These Terms of Use (“Terms of Use”) govern your access to and use of this
website (the “Site”). The Site is operated by KOLLERSI HUB (“KOLLERSI,” “us” or
“we”). KOLLERSI provides the Site, including all information, tools and
services available through the Site, to you, the user, conditioned upon your
acceptance of these Terms of Use. PLEASE READ THESE TERMS OF USE CAREFULLY. BY
ACCESSING OR USING THE SITE, YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY
THESE TERMS OF USE. IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS OF USE,
PLEASE DO NOT USE THE SITE.
Features and Functionality Provided by Third Parties; Third-Party Terms
Certain content, features and functionality on the Site may be owned and
operated by third parties (collectively, “Third-Party Providers”), including
but not limited to Twitter, Facebook, LinkedIn (collectively, “Third-Party
Content”). KOLLERSI may, but is not obligated to, monitor or review any areas
on the Site containing Third-Party Content. Your use and interaction with such
Third-Party Content may be subject to separate terms and conditions of
Third-Party Providers and, if applicable, you will be subject to and comply
with the terms and conditions offered by such Third-Party Providers. YOU
ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE OR OTHERWISE LIABLE FOR THIRD-PARTY
CONTENT OR THE ACTS OR OMISSIONS OF THIRD-PARTY PROVIDERS AND THAT ANY CLAIMS OR
OTHER CAUSES OF ACTION AVAILABLE TO YOU IN CONNECTION WITH EITHER OF THE
FOREGOING WILL BE BROUGHT AGAINST THE APPLICABLE THIRD-PARTY PROVIDER(S) AND
NOT KOLLERSI.
Use of Content
The Site, including but not limited to text, design, graphics, logos, icons,
images, photography, video, audio, downloads, interfaces, code, software,
products, features and tools, and the design, selection and arrangement thereof
and all intellectual property associated with the foregoing, but specifically
excluding Third-Party Content (collectively, the “Content”), is the property of
KOLLERSI or its licensors. Upon your acceptance of these Terms of Use, KOLLERSI
grants you a limited, non-transferable, non-sublicensable, non-exclusive,
revocable license to access, use, copy, download and print the Content for your
personal and non-commercial informational use only, provided you do not modify
or delete any copyright, trademark or other proprietary notice that appears on
the Content. Any other use of the Site or any Content, including but not
limited to the modification, distribution, performance, broadcast, publication,
licensing, reverse engineering or resale of, or the creation of derivative
works from the Site or any Content, is expressly prohibited, unless you obtain
the prior written consent of KOLLERSI. You agree to abide by all additional
restrictions displayed on the Site as they may be updated from time to time. KOLLERSI
may revoke this limited license at any time for any or no reason. All rights
not expressly granted are reserved by KOLLERSI and its licensors. You will not:
(i) use any hardware or software intended to damage or interfere with the
proper working of the Site; (ii) surreptitiously intercept any system, data or
personal information from the Site; or (iii) interrupt or attempt to interrupt
the operation of the Site in any way. KOLLERSI reserves the right, in its sole
discretion, to limit or terminate your access to or use of the Site, in whole
or in part, at any time without notice. Termination of your access or use will
not waive or affect any other right or relief to which KOLLERSI may be entitled
at law or in equity.
Materials You Submit
You acknowledge that you are responsible for any material you may submit via
the Site, including the legality, reliability, appropriateness, originality and
copyright of any such material. You may not upload to, distribute or otherwise
publish through the Site any content that (i) is confidential, proprietary,
false, fraudulent, libelous, defamatory, obscene, threatening, invasive of
privacy or publicity rights, infringing on intellectual property rights,
abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a
criminal offense, violate the rights of any party or otherwise give rise to
liability or violate any law; or (iii) may contain software viruses, political
campaigning, chain letters, mass mailings or any form of “spam.” You may not
use a false email address or other identifying information, impersonate any
person or entity or otherwise mislead as to the origin of any content. You may
not upload commercial content onto the Site.
If you do submit material, and unless we indicate and agree otherwise, in
writing, you grant KOLLERSI an unrestricted, nonexclusive, royalty-free,
perpetual, irrevocable and fully sublicensable right to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute and display
such material throughout the world in any media. You further agree that KOLLERSI
and its assignees are free to use, without consideration, any ideas, concepts,
know-how that you or individuals acting on your behalf provide to KOLLERSI. You
grant and are authorized to grant KOLLERSI and its assignees the right to use,
without consideration, any name or likeness you submit in connection with such
material, if the company so chooses. You represent and warrant that you own or
otherwise control all the rights to the content you post; that the content is
accurate, is noninfringing and does not otherwise violate the rights of any
person or entity and conforms to all applicable law; that use of the content
you supply does not violate any provision herein and will not cause injury to
any person or entity; and that you will indemnify KOLLERSI for all claims
resulting from content you supply.
Prohibited Activities
You may not use any “deep link,” “page-scrape,” “robot,” “spider” or other
automatic device, program, algorithm or methodology or any similar or
equivalent manual process, to access, acquire, copy or monitor any portion of
the Site or any Content, or in any way reproduce or circumvent the navigational
structure or presentation of the Site or any Content, to obtain or attempt to
obtain any materials, documents or information through any means not purposely
made available through the Site. You may not attempt to gain unauthorized
access to any portion or feature of the Site, or any other systems or networks
connected to the Site or to a KOLLERSI server, or to any of the services
offered on or through the Site, by hacking, password “mining” or other
illegitimate means.
Links
The Site may contain links to other websites, some of which may be operated
by KOLLERSI and others of which may be operated or controlled by third parties
(“Third-Party Sites”), including links contained in advertisements, such as
banner advertisements and sponsored links. These links are provided as a
convenience to you and as an additional avenue of access to the information
contained therein. The inclusion of links to Third-Party Sites is not, and
should not be viewed, as an endorsement by KOLLERSI of the Third-Party Sites or
any content therein. Different terms and conditions apply to your use of
Third-Party Sites. KOLLERSI HAS NO CONTROL OVER THE CONTENT OF THIRD-PARTY
SITES, AND ACCEPTS NO RESPONSIBILITY FOR THEM AND HEREBY DISCLAIMS ALL
LIABILITY RELATED TO THEM. IF YOU DECIDE TO ACCESS ANY THIRD-PARTY SITES, YOU
DO SO ENTIRELY AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE
FOR SUCH THIRD-PARTY SITES.
Trademarks and Copyrights
All trademarks, trade names, logos, images, service marks, trade dress,
Content and Third-Party Content displayed on the Site (collectively, the
“Intellectual Property”) are the property of KOLLERSI or its licensors, content
providers or other third parties. Nothing in these Terms of Use or on the Site
shall be construed as granting, by implication, estoppel or otherwise, any
license or right to use any IP without the prior written consent of KOLLERSI or
the owner of the IP.
DISCLAIMERS
YOU HEREBY AGREE THAT YOUR USE OF THE SITE, THE CONTENT AND ANY OTHER
SERVICES OR MATERIAL WE PROVIDE IN CONNECTION WITH THIS SITE IS AT YOUR SOLE
RISK. THE SITE AND RELATED SERVICES AND FEATURES ARE PROVIDED TO YOU ON AN “AS
IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE
YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME FOR ANY
REASON.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KOLLERSI EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING ANY MATTER,
INCLUDING BUT NOT LIMITED TO: (I) MERCHANTABILITY, SUITABILITY, FITNESS FOR A
PARTICULAR USE OR PURPOSE, TITLE, NONINFRINGEMENT AND WARRANTIES IMPLIED FROM A
COURSE OF PERFORMANCE OR COURSE OF DEALING; (II) RESULTS TO BE DERIVED FROM THE
USE OF THE SITE OR ANY DATA, CONTENT, SERVICE, SOFTWARE, HARDWARE, DELIVERABLE
OR OTHER MATERIALS RELATED TO THE SITE, OR THE AVAILABILITY OF ANY OF THE
FOREGOING; (III) WHETHER THE CONTENT IS TRUE, COMPLETE, ACCURATE,
NON-MISLEADING OR TIMELY; AND (IV) THE ABSENCE OF ANY VIRUSES OR OTHER HARMFUL
CODE IN THE SITE OR ITS CONTENT. FURTHER, WE DO NOT REPRESENT, COVENANT OR
WARRANT THAT ACCESS TO OR SERVICES PROVIDED BY THE SITE WILL BE UNINTERRUPTED,
ERROR-FREE OR SECURE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IF YOU DOWNLOAD
ANY MATERIALS FROM THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND YOU
ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS.
LIMITATION OF LIABILITY
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL KOLLERSI OR ITS OFFICERS,
DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS OR THIRD-PARTY PROVIDERS
BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, PUNITIVE, EXEMPLARY,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING LOST PROFITS,
LOSS OF DATA OR LOSS OF USE)) ARISING OUT OF OR IN ANY WAY RELATED TO THESE
TERMS OF USE OR YOUR USE OR INABILITY TO USE THE SITE, ANY WEBSITES LINKED TO
IT, ANY CONTENT OR SERVICES MADE AVAILABLE ON THE SITE, REGARDLESS OF WHETHER
SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT
LIABILITY OR OTHERWISE, EVEN IF KOLLERSI OR ANY OF ITS SUPPLIERS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES (COLLECTIVELY, THE “EXCLUDED DAMAGES”).
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER KOLLERSI NOR ANY OF ITS
SERVICE PROVIDERS, LICENSORS OR REPRESENTATIVES WILL BE LIABLE TO YOU FOR ANY
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. TO THE
MAXIMUM EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE
ABOVE CLAIMS OR ANY DISPUTE WITH KOLLERSI IS TO DISCONTINUE YOUR USE OF THE
SITE.
IN CERTAIN JURISDICTIONS, SOME LIABILITIES CANNOT BE EXCLUDED OR LIMITED
UNDER APPLICABLE LAW. IN SUCH JURISDICTIONS, THE LIMITATION OF LIABILITY IN
THESE TERMS OF USE MAY NOT APPLY TO YOU. IF KOLLERSI CANNOT LAWFULLY DISCLAIM
LIABILITY TO YOU UNDER THIS LIMITATION OF LIABILITY, KOLLERSI WILL BE LIABLE TO
YOU, IN THE AGGREGATE FOR ALL CLAIMS ARISING HEREUNDER, FOR LIQUIDATED DAMAGES
NOT TO EXCEED £100.00 (“LIABILITY CAP”). IN SUCH EVENT, YOU ACKNOWLEDGE AND
AGREE THAT THE EXCLUDED DAMAGES FOR ALL CLAIMS ARISING HEREUNDER CANNOT BE
CALCULATED WITH REASONABLE CERTAINTY. YOU FURTHER AGREE THAT THE LIABILITY CAP
REPRESENTS (I) A REASONABLE APPROXIMATION OF THE EXCLUDED DAMAGES THAT YOU WILL
SUFFER FOR ALL CLAIMS ARISING HEREUNDER AND THAT SUCH LIQUIDATED DAMAGES DO NOT
CONSTITUTE A PENALTY, AND (II) THE EXCLUSIVE REMEDY TO YOU FOR EXCLUDED DAMAGES
IN CONNECTION WITH ALL CLAIMS ARISING HEREUNDER. THE LIMITATIONS IN THIS
PARAGRAPH WILL APPLY EVEN IF ANY OTHER REMEDY AVAILABLE TO YOU FAILS OF ITS
ESSENTIAL PURPOSE.
LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE
TERMS OF USE, THE SITE (INCLUDING ANY SERVICES PROVIDED ON THE SITE) OR THE
CONTENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES
OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.
Indemnification
You agree to defend, subject to our approval of counsel, indemnify and hold
harmless KOLLERSI, its affiliates and their respective officers, directors,
shareholders, employees, contractors, agents, licensors, service providers,
successors and assigns from and against any claims, judgments, awards, losses,
liabilities, expenses, damages, costs, fines, penalties and fees (including
reasonable attorneys’ and experts’ fees and court costs) (collectively,
“Losses”) arising out of or relating to (i) your use of the Site or its Content
other than as expressly authorized in these Terms of Use; (ii) your violation
of any terms of use or similar terms provided by Third-Party Providers with
respect to any Third-Party Content; or (iii) claims arising from your fraud,
intentional misconduct, criminal acts or gross negligence. If you cause a
technical disruption of the Site or the systems transmitting the Site to you or
others, you agree to be responsible for any and all Losses arising or resulting
from that disruption.
Jurisdiction and Applicable Law
These Terms of Use and your use of the Site will be governed by the laws of
Vietnam. Any dispute arising from, or related to, these Terms of Use shall be
subject to the exclusive jurisdiction of the Vietnam International Arbitration
Center located in Ho Chi Minh City, Vietnam.
No Exporting
You may not use or export or re-export any Content or any copy or adaptation
of such Content, or any product or service offered on the Site, in violation of
any applicable laws or regulations
Changes to These Terms of Use
KOLLERSI reserves the right in its sole discretion, to change, modify, add
or remove any portion of these Terms of Use, in whole or in part, at any time,
by posting revised terms on this Site. It is your responsibility to check for
any changes we make to these Terms of Use each time you use the Site or any
portion thereof. Your continued use of the Site after that point signifies that
you accept the changes.
Entire Agreement
These Terms of Use and any policies or operating rules posted on the Site
(but excluding those terms and other conditions offered by the Third-Party
Providers, as described in the paragraph entitled “Features and Functionality
Provided by Third Parties; Third-Party Terms”) constitute the entire agreement
and understanding between you and KOLLERSI with respect to the subject matter
thereof and supersede all prior or contemporaneous communications and
proposals, whether oral or written, between the parties with respect to such
subject matter.
Waiver and Severability
No waiver by KOLLERSI of any term or condition set forth in these Terms of
Use shall constitute a further or continuing waiver of such term or condition
or a waiver of any other term or condition, and any failure of KOLLERSI to
assert a right or provision under these Terms of Use shall not constitute a
waiver of such right or provision. If any provision of these Terms of Use is
held to be unlawful, void or unenforceable for any reason, such provision shall
be eliminated or limited to the minimum extent such that the remaining
provisions will continue in full force and effect.
Remedies
At its option, KOLLERSI may seek all remedies available to it in these Terms
of Use, under law and in equity, including injunctive relief in the form of
specific performance to enforce these Terms of Use and any additional
instructions, guidelines or policies issued by KOLLERSI (including those posted
on the Site).
How to Contact Us
If you have any questions or comments about these Terms of Use or the Site,
please contact us by e-mail at info@kollersi.com
You also may write to us at:
KOLLERSI HUB.
12th Floor, No. 60 Nguyen Dinh Chieu, Da Kao Ward, District 1, Ho Chi Minh
City, Vietnam
Thank you for visiting our Site.
