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Term & Condition

  • A. Contractual Relationship

    These Terms of Use (“Terms”) constitute a legal agreement governing the access or use of the Quarter Master virtual concierge (the “Service”) which owned and operated by Quarter Master Company Limited. These Terms are between you, an individual accessing or using the Service from within Vietnam (“you”), and Quarter Master Company Limited (the ‘Company’). PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICE. In this Agreement, the words “including” and “include” mean “including, but not limited to.

    Your access and use of the Service constitutes your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service. These Terms expressly supersede prior agreements or arrangements with you with respect to the Service. Quarter Master may immediately terminate these Terms or the Service relating to you, or generally cease offering or deny access to the Service or any portion thereof, at any time.

    Quarter Master may amend the Terms related to the Service from time to time. Amendments will be valid upon Quarter Master’s posting of such updated Terms at this location or on the Service. Your continued access or use of the Service after such posting constitutes your consent to be bound by the Terms, as amended.

    Quarter Master’s Privacy Policy located at https://www.QuarterMaster.vn/en/privacy/ applies to the use of the Service, and is made a part of these Terms by this reference, notwithstanding any contrary statements in the Privacy Policy.

  • B. The Services

    Restrictions

    You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Service; (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 Service except as expressly permitted by Quarter Master; (iii) decompile, reverse engineer or disassemble the Service except as may be permitted by applicable law; (iv) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Service or unduly burdening or hindering the operation and/or functionality of any aspect of the Service; or (v) attempt to gain unauthorized access to or impair any aspect of the Service or its related systems or networks.

    Third-Party Service and Content

    The Service may be made available or accessed in connection with third-party services and content (including advertising) that Quarter Master does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. Quarter Master does not endorse such third party services and content and in no event shall Quarter Master be responsible or liable for any products or services of such third party providers.

    Ownership

    The Service and all rights therein are and shall remain Quarter Master’s property or the property of Quarter Master’s licensors. Neither these Terms nor your use of the Service convey or grant to you any rights: (i) in or related to the Service except for the limited license granted above; or (ii) to use or reference in any manner Quarter Master’s company names, logos, product and service names, trademarks or services marks.

  • C. Your Use of the Service

    User Accounts

    In order to use most aspects of the Service, you must register for and maintain an active personal user Service account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if older than 18), to obtain an Account. Account registration requires you to submit to Quarter Master certain personal information, such as your name, address, email address, mobile phone number and age, as well as your banking information. You agree to the collection, processing, disclosure and transfer of any personal information that you provide to Quarter Master under these Terms of Use, and that you have read, understood and agreed to Quarter Master’s privacy policy located at https://www.Quarter Master.com/en/privacy/. 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 may result in your inability to access and use the Service or Quarter Master’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Quarter Master in writing, you may only possess one Account.

    User Requirements and Conduct

    The Service is not available for use by persons under the age of 18 or the age of legal majority in your jurisdiction (if older than 18). You may not authorize third parties to use your Account, and you may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Service, and you may only use the Service for lawful purposes. In certain instances, Quarter Master may require you to provide proof of identity to access or use the Service, and you agree that you may be denied access or use of the Service if you refuse to provide proof of identity. Through the Service, you may elect to share certain third party personally-identifiable information with Quarter Master, including, without limitation, first and last name, email address, mailing address, and phone number (each of the foregoing, “Contact Information”). You hereby represent and warrant that (i) you have, prior to the uploading of any third-party information, obtained the requisite consent required under applicable law directly from each individual of whom you are sharing Contact Information, including but not limited to, express consent to Quarter Master’s collection, use and storage of such individual’s personal information for the purpose of this Terms of Use, and express agreement to Quarter Master’s Privacy Policy referred to above, (ii) you have any other rights, licenses, consents and releases required under applicable law to share Contact Information with Quarter Master, including, without limitation, consents required under the applicable data privacy law (including Vietnam’s Civil Code, Law on Network Information Security, and Decree 72/2013/ND-CP), (iii) you will not share Contact Information of any individuals less than 18 years of age, or the legal age of majority in their jurisdiction if older than 18, (iv) your sharing of Contact Information will not infringe, misappropriate, or violate a third party’s proprietary rights, or rights of publicity or privacy, or obligations of confidentiality, or result in any violation of any applicable law or regulation, and (v) to the best of your knowledge, the Contact Information shall be accurate and not misleading. You understand and agree that Quarter Master may, in its sole discretion, terminate your access to the Service or withhold or cancel payment of any referral award amounts payable to you under these Terms in the event of (a) any actual or suspected fraudulent activity by you or in relation to your use of the Service, (b) any actual or suspected violation of applicable law by you or in relation to your use of the Service, or (c) any actual or suspected violation of these Terms.

    All behaviours of purpose to induce customers on Quarter Master’s system are stricly prohibited. The inducement customers on Quarter Master’s system is concerned as the private negotiation with Quarter Master’s customer to provide services of Quarter Master without Quarter Master’ system. Quarter Master has the right to refuse or block account without the announcement to the subject. For each customer, you must to compensate to Quarter Master 5,000,000vnd/person.

    Text Messaging

    By creating an Account, you agree and expressly consent that the Service may send you informational text (SMS) messages as part of the normal business operation of your use of the Service. You may opt-out of receiving text (SMS) messages from Quarter Master at any time by emailing STOP to our contact email at xinchao@quartermaster.vn along with your phone number. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.

    User Provided Content

    Quarter Master may, in Quarter Master’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Quarter Master through the Service textual, audio, and/or visual content and information, including comments and feedback related to the Service (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Quarter Master, you grant Quarter Master a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Service and Quarter Master’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. If any applicable laws and regulations provide that certain rights in any User Content cannot be effectively assigned or licensed to Quarter Master, then you irrevocably waive and agree not to exercise or assert any rights to any such User Content worldwide, or object Quarter Master’s use of any such rights, including all moral rights, rights of attribution, identification of authorship, limitation on subsequent modification or other personal rights in the User Content, during and after the performance of Service.

    You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Quarter Master the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Quarter Master’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

    You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Quarter Master in its sole discretion, whether or not such material may be protected by law. Quarter Master may, but shall not be obligated to, review, monitor, or remove User Content, at Quarter Master’s sole discretion and at any time and for any reason, without notice to you.

    Network Access and Devices

    You are responsible for obtaining the data network access necessary to use the Service. Your mobile network’s data rates and fees may apply if you access or use the Service from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Service and any updates thereto. Quarter Master does not guarantee that the Service, or any portion thereof, will function on any particular hardware or devices. In addition, the Service may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

  • D. Payment

    You may choose to pay for the services by cash and where available, by credit card and or debit card (“Card”).

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

    If the Card belongs to another person, such as your spouse, you hereby warrant and agree that you have obtained their permission to use the Card for the payment of the services.

    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 agree that we may issue a reasonable authorization hold, which is not an actual charge against your Card, in order to verify your payment method via your Card. The hold may appear in your statement as “pending”. The authorization hold is issued as a preventive measure against any unauthorized or fraudulent usage of your Card.

    In the event your payment by your Card is processed overseas, you will be liable for any additional charges in relation thereto.

    Once the your tasks at your service have been completed, you are required to make payment in full to the third party service provider and your payment will be deducted automatically and is non-refundable. If you have any complaints in relation to the service provided, then that dispute must be taken up with the third party service provider directly.

    The Company has the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where the Company reasonably believes you to be in breach of the Terms of Use.

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

  • E. Disclaimer; Limitation of Liability; Indemnity

    DISCLAIMER

    THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” QUARTER MASTER DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, QUARTER MASTER MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE FROM 3RD PARTIES. YOU AGREE THAT YOU BEAR THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICE. THIS DISCLAIMER DOES NOT ALTER YOUR RIGHTS AS A CONSUMER TO THE EXTENT NOT PERMITTED BY APPLICABLE LAW.

    LIMITATION OF LIABILITY

    QUARTER MASTER SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICE, EVEN IF QUARTER MASTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. QUARTER MASTER SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICE OR YOUR INABILITY TO ACCESS OR USE THE SERVICE. QUARTER MASTER SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND QUARTER MASTER’S REASONABLE CONTROL. IN NO EVENT SHALL QUARTER MASTER’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICE FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED 100 EURO (EUR 100) OR THE EQUIVALENT AMOUNT IN LOCAL CURRENCY.

    THESE LIMITATIONS DO NOT PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

    Indemnity

    You agree to indemnify and hold Quarter Master and its officers, directors, employees and agents, harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Service; (ii) your breach or violation of any of these Terms; (iii) your sharing of Contact Information with Quarter Master; (iv) Quarter Master’s use of Contact Information or User Content; or (v) your violation of the rights of any third party.

  • F. Other Provisions

    Notice

    The Company may give notice by means of a general notice on the Service, electronic mail to your email address in your account (if you have created an account), or by written communication sent by pre-paid post or courier to your address listed in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by pre-paid post or courier) or 12 hours after sending (if sent by email). You may give notice to Quarter Master, with such notice deemed given when received by Quarter Master, at any time by first class mail, pre-paid post or courier to Quarter Master, 111 Nguyen Van Huong, Thao Dien ward, district 2, Ho Chi Minh city, Vietnam.

    General

    You may not assign these Terms without Quarter Master’s prior written approval. Quarter Master may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Quarter Master’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you or Quarter Master as a result of these Terms or use of the Service. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Our 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 Quarter Master in writing.

  • G. Refund Policy

    When are you eligible for a full refund ?

    – No Quarter Master has executed the request.
    – All Suppliers has cancelled the requests or asks to cancel the requests.

    In all of the cases above, your card will not be charged.

    When are you not eligible for a refund ?

    – When the Quarter Master has commenced request execution.

    – The supplier did not meet your standards (please contact our support line in this case).

    How to request a refund ?

    – For refund, please contact our customer support at xinchao@quartermaster.vn

     

  • H. Referral Award

    Through your use of the Service, you may be eligible to receive payment of a referral award from Quarter Master for valid referrals of new clients who use the Quarter Master service in Vietnam, subject to the terms and conditions set forth in the Service.  Without limiting the foregoing, you will only be eligible to a referral award for clients who are new clients to the Quarter Master platform and who were first referred to Quarter Master by you through your valid use of the Service. You agree that Quarter Master is not responsible for any referral award that is not paid to you due to your failure to provide and maintain accurate Account information, including, without limitation, accurate banking information.

  • K. Dispute Resolution; Governing Law

    These Terms are governed by and constructed in accordance with the laws of Vietnam, excluding its rules on conflicts of laws. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. Any dispute, conflict or controversy, howsoever arising out of or broadly in connection with or relating to these Terms, including but not limited to those relating to its validity, its construction or its enforceability, shall be first mandatorily submitted to settlement proceedings under the International Chamber of Commerce Amicable Dispute Resolution Rules (ICC ADR Rules). If the said dispute has not been settled within 60 days after a request for Amicable Dispute Resolution has been submitted under the said ICC ADR Rules, such dispute shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (ICC Arbitration Rules). The ICC Rules’ Emergency Arbitrator provisions are excluded. The dispute shall be resolved by one arbitrator to be appointed in accordance with the ICC Rules. The place of arbitration shall be Ho Chi Minh City, Vietnam. The language of the arbitration shall be Vietnamese.

A BETTER LIFE LIMITED LIABILITY COMPANY