Version V2.1 released on 28/08/2018
This is a legal agreement between the customer and MISA JSC, which stipulates terms of service for Shop Management Software. This is an e-agreement between two parties. By clicking on the “Agree” button, you agree that these terms shall apply if you elect to access or use the service. This click is understood that two parties have signed the contract.
1.1. Software: Shop Management Software MshopKeeper provided by MISA includes web-based management page, installers on PCs, tablets, smart phones, and other supporting apps.
1.2. System: Includes servers in MISA’s data center which are installed system software and MShopKeeper software.
1.3. MISA: Is MISA Joint-stock Company, the provider of the Shop Management Software.
1.4. Customer: Is an organization or individual who registers to try or buy MShopKeeper software.
1.5. Activation fee: This is a one-time payable fee to MISA to activate the software for your first use.
1.6. Subscription fee: The fee you pay to MISA to use the software. Subscription is charged monthly and you can pay in advance for multiple months upon purchase but minimum 12 months.
1.7. Subscription period: This is the period of time you are granted right to use MShopKeeper software as per registration and payment regulation by MISA.
1.8. Extension: Is the time MISA extends your use of MShopKeeper as agreed.
1.9. Derivative information: Is information gathered, derived from the original information generated by the customer in MISA’s software. For example: Derivative information from Personal accounting software can be a report on the Vietnamese average income or average monthly expenditure.
2.1. You have the right to make full use of the software features when the subscription is valid.
2.2. For each subscription you registered and paid, you’ll be provided a domain for your use and data. If you want to change to the other domain, you can send a request as stipulated by MISA. After issuing new domain, MISA will cancel subscription of the old domain in order to ensure that each subscription has a single domain remained.
2.3. You cannot use the software to to update, send email, write posts, transmit data and other actions for the following purposes:
- Harm, disturb others or cause injury to people and property;
- Publish fraudulent information or data which is disparaging, harassing or obscene;
- Infringe on the rights to privacy or racism, religion, sex, and the disabled;
- Infringe on intellectual property or other proprietary rights;
- Interfere with or disrupt Service (including but not limited to accessing the Service through any means of machinery or software);
- Violate legal regulation.
2.4. Before the expriry date, you need to renew your subscription to continue using the software. The time of renewal is the time from the expiry date of the previous subscription.
2.5. When the subscription expires, you only can log in for 7 days more. After these 07 days, you cannot log in the software any more.
2.6. When the subscription is overdue more than 30 days, if you do not renew MISA will cancel your subscription and delete your data. You cannot use MShopKeeper software after MISA cancels your subscription.
2.7. Your MShopKeeper subscription will be cut within 07 days from the date of receiving MISA’s notification via email or automatic notification if:
- You do not register to extend and pay to MISA if the subscription is overdue for more than 30 days;
- You request to cancel the subscription;
- You violate our terms of service;
- You violate the law and the competent authority requires MISA to stop providing service to you.
3.1. For the first time of use, you need to pay for activation fee and subscription (minimum 12 months) to MISA.
3.2. You are responsible for making payment to MISA 100% of the product/service package you select immediately after you place an order with MISA.
3.3. The time to start charging your subscription is the time MISA provides you with access information according to MISA’s email.
3.4. The payment for next subscription must be made in advance of the expiry date of the previous subscription. MISA will send notification on this payment right on MShopKeeper software which you are using (as stipulated in article 6.5a).
3.5. MISA is entitled to change subscription fee according to the market and publish it on the website: www.mshopkeeper.com. If you have paid for multiple months in advance, the subscription fee will remain the same during the time you have paid.
3.6. You can make payment to MISA by cash, transfer or online via bank or a third party. In case of payment by cash, you will only give payment to MISA’s staff when this staff shows Letter of recommendation by the Company/Representative Office of MISA JSC regarding payment (noting specific amount), employee card, original identity card.
3.7. MISA shall not return any payment after MISA completes handing over our product/service to you.
4.1. MISA shall provide you with license within 07 days after you make payment to MISA.
4.2. You should log in and check the expiry date according to the access information sent by MISA via email. When you log in the software, it is assumed that MISA has completed the hand-over of our product.
4.3. You should prepare devices, human resources and connection as recommended by MISA.
4.4. You should receive and use the software as recommended by MISA.
4.5. Upon receipt of the account from MISA, you should change default password right at the first time of using the software.
5.1. MISA is responsible for providing customer support when you use MShopKeeper software via call center +84 2854318318, email [email protected], forum (forum.misa.com.vn) and other forms of support as announced on the website www.mshopkeeper.com.
5.2. You should read user guide at http://help.mshopkeeper.com and other support pages as notified on the website www.mshopkeeper.com.
5.3. By using consultancy service through call center 1900-8677, you agree to pay for telephone charge as stipulated by the mobile providers.
5.4. Other support services (like on-site support, training and re-traiing service) will be mutually discussed and agreed by both parties on the cost and method of implementation.
6.1. MISA is responsible for ensuring technical conditions so that the customers can use the software 24h/day and 7 days/week excluding maintenance, upgrade or troubleshooting time. System downtime for maintenance or upgrade or backup will be notified in advance by MISA directly on the program. Maintenence, upgrade or backup will be conducted daily, weekly, monthly or yearly and prioritized at night when the system is used the least.
6.2. MISA is responsible for troubleshooting the system at least 8 hours after receiving customers’ requests.
6.3. MISA is responsible for updating the latest version of the software for free for customers to use during your paid subsription period.
6.4. You accept all patches, fixes, upgrades, and maintenance which are necessary for the program to run properly and ensure security of the service. Except in an emergency, MISA will inform you in advance of these fixes or upgrades.
6.5. When the subscription is going to expire, MISA will notify you directly on MShopKeepr software as follows:
- Within 30 days in advance of expiry date: Notify you of the remaining time of the subscription and instruct you how to extend;
- After the expiry date: Notify you of the expired subscription, you cannot use the software anymore and instruct you how to extend;
- If the subscription is overdue 30 days, MISA will cancel your subscription and delete your data in our system.
6.6. You can check your subscription on the software.
7.1. You register a trial account at www.mshopkeeper.com. When you try using MShopKeepr software, you can:
- Use all features;
- Trial period is 15 days.
7.2. MISA will notify you of trial time as follows:
- Within 15 days in advance of the expiry date, MISA will notify you of the remaining time and instruct you how to buy license;
- When the trial expires, MISA will notify you that the trial has expired you need to buy license to continue using the software;
- If the trial is overdue more than 30 days, MISA will cancel your account and delete your trial data.
7.3. When you register to trial MShopKeeper software, MISA will provide service until:
- The end of the trial time;
- You buy license before the trial ends.
7.4. MISA is not responsible for any of your interests related to this trial.
7.5. At the end of the trial period, all of your trial data will be deleted from our system unless you buy license and MISA accepts.
8.1. MISA is responsible for implementing and maintaining all administrative, physical and technical safeguards to ensure the confidentiality and integrity of your data. MISA commits:
- Not to modify your data without your consent or not for the purpose of fixing errors or incidents;
- Not to disclose your data except where it is required by law or permitted by you;
- Not to access your data and/or change your data except to fix technical errors or at your discretion upon using support service.
8.2. MISA is responsible for securing all information on your data and is not allowed to disclose it to any third party except to the request of the state competent authority. MISA is not responsible for any loss of your data or confidentiality accidentally or intentionally caused by you.
8.3. You are responsible for determining and verifying the users who can access your data.
8.4. You need to be responsible for proactively securing your account information.
8.5. You are responsible for all activities performed by your users’ accounts and notifying MISA immediately of unauthorized access.
8.6. MISA is not responsible for any damages caused by you, including unauthorized users can access due to errors from computer, software, your local network or your recklessness.
8.7. To the extent of this agreement, “Confidential information” includes your data, proprietary technology of each party, business process and technical information of the product, design and all communications between two parties related to the service. In addition to the above content, “Confidential information” does not include the following information which:
- Is known publicly;
- Is known in the industry before being disclosed;
- Is published not by the fault of the receiving party;
- The aggregated data does not contain any personal information or specific customer information.
8.8. You and MISA mutually agree:
- Take necessary measures to keep confidential all “Confidential information”;
- Not to copy, provide partially or all confidential information to any other third party without the consent of the party who is the owner of the “Confidential information”;
- Not to use “Confidential information” provided by parties for the purpose other than that of this agreement.
9.1. MISA is the owner and author of MShopKeeper.
9.2. You have the right to use this software to create data for your work and download your data when you use our app during your subscription.
9.3. You agree that our product/service, including but not limited to the following content: user interface, audio, video, help and software used to run our product/service under single ownership of MISA and protected by intellectual property and copyright laws. You agree not to use such information or material in any way except for the purpose of using our product/service under this Agreement. No part of our product/service may be reproduced in any form or by any means, except as expressly permitted under these terms.
9.4. You agree not to modify, rent, lend. sell, distribute, or create derivative works based on our product/service in any way that is not permitted, including but not limited to infringement or encumbrance of network capacity.
9.5. Use of the software or any part of our product/service, unless otherwise permitted in this Agreement, is strictly prohibited and infringes on the intellectual property rights of other persons, and you may be subject to legal proceedings related to administration, criminal, civil including monetary compensation for infringement of copyright.
9.6. In order for MISA to provide you with the software, you agree to allow MISA to process and transmit your data.
10.1. MISA has the right but no obligation to take corrective action if you violate any term as stated herein. MISA has no responsibility to you in the situations where MISA takes corrective actions. You are solely responsible for the accuracy, quality, integrity, legality, reliability and relevance of your data.
10.2. MISA may recommend and may opt to use features that have not yet been widely released and which are not fully censored in terms of quality under MISA process (Beta functions). It aims that you can censor and give feedback to MISA. You are solely responsible for the risks associated with useing these features. MISA does not guarantee the accuracy and completeness of Beta functions as well as is not responsible for any errors or damages caused by the use of Beta functions.
During your use of the software, you agree to receive notifications/information from MISA with the content and method as follows:
11.1. The content of notifications includes but not limited to the following information:
- Information on new features
- Information on new versions
- Information on relevant products
- Information on articles or newsletters MISA thinks may be helpful to you.
11.2. Method of sending notification includes but not limited to:
- Notify directly on the product screen
- Notify by email
- Notify via SMS on mobile phones
- Notify by phone
- Notify in writing
- Notify by face-to-face meeting
- Other methods
MISA is entitled to use derivative information from a part or all of the information generated by the you when using our product for the purpose of research for product improvements, market, consumption habits and others which may be profitable or non-profitable. MISA undertakes that this derivative information does not contain any of your specific personal data (name, phone number), specific transactions or business secrets (as described in Article 1).
13.1. We do not warrant that: our Services will be uninterrupted, timely, secure, or error-free; our Services will meet your specific requirements; any errors in our Services will be corrected; or the system ensures the operation of the software (including but not limited to Internet connection, other transmission networks, local network and your devices) will not have viruses or harmful components.
13.2. MISA excludes any other warranties that may be expressly or implied regarding conditions like quality satisfaction or non-infringement of third parties’ rights. MISA Services are provided on an “as is” and “as available” basis. Your use of them is at your sole risk.
13.3. To the maximum extent permitted by law, MISA shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, business, goodwill, use, data or other intangible losses, resulting from:
- The use or the inability to use the Service;
- Any changes to our Products/Serivces;
- Unauthorised access to, or alteration of, your communications or data;
- Deleting or not storing data on or via our Products/Services;
- Statements or conduct of any third party regarding our Products/Services;
- Any other matter relating to our Products/Services.
13.4. If our products use any third party’s service like weather forecast, securities, exchange rate, etc., MISA undertakes not to charge you but does not guarantee the accuracy of such information in the applications/services or if the third party’s update leads to unstability or service downtime. Therefore, you have to consider by yourselves when using those services.
13.5. MISA is exempt from performing the obligations as set out herein in force majeure events.
14.1. In the event that you discover any security incident with MISA software, you should notify MISA immediately by clicking Feedback button right on the app or call 1900-8677. Security incidents include but not limited to the following cases:
- Loss or change of data on the software without knowing the cause.
- Being interrupted.
- Suspect of being hacked.
14.2. In the event of a security incident related to the MISA product, MISA will be responsible for investigating and troubleshooting it. During this investigation and troubleshooting, you should get involved as requested by MISA.
In case of force majeure, two parties are not obliged to perform the obligations under this agreement. Two parties agree that the following circumstances are unforeseen:
- Natural disasters cause or destroy or obstruct or terminate connection to MISA data center.
- Wide power outage; rupture of network cables causes congestion or disconnection to MISA data center.
- Hackers, viruses attack the MISA data center stop, block or destroy the software and data.
- Other force majeure events as prescribed by law.
16.1. This agreement is effective from the date you agree and ends when all subscriptions expire. If you use a trial account and do not buy license, this agreement ends when the trial expires.
16.2. MISA reserves the right to suspend your use of the service in the following situations:
- You do not extend and make payment after overdue 30 days;
- MISA thinks that the service is being used by you to engage in denial-of-service attacks, spamming, illegal activity or your use of our products/services may be harmful to MISA and others.
16.3. The agreement is considered to be terminated in the following cases:
- MISA unilaterally terminates the agreement because you do not make payment to MISA as mutually agreed;
- MISA unilaterally terminates the agreement at the request of the court and the competent authority of the state;
- You send a written notification of requesting to terminate your subscription to MISA.
16.4. MISA is not responsible for returning any charge you have paid because of above reasons. MISA shall only maintain your data for maximum 30 days from the date of ending the agreement.
17.1. MISA reserves the right to amend or supplement our terms of service and publish it on the website www.mshopkeeper.com and on the software.
17.1. If you disagree with these amendments or supplements, you may stop using the software.
This agreement bases on:
- Civil code No. 91/2015/QH13 dated 24/11/2015
- Law on Commerce No. 36/2005/QH11 dated 14/6/2015
- Law on Information technology No. 67/2006/QH11 dated 29/6/2016
19.1. During implementation of the agreement if any problems arise, two parties will mutually discuss and find solutions.
19.2. In the event of a dispute that cannot be resolved jointly, two parties agree to submit the dispute to a competent court in Hanoi for settlement.