PLEASE READ THESE BINDING LEGAL TERMS CAREFULLY BEFORE USING THIS SITE OR MAKING A RESERVATION
BY ACCESSING, USING, VIEWING, TRANSMITTING, CACHING OR STORING THIS SITE OR ANY OF ITS SERVICES, FUNCTIONS, MATERIALS, OR CONTENTS, YOU SHALL BE DEEMED TO HAVE AGREED TO EACH AND ALL THE TERMS, CONDITIONS, AND NOTICES IN THIS SITE (“AGREEMENT”) WITHOUT MODIFICATION. CERTAIN TERMS, INCLUDING BUT NOT LIMITED TO THE ARBITRATION CLAUSE AND CLASS ACTION WAIVER CLAUSE, MAY RESTRICT YOUR RIGHTS TO BRING A CLAIM IN A COURT OF LAW. If you are not an Authorized User, and if you do not agree to the terms of this Agreement, you may not use this Site, including without limitation to make a reservation, or download any Materials from it. If you do not agree with these terms and conditions, please leave the Site immediately.
The documents, data, information and other materials (collectively the “Material(s)”) contained on the Web Site (the “Site”) are provided by The Wind Group (“TWG”), exclusively for non-commercial, individual use by prospective and confirmed TWG guests and/or TWG® Rewards Members to inquire about or make travel reservations and related services and for no other purpose (collectively, “Authorized Users”).
TWG reserves the right to change the terms, conditions, and notices under which the Materials and the Site are offered at any time.
AGREEMENT FOR USE
You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use this Site in accordance with all terms and conditions herein. You agree to be financially responsible for all of your use of this Site (as well as for use of your account by others, including without limitation minors living with you). You agree to supervise all usage by minors of this Site under your name or account. You also warrant that all information supplied by you or members of your household in using this Site is true and accurate and without limitation, or any false or fraudulent reservation. You agree that the reservations facilities of this Site shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. You understand that overuse or abuse of the reservation facilities of this Site may result in your being denied access to such facilities.
For any reservations or other services for which fees may be charged, you agree to abide by the terms or conditions of purchase imposed, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of rates, products, or services. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Site. Note that in most cases TWG-branded hotels are independently owned and your transaction may not be a direct transaction with TWG, but with the franchisor/licensor of an hotel. By using this Site you agree to be bound to the owner of the hotel and to TWG, if applicable, and to abide by the booking terms and conditions.
Functionality is not guaranteed with all types of mobile devices in using this Site. In addition, the connection to a mobile device will not work if your device is not configured for SSL encryption. You should contact your service provider directly for technical assistance or any questions. Please note that security features vary by carrier/service provider and mobile device. Additional minutes/charges may apply and may be charged by your mobile carrier/service provider.
Currency rates are based on publicly available sources and should be used as guidelines only. Room rates are guaranteed only in hotel’s local currency. Currency quotes are not updated every day. The currency information supplied by this web site is believed to be accurate, but TWG and/or its parent, subsidiaries and affiliates do not warrant or guarantee such accuracy.
LIMITED LICENSE TO VIEW AND COPY
The content and information displayed on this Site (“TWG Materials”) is the property of TWG and/or other parties. The downloading, reproduction, or retransmission of TWG information, other than for non-commercial individual use, is strictly prohibited.
This Site is to be used by Authorized Users for personal use only. Commercial uses of this Site are strictly prohibited. If you are currently an Authorized User, you are granted a limited, non-transferable, revocable license to view and copy the Materials solely for your personal use, subject to the restrictions below.
You agree not to: (a) copy, display, modify, reproduce, or otherwise transfer any of the Materials to any third party without the prior written permission of TWG; (b) interfere or disrupt networks connected to the Site; (c) use or attempt to use any device, software or routine which interferes with the proper functioning of the Site or any transactions being offered through the Site; (d) transmit files, data or other materials containing a computer virus, corrupted data, worms, “Trojan horses” or other instructions or design that would erase data or programming or cause the Site or any equipment or system to become inoperable or incapable of being used in the full manner for which it was designed; (e) deliver any communication to or through the Site which violates any local, state, federal or international law; (f) deliver any communication to or through the Site that contains defamatory, libelous, abusive or obscene material; or (g) deliver any communication to or through the Site that will infringe upon the rights of any third party.
INTELLECTUAL PROPERTY RIGHTS
This Site and the Materials contain and reference trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights of TWG and/or other parties. No license or right to or in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of TWG and/or other parties is granted to or conferred upon you. Reproduction or storage of materials obtained from this Site is subject to the Vietnam copyright law. No Materials may be reproduced, distributed, posted, displayed, uploaded, or transmitted except as expressly permitted herein. You may not remove any copyright, trademark notice or proprietary notices from the Materials; or use the Materials or this Site except as permitted in this Agreement. The use of any Materials from the Site on any other internet, intranet, web or other site or computer environment is prohibited. You may not utilize framing techniques to frame any TWG trademarks, logos, or other proprietary information (including images and text). You may not use any meta tags or any other “hidden text” utilizing our name, trademarks or other proprietary information.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Web site are the copyrighted property of one of the TWG companies, or their subsidiaries, affiliates, or an TWG licensor, as applicable. All contents of this Web site are protected by United States and international copyright laws.
The Wind is a trade name describing the subsidiary companies of The Wind Group involved in the hotel business around the world. Trademarks owned by an TWG company may not be used or displayed publicly without the prior written permission of the owner of the marks, except for downloaded logos and photographs as provided for elsewhere on this site. Any rights not expressly granted herein are reserved.
The following are some of the service marks owned by The Wind Group: The Wind Boutique Resort, The Wind Mountain Side Boutique Hotel.
TWG respects the copyright rights of others and has adopted and implemented a policy that provides for (a) the removal of content from this Site under appropriate circumstances, and (b) the suspension or termination of account holders or subscribers who repeatedly infringe the copyright rights of others. If you are a copyright owner and you believe your work has been copied in a way that constitutes copyright infringement, please contact TWG’s designated Copyright Agent, as hereafter defined, and provide the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right of copyright that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party (for example, the complaining party’s physical address, email address, and telephone number);
- A statement that the complaining party has a good faith belief that use of the material is unauthorized; and,
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications of claimed infringement should be directed to the TWG as follows:
Parties submitting content to the Site should be aware that TWG reserves the right to suspend or terminate their subscriptions or accounts in the event that TWG determines, in its sole discretion, that they have engaged in repeated acts of copyright infringement.
OWNERSHIP OF MATERIALS
The Materials are confidential and proprietary information of TWG or its licensors, as applicable.
LINKED WEB SITES
This Site includes links to other web sites. TWG provides such links solely as a convenience to you and for informational purposes only. TWG has not reviewed all of the information on these other web sites. The inclusion of these links in no way indicates TWG’s endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from such web sites. Neither TWG, nor any other providers of products or services related to this Site, shall be responsible for the content of any other web sites and make no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk. Other web sites may include links to the Site. The inclusion of such links does not indicate the other web site’s endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from the Site.
If you have been provided with a login and password, then any such login and password are for your personal use only. You may not reveal your login or password to anyone else or permit anyone else to use your login and password to access the Site. You are responsible for maintaining the confidentiality and security of your login and password and accept responsibility for all activities that occur under your account or password. You must notify TWG immediately in the event that the security of your login or password has been breached.
DISCLAIMER. THE MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. Further TWG does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Materials. TWG may make changes to the Materials, or the programs, policies or other information described in the Materials, at any time without notice. TWG makes no commitment to update the Materials.
LIMITATION OF LIABILITY
IN NO EVENT SHALL TWG BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING LOSS OF PROFITS OR DATA, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE OR THE MATERIALS, OR THE PERFORMANCE OR NON-PERFORMANCE BY TWG OR ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE, THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY OF RECOVERY, EVEN IF TWG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711): WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB SITE LINKED TO THE SITE. WE WILL NOT BE LIABLE FOR THE PRIVACY OF THE INFORMATION, E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT TRANSMITTED OVER NETWORKS ACCESSED BY THE SITE, OR OTHERWISE CONNECTED WITH YOUR USE OF THE SITE.
TWG reserves the right, in its sole discretion, to modify your access or terminate your access to the Site and the Materials or any portion thereof at any time, without notice.
All notices and other communications permitted or required by the provisions of this Agreement may be given by electronic mail, conventional mail or, if by TWG, by posting such notice on this Site. Notice is deemed given upon receipt by you if sent by electronic mail or conventional mail, or immediately upon posting to this Site.
This Agreement shall be governed by, construed and enforced in accordance with the laws of Vietnam, without regard to its conflicts of law rules. The exclusive jurisdiction for any dispute not covered by the terms of the Arbitration provision set forth in this Agreement or Materials may be filed only in the provincial or federal courts located in Vietnam.
Except with respect to any claim or dispute involving the ownership, validity or use of any TWG trademarks or service marks, any dispute arising out of or related to this Agreement or Materials (including any claim that any provision of this Agreement or Materials are invalid, illegal, or otherwise voidable or void), seeking as relief money damages and/or attorneys’ fees or other damages will be submitted for arbitration to the Vietnam Court System.
The arbitration proceedings shall be heard by one independent arbitrator who shall be an attorney or retired judge. The arbitration shall be held in Vietnam and in accordance with the then-existing Commercial Arbitration Rules of Vietnam. All matters within the scope of the Vietnamese law will be governed by it. You waive any rights to maintain other available resolution processes for such disputes, such as a court action or administrative proceeding, to settle disputes. You waive any right to a jury trial for such disputes. The rules in arbitration are different from the rules that apply in court. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in the Agreement, as a court would.
In reaching his or her decision, the arbitrator shall follow this Agreement and Materials, shall be bound to apply the applicable law and shall not rule inconsistently with the applicable law. The arbitration shall be conducted on an individual basis, and not as a consolidated, common, representative, group or class. The arbitrator shall include in his or her award any relief he or she deems proper in terms of money damages (with interest on unpaid amounts from the date due at the maximum rate allowed by law), and attorneys’ fees and costs. The award of the arbitrator shall be conclusive and binding upon all parties hereto and judgment upon the award may be entered in any court of competent jurisdiction.
Confidential. Other than as may be required by law, the entire arbitration proceedings (including, but not limited to, any rulings, decisions or orders of the arbitrator), shall remain confidential and not be disclosed to anyone other than the parties to this Agreement.
Limitations Period. Any and all claims and actions arising out of or relating to this Agreement or Materials shall be commenced within one (1) year from the occurrence of the facts giving rise to such claim or action, or such claim or action shall be barred.
Class Action Waiver. You agree that you will not file a class action, or participate in a class action against TWG. You agree that you will not file or seek a class arbitration, or participate in a class arbitration, against TWG.
This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior oral and written agreements. No failure or delay on the part of TWG in exercising any right or remedy hereunder or enforcing the terms and conditions of this Agreement will operate as a waiver thereof. If any part or provision of this Agreement is found to be invalid, unenforceable or void, then the remaining portion shall remain in full force and effect. Headings are for convenience only and not for use in interpretation of this Agreement.
Effective Date: 01 April 2019