This Agreement Transportation Service Agreement (Agreement) is made between the Transportation Provider and the User.
When the Transportation Provider and the User engage in the particular terms of provision and usage of the Transportation Services as inputted or confirmed via the User Application upon each instance of the Transportation Services (Particular Terms) via the System, it is deemed that both parties have read, understood and agreed with their rights and obligations pursuant to the following Agreement.
This Agreement and the Particular Terms constitute a proper agreement between both 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 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.
   
   Particular Terms is defined above.
   
   Policies mean any policies, guidelines or directions applicable to the User, as notified by the Company from time to time, and as may be updated by the Company from time to time.
   
   Company means Go Viet Technology Trading Company Limited.
   
   GoFood Merchant means the restaurant, eatery, store, café, bar, cart, stall or other merchant who provides the F&B Items ordered by the User via the User Application.
   
   User Fees means the fee shown on the User Application which the Transportation Provider is entitled to charge the User for the Transportation Services, which may include:
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   a fee for each instance of Transportation Services;
   
   any tolls, road-usage charges, parking charges, and building or area entrance charges necessarily incurred by the Transportation Provider when the User or the F&B Items are on-board the Vehicle during (but not before or after) such provision of Transportation Services (without mark-up);
   
   any applicable cancellation charges or other charges in accordance with the Policies; andany applicable taxes calculated in accordance with the Applicable Law.
   
   Transportation Services means the transportation services provided by the Transportation Providers when they are connected to the User via the System, which include GoRide and GoFood. The particular information of each instance of the Transportation Services will be agreed in the Particular Terms. The execution of the Transportation Services will comply with the regulations of the E-agreement and the relevant Applicable Law.
   
   Terms of Use means the User Terms of Use entered into by the User when using the System.
   
   GoRide is the Transportation Service provided by the Transportation Provider using a two-wheel motorised Vehicle (motorcycle) to transport a User from a pick-up location to a drop-off location designated by the User.
   
   GoFood means the Transportation Service provided by a Transportation Provider, which allows a User to order F&B Items from menus of GoFood Merchants listed in the User Application, which will be delivered by the Transportation Provider to a drop-off location designated by the User.
   
   System means the system provided by the Company 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 provided by the Company does not include the Transportation Services themselves, as these are provided by the Transportation Provider directly to the User.
   
   E-agreement means the electronic agreement entered into by the Transportation Provider and the User via the System for each instance of provision and usage of the Transportation Services, including the Particular Terms and this Agreement.
   
   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.
   
   User means a registered end user of the User Application using the Transportation Services via the System whose details are shown in the Particular Terms.
   
   Transportation Provider means the independent provider providing the Transportation Services whose details are shown in the Particular Terms.
   
   F&B Items means the food and/or drinks the User can purchase from the GoFood Merchant via GoFood.
   
   Agreement is defined at the above beginning.
   
   User Application means the electronic application supplied by the Company and/or its Affiliates for the User to connect with the Transportation Provider.
   
   Vehicle means the vehicle used by the Transportation Provider for the purpose of providing Transportation Services.
   
   

2. Rights and obligations of the Transportation Provider

   1. Rights of the Transportation Provider
      1. Be fully paid the User Fees by the User pursuant to the engaged E-agreement.
      2. Report any violations of the User to the Company or denounce and make complaints to competent authorities when the User has any violations of the E-agreement, Terms of Use, Policies or Applicable Law, including but not limited to (i) infringing lawful rights and benefits, life, health, property, honor, and dignity of the Transportation Provider or other third parties; (ii) not paying User Fees to the Transportation Provider in full; or (iii) storing or using weapons, drugs or forbidden substances.
      3. Accept or reject to provide the Transportation Services 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 2.1b.
      4. Cancel the Transportation Services if the User is not present at the prior appointed pick-up location or at the time determined via the User Application.
      5. Relating to GoFood service, the Transportation Provider is not liable for:
         1. the condition of F&B Items;
         2. the quality of F&B Items; or
         3. the difference of price between the one shown on the GoFood service in the User Application and the one charged by the GoFood Merchant where the User orders the F&B Items.
      6. Related to GoRide service, the Transportation Provider can request the User to wear a helmet.
   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 (for GoRide service).
      3. Deliver the F&B Items to the drop-off address designated by the User via User Application (for GoFood service).
      4. Comply with the Applicable Law, including the prevailing law on road traffic.
      5. Be liable for compensating any loss to the User due to the fault of the Transportation Provider during their provision of the Transportation Services.
      6. Not keep any copy of the User’ information and not disclose any information related to the User in any forms to any person or organisation.
      7. Not use any information related to the User to implement any fraud or violating acts.
      8. Not harass or annoy the User; not threaten or force the User to use the Transportation Services.
      9. Contact the User or any person designated by the User right after entering into the E-agreement to confirm the pick-up location (pick-up the User or any person designated by the User, receive the F&B Items) and inform the estimated time to be present at the pick-up location.
      10. 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.
      11. Be careful and concentrated when driving Vehicles during the process of providing the Transportation Services, including not use beers, alcoholic drinks, drugs or other stimulants which can lead to unawareness, or calling or texting while on the move.
      12. Not intentionally or unintentionally, do any acts which can make either the User or the Transportation Provider in danger.
      13. Not request the User to pay extra money in any forms other than the User Fees, including but not limited to the bonus from the User.

3. Rights and obligations of the User

   1. Rights of the User
      1. Be guaranteed for the quality of the Transportation Services, picked and transported (for GoRide) and is delivered F&B Items (for GoFood) to the drop-off location designated in the E-Agreement.
      2. Request the Transportation Provider to comply with the Applicable Law, including law on road traffic.
      3. Request the Transportation Provider 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 Services; submit claims if the Transportation Provider breaches to the E-agreement or the Applicable Law.
      5. Reserve the right to have information related to the Transportation Provider and the itinerary to compare with the information in the E-agreement mutually engaged.
      6. Request for compensation if the Transportation Provider causes any loss to the User or F&B Items as the case may be.
      7. If it is allowed by the Particular Terms (as presented via the User Application), the User can cancel the particular Transportation Services prior to its start provided the User may be subject to the cancellation fee as mentioned in Article 3.2h.
   2. Obligations of the User
      1. Fully and promptly pay the User Fee to the Transportation Provider. For GoFood services, any payment for relevant F&B Items are added into the User Fees which will be settled by the User.
      2. Not disclose any information related to the Transportation Provider to any organisations or person.
      3. Not use any information related to the Transportation Provider to conduct any violation pursuant to the Applicable Law.
      4. Not harass, annoy the Transportation Provider or contact the Transportation Provider for any purpose, except for using the Transportation Services.
      5. Respect the Transportation Provider, not threaten, offense or abuse of honor, dignity, life, health, property, legal rights and interests of the Transportation Provider.
      6. Be polite and civilized, not be rude, indecent, contrary to the moral standards of society.
      7. Provide the personal information sufficiently, accurately and honestly (for example, full name, address, phone number, email) and other information related to the execution of the Transportation Services (pick-up and drop-off location, receiving and delivery location of F&B Items).
      8. Pay the cancellation charges in the following circumstances (if applicable):
         1. the User cancels the Transportation Service after executing the E-agreement and prior to implementation of the Transportation Service (if cancellation is permitted as displayed via the User Application from time to time);
         2. the Transportation Provider cancels the Transportation Service as:
            1. the User is not present at the pick-up location prior or at the time designated by the User Application; or
            2. the User is not present to receive the F&B Items at the drop-off location designated via the User Application, in this case, the User may be required to pay the value of F&B Items and the User Fees.
      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 Services.
      10. Not use the Transportation Services to commit a crime or commit any action contrary to the Applicable Law.
      11. If, as part of the Transportation Services, the Transportation Provider is required to deliver, pick up or buy F&B Items on behalf of the User, the User agrees and grants the Transportation Provider the proper rights and authorisation to perform the Transportation Services.
      12. The User will take liability for their safety during the use of Transportation Services, and the User may take all necessary precautions.

4. Payment
   

   The User will pay the User Fees in Vietnamese Dong via the applicable payment method offered in the User Application from time to time, in accordance with the E-agreement and the Terms of Use.

5. Compensation
   

   In case either the User or the Transportation Provider is damaged by a fault of either, the defaulting party is required to compensate the non-defaulting party. The value of compensation is subject to the Applicable Law.

6. Governing law
   

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

7. Dispute settlement
   

   All disputes relating to the E-agreement are initially resolved by negotiation. If both parties fail to reach an agreement within a reasonable period of time, the dispute shall be brought to a competent court for settlement. Without prejudice to the Transportation Provider as the only party responsible for the User in relation to the Transportation Services, the parties agree that the Company 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 the Company deems reasonable and in accordance with the provisions of the Applicable Law.