TERMS OF CONDITIONS
AND REFUND OF PRODUCTS AND SERVICES
Pursuant to the Enterprise Law No. 59/2020/QH14 dated June 17, 2020 of the Socialist Republic of Vietnam;
Pursuant to the Law on Information Technology No. 67/2006/QH11 dated June 29, 2006 of the Socialist Republic of Vietnam;
Pursuant to the Law on Protection of Consumer Rights No. 59/2010/QH12 dated November 17, 2020 of the Socialist Republic of Vietnam;
Pursuant to the Law on E-Transactions No. 51/2005/QH11 dated November 29, 2005 and Decree No. 52/2013/ND-CP dated May 6, 2013 of the Socialist Republic of Vietnam;
Pursuant to the Cyber-security Law No. 24/2018/QH14 dated June 12, 2018 of the Socialist Republic of Vietnam;
Pursuant to Article 38 of the Civil Law No. 91/2015/QH13 dated November 24, 2014 of the Socialist Republic of Vietnam;
Pursuant to the Commercial Law No. 36/2005/QH11 dated June 14, 2005 of the Socialist Republic of Vietnam;
Pursuant to Decree No. 72/2013/ND-CP dated July 15, 2013 of the Socialist Republic of Vietnam and other provisions of law related to business activities of digital products and online services;
Article 1. Subjects of regulation:
- Peoples who are allowed to sell and exchange products and services are staffs of Funny Dev Digital Solutions Joint Stock Company and partners licensed to sell products and services (hereinafter referred to as "Salesman" for short).
- Peoples who are allowed to buy software, request to exchange or return products and services, use computers, phones, tablets... to access, shop, and use the Company"s services and products of Funny Dev Digital Solution Joint-stock Company with paid fees (products, digital content services) or buy computers, phones, electronic components... (non-digital products and services) at stores Official store of Funny Dev Digital Solutions Joint Stock Company (hereinafter referred to as "customer").
Article 2. Who sell and return products and services:
- Funny Dev Digital Solution Joint Stock Company (Tax code 5702056524; hereinafter referred to as "Funny Dev").
- Head office: No. 2 Tran Nhan Tong Street, Thanh Son Ward, Uong Bi City, Quang Ninh Province, Vietnam
Article 3. Peoples who directly sell and return products and services:
- Funny Dev"s staffs and officers have been trained and allowed to sell, support, and warranty products and services, because Funny Dev is responsible for the internal management and management of all staffs. Represented in the process of selling, supporting and guaranteeing products and services to customers.
- Funny Dev"s salesman are people who licensed by Funny Dev to sell or support products and services. Because Funny Dev has a direct profit discount on each product and service for salesman, the selling price of salesman is not allowed to be higher than the price listed by Funny Dev on the website or information channels. The salesman are take self-responsibility for the process of selling, supporting and guaranteeing products and services to customers.
- In addition, no one is allowed to illegally resell products and services of Funny Dev.
Article 4. Collecting customer"s"information during use or process of requesting products, services, payment or requesting support and warranty:
Funny Dev uses personal information (full name, email address, phone number, billing address in billing), browser cookie information (during use at websites that managed by Funny Dev) and computer information using Funny Dev"s products and services (computer name, computer type and public IP address - Public Internet Protocol) voluntarily provided by the customer (after being confirmed by the customer) to Funny Dev to:
- Confirm the payment and approval for orders placed by customers on Funny Dev"s online stores.
- Implement advertising campaigns to customers in need through behavioral analysis and customer information.
- Send notifications about Funny Dev products as well as activities related to customers.
- Serving the copyright authentication system for using Funny Dev products and services on customer"s computers.
- Contact with customers in special cases.
- Do not arbitrarily disclose customer information or illegally use customer information unless requested by competent authorities such as Court, Procuracy, Police...
Article 5. Scope, principles of customer information collection, location and time of keeping customer information:
- User information is stored on Funny Dev"s server located at Google Cloud, secured by famous and prestigious technologies from international partners such as: Defiant Corporation, CloudFlare Corporation, Google Cloud Armor ... Only staffs of Funny Dev have authorized access to use user information.
- Sensitive information such as passwords, online payment methods... of customers are stored in encrypted form (hash) and cannot be directly identified.
- Funny Dev keeps customer information for at least 01 month from when the customer starts using Funny Dev"s services.
Article 6. Scope and principles of finding customers:
- Funny Dev through Funny Dev"s official information channels on social networking platforms such as Facebook, Youtube, Tiktok... and search platforms like Google, Bing, Yandex... to find customers by the official advertising methods of those platforms and introduced through the salesman of Funny Dev.
- In addition, Funny Dev does not adopt any unorthodox, illegal or fraudulent methods to find customers.
Article 7. Commitment to ensure payment safety and confidentiality of customer information:
- Do not use, transfer, provide or disclose to third-party for customer"s information unless otherwise agreed by the user or as otherwise provided by law.
- In case the server storing user information is hacked, Funny Dev is responsible for reporting to the relevant authorities in the field with State management authority, quickly defending, troubleshooting and warn customers of these risks.
- Secure, encrypt sensitive user"s information such as passwords, payment methods... Do not store the original data (raw) anywhere.
- Funny Dev requires customers that using products and services to provide full information and be take self-responsibility for the legality of this information or the purpose and process of using products and services by Funny Dev. Funny Dev has the right to waive responsibility for receiving, handling complaints and allegations related to user interests in case customers intentionally provide false, fraudulent or harmful information to Funny Dev, or breaking the law.
- Funny Dev is always interested in customer"s information security and has cooperated with many famous international partners to do this well. However, Funny Dev also requires customers to raise their awareness of vigilance and protect against the risks of information disclosure, leakage, counterfeiting and fraud.
Article 8. Principles of buying and selling products and services:
- Strictly comply with the provisions of the Law on Enterprises, the Law on Protection of Consumer Rights, the Law on E-Transactions, the Law on Cyber-security, Article 38, the Civil Law, the Commercial Law and other regulations of laws related to business activities of digital products and online services.
- For company provide and selling (Funny Dev):
+ Follow the written instructions for the sale, support and warranty of Funny Dev"s products and services.
+ The selling price is publicly listed on Funny Dev"s website and official channels. Staffs and officer of Funny Dev licensed to sell must accurately notify the prices of products and services; Contributors licensed by Funny Dev not sell for more than the listed price.
+ Before selling to customers, they must clearly announce to customers of the status of products, services, and selling prices. Provide sufficient information in text, images and videos for customers to grasp an overview of the products and services that they need and want to buy before paying. And announce to customers about the non-refundable for digital product and service purchases.
+ All payment transactions must be notified to customers to transfer to Vietnamese bank accounts, foreign banks or other electronic financial services with information of Funny Dev or members of the Board of Directors of Funny Dev or members of the Board of Directors of Funny Dev. Officers, staffs and salesman are not allowed to arbitrarily use personal accounts or other payment methods without the permission of the Board of Directors. Funny Dev up to now has not had a policy to use online payment methods, so Funny Dev recommends that customers before any online transactions have to check carefully. To avoid that bad actors using fake website tricks (phishing) to steal information. Funny Dev"s website uses Comodo EV Business SSL service provided by Nhan Hoa Software Company, customers need to check carefully before paying, using products and services.
+ Arrange for customers to try products and services on Funny Dev"s own computer system to test products and services. For customers who want to test on other computers before paying, need to charge a daily service fee.
- For customers (personal and organizations):
+ Be provided by the seller with all the contents as specified above.
+ Learn more carefully about Funny Dev"s products and services, can test before buying and must be sure carefully before deciding to buy Funny Dev"s products and services because there will be no refund for the digital products and services.
+ Learn more about the regulations, policies and terms of Funny Dev related to customers, users are publicly listed on the website (home page and payment page, customers are forced to click agree to the regulations) , policies, these terms can buy products and services) and official information channels.
+ Make a minimum payment of 30% (deposit) for the new design of digital content products and services at the time of signing the contract (written or electronic) and pay the rest at the time of signing the contract or acceptance test (if any). Other provisions are subject to agreements in product and service design contracts.
+ Pay 100% (in full) for available digital content products and services or non-digital content products and services at the time of purchase.
+ Do not arbitrarily resell Funny Dev"s products and services to others or provide these products and services to many people (community) for the purpose of affecting the image, finance, products, Funny Dev"s service.
Article 9. Principles of product and service support and warranty:
Pursuant to Policy No. 03/CS dated 30/11/2021 of Funny Dev on product and service support and warranty; With the criterion as "Customer is God" as the center, the support and warranty of products and services of customers is free within working hours and the employees are responsible for fully absorbing the feedback of customers with the most polite, gentle and demanding attitude.
Article 10. Principles of product and service exchange, return and refund:
- No refund (pay) for digital content products and services (digital product, digital service) since the information on using the product or service (product copyright activation code, source code, translation) services...) are sent to customers via email, customer accounts on the website, via Facebook, Telegram... or directly.
- Allowing to change (change) to products and services of equivalent or higher price (additional money) for digital content products and services (one time only).
- 100% refund (paid) for products and services that are not digital content in the first 03 days from the time of purchase of products and services.
- It is allowed to change to products and services of equal or higher price (extra money) for products and services other than digital content within the first 07 days from the time of purchase of products or services.
- Except for some special cases based on contracts with customers, separate agreements from before paying for products or services or specifically decided by the Company"s Director, Funny Dev will refund up to 50 % value of contracts, products and services.
That is the Policy of Sales and Return of products and services of Funny Dev Digital Solutions Joint Stock Company, which is publicly listed on Funny Dev"s websites. So, Funny Dev would like to announce to all customers.