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Welcome to the tienphong-vdc terms
and conditions, which apply to your use of the tienphong-vdc Website. By
accessing this Website, you agree to be bound by them.
DEFINITIONS
"Conditions" means these terms and conditions: "Personal
Information" means any personal details provided by you via the Website;
"User(s)" means (a) user(s) of the Website either collectively or individually,
as the context requires; "We/us/our" means tienphong-vdc, "Website" means the
website located at http://tienphong-vdc.vdconline.com or any subsequent URL
which may replace it; and "You/your" means you as a user of the Website.
1 ACCESS
We will provide you with access to the Website in accordance
with these Conditions.
2 YOUR OBLIGATIONS
2.1 You:
2.1.1 agree
not to use the Website (or any part of) for any illegal purpose and agree to use
it in accordance with all relevant laws;
2.1.2 agree not to upload or
transmit through the Website any computer viruses, macro viruses, trojan horses,
worms or anything else designed to interfere with, interrupt or disrupt the
normal operating procedures of a computer;
2.1.3 will not upload or transmit
through the Website any material which is defamatory, offensive, or of an
obscene or menacing character, or that may cause annoyance, inconvenience or
needless anxiety;
2.1.4 will not use the Website in a way that may cause the
Website to be interrupted, damaged, rendered less efficient or such that the
effectiveness or functionality of the Website is in any way impaired;
2.1.5
will not use the Website in any manner which violates or infringes the rights of
any person, firm or company (including, but not limited to, rights of
intellectual property, rights of confidentiality or rights of privacy);
2.1.6
agree that in the event that you have any right, claim or action against any
Users arising out of that User's use of the Website, then you will pursue such
right, claim or action independently of and without recourse to us.
3
INDEMNITY
3.1 You agree to be fully responsible for (and fully indemnify us
against) all claims, liability, damages, losses, costs and expenses, including
legal fees, suffered by us and arising out of any breach of the Conditions by
you or any other liabilities arising out of your use of the Website, or the use
by any other person accessing the Website using your PC or internet access
account.
4 OUR RIGHTS
4.1 We reserve the right to:
4.1.1 modify
or withdraw, temporarily or permanently, the Website (or any part of) with or
without notice to you and you confirm that we shall not be liable to you or any
third party for any modification to or withdrawal of the Website; and/or
4.1.2 change these Conditions from time to time, and your continued use of
the Website (or any part of) following such change shall be deemed to be your
acceptance of such change. It is your responsibility to check regularly to
determine whether the Conditions have been changed. If you do not agree to any
change to the Conditions then you must immediately stop using the Website.
4.2 We will use our reasonable endeavours to maintain the Website. The
Website is subject to change from time to time. You will not be eligible for any
compensation because you cannot use any part of the Website or because of a
failure, suspension or withdrawal of all or part of the Website due to
circumstances beyond our control.
5 THIRD PARTY LINKS
In an attempt
to provide increased value to our Users, we may provide links to other websites
or resources. You acknowledge and agree that we are not responsible for the
availability of such external sites or resources, and do not endorse and are not
responsible or liable, directly or indirectly, for the privacy practices or the
content (including misrepresentative or defamatory content) of such websites,
including (without limitation) any advertising, products or other materials or
services on or available from such websites or resources, nor for any damage,
loss or offence caused or alleged to be caused by, or in connection with, the
use of or reliance on any such content, goods or services available on such
external sites or resources.
6 MONITORING
We have the right, but not
the obligation, to monitor any activity and content associated with the Website.
We may investigate any reported violation of these Conditions or complaints and
take any action that we deem appropriate (which may include, but is not limited
to, issuing warnings, suspending, terminating or attaching conditions to your
access and/or removing any materials from the Website).
7 YOUR
DATA
7.1 We respect your personal information and undertake to comply with
applicable UK Data Protection legislation from time to time in place.
7.2
You should be aware that:
7.2.1 if we are requested by the police or any
regulatory or government authority investigating suspected illegal activities,
or upon receipt of a court order, to provide your Personal Information and/or
information concerning your activities whilst using the Website we shall do so;
and
7.3 We reserve the right in our reasonable discretion to disclose
details of your use of the Website in relation to any, or any threatened, Court
Proceedings in connection with your use, or the use of anyone under your
control, of the Website whether in connection with the matters set out in these
Conditions or otherwise.
7.4 Please view our Privacy Policy, which forms
part of these Conditions.
8 INTELLECTUAL PROPERTY AND RIGHT TO
USE
8.1 You acknowledge and agree that all copyright, trademarks and all
other intellectual property rights in all material or content supplied as part
of the Website shall remain at all times vested in us or our licensors. You are
permitted to use this material only as expressly authorised by us.
8.2 The
Website is Copyright, tienphong-vdc, 2003. All rights reserved.
9.
NOTICES
9.1 You may send us notices under or in connection with these
Conditions:
9.1.1 by post to Line 1, Line 2, State 12345;
9.1.2 by email
to
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9.2 As proof of sending does not guarantee our
receipt of your notice, you must ensure that you have received an
acknowledgement from us, which will be sent within 3 working days of our receipt
and should be retained by you.
10. LIMITATION OF LIABILITY
10.1 WHILE
WE WILL USE REASONABLE ENDEAVOURS TO VERIFY THE ACCURACY OF ANY INFORMATION WE
PLACE ON THE WEBSITE, WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN
RELATION TO ITS ACCURACY.
10.2 The Website is provided on an "as is" and "as
available" basis without any representation or endorsement. Unless specified in
separate terms and conditions related to a particular product or service, we
make no warranties of any kind, whether express or implied, in relation to the
Website, or products or services offered on the Website whether by us or on our
behalf (including free software downloads) including but not limited to, implied
warranties of satisfactory quality, fitness for a particular purpose,
non-infringement, compatibility, security, accuracy, condition or completeness,
or any implied warranty arising from course of dealing or usage or trade.
10.3 Unless specified in separate terms and conditions related to a
particular product or service, we make no warranty that the Website or products
or services offered on the Website whether by us or on our behalf (including
free software downloads) will meet your requirements or will be uninterrupted,
timely, secure or error-free, that defects will be corrected, or that the
Website or the server that makes it available or products or services offered on
the Website whether by us or on our behalf (including free software downloads)
are free of viruses or bugs or are fully functional, accurate, or reliable. We
will not be responsible or liable to you for any loss of content or material as
a result of uploading to or downloading from the Website.
10.4
Notwithstanding any other provision in the Conditions, nothing shall limit your
rights as a consumer under Viet Nam law.
10.5 You acknowledge that we cannot
guarantee and therefore shall not be in any way responsible for the security or
privacy of the Website and any information provided to or taken from the Website
by you.
10.6 We will not be liable in contract, tort or otherwise if you
incur loss or damage connecting to the Website through a third party's
hyper-text link.
10.7 We will not be liable, in contract, tort (including,
without limitation, negligence), pre-contract or other representations (other
than fraudulent misrepresentations) or otherwise out of or in connection with
the Website or products or services offered on the Website whether by us or on
our behalf (including free software downloads) for:
10.7.1 any economic
losses (including without limitation loss of revenues, profits, contracts,
business or anticipated savings); or
10.7.2 any loss of goodwill or
reputation; or
10.7.3 any special or indirect or consequential losses; in
any case whether or not such losses were within the contemplation of either of
us at the date on which the event giving rise to the loss occurred.
10.8
Nothing in the Conditions shall exclude or limit our liability for death or
personal injury resulting from our negligence or that of our servants, agents or
employees.
11 SEVERANCE
If any part of the Conditions shall be deemed
unlawful, void or for any reason unenforceable, then that provision shall be
deemed to be severable from these Conditions and shall not effect the validity
and enforceability of any of the remaining provisions of the Conditions.
12 WAIVER
Nothing shall be construed as a waiver by us of any
preceding or succeeding breach of any provision.
13 SURVIVAL
Each
provision of these Conditions shall be construed as separately applying and
surviving even if for any reason one or other of those provisions is held to be
inapplicable or unenforceable in any circumstances.
14 ENTIRE
AGREEMENT
These Conditions (as amended from time to time) contain the entire
agreement between you and us relating to the subject matter covered and
supersede any previous agreements, arrangements, undertakings or proposals,
written or oral, between you and us in relation to such matters. No oral
explanation or oral information given by either of us shall alter the
interpretation of these Conditions. You confirm that, in agreeing to accept
these Conditions, you have not relied on any representation save insofar as the
same has expressly been made a representation in these Conditions and you agree
that you shall have no remedy in respect of any misrepresentation which has not
become a term of these Conditions save that your agreement contained in this
Clause shall not apply in respect of any fraudulent misrepresentation whether or
not such has become a term of these Conditions.
15 LAW
The Conditions
will be exclusively governed by and construed in accordance with the laws of
Viet Nam whose Courts will have exclusive jurisdiction in any dispute, save that
we have the right, at our sole discretion, to commence and pursue proceedings in
alternative jurisdictions.
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