These General Terms and Conditions of Use and Purchase (hereinafter “the General Terms”) govern access to and use by the user (hereinafter “the User”) of the website www.artnesthotel.com (hereinafter, “the Website”), and the purchase of products and services through same. By accepting these General Terms, the User states:
That they have read, understood and accept the conditions herein;
That they are an individual with the legal capacity to enter into a contract;
That they agree to abide by all of the obligations listed here.
The User should read these General Terms carefully each time they access the Website, as the Website and the General Terms are subject to change.
The owner of the Website reserves the right to make any changes to, or to update, the content and services offered, these General Terms and in general any of the elements that make up the design and configuration of the Website, at any time and without prior notice.
1. General information concerning the Website
In line with the regulations of the Vietnamese Government concerning information society services and electronic commerce, the general information concerning the Website is provided below:
Owner: Forio Nha Trang Co., Ltd
Address: 07 Hung Vuong Street, Loc Tho Ward, Nha Trang City, Khanh Hoa Province, Vietnam
E-mail address: email@example.com
2. Access to the Website
Simple access to the Website is free of charge except in regard to connection costs via the telecommunications network provided by the internet access provider contracted by the User.
3. Registration requirements
In general, simple access to the content of the Website does not require any registration on the part of the User, although the use of specific services may be conditional on prior registration.
Data entered by the User should be exact, up to date and correct at all times. If the registered User is allocated a password, the User will be responsible at all times for its safekeeping, with the User liable for any damages that might result from its unauthorized use or for its transfer, disclosure or theft. To this effect, access to restricted areas and/or the use of services and content carried out using the password of a registered User will be assumed to be carried out by confirmed registered User, who shall be liable in all cases for said access and use.
4. Regulations for use of the Website
The User undertakes to use the Website and all of the content and services of same in line with legal, moral and public order conditions and those set out in these General Terms. In addition, the User undertakes to make appropriate use of the services and/or content of the Website and to refrain from using them for unlawful or criminal activities, activities that contravene the rights of third parties and/or activities that constitute an infringement of intellectual and industrial property law, or any other legal regulations that may be applicable.
The User undertakes to abide by the following conditions, including but not limited to:
I. The User will not enter or disseminate content or propaganda that is racist, xenophobic, pornographic, sympathetic to terrorism or that constitutes an infringement of human rights.
II. The User will not enter or disseminate via the internet data programs (viruses and malware) that could cause damage to the computer systems of the access provider, their service providers or third-party users of the internet network.
III. The User will not disseminate, transmit or provide third parties with any type of information, element or content that might constitute a breach of the fundamental rights and public freedoms recognized by the Spanish constitution and international treaties.
IV. The User will not disseminate, transmit or provide third parties with any type of information, element or content that constitutes unlawful or unfair advertising.
V. The User will not transmit unsolicited or unauthorized advertising, advertising material, “spam”, “chain mails”, “pyramid schemes” or any other form of solicitation, except in those areas (such as commercial spaces) that are exclusively intended for these purposes.
VI. The User will not enter or disseminate any information or content that are false, ambiguous or inexact in a way that would lead recipients of the information to commit errors.
VII. The User will not impersonate other Users by using their registration data for the different services and/or content on the Website.
VIII. The User will not disseminate, transmit or provide third parties with any type of information, element or content that might constitute a breach of intellectual and industrial property rights, patents, brands or copyright held by the owners of the Website or by third parties.
IX. The User will not disseminate, transmit or provide third parties with any type of information, element or content that implies a violation of the confidentiality of communications or data protection laws.
The User undertakes to compensate Forio Nha Trang Co., Ltd for any possible complaint, fine, penalty or sanction to which the company may be subject as a result of failure on the part of the User to comply with any of the conditions of use listed above. Forio Nha Trang Co., Ltd reserves the right to request compensation for any corresponding damages.
Forio Nha Trang Co., Ltd reserves the right to prohibit any User who infringes the rules and obligations set out in these General Terms from using the services offered through the Website.
5. Exclusion from liability
Forio Nha Trang Co., Ltd accepts no liability for the updating of this Website to keep the information up to date, nor does the company guarantee that the information published is accurate or complete. The User should therefore confirm that the information published is accurate and complete before taking any decision in relation to any service or content described on this Website.
Access by the User to the Website does not imply an obligation on the part of Forio Nha Trang Co., Ltd to ensure the absence of viruses, worms or any other harmful elements. The User is at all times responsible for ensuring access to appropriate tools for the detection and clean-up of harmful computer programs.
Forio Nha Trang Co., Ltd shall accept no liability for damages caused to software and computer equipment owned by Users or third parties during the use of the services offered on the Website, nor for damages of any type caused to the User resulting from failures or disconnection in the telecommunications network leading to the suspension, cancellation or interruption in the Website service during the provision of the service or prior to this.
6. Links to content and services through the Website
The service of access to the Website includes technical devices for links, directories and search engines that enable the User to access other Internet sites and portals (hereinafter “Linked Sites”). In such cases, Forio Nha Trang Co., Ltd shall only be responsible for the content and services provided on the Linked Sites where the company has effective knowledge of any unlawful activity and has failed to duly deactivate the link. Should the User consider that a Linked Site contains unlawful or inappropriate content, they can inform Forio Nha Trang Co., Ltd of this. In no case shall such communication imply the obligation to remove the corresponding link.
In no case shall the existence of Linked Sites imply the entry into agreements with those responsible for or the owners of said sites, nor the recommendation, promotion or identification of Forio Nha Trang Co., Ltd with the opinions, content or services provided.
Forio Nha Trang Co., Ltd is unaware of the content and services provided on Linked Sites and therefore accepts no liability for damages caused by the unlawful nature, quality, failure to update, unavailability, error or useless nature of the content and/or services on the Linked Sites or for any other damage that is not directly attributable to Forio Nha Trang Co., Ltd.
In those cases where the User can access or is redirected to Linked Sites that allow the contracting of services and/or products, the User knows and accepts that Forio Nha Trang Co., Ltd is a simple intermediary by facilitating this access and shall not be liable either indirectly or jointly for damages of any type resulting from the free use and/or contracting of said services and products from third parties, or for the unlawful nature, unreliability, lack of usefulness, untruthfulness, inexact nature, in exhaustive or not up-to-date nature of these. By way of example and by no means exhaustively, Forio Nha Trang Co., Ltd shall not accept liability for damages of any type resulting from insufficient compliance or failure to comply with contractual commitments entered into by third parties; from unfair competition or prohibited advertising; from failure to meet or defrauding of expectations of these services and products provided by third parties or from any faults or defects of any kind that may affect these.
7. Intellectual and industrial property
All content of the Website, including but not limited to the text, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, together with the graphic design and source code, are the intellectual property of Forio Nha Trang Co., Ltd or third parties. None of the rights of use recognized by current intellectual property law applicable to these may be considered to be assigned to the User.
All brands, trade names and distinctive symbols are the property of Forio Nha Trang Co., Ltd or third parties and access to the Website shall not be construed as attributing any rights to these.
8. Contracting services through the Website
The following procedure should be followed by the User to contract services through the Website:
1. Select the characteristics of the booking for the stay in the hotel and proceed with the booking.
2. The page may show different offers to be selected by the User. The page shows prices expressed in Vietnam dong if Vietnamese version or Dollar if other versions.
4. The user will receive confirmation of their order by a message displayed on-screen and receipt of an e-mail sent to the account provided during the purchase process.
8.2 Form of payment
Payment will be made by credit card.
9. Applicable legislation and competent jurisdiction
These General Terms are governed by and interpreted in accordance with Vietnamese law. Forio Nha Trang Co., Ltd and the User undertake to submit any dispute concerning access, use and/or contracting of services through the Website to the courts and tribunals of Khanh Hoa province, Vietnam, except where the law states otherwise.