TERMS OF USE
Registration and use of the BitCake Account and the services provided on the BitCake Platform (collectively, 'the Services') must comply with these general terms and conditions of use, as well as the policies and regulations publicly posted on the BitCake Platform (hereinafter collectively referred to as 'the Agreement'). All policies and regulations publicly posted on the BitCake Platform form an integral part of this Agreement.
1. Service Content
BitCake Technology Co., Ltd., with business registration number 0318339203, headquartered at Floor 6, 39 Dinh Cong Trang, Tan Dinh Ward, District 1, Ho Chi Minh City, Vietnam (hereinafter referred to as 'BitCake') is the provider of application software services and technical solutions on the BitCake Platform, including but not limited to websites, browser extensions, mobile applications, digital platforms, and Mini Apps on the Zalo Application. ...
2. Effectiveness of the Agreement
2.1. This Agreement is legally binding on each individual/organization using the Services or maintaining an account with BitCake. By using any Services or registering/maintaining an account on the BitCake Platform, the Customer acknowledges, confirms, and agrees to be bound by the terms of this Agreement (including all policies and regulations publicly posted on the BitCake Platform).
2.2. This Agreement may be amended or supplemented by BitCake from time to time, with immediate effect upon posting, announcement, or disclosure on the BitCake Platform.
2.3. In case the Customer does not agree with any of the terms on the BitCake Platform, the Customer should not register/activate the services, install, or use them, instead, they must cancel the service, remove the BitCake Platform from their mobile device, and notify BitCake of termination of this Agreement. Continued use of the Services after any modifications shall be deemed acceptance of the amended terms.
2.4. By registering, maintaining a BitCake Account, and using the Services, the Customer confirms that they have the legal capacity, conditions, and authority to perform any actions related to using the Services, and registering and maintaining a BitCake Account.
3. Right to Use the Services
3.1. In order to register a BitCake Account and use the Services on the BitCake Platform, the Customer agrees not to arbitrarily withhold the necessary information required by BitCake from time to time.
3.2. Pursuant to this Agreement, BitCake grants the Customer a non-exclusive, non-transferable (excluding sub-licensing) right to access and use the BitCake Platform and the Services. The Customer agrees that their rights are limited solely to those expressly granted under this Agreement. BitCake reserves the right to change, upgrade, or suspend any or all of the Services, the BitCake Platform, or any features thereof at any time. By using the Services and maintaining a BitCake Account, the Customer agrees to abide by this Agreement and all related policies and regulations publicly posted on the BitCake Platform.
4. BitCake Account
4.1. A 'BitCake Account' is an account provided by BitCake to the Customer upon successful registration or account maintenance on the BitCake Platform in accordance with the process defined by BitCake;
4.2. A Customer is not allowed to create or control more than one BitCake Account. Each mobile phone number or email address may be linked to only one account, and vice versa. For security purposes, the Customer agrees that all actions on the BitCake Account and the BitCake Platform are performed by the Customer and third parties are not allowed to use the account.
4.3. Certain Services require the user to maintain an account with BitCake. Users may create an account by following the registration process on the BitCake Platform and must agree to this Agreement as well as other policies and regulations published by BitCake from time to time.
4.4. Failure to comply with any provision, any fraudulent or abusive behavior, or the provision of false information to BitCake may result in the Customer’s account being flagged as suspicious, and BitCake reserves the right to suspend or terminate the account and recover any benefits obtained by the Customer.
4.5. The Customer must ensure that they have the capacity to manage, register, and maintain their BitCake Account, password, and any related information, authentication methods, and devices. If any such information is lost, disclosed, or suspected of being disclosed, the Customer must promptly update the information and/or notify BitCake for support. In such cases, the Customer agrees to provide all necessary information for BitCake to act reasonably, and BitCake is entitled to take temporary measures (including but not limited to locking or suspending the account) to protect the Customer’s interests.
4.6. A BitCake Account may be locked or suspended at the Customer’s request or by agreement between the Customer and BitCake, or as required to address fraud based on the Customer’s commitments to BitCake or by agreement between BitCake and its service partners; or if BitCake finds or suspects any breach of this Agreement or any fraud, BitCake may take temporary lock or suspension measures to verify the information. The unlocking or termination of the suspension is at BitCake’s discretion once the issue is resolved.
4.7. The BitCake Account and Services must not be used for transactions or activities intended for money laundering, terrorism financing, fraud, or any other illegal purpose.
4.8. The Customer must refund or cooperate with BitCake in refunding any amounts erroneously recorded in the BitCake Account.
5. Services and Features on the BitCake Platform
5.1. To use the Services and features on the BitCake Platform, the Customer’s BitCake Account must be properly registered in accordance with the BitCake Platform’s process.
5.2. The BitCake Account intended for use must be in an active state as per BitCake’s regulations, and not be suspended, terminated, blocked, or in any other state that would render the account inactive.
5.3. Depending on the type of Service and/or feature, the Customer must meet specific conditions as determined by BitCake from time to time.
5.4. Updates to the Services and features on the BitCake Platform are publicly communicated to the Customer via the service policy on the BitCake Platform. The Customer is responsible for reviewing the Service Policy before using any available Service or feature to ensure that its use is legal and meets their needs.
5.5. When using the Services and the BitCake Account, the Customer is solely responsible for any damages resulting from errors, mistakes, or exploitation due to their own fault, whether accidental, negligent, or otherwise. In such cases, the Customer agrees that BitCake is only obligated to coordinate the provision of information and verify the Customer’s registration and account usage in accordance with this Agreement and applicable law.
6. Service Fees
6.1. Service fees for the Customer are specified in the Service Fee Policy published on the BitCake Platform and in the agreements between BitCake and the Customer.
6.2. When using BitCake’s Services or the BitCake Platform, the Customer agrees to pay all fees promptly, and authorizes BitCake to deduct any fees, charges, or amounts payable by the Customer from the Customer’s BitCake Account or from any payment that BitCake is obligated to make to the Customer.
7. Limitation of Liability
7.1. This Agreement, along with any amendments made by BitCake over time, shall be governed by Vietnamese law.
7.2. Any disputes arising from or relating to this Agreement, including but not limited to its existence, validity, or termination, shall be resolved under Vietnamese law. If a dispute cannot be resolved through negotiation or mediation, the parties are entitled to file a lawsuit in a competent court.
7.3. Any transaction, action, or operation carried out by the Customer via the BitCake Account must comply with this Agreement and the general transaction policies published on the BitCake Platform.
7.4. BitCake does not represent or assume legal responsibility for any Partner or the promises, offers, invitations, programs, products, services, or proposals of such Partners, the Partners operate independently and are solely responsible for their transactions and agreements with the Customer. Except for the Services provided solely by BitCake as stipulated in this Agreement, any transactions, agreements, or customer-specific programs between the Customer and a Partner are independent and unrelated to BitCake. BitCake bears no legal responsibility or obligation for such transactions or relationships.
7.5. The Customer is advised to carefully review all policies, customer-specific program details, or offers issued by Partners before transacting. BitCake is not responsible for any changes, suspensions, or terminations of customer-specific programs conducted by BitCake on its platform, nor for any impact on the Customer’s rights resulting from such changes.
7.6. The Customer should fully review all publicly announced promotions, offers, product descriptions, services, or other proposals from Partners before transacting. While BitCake endeavors to ensure that Partners provide accurate information and comply with the law, BitCake is not responsible for the quality, commercial viability, suitability, or legal compliance of any content, product, or service provided by a Partner.
8. Data Sharing
The Customer agrees to provide, permit processing, and store data as required by the BitCake system during registration, use of the BitCake Platform and BitCake Account, and in accordance with BitCake's Privacy Policy publicly posted on the BitCake Platform from time to time.
9. Taxes
9.1. The Customer is solely responsible for declaring and paying all applicable taxes on any amounts received from the Services (if any) and any promotional activities organized on the BitCake Platform. BitCake is not responsible for handling tax obligations related to such amounts. If necessary to comply with legal requirements, the Customer agrees not to hinder BitCake’s right to deduct tax-related amounts from payments received by the Customer.
9.2. In the event BitCake requires the Customer to make any declarations or reports regarding the Customer’s tax status, the Customer agrees to do so honestly, accurately, and without error.
10. Fraud Handling
10.1. BitCake may suspend or terminate the Customer's account if it has reasonable grounds to believe that the Customer is involved in any fraudulent or dishonest activity. The Customer agrees not to use the Services or post Content for fraudulent, unlawful, misleading, or deceptive purposes, or to cause harm to any third party.
10.2. In cases of non-compliance with this Agreement, any fraud, dishonesty, or abuse related to the use of the Services or the Customer’s account, or any misrepresentation of information submitted to BitCake by the Customer or on their behalf, may result in the termination of the Customer’s account and the recovery of any benefits obtained.
10.3. BitCake reserves the right to hold, temporarily hold, or delay the recording of transactions for the Customer if there is evidence or suspicion of fraud or any illegal activity on the BitCake Platform. The duration of such holding or delay shall be determined by BitCake based on the request of the competent authority or its internal verification procedures.
11. Information Exchange
11.1. Consent to exchange information with BitCake: Upon becoming a Customer on the BitCake Platform, the Customer agrees to receive information related to the Services, the BitCake Platform, and the Customer’s BitCake Account, including but not limited to notifications about transactions, service terms, crediting of funds to the BitCake Account, or transfers to the designated bank account. The Customer will also receive emails about the Services, periodic promotional programs (including coupons and special offers) for BitCake users. BitCake may contact the Customer via email, the BitCake Account, or the email address provided during registration. To facilitate this, the Customer agrees to share the necessary data including but not limited to website cookies, search data, email addresses, shopping information, and transaction records.
11.2. Consent to receive electronic notifications: The Customer agrees to receive electronic notifications, including all legal notices provided by BitCake. The Customer commits to notifying BitCake of any changes to the registered email address after membership. All emails sent to the registered email address shall be deemed received if successfully sent by BitCake. If the Customer installs the BitCake mobile app or accesses BitCake's media channels or website, they may receive notifications through the app, media channels, or website.
12. Intellectual Property
12.1. Intellectual Property Rights: BitCake owns all rights, legal interests, and benefits related to the Services, the BitCake Platform, the content on the Platform, and all associated intellectual property, including but not limited to the 'BitCake' trademark, logo, business model, trade secrets, business plans, partner information, and customer information, as well as all other intellectual property. All trademarks, service marks, and other intellectual property rights (whether registered or not) and all content, designs, documents, graphics, software, images, videos, music, audio, software assemblies, source code, and underlying software related to BitCake or the BitCake Platform (collectively, 'Intellectual Property') are and shall remain the property of BitCake. All such rights are protected by copyright laws and international conventions. All rights are reserved.
12.2. Brand Usage Limitation: The Customer is not permitted to use the BitCake trademark in connection with any product or service not affiliated with BitCake in a manner that may cause confusion or harm BitCake’s reputation. The Customer is not allowed to supply, apply, register, own, or control any keywords or trademarks containing 'BitCake' or any similar name.
12.3. Consent Requirement for Use: The Customer must not reference or use any BitCake intellectual property in any advertising text, browser extension, or banner ad without explicit written consent from BitCake.
13. Community Standards
13.1. Upon creating a BitCake Account, the Customer becomes part of the BitCake Platform user community, which relies on responsible behavior in accordance with applicable laws. BitCake users are expected to adhere to the highest community standards, avoiding the dissemination of images, content, or language that is inappropriate, including profanity, violations of public morality, pornographic materials, negative or insulting comments, or anything that may be construed as harassment or an attack on the Services, the BitCake Platform, its employees, contractors, representatives, business partners, or other users.
13.2. The Customer must not engage in, be involved in, or encourage activities such as gambling or fraud through social media or online posts, nor engage in any illegal or immoral activities on the BitCake Platform. Any actions that violate these community standards may result in the suspension or termination of the Customer’s account without prior notice, at BitCake’s discretion.
14. Indemnification
14.1. By using BitCake’s services, the Customer agrees to indemnify and hold BitCake, its business partners, and its officers, directors, employees, successors, representatives, and branches harmless from any and all claims, damages, losses, and legal costs (including attorney fees and court costs) arising from or related to any breach of this Agreement by the Customer or from any materials provided by the Customer.
14.2. The Customer agrees to cooperate reasonably with BitCake in the defense and/or resolution of any indemnification claims related to the Customer.
14.3. BitCake reserves the right, at its reasonable discretion, to exclusively control the defense and resolution of any indemnification matters concerning the Customer.
15. Disclaimer
15.1. The Customer understands that the use of the Services and the BitCake Platform is entirely at the Customer’s own risk.
15.2. The Services, content, and the BitCake Platform are provided without any warranties, express or implied, including but not limited to warranties regarding ownership, merchantability, fitness for a particular purpose, or non-infringement.
15.3. BitCake does not warrant the quality, accuracy, timeliness, completeness, reliability, or validity of the Services, content, or the BitCake Platform, including but not limited to search results, product descriptions, product availability, pricing advice, opinions, statements, recommendations, or any other information displayed, uploaded, or distributed.
15.4. BitCake does not guarantee that the features of the BitCake Platform will operate continuously, without interruption, or error-free, nor does it guarantee that any errors will be corrected or that the Platform will be free of viruses or harmful content.
15.5. BitCake does not provide any warranties or representations regarding the quality or accuracy of advertisements for any products or services offered by Partners.
16. Non-Transferability of Agreement
16.1. The Customer is not permitted to transfer, in whole or in part, the rights and obligations under this Agreement without prior written consent from BitCake. Any transfer made without such consent shall be void and without legal effect.
16.2. In the event the Customer wishes to transfer any benefits or obligations under this Agreement, the Customer must contact BitCake directly to discuss the conditions and obtain written consent. Such consent will only be granted after BitCake carefully reviews the reasons and conditions for the transfer.
17. Waiver / Severability
17.1. BitCake’s failure to enforce or the non-enforcement of any provision of this Agreement shall not be deemed a waiver of that provision. Any waiver of a specific provision in any instance shall not be construed as a waiver of any other provision or as a waiver in all other circumstances.
17.2. If any provision of this Agreement is determined by a court or competent authority to be invalid, that provision shall be removed or modified to comply with legal requirements without affecting the validity and enforceability of the remaining provisions.
18. Entire Agreement
18.1. This Agreement, along with any supplemental terms and conditions set forth herein or generally applicable, constitutes the entire agreement between the parties regarding the subject matter discussed. This Agreement supersedes and cancels all prior agreements, commitments, and understandings, whether written or oral, including any previous versions of this Agreement that the Customer may have accepted.
18.2. BitCake reserves the right to modify this Agreement at any time. Continued use of BitCake’s services or maintenance of a BitCake Account after such modifications are communicated shall be deemed acceptance of the modified terms by the Customer.
19. Changes to the Agreement
The Customer agrees that BitCake may amend this Agreement from time to time, with notice to the Customer through one of the following methods:
Send an SMS to the Customer’s phone number;
Notify via email, electronic mailbox, or the Customer’s social media account.
Post, update, or publicly display on the BitCake App, websites, fanpages, multimedia channels, or digital platforms belonging to the BitCake Platform.
The Customer shall be deemed to have received notice once BitCake has implemented the aforementioned methods, and continued use of the Services or maintenance of the BitCake Account shall be deemed acceptance of such changes and the Customer’s agreement to comply with the modified terms.
