WMV Consumer Agreement
These terms and conditions (“Agreement”) govern the supply of the Service operated by Vietnam Online JSC – WebMoney Vietnam (“we”,* “us”*, “our”) to an individual whose application to register for a Personal Account we accept (“you”, “your”).
Capitalised terms that are not defined where they appear in this Agreement have the meaning given to them in Clause 20 below. The term of this Agreement (“Term”) shall start on the date you agree it when registering for a Personal Account and, if we accept your application, this Agreement shall continue unless it is cancelled by you under Clause 8 or otherwise terminated by either you or us under Clause 9.
Please read this Agreement and download a copy for your records before using the Service. Please note that we may change this Agreement on 2 months’ notice to you from time to time without liability. We will post any changes on this page and notify you in your Personal Account and/or by email. You may terminate this Agreement immediately and without charge before the proposed changes take effect, otherwise you shall be deemed to have accepted such changes when the 2 months’ notice expires.
1. Your Personal Account
1.1 As further describe in Clause 2, the Service enables you to:
1.1.1 Purchase WMV;
1.1.2 Make a payment in WMV for your purchases of goods or services from a Business (“Payment”);
1.1.3 Make or receive a transfer of WMV to or from another Consumer or Business (“Transfer”); and
1.1.4 Exchange your WMV for an equivalent amount of funds in the same currency in which your WMV was denominated (“Redeem” and “Redemption” shall be construed accordingly), provided that you comply with all Applicable Law and do not use the Service for any of the prohibited purposes listed on the Service from time to time, including the sale of unlawful images or age-restricted goods or services to persons under the age of 18 or otherwise use the Service in ways that might damage our reputation or goodwill.
1.2 Your WMV Balance does not earn interest and guaranteed by VND Deposit at banks in according to regulation of The State Bank of Viet nam.
1.3 To be eligible to register for a Personal Account, you must be an individual person who is at least 15 years old (if you are resident Viet Nam) or at least 15 years old if you reside in other countries and the law of your countries of residence permits it. You acknowledge that we may impose certain restrictions on the use of the Service for users who are under the age of 18, including but not limited to Transaction Limits. We rely on you providing accurate information to enable us to exercise our rights and comply with our obligations under this Agreement and cannot be held responsible if you providing incorrect information in relation to age, for example.
1.4 Depending on the amount of incoming transactions into your Personal Account, the Personal Account has certain Transaction Limits. When you reach those Transaction Limits the law requires us to carry out additional checks before you can continue to use the Service. You agree to provide us with any information we require to satisfy those checks and any other due diligence that we are required to perform under Applicable Law. To guard against fraud, we may also notify you of one or more Transaction Limit(s) from time to time that you must not exceed without our prior written consent.
1.5 You can access your details of your Transaction Data and other information relating to you and your use of the Service by logging into your Personal Account. You agree that we are not required to send you statements, either in the post or electronically.
1.6 The records kept in the Service shall be conclusive of the facts and matters they purport to record. We reserve the right to correct the balance of your Personal Account if we believe that an administrative error, or an error in billing or accounting has occurred.
2. WMV Transactions
2.1 You can purchase WMV by using one of the payment methods specified in your Personal Account. You acknowledge and agree that your purchase of WMV is a separate transaction from any Payment or Transfer that you make using that WMV.
2.2 When you initiate a Payment or Transfer, and you have a sufficient WMV Balance to fund the Payment or Transfer, we will debit your Personal Account for the amount of the Payment or Transfer and immediately credit that amount to the relevant Business Account or Personal Account (as the case may be).
2.3 When a Consumer or Business initiates a Transfer to your Personal Account, and they have a sufficient WMV Balance to cover that Transfer, we debit that Business Account for the amount of the Transfer and immediately credit that amount of WMV to your Personal Account.
2.4 You may Redeem all or part of your WMV Balance by any of the relevant methods specified on the Service from time to time, which may be subject to you satisfying additional checks that we may be required to make under Applicable Law.
2.5 We may suspend the processing of any Transaction where we reasonably believe the Transaction may be fraudulent, prohibited under Applicable Law or involves any criminal activity. Any Transaction request that we lawfully refuse to process will not be deemed to have been received for purposes of execution times and liability for non-execution or defective execution. We will notify you if we exercise our rights under this Clause, the reasons for doing so and the procedure for rectifying any factual errors that led us to suspend the processing of the Transaction, unless we are prohibited from doing so under the Applicable Law. We may charge you the reasonable costs of any such notification.
2.6 Subject to the provisions limiting our liability under Clause 7 below, in order to reclaim an unauthorised or incorrectly executed Transaction on your Personal Account, you must notify us without undue delay after becoming aware of such a Transaction by email to email@example.com within 13 months after the date of that Transaction.
2.7 You may enquire about the processing of any Transaction by emailing us at firstname.lastname@example.org.
3. Requirements and responsibilities
3.1 Except as expressly provided in this Agreement, each Business shall be solely responsible for all Claims relating to the supply of any goods or services to you by that Business, and it is the Business’s responsibility and not ours, to resolve any Claim.
3.2 We do not control or assume liability for the legality, quality, fitness for purpose or use of the goods and services that are paid for using the Service. We do not guarantee the identity of any Business or Consumer, or that a Business will make any Transfer due and payable to you. However, we may stop, block or suspend any Transaction:
3.2.1 if we believe or suspect that the Transaction is or was not authorized or is unlawful, suspicious, or in breach of this Agreement; or
3.2.2 if the Transaction is reversed by a court, regulatory authority or other third party acting in accordance with Applicable Law.
3.3 We shall be responsible for resolving any Claim by you in relation to your Personal Account, including any Claim in relation to your purchase of WMV from us, our distributors or agents, or your initiation of a Transaction through the Service.
3.4 Without prejudice to any other rights or remedies we may have in respect of:
3.4.1 any costs we reasonably incur in respect of Claims relating to you; and
3.4.2 any amounts reasonably required to cover any sum due to us from you under this Agreement,
we may in our sole and absolute discretion deduct or withhold such sums from, or set- off such sums against, any payment due to you under this Agreement or send you an invoice for any or all such sums, which invoice shall be payable in accordance with its terms.
4. Fees and Taxes
4.1 In consideration of us supplying the Service to you, you shall pay to us the Fees specified in Schedule 2. While VAT does not currently apply to the Service or Fees, the Fees are exclusive of amounts in respect of any VAT that might apply in future, for which you would be liable.
4.2 It is your responsibility to determine what, if any, taxes apply to any purchases you make, or WMV you receive, using the Service, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether any value added tax, sales tax or any other tax applies to your purchases or WMV receipts, or for collecting, reporting or remitting any such taxes.
5. The Security of your Personal Account
5.1 You must take reasonable steps to keep your Account Access Codes safe and prevent fraudulent use of your Personal Account. Those steps include keeping your Account Access Codes confidential and secure from unauthorised individuals; not writing down any item of Personal Data and Account Access Codes together; and taking reasonable care to ensure that you are not observed or overheard when using your Account Access Codes.
5.2 You shall be solely responsible for creating an appropriately strong password within your Account Access Codes and for updating it from time to time.
5.3 You must inform us without undue delay by calling us on telephone number: +84 1900 6474 or email to email@example.com on becoming aware of the loss, theft, misappropriation or unauthorised use of your Account Access Codes or if you believe an unauthorized person knows your Account Access Codes or can use the Service by impersonating you.
5.4 As long as the correct Account Access Codes are entered when your Personal Account is accessed and you have not notified us of a problem with your Account Access Codes under Clause 5.3:
5.4.1 we will assume that you are the person accessing your Personal Account and you will be liable for its use,
5.4.2 you will be responsible for any instruction which we receive and act on, even if it was not given by you; and
5.4.3 we will not be responsible for any unauthorised access to your Personal Account or the information within it.
5.5 Provided that you have not breached the other terms contained in this Clause 5, we will accept liability for any loss or damage to you resulting directly from any unauthorised access to your Personal Account (subject to the limits of our liability in Clause 7 of this Agreement).
5.6 We can refuse to act or process any Transaction if we consider in our sole and absolute discretion that any instruction:
5.6.1 is unclear, was not given by you or might cause us to breach any legal requirement or duty; and/or
5.6.2 we believe your Personal Account or the Service is being used for fraud or any illegal purpose.
5.7 Except as expressly stated in this Agreement, you are solely responsible, for compiling and retaining your own record of all Transactions and other data associated with your use of the Service and your Personal Account. After the termination or expiry of this Agreement, we shall have no obligation to you to operate your Personal Account or retain copies or provide you with access to any data from it.
5.8 You are solely responsible at your own expense for the provision of all equipment, software, systems and telecommunications facilities necessary for you to access, receive and use the Service.
6. Warranties and Representations
You warrant and represent to us that:
(a) all the information that you provide to us is true, complete and accurate and you will keep all such information up to date during the Term;
(b) you have registered for your Personal Account in your own name;
(c) you will only use the Service for your own purposes and not on behalf of any third party;
(d) you will comply with all Applicable Law when using the Service; and
(e) you will not attempt any unauthorized access to or otherwise interfere with the Service or any Personal Account or Business Account.
7. Limitation of Liability
7.1 This Clause 7 sets out the entire liability of each party to the other for any breach of this Agreement and any representation, statement or tortious act or omission (including negligence) by each party arising under or in connection with it.
7.2 In case of an unauthorised Transaction or a Transaction that was incorrectly executed due to an error by us, we shall at your request immediately refund the payment amount including all related Fees, except:
7.2.1 where an unauthorised Transaction arises from your failure to keep your Account Access Codes secure in accordance with Clause 5.1, you shall remain liable for the first €50 EUR unless:
(a) you compromised the security of your Personal Account with intent or gross negligence, in which case you shall be solely liable for all losses;
(b) the unauthorized Payment occurred after you had notified us of the fact that your Account Access Codes had been lost or compromised, in which case we shall remain liable from the date of such notification and refund immediately to you the amount of any subsequent unauthorised Transaction using the compromised Account Access Codes;
7.2.2 if you fail to give us a notice in accordance with Clause 5.3, in which case you shall remain liable for losses incurred up to the time of any later notification to us;
7.2.3 if you fail to notify us that you are disputing an unauthorised or incorrectly executed Transaction within 13 months after the date of that Transaction.
7.3 To the fullest extent permitted by Applicable Law, all warranties, conditions and terms that would otherwise be implied in this Agreement are hereby excluded and we make no representations or warranties, express or implied, with respect to merchantability, fitness for a particular purpose or non-infringement of the Service. We do not warrant or guarantee that the Personal Account or the Service will always be available or operate error-free, or that any errors or omissions in the Service will be corrected.
7.4 Subject to Clause 7.5:
7.4.1 to the extent permitted by Applicable Law, our total liability arising under or in connection with this Agreement, whether arising in contract, negligence or otherwise, shall be limited to an amount equal to the total of (a) your then current WMV Balance and (b) any Fees you have paid to us during the 12 months immediately preceding your Claim;
7.4.2 neither party shall be liable to the other for any loss of profit, goodwill, reputation, business, business opportunity, data, or any special, indirect or consequential damage or loss of any kind whatsoever arising under or in connection with this Agreement; and
7.4.3 Neither party shall be liable to the other as a result of any delay or failure to perform its obligations under this Agreement as a result of an event beyond its reasonable control (“Force Majeure Event”).
7.5 Nothing in this Agreement shall limit or exclude the liability of either party for death or personal injury resulting from its negligence, fraud or any other liability that cannot be excluded under Applicable Law.
8. Cancellation of this Agreement
You may cancel this Agreement within 14 days after the day you agree to it by sending to us an email at firstname.lastname@example.org stating that you wish to do so, in which case Clause 10 applies.
9. Termination of this Agreement
9.1 You may terminate this Agreement at any time by giving us one (1) month’s notice under Clause 15.
9.2 We may terminate this Agreement at any time by giving you two (2) months’ notice under Clause 15.
9.3 We may terminate this Agreement (in whole or in part) immediately by notice in writing if you breach the provisions of Clause 1.1 and/or Clause 5.1 of this Agreement.
9.4 Either party may terminate this Agreement (in whole or in part) immediately by notice in writing if:
9.4.1 the other party is in material breach of any of its obligations under this Agreement and fails to remedy the breach (if capable of remedy) within thirty (30) days after receiving written notice to do so; or
9.4.2 the other party in any jurisdiction enters into, applies for, or calls a meeting of members or creditors to consider a moratorium, administration, liquidation, or composition or arrangement with its creditors; or is the subject of appointment of a receiver, enforcement of security, distress, or execution of a judgment.
9.5 Wherever this Agreement confers a right on us to terminate this Agreement, we may choose to suspend the Service without prior notice to you. Such suspension shall not affect our ability to later terminate the Agreement. We will notify you if we exercise our rights under this Clause, the reasons for doing so and the procedure for rectifying any factual errors that led us to suspend the Service, unless we are prohibited from doing so under the Applicable Law. We may charge you the reasonable costs of any such notification.
9.6 If a Force Majeure Event prevents us from providing any of the Service for more than 4 weeks, we shall, without limiting its other rights or remedies, have the right to terminate this Agreement immediately by giving written notice to you.
9.7 Termination of this Agreement shall not prejudice any of the parties' rights and remedies which have accrued as at the date of termination.
10. Obligations on Cancellation or Termination
10.1 On cancellation, termination or expiry of this Agreement for any reason:
10.1.1 Each party shall pay to the other all amounts owed by it to the other party under or in connection with this Agreement;
10.1.2 we will Redeem any outstanding WMV Balance in accordance with Clause 2.4, subject to Clause 3.4; and
10.1.3 any Clause reasonably intended to survive the termination or expiry of this Agreement shall do so.
11. Intellectual Property Rights
11.1 All Intellectual Property Rights in the Service, as well as the Transaction Data in our computers and systems, shall vest and remain vested in us or our licensors.
11.2 Except as expressly provided in this Agreement, no rights or obligations in respect of a party's Intellectual Property Rights are granted to the other party or are to be implied from this Agreement.
11.3 You must not rent, lease, sublicense, distribute, transfer, copy, reproduce, download, display, translate, reverse engineer, decompile, disassemble, modify or otherwise exploit the Service or information or materials in which the Intellectual Property Rights are owned by us or a Business.
11.4 To the extent that the Service includes any software, computer program or code, including any application programming interfaces (“Software”), you agree:
11.4.1 not to copy or otherwise reproduce Software except where such copying is incidental to the use of Software in accordance with this Agreement, or where necessary for the purpose of back up or operational security;
11.4.2 not to sublicense, translate, merge, adapt, vary or modify Software, or any part of it;
11.4.3 not to make alterations to, or modifications of, Software or any part of it, or permit Software or any part of it, to be combined with, or become incorporated in, any other materials, programs or software;
11.4.4 not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of Software or attempt to do any such thing except to the extent that such actions cannot be prohibited under Applicable Law.
12. Complaints Handling
12.1 If you wish to make a complaint about the Service, you can email us at email@example.com, with brief details of your complaint and the email address associated with your Personal Account.
12.2 We will acknowledge your complaint by email within 1 business day, then investigate and send you an initial response within five business days. If the complaint is not resolved by the end of the business day after the complaint is received, we will send you a copy of this complaints handling procedure.
12.3 If you are not satisfied by our response, you can email us at firstname.lastname@example.org, enclosing the responses already given to you. That email will then be referred to our Managing Director for a final response within five business days.
12.4 Within four weeks after receiving a complaint, we will send you either a final response or a response which explains why we are not in a position to resolve the complaint and indicates when we will make further contact.
12.5 A complaint about any regulated aspect of the Service that we cannot settle within 8 weeks after the date of complaint may be you need meet us in address: Vietnam Online JSC, 201A Nam Ky Khoi Nghia street, ward 7, dist.3, Hochiminh city, Vietnam.
13. Assignment and Sub-contracting**
13.1 You may not assign or transfer or sub-contract any of your rights, benefits or obligations under this Agreement.
13.2 We may assign and transfer its rights and obligations under this Agreement to:
13.2.1 any person to which we transfer the part of our business to which this Agreement relates; and
13.2.2 we may sub-contract the performance of any of our obligations under this Agreement to any party subject to compliance with Applicable Law.
13.3 If we assign or transfer any of our rights or obligations under this Agreement, we will promptly notify you.
14. Governing law
This Agreement shall be governed by, and construed in accordance with Vietnam law. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to the non-exclusive jurisdiction of the courts of Vietnam.
15. Notices and communication
This contract is in Vietnamese and we shall communicate with you in Vietnamese. Any translation into another language shall be for information purposes only and for the purpose of the interpretation of this Agreement the Vietnamese language version shall prevail. Any notice or other communication required to be given to a party under or in connection with this Agreement shall be sent:
(a) to us by e-mail at email@example.com; or
(b) to you via your Personal Account or by email to the address given by you in your Personal Account.
Any notice or other communication shall be deemed to have been duly received the next Business Day following the notice being communicated.
A waiver of any right under this Agreement is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Unless specifically provided otherwise, rights arising under this Agreement are cumulative and do not exclude rights provided under Applicable Law.
17. Execution of the contract
If a court or any other competent authority finds that any provision of this Agreement is invalid, illegal or unenforceable, that provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of this Agreement shall not be affected. If any invalid, unenforceable or illegal provision of this Agreement would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
18. No partnership
Nothing in this Agreement is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
19. Third parties
This Agreement is not intended to confer any benefit on any person who is not a party to it. And a person who is not a party to this Agreement has no right under the Agreements to enforce any terms of this Agreement.
In this Agreement:
Account Access Codes - password, log-in details and other access codes and any security information relating to your Personal Account;
Applicable Law - means the Electronic Money Regulations 2011, the Payment Services Regulations 2009, the Money Laundering Regulations 2007 and any other statute, regulation and related guidance that applies to the Service or the activities or transactions in connection with which the Service is used;
Business - means a person or other legal entity which is permitted to accept WMV as payment for the supply of its goods or services;
Business Account - means a Business’s WMV account in our systems;
Business Day - means any day other than a Saturday or a Sunday or a public or bank holiday in England;
Claims - means complaints, disputes, actions, demands, claims, proceedings, losses, damages or other liability of any kind;
Consumer - means an individual we have registered for a Personal Account; electronic money has the meaning given to it in the Electronic Money Regulations 2011;
Fees - means the fees and charges (if any) listed in Schedule 2;
Intellectual Property Rights - means patents, trademarks, service marks, logos, trade names, internet domain names, copyright (including rights in computer software) and moral rights, database rights, semi-conductor topography rights, utility models, rights in designs, rights in get-up, rights in inventions, rights in know-how and other intellectual property rights, in each case whether registered or unregistered, and all rights or forms of protection having equivalent or similar effect anywhere in the world and registered includes registrations and applications for registration;
Personal Account - means a WMV account in our systems that is one of those listed as available to a Consumer in Schedule 1;
Personal Data - has the meaning given to it in the Data Protection Act 1998;
Service - means the service described in Clause 1.1;
Transaction - means a Payment, Transfer or a Redemption as defined in Clause 1;
Transaction Data - means the data relating to each Transaction;
Transaction Limit - means a limit on the type or volumes of Transactions that may be entered into using the Service, for example, a maximum total value of all Transactions in respect of any specified period of time or a monetary limit (of which we notify you) above which you must obtain our authorisation prior to completing a Transaction - for current Transaction Limits see Schedule 1 of this Agreement;
WMV - means electronic money issued by us, tương đương Viet Nam Dong, rate: 1 WMV=1VND;
WMV Balance - means the current balance of WMV in your Personal Account;
WMV Customer Funds Account - means one or more segregated bank accounts in which the funds corresponding to the balance of WMV in your Personal Account will be held by us separately from our own funds in accordance with the provisions of the Electronic Money Regulations 2011;
WebMoney Vietnam - means Viet Nam online Service Trade Joint Stock Company, a company incorporated in Vietnam (Registration No.: 0310151739). Located at: 5A Phan Ke Binh str., Dakao Ward, Dist. 1, HCMC, Vietnam. WebMoney Vietnam is authorised by The State Bank of Viet Nam (License No.: 23/GP_NHNN, dated: 30 Oct 2015) for Intermediary Payment Service is E-wallet.
Transaction Limits & Required Documents
1. It is not required to submit identity documents during one calendar year to all WMV purses registered to one WM Passport if the limit are:
- Maximum balance: 20.000.000 WMV
- Total of turnover: 20.000.000 WMV
- Total of deposits: 20.000.000 WMV
- Total of transfer: 20.000.000 WMV
2. If the total the value of all transactions made to WMV purse exceed 20.000.000 WMV and during one calendar year, it is necessary to submit the following documents
- His/her full name;
- Full residential address;
- A valid national passport (Identity card or Passport: number; date and place of issue);
- Bank account number;
- The name of bank and branch where your bank account was opened;
- Submit scanned copies or photo of a valid national passport;
- If the total of turnover is not exceed 500.000.000 WMV (Five hundred millions) during one calendar year, WMV purse holder do not required to confirm the personal information again
- If the total of turnover exceed 500.000.000 WMV during one calendar year, WMV purse holder is required to confirm the personal information again, it is necessary to submit the following documents:
+ A document confirming your current place of residence
+ Other documents (if any)
- If the total of turnover made to all WMV purses belonging to one passport exceed 1.000.000.000 WMV during one calendar year, it is necessary to submit:
+ The bank statement or other documents confirming the source of funds at least is 70%/the amount of turnover;
+ Other documents (if any)