INTRODUCTION

Thank you for visiting our website at www.tamsonvn.com (hereinafter referred to as “Website”) owned and operated by Tam Son International Company Limited (hereinafter referred to as “Company”, “Tam Son” or “We”). The terms and conditions in using the Website (hereinafter referred to as the “Terms of Use” or “Terms and Conditions”) governing your access and the use of the Website, including registered and unregistered customers, are applicable to this Website and all pages linked to this Website.

I. GENERAL TERMS

1. By accessing and using this Website, you acknowledge that you have read, understood, accepted, and agreed to these Website Terms of Use without any limitations or reservations. If you do not agree with the Terms of Use set forth herein, please stop using this Website.

2. We may change these Terms of Use at any time without your notice. The amendments will become effective as soon as we post an updated version of our Terms of Use on the Website. Your continuing access to and use of the Website after the Terms of Use have been updated will be deemed to be your agreement to the revised Terms of Use. In case you do not agree with the changes, please stop accessing and using the Website. Please check the Terms and Conditions regularly when accessing the Website to update the latest regulations of the Company.

3. The Company reserves the right to limit certain features or scopes to your use and access of one part or the entire Website or the Service without prior notice.

II. COMPLIANCE WITH THE WEBSITE TERMS OF USE AND CONDITIONS

1. You may not take any actions under any circumstances that will or can infringe on the Website or the Company or any other Customers or the Customer’s information, including but not limited to the following:

(i) Use any parts of the Website in any form for any commercial purposes or personal gains without the prior written consent of the Company or the Website;

(ii) Use the Site to obtain personal information from the “users” (meaning “members” and “visitors”) under the age of 18 or from anyone if such information is collected in an illegal or non-transparent way; to obtain passwords or personal identity information from the users for commercial or illegal purposes;

(iii) Use any programs, tools, or other means to interfere with the system or change the data structure of the Website;

(iv) Participate in, distribute, spread out, or promote any activities that can interfere, destroy or infiltrate the data system of the Website or the Company; interrupt the activities or operation of the Website in any way.

2. You may not upload, post, email, or send any materials that are designed to interrupt, destroy or limit the functionality of any computer software, hardware, equipment, or telecommunications services linked to the Website, including any software viruses or computer codes, files or programs.

3. You may not store, download, copy, share, distribute, modify, display, publish, license, create copies, sell or use (unless clearly authorized to do so in the Terms of use) contents and information contained in or obtained from the Website.

4. You may not remove, alter, deactivate, reduce or interfere with any content protections within the Website; use any type of robot, spider, scraper, or other automated devices, program, algorithm or method, or any similar manual process to access, collect, copy or monitor any parts or contents of the Website, or in any ways copy or circumvent the structure or presentation or any contents of the Website, to obtain or in an attempt to obtain any documents, records or information from the Website.

5. As a condition to continue using the Website, you undertake to the Company that you will only use the Website for lawful purposes, and will not use the Website for any illegal purposes, prohibited by any applicable regulations or inconsistent with this Terms of Use.

III. PRIVACY

1. The Company attaches great importance to the confidentiality of your information. To protect your rights, any information that you submit to the Company or the Company collects through the Website is subject to the Company’s Privacy Policy. Please refer to the Company’s Privacy Policy for a summary of our practices in collecting and using information that you provide through the Website in connection with your use of the Service.

2. This Terms and Conditions is closely related to the Privacy Policy. By using the Services or providing information on the Website (“Information”), you agree to allow the Company to collect, store and use your Information as set forth in this Privacy Policy. For clarity, the Company is under no obligation to pay any fees or benefits to you or any other persons or entities for the use of your Information. Any of such use shall not be deemed to infringe the intellectual property rights or any other rights of any person or entity or to violate any legal provisions.

IV. LINKS TO OTHER SITES AND THIRD-PARTY APPS

1. If the Site contains links to third-party websites and resources (hereinafter referred to as “Linked Sites”), such links are provided for your convenience and we do not authenticate the contents on the linked sites. We are not responsible for and do not declare the accuracy, performance, or quality of any content, software, services, or applications on the Linked Sites. We are not responsible for the availability, contents, or operation of Linked Sites.

2. You acknowledge and agree that we shall not be responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or relevant to the use or dependent on any content, goods, or services available on or through any External Website. If you decide to access the Linked Sites, you will do so at your own risk. In addition, your use of the Linked Sites is subject to applicable policies, terms and conditions, including but not limited to the Site’s privacy policy.

V. USE OF THE SERVICE

1. At the time of registration to use the Service, you represent and warrant that you are eighteen (18) years of age or older. If you are under 18 years old, you may not use the Website, under any circumstances or for any reason. We may, in our sole discretion, refuse to provide the Services to any person or entity and change our eligibility criteria at any time.

2. To register to use the Service on the Website, you are required to provide certain personal information including but not limited to your full name, address, phone number, email, date of birth, and gender. In all cases, you are solely responsible for the legality, accuracy, and truthfulness of the information you provide to the Company, and the Company has no obligation to verify such information.

3. If you choose or are provided with a user identification code, password, or any other information in our security procedures, you must treat such information as confidential and must not disclose that information to any third party. We reserve the right at any time to disable any user identifier or password, whether selected by you or assigned by us, if we believe that you have failed to comply with any of these terms of use.

4. The Company is continuously testing new features, functions, services, user interfaces, and products that the Company is considering incorporating or offering through the Company Website. The Company reserves the right to include or exclude you from these tests without notice.

VI. COPYRIGHT AND INTELLECTUAL PROPERTY

1. All intellectual property rights, including but not limited to the rights to the information and content published and used on this Website, are owned by the Company and its licensees. The entire content and form of the Website are protected by Vietnamese intellectual property law and international intellectual property law.

2. Except for those clearly written in this Terms of Use, the Company does not grant any rights to you. Other than those terms clearly set forth in this Terms of Use, and unless permitted by law, you may not (and may not attempt to do) the following:

(a) Use, copy, republish, modify, save in a retrieval system, or otherwise use part or all of this Website for public or commercial purposes;

(b) Distribute, translate, modify or tamper with any part of this Website;

(c) Create derivative works of or from any part of this Website;

(d) Sell, lease, license, assign, swap or transfer your rights under this Terms of Use;

(e) Allow or assist others to perform the acts specified in (a) to (d)

3. You may not use any part of the material on our Website for commercial purposes without our consent or our licensors. If you print, copy or download any part of our Website in violation of these Terms of Use, your right to use our Website will terminate immediately and you must return or destroy any copies of the documents that you have made.

VII. LIABILITY LIMITATION 

1. The Company does not warrant that the Website will operate without errors or that the Website, its servers, or contents are free of computer viruses or similar contaminating or destructive features. If your use of the Website or content results in a need to a special service or replacement of equipment or data, the Company will not be responsible for such costs.

2. The material displayed on our Website is provided without any warranties, conditions, or guarantees as to its accuracy. To the extent permitted by law, the Company and third parties associated with the Company hereby expressly exclude:

a) all other conditions, warranties, and terms as may be required by law, common law, or equity;

b) any liability for any direct, indirect, or consequential damages caused by any users in connection with our Website or in connection with the use, inability to use, or as a result of using our Website, or any Linked Sites.

3. It is your responsibility to protect your login information on the Website. We are not responsible in the events that you disclose your login information to a third party, get hacked, or otherwise due to your carelessness or willfulness.

4. By using the Website, you agree that you are responsible for your behaviors in connection with the Website. The Company shall not be liable for claims against you or the Company arising out of your use of the Website and you agree to defend, indemnify and hold the Company harmless from and against all claims, proceedings, damages, injuries, liabilities, losses, or costs (including reasonable attorneys’ fees and litigation costs), relating to or arising out of your use of the Website or from any breach by you of these Terms of Use. The Company reserves the right, at its own expense, to have an exclusive defense and control over any matter subject to indemnification by you and you shall not settle any matter without the prior written consent of the Company. You agree to fully cooperate with reasonable requirements in the defense of any claims by the Company.

5. You agree to be solely responsible for all problems, liabilities, and damages arising from your use of the Website, including but not limited to registering to the Services on the Website, and the use of the Services, unless there is specific evidence showing that such problems, liabilities, or damages arising from our willful fault or negligence. We are not responsible for any problems, liabilities, or damages arising from your or any third party’s failure to comply with the provisions of this Terms and Conditions or relevant law terms or any problems, liabilities, or damages arising from causes beyond our reasonable control.

VIII. GOVERNING LAW AND DISPUTE SETTLEMENT

1. Everything specified in this Terms and Conditions shall be governed by, explained and construed in accordance with the laws of Vietnam. Any dispute arising out of or relating to the Terms of Use shall be resolved by individual litigation in the competent courts of Vietnam, and shall not lead to any arbitration, class action lawsuits or other representative proceedings.

2. Any claim arising out of or relevant to this Terms of Use or our Services must be filed within one year after such claim incurres; otherwise, the claim is permanently barred, which means that you and the Company will not have the right to confirm the claim. You have the right to refuse binding arbitration within 30 days of your acceptance to this Terms of Use by emailing us at [email protected]. To be valid, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of such binding dispute. By opting out of the binding arbitration, you agree to resolve disputes in accordance with these Terms of Use.