Hoi An South Development LTD (“HASD”, “we”, “our”, “us”) provide this website https://hoiana.com/ (“Site”) available to our visitors throughout the world. The content and information displayed on the Site, including videos, photos, media and the like are HASD’s property and are collectively referred to as “HASD Information”. The downloading, reproduction, or retransmission of HASD Information without our prior written consent, other thaneven for personal, non-commercial use, is strictly prohibited, except to the extent: (i) permitted with prior written consent by HASD or (ii) clearly provided in HASD’s Site.
By browsing the Site, you are subject to these terms and conditions (“Terms and Conditions”). By accessing this Site, you accept, without limitation or qualification, the following Terms and Conditions. If you do not accept the Terms and Conditions, then please discontinue your use of the Site.
1. USE OF SITE
The Site are to be used by you for your personal use only. You agree that you will not use the Site for chain letters, junk mail, spamming, solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list. You also agree that you will not use any information provided in
the Site as material(s) for any editorial/personal post or article in any type of media (including but not limited to social media types) without prior written consent of HASD. In addition, you agree not to create a hypertext link from any web site controlled by you or otherwise, to the Site without the express written permission of HASD. You agree not to pretend to be any other person or a representative of any entity, whether actual or fictitious, including an employee or agent of HASD or any third party that provides services related to the Site.
We reserves the right, in our sole discretion, to amend, modify or supplement the Terms and Conditions at any time without notice and, unless otherwise indicated, such changes will become effective immediately upon posting; therefore, please check these Terms and Conditions periodically for changes. Your continued use of the Site shall constitute your binding acceptance of any such amendments, modifications or supplement. The Site is owned and operated by HASD and contains material that is derived in whole or in part from material supplied and owned by HASD. Such material is protected by copyright, trademark, and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from the Site, including but not limited to text, audio, video, code and software, except to the extent permitted with prior written consent by HASD. Furthermore, HASD neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties. HASD’s Site may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights of HASD and/or other parties. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of HASD and/or other parties is granted to or conferred upon you.
2. LIMITATION OF LIABILITY
To the maximum extent permitted by law, we, other members of our group of and affiliated companies and third parties connected to us hereby expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to them and any materials posted on them, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind. HASD makes no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise. The content, materials, and products or services available in or accessible through the Site are provided as is and, to the fullest extent permissible pursuant to applicable law, HASD disclaims all warranties, express or implied.
HASD Information may contain technical inaccuracies and typographical errors. HASD does not assume responsibility or liability for any such inaccuracies, errors, or omissions. HASD reserves the right to make changes, corrections, cancellations and/or improvements to HASD Information, and to the products and programs described in such information, at any time without notice, including after confirmation of a transaction.
HASD and any other providers of products or services related to the Site are not responsible for communication malfunctions, failures, or difficulties, or lost, stolen, or misdirected, transmissions, messages or entries, or the security of any such communications. Further, HASD and any other providers of products or services related to the Site are not responsible for incorrect or inaccurate entry information, whether caused by user(s) or by any of the equipment or programming associated with the Site, or by any technical or human error that may occur in the processing of any information related to the Site.
Your use of, and browsing in, the Site is at your own risk and you assume full responsibility for your use of information provided on the Site. You acknowledge that your use of the Site and any information sent or received in connection therewith, may not be secure and may be intercepted by unauthorized parties. You assume responsibility for the entire cost of all necessary maintenance, repair or correction to your computer system or other property. You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of the Site, and that you will not take any action that imposes an unreasonable or disproportionately large load on the Site or associated infrastructure. In addition, you agree that you will not use any bot, robot, spider, other automated device, or manual process to monitor or copy our Site or the content contained herein, without the prior express consent from HASD in writing.
3. CONFIDENTIALITY
With respect to all communications you transmit or make to us regarding HASD Information including but not limited to feedback, questions, comments, suggestions and the like, you shall have no right of confidentiality in your communications and we shall have no obligation to protect your communications from disclosure. We also shall be free to reproduce, use, disclose and distribute your communications to others without limitation. Further, we shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.
4. USER-GENERATED CONTENT
Anything you transmit or post shall, unless otherwise expressly agreed by HASD, be deemed the property of and may be used by HASD or its affiliates, for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, HASD is free to use and shall be deemed to own, any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to, developing, producing, manufacturing, and marketing products and services using such information. Unless otherwise expressly agreed by HASD, disclosure, posting, submission, or offer of any submissions to the Site shall constitute an assignment to HASD of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in such submission. HASD may edit, copy, publish, distribute, translate, and otherwise use in any medium any submission that you forward to HASD or post on the Site and HASD will, unless otherwise expressly agreed by HASD, exclusively own all such rights, titles, and interest and shall not be limited in any way in its use, commercial or otherwise, of the submission or posting. HASD is and shall be under no obligation to: (1) maintain any of your or any user’s submissions or postings in confidence; (2) to pay to you or any user any compensation for any submissions; or (3) to respond to any of your or any other user’s submissions or postings.
5. GOVERNING LAW
These Terms and Conditions will be governed by and interpreted in accordance with the laws of Vietnam.
