IV. Terms and conditions on using the service of Digital banking

Article 1. The Member using the service of Digital banking

For services provided by VPBank Timo via Timo application (commonly called service of Digital banking), the Member commits as follows:

1. To provide fully, exactly personal details, papers, signature and other information where required and in accordance with the law when the Member performs requirements related to service of Digital banking.
2. The transactions of Digital banking may have some certain risks on confidentiality, continuity, problems on transmission line, power, internet, equipment, virus, technical errors, mistakes or frauds and other risks, etc. The Member confirms to have evaluation and full awareness on risks possibly incurred. The Member accepts to perform transactions and agree to exempt from legal liabilities and compensation to VPBank Timo for any risks incurred. The Member acknowledges that at some certain times, the Member may not access, use and perform some or all services provided by VPBank Timo due to system maintenance, problems on transmission line or for some other reasons, including but not limited by Force majeure events, namely fire, flood, earthquake, tsunami, war, riot, etc. or other restrictions by the competent State authorities without giving any claims.
3. To assume self-liability for use and management, security of user name, password, OTP code and other information related to the use right of service of Digital banking of the Member.
4. To take unconditional responsibilities for transactions made by user name, password, OTP code provided by VPBank to the Member, for any damages incurred due to disclosure, thief, taking advantage of user name, password, and OTP code for any reasons.
5. To assume self-liability for information and payment contents of the Member via application. The payment content shall not be against the law, morality, and fine custom. In case of finding out deviations of information, payment or legal violations in using the application, the Member shall give immediate notice to VPBank Timo.VPBank Timo assumes no liabilities for transactions performed prior to receiving the Member’s notice on deviations of information, payment or legal violations.
6. Not to give any claims, complaints in case VPBank Timo terminates/refuse/suspend the application supply to the Member due to the fault of Member or VPBank Timo unilaterally considers to terminate service supply, including but not limited the following cases: (i) the Member violates regulations set forth at this Contract; provisions, terms, conditions of VPBank Timo and (or) of the law on service use, (ii) under the decision, request of the law or competent authorities, (iii) cases in regard of forgery, risk or fraud, (iv) evidence on suspicion on money laundering of the Member, (v) when having problems due to force majeure events, beyond the control of VPBank Timo.
7. To perform the Member’s obligations under the regulations on using service of Digital banking of VPBank Timo and of relevant law.
8. To commit to read, understands and agree with the Fee schedule and current regulations on using service of Digital banking of VPBank Timo, and commits compliance with these regulations and authorizes VPBank Timo automatically extract his/her spend account at VPBank Timo to pay expenses related to use of service of VPBank Timo.
9. To perform carefully transactions, ensure the transaction made correctly and fully, check all information, data prior to sending order to VPBank Timo. VPBank Timo shall not assume liability for information handled by VPBank Timo from the system.
10. To perform transactions within specified limit by VPBank Timo and always ensure enough balance at the spend account when VPBank Timo handles remittance transactions. VPBank Timo assumes no liability for transactions not handled since the Member has no balance enough at the spend account or exceeds the limit.
11. The Member shall immediately notify to VPBank Timo (by calling to VPBank Timo Care or directly at VPBank Timo Hangout) when detecting or suspecting authorized access, disclosure of electronic signature, user name, other forged signs, frauds.
12. Any orders/transactions performed, recognized and stored on VPBank Timo’s system are deemed to be valid and bound to the Member after VPBank Timo checks reality of orders/transactions via user name, password, OTP code and/or other identifications. Documents, papers, data related to service supply and/or transactions between VPBank Timo and the Member, data recorded, confirmed and stored by VPBank Timo’s system are evidences on transactions of the Member with VPBank Timo and have legal validity. The transaction orders shall be attached to original documents in accordance with the law or of VPBank Timo, the transaction orders shall only become effective and enforceable when VPBank Timo fully receives the attached original documents.
13. Not to give any claims, complaints in case VPBank Timo terminates service supply to the Member due to the fault incurred by the Member or VPBank Timo unilaterally considers to terminate service supply.
14. The Member agrees to receive messages/email from VPBank Timo to receive OTP; notice on products, services, promotional programs of VPBank Timo; notice on transactions/value of transactions performed/notice on fluctuation of account balance/deposit, etc. and other notices serving performance of service, transaction to the Member. The Member agrees that VPBank Timo is entitled to regulate the value of transaction/ fluctuation of account balance/deposit, etc. sent message, and email by VPBank Timo to the Member. Value of transaction/ fluctuation of account balance/deposit, etc. are published by VPBank Timo on the official website from time to time.
15. To carry out the Member’s obligations under the regulations on service use by VPBank Timo and of the relevant law.
16. When registering the open of account with VPBank Timo, the Member will be activated the service of Digital banking of VPBank Timo on mobile phone and website. The use of VPBank Timo’s account and Digital banking is an integral part and the Member shall not terminate the use of this service without termination of other service. The user and password selected by the Member at the time of opening account are the login details to the service of Digital banking of VPBank Timo. The user shall be kept during the process of service use.
17. When participating the Digital banking, the Member commits to perform fully procedures on electronic transactions stipulated by VPBank Timo.
18. The Member agrees that all transactions of Digital banking shall be made on basis of using the Member’s electronic signature. Parties agree that the Member’s electronic signature is identified, authenticated via Timo application of VPBank Timo or other systems designated by VPBank Timo. Any actions for purpose of making, performance of transactions of Digital banking (such as login by user, password; selecting acceptance/continuation on the system; entering OTP code; sending message by syntax from phone number registered with VPBank Timo; calling by phone number registered with VPBank Timo ….) are deemed the Member to use the electronic signature to sign electronic documents with VPBank Timo. Notwithstanding other provisions of the Terms & Conditions, the Member understands and agrees when the Member uses service of Digital banking, any Security elements, upon being confirmed by VPBank Timo’s system to be eligible shall be deemed to be the Member’s electronic signature and show the Member’s agreement, acceptance for the transaction of Digital banking that the Member participates.
19. The Member’s electronic signature prepared, authenticated under regulations of the Terms & Conditions has legal validity as the Member’s signature on written documents and proves the Member’s agreement, acceptance for the electronic documents signed. The Member is entitled and bound by obligations with VPBank Timo as stipulated by the corresponding electronic documents, provisions of the Terms & Conditions, of VPBank Timo and of the law.
20. Depending on each service of Digital banking that the Member uses and transactions of Digital banking that the Member participates, the Member confirms and agrees that the method of sending, receiving electronic documents between the Member and VPBank Timo shall be basically performed as follows:
21. The Member uses the electronic equipment to access to Timo application of VPBank Timo (via login website and/or application software of VPBank Timo; sending message, calling, email to Timo Care of VPBank Timo or using other means, methods to access the portal supplying service of Digital banking of VPBank Timo) so as to initialize transaction, make registration of use or request service supply (Online directive).
22. Depending on each service, transaction that the Member request, the Digital banking system of VPBank Timo will perform Confirmation manner as stipulated by VPBank Timo to confirm the Member and/or direct or request the Member to carry out actions on transaction confirmation before making transaction to the Member.
23. The Member shall perform actions under the request, direction to fulfill transaction that the Member requests VPBank Timo to perform.
24. The Member confirms to agree with delivery and receipt methods of electronic documents as state at this Item and commits binding with all electronic documents, transactions of Digital banking performed by these methods.

Article 2. VPBank Timo supplies the service of Digital banking

When supplying the service of Digital banking, VPBank Timo commits as follows:

1. To comply with regulations on electronic transactions of the State bank of Vietnam and of the law.
2. To ensure the time of supplying service via application to the Member 24 (twenty-four) hours per day and 07 (seven) days per week except for cases as state at Clause 10.2 and6 Article 10 of this Agreement.
3. To keep information in regard of account, transactions of the Member in accordance with the laws; not to sell, disclose, publish the Member’s details unless this supply shall be performed at the request of competent State authorities and of the law.
4. To perform fully terms and conditions within scope of VPBank Timo’s liabilities set forth at this Agreement.
5. To receive and handle tracer request, claims from the Member in regard of the service of VPBank Timo.
6. To commit to recover the system upon having problems as prescribed by the bank from time to time.
7. To respect rights and benefits of the Member under this Agreement.
8. To provide fully information on rights and obligations of the Client prior to registration of VPBank Tim’s service.
9. To guarantee principles on supply of banking service via Internet (confidentiality, availability, integrality, reality of client and transaction, protection for the Member) as stipulated by the State Bank from time to time.