Công ty cổ phần chứng khoán BIDV

AGREEMENT TO USE INVESTMENT CONSULTING SERVICE

BSC iBROKER

 

This Agreement to use the Investment Consulting Services BSC iBroker (hereinafter referred to as the “Agreement”) is a legal agreement between BIDV Securities Joint Stock Company (BSC) and the Client.

I. By choosing √ at the System, the Client commits and agrees:

- The Client has read and clearly understood the contents of this Agreement;

- The Client agrees to use the Investment Consulting service BSC iBroker under the terms and conditions of service mentioned herein and/or the Risk Disclosure Committee and/or other documents published by BSC in any manner at any time at the discretion of BSC;

- The Client acknowledges that this Agreement is a legally valid document that binds The Client's rights and obligations to BSC as a document fully signed/stamped by the Client.

II. Terms and Conditions of Service

2.1 Terms and explanations

- "BSC iBroker Service" or "Service" is an investment consulting service, supporting the Client to search information on BSC's system, based on market data and business data of BSC.

- "System" means the system set up by BSC to perform services for the Client, which is a property legally owned by BSC.

- "The Client" means any organization or individual that tries or pays a fee to use a service provided by BSC.

- "Working days" are normal working days, excluding Saturdays and Sundays, as well as public holidays and New Year holidays in accordance with Vietnamese law.

- "Service Fee" is the fee that the Client pays to BSC to maintain the use of the service as specified in these Terms and Conditions.

- "Force Majeure Event" means any of the following events, which renders any Party or Parties unable to perform their obligations under the terms and conditions herein, including but not limited to the prohibition or action of the government or public authorities, riots, wars, hostilities, strikes, other labor disputes and other interruptions of work, disruption or disruption of public utilities, epidemics, fires, floods, earthquakes, tsunamis or other natural disasters and other events beyond the reasonable control of the Parties.

- "Account" means the Client's account on the System granted to use the Service.

2.2 Service Fee Policy

- Service fee will be notified by BSC to the Client when registering to use according to BSC's fee policy applicable from time to time.

- BSC reserves the right to set and change the Service Fee policy from time to time and in accordance with the laws of Vietnam. In the event of a change in the applicable fee policy, BSC will notify the Client in writing or on BSC's official website at least 15 (fifteen) days in advance from the expected date of application of the new fee policy.

2.3 Service time

BSC will provide the Services on an ongoing basis. The period of discontinuance of the Service due to maintenance, maintenance, upgrading of the System or any other reasons will be notified in advance by BSC at BSC's headquarters or on BSC's official website and do not bind any responsibility of BSC to the Customer.

2.4 Client's Commitment

- Client is obligated to provide information that BSC reasonably requires so that BSC can provide the Service. The Client must ensure that the information that the Client provides to BSC in connection with the Service is complete, truthful, accurate and up-to-date.

- Client acknowledges and agrees that:

i. BSC reserves the right to include but not be limited to using, storing, transferring and/or exchanging the details of Client's information within the company for Service-related purposes and/or to develop, improve and enhance the provision of other Financial Services by BSC.

ii. BSC may disclose information provided by the Client as required by law (by court order, police investigation and criminal prosecution for tax fraud or other violations...)

iii. In any event that in BSC's judgment is necessary and/or appropriate, BSC is authorized to transfer any Client details or information relating to the Service to any Service provider (whether within or outside Vietnam) for that Service provider (including but not limited to third party Service providers, sales agents) to process data on behalf of BSC, or provide Services to Client provided that such Service provider and BSC enter into and agree on the Terms of Confidentiality of the transferred information.

iv. Full payment of Service Fees as prescribed by BSC which has been notified from time to time;

v. Confidential all information, data of Client, BSC and/or related to Client, BSC for the purpose of using the Service and provide to third parties only with the written consent of BSC or unless required by state agencies or Vietnamese laws;

vi. To be responsible for applying all reasonable measures to ensure safety and compatibility for all types of machines, connected devices, system software, application software... used by the Client when connecting and accessing the System to control, prevent and prevent unauthorized use or access to use the Service;

vii. Promptly report to BSC any errors arising (if any) in the process of using the Service;

viii. Compensation for damage in accordance with Vietnamese law;

ix. Other commitments (if any) when using the Service and in accordance with Vietnamese law.

2.5 Commitment of BSC

- Provide, guide and support for Client to use the Service and notify the policy not applicable to Client from time to time;

- Confidentiality and management of information related to the Client's use of the Service and only provide it to third parties with the Client's written consent or unless required by state agencies or Vietnamese laws;

- Notify the Client of BSC in the event of incidents, issues affecting or likely to affect the Client in a reasonable manner and within a reasonable time frame; Make every effort at the earliest time to fix the problem when a line failure or system failure occurs.

- Compensation for damage in accordance with Vietnamese law.

2.6 Disclaimer

BSC is not responsible for any errors or damages arising including but not limited to:

- Clients fail to comply with BSC's regulations and instructions for using the Service;

- Clients provide information that is delayed, incomplete, inaccurate or incomplete, leading to the inability to use the Service.

- Error of the system or any related technical means leading to the System's refusal to respond to Client's request;

- The Company delays or fails to perform its responsibilities in accordance with the Terms and Conditions of Service use due to mechanical malfunctions, data processing, information communications, natural disasters or any event beyond the Company's control or as a result of fraud, counterfeiting by third parties;

- Any action on/on Client's assigned Account by username with correct Login Password or other identifiers provided by BSC to Client is considered as Client's access. At the same time, any communication to or from the email address, telephone, fax or other electronic means that the Client has registered for BSC is automatically sent to or from the Client. BSC is not responsible for the failure or delay of notice leading to damage to the Client;

- Risk of Clients having their Account login information stolen.

- Machine failure, data processing, telecommunications information, Force majeure events or any event beyond the control of BSC or as a result of fraud or forgery by any third party including BSC's partners in providing the Services.

2.7 Terms of disclosure of potential risks that may arise

The provision and use of the Service may have potential risks arising. BSC makes the risk disclosure for the Client in the Risk Disclosure. The Client agrees, understands the potential risks that may arise and disclaims BSC's liability in the event of these risks.

2.8 General Terms

- This Agreement is a legally binding agreement for Client.

- BSC reserves the right, in its sole discretion, to add, cancel or change the scope of the Service and/or any provision of the terms and conditions of the Service that BSC deems appropriate. BSC gives notice of such modification to Client, and Client's use of the Service after the date on which any changes to these terms come into effect (as notified by BSC) will be acceptance without Client's confirmation of the change and such change shall be deemed an integral part of these terms. If the Client does not accept any proposed change, the Client is entitled to cancel the Service by notifying BSC in accordance with the provisions of these Terms.

- Terms and conditions of the Service terminate when:

i. The Client requests to terminate the Service by sending a written notice to BSC in accordance with BSC's regulations and Vietnamese law;

ii. BSC discontinues or terminates the applicable terms when registering for the Service at any time without the Client's consent;

ill. Other cases as prescribed by Vietnamese law.