GENERAL TERMS

Version 1.10 

Updated on 04/06/2020

 

 

1. Introduction

These General Terms govern your use of the Services provided through Nano Software and your use of Nano Software. When we refer to “Nano”, “we”, and “our”, we refer to Nano Technology Services Company, and its affiliates.

These General Terms are effective from June 4, 2020 until superseded by the new General Terms.

 

2. Our relationship

Depending on the particular Service, you will use that Service under one of the following relationships with us: one of us is the service provider and you are the Service user or one of us is the provider of the Service, a third party is the user of the Service, and you are the beneficiary of the results of the Service (for example, in the case of Nano providing labor management and human resource management services force for your employer).

In order to use a Service, in addition to these General Terms, you must: 

• enter into Specific Terms applicable to that Service 
• meet the conditions set forth in the General Terms and Specific Terms applicable to that Service.

 

3. Acts of intercourse

3.1. You represent that you perform the act entering into these General Terms if you do any of the following:

• using Nano Software
• perform other acts on the Nano Software that indicate that you agree to these General Terms and the Specific Terms. (For example, you tick the box “I agree” or similar behavior.)

3.2. You undertake that you perform the act of entering into a Specific Terms if you perform one of the following acts:

• use the Service or enjoy its results
• perform other acts on the Nano Software that indicate that you agree to these General Terms and the Specific Terms. (For example, you tick the box “I agree” or similar behavior.)

3.3. After you perform the act of entering into the General Terms, you have entered into a contract with us.

3.4. After you perform the act of entering into a Specific Terms, you have entered into a contract with the party specified in that Specific Terms.

 

4.  Use of the service

Service Agreement

4.1. We agree and you also agree that we will provide the Services to you in accordance with the General Terms and the Specific Terms.

Service Commitment

4.2. We provide the Service with a degree of care and skill that is reasonable and consistent with our abilities. If you believe that we do not meet the quality specified herein, you may contact us via hotro@nanofin.tech and we will work with you to resolve Service quality issues.

4.3. In addition to the Service commitments expressly set forth in the General and Specific Conditions (e.g. time to provide the Service, the ability of the Service to meet your needs), we do not make any any other commitment to the Service.

 

5.  Using Nano Software

License to use Nano Software

5.1. We provide the Service through Nano Software. Therefore, in order for you to use the Service, we grant you the right to use the Nano Software as follows:

• global, which means you can use the Nano Software anywhere in the world;

• non-exclusive, we license the use of Nano Software to others;

• free, you are not charged for using the Nano Software (however, you may be charged a Service fee and your employer may be required to pay a fee for the use of the Nano Software as agreed) private with us)

• applies only to you, the right to use the Nano Software granted to you herein does not apply to others;

• non-transferable, you are not assign the right to use the Nano Software granted herein;

• for the purpose of using the Service.

 

5.2. We change, suspend, and permanently discontinue the Nano Software without notice to you. You agree that we are not responsible to you or any third party for changes, suspensions, and permanent discontinuance of the Nano Software.

Limited usage rights

5.3. You must not:

• copy, modify, and create derivative works of the Software;

• reverse engineer, analyze the source code, and otherwise gain access to the source code or machine code of the Software;

• lease, lend, sell, or sublicense, and in any way transfer the right to use or own the Software;

• use Nano Software for illegal purposes.

Nano Software Commitment

5.4. Nano Software has the quality, features, and condition as provided to you (as is). Therefore, we make no representations with respect to Nano Software (e.g., a commitment to quality, a commitment to availability, a commitment to Nano Software's ability to meet your needs). friend).

Intellectual property rights

5.5. All Intellectual Property Rights contained in or relating to Nano Software are owned by us.

 

6.  Information about you

6.1. We will collect certain information about you that you create or provide to us in the course of using the Nano Software or using the Services (such information, Information About You).

6.2. You agree that we will collect, manage, and use Information About You in accordance with the Information Protection Policy posted on Nano Software.

6.3. For clarity, Information About You will not include information that, although related to you, we collect from:

• a third party (for example, your employer and credit rating agency);

• mass media;

• other sources that are not provided to us by you.

 

6.4. You agree that Information About You is not your personal confidentiality. Therefore, in addition to implementing the Information Protection Policy, we do not apply any other security measures to Information About You.

6.5. You must immediately notify us of any changes to your personal information (for example, changes to bank account information). In particular, if your bank account information changes, including your payroll account, you must immediately notify us and provide the new bank account information.

6.6. If any information you provide is incomplete, inaccurate, or out of date, you will bear all liability arising from such conduct and indemnify us for all damages, costs, and expenses, and liability that we incur in connection with your conduct. In addition, we may refuse to provide the Service and terminate your use of the Nano Software.

 

7.  Handling some problems

7.1. Before exercising some of the rights set forth below, we will notify you within a reasonable period of time, explain why we are exercising that right, and give you an opportunity to deal with it. problem, unless we believe that doing so is possible:

• subject users, third parties, and us to damages or liabilities;

• violate the law or decision of a competent state agency;

• adversely affect our ability to provide the Service.

 

7.2. We reserve the right to suspend or terminate your use of the Service if any of the following problems arise:

• your account has security issues (for example, your browser is too old);

• we suspect someone is using your account illegally;

• regulations of law or requirements of state agencies;

• you have provided incorrect, incomplete, or out-of-date information;

• you have breached or we suspect you are in breach of these General Terms or Specific Conditions;

• you use Nano Software or we suspect you to use Nano Software or Services for illegal purposes;

• you use the Nano Software or we suspect you have misused the Nano Software;

• you engage in conduct or we suspect you of causing damage to the Nano Software or us; 

• your account must not be accessed at least once in a continuous 12-month period.

 

7.3. We will authorize you to continue using the Nano Software and Services once we believe that the above issues have been resolved.

7.4. Your arising obligations in connection with the Services you use are not affected by your ability to use the Services and Nano Software.

7.5. You may request that we terminate your use of the Nano Software and Services by giving us written notice. We will accept this termination upon completion of all obligations to us.

7.6. We will delete your account in the event we terminate your use of the Service.

 

8.  Responsibility

Your Responsibilities

8.1. You agree to indemnify us and our employees for all damages, costs and liabilities incurred by us and our employees arising out of or in connection with:

• you breach the General Terms or the Specific Terms;

• you use the Service unlawfully or for an unlawful purpose;

• a third party to take any action against us arising out of or in connection with your breach of the General Terms or Specific Terms; or you use the Service illegally or for any unlawful purpose.

Our Responsibilities

8.2. We agree to indemnify you for all damages, costs and liabilities incurred by you arising out of or in connection with our breach of the General Terms or the Specific Terms.

8.3. Notwithstanding another provision in the General Terms, we are liable only to the minimum extent permitted by law. To the fullest extent permitted by law, we are not responsible for:

(a)  loss of revenue, profits, goodwill, or gains;

(b)  indirect or derivative damages;

(c)  other types of damages that are not actual and direct damages.

8.4. Our total liability in relation to the General Terms and the Specific Terms shall not exceed the greater of (1) [1,000,000 VND] and (2) 100% of the fees you pay for the relevant Service in the 12 months immediately preceding the time when the event giving rise to our liability occurred.

 

9. Notice

9.1. We may send you notices in the form of electronic messages through:

• send a general or separate notice to your account on the Nano Software;

• send a message to the phone number you have provided to us.

9.2. If we make notices to you in one of these ways, you are deemed to have received our notices at the time we send them.

9.3. You can send us notices through:

• features on Nano Software;

• our email address at hotro@nanofin.tech

 

10. Dispute resolution and applicable law

10.1. These General Terms and Specific Terms will be governed by the laws of Vietnam.

10.2. Any dispute between us and you arising out of or relating to the General Terms and the Specific Terms will be resolved in a court of competent jurisdiction.

10.3. However, where the Specific Terms are an agreement between you and your employer,

• a dispute between us and you arising solely out of or in connection with the General Terms; and

• disputes arising out of or in connection with the Specific Terms are disputes between you and your employer, who have the rights and interests involved. Therefore, if you take the dispute to court, the defendant will be your employer.

 

11. Other provisions

11.1. If the General Terms differ from the Specific Terms applicable to a Service, the provisions of the Specific Terms shall prevail in respect of that Service.

11.2. If a provision of the General Terms or the Specific Terms has no effect, the validity of the other provisions of the General Terms and Specific Terms shall not be affected.

 

11.3. If you do not comply with the General and Specific Terms, and we do not take immediate action, this does not mean that we waive any rights we may have, for example For example, we may take future action.

11.4. We may amend the General Terms and Specific Terms. Such modifications become effective only after we have posted the revised General Terms or Specific Terms on Nano Software. If you do not agree to the new General Terms or Specific Terms, you must stop using the relevant Service. Your obligations under the old General Terms or the old Specific Terms are still in effect and you must fulfill all obligations arising under the old General Terms or Specific Terms before the General Terms or Specific Terms. New body in effect.

11.5. You agree that we have the right to transfer our rights and obligations under the General Terms and Specific Terms to a third party upon notice to you.

11.6. We reserve all rights not granted to you as expressly provided in the General Terms and Specific Terms.

 

12.  Definition

12.1. In these General Terms, capitalized words have the following meanings:

12.1.1. Service  means the services provided on the Nano Software;

12.1.2. Nano Software includes:

(a)  NanoApp is our mobile application, called Vui App, running on Android and iOS platforms and published on Google Play (Google) and App Store (Apple)

(b)   NanoWebsite is our website with the address at m.vuiapp.vn, or other addresses will be updated by us from time to time.

12.1.3. Specific Terms are the terms governing the relationship between us, you, and a third party (if any) in connection with a particular Service.

12.1.4. Intellectual Property Rights are products of human creation, for example:

(a)  inventions and technical solutions (whether registered or not);

(b)  trademarks, trade names and domain names (whether registered or not);

(c)  copyright, data and database rights;

(d)  trade secret.

 

Appendix

Information protection policy

1.  Introduction

1.1. When we refer to “Nano”, “we”, and “our”, we refer to Nano Technology Services Company and its affiliates.

1.2. This Information Protection Policy (Policy) governs matters relating to our collection, use, and management of Information About You.

1.3. This Policy is part of the General Terms. You should read this Policy together with the relevant General Terms and Specific Terms. Certain capitalized words used in this Policy will be defined in the Specific Terms.

1.4. If you have any questions about this Policy, you may contact us via email hotro@nanofin.tech.

 

2.  The Information We Collect About You

2.1. Some Information About You We will collect such as:

2.1.1. contact information and personal identifiers, for example: first and last name, permanent address, residential address, telephone number, and email address;

2.1.2. information about your employment, for example:

(a)  information about your salary, for example: employment contract (including number, date of signing, regulations on salary, bonus, salary allowance); salary, bonus, salary allowance; amounts deducted from your pay such as personal income tax, social insurance, payments to your employer); the date your employer pays you; salary account at the bank (if salary payment via account).

(b)  information about your employment history, for example, number of working days and number of days off; and labor discipline.

2.1.3. your payment information, for example, your bank account and e-wallet;

2.1.4. other information relating to your use of the Service.

2.2. In addition, we collect information related to your use of the Nano Software, for example:

2.2.1. the application, operating system, device, and browser you use;

2.2.2. information about your location, e.g. IP address, country where you access Nano Software, carrier, GPS.

 

3.  Purpose of Collection and Scope of Use of Information About You

3.1. We collect Information About You to use for the following purposes:

3.1.1. provide the Services to you, for example:

(a)   contact you;

(b)   determine whether you are eligible to use the Service;

(c)   confirm your identity and verify the information you provide;

(d)   pay you;

(e)   manage your account;

(f)    notify your employer of your use of the Service;

(g)   provide personalized content;

3.1.2. maintain and improve our Services, for example: research on your behavior of using the Service or using Nano Software, internal statistics;

3.1.3. develop new Services;

3.1.4. exercise our rights and obligations in the General Terms and the Specific Terms.

 

4. Sharing Information About You

4.1. We will not share Information About You with third parties, except in the following cases:

4.1.1. You agree that we will share Information About You with third parties;

4.1.2. We may share Information About You with contractors, tax consulting firms, law firms, other consulting service providers, information collection and management entities, your credit rating, your employer, and our other partners, to perform the works for the purposes set forth in this Policy;

4.1.3. We will share Information About You with third parties if we have a good faith belief that it is necessary to:

(a)  comply with any legal regulations, decisions of governmental authorities, orders and court judgments;

(b)  enforce the General Terms and Specific Terms, including investigating possible violations of the Specific Terms and a Specific Terms;

(c)  detect, prevent and deal with fraud, security or technical problems;

(d)   prevent or minimize damage to the rights, property or safety of us, users of the Service, or people in general as required or permitted by law.

4.2. For clarity, we may share non-personally identifiable Information about You publicly with any third parties.o.

 

5.  How long information about you is stored

5.1. We will retain Information About You for as long as we deem necessary to fulfill the purposes outlined in the Information Protection Policy. Some of the criteria we rely on to assess how long Information about You is kept include:

5.1.1. provisions of law

5.1.2. our operational needs.

5.2. Therefore, for each type of Information about You that we will keep for a different period of time. In all cases, we will determine in our sole discretion how long Information About You is retained.

 

6.  The unit that collects and manages Information About You

6.1. Depending on the particular Service, one or more of us may collect and manage Information About You. We may share Information About You with each other for the purposes set forth in the Information Protection Policy.

6.2. We may hire a third party to collect and manage information about you.

6.3. We will update information about the unit that collects and manages information about you at vuapp.vn. You can talk to the information collection and management unit if you have questions about the collection and management of information about you.

 

7.  Protect Information About You

7.1. We will take a number of measures to the best of our ability to ensure that information about you is not:

7.1.1. theft or unauthorized access;

7.1.2. unauthorized use;

7.1.3. unauthorized alteration or destruction.

 

8.  Complaints

8.1. If you believe that Information About You is incorrect or that we are in violation of this Policy, you may:

• use features on Nano Software complain to us
• contact us by email: hotro@nanofin.tech

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