Terms of Service

 

The Agreement on Terms of Service (“Agreement”) shall form a legally binding contract between MANABIE VIETNAM CO., LTD (Manabie Vietnam Co., Ltd) (“Manabie”, “us”) and you (“You”, “User” or “Member”) – a visitor or member of the Manabie platform.

By accessing our platform or using any part of our services, the User confirms acceptance of the terms set forth in this Terms of Service Agreement. If the User does not agree to any of these terms, we recommend that you leave the platform immediately and Manabie will not accept any contractual responsibility for your access rights. User.

Article I. Definitions

In this agreement, the following expressions have the meanings set forth below:

​Article II.registration conditions

Manabie is only for User objects to access:

  1. From full eighteen (18) years of age or older and have full civil act capacity to enter into a binding contract to use the Service Manabie

  2. From full fifteen (15) years old to under eighteen (18) years of age with full civil capacity, the civil act, and consent from the user's parent or guardian liability under this agreement

  3. From the age of six (6) to under fifteen (15) years of age, the parent or guardian of the user enters into the necessary agreement regarding the use of the Manabie service, In this case, they must fill out the appropriate registration form, read and agree to be bound by this agreement as if they were a member

  4. Less than 6 years old and the parent or guardian agrees to supervise the user's access to use the Manabie service, in which case they must complete the appropriate registration form and read and agree to be bound by the agreement as if they were members.

  5. Any subscription for a third-party paid service fee to an underage user (under eighteen years of age) will require a confirmation from a parent or guardian prior to granting Manabie service access.

We, in our sole discretion and without prior notice, may authorize or suspend or cancel the Use of the Manabie Service by any party for any reason we deem appropriate. Only Members may use the Manabie Service and upload documents to Manabie.

Article III. User's Warranties By using

the Manabie Service, the User represents and warrants that:

  1. All registration information that the User provides (including identity verification, status, for whether a teacher or a student) is truthful and accurate

  2. The User must provide a valid name, full name, email address and phone number through which we will be able to contact the User. application and any other information requested as part of our registration process in order to establish valid membership

  3. The User shall maintain the accuracy of such information

  4. The User's use of the Manabie service is not in violation of any applicable law or regulation.

  5. The user's account may be terminated and data may be deleted without warning if we believe User the user is under the age of eighteen (18) and the user's parents or guardians do not enter into this agreement, or the user does not have the consent of the user. parent, or unattended use of the Manabie service by a parent or guardian, or if the User breaches this warranty in any way. Only humans are allowed to register for membership, Robots or automatic registration will not be allowed and the account will be deleted without prior notice.

 
Article IV. Prohibited Content and Conduct and Membership Responsibilities

Users may not use our services to violate any laws in any jurisdiction, including copyright laws, other intellectual property, the law on defamation of reputation and honor, and the right to privacy of personal and public information relating to any individual or organization.

User agrees not to engage in any activity intended to interfere with or disrupt Manabie's Services or the servers or networks used in connection with Manabie's Services.

You will not use Manabie's Services to:

  1. Infringe or promote violations of any local, state, national or international law, or any rights of any person or entity

  2. Harassing any person or taking advantage of them in sexual, racial, religious, or violent ways

  3. Collect or exploit data (including passwords) about others without the express permission of that person

  4. Harm a minor or another person in any way

  5. Impersonate any person or entity, or misrepresent the User's relationship with any person or entity, including but not limited to us, forging or manipulating format symbols for any Content available through the Manabie Service

  6. Commit, perpetuate or promote any criminal or Infringement

  7. Trimming or modifying, or attempting to do so, or encouraging or assisting anyone else to do so, with any technology or software What security is part of Manabie's Services

  8. Impersonating or attempting to impersonate a Member, another person, or entity

  9. Using another User's account, username, or password regardless of time or disclosing your password to any third party, or allowing any third party to access a user's account

  10. Use any information obtained from the Manabie Service to harass, abuse, or harm another person or entity or attempt to do so

  11. Engage in any activity involving the use of viruses, software robots, worms, or any other machine code any computer, file, or program that interrupts, destroys, or limits the functionality of any computer software or hardware, or allows unauthorized use or access to a computer or computer network

  12. . any automated use of the system, such as but not limited to, the use of scripts to create or post content

  13. Interfere, disrupt, or create obstructions unworthy of Manabie's service

  14. Accept payment or exchange of anything of value from third parties in exchange for the User's conduct of any commercial activity through the unauthorized use of Manabie or without authorization on behalf of that person

  15. Using Manabie in a manner inconsistent with any and all applicable laws and regulations

We reserve the right to inspect and take appropriate action (including proceedings) against anyone who, in our sole discretion, violates this provision, including, without limitation, removing Infringing Content from the Manabie Service and terminating violators' accounts. offense.

 
Article V. Access to Manabie

Users shall not access Manabie by any means other than the interface provided by Manabie for use when accessing Manabie's Services except as specifically authorized in a separate agreement. written.

 
Article VI. User's Manabie Account and Data
  1. If a User creates a Manabie account, the User is solely responsible for maintaining the security of his or her account and data and for all uploaded content and any activity. the account-related activity of the user even if the content and/or activity is created, uploaded, or conducted by some third party that already has access to the user's account

  2. The amount of the service plan (if any) and the services included in the paid service plan may be changed from time to time through a prior notice to you on the Manabie website. 

  3. Packages may be paid for by the payment methods specified from time to time on the Manabie website.

 
Article VII. Member Obligations

All statements made to us by the User, including all information provided by the User, during the registration process must be complete, accurate, and up-to-date. Japan. We will terminate your membership if a user violates our terms of use, user license agreement, or business vision and our website. Do not harm. If a user threatens us or uses other methods in a rude and unprofessional manner with any of our employees, we will cancel your membership without any compensation. Manabie

Services and all content under this Service are provided for the member's use and may not be resold in any way.

 
Article VIII. Manabie Rights

Users acknowledge and agree that Manabie and all content we provide to Users through Manabie's services are protected by copyright, trademark, service mark, patent or property rights, and other laws. Except as authorized in writing by Manabie or a legal third party, User agrees not to modify, rent, lease, lend, sell, distribute or create derivative works based on in whole or in a part portion of the service or on other material created by or uploaded to our Manabie service. 

Users may not use Manabie's services to violate any laws of any jurisdiction, including copyright laws, other intellectual property laws, and privacy and publicity rights relating to any person or organization.

 
Article IX. User Rights

Manabie claims no ownership interest in any User-submitted, uploaded or displayed Content on or through Manabie's services. User or User's licensors, if lawfully, may retain all patents, intellectual property rights, trademarks, and copyrights in any content you submit, download upload, or display on or through Manabie and it is your responsibility to protect such rights, if applicable.

 
Article X . License

We reserve the right to collect Content provided, posted, or displayed by the user or through the company and use such data in connection with any other service provided by us. . Manabie reserves the right to refuse any request to accept, post, display or transmit any data.

 
Article XI. For Students: Relationships with Teachers, Tutors and Academic

Advisors Manabie's Academic Advisors and Tutors - as part of their job - have access to personal information about students. User includes name, address, phone number, email address, personal documents, and any other personal information.

Our Academic Advisors and Tutors are not authorized to disclose the User's personal information to third parties, however, if this behavior occurs, the User should notify Manabie immediately. at email address: support.en@manabie.com

Article XII. Manabie Privacy Policy

About our data protection practices, please see our Privacy Policy at: https://manabie.com/en/privacy

Throughout the user uses Manabie's Services, the User acknowledges and agrees that we may access, store and disclose account information and any linked content from the User's account if where required by law, or when we believe that preserving or disclosing such access is reasonably necessary to: 

  1. Comply with applicable law, regulation, legal process, or enforcement as required by a governmental authority

  2. Enforce provisions, including investigating possible breaches of provided data

  3. Detect, prevent, or resolve fraud, security, or technical issues (including, without limitation, spam filtering)

  4. Protection from harm to the rights, property, or safety of Manabie, its members, or the public as required or permitted by law allows.

If the user is a student, the user also acknowledges that the student's grades and other information about achievement will be disclosed to teachers, tutors, or academic advisors who are providing student services using the Manabie platform. Manabie may process anonymous data, which may include performance-related data and other data about the user.

At the same time, Manabie may also process aggregate data including providing such data to third parties with legitimate interests such as educational institutions.

The User understands that Manabie's technical processing and service transmission, including User Content, may include (a) Transmission over different networks, and (b) changes to conform and adapt to the technical requirements of the connecting carriers, devices, or services.

The user further understands and agrees that an administrator may access the account and its data, and may modify or terminate the user's access to the account and modify the account. use.

 
Article XIII. Use of data files (cookies)

Cookies are small data files that some websites write to a User's hard drive when visiting. This small data file may contain information such as the User ID that the website uses to track the pages the User has visited, but the only personal information this cookie data file may contain is information you provide yourself. Cookies cannot read data from the User's hard drive or read cookie files created by other websites. When accessing information stored in a database format, a basic cookie version is used to deliver the answer to the User who asked the question earlier.

The cookie data files on the Manabie site serve a variety of functional purposes, for example: they are generated by Internet Server Information (a service for servers running on the Windows operating system that provides and stored in browser memory). browser, that is, they will disappear after the browser ends).

 
Article XIV. Cancellation

The User is solely responsible for the cancellation of his or her account. Account cancellation requests must be sent in writing to us at: support.vn@manabie.com. Cancellations made by phone or sent to any other email address will not be considered valid.

 
Article XV. Responsibilities of Visitors to Manabie

It is the responsibility of visitors to take necessary precautions to protect themselves and their computer systems from viruses, worms, Trojans, malicious content, or other destructive content. Manabie disclaims liability to the fullest extent permitted by law for any damage resulting from customer use.

When registering for an account and using Manabie's services, the User agrees and allows Manabie to actively contact and call for advice on new features, how to use the service, and information about training packages. of the Manabie at any time

 
Article XVI.Piracy

The policy requires others to respect their intellectual property rights under Vietnam's Intellectual Property Law, just as Manabie respects the copyrights of others. If a user believes that material linked by Manabie infringes the user's copyright, we encourage you to notify Manabie in accordance with our copyright infringement policy.

If a member infringes or repeatedly infringes the copyright or intellectual property rights of Manabie or others, Manabie may, in its sole discretion, terminate or deny access to and use of the Manabie application. In the event of termination of access, Manabie is under no obligation to refund any prepaid payments to Manabie.

 
Article XVII. General

We reserve the right to add content we deem appropriate to Manabie and the Services (including third-party content, even if the third party pays us to provide additional content). their documents or not) at our absolute discretion. Any proceeds from advertising or services that Manabie authorizes to provide Manabie and free services to the User and such proceeds shall be Manabie's.

We use third parties and hosting partners to provide the hardware, software, network storage, and technology needed to deliver our tools and services to Users. 

Users are not allowed to modify, adapt, reuse or obtain data from our tools and services, or distribute a fake website from a third party and assume that it is linked to the website. ours.

The User understands that the technical processing and transmission of the Service, including the User's data, may be transferred unencrypted and includes transmission over different networks and/or modification of the content. content necessary to comply with and tailor it to the technical requirements of the connecting carriers or devices.

Through the use of our tools and services, the User expressly agrees that we build the User's application on multiple platforms and for multiple phone operating systems, even if such the phone operating system and platform has not been invented, made public, or implemented. 

Users acknowledge and agree that we may establish generally applicable practices, guidelines, and limitations regarding the use of our platform and all other tools and services. that we provide. 

The user agrees that Manabie has no responsibility or liability for the storage or deletion or failure to store or delete any personal data, data, or information. The User also knows that Manabie has the right to log out of the User's account for the expired accounts. In addition, Users are also aware that Manabie reserves the right to change these general terms and limitations at any time, in our sole discretion, with or without notice.

 
Article XVIII. Related Restrictions

These Terms are void where prohibited by local law and no User may use our tools and services in that jurisdiction.

 
Article XIX.Restrictions and Limitations

Users may not resell or sublease their account, or grant access to it, by disclosing passwords to third parties.

We do not guarantee the security or privacy of any communications or information transmitted on or through our website, services, or any sites linked to our website. We are not responsible for the privacy of any email addresses, registration or identification information, data storage, communications, trade secrets, or any other content stored in our database or communicated through our service.

The User may be provided with the ability to choose a User ID and password. Therefore, you must provide us with accurate, complete, and up-to-date registration information, or the User's account will be terminated. The User may not select or use a User ID that is another person's name or use any name that you are not legally authorized to use or a name that violates the legal rights of an individual or entity. other. You may have only one User ID. The user is responsible for the confidentiality of his password and ID.

 
Article XX. Indemnify

Users shall indemnify and hold harmless us, our parent company, subsidiaries, affiliates, officers, and employees, from all costs, fees, damages, and attorneys' fees appropriate, from any claim or demand by any third party arising out of or by the use of our tools or services and or any action you have taken in relation to your use of Manabie's Services and related tools and services

Users agree to hold us harmless and indemnify us against any loss of use of our services. And therefore, Users agree to hold us harmless and indemnify us, all our subsidiaries, employees, and any agents acting on their behalf, by all liability, claim, injury, fee, expense, claim, or personal injury, including death, which may be caused or related in any way but not limited to torture, piracy, fraud or other intellectual property, privacy, publicity and any other cause of civil, regulatory or criminal action under any jurisdiction through you use the tools and services we provide to our users.

 
Article XXI. No Warranties

With respect to user content, Manabie makes no warranties of any kind and makes no representations or warranties herein regarding availability, suitability, reliability, or merchantability. , non-infringement, ability, usefulness, and compatibility for any general or specific purpose of any website, tool, platform, product, or service offered or sold or related to the service characteristics offered by or through the website, or to the timeliness, accuracy, or usefulness of information obtained from or through the website. The website, services, tools, and all content contained, distributed, sold, or published through the website are provided to Users “As is, Where is”, without warranties of any kind. , express or implied. Manabie does not warrant that any or all of our services and tools are 100% available at all times.

With respect to Manabie's content, we do not warrant the foregoing as required by law and cannot be excluded in a contract with the User.

 
Article XXII. Limitation of Liability

The parent company and our officers, employees, agents, and assigns shall not be liable for any damage or harm caused by Manabie's use of the platform, including but not limited to platform function failure, error, omission, interruption, failure, delay in operation or transmission of a computer virus or online error.

We do not guarantee that our services will meet your specific requirements, will be uninterrupted, timely, secure, or error-free, or that the results obtained from your use of the tools will be. Our tools and services will be accurate and reliable. The quality of any tool or service we provide may not necessarily meet all of the User's wishes. If there are any bugs or errors in any aspect of our tools and services, we may not be able to correct them promptly or completely.

We do not guarantee that any application operator will approve the application for the User's Application. In the event that they do not accept the User's application, we cannot give you a refund.

We reserve the right to change, modify, terminate, or temporarily discontinue or change any of the tools or services we provide without prior notice to you.

 
Article XXIII. Confidential Information

The User agrees not to disclose any Confidential Information belonging to us without our prior written consent. This Confidential Information includes information related to software, programs, documents, and digital information according to each tutorial, document, invention, and development that the User creates based on proprietary rights. our intelligence, click rates, statistics related to our website or services, and other information that we mark as “Confidential”. Confidential Information does not include information that is known to the public through non-infringement by the User, or which has been independently developed without access to Manabie's confidential information - as proven through the User's development history, or through a legal third party, or through information published in accordance with the law, a decision of a competent state agency or a competent court.

 
Article XXIV. Disclosure of User Data

We may keep and use for our own purposes all information and data that you have provided to us, including demographic and contact information. . The user agrees that this information is freely transferable by us and may include personally identifiable information. Such information may be disclosed by us to entities in jurisdictions with more restrictive privacy laws than the United States Law.

We disclaim all responsibility and will not be liable to the User for any such disclosure of information to a third party or other entity. We may share aggregate information in a non-personally identifiable form with advertisers, publishers, partners, and any other third parties.

 
Article XXV. Non-partnership

No affiliates, partnerships, employment contracts, or joint ventures are established under this agreement. Each party is an independent party to the contract from the other party. The User has no power to represent or bind Manabie under any circumstances.

 
Article XXVI. Intellectual Property

Terms Manabie and all other trademarks, service marks, graphics, and logos used in connection with Manabie are trademarks or registered trademarks of Manabie or its licensors. Other trademarks, service marks, graphics, and logos used in connection with Manabie may be trademarks of other Third Parties. User's use of the Manabie platform does not grant the User the right or sublicense to copy or use any trademarks of Manabie or of a Third Party.

The User agrees that he or she has been informed of all trademarks, overall commercial image, service marks, copyrights, patents, or any other intellectual property rights or proprietary rights. the intelligence of any other nature. At the same time, the User agrees that any such breach by him of any such intellectual property right will be deemed intentional.

All product names, trademarks, logos, logos, and company names displayed on the Manabie platform are the property of their respective owners and are protected by various laws and regulations.

 
Article XXVII. Termination of Service

Manabie reserves the right to terminate, suspend or change the Service, or any part thereof, at any time for any reason we see fit, without notice. before.

 
Article XXVIII. Automated Viewing or Use of the Manabie Platform

Users may not use any automated scripts or “robots” to access, copy, or manipulate any content provided on the Platform. this Service platform. Users may not participate in denial of service attacks against the server providing this platform. We reserve the right to limit or stop a User's access to the Manabie Services if your use interferes with other Users.

 
Article XXIX. Links to Third Party

Websites Manabie may provide links to Third Party Websites; however we are not responsible for the content of these affiliates, nor their terms of use or privacy policies. Please review the terms of service and privacy policies of all such websites carefully before using them. The user shall be solely responsible for his own risk when using any Third Party websites.

 
Article XXX. Content

Matters Manabie is not responsible for any Content made available to Users by affiliate sites or advertisers. Manabie does not screen Content made available to Users by affiliate sites or advertisers, and Users agree that we are under no obligation to do so before displaying such Content on the Web. our website. However, we reserve the right to review the Content as we deem reasonable or necessary to limit or avoid liability from different sources. 

We are not responsible for any content that is obscene, indecent, misleading, deceptive, racist, intolerant, harmful, or objectionable where such content is displayed. displayed by the actions of one or more Users, or by any organization or third party. 

We are not responsible for any content provided to our platform by members or third parties that may infringe intellectual property rights, privacy, public declaration, or rights of any kind in any jurisdiction.

The user agrees to warrant that we are not responsible for any claims arising from the exposure of you or your family member, loved one, or your computer to objectionable content. At the same time, the User also agrees to waive all possible liability to us in connection with the content provided to us by members or third parties that infringe intellectual property rights or civil law. something.

You understand and agree that using the Internet places you at risk of receiving or viewing offensive or harmful files and content. We make no representations that we will review and edit all content to ensure the safety, quality, accuracy, or regularity you encounter through our Services.

 
Article XXXI. Jurisdiction/Dispute Resolution

This Agreement shall be construed, governed, and construed in accordance with the laws of the Socialist Republic of Vietnam

Subject to the provisions of this Section, in the event of any dispute, Any dispute or claim arising out of or in connection with this Agreement, the parties will first attempt to resolve through mediation consultations within 30 days, prior to filing an application with the competent court of Vietnam.

Subject to the provisions of this Section, in the event of any dispute, controversy, or claim arising out of or relating to this Agreement, the parties shall first attempt to resolve it through mediation consultation within 30 days before submitting the application to the competent court of Vietnam.

Each party will bear its own costs and initial attorney's fees, but the prevailing party will then be reimbursed by the other for all attorneys' fees, witness fees, and court fees.

 
Article XXII. Use of the Platform abroad

The User is responsible for the laws of the User's region, especially if accessing from outside Vietnam. As our services are designed only for Users in the Vietnam market, we make no representation that the use of this platform or the content provided is entirely in accordance with the laws of the region. Local User.

 
Article XXXIII. Errors

Manabie's platforms may contain typographical or other errors, and Manabie disclaims responsibility for such errors Users agree that Manabie does not accept any liability for such errors.

Manabie's platforms may contain typographical or other errors, and Manabie disclaims responsibility for such errors and the User agrees that Manabie does not accept any liability for such errors.

 
Article XXXIV. Adjustments to Terms

Manabie may review or modify any part of the Terms from time to time. Therefore, the User should check these Terms again for changes. The revised version of the Terms (“Revised Terms”) will be posted at https://manabie.com/en/term. If the User does not agree to the revised Terms, the User may stop using Manabie. Continued use of Manabie after the date the revised terms are posted will constitute the User's acceptance of the revised Terms.

 
Article XXXV. Notice

Notice to the User may be issued by electronic mail or by mail, at Manabie's sole option

Article XXXVI. Force Majeure Events

Neither party shall be liable for any delay or failure in operations due to a Force Majeure Event, i.e. natural disasters, earthquakes, labor disputes, changes in law, regulation or government policy, riot, war, fire, flood, insurrection, vandalism, embargo, epidemic, supplier or supplier's conduct or omission, shipping difficulties, no interruptions or delays in telecommunications or third-party services (including DNS lines), third-party software or hardware failures, or inability to obtain materials, supplies or power to be used, or equipment needed. We are not responsible for server outages under any circumstances.

 
Article XXXVII. Partial Effectivity and Diplomatic Prohibition

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will remain in full force and effect.

This Agreement is not assignable by the User but is entirely and without limitation of any nature transferrable to us.

 
Article XXXVIII. Invoicing

Manabie's billing issues for all service payments are made in accordance with the laws of Vietnam. The invoice will be issued within 1-2 days after successful payment.

If you request to receive an Invoice, please contact our Customer Support team at support.vn@manabie.com and provide the following information:

For individual customers:

  • Name

  • Address

  • Phone Number phone number you registered for Manabie account Reference

  • Transaction number

For corporate customers:

  • Company name Company

  • Tax code Company

  • Address

Request Invoice must be sent within 7 days of successful payment. If there is incorrect information in the Invoice, you need to notify Manabie within 7 days of successful payment. The correct invoice will then be updated by Manabie and sent to the user within 1-2 days from the date we receive the incorrect information from you.

Article XXXIX. Fees will not be refunded under any circumstances
 
Article XL. Effectiveness

This provision takes effect on October 5, 2020.

-- End of Terms of Service--