designated by the User, in which case the Postal Service Provider will return the Goods at the pick-up location designated by the User and the User may be required to pay the User Fees and Charges.
      11. Not cause any damage to the life, health, honor, dignity, property, lawful rights and interests of third parties during the use of the GoSend Service.
      12. Not use the GoSend Service to transport, obtain and/or purchase any of the Goods listed in Appendix 1.
      13. Unless expressly notified to the User, the User is responsible for his/her own insurance arrangements. If the Postal Service Provider offers self-help insurance, additional terms and conditions will apply and the rights of the User to claim in respect of such insurance are subject to the compliance of the User with the Terms of Use. The types of Goods that are not included in the insurance protection are listed below.
          • Prohibited Goods
            Any Good listed in Appendix 1.
          • Extraordinary Goods
            1. Artworks, including works that are made and created using skills, sense or creative talents to be sold, displayed, or collected. Including goods (and their parts) such as paintings, pictures, vases, tapestries;
            2. Movies, photographed pictures, including photograph negatives, photograph chromes, photograph slides;
            3. Commodities that are naturally susceptible to damage, or of highly variable market value, or difficult to confirm;
            4. Antiques or other commodities displaying styles or modes of past era where their history, age or rarity contributes to their value, including furniture, tableware, glasses, and collectibles such as coins and stamps;
            5. Glassware in the form of jewelry, including costume jewelry, watches and their parts, gemstones or industrial diamond stones (precious or semi-precious) and jewelry made of precious metals;
            6. Animal fur, including clothing or other items comprising animal fur;
            7. Precious metals, including gold or silver bars or powder, sediment or platinum (except as an integral part of an electronic machine);
            8. Prepaid phone cards;
            9. Stamps, excise for liquor, duty stamps.
          • Valuable Documents
            1. Certificates of title;
            2. Passports and identification cards;
            3. Bank certificates, deposits, securities (including but not limited to shares, bonds, other documents or Goods that the Postal Service Provider defines as a Valuable Document in its discretion).
      14. Not use the GoSend Service to:
          1. transport, obtain and/or purchase items prohibited by the Applicable Law, items that require a licence or permit from an authority in order to be transported, stolen or misappropriated items, or items that are harmful (including items containing hazardous or toxic materials, drugs or illegal substances);
          2. transport, obtain and/or purchase pets or any other animals;
          3. transport items from or to prisons;
          4. transport items that do not safely fit within the Vehicle or that may damage such Vehicle or create an unsafe condition (and, in any event, to transport items with dimensions of more than 70cm (length), 50cm (width), 50 cm (height) or items weighing more than 20kg);
          5. transport, obtain and/or purchase valuable items, including valuable documents (e.g. land certificates, licences or important agreements), or items valued above VND 2,000,000 (whether individually or in aggregate, except for the case specified in the Article 3.2(p)(i) hereafter) or items where non-delivery, late delivery or damage during delivery could expose the User, the recipient or another person to damage, injury or other liability (such as medical products, medical devices or organs for transplant); or
          6. commit a crime or commit any action contrary to the Applicable Law.
      15. If, as part of the GoSend Service, the Driver is required to deliver or pick up Goods on behalf of the User, the User agrees and grants the Driver the proper rights and authorisation to perform the GoSend Service.
      16. For each order of GoSend Services where COD is selected, in addition to the clauses above, the following specific obligations shall also apply to the User:
          1. Not select COD to send Goods with a value in excess of VND 1,000,000 (whether individually or in aggregate).
          2. Provide complete and accurate information regarding the Goods to be delivered, the designated sender of the Goods (if not You) and the designated recipient of the Goods (if not You).
          3. In addition to the prohibited Goods set out at Appendix 1, You will not send the following Goods when using COD:
             1. Electronic goods, including electronic devices (such as mobile phones, laptops and tablets);
             2. Counterfeit and/or fake goods;
             3. Used and/or second-hand goods; and
             4. Any kind of powder.
          4. Authorize the Postal Service Provider to:
             1. collect the Goods from the sender and pay the COD Amount to the sender for and on behalf of the designated recipient (as specified by the User in the User Application);
             2. deliver the Goods to the designated recipient via GoSend Service and collect the COD Amount from the recipient.
          5. Reimburse the Postal Service Provider and/or the Driver for the COD Amount (and any other applicable fees and charges), if:
             1. the recipient is not available to receive the Goods at the designated delivery location; 
             2. the recipient refuses to accept the Goods; and/or 
             3. the recipient refuses to pay the COD Amount and/or any other applicable fees to the Driver.

4. Payment

   1. The User will pay the User Fees, Charges and COD Amount (if applicable) 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 Postal Service Provider to the User by displaying such User 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. Quality of GoSend Service
   

   The provisions for quality of GoSend Service will be as set out in the GoSend Postal Service Quality Standards available here, which is incorporated as a part of this Agreement by reference.

6. Compensation and Handling of Complaints
   

   In case either the User or the Postal Service Provider is damaged by a fault of the other Party, the defaulting Party is required to compensate the non-defaulting Party. The provisions for complaint process and compensation between the Parties will be as set out in the GoSend Postal Service Damage Compensation Policy available here, which is incorporated as a part of this Agreement by reference.

7. 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.

8. Dispute settlement
   

   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.

APPENDIX 1 - LIST OF GOODS PROHIBITED FROM ACCEPTING AND DELIVERING

1. Letters, papers and communications in the form of handwritten or printed documents, with or without a receiving address;
2. Money (cash, coins, foreign currencies and other bearer negotiable instruments);
3. Living animals and plants;
4. Food, drinks, or food or drink ingredients that require a cooler or a controlled environment;
5. Items with a pungent odour, such as durians;
6. Gambling devices or lottery tickets;
7. Any controlled goods, or goods prohibited for import, export, delivery or circulation under Applicable Law, including without limitation the Goods listed below:

   Goods that are prohibited under the Law on Post, as amended or replaced from time to time:

8. Goods with contents which provoke, undermine security or the great national solidarity or oppose and sabotage the State of the Socialist Republic of Vietnam;
9. Goods containing weapons, explosive articles or substances, toxic or radioactive substances, narcotics or disease germs for terrorist purposes or infringing upon the life and property of citizens or causing social disorder and insecurity;
10. Goods containing cultural matters which are contrary to social ethics or the fine traditions and customs of Vietnam;

    Goods that are prohibited from circulation by Vietnam law under Decision 88/2000/QD-BTM issued by the Ministry of Trade on 18 Jan 2000 (as amended by Decision 1108/2000/QD-BTM dated 8 Aug 2000), as amended or replaced from time to time:

11. Arms and ammunition, military uniforms, military goods, specialised technical facilities for the armed forces;
12. Narcotics;
13. Some extremely toxic chemicals;
14. Historical relics, cultural objects and museum pieces;
15. Cultural reactionary products, pornographic and superstitious objects or things which harm character training;
16. Cigarettes produced overseas;
17. Fireworks;
18. All types of curative and preventative medicine for humans and domestic animals, plant protection drugs and all types of medical equipment and instruments not yet permitted to be used in Vietnam;
19. Plants and wild animals on the lists in international treaties which Vietnam has signed, and all types of other rare animals and plants which need to be protected; and
20. Some children's games which are harmful to character training, to children's health, or to order and the safety of society.