DRAFT FOR REVIEW BY LAO PDR LEGAL COUNSEL — NOT LEGALLY APPROVED.
ຮ່າງ — ສຳລັບການກວດສອບໂດຍທະນາຍຄວາມໃນ ສປປ ລາວ.
Terms of Service
1. Agreement to Terms
1.1 These Terms of Service ("Terms") form a legally binding agreement between you ("you", "your", "Customer", or "user") and [TODO: LEGAL ENTITY NAME], a company organized under the laws of the Lao People's Democratic Republic, with registered office at [TODO: REGISTERED ADDRESS], enterprise registration number [TODO: ENTERPRISE REGISTRATION NUMBER] and tax identification number [TODO: TAX ID] ("D1Express", "we", "us", or "our"), operating the D1Express platform ("Platform").
1.2 By creating an account, accessing, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and by any policies referenced in them, including the D1Express Privacy Policy and the Prohibited Items Policy.
1.3 Account-level acceptance is the model. You accept these Terms at the account level when you register or when you first use the Platform after these Terms take effect. In addition, at checkout the application presents a concise disclosure — "By booking this delivery, you agree to the D1Express Terms of Service" — as a reminder; that per-booking disclosure supplements, and does not replace, your account-level acceptance.
1.4 If you do not agree to these Terms, you must not use the Platform.
1.5 If you are using the Platform on behalf of a business or other organization, you represent that you are authorized to bind that organization, and "you" refers to that organization.
2. The D1Express Platform Role
2.1 D1Express provides a technology platform and marketplace through which customers and businesses may request delivery services and eligible independent riders may choose whether to accept available delivery opportunities.
2.2 The Platform enables customers and businesses ("Senders") to request motorbike parcel-delivery services within Vientiane, Lao PDR, and enables independent riders ("Riders") to view, bid on, and choose whether to accept those requests.
2.3 Riders are independent contractors, not employees, agents, partners, or representatives of D1Express. Riders provide their own motorcycles and equipment, and exercise their own judgment in deciding whether to accept, and how to perform, a delivery, subject to these Terms, applicable law, and any Rider terms that apply to them.
2.4 D1Express facilitates the connection, pricing framework, communication, payment processing, and tracking tools that support deliveries. D1Express is not the sender, the recipient, or the carrier of any parcel, and does not take title to or ownership of any item transported through the Platform.
2.5 Nothing in this Section is intended to disclaim responsibilities that D1Express actually undertakes or that applicable law imposes on it. The allocation of responsibility and liability among D1Express, Senders, and Riders is further addressed in Sections 24 to 26.
3. Eligibility
3.1 To use the Platform as a Customer, you must be at least [TODO: MINIMUM AGE — confirm age of majority / contractual capacity under Lao PDR law] years of age and have the legal capacity to enter into a binding contract.
3.2 The Platform currently serves motorbike parcel delivery within Vientiane, Lao PDR only. You must have a valid pickup and delivery location within the serviced area.
3.3 You may use the Platform only for lawful purposes and in compliance with these Terms and all applicable laws of the Lao PDR.
3.4 We may refuse, limit, or terminate access to the Platform to any person or entity, at our discretion, to the extent permitted by applicable law.
4. Accounts
4.1 To request deliveries you must register for an account and provide accurate, current, and complete information, including a valid mobile number and any other details we reasonably require.
4.2 You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us promptly at the contact details in Section 30 if you suspect unauthorized use.
4.3 You must keep your account information up to date. You are responsible for the accuracy of contact and location information you provide, including recipient details.
4.4 You may not share, sell, or transfer your account, or allow another person to use your account, except as expressly permitted by us.
5. Customer Responsibilities
5.1 You are responsible for the accuracy and completeness of every delivery request, including pickup address, delivery address, recipient identity and contact information, parcel contents and description, and any special handling instructions.
5.2 You must ensure that the items you send are lawful, properly packaged, and permitted under Section 11 (Package Requirements) and Section 12 (Prohibited Items).
5.3 You must ensure that a suitable person is available to hand over the parcel at pickup and, where applicable, to receive it at delivery, and that access to both locations is reasonably possible.
5.4 You must treat Riders and D1Express personnel with respect and must not engage in conduct prohibited under Section 21 (User Conduct).
5.5 You are responsible for complying with all applicable laws in connection with the items you send and receive, including any permits, licenses, or restrictions.
6. Delivery Requests
6.1 A delivery request is an instruction submitted by a Sender through the Platform to have a parcel collected from a pickup location and delivered to a delivery location within the serviced area.
6.2 When you submit a request, you provide the pickup and delivery details, a description of the parcel, and select the payment method. The request is then made available to eligible Riders through the marketplace described in Section 10.
6.3 A request is not guaranteed to be accepted. A binding delivery arrangement is formed only when a Rider is selected and the delivery is confirmed through the Platform.
6.4 You authorize D1Express to communicate request details to Riders and to relevant service providers to the extent necessary to facilitate the delivery.
7. Pricing
7.1 Prices are quoted and charged in Lao Kip (LAK).
7.2 The price for a delivery may be determined by the Platform's pricing framework and/or by the marketplace bidding process described in Section 10, and may reflect factors such as distance, parcel characteristics, demand, and applicable fees or commissions.
7.3 The applicable price, and any fees, are displayed to you before you confirm a delivery. By confirming, you agree to pay the displayed amount, subject to any adjustments expressly permitted under these Terms (for example, changes you request to the delivery).
7.4 Unless stated otherwise, prices are inclusive or exclusive of applicable taxes as indicated at checkout and as required under Lao PDR law. [TODO: CONFIRM TAX TREATMENT AND DISPLAY — e.g., VAT inclusivity.]
7.5 D1Express may charge a service fee and/or commission in connection with facilitating deliveries. The nature and amount of such fees will be disclosed as required by applicable law.
8. Payments (Prepaid and Cash / COD)
8.1 The Platform supports the following payment methods: - Prepaid QR payment — payment made in advance through a supported QR-based payment method before or at the time of confirming the delivery; and - Cash / Cash on Delivery (COD) — payment made in cash, in LAK, at pickup or delivery as indicated for the request.
8.2 For prepaid QR payments, payment is processed through third-party payment providers (see Section 20). You authorize the applicable charge for the displayed amount. D1Express does not store full payment credentials except as handled by those providers.
8.3 For cash / COD payments, you are responsible for having the correct amount available in LAK at the applicable time. The Rider is not obliged to provide change beyond what is reasonable, and disputes over cash handling should be reported through the Platform.
8.4 [LEGAL COUNSEL REVIEW REQUIRED — payment services, e-money, and any cash-collection arrangements under Lao PDR financial-services and consumer-protection law, including whether D1Express acts as agent for collection.]
8.5 Refunds, where applicable, are addressed in Section 9 (Cancellations) and Section 27 (Dispute Provisions) and are subject to applicable law.
8.6 You must not use any payment method that you are not authorized to use. Fraudulent or unauthorized payment activity may result in suspension under Section 23 and referral to competent authorities.
9. Cancellations
9.1 You may cancel a delivery request before a Rider is selected without charge, except as otherwise indicated at the time of cancellation.
9.2 After a Rider has been selected or has begun performing the delivery (for example, has departed for pickup or collected the parcel), a cancellation fee may apply to compensate for work performed and costs incurred. Any such fee will be disclosed to you where reasonably practicable.
9.3 D1Express or a Rider may cancel a delivery where the parcel or request violates these Terms, appears unsafe or unlawful, cannot be completed for reasons outside reasonable control, or where required contact or access is unavailable.
9.4 Refunds for cancellations of prepaid payments will be handled through the original payment method or another lawful method, subject to the applicable payment provider's processes and applicable law.
9.5 [TODO: SPECIFY CANCELLATION WINDOWS AND FEE AMOUNTS/FORMULA once finalized and confirmed compliant with Lao PDR consumer-protection law.]
10. Rider Marketplace (Bids and Selection)
10.1 The Platform operates a marketplace in which eligible Riders may view available delivery requests and choose whether to submit a bid or otherwise indicate willingness to perform the delivery.
10.2 You (the Customer) select the Rider. Where multiple Riders respond, you may choose among them based on information the Platform presents (which may include price, rating, estimated timing, and similar factors). Selection of a Rider forms the delivery arrangement for that request.
10.3 Riders act as independent contractors and decide independently whether to accept requests. D1Express does not guarantee that any Rider will bid on or accept any particular request, or that a request will be fulfilled within any specific time.
10.4 D1Express does not control, and is not responsible for setting, the price a Rider chooses to offer within the marketplace, except to the extent the Platform applies a pricing framework, minimums, maximums, or fees that are disclosed to users.
10.5 Ratings, reviews, and reliability information are provided to assist your selection and do not constitute a guarantee by D1Express of any Rider's performance.
11. Package Requirements
11.1 You must package each parcel appropriately for motorbike transport, so that it is secure, sealed, and able to withstand ordinary handling and transit conditions.
11.2 Parcels must be within any size, weight, and dimension limits indicated by the Platform for motorbike delivery. [TODO: SPECIFY SIZE/WEIGHT LIMITS.]
11.3 Fragile, perishable, temperature-sensitive, or spillable items must be clearly identified and packaged accordingly. D1Express and Riders are not responsible for damage resulting from inadequate packaging.
11.4 You must not conceal the true nature of an item or mislabel a parcel. A Rider may decline or return a parcel that appears improperly packaged, unsafe, or inconsistent with the request.
12. Prohibited Items
12.1 You must comply with the single canonical D1Express Prohibited Items Policy, which forms part of these Terms. Without limiting that policy, you must not request delivery of, and must not tender for delivery, any of the following: - illegal drugs and controlled substances; - weapons; - explosives; - hazardous materials; - stolen or otherwise illegal goods; - improperly packaged dangerous goods; and - any items prohibited by the law of the Lao PDR.
12.2 The list above cross-references and is governed by the single canonical Prohibited Items Policy maintained by D1Express. Where there is any inconsistency, that canonical policy and applicable law control.
12.3 D1Express and Riders may refuse, hold, or return any parcel reasonably suspected of containing a prohibited item, and may report suspected unlawful items to the competent authorities as required or permitted by law.
12.4 You are solely responsible for ensuring that items you send comply with this Section and with applicable law. Violations may result in cancellation, suspension under Section 23, forfeiture of fees where lawful, and legal consequences.
13. Sender Representations
13.1 By submitting a delivery request, you (as Sender) represent and warrant that: - (a) you are the owner of the item, or are authorized by the owner to send it; - (b) the item is lawful and does not violate Section 12 (Prohibited Items); - (c) the description you provide is accurate and not misleading; - (d) the item is packaged in accordance with Section 11; - (e) you have provided accurate pickup, delivery, and recipient information; and - (f) sending and delivering the item does not violate any applicable law or the rights of any third party.
13.2 You are responsible for any loss, damage, or liability arising from a breach of these representations, subject to Section 25 (Indemnification) and applicable law.
14. Recipient Responsibilities
14.1 Where you are, or you designate, a recipient, the recipient must be available to receive the parcel at the delivery location and, where required, to complete delivery confirmation under Section 15.
14.2 The recipient may be required to verify identity or provide a delivery PIN or other confirmation before the parcel is released.
14.3 If a recipient is unavailable or refuses delivery, the parcel may be returned or held, and additional fees may apply as disclosed. You remain responsible for arranging redelivery or collection.
14.4 For cash / COD requests, the paying party must provide the correct amount in LAK at delivery as described in Section 8.
15. Delivery Confirmation (PIN / POD)
15.1 Deliveries may be confirmed using a delivery PIN (a code provided to the recipient or Sender) and/or other proof of delivery (POD) methods supported by the Platform.
15.2 Providing the correct PIN, or completing the applicable POD step, confirms that the parcel has been handed over and completes the delivery for the purposes of these Terms.
15.3 You are responsible for keeping any delivery PIN confidential and for sharing it only with the intended recipient. Disclosure of a PIN to the Rider (or entry of the PIN) constitutes authorization to release the parcel.
15.4 Records of delivery confirmation may be retained by D1Express and used to resolve disputes, subject to the Privacy Policy.
16. Tracking
16.1 The Platform provides live GPS tracking during active deliveries so that Senders and, where applicable, recipients can follow the progress of a delivery in real time.
16.2 Tracking information is provided for convenience and may be affected by factors such as device, network, and signal conditions. Estimated times and locations are approximate and are not guarantees.
16.3 Tracking is available only while a delivery is active and is subject to the location-data terms in Section 17 and the Privacy Policy.
17. Location Data
17.1 To provide tracking and delivery services, the Platform collects location data during active deliveries, including the location of the Rider performing the delivery and the pickup and delivery locations associated with the request.
17.2 Location data is collected and processed for purposes including facilitating and tracking deliveries, safety, dispute resolution, and service improvement, as further described in the D1Express Privacy Policy (cross-reference: see the Privacy Policy for details on what location data is collected, how it is used, retained, and shared, and your rights).
17.3 [LEGAL COUNSEL REVIEW REQUIRED — data protection / privacy] Counsel must confirm that collection and use of location and personal data complies with applicable Lao PDR data-protection and privacy law, and that the Privacy Policy provides any legally required notices and lawful basis.
17.4 By using the Platform, you acknowledge the collection and use of location data as described here and in the Privacy Policy. Where consent is legally required, it is obtained as set out in the Privacy Policy.
18. Service Availability
18.1 The Platform currently operates for motorbike parcel delivery within Vientiane, Lao PDR, during the hours and coverage areas indicated in the application, which may change over time.
18.2 We do not guarantee that the Platform, or any particular feature, will be available at all times or free from interruption. Availability may be affected by maintenance, technical issues, Rider availability, weather, traffic, force majeure, and other factors.
18.3 We may modify, suspend, or discontinue any part of the Platform, in whole or in part, to the extent permitted by applicable law.
19. Delays
19.1 Estimated pickup and delivery times are approximate and are not guaranteed. Actual times may vary due to traffic, weather, road conditions, Rider availability, recipient availability, and other factors, including those outside the reasonable control of D1Express or the Rider.
19.2 To the maximum extent permitted by applicable law, D1Express is not responsible for delays caused by circumstances beyond its reasonable control. This does not limit any rights you may have under applicable consumer-protection law.
19.3 [LEGAL COUNSEL REVIEW REQUIRED — consumer protection] Confirm treatment of delivery-time commitments and remedies under Lao PDR consumer-protection law.
20. Third-Party Services
20.1 The Platform integrates or relies on third-party services, which may include payment providers, mapping and location providers, messaging or notification providers, and hosting and infrastructure providers.
20.2 Your use of third-party services may be subject to those third parties' own terms and privacy policies. D1Express is not responsible for third-party services except to the extent required by applicable law.
20.3 D1Express does not warrant the accuracy, availability, or performance of third-party services, including mapping, routing, and estimated-time information.
21. User Conduct
21.1 You agree not to: - (a) use the Platform for any unlawful, fraudulent, or harmful purpose; - (b) send prohibited items or misrepresent the contents of a parcel; - (c) harass, threaten, abuse, or discriminate against Riders, recipients, other users, or D1Express personnel; - (d) interfere with, disrupt, or attempt to gain unauthorized access to the Platform or its systems; - (e) use the Platform to infringe the rights of any third party; - (f) circumvent, manipulate, or misuse pricing, ratings, promotions, or payment mechanisms; or - (g) use the Platform in violation of any applicable law.
21.2 Violations of this Section may result in cancellation of requests, suspension or termination under Section 23, and referral to competent authorities where appropriate.
22. Intellectual Property
22.1 The Platform, including its software, design, text, graphics, logos, trademarks (including "D1Express" and "D1 Express Laos"), and other content, is owned by D1Express or its licensors and is protected by applicable intellectual-property laws.
22.2 Subject to your compliance with these Terms, D1Express grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for its intended purpose. No other rights are granted.
22.3 You must not copy, modify, distribute, sell, reverse-engineer, or create derivative works from any part of the Platform except as expressly permitted by law or by us in writing.
22.4 Any feedback you provide may be used by D1Express without restriction or obligation, to the extent permitted by applicable law.
23. Account Suspension
23.1 We may suspend, restrict, or terminate your account or access to the Platform, with or without notice, where we reasonably believe that: - (a) you have violated these Terms or applicable law; - (b) you have sent or attempted to send prohibited items; - (c) your account is associated with fraud, abuse, or a security risk; or - (d) suspension is necessary to protect users, Riders, D1Express, or third parties.
23.2 Where practicable and lawful, we will provide notice and, where appropriate, an opportunity to address the issue. We will act proportionately and in accordance with applicable law.
23.3 Suspension or termination does not relieve you of obligations accrued before it takes effect, including payment obligations.
23.4 You may close your account at any time as described in the application, subject to completion of any pending deliveries and payments.
24. Limitation of Liability
24.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, D1Express and its affiliates, officers, employees, and agents shall not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or goodwill, arising out of or in connection with your use of the Platform.
24.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, the total aggregate liability of D1Express arising out of or relating to a particular delivery shall not exceed [TODO: LIABILITY CAP — e.g., the fees paid for that delivery, or a stated LAK amount; confirm enforceability with counsel].
24.3 D1Express provides a technology platform and marketplace and is not the carrier of parcels. Responsibility for the condition, contents, handling, and delivery of parcels lies with the Senders, recipients, and independent Riders involved, subject to applicable law.
24.4 Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law. This includes, without limitation, liability for death or personal injury, liability under consumer-protection law, liability relating to data protection and privacy, statutory obligations, and liability for gross negligence or intentional misconduct.
24.5 [LEGAL COUNSEL REVIEW REQUIRED — limitation of liability] Counsel must confirm the enforceability and scope of these limitations under Lao PDR law, including non-excludable liabilities (death/personal injury, consumer protection, data/privacy, statutory obligations, gross negligence/intentional misconduct) and the liability cap.
25. Indemnification
25.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, you agree to indemnify and hold harmless D1Express and its affiliates, officers, employees, and agents from and against claims, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or related to: - (a) your breach of these Terms; - (b) your violation of any applicable law or the rights of any third party; - (c) items you send through the Platform, including prohibited or improperly packaged items; or - (d) information you provide that is inaccurate or misleading.
25.2 This indemnity applies only to the extent the relevant matter is attributable to your acts or omissions and does not require you to indemnify D1Express for its own gross negligence or intentional misconduct, or for liabilities that cannot lawfully be shifted to you.
25.3 [LEGAL COUNSEL REVIEW REQUIRED — indemnification] Counsel must confirm the extent to which indemnification obligations are enforceable against consumers and other users under Lao PDR law.
26. Disclaimers
26.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, the Platform is provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
26.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, D1Express does not warrant that the Platform will be uninterrupted, error-free, or secure, or that estimates, tracking, or third-party information will be accurate.
26.3 Nothing in this Section excludes or limits any warranty, guarantee, or right that cannot be excluded or limited under applicable law, including mandatory consumer-protection rights.
26.4 [LEGAL COUNSEL REVIEW REQUIRED — disclaimers] Counsel must confirm which disclaimers are permissible under Lao PDR consumer-protection and other applicable law.
27. Dispute Provisions
27.1 If you have a concern about a delivery, payment, or your account, please first contact D1Express using the details in Section 30 so that we can attempt to resolve the matter informally.
27.2 We will handle complaints in good faith and within a reasonable time, and will maintain records of deliveries, payments, and confirmations to assist in resolution, subject to the Privacy Policy.
27.3 [LEGAL COUNSEL REVIEW REQUIRED — dispute resolution / governing law] Counsel must determine the appropriate dispute-resolution mechanism (for example, negotiation, mediation, arbitration, or courts), including any procedural rules, seat, or venue, consistent with Lao PDR law and consumer rights. No arbitration rules or court venue are specified in this draft and none should be inferred.
27.4 Nothing in this Section limits any right you have to bring a matter before a competent authority or court, or to pursue remedies available under applicable Lao PDR consumer-protection law.
28. Governing Law
28.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, these Terms are governed by the laws of the Lao People's Democratic Republic, without regard to conflict-of-laws principles.
28.2 [LEGAL COUNSEL REVIEW REQUIRED — dispute resolution / governing law] Counsel must confirm the governing-law statement and its interaction with mandatory consumer-protection provisions and any applicable jurisdictional requirements. No specific court venue is designated in this draft.
29. Modifications
29.1 We may modify these Terms from time to time. When we do, we will update the version and effective date and make the revised Terms available through the Platform.
29.2 Where required by applicable law, we will provide advance notice of material changes. Your continued use of the Platform after the revised Terms take effect constitutes acceptance, to the extent permitted by law; where the law requires renewed consent, we will obtain it.
29.3 If you do not agree to a change, you must stop using the Platform and may close your account, subject to completion of pending deliveries and payments.
30. Contact Information
30.1 You may contact D1Express regarding these Terms or the Platform at: - Entity: [TODO: LEGAL ENTITY NAME] - Registered address: [TODO: REGISTERED ADDRESS] - Email: [TODO: CONTACT EMAIL] - Phone: [TODO: CONTACT PHONE] - Support channel: [TODO: IN-APP SUPPORT / OTHER CHANNEL]
30.2 For privacy-related matters, please also refer to the D1Express Privacy Policy and any contact designated there.