CONTRACT ON SUPPLY AND USE OF

TECHNOLOGY SERVICES 

1 Enter into the Contract

1.1 This Contract on supply and use of Technology Services (“Contract”) is made by and between:

1.1.1 Customer - an individual who has provided the personal information to us through the iCare Member App and is the iCare Member account holder logging into the iCare Member App ("Customer"); and

1.1.2 Viet Phu Payment Services Support Corporation (Movi) (a company operating in the field of technology, e-commerce and intermediary payment. Movi builds, develops and operates an E-commerce exchanges base on the website platform and mobile application, for Movi' s partners to post information about their products and services, including Financial Products provided by Financial Partners on it).

1.2 By selecting the content [“I agree to the Terms of Conditions”] on the iCare Member App and providing the one-time password (OTP) sent by Movi to the registered phone number of the Customer, the Customer agrees to enter into this Contract with Movi.

1.3 By sending OTP to the Customer, Movi confirms to agree for entering into this Contract.

2 Definitions

2.1 “iCare Member App” is an application on the Movi's mobile operating system platform; Through the iCare Member App, Customer can purchase goods and services provided by Movi and / or Movi's partners in iCare Benefits Program.

2.2 “Technology Services” is a technology services and solution for e-commerce, finance and banking fields which are researched, developed and provided by Movi to connect Customer who has the demand to use the Financial Products and Financial Partners capable of supplying Financial Products.

2.3 “Technology Services Fees” means the services fees that Customer is obliged to pay to Movi when using the Technology Services to be connected to the Financial Partner.

2.4 “Cost of Using Financial Products” is the total expected costs that the Customer must pay when proposing to use Financial Products provided by a Financial Partner, through connection from Technology Services of Movi.

Costs of Using Financial Products includes: (i) interest, fees that Customer must pay to Financial Partners for using Financial Products (excluding the penalties, interest late payment, compensation for damages and any liability arising from a breach of Customer's obligations); and (ii) Technology Services Fees that Customer must pay to Movi when using Technology Services.

The Cost of Using of Financial Products is expected to be shown on the iCare Member App when the Customer registers to use the Financial Product.

2.5 “Financial Partner(s)” are credit institutions cooperating with Movi to provide Financial Products in the iCare Benefits Program.

2.6 “Financial Products” means financial products provided by a Financial Partners in partnership with Movi to individual customers in the iCare Benefits Program, including but not limited to cash advance products, installment loans products, installment loans products for purchasing physical goods, use services.

3 Supply and use the Technology Services 

3.1 Technology Services include providing platforms services and technological solutions to connect Customers and Financial Partners in the following cases:

Customer registers to use the Financial Partner's Financial Products for the first time (in case the Financial Partners provide credit limit products);

The Customer requests to disburse the loan according to the Financial Partner's credit limit product (in case the Customer has been approved to provide the credit limit product by the Financial Partners);

Customers register to use Financial Products of Financial Partners (in case Financial Partners provide Financial Products on each loan).

3.2 Process of connecting Customers and Financial Partners in case of registration for using Financial Products:

Customer agrees and authorizes irrevocably for Movi to forward Customer's information and Proposal to use Financial Products to Financial Partners for consideration and approval of the providing of Financial Products as per Financial Partner's regulations from time to time.

In case of multiple Financial Partners, Customer agrees and authorizes irrevocably for Movi based on Customer's needs and conditions, terms of use of Financial Products of Financial Partners to select for Customers the appropriate Financial Products and forward Customer’s information to the appropriate Financial Partner for review and approval.

After receiving and checking the information provided by the Customer via the iCare Member App, in the event that the Customer meets the credit granting conditions set by the Financial Partners, Movi will select the appropriate Financial Partner and, on behalf of the Customer, to forward their information in the Proposal to use the Financial Products to that Financial Partner.

In the event that the Customer does not meet the credit granting conditions set by the Financial Partner, Movi will not forward their information in the Proposal to use the Financial Products to that Financial Partner. In this case, Movi reserves the right to waive the obligation to pay the Technology Services Fee to the Customer.

Upon receipt of the Proposal to use the Financial Products of the Customer transferred by Movi, the Financial Partner will check and confirm about the Customer's fulfillment of conditions for the provision of financial products. Based on the confirmation of the Financial Partner, Movi will contact and deliver to the Customer all the necessary documents to sign and / or supplement, under the request of the Financial Partner.

3.3 Connecting Customers and Financial Partners to forward loan disbursement requests:

The Customer agrees and authorizes irrevocably for Movi to forward Customer's information and Request for loan disbursement to the Financial Partner to consider, approve loan disbursement request as prescribed of Financial Partner's regulations from time to time.

In the event that Customer has been granted a credit limit by multiple Financial Partners, Customer agrees and authorizes irrevocably to Movi based on Customer's needs and conditions, terms and conditions of use of Financial Products of Financial Partners to choose to forward the request for loan disbursement to the appropriate Financial Partner.

After receiving and verifying the information provided by the Customer via the iCare Member App, in case the Customer meets the disbursement conditions set by the Financial Partner, Movi will select a appropriate Financial Partner and on behalf of Customer forward the information in the Disbursement Request to that Financial Partner.

In the event that the Customer does not meet the disbursement conditions set forth by the Financial Partner, Movi will not forward the information in the Disbursement Request to that Financial Partner. In this case, Movi reserves the right to waive the obligation to pay the Technology Services Fee to the Customer.

After receiving the Disbursement Request of the Customer transferred by Movi, the Financial Partner will check and confirm that the Customer meets the loan disbursement conditions. Upon confirmation of the Financial Partner, Movi will contact and deliver to the Customer all the necessary documents to sign and / or supplement, under the request of the Financial Partner (if any).

4 Technology Services Fees

4.1 Technology Service Fee will be posted on Movi's website from time to time. 

In addition, Technology Services Fees may be notified to Customer when Customer needs to use Technology Services.

4.2 By providing a one-time password (OTP) sent by Movi to the Customer's registered phone number to perform related transactions, the Customer agrees with the applicable Technology Service Fee that Movi applied at that time.

4.3 By agreeing to establish and submit a Proposal to use Financial Products and / or Request to disburse Financial Products, Customer is deemed to use the Technology Services provided by Movi. 

4.4 Movi is deemed to have completed the provision of Technology Services and the Customer is obligated to pay the Technology Services Fee from the time of:

Movi successfully receives information provided by Customer through iCare Member App; check and compare Customer's information with requirements and conditions of the Credit institutions; and

Movi forwards Customer’s information provided via the iCare Member App to Financial Partners, in the event that the Customer satisfies with the conditions set by the Financial Partner from time to time; or notify to Customer in the event that Customer fails to meet the conditions set by the Financial Partner.

4.5 Technology Services Fees payment term:

Customer pays Technology Services Fees in a manner specified by Movi from time to time, including but not limited to:

4.5.1 Immediate one-time payment after Customer successfully uses Technology Services; or

4.5.2 One-time payment at a time appointed by Movi after the Customer successfully uses the Technology Services; or

4.5.3 Paying in monthly installments after Customer successfully uses the Technology Services, in which, the time of installment payment and the time of each payment will be decided by Movi.

4.6 Manner of payment of Technology Services Fees

The Fees for Technology Services will be paid as a services fees incurred, in the manner of payment of outstanding balance in the iCare Benefits Program, as agreed upon between Customer and Movi.

5 Rights and obligations of the Customer:

5.1 Use the Technology Services provided by Movi under the terms and conditions of this Contract.

5.2 Pay fully and on time the Technology Services Fees to Movi according to the payment schedule set by Movi.

5.3 Waive to Movi any and all liabilities arising from and / or relating to the selection and forwarding of Customer's information to Financial Partners.

5.4 Other rights and responsibilities stipulated in this Contract.

6 Rights and obligations of Movi:

6.1 Movi is responsible for receiving and correctly forwarding Customer information provided via the iCare Member App to Financial Partners, in the event that Customer satisfies with the conditions set forth by the Financial Partner.

6.2 Notify Customer in case Customer does not meet the conditions set by the Financial Partner.

6.3 Received Services Fees paid by Customer in proportion to the provision of Technology Services.

6.4 Other rights and responsibilities stipulated in this Contract

7 Information exchange

7.1 Movi and Customer agree that all communications between the two Parties in relation to this Contract shall be deemed to be valid if made by post or email (email) or phone or SMS, depending on each case, and at the same time can be done through one or a number of other methods according to the following provisions:

7.1.1 via email or telephone in case the Customer has provided to Movi the email, a valid phone number (whether provided via any means, including but not limited to via the iCare Member App)

7.1.2 through the iCare Member App that the Customer may download and install on the Customer's smartphone operating on iOS or Android platform.

7.2 In addition, information made by post is deemed to be received by the recipient on the 3rd business day after the date it is delivered to the postal service unit. Information made by e-mail, phone, SMS or iCare Member App of Movi is deemed to be received by the recipient at the time that information exchange is successfully carried out.

8 Limits of liability

8.1 Movi will not be liable for compensation for any costs, losses or damages, whether direct or indirect, related to or result of the use or inability to use the Technology Services by any party, or in connection with inactivity, errors, omissions, interruptions, defects, or delays in operation or transmission, due to computer viruses or transmission lines or due to system interruption, even if Movi or its representative has been informed of the possibility of such damages, losses or expenses.

8.2 No warranties, promises and / or representations, whether expressed or implied, made by Movi regarding Customer's acceptance of and / or disbursement of loans under the financial products by Financial Partners.

8.3 In any case, any and all liability arising from Movi's liability to Customer in providing Technology Services, in any form (including but not limited to compensation, ...) will not exceed the value of the Technology Fees that Customer has paid to Movi in accordance with the transactions using the Technology Services arising responsibility of Movi.

9 Validity

9.1 This Contract is established from the time Customer provides a one-time password (OTP Password) sent by Movi to the Customer's registered phone number.

9.2 With the condition that Customer has fully completed, all outstanding obligations to Movi (whether under this Contract and / or any other agreements), this Contract will terminate force when:

9.2.1 Customer is no longer a member of Movi's iCare Benefits Program and Customer's iCare Account is locked; or

9.2.2 Customer has a written request to terminate the Contract and with Movi's consent; or

9.2.3 Movi notifies Customer of the termination of this Contract; depending on which event occurs first.

9.3 The terms and conditions of this Contract will be binding on Customer for all transactions using Technology Services made after the Contract is established.

10 Amendments and supplements to the Contract

10.1 Movi reserves the right to amend and supplement the contents of this Contract by giving written notice to the Customer, or on Movi's website or via the iCare Member App. These amendments and supplements take effect from the date specified in the notice or from the date Movi sends the notice (if not specify the effective date on the notice).

10.2 Within 05 (five) days from the date Movi notifies the amendment and supplementation of this Contract, if Customer disagrees with the changes, Customer has full right to pay all outstanding obligations, do not use the Technology Services or offer to terminate this Contract.

10.3 Within 05 (five) days from the date Movi notices the amendment and supplementation of this Contract, if Customer continues to maintain, use Technology Services or does not have any feedback, upon notice of Movi, Movi reserves the right to understand that Customer accepts all changes as notified by Movi.

11 Legal dispute resolution

11.1 This Contract is governed by the laws of the Socialist Republic of Vietnam.

11.2 In the event of a dispute regarding the validity, interpretation or performance of the Contract, the parties will first endeavor to resolve the dispute by negotiation and conciliation. In case the Parties cannot resolve such dispute within fifteen (15) days from the date the dispute arises, either party may request that such dispute be resolved by the Vietnam International Arbitration Center located next to the Vietnam Chamber of Commerce and Industry ("VIAC") to resolve according to the Rules of arbitration of VIAC and Vietnamese law. The language of dispute resolution is Vietnamese. The place to resolve the dispute will be Ho Chi Minh City, Vietnam.

12 General terms

12.1 The Customer acknowledges and undertakes that the information provided through the iCare Member App is complete, accurate and truthful, declared by the Customer itself and not intentionally concealing, providing inaccurate any information.

12.2 Customer agrees to use the information declared on this iCare Member App to replace Customer's previous information (if any) that Customer has provided to Movi and / or Financial Partner.

12.3 Customer's personal information protection policy

12.3.1 Collection purpose of and Scope of use of Customer information

Customer agrees that Movi may use / provide the information Customer has provided to third parties, including but not limited to subsidiaries, partners of Movi, to use for many purpose not prohibited by law: marketing; improve the quality of Movi products and services; cross-selling; developing new products; developing collaborative network of Movi; other purposes to improve benefits and utilities for customers; analysis, evaluation and other commercial purposes that will not cause damage to Customer.

12.3.2 Address of organization that collects and manages Customer information

VIET PHU PAYMENT SERVICES SUPPORT CORPORATION

Address: 33 Ung Van Khiem, Ward 25, Binh Thanh District, Ho Chi Minh City

Support phone number: (+84) 28 7308 0909

12.3.3 Methods and tools for Consumer to access and edit their personal data on his/her account in iCare Member App:

(a) Customer's personal information will be clearly displayed in Customer's account in iCare Member App.

(b) When wishing to change his/her personal information on the Customer's account in iCare Member App, the Customer may call Movi Support Center by using the phone number registered with Movi or contact Movi’s staff directly to request changes and corrections of his/her personal data.

12.3.4 Mechanism of receiving and resolving Customer complaints related to personal information used for the wrong purpose:

(a) In case Customer submits a complaint related to the confidentiality of his/her personal information provided to Movi, upon receipt of such information, Movi will promptly perform inspection and verification such complaint.

(b) In the event that the complaint of the Customer is correct, Movi is responsible for contacting directly with the Customer to agree on the method of resolving the case in the spirit of goodwill and respecting the rights of the Customer.

(c) Customer may contact Movi at the address below for support:

VIET PHU PAYMENT SERVICES SUPPORT CORPORATION

Address: 33 Ung Van Khiem, Ward 25, Binh Thanh District, Ho Chi Minh City

Support phone number: (+84) 28 7308 0909

12.3.5 Movi's responsibility to protect Customer's personal information

(a) In the course of providing Technology Services, if Movi collects personal information of Customers, it is responsible for ensuring compliance with the relevant legal regulations on personal information protection.

(b) Movi is committed to keeping Customers’ personal information strictly confidential in accordance with Movi's personal information protection policy and Vietnamese laws.

(c) Collection and use of information by each Customer shall be conducted only with the Customer's consent, unless otherwise provided by law.

(d) Movi commits not to sell, exchange or share Customers’ information resulting in the disclosure of personal information which causes damage to Customer and/or violation of its commitments set forth in this Agreement.

(e) Movi commits to take reasonable and necessary measures (within the capabilities of Movi) to protect Customer's personal information from unauthorized access and use of such information.

12.4 This Contract is intended to provide and use a service in the iCare Benefits Program, so unless otherwise stated, related to participation in the iCare Benefits Program, as provided in the iCare Benefits Registration Form, the iCare Benefits Terms and Conditions will adjust accordingly to this Contract.

12.5 Documents, evidences relating to the conclusion of this Contract and / or the performance of transactions related to this Contract are verified by the Customer by OTP, as well as data recorded and stored by Movi will be evidence of transactions between Customer and Movi, shall be legally valid as a valid contract signed between Movi and Customer.

12.6 Customer confirms that he/she has read, understood, accepted, complied with and agrees to be bound by the terms of this Contract.