Terms of use
Article 1 (About our Terms of Use)

1. “StartupGate” is a matching platform service (hereinafter referred to as “Service”) operated by Sun Asterisk Vietnam Co., Ltd. (hereinafter referred to as “the Company”) that provides a place for start-ups and investors to meet.

2. You are welcome to access our Website whether you are a start-up, an investor or a guest (hereinafter collectively referred to as “Users”) as long as you are interested in using our Service. However, please kindly note that your access and use is subject to your agreement with these Terms of Use. These terms are intended to clarify the rights and obligations between the Company and our Users relating to the provision governing the use of this Website and our Service, so please review them carefully. Please also take a look at our Privacy Policy which is not part of these terms.

3. Without prejudice to your rights, we may in the future modify these terms to reflect changes in our business and our system in accordance with applicable laws. We will, but are not obliged to, notify you by email to the email address you have provided us with about such changes. Any modification shall be effective upon our posting of the revised Terms of use on the website. Thus, you are advised to review these terms regularly to ensure you are updated as to any changes.

Article 2 (Registration for “StartupGate”)

1. If you wish to use the Service as a start-up or an investor, you must apply for user registration through our Website. You must input necessary information as required by our Website after agreeing to the content of these Terms of Use. At the time you fill in the application, the Company deems that you accept these terms in full. If you disagree with these terms or any part of these terms, you may not apply for user registration for or use our Service.

2. Based on the information you provide at the time of application (hereinafter, all or a part of said information is referred to as “Registration Information”), the Company will conduct a screening examination. The user registration for the Service shall be completed once an user (a start-up or an investor) receives an approval from the Company.

3. For reference in this document, a start-up who has completed the user registration is referred to as “Registered Start-up”, an investor who has completed the user registration is referred to as “Registered Investor”, and both are collectively referred to as “Registered Users”. The contract between the Registered Users and the Company is referred to as the “Agreement”.

4. Any user who wishes to apply for user registration for our Service shall acknowledge that the screening examination and approval for registration shall be conducted in our full discretion, and shall hereby commit not to question or challenge the screening results. In addition, the Company has no obligation to explain the reasons for the examination results.

Article 3 (User Restrictions and Suspension)

1. The act of applying for user registration using a fictitious name or the name of another person or the act of providing false, inaccurate or misleading content to the Company with respect to the registration information is prohibited. Registered users, when providing registration information to the Company, shall guarantee the accuracy and pledge not to provide any of the content in the following list (hereinafter referred to as “Prohibited Information”):

  • - Content that attacks or slanders the Company or third parties
  • - Violent, obscene or discriminatory language
  • - Adult content
  • - Invitation to MLM, network business and other similar businesses
  • - Content that leads to illegal or inappropriate product sales sites
  • - Chainmail, spam, computer viruses, malware, and other generally harmful programs
  • - Content that infringes trademark rights, copyright, patents, industrial property rights or other intellectual property rights of third parties
  • - Content that infringes the right of a third party
  • - Third party personal information
  • - A program designed to collect information about the Company and other registered users
  • - Links to websites or files containing any of the above items
  • - Any other content that violates the laws or violates these terms, or that violates public order and morals

2. In the event that obvious mistakes, falsehoods, omissions, etc. are found in the registration information, or if the prohibited information is included, the Company shall have the right to edit or delete the relevant information without prior notice. If there is a reasonable doubt about the accuracy of the registration information or there is a possibility that such information may be prohibited, the Company may request the relevant registered users to replace the disqualified information by providing accurate and authentic substitute. If a registered user fails to do so, we may suspend that registered user’s account and delete all relevant registration information from our system. We may also suspend or terminate any registered user’s account without warning if ordered to do so by a court, and/or in other appropriate circumstances.

3. Registered users are responsible for making changes to the registration information where needed and for keeping the registration information up to date in a timely manner. The Company shall not be liable for any losses to registered users or third parties due to the registered users’ failure to update the registration information.

Article 4 (Functions of Our Service)

1. The Company is currently offering Registered Users a full service package with FREE of charge. Our service package features the following tools and functions:

  •   “Posting and Editing tool” allows Registered Users to edit account profile and post basic information (including but not limited to email address, linkedin, facebook, skype, etc.)

  •  “Searching tool” allows Registered Investors and Registered Start-ups to search for each other using the system’s filter tool. However, while a Registered Start-up is able to view only the name of the searched investor, a Registered Investor is allowed to find some information of the searched start-up, such as its company profile, customer issues, etc. from the search results

  •  “Accessing tool” allows Registered Investors to send requests to the Company to access further information (hereinafter referred to as “Detailed Information”) of a certain start-up. The Company then contacts that start-up to ask for its consent in disclosing detailed information or not. Registered Investors are able to view detailed information when and only when the start-up permits them to do so.

  •  “Connecting tool” allows Registered Users to actively request the Company to connect them with either a Registered Start-up or a Registered Investor that they are interested in.

  •  “Endorsement tool” (available for Registered Start-ups only) allows a Registered Start-up to send a request to the Company for obtaining an endorsement from a target Registered Investor. The target Registered Investor has the right to consider whether it wants to verify that Registered Start-up by accepting the endorsement or not.

  • 2. All requests sent to the Company have to be reviewed and approved by the Company before being transferred to a Registered Investor or a Registered Start-up. The Company shall have the right to reject unqualified requests and not be obliged to explain the reasons of rejection.

  • 3. No direct connection among Registered Users shall be made on the Company’s website. Making direct contact is the discretion and responsibility of the Registered Users outside the scope of our service. The Company shall not be liable for any contact between Registered Users and any subsequent contact or consultation, and shall not be liable for any trouble that may arise.

Article 5 (Exclusion of Our Service)

1. Our service merely provides a place to support registered start-ups and registered investors in searching for each other’s information. Registered start-ups cannot apply for the registration of the Company’s service or use the Company’s service for the purpose of soliciting acquisition of shares and/or other similar purposes.

2. Our service does not deal with solicitation for acquisition of stocks or solicitation for sale or any other business activities between the registered start-ups and registered investors. Any action other than searching for information, for examples, negotiating, exchanging, discussing and sharing business information, exceeds our scope of service and is not allowed to be conducted by the registered users on our system.

3. In the event that a registered user violates any of the provisions stated in the preceding two paragraphs or elsewhere in this document, or commits an act that may conflict with applicable laws and regulations, the Company may, without notice, suspend the account of such registered user and/or carry out necessary corrective actions to solve the situation.

Article 6 (Non-disclosure)

1. In these Terms of Use, unless the context otherwise requires, “Confidential Information” means any and all information available on the Company’s Service that any Registered User might approach and get access to during their use of the Company’s Service and any copies thereof including, without limitation to, information provided whether directly or indirectly and in whatever form and format (including, without limitation, orally, in writing, in printed documents or on computer disks, tapes or electronic files, whether machine or user readable) and which the Company indicates as being confidential in nature or which, under the circumstances surrounding disclosure, reasonably deemed to be treated as confidential. Under these Terms of Use, Confidential Information shall refer to, without limitation, market information, trade secrets, software, hardware, drawings, configuration information, concepts, ideas, plans, inventions, know-how, practical experience, procedures, methodology, technical and scientific data, specifications and formula and other relevant information.

2. Notwithstanding the foregoing, Confidential Information might not include information which:

  • - was in the public domain on the date hereof or comes into the public domain other than through the fault or negligence of the Registered Users;
  • - was lawfully obtained by the Registered Users without restrictions from any party who has the right to disclose it; or
  • - was independently developed by the Registered Users without making use of any Confidential Information nor other information that the Company disclosed in confidence to any party.

3. The Registered Users agrees and strictly undertakes to:

  • - only use the Confidential Information in accordance with these Terms of Use;
  • - not bring the Confidential Information out of the Company’s Website in any manner whatsoever except for prior written consent of the Company;
  • - not share, transfer, reveal, disclose, divulge or leak the Confidential Information to any party in any manner whatsoever without the prior written consent of the Company;
  • - not make any copies or reproductions of or reduce into writing or other expression or keep any records of any of the Confidential Information without the prior written consent of the Company in any circumstance;
  • - keep the Confidential Information confidential and secret at all times and take reasonable measures to maintain sufficient security with regard to the confidentiality hereof and so as to prevent unauthorized access thereto; and
  • - arrange proper and secure storage for such Confidential Information and to ensure the security and control of any Confidential Information by physically restricting the location and use of such Confidential Information to areas of restricted access in the Registered Users’ premises and by secretly storing such Confidential Information in a manner which does not permit unauthorized access.

4. Upon request of the Company at any time, the Registered Users shall promptly return to the Company all items of Confidential information (including all copies thereof); and/or destroy any notes or personal memoranda which include or are based upon such Confidential Information in accordance with the instructions of the Company.

In the event of destruction, the Registered Users shall certify in writing to the Company within thirty (30) days that such destruction has been accomplished. The Registered Users shall make no further use of such Confidential Information nor retain such Confidential Information in any form whatsoever.

5. All Clauses from 1 to 4 of this Article 6 shall have binding effect to all Registered Users during their use of the Company’s Service and Website and even after their termination of use.

Article 7 (Copyrighted Work)

1. All copyrighted materials and advertisements, information, articles, photographs, illustrations, logos, and other content (hereinafter collectively referred to as "Copyrighted Works") provided to the Company by a registered user for publication on this site shall be the property of said registered user or the third party who provided it to said registered user. Provided, however, that the registered user has previously licensed the use of the copyrighted works free of charge within the scope of the purpose of the service of the Company.

2. Registered users shall obtain the permission to use the copyrighted works on the Company’s service at their own risk if the copyrighted works has been provided by a third party. If a lawsuit or claim is filed against the Company by a third party due to the lack of permission for use of the copyrighted works, the issued registered user shall resolve it at his/her own responsibility and expense, or shall be liable for any damages or costs (including reasonable attorneys fees).

3. Copyrighted works arising out of the Company’s service other than the works specified in the preceding paragraphs (hereinafter referred to as “Our Works”) shall belong to the Company or the third party whose works were provided to the Company. Unless permitted by the applicable laws and regulations, registered users may not use, copy, reprint and/or conduct other infringing actions against all or part of our works without the permission of the Company or the third party whose works were provided to the Company.

4. Registered users shall not copy, change, remove, or otherwise modify the Company's work, etc. without the prior written consent of the Company, and shall obtain a new copyright In the event of any occurrence, such rights shall belong to the Company.

Article 8 (Use of registration information, etc.)

1. The Company may use the registration information for the following purposes:

  • - For the registration decision materials of our service.
  • - To record and manage the use and negotiation history of our services.
  • - To provide necessary information as one of the Company’s Service functions and to provide other information related to the Company’s Service.
  • - To improve convenience by improving the content of our service.
  • - For general management advice, surveys and introduction of experts.
  • - To provide basic materials for business matching with collaborating companies, such as sales activity support, marketing and advice on the business system for business expansion, alliances, etc.
  • - To conduct research and analysis of the use of our services and other marketing analysis.

2. In the course of using the Registration Information for the purposes as mentioned above, the Company might, at its sole discretion, notify the Registered Users of any new update, advertisement, action completed, request made and other type of information. All such notifications shall be sent to the Registered Users through their email addresses and the Registered Users, by registering and using the Company’s Service and Website, shall completely agree to and make no complaint against receipt of any notifications from the Company in any circumstances.

3. The Company shall collect and manage Registration Information in accordance with the purpose set forth in the preceding paragraph, and may provide the registration information to our partner companies and organizations to the extent necessary for the purpose. In the process of outsourcing a part of the business required to provide our services to a third party, we may also provide Registration Information to that third party.

Article 9 (Handling of personal information)

1. The Company is obliged to receive, process and use all personal information provided by the registered users for the declared purpose of the Company’s service and takes responsibility for securing and protecting personal information of registered users in compliance with applicable laws and regulations.

2. The registered user agrees in advance that the personal information included in the registration information may be provided to our affiliated companies and organizations within the scope of the purpose specified in the preceding article.

3. Details of the Company’s rules for handling of personal information are included in our Privacy Policy.

Article 10 (Choice of Law and Jurisdiction)

These Terms of Use, which take effect from the date of launch of the Company’s Service, shall be governed by the laws of Vietnam. Any dispute concerning the interpretation or effect of these terms shall be resolved by the competent court located within the jurisdiction of Vietnam.