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Privacy Policy

This English version is provided for reference. In case of discrepancy, the Vietnamese version prevails.

Contents

This legal agreement between the customer and IPETRO TRADING COMPANY LIMITED (IPETRO TRADING CO.,LTD), Tax ID 0601273058, sets out the terms under which the customer uses the IPETRO software service. This agreement is deemed an electronic contract between the two parties; the customer agrees that these terms apply if the customer chooses to access or use our services.

1. Terms used in this agreement:

Software subscription: use of the IPETRO software under an annual paid plan

System: the servers located in IPETRO’s data center, on which the system software and the IPETRO software are installed

Software: the IPETRO software

2. Service trial:

When the customer registers for a trial of the IPETRO software service, IPETRO provides the service free of charge until:

  1. The trial period expires
  2. The customer officially starts using the service

IPETRO is not responsible for any rights or interests of the customer related to the trial. All of the customer’s trial data will be deleted from the system when the trial expires if the customer does not switch to a subscription.

3. Rules for using the subscription service:

3.1 Customer rights

  • The customer has the right to use the IPETRO software during the subscription period for its own business
  • The customer has the right to request consulting and support from IPETRO in using the software in accordance with Article 4 of this agreement

3.2 Responsibilities and obligations of IPETRO

  • IPETRO is responsible for granting the Customer the right to use the IPETRO software under an annually paid subscription.
  • IPETRO is responsible for updating the IPETRO software to the latest version and for maintaining and servicing the system for the customer during use.
  • IPETRO is responsible for handing over system access information to the Customer by email. Once the customer receives this handover email, IPETRO is deemed to have fulfilled its product handover obligation.
  • IPETRO is responsible for keeping all of the Customer’s data confidential and may not disclose it to any third party, except at the request of a court or a competent state authority.
  • IPETRO is responsible for advising and supporting the Customer throughout use in accordance with Article 4 of this agreement.
  • IPETRO is responsible for ensuring the technical conditions for the Customer to use the software 24 hours a day, 7 days a week, except during maintenance, upgrades or incident recovery. Downtime for maintenance, upgrades or backups will be announced to the Customer in advance via notifications in the software. Maintenance, upgrades and backups will be performed on a daily, weekly, monthly or yearly schedule, preferably at night when the system is least used.
  • IPETRO is responsible for resolving system incidents within 8 working hours of receiving a request from the Customer’s users.

3.3 Responsibilities and obligations of the customer

  • The customer is responsible for providing the equipment, personnel and network connection recommended by IPETRO in the software deployment requirements in order to operate the software system.
  • Each year, the Customer is responsible for paying IPETRO the correct amount on time as set out in Article 8 of this agreement.
  • The customer is responsible for using the software in accordance with the instructions and recommendations published by IPETRO in the software.
  • So that IPETRO can provide the service, the customer grants IPETRO the right to use, process and transmit the customer’s data.
  • Upon receiving the account handed over by IPETRO, the customer is responsible for changing the default password at the first login.
  • The customer is responsible for
    • Identifying and authenticating the rights of all users
    • Keeping user account information confidential

IPETRO is not responsible for any damage caused by the customer’s users, including unauthorized individuals who gain access to the service due to faults in the customer’s internal network. The customer is responsible for all activities performed under the customer’s user accounts and must notify IPETRO immediately of any unauthorized access.

  • The customer agrees not to use, nor allow the use of, IPETRO’s services, including uploading data, email, posting content or transmitting data, for the following purposes:
    • Harming or disturbing others or causing injury to people or damage to property
    • Publishing fraudulent, defamatory, harassing or pornographic information or material
    • Violating privacy or discriminating on the basis of race, religion, gender or disability.
    • Infringing intellectual property rights or other proprietary rights
    • Obstructing or damaging the Service (including but not limited to accessing the Service through any machine or software)
    • Violating the law

IPETRO has the right, but no obligation, to take corrective action if any content violates the points listed above. IPETRO bears no legal liability to the customer in cases where IPETRO takes corrective action. The customer is solely responsible for the accuracy, quality, integrity, legality, reliability and appropriateness of all of its data

  • The customer agrees to accept all patches, fixes, upgrades and maintenance necessary for the service features to work correctly and to keep the service secure. Except in emergencies, IPETRO will notify the customer in advance of the schedule for such fixes and upgrades
  • IPETRO may offer, and the customer may choose to use, features that have not been widely released and have not fully passed IPETRO’s quality review process (Beta features). The purpose is for the customer to evaluate them and provide feedback to IPETRO. The customer is fully responsible for the risks of using these features. IPETRO does not guarantee the correctness or completeness of Beta features and is not responsible for errors or damage caused by their use

4. Consulting and usage support:

IPETRO is responsible for providing consulting and support to the Customer throughout use by phone, email, forums and other support channels published on the website: Ipetro.vn

Consulting and support provided in other forms (such as on-site support at locations requested by the Customer, or retraining on software use for the Customer,…) will be agreed by both parties in terms of cost and delivery method in a supplementary document when such a request arises

5. Security:

IPETRO will implement and maintain all administrative, physical and technical safeguards to protect the security and integrity of customer data. IPETRO commits not to:

  • Modify customer data
  • Not disclose customer data except as required by law or with the customer’s permission
  • Not access customer data except to fix technical issues or at the customer’s request when using support services
  • Data is stored in a Tier-3 (or equivalent) data center and controlled according to the ISO 27000 information security standard

6. Confidentiality:

Within the scope of this agreement, “confidential information” includes: the customer’s data, each party’s proprietary technology, business processes and technical product information, designs, and all communications between the two parties relating to the service. Notwithstanding the above, “Confidential information” does not include information that:

  • Is publicly known
  • Was known in the industry before disclosure
  • Becomes publicly known through no fault of the receiving party
  • Is aggregated data that does not contain any personal or customer-specific information

Both parties agree to:

  • Take the measures necessary to keep all “confidential information” confidential
  • Not copy or provide any part or all of the confidential information to any third party without the consent of the party that owns the “confidential information”
  • Not use the “confidential information” provided to each other for any purpose other than performing this agreement
  • IPETRO is the owner and holds full copyright of the IPETRO software
  • The customer agrees that the Service, including but not limited to the user interface, audio clips, video clips, user guides and the software used to provide the Service, is the exclusive property of IPETRO and is protected by intellectual property and copyright laws. The customer agrees not to use such proprietary information or materials in any way except for the purpose of using the Service under this Agreement. No part of the Service may be reproduced in any form or by any means unless expressly permitted by these terms. The customer agrees not to modify, rent, lend, sell, distribute or create derivative works based on the Service in any way, and not to exploit the Service in any unauthorized manner, including but not limited to intruding into or overloading the network capacity.
  • Any use of the software or any part of the service, other than use of the service as permitted under this agreement, is strictly prohibited and infringes IPETRO’s intellectual property rights, and the customer may be subject to civil or criminal penalties, including monetary damages for copyright infringement

8. Fees, term and payment method:

  • The initial fee and the annual fee payable by the customer to IPETRO will be notified by IPETRO in writing before they fall due.
  • The customer is responsible for paying IPETRO 100% of the value of the order/contract accompanying this agreement as soon as the agreement is signed.
  • Payment for subsequent years after the agreement expires must be made no later than 30 days from the date the Customer receives IPETRO’s notice of the fee and the subscription amount due for the following year.
  • Each year IPETRO has the right to adjust the above subscription fee, but by no more than 20% of the previous year’s fee. If the Customer signs a multi-year agreement and pays the full amount right after signing, the annual subscription fee will not change for the entire subscription period paid for by the Customer.
  • The customer is responsible for paying IPETRO in cash, by bank transfer or by online payment through a bank or a third-party partner.

9. Disclaimer of warranties and limitation of liability:

9.1 Disclaimer of warranties

IPETRO does not represent, state or warrant that the customer’s use of the service will be uninterrupted or error-free, that the service will meet the customer’s requirements, that all errors in the software and/or documentation will be corrected, or that the overall system supporting the IPETRO service (including but not limited to the internet, other transmission networks, internal networks and the customer’s devices) will be free of viruses or harmful components. IPETRO gives no warranty of any kind, express or implied, as to satisfactory quality, fitness for a particular purpose or non-infringement of third-party rights. IPETRO’s service is provided to the customer “as is” and “as available”. The customer is fully responsible for determining whether the service, or information generated by the service, is correct and adequate for the customer’s purposes.

9.2 Limitation of liability

In no event shall IPETRO be liable for any direct, indirect, incidental, special, consequential or punitive damages, including but not limited to damages for loss of revenue, profit, goodwill, business interruption or data loss resulting from: (1) the use of or inability to use the service; (2) any changes made to the service; (3) unauthorized access to or alteration of data; (4) deletion, corruption or failure to store data on or through the service; (5) statements or conduct of any third party regarding the service; and (6) any other matter relating to the service.

10. Force majeure:

In the event of force majeure, neither party is obliged to perform its obligations under this agreement. Both parties agree that the following constitute force majeure:

  • Natural disasters or hostilities that obstruct, destroy, congest or interrupt the connection to IPETRO’s data center.
  • Widespread power outages; telecommunication cable cuts that congest or interrupt telecommunication and Internet connections to IPETRO’s data center.
  • Hackers or computer viruses attacking IPETRO’s data center, causing stoppage, congestion or destruction of software and data.
  • Other force majeure events as provided by law.

11. Suspension and termination of the agreement:

11.1 Term of the agreement

This agreement begins on the date the customer agrees to it and ends when all subscriptions granted under this agreement expire. If the customer uses a trial of the service and does not switch to a subscription before the trial expires, this agreement terminates when the trial expires.

11.2 Suspension

IPETRO has the right to suspend the customer’s use of the service in the following cases:

  • The customer fails to pay the service fees 30 days after IPETRO has sent a payment request.
  • IPETRO believes the service is being used by the customer to take part in denial-of-service attacks, send spam or carry out illegal activities, or that the customer’s use of the service is harmful to IPETRO and others.

11.3 Termination of the agreement

The agreement is deemed terminated in the following cases:

  • IPETRO unilaterally terminates the agreement because the Customer fails to make payments to IPETRO as set out in Article 8 of this agreement
  • IPETRO unilaterally terminates the agreement at the request of a court or a competent state authority
  • The customer sends IPETRO a written request to terminate the subscription agreement. IPETRO is not obliged to refund any amounts paid by the Customer when the agreement is terminated for the reasons above. IPETRO is only responsible for retaining the Customer’s data in the system for up to 30 days from the termination date

12. Suspension and termination of the agreement:

  • If any issue arises during the performance of the agreement, both parties will discuss, agree and sign a supplementary document. Such a supplementary document is an integral part of the agreement.
  • If a dispute arises that the two parties cannot resolve themselves, it will be brought before the Hanoi civil court for resolution. The judgment of the Hanoi civil court is final and binding on both parties.

See also: Terms of Use