1. Use of the Service
The Service Policy (this “Policy”) shall apply to the use of various services, websites and systems software in general (collectively, the “Service”) provided by Navigos Group Vietnam Joint Stock Company (our “Company”).
By giving consent to this Policy, the use of the Service becomes available. Commencement of the use of the Service shall be deemed to constitute consent to the use of the Service pursuant to this Policy.
2. Registered Information
The person who uses the Service (the “User”) shall register an account with our Company based on his/her own intent and responsibility. By registering with us, you agree to receive our newsletters, emails and other communications about our products or services. Whenever you wish not to receive them you can notify us with immediate effect. In case of any change, etc. to the details of the registration, the User shall immediately modify his/her registration at his/her own responsibility.
The User shall be solely responsible for all details of information entered in the course of the use of the Service, and our Company shall not bear any liability therefor.
3. ID and Password
With respect to the ID and password issued for the use of the Service, the User shall, at his/her own responsibility, use and administer them.
The Users will be responsible for keeping their own ID and password confidential and only use the account for the purpose of using the Service. Under no circumstance is a User permitted to allow a third party to use the ID and password issued by our Company, or otherwise assign, lend, change the name of, sell, or establish security on such ID and password. When a login attempt is made successfully by using the correct combincaiton of the ID and the password, it is deemed that such login is made by the User who registered with the said User ID.
4. Treatment of Personal Information
5. Modification, Cessation, Termination, etc. of the Service
[In cases attributable to the User]
If any of the following events occurs on the part of the User, our Company may cease or terminate the provision of the Service without any prior notice to or consent by such User:
- When a User breaches any provision stipulated under this Policy;
- When a User does not contact our Company after the lapse of six (6) months from the day on which the notification of the commencement of the Service has been made;
- When a User engages in any harassment of any other User at the events or meeting organized by our Company (including, but not limited to, approaching such User for business); or
- Any other event deemed by our Company to show that a relationship of mutual trust is not maintainable.
[If caused by an event attributable to the system, etc.]
Upon occurrence of any of the following events, our Company may cease or terminate the provision of the Service without any prior notice to or consent by the relevant User:
- Upon occurrence of an incident to the system, infrastructure or the like necessary for the provision of the Service, which requires maintenance, checkup or renewal or must be otherwise urgently addressed;
- In cases where our Company deems it difficult to provide the Service due to: (i) unexpected failure in the system, infrastructure, etc., not attributable to our Company; (ii) damage due to a computer virus; (iii) force majeure such as fire, earthquake or other extraordinary natural phenomenon; or (iv) other contingent circumstances; or
- Any other cases where our Company deems it necessary to do so.
[If based on a prior notice or public announcement]
Our Company may modify, cease or terminate the provision of the Service by a public announcement by way of posting it on the website of our Company or giving notice to Users through an appropriate means.
Our Company shall not bear any liability for any disadvantage or damage even if a User incurs disadvantage or damage due to a modification, cessation or termination of the provision of the Service made by our Company on the grounds of any event enumerated above.
6. Termination by Users
A User may terminate his/her use of the Service in accordance with the terms prescribed by our Company and provided that the User has completed all of their obligations before the termination date.
7. Prohibited Matters
A User shall not commit any act enumerated below in the course of the use of the Service. In case of breach, our Company may take measures such as to cease or terminate the provision of the Service to, or delete the registration of such User, in accordance with provisions of Section 5 of this Policy.
- Any act of entering false or inaccurate information in the registration form;
- Any act of, or likely occurrence of an act of, defamation, duress or coercion against our Company (including officers and employees of our Company, hereinafter the same shall apply in this Section 7), any other User or a third party;
- Any act violating any right including any property right (including copyright, trademark right or any other intellectual property rights) proprietary to, or the right of honor or publicity of, any other User or a third party;
- Any act of utilizing information obtained through the Service by way of reproduction, sale, publication or otherwise regardless of means, beyond the scope of the private use of the Service;
- Any act of mentioning issues related to the politics and religions;
- Any act of using uncultured words that violate code of ethics and traditional culture of Vietnam;
- Any act of claiming a relationship with or speaking for any business, association, institution or other organization for which you are not authorized to claim such a relationship;
- Any act of posting or transmitting any information, software or other material which contains a virus or other harmful component;
- Any act of communicating directly with a recruiting company introduced through the Service and becoming an applicant for the selection thereby without our Company’s permission;
- Any act of, or likely occurrence of an act of, obstructing the operation of the Service, tarnishing or defaming our Company;
- Any criminal action (including the preparation of a crime and criminal attempts);
- Any act contrary to, or likely to be contrary to, public order and morality;
- Any act in, or any act likely to be in, contravention to the law; or
- Any act deemed by our Company as a breach of this Policy.
8. Elimination of Anti-social Forces
Each User hereby represents and warrants that the User does not constitute an anti-social force (meaning an organized crime group, an organized crime group member, a person who has ceased to be an organized crime group member for less than five (5) years, a quasi-organized crime group member, an organized crime group-associated company, corporate extortionists, rogue person or group proclaiming itself to be a social activist, organized special intellectual crime group or any other person or entity analogous thereto) in past, present and future, and shall not commit any act that contravenes the law and ordinances, such as an act of violence, fraudulent means and/or an act of intimidation or an act of obstruction of business.
The User shall keep confidential information (including, but not limited to managerial and technical information, information related to the Service, transaction proceeding and/or any information gained during the course of use of the Service) and personal information of our Company (including officers and employees of our Company), counterparties of our Company and/or any other third party in confidence, and shall not commit a disclosure or provision of such confidential information or personal information or any other unauthorized act related thereto without prior consent in writting thereto of our Company or other such owner of the information.
- Our Company makes no guarantee for its authenticity, accuracy, currentness, usefulness, reliability and legality of the contents provided to Users through the Service, and in no case shall our Company bear any liability for any disadvantage or damage incurred in relation to the use of the Service. Also, no guarantee is made for a newly-registered applicant to be contacted by our Company and no guarantee is made for applicants to be interviewed by, or information submitted by them to be responded to by, all of the recruiting companies which have been posted on the website of our Company.
- Our Company makes no guarantee that the Service is free from any factual or legal non-conformance (including any defect regarding safety, reliability, accuracy, integrity, validity, fitness for a particular purpose and/or errors, bugs or any infringement of a right of a third party).
- Our Company bears no liability for damage incurred by a User arising from or in relation to any delay, difficulty or inability in providing the Service due to force majeure such as extraordinary natural phenomenon, or any other event not attributable to our Company.
- Our Company bears no liability for a dispute, etc. (including disputes regarding the conditions of employment with recruiting companies) between a User and any other User or a third party arising in relation to the Service, and Users shall resolve the matter at his/her own expense and responsibility.
- Our Company does not guarantee the materialization, through the Service, of career moves that meet a User’s requirements.
- The website of our Company may post links to other websites that are not operated by our Company for the purpose of providing information to Users. Our Company bears no liability whatsoever for any damage incurred by a User through the use of such websites.
- en world group may modify the contents, procedures, conditions, etc. of the Service as deemed appropriate from country to country where its business is conducted, taking into account that (i) applicable local laws and regulations (including but not limited to those related to employment, advertisement and personal information protection) and (ii) the differences in the culture and custom in relation to the use of the Service in each country.
11. Modification of this Policy
If any amendment, modification, addition or doubt arises regarding the content of this Policy, our Company may modify this Policy, without obtaining Users’ consent in advance, by way of posting it on the website of our Company or giving notice to Users through an appropriate means.
Use of the Service by a User himself/herself after such publication or notification shall be deemed to constitute the User having consented to the modified version of this Policy.
12. Intellectual Property Rights
Any and all copyright, trademark right and other intellectual property right pertaining to information, trademarks, logo marks, etc. used on the website of our Company are vested in our Company unless otherwise specified.
Users are prohibited from misappropriating a part or all of these properties without obtaining the written consent of our Company in advance.
Any unauthorized copies or uses of the information or material for commercial purposes shall be deemed as a breach and shall be treated in accordance with the relevant applicable laws and provisions herein.
If a User causes damage to our Company or a third party in the course of his/her use of the Service, such User shall compensate for any and all of such damage suffered thereby at his/her own expense and responsibility.
In cases where our Company bears liability to a User in relation to the use of the Service by such User, our Company shall compensate for actual damage suffered thereby only to the extent such damage is ordinary and direct.
The User agrees to indemnify and hold our Company, or parent or subsidiary companies and our affiliates, and their respective directors, officers, employees, and agents safe and harmless from any and all allegations, liabilities, claims, actions, suits, demands, damages, losses, settlements, judgments, costs and expenses, including reasonable attorneys’ fees, arising from, relate to or result from breach of this Agreement, any other policy, your use or access of our Company website or any Internet site linked to or from our Company website, or in connection with the transmission of any information, data on our Company Website.
14. Governing Law and Jurisdiction
The laws of Vietnam shall govern the validity, application and construction of this Policy.
Any dispute, claims, etc. in relation to the Service and this Policy shall be subject to the agreed exclusive jurisdiction for the first instance of Vietnam International Arbitration Centre (VIAC) – HCM City Branch, at the Vietnam Chamber of Commerce and Industry in accordance with its rules of arbitration proceedings. The arbitration venue will be in Ho Chi Minh City. The losing party shall bear all the costs related to the settlement incurred by the other party. The award of VIAC is final and effective from the date of issuance. The arbitration award shall be binding upon the parties and enforceable by appropriate judicial action.
If any provision of this Policy or any other policy be held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties and the remaining portions will continue in full force and effect.
The failure of our Company to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
This Policy is personal to you and you may not assign your rights or obligations thereunder to anyone.
Established: 1 January, 2019
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