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Terms and Conditions of Use

Welcome to Homebase! This Terms and Conditions of Use (this “Terms”) is a binding agreement between you and Homebase Management Company Limited, having enterprise registration certificate no. 0316086807, initial issued on 27 December 2019 by Department of Planning and Investment and its affiliated companies (“Homebase”), apply to your use of this website, any associated mobile sites, applications, or platforms (“the “Site”). The terms, conditions, provisions and notices contained herein govern your use of the Site and the other products, features, apps, services, data, technologies and software offered by Homebase (together with the Site, the “Services”), except where we expressly state that separate terms (and not this Terms) apply.

Please review this Terms carefully.
1.
Using of Homebase’s Services
1.1.
Acceptance of the Terms
1.1.1.
Consent to the Terms. By accepting the Terms and accessing or using the Services, you agree to comply with and be bound by the Terms. If you do not agree to all provisions under the Terms, you should not access or use our Services.
1.1.2.
Changes to the Terms.
(i)
We reserve the right to make changes to the Terms at any time at our sole discretion and without reference to you wherein you consent to the current Terms applicable to you accordingly.
(ii)
The most current version of the Terms will supersede all previous versions. Homebase encourages you to periodically review the Terms to stay informed of our updates. You will be deemed to have accepted this Terms as amended if you continue to access any of our Services after any amendments are posted.
1.1.3.
Authorized Access. You represent and warrant that:
(i)
you have the legal capacity and you agree to comply with the Terms; and
(ii)
you are not a minor in the jurisdiction in which you reside (“Minor”), or if a minor, you represent that you have reviewed these terms and conditions with your parent or legal guardian and that you and your parent or guardian understand and consent to the Terms. If you are a parent or guardian permitting a Minor to use the Services, you agree to: (a) supervise the Minor’s use of the Services; (b) assume all risks associated with the Minor’s use of the Services, including the transmission of content to and from third parties via the Internet; (c) assume any liability resulting from the Minor’s use of the Services; (d) ensure the accuracy and truthfulness of all information submitted by the Minor; and (e) assume responsibility and are bound by the Terms for the Minor’s access and use of the Services
1.2.
Privacy Policy
1.2.1.
Consent to the Privacy Policy. Your use of the Services is subject to Homebase’s Privacy Policy. To learn more about how Homebase protects and handles your personal data and other information provided by you, please carefully read Homebase’s Privacy Policy, which is incorporated and made a part of this Terms.
1.2.2.
Commitment to Accuracy. You represent and warrant that:
(i)
all registration information you submit will be true, accurate, current, complete and relate to you and not a third party; and
(ii)
you will maintain the accuracy of such information and promptly update such information as necessary.
1.3.
Electronic Communications
1.3.1.
Consent to Electronic Communications. Given that Homebase, also through third party companies acting in its name and on its behalf, may use automated calling systems without/with the intervention of an operator to send advertising material or for direct sale or for the undertaking of market research or marketing communications relating to products and services of Homebase, and to deliver communications by means of any kind of electronic devices for the purpose of the previous point (“Disclosures”), you give your consent to Homebase to the use of the telephone number and of the e-mail and correspondence addresses that you have provided to Homebase whether via the Site or by e-mail or by any communication forms (“Consent to Electronic Communications”).  You also agree that Disclosures that Homebase provides to you electronically shall have the same meaning and effect as if provided in paper form, regardless of whether you actually view those Disclosures, unless you have withdrawn your consent prior to receiving such Disclosures.
1.3.2.
Consent to be recorded. You agree that Homebase may record or monitor telephone calls or voice memos for quality assurance. Homebase may also use these records, as well as disclose to Homebase’s employees, staffs, trainers, consultants, agents and other third parties on a need-to-know basis, for the purpose of investigating market research, internal training and supervision.
1.3.3.
Withdrawing Consent. You are free to withdraw your consent at any time. If at any time you wish to withdraw your consent, you can send us your request by submitting a request through contact@gethomebase.com. If you decide to withdraw your consent, the legal effectiveness, validity and/or enforceability of prior electronic Disclosures will not be affected. Homebase will stop sending Disclosures to you then until you revoke your Consent to Electronic Communications.
1.3.4.
Miscellaneous. You agree that Homebase may modify or change the methods of disclosure described herein, and that Homebase may send you Disclosures in paper form at its option.
1.4
Content on the Site
All of the content featured or displayed on the Site, including, but not limited to, logos, icons, trademarks, text, graphics, photographs, images, moving images, sound, illustrations and software (“Content”), is owned by Homebase, its affiliated companies, licensors or its content providers (here after collectively referred to as “Homebase Group”). All elements of the Site including, but not limited to, the general design and the Content, can be protected by copyright, moral rights, database rights, trade mark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Homebase Group, no portion or element of the Site or its Content may be copied or retransmitted via any means. The Site, its Content and all related rights shall remain the exclusive property of Homebase Group unless otherwise expressly agreed. All such rights are reserved.
1.5
Copyright and Trademarks
1.5.1.
Copyright. The copyright in all Content is and remains owned by Homebase Group. Except as may be otherwise indicated in specific documents within the Site, you are authorised to view, play, print and download Content found on the Site for personal, informational, and non-commercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. You may not reuse any Content without first obtaining the consent of Homebase. For purposes of these terms, the use of any such Content on any other Site or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from Content found on the Site.
1.5.2
Software. In the event you download software (including but not limited to screensavers, smart phone applications, icons, videos and wallpapers) from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by Homebase. Homebase does not transfer title to the Software to you. You own the medium on which the Software is recorded, but Homebase retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
1.5.3
Trademarks. All trademarks, service marks, logos and trade names which appear on products of Homebase Group, product packaging and/or on the Site, whether registered or not (the “Trademarks”) remain the exclusive property of Homebase, its affiliated companies or its licensors (as appropriate) and are protected by applicable trade mark laws and treaties. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of the Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without Homebase's prior written consent. The use of any of the Trademarks on any other Site or network computer environment, for example the storage or reproduction of (a part of) the Site in any external internet Site or the creation of links, hypertext, links or deep links between the Site and any other internet websites, is prohibited without the express written consent of Homebase
1.6
Termination/Access Restriction
Homebase reserves the right, in its sole discretion, to terminate your access to the Services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of Vietnam and you hereby consent to the exclusive jurisdiction and venue of courts in Vietnam in all disputes arising out of or relating to the use of the Services. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
1.7
No Unlawful or Prohibited Use
You are granted a non-exclusive, non-transferable, revocable license to access and use the Services strictly in accordance with this Terms. As a condition of your use of the Services, you warrant to Homebase that you will not use the Services for any purpose that is unlawful or prohibited by the Terms. You may not use the Services in any manner which could damage, disable, overburden, or impair the Site or other Services, or interfere with any other party’s use and enjoyment of the Site or other Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site or other Services.
1.8
Indemnification
You agree to indemnify, defend and hold harmless Homebase, for any losses, costs, liabilities and expenses including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or other Services, any user postings made by you, your violation of any of the Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Homebase reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Homebase in asserting any available defenses.
2.
Liability Disclaimer
2.1.
Disclaimer regarding Services
2.1.1
Changes to Errors. The Services may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Homebase may make improvements and/or changes in the Site or in other Services at any time without cause.
2.1.2
No Professional Advice or Prior Agreement. The information, materials and opinions contained in the Site or other Services are for general information purposes only, should not be construed as, whether expressed or implied:
(i)
legal, accounting, financial or tax advice or opinion on any specific facts or circumstances; or
(ii)
prior correspondence, agreements and understandings about the Services with Homebase. It cannot and will not be used to construe any contracts or arrangements that you and Homebase may have related to the Services.
You must not rely on any statement, materials or information published on the Site or obtained through the Services without taking independent legal or other professional advice in relevant jurisdiction(s).
2.1.3.
No Agency Relationship. You agree and acknowledge that Homebase is acting on its own behalf and is not acting as your agent or broker in connection with the sale or purchase of a property, or in the brokering or arranging of any mortgage loan to you to facilitate the acquisition of a property. Homebase does not have and will not be deemed to have any fiduciary relationship with or fiduciary obligations to you.
2.1.4.
No Warranty of Information. Homebase makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Site or in the other Services for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Homebase hereby disclaims all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
2.1.5.
Limited Liability. Your use of the Site is at your own risk. Where conditions, warranties or consumer guarantees implied or applied by law cannot be excluded, Homebase limits its liability, where it is entitled to do so, in respect of services, to the resupply of the relevant services or paying the cost of that resupply. Otherwise, to the maximum extent permitted by law neither Homebase nor any of their employees, officers, directors nor any of their agents, contractors nor any other party involved in creating, producing or delivering this Site or any Content shall be liable (and you hereby discharge the aforesaid entities from any and all liability) for any direct, indirect, special, consequential or other loss or damage to any person or entity, however caused (whether by negligence or otherwise) that results from the use of, or the inability to use, this Site or Content or any other material or product provided to you via this Site, including damage caused by viruses or any incorrectness or incompleteness of the information on this Site, or relating to the performance of the products obtained via this Site or otherwise arising out of or in connection with this Site or the Terms, even if Homebase has been advised of the possibility of any such loss or damage.
2.2.
Disclaimer regarding Links to Third Party Sites or Services
2.2.1.
Linked Sites. For your convenience and to improve the usage of the Site, links to the Site that are owned and controlled by third parties may be provided from time to time. These links take you outside Homebase’s service and off the Site and are beyond Homebase’s control. This includes links to partners that may use the Trademarks as part of a co-branding agreement. The Sites you can link to have their own separate terms and conditions as well as a privacy policy. Homebase is not responsible and cannot be held liable for the content and activities of these websites. You therefore visit/access these websites entirely at your own risk.
2.2.2
Third-party Services. Please note that these other websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use and/or privacy policies on those Sites prior to using them.
3.
Miscellaneous
3.1.
Applicable Law. This Terms shall be governed by and construed in accordance with Vietnamese law.
3.2.
Priorities. In case of contradiction between this Terms and any content contained in other parts of the Site, this Terms shall prevail.
3.3.
Sub-contracting and Assignment. Homebase reserves the right to sub-contract, transfer, assign or novate all or any of our rights and obligations under Homebase’s terms and conditions provided that your rights under Homebase’s terms and conditions are not affected. You may not sub-contract, assign or otherwise transfer any of your rights or obligations under the Homebase’s terms and conditions without our consent in writing.
3.4.
Dispute Resolution. All or any disputes arising out or touching upon or in relation to the terms and conditions of this Terms, including the interpretation and validity of the terms thereof and the respective rights and obligations of the Parties, shall be settled amicably by mutual discussion, failing which any party can file a claim to the competent court.
3.5.
Severability. You agree that if any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
3.6.
Languages and Effectiveness. This Terms is made in both English and Vietnamese versions. In the event that there is any discrepancy between the Vietnamese version and the English version of this Terms, the Vietnamese version shall prevail.