Updated on 1st March 2022
WHAT IS BAVE?
THE COMPANY OR BAVE IS A TECHNOLOGY COMPANY THAT DOES NOT PROVIDE CAR CARE SERVICES AND THE COMPANY IS NOT A CAR CARE SERVICE PROVIDER (THE “SERVICE PROVIDER”). It is up to the third party service providers to offer car caring services to you and it is up to you to accept such service. The service of the company ids to link you with such third party service providers, but does not nor is it intended to provide car caring service or any act that can be construed in any way as an act of car caring service provider. The Company is not responsible nor liable for the acts and/or omissions of any third part service provider or any of such services provided for you.
The Third Service Providers are referred to as Auto Garage, insureance service, payment service registering and participating in BAVE’s system as Service Providers and legal self-assurance when providing shipping services and being responsible for the service provided. As the Service Providers use the Software for the providing the Services, the Service Providers will be consider as the Customer in the Agreement.
1. Commitments and obligations of using the Application or Service
You may only access the Service using authorized means. It is your responsibility to check and ensure that you have downloaded the correct and compatible Software for your device. The Company is not liable if you do not have a compatible device or if you have downloaded the wrong or incompatible 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. BAVE reserves the right to terminate the Service and the use of the Application if Customer uses the Service or Application on an incompatible or unauthorized device.
By using the Software or the Application, you agree that:
1. Customers will only use the Service or download the Application for sole personal use and will not resell it to the third parties.
2. Customers will not authorize the others to use their account;
3. Customers will not assign or otherwise transfer his / her account to any other person or legal entity;
4. Customers will not use any account belonging to any non-customer’s right without proper permission;
5. Customers will not use the Service or Application for any purpose that is unlawful, including without limitation the sending or storage of any material that is unlawful; or for the fraudulent purposes;
6. Customers will not use the Service or Application to cause nuisance, discomfort or inconvenience;
7. Customers will not damage the proper operation of the network;
8. Customers will not intentionally damage the Service or Application in any way;
9. Customers will not copy or distribute the Application or other Content of BAVE without the written permission of BAVE;
10. Customers will keep the confidentiality of his or her account password or any identifying information that we provide to Customers may allow access to the Service and Application;
11. Customers will provide us with any proof of identity that we may reasonably request;
12. Customers will only use the access point or 3G data account (AP) used by the User;
13. Customers know that when requesting SMS transportation service (if available in the jurisdiction of the User), standard messaging charges will be applied;
14. Customers will not use the Service or Application on incompatible or unauthorized equipment;
15. Customers will not use the Application and / or Software to annoy, harass, or otherwise use the Application for cheating purposes.
16. Customers will provide us any proof of identity that we may reasonably request;
17. Customers will not harass or commit any improper or disrespectful behavior towards the Company and / or the Service Provider, whether or not you may have concerns for the Company or the Service Provider;
19. Customers will comply with all applicable laws in his/her home country, country, state and / or city where Customers live while using the Application or Service.
BAVE reserves the right to terminate the Service immediately and the use of the Application if customers do not comply with any of the above.
When using BAVE services, customers can choose to pay by cash, BAVE card, or credit card linked to the account at registration or make a direct payment to the Service provider by bank card or other payment options following the law.
Customers agree that Company may issue a reasonable “authorization hold”, which is not an actual charge against your Card, in order to verify your card payment method. The “hold” may appear in your statement as “pending”. The “authorization hold” is issued as a preventive against any unauthorized or fraudulent usage of your Card.
In addition, customers are responsible for resolving disputes with their Card issuers and bear all costs incurred in the process of using the card with related parties.
For BAVE Card
Customers may top-up / purchase BAVE card limits for the payment of the Service. Customer will bear all costs that may be imposed by the partners, who process this payment method and / or the credit institution, who provide the service to you.
The value in the BAVE Card is valid for one year since the date of purchase. The customer agrees that the Company reserves the right to process the expired BAVE Card and since the expiration date, the customer undertakes not to make any complaint to the Company.
Customers agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, as in force and in connection with any future taxes that may be announced at any point of time. Customers further agree to make the best effort to do everything necessary and/or required by the relevant laws to enable, assist and/or defend the Company to claim or verify any input tax credit, refund in respect of any taxes paid or payable in connection with the Service provided under this Agreement.
4. Promotion code
BAVE may create Promotion codes for redeeming your Account Credit, or other features or benefits related to these Service and / or the services of a Third Party Provider, subject to any additional terms that BAVE sets up on the basis of each promotion code. You agree that the Promotion Code:
1. Must be used for the intended objects and purposes, in a manner consistent with the law;
2. Not to be copied, sold or otherwise distributed in any way, or made publicly available (whether publicly posted in any form or otherwise), except it is authorized by BAVE.
3. BAVE may disable at any time for any reason that BAVE is not responsible for;
4. Can only be used under the specific terms that BAVE sets for that Promotion Code;
5. There is no value converted into cash;
6. It may expire before you use it.
BAVE reserves the right to withhold or deduct any credits, features or other benefits obtained through the use of your Promotion Code or any other user in the event BAVE determines or believes that his/her use or redemption of the Promotion Code are defective, fraudulent, illegal, or in violation of the applicable Promotion Code provisions or these Terms.
5. Licensing, Prohibition, and Intellectual Property Ownership
1. To view, download and print any BAVE Content intended for the personal and noncommercial purposes of the user;
2. To view any User Content that the users are permitted to access exclusively for the personal and noncommercial purposes of the user; and
3. Use a copy of the Application with reasonable needs as the feature of the Application is created.
User does not have permission to re-authorize the license granted in this section.
The users are not allowed to:
1. Licensing, re-licensing, selling, reselling, transferring, distributing, or commercially exploiting, or providing to any third party Service or Application in any manner;
2. Modify or create derivative works based on the Service or Application;
3. Create Internet “links” to the Service or “install” or “duplicate” any Application on any other server or wireless device or Internet-based server or device;
4. Start 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 Service or Application..
5. Sending duplicate or unwanted spam or messages containing contents in violation of the current law;
6. Send or store material that is infringing, obscene, threatening, libelous, or unlawful or harmful, including material that is harmful to the child or violates the privacy of a third party;
7. Send or store material that contains software viruses, worms, Trojan horses or scripts, files, spywares or malicious computer programs;
8. Damage or disrupt the integrity or performance of the Site, Application or Service, or data contained therein.
Intellectual Property Right
BAVE respects the copyright law and users should do so as well. BAVE’s policy will terminate the use of the User or Customer in violation of (repeatedly) or allegedly infringing (in many cases) the rights of the copyright owner in appropriate circumstances.
Intellectual Property Ownership Right
The Company and its licensors (if applicable), shall own all right, title and interest, including all related intellectual property rights, in and to the Site and/or the Application and Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Site, Application or Service.
6. Delay by the Internet Service
The application, or software may contain restrictions, delay and other problems arising from the use of the Internet and electronic communications, including by the equipment you or the service provider from the third party uses, is faulty, unconnected, out of range, power off, or inactive. The Company is not liable for any delay, error of delivery, damage or loss arising from any of the above.
7. Valid time, amendment and termination of the agreement
The agreement between BAVE and the user is signed for an indefinite period of time. Users are entitled to terminate the Agreement at any time by permanently deleting the Application installed on their smartphone, thereby disabling the User’s use of the Application and Service. Users can close their user accounts at any time by following the instructions on the BAVE website.
BAVE reserves the right to terminate this Agreement at any time and to take immediate effect (by deactivating users’ use of the Application and Service) if the user:
8. The confidentiality of Personal Data
BAVE may provide notice by a general notice about the Service or Application or by email to the users’ email addresses listed in BAVE’s account information, or via the communicating document sent through the post office to the users’ addresses listed in the BAVE account information. The notice will be deemed to have been sent to you within 48 hours of mailing (if sent by certified mail or prepaid letter) or after 2 hours after sending the email (if sent by an email). You may send a notice to the Company (these notices will be deemed to have been sent when the Company receives the notice) by mail through the post office to the Company with the contact details as provided in the Application.
11. Current Law and Dispute Resolution
If a State does not accept the jurisdiction of a Vietnamese court or the judgment of a Vietnamese court cannot be enforced in that State, unresolved disputes shall be referred to the Vietnam International Arbitration Centre (“VIAC”), in accordance with the Arbitration Rules of the VIAC as amended from time to time (“Arbitration Rules”) by an arbitrator appointed uniformly by the Parties (“Arbitrator”). If the Parties cannot agree on an arbitrator, the President of VIAC shall designate the Arbitrator in accordance with the Arbitration Principles. The place of arbitration shall be Vietnam, the language of the arbitration must be in Vietnamese and the arbitration fee shall be equally divided among the Parties, unless the Arbitrator requires the fee to be paid in other manner as determined by the Arbitrator that is nnecessary so that this arbitration clause may be enforceable under applicable law.
12. BAVE’s Responsibilities
Information, recommendations and/or services provided to Customers on or through the Site, Service and Application are for informational purposes only and do not constitute a recommendation. BAVE will keep the Site, the Application and its contents accurate and up-to-date without any guarantee that the content of the Site and/or Application is free of defects, malware and viruses or the Site and/or Applications are correct, up-to-date and accurate.
BAVE will not be liable for any damages resulting from the use (or the inability to use) of the Site or the Application (but excluding death or personal injury), including damages by malware, or virus or any inaccuracy or incompleteness of the Information or the Site or Application, unless such damage is caused by any intentional or gross negligence on the part of BAVE.
BAVE will not take the responsibility for the damage caused by the use (or the inability to use) electronic media with the Site or the Application, including but not limited to damages by not providing or otherwise lately providing electronic communications, preventing or manipulating the third party’s electronic communications or computer programs used for electronic communications and transmission of viruses.
13. Force majeure
Force majeure means events which is beyond of control of a Party (“Affected Party”) and not related to its faults or carelessness, and not foreseen and cannot be avoided and irrevocable despite taking all necessary measures and capabilities to allow and render the affected Party unable to perform / guarantee its obligations, including but not limited to:
– Natural phenomenas consist of: natural disasters, epidemics, fires, floods, tsunamis, tornadoes, droughts, earthquakes higher than the standard level, thunder and lightning higher than the standard level; nuclear or radioactive contamination;
– Wars, acts of aggression, terrorism, riot, civil war, vandalism or other hostile acts;
– Strikes and stalled activities are not caused by the fault of either party. Technical failure is beyond the control of each Party;
– Due to changes in the laws and policies of the State of Vietnam.
14. The last term
Customer agrees that the Company has the right to terminate this Agreement immediately if you are in the violation of any of the terms set forth in this Agreement. For the avoidance of doubt, the term of this Agreement does not require the Company to indemnify, refund or pay any costs incurred that you have when using the Service from the Service Provider under this Agreement.