AroundUs
AroundUs
I. ACCEPTANCE OF TERMS OF USE AND OTHER POLICIES
All references to "you" or "your", as applicable, means the person that accesses, uses, and/or participates in the Around Us Platform (as defined below) in any manner ("Users"). If you use the Around Us Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity. Your acceptance of the Terms of Use will be deemed an acceptance by the entity you represent and "you" and "your" herein shall refer to such entity.
Terms of Use. These terms of use (the"Terms of Use") govern your use of our website https://aroundusapp.com (the"Website") and our Around Us application for mobile and handheld devices (the"App") and any assignees and permitted licenses thereof. The Website and the App are jointly referred to as the"Around Us Platform". The Around Us Platform is currently owned and operated by KHPT company limited. ("KHPT company limited"), a company incorporated under the Companies Act, 2013 and having its registered office in K.H.P.T Company Limited,405/19 Nguyễn Oanh,Phường 17,Quận Gò Vấp,Ho Chi Minh City,Vietnam. "We", "us", and "our" herein shall refer to KHPT company limited and our associates/partners/successors/permitted assigns. Please read these Terms of Use thoroughly and carefully before you use the Around Us Platform as they contain provisions that define your limits, legal rights and obligations with respect to your participation in the Around Us Platform and your use of the services offered by the Around Us Platform (such services, collectively called the"Services"). These Terms of Use and Privacy Policy (as defined below) constitute a legally binding agreement between KHPT company limited and you. By installing, downloading or even merely using the Around Us Platform, and by clicking on "I have read and agree to the terms of use" you shall be contracting with KHPT company limited and you signify your acceptance to the Terms of Use and other KHPT company limited policies (including but not limited to the Privacy Policy) as posted on the Around Us Platform from time to time, which takes effect on the date on which you download, install or use the Services, and create a legally binding arrangement to abide by the same. If you do not agree to the foregoing, you should not click to affirm your acceptance thereto, in which case you are prohibited from accessing or using the Around Us Platform. If you do not agree to any of the provisions set forth in the Terms of Use, kindly discontinue accessing or participating in the Services offered by the Around Us Platform immediately. By using the Around Us Platform, you agree that the terms, conditions and disclaimers set out in these Terms of Use are reasonable.
Privacy Policy. KHPT company limited has established a privacy policy that explains to Users how their information ("User Content") is collected and stored ("Privacy Policy"). The Privacy Policy is referenced above and hereby incorporated into the Terms of Use set forth. You use of the Around Us Platform is governed by the Privacy Policy, which is located at https://aroundusapp.com/privacy.
Amendments to Terms of Use. These Terms of Use and any other document incorporated by reference are subject to modifications at any time. KHPT company limited reserves the right to modify or change these Terms of Use and other KHPT company limited policies at any time by posting changes on the domain of https://aroundusapp.com/terms, and you shall be liable to update yourself of such changes, if any, by accessing the changes on the domain. You shall, at all times, be responsible for regularly reviewing the Terms of Use and the other KHPT company limited policies and note the changes made on the Around Us Platform. If KHPT company limited proposes any changes to the Terms of Use, you will be informed of the same by way of a 'pop up' which will appear on your screen. You are expected to review the revised term(s) and provide your consent. If you fail to do so, your existing registration will also stand terminated.
II. USE OF PLATFORM AND SERVICES
Membership eligibility criteria.
You need not register with KHPT company limited to simply visit and view the Around Us Platform, but to access and participate in certain features of the Around Us Platform, you will need to create a password-protected account ("Account"). To create an Account, you must submit your name, mobile number and/or email address through the account registration page/screen on the Around Us Platform and create a password. You will also have the ability to provide additional optional information, which is not required to register for an account but maybe helpful to KHPT company limited in providing you with a more customized experience when using the Around Us Platform. You may also register for an Account using your existing Facebook, Google, Apple or any such other account and log-in credentials (your"Third-Party Site Account"). An Account holder is sometimes referred to on the Around Us Platform as"Registered User".
Use of the Around Us Platform is available only to individuals who are capable of forming legally binding contracts under applicable law. You represent, acknowledge and agree that you are at least 15 years of age, and that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Around Us Platform and Services offered by the Around Us Platform do not violate any applicable law or regulation. Your Account may be terminated without warning if we at our discretion, believe that you are under the age of 15 or that you are not complying with any applicable laws, rules or regulations. Further, if you are not of the authorised age and you access the Around Us Platform, please be aware that it shall be assumed that your usage was authorised by such person, who is your parent or guardian and that such person has supervised your usage.
We reserve the right to suspend or terminate your Account and your access to the Services (i) if any User Content provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; (ii) if it is believed that your actions may cause legal liability for you, other Users or us; and/or (iii) if you are found to be non- compliant with these Terms of Use.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account. You shall notify KHPT company limited immediately in case of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another's Account without prior consent from KHPT company limited. You agree that you will not misrepresent yourself or represent yourself as another User of the Around Us Platform. You hereby expressly acknowledge and agree that you will be liable for any losses, damages (whether direct or indirect) caused to you, KHPT company limited or any others as a result of unauthorized use of your Account.
Use of the Platform. You agree, undertake and confirm that your use of the Around Us Platform shall be strictly governed by the following binding principles:
You shall not host, display, upload, download, modify, publish, transmit, update or share any information which:
belongs to another person and which you do not have any right to; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to any content which is in violation of the provisions of the Vietnam Penal Code for Crime;
is misleading or misrepresentative in any way;
is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
promotes an illegal or unauthorized copy of another person's copyrighted work (see "copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
contains video, photographs, or images of another person (with a minor or an adult);
tries to gain unauthorized access or exceeds the scope of authorized access to the Around Us Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Around Us Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of products related to the Around Us Platform. Throughout these Terms of Use, KHPT company limited's prior written consent means a communication coming from KHPT company limited's legal department/authorised representative, specifically in response to your request, and expressly addressing and allowing the activity or conduct for which you seek authorization;
solicits gambling or engages in any gambling activity which is or could be construed as being illegal;
interferes with another User's use and enjoyment of the Around Us Platform or any third party User and enjoyment of similar services;
refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Around Us Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
harm minors in any way;
infringes any patent, trademark, copyright or other intellectual property rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent;
violates any law for the time being in force;
deceives or misleads the addressee/Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
threatens the unity, integrity, defence, security or sovereignty of Vietnam, friendly relations with foreign states, or public order or causes incitement to the commission of any criminal offence or prevents investigation of any offence or is insulting any other nation;
is false, inaccurate or misleading;
directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; or
creates liability for us or causes us to lose (in whole or in part) the services of our internet service provider or other suppliers.
You shall not conduct any systematic or automated data collection activities (including scraping, data mining, data extraction, data harvesting, 'framing' (iframes), article 'spinning') on or in relation to the Around Us Platform without express written consent from KHPT company limited.
You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Around Us Platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Around Us Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Around Us Platform. We reserve our right to prohibit any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the Around Us Platform, or any other systems or networks connected to the Around Us Platform or to any server, computer, network, or to any of the services offered on or through the Around Us Platform, by hacking, "password mining" or any other illegitimate means.
You shall not probe, scan or test the vulnerability of the Around Us Platform or any network connected to the Around Us Platform nor breach the security or authentication measures on the Around Us Platform or any network connected to the Around Us Platform. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to the Around Us Platform, or any other Buyer, including any account on the Around Us Platform not owned by you, to its source, or exploit the Around Us Platform or any service or information made available or offered by or through the Around Us Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Around Us Platform.
You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the name 'KHPT company limited', or otherwise engage in any conduct or action that might tarnish the image or reputation, of KHPT company limited on the Around Us Platform or otherwise tarnish or dilute any of KHPT company limited's trade or service marks, trade name and/or goodwill associated with such trade or service marks, as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Around Us Platform or KHPT company limited's systems or networks, or any systems or networks connected to KHPT company limited.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Around Us Platform or any transaction being conducted on the Around Us Platform, or with any other person's use of the Around Us Platform.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Around Us Platform or any service offered on or through the Around Us Platform. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Around Us Platform or any content on the Palyo Platform for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of KHPT company limited and/or others.
You shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) the Information Technology Act,Vietnam and the rules thereunder; (b) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (c) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to goods and service taxes, income tax, and local levies) regarding your use of our Service and your listing, purchase, solicitation of offers to avail our Services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
In order to allow us to use the User Content supplied by you, without violating your rights or any laws, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your Information, in any media now known or not currently known, with respect to your Information. We will only use your information in accordance with these Terms of Use and the Privacy Policy applicable to use of the Around Us Platform.
We will monitor the your messages and interaction on the Around Us Platform and you indulged in in any form of advertising or solicitation, we reserve the right to restrict the number of messages or emails which a User may send to other Users in any 24-hour period which we deem appropriate in its sole discretion. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Around Us Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
We reserve the right, but have no obligation, to monitor the materials posted on the Around Us Platform. KHPT company limited shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, you remain solely responsible for the content of the materials you post on the Around Us Platform and in your private messages. Please be advised that such content posted does not necessarily reflect KHPT company limited's views. In no event shall KHPT company limited assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on the Around Us Platform. You hereby represent and warrant that you have all necessary rights in and to all content which you provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Around Us Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We 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 Around Us Platform. Please note that KHPT company limited does not warrant the quality or performance of any products of services which are hosted on the Around Us Platform. Users are encouraged to exercise their personal discretion while choosing any product or service available on the Around Us Platform.
It is possible that other Users (including unauthorized Users or 'hackers') may post or transmit offensive or obscene materials on the Around Us Platform and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Around Us Platform, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Around Us Platform You acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Around Us Platform. Please carefully select the type of information that you publicly disclose or share with others on the Around Us Platform.
III. TERMS OF SERVICE
You acknowledge and agree that KHPT company limited facilitates the hosting of products, services, events and arenas which are offered by third party providers ("Service Provider") and KHPT company limited does not:
Make any warranties, whether express or implied of the quality of the products, services, events or arenas which are offered by the Service Providers;
Endorse, or confirm that a certain product, products, services, events or arenas which are provided or offered by the Service Provider, confirm to a certain quality or has been rated in a certain format;
Assume any liability if the products, services, events or arenas provided by the Service Provider do not meet the expectation of the User of if the User suffers any loss or damage, including any bodily injury as a consequence of using such products, services, events or arenas;
Assume any liability in the event of any change, alternation, amendment or replacement to the products, services, events or arenas offered by the Service Provider.
You might be required to provide your credit or debit card details to the approved payment gateways while making the payment. In this regard, you agree to provide correct and accurate credit/ debit card details to the approved payment gateways for availing the Services. You shall not use the credit/ debit card which is not lawfully owned by you, i.e. in any transaction, you must use your own credit/ debit card. The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of your credit/ debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card.
The Around Us Platform is not equipped or authorised to conclude any financial transaction. All payments shall be made through the payment gateway. KHPT company limited will conduit the payments received through the payment gateway, or such other authorised payment system, to the Service Provider. The receipt for such payment shall be directly issued to you by the Service Provider. Please ensure that you claim an invoice from the Service Provider.
We do not endorse any Service Provider. In addition, although these Terms of Use require you to provide accurate information, we do not attempt to confirm, and do not confirm if it is purported identity.
You agree not to attempt to impose liability on, or seek any legal remedy from us with respect to any actions or omissions of the Service Provider.
IV. GENERAL TERMS OF USE
Payments made through the Around Us Platform will not be refunded for any reason including for not purchasing, or availing any products, services, events or arenas.
Information provided by the Around Us Platform shall be updated on a regular basis subject to the same being provided to us by the Service Provider. If the Service Provider amends, alters or withdraws any product, service, venue or arena and the same is not updated on the Around Us Platform at the time of the User availing such products, services, events or arenas, then Service Provider shall ensure the replacement of the products, services, events or arenas with an equivalent offering or to refund the money receive from the User
If you choose to use the Around Us Platform, it shall be your responsibility to treat your User identification code, password and any other piece of information that we may provide, as part of our security procedures, as confidential and not disclose the same to any person or entity other than us. We shall at times and at our sole discretion reserve the right to disable any User identification code or password if you have failed to comply with any of the provisions of these Terms of Use.
The Around Us Platform can be used to procure or avail products, services, events or arenas within select cities in Vietnam. The Around Us Platform will provide and facilitate access only to those Service Providers who are registered on the Around Us Platform. As we are providing Services in the select cities in Vietnam, we have complied with applicable laws of Vietnam in making the Around Us Platform and its content available to you. In the event the Around Us Platform is accessed from outside Vietnam or outside our operating zones, it shall be entirely at your risk. We make no representation that the Around Us Platform and its contents are available or otherwise suitable for use outside select cities. If you choose to access or use the Around Us Platform from or in locations outside select cities, you do so on your own and shall be responsible for the consequences and ensuring compliance of applicable laws, regulations, byelaws, licenses, registrations, permits, authorisations, rules and guidelines.
You shall at all times be responsible for the use of the Services through your computer or mobile device and for bringing these Terms of Use and KHPT company limited policies to the attention of all such persons accessing the Around Us Platform on your computer or mobile device.
You understand and agree that the use of the Services does not include the provision of a computer or mobile device or other necessary equipment to access it. You also understand and acknowledge that the use of the Around Us Platform requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Around Us Platform and avail the Services, and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.
You agree and grant permission to KHPT company limited to receive promotional/transactional SMS and e-mails from KHPT company limited or allied partners.
By using the Around Us Platform you represent and warrant that:
All registration information you submit is truthful, lawful and accurate and that you agree to maintain the accuracy of such information.
Your use of the Around Us Platform shall be solely for your personal use and you shall not authorize others to use your account, including your profile or email address and that you are solely responsible for all content published or displayed through your account, including any email messages, and your interactions with other Users and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data.
All necessary licenses, consents, permissions and rights are owned by you and there is no need for any payment or permission or authorization required from any other party or entity to use, distribute or otherwise exploit in all manners permitted by these Terms of Use and Privacy Policy, all trademarks, copyrights, patents, trade secrets, privacy and publicity rights and / or other proprietary rights contained in any content that you submit, post, upload, distribute or otherwise transmit or make available.
You agree to release and fully indemnify KHPT company limited and/or any of its directors, shareholders officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Around Us Platform and specifically waive any claims that you may have in this behalf under any applicable laws of Vietnam. Without prejudice to this, you agree that the limitations and disclaimers set out in these Terms of Use will also protect the officers, employees, agents, subsidiaries, successors, assigns and sub-contractors of KHPT company limited.
Notwithstanding its reasonable efforts in that behalf, KHPT company limited cannot take responsibility or control the information provided by other Users which is made available on the Around Us Platform. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Around Us Platform.
Image Upload Policy: Guidelines and Enforcement
• Image Content: Users and merchants are solely responsible for the images they upload, ensuring compliance with community standards and legal regulations.
• Prohibited Content: Explicit, violent, or offensive images are strictly prohibited. The app reserves the right to remove any content that violates these guidelines.
• Rights and Permissions: By uploading images, users and merchants grant the app non-exclusive rights to use, modify, and display the content for app-related purposes.
• User Safety: Any content that poses a risk to user safety or compromises privacy will be promptly removed.
• Verification: Merchants may be required to submit valid and verifiable images for profile authentication.
• Reporting: Users are encouraged to report any inappropriate content, and the app will investigate and take necessary action promptly.
• Data Protection: The app commits to safeguarding user and merchant image data, adhering to relevant data protection laws and ensuring secure storage and transmission.
• Enforcement and Consequences: Non-compliance with the image upload policy may result in immediate and permanent account deactivation or banning at the sole discretion of the company. The company reserves the right to take appropriate action to maintain a safe and respectful community environment.
V. ACCESS TO THE PLATFORM, ACCURACY AND SECURITY
We endeavour to make the Around Us Platform available 24/7. However, we do not represent that access to the Around Us Platform will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.
We do not warrant that the Around Us Platform will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Around Us Platform or your obtaining any material from, or as a result of using the Around Us Platform. We shall also not be liable for the actions of third parties.
We do not represent or warranty that the information available on the Around Us Platform will be correct, accurate or otherwise reliable.
We reserve the right to suspend or withdraw access to the Around Us Platform to you personally, or to all Users temporarily or permanently at any time without notice.
VI. RELATIONSHIP WITH OPERATORS IF THE PLATFORM IS ACCESSED ON MOBILE DEVICES
In the event the Around Us Platform is accessed on a mobile device, it is not associated, affiliated, sponsored, endorsed or in any way linked to any operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an"Operator").
Your download, installation, access to or use of the Around Us Platform is also bound by the terms and conditions of the Operator.
You and we acknowledge that these Terms of Use are concluded between you and us only, and not with an Operator, and we, not those Operators, are solely responsible for the Around Us Platform and the content thereof to the extent specified in these Terms of Use.
The license granted to you for the Around Us Platform is limited to a non-transferable license to use the Around Us Platform on a mobile device that you own or control and as permitted by these Terms of Use.
We are solely responsible for providing any maintenance and support services with respect to the Around Us Platform as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the Around Us Platform.
You and we acknowledge that we, not the relevant Operator, are responsible for addressing any claims of you or any third party relating to the Palyo Platform or your possession and/or use of the Palyo Platform, including, but not limited to: (i) any claim that the Around Us Platform fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.
You and we acknowledge that, in the event of any third party claim that the Around Us Platform or your use of the Around Us Platform infringes that third party's intellectual property rights, we, not the relevant Operator, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
You and we acknowledge and agree that the relevant Operator, and that Operator's subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, that Operator will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.
VII. DISCLAIMERS
The Around Us Platform may be under constant upgrades, and some functions and features may not be fully operational.
Due to the vagaries that can occur in the electronic distribution of information and due to the limitations inherent in providing information obtained from multiple sources, there may be delays, omissions, or inaccuracies in the content provided on the Around Us Platform or delay or errors in functionality of the Around Us Platform. As a result, we do not represent that the information posted is correct in every case.
We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of credit/ debit cards.
You acknowledge that third party services are available on the Around Us Platform. We may have formed partnerships or alliances with some of these third parties from time to time in order to facilitate the provision of certain services to you. however, you acknowledge and agree that at no time are we making any representation or warranty regarding any third party's services nor will we be liable to you or any third party for any consequences or claims arising from or in connection with such third party including, and not limited to, any liability or responsibility for, death, injury or impairment experienced by you or any third party. You hereby disclaim and waive any rights and claims you may have against us with respect to third parties services.
Apart from a cursory background verification, KHPT company limited does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Around Us Platform and use your best judgment in that behalf.
While the materials provided on the Around Us Platform were prepared to provide accurate information regarding the subject discussed, the information contained in these materials is being made available with the understanding that we make no guarantees, representations or warranties whatsoever, whether expressed or implied, with respect to professional qualifications, expertise, quality of work or other information herein. Further, we do not, in any way, endorse any service offered or described herein. In no event shall we be liable to you or any third party for any decision made or action taken in reliance on such information.
The information provided hereunder is provided "as is". We and / or our employees make no warranty or representation regarding the timeliness, content, sequence, accuracy, effectiveness or completeness of any information or data furnished hereunder or that the information or data provided hereunder may be relied upon. multiple responses may usually be made available from different sources and it is left to the judgement of users based on their specific circumstances to use, adapt, modify or alter suggestions or use them in conjunction with any other sources they may have, thereby absolving us as well as our consultants, business associates, affiliates, business partners and employees from any kind of professional liability.
We shall not be liable to you or anyone else for any losses or injury arising out of or relating to the information or Services provided on the Around Us Platform. In this regard, you acknowledge that the Services offered by the Around Us Platform concern activities that carry an inherent risk. However, we merely provide a booking platform to facilitate such activities and in no event will we or our employees, affiliates, authors or agents be liable to you or any third party for any decision made or action taken by your reliance on the Services contained herein.
In no event will we be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), resulting from any services provided by any third party through the Around Us Platform, whether based on warranty, contract, tort, or any other legal theory and whether or not we are advised of the possibility of such damages. However, we will attempt to refund any amount paid by the User, at our sole discretion, and our liability in this regard, if any will be limited to just the amount paid by the User with respect to the said booking on the Around Us Platform.
Nothing in these disclaimers limits the liability of KHPT company limited in respect of:
Death or personal injury caused by the negligence of or its agents or employees;
Fraud or fraudulent misrepresentation by its agents or employees;
Any matter which it would be illegal or unlawful for it to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Nothing in these Terms of Use constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter, you should consult an appropriate professional.
VIII. BREACH OF TERMS
You hereby acknowledge and agree that KHPT company limited, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate your Account, block your email or IP address, cancel the terminate your access to or participation in the use of the Around Us Platform (or any part thereof), or remove and discard any content on the Around Us Platform ("Termination"), immediately and without notice, for any reason, including without limitation, if KHPT company limited believes or has reason to believe that you have violated any provision of the Terms of Use.
You hereby indemnify and undertake to keep KHPT company limited indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by to a third party in settlement of a claim or dispute) incurred or suffered by it, that arise out of any breach by you of any provision of these Terms of Use, or arising out of any claim that you have breached any provision of these Terms of Use.
Effect of Termination
Upon termination of your Account, your right to participate in the Around Us Platform shall automatically terminate. You acknowledge and agree that your right to receive any Services hereunder is conditional upon your proper use of the Around Us Platform, your adherence to the Terms of Use, the continuous activation of your Account, and your permitted participation in the Around Us Platform. Notwithstanding the foregoing, residual data may remain in the KHPT company limited system.
If you provided a valid email address during registration, KHPT company limited will notify you via email of any such termination or cancellation, which shall be effective immediately upon KHPT company limited's delivery of such notice.
Upon Termination, you shall promptly destroy all copies of KHPT company limited data and other content in your possession or control. You further acknowledge and agree that KHPT company limited shall not be liable to you or any third party for any termination of your access to the Around Us Platform. Upon Termination of Service, KHPT company limited retains the right to use any data collected from your use of the Around Us Platform for internal analysis and archival purposes. In no event is KHPT company limited obligated to return any submitted content to you. Clauses in the Terms of Use regarding Termination, Intellectual Property, Dispute Resolution, Disclaimers, Limitations of liability, Indemnification, Treatment of information User Content, and third party content will survive expiration or termination of the Around Us Platform and/or your Account.
You agree to indemnify and hold KHPT company limited and its officers, managers, Registered Users, affiliates, successor, assignees, directors, agents, suppliers and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of such Termination.
We may any time at our sole discretion reinstate suspended/terminated Users. A terminated User may not register or attempt to register with us or use the Around Us Platform in any manner whatsoever until such time that such User is reinstated by us.
IX. INTELLECTUAL PROPERTY
We are either the owner of intellectual property rights or have the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, in the Around Us Platform, and in the material published on it.
You may print off one copy, and may download extracts, of any page(s), files or other content from the Around Us Platform for your personal reference and you may draw the attention of others within your organisation to material available on the Around Us Platform.
You must not redistribute any material from the Around Us Platform and where it has been specifically and expressly made evident by KHPT company limited that certain content is specifically made available for redistribution, it may be redistributed only within your organization, and as intended by KHPT company limited.
You must not republish material from the Around Us Platform on any other print or digital media platform, or display material on the Around Us Platform in public. You must also not republish or reproduce any material from the Around Us Platform through the use of iframes or screenscrapers.
You must not modify or edit any materials you have printed off or downloaded from the Around Us Platform, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You must not use, reproduce, duplicate, copy, sell, sub-license or rent out any part of the materials on the Around Us Platform for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of the Around Us Platform in breach of these Terms of Use, your right to use the Around Us Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
X. TREATMENT OF USER CONTENT
We process User Content to us in accordance with our Privacy Policy available at https://aroundusapp.com/privacy.
XI. THIRD PARTY CONTENT
We cannot and will not assure that other Users are or will be complying with the foregoing rules or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
You acknowledge that when you access a link that leaves the Around Us Platform, the site you will enter into is not controlled by us and different terms of use and privacy policy may apply. By assessing links to other sites, you acknowledge that we are not responsible for those sites. We reserve the right to disable links to and / or from third-party sites to the Around Us Platform, although we are under no obligation to do so.
XII. SEVERABILITY
If any of these Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction where that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.
XIII. ASSIGNMENT
KHPT company limited may, at its sole discretion, at any time, assign or transfer or sub contract or purport to assign or transfer or subcontract its obligations under these Terms of Use to any other person or entity. However, you shall not assign or transfer or sub contract or purport to assign or transfer or subcontract your obligations under these Terms of Use to any other entity or person.
XIV. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms of Use are governed by the laws of Vietnam. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to the Around Us Platform or these Terms of Use, shall be subject to the jurisdiction of the courts at Ho Chi Minh, Vietnam.
XV. CONTACT US
Please contact us for any questions or comments regarding the Terms of Use and other policies governing the Around Us Platform by email at support@aroundusapp.com
Note: Various trademarks held by their respective owners.
This document was last updated on 01 February 2024