I. General Introduction
TADA Technology Company Limited was established and operated under the law of Vietnam and granted a business registration certificate No. 0315802938 (hereinafter referred to as “we” or “TADA Truck” or “App Provider”).
We provide 4.0, or artificial intelligence based, transport services, aiming at connecting the App User with the empty trucks on their return trips nationwide. TADA Truck provides individuals and enterprises with a technological solution to look for and manage trucks online, and help truck drivers earn more income at the same time.
1.2 Definition of Terms
“TADA” means TADA Technology Company Limited
“App User” means a trader, organization or individual that registers to use TADA Truck App/Website, including “Customer” (Transportation service user) and Truck Owner (Transportation service provider).
“Customer” (or called “Transportation service user”) is a trader, organization, individual, and/or may be the owner of the Goods, and/or the representative having transportation demand use the App/Website to post the information. The Company and/or the individual customer are liable to the App Provider in accordance with this Agreement;
“Truck Owner” (or called “Transportation service provider”) is a trader, organization or individual having ability to provide transportation services uses the TADA Truck App/Website to connect with the Customer; view order information, capable of fulfilling shipping requests to the Customer, may own the means of transport or the executing representative.
“Order” means the goods information on TADA Truck App/Website including but not limited to information about Goods, transport route and packaging method.
“Notifications” means the notifications on the App/Website related to using the System, information transactions among App Users (if any) and referral information popularizing TADA Truck.
“Transport Floor” is the connection that Customer and Truck Owner created via the App Provider’s App System without having to pay service fee to the App Provider.
“Goods” means products, property or other objects permitted to be transported in accordance with the law of Vietnam for which the Customer requires the Truck Owner to provide transportation services under each Order.
“System” means the connecting system for transport of Goods based on the application of software technology and accompanying customer support and care services, called TADA Truck.
“Hotline” means App Provider’s hotline for sales and user support: 1900636296
To use the App/Website to connect with each other, you have to sign up for an account on the App and provide relevant information. After the information is authenticated by TADA Truck, you are considered as an App User and are granted the right to use all utilities of the App/Website.
II. App/ Website utilities
2.1 Target parties:
All App Users with an authenticated account on the App, who have not violated any regulations during the process of making orders and transport of Goods through the App.
2.2 Order on the Transport floor:
Through the Application System, the Customer shall create suitable Orders according to their demand, including information about Goods, transport routes and packaging methods. After receiving complete information about the Order, Truck Owner shall Quote a Price to the Customer for the performance of the transportation service. The Customer shall approve the Truck Owner’s Quotation via the System and/or the Hotline to form a transaction.
The service price and other rights, obligations are agreed and responsible for by both sides of the Customer and the Truck Owner.
To avoid misunderstanding, the Transport Floor and the services on the System other than TADA Truck service shall not be within the scope of the App Provider’s responsibility for service performance. Specifically, Truck Owners including the transport service providers and drivers registering on the System shall be directly responsible for providing the service and other related liabilities to the Customer.
2.3 Transportation service package
Scope of service and how to use TADA Truck: Through the App System and/or Hotline, the Customer shall create suitable Orders based on their demand, including information about Goods, transport routes and packaging methods. Orders are an integral part of this Agreement.
Requirements for The App Users:
Posting a real Order on the App to use the Transport service package. In case the App Provider detects that the Order posted is a Virtual Order, the App User’s account on the App shall be permanently locked and the App User shall have to compensate for any damage (if any) to the service provider and/or Truck Owner as provided by law.
Providing complete and accurate information regarding type, size, specifications and/or any specific characteristics of the Goods to be transported in the Order. The Goods are not on the list of goods restricted or prohibited from trading or transport in accordance with current Law.
Other conditions: The App Provider shall give App Users up-to-date information in case there is any change in Transport service package.
Delivery and receipt of Goods: The two sides shall conduct a preliminary inspection of the Goods on type, quantity and packaging method of the Goods and make a record of the status of the Goods handed over (Goods Delivery Receipt).
III. The App Provider’s Rights and Responsibilities
3.1 The App Provider’s Rights
Having the right to request the App User to provide necessary information, papers and documents for verifying transactions arising on the System of the App Provider;
Having the right to unilaterally suspend cooperation with offending the App User without prior notification;
Having the right to refuse to resolve disputes and complaints when the App User fails to comply with instructions;
Having the right to check the suitability of the Goods on the Order and other equivalent transport documents relating to the Goods;
3.2 The App Provider’s Responsibilities
Complying with the provisions of the law applicable to the Website/App;
Developing and publicly publish on the Website/App the operation regulation of the e-commerce trading floor in accordance with the law; monitor and ensure the App Provider’s implementation of the above regulations;
Checking and verifying registration information of the active accounts on the App;
Retaining the App User’s registration information right from the date of registration of the App and regularly updating changes and additional information.
Taking necessary measures to ensure information security, not disclose, transfer, lease or sell information related to users without the consent of related parties, unless the law has other regulations;
Promptly handling when detecting or receiving reports on violations of law, policies or community standards on the App;
Requiring the App User to provide all necessary documents to verify the account;
Coordinating and assist State management agencies in investigating law violations, providing registration information, transaction history and other documents about the subjects committing law violations;
Maintaining the normal operation of the App and quickly fixing any problem that affects the operation related to technical problems, software errors, Internet transmission error, personnel problems, social fluctuations, natural disasters, power failure, decisions of a State agency or a relevant third party. In case of force majeure issues such as natural disasters, fires, social upheavals, decisions of authorities, that are out of control, the App Provider does not have joint liabilities;
Other obligations and responsibilities in accordance with the Agreement and relevant laws.
IV. The App User’s Rights and Responsibilities
4.1 The App User’s Rights
4.1.1 Common Rights on the System
The App User is allowed by the App Provider to keep personal information confidential in accordance with the regulations on Information Security on Electronic Applications;
Having the right to refuse service or to use the App without giving a reason;
Installing the App on personal mobile devices, use the Website for legal use of individuals or organizations;
Having the right to contribute opinions to the App Provider during the operation. Recommendations are directly sent by letter, phone, email or other unlawful channels to the App Provider.
4.1.2 Rights to the Transportation service package
Having the right to make a claim and claim damages as prescribed in the Contract for the Truck Owner who has received the fulfillment of the order;
Requesting to notify of the progress of the implementation of transport services;
Request the Truck Owner to comply with internal regulations when delivering, receiving, and transporting Goods.
4.2 The App User’s Responsibilities
4.2.1 Common rights on the System
Providing complete and accurate personal information as required by the App Provider upon registration and during the use of the App or the Transport service package;
Taking full responsibility for the use of their account on the App Provider’s System;
Performing right actions, fill in correct information about the Order. App Provider is exempt from liability for damage resulting from improper operation by App User;
In case the App User loses the phone or changes the phone number registered for the account, the App User is obliged to Notify the App Provider for the procedure to change or temporarily block related transactions, helping the App User manage the use of the service. The App Provider shall not be responsible for or settle claims in case the App User fails to Notify the App Provider, resulting in a third party’s use of the App User’s account;
Not authorizing, assign or transfer account in any form to a third party;
Not using any other’s account to request the performance of the transport service package and take legal responsibility for all the Goods which they request;
Providing legal invoices and documents when requesting the Truck Owner to perform the service;
Not using the service or the App for an unlawful purpose;
Being responsible for the accuracy of the information that they provide or add when using the transport service package;
Not using the Service or App to annoy other members on the System;
Not intentionally defame, slander, or make up anything that harms the honor or reputation of the App Provider.
The App User is not allowed to copy, use information, content on the App of the App Provider without the App Provider’s written permission;
The Customer must pay the fee in accordance with the agreement with the Truck Owner. Being responsible for payment of shipping fare and other incurred under the agreed terms;
Fully performing tax obligations according to the provisions of law;
Not posting information on Goods/services on the list of goods restricted or banned from trading under Decree 59/2015/ND-CP;
Following the App Provider’s instructions during the operation of the Order.
4.2.2 Responsibilities to the Transportation service package
Taking responsibility for the lawfulness, origin and relevant documents of the Goods before law and competent authorities; provide sufficient legal documents for the Goods to be circulated properly. In case the App Provider and/or competent authority discovers illegal issues related to the Goods, the App Provider reserves the right to cancel the transport of the Goods and/or unilaterally terminate the Agreement without liability;
Other obligations and responsibilities in accordance with the Agreement and relevant laws.
V. Limitation of Liability and Insurance with TADA Truck
TADA Truck will not assume any responsibility or joint responsibility for the consequences of unauthorized access to TADA Truck servers, websites, or applications; the account holder’s equipment and data or customer data due to accidents, illegal devices, third-party equipment and other causes outside the control of TADA Truck.
As a condition of using this Website and/ or this Application, you agree that TADA Truck, TADA Truck employees, members, shareholders, agents, suppliers will not be liable to third parties for losses in profits and business opportunities; damages, costs incurred directly or indirectly by using or connecting to TADA Truck .
TADA Truck will not assume any responsibility or joint responsibility for the quality of products, services and information of third-party websites associated with the Website www.tadatruck.vn. In addition, TADA Truck does not have the responsibility and authority to confirm, certify information and quality of services, products or compensation for damages related to your use of the services or products advertised on those websites. We recommend that you get to know your partner thoroughly before proceeding with cooperation to avoid unexpected damage. TADA Truck neither guarantees nor takes responsibility for your business results after using the service.
VI. Complaint and dispute settlement process
6.1 For Orders on the Transport floor, all App users agree on the App/ Website
The Customer and the Truck Owner conduct direct transactions and agreements with each other. In case of a dispute, the App Provider promotes a negotiating and mediating solution between the two parties. Therefore, the Customer and the Truck Owner should work on papers to put forward the most satisfactory resolution.
The Customer and the Truck Owner are responsible for actively solving problems. App Provider shall only play the role of coordinating and assisting the resolution of complaints between the parties. The App Provider shall provide necessary information to resolve disputes between related parties or upon request by a competent legal agency. After members have settled their disputes and complaints, they should notify the App Provider.
The App User respects and strictly abides by the provisions of the law on the protection of consumers’ interests. Therefore, it is suggested that members take appropriate actions and strictly comply with the provisions of the law. Any act of fraud and acts that causes harm to others is worth condemning and fully responsible before the law.
6.2 For the Order dispatched by the App Provider
Step 1: Respond to the App Provider by calling 1900636296, send feedback via the “Support” section in the App, from the Official Facebook page of the App Provider. At the same time, the App User has to send a claim for damage by registered mail to the App Provider within three (03) working days from the date of completion of the delivery of the Goods according to the Goods Delivery Receipt. A claim for damage includes:
- A written request for damage;
- Copies of invoices and vouchers showing the value of the Goods;
- Other papers related to claims for damage.
Note: Upon expiration of the period specified in Step 1, the App Provider shall not resolve any claim from the App User.
Step 2: Within ten (10) working days of receipt of the complaint, the App Provider shall check and confirm information about the complaint and Notify relevant parties. The App Provider shall also verify the content of the complaint, review and analyze the cause of the complaint, the scope of the complaint and the responsibility of handling to work with The App User to provide suitable solutions.
6.3 Other Complaints
In case of an arising conflict related to a violation of the Code of Conduct and the contract content that the App User has committed, App Provider will take measures corresponding to the violation.
VII. Specific responsibilities of the App User and App Provider for solving problems arising from transactions performed on the App
If there is a dispute between users, the parties will settle on the basis of self-agreement, negotiation and conciliation. The App Provider shall assist Complainant by assigning a mediator to contact and mediate if there is specific evidence and verification of the violation. If the case is beyond its jurisdiction and capacity, the App Provider shall request Complainant to refer the case to competent authorities. In this case, the App Provider still provides assistance to best protect the Complainant.
VIII. Member’s personal information protection policy
8.1 Purpose and scope of information collection
To ensure that the transaction is done in the most successful way and to minimize risks that may arise and to ensure the best benefits of the App User, when registering to use the App/ Website that is provided by the App Provider, the App User must provide complete initial information including: name, phone number, email. This information will be strictly confidential, will be verified and stored in the System of the App Provider.
The App User will be solely responsible for the confidentiality and retention of all services using the service under its username, password and email. In addition, it is the member’s responsibility to promptly notify the App Provider of any unauthorized use, abuse, breach of security, and retention of a third party’s username and password for appropriate solutions.
8.2 Address of the unit that collects and maintains the information
TADA Technology Company Limited
Address: No. 37, street no. 2, Binh An ward, district 02, HCMC
8.3 Scope of using information
Purposes of collecting information:
- Sending a notice of information exchange between the App User and the App Provider;
- Prevent activities of destroying member’s user account and counterfeiting activities of the App User;
- Contact and deal with members in special cases;
- Do not use the member’s personal information other than for the purpose of confirming and relating to transactions on the App;
- In case required by Law: The App Provider is responsible for cooperating and providing member’s personal information. In addition, no one has the right to violate the personal information of members.
8.4 Commitment to confidentiality
8.5 Time to store information
The App Provider will store the information provided by the customer on our internal Systems during the use of the customer or when the customer requests to destroy the information provided during the period of use.
8.6 Mechanism to receive and resolve complaints related to personal information of customers
Members have the right to submit complaints about the disclosure of personal information to the third parties to the App Provider by mailing or by email: email@example.com.
TADA Truck is responsible for implementing technical and professional measures to verify the reflected content. Processing time to notify the App User is 15 days.
IX. Responsibilities for case of technical errors
The App Provider commits to making efforts to ensure the safety and stability of the entire Technical System. However, in case there is a malfunction caused by the App Provider’s fault, we will immediately apply necessary technical measures to ensure the safety and stability of the entire System and benefits for members.
The App Provider is committed to providing the best quality of service to the members participating in the transaction. In case of technical errors, software errors or other objective errors during the transaction, the App User shall report the App Provider via email address: firstname.lastname@example.org or 1900636296, we shall fix the error in the shortest time. However, the App Provider shall not be responsible for handling in case the Member’s report does not reach the App Provider due to technical errors, transmission errors, software or other errors not caused by the App Provider.
When doing transactions on the floor, members are required to follow the instructions properly.
X. General Terms
10.1 Terms and Conditions
10.2 Terms of Commitment
For the App User: Any member using the App and/ or Website of the App Provider means they have read and accepted the terms and regulations that the App Provider has given.
For the App provider: We are committed to complying with the terms and responsibilities mentioned in the Agreement.
10.3 Other Terms
- This Term of Use is adjusted and explained in accordance with Vietnamese law. All disputes arising out of or related to the Agreement shall be firstly settled by the Parties in the form of negotiation and conciliation in the spirit of goodwill and cooperation. If the Parties fail to resolve in the form of negotiation or conciliation, the dispute shall be resolved at a competent Court of Vietnam.
- The parties agree to use the App confirm via the System to implement the Agreement. By the confirmation of the App User or authorized representative according to the provided information, the App User confirms the legal validity of the Agreement, and takes full responsibility in case of complaint or lawsuits related to the value of this Agreement.
- The Parties agree that the Agreement made via electronic devices without the use of each Party’s corporate seal does not affect the validity of the Agreement.
- If any of the Terms of the Agreement is ineffective under Vietnamese law, the invalidation of the Terms shall not affect the validity of the remaining Terms of the Agreement, unless there is another provision of Vietnamese law.
- Despite the provisions of Vietnamese law on sample contracts and General Trading Conditions, the Parties agree to the Terms of this Agreement.
- The Agreement is made and stored in electronic form. Each Party commits to having understood the entire content of the Agreement for implementation.