Terms and Conditions of SmartOTP Usage
The Terms of Use of the OTP Receiving Method using SmartOTP (hereinafter referred to as “Terms”) are the entire rights and obligations of ACBS Securities Company Limited and the Customer in the process of providing and using the OTP Receiving Method using SmartOTP. The Customer is deemed to have accepted and agreed to all the contents of this Terms of Use when signing the forms or confirming the agreement electronically. In addition to the terms of use specified in this Terms of Use, when registering/adjusting, the Customer must also comply with the regulations stated in the paper or electronic Registration/Adjustment Form.

ARTICLE 1. INTERPRETATION OF TERMS

• ACBS: known as ACB Securities Company Limited (including ACBS Headquarters, Branches, Transaction Offices).
• Customer: known as Customer (including Individual Customers, Institutional Customers) using online transaction services and registering to use SmartOTP.
• System: known as the system established by ACBS to execute online transaction orders and provide other online transaction services to Customers, including software programs, utilities, applications installed at ACBS’s website address, other addresses used by ACBS for similar purposes, and ACBS’s recorded telephone system.
• Online trading: is a securities trading activity carried out through the information technology system and the Internet environment, telecommunications network or other open networks including but not limited to transactions (orders to buy, sell securities or cancellation orders), requests (money transfer, securities transfer, exercising the rights of securities owners, debt payment, transfer of rights to receive money from selling securities) of the Customer related to the Securities Account, Derivative Account, Payment Account (in case the Customer chooses to use ACBS’s dedicated account) sent to ACBS and processed by ACBS’s trading system, notifying the implementation results to the Customer via the Internet or telecommunications network or other open networks. Online transaction service receiving OTP: are services provided by ACBS (depending on each time) and registered by customers (according to ACBS’s instructions), including but not limited to: Money transactions, advance payment for securities sales, securities transfers between regular accounts and margin accounts, money transfers, withdrawals, exercising rights related to securities, tools to support account monitoring and management… through Online Transactions.
• SmartOTP: is the OTP receiving function integrated in the Mobile App application provided by ACBS for customers. Customers need to perform the SmartOTP registration steps to be able to get OTP on the application.
• SmartOTP PIN: is the password to log in to the SmartOTP function on the Mobile App provided by ACBS to customers. Customers are required to set up a
• SmartOTP PIN during the registration process for the OTP receiving method using SmartOTP for each device registered to receive OTP.

ARTICLE 2. REGISTRATION, CHANGE OF SMARTOP AUTHENTICATION SOLUTION

• Conditions for registering to use SmartOTP
  • Have a securities trading account opened at ACBS and are using the Online Trading service provided by ACBS;
  • Successfully download the ACBS Mobile App to your phone/tablet; accept these Terms and Conditions; install and activate the application using the activation code sent by ACBS to the Customer’s Registered Phone Number and create a SmartOTP PIN code for access. Details of the installation and activation steps are carried out according to ACBS’s instructions from time to time;
  • Other conditions according to ACBS’s regulations from time to time.
• Customers are allowed to register SmartOTP on multiple devices at the same time. Customers commit and take full responsibility when registering SmartOTP on different devices for their accounts.
• Changing the Customer’s OTP receiving method is done by ACBS upon the Customer’s request or by the Customer directly making the change on the ACBS Mobile App or other transaction channels deployed by ACBS, and according to ACBS’s regulations from time to time.

ARTICLE 3. CASES OF EXEMPTION OF LIABILITY

ACBS shall not be liable for any damages or losses of the Customer arising from/due to:

• The Customer got leaked/disclosed authentication information and/or other information leading to a third party illegally accessing and using SmartOTP and the OTP-receiving Online Transaction Services; or
• Interruptions, delays, unavailability or any incidents occurring during the process of checking information and obtaining authentication codes on SmartOTP due to causes beyond the reasonable control of ACBS including but not limited to mobile network transmission problems and/or similar force majeure events; or
• Incidents caused by errors of the Customer or the Customer’s equipment (including hardware, software and other content on the equipment); or
• The Customer uses software, documents or follows instructions related to SmartOTP not provided by ACBS; or
• ACBS’s implementation according to decisions of competent state agencies.

ARTICLE 4. RIGHTS AND OBLIGATIONS OF CUSTOMERS

• Customer Rights
  • Have the right to use SmartOTP after registering with ACBS;
  • Request ACBS to update the registration information. ACBS will make appropriate changes after verifying and accepting the Customer’s request to change information;
  • Have the right to change the method of receiving OTP;
  • Receive necessary information related to changes in policies and terms of use of SmartOTP;
  • Complaint about incidents during the use of SmartOTP excluding the cases listed in Article 3 of these Terms. Customer’s complaints must be made in writing and sent to ACBS;
  • Exercise other rights of the Customer according to these Terms and relevant provisions of law and ACBS at each time.
• Customer’s Obligations
  • Customers are obliged to:
  • Customers must ensure that the operation process is accurate and complete;
  • Customers are obliged to keep confidential the information of the OTP receiving method and/or other related information provided by ACBS;
  • Customers are unconditionally responsible when the username, password, authentication information is disclosed, stolen, or exploited, except in cases arising from ACBS’s fault and not falling under the cases in Article 3, even when this Terms and Conditions expires;
  • Immediately notify ACBS or ACBS transaction points for handling instructions if:
    • The Customer has lost the phone number registered to use SmartOTP or,
    • The Customer discovers any problems or incidents in terms of operations or technology related to the safety of the application’s operation.
  • Comply with the registration procedures and instructions related to the use of SmartOTP of ACBS;
  • Perform other obligations of the Customer as stipulated in other parts of this Terms and relevant provisions of law.

ARTICLE 5. RIGHTS AND OBLIGATIONS OF ACBS

• Rights of ACBS
  • ACBS has the right to change documents related to SmartOTP without prior approval from the Customer;
  • ACBS has the right to change documents related to SmartOTP without notifying the Customer in cases where it does not affect the rights and obligations of the parties;
  • Exercise the rights stipulated in other parts of this Terms and relevant provisions of the Law.
• ACBS Obligations, ACBS is obliged to:
  • Provide services within the scope of the Customer’s registration and agreement with ACBS;
  • Keep Customer information confidential according to the provisions of law, except in cases where it is permitted by the Customer or requested by competent State agencies;
  • Ensure Customer’s rights when transacting and authenticating via SmartOTP;
  • Lock Customer’s right to use the corresponding device when receiving written notice from the Customer about the loss of the authentication device, or in case of suspected disclosure of Customer’s login information or according to ACBS’s regulations from time to time;
  • Provide information related to SmartOTP to the Customer;
  • Resolve Customer complaints as stipulated in Point e, Clause 1, Article 4;
  • Perform ACBS’s obligations as stipulated in other parts of these Terms.

ARTICLE 6. EFFECT OF THE TERMS

• Terms and Conditions shall be effective from the time the Customer expresses its agreement with the contents of this Terms and Conditions in the form specified at the beginning of the document until ACBS makes another decision on termination, amendment or supplementation of this Terms and Conditions.
• ACBS has the right to unilaterally stop providing the OTP receiving method using SmartOTP in the following cases:
  • Due to force majeure beyond the control, prevention and expectation of ACBS, causing ACBS to no longer be able to provide this authentication method or the Customer is no longer eligible to use SmartOTP according to the content of this Terms and Conditions;
  • If the Customer violates the contents of this Terms and Conditions, immediately after notifying the violating party;
  • Due to changes in state law and policy, ACBS cannot continue to provide to the Customer.

ARTICLE 7. OTHER PROVISIONS

• The Customer agrees that ACBS has the right to amend and supplement the contents of these Terms and Conditions on the basis of ensuring that the amendments and supplements are in accordance with relevant provisions of law. ACBS will notify the Customer of the amendments and supplements to this Terms and Conditions and information about products and programs related to the OTP receiving method via SmartOTP including but not limited to one of the following forms: via writing, via email, SMS, notification on applications or on mass media or on the official website(s) of ACBS… The Customer is considered to have accepted all the amendments and supplements according to the notice of ACBS if the Customer continues to use the service after the time of ACBS’s notice.
• The Customer confirms that he/she has read, understood and committed to comply with the terms and conditions in this Terms and Conditions and relevant current laws of Vietnam.
• The contents not specified in this Terms and Conditions shall be implemented in accordance with the corresponding provisions of the Online Trading Appendix, the Risk Disclosure and the Securities Trading Account Opening Contract between the Customer and ACBS and relevant laws.