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OPERATION REGULATIONS

Last updated on May 15, 2024

This operation regulations of Kounselly JSc. (“Company,” “we,” “us,” or “our“) describes how we operate, our rights, responsibilities, and duties as well as the rights and duties of each party (i.e. Sellers, Buyers, Instructors, Learners, Consultants, Advisors, Experts, Partners, Entrepreneurs, SMEs, members, customers) using our website to sell and buy services/courses. KOUNSELLY is a one-stop platform for consulting, training, and a community for entrepreneurs, small and medium-sized enterprises (SMEs), and experts/advisors in all areas of business activities to connect, collaborate, create value, and enjoy success together. We are the first one-stop platform built on the integration of a real-time e-commerce management and operation system, an online learning management system, and social networking functions to serve all your consulting and training needs, helping you bridge your skill gaps comprehensively.
1. General Principles
The online marketplace platform Kounselly.com is built and operated by Kounselly Joint Stock Company (the Company). Members on our platform are businesses, legally operating organizations, and individuals officially recognized by Kounselly.com and authorized to use the services provided by Kounselly.com and related parties. This principle applies to registered members participating in posting service/course information on the Kounselly.com platform. Businesses, organizations, and individuals participating in transactions on the Kounselly.com platform are free to negotiate on the basis of respecting the legal rights and interests of all parties involved in the supply and use of services, without contravening legal regulations. Information about businesses, organizations, and individuals participating as members on Kounselly.com must be transparent, accurate, and meet the requirements of the platform for each type of member. Services, and courses introduced on the Kounselly.com platform must fully comply with relevant legal regulations, and not fall under prohibited business activities or advertising as stipulated by law. All contents in this Regulation must comply with the current legal system of Vietnam and local countries. Members participating in the Kounselly.com platform must study their legal responsibilities under the current laws of Vietnam and/or local countries and commit to implementing the contents of this Regulation,  Kounselly’s Terms of Service, Refund Policy, Privacy Policy, as well as our other regulations (if any) and the current provisions of the law.
2. General Regulations
Domain Name of Kounselly E-Commerce Trading Platform: Kounselly.com Online Marketplace Platform is developed by Kounselly Joint Stock Company with the domain name Kounselly.com (hereinafter referred to as: “Kounselly.com Online Marketplace Platform” or “Kounselly Consulting and Training Marketplace” or “Kounselly”).

General Definition:

Partner / Consultant / Expert / Service Provider / Seller / Instructor: refers to businesses, organizations, or individuals who need to use services on Kounselly.com, including service/course listings, and service/course description posting on the Kounselly.com website. Customer / Service User / Buyer / Student/ Learner: refers to businesses and individuals who need to search for information about courses, and services that Consultants/ Experts/ Sellers/ Instructors post on Kounselly.com to buy or book appointments to receive advice/mentoring from them. Member: includes both Consultants / Experts/ Sellers/ Instructors and Customers/ Buyers/ Learners/ Students.
  • Members participating in transactions on the Kounselly.com platform are businesses, organizations, or individuals who need to learn about and use services on the website.
  • Members must register and provide initial relevant personal information, which is officially recognized by the Administration of the Kounselly.com platform and authorized to use the services on the Kounselly.com website.
  • When you register to become a member on Kounselly.com, you understand that:
    • Members can create their own accounts to use.
    • Members can post information introducing services, or courses that the member themselves or their company is providing.
3. Ordering Process
Please refer to the Ordering and Payment Process here, which is an integral part of this Regulation.
4. Delivery Policy
Please refer to the Delivery Policy here, which is an integral part of this Regulation.
5. Cancellation and Refund Policy
Please refer to the Cancellation and Refund Policy here, which is an integral part of this Regulation.
6. Payment Process
Please refer to the Ordering and Payment Process here, which is an integral part of this Regulation.
7. Privacy Policy
Please refer to the Privacy Policy here, which is an integral part of this Regulation.
8. Ensuring transaction safety and security
8.1. Technical measures to protect information and ensure transaction security
The administration has utilized necessary services, tools, and features to protect the posted information and services on Kounselly.com. To ensure transaction safety and security, Kounselly implements the following technical measures:
  • Implementing enhanced security measures for systems and data, such as SSL certificates, strong passwords, two-factor authentication, ReCaptcha login, limiting the number of login attempts to protect accounts from brute force attacks, etc.
  • Solutions for cloud storage and server systems: attack scanning software, data protection software, DDoS protection system, firewall system, brute force password attack prevention, antivirus scanning software, and 24/7/365 security monitoring.
  • Payment card information: Currently, Kounselly does not store users’ payment card information but uses third-party payment gateways. Kounselly will select reputable payment gateway service providers on the market to cooperate with to ensure transaction security for users. In cases where Kounselly applies direct card payments and stores users’ payment card information, Kounselly will implement necessary measures, following good practices and legal regulations, to ensure the security of payment information for users.
8.2. Regulations for members/users
To ensure successful transactions and minimize potential risks, service providers/ Sellers/ Instructors and customers/ Buyers/ Students need to do the following:
  • Customers / Service Providers should not provide contact information, payment information, bank account numbers, usernames, and passwords to anyone via email, messages/chat windows, or any other form of communication. Kounselly.com is not responsible for any damages or risks that members may incur as a result of exchanging such information.
  • Only conduct transactions, and exchange information about transactions, services/courses through Kounselly’s integrated messaging system, chat box, and order management system. Never contact other members directly even if invited via personal email, and personal messages to avoid risks of leaking confidential information or other risks and damages that may occur to members. Kounselly also only handles complaints/disputes of members based on evidence collected from Kounselly’s system, so any transactions/exchanges outside of Kounselly’s system are not acceptable, which may leave members unable to protect their legitimate rights and interests in case of disputes.
  • Members should not click on unfamiliar links not being sent from Kounselly’s system or links for rewards, and promotions sent by members that are not part of Kounselly’s system. Members need to always be vigilant against cybercriminals and enhance awareness to prevent and protect personal information, account login information, as well as information about services, courses, sensitive information about the Company or business ideas, etc., of members. Kounselly is not responsible for any risks and damages that members may incur due to the negligence mentioned above.
  • Members using services of the Kounselly.com platform absolutely must not use any programs, tools, or other means to interfere with the system or alter the data structure, sabotage the system and features of the Kounselly.com platform, or distort information, obstruct users on the platform. It is strictly prohibited to spread, disseminate, or encourage any activities aimed at interfering, sabotaging, or intruding into the Kounselly website system. Any act of sabotage or other restricted/prohibited actions will be dealt with according to the Regulations, Terms of Service, Privacy Policy of Kounselly, and legal regulations.
  • In case a member discovers any service/course information or messages from other members with malicious intent, inappropriate language, sending unfamiliar links, etc., or any behavior/content violating the regulations in this operation regulations and terms of service of the Kounselly.com platform, we encourage members to report services/courses/users/messages via the “report” button integrated on the platform or through the “Support” link so that we can intervene and handle them promptly.
  • All transaction information on the Kounselly.com platform is kept confidential, except in cases where it is required to be provided according to the current legal regulations or at the request of the competent Government authorities.
8.3. Resolving incidents to ensure transaction safety and security
The Kounselly.com platform is committed to making every effort to ensure the safety and stability of the entire technical system to ensure transaction security for users. However, in case of incidents due to errors of Kounselly.com, Kounselly will immediately apply measures to ensure the rights of buyers. The Administration team of the Kounselly.com platform commits to providing the best quality of service to all members participating in transactions. In case of technical errors, software bugs, or other objective errors leading to members being unable to participate in transactions, members should notify the Administration Team of the Kounselly platform via email at contact@kounselly.com, or hotline +84 35 200 6689, or through the integrated support feature on the platform for users. We will rectify the errors as soon as possible, enabling members to participate in the Kounselly.com platform. However, the Administration team of the Kounselly.com platform will not be responsible for resolving cases where notifications from members cannot reach the Administration Team, arising from technical errors, network issues, software bugs, or other errors not caused by Kounselly.
9. Information Management
9.1. Regulations for Members
Members will be responsible for the security and retention of all activities while using the services under their registered username and password. Members are responsible for promptly informing the Kounselly about any unauthorized use, abuse, security breaches, and retention of usernames and passwords by third parties for appropriate resolution. If members post incorrectly categorized content, the Kounselly administration will send an email requesting a correction or removal of the post, depending on the severity of the discrepancy. Members shall not use the services of the Kounselly.com platform for illegal, unreasonable, fraudulent, threatening, unlawful information gathering, destructive, virus creation, and dissemination harmful to the system, configuration, transmission of information of the Kounselly.com platform, or use their services for speculation, market manipulation to create fake orders, fake bids, including serving market demand speculation. In case of violation, members shall be responsible for their actions before the law. Members are not allowed to modify, edit, replicate, copy, distribute, provide, or create similar tools of the services provided by the Kounselly.com platform for personal use or to provide to a third party without the consent of the Kounselly.com in this regulation. Members are prohibited from engaging in actions that undermine the credibility of the Kounselly.com platform in any form, such as causing discord among members by using secondary usernames through a third party or disseminating information detrimental to the credibility of the Kounselly.com platform.
9.2. Regulations on information provided by members

9.2.1. General Information required for member registration

For member accounts: To become a member of the platform, individuals must register their accounts using an email address and mobile number. The system will verify the user’s real identity by sending a verification link to their email or an OTP (One-Time Password) code via SMS or phone call to their mobile number. This process ensures the authenticity of the user’s account and identity before activating the member account. For seller registration information: Sellers are required to provide their personal identification documents such as an ID card or Citizen Identification Card and Tax Identification Number for individuals, or a Business Registration Certificate (for a business entity) to verify their identity. This information will be stored and cross-referenced as necessary. Sellers also need to verify their email address/phone number during the registration process. The system administrator will review the registration information for becoming a Seller on Kounselly and activate it if the information is valid.

9.2.2. Required Information and the cooperation criteria for Sellers and Instructors

While Instructors on the Kounselly Training Marketplace have no level distinction, Sellers on the Kounselly Consulting Marketplace are divided into 4 levels: Associate (level 0), Professional (Level 1), Master (Level 2), and Partner (Level 3). To upgrade Seller level, we offer two routes: Using revenue achievement and Buyers’ rating to upgrade from Level 0 to Level 2, and Fast-Track Route to be upgraded from Level 0 to Level 1, 2, or 3 based on our review and evaluation of experience, expertise, and industry reputation. Each route will have its unique requirements and criteria for upgrading.

Required Information and Cooperation Criteria

To become a Seller/Instructor on the Kounselly website platform, members need to ensure they meet the following criteria:
  • Experience and expertise: They must have sufficient experience and expertise in their advisory or teaching field. For specific fields, they need to have the required qualifications, licenses, or certificates according to legal regulations or industry standards.
  • Reputation and credibility: For high-level expert positions (Level 2 and Level 3) and instructors, they should be individuals with a reputable and credible presence in the industry based on Kounselly’s evaluation criteria.
  • Truthful and verifiable information: Information provided about their training, experience, and expertise must be truthful and verifiable.
  • No conflict of interest: They should aim for mutually beneficial cooperation with Kounselly and avoid conflicts of interest.
  • Minimum experience: Individuals with at least one year of experience can join the Kounselly platform as a Level 0 Seller and will be upgraded after meeting the standard sales performance and user rating as per the guidelines for each expert level. For Fast-track upgrading routes, the minimum experience for each level will be based on Kounselly’s criteria from time to time.
  • Willingness to comply with standards and regulations: They need to adhere to Kounselly’s standards and regulations during their activities.
  • Acceptance of evaluation criteria changes: They acknowledge and accept that Kounselly reserves the right to change evaluation criteria, expert standards, and instructor guidelines to adapt to the company’s business needs from time to time.
  • Profile completion: They need to complete their profile on the Kounselly.com platform, with information such as Their name and service/course fields, Experience – Education – Skills and Certificates, and a Portfolio if any.
Note: Sellers/ Instructors are strictly prohibited from including personal contact information or any other illegal, non-cooperative, or non-Kounselly platform-related service information in their self-description content in any form.
9.3. Regulations on content/information moderation on the platform
Members who meet the requirements as per the regulations will have their accounts posted or managed. The Kounselly.com administration not only controls information through keyword filters and manually approves each post but also checks when there are reports or complaints from customers regarding posted content. Therefore, there is no fixed frequency. The technical department will remove any violating information and notify the users. Additionally, during the operation, the internal team of Kounselly.com may also detect any violations (if any) and take action accordingly.
  • For consulting services: The service information will be posted immediately. However, the system administrators will have an editing team to review the posted information within a maximum of 72 hours to ensure that the posted information is valid. The administrators will send a request to notify about editing/removing service information from the system if they find that the posted information is inaccurate or violates the posting regulations or upon receiving negative feedback from customers. The service posting status is as follows:
    • Published: Your service is visible and may be ordered by all users
    • Paused: No one can see your service. You may reactivate it whenever you like
    • Pending: Your service is pending for review and is not yet available
    • Rejected: Your service failed to pass our review and is not visible to anyone
    • Disable: Your service is automatically disabled
    • Expired: Your service has expired.
  • For courses: After the course is successfully posted, it will be in the “pending review” status to wait for Amin’s approval before being publicly displayed on the website for buyers. The system administrators will have an editing team to review the posted information within a maximum of 72 hours to ensure that the posted information is valid. The administrators will send a request to notify about editing/removing course information from the system if they find that the posted information is inaccurate or violates the posting regulations or upon receiving negative feedback from customers.
9.4. Information Posting Regulations
The company requires Sellers/Instructors to provide clear information and describe services in detail, in full and accurately to avoid confusion for buyers. It is necessary to clearly state the content of the services provided, prices, and specific appointment schedules for each type of service. Below are some regulations on service posting that Sellers/Instructors should follow, otherwise their posts might be rejected.
  • Service Title: The title should reflect the main content details of the advertised service.
  • Information about the service should include details such as:
    • Service type. (For example: Booking, Package, …)
    • Fee types, total service cost.
    • Service execution time.
    • Images within the content must be relevant to the service and clearly represent that service. Image content should be formatted as PNG, JPG, BMP, GIF, or captured directly from the service itself.
    • Images that are prohibited from posting on the Kounselly.com platform include:
      • Images downloaded from the internet or Kounselly.com that are likely to infringe copyright.
      • Images that have been heavily edited or retouched to the extent that they do not accurately represent the true condition of the service.
      • Images containing links to other platforms, social media and websites, phone numbers, email addresses, company names, and business addresses.
      • Images that are not displaying correctly.
  • Service Description Content
    • Content must provide sufficient information for the Buyers (Customers) to decide to use the service;
    • Phone numbers, links to other pages and social media, and emails containing domain names of other websites are not allowed to be described in the content.
    • If there are multiple services, please post separate listings for each service, except in the case of posting services as a package.
    • Services containing content or images that are offensive to religion, ethnic groups, individuals, or celebrities are not allowed.
    • According to Advertising Law, the use of terms such as “best,” “unique,” “top,” “number one,” or similar terms in the content is not allowed (unless accompanied by supporting documentation).
  • Service Fees: Kounselly.com reserves the right to reject services with unreasonable fees or prices. The service fees will be listed in Vietnamese Dong (VND). The pricing policy aims to ensure safety and efficiency for both customers and consultants. service.
  • Languages: The Kounselly.com marketplace website uses Vietnamese with accents and English as its two main languages. When posting listings, users can choose the appropriate language based on the market and the language preferences of their target audience. However, regardless of the language used, users must adhere to the standard form of that language. Avoid using Vietnamese without accents, languages other than English or Vietnamese, or unfamiliar symbols, fonts, etc., which may confuse readers.
  • Members are not permitted to post or manipulate to post information that is untrue, defamatory, or detrimental to the reputation of the Company, our payment partners, and/or other Merchants and/or other partners of the Company, in any form.
9.5. List of products and services prohibited on the Kounselly.com website
– Free courses and lectures available elsewhere (either online or offline) cannot be commercialized or sold on Kounselly.com. – Information about services or courses, and lectures that violate the laws of Vietnam and local countries, including the following contents:
  • Pornographic content;
  • Content related to the manufacture, handling, or use of weapons;
  • Content promoting violence or physical harm;
  • Negative language or discriminatory language;
  • Content enabling illegal or unethical behavior;
  • Content intentionally causing confusion or deception;
  • Content violating current laws and regulations;
  • Content undermining or speaking ill of the government;
  • Harmful or inappropriate content.
  • Services, courses, lectures, or any content that violates Decree 72/2013/ND-CP and its related/updated regulations from time to time on the management, provision, and use of internet services and online information.
9.6. Prohibited behaviors in posting activities to introduce, and advertise services on Kounselly.com.
  • Advertisements that lack aesthetics, or show contrary to the historical tradition, culture, ethics, and customs of Vietnam.
  • Advertisements that offend the reputation, honor, and dignity of organizations or individuals.
  • Advertisements that use images, words, or written content of individuals without their consent, except in cases permitted by law.
  • Advertisements that are not accurate or cause confusion about the business capabilities, ability to supply products, goods, or services of organizations or individuals; regarding quantity, quality, price, functionality, design, packaging, brand, origin, type, service method, warranty period of registered or published products, goods, or services.
  • Advertising by directly comparing prices, quality, or the effectiveness of using one’s products, goods, or services with those of other organizations or individuals of the same type.
  • Advertising with content that involves unhealthy competition as per the regulations of competition law.
  • Advertising that violates intellectual property laws.
9.7. Procedures for collaborating and resolving complaints related to Intellectual Property Rights
The Kounselly.com platform always prioritizes the intellectual property rights of individuals, organizations, and businesses. Therefore, if any user notices any signs of infringement of intellectual property rights, please contact the website administration team immediately via our contact form on the Company’s Contact page, email contact@kounselly.com, or call +84 35 200 6689. In the event of complaints related to intellectual property rights (“IPR”), the Company is responsible for coordinating the receipt of complaints and collaborating with IPR owners to review and remove infringing products from the Website. To submit a complaint about IPR infringement, the complainant must be the owner or have been granted an exclusive license for the intellectual property rights subject to the infringement notice, or be an authorized representative with written authorization from the IP rights owner, or the party authorized to submit the IPR infringement notice. The coordinated process for resolving complaints is as follows: Step 1: If there is suspicion that one’s intellectual property rights (IPR) have been infringed upon by a Member, the individual suspecting the infringement may submit a complaint to the Company through the contact form on Kounselly’s website or via email: contact@kounselly.com. Step 2: The Customer Support Department of the Company will receive the complaints. Depending on the nature and severity of the complaint, the Company will take specific measures to assist the parties in resolving the dispute. The Company may request the complainant and/or the Member to provide information, and evidence related to the complaint for verification, clarification of the incident, and appropriate resolution.
  • If the Company accepts the complaint, it will remove the content or the list of services from the Website and take appropriate measures to address the Member’s violation according to the Company’s policy. The Company’s measures to address violations are confidential and may not be disclosed to the owner of the intellectual property rights or third parties.
  • If the complaint is deemed invalid or unsuccessful, the Company will not remove the services identified as violating, and the Company will not take any action against the Member. The complainant will receive a notification of the Company’s refusal to process and the reason for the refusal.
Step 3: In cases beyond the Company’s capability and jurisdiction, the Company will propose that the parties resolve the dispute at the competent Government authority as prescribed by law. Once the dispute has been resolved, the Member is responsible for informing the Company accordingly.
9.8. Sanctions and Measures for Violations of Regulations
The company has the right to review, inspect, and take necessary measures to remove, delete, or modify inaccurate, inappropriate, or violating information posted on the Website without prior consent of the Members. Any violations will be handled according to this Operational Regulations and Vietnamese laws.

– For Sellers/ Service Providers

Sellers provide information, and the Content Review Team verifies and authenticates the content before it is posted. Content that violates regulations will be rejected and not published on the website. For the verification of information provided by members/customers, the company will directly contact the reporting individual to verify the information. When detecting content that violates the regulations or is not as described, the content review team will proceed to remove that content and may issue a warning to the service provider. If the seller continues to intentionally violate the rules after receiving a warning or fails to ensure the committed quality process when providing services to customers, leading to repeated negative feedback from users, the company will refuse to provide services temporarily or permanently to such service providers. For the prohibited behaviors mentioned above, if a member intentionally or unintentionally violates them, Kounselly.com will handle the situation according to the following options:
  • For the first-time violation: Kounselly.com will send an email to the violating member, outlining the specific content that has been violated and requesting the member to remove the offending content.
  • For the second violation: Kounselly.com will send an email to the violating member, detailing the specific content that has been violated. Additionally, the member’s account will be temporarily suspended, and all offending content will be removed. The duration of the suspension will be determined by Kounselly. The member will need to contact Kounselly.com’s administration to have their account reinstated after the temporary suspension period has elapsed.
  • For the third violation: The violating member’s account will be permanently banned.
In cases where the Company determines that a member’s violation constitutes severe misconduct (such as fraud, undermining Government authority, spreading viruses to disrupt systems, stealing user information, propagating pornographic or obscene content, violence, or actions that could harm the reputation of Kounselly or other members, engaging in actions detrimental to Kounselly or other members, soliciting Kounselly’s customers, collecting data or features to directly compete with Kounselly…), the Company reserves the right to permanently suspend the member’s account whenever it deems necessary, even if it hasn’t reached the third violation.

– For Customers/ Buyers

When conducting transactions on the platform, please adhere to the Company’s regulations and guidelines to receive support and ensure your rights and interests in case of any arising issues. If customers engage in transactions outside the system without authorization, they will be responsible for any resulting damages. Additionally, if customers violate the regulations affecting the Company’s operations/reputation, the Company reserves the right to issue warnings or refuse to provide services temporarily or permanently upon discovery.

– Sanctions

Upon discovering any fraudulent information, and inaccuracies regarding services, or promotional programs, the Content Review team will remove the content and issue a warning to the member. If the violation persists from the third occurrence onwards, the Administration Team will consider permanently suspending the member’s account. In some exceptional cases, if deemed necessary, the member’s account may be permanently suspended after the first violation.
10. Responsibilities in case of technical errors
The Kounselly.com platform is committed to ensuring the safety and stability of the entire technical system. However, in the event of any incidents caused by errors on Kounselly’s part, immediate measures will be taken to safeguard the rights and interests of the members. When conducting transactions on the platform, it is mandatory for members to adhere strictly to the provided guidelines and procedures. In the event of technical errors, software glitches, or other objective issues preventing members from engaging in transactions, members should inform the platform’s administration team via the contact form on the website or email address: contact@kounselly.com. We will promptly rectify the errors to facilitate members’ participation in the Kounselly.com platform. However, the administration team of the Kounselly.com platform will not be held responsible for resolving issues in cases where notifications from members cannot reach the administration team, for technical errors, network issues, software glitches, or other errors not caused by the administration team.
11. The rights and obligations of the Administration team of the Kounselly.com platform
11.1. The rights of the Kounselly Administration team
(1) The Kounselly.com platform will provide services to members who have completed the required procedures and conditions set forth by us. (2) Kounselly will organize the introduction and provision of services/courses offered by Sellers/ Instructors. (3) Kounselly has the right to request service providers to provide complete information about their business, services/courses, as well as related operational documents, and to request cooperation from the service provider during the execution of their work. Service providers under the conditional business services category must provide a Certificate of Business Conditions/ Licenses for that service. (4) Kounselly has the rights to refuse, delete, change, lock, suspend, ban or terminate accounts in the following situations:
  • Inappropriate Username and content: Kounselly has the right to delete, revoke, or change the username and content selected and posted by members if Kounselly.com finds that the username or posted content is inappropriate, offensive, or violates the regulations on posting information of members and of the law.
  • Sellers’ violations:
    • Sellers with harmful activities: Kounselly.com has the right to refuse, suspend, or terminate the status of the service provider at any time if Kounselly.com determines that allowing the service provider to continue trading may cause harm to Kounselly.com and/or other parties on Kounselly.com without the consent of the service provider. Kounselly.com may notify the service provider in advance of this suspension or termination (at least 1 month), however, this is not a legally binding condition on Kounselly.com’s legal responsibilities but will depend on specific cases when Kounselly.com deems it necessary.
    • Sellers requesting users on Kounselly to switch to other platforms or transact outside of Kounselly website: Kounselly.com reserves the right to permanently ban sellers from using the website, deducting from the Seller’s account balance an amount equivalent to transactions directly related to the Seller’s actions or requiring compensation for lost transactions, including opportunity costs, business opportunities lost by Kounselly.com, if any, for behaviors requesting or persuading users on the Kounselly website to switch to other platforms or to communicate and/or transact services/courses outside of the kounselly.com website.
  • Customers’ violations: Kounselly may terminate the customer’s rights and the use of one or all of the customer’s services if the customer violates the regulations of Kounselly.com or engages in activities that affect business operations on Kounselly.com. Depending on the specific case and at the sole discretion of Kounselly, if deemed necessary and the customer’s violation is not severe enough to warrant immediate termination, Kounselly.com will notify the customer of the termination of the customer’s account within a minimum period of a month.
  • Inactive accounts: Kounselly.com will review the termination of service usage rights and membership rights of members if the member does not engage in transaction activities and exchange information on Kounselly.com continuously for 12 months. If they wish to continue being a member and have their service usage rights reinstated, the member must contact Kounselly.com through the Contact Page, email contact@kounselly.com, or phone number +84 35 200 6689, or re-register from the beginning according to Kounselly’s form and procedures.
  • Status of members: Kounselly reserves the right to immediately terminate the service usage rights and membership rights of a member if Kounselly discovers that the member has gone bankrupt, been convicted, or is currently serving a sentence. In cases where the member continues activities that may impose legal responsibility on Kounselly.com, engages in fraudulent activities, impersonation, market disruption, undermines solidarity with other members of Kounselly.com, violates current Vietnamese laws, breaches regulations, service terms, and other serious misconduct as deemed by Kounselly. In the event of terminating the membership rights and service usage rights, all certificates and rights granted to the member shall automatically expire and be terminated.
  • Non-compliant members: Kounselly has the right to temporarily or permanently suspend service provision, refuse service, or penalize violations in cases of non-compliance with legal provisions and Kounselly’s regulations.
(5) Kounselly.com has the right to request Instructors to cease providing publicly listed courses on other platforms or request Instructors to cease publicly listing those courses if they wish to sell them on the Kounselly.com website. (6) Kounselly reserves the copyright for its logo, brand, the platform developed and built by Kounselly, and also holds the copyright for the use of services and content on the Kounselly.com website according to the provisions of intellectual property protection laws in Vietnam. All symbols and content in various languages ​​are the property of Kounselly.com. Any unauthorized copying, use, and dissemination of these intellectual property rights are strictly prohibited. (7) Kounselly reserves the right to modify the commission rates/ site fees, and payment methods during the provision of services to members according to the needs and capabilities of Kounselly and will provide a one-month advance notice to members. (8) Kounselly has the right to receive full and timely payment according to the terms of the contract and the policies of Kounselly. Accordingly, Kounselly has the right to deduct commission fees/platform fees and other related expenses incurred in using the services by the Sellers/ Instructors from their revenue of service/course sales before paying the remaining revenue of Sellers’ / Instructors’ service/course sales or request them to pay these fees in full and on time. It also has the right to request remedies and compensation in case the Sellers/Instructors violate any obligations under the Contract/Platform Policies and/or cause damage to Kounselly. (9) Kounselly has the right to conduct all marketing activities such as leaflets, posters, banners, and commercial promotion campaigns for the Kounselly Websites at the Service providers’ place of business; as well as using the Service providers’ name in marketing activities (10) Kounselly has full authority to decide to include the services/courses of service providers/instructors in Kounselly’s marketing campaigns, whereby, in some cases, the price of the service/course may not be at the level set by the Sellers/Instructors. (11) Kounselly has the right to remove from the website or disable any files and content that are too large or burdensome for the Kounselly system. (12) Kounselly has the rights to access to the content posted by Sellers and the courses provided by Instructors. However, Kounselly.com is not obligated to pay service fees for accessing this content. (13) Kounselly has the right to require sellers to comply with the regulations in the Operating Regulations, Terms of Service, and other provisions of Kounselly and the law. While not explicitly stated in the service using agreement, the provisions in the Operating Regulations, Terms of Service, Privacy Policy, Refund Policy, and other publicly posted regulations of Kounselly.com on the website also bind the seller, much like the contents of their service using agreements with Kounselly.
11.2 Obligations and Responsibilities of Kounselly’s Administration Team

a. Obligations and Responsibilities to ensure the legal operation of the Kounselly.com website

(1) Kounselly is responsible for registering, establishing the website providing e-commerce services according to legal regulations, and publishing the registered information on the Kounselly.com website. (2) Build and publicly disclose the operating regulations on the Website according to legal regulations; monitor and ensure compliance with the operating regulations of Sellers and Customers. (3) Kounselly is responsible for establishing mechanisms that allow users to participate in conducting contract formation processes as prescribed in Chapter II, Section 2 of Decree 52/2013/ND-CP. (4) Kounselly is responsible for several key tasks, including researching, designing, procuring hardware and software, internet connections, and establishing Kounselly.com policies within the permitted conditions and scope. Kounselly.com will proceed to deploy and collaborate with providers to build a system of services and utility tools to facilitate transactions for customers participating on Kounselly.com.

b. Obligations and Responsibilities to administer and operate the Kounselly.com website

(1) Kounselly has obligations to deploy services such as activating accounts, editing content, providing information consultancy, and advertising programs/events for service providers as requested in the agreed-upon service contract. Kounselly commits to fulfilling the contract in goodwill and for the benefit of the service providers (2) Kounselly is responsible for requesting Service providers to provide complete and legally accountable information regarding their services, as well as information about promotional programs. If the services provided by the Sellers fall under the category of conditional business services, Kounselly needs to request Sellers to provide the necessary business certification for those services (as required by law). For promotional programs, Kounselly.com needs to request Sellers to provide permits for organizing such programs. (3) Kounselly has obligations to inform Sellers about the progress of their work on the website and any issues arising during the implementation of the cooperative contract monthly through the website features, written communication sent via email or paper mail, or any other convenient and effective form for Sellers. (4) Kounselly is responsible for updating news related to its activities. (5) Kounselly will conduct promotional activities to promote itself in foreign markets within the scope and conditions allowed, contributing to expanding and connecting to meet the needs of finding partners and developing the foreign market of the members participating in the platform. (6) Kounselly will strive to the highest extent possible within the scope and conditions to maintain the normal operation of Kounselly.com and address issues according to the terms and conditions of the contract. However, if such incidents occur beyond the control of Kounselly, or are force majeure events that cause damage to Customers/Partners, then Kounselly shall not be held jointly responsible.

c. Obligations and Responsibilities towards users’ complaints and disputes

(1) Kounselly has obligations to resolve Sellers’ complaints regarding the quality of services provided within its responsibility. Kounselly must ensure that information is displayed for the agreed-upon duration as stipulated in the contract, if applicable. In cases where there are provisions regarding the display duration of information, and Kounselly fails to ensure it for the Sellers, Kounselly will be responsible for reimbursing the service fee to the Seller along with clear documentation/email reporting the reasons and resolution directions. (2) Kounselly is responsible for developing and publishing on its platform the mechanism for receiving and resolving customer complaints regarding the quality of goods and services. It publicly discloses the mechanism for resolving disputes arising during transactions on the Kounselly.com website. In case of conflicts between customers and sellers, Kounselly is responsible for providing customers with information about the Sellers and actively supporting customers in protecting their legal rights. (3) Kounselly is responsible for acting as the focal point for receiving and resolving complaints. Kounselly.com mediates in case of disputes between Sellers and customers. It receives feedback and complaints from customers and checks the content of those feedback and complaints. It also cooperates with Sellers to solve the arising complaints and disputes. If these are found to be valid, Kounselly.com will request both parties to explain/provide evidence regarding those issues. Depending on the severity of the violation, Kounselly.com will require the service provider to compensate the customer and refund their service fee to ensure customer rights. If the case is serious, Kounselly will suspend the supplier’s account. (4) Kounselly is responsible for representing foreign sellers on the platform to address consumer complaints related to services provided by foreign merchants. It is also responsible for notifying the tax obligations of foreign sellers when providing services on the platform in compliance with Vietnamese laws. (5) Kounselly.com will not share customer personal data with Sellers more than necessary, such as their name, profile picture, information voluntarily provided and posted in user profiles, and other statistical data related to transactions that customers have conducted. In case of any issues with customers, all parties understand that Kounselly.com is not responsible for investigating customers. However, Kounselly.com will make reasonable efforts to cooperate with Sellers and relevant authorities in compliance with Vietnamese law if necessary.

d. Obligations and Responsibilities towards the safety and security of customer payment

Kounselly must ensure the safety and security of customer payment transactions, handle complaints as well as compensate for damages in case customer payment information on the website is altered, deleted, canceled, copied, disclosed, unlawfully moved, or misappropriated, except where Kounselly proves that the fault is not attributable to Kounselly or that Kounselly has fulfilled its responsibilities. Examples of such cases (but not limited to) include changes, deletions, cancellations, copies, disclosure of information caused by errors from payment gateway/e-wallet providers, banks managing customer accounts, errors by customers/members who do not manage their accounts properly (such as let others borrow their accounts, clicking on suspicious links, connecting emails/accessing accounts on insecure devices/networks, leading to unauthorized access or loss of accounts), or due to cyberattacks beyond Kounselly’s control or other force majeure circumstances.

e. Obligations and Responsibilities towards illegal business activities

Kounselly has prompt measures in place upon detection or receipt of reports regarding illegal business activities on the platform as follows:
  • Preventing and removing from the Website any information related to the provision of services falling within the category of prohibited goods and services for business, and prohibited sectors or professions for investment and business as stipulated by law.
  • Remove information about services violating the law within 24 hours, from the receipt of a request from the competent Government authority.
  • Coordinate with intellectual property rights holders to review and remove infringing services following the procedures outlined in this Operational Regulations.
  • Issuing warnings or refusing to provide services temporarily or permanently to individuals, businesses, or organizations engaged in business activities that violate the law.
  • Remove counterfeit, pirated, smuggled, or intellectual property infringing goods listings.
  • Request service providers in conditional business categories to provide a Certificate of Eligibility/ License for those services.

e. Obligations and Responsibilities in cooperating with competent Government authorities

(1) Kounselly is responsible for receiving, responding to, and resolving complaints, feedback, and disputes related to its platform at the Portal for Managing E-commerce Activities of the Ministry of Industry and Trade at the address www.online.gov.vn. (2) Kounselly is responsible for assisting government authorities in investigating, handling illegal business activities, and resolving disputes/complaints. Kounselly is obligated to provide registration information, transaction history, and other documents related to users engaging in illegal activities on Kounselly.com. (3) Kounselly is responsible for appointing a focal point to receive requests and provide online information to Government authorities regarding users/members showing signs of legal violations. This focal point will provide information within 3-5 working days from the time of receiving the request to promptly assist in inspection, examination, handling of violations, and resolution of complaints and reports.
12. The Rights and Obligations of Service Providers/Sellers on the Kounselly.com platform
12.1. Rights of Service Providers
(1) After creating an account or signing a cooperation contract, Service providers will be provided with an account to update information introducing their company/individual. They will be able to post advertisements, promote their services/courses on their personal page/store on Kounselly.com, or place advertising banners on the Kounselly.com platform. (2) Service providers will be supported in acquiring the necessary skills to manage their accounts or postings on the Kounselly.com platform through feature training provided by Kounselly, via support hotlines, or by emailing the customer care department of Kounselly to request assistance. (3) Enjoy other preferential policies of Kounselly or third-party partners provided on the Kounselly.com platform. These preferential policies will be updated and posted on the administration page or directly sent to the Sellers. (4) Participate in events, community activities, sales promotion programs, and training courses for using the system provided by Kounselly. (5) Service providers have the right to request the administration of the Kounselly.com platform to report on the progress of the implementation of the contract signed between both parties.
12.2. Obligations and Responsibilities of Service Providers
(1) Service providers must provide complete registration information as requested by Kounselly. In case the Service provider represents an authorized brand, program, or celebrity, the service provider is responsible for providing one (01) copy of the agency contract or authorization letter issued by the authorized party. Service providers must commit that the information and documents provided are accurate and must be original or certified copies by the local authorities. (2) For consulting services/courses introduced on the website, the seller must provide information for customers to accurately determine the characteristics of the service to avoid misunderstandings when deciding to place an order. Service providers are responsible for accurately listing information about service images, content descriptions, service prices, support policies (if any), etc., in a specific, clear manner. (3) The service provider must ensure the quality of the service as committed on the website, adjust and improve based on customer feedback through the website, and bear full responsibility for the services provided. (4) Service providers are responsible for maintaining professional ethics and professionalism in providing services/assisting customers, and safeguarding the information, documents, records, and papers provided by customers before, during, and after the transaction. In cases where the service provider is provided with sensitive information and confidential information from customers to conduct transactions, the service provider is responsible for managing and handling the provided information with the highest confidentiality, ensuring no disclosure of the information to any third party, and will be legally liable (including compensation for damages if any) in case of leakage or disclosure of customer information. In this case, Kounselly is not obligated to bear joint responsibility. (5) Provide services/courses in compliance with professional standards and legal regulations, if any. Do not offer courses that have been publicly posted on other platforms as paid courses on the Kounselly.com platform. (6) Sellers are not allowed to solicit, contact, or persuade customers to engage in transactions or purchase services/courses outside the Kounselly.com platform. They are also prohibited from persuading Kounselly.com users to migrate to other platforms. In the event of a violation, Sellers agree to accept Kounselly’s measures to address the violation, including compensating for damages incurred in transactions, opportunity costs, and lost business opportunities resulting from the sellers’ actions. (7) Sellers are responsible for actively updating themselves on any new regulations introduced by Kounselly. If, during the using period, Kounselly makes changes to its terms and updates them on the website and/or sends notifications to users’ emails, but users continue to use the platform without reviewing these changes, it is considered that they agree to the new terms introduced by Kounselly. (8) The service provider here commits to adhering to all local regulations related to the provision of their services in business. The service provider must comply with legal regulations regarding taxes, payments, advertising, promotions, intellectual property rights protection, and other relevant legal provisions when operating on the Kounselly.com platform. (9) Service providers are obliged to cooperate and provide information as requested by Kounselly during the investigation of suspected cases of illegal activities, fraud, or violations of legal regulations and Kounselly’s policies. (10) Service providers allow Kounselly to use their name, logo, and related information on marketing materials and are considered a source of service for the work/business cooperation provided by Kounselly.com. Service providers also allow Kounselly to publish and announce all progress and collaborative work in the contract, as long as they do not disclose trade secrets or business information without the consent of the service provider. (11) Adhering to the safety and security guidelines of Kounselly, ensuring the security of Sellers’ account, and taking responsibility if any loss occurs due to information leakage from their own side. (12) Not transmitting any information belonging to Kounselly’s ownership or using Kounselly’s services and/or using services of Sellers through Kounselly.com for the following purposes: illegal, unlawful, fraudulent, threatening, creating fake orders, conducting illegal information gathering, sabotage, creating and/or spreading viruses damaging to the system/configuration, directly competing with Kounselly. (13) Not changing, modifying, assigning, copying, broadcasting, distributing, providing, and creating similar tools of the services provided by Kounselly.com for personal use or for providing to a third party without the consent of Kounselly.com’s Administration. (14) Service providers are responsible for providing information about the status of their business activities when requested by the competent Government authorities to facilitate E-commerce statistics. (15) Service providers are required to cooperate with Kounselly in resolving disputes between customers and service providers regarding complaints during transactions conducted through the Kounselly.com platform. The Service provider must accept Kounselly’s arbitration decision and is obligated to compensate members/customers for damages and refund customers when the fault is determined to belong to the service provider. (16) Service providers are not allowed to engage in actions that damage the reputation of the Kounselly.com platform in any form or disseminate information that is detrimental to the reputation of the Kounselly.com platform.
13. The Rights and Obligations of Customers/Buyers on the Kounselly.com platform
13.1. The Rights of Customers
(1) Customers will be provided with a unique username and password to use their member accounts and manage transactions on Kounselly through the Kounselly.com website or to post their service requests on the Kounselly.com platform. (2) Customers will be guided by Kounselly on how to use various tools and features to facilitate their purchases and utilize the utility services available on the Kounselly.com platform. (3) Customers have the right to enjoy the quality of the service provided by the service providers as committed on the website. Service providers also adjust and improve the service quality based on customer feedback through the website, and bear full responsibility related to the services provided. In cases where Customers provide sensitive information and confidential information to Service providers to facilitate transactions, the service provider is responsible for managing and handling the information with the highest level of confidentiality, ensuring that the information provided is not disclosed to any other third party, and will be legally liable (including compensation for damages if any) in the event of leakage or disclosure of customer information. In this case, Kounselly is not obligated to bear joint responsibility. (4) Customers have the right to provide feedback to the Kounselly.com platform during its operation. Suggestions can be submitted directly via mail or email to the Kounselly.com platform. (5) Customers have the right to comment truthfully about the services provided by service providers. (6) Customers have the right to receive value-added tax (VAT) invoices issued by service providers when they have fully paid for the services booked through Kounselly.com (except in cases where customers purchase services/courses from individual sellers who are not registered as businesses) (7) Customers have the right to request Sellers to ensure the confidentiality of the information they provide for transactions on the Kounselly.com website. This means that Customers have the right to request Sellers to sign a Non-Disclosure Agreement if it is deemed as necessary by the Customer.
13.2. The Obligations and Responsibilities of Customers
(1) Customers will be responsible for securing and keeping all service usage activities under their registered username, password, and email. In the event customers fail to secure and keep their username, password, and email securely, resulting in damage to themselves or others, customers will bear full responsibility. (2) Customers are responsible for promptly notifying Kounselly.com about any unauthorized use, abuse, or security breaches, as well as the preservation of their usernames and passwords, to allow both parties to collaborate in addressing the issue. (3) Customers commit to providing accurate information to Kounselly.com and ensuring that the information posted on Kounselly.com is accurate. (4) Customers are responsible for providing information as requested by the service providers and closely collaborating with the service providers during the transaction process to enable the service providers to deliver services as per the customer’s requirements. (5) Customers are not allowed to engage in actions that undermine the reputation of the Kounselly.com Platform in any form, such as causing discord among members by using a second username through a third party or spreading information detrimental to the reputation of the Kounselly.com Platform. (6) Customers are responsible for providing supporting evidence to Kounselly and the service providers in the dispute resolution process and accepting Kounselly’s arbitration decision as final. (7) Customers are obligated to cooperate and provide information as requested by Kounselly.com during the investigation of suspected illegal activities, fraud, or violations of laws and regulations by Kounselly.com. (8) Do not transmit any information owned by Kounselly.com or use the services of Kounselly.com and/or use the services of Sellers through Kounselly.com for the following purposes: illegal, unlawful, fraudulent, threatening, creating fake orders, unauthorized information gathering, sabotage, creating and/or spreading viruses causing damage to the system/configuration, directly competing with Kounselly. (9) Do not modify, edit, combine, copy, transmit, distribute, provide, or create similar tools to the services provided by Kounselly.com for personal use or to provide to a third party without the consent of the Kounselly.com Administration. (10) Do not lure users on Kounselly.com to other platforms or propose transactions outside of Kounselly’s platform. (11) Allow Kounselly.com to use their name, logo, and related information on marketing materials, provided that no trade secrets or business information are disclosed without the customer’s consent.
14. Modifications
The Kounselly.com platform reserves the right to amend this Regulation together with the Terms of Service, Privacy Policy, Refund Policy, etc…. by making announcements on the Kounselly.com website. Members’ continued use of the service after the revised Regulations and Policies are announced and enforced is deemed acceptance of these amended Regulations and Policies. The operating regulations and policies, terms of service will be continuously updated and supplemented by the Kounselly.com platform and notified 5 working days before implementation/enforcement. Service providers and members participating in the Kounselly.com platform are responsible for complying with the current regulations when transacting on the Kounselly.com platform.
15. Enforcement Term
By using Kounselly.com for online transactions, Members agree to comply with these regulations. Any inquiries from members/users, please feel free to contact Kounselly.com using the following information for assistance: Customer support Kounselly.com Online Marketplace platform Head office: #42, 67th Lane, To Ngoc Van Street, Quang An Ward, Tay Ho District, Hanoi, Vietnam Hotline:  +84 35 200 6689 Email: contact@kounselly.com
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© 2023 Kounselly JSc.

KOUNSELLY JOINT STOCK COMPANY

Business Code: 0110069847 Issued by Hanoi Department of Planning and Investment on 25th July 2022

Address: No. 42, 67th Lane, To Ngoc Van Street, Quang An Ward, Tay Ho District, Vietnam

Email: contact@kounselly.com - Customer support: +84 24 888 99 133 - Hotline: +842488899133

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