TERMS AND CONDITIONS

Latest amendment in November 2019

Rights to access to the Website granted by VIBEJI CO. LTD (“Company”, “Vibeji”, “we" or “our” or “us”) would be subject to these Terms of Use and our Privacy Policy (“Website”). Please carefully read these Terms of Use. By accessing this Website (including our platform), you agree to be bound by these Terms of Use and our Privacy Policy. You must be at least sixteen (16) years old or older to use this Website. If you do not accept any of these Terms of Use and/or the Privacy Policy, please stop accessing this Website immediately.

We may change these Terms of Use and/or the Privacy Policy from time to time and post a revised version on this Website, the revised versions will take effect immediately upon posting. We are not obligated to individually notify you of any changes. Your continued access to this Website after the revised Terms of Use or Privacy Policy become effective will constitute your unconditional acceptance of the revised Terms of Use or Privacy Policy.

Please note that during the Website is open to allow public accesses, we will provide services through the platform accessible on this Website and they will only be available to registered users of the Website ("Users").

A. SCOPE OF OUR SERVICES

Through the Website, Vibeji provides an online platform and tool where you can search and sign up for different experiences, entertainment and learning activities (“Services”), organized and led by the Service Host ("Hosts") of the service. By making a registration/booking order through the Website, you may register/reserve your participation in events, activities or use of products/services of the Hosts. We will send a confirmation of the registration/booking/registration order via the email confirmation. We reserve the rights to refuse a registration/booking/registration order based on the Company's scope of services as set out below:

1. Any access to and use of this Website (including any submitted content, posts or any other form of transmission) will be governed by these Terms of Use. Any access to this Website from territories where the contents of the Website is considered illegal is prohibited. If you choose to access this Website from outside Vietnam, it is your sole discretion and you will be liable for the compliance with the laws in the territory from where you select to access.

2. WEBSITE and the contents of this Website, including but not limited to services, products, information, data, text, graphics, audio, video, links (by third parties or others), advertising or other contents ("Contents") are provided “as it is” and on an “as available” basis . The Company does not make any guarantees, warranties or commitments (as the case may be), whether express or implied, to any individual in any form, including:
   1. the availability of this Website and the platform for any viewing, transaction or account management purposes and there will be no disruption or error with respect to any features or functions of this Website;
   2. in connection with any title relating to this Website and the Website’s Contents, or any infringement of third party rights;
   3. that the Website or its servers will be free of viruses, malware or other harmful or malicious components, destructive or damaging code, spyware or macros;
   4. that the Website will be compatible with all software and hardware or the Website will be secured;
   5. that the Website has its ability or quality to meet any general or specific purposes;
   6. that the information on this Website is complete, true, accurate, not misleading, reliable or valid;
   7. that any defects and/or errors on this Website will be promptly or promptly corrected;
   8. any content, services, products, materials or information included in any third party link or Website or provided by the Hosts. Although we will use our professional skills and care in our service, we do not endorse, and do not guarantee that information provided is accurate, complete, appropriate or current, and we are not liable for any errors (including typographical and typing errors), obstacles (whether due to damage, temporary repair or upgrade and/or locally to the Website or other reasons), inaccuracy, misleading or false information or the inability to transfer information. This includes all information on the Website or other platforms which is related to any event, activities, topics or any other products/services posted on the Website.

3. In no event the Company (or its employees, agents, directors or shareholders) shall be responsible for any Content on this Website, including (without limitation) any errors or omissions in any Content, or for any loss or damage of any kind arising from your use of this Website or any Content.

4. The Company accepts neither responsibility nor accepts any liability for any loss or damage (whether direct or indirect), for any reason, as a result of or arising from your incapability of use or access to the Website and/or any Content.

5. Changes in market conditions or circumstances that may lead to changes in a short time result in inaccurate or non-current information provided. In case of any problems, the customer service department can contact you to assist you and answer your questions.

6. This Website does not make any representations and may not be construed as making any recommendations or suggestions regarding the level of service quality or ranking of the Hosts listed on the Website. We represent a waiver of any claim, loss or liability for the quality or condition of the existing Hosts and their activities, workshops or experiences listed on the Website (providing experience and entertainment services). The Hosts may be referred to in various rankings based on factors including but not limited to their ratings, rankings or other factors. The ranking given is based on automated algorithms that may be updated and changed from time to time, at our sole discretion.

7. We reserve the right not to accept any User or any booking/registration (or in some cases, cancel the booking/registration confirmation) at our sole discretion for any reason and there is no need to provide a reason for rebuttal/rejection/cancellation. Reasons for refusing a User or making a booking/registration or canceling a booking/registration confirmation may include but are not limited to: violation of these Terms, commercial or economic sanctions by international or national authorities, sanctions, prohibitions, fraud or theft (or signs or suspicion of fraud or theft), suspicion of criminal activity, booking/registration is suspicious, the service is unavailable or the Supplier is no longer providing, the User has provided inaccurate information, false or misleading information, exchange, information, credit card electronic transactions, inappropriate behavior, threats, insults, refusal to provide information, practical obstacles, difficulties or problems in communications, Actual Errors (described below), history violations of these Terms or refusal, or names on any "blacklist" or "watchlist" of governments or international organizations. In case the booking/registration is rejected or canceled by Vibeji and payment has been made, Vibeji will refund the amount (within 48 hours) of the payment without additional charge. We may delete or remove ("Removed") membership of this Website User at any time, temporarily or permanently. Removed Users are prohibited from attempting to use the Website with any other name or through another User (described below in the Fraud Prevention Regulations).

8. In specific cases, we may cancel or reject a booking/registration transaction for "Actual Errors", without depending on the source of the errors. For the avoidance of doubt, Actual Errors are errors on the Website (for example, in terms of price) that no ordinary person deems appropriate or meaningful in the business. The paid amount will be refunded without any additional charges in such case.

B. CANCELLATION

1. Any refund/cancellation request must be sent to Vibeji by email ([email protected]) at least 48 hours before the experience starts. Vibeji does not support refund/cancellation of the service in all circumstances when the service is ready to be provided.

2. To claim a refund for Cancellation, the following policies apply (i) the request for Cancellation must be made within 24 hours of the purchase, and (ii) your booking must be made at least 48 hours before the experience is scheduled to start.

C. SPECIAL REQUIREMENTS

1. In the event of any special requirements regarding booking/registration (e.g., Users who are sensitive or have mild to severe allergies for certain products used in events, the seminar or in the course of providing Service by the Hosts), the User may add requirements when making a booking/registration on the Website or contact the Hosts directly (if applicable). Vibeji, to the best of its ability, will make every effort to provide and ask Hosts to take note of these special information or requests. Requests will be served at Hosts’ discretion and Vibeji, on the basis of availability and other factors.

2. In the event of a change of schedules, Hosts’ service/product plan requested by the User, Vibeji reserves the right to cancel any new booking/registration formed through the process of change of relevant schedule, plan if the original booking/registration is no longer valid.

D. ADVICES ON PRODUCTS/SERVICES

1. By displaying information about Hosts' services, events, workshops, experiences, seminars and other products ("Services/Products"), Vibeji makes no representation or warranty that the use of the Services/Products is good or without risks and Vibeji is not liable for any damage or loss that may result from the use of that Service/Product.

2. We always try to collect the necessary information to provide timely support and action to prevent incidents, criminal acts, robbery, fraud, other law violations or other risks. However, we recognize that the Company does not have sufficient experts and is licensed to assess, detect crimes or notify prevention of risks. Therefore, we recommend that you take full responsibility for your personal safety, illness, fulfillment of legal requirements (for example, the use of alcohol or tobacco), the impact of criminal conduct or other risks that may arise before, after and during the use of the Services/Products by the User. At the same time, please note that Vibeji cannot nor is obliged or responsible to notify you of each or all risks that may arise.

E. RANKING

1. The ratings displayed on the Website are solely for the purpose of providing information to the User, and the existing rankings are based on information provided by third parties, such as suppliers, Users or other websites. We do not verify the rankings given and therefore are not responsible for the accuracy of the current rankings. We, herein, make a disclaimer of any claim, loss or liability for the rankings displayed on the Website.

F. PRICE AND PROMOTION

1. We may offer lower prices and/or promotions from time to time. Please note that such lower prices and promotions relate to different conditions and requirements, for example, regarding booking/registration and refund policies.

F. USER’S ACCOUNT

1. For registration purposes, we will collect and process your personal information such as your name, email and mobile phone number when you register. You must provide us with accurate, complete and up-to-date information and agree to provide us with relevant identification evidence that we may reasonably request.

2. Only you can use your account and you represent and warrant that you will not allow any other party to use your identity or account for any reason, unless Vibeji allows it.

3. You may not transfer or assign your account to any other party.

4. You must ensure the security of your account password and any identifying information we provide to you. In the event of unauthorized use of your account or identity due to your password being disclosed, the order(s) received from such unauthorized use is still considered to be a valid order and we will process the order. You proclaim that Vibeji is not responsible for any loss or damage arising from the misuse of your account.

5. If you no longer have control over your account, you must immediately notify us (e.g. your account has been hacked in any way or your phone has been stolen) so we can temporarily block and/or disable your account properly. Please note that you are responsible for the use of your account and may be responsible for your account even if your account is misused by others.

6. Vibeji reserves the right to temporarily block, delete or deactivate the User account at our sole discretion for any reason and without giving any reason for blocking, deleting or disabling the User account. Reasons to block, delete or deactivate User accounts may include but are not limited to:
   1. violation of these Terms,
   2. prohibitions by regulations,
   3. fraud or theft (or signs or suspicion of fraud or theft),
   4. Having suspected criminal activities,
   5. signs of suspicious order,
   6. Users providing inaccurate, misleading or misleading information,
   7. inappropriate, threatening or abusive behavior,
   8. refusing to provide information,
   9. due to practical obstacles,
   10. difficulty or problem in connecting, or
   11. Users are listed on any blacklist of government or international organizations.

H. DETAILS AND PROCEDURES FOR PAYMENT

1. The payments are made in the amount and currency as stated without any bank guarantee charge or any other fee collected by Vibeji.

2. Vibeji does not directly provide payment services or supports on the Website but will use third-party applications, platforms, payment tools or other solutions that have met the necessary standards and rankings to provide payment services ("Payment Service Provider"). The User, through the use of payment tools or solutions on the Website, agrees to enter into and bind to the Payment Service Provider. Vibeji will, by all means and measures, to the extent necessary and reasonable, carry out the examination and evaluation of service quality and safety of Payment Service Providers as well as assist Users to work with the Payment Service Provider in connection with any incident, technical error or dispute. However, Vibeji hereby reserves the right to waive any liability related to any incident, technical error, dispute or other liability between the Payment Service Provider and the User.

3. Vibeji does not collect taxes or fees. The imposition of any taxes or performance of any tax obligations will be borne by the User and/or Hosts.

4. Payment methods include but are not limited to electronic wallet transfers, bank transfers, credit cards and cash. For payments by bank transfer via electronic wallet, you must provide a transfer receipt as proof of payment for the registration/booking listed in Vibeji's confirmation email or confirmation message in another form by Vibeji. You must follow the procedure outlined in our confirmation email/confirmation message in another form.

5. For other payment methods such as credit cards, you must follow the process prescribed by Vibeji and/or the relevant payment service providers.

6. After you made the full payment, Vibeji will issue a booking/registration order and issue a booking/registration code, with the following information:
   1. Booking reference code;
   2. Customer name;
   3. Booking/Registration Number; and
   4. Booking Information.

I. PAYMENT BY CREDIT CARDS & FRAUD

1. For payment for a booking/registration via this Website, Vibeji will issue to your credit card a payment receipt for the full price at the time of booking/registration and confirmation of the booking/registration (any refund that may be made will be subject to the conditions of the existing booking/registration). You are required to carefully check the booking/registration information before making any transaction. Vibeji will process any refund, if any, within a reasonable time. For some bookings, Vibeji may not charge your credit card and require payment directly to the relevant Hosts. To protect and encrypt your credit card information when it is passed to us, we use encryption technology such as Transport Layer Security ("TLS") or Secure Sockets Layer ("SSL") for our services.

2. In case of credit card fraud or other unauthorized use of your credit card, you are responsible for contacting your bank or card issuer immediately upon being aware of the fraud or unauthorized use of this credit card. In this case, Vibeji disclaims responsibility for any case of credit card fraud or unauthorized use of your credit card by another person, regardless of fraud or authorized use being conducted through the services of Vibeji. Vibeji has no obligation to indemnify or refund the payment as a result of this fraud. We may consider and consent to compensate you in another form as a way of expressing our goodwill. You can only claim when a booking/registration is made via our secured server and unauthorized use of your credit card as a result of our absence or neglect and no errors are caused by you when using a secured server. We have no liability for fraud or unauthorized use of your credit card in the case such fraud is not made through our application or server or the unauthorized use of your credit card is the result of your negligence and error. In case you suspect any unauthorized bookings/registrations or frauds made on Vibeji, you must contact our Customer Support immediately.

3. To make a booking, you must be over sixteen (16) years of age and have full legal capacity to make the transaction (or authorized by your legal guardian). You must use the credit or debit card you own, issued in your name, and make sure you have enough money to cover transaction fees. You are financially responsible for all transactions made on your behalf or on your account.

4. You must ensure that the details you provide us are absolutely true, appropriate and correct. Vibeji reserves the right not to accept some credit cards. Vibeji may add or remove other payment methods at our discretion.

5. In some cases, we may request or provide additional information to validate and confirm a booking, as described in more detail on the Website. Bookings/subscriptions are not confirmed until you have received a confirmation email with an e-ticket or receipt, and it is likely that the Supplier may implement fraud checks in the booking process. If fraud occurs or is determined to occur, the booking/registration will no longer exist or will automatically become invalid. Vibeji will not take any responsibility. If you choose not to provide additional information, the booking will not be completed and will become invalid.

J. GENERAL TERMS

1. The Company reserves all rights to modify the Content, features and functions of this Website, disable this Website and deny or restrict access to this Website to any specific individual, or block access from a specific internet address to this Website, at any time and without any prior notice, without any reason.

2. Names, images and logos ("Trademarks") that identify the Company or third parties and the products and services of third parties are subject to copyright, rights to designs and trademarks of the Company and/or third parties, and all rights to the Trademarks are specifically reserved by Company or related third parties. You have no right or license to download, copy or use any Trademark or Company name whether used as a link to any Website or otherwise, unless consented by the Company or related third parties.

3. This Website may contain links to other websites and online resources not maintained or operated by the Company. You will be solely responsible for the risks of using such third party websites and resources. The Company is not responsible for and does not endorse the availability or content of such third party websites or resources and does not constitute or imply any sponsorship, recommendation or any other relationship between the Company and such third party. The Company will not be responsible for any damage or loss (including any computer viruses, disguised malicious programs, computer worms or similar software or processes) arising out of the content provided on such websites or resources.

4. Any personal data submitted to the Company via this Website or otherwise will be handled in accordance with the Privacy Policy.

5. If you provide or have provided any information (including personal data) related to other individuals, you warrant and guarantee to the Company that you have received your consent of that individual to the collection, use, and disclosure of that person's information as set forth in the Terms of Use and Privacy Policy.

6. To the fullest extent permitted by law, the Company hereby excludes all conditions, warranties, and other provisions that may be provided by these Terms of Use.

7. Without prejudice to any other limitation of liability set forth by the Company in these Terms of Use, the Company, and all its subsidiaries, affiliates, directors, staff, agents, partners and employees will not be responsible for any individual, including, but not limited to, any user of this Website, for any direct, indirect, punishment, incidental, special or consequential compensation, losses, costs, liability due to any cause of action or any damage, including, but not limited to, as a result of, loss due to loss of or use of data, loss of opportunity, loss of goodwill, loss of profits (whether, but not limited to, expected revenue or profit) or loss to third parties, arising out of or in any manner related to the use, incapability of use or subject to any content provided on this Website, whether on a contractual basis, in addition to a contract, serious liability or otherwise, even if the Company or its agents or employees have been informed of the possibility of such damages or losses.

8. Without prejudice to the other terms of these Terms of Use, you hereby undertake to indemnify and warrant each party within Vibeji, and all of its subsidiaries, affiliates, directors, staff, agents, partners and employees are reimbursed at any time from and against all actions, proceedings, costs, claims, costs (including all attorneys' fees on the basis of full compensation), claims, liability, losses (whether direct, indirect or consequential) and damages (whether out-of-contract damage, damages in contract or other damages) arising in any form, including but not limited to third party claims, penalties and claims of regulatory authorities, infringement intellectual property, death, bodily injury, inappropriate computer use, unauthorized or unlawful access to the computer (including but not limited to computer hacking), property damage or money loss that the above parties may incur or pay for arising out of, or in connection with, or your access to and/or use of this Website, whether or not such access or use is permitted or due to any action or inaction of the above parties, your breach of these Terms of Use, violation of any rights of any other person or entity, or your breach of any claim demand, obligations under any law or regulation of law.

9. By accessing this Website, you agree that you will not:
   1. use this Website in any manner that is unlawful, illegal, deceptive, threatening, harassing, vulgar, pornographic, abusive or harmful, or in a way that is offensive, or in connection with any such purpose or activity;
   2. use this Website to defame, abuse, harass, track, threaten or otherwise violate the rights of other individuals or the Company, including but not limited to privacy or publicity rights of other individuals;
   3. impersonate any person or entity, make an inaccurate statement or otherwise misrepresent your affiliation with any person or entity related to this Website or represent or imply Vibeji's endorsement of any statement you make;
   4. interfere with or disrupt the operation of this Website or the servers or networks used to maintain this Website or violate any requirements, procedures, policies or regulations of such networks;
   5. transmit or otherwise distribute any virus, worm, or other computer code that is harmful or invasive or intended to damage the operation of or monitor the use of any hardware, software or any device related to this Website;
   6. remove any copyright, trademark or other proprietary notices from this Website;
   7. use any information found on this Website to solicit or solicit any individual or incite any individual to abandon employment relations with, invest in, seek funding from or any other commercial relationship with Vibeji or this Website; or
   8. insert links to this Website or any part of this Website or "copy" any Content on any other server or Website.

10. Regardless of any content on this Website, your eligibility for any product or service on this Website is subject to Vibeji's approval.

11. If any provision of these Terms of Use or a part of that provision is deemed to be invalid, illegal or unenforceable under any law that such provision is subject to, that provision or any part thereof shall be deemed void, illegal or unenforceable only to the extent that such law exists.

12. An individual who is not a party to any transaction between you and Vibeji has no right under these Terms of Use.

13. These Terms of Use are governed by the laws of Vietnam and you are irrevocably dependent on the exclusive jurisdiction of Vietnamese courts to resolve or handle any dispute that may arise from or in connection with these Terms of Use. In relation to the above dispute resolution, you waive irrevocably, to the fullest extent permitted by law, any objection to Vibeji at this time or in the future regarding the venue resolving any such dispute in any court or whether any such dispute in any such court has been resolved in an inappropriate court.

14. This Website will not be displayed, retransmitted, redistributed, disclosed or reproduced, or relied upon, in whole or in part, by any individual for any purpose without advance consent of the Company.

15. This Website and the Content of this Website only include general and non-constitutive information, and will not be construed as constituting, offering, inviting, consulting or recommending the purchase or sale/supply of any products/services. This Website is not intended to be a specialized advice page on any product/service mentioned, displayed or posted on this Website.

K. ABOUT Vibeji – FAQs

If you have any additional question please refer to the FAQs Section .

L. CONTACT INFORMATION

If you have any questions or need additional information regarding Vibeji's use of the Website as well as any other problems, technical errors or disputes, please contact us at information as follows:

• Email: [email protected]

• Address: Vibeji Culture Hub - 473B Cach Mang Thang 8, Ward 13, District 10, Ho Chi Minh City, Vietnam