TERMS OF USE KB FINA FINANCIAL APPLICATION
By downloading, installing and using the KB FINA Financial Application (defined below) provided by KB Fina Joint Stock Company (“ KB FINA ”), the Client hereby acknowledges that he has read, understood, accept and agree to abide by the KB Fina Financial Application Terms of Use including any amendments or supplements to these Terms of Use (“ Terms of Use ”), as disclosed from time to time points on the application and/or all means, tools, applications, services related to the service provision of KB FINA. The Customer's continued use of the KB FINA Application after that time will be deemed the Customer's agreement to the changes to the updated Terms of Use.
ARTICLE 1. DEFINITIONS
In these Terms of Use, the following words and terms shall have the following meanings:
- KB FINA Account is an application account that Customer registers to use KB Fina Service on KB Fina Application.
- KB FINA Application is an application owned and operated by KB FINA, intended for Customers on mobile devices to use KB FINA Services.
- KB FINA Service means any or all of KB FINA's services and/or other linked services of KB FINA's partners as specified by KB FINA from time to time.
- KB FINA Points are rewards for customers who use application services, provided, owned and operated by KB FINA from time to time.
- Customers are individuals or organizations that register to use the KB FINA application provided by KB FINA.
- Applicable law means all applicable laws, statutes, ordinances, regulations, regulated policies, ordinances, decrees, circulars, industry codes, regulatory permits, and licenses license to practice in accordance with regulations, effective from time to time during the term of these Terms of Use in accordance with the laws of Vietnam.
ARTICLE 2. OPEN, LOCK/CLOCK, CLOSE KB FINA APP ACCOUNT
- Mởtài khoảnKB FINA
In order to open and use a KB FINA Account, the Customer must fully meet the following conditions and obligations:
- Agree to all provisions of these Terms of Use as well as all other policies, terms and conditions issued by KB FINA, notices and changes on the KB FINA application from time to time;
- Declare, provide and update KB FINA timely, completely, accurately and truthfully with information and documents as prescribed by KB FINA from time to time;
- Take full responsibility for the information declared and provided to KB FINA during the process of opening and using a KB FINA Account. If there are any changes compared to the information declared or provided to KB FINA, the Customer must promptly update KB FINA.
- To use the KB FINA application, the Customer registers to open a KB FINA Account by downloading the KB FINA Application from the AppStore (for iOS devices) or Google Play (for iOS devices). devices using the Android operating system). After downloading the KB FINA Application, the Customer selects the Register for an account and fills in the information and follows the instructions of KB FINA.
- Close account KB FINA
KB FINA has the right to close the Client's KB FINA Account in the following cases:
- At the request of the Client to request through the account closing function of the KB FINA Application;
- Customer violates Applicable Law or violates any provision of these Terms of Use, or any other terms and conditions set forth separately for each particular KB FINA Account;
- Customers are individuals who have died, been declared dead, missing or have lost their civil act capacity. The customer is an organization that is dissolved or bankrupt in accordance with the law;
- KB FINA is dissolved or bankrupt in accordance with the provisions of the Applicable Law;
- Other cases that KB FINA deems necessary on the basis of the request of Vietnamese state agencies or on the basis of compliance with the provisions of the Applicable Law.
ARTICLE 3. SERVICE CHARGES
- KB FINA reserves the right to impose a Service Fee (“Service Fee”) for the provision of the Service by the KB FINA Application. This service fee will be specified in the KB FINA Service Fee Schedule which is regulated by KB FINA from time to time and announced on the KB FINA Application; however, any change to the Service Fee will be applied no earlier than 30 days after notifying the Customer. Service Fees are non-refundable in all cases, including in the event that the Customer fails to use or cancels paid content and services. For the paid contents in case of cancellation of the KB FINA Service, the Customer will continue to have access to the paid content after the cancellation. For the paid KB FINA Service on a subscription basis,
- KB FINA reserves the right to recourse to any Service Fees incurred in connection with the use of the KB FINA application.
ARTICLE 4. KB FINA RIGHTS AND RESPONSIBILITIES
- Rights of KB FINA
- To personally verify, evaluate the reliability and classify the KB FINA Account based on the information provided by the Customer related to the opening and use of the KB FINA Account.
- To delay the execution of the Client's transaction request when KB FINA finds that the delay is necessary to verify information and avoid legal violations as well as damages incurred to KB FINA.
- Send advertising information related to KB FINA's products, services and activities through the communication methods registered by the Customer or other communication methods decided by KB FINA on the basis of the Customer's consent. pre-agreed.
- Decide the duration at its own descretion and how to use FINA KB points according to company policy at each time.
- Other rights as provided in these Terms of Use and Applicable Law.
- Responsibilities of KB FINA
- Assist Customer in exercising Customer's rights under these Terms of Use.
- Other responsibilities as set forth in these Terms of Use and Applicable Law.
ARTICLE 5. RIGHTS AND RESPONSIBILITIES OF CUSTOMERS
- Customer's Rights
- Through the communication methods specified by KB FINA, the Customer is entitled to request KB FINA to provide information about the KB FINA Service and other services of KB FINA.
- Other rights as provided in these Terms of Use and Applicable Law.
- Customer Responsibilities
- Comply with Applicable Laws and these Terms of Use.
- Responsible for taking all necessary measures to the highest degree to prevent unauthorized use of KB FINA application and commit not to write, disclose, whether intentionally or unintentionally, Account Information, Password to anyone at any place and at any time. Customers must manage and secure their devices, accounts, account passwords, information related to their accounts and devices, and are obliged to change the password of their KB FINA Accounts as soon as they are approved by KB FINA provided.
- When it is suspected that someone knows the Password of the Customer's KB FINA Account or suspects the unauthorized access to the KB FINA application provided to the Customer by KB FINA, the Customer must notify the Customer by the fastest method. KB FINA by the method specified in Article 6.1 of these Terms of Use. The Client will be responsible for all transaction requests that occurred prior to the receipt of such notice by KB FINA. KB FINA please note that the Customer's KB FINA Account will only be temporarily suspended once the Customer has provided all requested information to KB FINA that KB FINA may reasonably request.
- Fully pay the Service Fees related to the KB FINA application in accordance with the provisions of these Terms of Use.
- Cooperate with KB FINA to provide all necessary information as required in these Terms of Use and Applicable Law.
- Other responsibilities as set forth in these Terms of Use and Applicable Law.
ARTICLE 6. INSPECTION, COMPLAINTS
- Forms of receiving requests for tracing and complaints:
- Telephone switchboard: … (recording switchboard, operating 7/7 days a week in accordance with the law).
- Email: …
- Facebook Messenger: …
- Direct reception at KB FINA's office: 17th floor, Charmvit Tower, 117 Tran Duy Hung Street, Trung Hoa Ward, Cau Giay District, Ha Noi City, Vietnam.
- Time limit for investigation and complaint
- Time limit for Customer to request investigation and complaint: 60 days from the date of transaction or suspicious behavior;
- Time limit for handling request for investigation, complaint: no more than 45 days after receiving valid request/complaint from Customer;
- In the event that the prescribed time limit for handling the investigation and complaint has expired, but the cause or fault of the party has not yet been determined, within the next 15 working days, KB FINA will agree with the Customer on a solution to deal with the problem. or temporarily reimburse the Client for losses until the final conclusion of the competent authority clearly defines the fault and responsibility of the Parties. For the sake of clarity, KB FINA reserves the right at its sole discretion to reach an agreement with the Customer on a plan to deal with or temporarily reimburse the Customer for the loss in accordance with this provision, and this decision shall not be considered as KB's action. FINA acknowledges any errors.
- Conditions, procedures and handling of results of tracing and complaints
- Conditions for support in tracing and handling complaints
In order to receive support in tracing and complaining, the Customer must make and send to KB FINA a request for investigation and complaint according to the form prescribed by KB FINA posted on the KB FINA application. In case the Customer requests to trace and complain through the reception channel of the Call Center, the Customer must supplement the request for investigation and complaint in writing/E-mail within 03 (three) working days from from the time KB FINA receives the Client's request. In case the Customer authorizes another person to request the investigation or complaint, the Customer shall comply with the provisions of the Applicable Law;
The conditions to receive support in tracing and handling complaints are as follows: (i) By the Customer who owns the KB FINA Account (“KB FINA Account Holder”). In case of authorizing another person to request the investigation or complaint, the KB FINA Account Holder must comply with the provisions of the Applicable Law; (ii) During the period of being entitled to request investigation and complaint according to the regulations of KB FINA; and (iii) KB FINA Account Holder or an authorized person must provide all documents and records according to the instructions of KB FINA in each specific case.
- The process of tracing and complaining is carried out in accordance with KB FINA's regulations from time to time.
- Handling results of tracing and complaints: (i) After KB FINA conducts the investigation according to the process of handling tracing and complaints, if the customer's request for investigation or complaint is not correct, the customer is responsible for responsible for paying fees for investigation and false claims in accordance with KB FINA's regulations; (ii) If the Customer's inquiry or complaint is true, KB FINA will refund the Customer or reimburse the Customer for the loss in accordance with KB FINA's regulations from time to time and in accordance with the provisions of this Law. provisions of the law within 05 (five) days from the date KB FINA notifies the results of the investigation and complaint to the customer; (iii) In the event that KB FINA, Customer and other related parties cannot reach agreement and/or disagree with the result of handling request for investigation/complaint, dispute settlement shall be carried out according to regulations. provisions of the applicable Law.
ARTICLE 7. PROHIBITED ACTS
- It is strictly forbidden for Customers to perform the following acts while using the KB FINA application:
- Violate the Terms and Conditions set forth in these Terms of Use and/or any other KB FINA policy that the Customer has agreed to abide by. The Customer's consent to comply, expressed in writing or in actual behavior, is the Customer's continued use of KB FINA's services after the Policy has been notified to the Customer by KB FINA or posted on the application. KB FINA;
- It is strictly forbidden to use the KB FINA application to perform transactions for illegal purposes including but not limited to violations related to fraud, fraud;
- It is strictly forbidden to rent, rent, borrow, lend the KB FINA application or buy or sell information on the KB FINA application;
- Performing acts that affect the safety of the KB FINA application system and the interests of other Customers, including but not limited to the following acts: (i) Distributing or having any acts that support any any viruses, worms, trojans, bots or other computer programming programs that may harm any KB FINA System, data or information; (ii) Use any technical means for data mining or in any other way reproduce or deconstruct the appearance or functionality of the KB FINA application.
- Open or maintain an anonymous KB FINA Account, impersonating other individuals or organizations;
- Use the KB FINA Service to intentionally create disputes, claims, claims, and indemnities.
- Handling in case the Customer violates the prohibited acts
In case KB FINA discovers that the Customer has performed one or more prohibited acts specified in Clause 7.1 of this Article or KB FINA evaluates that the continued provision of services to the Customer affects the legitimate rights and interests of the Customer. of KB FINA and any third party, KB FINA has the right to take measures to protect the legitimate rights and interests of KB FINA and any other related third parties, including:
- Stop/suspend/refuse to provide part or all of KB FINA Application Services or promotions to Customers;
- Have the right to unilaterally terminate immediately without prior notice the contracts and agreements signed with the Client;
- Close, Lock, Freeze the Client's KB FINA Account in accordance with the provisions of these Terms of Use;
- Other handling measures that KB FINA considers necessary to protect the rights and interests of KB FINA, as well as those of other Customers and IITs, on the basis of compliance with the provisions of the Applicable Law.
ARTICLE 8. LIMITATION OF LIABILITY
Customer agrees and acknowledges that:
- In the event of a Force Majeure event or when the Customer violates the provisions of these Terms of Use and/or the provisions of the Applicable Laws, KB FINA will be exempt from liability for any loss, damage or damage. directly or indirectly related to the interests of the Customer in the process of using the KB FINA application.
- In the process of using the KB FINA application, any agreement between the Customer and any third party will not be legally binding on KB FINA. KB FINA is also not responsible for the legality and validity of transactions between the Client and any third party.
- If any of KB FINA's obligations under these Terms of Use violate any Applicable Law and a valid Court judgment or any other decision of any competent State authority, KB FINA is entitled to waive the obligation to perform that obligation.
- In connection with the provision of the Service by KB FINA, any loss or damage that KB FINA must indemnify the Customer and/or any third party at the discretion of the competent authority shall not exceed the amount Service fee actually received by KB FINA.
- The customer shall hold KB FINA harmless from all disputes, damages, losses related to transactions through the KB FINA application which are not caused by the fault of KB FINA.
- The KB FINA application may contain services provided by third parties or link to websites and applications of third parties. By agreeing to use the services of the third parties mentioned above, the Customer hereby agrees that he understands the nature of the transaction, establishes the transaction himself and is responsible for the transactions with the third party. that three. At the same time, the Customer agrees to release KB FINA from all responsibility related to the transaction that the Customer has established with a third party. KB FINA is not responsible for the collection, use, maintenance, sharing, or disclosure of Customer's data and information to such third parties. If Customer directly provides information to such websites and applications,
ARTICLE 9. INTELLECTUAL PROPERTY RIGHTS
- By these Terms of Use, Customer acknowledges that the Intellectual Property Rights to the trademarks, software, related source code, applications, images, videos, documents, graphics, music, sound and other intellectual property related to KB FINA are owned by KB FINA, regardless of whether such Intellectual Property Rights have been registered or not.
- These Terms of Use do not constitute an agreement to sell and do not grant Customer any ownership rights in or relating to the KB FINA Services, Software and/or Applications, the intellectual property rights held by KB owned by FINA and/or its licensors.
- Customer has read, understood, agreed and committed that:
- Respect the Intellectual Property Rights of KB FINA and KB FINA's products and services, do not arbitrarily use, change the name, image and components related to KB FINA's Intellectual Property Rights at anywhere;
- You do not and shall not, and shall not, use, appropriate, impersonate, distribute, modify, mutilate, copy, create derivative works of, or make any other modification to the Rights. intellectual property of KB FINA without the written consent of KB FINA;
- Customer will not perform or assist any third party to perform acts that infringe the Intellectual Property Rights of KB FINA;
- Customers will cooperate and provide information at the request of KB FINA during the investigation of suspected cases of illegality, fraud or infringement of KB FINA's Intellectual Property Rights.
ARTICLE 10. INFORMATION COLLECTION AND SECURITY
- Information collection and use.
- KB FINA will collect and use Customer information for the following purposes: (i) Verify information and Customer's KB FINA Account; (ii) Review and process requests/transactions; send notices about the Client's transactions; (iii) To organize activities to promote, introduce, survey, market research, measure and evaluate effectiveness to improve and enhance service quality and content; (iv) Enhance the security of the Client's account; (v) To perform the obligations of KB FINA as committed to the Customer; (vi) To serve internal management purposes such as auditing, data analysis, database storage; (vii) For the purpose of detecting, preventing and prosecuting crimes; and (viii) To help KB FINA comply with its other obligations under Applicable Law.
- How to collect Customer information
In addition to the information the Customer directly provides to KB FINA, KB FINA may also collect the Customer's information from various sources such as: (i) The Customer fills out the registration forms or the application to join or other similar applications; (ii) Customer provides information connecting Customer's bank account with KB FINA Application and services provided by third parties or connecting to third-party websites and applications; (iii) When customers interact and communicate with KB FINA at any event or activity; (iv) When customers participate in contests organized by KB FINA; (v) Customers use KB FINA's website, including all websites operated by KB FINA or under the respective trademarks of KB FINA; and (vi) From other publicly available sources.
- Sharing Customer information with third parties
Customer hereby agrees and agrees to allow KB FINA to provide Customer Information to the following Third Parties to serve Customer's use of Services on KB FINA Application: (i) Partners of KB FINA, consisting of KB FINA partners that collaborate in providing services such as infrastructure, software and development information technology (IT) service providers, and business partners other business of KB FINA related to Customer's use of features on KB FINA Application; (ii) The staff, professional advisors and external auditors, including legal advisors, financial advisors and consultants of KB FINA; (iii) Competent state agencies in accordance with the provisions of law; (iv) Other subjects as prescribed by law.
- In all cases set out below, KB FINA will use the Information used to register for a KB FINA Account to register a new account, register to use other Third Party services on or in connection with it. with KB FINA Application after receiving Customer's approval
- Signing, modifying or performing a contract to use information, products and services in the network environment
- Calculating prices and charges for using information, products and services in the network environment;
- To perform other obligations as prescribed by the Applicable Law.
- The KB FINA application may include services provided by third parties or be linked to third-party websites and applications. By agreeing to use the services and provide information to such third parties, Customer understands and agrees that:
- KB FINA is not responsible for collecting, using, maintaining, sharing or disclosing Customer's data and information to such third parties; and
- The privacy policies and terms of use of such websites and applications will apply to Customer when Customer uses third-party services.
- Confidentiality of Customer Information
- KB FINA commits to keep information confidential, does not provide or disclose to any party any information related to the Customer without the consent of the Customer, except for the cases specified in Article 10.1.c This or other cases prescribed by law;
- KB FINA keeps and secures Customer's personal information at system servers that are secured according to KB FINA's standards. However, please note that although KB FINA takes reasonable measures to protect Customer information, not any website, Internet connection, computer system and wireless connection are completely secure. . KB FINA does not guarantee that there will be no cases of unauthorized access, hacking, data loss, or other violations.
- Customer information retention period
- Minimum period for information to be used to provide KB FINA Services to Customers
- An extended period required for the purposes of information collection or processing, or a longer period specified by any contract, Applicable Law, or in an anonymous encrypted form serving for statistical purposes and will be implemented under appropriate safeguards.
In case the Customer closes the KB FINA Account, KB FINA will proceed to close that KB FINA Account but still have the right to retain Customer information for a certain period of time to serve the debt determination, dispute settlement. dispute resolution, troubleshooting, investigation assistance, risk prevention, compliance with KB FINA's Privacy Policy and these Terms of Use, combating violations of the law and/or as required by Law apply.
- Customer's right to access and modify information
- To the extent required by Applicable Law, Customer has the right to request KB FINA to provide a copy of Customer information that KB FINA has collected, and Customer has the right to request KB FINA to delete Customer information. or correct/update any incorrect information. The Client has the right to correct or update his/her information at any time by accessing the Client's account and making adjustments. In case the Client closes his/her account, KB FINA will proceed to close that account but may still keep the Client's personal information for a certain period of time to serve the dispute resolution, troubleshoot problems, assist with investigations, prevent risks, comply with the Terms of Use, fight against violations of the law.
- Customers have the option to stop receiving promotional messages sent to emails from KB FINA by clicking on the "unsubscribe" link in the received email. Customers have the right to choose to stop receiving notifications of KB FINA on KB FINA Application by adjusting the permission mode at the access device according to the regulations of mobile platforms (iOS, Android, etc.)
ARTICLE 11. Force Majeure
Force Majeure Events are events that occur objectively and cannot be foreseen, which the parties, although having applied all necessary measures that their capabilities allow, cannot overcome, including but not limited to: limited to events such as natural disaster, fire, flood, earthquake, accident, disaster, epidemic, nuclear or radioactive contamination, war, civil war, insurrection, strike, riot, government intervention, a change in policy or law, or cases where the processing system, communication system, or electrical system is malfunctioning, having trouble, being attacked or for any other reason. for any reason beyond the control of KB FINA that is not caused by the fault of KB FINA. In the event of a Force Majeure Event, the affected party shall promptly notify the other party of its failure to perform its obligations due to the Force Majeure Event, and shall, within 30 (Thirty) days from the date of the Event of Force Majeure, Force Majeure Event, transfer directly by certified mail to the other party the proofs of the occurrence of the Force Majeure Event and the time period of such Force Majeure Event, and propose a solution/remedial plan for the Force Majeure Event. Force Majeure Events. KB FINA and the Customer undertake to make all efforts within their power to resolve or minimize the impact of such Force Majeure Event. and at the same time propose a solution to/overcome the Force Majeure Event. KB FINA and the Customer undertake to make all efforts within their power to resolve or minimize the impact of such Force Majeure Event. and at the same time propose a solution to/overcome the Force Majeure Event. KB FINA and the Customer undertake to make all efforts within their power to resolve or minimize the impact of such Force Majeure Event.
ARTICLE 12. GOVERNING LAW AND DISPUTE SETTLEMENT
- These Terms of Use are governed by Applicable Law.
- Any dispute related to the Terms of Use will be negotiated and resolved in the spirit of cooperation and mutual respect. In case of disagreement, the case will be settled at a competent court in Vietnam in accordance with the applicable Law.
ARTICLE 13. GENERAL PROVISIONS
- Customer may not assign or transfer any rights or obligations under the Terms of Use without the prior written consent of KB FINA.
- Notify
- The notification shall be made by one of the following methods: (i) on all means, tools and applications related to the provision of Services by KB FINA; (ii) the mass media; (iii) Sending information to Customers via registered post, email, fax, SMS, phone; (iv) Other methods agreed by the Customer;
- The notice is considered to have been received by the Customer: (i) Within 03 (three) days from the date of dispatch (according to the outgoing postmark), if sent by mail; or (ii) On the date of dispatch if sent by fax, automated message, email, direct phone; or
- KB FINA reserves the right to change these Terms of Use from time to time. KB will notify Customer at least 30 days before these changes are applied to Customer. Customer's continued use of the KB FINA Application after the changes take effect will constitute Customer's acceptance of the changed Terms of Use.
- In the event any provision of the Terms of Use is held to be void or unenforceable, the remaining provisions of the Terms of Use shall remain in full force and effect. In case there is a difference between the Terms of Use and other policies of KB FINA, the latter shall prevail.