Terms of Service
I. General Introduction
TADATruck Co., Ltd. was established and operated under the law of Vietnam and granted a business registration certificate No. 0313906674 (hereinafter referred to as “we” or “TADATruck” or “App Provider”).
We provide 4.0, or artificial intelligence based, transport services, aiming at connecting Service User with the empty trucks on their return trips nationwide.
TADATruck is licensed to use transport technology products, specifically TADATruck Customer on the platforms of Mobile Application (hereinafter referred to as “App”) and website www.TADATruck.com (hereinafter referred to as “Website”). We provide 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.
Please read the Terms of Service carefully. By using the App and/or TADATruck Service (defined below), you agree that you as the Service User have read and understood the content of the Terms of Service.
1.2 Definition of Terms
“App Provider” means TADATruck, whose information is given at the first part of this Terms of Service section.
“App User” means a trader, organization, individual and/or maybe owner and/or representative of Goods, who wishes to have the Goods transported using the App/Website.
Company and/or Order Makers are legally responsible to the App Provider under this Agreement.
“Truck owner” means a trader, organization or individual providing transport services using TADATruck App/Website to connect with Service User; able to see order information, execute transport requests for Service User, possibly owns a vehicle or acts as an agent.
“Member” means a trader, organization or individual that registers to use TADATruck App/Website, including Goods Owner (transport service user) and Truck Owner (transport service provider).
“Order” means the goods information on TADATruck 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 System Use, information transactions between the Service User and the Truck Owner (if any) and referral information popularizing TADATruck.
“Transport Floor” is the connection that Service User 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 Service User requires the App Provider 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 TADATruck.
“Hotline” means App Provider’s hotline for sales and user support: 1900636296
To use the App/Website to connect with each other, a member has to sign up for an account on the App and provides relevant information. After the information is authenticated by TADATruck, the member is considered as an App User and is granted the right to use the services on the App/Website.
The content of these Terms of Service conforms to the current provisions of Vietnamese law. Member and Service User, when participating in the System of the App Provider on the App/Website platform, means committing to strictly complying with the content of these Terms of Service.
General target: All Service 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.
• Transport Floor Orders
Through the Application System, the Service User 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 Service User for the performance of the Service. The Service User shall approve the Truck Owner’s Quotation via the System and/or the Hotline to form a transaction.
The service price and other rights and obligations are agreed and responsible for by the Service User and the Truck Owner.
To avoid misunderstanding, the Transport Floor and the services on the System other than TADATruck 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 with registered on the System shall be directly responsible for providing the service and other related liabilities to the Service User.
• Transport Service Package – TADATruck
2.1 Scope of service and how to use TADATruck
Through the App System and/or Hotline, the Service User 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.
2.2. Requirements for Application Users
Post a real Order on the App to use the TADATruck service package. In case the App Provider detects that the Order posted is a Virtual Order, the Service User’s account on the App shall be permanently locked and the Service User shall have to compensate for any damage (if any) to the App Provider and/or Truck Owner as provided by law.
Provide 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.
2.3 Other conditions
The App Provider shall give the Service User and Truck Owner up-to-date information in case there is any change in the TADATruck service package.
2.4. 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. App Provider Rights and Responsibilities
3.1 App Provider Rights
3.1.1 General Rights on the System
1. Having the right to request Service User to provide necessary information, papers and documents for verifying transactions arising on the System of the App Provider.
2. Having the right to suspend cooperation with Service User in case of violation of the App Provider’s Terms of Service or any actions contrary to the Code of Conduct for members of the System.
3. Having the right to unilaterally suspend cooperation with violating Service User without prior notification.
4. Having the right to refuse to resolve disputes and complaints when Service User fails to comply with instructions.
3.1.2 Rights to TADATruck Service:
1. Having the right to check the suitability of the Goods on the Order and other equivalent transport documents relating to the Goods;
2. Having the right to stop providing TADATruck Service in case the Service User fails to comply with the payment obligation in accordance with these Terms of Service;
3. Other rights in accordance with these Terms of Service and relevant laws.
3.2 App Provider Responsibilities
3.2.1 General Responsibilities on the System
1. Comply with the provisions of the law applicable to the Website/App.
2. Develop 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.
3. Check and verify registration information of the active accounts on the App.
4. Retain Service User’s registration information right from the date of registration of the App and regularly update changed and additional information.
5. Take 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.
6. Promptly handle when detecting or receiving report on violations of law, policies or community standards on the App.
7. Application User is required to provide all necessary documents to verify the account.
8. Coordinate and assist State management agencies in investigating law violations, providing registration information, transaction history and other documents about the subjects committing law violations.
9. Maintain the normal operation of the App and quickly fix 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, firs, social upheavals, decisions of authorities, that are out of control, Service Provider does not have joint liabilities.
3.3 Responsibilities for TADATruck Service:
Other obligations and responsibilities in accordance with the Agreement and relevant laws.
IV. App User Rights and Responsibilities
4.1 App User Rights
4.1.1 General Rights on the System
1. App User is allowed by the App Provider to keep personal information confidential in accordance with the regulations on Information Security on Electronic Applications.
2. Has the right to refuse service or to use the App without giving a reason.
3. Is allowed to install the App on personal mobile devices, use the Website for legal use of individuals or organizations.
4. Has 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 TADATruck Service:
For the Order claimed by the App Provider, App User has the right to:
Complain and claim damage in accordance with the Contract;
Request the Service Provider to report on the progress of TADATruck Service implementation
Request Service Provider to comply with internal regulations when delivering, receiving, and transporting Goods.
4.2 App User Responsibilities
4.2.1. General responsibilities on the System
1. Provide complete and accurate personal information as required by the App Provider upon registration and during the use of the App or Service of the Service Provider.
2. Take full responsibility for the use of their account on the App Provider’s System.
3. Perform right actions, fill in correct information about the Order. App Provider is exempt from liability for damage resulting from improper operation by App User.
4. In case App User loses the phone or changes the phone number registered for the account, the Service User is obliged to Notify the App Provider for the procedure to change or temporarily block related transactions, helping 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.
5. Not authorize, assign or transfer account in any form to a third party.
6. Not use any other’s account to request the performance of the Service and take legal responsibility for all the Goods which they request the Service Provider to perform.
7. Provide legal invoices and documents when requesting Service Provider to perform the service.
8. Not use the service or the App for an unlawful purpose.
9. Be responsible for the accuracy of the information that they provide or add when using the Service Provider’s service.
10. Not use the Service or App to annoy a driver on the Service Provider’s System.
11. Not intentionally defame, slander, or make up anything that harm the honor or reputation of the Service Provider.
12. The Service User has to provide and be responsible for the accuracy of the information about the Goods consignee so that the driver may contact and deliver the Goods to.
13. Service User is not allowed to copy, use information, content on the App of the Service Provider without the Service Provider’s written permission.
14. Service User has to pay fee in accordance with the Agreement between the Service Provider or the Vehicle Owner. Be responsible for the payment of the Transport Prices, Charges and expenses arising in accordance with Appendix 1;
15. Fulfill tax obligations according to the provisions of law.
16. Not post information on Goods/services on the list of goods restricted or banned from trading under Decree 59/2015/ND-CP.
17. Follow the App Provider staff’s instructions during the operation of the Order.
4.2.2 Responsibilities towards TADATruck Service:
1. In case a Service User includes a Company and an Order Maker, the Company and the Order Maker are jointly responsible for the performance of the obligations of each Order placed through the account under these Terms of Service.
2. Take 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 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. The Service User is responsible for compensating the Service Provider for damage, costs arising and fine equivalent to 8% of the Transport Price;
3. Other obligations and responsibilities in accordance with the Agreement and relevant laws.
V. Limitation of Liability and Insurance with TADATruck Service
5.1 Service Provider’s liability for each Order under this Agreement is limited to the total Transport Price and the Advance Payment of the Order. In case the Service User needs to insure 100% of the value of the Goods, the Service Provider shall assist the Service User in purchasing Goods insurance with the cost paid by the Service User.
5.2 The Service Provider ensures that the truck owner has purchased and maintained civil liability insurance during the transportation of the Goods as required by the laws of Vietnam.
VI. Compensation for damage with TADATruck Service
6.1 Goods Related Damage Compensation:
• Despite other provisions of this Agreement, the App Provider shall not be liable for any loss or damage of the Goods in the following cases:
• In case of the exclusion of the transporter’s liability as provided by law;
• For retail goods packed in bags/crates/bales/pallets as a whole, the Service Provider is only responsible for the appearance of the goods, not for quality, nature or weight of the package;
• Service User does not comply with the complaint process.
6.2 Other kinds of damage compensation:
If a party fails to fulfill any obligation or commitment under these Terms of Service, which is not due to force majeure issues (including but not limited to floods, natural disasters, storms , accident caused by objective error …), they shall have to compensate and protect the other Party from suffering any loss or damage, liability, expense or cost or claim (including any cost of attorneys and other related costs) caused by the violation of the Agreement, provided that Party B’s liability for each Order under the Contract does not exceed the total transport price and the
Shipping Price and Advance Payment of the Order.
Violations and compensation for expenses shall include but not limited to the following cases:
• In case the Service User arranges the delivery of the Goods to the consignee and transporter of the Service Provider, the Service User agrees to pay all the costs incurred due to the delay.
• In case the Service User has fault in the retention of the Service Provider’s means of transport, the Service User agrees to pay the Service Provider a fine of one (01) million VND per vehicle for every twenty-four (24) hours the means of transport is kept. This provision does not limit the right to claim damage incurred by the Service Provider to the Service User in other terms in these Terms of Service;
• In case the Service Provider fails to meet the requirements of the Order due to the Service Provider’s fault as specified in the Terms of Service, the Service Provider shall be liable for the damage and arising costs according to the limits set out in Section IX;
• Other cases of punishment of violations and compensation for damage are specified in these Terms of Service and law.
VII. Complaint and dispute resolution process
7.1 For Transport Floor Orders, Service User and Vehicle Owner agree on the App:
Service User and Truck Owner conduct direct transactions and agreements with each other. In case of a dispute, App Provider promotes a negotiating and mediating solution between the two parties. Therefore, the Service User and the Vehicle Owner should work on papers to put forward the most satisfactory resolution.
Service User and Vehicle 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. 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 App Provider.
Service Provider 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 harms on others is worth condemning and fully responsible before the law.
7.2 For the TADATruck Service Order dispatched by the App Provider’s dispatcher:
Step 1: Respond to the App Provider by calling 1900636296, send feedback via “Support” section in the App, from the Official Facebook page of the App Provider. At the same time, Service 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:
1. A written request for damage;
2. Copies of invoices and vouchers showing the value of the Goods;
3. Other papers related to claims for damage.
Note: Upon expiration of the period specified in Step 1, App Provider shall not resolve any claim from the Service User.
Step 2: Within ten (10) working days of receipt of the complaint, App Provider shall check and confirm information about the complaint and Notify relevant parties. 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 Service User/ Truck Owner to provide suitable solutions.
7. 3 Other Complaints
In case of an arising conflict related to a violation of the Code of Conduct and the contract content that Vehicle Owner and Service User have committed, App Provider will take measures corresponding to the violation.
VIII. Specific responsibilities of Service User, Truck Owner 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. App Provider shall assist Complainant by assigning a mediator to contact and mediate if there are specific evidence and verification of the violation. If the case is beyond its jurisdiction and capacity, App Provider shall request Complainant to refer the case to competent authorities. In this case, App Provider still provides assistance to best protect Complainant.
IX. Member’s personal information protection policy
Depending on time, App Provider may adjust and modify the Information Protection Policy. If Service User is concerned about personal privacy, please visit this page more often to be updated with the latest information.
If the App Provider makes changes to the Information Protection Policy and of course this shall affect Service User’s interests (for example, if App Provider intends to use the User’s personal data for purposes other than the Prior Notification in this Information Protection Policy), App Provider shall Notify Service User of these changes before any new activities.
9.1 Purpose and scope of information collection
To ensure that transactions are done in the most successful way, minimize risks that may arise, and ensure the best interests of Service User, when registering to use the service provided by App Provider, Service User has to provide complete initial information including: name, phone number and email. The information shall be strictly kept confidential, verified and stored in the System of App Provider.
Service User shall be solely responsible for the confidentiality and retention of all activities using the service under their registered name, password and email. In addition, the users are responsible for promptly notifying App Provider of any unauthorized use, abuse, breach of security, and retention of a third party’s username and password to take appropriate measures.
9.2 Address of information collection and preservation unit
TADATruck Co., Ltd.
Address: No. 37 Street No. 2, Binh An Ward, District 2, Ho Chi Minh City
9.3 Scope of Information Use
The collection of information is for:
• Providing the service to Service User;
• Sending a notification of information exchange between Service User and Service Provider;
• Preventing activities of destroying members’ user accounts and counterfeiting activities of Service User;
• Contacting and dealing with members in special cases;
• Not using members’ personal information other than for the purpose of confirming and making contact related to transactions on the App;
• In case required by law: Service Provider is responsible for cooperating and providing members’ personal information. In addition, no one has the right to violate members’ personal information.
9.4 Commitment to confidentiality
App Provider commits not to disclosing information of members and Service Users to any other organizations or individuals. In exceptional circumstances, App Provider may be required to disclose personal information, for example, when there is evidence for disclosure to be necessary to prevent threats of life and health, or for law enforcement purposes. App Provider is fully committed to complying with the information security rules as well as the information security policy.
9.5 Information storage duration
App Provider shall store the information provided by the customer on Internal Systems during the use of App or when the customer requests to remove the information provided during the process.
9.6 Mechanism of receiving and resolving complaints related to personal information of customers
Members have the right to submit complaints about disclosure of personal information to the third parties to the App Provider by letter or email: email@example.com.
The Company is responsible for implementing technical and professional measures to verify the reflected content.
The duration for dealing with complaints related to customer personal information is 15 days.
X. Responsibilities for case of technical errors
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 Application Provider’s fault, we will immediately apply necessary technical measures to ensure the safety and stability of the entire System and benefits for members.
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 Service User shall report the App Provider via email address: hotro@TADATruck.com 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.
XI. General Terms
11.1 Terms and Conditions
The App Provider’s Terms of Service are valid from the date they are publicly published and take effect when the Service User confirms on the App. The App Provider has the right to modify or amend the rules to suit the activities of the App Provider as well as to make it convenient for members. These amendments shall be Notified on the Website and App of the App Provider. The amended or modified regulations shall be effective from the date of the Notice of Change. That Service Users continue to use the service after the published adjustment or amendment of regulations means the Service Users have read, understood and agreed with the adjusted or amended regulations. Members of the App are responsible for complying with the applicable regulations when using the App Provider’s Service.
11.2 Terms of Commitment
FOR SERVICE USERS: Any member using the App and Service of the App Provider means they have read and accepted the terms and regulations that the App Provider has given.
FOR APP PROVIDER: We are committed to complying with the terms and responsibilities mentioned in the Agreement.
11.3 Other Terms
1. These Terms of Service and Agreement are 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.
2. The parties agree to use the App confirm via the System to implement the Agreement. By the confirmation of the Service User or authorized representative according to the provided information, the Service 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.
3. 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.
4. 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.
5. Despite the provisions of Vietnamese law on sample contracts and General Trading Conditions, the Parties agree to the Terms of this Agreement.
6. The Agreement is made and stored in electronic form. Each Party commits to having understood the entire content of the Agreement for implementation.