TERMS OF USE
1. General Overview
These TERMS OF USE set out the conditions and regulations relating to the use of the services within the DeliEdu ecosystem. The DeliEdu ecosystem is the collection of services owned, operated and/or managed by DELI VIETNAM INFORMATION TECHNOLOGY SERVICES COMPANY LIMITED (the “Service”).
In order to access and use any Service on the DeliEdu platform, the User must study and carefully read these TERMS OF USE to ensure their lawful rights and interests; if you feel you are not adversely affected, then you may use the service. If you do not agree with any of the terms, the User may terminate or stop using, registering for, or accessing the platform immediately.
By agreeing to register, the User accepts that they have read the entirety of, and have not omitted any content of, the Terms of Use, understand and undertake to comply with all of the principles stipulated in these Terms together with the related policies and/or regulations (collectively, the “Regulations and Policies”).
In the event of any conflict between the content of these TERMS OF USE and the related Policies and Regulations, the content of these TERMS OF USE shall prevail.
DeliEdu has the right to change and/or amend and/or supplement any content in these TERMS OF USE without prior notice or prior consent from the User. Such changes and/or amendments and/or supplements will be announced on the platform and/or sent via the User’s registered email; the amended and supplemented terms shall take effect immediately upon being publicly announced on the DeliEdu platform. Your continued use of our Service after the changes take effect means that you accept those changes. Any changed and/or amended and/or supplemented Terms shall replace all previous Terms.
2. Definitions
DeliEdu; We: DELI VIETNAM INFORMATION TECHNOLOGY SERVICES COMPANY LIMITED, a party to these TERMS OF USE.
User; You: Refers to any individual, organization or entity that uses the Service, being the other party bound by these TERMS OF USE and other linked Regulations and Policies (if any).
Platform: Re-defines the “platform” as all products and services provided on the website https://deliedu.vn/vi and/or any products and services additionally arising from the platform within the DeliEdu ecosystem.
Account: A set of information that allows the user to access and use the services on the platform.
Learner: The party that opens a Learner Account; purchases Courses and participates in learning on DeliEdu.
Instructor/Partner/ Partner: The party that creates an Instructor/Partner Account and participates in creating Courses on DeliEdu.
User Content: Content in the form of text, images, audio and other forms of expression uploaded by the User to the Platform in accordance with these TERMS OF USE.
Course: Content created by the Instructor/Partner using the tools provided by the platform and in compliance with the platform’s regulations. DeliEdu provides 3 types of Course: Private Course; Limited Course and Public Course.
Service: Includes the service packages, tools and means built and provided by DeliVN for the User to use.
Definitions of terms:
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Support Team: the group of DeliEdu employees responsible for supporting customers in guiding users to use the platform; receiving and resolving complaints; providing information; collecting and evaluating feedback from Users.
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Partnership Contract (proposed to be amended to COOPERATION CONTRACT): means the cooperation contract between DeliEdu and the Instructor/Partner.
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API: a set of rules that determines how a given software program can access data or functions provided by another software program.
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Public Course (public): A course open to everyone to register and participate in without any special requirements.
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Limited Course (limited): A course open only to a certain number of learners, based on specific selection criteria set by the course.
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Private Course (private): A course designed and delivered for a specific learner or group of learners, typically an enterprise or organization. This course is built around the distinct training needs and objectives of the group of learners, and therefore the content and learning format are selected to suit the expertise and needs of that group of learners.
3. Regulations on User Accounts
3.1 To use Our Service, the User must register an Account and ensure they meet the minimum age required by the laws of the country of which you are a national in order to use the service.
The User is responsible for providing complete information to be able to use the platform, including a valid email address.
We will use the personal email address registered by the user to send you important notices such as course activation codes, promotional program information, password change confirmations, in-class discussions, birthday gifts, etc. We are not responsible where information provided by the User is incorrect and thereby affects or limits the User’s rights.
3.2. To ensure transparency and to prevent fake accounts from affecting the user experience, We will limit the number of Accounts a User may register, as well as the number of compatible devices an Account may link at the same time. The User undertakes that the use of the Account must comply with the regulations in these TERMS OF USE.
3.3. The User is fully responsible, including legally liable before the law, for their account and all activities occurring on your account during the use of the Service, including any loss or damage caused by another person using your account without your permission. This means you must keep your password carefully. You are not entitled to transfer your account to another person for use. In the event of any loss or damage arising from the User’s account information and/or password being disclosed, DeliEdu shall have no liability to compensate the User.
3.4. If you contact Us to request access to an account, we will grant you access if you can provide the information we require to prove that you are the owner of the account. In the event of the death of the account owner, the account will be closed. Where the rights and obligations of the account remain, the inheritance policy under the law of the country of which the user is a national shall apply to resolve the rights and obligations relating to that account.
3.5. You are responsible for keeping your account login information secure; DeliEdu shall not be liable for any dispute arising from the unauthorized use of your account. If you discover or suspect that someone may be logging in and using your account without permission, you must contact us for assistance; to protect your interests, we may ask you to provide certain information to prove that you are the lawful owner of the account.
4. Regulations on Courses
4.1. Upon purchasing and activating a course code, the Learner will be licensed to access and view the content of that Course on the platform provided by DeliEdu. The User is not permitted to seek to transfer or resell the content in any manner.
4.2. We will provide the Learner with access to the content of the course the learner has purchased indefinitely, except where we must disable the content for legal reasons or a force majeure event or policy and/or at the request of a competent state authority.
4.3. Under the Partnership Contract signed between the Instructor/Partner and us, when the Instructor/Partner posts content on DeliEdu, the Instructor/Partner authorizes DeliEdu to have full rights to grant access to the course content to Learners, meaning that we may grant access to course content to learners who have purchased the Instructor/Partner’s course. When a user purchases a course or other content, whether free or paid, the user will be granted access by DeliEdu to view the content through DeliEdu’s platform and service. This access does not include the right to resell the content in any form (including by sharing information with the buyer and/or unlawfully downloading the content and/or sharing such content on any other website, platform or media channel).
4.4. The access DeliEdu grants to the Learner is access to use but is restricted:
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No resale
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Non-exclusive
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Access for the sole purpose of personal, non-commercial education
This access is the right to use the course on a non-profit, non-commercial basis, and you may not carry out commercial activities with respect to this content in any form because it infringes intellectual property rights and copyright.
Any use other than the intended purpose of use is prohibited, including but not limited to: copying, redistributing, transmitting, transferring, selling, broadcasting, leasing, sharing, lending, modifying, adapting, editing, creating derivative works, sub-licensing, assigning or using any content, except where permitted by us in writing. This also applies to content you may access through any of our APIs.
4.5. We will grant lifetime access to Learners who enroll in and register for the course and/or other content we provide (lifetime access means you will continue to be able to access and use the product or course for as long as they remain on our platform). However, we have full rights to revoke access and the right to use any content at any time in the event we are obliged to disable that content under the law. This lifetime access does not apply to the additional features and services related to the course or other content you purchase. For example: the Instructor/Partner may decide to no longer provide the service of answering questions related to the course, or grading essays, at any time from the time the course ends. Lifetime access applies to the course content, not to the Instructor/Partner who delivers that course.
4.6. The Instructor/Partner may not directly grant access to their content for a Public Course to learners; any act of directly granting access is void and is deemed a violation of these TERMS OF USE.
4.7. The Instructor/Partner may directly grant access to course content to their learners for Limited Courses and Private Courses through the platform’s features.
5. Regulations on Users
5.1 Obligations of the User
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Be responsible for all content you post on DeliEdu’s platform.
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Your use of the Service and your conduct on Our platform must comply with the laws or regulations or the culture, customs and practices of the country or locality currently in force in your country of residence.
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Be responsible for the accuracy, quality and legal compliance of the knowledge conveyed through the courses.
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The platform allows the Learner to ask the Instructor/Partner questions about the courses or other content the Learner has taken, and to post reviews of the content.
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Immediately notify us upon discovering any actual violation and/or suspected violation in the field of intellectual property and take the necessary measures to prevent such acts.
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The uploader is solely responsible for the intellectual property rights to the uploaded content.
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Keep account information secure, including: Password, the phone number protecting the account, identity documents, the Email protecting the account, and linked accounts.
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Be responsible for resolving all customer complaints relating to the content you upload on DeliEdu’s platform.
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Only use the Platform for lawful purposes and in accordance with the platform’s terms.
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Be solely responsible for checking the content, quality, legality, reasonableness and intellectual property rights of the lectures.
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Be solely responsible for matters relating to money laundering if using another individual’s/organization’s account to receive and/or transfer money on their behalf.
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Comply with DeliEdu’s Policies, including but not limited to the Privacy Terms and the terms of use posted on the DeliEdu platform.
5.2 Prohibited Conduct
The User is prohibited from carrying out the following acts:
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Accessing or using the Service or creating an account for unlawful purposes.
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Posting any Course, question, answer, review or other content that violates general community standards and the local or national laws or regulations currently in force in your country of residence.
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Trading, transferring, or jointly using accounts or courses (except where otherwise agreed between the platform and the user).
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Uploading content that infringes the copyright or trademark rights of others.
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Engaging in fraudulent or unlawful activities, or other reasons as regulated by the platform from time to time.
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Disseminating or propagating and promoting activities of dissemination, interference with, and sabotage of the content of courses on DeliEdu’s system to the outside.
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Insulting or mocking others in any form: belittling, discrimination on the basis of religion, gender, ethnicity, etc.
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Posting content related to politics that is anti-state in nature, opposing the government of any country, etc.
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Impersonation or intentionally causing others to mistakenly believe that you are another user within the DeliEdu service system.
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Conduct or attitudes that harm the reputation of the products, services or courses within the DeliEdu system in any form or manner.
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Deceiving other users, infringing intellectual property or the rights of third parties;
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Taking advantage of the provision of online training classes to sell goods or services that are prohibited from being traded under the law;
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Carrying out untruthful advertising;
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Arbitrarily using the information of users for any other purpose without their consent.
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Using DeliEdu’s Platform to create, disseminate or store any content that violates the law or community regulations.
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Using DeliEdu’s Platform to infringe the privacy or intellectual property rights of any individual or organization.
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Using DeliEdu’s Platform to carry out fraudulent, deceptive or harmful acts against others.
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Using viruses, malware, etc. that affect the operation of the DeliEdu platform or infringe the rights of other individuals or organizations.
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Other acts that violate the provisions of the law and other policies of the platform.
Upon detecting any violation of the provisions in this article, DeliEdu has the right to exercise its rights provided in Article 10.3 depending on the severity of the violation.
6. Regulations on Instructors/Partners
6.1. DeliEdu has the right to proactively run promotional programs and combos aimed at increasing revenue for the partner and DeliEdu without prior notice to the partner. DeliEdu may proactively give courses as a gift or scholarship in programs and activities, whether online or offline, for the purpose of trade promotion and increasing brand recognition for the partner and DeliEdu.
6.2. The Instructor/Partner is not entitled to sell and distribute courses on their own, or to collect money from learners who have an account on the DeliEdu platform, but must use the payment methods stipulated by DeliEdu.
6.3. The Instructor/Partner will share revenue in accordance with the agreement between DeliEdu and the Instructor/Partner (please also refer to the Partnership Contract section). Revenue from the partnership contract will be recorded monthly and/or according to the time the Learner pays and activates the course code. Revenue will be paid no later than the 15th of the following month, except in cases of delay due to the banking system or coinciding with holidays.
DeliEdu will make payment if the payable amount reaches VND 1,000,000/month or more. If the threshold is not yet met, the income will be automatically carried over to the following month. DeliEdu will withhold 10% personal income tax on partner revenue that reaches the level subject to personal income tax withholding in accordance with the law at the time of finalization.
6.4. Any fraudulent activity or any act violating one of the above terms will lead to temporary suspension of the account and notification to the account holder who committed the violation and/or, at a higher level, termination of cooperation and cancellation of all results achieved at DeliEdu, depending on the severity of the violation, without prior notice.
7. Payment, Offers and Refunds
7.1 Pricing
The price of a Course on DeliEdu is determined based on the terms of the Partnership Contract and the Promotion Policy. In some cases, the course price listed on DeliEdu’s website may not be exactly the same as the price listed on the Mobile application, due to possible differences in the pricing systems of the mobile platform provider and their policies on the implementation of sales and promotions.
DeliEdu will run promotional and sales programs for the Courses posted on the platform, in which certain content will be offered at a discount for a certain period of time. The price applicable to that Course will be the price at the time you complete the purchase transaction (payment). Any price offered for a specific Course may differ between the time you log in to your account and the price for unregistered or not-logged-in users.
If you have logged in to your account, the currency listed for you is based on your location when you created the account. If you have not logged in to your account, the currency for the price will be based on the country in which you reside. We do not allow users to view prices in other currencies.
If you are a Learner in a country that applies use and sales tax, goods and services tax or value-added tax to consumer purchases, then we are responsible for remitting that tax to the competent tax authority. Depending on your location, the price you see may include such taxes, or tax may be added when you proceed to payment.
7.2 Payment
You agree to pay the fee for the content and services you purchase, and you authorize us to charge your debit or credit card or to process such fees by other payment methods. DeliEdu cooperates with payment service providers to provide you with the most convenient payment methods in your country and to secure your payment information. We may update your payment method using information provided by our payment service provider. Please refer to our Privacy Policy for further details. We have full rights to disable access to any content for which we have not received full payment,
You must provide a payment method upon registering an account. By registering and providing your payment information at checkout, you grant us and our payment service providers the right to process payment of the subsequently applicable fees through the payment method we keep on file for you. For each payment request, we will process your payment method to pay the subsequently applicable fees.
In the event we update your payment method with information provided by our payment service providers (as described in the “Payment, Offers and Refunds” section above), you authorize us to continue charging the subsequently applicable fees to your updated payment method.
If we are unable to process payment through the payment method we keep on file for you, or if you file a dispute complaint regarding charges made to your payment method and a chargeback is granted, we may suspend or cancel the payment.
We have full rights to change the Subscription Plan or adjust the price for our Service at our sole discretion. Any change to the price or to your subscription plan will take effect after we send you notice, unless applicable law requires otherwise.
7.3 Refunds
Within 15 days from the date of purchasing the course, if you have not activated the course code for a special reason and request a refund, we will consider refunding you. We will review and, at our sole discretion, decide the refund method, whether in the form of a promotional code for services and/or a refund to your original payment method, depending on the platform’s policy at that time. Upon refund, you must bear the taxes, fees and charges in accordance with the law and the regulations of the payment service provider. You will not be refunded if you submit the request after the 15-day period. However, if the Course you previously purchased is disabled for legal or policy reasons, you have the right to a refund after the 15-day period.
To request a refund, please follow the steps required by DeliEdu. Under the Partnership Contract with the Instructor/Partner, the Instructors/Partners agree that the Learner has the right to receive these refunds.
If we decide to grant a product promotional code or a service-use promotional code to your account, these offers will be automatically applied to subsequent Course purchases. These offers may expire if not used within the specified period and cannot be redeemed for cash, unless applicable law provides otherwise.
At our sole discretion, if we have grounds to believe you are abusing our refund policy — for example, you have used a substantial portion of the content for which you seek a refund, or you have previously obtained a refund for that content — then we have the right to refuse your refund, restrict consideration of future refund requests, ban your account or disable your access to content for your violation of these Terms and our Policies; you will not be eligible for a refund.
7.4 Offers and Gifts
DeliEdu or our partners may provide promotional codes and gifts to Learners. Some codes may be used to redeem gifts or promotional offers applied to your DeliEdu account, which may then be used to purchase eligible Courses on our platform, subject to the terms accompanying that code. Other codes may be redeemed directly for specific content.
These codes and offers, as well as any promotional value associated with them, may expire if not used within the period specified in your DeliEdu account. Promotional codes or gifts provided by DeliEdu will not be redeemable for cash, unless otherwise provided in the terms accompanying your code or as required by applicable law. If you have saved offers, DeliEdu may determine which offer applies to your purchase.
8. Regulations on Content Uploaded to the Platform
8.1. The content you upload to the DeliEdu platform as a learner or Instructor/Partner, including courses, lectures, learning materials, exercises and other content, belongs to you. Uploading content to DeliEdu means that you agree to grant DeliEdu the right to use and share the content, but you do not lose ownership of your content. If you are an Instructor/Partner, please learn more about the terms on uploaded content in the Partnership Contract.
8.2. When you upload content, comments, questions, reviews, ideas or suggestions about new features, improvements or other matters on the DeliEdu platform, it means that you grant DeliEdu the right to use, modify, share, distribute and promote that content on any platform and through any medium.
8.3. In legal terms, by submitting or posting content on or through the platforms, you grant us a worldwide, non-exclusive, royalty-free license (right of use) to use, sub-license, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute your content (including your name and image) in any and all media or methods of distribution (now or hereafter developed). This includes making your content available to other companies, organizations or individuals cooperating with DeliEdu to provide, broadcast, distribute or post content on other media, as well as using your content for marketing purposes. You also waive any privacy, publicity or other similar rights applicable to all such uses, to the extent permitted by applicable law.
8.4. You undertake that you are the lawful owner of the uploaded content so as to grant us the right to use that content without paying you any remuneration, with no limitation as to time, place or form of use. You are responsible for the accuracy, legality and non-infringement of any third-party rights in relation to that content.
9. Limitation of Liability and Obligations of DeliEdu
9.1. DeliEdu is an intermediary platform on which anyone may create and post content; it allows Instructors/Partners and learners to interact in order to teach and learn, and therefore errors may entirely occur, and users use DeliEdu at their own risk.
9.2. Our platform model does not review or edit content because, due to our legal considerations, we do not have authority to determine the legality of content. We do not exercise editorial control over the content available on the platform and therefore do not guarantee in any way the reliability, validity, accuracy or truthfulness of the content. If you access content, you do so at your own risk in relying on any information provided by the Instructor/Partner.
9.3. By using the Service, you may be exposed to content that you consider offensive, indecent or objectionable; however, some of this content may not violate the law of the host country. In the event such content violates the law, all liability shall rest with the person who uploaded the content, and DeliEdu shall not be responsible for any such content. DeliEdu has no responsibility to separate that content from you and shall not be legally liable for your accessing or registering for any course or other content, to the extent permitted by applicable law. This also applies to any content relating to health, fitness and physical training. You acknowledge the risks and dangers inherent in the nature of these types of content, and by accessing such content you voluntarily choose to accept those risks, including the risk of illness, bodily injury, disability or death and/or the risk regarding knowledge. You are fully responsible for your choices before, during and after accessing the content.
DeliEdu recommends that you consult an expert before applying or practicing any content posted on the platform in order to avoid risks. If you act on it of your own accord, you will be responsible for all consequences arising.
9.4. When you interact directly with a learner or Instructor/Partner, you must be cautious when sharing personal information. Although we limit the types of information an Instructor/Partner may request from learners, we cannot control the actions that learners and Instructors/Partners take with the information they collect from other users on the platform. For your own safety, you should not share your email or other personal information about you.
9.5. We do not hire or employ Instructors/Partners, and we are not responsible or legally liable for any interaction between Instructors/Partners and learners. We are not responsible for any disputes, complaints, losses, injuries or damages of any kind that may arise out of or in connection with the conduct of Instructors/Partners or learners (including the application of the content of purchased courses in practice).
9.6. When you use our Service, you will find links to other websites that we do not own or control. We are not responsible for the content or any other aspect of these third-party websites, including their collection of information about you. You should also read their terms and conditions, as well as their privacy policy.
10. Rights of DeliEdu
10.1. We own DeliEdu’s platform and service, including the website, current or future applications and services, as well as things such as the logo, API and content created by our employees. No one may forge or use them without permission.
10.2. All rights, ownership and interests relating to DeliEdu’s platform and Service, including the website, current and future applications, API, databases and content that our employees or partners submit or provide through our Service (but excluding content provided by Instructors/Partners and learners) are and will remain the exclusive property of DeliEdu and its licensors. Our platforms and services are protected by copyright, trademark and other laws. Nothing grants you the right to use the name DeliEdu or any other trademark, logo, domain name or distinctive brand feature of DeliEdu. Any feedback, comments or suggestions you may provide relating to DeliEdu or the Service are entirely voluntary, and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
10.3. Upon detecting any violation of the terms of use or other policies, DeliEdu has the right to temporarily suspend the account pending the resolution result of the relevant parties or the competent authority. After the result of negotiation between the relevant Parties or the resolution result of the competent authority is obtained, DeliEdu will:
(i) Reopen the account; or
(ii) Permanently lock the account; or
(iii) Delete the infringing content; or
(iv) Take other measures at the request of the competent authority or by written agreement of the Parties.
DeliEdu also has the right to use the information you provided when registering the account to transfer it to the competent authorities for resolution in accordance with regulations, and you shall be fully responsible when committing acts that violate the law.
10.4. Require users to provide complete, accurate and truthful information. In the event there are grounds to prove that the user provided inaccurate or false information, or violated the law or the fine customs and traditions of Vietnam or the countries in which you reside, DeliEdu has the right to refuse, suspend or terminate the user’s right of use.
10.5. Suspend the release of Courses, edit or delete the content of a Course if DeliEdu detects that the Course contains content that infringes intellectual property rights, infringes the honor and dignity of others and/or violates other legal provisions.
10.6. Have the right to change the selling price of courses and the payment methods to suit DeliEdu’s needs and development direction.
10.7. Have the right not to refund the money paid to purchase a Course in cases where the Learner commits a violation and has their account locked under this Agreement.
10.3. You may not do any of the following when accessing or using DeliEdu’s platform and Service:
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Access, forge or use areas outside the scope managed and/or used by you (including content storage space), DeliEdu’s computer systems, or the technical distribution systems of DeliEdu’s service providers.
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Disable, interfere with, or attempt to defeat any security-related feature of the platform, or probe, scan or test the vulnerability of any of our systems.
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Copy, modify, create derivative works, reverse engineer, disassemble or attempt to discover any source code or content on DeliEdu’s platform or Service.
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Access, search or attempt to access or search our platform by any means (automated or otherwise) other than the existing search functions provided through our website, mobile application or API (and only in compliance with those API terms and conditions). You may not copy via a computer program, access the system, use robots, or use other automated means in any form to access the Service.
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Use DeliEdu’s Service in any way to forge, deceive or falsify headers or otherwise fabricate formats in order to conceal the origin of any Content transmitted (such as sending communications via email forged as DeliEdu); Interfere with, or disrupt (or seek to interfere with/disrupt) the access of any user, server or network, including but not limited to sending viruses, malware, malicious code or other technologically destructive materials with the intent to overload DeliEdu’s servers and systems, or sending spam or harassing messages to DeliEdu’s platforms and Service or to other individuals and organizations.
Proposal: Move the user-prohibited acts set out in Article 10.3 into Section 5.2. Prohibited Conduct.
11. Restrictions on Livestream Sessions
You may not do any of the following when accessing or using the Livestream Sessions in a Course:
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Take any action during the live broadcast sessions of the Course that causes disruption to or interference with our Service or the stability of our infrastructure; or
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Use any data or information other than simulated, anonymized, non-personal, indirect data or information when accessing or using the live broadcast sessions.
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Access or use the Live Broadcast Sessions for any commercial purpose.
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Use the content of the Live Broadcast Sessions for any purpose other than learning and carrying out activities as directed by the Instructor/Partner.
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Propaganda against the government of any country; harming national security, social order and safety; sabotaging the great national unity bloc; propagating war or terrorism; inciting hatred or conflict among nations, ethnic groups or religions;
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Propagating or inciting violence, obscenity, depravity, crime, social evils, superstition; sabotaging the fine customs and traditions of the nation;
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Providing distorted, slanderous information that offends the prestige of organizations or the honor and dignity of individuals;
These restrictions are in addition to those listed in other provisions of these Terms.
12. Other Legal Provisions
12.1 Binding Agreement
When you register for, access or use our Service, you agree to DeliEdu’s legally binding Terms, terms of use and policies. If you do not agree with these Terms, please do not proceed to register for, access or use any of our Service.
If you are an Instructor/Partner accepting these Terms and using our Service on behalf of a company, organization, government or other legal entity, you represent and warrant that you are authorized to take the above actions.
Any non-Vietnamese language version of these Terms is provided for convenience of use, and you understand and agree that the Vietnamese language shall prevail in the event of any conflict.
These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and us (including the Partnership Contract and the Promotion Policy, if you are an Instructor/Partner).
If any part of these Terms is found to be invalid or unenforceable under applicable law, that provision shall be deemed replaced by a valid, enforceable provision that most closely matches the purpose of the original provision, and the remainder of these Terms shall retain their original effect.
Even if we delay exercising our rights or do not exercise a particular right in a given situation, this does not mean that we waive our rights under these Terms, and we may decide to enforce those rights in the future. If we decide to waive any of our rights in a specific situation, this does not mean that we waive our rights in general or in the future.
The following sections shall survive the expiry or termination of these Terms: Regulations on Accounts, Regulations on Courses, Rights of DeliEdu, Limitation of Liability and Obligations of DeliEdu, Other Legal Provisions, and Dispute Resolution.
12.2 Information Security
DeliEdu continuously strives to protect Users against information security risks. Technically, the Platform continuously maintains and develops strong and in-depth security features to protect the User’s Account Information that is stored and processed in a secure manner. We provide a number of tools that users may choose and use through the user interface to control Account Information.
However, the user agrees that the level of security may be affected by and depends on the Device the User is using, the User’s internet connection or internal connection, and other factors that are the responsibility of third parties. The User clearly understands and accepts the security risk (if any) when using the Service.
12.3 Disclaimer
It may happen that our platform stops operating, due to planned maintenance or due to an incident with the website. It may happen that one of our Instructors/Partners makes false statements in their content. It may also happen that we experience a security incident. These are merely non-exhaustive examples. You accept that you will have no right of recourse against us in any of the above cases when things do not go as desired. In fuller legal terms, our Service and its content are provided on an “as is” and “as available” basis. We (and our affiliates, suppliers, partners and agents) make no commitment or warranty as to the suitability, reliability, availability, timeliness, security, error-free nature or accuracy of the Service or content, and expressly disclaim all warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We (and our affiliates, suppliers, partners and agents) do not guarantee that you will obtain specific results from using the Service. You use the Service (including all content) at your own risk. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
We may decide to stop providing certain features of the Service at any time and for any reason. In all cases, DeliEdu or DeliEdu’s affiliates, suppliers and partners shall not be legally liable for any damage caused by such features being interrupted or unavailable.
We are not responsible for any delay or failure to perform any Service caused by events beyond our reasonable control, such as war, hostile or destructive acts; natural disasters; loss of electricity, internet or telecommunications; or government restrictions.
12.4 Limitation of Legal Liability
Using our Service always carries risks — for example, if you access health and fitness content such as yoga and injure yourself; You fully accept these risks and agree that you will have no right of recourse for damages even if you suffer loss or damage from using our platform and Service.
In fuller legal terms, to the extent permitted by law, we (and our group companies, suppliers, partners and agents) shall not be legally liable for any indirect, incidental or consequential damages (including loss of data, revenue, profits or business opportunities, personal injury or death), whether arising in contract, warranty, tort, product liability or otherwise, and even if we have been advised in advance of the possibility of such damage. Our liability (and the liability of each of our group companies, suppliers, partners and agents) to you or any third party shall in all cases be limited to VND 2,500,000 or the amount you have paid us in the 12 months before the event giving rise to your claim, whichever is greater, unless the law provides otherwise.
12.5 Indemnification
If you violate the law, these Terms and/or carry out any act affecting our rights and interests, DeliEdu is compelled to seek appropriate solutions to protect its interests. If any of your violations arise from (a) content you post or submit; (b) your use of the Service; (c) your violation of these Terms; or (d) your violation of any third-party rights (e.g., posting content that violates the law, misusing the service, etc.) causing DeliEdu or any of our partners to have their interests infringed, you must indemnify all losses and costs (including attorneys’ fees according to the attorney fee schedule in the relevant country) that we incur due to your conduct. This responsibility of yours shall remain in effect even after you have ceased using the service.
12.6 Governing Law
These Terms of Use shall be governed and interpreted in all respects by the laws of the SOCIALIST REPUBLIC OF VIETNAM. DeliEdu and the User recognize that the law applicable to resolving disputes (if any) between the parties relating to the DeliEdu platform shall be the laws of Vietnam, and the laws of no other country shall be used. Any provision, or the application of any provision, of this agreement that is prohibited under applicable law shall be invalid only to the extent of that prohibition.
Any provision, or the application of any provision, of this Agreement that is invalid, illegal or unenforceable under applicable law shall not affect the validity, legality or enforceability of the remaining provisions of this Agreement under applicable law. The Parties shall thereafter use all reasonable efforts to replace the invalid or unenforceable provision with another provision having an agreed value similar to that invalid or unenforceable provision, provided that such agreement is not contrary to law.
12.7 No Assignment
You may not assign or transfer these Terms (or the rights and licenses granted under these Terms). For example: if you registered an account as an employee of a company, your account cannot be transferred to another employee. We may assign these Terms (or the rights and licenses granted under these Terms) to another company or person without restriction. Nothing in these Terms confers any right, benefit or remedy on any third-party individual or organization. You agree that your account is non-transferable and that all rights to your account, as well as other rights under these Terms, shall terminate upon your death.
13. Regulations on Dispute Resolution
13.1. If a dispute arises, our Support Team is always ready to assist you in resolving the issue. DeliEdu undertakes to make its best efforts to resolve disputes with users without having to go through litigation or complaints to a competent authority. If an issue arises between the two parties, you and DeliEdu will jointly negotiate and discuss in a spirit of good faith, fairness and equality for both parties using the complaint resolution process described below. In some cases, a third party may be necessary to help resolve the dispute between the two parties.
13.2 DeliEdu’s Dispute Resolution Process
Before submitting a Statement of Claim to a competent authority, you and DeliEdu must first participate in the dispute resolution process described in this section.
The complaining party shall send the other party a written notice (a “Dispute Resolution Request”) including the full name, mailing address and email address, explaining: (a) the nature and details of the Dispute; and (b) the proposed resolution (including any amount requested and how that amount was calculated). Throughout the dispute resolution period, you must still pay in full the fees for the services you have used.
You should send the Dispute Resolution Request to DeliEdu via email at deliedu.vn@gmail.com and/or you may also send the Dispute Resolution Request to the address 791/21/2/13 Tran Xuan Soan, Quarter 4, Tan Hung Ward, Ho Chi Minh City. DeliEdu will receive the Dispute Resolution Request and respond to you at the email address linked to your DeliEdu account, unless you request otherwise.
When either party receives the Dispute Resolution Request, the parties will attempt to resolve the dispute in good faith. If the two parties cannot resolve the matter within 60 days from the date of receiving the Dispute Resolution Request, then each party has the right to formally bring a claim against the other party at the Vietnam International Arbitration Centre.
13.3 Disputes that arise but are not resolved through the mandatory informal dispute resolution process may be brought before a competent court or another venue agreed by both parties. Arbitration is the sole alternative to the courts; you and DeliEdu have the right to resolve a Dispute through individual arbitration. Although there is no judge in arbitration proceedings, the arbitrator has the power to award individual compensation in a similar manner and must follow the agreement of the two parties in the same way as a court. If either party brings a Dispute before a court that is not a court, then the other party may request the court to require the two parties to go to arbitration. Either party may also request the court to stay the court proceedings while the arbitration proceedings are ongoing. In the event any cause of action or claim cannot be resolved at arbitration, you and DeliEdu agree that all court proceedings shall be stayed pending resolution at arbitration of all causes of action and claims. Nothing in this Dispute Resolution Agreement is intended to limit the individual compensation available to either party at arbitration or a competent court.
If you and DeliEdu disagree about whether a Dispute must be submitted to arbitration, the scope of the arbitrator’s authority, or the enforceability of any aspect of this Dispute Resolution Agreement, then the arbitrator alone shall have, to the maximum extent permitted by law, sole authority to resolve all such disagreements, including but not limited to disagreements relating to or connected with the formation, legality, interpretation and enforceability of this Dispute Resolution Agreement. This provision does not limit the procedure for not recognizing an arbitration that was improperly commenced.
Any court of competent jurisdiction shall have authority to enforce the requirements of this Dispute Resolution Agreement and, if necessary, to order the filing or prosecution of any arbitration and to assess fees for any arbitration or mediation not conducted in accordance with this Dispute Resolution Agreement.
Proposed amendment:
13.3 Disputes that arise but are not resolved through the dispute resolution process above, or that go through the dispute resolution process but where the two parties do not reach an agreement, may be brought by either party for resolution at the Vietnam International Arbitration Centre; the venue of dispute resolution shall be Ho Chi Minh City, Vietnam. The language used in the dispute resolution process is Vietnamese. The dispute resolution process shall follow the arbitration procedural rules of the Vietnam International Arbitration Centre in effect at the time the dispute arises.
13.4. The parties agree that when a dispute arises, each party must bear its own litigation costs and attorneys’ fees during the litigation stage; the losing party must pay the attorneys’ fees and litigation costs of the winning party.
13.5. These Terms of Use take effect from the time they are posted by DeliEdu on this Website. DeliEdu has the right to adjust and change the content of the Term(s) and regulations to suit operational reality. Notwithstanding the section on updating these terms, if DeliEdu changes this “Dispute Resolution” section after the most recent date on which you accepted these Terms, then you may reject that change by sending DeliEdu a written notice of such rejection by mail or delivered directly to DeliEdu at the address: DeliEdu Legal Department - 791/21/2/13 Tran Xuan Soan, Quarter 4, Tan Hung Ward, Ho Chi Minh City, or via email from the email address linked to your DeliEdu account to deliedu.vn@gmail.com, within 30 days from the date the change takes effect, as specified in the phrase “last updated on” above. To be effective, the notice must include your full name and clearly state your intention to reject the changes to this “Dispute Resolution” section. By rejecting the changes, you agree that you will resolve any dispute between you and DeliEdu in accordance with the provisions of this “Dispute Resolution” section as of the most recent date you accepted these Terms.
13.6. Within 30 days from the date of receiving the arbitral award, if a party has sufficient grounds to prove that the Arbitral Tribunal issued an award falling within one of the cases in which an arbitral award is set aside under the Law on Commercial Arbitration of Vietnam, then that party has the right to file an application to the competent Court requesting the setting aside of the arbitral award.
14. How to Contact Us
If users have questions they wish to ask, or believe that any Content published publicly through the Platform infringes the rights of the User, the rights of any third party or violates the law, please notify us. A notice is considered valid if it contains all of the following information:
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Subject: [Reason for contact] (e.g., [VIOLATION REPORT], etc.)
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Body: (details of the user’s request or the issue encountered)
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Attachments, if any
DeliEdu will process the requests and reports submitted by users
All Requests and reports must be sent to the email address, or contact directly:
Recipient: Customer Care Department - DELI VIETNAM INFORMATION TECHNOLOGY SERVICES COMPANY LIMITED
Address: 791/21/2/13 Tran Xuan Soan, Quarter 4, Tan Hung Ward, Ho Chi Minh City,
Email: deliedu.vn@gmail.com
Thank you sincerely, User, for using DeliEdu’s products and Service!