These Terms of Use are effective as of September 10, 2024.
1. Purpose
These Terms and Conditions of Use (“Terms of Use”) set forth the terms and conditions for the use and operation of “PePe Lite” through the mobile and PC applications (collectively referred to herein as the “Application”).
2. Definition
The terms and definitions of these Terms of Use shall have the meanings assigned as follows:
2.1 “User” means the person signing the User Agreement and using the Application.
2.2 “Usage Agreement” means the contract between the Company and the User regarding the use of the Application.
2.3 “Password” is a combination of letters and numbers set by the User to protect the User's rights and privacy and used to confirm the User's identity by matching it with the account provided by the User.
2.4 “Services” refers to all services provided by the Company through the Application.
3. Effectiveness and Changes to Terms of Use
3.1 These Terms of Use shall come into effect when the Company notifies the User of these Terms of Use by posting them on the Company's Application or by using other methods (via text message, email, SMS, etc.) and the User indicates his/her consent. Membership registration is a necessary procedure to use the Special Services and whether or not the User has registered as a member does not affect the validity of these Terms of Use.
3.2 The Company may amend these Terms of Use, if necessary, within the scope of not violating relevant laws and regulations. In such case, the Company will notify in the manner prescribed in Article 3.1. or send separate notices to the Users, regarding both the previous version and the revised version of the Terms of Use, the effective date and the reason for the amendments within a period starting seven (7) days before the effective date and ending one (1) day before the effective date. However, any changes to the User's material rights or obligations will be notified or notified to the User thirty (30) days before the effective date in the manner prescribed above.
3.3 The User shall be deemed to have accepted the amended Terms of Use in the event that the User does not expressly reject the amendment within the above-mentioned period, even after the Company has published or notified the User of the amended Terms of Use in accordance with Article 3.2, stating that the User shall be deemed to have accepted the amended Terms of Use without the User expressly rejecting the amendment before the effective date of the amendment. The User who does not accept the amended Terms of Use may not be able to use the Service, and the User may suspend the use of the Service and terminate the User Agreement within the above-mentioned period.
4. Privacy Policy and Operating Policy
4.1 User's personal information will be processed and protected in accordance with relevant laws and regulations as well as the Company's privacy policy.
4.2 The Company may publish its own operating policy if necessary. In the event that such operating policy overlaps with these Terms of Use, the operating policy shall prevail.
5. Acceptance of the Terms of Service
5.1 The Service Use Agreement shall constitute a legally binding contract when the person wishing to become a User applies to use the Application by indicating his/her agreement to these Terms of Use and the Company accepts the User's application. The Company's acceptance shall be stated by indicating that the use of the Service is possible.
5.2 The Company may reject the applicant's application or cancel the acceptance of use in the following cases:
A. The applicant does not use his/her real name or use the name or other information of a third party;
B. Applicant is under 14 years old;
C. The applicant has provided false information in the application or failed to meet the requirements of the application;
D. The Applicant attempted to use the Service by an unauthorized route or a roundabout route in a country where the Company does not provide the Service;
E. The applicant has attempted to register for purposes prohibited by relevant laws and regulations or for other wrongful purposes such as those that undermine public order or social norms;
F. The Applicant has attempted to use the Service for profit;
G. The Applicant is reapplying after being terminated from the Service for violating these Terms of Use.
H. There are other reasons equivalent to any of the items in this paragraph that make the Company consider it inappropriate to accept the User's application.
5.3 The Company may suspend acceptance of a User's application in any of the following cases until the cause is resolved.
A. The Company's facilities are inadequate in size, unable to support a particular mobile device, or have technical difficulties;
B. There is a problem with the Service or the Service payment method;
C. There are other reasons equivalent to any of the items in this paragraph that make the Company consider it inappropriate to accept the applicant's application for employment.
6. Membership application form
6.1 Users may register for membership to use the special Services provided through the Application. The member applicant applies for membership by providing all the information requested during the registration process in the Application and the registration is complete when the Company indicates that the Company has completed the registration process.
6.2 The Company may refuse or cancel membership registration for the reasons set out in Article 5.2 of these Terms of Use and may suspend acceptance for the reasons set out in Article 5.3 of these Terms of Use until the reason is resolved.
6.3 Users who do not provide true and authentic information, i.e. by stealing other people's information or entering fraudulent information, will not have the right to claim any rights related to the use of the Application and may be punished according to relevant laws and regulations.
7. Obligations of the Company
7.1 The Company shall comply with the obligations prescribed by relevant laws and regulations as well as these Terms of Use in good faith.
7.2 The Company will use its best efforts to repair or restore without delay any physical errors or data loss/damage that may occur during the improvement of the Service in order to provide the Service more continuously and stably, unless there are unforeseen circumstances such as force majeure events, emergencies or errors/defects for which there is currently no feasible technological solution.
8. User Obligations
8.1 Users must comply with these Terms of Use. Users may NOT:
A. Use fraudulent information or information of another person when registering or using the Service or registering for membership;
B. Use another User's account without the Company's consent;
C. Payment using illegal payment methods, such as using other people's credit cards, phones, bank accounts, etc.
D. Change information posted by the Company or cause disruption to the Service;
E. Collect, store, post, distribute or otherwise use other Users' personal information or account information without consent;
F. Copy, disassemble, imitate or otherwise modify the Service through reverse engineering, decompiling, disassembly or any other means;
G. Grant access to the Service to a third party, i.e. lend or transfer your account to a third party;
H. Infringe upon the personal or intellectual property rights of the Company and/or third parties, including portrait rights, name rights, publicity rights and copyrights;
I. Damage the reputation of the Company and/or third parties or interfere with the business operations of the Company and/or third parties;
J. Impersonate any employee or other affiliated party of the Company;
K. Posting indecent information such as messages, videos, audio or content that is vulgar or violent, or posting information that may cause other Users to feel disgusted or anxious, or posting links to such information on the Application;
L. Posting the same or similar content or meaningless content multiple times to flood the forum;
M. Use the Service for purposes other than those specified without the Company's consent, such as for profit, promotion, advertising, publicity, political activities or election campaigns, etc.;
N. Copy, distribute, promote or commercially use any information obtained by using the Service without permission, use the Service by exploiting known or unknown bugs;
O. Taking advantage of deceiving others;
P. Cause damage to others in connection with the use of the Service;
H. Any other conduct that violates relevant laws or is contrary to good customs or other social norms.
8.2 The User is responsible for managing his/her account and mobile device and must not allow others to use them. The Company is not responsible for any damage caused by mismanagement of the mobile device or allowing others to use the account or mobile device.
8.3 Users must set up and manage security functions such as payment passwords to prevent illegal payments on each open market. The Company is not responsible for any damages caused by the User's negligence.
9. Service Provision
9.1 The Services shall be available for use 24/7 without holidays or downtime unless for technical or operational reasons.
9.2 The Company may temporarily suspend the provision of the Service without prior notice or notice in the event that:
A. Emergency system inspection, expansion, replacement, failure or malfunction;
B. National emergencies, power outages, natural disasters or other equivalent force majeure events;
C. Suspension of telecommunications services of telecommunications business entities with infrastructure regulated under the Telecommunications Business Act; or
D. Service interruption due to capacity overload, etc.
9.3 In the event that the service is suspended due to any of the items in the previous terms, the Company will notify such suspension in advance on the Application. However, in the event that the service is suspended due to reasons beyond the Company's control and therefore cannot be notified in advance, such cases will be notified later.
10. Changes and Suspension of the Service
10.1 The Company may change the Service for operational and technical purposes to provide better Service. In the event that the Company modifies the Service in a manner that results in the deletion of part of the Service, the Company will notify the User of such changes prior to the effective date of the change on the Application.
10.2 The Company may suspend the entire Service in cases where the Company cannot continue to provide the Service due to business suspension such as transfer, separation, merger; expiration of the contract signed with a third party to provide the Service; or important management issues such as a sharp decline in the Service's profitability. In such cases, the Company will notify the User of the suspension of the Service on the landing screen of the Application or the linked page, stating the date and reason for the suspension, thirty (30) days before the suspension date and notify the User in the manner specified in Article 20.
11. Paid Services
11.1 A Paid Service Contract is established when the Company accepts payment by displaying a notification such as 'payment completed' or 'subscription completed' on the Application, after the User clicks on the button to subscribe to paid services such as 'Payment' or 'Subscription' in the Application, and then makes payment according to the policy or method set by the payment method provider selected by the User. The Company provides the Paid Service purchased by the User from the time of payment unless otherwise specified.
11.2 In case of regular payments, the Company shall notify on the Application that the payment is a regular payment and the regular payment shall be made on the same day as the first payment made via the payment method of the User's first payment (if the particular month does not have such a day, then it shall be made on the following day).
11.3 The term of use of the Paid Service or content purchased by the User shall be for the term specified at the time of purchase. However, if the Service is suspended due to Article 10.2., the term of use of the Paid Service or content without a fixed term shall be until the date of discontinuation of the Service notified in the notice of suspension of the Service.
11.4 If payment is made in foreign currency, the actual amount charged may differ from the amount displayed due to exchange rates and fees.
12. Cancel order
Users who have signed a Paid Service Agreement with the Company may cancel their orders within a specific period as prescribed by relevant laws and regulations. However, if the Paid Service includes a Service for which the order cannot be canceled as prescribed by the Consumer Protection Act in E-Commerce, etc., the Company shall take the necessary procedures as required by relevant laws to restrict the right to cancel the order.
13. Refunds for Subscription Services
13.1 When the User requests a refund of the subscription service fee, the Company will deduct the amount multiplied by the daily fee and the number of days used (from the payment date to the refund request date) from the total amount paid by the User and refund the remaining amount.
13.2 If the subscription service for which the User has signed a contract is a service that applies a discount based on the contract term, the daily fee according to Article 13.1 shall be charged without applying the discount. However, if the discount rate is different depending on the contract term, the short-term discount rate shall apply if the User has signed a long-term content usage contract and terminates the contract after the contract term for the short-term discount rate has expired.
14. Restrictions on Use of Service
14.1 The Company may restrict the User from using the Service in the event that the User violates the obligations in these Terms of Use or disrupts the smooth operation of the Service.
14.2 In the event that the Company restricts the User from using the Service in accordance with the previous regulations, the Company will notify the User of:
A. Reasons for restriction;
B. Details of the restriction; and
C. Appeal procedure.
14.3 In the event that the User wishes to appeal the Company's decision to restrict, the User must send an appeal letter stating the reasons for the appeal to the Company in person, via email or other equivalent means within fourteen (14) days from the date the User receives the Company's notice of suspension.
14.4 The Company shall respond to the reasons for appeal in the appeal letter by hand delivery, email, in-App message or other equivalent method within fourteen (14) days from the date the Company receives the appeal letter as previously prescribed. However, if the Company finds itself in a difficult situation to respond to the appeal letter within the above-mentioned time period, the Company shall notify the User of the reason for the delay and the expected time period.
14.5 In the event that the Company finds the grounds for complaint valid, the Company will take appropriate measures.
15. Data Management
15.1 The Company shall be responsible for the management and operation of data and content on the Application. Upon identifying or receiving a report of inappropriate data or content, the Company shall remove such data or content and notify the User who posted such data or content. Invalid data in these Terms of Use refers to data or content that:
A. Insult other Users or third parties or damage their reputation;
B. Distribute or provide links to content that undermines public order or social norms;
C. Promote copyright infringement or hacking;
D. Constitutes advertising for profit;
E. Objectively recognized as being involved in criminal activity;
F. Infringe the copyright or other rights of another User or a third party; or
G. Including other acts determined to have violated these Terms of Use or relevant laws and regulations.
15.2 The User is responsible for the content, posts, photos and other data that the User posts on the Application (“User Generated Data”). The User may not post any data that violates these Terms of Use.
15.3 In the event that the Company discovers any User-Generated Data that violates these Terms of Use or receives a request for action from public or national organizations, the Company may delete or transfer such User-Generated Data without the prior consent of the User in accordance with relevant laws and regulations.
15.4 In the event that the Company receives a request for suspension regarding any User-Generated Data from a third party raising a claim of infringement of rights such as defamation or infringement of intellectual property rights, the Company may temporarily suspend the posting (transmission) of such User-Generated Data in accordance with relevant laws and regulations. The Company will comply with the decision of the court, arbitration or other relevant organizations, including re-posting the User-Generated Data in accordance with relevant laws and regulations.
16. Copyright
16.1 Copyright and intellectual property rights related to all content created by the Company belong to the Company.
16.2 The User shall not and shall not allow any third party to use the information, whether intact or modified, obtained through the use of the Services provided by the Company for profit by copying, transmitting, editing, disclosing, displaying, distributing, broadcasting or producing secondary works of such information.
16.3 The User shall defend, indemnify and hold the Company harmless from any loss, claim and damage arising from the User's infringement of intellectual property rights such as copyright.
16.4 If the User indicates his/her desire to share his/her User-Generated Data on social networks, other websites or applications, the Company may post such User-Generated Data there.
16.5 The Company shall use User-Generated Data in a limited manner in accordance with relevant laws and regulations such as displaying such data within the scope of the Service; using such data to promote the Service; using such data to operate, improve and develop new services; complying with laws; and displaying such data on external websites with the User's consent. However, in cases where the User has given separate consent, the Company may use such User-Generated Data accordingly.
17. Termination
17.1 In the event that the User wishes to stop using the Service, the User may terminate the Service Agreement at any time by canceling his/her account. When the User cancels his/her account, the User's service usage data stored in the Service will be deleted and cannot be restored unless otherwise provided by the privacy policy.
17.2 The Company may, at its sole discretion, suspend the User's use of the Service or terminate the Service Agreement for material reasons that make this Agreement untenable, such as, without limitation, violation of these Terms of Use and violation of laws or regulations. In such event, the User shall not be permitted to re-register for one year.
18. Indemnity
The Company and the User shall indemnify each other in the event that either party breaches these Terms of Use causing damage or loss to the other party. However, neither party shall be liable for damage or loss not arising from willful misconduct or gross negligence.
19. Limitation of Liability
19.1 The Company shall not be liable for providing the Services in the event that the Services cannot be provided due to natural disasters, power outages, disruption of communications provided by other telecommunications service providers or any other equivalent force majeure event.
19.2 The Company shall not be liable for any damage resulting from maintenance, replacement, regular inspection or construction of facilities used for the Service or any other equivalent cause unless such damage is due to the Company's intentional act or gross negligence.
19.3 The Company shall not be liable for any interruption in the use of the Service caused by the User's intentional or unintentional actions, unless the User has a force majeure or legitimate reason.
19.4 The Company shall not be responsible for the reliability or accuracy of information or content posted by Users in connection with the Service unless the Company has committed an act of serious intent or negligence.
19.5 The Company shall have no obligation to become involved in any transaction or dispute arising out of or relating to the Service between the User or between the User and a third party and the Company shall not be liable for any damages arising from such transactions or disputes.
19.6 The Company shall not be liable for any damage incurred by the User in connection with the use of the Service provided free of charge unless such damage is caused by the Company's intentional acts or gross negligence.
19.7 The Company shall not be liable if the User does not receive benefits or loses benefits that the User expects when using the Service.
19.8 The Company shall not be liable for any third party payments arising from the User's improper management of the password for the mobile device or the password provided by the open market provider, etc. unless such third party payment is due to the Company's intentional or unintentional acts.
19.9 The Company shall not be liable for any interruptions in the use of the content, in whole or in part, due to changes in the User's mobile device, mobile device number or operating system; international roaming; or changes in the User's network provider, unless such interruptions are due to the Company's intentional or negligent acts.
19.10 The Company shall not be responsible for any content or account information deleted by the User unless it is due to the Company's intentional or unintentional actions.
19.11 The Application may display advertisements or services provided by third parties. When the User accesses advertisements or services of third parties, the services provided by such third parties are not within the scope of the Company's Services. The Company shall not be responsible for the reliability or security of such services, nor shall it be responsible for any damage suffered by the User due to the use of third party services, unless such damage is caused by the Company's intentional acts or gross negligence, or the Company fails to provide measures to prevent such damage.
19.12 The Company shall not be liable for damages suffered by the User due to system disruptions that the Company cannot control, system disruptions caused by third-party attacks or computer viruses for which reputable domestic or international security research institutes or companies have not developed countermeasures, unless caused by the Company's intentional acts or serious negligence.
19.13 The Company does not guarantee the accuracy or completeness of the data or the automatic registration of all SMS or Application notifications received by the User.
20. Note
20.1 The Company may notify the User via email, electronic memo, in-app note, push alert, SMS/MMS message or SNS message.
20.2 In order to communicate with all Users, the Company may replace the individual notice as provided in Article 20.1 by posting a notice or displaying a pop-up screen within the Application for seven (7) days or more.
21. Jurisdiction and Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the Socialist Republic of Vietnam, without giving effect to any provisions or rules of choice or conflict of law. Any litigation relating to a dispute between the Company and the User shall be brought before a court of competent jurisdiction under the Civil Procedure Law.
22. Complaints and dispute resolution
22.1 The Company will display on the Application the procedures for making suggestions or complaints for the convenience of the User.
22.2 If the Company finds the User's suggestion or complaint to be valid, the Company will resolve it in a reasonably expeditious manner, provided that the Company will notify the User of the reasons for the delay in resolution and the expected time within the Service or pursuant to Article 20.1. in cases where a longer period is required to resolve such complaint.