TERMS AND CONDITIONS
CONTRACTUAL RELATIONSHIP
Our www.redblue.vn website (“Site”), Operation Portal, and Mobile App (as such terms are defined below), and related offers, promotions, applications, programs, and products (all of the foregoing in this sentence collectively referred to as the “Services”). The Site is owned and operated by Red & Blue Technology Company Limited (collectively, with its subsidiaries and affiliates, “R&B”, “we”, “us” or “our”). References to “you” or “your” mean you as a casual visitor, someone who has created a user account for receiving information from us, user of our Services, member, account holder, or customer, as applicable. These Terms of Service (“Terms”) govern the use of electric vehicle charging and support services for plug-in electric vehicles (“EVs”) through R&B charging stations and related equipment, service plans, billing services, the Site, Operation Portal, and Mobile App.
THESE TERMS ARE IMPORTANT. THEY AFFECT YOUR RIGHTS. PLEASE READ THESE TERMS CAREFULLY AND MAKE SURE THAT YOU UNDERSTAND EACH PROVISION AS THEY CONTAIN IMPORTANT INFORMATION ABOUT THE SERVICES PROVIDED TO YOU. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. PLEASE CAREFULLY REVIEW SECTION 8 OF THESE TERMS FOR MORE INFORMATION. THESE TERMS LIMIT R&B’S LIABILITY AND THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, do not access or use our Site, Operation Portal, Mobile App, or Services. These Terms expressly supersede prior agreements, understandings, or arrangements with you regarding the subject matter of these Terms. Separate supplemental terms may apply to certain Services, such as policies for a particular service plan, program, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, these Terms for the purposes of the applicable Services.
Updates to the Terms
R&B may amend these Terms from time to time. Amendments will be effective as of the date R&B has posted such amendments on R&B’s website at https://www.redblue.vn/generaltermsandconditions. Your continued access or use of the Services after such notice and posting confirms your consent to be bound by the Terms, as amended. If you disagree with the amended terms, do not continue to use the Services.
Personal Information
R&B collection and use of Personal Information in connection with the Services is defined and described in R&B Data Protection Policy located at http://www.redblue.vn/data-protection-policy.html/, which may be amended from time to time (“Data Protection Policy”). Our Data Protection Policy is incorporated into and forms part of these Terms.
ACCOUNTS
Registration
In order to use most aspects of the Services, you must register for and maintain an active personal account with R&B (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account or use Services. Account registration requires you to submit to R&B certain Personal Information, such as your name, address, mobile phone number, age, and at least one valid payment method supported by R&B. By agreeing to the Terms you represent (i) that you are at least 18 years old and reside in a state, region, or country in which the Services may legally be provided, (ii) you are the person whose name and other information have been provided for the account that you have or are creating, (iii) that you have not previously been suspended or removed from the Services, and (iv) that your registration and your use of the Services is in compliance with any and all applicable laws and regulations. If you are using the Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in additional fees and/or your inability to access or use the Services.
All the information that you supply to us in creating your user account must be accurate. You are responsible for maintaining the confidentiality of your account and password. We may reject any user name that violates these Terms, including any user name that uses another person’s identity. You are responsible for authorizing, deauthorizing and administering Account access. You are responsible for maintaining confidentiality of all passwords. Unless otherwise permitted by R&B in writing, you may only possess one Account. You may not authorize third parties to use your Account.
We may use the email you provide to us in your user account profile to provide you with service messages and updates. By becoming a user, you are consenting to the receipt of these communications.
Access Credential
After completing registration for an Account, you will be permitted access Services using a valid authentication method, which may a mobile authentication method, and/or other method (collectively, “Access Credential”) which will be linked to your Account. Your Access Credential will enable you to use R&B electric vehicle charging stations across the R&B network (“R&B Charging Stations”) to charge your EV. You agree that you are responsible for all charges incurred through use of the Access Credential assigned to you and linked to your Account. In the event of a lost or stolen Access Credential, you are responsible for immediately notifying R&B by sending an email to info@R&B.vn. You agree to be liable for any and all charges incurred due to usage of the lost or stolen or unauthorized access to your Access Credential (unless due to R&B negligence) until R&B has been notified.
Modification and Termination
To modify or terminate your Account or Services, (a) login to the Operation Portal or Mobile App and follow the modification and/or termination instructions provided therein, (b) email info@R&B.vn with “Attention: Accounts” in the subject line
R&B may immediately terminate these Terms or terminate or suspend any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason in its sole discretion. If R&B elects to terminate your Account and/or your use of the Services, then you will be responsible for payment for any Services used, but not yet paid for, and any other fees due hereunder, as of the date of such termination. In addition, if applicable, R&B may collect damages from you in connection with any breach of the Terms by you and may exercise any other remedy available to R&B hereunder, at law or in equity.
Upon termination of Services or your Account, your method of payment will be charged for any unbilled amounts and any other fees due hereunder.
CHARGING SERVICES
Host Property Restrictions
R&B Charging Stations may be located and hosted on a third party’s property (such third party is referred to as a “Host”). As such, you agree to observe and obey any and all rules set by Hosts pertaining to their property and the use of R&B Charging Stations on such Host properties, including, but not limited to, general customer or visitor conduct, parking restrictions, parking time limitations, and hours of operation. You are solely responsible for any damage, fees, penalties or loss caused by your noncompliance of any Host rules.
Support
In the event of any equipment malfunction or other technical issue with your Access Credential or an R&B Charging Station, please call the contact number located on the Mobile App. To ensure the quality of the Services, you consent to R&B monitoring and recording calls between you and R&B. We normally delete the files containing these calls every ninety days but, we reserve the right to retain them if we believe retention is needed. In the event of any equipment malfunction or other technical issue with an Out-of-Network Charging Station (defined below), please call the contact number located on the Out-of-Network Equipment.
IN THE EVENT OF AN EMERGENCY OR ANY SITUATION THREATENING SERIOUS INJURY TO PROPERTY OR HUMAN LIFE, IMMEDIATELY DIAL (028) 6650 0553 AND FOLLOW THE INSTRUCTIONS YOU ARE GIVEN.
Restrictions
You agree to comply with all applicable laws and regulations when accessing or using the Services, and you may only access or use the Services for lawful purposes.
You may not use the Services (i) in any way that could cause harm, nuisance, annoyance, inconvenience, damage or adversely affect any person or R&B reputation or property, including R&B Charging Stations, or (ii) in any way prohibited by these Terms, any supplemental terms or other R&Bpolicies. Additionally, you may not attempt to repair, physically modify, reverse engineer or derive source code from any R&B Charging Station. You acknowledge and agree that the manufacturer of all R&B Charging Station equipment has reserved all right, title, and interest in and to intellectual property associated with R&B Charging Station equipment and that you shall take no action that would cause, or by inaction permit, any impairment of any right, title, and interest of the manufacturer in such intellectual property and to otherwise respect the legal rights of the manufacturer.
WEBSITE; OPERATION PORTAL; MOBILE APP
License, Use & General Restrictions
Subject to your continued compliance with these Terms, R&B grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use R&B website (the “Site”), Operation portal (“Operation Portal”), mobile application (the “Mobile App”) and related services solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Site, Operation Portal, and/or Mobile App, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by R&B.
The Operation Portal and Mobile App provide information regarding your Account and R&B Charging Stations, including R&B Charging Station locations, trip mapping, and other content and features R&B may make available, and provide you general access to utilize the Services. You are responsible for all use of the Operation Portal and/or Mobile App under your user name and/or by use of your password.
You may provide links to the Site, provided that (i) you do not remove or obscure, by framing or otherwise, any advertisements, copyright notice, or other notices on the Site, (ii) your site does not engage in illegal or pornographic activities, and (iii) you discontinue providing links to the Site immediately upon request by R&B.
You acknowledge and agree that R&B may modify the Site, Operation Portal and/or Mobile App in any way and at any time, with or without notice. You further acknowledge and agree that, while R&B has attempted to provide accurate information on the Site, Operation Portal and/or Mobile App, such information may change frequently and in no event will R&B be responsible for the accuracy, timeliness, reliability, usefulness, or completeness of any information, materials, or other content, or that any such information, materials, or other content is the most up-to date. R&B does not represent or warrant that the Site, Operation Portal or Mobile App will be error-free, free of viruses or other harmful components.
You may not: (i) remove, obscure, or modify any copyright, trademark or other proprietary notices from any portion of the Site, Operation Portal and/or Mobile App; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Operation Portal, and/or Mobile App except as expressly permitted by R&B; (iii) decompile, reverse engineer, or disassemble the Site, Operation Portal, and/or Mobile App except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Site, Operation Portal, and/or Mobile App; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Site, Operation Portal, and/or Mobile App or that unduly burden or hinder the operation and/or functionality of any aspect of the Site, Operation Portal and/or Mobile App; (vi) attempt to gain unauthorized access to or impair any aspect of the Site, Operation Portal, and/or Mobile App or its related systems or networks; (vii) impersonate or attempt to impersonate us, our employees, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or, (viii) attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
Third Party Content; Merchants
R&B may advertise certain offerings from third-party providers (“Merchants”) in connection with the Site, Operation Portal, or Mobile App. You understand that R&B does not operate or control the products or services offered or provided by Merchants and is not responsible for information provided by you to Merchants. All agreements, rules, policies (including Data Protection Policy), and operating procedures of Merchants will apply to you while on any Merchant sites. Merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. R&B is not a party to the transactions entered into between you and any Merchant. R&B and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY R&B, EXPRESSED, IMPLIED, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES IS R&B LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND ANY MERCHANTS, ANY INFORMATION APPEARING ON MERCHANTS’ SITES OR ANY OTHER SITE LINKED TO OUR SITE OR ANY PRODUCTS OR SERVICES OF SUCH MERCHANTS.
The Site, Operation Portal, or Mobile App may contain advertising, sponsorships, or links to other websites. R&B is not responsible for the content, accuracy, or opinions express in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by R&B. Inclusion of any linked website does not imply approval or endorsement of the linked website by R&B. If you decide to access these third-party sites, you do so at your own risk. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site, Operation Portal, or Mobile App is accurate and complies with applicable laws and regulations. R&B is not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site, Operation Portal, and Mobile App and the content and materials provided therein.
For more information about R&B collection and use of Personal Information in connection with the Services, please read our Data Protection Policy, located at: http://www.redblue.vn/data-protection-policy.html.
PRICING & PAYMENT
You understand that use of the Services may result in charges to you for the services or products you receive (“Charges”). Details of Services, pricing for such Services, and any supplemental terms offered by R&B (collectively, a “Plan”) are located in your online Account and on the Site. Please login to your Account or visit the Site for further information on your Plan.
Pricing
Unless your Plan specifies otherwise, R&B reserves the right to establish and revise Plan pricing, including membership fees and time or usage-based rates, at any time in R&B sole discretion. Further, you acknowledge and agree that some aspects of Plan pricing are based on certain geographical areas, and, therefore, pricing may vary according to the location of the R&B Charging Station. You may view current Plan pricing on the Mobile App and/or the Site. R&B will use reasonable efforts to inform you of material changes in Plan pricing that may apply to you, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of pricing. All Charges paid by you are final and non-refundable, unless otherwise determined by R&B.
R&B may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. If you are receiving a free trial or Promotional Program not associated with a Plan, you may be placed on a successor Plan at the end of such trial or program. Any such Plan will have no monthly fee and will provide you with access to R&B Charging Stations.
Payment & Invoice
Payment of the Service Fee will be made before charging (“the prepaid service”).
You need to top up your account on the Mobile App to start using the R&B Charging Station Service.
Topping up your account can be done by using the Top Up Function in the Mobile App applying for the cashless payment methods including bank transfer, debit/credit card and e-wallet. By selecting a payment method to top up your R&B account, you have agreed on all terms and conditions of using the services provided by R&B. After successful top-up, you will receive a payment receipt via email. At the same time, if you register to receive e-invoice, e-invoice of the charging station service fee will be sent via the registered email after the successful prepaid payment.
At the end of each charging session, the used charging station service fee will be deducted from your account balance.
Suspension of Service
Suspension. We may suspend your account and access to the Service, with or without notice, if you violate any provision of these Terms.
The Effects of Account Suspension. Upon any suspension of your account, all Service associated with your account will be suspended or otherwise made inaccessible until and unless all issues are addressed and resolved by you, to our satisfaction, and within the time frame we specify. During any suspension of your account or any individual Service, you will not be permitted to: (i) add, upgrade, downgrade or modify any of the Service; (ii) request an emergency restoration; (iii) transfer any Service; (iv) access any of the websites, email accounts or Content associated with the suspended Service or account. You agree to hold us harmless from and against any and all claims, losses or damages arising from any suspension of your account or the individual Service.
Term; Termination
Term. These Terms shall commence upon your use of the Site or the Service and shall continue until terminated.
Termination.
We reserve the right to deactivate any accounts which have not been active for at least six (6) months.
We reserve the right to delete data in deactivated accounts.
We reserve the right to stop providing the Site or the Service to you or access to the Site at any time for any reason and without prior notice.
We reserve the right, in our sole discretion, to close your account, without prior notice, for any one or all of the following: (i) if you breach, whether intentionally or unintentionally, any of these Terms, any supplemental rules and guidelines, any of the terms and conditions of the respective service providers, or any of our rights; (ii) if we receive notice that you or your company will be or are/is subject to insolvency proceedings; (iii) upon our receipt of any third party chargeback associated with any payment method tendered as payment on your account; (iv) if we do not receive a written response from you within 48 hours of any notice sent to you by our abuse department; (v) if, in our judgment, your use of the Site or the Service has the potential to pose any harm to us, any of our affiliates, partners, service providers or customers; (vi) if a hacked script or otherwise compromised website is discovered on our systems at the Service in use by you; (vii) if an unusual spike in resource usage is detected by our systems resulting in an account far outstripping the allotted resources; (vii) if you fail to cure any suspension of your account or any individual Service, to our satisfaction, and within the time frame we specify; or (ix) if, in our judgment, we have received too many complaints about your User Content (where submission of User Content is permitted). In the event of any such closure of your account, you will not be eligible for a refund of any fees and you may be prohibited from reopening your account, opening a new account or accessing any existing account. You agree that we shall not be liable, in any way, for any closure pursuant to this section of the Terms.
Upon any closure of your account: (i) these Terms and all rights granted under these Terms shall cease immediately (except those expressly surviving or which by their nature would survive); (ii) all access to the Service and your account will cease immediately; and (iii) all of your data will (at our option) be deleted from our servers and backup systems and we may not have or keep backup of the data and User Content. You agree to hold us harmless from and against any and all claims, losses or damages arising from any closure of your account. Any and all sections in these Terms which impose obligations continuing in their nature shall survive closure or otherwise continue to remain in full force and effect even after account closure. You are not permitted to access your account or any of the Service formerly associated with your account following any closure.
Taxes
You agree that you will be solely responsible for paying all direct or indirect federal, state and local taxes, duties, levies, premiums, fees and other assessments of any kind even if R&B is required by law to collect and remit to the applicable governmental authority with respect to your use of the Services (including any charging station, if applicable) that R&B provides to you, together with all interest, penalties or other additional amounts imposed thereon, including, without limitation, any gross receipts, sales, consumption, use, value added, commercial activity or other privilege, property, road or other transportation tax or any other taxes of any kind whatsoever imposed by any governmental authority. These charges may change from time to time without advance notice. Tax exemptions for the Services will require a valid exemption certificate. Tax exemptions will not be applied retroactively.
DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY
Availability
R&B shall use commercially reasonable efforts to provide continuous access to the Services and/or (ii) make available the R&B Charging Stations, in each case pursuant to these Terms. R&B does not guarantee that the Services will be accessible at all times. The Services may be unavailable during maintenance periods or during an emergency. In addition to normal maintenance, there may be events that will make the Service inaccessible for a limited amount of time due to unforeseen circumstances. R&B reserves the right to change your password if R&B believes it is not secure. R&B has the right to refuse access to the Services. R&B has right to cease offering the Services at any time and in R&B sole discretion.
DISCLAIMERS
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” ALL WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ALL OTHER SIMILAR WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED WITH RESPECT TO (I) R&B CHARGING STATIONS AND RELATED EQUIPMENT, (II) INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE, OPERATION PORTAL, OR MOBILE APP, AND (III) THE SERVICES, EXCEPT AS SET FORTH IN THESE TERMS. IN ADDITION, R&B MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR PRODUCTS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED, AVAILABLE OR OPERATIONAL AT ANY PARTICULAR LOCATION OR AT ANY PARTICULAR TIME, OR THAT THEY WILL BE ERROR-FREE OR VIRUS-FREE. FURTHER, R&B AND ITS AFFILIATES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED BELOW.
R&B DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY, OR ABILITY OF MERCHANTS OR THIRD-PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR PRODUCT REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
You are solely responsible for ensuring that your EV’s battery is sufficiently charged to meet your needs and that all charging is done in accordance with the manufacturer’s recommendations regarding the type, frequency and duration of charging.
Limitation of Liability
NOTWITHSTANDING ANY OTHER PROVISIONS OF THE TERMS OF A PLAN TO THE CONTRARY, REGARDLESS OF THE LEGAL OR EQUITABLE BASIS OF ANY CLAIM, IN NO EVENT SHALL R&B OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SUBJECT MATTER OF THESE TERMS, THE TERMS OF A PLAN, ANY ERRORS IN OR OMISSIONS FROM THE SITE, OEPRATION PORTAL, MOBILE APP, OR ANY SERVICES OR PRODUCTS OBTAINABLE THEREFROM, THE UNAVAILABILITY OR INTERRUPTION OF THE SITE, OPERATION PORTAL, MOBILE APP, OR ANY FEATURES THEREOF, YOUR USE OF THE SITE, OPERATION PORTAL, OR MOBILE APP, THE CONTENT CONTAINED ON THE SITE, OPERATION PORTAL, OR MOBILE APP OR ANY DELAY OR FAILURE IN PERFORMANCE BEYOND THE CONTROL OF ANY AFFILIATE, INCLUDING, BUT NOT LIMITED TO, DAMAGES THAT RESULT FROM THE PERFORMANCE OR NONPERFORMANCE OF R&B OBLIGATIONS UNDER THESE TERMS OR THE TERMS OF A PLAN, YOUR USE OF ANY R&B EQUIPMENT, INSTALLATION OF R&B EQUIPMENT, R&B ACTS OR OMISSIONS RELATED TO A PLAN WHETHER OR NOT ARISING FROM SOLE, JOINT OR CONCURRENT NEGLIGENCE, STRICT LIABILITY, VIOLATION OF LAW, BREACH OF CONTRACT, BREACH OF INDEMNITY PROVISIONS, BREACH OF WARRANTY OR ANY OTHER THEORY OR SOURCE WHETHER OR NOT FORESEEABLE AND EVEN IF R&B HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND YOU HEREBY RELEASE R&B FROM ANY SUCH EXCLUDED DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIMIT OF R&B LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY IN TORT OR BY STATUTE OR OTHERWISE) TO YOU FOR ANY MATTER RELATED TO THESE TERMS, THE TERMS OF A PLAN, YOUR USE OF R&B EQUIPMENT, THE INSTALLATION OF R&B EQUIPMENT, THE MOBILE APP, THE OPERATION PORTAL, AND THE SITE SHALL NOT IN THE AGGREGATE EXCEED THE TOTAL AMOUNT OF THE FEES PAID BY YOU WITH RESPECT TO THE SERVICES DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN R&B AND YOU. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE, OPERATION PORTAL, MOBILE APP, OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS.
Indemnification
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS R&B, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, PARTNERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AND AGENTS FROM AND AGAINST ALL THIRD-PARTY ACTIONS, CAUSES OF ACTION, CLAIMS, DEMANDS, LOSSES, COSTS, DAMAGES, DEFICIENCIES, JUDGMENTS, LIABILITIES, PENALTIES, FINES, ASSESSMENTS, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES AND COSTS OF LITIGATION) WHICH THEY OR ANY OF THEM SUFFER OR INCUR RESULTING FROM, BY REASON OF, ARISING OUT OF OR IN CONNECTION WITH: (I) PERSONAL INJURY, BODILY INJURY, INCLUDING FATAL INJURY TO, OR LOSS OF OR DAMAGE TO THE PROPERTY OF, ANY PERSON OR ENTITY WHATSOEVER (INCLUDING THE PARTIES HERETO) ARISING OUT OF OR IN CONNECTION WITH YOUR, OR ANYONE USING YOUR ACCESS CREDENTIAL, (II) YOUR NEGLIGENT USE OF THE SERVICES, (III) ANY BREACH BY YOU OF ANY REPRESENTATION, WARRANTY, AGREEMENT, OBLIGATION, OR COVENANT MADE BY YOU TO R&B INCLUDING IN ANY PLAN, AGREEMENT, CERTIFICATE, DOCUMENT, SCHEDULE, ANNEX, OR OTHER INFORMATION RELATING TO OR DELIVERED PURSUANT HERETO, (IV) ANY ACTUAL OR PROSPECTIVE CLAIM, LITIGATION, INVESTIGATION, OR PROCEEDING RELATING TO ANY OF THE FOREGOING, WHETHER BASED ON AGREEMENT, TORT, OR ANY OTHER THEORY, WHETHER BROUGHT BY A THIRD PARTY OR BY YOU, OR (V) YOUR USE OF THE SITE, OPERATION PORTAL, OR MOBILE APP.
ARBITRATION AGREEMENT
This Section sets forth the terms of an arbitration agreement between you and R&B.
ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. YOU AGREE THAT NEITHER YOU NOR R&B WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY, AND EACH PARTY HEREBY WAIVES ANY RIGHT TO ASSERT CONSOLIDATED CLAIMS WITH RESPECT TO ANY DISPUTES SUBJECT TO ARBITRATION UNDER THESE TERMS OR ANY DISPUTES BETWEEN THE PARTIES. NO ARBITRATION OR PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS. ALSO, YOU AGREE THAT YOU ARE PRECLUDED FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION BROUGHT AGAINST R&B BY SOMEONE ELSE.
Agreement to Binding Arbitration Between You and R&B
You and R&B agree that any dispute, claim or controversy arising out of or relating to (a) these Terms and the Terms of any Plans or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and R&B, and not in a court of law.
You acknowledge and agree that you and R&B are each waiving the right to a trial. However, you and R&B each retain the right to bring an individual action to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, breach of confidentiality, or other breach of these Terms for which equitable relief may be available.
Rules & Governing Law
This Terms of Service shall be governed by the laws of the Viet Nam, without regard to the conflicts of law principles thereof. Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by the court in Ho Chi Minh City
Changes
Notwithstanding the aforementioned provisions of Arbitration Agreement, regarding consent to be bound by amendments to these Terms, if R&B materially changes the terms of the Arbitration Agreement after the date you first agreed to the Terms, you may reject any such change by providing R&B written notice of such rejection within 30 days of the date such change became effective.
Indemnity
You agree to indemnify, defend and hold harmless the Company, and our shareholders, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees (collectively, the “Indemnified Parties”), at your expense, from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable legal fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to (a) the hosting, operation, management and/or administration of the Services by or on behalf of us, (b) your violation or breach of any term of these Terms of Service or any policy or guidelines referenced herein, or (c) your use or misuse of the Services, or (e) your breach of any law or the rights of a third party.
SEVERABILITY
If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.
DISCLAIMER
We are not a bank or other chartered depository institution, nor an issuer of any credit cards, debit cards, savings account or other prepaid payment service method (“Payment Instrument”), unless expressly stated otherwise.
THESE TERMS OF SERVICE DO NOT AMEND OR OTHERWISE MODIFY YOUR AGREEMENT WITH THE ISSUER OF YOUR PAYMENT INSTRUMENT, AND YOU ARE RESPONSIBLE FOR ENSURING YOUR USE OF SOFTWARE COMPLIES WITH ALL SUCH AGREEMENTS. IN ADDITION, YOU ARE RESPONSIBLE FOR ALL CHARGES AND/OR DEBITS TO YOUR PAYMENT INSTRUMENT RESULTING FROM ANY PURCHASES MADE FROM THE ACCOUNT IN ACCORDANCE WITH SUCH AGREEMENTS. IN THE EVENT OF ANY INCONSISTENCY BETWEEN THESE TERMS OF SERVICE AND YOUR AGREEMENT WITH THE ISSUER OF YOUR PAYMENT INSTRUMENT, THESE TERMS OF SERVICE GOVERN THE RELATIONSHIP BETWEEN YOU AND US SOLELY WITH RESPECT TO THE SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR PAYMENT INSTRUMENT AND WE ARE NOT RESPONSIBLE FOR THE ACCURACY, OR AVAILABILITY OF ANY INFORMATION YOU ENTER OR OTHERWISE STORE IN THE SOFTWARE INCLUDING, WITHOUT LIMITATION, WHETHER SUCH INFORMATION IS CURRENT AND UP-TO-DATE.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY US OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICES, THIS FACILITY OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS FACILITY AND/OR THE SERVER THAT MAKES SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.
YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE FACILITY AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN PARTICULAR, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THE SECURITY CODES PROVIDED TO YOU AND YOU MAY NOT CLAIM AGAINST US FOR ANY LOSS OR DAMAGES RESULTING FROM YOUR FAILURE TO DO SO.
Any downloading of data from our system is done solely at your risk, and we do not warrant that such data or our system is free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros.
If you send funds to the wrong party or sent a wrong amount, we may choose to assist you out of goodwill in contacting the party that received the funds to ask for a refund. However, we will not be liable to reimburse any payment or to reverse any Transaction that you have made as a result of your error or negligence.
GENERAL
These Terms, including, but not limited to, the Data Protection Policy (and updates to these Terms and the Data Protection Policy), and any other terms agreed to in writing by the parties or by way of your use of the Site or the Services shall constitute the entire and exclusive understanding and agreement between you and R&B regarding this subject matter, and shall supersede any and all prior or contemporaneous representations or understandings relating to this subject matter. The headings of sections and paragraphs in these Terms are for convenience only and shall not affect its interpretation. You may not assign, transfer or convey (collectively, “assign” or its variants) these Terms, in whole or in part, your Plan, or your Account, Login Credential, or password without R&B prior written approval R&B may assign these Terms, in whole or in part, without your consent. Any purported assignment in violation of this section shall be of no power or effect. No joint venture, partnership, employment, or agency relationship exists between you, R&B or any third-party provider as a result of these Terms, your Plan or use of the Services. If any provision of these Terms or the terms of any Plan are held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. R&B failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by R&B in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms. Applicable provisions of these Terms will continue in effect after termination or expiration of a Plan or Account to the extent necessary, including those for billing adjustments and payments, indemnification, limitations of liability, and dispute resolution. R&B rights under these Terms shall survive any termination of these Terms.
CONTACTING US
If you have complaints, feedback or believe a User on our Facility is violating these Terms of Service, please contact us: using our Contact Us function located under contact us page www.redblue.vnOur www.redblue.vn; or through info@redblue.vn;