Xanh SM - Terms and Policies

Welcome to the electronic information page https://www.xanhsm.com/ and Xanh SM Application of GSM Green and Smart Mobility Joint Stock Company. 1. GENERAL RULES Please read the Terms and Conditions of using the Application carefully before installing and using the Application to order any services through the Application. The Terms of Service are an electronic legal agreement between You and Xanh SM when You have chosen to use the Services through the Application The Terms of Service and any amendments and supplements to the Terms of Service published by Xanh SM are effective at each time the content is posted on the website https://www.xanhsm.com/ and/or on the Application. Use of the Application and/or continued use of the Services through the Application after any changes to the Terms of Service shall be deemed to be Your acceptance of and bound by the Terms of Service. application and the content of such changes Before using the Application, You must agree to the Terms of Service and Privacy Policy entirely, and register Yourself by providing information that Xanh SM need. 2. DEFINITIONS AND INTERPRETATION OF WORDS

2.1. “Xanh SM” is GSM Green and Smart Mobility Joint Stock Company operating under Enterprise Registration Certificate No. 0110269067 issued by Hanoi Department of Planning & Investment for the first time on March 1, 2023; 2.2. “Terms of Service” means this Terms of Service of using the Xanh SM Application and its amendments and supplements, policies related to the Service, and the Regulations of using the Service, the Rules of Conduct are published by Xanh SM on the website https://www.xanhsm.com/ and/or on Xanh SM Application from time to time; 2.3. “Services” means delivery, transport, or other services provided by Xanh SM or Xanh SM’s Drivers which are connected through the Application; 2.4. “User” means any person using the Application to search for and/or use the Services; 2.5. “Customer” means any person who directly uses the Services, including the User and the person authorized by the User to search and use the Services requested through the User Account; 2.6. “Driver” is an individual who cooperate with Xanh SM or an individual who work for Xanh SM and is qualified to provide Services to Users in accordance with the applicable laws; 2.7. “Application” is the Xanh SM application installed on a mobile device, managed and operated by Xanh SM, allowing Users to access to use/order the Service; 2.8. “User Account” means the User's Application usage account created and activated on the Application; 2.9. “Driver Account” is the Driver's Application usage account created and activated on the Application. 3. COMMIT

3.1. Commitment throughout the process of using the Application You undertake that: (i) To have full civil capacity as prescribed by law to accept and agree to the Terms of Service; (ii) The information provided to Xanh SM is always guaranteed to be updated, complete and authentic; (iii) To use the Application for lawful purposes; (iv) Do not provide any other person with access rights to the User Account/ Driver Account, including the transfer of the User Account/ Driver Account or information of the User Account/ Driver Account to any other person including the two factor Authentication, PIN, password, and OTP number. We reserve the right to refuse to facilitate orders/transactions if We know or have sufficient reasons to suspect that You have transferred or allowed Your Account to be used by someone else for any reason. (v) To check and make sure the Application is compatible to load for your mobile device. 3.2. Commitment when using the Service You agree that: (i) Do not use the Application to send or store any unauthorized material or information or for fraudulent purposes; to annoy, harass others or make fake service bookings; violates the prohibitions of the applicable laws; (ii) Do not use information of Xanh SM, Drivers or User for any purpose other than using the Service (if You are a User) or providing the Service (if You are a Driver); (iii) Do not commit acts (intentionally or unintentionally) that may cause damage to the Application, brand reputation, property of Xanh SM and/or Drivers and/or Users; (iv) To be solely responsible for maintaining and securing your User Account/ Driver Account password or any identification method that Xanh SM provides You for the use of the Application; (v) To provide Xanh SM with any proof of identity that Xanh SM may require for the purposes of creating a User Account/ Driver Account and providing the Services; (vi) To agree to provide accurate, timely and complete information. Xanh SM has the right to terminate your provision and use of the Services at any time without notice; (vii) Do not commit acts of deceiving Xanh SM and other acts of a similar nature to gain illegal benefits in any events or promotional activities conducted by Xanh SM; (viii) Do not cancel a trip multiple times in a row; (ix) Xanh SM reserves the right to block or deny access to the User Account, and/or block built-in features in the Application, without prejudice to Xanh SM's other rights and remedies when Xanh SM believes that You have violated any terms of the Terms of Service and/or the applicable laws; (x) When requesting or using the Services through the Application, You are responsible for paying any telecommunications fees according to the policies of your telecommunications service provider; (xi) The use of the Application, Services and/or integrated features on the Application will be in accordance with and subject to Xanh SM's information security policy; (xii) You are ultimately responsible for your own safety while providing and using the Services, and must take all necessary precautions to ensure safety when providing and using the Services. Therefore, the User must wear appropriate safety gear (i.e. seatbelt) while traveling using the Services. You understand that You are required to adhere to the passengers limits as specified for the vehicle type driven by the Driver. The Driver reserves the right to reject or cancel the Service order if the Drivers determines that the number of passengers will exceed the carrying capacity of the vehicles. (xiii) Goods and luggage left in the vehicle used to provide the Service are not the responsibility of Xanh SM. Xanh SM does not provide storage services and is not obligated to store goods or luggage in any form. (xiv) To commit to take full legal responsibilities and duties for all losses or damages caused to yourself, Drivers, Xanh SM, Xanh SM’s personnel and any third party when You violate any provisions of law, the Terms of Service. (xv) You are prohibited from carrying items that are prohibited or that are not in accordance with the applicable laws and regulations, including but not limited to illegal or dangerous items such as narcotics, illegal drugs or hazardous materials and/or items. 4. PAYMENT, DISCOUNT

4.1. Service Fee will be offered and displayed on the Application before You use the Services. You understand and acknowledge that Xanh SM can change the offer and/or updates the offered Service Fee from time to time based on factors, including location, time, applicable laws and regulations. If there are other costs incurred during the provision of Services for You, including but not limited to toll fees and parking fees, then You are fully responsible for full reimbursement for these additional costs. 4.2. When You have completed using the Services, You are required to pay the Drivers and Xanh SM in full. Any payments made under such option will be non-refundable. 4.3. You may choose to pay Drivers and/or Driver and/or Xanh SM for the provision of the Services in cash, by credit or debit card (“Card”), or any other available payment method in the Application. 4.4. If You choose to pay by Card, You need to register a valid Card in accordance with the regulations shown on the Application. You agree that Xanh SM has right to verify and accept Your Card information when You register your Card at the first time with Xanh SM and when You use the Services. 4.5. If the Card payment is processed abroad, You will bear the costs arising from this payment. 4.6. Xanh SM may refuse to accept payment of any transaction using the Card method on the Application in the event of any error in the transaction leading to the Card issuer refusing payment or where Xanh SM believes that the Card has been used for a transaction that may be fraudulent, illegal or involves any criminal activity or where Xanh SM believes that You are in violation of the Terms of Service. 4.7. You are solely responsible for resolving disputes with the Card issuer. 4.8. When You are a Driver, payment is made according to the contract between You and Xanh SM and the policies issued by Xanh SM that are in effect from time to time. 5. PROMOTION

5.1. Xanh SM, may offer promotions with different features and different prices to any User. These promotional offers are subject to the Terms of Service and shall take effect only for certain Users as indicated in the offer. You may choose whether or not to participate in the promotion 5.2. If You do decide to participate, You agree that the promotion: (i) Can only be used legally according to the content of the promotion program; (ii) May not be reproduced, sold or transferred in any way or made available to the public, unless expressly permitted by Xanh SM; (iii) Not convertible to cash or cash equivalent; (iv) Not valid after the expiration date stated in the promotion. 5.3. Xanh SM may offer various discount policies to any User. Xanh SM has sole discretion to determine the scope of application and terms of the discount policies. By using the Service, You agree to accept the discount policies of Xanh SM. 5.4. You agree to utilize the promotions in accordance with the corresponding terms, conditions, and purpose of such promotions and will not abuse, duplicate, monetize, transfer, use for commercial purposes or take unfair advantage of the promotions in any form of manner whatsoever. 6. LICENSING AND INTELLECTUAL PROPERTY RIGHTS

6.1. If You are a Driver, when applicable, Xanh SM and Xanh SM's licensors (if any) grant You a revocable, non-exclusive, non-transferable license, personal, limited to the use of the Application for the purpose of using the Service on the basis of the Terms of Service. You only have the rights to use the Intellectual Property granted within the Application and Services. 6.2. Only Xanh SM and Xanh SM's licensors (if any) have intellectual property rights and related rights to the Application and/or other supporting software of the Application (“Intellectual Property”). The content of the Terms of Service does not constitute an agreement to trade, assign/transfer to You any ownership of or in connection with the Application and/or other supporting software or any other intellectual property right in the possession of Xanh SM 6.3. When the contract between Xanh SM and the Driver terminates for any reason, the Driver is not allowed to use uniforms, helmet and any property (even if owned by the Driver) associated with Xanh SM's intellectual property (brand, logo,... ) for activities that may cause confusion that the Driver is still cooperating with Xanh SM (for example, transportation business activities) or any other activities that may causing negative impacts on Xanh SM's brand. 6.4. The content of the Terms of Service does not constitute an agreement to trade, assign/transfer to the Consumer any ownership of the Xanh SM’s trademarks, logos, the Service’s logos, the Application’s logos. 7. SECURITY

As a user of the Application, You must keep confidential all information and data relating to Xanh SM, staffs of Xanh SM, the services, products, businesses, marketing and promotion plans or other activities of Xanh SM and its affiliates, as well as information/ privacy data regarding the Drivers or services of the Drivers that has been disclosed to You by Xanh SM or its representative (whether orally or in writing, before, at or after the date of the Terms of Service) or collected indirectly or directly by You from Xanh SM or any other affiliate, or created during the course of the Terms of Service. 8. DISCLAIMER

The Company does not make any representations or warranties or incur any liability for the reliability, punctuality, timeliness, quality, suitability, availability, accuracy or completeness of the Service provided on the Application and/or in terms of offers/gifts. The Company makes no warranties that: (i) The Application and the related support software will be free of bugs or defects. (ii) The quality of any product, service, information, gift, or offer that You purchases or acquires through the Application will fully meet his/her requirements or expectations. (iii) The Services and Applications will completely meet Your requirements or expectations. (iv) The Application and/or the server(s) on which the Application operates will be free of viruses or other harmful components. (v) The use of the Service on the Application and/or other supporting software will be safe, timely, uninterrupted or bug-free or may be operated in conjunction with any other hardware, software, system or any data. Xanh SM will be exempt from liability in the following cases: (i) Losses may be caused to You due to inability to access and use the Application for the following reasons: • Inability to access and use the Application due to Internet connection error. • Hardware or software failures beyond the Company's control. • Negligence of the User/Driver in maintaining security regarding the User Account and/or Driver Account. (ii) Losses due to Internet network errors, machine failure, or system maintenance errors. You acknowledge and agree that all risk arising from the use of the services, offers and any third party services, including, without limitation, transportation services and/or offers of a third party, are entirely Your own and You will not sue Xanh SM in any way. 9. INTERNET ERROR

The Services provided through the Application may be subject to limitations, delays, and other problems resulting from the use of the internet and electronic communications including the equipment You use or the Driver uses is faulty, without connection, out of coverage, off or inactive. Xanh SM will be fully exempted from liability for damages or losses arising from these issues. 10. LIMIT

10.1. By your agreement to the Terms of Service when using the Application, You agree that You will indemnify and hold Xanh SM, its licensors and their affiliates, officers, directors, members, such Xanh SM employees, attorneys and agents harmless against any and all claims, costs, damages, losses, liabilities and other charges (including attorneys' fees and costs and/or actions legal) arising out of or in connection with: (a) Your provision/use of the Services and/or Application in dealings with the Drivers or the Users (as the case may be), or (b) your breach to any of the Terms of Service or any law, whether or not referenced herein, or (c) Your violation of any rights of any third party including the Drivers or the Users arising through the provision/use of the Services, or (d) Your provision/use or provision/misuse of the Services and/or Application; (e) when operating any means to provide the Services. For avoid doubt, the determination of damages and compensation will be based on the regulations and principles of the applicable laws. 11. NOTIFICATION

Xanh SM may send a notice in the form of a general notice on the website, on the Application, by email to your email address in Xanh SM’s record, or in writing sent by registered mail or prepaid mail to Your address stored in the Xanh SM's database. Xanh SM's notice will be deemed to have been sent to You 48 hours after ending (if via a registered mail or prepaid mail) or after 1 hour after sending (if via e-mail). You can send notice to Xanh SM by email to the email address [email protected], by mail or by registered mail to the Xanh SM's address according to the contact information as provided on the website or the Application. This notice takes effect from the time Xanh SM receives the notice. 12. TRANSFER

You may not transfer your rights and obligations arising under the Terms of Service without the prior written consent of Xanh SM. Any intentional transfer of Your rights or obligations arising under the Terms of Service in violation of this section will be considered null and void Xanh SM may transfer its rights and obligations arising under the Terms of Service without Your consent. 13. DISPUTE RESOLUTION

13.1. In the event of any dispute arising out of and/or related to the signing and implementation of the Terms of Service, Xanh SM and You shall resolve it through negotiation. If the dispute cannot be resolved by negotiation, the dispute will be resolved by the competent by the competent court in accordance with the applicable laws. 13.2. Notwithstanding anything to the contrary, any claim between Driver and User must be resolved directly with each other. 14. PERSONAL INFORMATION

Collection, storing, processing, use and sharing of Your personal information, such as identity data, contact data, location data You provided when opening an Account are subject to the Privacy Policy, which is an integral part of the Terms of Service. 15. APPLICATION SOFTWARE

We only provide official Application software on Google Play Store or Apple App Store, and for use on mobile phones or tablet devices only. The downloading the Application which is not Google Play Store or Apple App Store and/or to devices other than mobile phones or tablets is a violation of the Terms of Service and of Our intellectual property rights. To get the best experience while using the Application, Xanh SM may, from time to time, develop the Application including modifications, repairs, enhancement, updates, additions, and all programs, features, data and information within the Application (“Update”). The use of these Updates are to enhance the functions of the Application and to provide You an improved and enhanced experience. Updates may be made and performed automatically or may require action from You. You agree to receive such Updates when available and permit Xanh SM to deliver them to you as part of your use of the Application. Please note that the Application may not operate optimally or may not operate at all if the Update is not installed or carried out by You. While the Updates may be automatically deployed or require your manual intervention, please be advised that in the event any form of discrepancies exist due to possible gaps between those Updates, usage of the Application represents your confirmation that the latest version shall prevail. We cannot guarantee that Updates will be available, or that those Updates will be compatible or always compatible with your mobile device specifications and/or your operating system.