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Term of use

Last modified and effective as of [Dec] [31st], [2020]
Welcome to dictionary website Searchdi as a web-based application provided by FPT Digital Processing Service Company Limited.
PLEASE READ THIS TOU OF USE (“ToU”) CAREFULLY. THE TOU FORM A LEGAL AGREEMENT BETWEEN YOU AND FPT Digital Processing Service Company Limited FOR AND ON BEHALF OF ITS AFFILIATES (“FSOFT”). BY ACTIVATING, ACCEPTING, ACCESSING OR USING THE SERVICE AND RELATED WEBSITES (COLLECTIVELY, THE "SERVICE") PROVIDED TO YOU BY FSOFT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TOU. IF YOU ARE ACCEPTING THE TOU ON BEHALF OF ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO THE TOU. IF YOU DO NOT AGREE TO ALL OF THE TOU, DO NOT ACCESS, OR USE THE SERVICE. 
The ToU govern your access to and use of the Services provided by the FSOFT. 
At its own discretion, FSOFT will add, amend, modify, supplement or restate the ToU from time to time, and the ToU as in force are always published on FSOFT website: Searchdi.com.vn. The continued use of the Service after such changes have been posted shall constitute your acceptance of such revised ToU.
I.	DEFINITION
Affiliate means any legal entity in which a party, directly or indirectly, holds more than fifty percent (50%) of the entity’s shares or voting rights. Any legal entity will be considered an affiliate as long as that interest is maintained.
Account means the registration account with FSOFT for accessing the Service. 
Content means all text, information, data, images, audio or video material, in whatever medium or form, inputted by you for the purpose of using the Site and/or the Service.
Definitive Agreement means the definitive agreement executed by you and FSOFT in relation to the Service.
Effective Date means the date that you visit, utilize the Site and/or the Service.
Intellectual Property Rights means patents of any type, design rights, utility models or other similar invention rights, copyrights, mask work rights, trade secret or confidentiality rights, trademarks, trade names and service marks and any other intangible property rights, including applications and registrations for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected, now existing or hereafter filed, issued, or acquired.
Security Event means
(i)	any unauthorized third-party access to the Site and/or the Service; or
(ii)	any use of the Service by you that has the potential to materially impact the Site and/or the Service.
Service: service provided by the Supplier to the Customer under this ToU, as more particularly described in the Definitive Agreement, including:
(i)	Dictionary; and
(ii)	such other services as FSOFT may decide, at its discretion, to integrate into the Site from time to time.
Site means the website and relevant infrastructure platform of FSOFT on which the Service is constructed and provided.
Service Fees means the subscription fees payable by you to FSOFT for using the Service, as set out in the Definitive Agreement.
Service Term means the initial or renewal period you may utilize the Service as set out in the Definitive Agreement.
II.	ACCOUNT AND SECURITY
1.	As a prerequisite of entering into the Definitive Agreement regarding a specific Service, you must register for an Account by selecting a unique user identification and password, and by providing certain information. You hereby agree to: 
(i)	keep password confidential and use only Account and password when logging in;
(ii)	ensure that you log out from your Account at the end of each session on the Site;
(iii)	immediately notify FSOFT of any unauthorized use of your Account; and 
(iv)	ensure that your Account information is accurate and up-to-date. 
2.	FSOFT may verify your e-mail address by sending an activation link in e-mail to you. In this case, you must activate their registration through this link. You represent and warrant that you specify a valid e-mail address that will be reachable and active. If you become unreachable through the main contact details for longer than 30 calendar days, FSOFT may terminate the Service that you have used in progress with immediate effect, without refunding any of the Service Fees and erase your Account with and/or without any backup Content, without further notice.
3.	You are fully responsible for all activities that occur under your Account and Content even if such activities or uses were not committed by you. FSOFT will not be liable for any loss or damage arising from unauthorized use of your password or your failure to comply with the ToU.
4.	Notwithstanding any other provision in the ToU, if there is a Security Event, FSOFT may, without liability or prejudice to its other rights and without prior notice to you, remove the relevant your Content and disable your Account until the relevant Security Event has been resolved. FSOFT shall give a written notice as soon as is reasonably practicable of the nature of the relevant Security Event.
III.	SERVICES
5.	Subject to the Definitive Agreement, the FSOFT shall, during the Service Term:
(i)	provide the Service of accessing Dictionary
6.	FSOFT may at its own discretion develop additional products, utilities and offerings or functionality of the Site or discontinue maintaining the Site and/or provision of any of the Service. In the event FSOFT adds new products, utilities and offerings or makes additional functionality available through the Site, and the ToU, shall be fully applicable to such new products, utilities and offerings or additional functionality of the Site.
IV.	USE OF THE SITE AND THE SERVICE
7.	You undertake to use the Site and/or the Service in a manner consistent with their purpose and functionality within the user interface provided by FSOFT. You shall not misuse the Site and/or the Service to cause any harm, damage, losses or interference for FSOFT, any third parties, as well as operation of the Site and/or provision of the Service. In particular, under no circumstance you shall use the Site or the Service to:
(i)	upload, post, create, transmit or otherwise make available any content that is illegal, harmful, slanderous, unethical, defamatory, harassing, threatening or infringing upon another’s intellectual property, rights privacy or publicity, incites hatred, bigotry, racial, ethnic, sexual, religious or social discrimination or is insulting to any persons, groups and/or entities;
(ii)	attempt to access the Site or the Service in a way other than through interface and instructions provided by FSOFT;
(iii)	impersonate any person, representative of a legal entity and/or any organization without authorization, and misrepresent the source of any information;
(iv)	make available any materials containing viruses, worms, Trojan horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;
(v)	take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Site, Service or networks connected to the Service;
(vi)	make available any content which is false, misleading and/or promoting illegal activities;
(vii)	collect and store personal data, private and personally identifiable information without express consent and authorization of the holder;
(viii)	make available content in violation of any other provisions hereof or applicable laws and regulations; and
(ix)	assist to any person to perform any of actions referenced to in this section.
V.	CHARGES AND PAYMENT
8.	You shall pay the Service Fees to FSOFT for the utilization of Service in accordance with the Definitive Agreement. 
9.	If you fail to pay the Service Fees in accordance with the payment term in the Definitive Agreement, by giving notice to you in writing or by electronic means (email), the Service shall be suspended until the payment is confirmed. If you fail to resume the Service in 10 (ten) days since the overdue date, FSOFT may terminate the Service, and erase your Account with and/or without any backup Content, without further notice.
10.	All amounts and fees stated or referred to in the Definitive Agreement are non-cancellable and non-refundable unless otherwise expressly noted, even if the Service are suspended or terminated prior to the end of the Service Term. 
11.	FSOFT shall be entitled to establish or change its own Service Fees, at its own discretion by giving notice to you in writing or by electronic means (email). Notice shall be provided at least one (1) month before the changed fees take effect.
VI.	DATA PROTECTION
12.	All Content entered, created, imported, or added to the Site by you, are exclusively owned by you. You shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the your Content.
13.	FSOFT shall treat and manage all Content confidentially, observing privacy regulations specified by data protection law.
14.	By entering into the ToU, you hereby acknowledge and agree that in order to ensure proper functionality of the Site and the Service, FSOFT is entitled to store, manage, process and transmit such Content. 
15.	You hereby acknowledge and agree that through the use of the Site or the Service, you provide express and unconditional consent for the collection, use, disclosure and/or processing of the Content for one or more of the following purposes: 
(i)	to respond to legal processes or to comply with or as required by any applicable law, governmental or regulatory requirements of any relevant jurisdiction;
(ii)	to conduct research, analysis and development activities (including, but not limited to, data analytics, surveys, service development and/or profiling), to analyze how you use our Service, to improve the Service or products and/or to enhance your experience;
(iii)	to deal with and/or facilitate a business asset transaction (including, but not limited to, the purchase, sale, lease, merger, amalgamation or any other acquisition, disposal), where such transaction involves FSOFT and/or its affiliate as a participant;
VII.	PROPRIERARY RIGHTS
16.	You hereby expressly and irrevocably acknowledge and agree that accessing the Site and using the Service do not vest you with any right, title or interest in intellectual property and other rights to content which is accessible at the Site or through the Service owned by FSOFT. 
17.	You undertake not to use, sell, distribute, resell, decompile, disassemble, attempt to discover any source code, reverse engineer, modify, rework, reproduce, display, publicly perform, broadcast, rent, create security interest in, pledge, lien, encumber, license, make derivative works from content accessible at the Site or through the Service owned by FSOFT. 
VIII.	TERMINATION
18.	This ToU shall commence on the Effective Date and shall continue until the expiry of the Service Term. The initial Service Term together with any subsequent renewal periods shall constitute the Service Term.
19.	FSOFT may terminate the ToU with immediate effect by giving written notice to you if:
(i)	You fail to pay any amount due under Definitive Agreement on the due date for payment and remains in default not less than ten (10) days after being notified in writing to make such payment;
(ii)	You commit a material breach of any terms of the ToU which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of ten (10) days after being notified in writing to do so;
(iii)	By using the Service, you violate the law of a country, state, or other territory of jurisdiction, authorities may require the service to be terminated;
(iv)	FSOFT suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business or other activities;
(v)	upon the dissolution, liquidation, or winding up of FSOFT.
20.	On termination of the ToU for any reason:
(i)	all licenses granted under the ToU shall immediately terminate;
(ii)	FSOFT may destroy or otherwise dispose of your Account with and/or without any Content, no later than ten (10) days after the effective date of the termination of the ToU. In case of occurring your backup Content, by a written request, FSOFT shall use reasonable commercial endeavors to deliver the backup Content to you within 30 days of its receipt of such a written request, provided that you have, at that time, paid all fees and charges outstanding at and resulting from termination (whether or not due at the date of termination). You shall pay all reasonable expenses incurred by FSOFT in returning or disposing of your backup Content;
(iii)	any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Agreement that existed at or before the date of termination shall not be affected or prejudiced;
(iv)	any outstanding balance becomes immediately due and payable.
IX.	DISCLAIMERS
21.	The Service are provided "AS IS" and without any warranties, claims or representations made by FSOFT of any kind either expressed, implied or statutory with respect to the Service, including, without limitation, warranties of quality, performance, non-infringement, or fitness for a particular purpose, nor are there any warranties created by course of dealing, course of performance or trade usage. 
22.	Without limiting the foregoing and to the maximum extent permitted by applicable law, FSOFT does not warrant that the Service, the Site or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that the Site that makes the same available are free of viruses, worms, Trojan horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.
23.	Please also note that, the Site is a community website and the content on it is contributed by the community for the purpose of sharing, learning and mutual development. FSOFT will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Site.
X.	INDEMNITY AND LIMITATIONS OF LIABILITY
24.	You shall indemnify, defend, and hold harmless FSOFT, its owners, directors, officers, employees, representatives, agents, successors and assigns from and against any and all losses, damages, costs and expenses, including reasonable legal fees, resulting from, arising out of or incident to any suit, claim, actions, proceedings, and all related liabilities based on: (i) your violation or breach of any term of the ToU or any guidelines, (ii) your use or misuse of the Service or the Site, (iii) your breach of any law or any rights of a third party, or (iv) any content uploaded by you.
25.	In no event shall FSOFT be liable whether in contract, warranty, tort (including, without limitation, negligence (whether active, passive or imputed), service liability, strict liability or other theory), or other cause of action at law, in equity, by statute or otherwise, for: loss of use; loss of profits; loss of revenues; loss of data; loss of good will; or failure to realize anticipated savings, in each case whether direct or indirect; or any indirect, incidental, special or consequential damages, arising out of or in connection with the use or inability to use the Site or the Service.
26.	FSOFT’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the ToU shall be limited to (i) the total your Service Fees paid during the three (03) months immediately preceding the date on which the claim arose, or (ii) the amount set out in the Definitive Agreement, whichever is lesser.
XI.	FORCE MAJEURE
27.	FSOFT shall not be liable for any failure or delay in performance of any of its obligations hereunder if such delay or failure to perform is caused by circumstances beyond its control, including, without limitation, government regulations or orders, outbreak of a state of emergency, acts of God, war, warlike hostilities, civil commotion, riots, epidemics, fire, strikes, lockouts, or any other similar cause or causes. You shall be required to accept any delayed shipment, lack of service, or delivery made within a reasonable time.
XII.	MISCELLANEOUS 
28.	If any provision of the ToU shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from the ToU and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.
29.	The ToU are governed by the laws of Vietnam. Unless otherwise required by applicable laws, any dispute, controversy, claim or difference of any kind whatsoever arising out of or relating to the ToU shall be referred to and finally resolved by a competent court of Vietnam.
30.	You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.
31.	The ToU constitutes the entire agreement between the parties regarding its subject matter and supersedes any prior versions of the agreement, ToU, as well as arrangements, correspondence, conditions and any other similar ToU and conditions. The ToU are applicable exclusively to relations between you and FSOFT and does not create any third-party beneficiary rights.
32.	The Service may include programs or code that are licensed under an open source software ("OSS") license model. OSS programs and code are subject to the ToU, conditions and obligations of the applicable OSS license, and are SPECIFICALLY EXCLUDED FROM ALL WARRANTY AND SUPPORT OBLIGATIONS DESCRIBED ELSEWHERE IN THIS TOU.
33.	If you have any questions or concerns about the ToU or any issues raised in the ToU or on the Site, please contact FSOFT’ support team at: Searchdi. com.vn
			         	PRIVACY POLICY
[Effective date/Last modified and valid from]: [Dec 31st, 2020] 
We at FPT Digital Processing Service Company Limited, including our affiliates (“FSOFT”, “we”, “us”, “our”), care deeply about privacy, security, and online safety, all of which are a significant part of our essential mission: to protect users of our products and services (“you” and “your”) from the risks of theft, disruption, and unauthorized access to their online information and activities.  
This Privacy Policy (“Policy”) is designed to inform you about how we collect, use, and share your personal data through our website (our “Site”), products, services, and web-based and mobile applications (collectively, the “Services”) or when you interact with us and our commitment to using the personal data we collect in a respectful fashion.
PLEASE READ THIS POLICY CAREFULLY. BY ACTIVATING, ACCEPTING, ACCESSING OR USING THE SERVICES AND RELATED WEBSITES PROVIDED TO YOU BY FSOFT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE POLICY. IF YOU DO NOT ACCEPT THE POLICY, YOU MAY NOT USE THE SERVICES. Any dispute over privacy is subject to this Policy, any applicable Terms of Use (including any applicable limitations on damages and the resolution of disputes) and any applicable End User License Agreement.
You agree that we may from time to time modify the Policy. We will post the amended Policy at any given time on FSOFT’s website and/or notify you by email, in-product notification or we may inform you of such amendments by way of using any other methods permitted by applicable laws. It is important that you check back and make sure that you have reviewed the most current version of this Policy.
•	WHAT KINDS OF INFORMATION DO WE COLLECT?
•	HOW DO WE USE THE INFORMATION WE COLLECT?
•	WHO DO WE SHARE PERSONAL DATA WITH?
•	HOW DO WE PROTECT YOUR DATA?
•	HOW LONG DO WE RETAIN THE PERSONAL DATA WE COLLECTS?
•	CHILDREN’S PRIVACY
•	LINKS TO OTHER WEBSITES
•	CONTACT US
WHAT KINDS OF INFORMATION DO WE COLLECT?
In general, we collect the following types of data: name, email address, history of all activities and request…
Some information you provide directly to us, some we collect automatically through our Services, and some is collected from third parties. In this Policy, personal data refers to data that could be used, alone or in combination with other data, to identify you as an individual.
We collect information you provide to us. For example, we collect information when you purchase a product or service, create an account, fill out a form, participate in a contest or promotion, request customer services, or otherwise communicate with us. 
We automatically collect information about your interactions with the Services as well as devices on which the Services are installed. In some cases, we automatically collect information about other devices connected to the same network as the device on which the Services are installed. 
Information We Collect from Third Parties. We may receive information about you from other sources and combine that information with the information we collect directly. Examples of information we may receive from other sources include: updated delivery or payment information used to correct our records; credit or identity information which we use to help prevent and detect fraud…
[Location Information. Certain Services may request permission to access your location. Where you grant this permission, we will collect information about your location using GPS, wireless, or bluetooth technology. You can control access to precise location information through your mobile device settings. We also may look up your IP address to determine your general location.]
HOW DO WE USE THE INFORMATION WE COLLECT?
FSOFT uses the data we collect to provide you rich, interactive experiences and also to operate our business, which includes analyzing our performance, meeting our legal obligations, developing our workforce, and doing research.
In particular, we use data to:
To Protect You. We process personal data about you to help predict threats and better protect you, your devices and your information. For example, FSOFT may use information to:
•	[List out the methods that you can use to protect users by the collection (e.g. to isolate and identify threats, viruses, spam, attacks; to conduct research, adapt product and services to help respond to new threats…]
To Run Our Business. We also use the information we collect for other business purposes, including to:
•	Authenticate your identity and prevent fraud with your biometric data;
•	Analyze your behavior to measure, customize, and improve our Site and Services, include but not limited to provide you with rich, interactive experiences; develop new products and services or add new features or capabilities and tailor your product experiences based;
•	Advertise McAfee products and services that we think may be of interest to you;
•	Establish and manage accounts and licenses, including by collecting and processing payments and completing transactions;
•	Provide customer support, troubleshoot issues, manage subscriptions, and respond to requests, questions, and comments;
•	Communicate about, and administer participation in, special events, programs, surveys, contests, sweepstakes, and other offers and promotions;
•	Conduct market and consumer research and trend analyses;
•	Enable posting on our blogs, forums, and other public communications;
•	Perform accounting, auditing, billing, reconciliation, and collection activities;
•	Prevent, detect, identify, investigate, and respond to potential or actual claims, liabilities, prohibited behavior, and criminal activity; and
•	Comply with and enforce legal rights, requirements, agreements, and policies.
•	[List out the other methods that you can use to run your business by the collection] 
Third Party Advertising. We work with third party advertising companies to display or deliver ads to you while you are on our Site or using some Services. These third party advertisers may collect data about your interaction with the Site or Services or others’ sites or services to measure the effectiveness of their ads and to personalize advertising content. 
[If you have consented to allow our Services to access to your location, our mobile advertising partners may use your location to target advertisements to you. You may use the location settings on your device to withdraw access to information about your location.]
Other Uses. We may use personal data for which we have a legitimate interest, such as direct marketing, individual or market research, anti-fraud protection, or any other purpose disclosed to you at the time you provide personal data or with your consent.
WHO DO WE SHARE PERSONAL DATA WITH?
Third Party. We share your personal data with your consent or as necessary to complete any transaction or provide any product you have requested or authorized. For example, we share your content with third parties when you tell us to do so. For example, when you provide payment data to make a purchase, we will share payment data with banks and other entities that process payment transactions or provide other financial services, and for fraud prevention and credit risk reduction. 
Affiliates or Vendor. In addition, we share personal data among FSOFT-controlled affiliates and subsidiaries. We also share personal data with vendors or agents working on our behalf for the purposes described in this Policy. In such cases, these companies must abide by our data privacy and security requirements and are not allowed to use personal data they receive from us for any other purpose. We may also disclose personal data as part of a corporate transaction such as a merger or sale of assets.
Government Agencies. Finally, we will retain, access, transfer, disclose, and preserve personal data, including your content, when we have a good faith belief that doing so is necessary to do any of the following:
•	Comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies.
•	Protect the rights or property of FSOFT, if we receive information indicating that someone is using our Services to traffic in stolen intellectual or physical property of FSOFT, in some cases, we will not inspect a customer's private content ourselves, but we may refer the matter to law enforcement.
HOW DO WE PROTECT YOUR DATA?
We use administrative, organizational, technical, and physical safeguards to protect the personal data we collect and process. Our security controls are designed to maintain data confidentiality, integrity, and an appropriate level of availability.
This Site uses SSL or TLS encryption for security reasons and for the protection of the transmission of confidential content, such as the inquiries you send to us as the site operator. You can recognize an encrypted connection in your browser's address line when it changes from "http://" to "https://" and the lock icon is displayed in your browser's address bar. If SSL or TLS encryption is activated, the data you transfer to us cannot be read by third parties.
The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
HOW LONG DO WE RETAIN THE PERSONAL DATA WE COLLECTS?
FSOFT will keep your personal data for the minimum period necessary for the purposes set out in this Policy, namely (i) for as long as you are a registered subscriber or user of our products or (ii) for as long as your personal data are necessary in connection with the lawful purposes set out in this Policy, for which we have a valid legal basis or (iii) for as long as is reasonably necessary for business purposes related to provision of the Services, such as internal reporting and reconciliation purposes, warranties or to provide you with feedback or information you might request. Where required by law, we will delete your biometric data within three (03) years of your last interaction with the Services.
In addition, if any relevant legal claims are brought, we may continue to process your personal data for such additional periods as are necessary in connection with that claim.
Once the abovementioned periods, each to the extent applicable, have concluded, we will either permanently delete, destroy, or de-identify the relevant personal data so that it can no longer reasonably be tied to you.
CHILDREN’S PRIVACY
Our Service does not address anyone under the age of 18 (“Children”).
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with personal data, please contact us. If we become aware that we have collected personal data from children without verification of parental consent, we take steps to remove that information from our servers.
LINKS TO OTHER WEBSITES
Our Site and Services may contain links to other websites for your convenience and information. These websites may be operated by companies not affiliated with FSOFT. Linked websites may have their own privacy policies or notices, which we strongly suggest you review if you visit those websites. We are not responsible for the content, privacy practices, or use of any websites that are not affiliated with FSOFT.
CONTACT US
Please do not hesitate to contact us regarding this Privacy Policy or other related Privacy issues. You can find our contact information listed on Searchdi.com.vn.
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