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TERMS AND CONDITIONS

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TERMS AND CONDITIONS

These terms and conditions are the agreement on the relationship and responsibility of the Yuanta Securities Vietnam Limited Company (the Company) and Client in providing and using the information and services on the Online trading platforms or other websites officially announced by the Company

I. Terms Definitions
1. “Online Trading” is the transactions related to stocks, money in the Client’s stock trading account opened at the Company, which are performed in accordance with the Services; and through electronic means including without limitation of telephone, fax, internet, SMS messages, email, web-chat and other electronic means.

2. “Online Trading Service” is the services provided by the Company from time to time for the purpose to trade online of clients.

3. “System” is the system built by the Company to conduct online transactions including websites, software programs, utilities and applications installed at the domain name either *.yuanta.com.vn (YSwinner, YSflex,…) or other domain names are posted on the Company’s website and/ or other official facilities.

4. “Logging password” is the password to identify client when they access the system.

5. “Trading password” is the password used to confirm again before making an online transaction. Trading password is independent of login password and exists in two forms:

  • One-time password (OTP): valid for only one transaction at one certain time for a certain client; and will expire automatically within a defined period of time.
  • Dynamic PIN: Valid until a new dynamic password is generated

6. “Electronic record” is data related to performance of Client’s stocks, money transactions, which is created, generated, received and stored when Online Trading service is used and/or performed Online Trading Service.

7. “Force majeure” means any events including any acts or restrictions of the Government or civil authorities, riots, wars, civil commotions, insurrections, strikes, other labor controversy and other work stagnations, deactivated or prevented utilities, epidemic diseases, fires, floods, earthquakes, tsunamis or natural disasters, and other events beyond the control of the two parties otherwise unavoidable, which prevent any party or both parties from fulfillment of all or part of these terms.

II. Risks arise from Online Trading
1. Use of the Online Trading Service and / or the execution of online transactions always encountered potential risks due to the fault of the System or any other third party. Client undertakes to accept all risks, losses or damages arising out of the use of the Online Trading Service and / or the execution of Online Trading due to system failures, faults of any third party or due to the actions and manipulations of Client that affect the use of the Online Trading Service and / or the conduct of Online Trading.
III. Time of operating Online Trade Service
1. The Company provides Online Trading Service continuously except for holidays or occasions informed by the Company.

2. The time of Online Trading Service related to the purchase / sale / cancellation of securities shall be in accordance with the regulations of the Stock Exchanges. Ho Chi Minh / Hanoi Stock Exchange from time to time.

3. The time for suspending the Online Trading Service due to amendments, maintenances or upgrades of the System or upon request of a competent state agency shall be notified in advance on the Company’s website.

IV. Client Commitment
1. Have read, understood and strictly adhered to the instructions for using the Online Trading Service and / or performing online transactions provided by the Company to the Client or made public on the Company’s website. You. The Company is not responsible for any online transactions that are not performed for any reason or for any damages incurred by Client failing to comply with the Company’s instructions.

2. Transaction password is considered to represent the signature of the client (“Electronic signature”) and electronic vouchers which are initialized and sent by the Client with the legal transaction password of the Client. Orders placed directly and validly at the Company’s counter;

3. Agree that any access / transaction to / on the Client’s securities trading account by username with the correct Login Password and Transaction Password or other identifying factors is made by the Company. Client provides the Client is considered Client access;

4. Providing full / timely registration of information relating to the Client and promptly informing the Company of any change in such information that is responsible for the information provided. The change is only effective after the Client has received a written confirmation from the Company.

5. Accept that any exchange sent to or sent from an email address, telephone, fax or other electronic means that Client has registered for the Company is automatically deemed to be sent to or from Client.

6. Full payment of service fees and other fees as may be specified and publicly disclosed by the Company from time to time.

7. Acknowledge and agree to the risks that may arise from the Online Transactions and / or Risk Disclosure provided by the Company to the Client or published on the Company’s website.

8. When signing or authorizing another person to conduct online trading on his / her trading account, he / she implicitly acknowledges that he / she has deliberated this authorization decision and is fully responsible for Online transactions made by the authorized person.

9. Responsible for all reasonable measures to ensure the safety, compatibility of equipment, connecting equipment, system software, application software … used by clients. By connecting, accessing the System to control, prevent and prevent the unauthorized use or access of the Online Trading Service.

10. Agree to authorize the Company to automatically debit Client’s securities transaction accounts for payment of Service Fees and / or other fees as required by the Company in connection with the use of the Service. Online Trading and / or Performing Online Trading of Clients.

V. The Company Commitment
1. The Company does not have any commitment, guarantee or prioritized transfer and successful implementation of Online Trading of any Client using the Online Trading Service and / or implementing the Online Trading Online.

2. For online transactions in which the Company is aware of any suspicious, abnormal or invalid signs, the Company may refuse to perform or must verify or re-examine When conducting.

3. Manage information relating to the performance of Client transactions in accordance with applicable laws.

4. Providing, guiding and assisting the Client to use the Online Trading Services and / or performing Online Trading, publicizing applicable fee schedules.

5. Prior to Client in the event of termination, suspension, alteration / modification / replacement of part or whole of the Online Trading Service; Change these terms in accordance with the law.

6. Guiding and supporting technical issues arising when Client uses the Online Trading Service and / or performs Online Trading. Regularly update the new version of the System to Client (if applicable).

7. Store e-Statements related to Client’s Online Trading in accordance with applicable laws and ensure that such evidence is accessible and used for reference when necessary.

8. Immediately notify the Company’s website and notify it at the order entry points, transaction offices, branches and corporate offices, and make the best efforts at the earliest possible time to correct the problem, transmission error or system error resulting in Online Trading can not be performed so that clients can timely conduct securities transactions through trading staff or agents of the Company.

9. Compensation for damage caused by the fault of the company in accordance with the law.

Disclaimer

The Company is not responsible for any errors or damages arising from:

1. Delay or mistaken or inaccurate in providing information from client, which leads to the failure to use the Online Trading Service and / or perform transaction via Online Trading since detection of the problem is not more than 24 hours.

2. Errors / Failure of any third party, including its partners in providing the Online Trading Service.

3. The failure of the System or any related technical means to cause the System to refuse to perform Client’s requests via Online Trading for any reason.

4. The Company delay or fail its obligation to execute Client’s request in accordance with terms and conditions of using Online Trading Service due to mechanical problems, data processing, information telecommunications, natural disasters or any other matter beyond the control of the Company or as a consequence of fraud or counterfeit of any third party.

5. Use / access to Online Trading Services information and / or perform Online Trading transaction by authorized person by Client’s consent.

6. The loss / misplaced / stolen / disclosure of your username, login password, transaction PIN, and / or other identifying factors provided by the Company’s Online Trading Services to client, which results in unauthorized use of these information by others to perform online transactions

The Company is not responsible for the failure of Client to receive information due to:Client’s email does not receive the message for any reason; or the Company can not contact Client by any method registered with the Company.

VII. Policy for suspending Online Trading Services And / or Perform Online Transactions
1. Clients completing procedures to close stock trading accounts at the Company.

2. The two parties agree to terminate the Agreement on the provision of Online Trading Services.

3. Client requests to terminate the Online Trading Service Agreement. In this case, Client must submit a written termination notice to the Company no later than two (02) working days prior to the date of termination.

4. The client breaches its obligations, performs prohibited activities in accordance with the law on stock exchange market.

5. Individuals, who die, lose their ability to behave, subject to criminal prosecution, or corporate clients who are acquired, dissolved, bankrupted, merged, split, etc.

6. The Company notifies the Client in advance suspended of use and/or termination Online Trading Service Agreement at any time without the consent of the Client.

VIII. General Terms and Conditions
1. The Client’s registration and use of the Online Trading Service does not exempt the rights and obligations of the Client as stipulated in the Securities Trading Account Opening Contract, the related commitments signed by the Client with the Company and / or the terms and conditions of the specific transaction that the Company has guided or is publicly disclosed to Client.

2. The registration of the Online Trading Service does not exclude the right of the Client to conduct stocks transactions through the use of other services that the Client has registered with the Company.

3. Clients should conduct direct inspection, regularly monitor the balance and movements of stocks trading accounts and promptly report to the Company any errors (if any) arising during using Online Trading Servies and / or performing Online Trading.

4. This Terms and Conditions are governed by the laws of Vietnam. Disputes arising between the Client and the Company shall be settled on the basis of negotiation or conciliation. In case of unsuccessful negotiation or settlement, the involved parties may request competent courts to settle them according to law provisions.

5. This Terms and Conditions are effective immediately from the date of signing the Contract Agreement on the use of the Online Trading Service.

6. The signing of the Contract Agreement on the use of Online Trading Services does not exclude the right of clients to conduct stocks transactions through other forms of services registered with the Company or other services provided by the Company.