TERMS & CONDITIONS OF USE
LIVEIN VIETNAM COMPANY LIMITED) (Company code: 0110455923) is the owner and operator of www.livein.com and/or any other website operated by LIVEIN (collectively, “the Website”). All references to “Livein”, “we”, “us” and/or “our” in the Terms and Conditions herein contained shall refer to LIVEIN VIETNAM COMPANY LIMITED) (Company code: 0110455923), a company incorporated under the laws of Vietnam.
PLEASE READ THESE TERMS AND CONDITIONS OF USE THOROUGHLY AND CAREFULLY AS THEY CONTAIN ALL INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, OBLIGATIONS, LIABILITIES AND RESPONSIBILITIES WHATSOEVER GOVERNING THE USE OF THE WEBSITE.
ANY USE OF AND CONTINUOUS USE OR ACCESS TO THE WEBSITE, IRRESPECTIVE OF WHETHER OR NOT YOU HAVE REGISTERED WITH THE WEBSITE, SHALL SIGNIFY YOUR UNEQUIVOCAL AND UNCONDITIONAL CONSENT AND ACCEPTANCE TO THESE TERMS AND CONDITIONS, REGARDLESS OF WHETHER YOU ARE BROWSING OR MAKING A BOOKING OR LISTING OR ACCEPTING A BOOKING, SIGNING UP AN ACCOUNT, MAKING ANY PAYMENT OR USING ANY SERVICE OR ACCESSING ANY CONTENT AS THE CASE MAY BE ON THE WEBSITE.
LIVEIN IS NOT A REAL ESTATE AGENT, BROKER, INSURER OR ARBITRATOR. WE HAVE NO CONTROL WHATSOEVER OVER THE CONDUCT OF, USERS AND OTHER USERS OF THE WEBSITE OR ANY APPLICATION OR SERVICE OR ANY THIRD-PARTY LINKS OR WEBSITE OR ANY ACCOMMODATION AND DISCLAIM ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
| 1. | DEFINITIONS AND INTERPRETATION | ||||||||||||||||||||||||
| 1.1 |
In the Website unless the context otherwise requires the following words and expressions shall have the following meaning:-
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| 2. | GENERAL TRANSACTION CONDITIONS | ||||||||||||||||||||||||
| 2.1 | User Transaction Process
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| 2.2 | Payment Process/Methods and Invoicing for User
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| 2.3 | Inspection Process
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| 2.4 | Delivery and Shipping Process
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| 2.5 | Transaction Confirmation/Cancellation Process
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| 2.6 | Return and Refund Policy
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| 2.7 | Warranty/Maintenance Process
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| 2.8 | Dispute Resolution and Complaint Process
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| 2.9 | Goods (Accommodation) and Service Products (if any) Participating in Transactions on the Website
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| 3. | ELIGIBILITY | ||||||||||||||||||||||||
| The Website is intended solely for use by persons who are of the age of 18 years or above. You agree that any access to and/or use of the Website by anyone below the age of 18 years is expressly prohibited. You should read through all the Terms and Conditions carefully. The Terms and Conditions constitute a legally binding contract between you and LIVEIN on the use of the Website and you agree, wherever required, to inter alia make payment for any services or use of the infrastructure on or through the Website. | |||||||||||||||||||||||||
| 4. | ROLE AS OPERATOR OF THE WEBSITE | ||||||||||||||||||||||||
| 4.1 | You expressly agree, understand and acknowledge that:
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| 4.2 | In using and continuing to use the Website, you hereby expressly unconditionally, irrevocably and unequivocally agree that you are using the Website at your own risk and you undertake, warrant, confirm and covenant with us that you shall not hold us liable and/or seek any legal and/or equitable remedy from us for any losses, costs, expenses and/or damages of whatsoever nature suffered and/or incurred by you and/or any third party whether as a direct and/or indirect result of any error, typo graphical mistake, inaccuracy, incorrectness, misrepresentation or falseness of the information, image, price and/or description in relation of the Listing and/or quality, standard, fitness for occupation or security or safety whatsoever of any of the Accommodation listed or booked through the Website. | ||||||||||||||||||||||||
| 4.3 | Rights and Obligations of LIVEIN
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| 5. | GRANT OF LICENSE TO LIST | ||||||||||||||||||||||||
LIVEIN grants you a non-exclusive, revocable license to use the Website upon these Terms and Conditions provided that:-
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| 6 | LISTING | ||||||||||||||||||||||||
| About The Accommodation listed or to be listed on the Website including but not limited to the image, photo, information, location, capacity, size, features, availability, pricing, house rules, financial and tenancy terms and a valid physical and/or postal address of the Accommodation and Listing (“the Description”). You understand that Aall bookings will be made based on the Description | |||||||||||||||||||||||||
| 7. | COVENANTS ON USE OF WEBSITE | ||||||||||||||||||||||||
| 7.1 | You expressly unconditionally, irrevocably and unequivocally covenant, warrant, represent and undertake as follows (User’s obligation):
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| 7.2 | User’s Rights
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| 8. | NO WARRANTY OR REPRESENTATION | ||||||||||||||||||||||||
| 8.1 | If there should be any misrepresentation, error, incorrectness, mistake or inaccuracy of the Description and/or any information on the Listing, LIVEIN has the absolute right and discretion to rectify such inaccuracy, error, incorrectness or typographical mistake at any time before before LIVEIN and the User enter into a Lease Agreement. | ||||||||||||||||||||||||
| 8.2 | You undertake, confirm, agree, warrant and covenant with us that you are using the Website and the services voluntarily at your own risk and shall not hold us liable or seek any legal or equitable remedy from us for any damages, expenses, costs or losses or damages of whatsoever nature suffered or incurred by you and/or any third-party as a direct or indirect result of using the Website and the services provided | ||||||||||||||||||||||||
| 9. | STANDARD AND QUALITY OF THE LISTING | ||||||||||||||||||||||||
| 9.1 | We shall not be liable to you or any third-party for any injuries, losses, damages, costs or expenses suffered or incurred arising from any misrepresentation Description or in the event that the Accommodation is not suitable for your purpose, is not of a particular quality and standard, or is not available on the Check-in Date. | ||||||||||||||||||||||||
| 9.2 | At all material times, it is your duty and responsibility to exercise due diligence and care to verify the Accommodation through the physical inspection of the Accommodation before deciding whether to book or when booking and making payment for the Accommodation in accordance with the Lease Agreement. Any arrangement for viewing the Accommodation can be made through LIVEIN by sending a request to LIVEIN’s customer support team via phone call, sms on the phone number provided in the Listing. | ||||||||||||||||||||||||
| 10. | NOT A PARTY OR AGENT OR PARTNER | ||||||||||||||||||||||||
| 10.1 | No agency, partnership, joint venture or employment is created between you and LIVEIN as a result of the Terms and Conditions or your use of any part of the Website. | ||||||||||||||||||||||||
| 10.2 | These Terms and Conditions constitute the sole and entire agreement and contract between you and LIVEIN on the use of the Website. | ||||||||||||||||||||||||
| 11. | FEES | ||||||||||||||||||||||||
| Usage of the Website and platform is free for User. | |||||||||||||||||||||||||
| 12. | LINKS AND ADVERTISEMENTS | ||||||||||||||||||||||||
| 12.1 | The Website may contain advertisements or links to any third-party websites. You agree that we are not responsible and shall not be held liable for the contents, products or services available on or promoted by those websites. | ||||||||||||||||||||||||
| 12.2 | The advertisements or links are not any endorsements by us of the contents, products or services available from or promoted by the relevant websites, advertisements or links. | ||||||||||||||||||||||||
| 12.3 | You assume full responsibility for and all risks arising from the use of any of the contents, products or services available from or promoted by the relevant websites, advertisements or links. | ||||||||||||||||||||||||
| 13. | INTELLECTUAL PROPERTY RIGHTS | ||||||||||||||||||||||||
| 13.1 | All trademarks, service marks, logos, trade names and other proprietary designs used in connection with the Website and its services are our intellectual property. | ||||||||||||||||||||||||
| 13.2 | The Website contains copyright material, trade names and other proprietary information, including but not limited to text, software, graphics and any other material available on or through the Website. The entire contents of the Website are protected by copyright and intellectual property laws of Vietnamor any other country in which such copyright and intellectual property is registered. You are strictly prohibited to modify, publish, transmit, participate in the transfer or sale of, create derivative works, or in any way exploit, any of the contents, in whole or in part. | ||||||||||||||||||||||||
| 13.3 | Copyright of the Website and all contents are owned by us and all rights are reserved. The Website is protected by copyright. | ||||||||||||||||||||||||
| 14. | ENSURING TRANSACTION SAFETY | ||||||||||||||||||||||||
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LIVEIN has employed services to protect Website information to ensure that transactions are conducted successfully and to minimize potential risks. User must provide complete information (name, address, phone number, email) when registering an account on the Website. User should not disclose detailed payment information to anyone via email or other forms of communication. LIVEIN is not responsible for any damages or risks User may incur from sharing their information with others. |
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| 15. | USER PERSONAL INFORMATION PROTECTION POLIC | ||||||||||||||||||||||||
| 15.1 |
Purpose of Collecting Customer Information and Scope of Implementation
LIVEIN collects user information for the purposes of:
- Managing information and transactions related to User on the Website; - Supporting and providing customer care to User; - Introducing and promoting new goods/services, promotions, and events (if any). - LIVEIN commits not to sell, share, or exchange User' personal information. - LIVEIN commits to complying with Decree 13/2023/ND-CP dated April 17, 2023, on personal data protection. - The types of information collected by LIVEIN are detailed in the Privacy Policy at: https://home.livein.com/vn/privacy-policy. You agree that LIVEIN’s Privacy Policy (which may be updated from time to time) governs the collection and use of your personal data. |
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| 15.2 | Scope of Use of User Information
User information collected by LIVEIN will be used solely for the purpose of controlling, managing activities, supporting User, and providing customer care while using the Website.
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| 15.3 | Duration of Information Storage
User personal information will be stored and secured on LIVEIN's system until the user logs in and performs a cancellation or requests us to cancel it on the system unless otherwise required by state authorities. In all cases, customer personal information will be secured on LIVEIN's servers.
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| 15.4 | Methods and Tools for User to Access and Edit Their Personal Data on the Website
User have the right to check, update, modify, or delete their information by logging into their account and editing the information in the "My Account" section.
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| 15.5 |
Commitment to Protect Customer Information
- LIVEIN commits to absolutely securing User' information according to the Website’s personal information protection policy and Vietnamese law.
The collection and use of information for each user are only carried out with the user’s consent, except as provided by law. User have the right to check, update, modify, or delete their information according to LIVEIN's procedures.
LIVEIN will not disclose User' personal information to any third party or use that information outside the Website, except where the provision of personal information to third parties is agreed upon by the User.
- In the event that the information server is attacked by hackers leading to the loss of User' personal data, LIVEIN will be responsible for notifying the competent authorities to investigate and handle it promptly and inform the User. - Absolutely secure all transaction information of User. - LIVEIN requires User to provide complete relevant personal information such as: full name, contact address, email, phone number, etc., and is responsible for the legality of that information. LIVEIN is not responsible for and does not resolve any complaints related to the rights of User if it is found that all personal information provided at the initial registration is incorrect. |
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| 15.6 | Information of Organizations That May Access User' Personal Information
(i) LIVEIN VIETNAM COMPANY LIMITED
Business Registration Number: 0110455923, first issued on: 18/08/2023, Place of issue: Hanoi Department of Planning and Investment
(ii) Payment service providers:
Vietnam Foreign Trade Joint Stock Commercial Bank (Vietcombank) - Hanoi Branch (Tax Code: 0100112437-006). Depending on their role, the Parties are allowed to access the following information:
- LIVEIN is allowed to access information specified in section 1 of the Privacy Policy for the purposes stipulated in Clause 1 of this Article. - Vietnam Foreign Trade Joint Stock Commercial Bank (Vietcombank) - Hanoi Branch is allowed to access the User's full name, phone number or email address, and bank account information (if required) to process payments as per the lease agreement. |
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| 15.7 |
Address of the Unit Collecting and Managing Information, Including Contact Methods for User to Inquire About the Collection and Processing of Their Personal Information:
LIVEIN VIETNAM COMPANY LIMITED Business Registration Certificate Number: 0110455923, issued on: 18/08/2023, Place of issue: Business Registration Office - Hanoi Department of Planning and Investment Address: No. 93, Tran Dai Nghia Street, Bach Khoa Ward, Hai Ba Trung District, Hanoi City, Vietnam Support: Phone: +84-9225 2760; Email: support@livein.com
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| 15.8 |
Mechanism for Receiving and Resolving Consumer Complaints Related to Personal Information Being Used for Incorrect or Announced Purposes
If User detect violations in the exploitation and use of their information for improper purposes, they can contact us through the following methods:
- Contact directly or send documents to LIVEIN's address: LIVEIN VIETNAM COMPANY LIMITED, No. 93, Tran Dai Nghia Street, Bach Khoa Ward, Hai Ba Trung District, Hanoi City, Vietnam; Phone number: +84-9225 2760 - Contact LIVEIN's Customer Service Department via hotline: +84-9225 2760; Email: support@livein.com Upon receiving user complaints, LIVEIN will contact the user to verify and validate the information, discuss, and find a solution based on negotiation and reconciliation
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| 16. | MAPS | ||||||||||||||||||||||||
| Please note that the maps embedded on the Website are provided by Google and subject to Google Maps / Earth Additional Terms of Service | |||||||||||||||||||||||||
| 17. | SUSPENSION AND/OR TERMINATION OF USER’S ACCOUNT | ||||||||||||||||||||||||
| 17.1 | You fully agree that LIVEIN may, in our absolute discretion and without any liability whatsoever to you, with or without cause, with or without prior notice and at any time, limit, suspend, deactivate and/or cancel your account with us. | ||||||||||||||||||||||||
| 17.2 | LIVEIN may take all or any the following actions with or without prior notice or any explanation to you and without being liable to you under any circumstances whatsoever:-
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| 18. | LIMITATION OF LIABILITY & DISCLAIMER | ||||||||||||||||||||||||
| 18.1 |
You agree that we shall have no responsibility, liability or obligation whatsoever to you with regards to all and any of the following:
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| 18.2 | We shall not be liable for any injury, loss, claim, damage, special, exemplary, punitive, indirect, incidental or consequential damages of any kind, any loss of profits, loss of opportunities, loss of use or loss of monies, whether based in contract, tort, negligence, equity, strict liability, statute or otherwise, which arises out of or is in any way connected with (i) any use of the Website; (ii) any failure or delay including but not limited to the use or inability to use any component of the Website; or (iii) the performance or non-performance by us, even if we have been advised of their possibility or they are reasonably foreseeable. | ||||||||||||||||||||||||
| 18.3 | You agree that we, our directors, employees, agents and affiliates shall not be liable to you or any third-party for any losses, damages, costs or expenses arising out or in connection with the use of any of the information, services or material provided through the Website even if we have been advised of the possibility of such loss or damage or such loss or damage are reasonably foreseeable. | ||||||||||||||||||||||||
| 18.4 | If, notwithstanding the foregoing, we are found to be liable arising out of or in connection with these Terms and Conditions, any service or infrastructure provided through the Website or any of the functions or use of the Website, to the full extent permitted by law, you agree that our maximum liability in contract, tort, negligence, strict liability, under statute or otherwise to you shall not under any circumstances exceed the relevant Platform Fee that we have received. Our liability to you shall be reduced to the extent, if any, to which you or any third-party contributed to the loss or damage. | ||||||||||||||||||||||||
| 19. | INDEMNITY | ||||||||||||||||||||||||
| You agree warrant, covenant, agree and undertake to indemnify and keep us fully indemnified from and against any and all liabilities, claims, costs, damages or any other losses of whatsoever nature howsoever arising out of or in connection with, caused by or otherwise attributable to any breach by you or any third-party who your into your Account, with or without your consent or authorization. | |||||||||||||||||||||||||
| 20. | CHANGES TO THE WEBSITE OR TERMS AND CONDITIONS | ||||||||||||||||||||||||
| 20.1 | We may, in our absolute discretion to change, suspend or discontinue any aspect of the Website at any time including the availability of any features, data or contents and may also impose limits on certain features or services or content or restrict your access to parts of the Website without any notice or liability. We also reserve the right to modify, vary or alter any or all of these Terms and Conditions without your consent, at any time without prior notice to you and without any liability to you or any third-party. | ||||||||||||||||||||||||
| 20.2 | By continuing to use the Website after any modification on the Website including the Terms and Conditions, you agree to be bound by the modified Terms and Conditions. You shall cease to use the Website immediately if the modified Terms and Conditions are not acceptable to you. | ||||||||||||||||||||||||
| 21. | GOVERNING LAW, JURISDICTION AND FORUM | ||||||||||||||||||||||||
| 21.1 | These Terms and Conditions contained shall be construed in all respects in accordance with the laws of Vietnam and the Vietnam Courts shall have exclusive jurisdiction over all matters arising from these Terms and Conditions. | ||||||||||||||||||||||||
| 21.2 | If you are accessing the Website from outside of Vietnam, you do so on your own initiation and are responsible for all local laws, if and to the extent that such local laws are applicable and you irrevocably and unconditionally agree and consent that any cause of action that you may submit in connection with the use of the Website in accordance with these Terms and Conditions shall be filed in the Courts of Vietnam which shall be the exclusive forum and venue for any legal disputes between LIVEIN and you. | ||||||||||||||||||||||||
| 22. | SEVERABILITY | ||||||||||||||||||||||||
| In the event that any one or more of the provisions contained in these Terms and Conditions shall for any reason be held to be unenforceable illegal or otherwise invalid in any respect under the laws governing these Terms and Conditions or its performance, such unenforceability illegality or invalidity shall not affect any other provisions of these Terms and Conditions and these Terms and Conditions shall then be construed as if such unenforceable illegal or invalid provisions had never been contained herein. | |||||||||||||||||||||||||
| 23. | TERMS OF APPLICATION | ||||||||||||||||||||||||
| 23.1 | These Terms of Use are effective from July 1, 2024. | ||||||||||||||||||||||||
| 23.2 | These Terms of Use are publicly posted on the Website for all User, and other individuals and organizations to be informed. Any changes to the content of these Terms of Use to align wit | ||||||||||||||||||||||||
| 23.3 | LIVEIN's business activities and the Website's operations will be publicly posted in accordance with legal regulations. | ||||||||||||||||||||||||
| 24. | TERMS OF COMMITMENT | ||||||||||||||||||||||||
| 24.1 | By using the Website, User agree to comply with these Terms of Use. | ||||||||||||||||||||||||
| 24.2 | For any customer inquiries, please contact LIVEIN for resolution at the following details: | ||||||||||||||||||||||||
| 24.3 |
Client Support:
- LIVEIN VIETNAM COMPANY LIMITED - Business Registration Certificate Number: 0110455923, issued on: 18/08/2023, Place of issue: Business Registration Office
- Hanoi Department of Planning and Investment - Address: No. 93, Tran Dai Nghia Street, Bach Khoa Ward, Hai Ba Trung District, Hanoi City, Vietnam Phone: +84-9225 2760; Email: support@livein.com |
