DEFINITIONS AND INTERPRETATION
"J&T" means Thuan Phong Express Company Limited.
"Service" means the courier service provided by J&T to the Customer.
"Customer" means the party using J&T's services.
"Recipient" là người nhận Hàng Hóa theo yêu cầu của Khách Hàng.
"Sender" means the person who sends the Goods to J&T for transportation, the Sender may be the Customer or a person designated by the Customer.
"Goods" or "Parcels" mean letters, packages of goods that Customer requests J&T to transport.
"Service Fee" mean the fees and charges that Customer pays to J&T to perform the Services.
"Value of Goods" or "COD" means the value of the Goods arising from the transaction between the Customer and the Recipient that the Customer wants J&T to assist in receiving from the Recipient upon handing over the Goods.
"Personal Data" refers to electronic information in the form of symbols, letters, numbers, images, sounds, or equivalences associated with an individual or used to identify an individual. Information used for identification of an individual refers to information that results from an individual's activities and may identify an individual when it is combined with other stored information and data. Personal data includes basic personal data and sensitive personal data. To clarify, the data specified in Section II.1 of this GTC shall be deemed as personal data;
"Basic Personal Data" including:
a.
Data specified from Section II.1.1.a to g of this GTC;
b.
Other information associated with an individual or used to identify an individual other than the sensitive data personal or under the law;
"Sensitive Personal Data" refers to personal data in association with individual privacy that, if infringed upon, will directly affect an individual's legitimate rights and interests, including:
a.
Data specified from Section II.1.1.h to i of this GTC;
b.
Other specific personal data as prescribed by law that requires special protection.
"Personal Data Processing" refers to one or multiple activities that impact on personal data, including collection, recording, analysis, confirmation, storage, rectification, disclosure, combination, access, traceability, retrieval, encryption, decryption, copying, sharing, transmission, provision, transfer, deletion, destruction or other relevant activities.
"Controller" refers to an organization or individual that decides purposes and means of processing personal data.
"Processor" refers to an organization or individual that processes data on behalf of the Controller via a contract or agreement with the Controller.
"Third Party" refers to any organization or individual that is not J&T, Employee, or entities with a parent-subsidiary relationship with the Company.
"GTC" means these General Terms and Conditions.
I. TERMS OF SERVICE
-
If the new delivery address is located in the same district as the original delivery address, J&T will deliver to the new address at no additional fee;
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If the new delivery address is located in a different district but in the same province/city as the original delivery address and does not change shipping charges, J&T can deliver to the new address at no additional fee;
-
If the new delivery address is located in a different province/city from the original delivery address or is located in an area that does not support shipping, J&T cannot support.
a.
J&T refuses to transport the Goods in the list of refused transportation or the prohibited goods that are published on J&T's website and/or Post Office ("Refuse Goods").
b.
The Goods used for business or the imported Goods that fail to provide invoices and documents by the Customer under the law are deemed Refused Goods.
c.
After receiving the Goods, J&T discovers that the Goods are subject to Refused Goods, J&T has full right to handle such Goods.
d.
In case the competent authorities suspect or discover that the Customer is using the Service to transport Refused Goods, the Customer is responsible for providing J&T with relevant documents and records during J&T to work with the competent authorities.
a.
To be ensured confidentiality the personal information and parcels under the law.
b.
Request the complaints and compensation under J&T’s regulations.
c.
To be responsible for providing information related to the Goods/Recipient immediately upon receiving J&T's request.
d.
Provide the information, the valid invoices and documents related to the Goods (including but not limited to invoices, dispatch orders, delivery notes and other documents) to present to the authorities upon request.
e.
Pay the Service Fee fully and promptly to J&T.
f.
Comply with the GTC, contract and the law.
g.
To be responsible for the content of the Goods, comply with regulations on Refused Goods and relevant the law.
a.
Request the Customer to strictly comply with the requirements and instructions of the Ministry of Information and Communications.
b.
Have the right to refuse to provide the Service if the Good is subject to Refused Goods.
c.
Have the right to inspect and process the Goods or request the Customer to provide necessary information about the Goods.
d.
To be paid the Service Fee in full and on time, including the time of resolving disputes and complaints.
e.
To be responsible for receiving and resolving complaints and compensation for damages under regulations.
f.
Ensure providing the Service under the postal service quality standards.
a.
The Customer fails the regulations on prohibited goods, restricted circulation, Refused Goods and other the law, the regulations on packaging, to provide invoices and other documents leading to delays in delivery time;
b.
Goods and documents detained, confiscated or destroyed by the competent authorities;
c.
Damages arising from incorrectly declaring the content of the parcel and the information related to the Recipient by the Customer;
d.
Damages arising from physical, biological, chemical or the natural characteristics of the Goods;
e.
The packing by the Customer can’t protect the Goods during transportation despite the prior warning;
f.
The Customer cannot prove that the parcel was lost or damaged due to transportation problems;
g.
The Parcel has been successfully delivered, the Recipient signs to confirm a receipt of the goods in intact condition and there are no written complaints at the time of receipt;
h.
Expire the complaints under J&T's regulations;
i.
Force majeure cases as stipulated in the signed contract and/or the law (including but not limited to aircraft fire, earthquake, flood, volcano (natural disaster factors), war, violence, terrorism, organized robbery, armed robbery...).
j.
The Customer breaches the GTC, or contract or the relevant laws.
II. TERMS OF PERSONAL DATA
1.1
Types of data collected
a.
Full name;
b.
Contact information (curent address, permanent address, phone number, email);
c.
Identification documents (identity card, citizen identification card, passport);
d.
Account information on applications provided by J&T and transactions arising on the application's account;
e.
Transactions arising on the basis of the written agreement signed with J&T including but not limited to the sender’s information, the recipient’s information, payment transactions, ...;
f.
Data on image, audio, and video during providing services by J&T;
g.
Personal data reflecting activities and history of online space activities such as cookies;
h.
Data identified through geolocation;
i.
Bank account infomation;
j.
Other data for providing services to Customers.
1.2
Purpose of collection
The Customer agrees to allow J&T to process the aforementioned data for the purposes stated below. In case of data processing for different purposes, J&T will notify the Customer and will only proceed with processing after obtaining the Customer's consent.Provide J&T’s products and services to the Customer;
a.
Take care or reply complaints and questions related to products and services;
b.
Research, analyze data and report business results for improving and enhancing product and service quality;
c.
Announce, market, introduce and advertise products and services;
d.
Verify identity and ensure information security;
e.
Protect and prevent data theft to illegal acts;
f.
Convert data to a new system/platform before planning to suspend the current system/platform;
g.
Determine location through geolocation;
h.
Store information to serve J&T's legal, accounting, and auditing and comply with the law;
i.
Share data with companies that have relationships with J&T such as parent companies, subsidiaries, … to serve internal management;
j.
Provide information to the competent authorities to resolve disputes and complaints (if any);
k.
If the Customer agrees to use the Cookies feature, J&T can exploit information corresponding to that feature. The Cookies feature is used to store Customer’s information when accessing J&T's website;
l.
Transfer data under the GTC;
m.
Internal report or audit;
n.
Other purposes to perform contracts or other agreements between J&T and Customer.
1.3
Exception
J&T may collect and process data without Your consent in the following caces:
a.
Fulfill obligations under contracts signed by You and J&T ;
b.
Protect the life and health of the data subject or others in an emergency situation;
c.
Disclosure of personal data in accordance with the law;
d.
Processing of personal data by competent regulatory authorities in the event of a state of emergency regarding national defense, security, social order and safety, major disasters, or dangerous epidemics; when there is a threat to security and national defense but not to the extent of declaring a state of emergency; to prevent and fight riots and terrorism, crimes and law violations according to the law;
e.
Serve operations by regulatory authorities as prescribed by relevant laws.
1.4
Methods of collection
a.
Personal Data may be collected directly from the Customer through methods such as information generated when interacting with J&T's applications/websites or social media platforms, or indirectly from Third Parties through API connections with sales service providers and e-commerce platforms.
b.
Cookie Feature
c.
Do Not Track Feature
2.1
Method of processing
a.
J&T only uses Your Personal Data for the purposes stated in this GTC.
b.
After collecting Personal Data, J&T will assign a new specialized department to process Your information.
c.
During the data processing, J&T will limit the display of the Customer's personal information by removing identifiers or processing data anonymously to protect the confidentiality of the Customer's information.
2.2
Data Storage
2.3
Data protection
a.
J&T will take all reasonable and necessary measures to protect Your information once it has been collected.
b.
The technological measures and solutions applied must meet industry standards to prevent unauthorized access, use, and falsification of Your information, as well as to avoid damage, loss, or data leakage. These measures include but are not limited to: In terms of physical security, We have deployed the monitoring system, and are carrying out access control in strict accordance with the computer room management system; In terms of technology, the application services provided by us use the whole station https transmission protocol and adopt TLS/SSL certificates issued by authoritative CA institutions for encrypted transmission to ensure the confidentiality and integrity of data transmission; In terms of management, only specialized personnel have access to Your Personal Data.
c.
The recipient of the data is required to sign agreements to ensure that data continues to be processed in accordance with legal regulations.
d.
J&T appoints an individual and establishes a dedicated department responsible for protecting and assessing the impact of personal information security on the collection, use, transfer, or entrusted processing of personal information.
2.4
Data transmission
a.
Transfer the Customer's Personal Data to the parent company overseas to update the company's management records and report as required by the parent company overseas.
b.
To implement the purposes stated in Section II.1.2 of the Terms and Conditions, J&T may use the goods and services of Third Parties within and outside the territory of Vietnam, including but not limited to the use of customer management software.
c.
J&T may designate Third Parties to provide J&T's products and services to the Customer, such as franchisees, agents, and others.
2.5
Processing of children's data
a.
J&T will process children's personal data according to the principles of protecting their rights and acting in their best interests
b.
Unless otherwise specified by the laws, J&T will suspend or permanently delete or destroy children's personal data in the following cases:
2.6
Processing data in the event of a declared missing person or confirmed death
3.1
Rights
a.
To be informed about the processing of Personal Data
b.
To consent or not to consent to the processing of Personal Data;
c.
Have the right to submit a written request to withdraw consent to the Company. The Company will inform You of the potential consequences and damages that may occur when withdrawing consent. The withdrawal of consent does not affect the legality of the data processing that was consented to prior to the withdrawal.
d.
Request deletion or restriction of processing of Personal Data. The Company will also notify the entities to whom the data is transferred and request that they promptly delete such information.
e.
Request to provide the personal data being processed.
f.
Have the right to submit a request to edit Personal Data. In case the data cannot be edited, the Company will notify You;
g.
Object to the processing of Your Personal Data to prevent or limit the disclosure of Personal Data or its use for advertising and marketing purposes.
3.2
Obligations
a.
Ensure that the Personal Data provided is accurate, truthful, and complete. In addition, You must ensure that the Personal Data of third parties, such as family member information and emergency contact information, has received the consent of the data subject before being provided to J&T. To clarify, in cases where You provide Personal Data of children, You confirm that You have obtained the child's consent if the child is 7 years old or older, and the consent of the parent or guardian as required by law.
b.
Protect Your own Personal Data;
c.
Comply with legal regulations regarding data protection
4.1
J&T consistently strives to take necessary and reasonable measures to protect Personal Data. However, the electronic environment is not considered completely secure, so J&T cannot guarantee absolute protection of Your Personal Data in the following circumstances:
a.
Hardware or software system errors during J&T's data processing;
b.
The security hole is beyond J&T’s control, the system is attacked by a third party, causing data leakage;
c.
Unauthorized access to Your Personal Data due to causes not attributable to J&T such as third parties to whom You disclose Your Personal Data without implementing information protection measures, or similar situations as outlined in Sections V.1.a and V.1.b of this GTC, or when Your devices access third-party websites or applications that contain malicious code,…;
d.
Force majeure events as prescribed by law.
4.2
In the event of unauthorized access to, leakage of, or any other breach of Personal Data, J&T will promptly notify You via email or phone. Additionally, J&T will provide timely guidance to minimize any undesirable risks.
4.3
J&T advises You to protect Your own Personal Data and to avoid accessing unsecured networks, such as using free internet in public places or unauthorized software. If You suspect or discover that Your Personal Data has been accessed without permission, leaked or otherwise compromised, You must promptly notify us using the contact information provided in Section II.5.1 of this GTC.
5.1
Contact information
a.
Data Protection Officer:
b.
Data Protection Department:
5.2
Notification
a.
This GTC contains all the information that J&T is required to notify You of before processing data in accordance with legal regulations. Additionally, this GTC clearly outlines which types of data to be processed are considered Sensitive Personal Data.
b.
Personal Data collected before the effective date of this GTC will be governed by this GTC.
III. TERMS & CONDITIONS J&T MEMBERSHIP PROGRAM
1.1
Welcome to the J&T Express Vietnam membership program. By becoming a member customer, you agree with the following Terms and Conditions.
1.2
You only need to register to use the service and complete the first order after using the J&T Express courier service to become an official member.
1.3
You need to update the Vip Pro app version or visit shop.jtexpress.vn website to use the Membership function
1.4
By becoming a member of the Loyalty Program, you will be able to earn points (JP) to upgrade your membership where you can participate in offers, services, events and more further organized by J&T. Membership gives you a tailored experience that includes personalized offers and recommendations.
1.5
As a member you will be able to access your purchase history (redeem points) at your member account page and track your order journey at any time. Please note that some special events or high value products will have limited redemptions. In special events with limited quantity and redemption time, the product may be redeemed before the deadline.
1.6
You can find out more information about how J&T will handle your personal data in the
Privacy and Information Use Terms
2.1
Membership is limited to individuals who have an existing and valid J&T customer account. J&T employees, officers, directors, agents and representatives are eligible for membership but may be excluded from certain promotions.
2.2
Your Membership is personal, non-transferable and subject to these Terms and Conditions. We impose a limit of one membership per person.
2.3
Other companies, groups, associations or organizations or those that purchase commercial goods are not eligible for membership.
2.4
Your membership is established for an indefinite period until you cancel your account.
3.1
Member customer is a national program and is limited to shipments using J&T services in Vietnam. You can earn points by using J&T shipping or by performing other points-rewarding activities in Vietnam as announced by J&T from time to time.
3.2
The points you receive are personal and cannot be transferred to another individual or member.
3.3
Points you earn through a successful delivery of an order, no points will be awarded for returned or failed orders.
3.4
Your points will be automatically updated by the system after the order is updated with the delivery status successfully. You can view your points balance at any time by accessing your management account on the Members App.
4.1
The points you earn through the accumulation of delivery orders, depending on the membership level, the conversion rate will be different. The higher the level, the lower the conversion rate will be. The accumulated points are called J Points (JP).
4.2
Membership Points (JP) will be valid until the end of December 31 of the current year for points accumulated before and on September 30 and will be counted as cycle A. JP will be valid until the end of April 30 of the following year for points accumulated from October 1 of the current year and will be counted as cycle B.
4.3
JP Points according to the cycle A and the membership level will be reset on December 31 of each year, through January 1 as a new cycle of the program and starting from 0 at the beginning of each Membership year.
4.4
Membership offers cannot be exchanged for cash.
4.5
Each offer will have a specific limit and depends on the membership level. Members can use JP to redeem more times using these offers in the Member Store function.
4.6
JP cannot be used to purchase Discount Cards, or be applied to past shipping transactions.
5.1
If you cancel your membership, the accumulated points will be forfeited.
5.2
J&T may, in its sole discretion, terminate, change, limit, suspend or modify the Member Program, and/or the Terms and Conditions at any time, in the event of a change in applicable law, change the services provided by J&T, or introduce new services. Any such change will become effective fourteen (14) days after you are notified of the change in-app, online, by mail, or a combination. If you do not accept the changes, you have the right to cancel your membership.
5.3
J&T reserves the right to make minor changes to the Membership Program and its Terms & Conditions without prior notice to you, provided such changes do not negatively affect the Program Member. Please always update the new Terms and Conditions at the "Terms and Conditions" page at jtexpress.vn
5.4
Any proven membership abuse, fraud, non-compliance with the Terms and Conditions, any misrepresentation or any other conduct that is detrimental to the interests of J&T may cause your membership to be revoked. If your membership is revoked, the accumulated points will automatically expire.
ACCEPTANCE OF GENERAL TERMS & CONDITIONS
The Customer is responsible for carefully reading and understanding the content stated in the GTC before using the service. By using J&T's services or signing a contract with J&T, the Customer commits to have read, understood and agreed to all of the content stated in the GTC.