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Latest updated: 20 February 2021
1.3. ETOK IS A TECHNOLOGY COMPANY WHICH PROVIDES A PLATFORM FOR USERS TO OBTAIN SERVICES PROVIDED BY THIRD PARTY PROVIDERS. ETOK’S ROLE IS MERELY TO LINK THE USER WITH SUCH THIRD-PARTY PROVIDER. ETOK IS NOT RESPONSIBLE FOR THE ACTS AND/OR OMISSIONS OF ANY THIRD-PARTY PROVIDER, AND ANY LIABILITY IN RELATION TO SUCH SERVICES SHALL BE BORNE BY THE THIRD-PARTY PROVIDER. THIRD PARTY PROVIDERS SHALL NOT REPRESENT TO BE AN AGENT, EMPLOYEE OR STAFF OF ETOK AND THE SOLUTIONS PROVIDED BY THIRD PARTY PROVIDERS SHALL NOT BE DEEMED TO BE PROVIDED BY ETOK.
2.1. “Application” means the relevant web application made available for download by ETOK to Users and Third-Party Providers respectively;
2.2. “ETOK” means WEECOSOLUTIONS Co. Ltd. and its located office at 6 th Floor, Yoco Building, No. 41 Nguyen Thi Minh Khai street, District 1, Ho Chi Minh city, Vietnam.
2.3. “ETOK Policies” means the following:
2.3.2. the ETOK Partner Code of Conduct or the ETOK Customer Code of Conduct, as may be applicable; and
2.3.3. all other forms, policies, notices, guidelines, frequently asked questions (FAQs), or agreements provided to or entered into by you from time to time;
2.4. “Personal Data” is any information which can be used to identify you or from which you are identifiable. This includes but is not limited to your name, nationality, telephone number, bank and credit card details, personal interests, email address, your image, government-issued identification numbers, biometric data, race, date of birth, marital status, religion, health information, vehicle and insurance information;
2.5. “Platform” means the relevant ETOK technology platform, portal or website that, when used in conjunction with the Application, enables Users to request or access Solutions;
2.7. “Service” means the linking of Users to Third Party Providers through the Application, Platform and/or Software;
2.8.“Software” means any software associated with the Application which is supplied made available for download and installation by ETOK;
2.9. “Solutions” means the tutorial services and/or supporting services which are made available to Users through the Service (each a “Solution”)
2.10. “Third Party Provider” means the independent third parties who provide the Solutions to Users through the Service, including tutors, teachers, other partners and even third-party merchants;
2.11. “User” means any person who uses the Application, Platform and/or Software to search for and obtain the Solutions;
2.12. “User Charges” shall mean charges incurred by Users for the Solutions obtained through the use of the Service, including any applicable tolls, taxes and any other fees or charges that may be due for a particular use of the Service or Solutions.
2.13. “ETOK booking” shall mean all the booking placed by User via a web-page which is developed and provided by ETOK, as may be updated by ETOK from time to time
3.1. By using the Service, you represent, warrant/undertake that:
3.1.1. You have legal capacity to enter into the Agreement and that you are at least eighteen (18) years old. You cannot enter into the Agreement if you are below eighteen (18) years old;
3.1.2. All the information which you provide shall be true and accurate;
3.1.3. You will only use the Application, Platform and Service for their intended and lawful purposes;
3.1.4. You will keep your account password or any identification we provide you which allows access to the Service secure and confidential;
3.1.5. You agree to notify us immediately of any unauthorized use of your account or any other breach of security;
3.1.6. You will not try to interrupt or harm the Service, Application and/or the Software in any way;
3.1.7. You will not attempt to commercially exploit any part of the Application without our permission, including without limitation modify any of the Application’s content in any way, or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose without our permission;
3.1.8. You will not authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity;
3.1.9. You will provide us identification information such as full name, address, phone number, email, bank account, etc. or any other documents, permits, licenses or approvals which we may reasonably request or require, in accordance with prevailing regulations or upon specific request of competent authorities, to provide the Service;
3.1.10. You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;
3.1.11. You will not use the Application and/or the Software to cause nuisance or behave in an inappropriate or disrespectful manner towards ETOK or any third party;
3.1.12. When using the Service, you agree to comply with all laws applicable to you and/or your use of the Service;
3.1.13. You will not copy, or distribute the Software or other content without written permission from ETOK;
3.1.14. You will provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of the Agreement. You agree that ETOK may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, ETOK has the right but not the obligation to terminate this Agreement and your use of the Service at any time with a notice sent to you through the Application or your registered phone number or email address;
3.1.15. You will only use an access point or data account which you are authorized to use;
3.1.16. You agree that the Service may be affected by external infrastructure (internet, peak time, weather conditions, ect.) potentially cause stable quality of services. The company shall provide on a reasonable effort basis;
3.1.18. You agree to assist ETOK with any internal or external investigations as may be required by ETOK in complying with any prevailing laws or regulations in place; and
3.1.19. You agree to assume full responsibility and liability for all loss or damage suffered by yourself, ETOK or any other party as a result of your breach of this Agreement without the fault of ETOK or Third-Party Provider.
3.1.20. You will not utilize modified devices or applications with the intent of evading detections or facilitating any activities intended to defraud ETOK or to disrupt the natural functions of the Application.
3.2. If you are a Third-Party Provider, you further represent, warrant / undertake that:
3.2.1. If applicable, you possess a valid license and are authorized to provide services to third parties in the jurisdiction in which you use the Service;
3.2.2. You shall not contact Users for purposes other than in connection with the Service;
3.2.3. You are aware that when responding to Users, standard telecommunication charges may apply which shall be solely borne by you;
3.2.5. If you are required to and do sign up for an account on behalf of your employer, your employer shall be the owner of the account, and you represent and warrant that you have the authority to bind your employer to the Agreement;
3.3. If you are a User, you further represent, warrant / undertake that:
3.3.1. You will comply with the ETOK Policies;
3.3.2. You will not use the Application, Platform and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings;
3.3.3. You shall not contact the Third-Party Provider for purposes other than the Service or perform the consumer complaint right according to the provisions of law;
3.3.4. You shall not intentionally or unintentionally cause or attempt to cause damage to the Third-Party Provider
3.3.5. Where applicable, you will not copy any content displayed through the Application or Platform, including any third-party product content and reviews, for republication in any format or media;
3.3.6. You agree that ETOK may, based on its sole discretion, consider an account to be dormant if there has been no transaction made by you on your user account for a period of six (6) months from the last date of transaction and deactivate or restrict access to your user account.
4.1. For Third Party Providers:
4.1.1. The fees which you pay ETOK for the Service are due immediately and are non-refundable (“Service Fee “). Subject to any limit stipulated by the applicable law, the Service Fee shall be a percentage of the User Charges, as determined by ETOK from time to time. This no-refund policy shall apply at all times regardless of your decision to terminate your access to the Application / Platform, our decision to terminate or suspend your access to the Application / Platform, disruption caused to the Service whether planned, accidental or intentional, or any reason whatsoever.
4.1.2. You acknowledge that the total amount of User Charges paid to you by Users includes the Service Fee, which you collect on behalf of ETOK.
4.1.3. ETOK may, at its sole discretion, make promotional offers with different features and different rates on the Solutions to any of the Users whereby these promotional offers shall accordingly be honored by you. ETOK may change the Service Fee at any time at its sole discretion.
Payment by Users
4.1.4. Users may pay for your provision of the Solution immediately upon completion of or confirmation of a booking for a Solution, as the case may be, by cash or cashless method(s) such as by credit or debit card (“Card”). All payments due to you for your services, including tips (where applicable), will be channelled to you in the agreed quantum in due course.
4.1.5. ETOK retains the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where your and/or the User breached any terms in this Agreement. In such an event, you shall not hold ETOK liable for any withholding of, delay in, suspension, forfeiture or cancellation of, any payment to you.
4.2. For Users:
4.2.1. Once you have completed using the Service, you are required to make payment in full to the Third-Party Provider by selecting one of the payment methods available to you on the Application. Any payment pursuant to such selection will be automatic and is non-refundable.
4.2.2. You may choose to pay the Third-Party Provider for the provision of the Solution by cash or where available, by credit or debit card (“Card”) or any other payment method available in the Application.
4.2.3. If you choose to make payment by Card, you will need to register a valid Card which belongs to you in accordance with the instructions in the Application.
4.2.4. You agree that ETOK may verify and authorize your Card details when you first register the Card with us as well as when you use the Service.
4.2.5. In the event your payment by your Card is processed overseas, you will be liable for any additional charges in relation thereto.
4.2.6. ETOK may suspend the processing of any transaction or disable or limit the use of the Card in the event of any error in transaction which results in decline or chargeback from the financial institution or where ETOK reasonably believes that the Card has been used for a transaction that may be fraudulent, illegal or involves any criminal activity or where ETOK reasonably believes you to be in breach of this Agreement.
4.2.7. You agree that you will cooperate in relation to any financial crime screening that is required and to assist ETOK in complying with any prevailing laws or regulations in place.
4.2.8. You shall be responsible to resolve any disputes with your Card company on your own.
5.Promotional Program for Users
6.1. Users and Third-Party Providers may be allowed to rate each other in respect of Solutions provided.
6.2. Every rating will be automatically logged onto ETOK’s system and ETOK may analyze all ratings received.
8.1. You agree that this Agreement is subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be applicable from time to time. You shall comply with all applicable laws and take all steps required to enable, assist and/or defend ETOK to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service.
8.2. If you are a Third-Party Provider, you are accountable for paying any tax and statutory contributions due in respect of sums payable to you under or in connection with this Agreement.
9.1. You shall maintain in confidence all information and data relating to ETOK, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of ETOK (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from ETOK, or any of its affiliate companies, or created in the course of this Agreement. You shall further ensure that you only use such confidential information in order to use the Service, and shall not without ETOK’s prior written consent, disclose such information to any third party nor use it for any other purpose.
9.2. The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:
9.2.1. was at the time of receipt already in your possession;
9.2.2. is, or becomes in the future, public knowledge through no fault or omission on your part;
9.2.3. was received from a third party having the right to disclose it; or
9.2.4. is required to be disclosed by law.
10.3. You acknowledge that ETOK may disclose Personal Data of other individuals to you in the course of your use of ETOK’s Services. You represent and warrant that you will only use such Personal Data for the purpose for which it was disclosed to you by ETOK, and not for any other unauthorized purposes.
11.3. We may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties (“Third Party Links “). Such Third-Party Links are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the content, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.
ETOK makes no representation or warranty of any kind whatsoever, express or implied, in respect of Solutions provided by Third Party Providers or any Solutions procured through the use of the Service. You agree that you shall bear all risk arising out of your use of the Service and any Solution provided by Third Party Providers and shall have no recourse to ETOK in respect of the same.
THE SERVICE, PLATFORM, APPLICATION AND/OR THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED BY YOU OR THE THIRD-PARTY PROVIDER BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. ETOK IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.
15.Limitation of Liability
15.1. UNLESS OTHERWISE STATED, AND TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIMS AGAINST ETOK BY YOU SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF ALL AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN UTILISING THE SERVICE DURING THE EVENT GIVING RISE TO SUCH CLAIMS. ETOK AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY OR CAUSED TO YOU OR TO ANY PERSON FOR WHOM YOU HAVE BOOKED THE SERVICE, INCLUDING BUT NOT LIMITED TO:
15.1.1. LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, THE PLATFORM, APPLICATION AND/OR THE SOFTWARE;
15.1.2. THE USE OR INABILITY TO USE THE SERVICE, THE PLATFORM, APPLICATION AND/OR THE SOFTWARE;
15.1.3. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING; OR
15.1.4. AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDER, MERCHANT, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED TO BY THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE, EVEN IF ETOK AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15.2. ETOK WILL NOT BE A PARTY TO DISPUTES, OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND THIRD-PARTY PROVIDERS INCLUDING THIRD PARTY PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS. UNLESS YOU ARE A CORPORATE CUSTOMER WITH A CURRENT CORPORATE ACCOUNT WITH ETOK, ETOK CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE THIRD-PARTY PROVIDERS, INCLUDING THIRD PARTY PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES AND PRODUCTS OFFERED VIA THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH AND ON YOU. YOU EXPRESSLY WAIVE AND RELEASE ETOK FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION, OR IN ANY WAY RELATED TO THE THIRD PARTIES INCLUDING THIRD PARTY PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS INTRODUCED TO YOU BY THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION.
16.1. Provide the Service according to the Operational Regulation registered with the competent authority;
16.2. Comply with legal regulations on e-commerce;
16.3. Provide invoices via User’s email address after each trip;
16.4. Use User’s Personal Data only for the purposes specified in this Agreement. For the other purposes, ETOK must obtain User’s approval before disclosing, sharing or transferring such data to any third parties;
16.5. Store and keep User’s Personal Data until receipt of cancellation request from User;
16.7. Coordinate with the Third-Party Service Provider to resolve User complaints regarding and delivery services provided through the Application;
16.8. Build up a 24/7 customer care system, diversify interactive channels including calling support from ETOK Hotline, submitting support request via in-app Help Center, ETOK’s official Facebook, through the Application and/ or other forms to receive and process User complaints, reflections and suggestions quickly and promptly;
16.9. Respect and seriously implement regulations on consumer protection and protection of Personal Data;
16.10. In the event that the server hosting the information being attacked by the hacker leads to the loss of personal data of User, ETOK shall promptly report to the competent authorities, support the investigation and inform to all User;
16.11. Perform ETOK’s tax, financial and other obligations in accordance with the applicable law; and
16.12. Other obligations as prescribed by law.
17.1. ETOK may give notice through the Application, electronic mail to your email address in the records of ETOK, or by written communication sent by registered mail or pre-paid post to your address in the record of ETOK. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to ETOK (such notice shall be deemed given when received by ETOK) by letter sent by courier or registered mail to ETOK using the contact details as provided in the Application.
19.2. Notwithstanding anything in the contrary, any complaints between Third Party Providers and Users must be taken up with each other directly.
This Agreement comprises the entire agreement between you and ETOK and supersedes any prior or contemporaneous negotiations or discussions.
24.1. You agree that we may do any of the following, at any time by giving you a notice through the Application or your registered email address: (i) to modify, suspend or terminate operation of or access to the Application, or any portion of the Application (including access to your Account and/or the availability of any products or services), for any reason; (ii) to modify or change any applicable policies or terms; and (ii) to interrupt the operation of the Application or any portion of the Application (including access to your Account and/or the availability of any products or services), as necessary to perform routine or non-routine maintenance, error correction, or other changes.
25.No Third-Party Rights