Green SM - Terms and Policies

Last updated: 16 March 2026 Welcome to GREEN SM – the multi-service e-commerce platform of GSM Green and Smart Mobility Joint Stock Company. GENERAL RULES Please read this Terms of Use (“Terms”) carefully before installing and/or using the Application or accessing the Platform. By installing, accessing, or using the Application, the Platform, or the Services (as defined below), You are deemed to have read, understood, and agreed to the Terms. These Terms, together with the Green SM Policies, constitute a legally binding electronic agreement between You and Green SM (the “Contract”), which governs Your use of the Services provided by Green SM. If You do not agree to these Terms, please do not install or use the Application, the Services, or the Platform. Green SM may amend the Contract at any time and will notify You via the Application and/or Your registered email address. The updated version will be published on the website https://www.greensm.com/ and/or on the Application. You are responsible for regularly checking the Terms. Your continued use of the Application and/or the Services following any changes to the Terms and/or the Contract will be deemed your acceptance of, agreement to, and consent to be bound by such revisions. If You are a Customer or User and do not agree with the amendments or modifications to the Contract, You have the right to unilaterally terminate the Contract. Green SM is a technology company that provides a platform for Users to access Products offered by either Partners and/or Green SM. The primary role of Green SM is to facilitate the connection between Users and Partners. Accordingly, Green SM shall not be held liable for any actions, omissions, or legal responsibilities arising from the services provided by any Partner (if such Partner is not Green SM). Partners are independent entities and are not agents, employees, or representatives of Green SM. Products provided by Partners shall not be considered as being supplied by Green SM. 1. DEFFINITION 1.1. “Green SM” means GSM Green and Smart Mobility Joint Stock Company, operating under Enterprise Registration Certificate No. 0110269067, first issued by the Hanoi Department of Finance on March 1st, 2023; 1.2. “Green SM Policies” include (i) the Personal Data Protection Policy, (ii) the Policies applicable to the Products, (iii) the Regulations on the use of the Services, (iv) the Codes of Conduct, and (v) all forms, policies, notices, guidelines, questions, or agreements provided by You or entered into by You with Green SM from time to time; 1.3. “Products” means transportation services and/or goods, any services and/or support services provided by Partners (or, in certain cases, by Green SM itself) to Users through the Platform, including but not limited to: Green SM Car, Green SM Bike, Green SM Express, Green SM Food, Green SM Airport, Green SM Tour, Green SM InterCity, Membership, Gift Cards, Green SM Gift Card, Green SM Business, Green SM Partner, Green SM Ads, Green SM Platform, Green SM Care, Green4Biz, Green SM Travel, Green SM Local etc. 1.4. “Services” means the facilitation of connections between Users and Partners (and in certain cases, between Users and Green SM where Green SM acts as the provider of Products) through the Application, the Platform, and/or the Software. In certain cases, the Services may also include online promotion services or advertising services provided by Green SM to Partners for the purpose of promoting/advertising the Partners’ Products. 1.5. “User” means any individual or organization that uses the Application, the Platform, and/or the Software to search for and/or receive Products; 1.6. “Customer” means any person who directly receives the Products, including the User and any person authorized by the User to access and use the Application, the Platform, and/or the Services through the User’s Account; 1.7. “Partner” means an independent third party that provides Products to Users through the Services, including but not limited to transportation Partners and Merchant Partners supplying goods and/or services. 1.8. “Application” means the Green SM application installed on mobile or other electronic devices, which is managed and operated by Green SM. 1.9. “Platform” means the Green SM e-commerce platform comprising the technology, Application, Software, portal, or relevant website operated by Green SM, which, when used in conjunction with the Application, enables Users to request or access the Products. 1.10. “Software” means any software associated with the Application that is made available for download and installation by Green SM and/or the Partners. 1.11. “User Account” means the account created and activated by the User on the Application for the purpose of accessing and using the Services. 1.12. “Partner Account” means the account created and activated by the Partner on the Application, the Software, and/or the Platform for the purpose of accessing and using the Services. 1.13. “Order” means the confirmation of a transaction between the User and the relevant party for the booking or purchase of Products through the Application or the Platform. 1.14. “Settlement Period” means the period used to aggregate Service Fees, commencing at 00:00 hours on the 23rd day of the preceding month and ending at 23:59 hours on the 22nd day of the settlement month. 2. COMMITMENTS 2.1. By using the Services, You represent and warrant that: (i) You have full legal capacity under applicable laws to accept these Terms and to enter into, perform, and comply with the Contract. Accordingly, if you are an individual, you represent and warrant that you are at least 18 years of age. (ii) All information you provide to Green SM is current, complete, and accurate at all times. (iii) You shall ensure that all information related to the Products published on the Application or the Platform is complete and accurate in accordance with Green SM’s requirements and applicable laws. You shall not post or provide any false, inaccurate, or misleading information. (iv) You shall use the Application, the Platform, and the Services solely for lawful purposes. (v) You shall safeguard and maintain the confidentiality of your account password and any other means of identification provided by Green SM for your access to and use of the Application, the Platform, and/or the Services. You shall not transfer your account, account information, or login credentials to any other person, except as permitted under an agreement between you and Green SM. (vi) You shall immediately notify Green SM upon becoming aware of any unauthorized use of your account or any breach of security. (vii) You shall ensure that you download and install the correct version of the Application/Software compatible with your device. (viii) You shall not use the Application, the Platform, and/or the Software to transmit or store unlawful materials or information, or for any fraudulent purposes; to harass or disturb others; to submit false or fake service requests; or to violate any prohibitions under applicable laws. (ix) You shall not commit any acts (whether intentional or unintentional) that may cause damage to the Application, the Platform, the brand reputation, or the assets of Green SM, the Partners, or other Users. (x) You shall provide Green SM with any proof of identification as may be required to establish and maintain an account for accessing the Application, the Platform, and/or the Services. (xi) You agree to provide accurate, timely, and complete information. If it is discovered that You have violated this requirement, Green SM reserves the right to suspend or terminate your access to the Services at any time without prior notice if you provide false or incomplete information. (xii) You shall not engage in any fraudulent conduct against Green SM or attempt to unlawfully benefit from any promotions, events, or marketing campaigns organized by Green SM. (xiii) You shall not repeatedly and consecutively cancel Product requests without legitimate reason. (xiv) Green SM reserves the right to block or restrict your access to the Service account and/or certain features of the Application or Platform, without prejudice to any other rights or remedies available to Green SM, if you are found to be in violation of these Terms or applicable laws. (xv) You shall bear any telecommunications charges incurred when using the Application, the Platform, or the Services. (xvi) Your use of the Application, the Platform, the Services, and/or any embedded features shall comply with Green SM’s information security policies and Personal Data Protection Policy. (xvii) You shall bear full responsibility for your own safety when using the Services or the Products, and shall take all necessary precautions to ensure such safety. (xviii) You agree to comply with all applicable laws relating to your use of the Services and the Products. (xix) You shall be solely responsible for any loss or damage caused to yourself, the Partners, Green SM, Green SM’s personnel, or any third party, to the extent such loss or damage is not attributable to Green SM or the Partners. (xx) You shall comply with these Terms and all Green SM Policies. (xxi) You shall respect the intellectual property rights of Green SM, the Partners, and other Users. 2.2. If You are a Transportation Partner, You further warrant that: (i) You hold a valid driver’s license appropriate for the type of vehicle you operate, and possess all licenses, approvals, and qualifications required under applicable laws to provide transportation or delivery services for hire to third parties. (ii) You own, or have the legal right to use and operate, the vehicle (the “Vehicle”) that you intend to use when accepting a User’s request. The Vehicle is maintained in good operating condition at all times, in compliance with applicable safety standards and Green SM’s requirements. (iii) Where applicable, you shall use lawful and compliant safety equipment to facilitate the provision of the Products to Users. (iv) You shall be solely liable for any claims, judgments, and legal obligations arising from accidents, losses, or damages — including but not limited to personal injury, death, property loss, or property damage — caused by or alleged to have resulted from the Products provided by you. (v) You shall comply with all applicable laws and regulations on transportation and delivery services, and shall bear full responsibility for any violations thereof. (vi) You shall not contact any Users or other Partners for purposes unrelated to the provision of the Services or Products. (vii) You shall not reverse look-up, trace, or attempt to trace any information concerning any User, visitor to the Application or Platform, or any other customer of Green SM. (viii) You agree to undergo random drug testing as may be required by Green SM or any third party authorized by Green SM. (ix) If you are registering an account on behalf of your employer, your employer shall be deemed the owner of such account, and you represent and warrant that you have the authority to bind your employer to this Contract. (x) You shall not use the Services, the Application, or the Platform for any purpose other than those permitted under the Contract. (xi) Except where the Products involve transportation services, you shall reimburse the value of the Order (excluding shipping fees, platform fees, and any applicable surcharges) under the following conditions: (a) You cancel the Order for subjective reasons not attributable to the Merchant Partner and/or the User; and (b) The Order completion time assigned to the Merchant Partner has not yet expired. The Order completion time is calculated from the moment you arrive at the Merchant Partner’s location and select the action “I have arrived at the restaurant” on the Application/Platform. The reimbursement amount shall be automatically deducted from your earnings from subsequent orders generated via the Application. (xii) You acknowledge that, as a merchant operating on an e-commerce trading platform, you are solely responsible for issuing and providing value-added tax (VAT) invoices, or other applicable sales invoices, for the Products you supply through the Application or the Platform, in accordance with applicable laws. 2.3. If You are a User or a Customer, You further warrant that: (i) Not to carry or cause to be carried any prohibited items or items that are inconsistent with applicable laws, including but not limited to illegal or dangerous goods such as narcotics, prohibited drugs, hazardous substances, materials, or articles. You acknowledge that Green SM does not provide, and shall not be obligated to provide, any safekeeping or storage services for goods or luggage in any form. (ii) To use the Services solely for your personal purposes. If permitted under the applicable policies, you may use the Services on behalf of another person, provided that you remain primarily responsible and liable to Green SM for such use. (iii) Not to use the Application, the Platform, the Services, and/or the Software to disturb, harass, annoy, or submit fraudulent or false service requests. (iv) Not to contact any Partner for any purpose unrelated to the use of the Services or Products, except for the purpose of lodging complaints in accordance with applicable laws. 2.4. If You are a Merchant Partner, You further warrant that: (i) You shall comply with and at all times maintain all licenses, permits, and authorizations required under applicable laws, including but not limited to regulations concerning food safety, product disclosure, and product origin. In the event that the Products include food items and any case of food poisoning occurs, you, as the Merchant Partner, shall be solely responsible for handling and resolving the incident. This includes bearing all related costs, such as those for medical examination and treatment, emergency care, and compensation for any damages suffered by the User and/or Customer due to the food poisoning. Green SM and any Transport Partner shall be fully exempt from any and all liabilities relating to the food safety, hygiene, or quality of the Products. (ii) Prepare and provide the Products accurately and in full in accordance with the requirements of the Customer/User. (iii) You shall bear full responsibility for any administrative fines, penalties, or other sanctions imposed by competent state authorities in connection with any violations committed by you in the course of providing the Products. 3. PAYMENT 3.1. For Partners 3.1.1. You shall promptly pay, on a non-refundable basis, all fees payable to Green SM for the use of the Services (the “Service Fees”). The Service Fees shall be calculated as a percentage of the User Fees, as determined by Green SM from time to time, and as may be further specified in the Contract between you and Green SM. 3.1.2. You acknowledge that the total User Fees payable by Users directly to you shall include the Service Fees, which you collect on behalf of Green SM. 3.1.3. Payment by the Partner shall be made via bank transfer or other non-cash methods, in accordance with the following process: (i) Within three (03) Business Days following the end of each Settlement Period, Green SM shall prepare and deliver to the Partner a Statement of Service Fees and other incurred costs for month T (including, but not limited to, User Fees collected from Users by Green SM or the Partner) (the “Statement”). The Statement shall be sent via the Partner Account, email, or any other communication channel as designated by Green SMWithin three (03) Business Days of receipt of the Statement, the Partner shall review, verify, and respond to Green SM using the same method through which the Statement was delivered. If no response is received within the specified period, the Partner shall be deemed to have accepted the Statement. Green SM shall then issue an invoice and corresponding payment request. (ii) If the Parties are unable to reach an agreement on the Statement figures within the aforementioned period, Green SM shall issue an invoice based on the figures in the original Statement. Discussions regarding disputed amounts may continue into the subsequent Settlement Period, and any adjustments shall be made accordingly by way of set-off. (iii) After reconciliation and set-off of the Parties' mutual obligations, any net amount payable by either Party shall be paid to the other within ten (10) Business Days from the last day of the month of the relevant Settlement Period. For the avoidance of doubt, by entering into the Contract, the Partner agrees to such set-off mechanism. (iv) Where Green SM and the Partner jointly participate in promotional programs, the amounts payable between the Parties shall include the value of such promotions in the applicable form. Each Party shall bear its own share of such promotional costs in accordance with the terms of the relevant program, as published on the Platform or otherwise communicated by Green SM. 3.1.4. Green SM shall have the right to collect Service Fees by directly deducting the relevant amounts from any payments otherwise payable by Green SM to the Partner under these Terms or the Contract. 3.2. For Users: 3.2.1. The User Fees applicable to a Product shall be proposed and displayed on the Application prior to your use of such Product. These fees do not include additional costs that may be incurred during the Partner’s provision of the Product to you, such as toll charges or parking fees. You shall be solely responsible for the payment of such additional costs. 3.2.2. User Fees shall be determined in accordance with the Pricing Schedule for each Product, as set by the Partner and/or Green SM from time to time. If you do not agree with any revised Pricing Schedule, you may terminate the Contract or the relevant agreement without penalty. 3.2.3. Upon completion of your use of the Product, you shall be required to fully pay the applicable User Fees and any additional charges to the Partner or to Green SM. All such payments are non-refundable once made. 3.2.4. You may make payment to the Partner and/or Green SM in cash, by credit or debit card (the “Card”), or through any other payment method made available on the Application. 3.2.5. If you choose to pay by Card, you must register a valid Card in accordance with the requirements displayed on the Application. You agree that Green SM shall have the right to verify and authorize your Card information both upon initial registration and during each use of the Services. Any transaction-related costs associated with payment by Card shall be borne solely by You. 3.2.6. Green SM reserves the right to refuse Card payments via the Application in the following cases: A transaction error causes the issuing institution to reject the payment; The Card is suspected of being used for fraudulent, unlawful, or criminal activity; Green SM reasonably believes you are in breach of these Terms. 3.2.7. You shall be solely responsible for resolving any disputes directly with the Card issuing institution. 3.3. Green SM shall collect, process, and protect your payment information in accordance with the Contract, Green SM’s Privacy Policy, and its Personal Data Protection Policy. 4. PROMOTIONS AND DISCOUNTS 4.1. Green SM may launch marketing, advertising, and promotional campaigns on the Platform (including but not limited to discount codes, vouchers, and membership packages) (each, a “Promotion”). Each Promotion may differ in terms of validity period, duration, conditions, scope of use, and other applicable features, and shall be subject to these Terms. You may choose whether or not to participate in any Promotion, through the channels and methods announced by Green SM on the Platform or as otherwise determined by Green SM from time to time. 4.2. If you are a Partner, you may: - Register to jointly implement a Promotion with Green SM; or - Independently create or implement a Promotion using the tools provided by Green SM on the Platform to promote your business. In such cases, you agree and warrant that you shall: (i) Comply with all procedures, formalities, and conditions prescribed by the Green SM Platform and all applicable laws relating to promotions, advertising, and marketing. For the avoidance of doubt, Green SM’s approval for your Promotion to be displayed on the Platform shall not constitute confirmation of its compliance with applicable laws; (ii) Provide complete and accurate information about the Promotion to Green SM, as required under applicable laws and Platform rules; (iii) Independently complete and be responsible for any administrative procedures required under applicable laws; (iv) Bear all costs related to the Promotion you implement, including but not limited to service fees, execution costs, compensation, penalties, and any other associated charges. Accordingly, Green SM shall have the right to withhold an amount equivalent to such costs from any payments due to you, without requiring prior consent; (v) Handle all user complaints and inquiries related to your Promotion directly and assume full liability towards the Users; (vi) For jointly implemented Promotions, bear the cost portion applicable to you, as announced by Green SM on the Platform or as otherwise notified. 4.3. If you participate in or implement any Promotion, you acknowledge and agree that: (i) You are the controller of, and solely responsible for, the Account provided to you for access to and use of the Platform. You shall be fully liable for all requests and actions performed through your Account. You must promptly notify Green SM of any unauthorized use, and shall indemnify Green SM and the Users for any resulting losses; (ii) Promotions must be used solely for lawful purposes and strictly in accordance with their intended terms. You shall not copy, exploit, or fraudulently use any Promotion, in whole or in part, in any manner; (iii) Promotions are non-transferable, non-exchangeable, non-refundable, and may not be redeemed for cash, unless expressly permitted in writing by Green SM. 4.4. Green SM may, from time to time, apply commercial discount policies for Users. By using the Services and/or Products, you agree to receive and benefit from such discount policies. 5. RATINGS AND REVIEWS 5.1. Users and Partners may be permitted to rate and review each other in relation to the Products provided through the Platform. 5.2. Social organizations engaged in the protection of consumer rights shall also have the right to provide ratings, feedback, and recommendations in accordance with applicable laws. 6. INTELLECTUAL PROPERTY RIGHTS 6.1. If You are a Partner, Green SM and its licensors (if any) grant You a revocable, non-exclusive, non-transferable, and limited license to use and access the Application, Software, and/or Platform solely for the purpose of utilizing the Services and/or Products in accordance with these Terms and the Contract. 6.2. All intellectual property rights and related rights in the Application, Software, and Platform (“Intellectual Property”) are exclusively owned by Green SM and its licensors (if any). These Terms and the Contract do not constitute a sale, assignment, or transfer of any intellectual property rights in the Application, Software, Platform, or any other intellectual property of Green SM to You. 6.3. Upon termination of the Contract for any reason, the Partner shall cease using any assets associated with Green SM’s Intellectual Property—including trademarks, logos, or similar—that may cause confusion about the Partner’s affiliation with Green SM or damage Green SM’s reputation, regardless of ownership of those assets by the Partner. 7. CONFIDENTIALITY You shall maintain strict confidentiality of all information and data related to Green SM, including but not limited to (i) Information about Green SM’s personnel, services, products, business operations, marketing and promotional plans, and other activities of Green SM and its affiliates; (ii) Any personal information or data disclosed to You by Green SM or its representatives, whether communicated orally or in writing, before, on, or after the date of these Terms; (iii) Any information otherwise obtained directly or indirectly from Green SM or any of its affiliates; (iv) Any information generated during the negotiation and performance of the Contract. You shall not disclose, share, or use such confidential information for any purpose other than to fulfill Your obligations under the Contract, unless expressly authorized in writing by Green SM or required by law. 8. DISCLAIMER OF LIABILITY Green SM makes no representation or warranty, express or implied, regarding the Products provided by Partners or any Products purchased through the use of the Services. By using the Services and the Products provided by Partners, You acknowledge and agree that You assume all risks associated with such use. Accordingly, You waive any right to seek recourse or hold Green SM liable for any issues, damages, losses, or claims arising from Your use of the Services or Products. 9. INTERNET FAILURES The Services provided through the Application may be subject to limitations, delays, interruptions, or other issues inherent in the use of the internet and electronic communications. This includes, but is not limited to, situations where Your device or the Partner’s device malfunctions, has no network connection, is out of coverage area, is turned off, or otherwise fails to operate properly. In such cases, Green SM shall bear no liability for any damages, losses, or inconveniences that may arise. 10. INDEMNITY AND LIMITATION OF LIABILITY By accepting these Terms when using the Application and the Platform, You agree to indemnify, defend, and hold harmless Green SM, its licensors, affiliates, officers, directors, members, employees, attorneys, and agents from and against any and all claims, costs, damages, losses, liabilities, and expenses arising out of or in connection with (a) Your use of the Services and/or the Application to provide or use the Products; (b) Your breach of these Terms or applicable laws; (c) Your infringement of any third party’s rights; (d) Your misuse of the Services, Products, and/or the Application; or (e) Your operation of any vehicle in connection with the provision of the Products. You shall be liable to indemnify Green SM and its related parties for all damages resulting from any breach of this clause. Except as otherwise provided and to the maximum extent permitted by applicable law, Green SM’s total liability shall be limited to the aggregate amount actually paid or incurred by You since Your commencement of using the Services, in connection with the event giving rise to the claim. 11. NOTICES Green SM may deliver notices to You via the Application, the Software, or the Platform, or by email to the email address on record, or by registered mail to the address You have provided to Green SM. Any such notice shall be deemed received (i) 48 hours after being sent by registered mail; or (ii) 1 hour after being sent by email. You may send notices to Green SM by Email at support.vn@greensm.com, or Registered mail to the address of Green SM as listed in the contact information on the Application or Platform. Notices from You shall be effective upon receipt by Green SM. 12. ASSIGNMENT You shall not assign or transfer any rights or obligations under the Contract without the prior written consent of Green SM. Any assignment or transfer made without such consent shall be null and void. Green SM may assign or transfer its rights or obligations under the Contract without Your consent, except where You are a User or Customer. 13. DISPUTE RESOLUTION 13.1. Any disputes related to these Terms or the Contract shall first be resolved through negotiation between You and Green SM. If negotiation fails, either party may bring the dispute to a competent court. 13.2. For disputes between a Partner and a User, the parties must first attempt to resolve the claim through direct dialogue. If no agreement is reached, either party may escalate the claim to the relevant authority. 13.3. Any claims between a Partner and a User shall ultimately be resolved directly between those parties. 14. PERSONAL DATA Your personal data will be collected, stored, processed, used, and shared in accordance with Green SM’s Personal Data Protection Policy, which is available on the Application and/or Platform. 15. LINKS AND INTERACTIONS WITH THIRD PARTIES 15.1. The Application or Platform may include links to third-party websites for your convenience. These sites are not controlled by Green SM, so if you visit them, you do so at your own risk. Green SM is not responsible for their content or links. 15.2. The Application may also be integrated with third-party platforms or websites. When you use Green SM’s services on these platforms, you agree to their terms of service. Green SM is not responsible for their services, reliability, security, privacy policies, or operations. 15.3. When using services on third-party platforms, Green SM will process your requests but will not disclose your personal data unless necessary to fulfill your request. In that case, you agree to the third party’s privacy and data policies. 15.4. Green SM may limit or restrict access to certain features or services on third-party platforms at its discretion. 16. OBLIGATIONS OF GREEN SM 16.1. Provide Services in line with the Operational Regulation registered with the State authority. 16.2. Comply with e-commerce laws, relevant regulations, the Contract, and these Terms. 16.3. Receive and handle Users’ complaints about the Application, Software, or Platform according to the law and these Terms. 16.4. Work with Partners to resolve Users’ complaints related to Products, within Green SM’s legal responsibilities. 16.5. Issue invoices for Service Fees as required by law. 16.6. Fulfill other legal obligations.