WGHN GOLF COURSE BOOKING SERVICES JSC

Terms of Use for Bonus Point Wallet

COLLECTION - PAYMENT AGREEMENT

Users must read and agree to the Terms and Conditions of this authorized collection - payment agreement before using the Service.

THE TERMS AND CONDITIONS in this collection - payment agreement (hereinafter referred to as the 'Agreement') govern the rights and obligations of Users, as customers, when using the Service provided by WGHN TECHNOLOGY JOINT STOCK COMPANY on the 'WGHN Account'.

1. Definitions

In this Agreement, the following words and terms shall have the meanings set forth below unless the context otherwise requires:

1.1. WGHN: WGHN Technology Joint Stock Company, a company duly established and operating under the laws of the Socialist Republic of Vietnam, with Business Registration Certificate No. 0110057376 issued by the Hanoi Department of Planning and Investment.

1.2. WGHN Application: The mobile platform application developed and operated by WGHN, the WGHN application integrates various features including the provision of collection - payment functions for Users.

1.3. WGHN Account (Bonus Point Wallet): An electronic account on the WGHN information technology system created and managed by Users through the mobile WGHN application to access and use the Service, including the collection - payment service provided by WGHN.

1.4. User: Customers who wish to open and use the Services of WGHN.

1.5. Service: The collection - payment service performed on the WGHN Application.

1.6. Transaction: Any transaction of the User related to the use of the Service provided by WGHN.

1.7. Transaction Limits: Users as individuals using the WGHN Account are limited to a maximum balance of VND 50,000,000; a maximum top-up value of VND 50,000,000 at a time, and a total transaction value not exceeding VND 100,000,000 per month. These limits may be adjusted or changed according to laws and WGHN policies at each time.

1.8. Authentication Measures: These are authentication factors that WGHN uses to verify the identity of the User, including but not limited to One-Time Passwords (OTP), passwords, biometric characteristics, and other authentication measures permitted by law.

1.9. Customer Service: Refers to the customer care service of WGHN.

1.10. WGHN Account Opening Documents: These are the documents and information that individuals must provide as required by law and WGHN's requirements, including but not limited to:

a. For individuals: full name; date of birth; nationality; phone number; valid citizen identification card/ID card/passport;

b. For organizations: abbreviated and full trading name; business registration number; tax code; headquarters; trading address; phone number; legal representative;

c. WGHN Account opening documents will be updated by WGHN in accordance with the law and WGHN's appropriate requirements from time to time and will be published on the WGHN Application.

1.11. Legal Provisions: Includes all legal provisions of the Socialist Republic of Vietnam.

1.12. Working Days: These are the days from Monday to Friday, excluding holidays, public holidays, and Tet as prescribed by law.

2. General Rules:

2.1. By accessing, downloading, and opening a 'WGHN Account' on the WGHN application, the User confirms that they fully understand and completely agree with the Terms and Conditions set forth in the Agreement, as well as any related amendments and accept to authorize WGHN to perform collection - payment through the WGHN application as adjusted by this Agreement.

2.2. By accessing, downloading, and using the WGHN application, the User acknowledges and agrees that they have accepted the methods, requirements, and/or policies set forth in this Agreement, and that the User hereby consents to WGHN collecting, using, disclosing, and/or processing the User's personal data as described in this Agreement.

2.3. The User will be deemed to have automatically accepted and be bound by this Agreement, and the User's partial or full use of the Services on the WGHN application is considered as the User and WGHN have entered into and executed an electronic contract.

2.4. WGHN has the right to change this Agreement or any feature of the Service at any time. Such changes shall take effect immediately after the announcement of the changes to the Agreement or features on the WGHN application.

2.5. The User agrees to periodically review this Agreement to ensure that the User has been updated on any changes or amendments to this Agreement. The User's continued use of the Service shall be deemed as the User's full acceptance of the modified Agreement.

2.6. The User ensures that they understand the instructions and procedures for using WGHN's Services and any changes or additions (if any) made by WGHN.

3. Register/Stop Using the Service

3.1. Register and Use the Service

a. To use the Service, the User must first download the WGHN application, provide the necessary documents to open a WGHN account, and follow the instructions.

b. The User agrees to provide WGHN with complete, up-to-date, and accurate information about themselves as required by WGHN from time to time in order to use the Service. The User agrees to promptly notify WGHN of any changes to the WGHN account opening documents and the information provided to WGHN. The User declares and warrants that the information provided to WGHN is truthful and accurate and is responsible for the information provided on the WGHN application.

c. At WGHN's request, the User will provide WGHN with information related to the use of the Service that WGHN may reasonably require for the following purposes:

- Assist WGHN in complying with its obligations under the law;

- Report to relevant authorities or government agencies about compliance with those obligations;

- Evaluate whether the User has complied, is complying, and will continue to comply with all of their obligations under this Agreement.

d. Unless otherwise provided by law, the User must complete the linking of their WGHN account with their payment account or debit card opened at a linked bank in order to activate the WGHN account feature. The User may link their WGHN Account with one or more payment accounts or debit cards of which they are the account holder at one or more linked banks.

e. Deposits into the User's WGHN Account must be made from:

- The User's payment account or debit card at the bank; and/or

- Receive money from another User's WGHN Account that is also opened by WGHN.

f. The User can use their WGHN account to:

- Pay for goods and services on WGHN;

g. This authorized collection - payment agreement is free of charge, and WGHN applies a fee waiver policy for service fees and/or charges for receiving authorization under this Agreement.

h. The User agrees not to use the Service for any purpose or in connection with any action that violates laws, including but not limited to laws and regulations related to anti-money laundering and counter-terrorist financing.

i. The User confirms and acknowledges that they have full legal capacity, authority, or jurisdiction to use the Service.

j. The User is responsible for managing their account, account password, information related to the account, authentication measures, device information, etc. If the User's information is lost, stolen, or illegally disclosed, the User must change the account information using the tools provided in the WGHN application or immediately notify WGHN through Customer Service to temporarily suspend the WGHN account. The User will be fully responsible for any and all Transaction requests that occur before WGHN receives such notice. The User should note that the WGHN account will only be temporarily suspended when the User has provided all information requested by Customer Service that Customer Service may reasonably require.

k. When using the Service, the User is responsible for any and all actions and omissions in operating the WGHN Application and/or conducting Transactions. If any error or incident occurs, the User must immediately contact Customer Service for guidance. WGHN will make every effort to advise and assist the User.

l. In case of a Service incident or if a Transaction is not performed as requested by the User, the User will immediately notify WGHN of the incident, and WGHN will make every effort to advise and assist the User. WGHN agrees, at its sole discretion, to reimburse for any Transactions that were incorrectly performed due to WGHN's fault.

3.2. Stop Using the Service

a. WGHN stops, terminates, and cancels the Service:

- The User agrees, acknowledges, and accepts that the Service (or any part of the Service) may be canceled by WGHN for any reason that WGHN deems appropriate and necessary at any time without prior notice to the User. The User also agrees that any reason for cancellation provided by WGHN will be considered reasonable by the User. After cancellation, the Service (or any part of the Service) may be provided again by WGHN at its sole discretion as deemed appropriate.

- The User agrees, acknowledges, and accepts that at all times WGHN has the right to suspend or terminate the User's Account or the User's ability to access and use the Service (or any part of the Service) for any reason that WGHN deems appropriate and necessary, including but not limited to cases where the User violates any provision of this Agreement or acts contrary to or violates any applicable regulations or laws related to the use of the Service. The User also agrees that any reason for suspension or termination provided by WGHN will be considered reasonable by the User. The suspension of the Service may be performed at any time and under any conditions that WGHN, at its sole discretion, deems appropriate.

- If the User violates any provision of this Agreement or acts contrary to or violates any applicable regulations or laws related to the use of the Service, WGHN has the right to suspend the Service, notify the competent state authority and/or relevant individuals or organizations about the violation or misconduct in an appropriate manner. After cancellation or termination of the Service (or any part of the Service):

+ All rights granted to the User under this Agreement will immediately terminate;

+ The User hereby grants WGHN an irrevocable and unconditional authorization to refund the balance in the WGHN Account (if any) to the User.

b. User terminates the use of the Service:

The User may terminate their use of the Service under this Agreement at any time by contacting Customer Service for guidance.

After canceling or terminating the use of the Service (or any part of the Service):

+ All rights granted to the User under this Agreement related to the terminated Service will immediately terminate;

+ In case all Services have been terminated, the User hereby grants WGHN an irrevocable and unconditional authorization to refund the balance in the WGHN Account (if any) to the User.

4. Intellectual Property Rights

4.1. All trademarks, logos, service marks, and all other intellectual property rights of any kind (whether registered or not), and all content information, designs, documents, graphics, software, images, videos, music, sounds, software compounds, source codes, and underlying software related to WGHN,... (collectively referred to as “Intellectual Property Rights”) are and will always be the property of WGHN and other organizations/agents authorized by WGHN (if any). All Intellectual Property Rights are protected by copyright laws and international conventions. All rights are reserved.

4.2. Except as expressly permitted in this Agreement, the User shall not use, edit, publish, imitate, translate, perform derivative works from, distribute, or otherwise use, reuse, copy, modify, or publish the Intellectual Property Rights in any manner without prior written consent from WGHN. The User shall not assist or enable any third party to use the Intellectual Property Rights in any way that constitutes an infringement of intellectual property and/or other related rights of WGHN.

5. Indemnification

The User agrees to indemnify WGHN and WGHN's affiliates and hold them harmless from any and all losses, claims, demands, suits, proceedings, costs (including, but not limited to, legal costs), and liabilities that may be incurred or brought against WGHN and/or WGHN's employees, officers... arising from or related to:

- The User's use of the Service (or any part of the Service);

- The User's violation of this Agreement.

6. Disclosure of Information

6.1. The User agrees that WGHN may collect, store, use, and process information about the WGHN Account Opening Profile as well as other information from the User or third parties for the purposes of customer identification and authentication in accordance with Legal Regulations. WGHN may also collect, store, use, and process the User's personal information for the purposes of research, operational analysis, and Service improvement.

6.2. When the User registers a WGHN Account to use the Service, the User understands and agrees to authorize WGHN to collect, store, use, and process information through accessing the following applications on the mobile device under this Agreement.

- Location: to obtain information about location to display a list of the nearest transaction points.

- Connection status: to ensure the online features of the WGHN Application work properly.

- Camera: to allow the User to scan QR codes.

- Connection status: to ensure the online features of the WGHN Application work properly.

6.3. The User consents to, authorizes irrevocably and unconditionally WGHN to disclose or publish information related to the User or the User's Transactions to individuals or organizations that WGHN may be required to disclose in accordance with any applicable Legal Regulations or regulations applicable to WGHN or based on any request or order of any competent state authority or court order.

6.4. The User agrees with the WGHN Privacy Policy stipulated in this Agreement.

7. Limitation of Liability

7.1. Under no circumstances shall WGHN (including its employees, officers, or affiliates) be liable to the User for any loss, damage, liability, and expense arising from any cause of action resulting from the use or inability to use the Service unless WGHN (including its employees, officers, or affiliates) is at fault for such loss or damage.

7.2. However, in the event that WGHN (including its employees, officers, or affiliates) is liable for any loss or damage as stipulated above, the User agrees that the total liability of WGHN (including its employees, officers, or affiliates) shall be limited to the actual amount of direct damages incurred by the User and shall not exceed the total amount transferred to the User's WGHN Account at the time of such loss or damage.

7.3. Under no circumstances shall WGHN be liable for any indirect, special, consequential, or incidental damages arising or resulting from the use or inability to use the Service.

7.4. To the extent permitted by law, the User agrees that WGHN (including its employees, officers, or affiliates) shall not be liable for any loss, damage, liability, and/or expense incurred by the User due to unauthorized access by the User or any third party to the servers, interfaces, websites, devices, and/or data of WGHN, whether accidental or through unauthorized or illegal means, such as hacking or other reasons beyond WGHN's control (e.g., computer viruses, force majeure events).

7.5. WGHN shall not be liable for failure to perform or delay in performing its obligations under this Agreement due to force majeure events beyond WGHN's reasonable control, including, but not limited to, natural disasters, storms, viral outbreaks, government restrictions, strikes, wars, network failures or telecommunications failures, or other force majeure events as stipulated by law or recognized by both parties.

8. Security

8.1. The User commits to only use the WGHN Application and WGHN Account for legal activities, not engage in illegal payment transactions, including but not limited to payments for illegal goods, services, or money laundering, and will immediately notify WGHN of any transactions suspected or known to be unauthorized use of the User's WGHN Account and/or Service, or any known or suspected security breach, including the loss, theft, or unauthorized disclosure of personal information or the User's Account.

8.2. The User agrees not to use, and not to allow any third party to use, the WGHN Application and WGHN Account to conduct unauthorized intrusions, system attacks, virus dissemination, malware, or any activities violating the Law or disrupting, interfering with the normal operations of WGHN’s system and WGHN’s partners, or with the use of the WGHN Application, WGHN Account by others.

8.3. The User is responsible and fully indemnifies WGHN for the use or operation on the User's WGHN Account under the law. Any fraudulent, deceptive, or illegal activities may be grounds for WGHN to suspend the WGHN Account and/or terminate the Service provided to the User at WGHN's sole discretion, and WGHN may report the User's actions to competent state authorities for consideration and handling.

9. Contact Information and Notices

9.1. The User agrees that WGHN or WGHN's affiliates may send messages or make phone calls to the User through the phone number or notify via the WGHN Application about or related to service updates and events provided or offered by WGHN or WGHN's affiliates. The User agrees that notifications sent via messages, calls, or the WGHN Application mentioned in this clause shall not be limited in quantity and time and have the full value as an official notice from WGHN to the User provided they comply fully with legal regulations.

9.2. The User agrees that WGHN has no obligation to periodically notify the User of the details of Transactions conducted by the User.

9.3. Any notices and documents (if any) that need to be provided by the User under this Agreement to WGHN shall be sent to WGHN at the head office address or through WGHN's Customer Service.

9.4. All notices and documents (if any) to be sent to the User by WGHN under this Agreement will be sent using one of the following methods:

- Sent by regular mail or registered mail to the latest address of the User according to the User's WGHN Account Opening Profile with WGHN;

- Send an email to the User's most recent email address as recorded by WGHN;

- Announce notifications or communications on the Application.

- Send a message (SMS) or call to the User's most recent phone number as recorded by WGHN.

9.5. Any notice or document or correspondence is considered sent and received:

- If sent by regular mail or registered mail, within three (3) Business Days from the date of sending;

- If sent by other means stipulated in this clause, on the Business Day following the date the notice or document was sent.

10. Handling transactions with errors, technical issues, or signs of legal violations

10.1. In any case where the amount credited to the User's WGHN Account differs from the actual amount that the User requested and deposited, the User is obligated to return the excess amount to WGHN or the depositor in the manner and within the time required.

10.2. In the event that WGHN has grounds to determine that a transaction was made due to an error, technical issue, or has signs of violating the law, WGHN, at its sole discretion, has the right to take preventive measures to minimize any potential damage, including but not limited to the following measures:

- Block or freeze the funds arising from or related to the transaction in the User's WGHN Account; and/or

- Temporarily suspend the User's WGHN Account; and/or

- Deduct or recover from the User's WGHN Account any amount arising due to errors and/or technical issues; and/or

- Report to the competent state authorities for guidance on handling the transaction and/or any amount arising from or related to errors, technical issues, or legal violations.

10.3. The User agrees that WGHN has the right to take the measures stipulated in Clause 10.2 above and will fully cooperate with WGHN in verifying and resolving issues related to transactions involving errors, technical issues, or signs of legal violations. WGHN has the right to temporarily lock or freeze the WGHN Account and/or block or freeze any funds related to the transaction to verify, clarify, and prevent or mitigate possible damages.

10.4. In the event the User does not cooperate with WGHN or shows signs of embezzling or dissipating funds arising from or related to errors, technical issues, or legal violations, WGHN has the right to maintain the preventive measures stated in Clause 10.2 and request competent authorities to handle the situation, including criminal prosecution in cases of criminal indications. In all cases, WGHN will comply with the final conclusion, decision, or judgment of the competent state authorities.

10.5. If WGHN has grounds to determine that the User is abusing promotional programs, preferential policies, or user support policies of WGHN, WGHN has the right to temporarily suspend or terminate such programs, preferential policies, or support for one, several, or all related Users and take necessary measures to recover any incentives, support, and economic benefits that the involved Users have received. In cases where the abuse involves a violation of legal regulations, WGHN will report to the competent state authorities for consideration and handling.

11. Other provisions

11.1. WGHN's failure to exercise or apply any rights or measures it has under this Agreement or under legal regulations shall not be construed as WGHN waiving or limiting such rights or measures, and WGHN reserves the right to exercise those rights or measures at any time it deems appropriate.

11.2. If any provision of this Agreement is determined to be illegal or otherwise unenforceable, WGHN will modify that provision or (at its sole discretion) remove it from this Agreement. If any provision of this Agreement is determined to be illegal or unenforceable, such determination will not affect the remaining provisions of this Agreement, and this Agreement will remain in full force and effect.

11.3. The User acknowledges that WGHN, under applicable laws and regulations or upon receipt of instructions from competent government authorities, may be required to take actions that could violate the provisions of this Agreement. In this regard, the User agrees not to hold WGHN liable.

11.4. The User may not transfer their rights or obligations under this Agreement without prior written consent from WGHN. WGHN may transfer its rights under this Agreement without prior written consent from the User.

11.5. This Agreement shall be binding on the heirs, personal and legal representatives, successors in ownership, and permitted assignees (if any) of the User.

11.6. Any dispute or disagreement under this Agreement shall first be resolved through amicable negotiation. If no agreement is reached through such negotiation, the parties agree to submit the dispute or disagreement to the competent court in Hanoi (the place of performance of the Contract) for resolution.

11.7. WGHN's failure to exercise or apply any rights or measures it has under this Agreement or under legal regulations shall not be construed as WGHN waiving or limiting such rights or measures, and WGHN reserves the right to exercise those rights or measures at any time it deems appropriate.

11.8. Disputes between the User and third parties: WGHN has no relevant responsibility and only acts to support the User by providing the necessary information for the User and the third party to resolve the matter. The User and the third party must directly resolve all issues related to transactions between the User and the third party. In the event of complaints, disputes, refund requests, etc., WGHN has the full right to temporarily hold/freeze the relevant funds in the account until the issue is resolved or there is a final decision from a competent state authority.

11.9. WGHN's failure to exercise or apply any rights or measures it has under this Agreement or under legal regulations shall not be construed as WGHN waiving or limiting such rights or measures, and WGHN reserves the right to exercise those rights or measures at any time it deems appropriate.

By confirming/checking the box below, the User confirms that they have read, fully understood, and completely agree with the contents of this Agreement and agree to sign this agreement as an electronic contract between WGHN and the User.