Terms & Conditions
Our Terms & Conditions For Reviewers & Businesses
Terms & Conditions
These user terms and conditions (hereinafter referred to as the "User Terms") apply to any use of Ha Giang Review's website (hereinafter referred to as the "Website"), including - but not limited to - www.hagiangreview.com.
The Website is supplied by Ha Giang Review JSC, a company situated at N.10 Quyet Thang street, Ngoc Ha ward, Ha Giang city, VN ("Ha Giang Review"). In these User Terms, the words "we", "us" and "ours" refer to Ha Giang Review.
These User Terms are deemed to include all other operating rules, policies, and guidelines that are referred to herein or that we may otherwise publish on the Website (as such, rules, policies and guidelines may be amended from time to time), including without limitation:
- Our "Guidelines for the use of the Ha Giang Review Services" (hereinafter referred to as the "User Guidelines"), which are located at Guidelines for Reviewers
- Our Copyright Dispute Policy, which is located at Copyright Dispute Policy
In the event of any conflict between the terms contained herein and those of the User Guidelines, the User Guidelines will govern and control.
By using the Website, you accept to be subject to the User Terms, including the User Guidelines. If you do not accept these User Terms, you are not permitted to use the Website and are kindly requested not to use the Website any further. The registration as a user requires your express acceptance of these User Terms.
THE SERVICES ON THE WEBSITE
1. Registered User
1.1 Ha Giang Review grants you the non-exclusive, non-transferable, revocable, limited right to access and use the Website. In order to gain full access and use of the Website, you must create a profile and register as a user (hereinafter referred to as "Registered User").
1.2 You are only permitted to register one profile per person on the Website. The profile is personal and you must not transfer it to others.
1.3 In order to become a Registered User, you need a password. You choose your own password which must be used with your email address when logging onto the Website. Alternatively, we send the password to you. The password is personal and you must not transfer it or in other ways make it available to others. It is your responsibility to ensure that the password does not fall into the hands of a third party. If you become aware that the password is or may have been compromised, you are obligated to inform us hereof. We can and will change the password if there is a risk that the password has been compromised or is used in violation of the User Terms.
1.4 During the registration process, you must choose a username. The username will be shown on the Website whenever you write or comment on reviews or produce user-generated content (see 2.1 below) on the Website. Therefore, you must consider whether you wish to use a username from which you can be identified by others. The username must not (i) be offensive or in other ways insulting, (ii) contain the terms "Guest", "Admin", ".dk", ".com", etc. or (iii) contain characteristics which belong to a third party, including names of famous persons, or personal names to which you do not own the rights. You warrant that your username does not infringe on any rights (including any intellectual property rights) belonging to any third party and/or pertaining to the User Terms.
1.5 Changes to the username may only be made by us. If you want to change your username, please contact us at email@example.com.
1.6 We are entitled at any time, without notice and without prejudice, to delete, suspend or change your profile in the event of your violation or suspected violation of these User Terms or applicable law. When deleting your profile, you will no longer have access to services on the Website which require your registration and/or login as a Registered User. When deleting your profile, we reserve the right to delete the user-generated content (see 2.1) you have made on the Website.
1.7 Furthermore, we reserve the right, at any time and without notice or explanation, to delete your profile and user-generated content (see 2.1). In this case, our disclaimer applies without limitations.
1.8 You are not permitted to gain access or attempt to gain access to the parts of the Website requiring user registration if you are not a Registered User.
2. User-Generated Content from Registered Users
2.1 You hereby grant us the worldwide, non-exclusive, perpetual, irrevocable, royalty-free right and license to publish, display, reproduce, modify, create derivative works of and commercially exploit any material, information, notifications, reviews, articles or other types of communication (hereinafter referred to as the "User-Generated Content" or "UGC") which you create on the Website as a Registered User. We may freely use and transfer the UGC and disclose the UGC to third parties.
2.2 Registered Users are liable for the UGC they publish on the Website.
2.3 Registered Users warrant that all UGC posted on the Website is correct and true (where they state facts) or genuinely held (where they state opinions).
2.4 UGC must relate to a company or organization from which the Registered User has purchased or can otherwise document using the company's or organization's products or services.
2.5 You may not publish UGC regarding companies to which you have personal or professional relations.
2.6 Registered Users must not, and must not allow any third party to, publish UGC on the website which:
- is of a marketing nature or has marketing purposes,
- is unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, libelous, defamatory, tortious, obscene, pornographic or profane, has sexist, political or racial character, violates other people's rights, including any intellectual property rights, rights of privacy and/or rights of publicity,
- is offensive or in any way breaches any applicable local, national or international law or regulation,
- violates these User Terms, including the User Guidelines,reveals any personal information about another individual, including another person's name, address, phone number, email address, credit card information or any other information that could be used to track, contact or impersonate that person,
- has a disloyal or unlawful purpose and/or content (or promotes unlawful purposes), or
- is technically harmful (including without limitation computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct).
2.7 Contributors of UGC warrant in every context that the UGC is lawful and in compliance with the User Terms. If Ha Giang Review receives notice or otherwise becomes aware that UGC violates current legislation and/or the User Terms, we may delete the UGC without any notice, and we - dependent on the character of the violation - may inform the violated party and/or the authorities of the violation. Our right to delete will not be conditioned on an explanation, although we will strive to inform the Registered User about the deletion and the reason hereof.
2.8 The Registered User hereby grants us the right to initiate and take any legal actions which we deem necessary in case of infringement of the Registered User's UGC.
The Registered User must guarantee to indemnify us for any claims which may be made against us as a consequence of the Registered User's violation of the User Terms or current legislation. The Registered User must indemnify and hold us harmless from and against any claim or loss due to third party claims against us resulting from the UGC of the Registered User.
2.9 We may at any time request information about the UGC from the Registered User, including documentation supporting the information included in the UGC, e.g. documentation evidencing that the UGC is based on an actual buying experience in an actual customer relation to the company to which the UGC relates.
3.1 The Website and the services we offer via the Website, including all underlying technology and intellectual property rights embodied therein, are and remain our sole and exclusive property, and no license or any other right is granted to any such underlying technology. If you provide feedback, ideas or suggestions regarding the Website or the services offered on the Website ("Feedback"), we are free to fully exploit such Feedback.
3.2 The content on the Website, including but not limited to the intellectual property rights, text, characteristics, graphics, icons, photos, calculations, references and software is or will be our property or the property of a third party (other than the Registered User) and is protected by Vietnam and applicable international legislation, including without limitation applicable copyright and trademark laws.
3.3 Unauthorized copying, distribution, presentation, or other use of the Website or part thereof is a violation of Vietnam law and may thus result in civil and/or criminal penalties.
3.4 To the fullest extent permitted by law, the rights to free use of the UGC are transferred to us irrevocably, without any time limitation and without territorial limitations, by submitting the UGC to us.
3.5 Downloading and other digital copying of the content on the Website or parts thereof are only permitted for personal non-commercial use unless otherwise agreed with us in writing or allowed under applicable mandatory law.
3.6 All company names, trademarks and other business characteristics on the Website is or will be our property or the property of a third party (other than the Registered User) and must only be used for business purposes upon prior approval from us or the third party owner, respectively.
4. Personal data
5.1 The website, content, and services offered on the website are provided 'as is' and as available without representations or warranties of any kind. Ha Giang Review expressly disclaims any and all warranties, express, implied, or statutory, including without limitation any warranties of non-infringement, merchantability or fitness for a particular purpose. The website and services may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability.
5.2 We make no representations or warranties with respect to any UGC published on the Website. Notwithstanding the foregoing, Ha Giang Review may at all times investigate and edit (including anonymizing) UGC, e.g. if such actions are (i) prompted by third party requests, (ii) required under applicable law, or (iii) necessary for the UGC's compliance with our User Guidelines.
5.3 We disclaim all liability for the content of UGC. Our non-liability applies, without limitation, to any UGC, including UGC which has been edited by us (see 5.2). We are not liable for any links to third-party websites in the UGC, including for the content of the page to which the UGC links.
5.4 Recommendations, reviews, comments, etc. of specific companies, services, e-businesses, etc. on the Website are provided by Registered Users and are not endorsements made by us. We disclaim all liability for the content of the Website. The use of our services is in any respect the sole responsibility of the Registered Users. We cannot be held liable for the availability of the Website.
6. Limitation of liability
6.1 We shall in no case be held liable, whether in contract, tort (including negligence) or otherwise for damages for the use of the website, even if we have been advised of the possibility of such damages, including (I) loss of profits, contracts, turnover, business, business opportunity, loss or corruption of data or recovery of data, goodwill, security breach resulting from a failure of third-party telecommunications and/or the internet, anticipated savings or revenue (regardless of whether any of these are direct, indirect or consequential) (ii) any loss or damage arising in connection with liabilities to third parties (whether direct, indirect or consequential) or (iii) any indirect, special, punitive, incidental or consequential loss or damage whatsoever. Some states and other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
6.2 Our total aggregate liability, including without limitation liability for breach of contract, misrepresentation (whether tortious or statutory), tort (including negligence), breach of statutory duty or otherwise, arising from or in connection with the user terms, the website or our services will never for any and all actionable circumstances exceed one fifty dollars ($50.00). You further agree that no claims or actions arising out of, or related to, the use of our website or services or these user terms may be brought by you more than one (1) year after the actionable event. Nothing in the user terms excludes or limits either party's liability for matters which cannot be excluded or limited under applicable law.
7. Other User Terms
7.1 We may at any time, at our sole discretion, revise or change these User Terms. We will make an effort to provide reasonable advance notice of any such changes. We may at any time, at our own discretion and without notice, close, change, or reorganize the Website. As a Registered User, you accept to be covered by the at all times current User Terms. Any revision or change of the User Terms will be stated on the Website. We will furthermore strive to inform the Registered Users about the change of the User Terms. The Registered Users agree that the continued use of the Website after any posted modified version of the User Terms is an acceptance of the modified User Terms.
7.2 Should any of these User Terms be regarded as unlawful or without effect and therefore not to be enforced, this will not have any effect on the applicability and enforcement of the remaining part of the User Terms.
8. Term and termination
8.1 We may terminate your right to access and use the services offered on the Website at any time for any reason without liability. If we do so, or if you elect to delete your profile, any rights granted to you herein will immediately cease. Sections 2-10 will survive any termination of the User Terms.
9. Applicable law and venue
9.1 The User Terms and the relationship between you and Ha Giang Review are governed by the laws of Vietnam, without regard to the conflicts of law provisions thereof. Any disputes must be brought exclusively in the provincial courts located in Vietnam, and the parties hereby consent to the jurisdiction of such courts.
10. Copyright dispute policy
10.1 It is Ha Giang Review's policy to (i) block access to or removes material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers or members or users; and (ii) remove and discontinue service to repeat offenders. Ha Giang Review has adopted a policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at http://www.copyright.gov/legislation/dmca.pdf). This policy is available at Copyright Dispute Policy and contains instructions for contacting Ha Giang Review's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent").
11.1 You acknowledge and agree that these User Terms constitute the complete and exclusive agreement between you and Ha Giang Review concerning your use of the Website and supersede and govern all prior proposals, agreements, or other communications.
11.2 Nothing contained in these User Terms can be construed as creating any agency, partnership, or other forms of joint enterprise between us. Our failure to require your performance of any provision hereof will not affect our full right to require such performance at any time thereafter, nor may our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. You may not assign any rights granted to you hereunder, and any such attempts are void.
12.1 You may contact Ha Giang Review via email at firstname.lastname@example.org or the following mailing address:
Ha Giang Review, JSC.,
N.10 Quyet Thang street, Ngoc Ha ward,
Ha Giang city, Ha Giang province, VN
Whether you want to use Ha Giang Review for free or use our paid services, you’ll need to accept these terms so that it’s clear what each other’s legal rights and obligations are. Your access and use of our services are, at all times, conditional on you agreeing to these terms. So, if at any time you do not agree with, or cannot comply with, these terms, you must not access or use any of our services.
You agree to these terms by doing one or more of the following: (a) clicking a box or button confirming that you agree to these terms (or a similar confirmation); (b) signing or accepting a quote, order form, or similar document which refers to these terms; (c) paying or accepting an invoice for a subscription to our paid services; or (d) claiming a business profile page or accessing or using any of our services.
If you have questions about Ha Giang Review, check out our Support Center. And if you still can’t find the answer you are looking for, you can reach out to us at email@example.com.
Just so you know, words or expressions defined in “quotation marks” have the same meanings each time they are used in these terms.
Joining and using Ha Giang Review
In this section we explain how to access and use our services and subscribe to our paid services.
You and Ha Giang Review: When we say “you” or “your”, we mean the entity or business that you represent. When we say “Ha Giang Review”, “we”, “our” or “us”, we mean the Ha Giang Review entity that you contract with as stated in section 60 of these terms. When we say “affiliate” we mean, with regard to a party, an entity or firm, controlling, controlled by, or under common control, whether directly or indirectly, with that party.
Our platform: when we say our “platform” we mean our review platform hosted at hagiangreview.com, any sub-domain, sub-directory, similar website or app operated by us.
Our services: Our “services” consist of the Ha Giang Review business account, the review services, and any other services that we provide now or in the future, as may be described in any quote, order form, invoice or other commercial documents or communications that we provide, or on our platform (“commercial materials”).
Business profile page: If you want access to our services, then you or someone on your behalf needs to claim a business profile page on our platform (sometimes also called a company profile page).
Free plan: By claiming a business profile page, you will be given access to a business account, through which you can use all of the services provided in our free plan. You may use these services unless and until your business account is deleted by you or access to it is terminated by us.
Subscriptions: If you subscribe to one or more services that are not included in our free plan (a “subscription”), then you will also be able to access these services through your business account. The following points will also apply to you:
- Subscription period: Most subscriptions run for 12 months, but the specific duration of your subscription (“subscription period”) will be listed in the commercial materials that are issued or presented to you when you agree to purchase that subscription.
- Subscription renewals: At the end of each subscription period, your subscription will automatically renew for a further subscription period unless we have agreed something different with you in your quote, order form or similar document, or you or we terminate your subscription - see the Termination and suspension section. If your subscription is not renewed, you will still have access to the services provided in our free plan.
- Subscription renewal pricing: If we make any changes to the non-discounted price of your subscription, we’ll inform you at least 45 days before the next renewal date of your subscription period, which is when the new price will take effect. If we have given you a discount to our normal subscription prices, this discount may end when your subscription renews.
Domains: You promise that you own or have an exclusive right to operate the domain(s) that you use our systems and services for.
Sending invitations to your consumers: If you use our review invitation service, you will be treated as the sender of each invitation sent - not us. So, it is your responsibility alone to make sure that the invitations that you send (or that we send on your behalf) using our services meet all applicable legal and regulatory requirements, and comply with the guidelines.
In particular, you confirm that the content of each invitation will be legal, and that you will have all the rights, permissions and consents required for your invitations to be sent in compliance with applicable privacy laws.
Sending invitations to your consumers outside of our platform: Where you display or send review invitations outside of our platform (for example, where you create and send review invitation links yourself or direct consumers to write reviews on your business profile page), you agree that you are accessing and using our services - and agree to promptly provide information and access for Ha Giang Review to audit your compliance with these terms and our guidelines. For example, we may ask for you to provide us with information about your invitation process, including how and when you send review invitations or direct consumers to your business profile page, the templates you use and provide random anonymised examples of invitations. This section will apply even if you do not have a business account or a claimed business profile page, as you may still be displaying or sending review invitations outside of our platform.
Business account: You take responsibility for fully controlling who administrates and can access your business account, how it is managed and how you use our services. For example:
- You control access to your business account. You decide who is allowed to use and access the services available through your business account (“authorised users”) and what kind of access each of those authorised users has. You can change or stop that access at any time.
- You’re responsible for all your authorised users’ activity and their use of our services.
- You promise that you’ll keep your information (including a current email address) up to date.
- You’re responsible for providing true, accurate and complete information.
- You’re also responsible for protecting your username and password from getting stolen or misused.
User roles and access: You should make sure to understand the permissions you’re granting to your authorised users. Each authorised user that you add to your business account must also accept these terms in order to use our services. If you’d like to read more about user roles and levels of access, check out the information on our Support Center.
Your key responsibilities: You must only use our services for the domains whose business profile pages have been claimed by you or on your behalf (“claimed domains”) and in accordance with your applicable subscription, if any. You agree to use our services only for lawful business purposes and in line with our guidelines.
Guidelines: When accessing or using our services, you agree to respect and follow our guidelines, policies and codes on hagiangreview.com designated for businesses and for everyone (and any other guidance referred to in these terms) (“guidelines”). Please read them and make sure you understand what you should and shouldn’t do. These guidelines are very important because they outline, among other things, how you should (and shouldn’t) use our services. Much of it will be common sense and is designed to ensure we keep our platform a fair and trusted place for consumer reviews.
What we own: We own everything we’ve put into our services except content owned by others, like the reviews on our platform which are owned by the reviewers who wrote them and any data you provide us when sending invitations to your consumers. Our ownership includes rights in the design, compilation, and look and feel of our services. It also includes rights in all copyrighted works, trademarks, designs, inventions, and other intellectual property. You agree not to copy, distribute, modify or make derivative works of any of our content or use any of our intellectual property rights in any way not expressly permitted by us. This means you are not allowed to use our logos, graphics, and trademarks (“brand marks”) or any other content on our platform like TrustScores and reviews unless we specifically say you are authorised to use them.
User generated content: Any review, reply to a review, image or other content created by or originating from you, any consumer or other user of our services is what we call “user generated content”. Where user generated content is created by or originates from you, you allow us to use it and make it available forever without restriction or payment to you - and you also promise that you have the right to allow us to do that. Unless user generated content is removed by us for violating our guidelines, or removed by its author, all user generated content will remain publicly displayed on our services, our platform and any third-party services and networks (like Google) even after your subscription has ended or you delete your business account.
Feedback: We appreciate any feedback from you about our services and may use it forever without restriction or payment to you.
Ha Giang Review Labs or beta services: Occasionally we may offer access to time-limited services or features that have not yet been released by us as a final product to the market – for example, a beta service. Because of the nature of these services, if you choose to use them, you use them at entirely your own risk.
Problems and support: If you have a problem, we have support articles available through our Support Center that should help you with most situations. If you’ve tried our Support Center and still need help, you can find more information about online support for our services from our support team by contacting them at firstname.lastname@example.org. Depending on the services you subscribe to, you may also have access to the Customer Success team who can provide additional information.
Impartiality: We love businesses using us to share, hear, and learn from their consumers through our role as an online intermediary. Your use of our services and the brand marks is not an approval, endorsement or recommendation by us of either you or your products or services. So you must not market yourself or give public declarations to that effect. Nothing in these terms is to be interpreted as constituting a partnership, joint venture, employment or agency relationship between you and us.
Display of names, logos, and reviews:
- When you create a business account and use our services you allow us to use your name and logo on our websites and as a part of a general list of customers for use and reference in corporate, promotional and marketing material.
- During your use of our services, you may display reviews of your business and our brand marks on your claimed domains, so long as you follow our guidelines, including the guidance provided by us on our Support Center - and only if you use the designs, widgets, images and functionality that we make available to you in your business account.
Any other use or display of our brand marks or content on Ha Giang Review, including in offline or online advertising, is only permitted with our advance written consent. We reserve the right to revoke your use of our brand marks at any time if we find your use to be in violation of our guidelines.
Don’ts: While we can’t cover everything here, here are some important examples of things you must never do:
- Undermine the security or integrity of our platform.
- Use our platform or services in any way that might impair functionality or interfere with other people’s use.
- Access our platform or services without permission.
- Introduce or upload anything to our platform or services that includes a virus or other malicious code.
- Write, submit or procure fake reviews.
- Anything that may be misleading, offensive, violates any law, infringes on the rights of others or does not comply with our guidelines.
- Modify, copy, adapt, reproduce, disassemble, decompile, reverse engineer or extract the source code of any part of our platform or services.
- Resell, transfer, licence, lease or provide our services in any way not expressly permitted through our services.
- Repackage, resell, or sublicense any data accessed through our platform or services.
- Commit fraud or other illegal acts through our platform or services.
- Act in a manner that is abusive or disrespectful to a Ha Giang Review employee, partner, user, or other Ha Giang Review customer. We will not tolerate any abuse or bullying of our Ha Giang Review employees in any situation and that includes interaction with our support teams.
To help make your experience of our services even more powerful, our ecosystem includes integrations to products and services made available by other businesses (for example, e-commerce platforms).
Other services: To help you maximise the potential of our services we understand you may want to use data, products and services of other businesses (which we call “third-party products”) and connect them with our platform and services. We may help streamline that process for you by making available integrations to third-party products, such as Magento or Hootsuite, for you to use. These companies may have additional terms and conditions that apply to you and those terms and conditions shall cover your use of the third-party products, not these terms. Any third-party providing a third-party product is a “third-party provider” and is independent of us, so be aware that a third-party provider may also charge you fees in addition to what you pay us.
Third-party terms and descriptions: Third-party products are subject to terms and conditions and privacy notices set by their providers. These likely include how the providers will use the data that you make available to them. The descriptions of third-party products that we publish, and any associated links, have been provided to us by the providers. While we make reasonable efforts to check the accuracy of those descriptions, the providers are solely responsible for them. We don’t endorse or assume any responsibility for third-party products and are not liable to you in respect of them.
Pricing and Payments
Unless you’re using our free plan or on a free trial, you’ll need to pay to access and use our services. The price and any other terms that are specific to you are explained when you agree to purchase our services.
Trials: We may offer you a trial of some of our services. After the trial period, we will remove your access to those services. If you want to continue using those services after the trial, you’ll need a subscription.
Ha Giang Review subscriptions: We offer our business users access to our free plan which allows the use of a wide range of Ha Giang Review services. But to access the majority of our services, we require you to pay for one of the many subscriptions we offer. The subscription pricing may vary by region. The price and any other terms that are specific to your subscription are set out in the commercial materials that you accept when you agree to purchase that subscription.
Discounts: Any price discounts listed on a quote, order form or similar only apply for the subscription period specified on it, and we aren’t obliged to continue offering that discount for successive subscription periods.
No refunds or credit: Unless we’ve specifically stated elsewhere in these terms, we will not owe you any refund or credit if you or we terminate your subscription in accordance with these terms.
Taxes for your use of our services: Our prices are stated exclusive of taxes. You’re responsible for paying all other external fees and taxes associated with your use of our services wherever levied, including value added tax, sales tax or other similar charges if they apply.
Importance of timely payments: In order to continue accessing the services included in your subscription, you need to make timely payments based on the price of the subscription you selected. Unless your subscription order details say something else, the fees for each subscription period are owed to us upfront - and if we have issued an invoice to you, you must pay that within the number of days set out in the invoice. To avoid delayed or missed payments, please make sure we have accurate payment information. If we don’t receive timely payments, we may suspend, or even end, your access to our services - see the Termination and suspension section.
Privacy and data use
Privacy laws: We each agree to comply with all applicable data protection and privacy laws and regulations, including without limitation Regulation (EU) 2016/679 of 27 April 2016 (the General Data Protection Regulation) (the “GDPR”) and the California Consumer Privacy Act (the “CCPA”).
Invitation data: When you send (or we send on your behalf) invitations to your consumers asking them to write a review on our platform about your services and/or your products, we are providing “review invitation services” to you. If the type of review invitation services we provide to you requires us to receive or process any personal data relating to those consumers (“invitation data”) before they submit a review on our platform in response to an invitation, then:
these review invitation services will be provided to you:
- by Ha Giang Review A/S if your contract is with Ha Giang Review A/S; or
- by Ha Giang Review Inc. if your contract is with Ha Giang Review Inc. (however, any data processing in connection with its provision of the review invitation services is subcontracted to Ha Giang Review A/S which will deliver that to you on Ha Giang Review Inc.’s behalf),
provided that, regardless of which entity provides the review invitation services, Ha Giang Review A/S will at all times be the sole entity within the Ha Giang Review group which has decision-making authority over, and determines the purposes and means of processing, invitation data;
- our Data Processing Agreement will apply to this processing activity;
- to the extent that we, as a service provider to you, receive personal information (as defined in the CCPA) from you about your consumers who are residents of the State of California in the United States, the CCPA supplement (which is part of these terms) will apply to you in addition to our Data Processing Agreement; and
- you confirm that you will have all the rights, permissions and consents required by applicable privacy laws to provide us with the invitation data.
Security is something we take seriously and you should too! You can read all about our practices in our Support Center. We do what we can to keep your data secure but we need your cooperation to protect our services and your data.
- Playing your part to keep your data secure: You have an important part to play by keeping your login details secure, not letting any other person use them, and by making sure you have strong security on your own systems. If you realise there’s been any unauthorised use of your password or any breach of security to your account or email address linked to your account, you need to let us know immediately. You also agree not to use free-form fields in any of Ha Giang Review’s systems or services to store personal data, (unless it’s a field explicitly asking for personal data - like a first name or last name).
We take reasonable precautions to protect your confidential information and expect that you’ll do the same for ours.
- Keeping it confidential: While using our services, you may share confidential information with us, and you may become aware of confidential information about us. You and we both agree to take reasonable steps to protect the other party’s confidential information from being accessed by unauthorised individuals, entities or other third-parties. You or we may share each other’s confidential information with legal, governmental or regulatory authorities if required to do so, or if required by law. We may also share your information on a similar confidential basis with the other companies in our group, our advisers, auditors and financiers, and any third parties carrying out due diligence on our business. Information will not be considered confidential if the recipient of the information already knew the information and it was not subject to confidential treatment, or the information is publicly available (but not as a result of a breach of this confidentiality section).
Termination and suspension
This section explains when your subscription and/or access to our services can be terminated or suspended.
Your termination rights:
If you have a subscription:
If you don’t want your subscription to automatically renew for any reason: If you don’t want your subscription to automatically renew at the end of a subscription period, you’ll need to tell us that by emailing email@example.com at least 30 days before the end of your current subscription period.
Even after you’ve told us, you’ll still have access to the services included in your subscription for the remainder of the current subscription period. If you haven’t already paid, you will still be responsible for paying all subscription fees for the whole of the current subscription period. Once your subscription period has ended, you will still have access to the services provided in our free plan.
Terminating your subscription immediately because of our material breach: You may terminate your subscription immediately if:
we materially breach any of these terms and do not remedy the breach within 14 days after receiving notice of the breach from you; or
we materially breach any of these terms and the breach cannot be remedied.
If you terminate your subscription because of our material breach, you will immediately lose access to the services included in your subscription, but you will still have access to the services provided in our free plan. You won’t get a refund or credit for anything you have already paid - but if there are any subscription fees for the remaining part of the subscription period that have not yet become payable, then you won’t need to pay us those fees.
If you are on our free plan:
Deleting your business account and stopping use of our services: Other than sections of these terms which survive termination (see the Survival section), these terms will immediately terminate if you stop using our services and delete your business account.
Keep in mind that, whether you terminate your subscription or delete your business account, these terms will still apply to anything that happened before you terminated.
Our termination and suspension rights:
If you have a subscription:
If we don’t want to renew your subscription for any reason: We can terminate your subscription at the end of any subscription period by giving you at least 30 days’ notice before it ends.
You’ll still have access to the services included in your subscription for the remainder of the current subscription period - and, if you haven’t already paid, you will still be responsible for paying all subscription fees for the whole of the current subscription period.
Immediate termination by Ha Giang Review: Ha Giang Review may also terminate your subscription or access to your business account or all or any of our services immediately if:
you materially breach any of these terms and do not remedy the breach within 14 days after receiving notice of the breach; for example, writing reviews on your own business profile page, procuring fake reviews, misusing the review reporting functionality in your business account, inviting consumers to write reviews in a biased way, or using the brand marks to mislead consumers;
you materially breach any of these terms and the breach cannot be remedied;
you fail to pay the full amount of your subscription on time;
you become insolvent or go into liquidation or have a receiver or manager appointed over any of your assets, you make any arrangement with your creditors, or become subject to any similar insolvency event in any jurisdiction;
if your use of our services poses a security risk to our platform; or
in our discretion we determine that your business values or core beliefs are in conflict with ours.
If you haven’t already paid, you will still be responsible for paying all subscription fees for the whole of the current subscription period (except when we’ve terminated because your business values or core beliefs conflicted with ours, in which case we’ll refund the portion of the subscription fee that you’ve prepaid for the remaining part of your subscription period).
Suspension: We may suspend all or part of your access and use of our platform and/or services:
if in our discretion we think that you are in breach of these terms;
if in our discretion we think you have breached the guidelines, for example, after receiving a warning you continue to misuse the review reporting functionality or amend your company profile in a way we think misleads or may deceive consumers;
if you fail to pay the full amount of your subscription on time; or
if in our discretion we think your use of our services poses a security risk to our platform.
You will remain responsible for all subscription fees incurred during the period of suspension and you will not be entitled to any refund or credit.
If you are on our free plan:
- Immediate termination or suspension for any reason: We can terminate or suspend access to your business account and/or all or any of our services immediately at any time and for any reason.
For all users, whether you are on our free plan or have a subscription:
- Whether we terminate your subscription or access to your business account, these terms will still apply to anything that happened before we terminated.
Liability and indemnity
This section is important as it outlines responsibility and liability between us and you, so we urge you to read it closely and in full.
Disclaimer of warranties: our services and websites are made available to you on an “as is” basis. We and our affiliates disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability and fitness for a particular purpose.
Limitation of liability: other than liability that we can’t exclude or limit under applicable law, our and our affiliates’ liability in connection with our services or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:
We and our affiliates have no liability arising from your use of our services for any loss of revenue or profit, loss of goodwill, loss of customers, loss of capital, loss of anticipated savings, damage to reputation, loss in connection with any other contract, or indirect, consequential, incidental, punitive, exemplary or special loss, damage or expense (including legal costs).
We and our affiliates are not responsible or liable for your conduct, any consumer’s conduct and/or any other third-party’s conduct on our platform or use of Ha Giang Review services, including any user generated content.
Our and our affiliates’ total aggregate liability to you in any circumstances is limited to the total amount you paid us for our services in the 12 months immediately preceding the date on which the claim giving rise to the liability arose.
You indemnify us: You will pay us and each of our affiliates on demand the amount of all losses, costs (including legal costs), expenses, demands or other liabilities (whatever their nature and whether or not they are avoidable or foreseeable) that we or our affiliates incur or suffer arising out of, or in connection with:
a third-party claim against us (or any of our affiliates) relating to your use of our services or any content you provide (such as the review invitations sent to your consumers or your user generated content); and
a claim against us (or any of our affiliates) by you and/or any of your affiliates (and/or any of your or your affiliates’ officers, directors, employees, contractors, agents, shareholders) related to user generated content.
This section outlines how disputes may be resolved.
- Dispute resolution: Most of your concerns can be resolved quickly and to everyone’s satisfaction by contacting us through support.hagiangreview.com. If you and we are not able to resolve the issue, you and we agree to bring claims only in the courts of general jurisdiction in the applicable venue listed in section 60.
Please take a look over these additional terms.
No professional advice: Ha Giang Review isn’t in the business of giving any kind of professional advice. We may provide you with information we think might be useful, like our template suggestions for the review invitations you send to your consumers or the insights and analytics you access through your business account, but this should not be seen as advice and we aren’t liable for your use of the information or the conclusions you make from it.
Changes to these terms: We can make changes to these terms from time to time. We’ll try to let you know of material changes beforehand if we can - unless we need to make those changes immediately for reasons outside our control, like a change in law. If a change isn’t material, we may not notify you. The new terms will not apply retrospectively to your use of our services before the terms changed, but the new terms will immediately apply to you without any further acceptance, confirmation or action by you. You can keep track of changes to our terms by referring to the version and the date last updated written at the top of the terms.
Changes to our services: We may change or discontinue one or more of our services from time to time in our discretion. If we make material changes to the functionality of one of our services, you can contact us and, in our discretion, we’ll either refund the portion of the subscription fee for that service that you’ve prepaid for the remaining part of your subscription period - or give you credit that you can use during the remaining part of your subscription period towards other services that we provide.
Events outside our control: We do our best to control what we can. We or our affiliates aren’t liable to you for any failure or delay in performance of any of our obligations under these terms arising out of any event or circumstance beyond our reasonable control.
Notices: Any notice you send to Ha Giang Review must be sent to firstname.lastname@example.org. Unless we say otherwise in these terms, any notices we send to you will be sent to the email address you’ve provided to us through your business account.
Blocking your access, disabling your subscription, or refusing to process a payment: As our sites are global, different laws may apply in different countries that restrict our relationship with you. We may block your access, terminate your subscription, or refuse to process a payment if we reasonably believe there’s a risk - like a potential breach of a law or regulation - associated with you, your business, your subscription, or a payment. Examples of where we might do this include transactions where the payment is from a sanctioned person or country; or where we reasonably believe there is a legal or regulatory issue. You promise that you’re not located in a sanctioned country and are not on a sanctioned persons list. We may also stop users or business accounts from a country if we can’t receive payments from that country. You should check what payment methods are available in your country for making payments. We may take any of these actions without notice.
Transfer: We may assign, transfer or sub-contract any of our rights or obligations in these terms to any other entity or firm in our discretion. You may assign, transfer or subcontract your rights and/or obligations, but only with our advance written consent. Any change in the direct or indirect control of the domains receiving our services (by selling them or otherwise) will be treated as a transfer by you that requires our advance written consent.
Survival: Any section or part of a section that, by its nature, is stated or intended to survive expiry or termination of these terms will continue to apply to you and us even after the terms are terminated (including the Liability and indemnity section).
Entire agreement: When you agree to these terms, they (and any commercial materials regarding your current subscription, if any) constitute the entire agreement between you and us in relation to its subject matter and supersede anything we may have previously discussed or agreed.
Language: All communications and notices made under these terms must be in Vietnamese. If we provide a translation of these terms, the Vietnamese language version will take precedence.
Enforcement of terms: If there’s any part of these terms that either you or we are legally unable to enforce, that part will be ignored but everything else will remain enforceable.
Interpretation: Words like ‘include’, ‘like’, and ‘for example’ are not words of limitation and where anything is within our discretion we mean our sole discretion.
Our contracting entities; law and venue: Our contracting entities are listed below along with what law and venue apply in any dispute between you and us, unless notified otherwise in commercial materials provided to you when you sign up. If you’re contracting from a region outside of Vietnam, we will notify you of the entity you’re contracting with on the commercial materials we provide to you when you sign up.