Terms of Use

1. Information about the application.

In the era of Industry 4.0 and moving towards 6.0, many store owners still find themselves spending time on manual sales management tasks such as creating orders, writing paper invoices for customers, or struggling to understand their current profit margins, which items are running low on stock, and which items have high inventory. Or, when wanting to expand and hire additional staff, they fear product and money losses before trusting new employees.

Understanding these needs, ChuTiem.vn has developed the “Shopkeeper POS – Sales Management” application (hereinafter referred to as the Shopkeeper POS app) to address the challenges that retail store owners are facing. The app aims to help the retail community save time, money, and explore new avenues to increase profits from their business activities. This gradually leads to the digitalization of traditional retail business management.

2. General principles.

2.1 The Shopkeeper POS app is owned and operated by ChuTiem.vn. Members participating are traders, organizations, individuals engaged in legal commercial activities, and individuals participating in the process of buying and selling products, permitted to use the “Service” provided by ChuTiem.vn and related parties (“Users”).

2.2 Information about Sellers and Buyers must be transparent and accurate. Products and services involved in transactions must comply with all relevant legal regulations, not fall into prohibited business or advertising cases as stipulated by law. The buying and selling of goods and services through the Shopkeeper POS app must be conducted openly, transparently, ensuring the rights of consumers.

2.3 The following terms (“Terms of Service”) describe the terms and conditions that apply to your access and use of the Services provided by ChuTiem.vn, as well as any related software and products. This document is a legally binding agreement between you and ChuTiem.vn and its branches (referred to as “we,” “us,” or “ChuTiem.vn”), where “Branch” means any organization directly or indirectly controlled by or under common control with ChuTiem.vn. To access and use the Service, you must register an account through the Shopkeeper POS app (“Account”). When we refer to “you” or “your,” we mean the owner, agent, or employee of the Account registered for the Service.

2.4 These Terms of Service apply to all Services owned and provided by ChuTiem.vn or its branches. By registering for the Service, you agree to be bound by the Terms of Service. Any new features or tools added to the current Service must also comply with the Terms of Service. You can review the current version of the Terms of Service at any time on the website chutiem.vn, and we reserve the right to update and change the Terms of Service by posting updates and changes. You should check the Terms of Service regularly to identify any updates or changes that may affect you.

2.5 All content in these Terms of Service must comply with the current legal system of Vietnam. Members participating must understand their legal responsibilities under the current laws of Vietnam and commit to comply with the contents of these Terms of Service.

You must read, agree, and accept all the terms and conditions in this Terms of Service agreement, including the Terms of Service, the Exchange Floor Operating Regulations, and the Privacy Policy of ChuTiem.vn, before you can use the Service.

3. General provisions.

3.1 General definitions:

• Seller: traders, organizations, individuals engaged in legal business activities approved by ChuTiem.vn to use the Service provided by ChuTiem.vn and related parties. Through the Shopkeeper POS, Sellers create display stalls, introduce and carry out other activities to supply products to Buyers. In addition, the app also provides tools for Sellers to record order transactions, expenses, and manage outstanding transactions during the business organization process.
• Buyer: individuals, organizations directly buying products from Sellers, and responsible for the entire product, legal responsibility.
• User: includes Sellers using the Shopkeeper POS app to sell.
• Members must register and declare initial relevant personal information, recognized by the official administration of the Board of Administration and authorized to use the service. Members can create an account for use or operation. Members can receive information about products and activities (if any) from Sellers and ChuTiem.vn.
• Product: goods that Sellers are trading and providing on the Shopkeeper POS.
• Content: means all information and data (including text, customer chat, employee chat, images, photos, videos, audio, and documents) or any other content in any medium or format that you provide or on behalf of you related to your use of the Service, including information and data available in your Account, it may include information or data from the Supported Platform installed on your Account.
• Board of Administration: is the group that develops and operates the Shopkeeper POS Website chutiem.vn, authorized by ChuTiem.vn to be responsible for managing and managing the Service and related issues.

3.2 Privacy Rights

ChuTiem.vn values the security of your information. To protect the rights of Users, ChuTiem.vn provides a separate Privacy Policy to explain the details of ChuTiem.vn’s security activities. Please refer to the Privacy Policy for how ChuTiem.vn collects and uses information related to User Accounts and/or the use of User Services (“User Information”). This Terms of Service is closely related to the Privacy Policy. By using the Service or providing information on the ChuTiem.vn website, Users:

• Allow ChuTiem.vn to collect, use, disclose, and/or process your Content, personal data, and User Information for the purpose of improving product quality and customer care, as stipulated in the Privacy Policy.
• Agree and acknowledge that the information provided on the Shopkeeper POS or chutiem.vn website will belong to you; and you have the right to request the removal of this data at any time.
• Will not, directly or indirectly, disclose User Information to any third party, or by any means allow any third party to access or use your User Information.
• In case the User owns personal data of another User through the use of the Service (“Information Recipient”), the Information Recipient hereby agrees that they will (i) comply with all legal regulations on the protection of personal information related to that information; (ii) allow the User who owns the personal information (“Information Discloser”) to delete their information collected from the Information Discloser’s database; and (iii) allow the Information Discloser to review the information collected about them by the Information Recipient, in compliance with or at the request of current legal regulations.

4 Responsibility Limits

ChuTiem.vn grants Members the appropriate rights to access and use the Services according to the terms and conditions specified in these Terms of Service. All Content, trademarks, service marks, trade names, logos, and other exclusive intellectual property (“Intellectual Property Assets”) displayed on the ChuTiem.vn page are owned by ChuTiem.vn and third-party owners, if any. No party accessing the ChuTiem.vn page is granted the right or license, directly or indirectly, to use or copy any Intellectual Property Assets, and no party accessing the page is allowed to claim any rights, ownership, or interests related to Intellectual Property Assets. By using or accessing the Services, you agree to comply with relevant copyright, trademark, service mark laws, or any other laws protecting the Services, Shopkeeper POS, or the chutiem.vn website and the content of the page. You agree not to copy, distribute, reproduce, transfer, publicly disclose, publicly perform, modify, adapt, rent, sell, or create derivative works of any part of the Services, Shopkeeper POS, or the chutiem.vn website and the content of the page. You may not duplicate or modify any part or all of the content of Shopkeeper POS or the chutiem.vn website on any server or as part of any other website without the prior written consent of ChuTiem.vn.

5. Software.

Any software provided by ChuTiem.vn to Users falls within the scope of regulation of these Terms of Service. ChuTiem.vn reserves all rights related to software not clearly granted by ChuTiem.vn herein. Any command or code, linked to or referenced from the Service, is licensed to you by third parties who own that command or code, not by ChuTiem.vn.

6. Account and Security

6.1 Some features of the Service require you to register an account by entering your personal phone number as a username (“Phone Number Verification”) and password, while also providing certain personal information. You may use your account to access other products, websites, or services allowed by ChuTiem.vn, whether connected or in collaboration. ChuTiem.vn does not check and is not responsible for any content, features, security, services, privacy policies, or other practices of those products, websites, or services. If you use your account to access other products, websites, or services allowed by ChuTiem.vn, whether connected or in collaboration, the terms of service of those products, websites, or services, including the corresponding privacy policies, still apply when you use those products, websites, or services, even if those terms of service differ from the Terms of Service and/or Privacy Policy of ChuTiem.vn.

6.2 You agree to

• (a) Keep your password confidential and only use the Username and password when logging in.
• (b) Ensure that you log out of your account after each login session.
• (c) Immediately notify ChuTiem.vn if you discover any unauthorized use of your Account, Username, and/or password.

You are responsible for activities under your Username and Account, including losses or damages arising from unauthorized use related to passwords or non-compliance with these User Terms.

6.3 You agree that ChuTiem.vn has the right to immediately delete the Account and Username of the User, remove, or cancel any Content related to the Account and Username of the User for any reason, with or without notice or responsibility to the User or any third party. The basis for taking these actions may include

• (a) The Account and Username are inactive for an extended period.
• (b) Violation of the terms or spirit of these Terms of Service.
• (c) Unlawful, fraudulent, harassing, invasive, threatening, or abusive behavior.
• (d) Multiple different user accounts.
• (e) Purchasing in large quantities from a Seller or a related group of Sellers.
• (f) Abusing discount codes or sponsorships or promotional benefits (including selling discount codes to third parties as well as abusing discount codes at ChuTiem.vn).
• (h) Behavior that harms other Users, third parties, or the economic interests of ChuTiem.vn. Using the Account for illegal, fraudulent, harassing, invasive, threatening, or abusive purposes may be reported to the competent state authority under applicable law.

6.4 Users may request account deletion by notifying ChuTiem.vn in writing or by email at [email protected]. However, Users remain responsible for any incomplete transactions (arising before or after the account is deleted) or the shipment of goods related to the requested account deletion. In this case, under the Terms of Service, Users must contact ChuTiem.vn promptly and complete the outstanding transactions. Users are responsible for the request to delete their account.

6.5 You can only use the Service and/or open an Account at ChuTiem.vn if you meet the conditions to accept these Terms of Service.

7. Terms of Use

7.1 The right to use Shopkeeper POS or the website chutiem.vn and the Services is effective until terminated. The right to use may be terminated under these Terms of Service or in case the User violates any terms or conditions specified in these Terms of Service. In such cases, ChuTiem.vn may terminate the User’s use with or without notice.

7.2 Users are not allowed to:

• (a) Upload, post, transmit, or otherwise make public any Content that is illegal, harmful, threatening, abusive, harassing, disturbing, misleading, distressing, defamatory, offensive, pornographic, vilifying, invasive of someone else’s privacy, hateful, or discriminatory based on race, ethnicity, or any other inappropriate content;
• (b) Violate the law, third-party rights, or any products prohibited by ChuTiem.vn;
• (c) Post, transmit, or otherwise display any Content involving the presence of minors or use the Service to harm minors in any way;
• (d) Use the Service or post Content to impersonate any individual or organization or otherwise distort individuals or organizations;
• (e) Falsify headers or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Service;
• (f) Remove any exclusive notices from ChuTiem.vn;
• (g) Cause, permit, or authorize the modification, creation of derivative works, or translation of the Service without the explicit permission of ChuTiem.vn;
• (h) Use the Service for the benefit of any third party or engage in any behavior not acceptable under these Terms of Service;
• (i) Use the Service or post Content for fraudulent, unreasonable, misleading, confusing, or deceptive purposes;
• (j) Open and operate multiple user accounts related to any behavior that violates the terms or spirit of these Terms of Service;
• (k) Access the chutiem.vn website, open an account, or otherwise access their user account through any software or hardware not approved or provided by ChuTiem.vn, including simulation software, emulation devices, automatic software, or any software, devices, or hardware with similar functionality.
• (l) Edit the Content of other Users.
• (m) Take any action that distorts the rating system or interferes with ChuTiem.vn’s feedback system;
• (n) Attempt to convert program code, reverse engineer, dismantle, or intrude (hack) the Service (or any portion thereof); or disable or circumvent any encryption technology or security measures applied by ChuTiem.vn to the Services and/or the data transmitted, processed, or stored by ChuTiem.vn;
• (o) Exploit or collect any information related to other User accounts, including any personal information or data;
• (p) Upload, email, post, transmit, or otherwise make public any Content that you are not allowed to disclose under any law or contractual relationship or trust (such as internal information, proprietary and confidential information known or disclosed as part of an employment relationship or under confidentiality agreements);
• (q) Upload, email, post, transmit, or otherwise make public any Content that leads to cases of infringement of the patent, trademark, trade secret, copyright, or any other rights of any party;
• (r) Upload, email, post, transmit, or otherwise make public any advertising, promotional materials, unauthorized or illegal “spam,” or any other unauthorized form of solicitation;
• (s) Upload, email, post, transmit, or otherwise make public any material containing viruses, worms, trojans, or any computer code, files, or programs designed to directly or indirectly interfere with, control, interrupt, destroy, or limit the functionality or overall performance of any software or hardware or data or telecommunications device;
• (t) Disrupt normal interactive lines, scroll the screen faster than other Users can with the Service, or otherwise perform operations that negatively affect the ability of other Users to engage in real transactions;
• (u) Interfere, control, or disrupt the Service or servers or systems linked to the Service or use and experience of the Service of other Users, or fail to comply with any requirements, procedures, policies, and regulations for systems linked to ChuTiem.vn;
• (v) Take any action or conduct that may directly or indirectly damage, disable, overload, or impair the Service or servers or systems linked to the Service;
• (w) Use the Service to violate laws, regulations, rules, directives, instructions, policies applicable locally, nationally, or internationally (whether or not in force) in any intentional or unintentional manner related to money laundering or counter-terrorism;
• (x) Use the Service to violate or breach any penalties or sanctions managed or enforced by relevant authorities.
• (y) Use the Service to infringe on the privacy rights of others or to “spy” or otherwise harass others;
• (z) Violate the rights of ChuTiem.vn, including any intellectual property rights and cause confusion with those rights;
• (aa) Use the Service to collect or store personal data of other Users related to prohibited behaviors as mentioned above; and/or
• (ab) List items that infringe on the copyrights, trademarks, or other intellectual property rights of third parties or use the Service in ways that may infringe on the intellectual property rights of others.

7.3 Users understand that Content, whether publicly posted or privately transmitted, is entirely the responsibility of the person who created that Content. This means that you, not ChuTiem.vn, are entirely responsible for any Content you upload, post, email, transmit, or otherwise make public on the Chutiem.vn website. Users understand that by using the Chutiem.vn website, they may be exposed to Content that they find objectionable, incorrect, or inappropriate. ChuTiem.vn shall not be responsible for Content, including errors or omissions related to Content, or for any loss or damage arising from the use of, or reliance on, posted Content, or for Content posted, emailed, transmitted, or otherwise made public on the Chutiem.vn website.

7.4 Users acknowledge that ChuTiem.vn and its designated parties have the right (but not the obligation) to screen, refuse, delete, suspend, temporarily suspend, remove, or relocate any Content available on the Chutiem.vn website, including any Content or information you have posted. ChuTiem.vn has the right to remove Content:

• (i) violating the Terms of Service; (ii) in the case that ChuTiem.vn receives a valid complaint under applicable law from another User; (iii) in the case that ChuTiem.vn receives a valid notice of infringement of intellectual property rights or legal request for removal; or (iv) for other reasons under applicable law. ChuTiem.vn has the right to block communications (including updating status, posting ads, sending messages, and/or chatting) about or related to the Service as our efforts to protect the Service or ChuTiem.vn Users, or otherwise enforce the terms of these Terms of Service. Users agree that they must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of that Content. In this regard, Users acknowledge that they do not and, to the maximum extent permitted by law, do not need to rely on any Content created by ChuTiem.vn or sent to ChuTiem.vn, including information on ChuTiem.vn Forums or other parts of the Chutiem.vn website.

7.5 Users agree and consent that ChuTiem.vn may access, maintain, and disclose User Account information in cases where the law requires or under the order of a court or government agency or competent state authority requesting ChuTiem.vn, or for other reasons under applicable law:

• (a) to comply with legal procedures;
• (b) enforce these Terms of Service;
• (c) respond to complaints about Content that infringes the rights of third parties;
• (d) respond to User requests related to customer care; or
• (e) protect the rights, property, or safety of ChuTiem.vn, Users, and/or the community.

8. Violation of Terms of Service

8.1 Violating this policy may lead to various actions, including any or all of the following:

• a. Deleting product listings;
• b. Deleting transaction ledgers or financial records;
• c. Restricting the use of the Account;
• d. Suspending and terminating the Account;
• e. Filing criminal charges;
• f. Applying civil measures, including claims for compensation and/or applying urgent temporary measures;
• g. Other actions or sanctions under the Operational Regulations or ChuTiem.vn Policies.

8.2 If you discover a user on our ChuTiem.vn platform engaging in behavior that violates the Terms of Service, please contact ChuTiem.vn at [email protected].

10. Reporting Behavior with Intellectual Property Infringement Potential

10.1 Users are individuals or independent organizations without any form of affiliation with ChuTiem.vn. ChuTiem.vn is not an agent or representative of Users and does not hold and/or own any goods offered for sale on the Product Listings or the chutiem.vn website.

10.2 If you are the owner of intellectual property rights (“Intellectual Property Owner”) or an authorized representative of the Intellectual Property Owner (“Authorized Representative”) and believe that your or your principal’s rights are likely to be infringed, please report in writing to ChuTiem.vn at [email protected] and provide us with the documents as instructed thereafter to assist in resolving the complaint. We will take a reasonable amount of time to process the information provided. ChuTiem.vn will respond to your complaint within 10 working days from the date of receiving your complaint.

11. Third-Party Services

11.1 You acknowledge that the Service may allow or assist you in accessing, interacting with, and/or purchasing services from Supported Platforms and other third parties through third-party software, applications, products, services, or third-party website links (collectively referred to as “Third-Party Services”) for your consideration or use. Third-Party Services are provided solely for convenience, and your purchase, access, or use of any such Third-Party Services is solely between you and the current third-party service provider (“Third-Party Provider”). Your use of Third-Party Services through the Service is entirely at your own risk and discretion. In addition to these Terms of Service, you must read and agree to any additional terms specific to the services and/or privacy policies applicable to those Third-Party Services before using them along with the Service.

11.2 We do not provide any warranties for Third-Party Services. You acknowledge that ChuTiem.vn has no control over Third-Party Services and will not be responsible or legally liable to anyone for any Third-Party Services. Any issues arising from or related to Third-Party Services should be directed to the current Third-Party Service Provider and will not be handled by ChuTiem.vn. The availability of third-party services on the website, in the ChuTiem.vn App Store, or allowing the use of those Third-Party Services with the Service does not constitute or imply acceptance, endorsement, sponsorship, or affiliation by/with ChuTiem.vn. ChuTiem.vn strongly recommends that you seek professional advice before using or relying on Third-Party Services to ensure they meet your needs.

11.3 ChuTiem.vn is not responsible for any advertisements, social media posts, or messages rejected or undelivered by Third-Party Services, and ChuTiem.vn does not manage unsubscribe settings. All advertising processes and unsubscribe settings are managed by the Third-Party Service and entirely at the discretion of the Third-Party Service, and ChuTiem.vn has no knowledge or control over those processes. Any questions regarding Third-Party Services, including rejected or undistributed advertisements or unsubscribe settings, must be directed to the Third-Party Provider.

11.4 If you install or enable Third-Party Services for use with the Service, you grant us the right to allow the current Third-Party Provider to access your data and take any other actions required for the interaction of the third-party service with the Service. Any data exchange or interaction between you and that Third-Party Provider is solely between you and that Third-Party Provider. ChuTiem.vn is not responsible for any disclosure, alteration, or deletion of your data or customer content or for any loss, damage, or corresponding liability you may incur due to the Third-Party Service’s or Third-Party Provider’s access to your data or customer content.

11.5 In no event shall ChuTiem.vn be legally responsible for any direct, indirect, incidental, special, consequential, punitive, or other damages arising from any Third-Party Services or your relationship with any Third-Party Provider. These limitations will apply even if ChuTiem.vn has been advised of the possibility of such damages. The foregoing limitations will apply to the maximum extent permitted by applicable law.

11.6 You agree to indemnify and hold us and (if applicable) our parent company, subsidiaries, affiliates, ChuTiem.vn partners, officers, directors, agents, employees, and our suppliers harmless from any claim or demand, including reasonable attorney’s fees, arising out of your use of Third-Party Services or your relationship with a Third-Party Provider.

11.7 For clarity, applications developed, supported, and maintained by ChuTiem.vn and for the purposes of this Agreement, ChuTiem.vn is considered the Third-Party Provider for those applications.

12. Third-Party Contributions to the Service and External Links

12.1 Each party contributing to the Service with data, messages, images, sounds, videos, software, and other content will be responsible for the accuracy, reliability, originality, clarity of rights, legal compliance, and any legal limitations related to any contributed content. ChuTiem.vn will remove from the website/application any sales information that is false, counterfeit, smuggled, or violates intellectual property rights or other legal violations when discovered or upon receiving credible reports of such information. Users are not required to hold ChuTiem.vn responsible for any activities or inactivities, including but not limited to issues they post or otherwise make available through the Service.

12.2 Additionally, the ChuTiem.vn Platform may contain links to products, websites, services, and offers from third parties. These third-party links, products, websites, services, and offers are not owned or managed by ChuTiem.vn. In fact, those products, websites, services, and offers are created by and are the property of the respective third party, protected by copyright or other intellectual property laws and agreements. ChuTiem.vn does not review and is not responsible for the contents, features, security, services, privacy policies, or other activities of these third parties. ChuTiem.vn encourages Users to review the terms and policies listed by third parties on their websites or other media. By using the Service, you acknowledge that ChuTiem.vn is not responsible under any circumstances for your use or inability to use any third-party websites or widgets. Additionally, you acknowledge and agree that ChuTiem.vn may disable your use of, or remove, any third-party links or applications on the Service within the limits of third-party violations of these Terms of Service.

13. User Affirmations and Assurances

13.1 The User owns the capacity (and, for minors, has valid consent from a parent or legal guardian), rights, and legal ability to enter into these Terms of Service and to comply with the terms herein.

13.2 The User shall use the Service for lawful purposes and in accordance with the provisions of these Terms of Service, as well as all applicable laws, rules, standards, directives, guidelines, policies, and regulations.

14. Indemnification

You agree to indemnify, defend, and hold harmless ChuTiem.vn, its shareholders, subsidiaries, affiliates, directors, officers, agents, brand owners, or partners, and employees of ChuTiem.vn (collectively referred to as the “Indemnified Party”) regarding claims, actions, legal proceedings, and lawsuits, as well as obligations, losses, payments, penalties, fines, costs, and related fees (including dispute resolution costs) incurred by the Indemnified Party arising from:

• (a) Transactions conducted on the ChuTiem.vn Platform or disputes related to such transactions (except in cases where ChuTiem.vn or its affiliates are the Seller in a transaction related to a complaint).
• (b) ChuTiem.vn’s Guarantee Policy.
• (c) The organization, operation, management, and/or provision of Services performed by or on behalf of ChuTiem.vn.
• (d) Violation or non-compliance with any terms of these Terms of Service or any policies or guidelines referred to herein.
• (e) Your use or misuse of the Service.
• (f) Your violation of any law or any rights of any third party.
• (g) Any Content posted by Users.

15. Severability

If any provision of these Terms of Service is determined by a court of competent jurisdiction to be illegal, void, or unenforceable, then that provision will still be effective to the maximum extent permitted by current law, and the unenforceable portion shall be deemed severed from these Terms of Service, and such decision shall not affect the validity and enforceability of any remaining provisions.

16. Individuality

If any term of these Terms of Service is unlawful, void, or for any reason unenforceable under applicable law, then that term shall be separated from these terms and conditions, and it shall not affect the validity and enforceability of the remaining terms.

17. Applicable Law

These Terms of Service will be governed by and construed in accordance with the laws of Vietnam. Any dispute, controversy, complaint, or difference arising out of or relating to these Terms of Service against or relating to ChuTiem.vn or any Indemnified Party shall be settled by the Vietnam International Arbitration Center (VIAC). The arbitration language shall be Vietnamese.

18. Termination of Agreement

These Terms of Service are effective unless and until terminated by you or by us. If you no longer wish to use the Service, you may terminate your ChuTiem.vn Account in accordance with the current terms. If, at our sole discretion, you fail to perform or we suspect that you have not complied with any term or provision of these Terms of Service, we may also terminate these Terms of Service at any time without notice, and as a result may deny you access to the Service, your ChuTiem.vn Account, or any part thereof. Obligations (including payment obligations, if any) and liabilities incurred before the termination date will survive the termination of these Terms of Service for all purposes.

I HAVE READ THESE TERMS OF SERVICE AND AGREE WITH ALL TERMS ABOVE, AS WELL AS ANY TERMS AMENDED HEREAFTER. BY CLICKING THE “REGISTER” BUTTON WHEN REGISTERING TO USE ChuTiem.vn SERVICES, I UNDERSTAND THAT I AM CREATING AN ELECTRONIC SIGNATURE THAT I UNDERSTAND HAS VALUE AND EFFECT SIMILAR TO THE SIGNATURE I MAKE MANUALLY.

User Support:

• Shopkeeper POS Application
• Website: https://chutiem.vn
• Address: Homeland Building, Thượng Thanh, Long Biên District, Hanoi City
• Phone: (+84) 9146 123 88
• Email: [email protected]                                                                                            

Update Date: 26/06/2022

Effective Date: 26/06/2022