Whilst we believe you will always do the right thing in the spirit of "VietWheels”, our lawyers, and hence we, require you to accept these terms and condition.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
The content and services offered at the Site and any associated Sites from time to time, and any communications service (including the capability to contribute links and other information), or other interactive service that may be available to you on or through this site, are provided to you under the terms and conditions of these Terms and Conditions which includes any operating rules or policies that may be published by us at the Site from time to time. The Terms and Conditions and all such operating rules or policies comprise the entire agreement between you and us and supersede all prior agreements between you and us regarding the subject matter contained herein.
IMPORTANT: BY COMPLETING THE REGISTRATION PROCESS, OR USING THE SITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN.
2. ELIGIBILITY AND SERVICES VOID WHERE PROHIBITED
You must be eighteen or older to register as a member of the Site. Use of the Site is void where prohibited. By using the Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the Terms and Conditions of this Agreement.
3. GENERAL TERMS AND CONDITIONS
The Site may change the Terms and Conditions from time to time and at any time, and without actual notice to you. All such changes to these Terms and Conditions will appear on the Site. By using this Site after we post any changes, you agree to those changes. If at any time you choose not to accept these Terms and Conditions, please do not use this Site.
We are the sole owner of the information collected on this Site. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. We collect information from the Sites visitors at several different points. In order to use our Site, it is necessary for you to disclose personal information, including your name, email address and other any other information reasonably requested in order for us to provide you customer service
5. DESCRIPTION OF SERVICE
VietWheels publishes or makes available on the VietWheels car listings, advertisements, product and service offers, vehicle data, valuations, Software and links and other content supplied by VietWheels and third parties (Material). VietWheels does not warrant, represent, authorise or endorse the reliability, accuracy or completeness of any such Material published on the VietWheels website or app or on any web site that links from the VietWheels website (including third party display advertisements).
VietWheels does not provide any warranty in relation to any goods or services advertised for sale on the VietWheels website by third parties including, but not limited to, any representation or warranty that the goods or services are of merchantable quality, fit for the purpose intended, safe for the purpose intended, as described by the seller or owned by the seller.
You are solely responsible for any data, text, software, music sound, images, photographs, graphics, video, messages, files or other materials ("Content") which is transmitted, posted, or distributed by you through the Service, including but not limited to the contents of your e-mail communications, information, photos or images posted by you or posted to your Profile Page and information, photos, images, sound files or other Content posted by you in any page. By posting Content you warrant and represent that you own all right, title and interest to that Content and any likenesses contained in that Content. The Site does not own or control the Content posted by Users via the Service and, does not guarantee the accuracy, integrity or quality of such Content. You may be exposed to Content posted by other Users that may be offensive, indecent or objectionable. Under no circumstances will The Site be liable in any way for any Content posted by any User or third party, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the Service.
Use of the VietWheels website is for your personal and non-commercial use only. Except for the Material held in your computers cache or a single permanent copy of the Material for your personal use you must not without the prior written approval of VietWheels:
i. modify, copy, distribute, transmit, display, perform, reproduce, publish or license any Material;
ii. use or attempt to use any Material published on the VietWheels website to create any web site or publication or searchable database;
iii. mirror or frame any web site or page within the VietWheels website;
iv. use any automated process of any sort to query, access, retrieve, scrape, data-mine or copy any Material on the VietWheels website or generate or compile any document, index or database based on the Material published on the VietWheels website;
v. transfer or sell any information, functionality or products or services offered on the VietWheels website; or
vi. undertake any other action which is in violation of these terms and conditions (or other terms and conditions and policies referred to in these terms and conditions) or any applicable law.
If VietWheels considers, in its absolute discretion, that you or any party related to you (including any agent, representative, contractor or associate) has acted contrary to these Terms and Conditions or in a manner contrary to VietWheels’ interests, then VietWheels may immediately terminate your right to access and use the VietWheels website at any time and reserves its rights to take any action it deems necessary or desirable to prevent such repeated action and / or further access to the VietWheels website.
7. USER'S GRANT OF LIMITED LICENSE
You grant The Site a limited license for the royalty-free, unrestricted, world-wide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute, perform and display Your Content (in whole or part), worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license enables us to feature or use your content in promotional or marketing materials. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of Your Content. You also warrant that any "moral rights" in posted materials have been waived. You acknowledge and agree that the display or use of Your Content shall be in the sole discretion of The Site and Your Content may or may not be included on The Site for any reason or no reason at all.
Goods and Services Provided By Third Parties
If goods and services are offered on or through the VietWheels Website by third parties (sellers and advertisers):
i. vehicle prices exclude government and statutory charges (unless otherwise stated);
ii. You are responsible for making all relevant searches, enquiries and investigations in relation to any listed vehicle including, any written off vehicle register or register of security interests (including the Personal Property Securities Register or otherwise);
iii. VietWheels does not act as any persons agent or broker; arrange any contract between you and any person or; provide any warranty in relation to any persons goods or services;
iv. VietWheels will not be responsible for the terms of any transaction between you and any person; any goods or services purchased by you from any person or; resolving any dispute between you and any person.
(b) VietWheels may augment information supplied by sellers. This information is supplied by third parties and in the case of motor vehicles is based on model and year. Whilst VietWheels requests sellers check this information, it may be possible for information to be inaccurate. VietWheels strongly recommends that you check with the seller that all information in relation to their goods and service is accurate.
8. USER CONDUCT AND CONTENT
The Site and the Services are provided to you solely for information, entertainment and organizational purposes. You acknowledge and agree:
a. to provide true, accurate, current and complete information about yourself as prompted by the subscription form, contribution form and/or any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, The Site reserves the right to reject any of your Contributions and to terminate your right to use the Site and refuse any and all current or future use of the Services. There is no obligation on us to test the accuracy of your content
b. without limitation of the foregoing, not to use the Site or Services to submit any Contribution regarding any individual, organisations, products or multimedia files, or make comments about them, that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another's privacy, or hateful; or that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability or any other thing proscribed by law in any of your own jurisdiction.
c. not to harvest, collect or store information about Users or the content posted by others on this Site or use such information for any purpose inconsistent with the purpose of this Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications. Illegal and/or unauthorized use of The Site, including aggregating usernames and other contact information for the purpose of sending unsolicited communications is prohibited. Unauthorized framing of the Site is also prohibited. Inappropriate use may result in your being removed from user listings without notice and may result in termination of your privileges for participation in The Site. Appropriate legal action may also be taken for any unauthorized use of The Site.
d. that The Site is not responsible for material submitted to The Site or posted to the Site by Users. The Site does not pre-screen, monitor, review or edit the Content posted by Users. However, The Site and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Content, in whole or part, that in our judgment does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. The Site is not responsible for any failure, non-failure or delay in removing such Contribution. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Content or part thereof, or other communication to The Site. You agree to immediately notify The Site of any unauthorized use of the Service or any other breach of security that you know or suspect.
e. you acknowledge that having submitted material to the Site we may use any means we require to monitor your content including the feedback of other users and you acknowledge that at our sole discretion we may automatically or manually remove any content at any time we deem to have breached the agreed USER CONDUCT AND CONTENT and may that we may in addition revoke or suspend your access to the Site if we deem the offence sufficient.
You are Responsible for the use of the VietWheels Website
Whilst VietWheels takes care to ensure that the Material on the VietWheels Website is correct, current and free from errors, VietWheels does not warrant the accuracy or completeness of or the representations made in the Material on the VietWheels Website or any web site that links from the VietWheels Website or any information received as a result of using the VietWheels Website. You are responsible for assessing the accuracy of the Material and rely on it at your own risk.
The services and Material made available on the VietWheels Website are provided as general information only. The services and Material are not professional, expert or other advice and are not a substitute for such advice; may not be appropriate, correct or sufficient for your circumstances; should not be relied on as the only reason you do or don't do anything; and may not be continually accessible or free from errors or viruses.
You agree to indemnify VietWheels against any liability, loss, claim or demand if VietWheels (or any of its officers, representatives, employees or agents) suffers any loss or damage or incurs any cost in connection with a breach by you (or any of its officers, representatives, employees or agents) of these terms and conditions.
You must keep your username and password to access the VietWheels Website secure and confidential and not provide those details to any third party under any circumstance. You represent and warrant to VietWheels that you accept all liability for any unauthorised use of any username and password issued to you.
If VietWheels offers goods or services to you, including advertising any item for sale on the VietWheels Website, the services are subject to additional terms and conditions. To the extent of any inconsistency between these terms and conditions and the additional terms and conditions, the additional terms will prevail to the extent of the inconsistency.
9. MODIFICATIONS TO SERVICE
The Site reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that The Site shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
10. FEES AND PAYMENT
a. This paragraph 10 only applies if you use part of the Service that you agree to pay The Site for (including, without limitation, placing an advertisement).
b. The Site will invoice you upon your use of the relevant part of the Service.
c. You must pay the amount invoiced within 14 days of the date of the invoice using one of the payment methods specified on the invoice.
d. If you fail to make payment by the due date, The Site may:
Charge you interest on amounts outstanding at its primary bank’s standard overdraft rate or similar credit interest rate; and
Remove any advertisement placed by you on The Site and disable your profile on The Site
11. INTELLECTUAL PROPERTY RIGHTS
Material on the VietWheels Website is © VietWheels.com Limited and is protected by international copyright and intellectual property laws. All rights not expressly granted under these terms and conditions are reserved by VietWheels. Unless otherwise indicated on the VietWheels Website, the material on the VietWheels Website is owned by or licensed to VietWheels and is subject to copyright (the "Copyright Material").
You acknowledge and agree that all information including but not limited to data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, including Content contained in sponsor advertisements or information presented to you through the Service or by advertisers may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Thus, all Content is either the copyrighted property of The Site, or the copyrighted content of its Users that created and submitted the content, and its affiliates or licensors. As between The Site and you, The Site is the sole owner of all The Site-generated content on the Site, including without limitation, all applicable copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. Participants in The Site retain all rights, titles, and interests in and to the content provided by the Participant hereunder (including, without limitation, the copyrights in and to the Participant's Content), subject to the non-exclusive rights in the licenses granted to The Site under this agreement. The Participant is free to grant similar rights to others during and after the Term of this Agreement.
All individual articles, content and other elements comprising this Service are also copyrighted works. In addition to abiding by any rights each author may have retained in connection with each such article, you must also abide by all additional copyright notices or restrictions contained in this Service.
Unless expressly permitted by The Site or advertisers, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, rent, lease, sell, or in any way exploit any part of this Service.
Neither you nor any third party shall make use of the contents of the Service in any manner that constitutes an infringement of our rights, including copyright or trademark that has not been expressly authorized by us.
2. INDEMNITY You agree to defend, indemnify and hold The Site, its affiliates, officers, directors, employees, representatives, successors and assigns, harmless from any and all claims, liabilities, costs and expenses, including reasonable legal fees, arising in any way from your use or misuse of the Site or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by you or Users authorized by you or any violation of these Terms and Conditions by you (including, but not limited to, any claim that your Content infringes the rights of any third party).
3. LINKED SITES You may be able to link to third parties' Sites ("Linked Sites") from the Site. Linked Sites are not, however, reviewed, controlled, or examined by The Site in any way and The Site is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply The Site's endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall The Site be liable, directly or indirectly, to anyone for any loss or damage caused by or in connection with use of the Linked Sites or the information or material accessed-through these Linked Sites. You should direct any concerns to that site's administrator or webmaster. The Site reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or to introduce different features or links to different Users. a. SPECIAL NOTICE: LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT MAY BE OFFENSIVE, INCLUDING BUT NOT LIMITED TO SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES. b. Permission must be granted by us for any type of link to The Site. To seek our permission, you may write to The Site at email@example.com We reserve the right, however, to deny permission to link to The Site or rescind any permission previously granted by us to link through any type of link, and to require termination of any such link to the Site, at our discretion at any time.
4. DEALINGS WITH ADVERTISERS & SPONSORS Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that The Site shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
5. PARENTAL PERMISSION This Site is not intended for use by children under eighteen (18) years of age, and The Site does not knowingly collect personal information from children under eighteen years of age. Some of the available information may concern certain topics that may not be appropriate for children. The Site may, at its discretion, require Users under 18 to obtain the consent of a parent or guardian to view certain content. You agree to abide by any such restrictions, and not to help anyone circumvent these restrictions.
6. DISCLAIMER OF WARRANTIES a. THE WEB SITE, APPS AND SERVICES ARE PROVIDED "AS IS," "WHERE IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, THE SITE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEB SITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SECURITY, OR FITNESS FOR A PARTICULAR PURPOSE. b. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEB SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. c. THE SITE DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. d. THE SITE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE. YOU (RATHER THAN THE SITE OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. e. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
7. LIMITATION OF LIABILITY a. IN NO EVENT WILL THE SITE, ITS SPONSORS, ADVERTISERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE, EVEN IF THE SITE OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVE AND DISCHARGE ALL CLAIMS, RELEASE THE SITE FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS THE SITE, ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANY, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, FROM ANY AND ALL LIABILITY ON ACCOUNT OF, OR IN ANY WAY RESULTING FROM INJURIES AND DAMAGES IN ANY WAY CONNECTED WITH ANY EVENTS OR ACTIVITIES. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS, AND INCLUDES ANY MINORS ACCOMPANYING THE USER AT THE EVENTS. b. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE SITE'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
8. APPLICABLE LAWS / JURISDICTION a. You agree to comply with all local rules and laws regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data. b. Notwithstanding local rules or laws regarding your use of the Site, you agree that the laws of Vietnam shall govern these Terms and Conditions. You expressly agree that exclusive jurisdiction for any claim or dispute with The Site or relating in any way to your use of the Site shall be in the courts located in Vietnam, and you further agree and expressly consent to the exercise of jurisdiction in such courts in connection with any such dispute, including any claim involving The Site or its affiliates, officers, directors, employees, representatives, successors, assigns, or content providers.
9. MISCELLANEOUS Any inquiries concerning these terms and conditions of use should be directed to us at firstname.lastname@example.org. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Nothing in these Terms and Conditions shall be deemed to create any rights for any third party beneficiary. The section titles in these Terms and Conditions are for convenience only, and have no legal or contractual effect. You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms and Conditions. The Site may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under these Terms and Conditions to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent. If you have any questions about this policy or our site in general, please contact us at email@example.com.
10. DISPUTES Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the Vietnam Courts.