TERMS OF SERVICE (VIETNAM)
PART 1: GENERAL REGULATIONS
1.1 These Terms of Service (“Terms of Service”) shall be the agreement between the Customer, the Merchant and us which contains a set provisions governing the rights, obligations and responsibilities of the Customer, the Merchant and us in using our Services.
1.2 Atome shall have full right to add, change or terminate any functions of the Platform as well as change this Terms of Service at any time and without prior notice. The changes, amendments, supplementation or deletions will be effective immediately after being updated and uploading on the Platform. All services or products used by the Customer or the Merchant via the Platform must comply with those changes or updates. If the Customer continue to access to and use the Platform and if the Merchant continues to cooperate with us, this will be considered as your agreement with the changes and updates.
1.3 By using our services or products in the Platform, the Customer acknowledges that (i) the Customer is a lawful legal entity or individual which is legally capable to make transaction with Atome and/or Atome Lending Partner under this Terms and Conditions, Atome Lending Partner’s regulations and applicable stipulations of Vietnamese law, and (ii) the Customer has clearly read, understood, agreed to be bound with the regulations described in the following Terms and Conditions.
1.4 Atome shall provide consultancy services for financial products to the Customers living and operating in the territory of Socialist Republic of Vietnam. Atome shall not provide our services to the individuals and organization outside the above scope of operation without notice in writing or any other forms.
1.5 Atome does not warrant that the Platform and any product or services provided by Atome will meet the Customer’s requirements or the Platform’s operation will not be interrupted, delayed, refused, errored, lost or cancelled information.
PART 2: DEFINITIONS
Other than stipulated in these Terms and Conditions, the following definitions shall have the definition, meanings and interpretation as stipulated below:
“Account” means the valid account of the Customers in the Platform.
“Agreements” mean the pawn agreement, bailment agreement and consultancy agreement, entered into between the Customer and Atome and/or Atome Lending Partners.
“Atome Lending Partner” means any Atome’s partner that provides the Loan to the Customer through the Platform.
“Atome” or “we” or “us” or “our” (as the context may require) means Atome Vietnam Company Limited, a company established under the laws of the Socialist Republic of Vietnam, which is engaged in the field of software related services and financial/management consultancy.
“Customer Service Center” means Atome’s Customer Service Center at 1900277273 (or other phone numbers as may be changed from time to time by Atome and/or updated on the Platform).
“Customer” means any party that uses our Services in the Platform.
“Loan” means the loan facility obtained by the Customer from Atome Lending Partner through the Atome Platform in accordance with the Agreements.
“Merchant” means any party that offers and sells its product to the Customer and is paid by the Customer through a payment option offered by Atome and/or Atome Lending Partner.
“Notice” means the provision of notices or approvals or confirmations (depending on each case) in regards with the Request of Services given by Atome and/or Atome Lending Partner to the Customer.
“OTP” means a one-time password that is specifically given to the Customer which is valid for a certain period of time.
“Platform” means the website, including any subdomains thereof, and any other websites owned, operated and through which Atome makes the Services available, any mobile, tablet and other smart device applications, and application program interfaces operated by Atome.
“Services” means services which is owned, administered, and provided by us and/or Atome Lending Platform through the Platform.
“Terms of Service” means these Terms of Service that governs the Customer’s use of our Services in the Platform, and the relationship between the Customer and Atome or Atome Lending Partner.
“Transaction Registration Method” means the transaction methods for receiving or sending documents related to the execution and performance of the Agreements, which are chosen by the Customer and registered in the Platform, including but not limited to, email, phone, text, etc.
PART 3: ELIGIBILITY, ACCOUNT CREATION, CUSTOMER VERIFICATION
- To be eligible to be a Customer and to use our Service, the Customer must:
- have created and maintain a valid and active Account in accordance with paragraph 2 below;
- be living and operating in the territory of Socialist Republic of Vietnam;
- have a legal capacity to enter into a valid legal agreement;
- have successfully completed any pre-authorization procedures under the Platform; and
- have met, and continue to meet, such eligibility requirements and verification checks and assessments and Terms of Service as may be required under the Platform from time to time in relation to the Services.
- By creating an Account, the Customer presents and warrants that the Customer is eligible and meet all the requirements in paragraph 3.1.a above.
- The Customer’s eligibility shall be assessed and determined on an ongoing basis at our sole discretion. We reserve the right to deny, suspend or terminate the provision of our Service and/or to restrict, suspend or terminate the Customer’s access to the Platform should the Customer fail to meet any of the eligibility requirements in paragraph 3.1.a above in our discretion.
- The Customer must create and register a password-protected Account on the Platform by providing us with such information as may be required for the purposes of creating such Account.
- Each Customer may only hold one Account.
- In consideration for the Customer’s use of the Account, the Customer agrees to:
- provide true, accurate, current and complete information about the Customer may be prompted by any registration forms on or through the Platform or otherwise requested by us from time to time (“Registration Data”) and to supply all information requested by us in a timely manner;
- maintain the security of the Accounts password and login details and to immediately inform Us of any potential compromise of the Customer’ password or login details or any security breach;
- maintain and promptly update the Registration Data, and any other information the Customer provides to Us, to keep it accurate, current and complete;
- promptly notify us regarding any material changes to information or circumstances that could affect the Customer eligibility to continue to use our Services;
- be fully responsible for all use of the Account and for any actions that take place using the Customer’s Account;
- ensure that the Account is used in a responsible and lawful manner and to mitigate any risks of the Account's involvement in any prohibited activities in accordance with this Terms of Service and the prevailing laws and regulations; and
- comply with our operating procedures as may be informed to the Customer from time to time.
- The Customer is responsible for maintaining the security of the Account and the Customer agrees that the Customer is solely responsible for all activities that occur under the Account, whether or not authorized by the Customer.
- We recommend that the Customer refrains from sharing the Account’s details or password with any other parties. Please notify us immediately if the Customer becomes aware of any suspected or actual or suspected loss, theft, fraud, or unauthorized use of the Account and Account password ("Security Breach"). We shall be entitled to terminate or suspend the Account, provided always that the Customer shall remain responsible for any actions taken through the use of the Account before such termination or suspension.
- We shall not bear any liability or responsibility for losses of any kind that a Customer may incur as a result of the Customer’s failure to maintain the confidentiality of its password or by providing access to the Account to any other parties than us.
- The Customer is prohibited to uninstall the Platform for as long as the Customer has any amount due based on the Loan. If the Customer deletes the Platform when it has any amount due based on the Loan or has not made the full repayment of the Loan, the Loan will automatically become due and payable at the time the Customer deletes the Platform.
3.3 Customer Verification
- The Customer agrees to provide any information or documentation reasonably requested to verify the Customer’s identity in connection with the opening of the Account.
- The Customer may be required to enter an OTP sent by Atome to the Customer’s registered phone number when the Customer creates an account in the Platform, log in to its account in the Platform, or in any other circumstances which Atome may deem necessary.
- We do not assume any responsibility for the confirmation of any Customer's identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask the Customer to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of the Customer, (ii) screen the Customer against third party databases, lists of prohibited countries, territories, entities and individuals including but not limited to such lists maintained by the United Nations and Vietnamese National Police, or other government institutions and other sources, and (iii) where we have sufficient information to identify the Customer, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in the Customer’s local jurisdiction (if available).
- We may make access to and use of the Platform, or certain areas or features of the Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, the Customer’s repayment history and such other operating processes as may be imposed from time to time. The access to or use of certain areas and features of the Platform may therefore be subject to separate policies, standards or guidelines, or may require that the Customer accepts additional terms and conditions, before the Customer can access the relevant areas or features of the Platform. If there is a conflict between these Terms of Service and such additional Terms of Service as may be applicable to a specific area or feature of the Platform, the latter Terms of Service shall prevail with respect to the subject matter, specific area or feature as specifically addressed in such terms and conditions, unless specified otherwise.
PART 4: LENDING SERVICES
4.1 The Loan that the Customer receives is entirely derived from and owned by Atome Lending Partner(s) having a cooperation with Atome. Atome only facilitates the Loan process for any transaction concluded using the Platform. Therefore, the legal relationship arising with regards to the Loan is between the Customer and Atome Lending Partner(s), thus all risk associated with the Loan shall be borne by the Customer and Atome Lending Partner(s).
4.2 By choosing your preferable Loan product and submitting your Loan application in the Platform, the Customer unconditionally and irrevocably agrees that the Customer has requested the signing of the Agreements and using the Services provided by Atome and/or Atome Lending Partner (including but not limited financial consultancy service for the Loan and pledging service of Atome Lending Partner) (“Request of Services”).
4.3 The Loan shall be disbursed to the Customer after (i) Atome and Atome Lending Partner confirm to approve the Request of Services and (ii) the Customer submits its approval to receive the Loan with the specifications as specified in the Platform, in accordance with the Agreements.
4.4 The Agreements between the Customer and the respective parties (including but not limited Atome and/or Atome Lending Partner) under the Agreements will be signed legally by Atome and/or Atome Lending Partner from the time when Atome approves the Customer’s Request of Services by sending a notice to Customer via text message to the Customer’s registered phone number and/or email to confirm that the Rrequest of Services is approved and (ii) the Customer when it submits its Loan application in the Platform.
4.5 Any notice to the Customer notice sent by Atome and/or Atome Lending Partner to the Customer regarding the signing and performing of the Agreements or the transaction related to Atome and/or Atome Lending Partner by Transaction Registration Method shall be deemed to have been sent to the Customer from the time when the notice sent to the Customer and the Customer has no further claim or complaint.
4.6 By signing the Agreements, the Customer hereby confirms to have read, clearly understood, agreed and bound legally to the Agreements as well as all the content, forms as shown in such Agreements sent by Atome and/or Atome Lending Partner to the Customer through Transaction Registration Method.
4.7 The Customer confirms to have officially registered the Transaction Registration Method to receive or send the documents related to the signing and performing of the Agreements, the transactions related to Atome and/or Atome Lending Partner including but not limited to the forms such as telephone, post office, message, email, etc. ("Transaction Registration Method") in accordance with the information provided by the Customer.
4.8 By selecting any of the Transaction Registration Method, the Customer shall confirm:
- all information prodived to Atome, and/or Atome Lending Partner is (i) managed, used and owned by the Customer, (ii) true and (iii) accurate in all respect, no information is concealed or falsified. The Customer is fully aware of all risks including but not limited to errors, security/privacy, misconduct and/or tampering when selecting a Transaction Registration Method consistent with the information provided by the Customer to receive/send the documents related to the performance of the Agreements with Atome and/or Atome Lending Partner;
- all documents related to the performance of Agreements with Atome and/or Atome Lending Partner received/sent to Atome and/or Atome Lending Partner by the Customer under Transaction Registration Method in accordance with the information provided by the Customer will be legally bound and valid even if Atome and/or Atome Lending Partner does not hold the originals of these documents;
- unconditional commitment to the Atome Lending Partner, the Customer shall be bound by the obligations of the Agreements signed with Atome and/or Atome Lending Partner;
- to provide Atome and/or Atome Lending Partner with the original transaction documents related to the performance of the Agreements signed legally upon request. If there is any conflict between the originals of the documents and their copies previously received by Atome and/or Atome Lending Partner in accordance with the Transaction Registration Method, the documents that Atome and/or Atome Lending Partner have received will be prioritized to apply and the Customer must complete the procedures requested by Atome and/or Atome Lending Partner.
4.9 The details of the Loan disbursed to the Customer, including any other fees (e.g., interest fees) shall be further stipulated in the Agreements and the Platform.
4.10 The Customer is obliged to repay the Loan and any other fees or penalties (if any) based on the agreed repayment period in accordance with the Agreements and as shown in the Platform.
4.11 Cancellation Procedure
- Cancellation by the Customer
The Customer shall have the right to refuse to receive the Loan and the services as stipulated in the Agreements in the following manner:
- within 1 (one) day from the date of receipt of any notice from us, the Customer must our call Customer Service Center at 1900277273 to request to refuse the signing of the Agreements or follow the steps as informed by Atome to Customer; and
- if the Loan has been disbursed to the Customer, within 2 (two) working days from the date the disbursement, the Customer must refund the Loan to Atome Lending Partners via a payment channel as determined by Atome and/or Atome Lending Partner.
Regardless of any reason, if excessing the time limited mentioned above, the Customer fails to perform the refusal in the manner specified in paragraph 5 above, the Agreements will be effective as prescribed above and the Customer is obliged to perform all of its obligations under the Agreements.
- Cancellation by the Merchant
The Merchant shall have the right to cancel any transaction purchased by the Customer through a payment option offered by us and/or the Atome Lending Platform in accordance with the agreement between the Merchant and us.
4.12 Any risk of misunderstanding, miscommunications, errors, damages, costs or losses incurred by the use of the Platform or in connection with the Agreements is entirely at your own risk. Atome is not responsible for any loss caused by a failure in accessing and usage method of the Platform and that is beyond Atome’s control or in breach of this Terms and Conditions.
PART 5: SECURITY POLICY
The data and personal information provided to Atome by the Customer and the Merchant during the registration, access and use of services on the Platform as well as the mobile data that the Customer and Merchant agree Atome to access will be processed and secured in accordance with the applicable laws and our Security Policy.
PART 6: INTELLECTUAL PROPERTY RIGHTS
6.1 Our intellectual property rights, including but not limited to copyrights, patents and trademarks for and on behalf of us are wholly owned by and become our fixed asset. The Customer and the Merchant shall assume that everything the Customer and the Merchant read or see in relation to our Service are our intellectual property rights, or a third party who licensed the right to use such intellectual property to us. Unless otherwise expressly noted, nothing that you read or see in relation to our Service or any of the source code or HTML code that we uses to generate the Service may be copied, reproduced, modified, distributed, transmitted, republished, displayed, or performed for commercial use without our prior written consent, except permitted by the applicable laws and regulations.
6.2 The Customer and the Merchant are permitted to view and copy-print on the content paper provided by our Service, however:
- all copies are the intellectual property rights of us and third parties which we grant licenses; and
- the Customer and the Merchant do not alter in any way a copy of the paper from printed materials, including the deletion of any copyright or other proprietary rights contained in the our Service.
6.3 Prohibited Use – The following is prohibited: any use or attempted use of the Services (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) to interfere with any other party's use and enjoyment of the Services, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by Us to be made accessible to a Customer and/or Merchant, or (vi) to obtain any materials or information through any means not intentionally made available by us, or (vii) for any use other than the business purpose for which it was intended.
6.4 The Customer and Merchant agree not to use any portion of our Service to:
- inserting or intentionally or unintentionally transmitting viruses, worms, trojan horses, time bombs, trap door, computer code, files or programs or making repeated requests designed to interfere with, impair or limit the functionality of the software, computer hardware, telecommunications equipment, or to reduce the quality, disrupt the appearance of, or damage the functionality of our Service;
- upload, post, e-mail or otherwise accept, or paste links to any content facilitating the data hack;
- hacking into any part of our Service;
- upload, transmit e-mails, or transmit links to any content that infringes the intellectual property rights of third parties;
- circumvent or attempt to circumvent, any safeguards from our Service; allow any third party to do all of the above;
- rename, modify, or reshare the content provided in our Service without our prior consent.
- upload or transmit any message, information, data, text, software or images, or other content ("Material") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity;
- create a false identity for the purpose of misleading others or impersonate any person or entity, including but not limited to our representative, or falsely state or otherwise misrepresent the Customer or the Merchant affiliation with a person or entity;
- upload or transmit any Material that the Customer and Merchant do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as non-disclosure agreements);
- upload or introduce files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
- delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
- use the communication features in a manner that adversely affects the availability of its resources to other Customer or Merchant (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
- upload or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation, commercial or otherwise;
- violate any applicable local, state, national or international law;
- upload or transmit any Material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
- delete or revise any Material posted by any other person or entity;
- manipulate or otherwise display the Services by using framing, mirroring or similar navigational technology or directly link to any portion of the Services other than the main homepage, shop.atome.vn, in accordance with the limited license and Services access as outlined above;
- register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Service if You are not expressly authorized by such party to do so;
- harvest or otherwise collect information about others, including e-mail addresses; and/or
6.5 We reserve the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including but not limited to the suspension or termination of the Customer's and the Merchant’s access and/or account. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by applicable Vietnamese Law, We reserve the right at all times to disclose any information We deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, based on our sole discretion.
PART 7: INDEMNITY
7.1 The Customer’s use of our Services is at the Customer’s sole risk. All content and software are provided on an “as is” or “as available” basis, and we expressly disclaims all warranties and conditions of any kind whether express or implied, including but not limited to any warranties of merchantability or fitness for a particular purpose. We make no warranty that the content and software are accurate, timely, uninterrupted, non-infringing, virus-free or error-free, or that any such problems will be corrected.
7.2 Limitation of Liability – the Customer understands and agrees that we will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of products, use, data or other intangible losses, even if we have been advised of the possibilities of those damages, resulting from your use of or inability to use the Services, content or software, or any other matter related to the Services, content or software. You understand and agree that your use of the services is predicated upon your waiver of any right to sue us or our affiliates directly or to participate in a class action suit for any losses or damages resulting from your use of the services.
7.3 The Customer will indemnify and hold us harmless, our parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damages or cost (including reasonable attorneys’ cost) relating to:
- any claim or demand made by any third party due to or arising out of Your access to or use of our Service;
- your access to, use of, or inability to use your Account or the Loan;
- your breach or alleged breach of these Terms and Conditions;
- your violation of any rights of a third party, including but not limited to any negligence or willful misconduct of you, your employees, contractors, representatives or agents, if relevant and as the case may be, or a breach of any contracts or other relationships between you and third parties;
- your inability to repay the Loan and/or any amounts due;
- your violation of any applicable law;
- your failure to provide and maintain true, accurate, current and complete information when creating and registering for an Account. You shall cooperate as fully and as reasonably required in the defense of any such claim; or
- your violation of these Terms and Conditions.
PART 8: REPRESENTATIONS AND WARRANTIES
As long as You use the Loan, You hereby represent and warrant to us that:
- You are a Vietnamese citizen or legal entity legally subject to the laws of the Socialist Republic of Vietnam, an individual or a legal entity which has a legal capacity to enter into a valid legal agreement under the laws of the Socialist Republic of Vietnam.
- All facts, data, information, documents and explanation provided by you to obtain the Loan are true, accurate and complete; and
- You have read and understand this Terms of Service and it is a legally binding and enforceable obligation upon You.
PART 9: CHANGES IN THE TERMS AND CONDITIONS
- These Terms of Service may be changed and/or updated from time to time.
- The Customer is advised to read carefully and check these Terms of Service from time to time so that the Customer remains informed about the latest version of these Terms and Conditions.
- We may, but not guarantee to, notify you of changes made to these Terms of Service via e-mail to your registered e-mail address.
- By continuing to use our Services, the Customer agrees to any changes to these Terms and Conditions.