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CONDITIONS OF CARRIAGE FOR GRABEXPRESS

NOTE – Please read the Conditions of Carriage provided hereunder (the “Conditions of Carriage”) carefully. By using the delivery services initiated through the GrabExpress feature in the Grab mobile application, the User agrees to have read, understood, acknowledged, accepted and agreed with the Conditions of Carriage.

The Conditions of Carriage constitutes a legal agreement between the User and GrabTaxi Company Limited, a company incorporated and operating under Vietnamese laws and having its Enterprise Registration Code of 0312650437 (“Grab”).

Grab reserves the right to modify, vary, supplement and change the Conditions of Carriage or its policies at any time as it deems fit. Such modifications, variations, supplemental and/ or changes to the Conditions of Carriage or its policies shall be effective upon the posting of an updated version at http://www.grab.com and/or the Grab app. The User agrees that it shall be the User’s responsibility to review the Conditions of Carriage regularly and if there are any such changes, whether or not reviewed by the User, shall constitute the User’s consent and acceptance to such changes.

CONDITIONS OF CARRIAGE FOR GRABEXPRESS

  1. Grab does not provide delivery services. The service of Grab is to link the User to the Transporter for the Transporter to provide its services. Grab does not intend to provide the delivery services or any act that can be construed in any way as an act of a delivery service provider. It is up to the Transporter to offer the delivery services to the User and up to the User to accept such services. Grab is neither responsible nor liable for the acts and/or omissions of the Transporter and/or any delivery services provided to the User.
  2. The User warrants that he/she is either the Owner or the authorized representative of the Owner of the Goods, and is authorised to accept and is accepting these Conditions of Carriage for itself and as representative for and on behalf of the Owner of the Goods.
  3. The User ensures that RECEIVER NAME and CONTACT is included in the “Notes to Driver” column.
  4. The User ensures that a DESCRIPTION of Goods is included in the “Notes to Driver” column. The User represents and warrants that the description and particulars of the Goods are true, complete, accurate and correct from all and any perspectives. If for any reason, there is suspicion to the accuracy of the Description of Goods, Grab and/or Transporter reserves the absolute right to unpack and inspect the Goods to confirm the Description of Goods. For avoidance of doubt, under no circumstance shall Grab be obliged to inspect the Goods. Before the delivery commences, the User shall inform the Transporter of any specific precaution which should be applied to the handling of the Goods in accordance with their nature.
  5. The User represents and warrants that he/she is complying with all laws and regulations relating to the nature, condition, packaging, handling, storage and carriage of the Goods and that the Goods are not in any manner or condition prohibited by law, dangerous or hazardous or highly perishable.
  6. Under any circumstances, maximum weight allowed for the Goods is 30 kg with length, width and height under 60*60*60 respectively and the Goods must not include the following items:
    • Electronic devices, cash, ration stamps, bonds, valuables and precious metals such as money, gold, silver, gemstones, antiques or similar items
    • Drugs, CDs, animals, fresh commodities as in edible material.
    • Weapons, explosives and items prohibited by Laws.
    • Hazardous items, poisonous substances, highly breakable and/or radioactive items
  7. In the event of shipment loss/damage on account of the Transporter, indemnity shall be estimated and determined based on current value of the Goods at the time of occurrence but shall not exceed 4,000,000 VND/case.
  8. If shipment lost is a form of documents, prints except ration stamps, bonds and other valuable notes such as cash, indemnity shall be determined based on recovery cost but shall not exceed 1,000,000 VND/case
  9. User is responsible for complying with the terms in the Conditions of Carriage and providing information, documents in the event of shipment loss/damage so that the Transporter follow the procedures and indemnify accordingly. Indemnity will be made within 15 business days starting from the date all information and documents are fully provided.
  10. The User shall give to the Transporter sufficient and executable instructions. If the User’s instructions are insufficient and unable to be executed, the Transporter shall, within the limits of its duty of care and diligence, inform the User.
  11. Except where the Transporter has agreed in writing to pack the goods, the User represents and warrants that the Goods are properly and sufficiently prepared, packed, stowed and marked, and that the preparation, packing, stowage, labelling and marking are appropriate to any operations or transactions affecting the Goods and the characteristics of the Goods.
  12. The User shall be solely liable for demurrage or loss, damage, contamination, soiling or detention, before, during or after the carriage of the goods (including but not limited to Containers) or any person referred to herein caused directly or indirectly by the User or any person acting as servants, representatives or independent contractors for or on behalf of either of them.
  13. The User assumes full responsibility and liability for loss, enforcement by authorities for Goods or damage suffered by the Transporter or any third party as a result of any breach of the above Conditions of Carriage.
  14. In order to use the delivery service provided by the Transporter hereunder, User’s personal data may be required to be submitted GrabTaxi. Users represents and warrants that the personal data provided by him/her are true and valid.
  15. User agrees to allow Grab to use his/her personal data (including name, contact number, email, and address) and transfer such data to the Transporter for the purpose of providing the Services. User also grants Grab the right to compile, collect, store, and update his/her personal data in a necessary scale and period of time during the time Grab provides app services.
  16. User agrees and acknowledges that Grab’s compilation, collection, storage, use and transfer of his/her personal data is subject to GrabTaxi ‘s Privacy and Personal Data Collection Policy (the Privacy Policy) as posted and periodically updated on Grab ‘s website. User also acknowledges that he/she has read and understood the Privacy Policy before agreeing to the Conditions of Carriage.
  17. Transporter shall make reasonable efforts under the circumstances to deliver the Goods according to the estimated time frame and schedule It is noted that these time frames are estimates and may not be accurate in the extraneous conditions such as traffic, weather, power outages, and civic or civil disruptions. Under no situation will the Transporter be liable for any loss or damage resulting from delays in delivering the Goods.
  18. User shall not, by any means, use the Grab mobile application or the service of the Transporter to commit, cause, induce, promote, or support any illegal acts or trafficking of illegal products or violate any legal rights or privacy of any person including tracking, stalking, and harassing any person.
  19. User shall not use the Grab app to produce or disseminate advertisements, spam, or any kind of messages which may cause nuisance to any person.
  20. User shall not take any action that may cause delay, damage, or destruction of the operation of the Grab app or the servers and network that are linked to the Grab app.
  21. User shall not commit any misrepresentation in the use of the Grab app including using the Grab app in the name of another person. User shall also refrain from using the Grab app stored on another person’s device without permission.
  22. Grab provides no warranty, assurance, or promise that its technology, applications, or customer service will work as intended on User’s phone, computer, tablet or other device.
  23. Grab does not warrant or guarantee the availability, reliability, timeliness, accuracy, or quality of the delivery services, Grab’s ppp or the Transporter.
  24. Grab is not liable for any losses, damages, claims, or costs including any consequential, indirect, or incidental losses or damages to the User’s mobile device or any applications stored therein as a result of installation or use of the Grab’s App.
  25. Grab is not liable for any losses or damages, including but not limited to any injury which the User may suffer, any damage to property owned by or in possession of the User or the Goods, or any Indirect Loss and Damage, resulting from the Transporter’s services, matters relating to the Transporter, or the process of transporting the Goods. Any movement of the Goods involving a User and a Transporter is a direct contract between those parties in which Grab is not a party.
  26. Neither party shall be liable to the other party or be deemed to be in breach of this Conditions of Carriage by reason of any delay in performing, or any failure to perform, any of that party’s obligations under this Conditions of Carriage, if the delay or failure was due to a Force Majeure, provided that such party shall (i) as soon as practicable, serve on the other party written notice thereof specifying the particulars of the Force Majeure event, the extent to which such party is unable to discharge or perform its obligations, the reasons for the inability of such party to perform or discharge its obligations and the estimated period during which such party is unable to perform or discharge its obligations; and (ii) promptly take and continue to take all action within its powers to minimise the duration and effect of the Force Majeure event on such party.  For the purpose of this provision, “Force Majeure” means any cause beyond a party’s reasonable control affecting the performance by the affected party of its obligations hereunder including, but not limited to, acts of God, riots or civil disorder, war or military operations, national or local emergency, acts or omissions of government, industrial disputes of any kind (not involving the affected party’s own employees), fire, flood, lightning, explosion, subsidence, inclement weather and acts or omissions of persons or bodies beyond the reasonable control of the said party; and “Force Majeure” where applied for Grab also includes any internet crisis and any of out-of-control technical issues which may intervene the technology system supporting the normal operation of the Grab app;
  27. In providing the Grab app, Grab does not act as an agent or representative for the User or Transporter.
  28. The User accepts fully and unconditionally the current form of the Conditions of Carriage at each use of the Services.
  29. These Conditions of Carriage shall be governed by the laws of Vietnam and the User is entitled to submit it to the jurisdiction of the competent courts of Vietnam.