By using the Site, you (i) agree to be bound by the Terms, (ii) represent that you are over the age of thirteen (13) and able to form legally binding contracts, (iii) agree and acknowledge that by using the Service you are accepting a benefit that cannot be disgorged, (iv) acknowledge that the service is subject to and U.S. export controls and agree that you will comply with Vietnam’s export controls and U.S. export controls, and (v) represent that you are neither located in a sanctioned country nor a prohibited person.
PLEASE NOTE THAT THESE TERMS PROVIDE THAT IF YOU AND UNITZ ARE UNABLE TO RESOLVE ANY DISPUTES THAT ARISE EITHER INFORMALLY OR THROUGH MEDIATION, THE DISPUTE WILL BE RESOLVED BY VIETNAM INTERNATIONAL ARBITRATION CENTER(VIAC). THE LANGUAGE OF ARBITRATION IS VIETNAMESE . YOU AND UNITZ ALSO AGREE THAT ANY CLAIMS OR DISPUTES CANNOT BE BROUGHT AS A CLASS ACTION. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION SECTION BELOW. IF YOU DO NOT ACCEPT THE ARBITRATION PROVISION BELOW, YOU MAY NOT USE THE SITE.
THESE TERMS ALSO EXPLAIN THE CONSENT YOU PROVIDE TO US TO CONTACT YOU USING THE TELEPHONE NUMBERS AND THE EMAIL ADDRESS YOU PROVIDE TO US, INCLUDING VIA AUTOMATED DIALING OR TEXTING SYSTEMS (SEE SECTION 4 FOR MORE INFORMATION).
BY USING THE SERVICE OR CREATING AN ACCOUNT AT UNITZ, YOU ACCEPT AND AGREE TO THESE TERMS OF SERVICE AND THE ADDITIONAL POLICY FOLLOWED HERE.
The words “User,” “you” and “your” refer to the individual or entity that creates a Unitz account as a Customer and/or Supplier. “Unitz,” “we,” “us” and “our” refer to Unitz. “Customer”, “Student”, “user” called “customer” refers to the person who asks a question or or enrolls to a course on the Site. “Expert”, “Teacher”, “Advisor” refers to the person who answers a question on the Site, called “Supplier”
When you visit Unitz or send us e-mails, you are communicating with us electronically as well as via e-mail, text message, calls, video calls, and push notifications. You consent to receive communications from us through the means outlined above or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically or through other means, satisfy any legal requirement that such communications be in writing. You agree to provide us with, and maintain in your Unitz account profile, your current and active email address.
Unitz may modify any of the Terms at any time by posting them on the Site. Changes shall automatically be effective upon posting; provided, however, that those changes that Unitz, in its sole discretion, deems material changes to the Terms will be effective as to an existing User upon the earlier of: (1) the agreement of the User; or (2) thirty (30) days after notice to the existing User from firstname.lastname@example.org email address to the User’s email address on file with Unitz or via other means including, but not limited to, a pop-up or banner, message, or other conspicuous notice on the Unitz website or app. If you affirmatively agree to the new terms, your agreement will be effective immediately. You agree to make any and all necessary arrangements so that you (and not your spam filter) receive all emails from Unitz email addresses. Your continued use of the Service will signify your acceptance of the changes. If you do not accept the changes, your sole and exclusive remedy is to cancel your account and discontinue using the Site. The latest Terms will be posted on the Site, and you should always review them prior to using the Site.
Communications from Unitz, including its agents, representatives, affiliates, or business partners, may include but are not limited to: operational communications concerning your account or use of the Unitz Site or app, updates concerning new and existing features of the site or app, marketing information and promotions run by us, our agents, representatives, affiliates, or business partners, and any news concerning Unitz.
By entering your telephone number and your email address into the Unitz website or app, you expressly agree to receive communications for the purposes identified above from us, our agents, representatives, affiliates, or business partners, via e-mail, SMS or text messages, phone calls, video calls, and push notifications. You further expressly agree that these communications, including phone calls, SMS or text messages, may be generated using automated technology, such as an automatic telephone dialing system, or artificial or prerecorded voice, and even if your telephone number(s) is listed on any corporate organization Do-Not-Call lists.
You represent that for the telephone number(s) and the email address that you have provided to us, you are the current subscriber or customary user and that you have the authority to provide the consent described above to be contacted at such number(s) and email. You agree to promptly alert us whenever you stop using a particular telephone number or your email. Standard charges may apply to the receipt of these calls or text messages, email for free.
Opting-out of Promotional Communications. If you wish to opt out of promotional emails, you can unsubscribe from our promotional email list by following the unsubscribe options in the promotional email itself. If you wish to opt out of marketing or promotional calls or texts, text back “STOP” to the number you received outreach from, from the mobile device receiving the messages. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the site or the services provided by non-Unitz entities.
Please note that consent is not a condition of using our services and consent may be revoked at any time. However, opting out may impact your use of the Site. If you wish to opt out of all texts or calls from Unitz (including operational or transactional texts or calls), you can text the word “STOP ALL” to the number or the email address you received outreach from, from the mobile device receiving the messages, however you acknowledge that opting out of receiving all texts may impact your use of the Site.
The Unitz Site is an online venue for informational and educational purposes, owned and operated by Unitz, that exists solely to broker relationships between Suppliers and potential Customers of those Suppliers who are interested in purchasing their services. Unitz is not in the business of providing or selling information or education that is within any Supplier’s area of Expertise. Users of the Site, not Unitz, provide the content in Posts (defined below). The Suppliers determine which questions to answer; Suppliers are not employees or agents of Unitz but are independent service providers using the Site to sell their Expert knowledge to Customers and, as such, together with Customers, are simply Users of the Site.
Unitz is not involved in the conversations between Customers and Suppliers. You understand and acknowledge that Unitz cannot and does not edit, modify, filter, screen, monitor, endorse or guarantee the content of calls. Unitz shall not be liable for any acts or omissions of Suppliers, content in Posts or the ability of Suppliers to answer questions. We cannot ensure that an Expert will complete a transaction. Notwithstanding the foregoing, Unitz reserves the right, but is not obligated, to refuse to post or to remove any content and/or remove any User’s access to the Site.
EMERGENCY QUESTIONS AND CRISIS SITUATIONS (particularly regarding medical or mental health issues) should not be directed to the Site and should, instead be directed immediately by telephone or in-person to qualified professionals (e.g., in Vietnam., call 115). The Site is not the appropriate venue to deal with such situations.
6. Posts Are Not Private or Confidential; Anonymity
The Site and app are an Internet-based forum. Information and materials submitted in the content of your calls, questions, answers, requests for information, responses, profiles, signatures, qualifications, comments, and posts in the Expert Forum and other places where Users communicate on the Site (collectively "Posts") is not private or confidential, nor is it protected by attorney-client, doctor-patient, or any other privilege, and it may be read, collected, and used by others. For example, search engines may index your calls, questions, answers, and other Posts to allow them to appear in search engine results (e.g. if someone does a search on google.com or another search engine, your questions, answers, and other Posts on Unitz.vn that relate to the search may appear in the search results list).
If you would like to keep your call private from other members, please request to do so via the Unitz site or app.
Every Supplier on the Site has had at least one credential relevant to the category in which they are answering questions verified by a third-party verification service and/or claimed to be a Supplier, unless the Supplier is answering questions in a category that is still being tested by Unitz in "Beta". Other information about a Supplier, not shown as verified, has been provided by the Supplier but has not been verified. Use of the term "Supplier" by Unitz and on the Site is only meant to describe Users who answer questions on the Site, and not to guarantee any particular level of expertise of these Suppliers.
The results of the verifications are only as accurate as the information provided to and by the Suppliers themselves. Unitz makes efforts to verify, but cannot warrant or guarantee an Supplier's purported identity; user identification on the Internet is difficult. For these reasons, Unitz cannot and does not represent, warrant or guarantee the truthfulness or accuracy of the credentials or identities of Users and information provided by Users including Suppliers. You acknowledge that Unitz will not be liable for any loss or damages caused by your reliance on any information or content contained in Posts.
Answers of Suppliers on the Site or app are provided by Suppliers and are to be used by Customers for general information purposes only, not as a substitute for in-person evaluation or specific professional (medical, legal, veterinary, tax, financial, etc.) advice. For example, Suppliers in the Legal category will provide only general information about the law, and will not provide legal advice nor propose a specific course of action for a Customer. By answering questions, Suppliers do not intend to form, and do not form attorney-client or doctor-patient relationships with Users of the Site. The laws, regulations, other governing authorities, standards, practices and procedures that apply to your particular question may differ depending on your location and information typically discovered through in-person evaluations or visits. Suppliers in some categories may be licensed, certified, educated, employed by or have experience in only particular jurisdictions.
No professional-client relationships shall be formed on the Site. Communications on this Site are not confidential and shall not be the subject of any associated privileges. Communications on this Site are limited, as described above, do not involve in-person evaluations or visits, and do not include safeguards and procedures typical of in-person evaluations and visits.
Before you can interact with an Expert, you will be required to agree to a Disclaimer reminding you of these and other important provisions of the Terms.
C. User Accounts
User Accounts. When you register as a User on the Site or in the app, you can establish a user name and limited time authentication number (via text) for access to your online account. You are responsible for maintaining the confidentiality of your user name, and account data, and you may not share this information or your account with anyone else, and you will be solely responsible for all acts or omissions that occur under your account. You will immediately notify Unitz of any unauthorized use of your account. You should only create one account on the Site. If your Unitz account has been suspended or terminated, you may not open another account on the Site.
You agree to keep your contact and billing information (including but not limited to email address) up-to-date, and to comply with all billing procedures, including providing and maintaining accurate and lawful billing information for active Unitz accounts.
Bound by Representatives. You are responsible for and bound by the actions of, and transactions entered into by, your actual and appointed representatives whether authorized by you in writing, verbally, or otherwise to represent you at or with Unitz. You are responsible for monitoring your appointed representatives and protecting the privacy of your username, login information and any other account or financial information provided to Unitz or its vendors and agree to inform us immediately, in writing, of any unauthorized use of the same. If you are checking in or logging in as a representative for anyone other than yourself, you agree that you are a duly appointed and authorized representative for that person or entity and have authority to bind that person or entity to any actions or transactions you conduct.
Restricted Activities. You agree that any content you provide on the Site and your use of our Site or any Additional Services (whether such Additional Services are Informational or Beyond-Information Only, as defined below) initiated through the Site shall not: (a) be fraudulent, inaccurate or misleading; (b) infringe any third party’s proprietary rights or rights of publicity or privacy (Unitz can remove unauthorized use of copyrighted material); (c) be illegal or violate any statute, ordinance, regulation or ethical code of Vietnam; (d) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, but without containing child pornography; (f) contain any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (g) create liability for us or cause us to lose (in whole or in part) the services of our Internet Service Providers or other suppliers; or (h) link directly or indirectly to or include descriptions of goods or services that are prohibited under the Terms or that you do not have a right to link to or include. If you post material that is adult in nature, such material shall be posted with “Mature Audiences Only” in the listing title and appropriate notices to prevent unauthorized underage viewing and shall be distributed only to people legally permitted to receive such content. You may not consummate any transaction that was initiated using our Service that, by paying us a fee, could cause us to violate any applicable law, statute, ordinance or regulation. Furthermore, you may not resell or make any commercial use of our system or the content on the Site without Unitz’s prior written consent. We do not knowingly collect personal information from children under 13 years of age, and if we become aware that a child under the age of 13 has submitted personal information to us, we will promptly remove it from our systems.
Suspension or Termination of Service. Customers may terminate your service and account at your sole discretion and at any time by written notice via e-mail to email@example.com.Terminations typically will be effective within thirty business days after our receipt of your termination notice, at which time your account will be closed and you will no longer enjoy access to your former account. Any fees accrued as of the effective date of termination will be payable according to the Terms. The procedure for Suppliers to terminate their accounts is set forth in the Supplier Agreement.
At any time, with or without notice, for any or no reason, Unitz reserves the right to modify or discontinue any portion or all of the Site or Services, and to restrict, suspend and terminate Customers’ and/or Supplier accounts.
Terms and Conditions Specific to Mobile Applications. Once you have registered as a User on the Site, you may elect to download and use different versions of the Unitz mobile application (the “App”) or use on the Site. Download and use of the App is not required. By downloading and using one or more versions of the Unitz App, you agree that in addition to this Agreement governing your use of the App and the Unitz, the following terms and conditions specifically applicable to your use of the App (the “Mobile Terms”) also apply to you:
(a) You acknowledge that the Mobile Terms and the Agreement is between you and Unitz, and not any other third-party beneficiary (as defined below in (b)) and you understand that Unitz is solely responsible for the App;
(b) Additionally, Apple, Google, Inc., or Microsoft Corporation will be a third-party beneficiary to this contract if you access the Unitz platform using Applications developed for Apple iOS, Android, or Microsoft Windows mobile devices, respectively;
(c) Your access and use of the Unitz App using these devices is subject to terms set forth in the applicable third-party beneficiary’s terms of service;
(d) The third-party beneficiaries listed above are not parties to this Agreement and are not responsible for the provision or support of the Unitz platform in any way;
(e) If you are accessing the Unitz App through an Apple device, you acknowledge that Apple and its subsidiaries (collectively, “Apple”) are third party beneficiaries of the Agreement and upon your download of and use of the App indicating your assent and agreement to the Mobile Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Mobile Terms against you as a third party beneficiary thereof.
10. Charges, Rating the Expert, Refund and Cancellation Policy
Unitz’s platform allows Customers to post questions to Suppliers in subject-matter categories, facilitates communication with Suppliers via chat, emails, calls, video calls, and online message boards, and enables delivery of answers to your questions, among other services (“Site Access Benefits”). Customers on the Site or may be presented with a payment model: Pay-Per-Call. With the pay-per-call model, you select the expert that you are willing to pay for to ask questions, and/or talk to. Once you have selected a supplier and submitted your payment information, your call will start or be booked for a later date and/or time. Customers are charged in one of four ways depending on the payment source, as described on the payment page: (i) when the call starts; (ii) when the call is scheduled; (iii) when the call is extended; or (iv) enroll in a course by a teacher, or an event organised by a supplier/partner
Rating the Expert. Suppliers typically answer Customers’ calls quickly. If the Supplier requests further information before answering your question, you may wish to take advantage of the opportunity to provide more information to the Supplier to allow the Supplier to help you better.
Once the Supplier answers your question and/or talks to you, you will be asked to rate the Supplier. If you provide a rating of 1 or 2, Unitz will watch the recorded call to better access your claims, so the Supplier may try to help you better on a later call, if requested. By booking a call, you are authorizing Unitz to charge your payment source (for example, the credit card or eWallet account you provided to Unitz Like Momo, ZaloPay, Viettel Pay, VNPay, OnePay). A portion of your payments may be paid to the Supplier instead of to Unitz.
Unitz does not guarantee that you will be satisfied with your communication with a Supplier. For Pay-Per-Call Customers, in the rare instance that the call is disconnected due to the Expert side or Unitz's system, you agree that any amount you have paid may be paid by Unitz retained for review Benefits of receiving site Access Benefits received . See Refunds section below for information on requesting a refund.
No Refunds except as set forth herein. Unitz maintains the right to initiate special incentive pricing, coupons, vouchers, and other programs. These may be limited, at Unitz’s sole discretion, to defined and limited Users or non-Users. Any promotional monies or credits placed into Customer accounts by Unitz for use towards Site Access Benefits on the Site remain the property of Unitz (they never become the property of Customers and never become refundable to the Customer), and unless otherwise stated on the Site or in an email to a Customer, will be usable only for thirty (30) days.
In case Unitz determines that there is a problem stemming from Unitz, the Customer's refund request is approved, Unitz will refund the customer, in accordance with the terms of the Unitz Refund
Users are responsible for their acts and omissions and content placed on the Site. Unitz will not be liable to Users for any disputes that may arise between or among Users.
You acknowledge that Unitz and its licensors and suppliers own the rights to the Unitz website and the content displayed on the Site. You shall not modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the Unitz website, any software distributed by or assist any other person or entity in doing so. You acknowledge that all content, including, but not limited to, text, software, music, sound, photographs, video, graphics or other material contained in listings, sponsor advertisements or email-distributed, commercially produced information presented to you by the Service, by Unitz, Unitz Users, or Unitz Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service, whether done directly or through intermediaries (including, but not limited to, by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) including code and software for commercial purposes. For permission to use third-party materials appearing on the Site, please contact the copyright owner. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
If you access Unitz or copy, display, distribute, perform or create derivative works from content displayed on the Site or other intellectual property in violation of the Terms of Service or for purposes inconsistent with the Terms of Service, your access, copying, display, distribution, performance or derivative work is unauthorized. Circumvention of any technological restriction or security measure on Unitz or any provision of the Terms of Service that restricts content, conduct, accounts or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of Unitz web pages on your computer or computer server constitute “copies” under the Copyright Act.
You agree that Posts on the Site, materials, ideas, comments and testimonials you submit on the Site or other venues, including, but not limited to, the Unitz blogs; the Unitz venues on www.facebook.com, www.instagram.com, www.twitter.com, www.linkedin.com, www.youtube.com, www.pinterest.com, plus.google.com, www.flickr.com; the Site administrator; or any employee, officer or agent of Unitz (“User Content”), will not be considered confidential and may be used by Unitz, in its sole discretion, without any obligation to compensate for use of or to return any submitted materials. You also agree that Unitz owns, and has the right to register in its name, trademarks and service marks for any category names that you create on Unitz, so do not use a category name that you want to reserve for your own benefit. Unitz may use other trademarks or service marks in lieu of the category names that you create.
You grant to Unitz a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights, including the right to use, reproduce, display, edit, copy, modify, transmit, publicly perform, extract and create derivative works thereof, that you have in your Posts, recorded calls, and User Content, in any media now known or not currently known, with respect to any such Posts and other User Content.
Unitz may endeavor to offer to its Users products and services offered by non-Unitz entities. The Site may contain links to third party websites and service providers (collectively, “Third Party Services”) that are not owned or controlled by Unitz. Unitz has no control over and assumes no responsibility for the content, practices, and privacy policies of such Third Party Services. Unitz encourages you to, and you acknowledge that you are solely responsible for, reviewing and complying with any third party terms and conditions and privacy policies. Unitz cannot and will not censor or edit the content of any Third Party Service. Placement of information, logos, links or names of such non-Unitz entities on the Site does not constitute an endorsement or warranty of these entities, their products or services. By using this Site, you agree that Unitz is not responsible for, and you take full responsibility for, a decision to visit or patronize any such Third Party Service or entity, you hold Unitz harmless from any and all liability arising from such actions, and you expressly relieve Unitz from all liability arising from your use of Third Party Services. You further acknowledge that no relationship (such as partnership, agent, joint venturer, or employee) is created between you and Unitz or between any User (including Customers and Suppliers) and Unitz by formation of this Agreement (or any of the Terms) or by your participation on the Site. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY OPINION, ANSWER OR OTHER CONTENT AVAILABLE THROUGH THE SITE, FROM THIRD PARTIES OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ANSWER, PRODUCT, SERVICE, OR OTHER CONTENT.
15. Information Control and Storage
We do not control the information provided by Users, which you may find to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. There are also risks of dealing with underage persons or people acting under false pretenses. Additionally, there may be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and that Unitz is not responsible for the acts or omissions of Users on the Site.
16. Exclusion of Warranties
UNITZ SERVICES, SOFTWARES, AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THIS SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. UNITZ DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNITZ DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AVAILABLE THROUGH THE SERVICE, FROM THIRD PARTIES OR A LINKED SITE WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE OR OTHERWISE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
UNDER NO CIRCUMSTANCES WILL UNITZ BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE, FROM THIRD PARTIES (SUCH AS SUPPLIERS OR OTHERS) OR A LINKED SITE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PARTY OR A LINKED SITE. USE OF THIS SITE IS AT USER’S SOLE RISK.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM UNITZ OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY.
IN NO EVENT SHALL UNITZ, ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, JOINT VENTURERS, CONSULTANTS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, PROFITS, DATA, USE, REVENUE OR OTHER ECONOMIC ADVANTAGE), ARISING OUT OF, OR IN CONNECTION WITH, OUR SITE, OUR SERVICES OR THE TERMS BASED ON ANY THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. IN NO EVENT WILL OUR LIABILITY, AND THE LIABILITY OF OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE EXCEED THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO UNITZ IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
You agree to indemnify and hold Unitz, its parents, subsidiaries, officers, directors, shareholders, employees, agents, joint venturers, consultants, successors and assigns harmless from and against all losses, costs, liabilities and expenses including reasonable attorneys’ fees, asserted by any third-party that are in any way due to, or arising out of, your use of or conduct on the Site.
The Site may contain press releases and other information about Unitz. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by Unitz. Likewise, third-party press about Unitz or the Site should not be relied upon as being provided or endorsed by Unitz.
Except as set forth in Section D.21 below, the parties agree that this Agreement and any and all claims, causes of action or disputes (regardless of theory) between you and Unitz arising out of or related to this Agreement, the Site and any services or content accessed therein will be governed by the laws of Vietnam, without regard to conflict or choice of law principles.
If you are a Supplierwith a dispute, claim or controversy of any sort and of any nature (collectively, “dispute”) against Unitz in your capacity as an Supplier, then the arbitration agreement in the Supplier Agreement applies instead of this one. If your dispute with Unitz is made in your capacity as a User who is not a Supplier, then the following dispute resolution provisions apply.
This Section D.21 may be referred to as the parties’ “Dispute Resolution Agreement.” If you have a dispute with Unitz or if Unitz has a dispute with you and such dispute cannot be resolved informally, such dispute will be resolved on an individual basis in accordance with the provisions set forth below:
(a) Informal Resolution. Prior to initiating mediation or arbitration, the party with a grievance must:
(i) Notify the other party, in writing, of the facts of the dispute and all damages claimed. Such a writing must be sent to the User’s email address on file with Unitz, or Unitz Company Limited, 246 Phan Xich Long, Ward 7, Phu Nhuan District, Ho Chi Minh City, Vietnam or firstname.lastname@example.org, whichever is applicable (“Dispute Notification”);
(ii) The party receiving the Dispute Notification has thirty (30) days from receipt of the Dispute Notification to respond.
(iii) The other party then has 15 days to reply to the response.
(b)Mediation.. If the dispute is not resolved informally, either party may make a demand for mediation, with the other party’s consent, shall be resolved by the Vietnam International Arbitration Center (VIAC). The language of arbitration is Vietnamese.
CUSTOMERS NEED TO ACCEPT THAT ANY RISKS AGAINST OUT OF USE OR OPERATION OF THE UNITZ SITE AND/OR SERVICES WILL BELONG TO THE CUSTOMERS FOR THE MAXIMUM LEGAL PERMITTED.
YOU FURTHER ACKNOWLEDGE THAT YOU AND UNITZ ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY REGARDING ANY DISPUTE. IT IS IMPORTANT THAT YOU UNDERSTAND THAT THE ARBITRATOR’S DECISION WILL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.
Arbitration Procedures: DISPUTES WILL BE RESOLVED BY VIETNAM INTERNATIONAL ARBITRATION CENTER(VIAC). THE LANGUAGE OF ARBITRATION IS VIETNAMESE Either party can initiate a demand for arbitration. Each party will be responsible for its own costs, including paying any VIAC filing, administrative and arbitrator fees in accordance with VIAC rules. The award rendered by the arbitrator may include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. In the event of any inconsistency between this Dispute Resolution Agreement and the applicable rules of theVIAC, this Dispute Resolution Agreement shall govern.
Consent to Jurisdiction in Vietnam: The parties agree that the arbitration will be conducted in Ho Chi Minh City unless you and Unitz agree otherwise.
(d) CLASS ACTION WAIVER. YOU AND UNITZ EXPRESSLY AGREE THAT:
(i) ANY ARBITRATION PROCEEDING WILL TAKE PLACE ON AN INDIVIDUAL BASIS;
(ii)YOU EXPRESSLY WAIVE YOUR ABILITY TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE PROCEEDING;
(iii)THERE SHALL BE NO CLASS CLAIMS, CONSOLIDATION, OR JOINDER ALLOWED IN ANY ARBITRATION BETWEEN THE PARTIES; (iv) IF THIS ARBITRATION AGREEMENT IS FOUND INAPPLICABLE TO YOUR DISPUTE WITH UNITZ, THIS CLASS ACTION WAIVER WILL CONTINUE TO APPLY IN LITIGATION; AND (v) YOU AGREE THAT THIS CLASS ACTION WAIVER IS AN ESSENTIAL ELEMENT OF OUR CONTRACT AND THESE TERMS AND THAT IT MAY NOT BE SEVERED. THE ARBITRATOR SHALL NOT CONSOLIDATE CLAIMS OF DIFFERENT USERS INTO ONE PROCEEDING, NOR SHALL THE ARBITRATOR HAVE THE POWER TO HEAR ARBITRATION AS A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION. SIMILARLY, ANY CLAIMS COVERED BY THIS DISPUTE RESOLUTION AGREEMENT THAT UNITZ MAY HAVE AGAINST USER MAY NOT BE BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION OR REPRESENTATIVE ACTION PROCEEDING.
(e) Survivability; Right to Consult. This Dispute Resolution Agreement shall survive expiration or termination of this Agreement for any reason. User acknowledges and agrees that he/she is entering into this Dispute Resolution Agreement voluntarily and without any duress or undue influence by Unitz or anyone else. User further acknowledges and agrees that he/she has carefully read this Dispute Resolution Agreement and that User has asked any questions needed for User to understand the terms, consequences and binding effect of this Dispute Resolution Agreement and fully understand it, including that User is waiving his/her right to a jury trial. Finally, User agrees that he/she has been provided an opportunity to seek the advice of an attorney of User’s choice before agreeing to this Dispute Resolution Agreement.
You agree that Unitz may assign the Terms to any other entity of its choosing, with or without notice to you. You may not assign the Terms to any other party for any reason, including, but not limited to, because your interaction with other users of the Site, the pricing offered, and fraud mechanisms in place, are based upon individual usage. Unitz shall not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by an officer of Unitz. No delay or omission on the part of Unitz in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occasions. The section titles in the Terms are solely used for the convenience of the parties and shall have legal as contractual significance.
This Section, along with Sections 6, 10 (with respect to amounts remaining in your account as of termination), 11, 13, 16, 17, 18, 20, and 21 above will survive any termination of this Agreement.
You may be presented with an offer for services outside of the Site’s standard call platform (“Additional Services”).
Unitz is only a venue which facilitates communication between Suppliers and potential Users of Additional Services. It does not provide any of the substance or content of any Additional Service initiated through Unitz’s platform.
Unitz will in no way be liable for any acts or omissions of Suppliers in performing Additional Services (or any services) for you.
Additional Services may be: (1) “Information Only;” or (2) “Beyond Information Only.” “Information Only” Additional Services are those additional services outside the Site’s standard question-and-answer platform and may be conducted off the Site (either by phone, chat, email, remote desktop or any other third-party tool) but remain for general informational services only. Additional Services that are “Beyond Information Only” facilitate Legal, Financial, Medical, Health, Pet, and Large Animal Category Users’ exchange of services that are more than informational and that could potentially evolve into a professional relationship.
If you decide to accept Information Only Additional Services, you understand that by receiving such Additional Services, you are agreeing to the following terms and conditions:
a. Any Information Only Additional Services you receive from a legal, financial, tax, medical or veterinary professional are for general informational purposes only.
b. The legal, financial, tax, medical or veterinary professional from whom you are receiving Information Only Additional Services is not acting as your attorney, tax advisor, stock broker, financial advisor, doctor or veterinarian.
c. The legal, financial, tax, medical or veterinary professional from whom you are receiving Information Only Additional Services may not be licensed in the jurisdiction where you are located.
d. The Information Only Additional Services are not subject to an attorney-client/ accountant-client/fiduciary-client/broker-client/doctor-patient relationship or attorney-client/ accountant-client/doctor-patient privilege. Before applying the Information Only Additional Services to your specific situation, you should consult with a professional licensed to practice in your jurisdiction.
e. Any amounts a Customer pays for Information Only Additional Services are divided into two distinct parts: (i) Unitz’s fee for enabling the call, offer and/or fulfillment of Additional Services and related services (“Additional Site Access Benefits”); and (ii) the Expert’s fee for the specific Additional Service provided to the User. Unitz does not share in any Expert’s fee.
f. Once you accept an offer for Information Only Additional Services, your payment method on file, if any, will be automatically charged the Additional Services amount. If you have already asked a question, received a response and have not yet rated the Expert, if you then proceed to accept such Expert’s offer of Additional Services, you will be deemed to have accepted the response as if you had given such Expert a “5” rating (See Section 9, Rating the Expert, above).
If you decide to accept Beyond Information Only Additional Services, you understand that by receiving such Additional Services, you are agreeing to the following terms and conditions:
a. Unitz is not involved in any agreements between you and any Suppliers from whom you choose to receive Beyond Information Only Additional Services.
b. Unitz does not form any attorney-client/finacial advisor-client/broker-client/doctor-patient/accountant-client relationship with any User through its call platform or by virtue of any Beyond Information Only Additional Services.
c. Unitz will endeavor to find an Expert relevant to your request for Additional Services Beyond Information Only. Nevertheless, Unitz does not guarantee that any Expert who contacts you can fulfill your request for Additional Services Beyond Information Only. Providing a platform where potential Customers can engage the services of Suppliers who offer Additional Services Beyond Information Only does not imply an endorsement or recommendation for any particular Expert (except as specified in Section 7 above).
d. Unitz is not a law firm and it does not provide any legal advice, counsel, or recommendation to Users, nor is Unitz a lawyer referral service.
Payment for Beyond Information Only Additional Services will be described in the particular offer. Unitz’s payment structures take into consideration fee sharing restrictions under various professional ethics rules.