Terms and Conditions

Terms & Conditions (“T&C”) for use of service of WeSport

Version:1.0 dated 01 April 2017

Important – please read these terms carefully. By using this Service, you agree that you have read, understood, accepted and agreed with the T&C. You further agree to the representations made by yourself below. If you do not agree to or fall within the T&C of the Service (as defined below) and wish to discontinue using the Service, please refrain from using this Application or Service further.

The T&C stated herein (collectively, the “T&C” or this “Agreement”) constitutes an agreement between you and We Sport Vietnam Company Limited, of which Business registration certificate no. 0313983848 by the Department of Planning and Investment of Ho Chi Minh City , with its headquarter address: 32 Nguyen Ba Huan, Thao Dien Ward, District 2, Ho Chi Minh City, Vietnam (“Hereinafter referred to as “WeSport” or the “Company”).

In order to use the Service as defined below, you must agree to the T&C that are set out below.

By using the Service supplied to you by the Company, and downloading, installing or using any associated software supplied by the Company (“Application” or “Software” or “Solution” or “website”) which purpose is to enable people booking sport accommodations (the “Service”), you hereby expressly acknowledge and agree to be bound by the T&C, and any future amendments and additions to this T&C as published from time to time at http://wesport.zone / or through the Application.

The Company reserves the right to modify, vary and change the T&C or its policies relating to the Service at any time as it deems fit. Such modifications, variations and or changes to the T&C or its policies relating to the Service shall be effective upon the posting of an updated version at http://www.wesport.zone/. You agree that it shall be your sole responsibility to review the T&C regularly.

By using the Service, you expressly represent and warrant that you are legally entitled to accept and agree to the T&C and that you are at least eighteen (18) years old. Without limiting the generality of the foregoing, the Service is not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship. By using the Service, you further represent and warrant that you have the right, authority and capacity to use the Service and to abide by the T&C. You further confirm that all the information which you provide shall be true and accurate. Your use of the Service is for your own sole, personal use. You undertake not to authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Service you agree to comply with all applicable laws in Vietnam.

You may only access the Service using authorized means. It is your responsibility to check and ensure that you have downloaded the correct software for your device. The Company is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software to your device. The Company reserves the right not to permit you to use the Service should you use the Application and/or the Software with an incompatible or unauthorized device or for purposes other than which the Software and/or the Application is intended to be used.

By using the Software or the Application, you agree that:

·       You will only use the Service for lawful purposes;

·       You will only use the Service for the purpose for which it is intended to be used;

·       You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;

·       You will not use the Application and/or the Software to cause nuisance, annoyance,
inconvenience or make fake bookings;

·       You will not use the Service, Application and/or Software for purposes other than obtaining the Service;

·       You will not impair the proper operation of the network;

·       You shall not intentionally or unintentionally cause or attempt to cause damage to other users, or the Company;

·       You will not try to harm the Service, Application and/or the Software in any way whatsoever;

·       You will not copy, or distribute the Software or other content without written permission from the Company;

·       You will only use the Software and/or the Application for your own use and will not resell it to a third party;

·       You will keep secure and confidential your account password or any identification we provide you which allows access to the Service;

·       You will provide us with whatever proof of identity we may reasonably request or require;

·       You agree to provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of this Agreement. You agree that the Company may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, the Company has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice, furthermore you agree that in such event, the Company will be totally and fully immune from any damages, claims;

·       You shall not employ any means to defraud the Company or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by the Company to encourage new subscription or usage of the Service by new or existing;

·       You are aware that when requesting Services or use of the Service or connecting with the Company for whatsoever reason will be charged standard telecommunication;

·       You shall not impair or circumvent the proper operation of the network which the Service
operates on;

·       You agree that the Service is provided on a reasonable effort basis;

·       You agree that your use of the Service will be subject to the Company’s Privacy Policy as may be amended from time to time.

·       You shall be responsible for your reservation. If you book a field for 7 vs 7 (or 16 people for example) whereas you want to play 5 vs 5 but you does not book correctly, you shall still have to pay for the 7 vs 7 field as per booking.

·       You agree that the Company has the sole discretion in suspending/terminating your account upon finding of reasonable cause that suspicious activities or breaches of the laws and/or this agreement occurs.

 

Payment

Payment for the Service can be by cash and where available, by credit card and or debit card (“Card”).

In the event that you choose to pay for the Service by Card, you will need to register a valid Card which belongs to you in accordance with the instructions within the Application..

Deposit can be done in cash or via transfer to WeSport or, the sport accommodation shall verify that deposit has been made directly to them, in either case that WeSport system shall be updated accordingly, depending on the corresponding method of payment. You can also see when the location has verified payment in your reservation overview on the WeSport’s system. You are also responsible to check whether the location received the payment. On the day of the reservation, when arriving at the location, you shall pay the rest of the rental fee to the accommodation and play their sport.

If the Card belongs to another person, such as your family or friend or acquaintance, you hereby warrant and agree that you have obtained their permission to use the Card for the payment of the Service and WeSport holds no responsibility to such use of Card.

You agree that we may verify and authorize your Card details when you first register the Card with us as well as when you use the Service.

You are required to pay a down payment (deposit) for the reservation. You have three options:

 

·       to deliver the down payment yourselves at the location; or

·       The Company offers pick-up service of the down payment by Xe Om, which shall deliver the down payment to the location on your behalf (you shall pay a small fee for this service); or

·       Credit/Debit card and/or bank transfer to WeSport appointed bank account.

 

Payment of deposit has to be done within 36 hours of booking or if the booking is within 24 hours of the reservation, within 3 hours of the booking. The deposit is not refundable once a reservation is cancelled unless a Cancellation command for such booking has been issued 36 hours in advance to the playing time. In the case of such refund, the sport accommodation shall make the return of the deposit to you directly or WeSport on their behalf. You agreed that such responsibility is not WeSport’s as WeSport systems is only a reservation system connecting you and the field owners. If the field owner does not instruct WeSport to refund your deposit, it is your responsibility to request them to instruct WeSport to do so.

The Company reserves the right to suspend the processing of any transaction where we reasonably believe that the transaction may be fraudulent, illegal or involves any criminal activity or where we reasonably believe you to be in breach of the T&C.

You agree that you will cooperate in relation to any financial crime screening that is required and to assist us in complying with any prevailing laws or regulations in place.

You shall be responsible to resolve any disputes with your Card company on your own.

 

Taxes

You agree that this T&C shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time. You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend the Company to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Services supplied under this Agreement.

 

License Grant & Restriction
The Company and its licensors, where applicable, hereby grants you a revocable, non-exclusive, non- transferable, non-assignable, personal, limited license to use the Application and/or the Software, solely for your own personal, non-commercial purposes, subject to the T&C herein. All rights not expressly granted to you are reserved by the Company and its licensors.

You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way; (ii) modify or make derivative works based on the Application and/or the Software; (iii) create internet “links” to the Application or “frame” or “mirror” any Software on any other server or wireless or internet-based device; (iv) reverse engineer or access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Application and/or the Software, or (c) copy any ideas, features, functions or graphics of the Application and/or the Software, (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application and/or the Software, (vi) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents; (vii) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights, (viii) remove any copyright, trademark or other proprietary rights notices contained in the Service.

You may use the Software and/or the Application only for your personal, non-commercial purposes and shall not use the Software and/or the Application to: (i) send spam or otherwise duplicative or unsolicited messages; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (iii) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Software and/or the Application or the data contained therein; (v) attempt to gain unauthorized access to the Software and/or the Application or its related systems or networks; or (vi) Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity (vii) to abstain from any conduct that could possibly damage the Company’s reputation or amount to being disreputable.

 

Intellectual Property Ownership

The Company and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Software and/or the Application and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. The T&C do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, Software and/or the Application, or any intellectual property rights owned by the Company and/or its licensors. The Company name, the Company logo, the Service, the Software and/or the Application and the providers’ logos and the product names associated with the Software and/or the Application are trademarks of the Company or third parties, and no right or license is granted to use them. For the avoidance of doubt, the term Software and Application herein shall include its respective components, processes and design in its entirety.

 

Confidentiality

You shall maintain in confidence all information and data relating to the Company, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of the Company (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from the Company, or any of its affiliated companies, or created in the course of this Agreement. You shall further ensure that it, its officers, employees and agents only use such confidential information in order to perform the Services, and shall not without the Company’s prior written consent, disclose such information to any third-party nor use it for any other purpose. You shall only disclose such information to such officers, employees and agents as need to know it to fulfil its obligations under this Agreement.

 

Personal Data Protection

You agree and consent to the Company using and processing your Personal Data for the Purposes and in the manner as identified hereunder.

For the purposes of this Agreement, “Personal Data” means information about you, from which you are identifiable, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, any information about you which you have provided to the Company in registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by the Company from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs.

The provision of your Personal Data is voluntary. However if you do not provide the Company your Personal Data, your request for the Application may be incomplete and the Company will not be able to process your Personal Data for the Purposes outlined below and may cause the Company to be unable to allow you to use the Service.
The Company may use and process your Personal Data for business and activities of the Company which shall include, without limitation the following (“the Purpose”):

·       To perform the Company’s obligations in respect of any contract entered into with you;

·       To provide you with any services pursuant to the T&C herein;

·       To process your participation in any events, promotions, activities, focus groups, research
studies, contests, promotions, polls, surveys or any productions and to communicate with you regarding your attendance thereto;

·       Process, manage or verify your application for the Service pursuant to the T&C herein;

·       To validate and/or process payments pursuant to the T&C herein;

·       To develop, enhance and provide what is required pursuant to the T&C herein to meet
your needs;

·       To process any refunds, rebates and or charges pursuant to the T&C herein;

·       To facilitate or enable any checks as may be required pursuant to the T&C herein;

·       To respond to questions, comments and feedback from you;

·       To communicate with you for any of the purposes listed herein;

·       For internal administrative purposes, such as auditing, data analysis, database records;

·       For purposes of detection, prevention and prosecution of crime;

·       For the Company to comply with its obligations under law;

·       To send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from the Company, its partners, advertisers and or sponsors;

·       To notify and invite you to events or activities organized by the Company, its partners, advertisers, and or sponsors;

·       To share your Personal Data amongst the companies within the Company’s group of companies comprising the subsidiaries, associate companies and or jointly controlled entities of the holding company of the group (“the Group”) and with the Company’s and Group’s agents, third party providers, developers, advertisers, partners, event companies or sponsors who may communicate with you for any reasons whatsoever.

If you do not consent to the Company processing your Personal Data for any of the Purposes, please notify the Company using the support contact details as provided in the Application.

If any of the Personal Data that you have provided to us changes, for example, if you change your e- mail address, telephone number, payment details or if you wish to cancel your account, please update your details by sending your request to the support contact details as provided in the Application.

We will, to the best of our abilities, effect such changes as requested within a reasonable amount of processing time of receipt of such notice of change.

By submitting your information you consent to the use of that information as set out in the form of submission and in this T&C.

 

Third Party Interactions

During use of the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party providers, advertisers or sponsors showing their goods and/or services through the Service, Software and/or the Application. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third- party. The Group does not endorse any applications or sites on the Internet that are linked through the Service, Application and/or the Software, and in no event shall the Company, its licensors or the Group be responsible for any content, products, services or other materials on or available from such sites or third party providers. The Company provides the Service to you pursuant to the T&C. You recognize, however, that certain third party providers of goods and/or services may require your agreement to additional or different T&C prior to your use of or access to such goods or services, and the Company is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third party providers.

The Company may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue. By agreeing to the T&C, you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing or in accordance with the procedure determined by the Company. The Company reserves the right to charge you a higher fee for or deny you use of the Service should you choose not to receive these advertising services. This higher fee, if applicable, will be posted on the Company’s website located at http://wesport.zone. You agree and allow the Company to compile and release information regarding you and your use of the Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party provider, other third party providers, advertisers and/or sponsors you interact with through the Service and/or advertising or marketing material supplied through the Service.

 

Indemnification

By agreeing to the T&C upon using the Service, you agree that you shall defend, indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your use of the Service, Software and/or the Application, your dealing with the third party providers, third party providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the T&C or any applicable law or regulation, whether or not referenced herein or (c) your violation of any rights of any third party, including third party arranged via the Service, or (d) your use or misuse of the Service, Software and/or the Application.

 

Disclaimer of Warranties

The company makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the services, application and/or the software. the company does not represent or warrant that (a) the use of the service, application and/or the software will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the service will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information, or other materials purchased or obtained by you through the application will meet your requirements or expectations, (e) errors or defects in the application and/or the software will be corrected, or (f) the application or the server(s) that make the application available are free of viruses or other harmful components. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded and disclaimed to the highest and maximum extent. The company makes no representation, warranty, or guarantee as to the reliability, safety, timeliness, quality, suitability or availability of any services or goods provided by the third parties through the use of the service, application and/or the software. you acknowledge and agree that the entire risk arising out of your use of the service, and any third party services/goods, including but not limited to the third party services/goods remains solely and absolutely with you and you shall have no recourse whatsoever to the company.

 

Limitation of liability

Any claims against the company by you shall in any event be limited to the aggregate amount of all amounts actually paid by and/or due from you in utilizing the service during the event giving rise to such claims. In no event shall the company and/or its licensors be liable to you or anyone for any direct, indirect, punitive, economic, future special, exemplary, incidental, consequential or other damages or losses of any type or kind (including personal injury, emotional distress and loss of data, goods, revenue, profits, use or other economic advantage). The company and/or its licensors shall not be liable for any loss, damage or injury arising during the match which may be incurred by or caused to you or to any person for whom you have booked the service for, including but not limited to loss, damage or injury arising out of, or in any way connected with the service, application and/or the software, including but not limited to the use or inability to use the service, application and/or the software, any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any third party provider, advertiser or sponsor whose advertising appears on the website or is referred to by the service, application and/or the software, even if the company and/or its licensors have been previously advised of the possibility of such damages. The company does not and will not assess nor monitor the suitability, legality, ability, movement or location of any third party providers including third party providers, advertisers and/or sponsors and you expressly waive and release the company from any and all liability, claims or damages arising from or in any way related to the third party providers including third party providers, advertisers and/or sponsors. The company will not be a party to disputes, negotiations of disputes between you and such third party providers including third party service/goods providers, advertisers and/or sponsors. We cannot and will not play any role in managing payments between you and the third party providers, including third party providers, advertisers and/or sponsors. Responsibility for the decisions you make regarding services and products offered via the service, software and/or the application (with all its implications) rests solely with and on you. You expressly waive and release the company from any and all liability, claims, causes of action, or damages arising from your use of the service, software and/or the application, or in any way related to the third parties including third party goods/service providers, advertisers and/or sponsors introduced to you by the service, software and/or the application. The quality of the third party services and goods provided through the use of the service is entirely the responsibility of the third party service/goods provider who ultimately provides such Goods/services to you. You understand, therefore, that by using the service, you may be exposed to all other risk from the third party providers if there is any.

 

General

This T&C shall be governed by Vietnamese law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the T&C or the Service shall be subject to the jurisdiction of the competent court of Vietnam for resolution.

You hereby agree that the Company is entitled to terminate this Agreement immediately in the event that you are found to be in breach of any of the terms stipulated in this Agreement.

WE SPORT VIETNAM CO.,LTD
Address: 32 Nguyen Ba Huan, Thao Dien Ward, District 2, HCMC
Tel: 08 6281 8365
Tax code: 0313983848.