Terms & Conditions

RENTAL AGREEMENT

This Rental Agreement is a contract between you ( "The User”) and FTV  ("Company”).

This Rental Agreement sets forth the terms and conditions on which The User, the terms of services provided on and terms published on  website Y54U ("the Website”)

BEFORE YOU CLICK ON THE ‘APPLY NOW’ OR SIGN THIS AGREEMENT / APPLICATION FORM, PLEASE CAREFULLY READ THE TERMS AND CONDITIONS SET FORTH HEREUNDER. BY CLICKING ON OR SIGNING  ON THE  "AGREED BY”, YOU ARE BOUND TO AGREE AND BECOME A PARTY TO THIS AGREEMENT.

WE RESERVE THE RIGHT TO AMEND THE TERMS AND CONDITIONS IN THIS RENTAL AGREEMENT FROM TIME TO TIME. ANY SUCH CHANGES WILL APPLY TO FUTURE RENTAL AFTER THE DATE ON WHICH SUCH AMENDMENT GOES INTO EFFECT.

1. Personal Data Protection guidelines

The Company will use proper handling for management of personal data of the user, on its Internet device service for marketing, promotion, registration, collection and management, and may not use for purposes other than the above mentioned unless it is required and enforced by the Authority.

2. Eligibility to rent device

Our device may be used by travellers of any age. Without limiting the foregoing , we will rent to adults who are at least 16 (sixteen) years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Rental Agreement, and to abide by and comply with the terms set forth herein.

3. Ownership of Device and Intellectual Property Rights

All rights (including ownership of device and data SIM, Subscriber Identity Module, copyright, trademarks and other forms of intellectual property rights), title and interest in the design, text, graphics, software programs and other material on device, printed materials and Websites are owned by, licensed to or controlled by the Company.  Any use of the Content or any part thereof (including reproduction, alteration, modification, distribution or republication) without the Company’s prior written permission is strictly prohibited. 

4. Applications and Contract Establishment

A. Once the User signs the application in accordance with the formalities required by the Company and through the acceptance of the Company (or an agent designated by the company). The contract would be established once the payment is paid in full.

B. A deposit or credit card guarantee is required upon commencement of rental.  The deposit will be returned upon our receipt of the rented device according to the proposed Return Date, deducting any service or damage charges or late fees, which are applied to the balance.

5. Return of device

Upon the user leaving Vietnam, the user shall, in accordance with the method and within the time limit on the rental agreement / application form return the device to the Company at the Company’s designated drop off point or collection centre. If the User fails to return the device at the proposed date as originally specified in the contract, the User would be liable and charged for fees equivalent to a full day of rent for each day of delay.

6. Rental period

A. The rental fee is calculated from the collection or delivery date of device to the date of the return date to company’s collection centre. In principle the maximum rental period is 10 days. If the User wishes to rent more than the maximum rental period, further arrangement with the Company should be established and agreed.

B. If during the rental period (or travel period), the user experiences technical problems or the device cannot be used for any reason, the User should immediately call the service hotline or email the Company of the details of problems. If the User fails to notify the Company of any problems during the rental period, the Company reserves the right not to make any cost adjustments or be held responsible.

7. Cancellation Policy

The User must notify the Company immediately if wishes to cancel any application before start of rental date. User will be liable to 20% of rental fee before start of rental period and 100% of rental fee after start of rental period.

8. Internet Data Service Restrictions

A. The use of WiFi internet data service shall be in accordance and comply with the regulation of the country.

B. Use of Wireless Internet data services do not allow the conduct of online game, video live streaming, SMS and voice calls (except for VoIP voice calls over WiFi network). If User uses device provided by the Company to make Voice Call and incur any fees, the user is required to bear all call costs, responsibility and 100% of administrative fines compensation to the Company.

C. We reserve the right to disable any links to, or frames of any site containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information, or material or information that violates any written law, any applicable intellectual property, proprietary, privacy or publicity rights. 

D. As restricted by the Fair Usage Policy (FUP) for telecommunications service providers in different countries, the daily data flow should not exceed 0.5GB / 24 hours. When the FUP is reached, the device speed will be throttled by the service provider. Company will not refund any rental fee in the event of connection issues resulting from excessive data usage exceeding FUP. Examples of excessive usage may include prolonged video streaming, multiple users connecting and downloading large files size over an extended period.

9. Disclaimer

A. Smartphone and other communications equipment often access internet using data service which could incur roaming charges with smartphones selected to a roaming mobile network while overseas. Before using the company device, the User must ensure to turn off their mobile device or smartphone’s roaming setting (Data Roaming) to "OFF” position and only to use or select company device given SSID & password.

Whether the User well-intentioned or malicious, where their roaming capabilities is not turn OFF on the User mobile device or smartphone or communication device is/are directly connected to a roaming 3G or 4G mobile networks, the User’s use of such roaming mobile Internet data usage will likely be charged as International data roaming. Please note that in this circumstance, the Company takes no responsibility for the fees incurred.

B. In case of company device failure, and the User fails to notify the company during the service period, the Company will takes no responsibility and the user would still be obliged to pay the rental fee.

C. Company will not be responsible for the failure to access the Internet using the company device, as a result of the users’ smartphone error and/or settings which failed to provide or connect to Internet services via WiFi.

D. Company takes no responsibility if the user through inappropriate, careless use or misplace the company device leading to short-circuit or fire, which causes any casualties and losses to the user as a result,  Company advises the user to pay attention and use the device with care.

E. Company shall not be responsible to the user if user suffers an accident or damage due to the use of device for whatever the reason/s.

11. Proper handling of device, Loss, Damages and Theft

A. User shall handle the company device with proper care with the guidelines from the Company and return device in good working condition.

B. In case the device is lost or damaged or in circumstances of theft, the user should immediately notify the Company. In addition, in the event of any of the above, illegal use of the Internet and communication cost, the User would be liable to pay for any damages incurred to the Company.

C. In case of company device’s loss, damage or theft, the User shall be liable to pay compensation to the company based on the following:

The above compensation is subject to change at any time with prior notice given to the user.

The company reserve the rights to deduct the compensation from the deposit in cases but not limited to cases of loss, damage, theft and late return.

12. Indemnification

By agreeing to this Rental Agreement, you agree to indemnify, defend, and hold harmless Company, our officers, directors, employees, independent contractors, representatives, agents, and other customers against any and all claims, demands, losses, costs, or expense, including but not limited to reasonable attorney’s fees, in any way connected with (a) a breach of the terms and conditions of this Rental Agreement; and (b) any dispute between you and any third party service, which you engaged through our user guide.

13. Miscellaneous

The Company reserves the right to discontinue the rental services or terminate and/or amend this Rental Agreement at any time at the Company’s sole discretion. Expiration or termination of this Rental Agreement will not relieve the user of any payment obligations hereunder.

14. Force Majeure

In the event the Company fails to perform any obligation pursuant to this Agreement due to an "act of God,” or an act of any government, terrorism, riot, war, accident, or any deficiency in materials or transportation or any other cause of any nature beyond the Company’ control, such failure shall not be deemed to be a breach of this Agreement, provided that the Company notify the User of the existence and nature of the reason for non performance and delay, and the Company resume performance immediately upon the conclusion of the relevant force majeure.

15. Prohibitions

A. User shall not install device to other mechanical or accessories, and shall not engage in transformation, decomposition, damage, change the setting, or other changes to the Company device which would result in the malfunctioning of the device

B. User shall not engage in device sublease, transfer and pledge to third person or parties which results in the damage against the Company’s ownership.

C. User shall not use the device for any irregularities or illegal acts.

16. Governing Law

These Conditions of Use and all matters arising from it and any disputes in respect thereof, shall be governed by and construed in accordance with the laws of Vietnam.