THE AGREEMENT ON SERVICES SUPPLY AND USE ON THE WEBSITE
The Agreement On Services Supply and Use On The web
https://oncall.vn (referred to as
"Agreement") is the legal agreement between FPT
International Telecom Company Limited (referred to as "FPT") and
the customers using service on
https://oncall.vn (referred to as
I. Term of use
In order to access and use the services on
https://oncall.vn (referred to as
"FPT Oncall"), Users shall agree and comply
with these terms under this Agreement.
When accessing and using FPT Oncall by any method
(e.g. computer, cellphone, television, or any other devices
connected internet), Users shall comply with this Agreement.
To comply with the legal regulations, the terms herein may
be updated or edited at any time without prior notice to the
Users. FPT will publish such update or edition on the
II. Prohibited actions in using FPT Oncall
To use FPT Oncall, Users shall not implement the
Take advantage of FPT Oncall to collect, publish
information or data about the private life of other User.
Name the Users according to the name of the luminaries,
leaders of the Party and State, individuals, organizations
relating to crime, reactionary, terrorism or having the
meaning which is not wholesome or against with the
traditions and customs.
Prohibit the promotion of any product in any forms,
including but not limited to, send, and transmit any message
relating to promotion, invitation, chain letter, investment
Illegally impede, disturb, destroy the host system; hinder
the information access and the use of legal website on
Illegally use password, cryptographic key of organization or
individual, private information, personal information and
Use directly or indirectly any device, software, internet
website, or other means to remove, change, ignore, evade,
obstruct, or destruct any copyright, trademark, or other
signs of proprietary rights, which are marked on the content
(for instance, logo) or any other data control systems,
devices, content protection method, as well as measures of
access limitation from the different geographical regions.
Directly or indirectly, through any device, software,
internet website, or other means to copy, download, capture,
reproduce, duplicate, store, distribute, upload, publish,
modify, translate, broadcast, presentation, display, sell,
transmit or retransmit the content.
Produce, reproduce, distribute or advertise a part or all of
any content without FPT’s consent. User is not allowed to
build the business model, which use the content, whether it
makes a profit or not. The content mentioned on
https://oncall.vn includes but not limited any text,
graphics, images, layout, interface, icons, photographs,
documents, audio, video and still image. In addition, we
strictly prohibit from creating the derivative products or
materials, which are derived from or based on any content
including montages, making of similar video, wallpaper,
computer theme, greeting card, and commodities.
Counterfeit other organization, individual and spread the
false information on the website
https://oncall.vn, which violates the legal rights
and interests of such organization, individual.
Creat the illegal link to the domain of other organization
and individual. Create, install, spread malicious software,
computer virus; illegally access, take control of
information system, set up attacking tools on the Internet.
Do not use any programs, tools or other means to interfere
the system of FPT Oncall.
Do not have any action to access illegally or find the ways
to access illegally or damage the host system of FPT.
Users are solely responsible for their illegal action(s) under
III. Limitation of liability
If there is risk, damage arising from force majeures,
including but not limited, electrical fire, damage of
hardware, software, internet traffic incidents or natural
disasters and so on, Users have to accept risks and damages
(if any). FPT commits to make the best effort for reducing
such risk, damage, but FPT does not take any liabilities in
FPT's liability for any damage or loss which is suffered by
the Users shall not exceed the total amount of the money
that FPT received from Users to use
FPT Oncall service.
In the maximum permission of laws, Users agree to defend,
compensate and hold harmlessly for FPT, legal entities of FPT’s
subsidiary, representative directors, officers, employees and
agents from and out of a part and/ or whole of, claims, actions,
suits or procedure, as well as liabilities, damages, losses and
costs (including attorney’s fees), araising from or relating to
FPT Oncall use or violation under this Agreement of the
V. Rights and obiligations of Users
To use the website https://oncall.vn, Users shall be
guaranteed the following interests:
Rights of Users:
Right to request the Board of administration to
verify the information to resolve the dispute during
the deployment and use of information and utilities
Be kept the confidential information about Users.
Obiligations of Users:
Comply with regulations under this Agreement and the
relevant regulations of laws.
Take responsibilities for content which is storage,
provided, spreaded on FPT Oncall
website, spreaded through any direct links
established by Users.
Be responsible for keeping the confidential
information about account, if such information is
disclosed by any ways, Users shall be responsible
for the incurred risks. FPT will base on the
existing information in your account to decide the
account holders if there is the dispute and FPT
shall not be responsible for any incurred damages.
Users agree to immediately notify to FPT about any
case to use illegally Users’s account and passwords
or have any action about breaking up the security
system. Users are fully responsible for keeping the
confidential information about username and
password. For reasons of privacy and prevention of
the unauthorized access, Users shall log out of our
website in accordance with the procedure after each
time of use. In all cases, FPT shall not be
responsible for any damages or losses of any arising
problems and/or impact by the Users and/or result of
access and/or use FPT Oncall service
illegally of the third party.
If Users detect the fault from FPT, please notify to
FPT via the following address:
Users may be fined for the administrative
violations, prosecuted for criminal liabilities if
Users infringe the copyright, related rights
regarding to use of this FPT Oncall website.
Users shall comply with the prohibited actions;
exchange content, provided information which is
stipulated in this Agreement.
Comply with the other rights and obiligations under
VI. Rights and obiligations of FPT
Rights of FPT
Provide the information of Users in case that there
is a request of the competent authorities.
Apply the sanctions stipulated under this Agreement.
Obiligations of FPT
Take responsibilities for supporting the account
holders in the process of using
FPT Oncall service.
Take responsibilities for ensuring the confidential
private information, personal information of Users,
inform Users about the rights, obiligations and
risks when storing, exchanging and sharing their
Ensure the right of the Users to allow their
personal information to be provided to other
organizations, enterprises and individuals.
Receive and resolve the complaints of customers
during the period of FPT Oncall
service usage, however, FPT only support, receive
and settle such complaints for the registered
accounts with full, true and accurate information.
VII. Information Collection
Personally Identifiable Information
In the course of using the FPT Oncall of FPT,
FPT might ask User to provide us with certain
personally identifiable information that can be used
to contact or identify you (“Personal Information”).
Personal Information may include, but is not limited
to, your name, country of residence, email address
and website address.
Non-Personally Identifiable Information
When Users use the FPT Oncall (whether such
use is performed on the computer, laptop, telephone,
Internet TV, on the Website or on a website of one
of our partners or other third parties), FPT
collects information regarding User’s use on the
websites, and information that your browser sends
whenever you visit a site or online service,
including, without limitation, your computer's
Internet Protocol (IP) address, browser type, the
web page you were visiting before, and information
for which you search.
When Users use a widget or any other tool offered by
FPT, whether on the computer, laptop, telephone,
Internet TV, on the Site or on a third party
website, including a website owned or operated by
Users, FPT may record data related to that activity,
the deployment of the widget or tool and any other
account related data.
Like many websites, FPT use “cookies” to collect
information. A cookie is a small data file that FPT
transfer to your computer's hard disk for
record-keeping purposes. You can instruct your
browser, by changing its options, to stop accepting
cookies or to prompt you before accepting a cookie
from the website you visit. If you do not accept
cookies, however, you may not be able to use all
portions of the webite or all functionality of the
FPT may present links in a format that enables FPT
to keep track of whether these links have been
FPT are concerned with safeguarding your information. FPT
employs a variety of safety measures designed to protect your
information from unauthorized access and disclosure. However,
FPT cannot guarantee that your personal information or private
communications will always remain private and secure.
IX. International Processing or Transfer
Your information may be processed or transferred outside of
Vietnam, where the privacy laws may not be as protective as
those in Vietnamese jurisdiction.
FPT reserve the right to disclose any information obtained by
FPT, including but not limited to Personal Information and Non
Personally Identifiable Information, (i) if required by law or
by any governmental authority; or (ii) in case of emergency; or
(iii) to a successor entity in connection with a merger,
acquisition, bankruptcy or sale of all or substantially all of
FPT reserves the right to modify the website without prior
notice, and the Agreement shall govern the use of
FPT Oncall, at any time, including but not limited
to, charges about access and/or use of FPT Oncall
service. FPT also reserve the right to terminate any or a
part of the FPT Oncall’s application cautiously at
any time without prior notice.
b. The failure of either party to exercise or enforce any
right or provision of this Agreement does not constitute a
waiver of such right or provision or affect to the validity
of a part or entire of the Agreement.
The provisions of this Agreement are independent of and
severable from each other. If any provision is found to be
invalid or unenforceable for any reason, that provision
shall be deemed modified to the extent necessary to make it
valid and operative, or if it cannot be so modified,
eliminated, and the remainder of the Agreement shall
continue in full force and effect as if this Agreement had
been signed with the invalid portion so modified or
Users waive trial by jury in any action between both
parties. This Agreement and the relationship between Users
and FPT under this Agreement shall be governed by the
Vietnamese laws. Users and FPT agree to choose the
International Arbitration Centre Vietnam (VIAC), under its
Commercial Arbitration Rules to settle any dispute arising
out of this Agreement.
This Agreement shall be binding on Users from the time that
User agrees this Agreement when registering its account.