Updated on 5th December 2018 Users (“You” or “Customers) – please read these terms of services provided hereunder (“Terms of Use” or “Agreement”) carefully. By using this Service, you agree that you have read, understood, accepted and agreed with the Terms of Use. You further agree to the representation made by yourself below. If you do not agree to or fall within the Terms of Use of the Service (as defined below) and wish to discontinue using the Service, please do not continue using this Application or Service. These Terms of Use constitute a legal agreement between you and FastGo Joint stock Company (The company is established under Vietnamese law, Company No. 0108253207) (the “Company” or “FastGo”). In order to use the Service (each as defined below) you must agree to the Terms of Use that are set out below. By using the mobile application supplied to you by the Company (the “Application”), and downloading, installing or using any associated software supplied by the Company (the “Software”) which overall purpose is to enable persons seeking transportation services to certain destinations to be matched with third party transportation providers, drivers and vehicle operators (collectively, the “Service”), you hereby expressly acknowledge and agree to be bound by the Terms of Use, and any future amendments and additions to this Terms of Use as published from time to time at https://FastGo.mobi/policy and/or in the Application. The Company reserves the right to modify, vary and change the Terms of Use or its policies relating to the Service at any time as it deems fit (including adding or deleting any terms). Such modifications, variations and or changes to the Terms of Use or its policies relating to the Service shall be effective upon the posting of an updated version at https://FastGo.mobi/policy. You acknowledge and agree that it shall be your responsibility to review the Terms of Use regularly and also the Terms of Use applicable to any country where you use the Service which may differ from the country where you registered for the Application (the “Alternate Country”) whereupon the continued use of the Service after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance to such changes. You further agree that usage of the Service in the Alternate Country shall be subject to the Terms of Use prevailing for the Alternate Country which can be found at https://FastGo.mobi.
WHAT IS FASTGO?
THE COMPANY OR FASTGO IS A TECHNOLOGY COMPANY THAT DOES NOT PROVIDE TRANSPORTATION OR DELIVERY SERVICES AND THE COMPANY IS NOT A TRANSPORTATION OR DELIVERY SERVICE PROVIDER (THE “SERVICE PROVIDER”). It is up to the third party service providers to offer transportation or deliver services to you and it is up to you to accept such service. The service of the company is to link you with such third party service providers, but does not nor is it intended to provide transporation or delivery service or any act that can be construed in any way as an act of transportation or delivery service provider. The Company is not responsible nor liable for the acts and/or omissions of any third part service provider or any of such services provided for you. The Third Service Providers are referred to as Taxi Drivers and / or Qualified Transpotation Business Drivers registering and participating in FastGo's system as Transportation Service Providers and legal self-assurance when providing shipping services and being responsible for the service provided. 1. Commitments and obligations of using the Application or Service By using the Service, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms of Use and that you are at least eighteen (18) years old. Without limiting the generality of the foregoing, the Service is not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship. By using the Service, you further represent and warrant that you have the right, authority and capacity to use the Service and to abide by the Terms of Use. You further confirm that all the information which you provide shall be true, complete and accurate. Your use of the Service is for your own sole, personal use. You undertake not to authorize others to use your identity or Application user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Service you agree to comply with all applicable laws whether in your home nation or otherwise in the country, state and city in which you are present while using the Service. You may only access the Service using authorized means. It is your responsibility to check and ensure that you have downloaded the correct and compatible Software for your device. The Company is not liable if you do not have a compatible device or if you have downloaded the wrong or incompatible version of the Software to your device. The Company reserves the right not to permit you to use the Service should you use the Application and/or the Software with an incompatible or unauthorized device or for purposes other than which the Software and/or the Application is intended to be used. FastGo reserves the right to terminate the Service and the use of the Application if Customer uses the Service or Application on an incompatible or unauthorized device. By using the Software or the Application, you agree that: 1. Customers will only use the Service or download the Application for sole personal use and will not resell it to the third parties. 2. Customers will not authorize the others to use their account; 3. Customers will not assign or otherwise transfer his / her account to any other person or legal entity; 4. Customers will not use any account belonging to any non-customer's right without proper permission; 5. Customers will not use the Service or Application for any purpose that is unlawful, including without limitation the sending or storage of any material that is unlawful; or for the fraudulent purposes; 6. Customers will not use the Service or Application to cause nuisance, discomfort or inconvenience; 7. Customers will not damage the proper operation of the network; 8. Customers will not intentionally damage the Service or Application in any way; 9. Customers will not copy or distribute the Application or other Content of FastGo without the written permission of FastGo; 10. Customers will keep the confidentiality of his or her account password or any identifying information that we provide to Customers may allow access to the Service and Application; 11. Customers will provide us with any proof of identity that we may reasonably request; 12. Customers will only use the access point or 3G data account (AP) used by the User; 13. Customers know that when requesting SMS transportation service (if available in the jurisdiction of the User), standard messaging charges will be applied; 14. Customers will not use the Service or Application on incompatible or unauthorized equipment; 15. Customers will not use the Application and / or Software to annoy, harass, or otherwise use the Application for cheating purposes. 16. Customers will provide us any proof of identity that we may reasonably request; 17. Customers will not harass or commit any improper or disrespectful behavior towards the Company and / or the Service Provider, whether or not you may have concerns for the Company or the Service Provider; 18. Customers agree that your use of the Applications, Service, and / or features incorporated into your Application will be governed by the Company's Privacy Policy which may be amended from time to time. 19. Customers will comply with all applicable laws in his/her home country, country, state and / or city where Customers live while using the Application or Service. FastGo reserves the right to terminate the Service immediately and the use of the Application if customers do not comply with any of the above. 2. Payment When using FastGo services, customers can choose to pay by cash, FastGo card, or credit card linked to the account at registration or make a direct payment to the driver by bank card or other payment options following the law. FastGo uses a third party payment processing service ("Payment Unit") to associate a customer's credit card account with the Application and Service. Apart from these Terms of Use, the process of payments or credits, if applicable, related to the use of the Application and the Service will be governed by the terms, conditions and privacy policy of the Payment Unit and the credit card issuer of the customer. FastGo is not responsible for any errors caused by the Payment Unit. In connection with customers’ use of Service, FastGo will collect certain transaction details that FastGo will use only in accordance with their Privacy Policy and Cookie. In case the Card belongs to another person, you hereby warrant and agree that you have gained their permission to use the Card for the payment of the Service. Customers agree that Company may issue a reasonable “authorization hold”, which is not an actual charge against your Card, in order to verify your card payment method. The “hold” may appear in your statement as “pending”. The “authorization hold” is issued as a preventive against any unauthorized or fraudulent usage of your Card. The Company reserves the right to suspend the processing of any transaction or disable or limit the use of the Card in the case of any error in transaction which results in decline or chargeback from the financial institution or where the Company, within its reasonable understanding, believes that the Card has been used for a transaction that may be fraudulent, illegal or involves any criminal activity or where the Company, within its reasonable understanding, believes you to be in breach of the Terms of Use. In addition, customers are responsible for resolving disputes with their Card issuers and bear all costs incurred in the process of using the card with related parties. For FastGo Card customers Customers may top-up / purchase FastGo card limits for the payment of the Service. Customer will bear all costs that may be imposed by the partners, who process this payment method and / or the credit institution, who provide the service to you. The value in the FastGo Card is valid for one year since the date of purchase. The customer agrees that the Company reserves the right to process the expired FastGo Card and since the expiration date, the customer undertakes not to make any complaint to the Company. The value in the FastGo Card is used to pay for Dedicated Services on the FastGo app, not redeemable or withdrawable in any way. The Company reserves the right to revoke your FastGo Card when it has reasonable grounds to believe that the FastGo Card purchase is fraudulent, unlawful or related to any criminal offense or when the Company has the reasonable grounds to believe you to be in the breach of the Terms of Use. 3. Tax Customers agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, as in force and in connection with any future taxes that may be announced at any point of time. Customers further agree to make the best effort to do everything necessary and/or required by the relevant laws to enable, assist and/or defend the Company to claim or verify any input tax credit, refund in respect of any taxes paid or payable in connection with the Service provided under this Agreement. 4. Promotion code FastGo may create Promotion codes for redeeming your Account Credit, or other features or benefits related to these Service and / or the services of a Third Party Provider, subject to any additional terms that FastGo sets up on the basis of each promotion code. You agree that the Promotion Code: 1. Must be used for the intended objects and purposes, in a manner consistent with the law; 2. Not to be copied, sold or otherwise distributed in any way, or made publicly available (whether publicly posted in any form or otherwise), except it is authorized by FastGo. 3. FastGo may disable at any time for any reason that FastGo is not responsible for; 4. Can only be used under the specific terms that FastGo sets for that Promotion Code; 5. There is no value converted into cash; 6. It may expire before you use it. FastGo reserves the right to withhold or deduct any credits, features or other benefits obtained through the use of your Promotion Code or any other user in the event FastGo determines or believes that his/her use or redemption of the Promotion Code are defective, fraudulent, illegal, or in violation of the applicable Promotion Code provisions or these Terms. 5. Licensing, Prohibition, and Intellectual Property Ownership Licensing Subject to compliance with these Users’ Terms of Use, FastGo grants to the users a non-exclusive, non-transferable, and limited license. 1. To view, download and print any FastGo Content intended for the personal and noncommercial purposes of the user; 2. To view any User Content that the users are permitted to access exclusively for the personal and noncommercial purposes of the user; and 3. Use a copy of the Application with reasonable needs as the feature of the Application is created. User does not have permission to re-authorize the license granted in this section. Users are not allowed to use, copy, adjust, modify, create inccured products to distribute, license, sell, transfer, publicly perform, publicly display, direct broadcast or otherwise exploit the Site, Service, Application or General Content in another way, except as expressly permitted in these Terms of Use. Users may not reuse any General Content without FastGo's prior written consent. No license or right is granted to the implied user or to any intellectual property rights owned or controlled by FastGo or its licensors, except in the case of such licenses and permissions. is expressly provided in these Terms of Use. FastGo reserves the right, in its sole discretion, to block or remove (in whole or in part) any User Content posted or transmitted by Users and what FastGo believes not to comply with these Terms of Use (including any material that infringes or may infringe any intellectual property, privacy or third-party rights), or otherwise is not accepted by FastGo. Prohibition The users are not allowed to: 1. Licensing, re-licensing, selling, reselling, transferring, distributing, or commercially exploiting, or providing to any third party Service or Application in any manner; 2. Modify or create derivative works based on the Service or Application; 3. Create Internet "links" to the Service or "install" or "duplicate" any Application on any other server or wireless device or Internet-based server or device; 4. Start an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Application.. 5. Sending duplicate or unwanted spam or messages containing contents in violation of the current law; 6. Send or store material that is infringing, obscene, threatening, libelous, or unlawful or harmful, including material that is harmful to the child or violates the privacy of a third party; 7. Send or store material that contains software viruses, worms, Trojan horses or scripts, files, spywares or malicious computer programs; 8. Damage or disrupt the integrity or performance of the Site, Application or Service, or data contained therein. FastGo will have the right to investigate and prosecute violations of any of the above at the fullest legal capacity. FastGo may join and cooperate with legal authorities in prosecuting users for violating these Terms of Use. The user acknowledges that FastGo has no obligation to supervise the use of the Site, the Service, the Application or the User General Content, or to review or modify any General Content, but with the right to do so for the purpose of operating the Site, the Service and the Application, to ensure users’ compliance under these Terms of Use, or to comply with applicable law or order or court order, administrative offices or other government agencies. At any time and without prior notice, FastGo also reserves the right to remove or disable access to any General Content that FastGo, in its sole discretion, believes to be in violation of the Terms of Use or be harmful to the Site, Service or Application. Intellectual Property Right Copyright FastGo respects the copyright law and users should do so as well. FastGo's policy will terminate the use of the User or Customer in violation of (repeatedly) or allegedly infringing (in many cases) the rights of the copyright owner in appropriate circumstances. Intellectual Property Ownership Right The Company and its licensors (if applicable), shall own all right, title and interest, including all related intellectual property rights, in and to the Site and/or the Application and Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Site, Application or Service. These Terms of Use do not constitute a sale and do not transfer to the user any ownership of or relating to the Site, Application or Service, or any intellectual property rights owned by FastGo. 6. Delay by the Internet Service, the application, or software may contain restrictions, delay and other problems arising from the use of the Internet and electronic communications, including by the equipment you or the service provider from the third party uses, is faulty, unconnected, out of range, power off, or inactive. The Company is not liable for any delay, error of delivery, damage or loss arising from any of the above. 7. Repair or cleaning fee You are responsible for the costs of repairing damages or required cleaning, facilities and property of the Third Party Provider as a result of your use of the Service beyond the normal "damage" and necessary cleaning level. In the case that a Third Party Provider reports a Repair or Sanitation requirement, and that Repair or Sanitation requirement is certified by FastGo in its sole and absolute discretion, FastGo has the right to facilitate payment for the costs of such repair or sanitation on behalf of the Third Party Provider by using the payment method specified in your Account. This amount will be transferred by FastGo to the Third Party Providers and is non-refundable. 8. Valid time, amendment and termination of the agreement The agreement between FastGo and the user is signed for an indefinite period of time. Users are entitled to terminate the Agreement at any time by permanently deleting the Application installed on their smartphone, thereby disabling the User's use of the Application and Service. Users can close their user accounts at any time by following the instructions on the FastGo website. FastGo reserves the right to terminate this Agreement at any time and to take immediate effect (by deactivating users’ use of the Application and Service) if the user: 1. Violate or fail to comply with any provision of these Terms of Use, or 2. Abuse of the Application and Service in the opinion of FastGo. FastGo has no obligation to give notice of termination of this Contract. Upon termination FastGo will provide notice of such action in accordance with these Terms of Use. The invalidity of any provision of these Terms of Use shall not affect the validity of any other provisions of these Terms of Use. If and in the case that any of these Terms of Use is ineffective or unacceptable in certain circumstances under fair and reasonable criteria, one term will be applied among the parties in lieu of such provision and may be admissible by considering all cases and conditions in accordance with the provisions of the invalid part as much as possible, taking into account the content and the purposes of these Terms of Use. FastGo reserves the right to modify or replace any of these Terms of Use, or to change, suspend, or terminate the Service or Application (including but not limited to, availability of any features, databases or content) at any time posted on the Site. FastGo may impose the limit on certain features and services or restrict the access of the users in certain parts or the whole of the Service without notice or taking its liability. Users are responsible for accessing the Site and updating new FastGo terms and policies. 9. The confidentiality of Personal Data You agree, accept and allow the Company to use and process your Personal Data for the Purposes and by the methods following the Privacy Policy of FastGo, which is published at https://FastGo.mobi/policy-security. 10. Notice FastGo may provide notice by a general notice about the Service or Application or by email to the users’ email addresses listed in FastGo's account information, or via the communicating document sent through the post office to the users’ addresses listed in the FastGo account information. The notice will be deemed to have been sent to you within 48 hours of mailing (if sent by certified mail or prepaid letter) or after 2 hours after sending the email (if sent by an email). You may send a notice to the Company (these notices will be deemed to have been sent when the Company receives the notice) by mail through the post office to the Company with the contact details as provided in the Application. 11. Transferral Users may not assign their rights under these Terms of Use without FastGo's prior written approval. 12. Current Law and Dispute Resolution These Terms of Use are subject to the laws of Vietnam. Any dispute, claim or controversy arising out of or in connection with these Terms of Use or the breach, termination, enforcement, interpretation or validity of the provisions of this Terms of Use or Use of the Site, Service or Application will be handled by a court of competent jurisdiction in Hanoi, Vietnam. In cases where a user has a need to resolve a dispute, to file a complaint in a court of competent jurisdiction, the user must notify FastGo within one month after FastGo invokes the right in accordance with this provision to commence court proceedings in Hanoi, Vietnam. If a State does not accept the jurisdiction of a Vietnamese court or the judgment of a Vietnamese court cannot be enforced in that State, unresolved disputes shall be referred to the Vietnam International Arbitration Centre ("VIAC"), in accordance with the Arbitration Rules of the VIAC as amended from time to time ("Arbitration Rules") by an arbitrator appointed uniformly by the Parties ("Arbitrator"). If the Parties cannot agree on an arbitrator, the President of VIAC shall designate the Arbitrator in accordance with the Arbitration Principles. The place of arbitration shall be Vietnam, the language of the arbitration must be in Vietnamese and the arbitration fee shall be equally divided among the Parties, unless the Arbitrator requires the fee to be paid in other manner as determined by the Arbitrator that is nnecessary so that this arbitration clause may be enforceable under applicable law. 13. FastGo’s Responsibilities Information, recommendations and/or services provided to Customers on or through the Site, Service and Application are for informational purposes only and do not constitute a recommendation. FastGo will keep the Site, the Application and its contents accurate and up-to-date without any guarantee that the content of the Site and/or Application is free of defects, malware and viruses or the Site and/or Applications are correct, up-to-date and accurate. FastGo will not be liable for any damages resulting from the use (or the inability to use) of the Site or the Application (but excluding death or personal injury), including damages by malware, or virus or any inaccuracy or incompleteness of the Information or the Site or Application, unless such damage is caused by any intentional or gross negligence on the part of FastGo. FastGo will not take the responsibility for the damage caused by the use (or the inability to use) electronic media with the Site or the Application, including but not limited to damages by not providing or otherwise lately providing electronic communications, preventing or manipulating the third party’s electronic communications or computer programs used for electronic communications and transmission of viruses. 14. The last term The Vietnamese version of these Terms of Use constitutes the sole and exclusive written document. In case of any discrepancy between the Vietnamese text and the foreign language version, the Vietnamese text shall prevail. If any provision of the Terms of Use is found to be invalid or unenforceable, then such termination will be deleted and the remaining Terms are still effective and enforceable by law. Customer agrees that the Company has the right to terminate this Agreement immediately if you are in the violation of any of the terms set forth in this Agreement. For the avoidance of doubt, the term of this Agreement does not require the Company to indemnify, refund or pay any costs incurred that you have when using the Service from the Service Provider under this Agreement.