Welcome to NCT, the social network service provided by N C T Corporation (“The Provider”)
You are reading the Agreement of provision and use of Social network service (“The Agreement”) regulating relationship between you and The Provider, and specifying the conditions for Users to access and use Social Network, our Social Network Services, Application, website and content (“Service”). For the purpose of this Agreement, the word “You” and “Yours” means you as the Service user. Please spend your time to read below terms and conditions carefully.
The User’s access and use of Service also must comply with regulations of our Privacy policy, Copyright Policy. Those Policies can be found directly on NCT and incorporated in this Agreement by reference.
By the way of accessing and using The Provider’s service, The User acknowledge and understands that it will form a binding agreement with The Provider and that the User has read, understood and agreed to comply with all provisions of this Agreement.
ARTICLE 1. DEFINITION
1.1 The Provider of Social network service (“The Provider”) is N C T Corporation, incorporated and run business under Vietnam Laws.
1.2 Social Network/ NCT: means the information systems established on website: https://www.nct.vn/ , https://www.nhaccuatui.com or NCT application or any other methods provided by N C T Corporation, that provide services and tools allowing Service users to provide, exchange, interact, and share information together.
1.3 User: mean the individual, organization who accesses NCT, regardless NCT ID
1.4 NCT ID: 1.4mean an account for User to sign in on NCT to use features on NCT such as commenting, exchanging information and other features. NCT ID account includes personal accounts, organizational accounts.
1.5 Member: means the service users of NCT and legally own “NCT ID” account.
1.6 Phone number, electronic mail (email): means the phone number, email specified in this Agreement is the mobile phone number in Vietnam and email owned by the User.
1.7 NCT VIP: 1.7means a VIP Account used on NCT, accordingly, when upgrading the User's Account to a VIP Account, the User may experience Services on NCT without being interrupted by advertisements and may be given priority in using certain features on NCT. The upgrade to a VIP Account is subject to a fee as prescribed by the Provider from time to time.
1.8 User Content: means content in the form of including but not limited to text, sound, images, writing, characters, sound recordings, video recordings that the Users are allowed to upload or post or make available (“Share”) on NCT.
1.9 Service: means all services, products provided on NCT.
1.10 Private information: means the online information of an organization or individual that is not publicized by that organization or individual, or only provided for a group of receivers that are identified.
1.11 Personal information: means information in the form of symbols, letters, numbers, images, audio, or other similar formats in an electronic environment associated with a specific individual or that helps identify the identifications of individuals, including full name, date of birth, gender, addresses, Identity Document numbers, phone numbers, email addresses, personal images, and other information defined by law.
1.12 Content channel means an electronic information page established on the NCT Platform by a NCT ID account, created for the purposes of providing, transmitting, collecting, exchanging, and sharing information (in the form of audio recordings, audio visual recodings, videos) and connecting the community of NCT Platform users.
ARTICLE 2. SOCIAL NETWORK SERVICES PROVIDED ON NCT
2.1 NCT is a social network with the purpose of providing, exchanging, sharing music information, allowing Users to listen to music, watch music videos online via accessing music content posted/shared by other members.
2.2 2.2Members may create Content Channels in account on the NCT Platform to provide, transmit, collect, exchange, and share music information in the form of audio recordings and video recordings, and to connect the community of users on the NCT.
2.3 Members are entitled to post, share music information, other music content such as sound recordings, video recordings of which they are the owners or have full rights to share on NCT according to provision of this Agreement.
2.4 Users can watch, listen online or download the music content, information shared by Members on the NCT, subject to the permissions granted by the sharing Member in each specific case and regulation of the Provider for music content on the NCT.
2.5 NCT Service can be used through the website https://www.nct.vn/ , https://www.nhaccuatui.com or the NCT application or other methods of the Provider from a computer or on authorized mobile devices.
2.6 Members can discuss, comment, exchange, interact, share information with each other in writing about accessible content on NCT.
2.7 Other services from time to time developed and provided by The Provider on NCT.
ARTICLE 3. REGISTRATION OF NCT ID ACCOUNT
3.1 3.1Age restriction: In case the Vietnamese laws have any provisions regarding the Age restriction for The Users of Social Networks, the User must comply with the regulations and ensure that the conditions of Age restriction are met before registering an NCT ID account.
3.2 In order to sign in and use the service of Social Network, the User must register an NCT ID account.
3.3 User has to take all liability with the provided information when registering NCT ID as well as the any modification or addition of the provided information. The user commits to the accuracy and completeness of the provided information. In any case, as required by NCT, User must provide all necessary information or documents to prove the accuracy of the provided information.
3.4 3.4The process to register NCT ID request (i) For an individual account: an email address, full name, Date of birth, valid phone number, a display name and Password; and (ii) For an organization Accounts: the name of the agency, organization, or enterprise; the enterprise code, establishment decision number, or other equivalent document of the agency or organization; the headquarter address; the legal representative;. Provision of other information shall subject to decision of User. The Service Provider shall verify the User’s account via a mobile phone number registered in Vietnam. User agrees that display name or provide information of User can be appeared on NCT.
3.5 User is not allowed to use Name of celebrity, famous people, name of leaders of Party or State; Name of criminal or reactionary or terrorist individual, organization as User’ account name or use User’ account name has unhealthy meaning, contrary to good customs and traditions. User ID must not be similar or identical to the name of a press agency or contain words (in Vietnamese or equivalent foreign languages) that can be confused with press agencies or press activities such as: Newspaper, radio, magazine, news, news, radio, television, media, news agency, news agency.
3.6 In cases where the User is a child (under 16 years of age), the child’s parent or legal guardian under civil law shall register the account by the information of the parent or legal guardian, and shall be responsible for supervising and managing the content accessed, uploaded, and shared by the child on NCT.
Only verified accounts are permitted to post information (including writing post, commenting, and) and share content on the Social Network.
3.7 In case users have to meet some conditions to be allow to use the Provider’s Services according to Laws, including but not limited to Social network service, Users commit to conducts any necessary works and get any necessary approvals to be allow to use services. The Provider can, at any time, request Users to provide evidence for those licenses or approvals and Users is obliged to cooperate with the Provider in those cases.
3.8 If a User uses the Service on behalf of a business or legal entity, then (a) the term 'User' includes both User and that business or legal entity, (b) ) User represent and warrant that User is the authorized representative of such business or legal entity and have the authority to bind such entity to these Terms, and that User agree to these Terms on behalf of the legal entity, and (c) User’s business or legal entity is legally and financially responsible for User’s access to and use of the Service as well as for accessing and using account by other parties related to legal Entity, including any employees, agents or contractors.
3.9 If there is any problem in the process of using NCT, the Provider shall base on User’s provide information to receive and settle. The Provider only receive and handle the cases that provide exactly and fully information as prescribed in Clause 3.4 of this Article. If the Information is not provided exactly and fully, User shall not be supported by the Provider during the use, and the Provider shall not be responsible for resolving any disputes or risks related to such Account.
3.10 The User acknowledges and agrees to receive all notices from NCT or The Provider regarding products and services via the User's email, postal mail or phone number.
3.11 The User agrees that the User is solely responsible (to us and other parties) for the activities conducted on the User's account.
3.12 Provider reserves the right to disable User accounts at any time, including where the User has failed to comply with any provision of this Agreement, or where any operation performed by the User's account, in the Provider's discretion, will or may cause harm or loss to the Service or infringe or violate any third party's rights, or violate any law or any applicable regulations.
ARTICLE 4. THE USE OF ACCOUNT, PASSWORD, SIGN-IN
4.1 After the registration of account finish, User shall be granted 01 NCT ID account. User can use NCT ID to access and use products, services on NCT.
4.2 Member is obliged to preserve, keep confidentiality of their password, User’s email. If the password is revealed in any way, Provider shall not be liable for any risk, caused damages.
4.3 Member is not allowed to share their personal account with others for any personal reasons. In case password of account is revealed or shared to other people and other devices other than the granted User, the Provider reserves the right to block the granted account without any prior notice obligation or any legal liability. All acts to share, trade, exchange information relating User’s Account is not allowed.
4.4 The Provider reserves the right to delete User's accounts if this account is not used to login NCT social network within 30 days from the date of registration.
4.5 NCT reserves the right to delete User's accounts if this account is not used to login to NCT social network within 1 (one) year from the last login.
4.6 The User is only allowed to use their own account to sign in and use Service on NCT.
4.7 In addition to using the NCT ID account to log in, the User can use the linked account to log in to NCT. By using this convenient login feature, the User agrees to accept all possible risks.
ARTICLE 5. PROHIBITED ACTS AND CONTENT BANNED FROM EXCHANGE AND SHARING ON THE SOCIAL NETWORK
In the process of using NCT's services, User is obliged to comply with Vietnamese laws, and not to use NCT's features and services in any way, under any circumstances to do the following acts:
5.1 Conducting journalistic activities;
5.2 posting, exchanging, sharing, or disseminating on the Social Network any content that violates the provisions of Article 8 of the Law on Cybersecurity or infringes intellectual property regulations or violates the law;
5.3 Opposing Socialist Republic of Vietnam; threatening the national security, social order and safety; sabotaging the national fraternity; propagating wars and terrorism; arousing animosity and among races and religions;
5.4 Propagating and incite violence, obscenity, pornography, crimes, social problems, superstition; contradicting national traditions;
5.5 Revealing state secrets, military, economic, diplomacy secrets, and other secrets defined by the State;
5.6 Providing false information, slandering or damaging reputation of organizations or dignity of individuals (mocking, insulting, disparaging, discriminating against religion, gender, ethnicity, causing hatred towards each other, etc.);
5.7 Advertising, propagating, trading in banned goods or services; spreading banned publications;
5.8 Impersonating other organizations and individuals to spread false information, which violates the lawful rights and interests of other organizations and individuals;
5.9 Illegally obstructing the lawful provision and access to information, the provision and use of lawful services on the Internet of other organizations and individuals;
5.10 Illegally obstructing the operation of “.vn” domain name system servers, lawful operation of Internet service and online information provision systems;
5.11 Illegally using passwords of other organizations and individuals, private information, and Internet resources;
5.12 Creating illegal links to lawful domain names of other organizations and individuals; creating, installing, spreading harmful software or computer virus; illegally accessing or taking control of info systems; making attack tools on the Internet;
Other prohibited atcs:
5.13 Accessing or using the Service when the User does not have the behavioral and legal capacity to agree to the Terms of the Agreement;
5.14 Using or attempting to use another person's account;
5.15 Use automated scripts to collect information from or otherwise interact with the Service;
5.16 Distribute, license to use, transfer, or sell all or any part of the Service or any derivative work thereof;
5.17 Market, rent or lease the Services for a fee or expense, or use the Services to advertise or make any commercial solicitation;
5.18 Use the Service, without the express written consent of the Provider, for any commercial or unauthorized purpose, including the exchange of information or the facilitation for any advertising commercial, solicitation or spamming;
5.19 Interfere with or attempt to interfere with the proper functions of the Service, disrupt the Provider's website/application or any networks affiliated with the Service, or disable any method which the Provider uses to prevent or limit access to the Service;
5.20 Actions affecting NCT, using programs, tools or other forms to interfere with NCT;
5.21 Distributing, spreading or promoting any activity to interfere, destroy or infiltrate the data of products, provided services or server systems;
5.22 Unauthorized login or attempt to log in illegally or cause damage to the server system;
5.23 Trading NCT ID accounts with money;
5.24 Any act of destroying the products of The Provider in any form.
In the above cases, Provider reserve the right to refuse service, terminate accounts or limit access to the Service at Provider sole discretion, at any time and without prior notice.
ARTICLE 6. NCT VIP ACCOUNT
6.1 Upgrade Fee for NCT VIP Account: The fee will be published from time to time on NCT for each upgrade package, this fee includes VAT and is the amount that the User must pay to The Provider to use the NCT VIP package.
6.2 User can experience flexible NCT VIP package according to the following terms: On a monthly or annual basis, depending on the User’s selection.
6.3 Users bases on their personal needs to choose the appropriate service package and pay with the available payment methods on NCT.
6.4 The Provider reserves the right to update and change the price of NCT VIP Account package from time to time. The change of price shall take effect at the time the User starts to register to use the next Account package after the date of the fee change. By continuing to use the service and make transactions, the User acknowledges and agrees to accept the adjusted price.
6.5 In all cases, paid service fee shall not be refunded.
6.6 Trial version of NCT
· The Provider may provide an available trial of NCT VIP for a certain period of time (usually for a month), whereby the User will have the opportunity to experience NCT VIP for free without any cost. The Provider shall notify the User about the terms and specific regulations of the cases to experience this trial. The Provider reserves the right to update the terms provision of trial to the User at any time without prior notice. The Provider also reserves the right to withdraw or discontinue the trial version without prior notice and any liability.
· When the User registers for trial version, the Provider will provide the User with relevant information on automatic payment regulations after the end of the trial period; At the same time, according to regulations from relevant partners, the Provider will require the User to provide payment information before starting to experience the trial version. By providing payment information, the User acknowledge and agree that on the first day after the end of the trial period, the Provider will automatically charge the specified price for using NCT VIP. In case, after the trial period, the User does not want to continue using the service; or Users do not want to be charged after the trial period expires, the User is requested to unsubscribe from the auto-renew feature before the expiration of the trial period. In order to learn more about trial terms, try, Users please see details in specific Notice from the provider from time to time.
6.7 Terms of saving payment cards: With the feature of 'Save and Secure Cards for Next Time' at the international payment portal and the domestic portal, the Provider will not directly save the User's card. To ensure safety and security, the User's card information shall only be saved by Napas - Vietnam National Payment Joint Stock Company or organizations providing intermediary payment services international payment platforms such as Google and Apple.
6.8 'Auto-Renew' feature: The feature of 'Auto-Renew' is an automatic reactivation feature to charges User for NCT VIP service packages when the renewal period is due. By agreeing to subscribe to the auto-renew feature, the User acknowledges and agrees to authorize the Provider or a third party to automatically deduct money from the payment card account that the User has registered when payment time due.
6.9 'Automatic Renewal Notification' is a feature that automatically reminds User to activate NCT VIP service package when it expires. By selecting the 'Automatic Renewal Notification' feature, the User agrees to allow the Provider send a payment reminder when the user's service package comes to a billing period.
6.10 In case the User subscribes to the 'Auto-Renew' or 'Automatic Renewal Notification' features and uses a discount code for the first payment, when the payment period comes, the system shall automatically collect fee or remind payment based on the original price of the service package.
6.11 Payment period is the time when the current Account package subscribed by User expires.
6.12 The request for Service cancelation shall be effective after the last day of current service cycle.
6.13 In case of error when making payment, User is obliged to inform and provide The Provider with payment evidences to recheck and process. If the error stems from The Provider, The Provider shall re-open the service for the User to use. The Provider’s policy is not allowed to refund paid service fee.
6.14 The NCT VIP Account is an upgraded version of the standard NCT ID account. Upon upgrading, the Member shall be entitled to access certain enhanced features not available to standard NCT ID accounts, such as listening to and viewing musical content on NCT without advertisement interruptions, higher quality of accessed content and other features as stipulated by the Provider from time to time and publicly announced on NCT.
ARTICLE 7. RIGHTS OF SOCIAL NETWORK USER
7.1 Subject to terms and conditions of this agreement, the user is granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, in territory of Vietnam license to access and use the Service, including downloading to authorized devices, and to access to content on NCT solely for personal, non-commercial purpose through using the Service, subject to the compliance with this Agreement. The Provider reserves all rights to its Services that are not expressly granted under this Agreement. The User acknowledges and agrees that The Provider is entitled to terminate this license at any time for any reason or no reason, without any prior notice or other obligation.
7.2 After registration of NCT ID, the User can use a part or all services on NCT, subject to the Account package registered by User.
7.3 All Users who registered NCT ID has following rights:
· The right to change, amend, update personal information, account information, password.
· All Users who registered NCT ID is allowed to use products, services on NCT.
· The right to allowed provision of User’s personal information to other individuals, organizations, businesses.
· The right to be protected personal information and private information according to Laws.
· User is supported to handle arising problem relating to NCT ID account, payment, the access of Services on NCT as prescribed in The Provider policy.
7.4 By registering as a Member of NCT, the User acknowledges and agrees to grant NCT the right to disclose personal information, including but not limited to: full name, photo, identification documents, phone number (i) ) at the request of an authority agencies, under an administrative decision, judgment, or (ii) upon the request of a third party who, through the methods allowed on NCT, sends to NCT a Complaints related to infringement of intellectual property rights or moral rights of the content that the User has posted, shared on NCT or (iii) other cases of disclosure of information in accordance with the provisions of this Agreement and the rules of Laws. The disclosure of information by NCT in this case is not considered as an invasion of privacy or disclosure of the User's personal information and will not bear any liability.
7.5 Other rights according to Laws.
ARTICLE 8. LIABILITY OF SOCIAL NETWORK USER
8.1 Before using social network, including using services or features on NCT, User must register an account of social network and take responsibility for all activities conducted by registered account and password.
8.2 In order to receive the support from the Provider and to use social network service, User’s account must be registered with full information honestly, accurately. If there is any change, amendment of information, the User must update immediately as guided on NCT.
8.3 The User warrants that provided information when registration of account is up-to-date, complete, truthful and accurate and that the User shall be responsible for all information provided by the User.
8.4 User is responsible for the confidentiality of account information including: Password, phone number, email for account registration, and associated account. If the above information is disclosed in any way, the User must accept the arising risks. If there is a dispute, the Provider will rely on the information available in the account to determine the account owner and the Provider will not be responsible for any loss arising from such dispute. the Provider's decision to settle a dispute over account ownership will be enforceable and final.
8.5 The User shall immediately notify the Provider of any unauthorized use of the User's account and password or any other breach of security system. The User also warrants that the User always sign out his/her account after each use. The Provider shall not take any responsibility, directly or indirectly, for any loss or damage caused by the User's failure to notify in accordance with this agreement.
8.6 The User is solely responsible for the User content and images of comments and articles posted on social networks via User’s NCT ID Account, as well as the entire transaction process with partners on social networks during the use of social networking services.
8.7 Users is obliged to comply with intellectual property regulations in accordance with the laws and NCT's intellectual property policy published at the link https://www.nhaccuatui.com/intellectual-property-policy during the use of the service.
8.8 When recognize errors of products and services, or problems affecting the normal operation of NCT as well as related products and services, Users kindly notify the Supplier via the Customer hotline: (08) 868 79 79 – Ext: 127 or by email: support@nct.vn
8.9 The User is not allowed to reproduce, copy, sell, resell or exploit for commercial purposes any services, or User content (including in posts, comments) of the social network (including personal account of the User) or on behalf of any third party without the prior written consent of The Provider.
8.10 The user undertakes to perform the responsibility to ensure the lawful use of digital information content posted on the Internet and telecommunications networks.
8.11 Users are responsible under the law for the information they store, transmit, provide or disseminate online.
8.12 Account owners and Content Channel owners are responsible for managing the content posted on their accounts or Content Channels.
8.13 The User can be subject to administrative sanctions and criminal prosecution if the User violate intellectual property rights when using NCT.
8.14 The user is responsible for cooperating and providing appropriate information when requested by a competent state agency to serve investigation, statistical work, or other appropriate work according to the provisions of laws.
8.15 The user commits not to: use social network services for commercial, illegal, fraudulent, threatening, destructive purposes; creating and spreading viruses that damage the system, social network configuration; transmitting information of social networks or using social networking services for the purpose of speculation, manipulation or division of the market. In case of violation, the User must be liable for his/ her actions according to Laws.
8.16 The User must strictly comply with the provisions of ARTICLE 5 of this agreement regarding prohibited acts. In case of violation, depending on the seriousness of the acts, the Provider will permanently block the account, cancel the User’s rights to NCT's products and services and/or The Provider's products, and may request the authorities to prosecute the User if necessary.
8.17 The User is not allowed to discredit The Provider in any form such as posting information (including in the form of comments and posting articles) that is comparative, disparaging The Provider’s competitors with The Provider or content that offends the honor and dignity of any individual or organization.
8.18 The User is not allowed to block password or illegal use Password and private information of others on social network.
8.19 The User is not allowed to access or use any part of Server of social network. It is prohibited to take advantage of error in system for personal grain and causing damages to The Provider.
8.20 Users hereby agree to indemnify, defend and hold The Provider, its parent company, subsidiaries, and affiliates, and their managers, directors, employees, agents and counsels harmless from and against any and all claims, liabilities, costs, and expenses, including but not limited to attorneys' fees and expenses arising from a violation of the User or any other person using the User's account under this Article, or arising from the User's breach of the User's obligations, representations and warranties under this Agreement.
8.21 By posting or sharing User content on or via The Service, The User waives any right to inspect or pre-approval any advertising or promotional material relating to that Content. The User also waives any and all rights of privacy, disclosure, or any other rights having similar nature with respect to the User Content, or any portion thereof. For any moral rights that are non-transferable, the User hereby waives and agrees never to claim any and all moral rights, or to assist, maintain or give authorize any act related to any moral rights that the User may have or in connection with any User Content that the User Uploads through the Service.
8.22 If the user is allowed to upload content (songs, video), The User can share permitted information in the default formats and The User must be liable for content, information, image or any other content as well as legality and legal liability of the User’s content, information, sharing with other users, organizations using that content. However, in any case, the provider reserves the right to process posted information to ensure that it is suitable with the customs, codes of ethics and rules relating to national security, and the Provider reserve the right to approve or reject the User content to appear or exist on NCT or in areas where information is allowed to be shared.
8.23 The User allow the Provider to freely use, disclose, apply or revise any idea, conception, method, suggestion, comment or any other that the User provides the Provider via using Service, products of NCT, free of charge. The User hereby waives and agrees to waive any right and claim to any gratuities, fees, royalties or other payments in connection with the Provider's use, disclosure, application edit any or all User feedback.
8.24 Do not use social networks for unauthorized journalistic activities.
8.25 Be responsible for managing the content posted on User’s account, Content channel and on NCT; be responsible to prevent and remove any content that violates the law, infringes upon the lawful rights and interests of other organizations or individuals, or negatively affects children, including user comments, no later than 24 hours upon receiving a request via telephone, in writing, or through electronic means from a competent authority in accordance with the law, or no later than 48 hours upon receiving a substantiated complaint from another User; Do not use social networks to produce content in the form of reports, investigations, or press interviews.
8.26 User’s Account, Content channel on Social network when providing information via livestream feature must comply with legal regulations. In case of providing information related to other specialized services, Users must comply with specialized legal regulations
8.27 Perform other responsibility according to the Laws.
ARTICLE 9. RIGHTS OF THE PROVIDER
9.1 Right to provide the service of social network and receive service charge applied subject to regulation and policy of the Provider at each time.
9.2 For NCT Platform:
· Full right to modify, add, adjust, cancel any interface, form of expression, function, content, service of the Social Network at any time without prior notice;
· The Provider reserves the right to add, change or delete any content in this agreement without prior notice. By continuing to use the service on social networks after such changes, the User implicitly agrees to abide by the revised and supplemented contents of this Agreement.
· No warranty or commit from the Provider that each part of the content or services of the social network will be uninterrupted, error-free, virus-free, punctual, safe, accurate, and stable.
9.3 For the User:
· If the User provides any information that is not truthful or accurate, or the Provider has grounds to suspect that such information is inaccurate or the User is in breach of any provision of this Agreement and/or the intellectual property rights policy and/or other policies on NCT, the Provider reserves the right to temporarily block, terminate, delete the User's account without the User's consent and any liability to the User. In the event above sanctions are applied, the User who paid fees for the services on NCT shall lose the right to use the paid services from the time the NCT ID account is blocked, removed without any right to complain or request refund of any fee.
· When recognize the violation of the User such as cheating, cracking or hacking information or other faults, the Provider reserve the right to use provided information when registration of account to authority agencies to process according to provisions of Laws.
· The Provider is entitled to refuse to support the account providing inaccurate and incomplete information and the account violate non-disclosure responsibility as stated in this Agreement.
· The Provider reserves the right to remove the User's postings, comments, articles or immediately deny the User's access to the social networking site or any part thereof without prior notice, if the Provider discovers that the User has violated any provision of this agreement.
· The Provider is entitled to refuse to publish, to remove or prevent the access to any content provided by The User on Social network at any time and for any reason, with or without prior notice.
· The Provider is entitled to allow or not allow User’s articles, comments appear on Social Network.
· If the User fail to comply with the regulation of the Provider, the Provider reserve the right to block right of commenting or posting article of User and/ or refuse, stop providing Service subject to the consideration of the Provider and the level of violation.
ARTICLE 10. RESPONSIBILITY OF THE PROVIDER
10.1 Publicize the Agreement to provide and use social networking services.
10.2 Be responsible for supporting members, social network service users in the process of using The Provider's products and services. Receive and resolve complaints of User during the use of products and services of the Provider. To clarify, the Provider only supports accounts registered with complete, honest and accurate information.
10.3 Except for the permitted disclosures set out in this agreement or NCT's privacy policy or intellectual property policy, or as required by law or as otherwise accepted by members, the Provider is responsible for confidentiality of User's personal information, User’s private information. The Provider is responsible for ensuring the Members' discretion in allowing their personal information to be provided to other organizations, businesses and individuals or in the use of their personal information for advertising or communications.
10.4 Do not actively provide public information with content that violates the provisions of ARTICLE 5 of this Agreement.
10.5 Do not post or allow Users to produce content in the form of journalistic reports, investigations, or interviews and upload such content to the social network
10.6 Monitor, supervise, prevent, and remove information and services that violate Article 8 of the Law on Cybersecurity no later than 24 hours from the time the violation is detected
10.7 Block or remove information and services that violate the law or infringe upon Vietnam’s national security no later than 24 hours from the time a request is received via telephone, in writing, or through electronic means from a competent authority in accordance with the law
10.8 Temporarily suspend Accounts, Content channels that frequently post illegal content (at least 05 instances of violating content within 30 days, or at least 10 instances within 90 days, as requested for removal or blocking by competent State authorities), no later than 24 hours from the time of request via telephone, in writing, or through electronic means from a competent authority, or from the time the violation is self-detected. The temporary suspension period shall range from 07 to 30 days, depending on the severity and frequency of the violation and decision of the Provider.
Permanently suspend Accounts, Content channels that post content infringing national security or Accounts, Content channels that have been temporarily suspended three or more times, upon request via telephone, in writing, or through electronic means from a competent authority in accordance with the law.
10.9 Within 48 hours of receiving a User’s complaint regarding content that violates Article 8 of the Law on Cybersecurity, the Provider must block or remove such unlawful content or services.
For complaints relating to the lawful rights and interests of other Users, the Provider shall act in accordance with the law on consumer protection, intellectual property, and other relevant legal provisions, as well as the provisions of this Agreement.
10.10 Register, store, authenticate, and manage User content and information in accordance with applicable laws.
10.11 Retain, for a minimum of 02 years, information relating to Accounts (including full name, date of birth, mobile phone number in Vietnam), login and logout times, user IP addresses, and logs of content moderation activities; and delete such information of service users in Vietnam after the retention period expires, as prescribed by law.
10.12 Connect to the monitoring system of the Ministry of Culture, Sports and Tourism for the purpose of tracking and reporting service usage statistics and user traffic.
10.13 Implement child protection measures in the online environment in accordance with the law on child protection.
10.14 Provide search and scanning tools of content upon request from the Ministry of Culture, Sports and Tourism (Authority of Broadcasting and Electronic Information) and the Ministry of Public Security.
10.15 Coordinating with authority agencies to remove or block information that violates the provisions of Article 5 of this Agreement.
10.16 Provide User information to competent authorities upon written request for the purpose of investigating and handling violations of laws on the management, provision, and use of Internet services and online information.
10.17 Having at least 01 server system in Vietnam that meet requirement of inspection, storage, provision of information as requested by authority agencies and resolve complaints of client relating to provision of Service according to regulation of the Ministry of Culture, Sports and Tourism, the Ministry of Public Security, other competent authorities, and resolve user complaints related to the provision of services in accordance with applicable regulations.
10.18 Reporting according to regulations and subject to inspection and examination by authority agencies.
10.19 Other obligations as prescribed by law.
ARTICLE 11. PROCESS OF DISTRIBUTING AND RECOMMENDING CONTENT ON SOCIAL NETWORKS
Users can customize the distribution of content recommendations on Social Network by setting their interest in the section: “Me” > “Settings” > “Personalized setting” to select their favorite music genres and artists, the system will suggest content based on those settings.
Users can customize the distribution of content recommendations on Social Network by setting their interest in the section: “Me” > “Settings” > “Personalized setting” to select their favorite music genres and artists, the system will suggest content based on those settings.
ARTICLE 12. SANCTIONS FOR MEMBERS IN VIOLATION OF THE AGREEMENT
12.1 Member violates any obligation, commitment, prohibited acts as prescribed in this Agreement shall, depend on the seriousness of the violation, be subject to corresponding sanctions as stated in this Article. The Provider reserves the right to at the same time apply measures as stated in specific provisions.
12.2 Where a Member's breach is not covered by this Agreement, the Supplier shall, depending on the nature and seriousness of the breach, have the sole discretion to determine the appropriate level of sanctions.
12.3 Sanctions: Blocking service, Warning, blocking account for a term (from 07 days to 30 days) or permanently.
12.4 Blocking service and Warning are applied as follows: the Provider immediately take down infringing content or block using services and applies a warning via email or at the time of account access for minor first-time violations (excluding violations of the prohibited acts as specified in Article 5 of this Agreement or violations requested to be blocked or removed by competent State authorities).
12.5 Blocking account in a term (07 days to 30 days) or permanently is applied including but not limited to following acts:
· A Warning has been applied but the violation continues to recur or is repeated or the User commits a new violation.
· At least 05 instances of violating content within 30 days, or at least 10 instances within 90 days, as requested for removal or blocking by competent State authorities.
· Invasion of privacy: Using other people's photos without permission, publicizing Personal documents and other people's information such as identity, address, phone number without permission
· The User takes advantage of NCT to against the Socialist Republic of Vietnam. This behavior including but not limited to: using name of account which is same as famous people, national heroes, leaders of the Party and State, or the users use images, videos, statements, comments, etc. containing information of political issues or revealing state secrets of the Socialist Republic of Vietnam.
· The User takes advantage of NCT to provide information, content or perform acts that violate fine customs and traditions.
· Pornographic information, images, videos, audios: the User uploads pornographic images, sounds, videos or post information about online sex chat rooms, pornographic videos, propaganda pornographic content.
· Betting and gambling information: Taking advantage of NCT to upload information, content, images, audio, video containing information of betting, gambling or containing agreements relating to money, cash, and artifacts.
· Spreading deceptive information: Using images, audio or video containing fraudulent information, or information of organizations, individuals, cheating, defrauding other people's property.
· Destruction of NCT system: User takes advantage of the use of products and services to infiltrate the server system in order to destroy products and services or prevent the access to information. The User use technical tools to increase 'title', or to hang up, spam chat, attack DDOS, spread viruses.
· Attacking others: Using images, information, audio or video to insult, give information that distorts, slanders, ridicules, damages the reputation of organizations and individuals.
· Infringement of intellectual property rights: Stealing content of others on other platforms, copying or quoting without permission, using someone else's copyright or violation of intellectual property policy of NCT.
· Permanently suspend Accounts that post content infringing national security or Accounts that have been temporarily suspended three or more times, upon request via telephone, in writing, or through electronic means from a competent authority in accordance with the law
· Violate of other obligations of the User as stipulated in this Agreement and in accordance with applicable law.
ARTICLE 13. WARNING RISK
RISKS WHEN STORE, EXCHANGE AND SHARE INFORMATION ON THE NETWORK
13.1 When the User register and use the feature of signing in from linked account, the User’s information shall be shared to third parties. The User acknowledge and agree that sharing and attached risk (if any). The User releases the Provider from any responsibility relating to that sharing.
13.2 The User understand that transferring and creating information via NCT shall cause the risk that others can copy or re-use that information in other way, it means, the User agree for other Users access, watch, store and reproduce the information for those Users. The information against regulations of culture, intellectual property rights etc. can lead to legal liability to the user transferred, shared, created the information.
13.3 The Provider makes no representations, warranties or guarantees, whether express or implied, that any Content on NCT (including User Content) is accurate, complete or up to date. Where the Provider's Services contain links to other websites and resources provided by third parties, these links are provided solely for reference. The Provider has no control over the content of such websites or resources. Such links shall not be construed as consent of the Provider to the websites linked to or information received by the User from such websites. The User acknowledges that the Provider has the right but not the obligation to pre-review, monitor, rate, or edit any content posted by the User or other users on the Service (including User Content). The User acknowledges and agrees that when access to content provided by other users on the Service, the User shall take his/her own risk. Content on the Provider's Services is provided for general information purposes only. The content on the Provider's Services is not intended to be provided as an advisory opinion for the User to rely on. The User should obtain professional or expert advice before taking, or not to take, any action on the basis of content on the Provider's Services.
13.4 The information and materials contained in the User Content, have not been verified or approved by the Provider. The views expressed by other users of the Service do not represent the views and judgments of the Provider.
THE RISK IN FORCE MAJEURE CASES
13.5 In case of force majeure including but not limited to problem of electricity, the breach of hardware, software, internet interruption or natural disaster, etc. The User have to accept arising risks or damages (if any). The Provider commits to make every effort to minimize the arising risks and damages, but the Provider will not bear any responsibility in these cases.
13.6 The access to Service on NCT can be interrupted due to force majeure events which can not be foreseen by the Provider and the User acknowledge and agree that those risks may occur and accept them without any request of indemnity or complaint.
RISKS IN TRANSACTIONS OF THE USER WITH THIRD PARTY
13.7 The Provider shall not be liable for risks arising from transaction between the User and third Party in during the use of Service on NCT. When the User use products of third party or have transaction with third party, the User understand and agree to take arising risks.
ARTICLE 14. COMPLAINTS AND DISPUTE SETTLEMENT MECHANISM
14.1 For the dispute between Members and The Provider or other individuals, organizations, the provider shall base on log system to settle. Accordingly, the Provider shall protect the rights of the User who register account with full information in accordance with the regulations.
14.2 The Provider shall receive the claims and support members to settle dispute within the scope of provided services.
14.3 Any claim arising during the use of NCT must be sent to the Provider immediately after the event arising the claim:
· Contact address: 19th floor, No 67 Hoang Van Thai Street, Tan My Ward, Ho chi Minh City.
· Client hotline: (028) 3868 79 79 – Ext: 127
· Email: support@nct.vn
14.4 Parties in a dispute shall have responsibility in actively resolving the matter. The complainant is responsible for providing evidence, certified information relating to the conflicting incident and must be responsible for the content of the complaint, documents, evidence provided in accordance with the law. The supplier shall be responsible for checking the authenticity of the evidence and information provided by the complainant and having a response through the system that received the complaint.
14.5 The supplier will base on each specific case to have an appropriate settlement. The User acknowledges and agrees that, in all cases, the claim settlement decision from the Provider will be final and enforceable.
14.6 Timeline for settling dispute and complaint: 30 working days from the date of receipt of complete and valid information from the User, except as otherwise provided in this Agreement.
14.7 The Provider only support, settle complaint, denunciation of User if the User has provided honest, full and exact information when registering account.
14.8 For disputes between NCT Members such as a User’s complaint regarding information posted on the social network by another User that affects the lawful rights and interests of an organization or individual, The Provider will decide sending contact information of one party to the other to resolve themselves or The Provider will base on the actual situation to settle. Accordingly, The Provider will protect the legal and legitimate members' interests in the best way.
14.9 In case dispute stems from one certain member’s default, The Provider shall apply sanctions of warning, blocking account or providing information of case to authority agencies subject to the seriousness of default. The Provider shall terminate and remove all posts, comments of that Member on NCT, and request the Member to publicly apologize to the party that has been violated.
14.10 If dispute can not be settled via mediation, one party in dispute has right to request authority agencies to protect their legitimate rights.
14.11 Disputes arise during the use of NCT shall be settled in accordance with Provider’s policy and current laws of Vietnam.
14.12 Expenses related to the settlement of complaints, disputes: The violating party has proven fault and/or according to the judgment of a competent agency will be responsible for the costs related to the settlement of the complaint, disputes. However, the Provider is completely exempt from related legal obligations, proceedings, losses and costs.
ARTICLE 15. POLICY OF DATA PROCESSING AND CONFIDENTIALITY
15.1 The collection and processing of information of Social Network Users will comply with the provisions of the Privacy policy on the NCT platform at https://www.nhaccuatui.com/privacy-policy
15.2 The Provider can use the User's data to customize and improve in order to serve the User better. Information collected on social networks shall be used extensively throughout the social networking services that the Provider is providing to the User, and will be used for all purposes on the social network to ensure optimal functionality and efficiency of the used information.
15.3 The Provider shall not use the User’s information for illegal purposes.
15.4 Subject to regulations, policy of Social network, the Provider is entitled to provide third party with the user’s information in cases including but not limited to:
· The provider is permitted by the User to do so.
· The User can use information related to activities of the user’s account for system quality improvement, service quality and social trend identification.
· Service of the Provider requests the provision of information to third party.
· In accordance to laws.
15.5 In case the User register to user third party service in Social network, the User agree to provide personal information, private information and related information to third party must take responsibility of confidentiality. The provider is not responsible for the security and confidentiality of User in this case.
15.6 In some other cases (with the consent of the User), the Provider will connect the User's account with customer care and trade promotion activities to bring the best benefits to the User.
15.7 The User's personal information and User content shall be stored by the Provider's system at least 02 (two) years or until the Provider is no longer in operation.
15.8 Technical measures taken by the Provider to ensure that the User's personal information is not leaked, stolen or deleted in the best way.
15.9 Personal information may be disclosed under certain circumstances in accordance with this Agreement, the Provider's policies and laws.
15.10 The Provider makes effort to keep the personal information and private information of the User safe from unauthorized access. However, the Provider does not warrant, undertake to prevent all unauthorized access to, use of personal information beyond the control of the Provider. Therefore, the Supplier shall not be liable in any way for any claim, dispute or damage arising in connection with the unauthorized access, or use of information beyond the control of the Provider as above.
15.11 The Provider shall ensure the Users's right to decide whether to allow the collection of their information or to provide it to other agencies, organizations, businesses, or individuals by the method that the User reads and confirms their agreement to the Privacy Policy publicly disclosed on NCT before using the Service
ARTICLE 16. INTELLECTUAL PROPERTY RIGHTS
16.1 All intellectual property rights existing in the products and services of The Provider belong to The Provider or are legally licensed for the The Provider to use. Except for the case of The Provider's consent, Users are not allowed to upload, send, publish, reproduce, transmit or distribute in any way, any components of The Provider's products or services.
16.2 By accessing and using NCT's Services, the User acknowledges and agrees and undertakes to comply with the provisions of this Agreement, the privacy policy, the intellectual property policy and any other policies launched by The Provider on NCT regarding intellectual property rights.
16.3 Supplier reserves all rights, including but not limited to copyright, related rights, trademarks, trade secrets and other rights in all The Provider products. The use of the Supplier's rights requires prior written consent of the Supplier. Beside license by written consent, the Provider does not grant any other license whether express or implied, for the User to exercise the above rights. And thereby, the User has no right to use the Supplier's products for commercial purposes without the prior written consent of the Provider.
ARTICLE 17. LIMITATION OF LIABILITY AND DISCLAIMER
17.1 The Provider affirms that posting of content and sharing of information on social networks is entirely derived from the will and personal views of the User. The Provider creates an environment for Users to exchange and share information with each other but is not responsible for any incorrect or inaccurate information in the content posted by the User.
17.2 The Provider is not responsible for the consequences directly or indirectly related to what the User does on the social network. It is the User's responsibility to evaluate and accept all risks associated with the use of any content in the articles or comments including the accuracy, completeness, or usefulness of the content.
17.3 In the event of disputes arising from the User's actions, content or information on a social network, the User agrees to keep the Provider and its parent companies, subsidiaries, affiliates and related companies, affiliated organizations, officers, representatives, partners, suppliers, employees of the social network, are disclaimed for claims of indemnity, including reasonable attorneys' fees, of any third party.
17.4 The User of service must be fully liable for all information content and images, video clips posted on social networks. The provider is not responsible for any violations relating to the posted User content, or for violations of copyright, intellectual property rights related to the content and images posted on the social network. The User in breach must indemnify, and reimburse the Provider for all losses and expenses (including attorney and court costs, if any) that the Provider may have incurred due to the breach formed by the behavior or default of such User.
17.5 If there is any complaint or dispute between the User and the right holders regarding the content posted on the social network, that User must actively resolve and negotiate with the right holders, and is solely responsible for the settlement of claims, and shall be liable for any damages arising from copyright, trademark, and intellectual property infringement, to ensure Supplier's business is not affected.
17.6 The Service is provided “as is” and the Provider makes no warranties or representations to the User regarding the service. In particular, the Provider does not represent or warrant to the User that:
· The User's use of the service will satisfy the User's requirements;
· Operational or functional defects of any software provided to the User as part of the service shall be rectified.
17.7 To the fullest extent permitted by law, in case of any dispute the User has with any third party arising from the User's use of the service, including but not limited to, any the carrier, any copyright holder or other users, the User irrevocably protect the Provider and its affiliates from any and all claims and damages (actual and consequential) of whatever nature and manner, known or unknown, arising out of or in connection with such disputes.
17.8 The Provider shall not be responsible for:
(i) any loss of profit (directly or indirectly);
(ii) any loss of commercial advantage;
(iii) any loss of opportunities
(iv) any data loss.
(v) any loss or damage that the User may suffer due to:
· any faith the User places in the completeness, accuracy or existence of any advertisement, or a result of any relationship or transaction between the User and any advertiser or sponsors whose advertisements appear on the service;
· any changes the Provider may conduct to the service, or as a result of a temporary or permanent discontinuance of the service (or any feature in the service);
· the deletion, falsification, or failure to store any content and communication data maintained or transmitted by or through the User’s use of the Service;
· the User's failure to provide the Provider with exact account information; or
· the User's failure to keep his/ her password or account details safe and confidential.
17.9 The User agrees not to use the Provider's platform for any business or commercial purpose, and the Provider has no liability to the User for any loss of profits, business, reputation, disruption of business, or loss of business opportunity.
Article 18. MISCELLANEOUS PROVISIONS
AMENDMENT AND STOP PROVISION OF SERVICE
The provider is constantly changing and improving the quality of social networking services for the User. Therefore, the Provider may, with or without notice, modify or discontinue the service to the User at any time. The User agrees that the Provider has no liability for any modification, suspension or discontinuance of the service on the social network.
The Provider may, on a case-by-case basis and without prior notice, immediately terminate the terms and conditions established under this agreement and terminate the User's right to use the social network services.
Reason for this termination includes, but is not limited to: a breach or consequential breach of the agreement or the breach of governmental guideline or other applicable law; as required by law enforcement or by other competent authorities; no continuation or fundamental change to the social networking service; unexpected technical or security problems; the account has been inactive for a long time; The Provider has reasonable grounds to believe that the User is using or intends to use the social networking service to engage in fraudulent or illegal activities; The User does not pay any service fees that the User must pay.
UPDATES OF AGREEMENT
The terms specified in this Agreement can be updated or modified at any time without prior notice to the User. The Provider shall clearly announce on the NCT platform about those changes and additions.
CONFLICTS OF PROVISIONS IN THE AGREEMENT
In case one or some provisions of this Agreement conflict with the provisions of law and are declared that the provision are invalid by the Court, such provisions shall be amended to be consistent with the applicable law, and the remainder of the Agreement will remain in full force and effect.
This agreement is bound with User from the time User access and use Service on Social network.
This Agreement is made in Bilingual Vietnamese and English. In case there is a conflict between Vietnamese and English version, the Vietnamese version shall prevail.
This Agreement is drafted on 21/08/2025.



