Terms & Conditions of Use 

Artical 1: Terminology

1.1 “Electronic Means” means the use of internet, email, web-chat, telephone internet application software, fax machines, SMS or another legal electronic means to communicate with each other.

1.2 “Online Trading Services” means (i) services provided by VinaCapital to clients to open Fund Certificate Trading Accounts (CCQ), (ii) place Trading orders and receive trading results as well as support services for CCQ transactions, other online utilities, and (iii) services performed through Electronic Means.

1.3 Username means the sequence of characters provided by VinaCapital to the Customer for the Customer to use the Online Trading Service.

1.4 “Password” means a series of codes provided by VinaCapital to the Client for the Client to use the Online Trading Service. Customers are responsible for regular changes to passwords for information security.

Artical 2: Time and limitation of service provision

2.1 The time of service provision is specified by VinaCapital in the instructions and may be adjusted by VinaCapital from time to time

2.2 When using VinaCapital’s services, customers agree that VinaCapital may set one or more service limits. VinaCapital reserves the right to set and change service limits from time to time.

Artical 3: Authorization related to the use of the service

3.1 The Client agrees to authorize VinaCapital to sign the confirmation on the order documents and documents related to the order form and registered account information and perform other necessary and reasonable tasks to carry out the transactions.

3.2 The Customer agrees to be liable for this authorization and undertakes to authorize it, and does not claim any damages in connection with this authorization.

Article 4: Service charge schedule

VinaCapital reserves the right to collect and change the fee schedule. The current subscription fee is 0%.

Article 5: Customer commitment

5.1 The Client has confirmed that he has researched, understands, and has been clearly guided on the procedures and methods of implementing VinaCapital’s Online Trading Services, and has also read and understands the agreement, and is obliged to comply with the“Terms and Conditions of the Online Trading Service Agreement”.

5.2 Customer agrees to bear all risks, losses or damages in connection with the use of VinaCapital’s Online Trading Service, due to the fault of any other third party or by customer’s conduct affecting the transaction, without asking VinaCapital to indemnity for any damages.

5.3 The Customer agrees to comply with all regulations and guidelines of VinaCapital and applicable laws.

5.4 Customer agrees and accepts to all damages, losses and/or expenpreses in place where the Password is disclosed to a third party in any way, whether intentionally or inadvertently, for which the loss of the Password or Password is disclosed as a direct and/or indirect cause of damage, loss and/or cost to Customer.

5.5 In order to avoid misunderstandings and disputes in the future, Customers using VinaCapital’s Online Trading Services are required to read and understand all instructions and regulations, accept the advantages of the service as well as all risks of the service stated in the Risk Statement, including risks that are not included in securities law and the Client agrees to accept such risks.

Article 6: Commitment of VinaCapital

6.1 VinaCapital is committed to providing the best Online Trading Service to its Clients and makes every effort to minimize the risks that may be encountered by the Client. In the event of a transmission or system error that leads to failure online transaction, VinaCapital will announce on VinaCapital’s website to inform customers and advise them to make transactions through other transaction methods.

6.2 VinaCapital agrees to perform transactions at the request of the Customer on the basis of compliance with the provisions of law and in accordance with the content of the agreements signed between the Customer and VinaCapital.

6.3 VinaCapital reserves the right to refuse to perform customer transactions or re-verify before execution if VinaCapital finds that the Customer’s trading order is invalid or shows abnormal signs.

Artical 7: Suspension and termination of services

7.1 VinaCapital reserves the right to suspend/terminate the provision of the Online Trading Service when: (i) notifying the Customer three (03) days in advance; (ii) Customer violates the provisions of the Terms and Conditions of the Online Trading Service Agreement.

7.2 The Customer has the right to request the termination of use of the service at any time provided that the termination be carried out in accordance with VinaCapital’s regulations and approved in writing by VinaCapital.

7.3 The provision of the Online Trading Service will automatically terminate upon the termination, for any reason, of the Open Fund Certificate Trading Registration Form and/or the client’s identification.

Artical 8: General terms

8.1 VinaCapital’s Online Trading Services are only provided by VinaCapital directly to customers. Customers are not allowed to authorize any third party to conduct transactions, unless approved in writing by VinaCapital. VinaCapital’s system will automatically assume that it is a customer’s transaction when the system receives all identifying information in accordance with the information that the Customer has registered with VinaCapital. Customer agrees to be solely responsible for all transactions that are ongoing or have been made before VinaCapital has confirmed in writing that it has received a notice to disclose the Customer’s Password.

8.2 VinaCapital reserves the right to amend and supplement “These Terms and Conditions of the Online Trading Service Agreement” at any time. The latest update will be announced by VinaCapital on VinaCapital’s web site, and a soft copy will be sent to the Customer’s registered email address. This latest update will take effect to replace the old version of this Agreement without The Customer’s consent.

VinaCapital reserves the right to amend and supplement these Terms and Conditions of the Online Trading Service Agreement at any time. The latest update will be announced by VinaCapital on VinaCapital’s web site, and a soft copy will be sent to the Customer’s registered email address. This latest update will take effect to replace the old version of this Agreement without The Customer’s consent.