TABLE OF TERMS & CONDITIONS
• Site User Age
• Geographic Location
• Changes to Terms and Conditions
• Intellectual Property
• Online Reservations
• Prohibited Conduct
• Links to Other Sites
• Disclaimer of Warranties; Limitation of Liability
• Governing Law
TERMS & CONDITIONS
The Myst Dong Khoi, which operates hotels and spas throughout Vietnam.
The purpose of the Site is to provide information about our hotels, spas and services, answer inquiries from customers and potential customers, and provide for online reservations and bookings.
These terms and conditions govern your use of the Site and create a legally binding contract between The Myst Dong Khoi and you. These terms and conditions only apply to the Site. Other sites owned or operated by The Myst Dong Khoi may have their own terms and conditions. By continuing to use the Site, you accept these terms and conditions as are including any changes that may be made to them from time to time. If you do not wish to be bound to these terms and conditions, your only option is cease using the Site. You are responsible for all telephone and/or Internet service provider charges you incur as a result of accessing the Site.
Site User Age
The Site is intended for users 18 years of age and older. By accessing and/or using the Site, you represent that you are: (1) 18 years of age or older; (2) of legal age to use the Site; and (3) of legal age to enter into a binding contract as it relates to these terms and conditions.
The Myst Dong Khoi operates the Site from Ho Chi Minh city, Vietnam. If you use the Site outside of Vietnam, you are responsible for following your applicable local laws and determining, among other things, whether your use of the Site violates any local laws. Please note that by using the Site, you agree that personally identifiable information and other non-personal data about you may be transmitted to Vietnam.
Changes to Terms and Conditions
The Myst Dong Khoi reserves the right to change these terms and conditions at any time without notice to you. By using the Site subsequent to any change of these terms and conditions, you agree to be bound by such change.
Other than the exceptions specifically referenced in these terms and conditions, all content on the Site is the property of The Myst Dong Khoi or the referenced third party, or is licensed and/or used by permission by The Myst Dong Khoi including, but not limited to, all marks, logos, trade names, text, data, documents, messages, pictures, images, video, audio, graphics, links, or other electronic files (collectively, “Site Content”). No license to or right in any such Site Content is granted to or conferred upon you.
Online reservations for our hotels are made through the Site.
You are responsible for maintaining the confidentiality of any Site account access information needed to reserve a room, and agree to notify The Myst Dong Khoi if this access information is lost, stolen, or otherwise compromised. You are responsible for all activities that occur under any such Site account.
You agree that you will make only legitimate reservations or bookings in good faith for use by you and your invited guests only, and not for other purposes, including without limitation, reselling, impermissibly assigning or posting on third-party websites, or making speculative, false or fraudulent reservations or bookings.
The following conduct is strictly prohibited in connection with accessing or using the Site:
• violating, or encouraging anyone else to violate, any applicable laws or regulations;
• collecting other users’ personally identifiable information or using any technology such as a robot, spider, scraper or other automated means to access, scrape, or data mine the Site or to otherwise collect mass data from the Site in order to create compilations or databases of information on Site users, trends, or Site functionality;
• downloading any software from the Site unless such process is required and approved by The Myst Dong Khoi as part of using the Site;
• imposing an unreasonable or disproportionately large network strain or denial-of-service attack on, or engaging in any behavior that disrupts the operation or performance of, the Site or The Myst Dong Khoi’ computer and/or network infrastructure;
• hacking into or gaining unauthorized access to protected areas of the Site and/or The Myst Dong Khoi’ computers, servers or networks, and/or any computers or systems used by other users of the Site, including but not limited to, circumventing Site security features; and/or
• uploading any harmful files or viruses.
You agree to indemnify, defend and hold harmless The Myst Dong Khoi, including its officers, owners, directors, employees, affiliates, agents, licensors, representatives, solicitors, attorneys, and business partners (“Indemnified Parties”), from and against any and all claims, demands, losses, costs, damages, liabilities, judgments, awards, and expenses (including attorneys' and solicitors’ fees, costs of defense, and direct, indirect, punitive, special, individual, consequential, or exemplary damages) The Myst Dong Khoi or any of the Indemnified Parties suffer in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that relates to your use of the Site, your breach of these terms and conditions, or use of the Site by any person using your Site account.
Links to Other Sites
The Site may contain links to external and third-party sites, including third-party advertisers, not controlled and/or affiliated with The Myst Dong Khoi. The Myst Dong Khoi’ display of links is not meant to imply that The Myst Dong Khoi approves, guarantees, recommends, or endorses the linked sites or the content and/or products/services available on those linked sites. The links are not meant to suggest any implied association with The Myst Dong Khoi.
Disclaimer of Warranties; Limitation of Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE MYST DONG KHOI MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE OR ANY GOODS OR SERVICES OFFERED THROUGH THE SITE. THE MYST DONG KHOI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE MYST DONG KHOI DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT ON THE SITE WILL BE ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS, OR SECURE. THE MYST DONG KHOI IS NOT LIABLE FOR ANY DAMAGE TO YOUR COMPUTER OR SYSTEMS AS A RESULT OF OTHER THIRD-PARTY BEHAVIOR. THE SITE, INCLUDING ANY GOODS OR SERVICES PROVIDED THROUGH THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE" BASIS.
IN NO EVENT WILL THE MYST DONG KHOI, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR RELATED PARTIES, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, ACTUAL, OR OTHER INDIRECT DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES EVEN IF THE MYST DONG KHOI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES, ARISING OUT OF ANY MATTERS OR CLAIMS YOU MAY RAISE RELATING TO THE SITE. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE MYST DONG KHOI OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR RELATED PARTIES, EXCEED THE GREATER OF THB 3,000 (THAI BAHT) OR THE AMOUNT YOU PAID TO THE MYST DONG KHOI FOR THE APPLICABLE GOOD OR SERVICE OUT OF WHICH THE LIABILITY AROSE. IF ANY OF THE LIMITATIONS CONTAINED HEREIN ARE CONTRARY TO APPLICABLE LAW (SUCH AS, CONSEQUENTIAL OR INCIDENTAL DAMAGES), THE MYST DONG KHOI’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW.
Any disputes relating to these terms and conditions or the Site are governed by, and will be interpreted in accordance with, the laws of Vietnam, without regard to any conflict of laws provisions. You irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of Vietnam for any litigation or disputes arising out of or relating to the use of the Site, waive any objection to the venue of any such litigation or disputes in Vietnam courts, and agree not to plead or claim in any Vietnam court that such litigation brought therein has been brought in an inconvenient forum.
The Myst Dong Khoi reserves the right, without notice and reason, to disable the Site, your Site account, or your access to the Site. This includes the right to not give any effect to any reservation you make through the Site. You agree that The Myst Dong Khoi is not liable to you or any other third party for these actions.
If any part of these terms and conditions is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these terms and conditions, all of which will remain in full force and effect. The invalidity of any term is limited to the jurisdiction where such term was deemed to be invalid.
The Myst Dong Khoi’ failure to enforce any portion of these terms and conditions is not a waiver of such portion.
In addition to any sections with specific language regarding survival, the proprietary rights, disclaimer of warranties, representations made by you, indemnities, and limitations of liability shall survive the termination of these terms and conditions.
As a result of these terms and conditions, no joint venture, agency, or other type of relationship is created between you and The Myst Dong Khoi other than as parties to a contract as specified herein.
The Myst Dong Khoi does not assume any liability or responsibility for your use of the Internet or the Site including, but not limited to, any damage your computer or related systems may sustain as a result of accessing the Site.
The Myst Dong Khoi will in no way be liable for any failure to perform any obligations contained in these terms and conditions if such failure is due to circumstances beyond the reasonable control of The Myst Dong Khoi, such as acts of God.
If you need to contact The Myst Dong Khoi for any reason not already specified in these terms and conditions, please use the following contact information:
Name: Marketing Department