Terms of Use for Watsons’ Website / Watson’s Mobile Application
Notice On Disclaimer and Limitation of Liability
1. Application
This notice applies to:
a. the use of www.watsons.vn and/or Watsons’ Mobile Application (collectively "Watsons");
b. all information stored on or receivable through this or any other www.watsons.vn server ("Information"); and
c. any goods or services offered, accessed or obtained through Watsons by you ("the User" or you).
This notice limits the liability A.S. Watson Group and its associated companies, subsidiaries, employees, agents, contractors and any third party Information provider (collectively "ASW") in relation to any such use, Information, goods and services.
Your continued use of Watsons or any part of it will be deemed as full knowledge and acceptance of these Terms of Use. If you do not agree to these Terms of Use, your sole recourse shall be to cease using Watsons.
2. Copyright
The Information may be protected under intellectual property laws and rights (including without limitation laws protecting copyright). If the User downloads, copies, transmits, publishes, stores or otherwise uses the Information without the consent of the owner of such rights, the User may infringe such laws or rights. It is the User's responsibility to determine whether any such infringement ("Copyright Infringement") will occur.
3. General Disclaimer
ASW expressly disclaims any responsibility, representation or warranty:
a. in relation to the quality, operation, use, accuracy, or timeliness of, or the fitness or use for any purpose of, Watsons or the Information;
b. in relation to any goods or services accessed, offered or obtained through Watsons or pursuant to the Information;
c. that any access to Watsons or the Information will be uninterrupted or error free or that the Information does not contain any viruses, or contaminating or destructive properties;
d. that the Information will not be objectionable or offensive to the User or any other person;
e. for any error, omission or misstatement in or arising from the Information.
ASW does not endorse or recommend any person, organisation, name, product or service referred to in the Information, nor does the Information constitute ASW's views or opinions. ASW will not be a party to any transaction between the User and any third person in any way relating to the Information or made through Watsons unless and only to the extent expressly stated in writing otherwise.
4. Third Parties Websites
Watsons may contain materials produced by third parties or links to other websites. ASW accept no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not linked to Watsons) which are not under ASW's direct control. ASW reserves the right to require the removal of any link from another website to Watsons which is installed without obtaining the prior written consent of ASW.
5. Limitation of Liability
ASW shall not be liable to the User or any other person whether in tort, contract, statute or otherwise (including without limitation for negligence, breach of contract, defamation, or intellectual property right infringement) for:
a. any direct loss;
b. any consequential or indirect loss (including without limitation loss of revenue or profits); or
c. the User's liability to any other person, which is suffered or incurred by the User or any other person arising under or in any way out of the Information or Watsons' use.
6. Confidentiality
ASW does not warrant (and accepts no responsibility for) confidentiality of any information or data whether personal or otherwise transmitted through Watsons. ASW's current practice is to take reasonable steps to maintain confidentiality.
7. Availability and Suitability of Services
ASW does not warrant that the information or materials contained in Watsons are current or accurate or that any of the products or services featured on Watsons are available. ASW may change the materials appearing on Watsons at any time without notice.
8. User's Obligations
8.1 In consideration of ASW allowing the User access to the Information and/or Watsons, the User agrees:
a. not to carry out or allow any Copyright Infringement;
b. not to use the Information or the User's access to Watsons for any illegal, improper, obscene or defamatory purpose;
c. to take all steps to ensure the Information does not damage the User's information or systems;
d. to ensure that all information which you provide to Watsons is true and accurate to the best of your knowledge;
e. to ASW conducting research on access to the Information;
f. to all ASW's disclaimers and limitations of liability set out in this notice; and
g. to ASW's personal data policies current from time to time applying.
8.2 You agree and undertake NOT to: (i) post, promote or transmit any materials or information through Watsons which are or may be offensive, indecent, obscene, defamatory or which may not be lawfully disseminated under applicable laws or which you know or have reason to suspect contains any viruses or damaging components that may detrimentally interfere with Watsons or its operation; (ii) use Watsons other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws, or view, listen to, download, print or use any materials in Watsons other than as allowed under applicable laws; (iii) impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity; (iv) provide on Watsons data that are inaccurate and agree to take sole responsibility for such information and data; and (v) share or disclose your account information and password and shall be responsible for maintaining the confidentiality of the same by restricting access to such information and to your computer/device. You agree to accept responsibility for all activities that occur under your account, whether such activity is authorized or not. You should notify ASW immediately if you have knowledge or have reason for suspecting that the confidentiality of your account has been compromised or that there has been any unauthorized use thereof.
8.3 Any feedback, comments, or suggestions (“Submission”) you may provide on Watsons is entirely voluntary and we will be free to use such Submission as we see fit and without any obligation to you. By making a Submission, you grant ASW a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submission throughout the world in any media. You also grant ASW the right to use the name you submit in connection with such Submission.
9. Indemnity
User agrees to hold ASW harmless and indemnify ASW against all losses, damages, claim, demands, liabilities, costs (including legal costs), and expenses in connection with your use of Watsons in breach of the terms and conditions herein or negligence.
10. Law and Severability
The laws of Vietnam governs this notice, and each part of this notice shall apply to the extent permitted thereby. Any part of this notice which is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction only to the extent of the prohibition or unenforceability. That does not invalidate the remaining parts of this notice nor affect the validity or enforceability of that part in any other jurisdiction. Where this disclaimer is available in Vietnamese, the English version is the governing version and shall prevail whenever there is a discrepancy between the two versions.
Enquiries:
Should you have any enquiries concerning this Terms of Use, please feel free to contact our Customer Services Department. The address is as follows:
Watsons (Vietnam)
Floor 12A, Vincom Tower, 70-72 Le Thanh Ton, Ben Nghe ward, District 1, Hochiminh City, Vietnam
Customer Service hotline: 1900 9249
Email Address: contactUs@watsons.vn