1. Definitions

Automatic online payment service: the licensing, data processing and performance of payment provided by VCB and NAPAS (payment approval units) to Be Group to process automatic payment transactions incurred when the Consumer use Be Group’s Service.
Automatic online payment transaction/Transaction: a transaction made by Be Group on the Consumer’s behalf to pay for goods and services through an online payment channel when incurred for goods and services which Be Group provides to the Consumer with a Token on the basis of his/her authorization for Be Group.

2. Method of payment

When the Consumer uses the transport service on the Be E-commerce Platform and use NAPAS’s payment tools, he/she agrees to irrevocably authorize Be Group to perform automatic online payment transactions on his/her behalf via the payment gateways of VCB and NAPAS
Authorization content: the Consumer agrees to authorize Be Group to perform the following actions on his/her behalf:
Perform automatic online payment transactions for the transport service that Be Group provides to the Consumer.
Terms of payment: payment made when the Service arises.
Automatic payment time: fixed or not fixed.
Payment value: fixed or not fixed.
Means of payment: Token.
Goods and services that are automatically paid for: transport services.
When accepting the authorization for Be Group, the Consumer implicitly agrees to give VCB and NAPAS the right to store his/her information (including but not limited to the information on the means of payment, transactions, etc.) to serve the performance of the service.
If the Consumer does not agree to authorize Be Group in accordance with this clause, he/she can use another method of payment.

When using the Service and the Be application, the Consumer undertakes and guarantees that:
The Consumer has full civil act capacity in accordance with applicable laws to accept and agree to the Terms of Use; has the right, authority and capacity to use the Service and to comply with these Terms of Use.
The information the Consumer provides to Be Group is always up to date, complete and authentic.
The use of the Service and the Be application is for a legitimate need.
The Consumer will not authorize others to use his/her identity or his/her status as a Be application user.
The Consumer will not transfer or assign his/her Be application user account to any other individual or organization.
The Consumer undertakes to always comply with relevant applicable laws in his/her country and in Vietnam where the Service is used.
The Consumer is responsible for checking and ensuring that he/she has correctly downloaded a compatible Be application to his/her mobile device. Be Group is not responsible for the Consumer’s failure to have a device compatible with the Be application and/or if he/she has downloaded an inappropriate, incompatible version of the Be application to his/her mobile device.
The Company reserves the right not to allow the Consumer to use the Service in the event that he/she uses the Be application on an incompatible device or use the Be application for purposes other than those supported by the Be application.
By using the Be application, the Consumer undertakes and agrees that:
The Consumer will not use the Be application to send nor store any unauthorized material or information or for fraudulent purposes; to disturb, harass others or make fake service orders; to violate the regulations of applicable Vietnamese laws.
The Consumer will not contact the Partner on the Be E-commerce Platform for purposes other than using the Service which the Be application supports.
The Consumer will not use the information of Be Group or the Provider for any purpose other than using the Service.
The Consumer will not perform acts (intentionally or unintentionally) that may cause damage to Be, the brand reputation and property of Be Group and/or the Supplier.
The Consumer will not copy, resell, gift or distribute the Be application and/or related supporting software without Be Group’s prior written permission.
The Consumer is fully responsible for keeping and securing the password of his/her Be application account (User Account) or any identification method provided by Be Group for him/her to use the Be application.
The Consumer will provide Be Group with any proof of identity that Be Group may request for the purpose of providing User Accounts or the Service.
The Consumer agrees to provide accurate information, regularly, promptly and fully update information as required by Be Group to use the Service to ensure that such information is always authentic, up to date and complete at all times. The Consumer acknowledges that if the information about him/her is inaccurate, out of date or incomplete in any way, Be Group reserves the right to terminate his/her use of the Service at any time with or without notice.
The Consumer will not commit fraudulent acts against Be Group nor other similar acts in order to gain illicit benefits in any events, promotional activities or campaigns conducted by Be Group.
When the Consumer orders the Service through the Be application or when he/she uses the Service, he/she will pay his/her own telecommunications charges in accordance with the policy of the telecommunications service provider.
The Consumer will not commit acts aimed at undermining the normal operation of the Be application and the related information technology systems of Be Group.
The Consumer’s use of the Be application, the Service and/or the features integrated into the Be application will be consistent with and subject to the Information Privacy Policy of Be Group.
The Consumer undertakes to be fully responsible and liable for all losses or damages caused to himself/herself, the Partner, Be Group and any third party when the Consumer violates any provision of these Terms of Use.

As a user of the Service through the Be application, the Consumer agrees that the tax obligations of Be Group and the Partners providing transport services are independent. Each party is obliged to declare and fulfill its tax obligations towards the State in accordance with the laws on taxation of the Socialist Republic of Vietnam.

Be Group and its licensors (if any) will, where applicable, grant the Consumer licenses that are revocable, non-exclusive, non-transferable, personal, limited to the use of the Be application for the purpose of using the Service on the basis of these Terms of Use.
All rights not specifically granted to the Consumer are reserved by Be Group and its licensors.
The Consumer may not:
License, re-license, sell, resell, assign, transfer, distribute, commercially exploit or provide the Be application to any third party in any way.
Modify or create derivative works of the Be application and/or related software.
Create Internet “paths” that link to the Be application or “serve as a basis for” or “mirror” any software on any server or any other device operating on the Internet.
Reverse the design or access the Be application to:
Develop a product or Service that competes with Be Group.
Develop a product using ideas, features, functions or graphics similar to those of the Be application; or
Copy any idea, feature, function, or graphics of the Be application.
Launch an automated program or script, including but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, automated bots, viruses or any other program that can make multiple requests to Be Group’s server to slow down or interfere with the operation and/or performance of the Be application.
Post, distribute or copy, in any way, any copyrighted material, trade name or other proprietary information of Be Group without its consent.
Remove any notice of copyrights, trade names or other proprietary rights on the website or the Be application.
The Consumer may use the Be application for the purpose of using the Service of Be Group may not use the Be application to:
Send spams or mass messages or automated messages.
Send or store documents that infringe upon the reputation or honor of other individuals or organizations.
Send or store obscene, threatening, defamatory material, including but not limited to, material that is harmful to children or that violates the privacy of a third party.
Send documents containing software viruses, Trojans or codes, files, scripts, spyware or malicious computer programs.
Interfere with or disrupt the integrity or performance of the Be application or the data contained therein; attempt to gain unauthorized access to the Be application and/or the Software; or
Impersonate any individual or organization or misrepresent the Consumer’s relationship with another individual or organization to evade obligations or perform actions that could harm the legitimate rights and interests of Be Group and/or a third party.

Only Be Group and its licensors (if any) have intellectual property rights and related rights to the Be application and/or other supporting software of the Be application.
The content of these Terms of Use does not constitute an agreement to trade, assign/transfer to the Consumer any ownership of or in connection with the Be application and/or other supporting software or any other intellectual property right in the possession of Be Group.
The content of these Terms of Use does not constitute an agreement to trade, assign/transfer to the Consumer any ownership of the Company’s trademarks, logos, the Service’s logos, the Be application’s logos and the Supplier’s logos.

As a user of the Be application, the Consumer must keep confidential all information and data relating to the Company, the services, products, businesses, marketing and promotion plans or other activities of the Company and its affiliates, as well as information regarding the Partners providing third party services or third party services that has been disclosed to the Consumer by the Company or its representative (whether orally or in writing, before, at or after the date of these Terms of Use) or collected indirectly or directly by the Consumer from the Company or any other affiliate, or created during the course of these Terms of Use.
The above confidentiality obligation does not apply if the information:
Is already owned by the Consumer at the time of receipt.
Is, or will be in the future, universal information not due to the Consumer’s fault or error.
Was received by a third party with the right to disclose it; or must be disclosed as required by law.

The Consumer will be responsible for repair or cleaning costs for the Vehicle of the Company or the Supplier (Transportation entity, Driver) when he/she uses the Service improperly or in violation of the provisions of these Terms of Use.
The Company reserves the right to collect reasonable costs of repair or cleaning of this Vehicle; may collect on behalf of the Supplier through the methods of payment specified by the Consumer or ask the Consumer to pay cash in the event of a request to repair or clean the Supplier’s Vehicle authenticated by the Company.
The Company reserves the right to charge a fee when the Consumer uses the Be application as a user of the Be application and/or other supporting software to order transport services. The service fee policy (if applicable) may be waived, reduced or changed from time to time, which may be published on the Company’s website and/or through the Be application.

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 Be E-commerce Platform and/or in terms of offers/gifts.
The Company makes no warranties that:
The Be application and the related support software will be free of bugs or defects.
The quality of any product, service, information, gift, or offer that the Consumer purchases or acquires through the Be application will fully meet his/her requirements or expectations.
Be’s service and application will fully meet the Consumer’s requirements or expectations.
The Be application and/or the server (s) on which the Be application operates will be free from viruses or other harmful components.
The use of the Service on the Be E-commerce Platform, the Be 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.
The Company will be exempt from liability in the following cases: Losses that may occur to the Consumer due to inability to access and use the Be application for these reasons: inability to access nor use the application due to Internet connection error, hardware or software failure beyond the control of the Company, losses due to Internet error, machine failure or system maintenance error.
The Consumer acknowledges and agrees that all risks arising from the use of services, offers and any third party service, including but not limited to, transportation services and/or offers of a third party, are entirely his/her own and he/she will not sue the Company in any way.

The Service provided on the Be E-commerce Platform and the Be application may have limitations, delays and other problems resulting from the use of the internet and electronic communications including: the device the Consumer or a third-party service provider uses is faulty, without connection, out of coverage, off or inactive. The Company will be fully exempt from liability for damages or losses arising from these matters.

Any claim by the Consumer against the Company under any circumstances will be limited to the sum of all the amounts paid by the Consumer and/or he/she will pay for the use of the Service, limited to the event that led to such claims.

The Company may send a notice in the form of a general notice on the website, on the Be application, by email to the Consumer’s email address listed in the Company’s records, or in writing via a registered mail or prepaid mail to the Consumer’s address stored in the Company’s data.
The Company’s notice will be deemed to have been sent to the Consumer 48 hours after sending (if via a registered mail or prepaid mail) or after 1 hour after sending (if via e-mail).
The Consumer may send a notice to the Company by mail or via a registered mail to the Company’s address according to the contact information provided on the website or the Be application. The effective time of the notice is the time the Company receives it.

The Consumer may not transfer his/her rights and obligations arising under these Terms of Use without the prior written consent of the Company. Any intentional transfer of the rights or obligations arising under these Terms of Use by the Consumer in violation of this clause will be deemed invalid.
The Company may transfer its rights and obligations arising under these Terms of Use without the consent of the Consumer.

These Terms of Use are construed and governed by Vietnamese laws.
Any dispute, action, claim or reason for suing arising out of or in connection with the Terms of Use or Service will be solely under the jurisdiction of the competent court of Vietnam.
In the event that the award of the competent court of Vietnam cannot be enforced in the Alternative Nation, unresolved disputes will be referred to the Vietnam International Arbitration Center (“VIAC”), in accordance with VIAC’s Rules of Arbitration as amended from time to time (“Rules of Arbitration”) by an arbitrator mutually appointed by the Parties (“Arbitrator”). If the Parties cannot agree on an arbitrator, the President of VIAC shall appoint the Arbitrator in accordance with the Rules of Arbitration. The venue for the arbitration is Vietnam, the language of the arbitration is Vietnamese and the arbitration fee shall be equally divided among the Parties, unless the Arbitrator requests that the fee be paid in a manner otherwise determined by the Arbitration as necessary so that this arbitration clause may be enforceable under applicable laws.
No joint venture relation, partnership, employment agreement or agency relation exists between the Consumer and the Company or any third party provider as established from these Terms of Use or from using the Service unless the parties agree in writing.
If any of these Terms of Use is found to be invalid or unenforceable, that term will be deleted and the remaining terms will be enforced to the maximum extent in accordance with the law; contents which are not specified in these Terms of Use shall be applicable in accordance with the applicable laws of the Socialist Republic of Vietnam.
The Consumer agrees that the Company has the right (but no obligation) to immediately terminate the provision of the Service in the event that the Consumer is found to have violated any of these Terms of Use. The Company will not have to indemnify, reimburse or pay any costs incurred by the Client as a result of the termination of the provision of the Service.