Terms of Use of eMonkey E-wallet

Terms of Use of eMonkey E-wallet

(updated on 05 March 2020)

1. Agreement to the Terms

All references in these Terms of Use (defined below) to “we”, “us”, and “our” shall refer  to M-Pay Trade and Technology Services Joint Stock Company ("M-Pay") as the operator of the eMonkey E-wallet. M-Pay is licensed to provide – e-wallet services via application on mobile phone (“Services”) under Vietnamese law.  “You” and “your” shall refer to the user of the eMonkey E-wallet.

By registering and using any of the Services, you agree that you have read, understood and agreed to be bound by all of these terms and policies of use (“Terms of Use”). If you do not agree to any of these Terms of Use, then you are not allowed to register and use the Services.

You can view the latest Terms of Use at any time at the following link: http://m-pay.vn/.

We reserve the right to update and/or amend any part of the Terms of Use from time to time by posting the amended terms on our website, provided that such changes shall take effect at least 10 days from the date the amended terms are posted (“Posting Date”). If you continue to use the Services on or after such date, you shall be deemed to have accepted the amended terms and shall be bound by them from their effective date. It is your responsibilitiy to check our website periodically for changes to the Terms of Use.

We reserve all intellectual property rights in relation to our Services or any part of it.

 

2. Prohibited Activities

2.1 As a user of the Services, you agree not to:

- use the eMonkey E-wallet for any purpose other than for lawful purposes and in a lawful manner at all times;

- perform or be involved in any activity which is illegal or intended to promote/ commit an illegal act under Vietnamese law;

- use the eMonkey E-wallet to perform or be involved in any commercial activities, such as selling, renting, or leasing of any part of the Services, that are not expressly authorized by us;

- use the eMonkey E-wallet in a manner that may result in complaints, disputes, claims, penalties or other liability to us, other users or third parties or may be regarded as an abuse of the card system or a violation of card association or network rules;

- conduct any acts that may breach and/or conflict with these Terms of Use and/or the Privacy Policy (as defined below), as determined by us;

- provide false, inaccurate or misleading information in connection with your use of the eMonkey E-wallet.

2.2 You are also not allowed to perform any act in relation to spreading any unwanted e-mail or message to other users in the system.

2.3 Any unauthorized access by you of the M-Pay system shall be deemed as a violation of applicable laws and you shall be liable for all consequences of such violation.

2.4 We may immediately terminate or suspend your eMonkey E-wallet account, place a hold on the balance in your eMonkey E-wallet if reasonably needed to protect against the risk of liability, or take legal action against you, if any prohibited activities are conducted, as determined in our sole discretion.

2.5 It is our policy to prohibit and actively pursue the prevention of money laundering and any activity that facilitates money laundering or the financing of terrorist or criminal activities. We are committed to anti-money laundering compliance in accordance with applicable law and require our directors, officers and employees to adhere to these standards in preventing the use of our products and services for money laundering purposes.

 

3. Registration and Use of eMonkey E-wallet account

3.1 eMonkey E-wallet account registration

You are required to register and create your own eMonkey E-wallet account.

Upon our request, you are required to provide information including personal information for our verification and authentication (KYC) for the purpose of registering your eMonkey E-wallet account, and promptly inform us if there is any change of such provided information. In addition, we may request for additional information and/or documentation at any time for any reason including to confirm your identity, age and/or to confirm your bank details or debit, credit, prepaid facilities, for example, cards which you have registered with us. You agree that you will provide such information and/or documentation promptly to us upon request. If you do not provide such information and/or documentation promptly, we may, without any liability to you, either limit your use of the eMonkey E-wallet or suspend or close your eMonkey E-wallet. For security reasons, we may limit the amount or number of transactions you can make through your eMonkey E-wallet.

In the event that your registration for your eMonkey E-wallet account follows your registration as a user on an e-commerce website or mobile application including the e-commerce website and mobile application operated by Recess Company Limited (“Lazada Vietnam”), whereby you intend to use the eMonkey E-wallet for making payments on such e-commerce website or mobile application, you represent and warrant that the information you provide to the e-commerce website or mobile application is accurate, complete, and contains such information as we may deem necessary (“Website Registration Information”). You acknowledge and agree that any such e-commerce website or mobile application may share such Website Registration Information with us from time to time.

You authorize us to make any enquiries we consider necessary to validate and verify your identity (whether directly or through third parties) at any time for any reason whatsoever.

You agree to ensure that any information and/or documentation you provide to us is accurate, and shall be responsible for updating the information and/or documentation you provide to us to ensure its completeness and accuracy. We are not responsible, and will not compensate you for any loss that results therefrom, if information provided to us is not  accurate, complete or updated in accordance with the current situation, and we are entitled to suspend, terminate your account or refuse your registration.

You are solely responsible for keeping your username and password to your eMonkey E-wallet secure. You are encouraged to change your password on a regular basis and we will not be liable for any disclosure or unauthorised use of your username or password. If your username or password has been compromised, you must inform M-Pay immediately.

All personal data provided to us will be handled, stored, and processed according to our Privacy Policy for the eMonkey E-wallet and is set out at https://pages.lazada.vn/wow/i/vn/ewallet-common/wallet-privacy?hybrid=1  (“Privacy Policy”). By accepting these Terms of Use, you acknowledge that you have read and agree with the Privacy Policy and consent to our collection, use and disclosure of your personal data for the purposes as set out in the Privacy Policy.

3.2 Transaction password, OTP code and secret question

OTP code: After you successfully register your eMonkey E-wallet, the system will send you an OTP code via SMS to activate your eMonkey E-wallet. This OTP code is used one time only to verify your information. If you forget the answer, you need to contact us at 1900 545527 for verification and support.

Using the eMonkey E-wallet service means that you undertake to understand, agree and comply with the following:

- No one, including us or our employees, is entitled to require you to provide your transaction password or secret answer.

- You acknowledge that any access to your eMonkey E-wallet account using the correct transaction password is deemed as legal and authorized by you and you will be responsible for any transactions made and fees incurred by such use.

- You must promptly notify us at the earliest opportunity of the loss of your mobile phone, loss of possession of your mobile phone number, loss, exposure or suspicion of exposure of other authentication factors, or any other breach of security regarding your eMonkey E-Wallet. We may temporarily lock your eMonkey E-wallet account to ensure the safety of your finances.

3.3 Deposit/Withdrawal of eMonkey E-wallet via bank account/card

According to the applicable laws, the deposit into the eMonkey E-wallet account and the withdrawal from the eMonkey E-wallet account must be made via your payment account opened at a licensed bank or debit card. We make no representation that your payment account is in good standing or the licensed bank will authorize or approve the relevant transfer of funds.

Upon successful connection between your eMonkey E-wallet account and your bank account or debit card, you can easily make a deposit into the eMonkey E-wallet by using the bank account/card that is linked to the eMonkey E-wallet account.

You may maintain funds in your eMonkey E-wallet, and such funds, less any monies owed to us, will be regarded as the balance of your eMonkey E-wallet ("eMonkey E-wallet Balance"). 

Unless otherwise stated, we are not liable for any fees raised by third parties, including licensed banks, associated with funding your eMonkey E-wallet Balance. However, we reserve the right to decline acceptance of any payment instrument, including bank accounts, as funding methods in our sole discretion.

We reserve the right to impose limits on your use of the eMonkey E-wallet from time to time, including (i) the amount of value you may load your eMonkey E-wallet at any one time; and (ii) the aggregate funds loaded to your eMonkey E-wallet over any time period.

3.4 Lazada Vietnam promotion coupons and refund coupons

A functional tool for management of promotional coupons and refund coupons from the Lazada Vietnam e-commerce website and mobile application may be attached to your eMonkey E-wallet based on cooperation between us and Lazada Vietnam. These promotional coupons and refund coupons are issued and operated by Lazada Vietnam and are not part of your eMonkey E-wallet Balance, eMonkey E-wallet or the Service in any way.

If there is credit balance to your promotional coupons or refund coupons, the amount of any purchases you make on Lazada Vietnam e-commerce website or mobile application will first be applied, where applicable, to any promotional coupons or refund coupons (based on the earliest expiry date for each such promotional coupon or refund coupon) which are available as attached to your eMonkey E-wallet before the credit balances to your eMonkey E-wallet are applied.

3.5 Service fee

Currently, most of the services and utilities in the eMonkey E-wallet are free of charge, except for the fee for withdrawals from the eMonkey E-wallet to your bank account/card and the fee that is payable by you to a third party such as a bank or payment acceptance entity (if any).

The withdrawal fee from the eMonkey E-wallet to your linked bank account/card is calculated as follows:

Withdrawal fee = VND3.300 + 1% of the amount withdrawn [VAT included]

When your eMonkey e-Wallet is INACTIVE for 12 consecutive months:

Service maintenance fee = VND 11,000 /month (VAT included)

Note that your eMonkey E-wallet is considered INACTIVE when there are no financial transactions that make changes to the balance of your eMonkey E-wallet account for 12 consecutive months up to the end of the billing period. The service maintenance fee will start to apply from the first month since your eMonkey E-wallet falls into the INACTIVE status.

When releasing any funds, we shall have the right to deduct or withhold any fees due and payable to us and/or a third party in such amounts as instructed by such third party.

If you have any queries regarding the service fee, please contact our Customer Service at 1900 545527.

3.6 Suspension/Termination of use of services

The Terms of Use will continue to apply to you until your eMonkey E-wallet account is terminated by either you or us.

You can stop using our Services at any time.

We, at our sole and absolute discretion and when we deem to be appropriate, may terminate or suspend the provision of your eMonkey E-wallet account or any part thereof and/or stop providing the Service to you at any time, without any liability or responsibility to you.

In addition to terminating or suspending your eMonkey E-wallet account, we reserve the right to take appropriate legal action against you, including without limitation pursuing civil, criminal, and injunctive redress.

Notwithstanding the generality of the above, we reserve the right to terminate or temporarily suspend your use of the eMonkey E-wallet and shall not be held liable for any damages caused to you or any third party in relation to such termination or suspension of use in the following circumstances:

- You do not wish to use our Services. You may notify the Customer Service of M-Pay at 1900 545527, and we will confirm your request and suspend or terminate your use of the Services following your request.

- Your eMonkey E-wallet does not have any transactions within 12 months from the date of registration and activation.

- All or any of the funds in your eMonkey E-wallet are subject to legal process or other encumbrances restricting their transfer and/or use.

- We shall permanently terminate your use of the eMonkey E-wallet if you have carried on fraudulent acts, falsified acts, acts of conveying bad information or images that are contrary to the customs and traditions and violate the laws of Vietnam, or deliberate destructive acts that have caused damage to eMonkey E-wallet system of M-Pay.

- At the request of the competent authorities.

In cases of disputes, claims or misunderstanding, we also reserve the right to reasonably suspend or block a part of the money in your eMonkey E-wallet account for purposes of dispute and claim handling.

In other cases: We shall endeavor to notify you in advance of any such termination or suspension via one of the following means: mobile phone, email, text message, fax or in writing.

Closure of your eMonkey E-wallet will not cancel any cleared transactions, which you have already undertaken.

If your eMonkey E-wallet is closed for any reason, we will contact you to arrange for the refund of any residual electronic funds in that eMonkey E-wallet as set out below. For the avoidance of doubt, in no event shall you be entitled to any refund in respect of any amounts that are attributable to any Lazada Vietnam promotional coupons or refund coupons.

You remain liable for all obligations related to your eMonkey E-wallet. Closure of your eMonkey E-wallet does not relieve you of any liability pertaining to your eMonkey E-wallet. In the event of a pending investigation at the time your eMonkey E-wallet is closed, we may continue to hold your funds for up to one hundred and eighty (180) days from the date of closure in order to protect us against any loss. If we suspect that you have used your eMonkey E-wallet for any illegal purposes, we may hold any outstanding balance in your eMonkey E-wallet for such time as we determine in our absolute discretion or as required by law.

We will refund any electronic funds in your eMonkey E-wallet as soon as practicable after its closure to the same payment account opened at the licensed banks through which you top up balance to your eMonkey E-wallet.

We have the right not to return to you any disputed funds or any funds which relate to a breach of these Terms of Use until such time such a dispute has been resolved or where a court of a competent jurisdiction has decided on the matter.

We reserve the right to carry out any necessary money laundering, terrorism financing, fraud or any other illegal activity checks before authorizing any withdrawal of your funds, including returning any funds to you after your eMonkey E-wallet has closed or before any refunds are processed.  For the avoidance of doubt, except in the situation of the closure of your eMonkey E-wallet, no redemption for cash, transfer of funds or cash withdrawal is permitted in respect of any amounts in your eMonkey E-wallet.

 

4. Rights and obligations of customers

The eMonkey E-wallet system of M-Pay works 24/7 to provide you with many services and utilities to meet your needs anywhere, anytime. By registering and using the eMonkey E-wallet, you undertake to agree and accept all terms of these Terms of Use and to comply with all applicable laws.

Each time you use your eMonkey E-wallet, you authorize us to reduce the value available in your eMonkey E-wallet balance by up to the total amount of the transaction and where applicable, any fees, including shipping fees, payment fees and all applicable taxes. You can only make payments using your eMonkey E-wallet to the extent that you have monies in your eMonkey E-wallet to support those transactions. You are not allowed to make purchases in excess of the available balance in your eMonkey E-wallet. We will not extend credit in connection with your use of your eMonkey E-wallet, and you must repay us immediately if the available balance in your eMonkey E-wallet is ever less than zero for whatever reason.

All transactions in the eMonkey E-wallet application require your confirmation on such transactions. Therefore, after you  perform the transaction, the result of the transaction is unable to be changed. Thus, you need to carefully examine the transaction information appeared on the application screen before confirming the transaction. In case where you make a mistake in making a transaction, M-Pay shall not be held liable for any damages caused to you. However, you may contact us immediately when there is such mistake for assistance in resolving the issue in the most suitable way.

You must notify us immediately of any unauthorized use of eMonkey E-wallet or any other breach of security regarding the eMonkey E-wallet of which you have knowledge.

You further acknowledge and agree that we reserve the right to suspend or adjust the amount of money in your eMonkey E-wallet account when we determine that there has been a transaction mistake in relation to your eMonkey E-wallet account, or the origin of amount of money in your eMonkey E-wallet account is invalid.

You further agree that your eMonkey E-wallet account is for the use of services provided via the eMonkey application and it is not a bank account, so the balance in your eMonkey E-wallet account does not enjoy any interest.

You shall ensure that you download the eMonkey E-wallet mobile application from the authorized Apple App Store or Google Play.

For access and usage of the eMonkey E-wallet, including the usage that is made available through any e-commerce website or mobile application (including the e-commerce platform or mobile application operated by Lazada Vietnam), you must ensure that you shall not install or use the mobile application or access such e-commerce website on a jail-broken or rooted device. Unauthorized modifications to any mobile devices’ operating systems can cause security issues to the hacked devices. We shall not be liable for any losses suffered by you or for any costs that you might incur due to damage or corrupted or failure of device, hardware or software that you use in connection with the eMonkey E-wallet mobile application or any e-commerce website.

When using your eMonkey E-wallet to pay for a purchase of goods and service from any mobile application or e-commerce website (including the e-commerce platform or mobile application operated by Lazada Vietnam), payments may be processed through accounts owned by us or one of our affiliates and/or a registered third party service provider acting on our behalf, and in any event in accordance with applicable laws.

Except as expressly provided in these Terms of Use and to the fullest extent permitted by law, the eMonkey E-wallet and related services are provided “as is”, “as available” and “with all faults”. All such warranties, representations, conditions, undertakings and terms, whether express or implied, are hereby excluded.

To the fullest extent permitted by law, we and our affiliates shall not be liable for any indirect, consequential, incidental, special or punitive damages, including damages for loss of profits or revenues, business interruption, loss of business opportunities, loss of data or loss of other economic interests, whether in contract, negligence, tort or otherwise, arising from your use of or inability to use the eMonkey E-wallet and any related services. In any event, our total aggregate liability to you under these Terms of Use or in relation to your use of the eMonkey E-wallet will not exceed your eMonkey E-wallet balance at the point in time when such liability arose.

 

5. Regulations on association with Third Parties

In order to provide you with many services and utilities, our eMonkey E-wallet system connects to many business partners and online sale websites (“Third Parties”) which are payment acceptance entities. Our association with the Third Parties is for the purpose of providing convenience in transaction, exchange and payment with the Third Parties, while the information in relation to goods, prices, delivery methods, sales policy, etc. is given by the Third Parties. Thus, we shall not be held responsible for any direct or indirect loss or damages in relation to services, products exchanged between you and any Third Party.

 

6. Regulations on dispute, claim handing

In the event of any queries or claims relating to the eMonkey E-wallet services, you may promptly contact us for any guidance, solution or further check of transaction in relation to such claims.

You shall have the right to send your claims to us within sixty (60) days, from the date of incurrence of transaction in relation to the claims. You may submit your claims via Customer Service at 1900 545527, or you may come to the office of M-Pay to submit such claims.

You are responsible for providing true and accurate information, based on the transaction data recorded on eMonkey system. Based on the information provided and updated by you, we will resolve your claims at the earliest possible date, but in any case, shall not exceed thirty (30) days from the date of receipt of your claim.

During the claim handling process, you agree that we shall not have any responsibility in relation to any goods and services provided by a Third Party, and that we only act to assist you and to provide necessary transaction information so that you and the Third Party may resolve the issue together. You and the Third Party shall directly resolve all matters in relation to the transaction between you and the Third Party.

 

7. Regulations on compensation

You are responsible for compensating us and/or any relevant Third Parties for any breach of or conducting any of the following actions:

- Infringing, preventing the implementation of any of these Terms of Use.

- Altering, copying, disclosing, falsifying or illegally possessing confidential information or property while using products and services provided by M-Pay, including the eMonkey E-wallet.

- Unlawful interference with, or deliberate acts of damaging the information system or service provision system of, the eMonkey E-wallet of M-Pay.

- Infringement of intellectual property rights resulting in damages to the benefits and images of M-Pay.

- Fraudulent or grossly negligent acts, including sending or transmitting incorrect information on promotion or advertisement, etc. that results in damages to us and/or a Third Party

- Other acts in violation of the laws of Vietnam.

 

8. Force Majeure

We shall not be liable for non-performance, error, interruption or delay in the performance of our obligations under these Terms of Use (or any part thereof) or for any inaccuracy, unreliability or unsuitability of eMonkey E-wallet if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control, including in the following force majeure circumstances:

- Damage due to natural environment and social changes: natural disaster, fire, war, strike, etc.

- Damage due to incidents beyond our control: virus, interrupted Internet transmission, power failure, hackers’ attack, etc.

- Damage due to change of law: new regulations and ordinances issued by the competent authorities.

 

9. Governing Law & Disputes

9.1 These Terms of Use are governed by and construed in accordance with Vietnamese law.

9.2 Disputes

If any dispute or claim arises from or in connection with these Terms of Use or your use of your eMonkey E-wallet (“Dispute”), the relevant parties shall first attempt to resolve the Dispute through amicable negotiations.  You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

In the event where the Dispute is not satisfactorily resolved and the parties fail to reach mutual agreement, any party shall have the right to refer such Dispute to the competent court in Hanoi. The judgment of the court shall be final and binding upon the parties.

In any event and to the fullest extent permitted by applicable law, you may not make any claim against our officers, employees, directors, agents, contractors and assigns under these Terms of Use after one year from the date of occurrence of the matter giving rise to the claim.

 

10. General

10.1 No waiver

Our failure to enforce these Terms of Use shall not constitute a waiver of these terms, and such failure shall not affect our right to later enforce these Terms of Use.

10.2 Severability

If at any time any provision of these Terms of Use become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of these Terms of Use shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms of Use.

10.3 Rights of third parties

A person or entity who is not a party to these Terms of Use shall have no right to enforce any term of these Terms of Use, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this clause shall affect the rights of any permitted assignee or transferee of these Terms of Use.

10.4 Correction of errors

Any typographical, clerical or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part.

10.5 Entire agreement

These Terms of Use shall constitute the entire agreement between you and us relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.

10.6 Binding and conclusive

You acknowledge and agree that any records (including records of any telephone conversations relating to the eMonkey E-wallet, if any) maintained by us and/or our service providers relating to or in connection with the eMonkey E-wallet shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.

10.7 Language

In the event that these Terms of Use is executed or translated in any language other than English ("Foreign Language Version"), to the extent allowed under law,  the English language version of these Terms of Use shall govern and shall take precedence over the Foreign Language Version.

 

11. Assignment, Sub-contracting & Delegation

You may not assign your rights or transfer your obligations under these Terms of Use without our prior written consent. We may assign our rights or transfer our obligations under these Terms of Use to any third party at our sole discretion.

We reserve the right to delegate or sub-contract the performance of any of our functions or obligations in connection with the eMonkey E-wallet to any service provider, subcontractor and/or agent on such terms as we may deem appropriate.

 

12. Contact Us

In order to resolve a complaint regarding the Service or to receive any further information regarding these Terms of Use, please contact our Customer Service at 1900 545527.