These Terms of Use (“Terms”) govern your use of the websites, mobile applications and services (collectively, the “Services”) provided by Motorist Vietnam Co, Ltd (“Motorist”).
Acceptance of Terms
- Your use of our Services is subject to these Terms. By using the Services, you are deemed to have accepted and agree to be bound by these Terms. We may make changes to these Terms from time to time. We may notify you of such changes by any reasonable means, including by posting the revised version of these Terms on this website. Your use of the Services following changes to these Terms will constitute your acceptance of those changes.
Ability to Accept Terms
- You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
Services Access
- You are responsible for all access to our Services using your internet connection, even if the access is by another person.
- We will use reasonable efforts to ensure that the Services is available at all times. However, we cannot guarantee that the Services or any individual function or feature of the Services will always be available and/or error free. Our Services may be unavailable during periods when we are implementing upgrades or carrying our essential maintenance.
Access to Our Services Outside of Vietnam
- We make no promise that the materials on our Services are appropriate or available for use in locations outside Vietnam. Accessing the Services from territories where its contents are illegal or unlawful is prohibited. If you choose to access our Services from elsewhere, you do so on your own initiative and are responsible for compliance with local laws.
Your Use of the Services
- Your permission to use the Services is personal to you and non-transferable, and you may not use our Services for commercial purposes. Your use of our Services is conditional on your compliance with the rules of conduct set forth in these Terms and you agree that you will not:
- Use the Services for any fraudulent or unlawful purpose;
- Use the Services to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
- Impersonate any person or entity, false state or otherwise misrepresent your affiliation with any person or entity in connection with the Site or express or imply that we endorse any statement you make;
- Interfere with or disrupt the operation of the Services or the servers or networks used to make our Services available or violate any requirements, procedures, policies or regulations of such networks;
- Transmit or otherwise make available in connection with the Services any virus, worm or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Services;
- Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Services;
- Remove any copyright, trade mark or other proprietary rights notice from the Services or materials originating from our Services;
- Frame or mirror any part of our Services without our express prior written consent;
- Create a database by systematically downloading and storing the Services content;
- Use any manual or automatic device in any way to gather the Services content or reproduce or circumvent the navigational structure or presentation of the Services without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator's public online search service.
- We reserve the right to revoke these exceptions either generally or in specific instances.
Third Party Websites
- Our Services may provide links to other websites and online resources. We are not responsible for and do not endorse such external sites or resources. Your use of third-party websites and resources is at your own risk.
- You may create a link to our Services, provided that:
The link is fair and legal and is not presented in a way that is:
(a) Misleading or could suggest any type of association, approval or endorsement by us that does not exist, or
(b) Harmful to our reputation or the reputation of any of our affiliates;
- You retain the legal right and technical ability to immediately remove the link at any time, following a request by us to do so.
- We reserve the right to require you to immediately remove any link to our Services at any time and you shall immediately comply with any request by us to remove any such link.
Intellectual Property
- The intellectual property rights in our Services and all of the text, pictures, videos, graphics, user interfaces, visual interfaces, trademarks, logos, applications, programs, computer code and other content made available on it are owned by us and our licensors. You may not print or otherwise make copies of any such content without our express prior permission
Limitation of Liability
- We provide the Services on an “as is” basis and make no representations as to the quality, completeness or accuracy of any content made available on our Services. To the maximum extent permitted by law, we expressly exclude:
- All conditions, warranties and other terms that might otherwise by implied by law into these Terms; and
- Any and all liability to you, whether arising under these Terms or otherwise in connection with your use of the Services.
- The foregoing is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Notwithstanding the foregoing, nothing in these Terms is intended to exclude or limit any liability that may not by law be excluded or limited, and in particular none of the exclusions and limitations in this clause are intended to limit any rights you may have as a consumer under Vietnam law or statutory rights which may not be excluded, nor in any way to exclude or limit Motorist's liability to you for death or personal injury resulting from our negligence or that of our employees or agents.
Collection of Personal Information
- We may collect and use information about you in accordance with our privacy policy. You can view a copy of this policy by clicking here https://www.motorist.vn/en/privacy.
Duration of Terms
- These Terms are effective until terminated. We may, at any time and for any reason, terminate your access to or use of our Services. If we terminate your access to the Services you will not have the right to bring claims against us or our affiliates with respect to such termination. We and our affiliates shall not be liable for any termination of your access to the Services.
Governing Law
- These Terms of Use will be governed by and construed in accordance with the laws of Vietnam, and the courts of Vietnam will have non-exclusive jurisdiction over any claim or dispute arising under or in connection with these Terms.