TERMS AND CONDITIONS OF USE
THESE TERMS AND CONDITIONS for using product/service provided by Hung
Thai Technology Company Limited. By checking on the "I have understood
and agree to the above terms" then Confirm, User agrees that these terms
and conditions will apply when using our services.
HUNG THAI TECHNOLOGY COMPANY LIMITED, a company established and
operating under the laws of Vietnam, and having enterprise code number
0315599362 (hereinafter referred to as "we", "us", or "our").
By downloading, installing and/or using the application (the “App”), you
agree that you have read, understood and agreed to these Terms of Use,
as well as any related adjustments and accepted that the use of the
Services (as defined below) will be governed by these Terms of Use and
any rules, procedures and other specific terms for the Services provided
by us or third parties. If you do not agree to any of these Terms of Use
(or any updated version from time to time), you have full control over
not downloading, installing, using the App or canceling your account,
removing the App from your mobile device.
1.ABOUT THE APP
The APP is a software application that serves a platform for providing
life convenience measure and finding service or information (“Services”)
to you. The Service on the APP may be provide by us or third parties
(“Service Provider(s)”). The Services may be added, modified, removed
from time to time.
2.ABOUT UPDATED VERSION
As a user, you agree and acknowledge that these Terms of Use may be
updated regularly by us without notice. You are solely responsible for
periodicaly updating the latest version available on the App. The
updated version will replace the terms and conditions in the previous
applicable version. You may access the App to view the details of the
updated version.
3. FOR THE AVOIDANCE OF DOUBT, WE ARE A TECHNOLOGY COMPANY TO PROVIDE A
PLATFORM ONLY AND ARE AN INDEPENDENT LEGAL ENTITY FROM OTHER SERVICE
PROVIDERS.
We do not employ the Service Providers and we are not responsible for
any acts and/or omissions of the Service Providers. The App is simply
a means/platform to connect you to the Service Providers and to help
you search and use the Services easily.
4. USER ACCOUNT
To use the App, you must download the App to your mobile device and
register an account on the App. The App is allowed to access to the
information you provide to confirm your identity and create an account
for you. You commit that all information provided by you is true,
correct, complete at the time of request and You are solely responsible
for this commitment. All of your rights and obligations are based on the
account information you provide. Therefore, you will be solely
responsible for any misleading information resulting in effect or limit
of your rights.
5. USING THE APP OF USERS
You have the right to use the App and the Services we provide, however,
such use will be subject to the following:
5.1 You warrant that you are an individual having legal capacity to
enter into a binding agreement under the laws of the Socialist Republic
of Vietnam. You further warrant that you have the right, authority and
capacity to use the Service and to abide by the Terms of Use. Otherwise,
any agreement entered into between you and us or the relevant Service
Provider, will be invalidated in accordance with the law, as the case
may be.
5.2 You may only have one user account of the App.
5.3 Only you may use your own account and you undertake not to disclose
or authorize others to use your account password and any identification
or account information we provide you. In case your password is
disclosed, somehow, which causes any illegitimate or unauthorized uses
of your account or identity, transactions generated from such
illegitimate or unauthorized uses will still be deemed valid
transactions.
5.4 You undertake that you will use the App only for the purpose of
using the Services. You may not abuse or use the App for fraudulent
purposes or to cause any inconvenience to others or to make fake
transactions.
5.5 You are not allowed to:
(a)Copy, modify, transmit, decompile, or disassemble or perform other
actions to find any programming code or source code used for the App.
(b)Copy, modify, create a new product or derivative products from the
App or intentionally threaten to perform the above mentioned by any
means.
(c)Remove, disable, prevent or change any function or appearance of the
App.
(d)Sell, sublicense, transfer or assign your account or any of its
rights (including but not limited to the rights regarding the software,
design and content of the App, if applicable) to any third party.
(e)Use the App to provide services to any third party.
(f)Use any automatic or manual process to collect information from the
App.
(g)Use any content of the App to develop or constitute part of a similar
system for storing and extracting information, databases or sources of
information (by any means that currently exist or to be formed in the
future), using for commercial distribution or any other activities.
5.6 We are not liable if you do not have a compatible device with the
App or if you have downloaded the wrong version of the App to your
device.
5.7 You understand and agree that your use of the App will also be
subject to our provisions regarding the rights of privacy and
confidentiality (as stipulated in point 8 &9), as may be amended
from time to time. By using the App, you also give your consent as
required under our provisions regarding the rights of privacy and
confidentiality.
5.8 By providing us information, you represent that you have the right
to provide information and allow us to use and share information with
the Service Providers or Project Management (if you are a resident of
projects within the Phu My Hung urban area).
5.9 We may, in our sole discretion, provide promotions that may be
deemed for benefits related to the use of the App. You agree that you
will only use such promotions for their intended use and will not abuse,
duplicate, sell or transfer the promotions in any manner. You also
understand that the promotions cannot be exchanged for cash and may
expire on a certain date, even before you use them.
5.10 In case you no longer have control over your account, e.g. your
phone is stolen, you must immediately inform us so that we can lock or
cancel your account accordingly. Please note that you are responsible
for the use of your account and may be held liable even if it is abused
by another person.
6. PAYMENT
6.1 The download, installing and use of the App are free of charge. You
will be informed when we introduce fees for the download and/or use of
the App at times (if applicable). You have full control over decision of
whether you wish to continue using the App or not.
6.2 We may cooperate with third parties providing payment intermediary
services including but not limited to electronic payment gateway and
banking system in accordance with Vietnamese law to facilitate your
payment as well as the collection of fees.
6.3 You agree, understand and acknowledge that the bank/debit
card/credit card information provided to use the Services on the App is
accurate and valid.
6.4 The use of third-party payment services will depend on their terms
of use. You acknowledge that we will not be responsible or liable for
acts, features or contents of any third party providing payment
services.
7. INTELLECTUAL PROPERTY
7.1 The App is created, developed and possessed by us. We reserve all
rights related to the App, its name and logo (including all of its
updates, amendments or revisions) and related guiding documents (if
any), is protected by intellectual property rights provided under the
laws of the Socialist Republic of Vietnam and/or other jurisdiction
and/or international law. We (and our licensors, if applicable)
exclusively own all rights, title and interest in and to the App,
including all associated intellectual property rights given under the
laws and regulations of Vietnam and any laws and regulations of any
other jurisdictions.
7.2 Neither individual nor organization is permitted to copy, reproduce,
distribute or otherwise violate the owner's intellectual property rights
without our written consent and permission.
8. RIGHTS OF PRIVACY
8.1 We undertake to protect your rights of privacy for the user account
information you provide on the App (including but not limited to
transactional and operational information on the App).
8.2 We request and encourage you to provide us with identification
information as minimum as required in order to handle issues when
participating in transactions on the App. All personal information you
provide us is hidden from all other users of the App and is not
published as part of our public database. Only our administrators or
Service Providers or Project Management can access the information for
the purpose of administering the App or providing you the Services or
provide exclusive utilities for Phu My Hung residents (if you are a
resident of projects within the Phu My Hung urban area).
9. CONFIDENTIALITY
9.1 Your personal data will be stored until there is a request to cancel
or you log in and conduct the cancellation. Otherwise, in any
circumstance, we undertake that your information is always absolutely
secured on our server.
9.2 You can access, modify and update information on the App by logging
in and using administrative features.
9.3 We undertake to absolutely secure information provided by you on the
App according to the article hereof and provisions of the Law.
9.4 The collection and the use of your information will only be
conducted with your consent or other cases stipulated by law.
9.5 We will not be responsible for the authenticity and any liabilities
for user information provided by you on the App.
10. HANDLING OF VIOLATIONS
We reserve the right to immediately lock or suspend your account and
terminate your use of the App if we have reasonable grounds to suspect
that you have breached or violated any provision of these Terms of Use
or the prevailing laws and regulations. Simultaneously, depending on the
nature and extent of the violation, you will be liable to us, competent
authorities and third parties for any damage caused by or arising from
your violation.
11. TERMINATION OF ACCOUNTS
11.1 In case We Terminate Your Account
We reserve the right to immediately lock or suspend your account and
terminate Your use of the Application as a means of dealing with
violations of Article 10 of these Terms of Use.
11.2 In case You want to terminate the Account
You may request termination of your Account by using the online tool:
Step 1: Go to the Account section
Step 2: After reading and understanding the information in the Terms
of Use, you click the button "Request to terminate your account"
Step 3: You need to confirm that you understand and agree to all of
the following:
Consequences of Account Termination:
– If Your Account is terminated, all Your rights in respect of the
Account will also automatically be terminated.
For login, use of Livin Coin, promotions/coupons/vouchers and account
re-creation:
– You will not be able to log in to a Terminated Account.
– You will only be able to recreate a new Account based on the Phone
Number you registered with the terminated Account on Livin PMH within
7 days from the date of Account termination. You must understand that
any claim regarding the re-creation of an Account based on a
terminated Account's phone number within this period shall not be
resolved.
– You will still be responsible before the law for the history of
using the terminated Account after the date of termination of the
Account.
– Any claims, disputes related to Livin Coin or terminated Account and
other issues will not be resolved after the termination of the
Account.
– In case there is still Livin Coin, promotions/coupons/vouchers in
your Account, you must understand that the amount of Livin Coin,
promotions/coupons/purchase coupons will automatically expire. You
must understand that You will not have the right to ask Us to
compensate, pay, transfer to other users or convert to cash or other
assets. For that reason, You are kindly requested to consider the use
of Livin Coin, unused promotions/coupons/vouchers before terminating
the Account. published or exchanged by you with other users will be
handled by Livin PMH in its sole discretion in accordance with Livin
PMH's regulations and the provisions of law.
Step 4: Enter the App password
The time to terminate the Account is 7 days after the confirmation of
the termination of the Account.
12. INDEMNIFICATION
You agree to defend, indemnity and hold harmless to us, our subsidiaries
and affiliates, employees, managers, attorneys and agents from and
against any and all claims, costs, damages, losses, liabilities and
expenses, including but not limited to attorney's fees, arising out of
or resulting from: (a) your use of the Services and/or on the App, or
(b) your violation or breach of any of the Terms of Use or any
applicable law or regulation, whether or not referenced herein or (c)
your violation of any rights of any third party, including third-party
Service Providers arranged via the App, or (d) your use or misuse of the
App. This defence and indemnification obligation will survive even after
these Terms of Use and your use of the App are terminated.
13. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms of Use are governed by and to be construed under the laws of
the Socialist Republic of Vietnam. Any and all disputes arising from or
related to these Terms of Use shall be finally settled by the competent
court of Vietnam.
14. MISCELLANEOUS
14.1 You may not transfer or assign your rights under these Terms of
Use, without our prior written approval.
14.2 If any provision under these Terms of Use is held to be illegal,
invalid or unenforceable in whole or in part, such provision shall not
affect the validity of the rest of these Terms of Use. We shall rectify
the illegal, invalid or unenforceable provision in compliance with the
Laws of Vietnam to the fullest extent possible, and in such manner as
would achieve the intentions related to such provision. If such
provision is unable to be so rectified properly, it shall be deemed to
be removed from these Terms of Use as if it had never been contained
thereof.
14.3 Our waiver or forbearance or failure to claim a breach of any
provision of these Terms of Use or to exercise any right provided by
these Terms of Use or the applicable law, may not be deemed to
constitute a waiver with respect to any subsequent breach of any
provision hereof.
14.4 These Terms of Use are drawn up in Vietnamese and translated into
many languages. In the event of any inconsistency among languages, the
Vietnamese version will prevail.
14.5 These Terms of Use are valid from the date you register and use the
App.
Sincerely thank you for using our Services and the App!