Term of use
Effective date: 12 October 2020
The OpenPass application (abbreviation: OpenPass app), developed by OpenPass Asia, covers all your mobility needs: whether it’s public transport or private transport services; or other mobility modes, you can have it via OpenPass app.
Mobility modes and services which are available through OpenPass vary from area to area. While there may be differences in available modes, there will always be a good way to move around the area where OpenPass is available.
Please read these Terms carefully as they contain important information about your rights and obligations.
1. Acceptance of Terms
These OpenPass Service Terms together with the Privacy Policy and all other additional terms and information that are provided to you within or in connection with the OpenPass application, Mobility Services or your Plan (collectively “Terms”) govern your use of the OpenPass app and the related services made available through the OpenPass (collectively the “Service”). You accept the relevant Terms by using the Service. OpenPass Asia has the right to supplement and amend Terms, provided that the additional terms and conditions are not to the detriment of or in conflict with these Terms.
The Terms constitute an agreement between you and OpenPass Asia Jsc, 20th Floor, CharmVit Tower, 117 Tran Duy Hung, Cau Giay District, Hanoi City, Vietnam. (“OpenPass Asia”), defining your and OpenPass Asia’s rights and responsibilities with respect to the Service.
OpenPass Asia is responsible for ensuring functionality of the OpenPass app and ensuring that you have access to Mobility Services provided and operated by selected Mobility Service Providers that have been engaged for the provision of the Service by OpenPass Asia in accordance with the marketing information and Terms which you accept by using the Service.
2. Eligibility and Registration
To use the Service, you must have reached the age of legal competence according to the applicable legislation. If you have not reached the age of legal competence, you may register to and use the Service only with and in accordance with the prior consent of your parent or legal guardian. Parents can give or cancel their consent to use the Service by contacting OpenPass Customer Care.
To be able to use the Service you need to create a profile within the OpenPass application. Anyone creating the profile must be legally competent to do so.
You agree to provide truthful and complete information when you create your profile and use the Service and to keep that information updated. You, and your parent or legal guardian if you are a minor, are personally responsible for any use of the Service with the profile you have created.
3. Using the Service
You have a non-exclusive, non-transferable right, revocable at any time at OpenPass Asia’s reasonable discretion, to use the Service strictly in accordance with the Terms.
As part of the Service, you have access to transport services provided and operated by selected mobility service providers that have been engaged for the provision of the Service by OpenPass Asia (collectively “Mobility Services”). Your use of certain Mobility Services is subject to separate additional terms specific to the applicable Mobility Service. You must review such Terms before using the applicable Mobility Service. You can find all our Transport Service provider terms here and from the OpenPass app.
Service Providers are responsible for ensuring that the Mobility Services offered are delivered in accordance to their service terms and complying with all laws, rules and regulations that apply to their service.
As part of the Service, OpenPass Asia may provide you with information and content (such as tickets, routes, timetables and other information) owned by OpenPass Asia, its licensors, or Mobility Service Providers (collectively “Content”). OpenPass Asia grants you a non-exclusive license to use Content in connection with the Service and solely for the purpose it is intended. You are bound by any specific restrictions that may be applicable to a specific Content you obtain through the Service. Use of the Service does not grant you any further rights in or to any Content in the Service.
You agree to:
• Comply with applicable laws and the Terms;
• Use the Service and Content only for your personal, non-commercial purposes; and
• Obtain any consents, permission or licenses that may be legally required for you to submit any information to the Service.
Since OpenPass Asia is constantly developing the Service, OpenPass Asia may, but has no obligation to:
• Monitor or moderate any Content
• Remove any Content from the Service; and
• Restrict access to any part of the Service at any time at its reasonable discretion.
OpenPass Asia will notify all major changes to the Service and Content in advance according to clause 10. Availability, Changes and Technical Requirements.
OpenPass Asia may terminate your profile or restrict your access to certain parts of the Service if OpenPass Asia reasonably believes that you have breached the Terms or with prior notice if you have not used the Service in the past six (6) months.
You may terminate your profile if you no longer wish to use the Service by sending a request to OpenPass Asia Customer Care. After termination, you will no longer have access to the Service.
4. Notices
OpenPass Asia may post notices within the Service. OpenPass Asia may also send you notices about the Service to the email address or telephone number you have provided.
5. Fees
Use of certain features of the Service is subject to fees. Any fees collected by OpenPass Asia will be communicated separately in the Service.
Use of the Service involves transmission of data through your network service provider’s network. Prices listed within the Service do not include data transmission or other service provision that may be charged by your network service provider. OpenPass Asia assumes no responsibility for the payment of any fees charged by your network service provider.
6. Order and Payment Terms
“Order” shall mean the selection of payable Content and/or Mobility Services on a case-by-case basis and/or automatically renewed periodical Plan to Mobility Services through the Service. All Orders are subject to acceptance by OpenPass Asia.
You may pay by valid credit card or other payment methods if available. You agree to pay all fees related to your Order.
When the Order is an automatically renewed periodic Plan, you authorize the Service to place a periodic charge for the duration of the Plan until you discontinue it.
The fees for the Mobility Services may change from time to time. The fees include applicable taxes in effect at the time of your transaction, unless otherwise stated. There may be instances where you incur additional charges from your payment method provider based on currency conversion rates used and/or additional fees applied. OpenPass Asia assumes no responsibility for the payment of bank or any other third-party service fees or charges.
7. Cancelling an Order and discontinuation of Plan
You agree to the electronic delivery of Content being initiated concurrently with the placement of your Order. You may not be able to cancel your Order once it has been processed.
You may discontinue the renewal of your automatically renewed periodic Plan to Mobility Services through the Service at any time during a currently ongoing billing period. As the result of such discontinuation, your subscription will cease at the end of the currently ongoing billing period and will thereafter not be renewed. Discontinuation does not result in refunding actions for any days remaining during a currently ongoing subscription period.
If you encounter any problem with your Order, please contact OpenPass Asia Customer Care.
8. Feedback to OpenPass Asia
By submitting any ideas, feedback and/or proposals (“Feedback”) to OpenPass Asia through the Service or other means, you acknowledge and agree that: (1) OpenPass Asia may have similar development ideas to the Feedback; (2) your Feedback does not contain confidential or proprietary information of you or any third party; (3 ) OpenPass Asia is not under any obligation of confidentiality with respect to the Feedback; (4) OpenPass Asia may freely use, distribute, exploit and further develop and modify Feedback for any purpose; and (5) you are not entitled to any compensation of any kind from OpenPass Asia for the Feedback.
9. Information Sharing
You may use features in the Service to share your location, calendar or other information. By using these features, you agree that OpenPass Asia may use and provide that information to Mobility Service providers and to other entities and persons as necessary for the provision of the Service.
10. Availability, Changes and Technical Requirements
As OpenPass Asia is constantly developing the Service, it may change, correct or discontinue the Service in whole or in part in your area at its sole discretion. The availability of the Service, particularly specific Mobility Services and Content may also vary from time to time. OpenPass Asia expressly disclaims any representation or warranty that any particular Mobility Service or Content will be available. OpenPass Asia will notify all major changes to the Service in advance. That means that you can terminate your automatically renewed periodic Plan before the change comes into effect.
The Service may not be available during maintenance breaks and other times. The Service may not be available in all countries and may be provided only in selected languages. Some features of the Service are dependent on the network and the device compatibility.
To ensure you have the latest OpenPass application, your device may automatically check for the availability of application updates. If OpenPass Asia considers an update to be important or critical you may not continue using the previous version of the application. OpenPass Asia may prevent your use of the previous version of the application until you install the update.
If the Service is discontinued or canceled, OpenPass Asia may permanently delete the information you have submitted to the Service. OpenPass Asia has no obligation to return any information to you after the Service is discontinued or canceled.
11. Advertisements
The Service may include advertisements. Advertisements may be targeted based on the queries you have made through the Service, or on the basis of other information you have provided.
12. Personal Data
You need to provide OpenPass Asia certain personal data when creating the profile and using the Service. The Privacy Policy and any additional privacy information that may be made available to you in the Terms govern the use of your personal data.
Except as set forth in the Privacy Policy, OpenPass Asia is not responsible for any removal or loss of the information you have submitted to the Service. When information is removed from the Service by either you or OpenPass Asia, traces or copies may remain elsewhere.
13. Service Error Conditions and Limitation of Liability
The Service is provided on an “AS IS” and “AS AVAILABLE” basis to the extent permitted under the applicable legislation. OpenPass Asia does not warrant that the Service will be uninterrupted or error or virus-free. No warranty of any kind is made related to Service.
There is an error in the Service if the Service does not match what has been agreed between you and OpenPass Asia or promised by OpenPass Asia in its marketing information.
OpenPass Asia shall correct the errors without delay at its own expense. However, OpenPass Asia may refuse to correct an error if it would incur unreasonable costs or disproportionate harm. If an error is not corrected without delay or if the error cannot be corrected, you may be entitled to a price reduction equivalent to the error.
However, no minor changes or deficiencies in the Service as a whole, which you may reasonably be prepared for by the nature of the Service are not considered to be errors.
Claim for the error must be provided to OpenPass Asia within a reasonable time after you have discovered, or you should have discovered the error.
Damage suffered due to an error in the Service will be compensated in accordance with applicable laws. Except for liability for death or personal injury caused by its gross negligence or intentional misconduct, OpenPass Asia is not liable for any direct damages caused by your use or inability to use the Service. In no case will OpenPass Asia be liable for any indirect, incidental, punitive or consequential damages resulting from your use or inability to use the Service.
14. Indemnification
You acknowledge that any breach of the Terms may result in a liability based on the nature of the breach and other circumstances. You agree to defend and indemnify OpenPass Asia from and against all third-party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of your breach of the Terms.
Examples of conduct that constitutes such breach of the Terms:
1. Modifying the application code to access rides without payment or otherwise hacking OpenPass systems;
2. Allowing someone else to use OpenPass with your profile;
3. Violating the terms and conditions of the transport service providers and/ or causing extraordinary expenses for the transport service providers or OpenPass Asia;
4. Committing fraud or any other crime while using OpenPass service by:
– Falsifying evidence and trying to claim refunds with this evidence;
– Using someone else’s payment card without their consent; or
– Not paying the automatically renewed periodic Plan fee or other applicable fees.
5. Using the Service for commercial purposes;
6. Using the Service against its intended purpose or usage significantly exceeds the average usage limit of the service; or
7. Using an employee benefit or other targeted payment method in violation of applicable law or instructions associated with the payment method. You can easily check the instructions from OpenPass app.
15. Miscellaneous
15.1 Governing Law
The Terms are governed by the laws of Vietnam without regard to its conflicts of law provisions.
15.2 Validity
The Terms neither exclude nor limit any of your mandatory rights in your country of residence that cannot by law be waived. If a provision of the Terms is found to be invalid under mandatory legislation, the invalid provisions have no legal or binding force. The rest of the Terms remain valid. In the event one or more provisions of the Terms are not relevant to your use of the Service, it shall not impact the validity or enforceability of any other provision of the Terms or the Terms as a whole. If there is any conflict between these OpenPass Service Terms and the Privacy Policy, the provisions of these OpenPass Service Terms prevail. The provisions of the Terms that are intended to survive the termination of your profile remain valid also after such termination.
15.3 Changes to Terms
OpenPass Asia may modify the Terms at any time without prior notice if the change is based on the development of the Service, change of legislation or other specific reason or a substantial change in circumstances. Notwithstanding the foregoing, if the Terms are changed in a material, adverse way, OpenPass Asia will use reasonable efforts to provide you a separate prior notice advising of the change according to clause 10. Availability, Changes and Technical Requirements.
You are responsible for regularly reviewing the terms and conditions of the various Transport Service Providers before you use the Transport Service. You can easily find the terms and conditions of the Transport Service Providers in OpenPass. Your use of the Transport Service constitutes your consent to any changes and modification.
16. Intellectual Property
The Service, Content and related materials are protected under international copyright laws. OpenPass Asia claims copyrights in its Service, Content, and the related materials to the maximum extent of the law. Subject to the Terms, OpenPass Asia, its licensors and Mobility Service providers retain all right, title and interest in the Service, Content and the related materials provided to you in or in connection with the Service.
17. Assignment
OpenPass Asia may assign its rights and obligations under the Terms to its corporate parent, its subsidiaries, or to any company under common control with OpenPass Asia. Additionally, OpenPass Asia may assign its rights and obligations under the Terms to a third party in connection with a merger, acquisition, sale of assets, by operation of law or otherwise.
18. Disputes
If you consider that the rights given to you under the consumer laws have been infringed and a dispute concerning the Terms cannot be resolved through negotiation between you and OpenPass Asia, you may contact a local supervisory authority.