Term and Conditions

Lalamove Vietnam

Lalamove (We) provides network-based transportation applications on Smartphone and Web App. Through this network, customers who wish to make a shipment (User) can connect directly with the Driver (confirmed by Lalamove as the Carrier Driver) to perform the freight service.

On joining the transportation network of Lalamove, you are deemed to have read, researched and agreed with our Terms and Conditions.

These Terms and Conditions is deemed as the agreement between Lalamove and User. This document can supersede any agreement, negotiation with the protected subjects. This document will also take precedence over any existing agreement between Lalamove and the User or any provision proposed by the User, whether written or oral.

Interpretation
1. In these Terms and Conditions unless the context otherwise requires the following expressions shall have the following meanings:
   A. “Lalamove” means LALAMOVE LIMITED LIABILITY COMPANY, a company incorporated in Vietnam with its registered office at 6th floor, No. 327- 329, To Hien Thanh Street, Ward 13, District 10, Ho Chi Minh City, Vietnam.
   B. “Participating vehicles” means the vehicles which have agreed with Lalamove to accept bookings from you through the Services.
   C. “Services” means the services.
   D. “Software” means the Lalamove program to which these Terms and Conditions are related.
   E. “Terms and Conditions” means these terms and conditions as amended from time to time.
   F. “Advertisement” means the promotion messages appear on your mobile device during the operation of the Software.
2. These Terms and Conditions set out the entire agreement and understanding between Lalamove and you on the use of the Software and the Services.
3. Words denoting the singular number only shall include the plural and the masculine gender shall include the feminine and neuter and vice versa.
4. Unless the context otherwise requires, reference to any paragraph is to the paragraph of these Terms and Conditions.

5.  Order information: all information required by Lalamove for a order:

  • Information of Sender (Name, Phone number, Address)

  • Information of Receiver (Name, Phone number, Address)

  • Additional services: User selects services according to his/her needs.

  • Notes: The amount of money Driver pays in advance, warning, instruction on the order.

  • Promo code: if available. If customer does not insert promo code, we automatically credit the shipping fee displayed on the Application.

6. To avoid misunderstanding, Lalamove is not a delivery company, but rather an intermediary providing an Application that connects delivery needs between the User and the Driver. As a result, the delivery of a driver's service to a User is subject to an agreement established between the User and the Driver.

Licence of the Software
1. You are permitted to install a copy of the Software on your mobile device for your use provided that you shall not use the Software or the Services for any commercial purposes.

2.  Your personal information is protected according to Lalamove Privacy Policy.

3. You can only access to the service by authorized means. You are responsible for ensuring that you downloads the correct Application for your device. Lalamove is not responsible if the you do not have a compatible mobile device or if the you have downloaded the wrong version of the Application. Lalamove reserves the right to terminate the service and your use the Application if you use the Service or the Application on an incompatible or unauthorized device.

4. You will be fully responsible for the use of your Account on Lalamove Application System.

5. You will pay Driver in accordance with the Lalamove's pricing and agreement.

6. You are obliged to package, reinforce the order so that it is not torn, damaged, stamps are broken, the sides stick together. You are obliged to carefully pack fragile orders and clearly label the items. The driver has the right to refuse transportation of the goods if the driver thinks that the item is not transportable.

7. You have to check and confirm the Driver who take your order. Complaints are only enforced for orders with information matched with that on the system.

8. In case you lose your phone or change the registering phone number, you are responsible for informing Lalamove’s Customer Service Department to carry out the changing process or temporarily block related transactions to help you manage your service usage. Lalamove will not be liable or will settle the claim in case the you do not notify Lalamove resulting in a third party using your account to make the orders.

9. You will not authorize, assign or transfer your account to a third party under any form.

10. You will be legally responsible for the subject you order Driver to deliver.

11. You are not permitted to rent, lease, sublicense, distribute or transfer copies of the Software or the license for the use of the Software to any third parties.

12. You shall not modify, adapt, reverse engineer, decompile, disassemble, translate the Software or create derivative works based on the Software.

13. You shall not interrupt the normal operation of the Software, or use any methods to export or modify the source code of the Software.

14. You shall not upload or send out any kinds of computer viruses, worms, trojans, or malicious codes.

15. You shall not install and/or execute the Software on any device other than the mobile device running the operating systems approved by Lalamove.

16. Other than the license to use the Software granted in paragraph 2, no other license or right is hereby granted to you and the ownership of the Software and all other rights are hereby expressly reserved by Lalamove and its suppliers.

17. In case you violate the terms and conditions or Lalamove identifies the signals of violation, Lalamove reserves the right to immediately close your Account without consent from you or any third party. Concurrently, Lalamove reserve the right to decide if you can re-register a new account after your

Services
1. The Services provided by Lalamove are to distribute your details and details of your proposed journey by vehicles submitted to Lalamove through the Software to participating vehicles for their acceptance and to provide you with other information on the relevant Participating vehicles, the journey and on your use of the Services.
2. You agree and acknowledge that Lalamove is not your agent or the agent of Participating vehicles and is not a party to the contract for the hiring of the Participating vehicles.
3. You shall safeguard any login name and password Lalamove may provide to you in relation to the Software and the Services and shall not disclose them to third parties.
4. Lalamove shall assume that any person using your mobile device, your login name and password will either be you or someone authorized by you.

Purchase Service
1. Payment Method: 
   A. When accepting the order, Driver shall pay in advance to User by cash only (if any), after deducting the user charges that have not been paid in advance. User has the right to refuse Driver and ask Lalamove call center to connect with the new Driver if the Driver doesnot have enough cash to pay upfront. If User and Driver have their own transaction(s), out of Lalamove's control, we refuse to assist. 
   B. In the case of prepaid charges, User makes a prepaid electronic wallet on the Lalamove system and receives a cash advance from Driver according to the order remarks and then receives cash back from Recipient.
2. The total amount of purchased service shall not exceed 3,000,000 VND (three million dong) per transaction. To the above amount, we refuse to assist.
3. In case of cancellation or returning the goods/parcels: 
   A. If User is subject to shipping charges: When returning the goods/parcels, User must pay the amount of the advance money of purchase service plus 25,000 VND roundtrip for driver. 
   B. In case Recipient is subject to shipping charges: When returning the goods/parcels, User must pay the amount of the advance money of purchase service, plus 100% of the delivery fee and 25,000 VND roundtrip for driver. 
   C. The order is considered as canceled in case of: 
      I. The recipient refuses to take the goods. 
      II. As requested directly from User. 
      III. Driver cannot contact the recipient more than 3 times continuously within 20 minutes. 
4. In the event the order recipient is unreachable within 20 minutes of driver arrival of recipient address:
   A. The driver will bring the good back to the sender's address (order origin).
   B. The sender must pay back the exact purchase value to the driver against presentation of the issued receipt.
   C. The sender must pay the order delivery fee if it wasn't settled at pickup
5. Lalamove will not charge a return fee in this particular case:
   A. If the sender cannot be reached, the good will be returned to the Lalamove office.
   B. Once a good is at the Lalamove office, the sender must organize and pay the return by himself.
   C. There is no automated return option.

Regulations on E-Wallet

1. E-Wallet top up will create favorable conditions for Users to optimize the advantages of non-cash payment.
2. Users can top up to E-Wallet by linking international credit or debit cards (Credit/Debit from Visa/Mastercard/JCB/Amex)
3. The balance on E-Wallet is used to pay the shipping costs of orders placed on Lalamove Application and not able to convert to Cash or any forms of transfer.

Regulations on goods

1. User carries out all works of arranging, packaging, taking note of the goods and informing Driver of the goods in advance of the characteristics of the goods to be noted during transportati on.
2. Package size: 40 x 40 x 40 (cm), the weight does not exceed 30kg.
3. Goods/parcels categories are not belonging to groups of being banned from transportation under Vietnamese law or denied to be transported. 
   A. Money in all forms.

   B. Pre-drug narcotics, neuroleptics.

   C. Arms, military technical equipment (guns, swords, swords, cutlery ...)

   D. Explosive materials, inflammables, dangerous substances, unhygienic and environmental pollution.

   E. Goods and documents which violate the State's regulations on goods banned from export and / or export.

   F. Live animals.

   G. Other items confirmed at the time of purchase or shipment.

   H. Goods may cause damage to operators, means of transport and other types.

   I. Goods and commodities banned by the State from circulation, banned from business, banned from import or export.

   J. Goods and commodities banned by the State from circulation, banned from business, banned from import or export (including debauched, reactionary, superstitious cultural products, …)

   K. Dangerous toys, toys harmful to the moral education and health of children or to social security, order and safety (including video games)

   L. Human medicines, vaccines, medical products, cosmetics, insecticidal and germicidal chemicals and preparations in domestic and chemical field not yet permitted for use in Vietnam

   M. High value items such as precious metals (gold, silver, platinum ...), precious gemsor other products made from precious metals, gems, etc.

   N. Smuggled cigarettes, cigars and other finished tobacco products.

   O. The original of the files, drawings, documents, electronic recordings or invoices that have not been backed up or stored.

4.  Lalamove Driver has the right to request to inspect the goods from the Sender prior to shipment and to refuse the orders specified in the above regulations.However, this does not imply that the Driver or Lalamove will be liable if during the course of the transportation it is discovered by legal entities that the goods are in violation of law (whether checked or not by User). Users are fully responsible before law if they deliberately request to transport the goods on the prohibited list when detected by the authorities.

Complaints settlement

  1. In case of any complaints about Lalamove delivery service, User can do it in one of the three following ways:

     2. Lalamove will assist in the settlement of complaints between the User and the Driver. The handling principles shall be based on the actual damage caused when performing the service, solving in the order of arising errors from any side.

     3. If the user complains about the attitude or behavior of the Driver, Lalamove will handle, discuss with the driver and handle in accordance with sanctions of Lalamove. In cases of insults, fights (if any), Lalamove recommends the User to report to the authorities about criminal behaviors in accordance with the Criminal Code.

     4. In the event of a complaint about loss, damage or depreciation of goods, Lalamove will handle according to the following steps:

     · Step 1: Lalamove will verify the incident, investigate the information provided by the User and the Driver in the complaint.

     · Step 2: Lalamove inform involved parties about the proposed settlement in 1 3 days.

     · Step 3: In the case of unclear verification information, mismatch between actual delivery and the information shown on the form, Lalamove will provide the driver's phone number for the user to contact and confront directly with the driver.

     · Step 4: If the user can not contact the Driver, if the order value is more than 3 million (according to Criminal Law), Lalamove recommends the User to report to the appropriate authorities, Lalamove pledges to provide the driver's personal information when required by the authorities. If the value of the order is less than 3 million, Lalamove will pay compensation under the Compensation Policy below.

     · Step 5: Lalamove will ban the Driver’s account permanently and that Driver will not be able to register for any new account.

     5. The time for complaint submission is 02 days from the date the driver receives the package. Lalamove will process the complaint within 03 working days from the date of receiving the request. Within 7 working days from the date of the agreement between the parties, Lalamove will pay the User.

Compensation policy
This compensation is only proceeded when User provides a picture showing the loss/damage status of the goods/parcels caused by Lalamove’s Driver, basing on according invoice of goods/parcels being transported by Lalamove. The basis for determining the value of the damage is the Value Added Invoice or Direct Invoice ("Invoice") corresponding to the lost or damaged goods in the course of transportation.

1. Lalamove's compensation liability is calculated from the time Driver picks up the goods/parcels until the time Driver completes the delivery to the Receiver.

2. The base for determining the value of the compensation is the official invoice of the goods/parcels being transported by Lalamove and provided by User within 7 days from the date Lalamove receive information. Based on the above documents, Lalamove will arrange for the parties to discuss the solution. Beyond this deadline, we refuse to process it.

3. Compensation policy: 
   A. Time and method of handling complaints: 
The time for User to submit the complaint is 02 days from the date Driver comes to pick up the goods/parcel. Lalamove will proceed the complaint within 03 working days from the date of receiving the request. Within 7 working days from the date of the agreement between the parties, Lalamove shall pay to User. 
How to respond to complaints: Users can use one of three following channels: 
- Contact Hotline (028) 73046686 
- Email: info.hcmc@lalamove.com 
- "Help & Review" section on Applications
   B. The limit range of compensation for each specific case is stipulated as follows:
      I. The goods/parcels are DAMAGED and User can provide the official invoice:
      The compensation rate is 70% of the value of the goods/parcels plus the delivery fee has been paid in advance (if any), but not exceeding VND 3,000,000 for motorcycle order and not exceeding VND 5,000,000 for truck order.
      II. The goods/parcels are LOST and User can provide the official invoice:
      The compensation rate is 100% of the value of the goods/parcels plus the delivery fee has been paid in advance (if any), but not exceeding VND 3,000,000 for motorcycle order and not exceeding VND 5,000,000 for truck order.
      III. Lost / damaged goods, but User cannot provide official invoice:
      The compensation value is equivalent to 4 times the delivery fee.

4. Lalamove is exempt from liability of compensation to User in the following cases:
   A. Users can not provide official invoices to verify the source and value of the goods.
   B. Goods/parcels are banned from transportation or confiscated or destroyed under decisions of competent agencies.
   C. User does not have specific instructions on loading and unloading of goods resulting in damaged goods.
   D. The goods/parcel are carefully packed or sealed when handed over to the driver and the driver shall not inspect the goods inside.
   E. Goods/parcels are in excess of the prescribed size or weight.
   F. Damage is entirely due to User's fault or to the nature or inherent defect of the goods.
   G. User cannot prove the status as well as cause leading to the damage or loss.
   H. The goods/parcels has been delivered and the recipient has no feedback on the status of the goods within 2 hours of receipt.
   I. Users and Drivers have private deals or negotiations, out of Lalamove’s control. (including the deals related to purchase service)
   J. Cases of force majeure in accordance with the law of Vietnam.
   K. In the event of partial damages caused by User, Lalamove is exempt from liability of compensation to User.

Fees
The Services provided by Lalamove are free of charge.

Links and Advertisements
1. Lalamove is liable for the contents and the accuracy of the Advertisements under the prevailing Law on AdvertisementsLalamove is not liable for the contents and the accuracy of the Advertisements.
2. Lalamove shall not be liable for your transactions with the advertisers of the Advertisements.
3. Lalamove shall assume that any person using your mobile device, your login name and password will either be you or someone authorized by you.

Disclaimer
1. The Software is delivered to you on an “as is” basis and although Lalamove has used its best endeavors to ensure that the Software will work properly on your mobile device, Lalamove does not warrant the performance of the Software nor the compatibility of the Software with your mobile device.
2. Lalamove does not warrant the availability of the Services, the availability of vehicles through the use of the Services, the accuracy of the data or information provided as part of the Services or the quality of the services of the Participating vehicles.
3. Lalamove shall not be liable to you for any damages, claims or costs whatsoever including any consequential, indirect, incidental damages or any loss of profit or damages to your mobile device as a result of your use of the Services or your installation and / or execution of the Software even if Lalamove or its representative has been advised of the possibility of such loss, damage or claim.
4. Lalamove shall not be liable for any loss or damages, including any injury which you may suffer as a result of your vehicles journey in a Participating Vehicles hired through the Services and all your rights in relation thereto and in relation to the contract for hire between you and the relevant Participating vehicles shall be a matter between you and the relevant Participating vehicles.
5. The foregoing limitations and exclusions apply to the extent permitted by law.

Personal Data and Privacy
You may be required to submit personal information to Lalamove in order to use certain function of the Software.
You agree that Lalamove can use your personal data (namely your name and contact number) as provided by you to Lalamove from time to time when you use the Software for the purpose of providing the Services.
You agree that Lalamove is entitled to collect, use, keep and update your personal data to such extent, for and at such time period as may be necessary when Lalamove provides the Services to you, and you confirm that the personal data so provided by you are true and correct and up to date. 7.4 You further expressly consent that Lalamove is entitled to transfer your personal data to the Participating vehicles as may be necessary including, without limitation for the purposes of sourcing a booking to be accepted by a vehicle’s driver, confirmation/clarification of the booking information between you and the vehicle’s driver, and tracking the booked vehicles when Lalamove provides the Services to you.
You further agree that the collection, use, storage and transfer of your personal data is generally subject to Lalamove's privacy policy and personal information collection statement the latest version(s) thereof is at “www.lalamove.com”, and you acknowledge that you have read and understood the same prior to agreeing to these Terms and Conditions.

Miscellaneous
Lalamove may from time to time amend the terms of these Terms and Conditions by “www.lalamove.com” and such shall be binding on you upon posting.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Vietnam.
You submit to the non-exclusive jurisdiction of the courts of Vietnam.
Lalamove reserves the right to change the above Terms and Conditions at any time without prior notice.

Rules of usage
You shall not use the Software for or to promote any illegal acts.
You shall not use the Software to produce any email advertisements or spam emails.
You shall not use the Software in any way to track, stalk, harrass or hurt any person.
You shall not in any way interrupt/destroy the operation of the Software or the servers/network that linked with the Software; Nor violate the network requirements, process, or terms and conditions that were mentioned when using the Software.
You shall not use the Software in another person’s name.

Promotions
Lalamove's promotions are introduced from time to time. All promotions provided are subject to the prevailing regulatory requirements. Lalamove reserves the right to revise, suspend or terminate these requirements or Terms and Conditions at any time and Lalamove may withdraw the offer at its discretion without prior notice.