USERS’ TERMS AND CONDITIONS
1. TERMS AND CONDITIONS
These Terms and Conditions are effective from 1 September 2016 for all customers.
2.1 These Terms and Conditions are a legally binding agreement between you (as customer), and TNG (Global) Limited (“TNGG”), the owner and operator of the Vina Wallet (“Vina Wallet”) or any product / consumer item incorporating its technology and any electronic wallet incorporating its technology, which will be refer to as “Vina Wallet,” “Vina Account” or “Vina System” below, in respect of the use of your Vina Wallet. “Vina Wallet” and “Vina Account” shall have the same meaning and be used interchangeably in these terms and conditions. By using Vina Wallet, you agree to be bound by these Terms and Conditions.
2.2 These Terms and Conditions explain TNGG’s obligations to you and yours to TNGG. While they apply to all TNGG’s main services, they may be complemented or changed by particular terms and conditions for certain services which you may use.
2.3 In these Terms and Conditions, the following words and expressions shall, where the context permits, have the following meaning:
- (a) “Authorised Cash Pick-up Point” is a Service Provider (defined below) that TNGG has authorised to offer the service of cash pick-up for you to receive and collect funds transferred to you from another TNGG Wallet overseas; and
- (b)“Service Provider” means any bank, financial services companies, money changers (bureaux de change), transport operators, retailers, entertainment/ recreation facilities providers, sports establishments, educational establishments, building access control providers, unattended services (such as vending machines/kiosks/photo booths/telephone booths) or other parties which offer their services to you with respect to your Vina Wallet, and are approved by TNGG. .
2.4 All Client Money recorded in TNGG’s records as referable to a specific mobile telephone number shall be deemed to be owned, at any time, by (i) the person who at that time is recorded in the relevant mobile telephone network operator’s records as the customer in respect of that number (for a contract customer) or (ii) the person whom TNGG identifies as the purchaser of the SIM card referable to that number, from the proof of purchase, or if such proof cannot be produced, in such other way as TNGG determines to be appropriate (for a customer linked to a prepaid SIM card).
3.1 TNGG offers a non-physical Vina Wallet which can be accessed through the downloadable mobile app. TNGG shall be entitled to assume that any instruction to deal with any Client Money belonging to you which is (i) received by TNGG through the mobile app and (ii) appears to TNGG to have been generated by a person having access to the mobile telephone number which TNGG’s records associate with you is an instruction given by you and can accordingly be acted on by TNGG, whether or not such instruction was actually given by you or any other person beneficially entitled to Client Money recorded by TNGG as belonging to you.
3.2 TNGG reserves the right to charge a reasonable fee for any of the TNGG notification service and other services TNGG provide to you.
3.3 You may receive transfer of money from another Vina Wallet. TNGG accepts no responsibility for any dispute arising from such money transfers between you and any transferee, or between you and any transferor, save for technical malfunctions of the Vina System which caused errors in such transfers, in which case, you should contact TNGG in accordance with Condition 7 immediately.
3.4 TNGG may offer rewards, promotions or special offers (collectively, “Promotions”) from time to time. Such Promotions are subject to terms and conditions imposed by TNGG relating to the Promotions, and TNGG reserves the right to final decision in the event of all disputes or disagreements.
4. OBTAINING AND USING YOUR VINA WALLET
4.1 To use TNGG’s service, you will need to download the Vina Wallet mobile app from Apple App Store or Google Play Store:
- (a) The Vina Wallet will be paired with the mobile device and the mobile number therein used to download the app;
- (b) Users must provide a valid mobile phone number issued in your country;
- (c) Verification of download and registration will be conducted through both the unique device identity number and the SIM card used; and
- (d) Each mobile device and each mobile number can only be used once for registration of a Vina Account.
4.2 A valid Vina Account means a genuine Vina Wallet or product:
- (a) which has not been tampered with; and
- (b) which you have lawfully downloaded.
4.3 TNGG may, from time to time, impose limitations on the maximum allowable amount for transactions (including for discreet/individual transactions or a series of transactions in aggregate) over any given period of time in compliant with TNGG’s internal procedures to satisfy any rules, statutes, legislation or orders governing stored value facility providers or to comply with any anti-money laundering and counter-terrorism financing regulations and legislation, including the rules and regulations relating to anti-money laundering and counter-terrorist financing.
5. YOUR OBLIGATIONS IN USING YOUR VINA WALLET
5.1 You should take good care of your Vina Wallet to prevent it from unauthorised use or from being tampered with.
5.2 You must not use, or allow anyone to use, your Vina Wallet for any illegal purposes.
5.3 You must not tamper with the Vina Wallet (including, but not limited to, the software, applications, functions, features and the data recorded on the Vina Wallet) in any way. TNGG shall not honour transactions, if applicable, if your Vina Wallet has been tampered with.
5.4 TNGG has the right to recover reasonable costs, expenses, losses and damages suffered or incurred by TNGG as a result of your altering or interfering, or allowing a third party to alter or interfere, with the data on your Vina Wallet.
5.5 TNGG will ask you for co-operation with TNGG and, if appropriate, the police, in investigating any possible or suspected unauthorised use, or in resetting your Vina Wallet if it is hacked or tampered with, or if TNGG has reasonable grounds to suspect suspicious behaviour or usage pattern, or as required by prevailing law.
5.6 TNGG’s staff and authorised representatives of TNGG’s approved Service Providers shall have the right to inspect your Vina Wallet, including the data in that Vina Wallet, at any reasonable time.
6. PROPER USE OF YOUR VINA WALLET
TNGG shall not be responsible for any personal injury and/or property loss or damage caused as a result of your inappropriate or unauthorised use of your Vina Wallet.
If your Vina Wallet malfunctions due to no fault of yours and you have not tampered with it in any way, you should contact the TNGG by email at firstname.lastname@example.org.
8. CANCELLATION OF YOUR VINA WALLET
8.1 You may cancel your Vina Wallet if it malfunctions, as described in Condition 7, or at anytime.
8.2 TNGG reserve the right to request information (including personal data), investigate (for which TNGG may charge a reasonable fee) and decline at TNGG’s sole discretion multiple, high value or repeated refund requests from an individual or organisation.
9. INACTIVE VINA ACCOUNTS
If you have not added value to your Vina Wallet for a period announced by TNGG from time to time, TNGG will, for your own and TNGG’s protection, deem your Vina Wallet to be no longer in use, and TNGG will deactivate your Vina Wallet. If you want to re-activate your Vina Wallet subsequently, TNGG may charge you a reasonable fee for the re-activation which could vary depending on the length of the inactivity period. Further details are set out in Schedule of Fees and Guidelines, which can be obtained from our website at www.vinawallet.com.
10. PERSONAL INFORMATION COLLECTION STATEMENT RELATING TO YOU (THIS “NOTICE”) IN ACCORDANCE WITH PERSONAL DATA OR PRIVACY LEGISLATIONS (THE “LEGISLATIONS”) IN YOUR COUNTRY
10.1 The Legislations may have provisions that govern the collection, holding, processing and use of your personal data and other information that TNGG may collect from time to time (the “Data”). The Data shall include transactional records (meaning the transaction data which TNGG receives from any channel in respect of the use of your Vina Wallet) to the extent that those transactional records are considered “personal data” under the Legislations. This Data is to enable TNGG to provide the Vina Wallet and other related services to you.
10.2 Purpose: You agree that your Data may be used by TNGG for:
- (a) processing an application for TNGG services offered to you from time to time;
- (b) management, operation and maintenance of the Vina System, including audit, and exercising TNGG’s and your rights under these Terms and Conditions;
- (c) designing new or improving existing services provided by TNGG, and TNGG’s subsidiaries and affiliates (that is, TNGG’s direct holding company and its subsidiaries);
- (d) communication by TNGG to you;
- (e) investigation of complaints or suspected suspicious transactions (whether in relation to a Vina Wallet or product carrying or incorporating a Vina Wallet), and research for service improvement;
- (f) prevention or detection of crime; and
- (g) disclosure as required by law, rules, regulations, codes or guidelines.
10.3 Transfer: Your Data will be kept confidential by TNGG, but you agree that for the purposes set out herein, TNGG may transfer or disclose such Data to the following parties:
- (a) TNGG’s agents or contractors under a duty of confidentiality to TNGG who provide administrative, telecommunications, computer, payment, data processing or other services to TNGG in connection with the operation of TNGG’s business (such as professional advisors, call centre service providers, debt collection agencies (in the event you owe TNGG any money), courier, gift redemption centres or data entry companies);
- (b) TNGG’s subsidiaries and/or its affiliates which owe a duty of confidentiality to TNGG; and
- (c) Any law enforcement agencies and/or regulatory bodies for compliance with applicable laws, rules, regulations, codes and/or guidelines and/or any person or entity to whom TNGG, its subsidiaries and/or affiliates are under a binding obligation to make disclosure under the requirements of any law, rule, regulation, code and/or guideline and/or order of any competent court of law, law enforcement agencies and/or regulatory bodies, but such disclosure will only be made under proper authority.
10.4 Access: You have the right to:
- (a) check whether TNGG holds your Data and to have access to that Data;
- (b) require TNGG to correct any Data which is inaccurate; and
- (c) ascertain TNGG’s policies and practices in relation to the Data and to be informed of the kind of Data held by TNGG.
10.5 TNGG reserves the right to charge you a reasonable fee for complying with any request for access to your Data.
10.6 Any Data access request should be made in writing to:
The Data Protection Officer
TNG (Global) Limited
9/F Olympia Plaza
255 King’s Road
11. TRANSACTION RECORDS
The transaction records of your Vina Wallet will be safely kept by TNGG. Transaction records mean all the transaction data which TNGG receives from its system, TNGG readers and/or from other channels in respect of the use of your Vina Wallet. The transaction records could be provided upon your request (administrative fee will be charged) through phone, email and/or other channels. TNGG will only disclose any of your transaction records to:
- (a) the relevant Service Providers which are under a duty of confidentiality to TNGG;
- (b) satisfy a search warrant or an order by a competent court of law or a relevant regulatory body that TNGG is required to comply;
- (c) any other parties which are under a duty of confidentiality to TNGG, in order for TNGG to maintain the normal management, operation and maintenance of the Vina System;
- (d) any agents, contractors or third party service providers which are under a duty of confidentiality to TNGG and which provide administrative, telecommunications, computer, data processing or other services to TNGG in connection with the operation of its business; or
- (e) any other person under a duty of confidentiality to TNGG including its subsidiaries, affiliates or its business partners for the purposes outlined in this Condition 11.
12. NEW AND ADDITIONAL SERVICES
TNGG may provide you with new or additional services associated with your Vina Wallet from time to time, and these new services will be governed by the terms and conditions herein or as amended from time to time for the respective services.
13 FEES AND CHARGES
TNGG’s fees and charges are available on our website or from TNGG’s Authorised Distributors. For details, please refer to TNGG’s Schedule of Fees and Guidelines which can be obtained from our website at www.vinawallet.com.
14. CHANGES IN THESE TERMS AND CONDITIONS
14.1 TNGG may amend these Terms and Conditions by publishing a notice of the change(s) in one English language newspaper and one newspaper in your national language, and/or on our website www.vinawallet.com if such change(s) affect(s) the fees and charges, and the liabilities or obligations of existing customers.
14.2 The change(s) shall take effect on the date of publishing such notice in the newspapers and/or on Our website www.vinawallet.com, or when you accept an upgrade or update of your TNGG mobile wallet upon logging on.
14.3 The change(s) will apply to you unless your Vina Wallet is cancelled before the change(s) take(s) effect.
14.4 A copy of the latest version of these Terms and Conditions is available on our website www.vinawallet.com or from TNGG’s designated Authorised Distributors upon request.
15. GOVERNING LAW
These Terms and Conditions shall be governed by the laws of Vietnam.