Our Terms of Service were last updated on March 20, 2023. Please read these terms and conditions carefully before using our Services.
Interpretation and Definitions
Interpretation
Words with the first letter capitalized have meanings as defined under the following conditions. The meanings of the following definitions will not change regardless of whether they appear in singular or plural form.
Definitions
For the purposes of these Terms of Service:
- “Affiliate” means an entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interests, or other securities with voting rights to elect directors or other managing authority.
- “Account” means a unique account created for you to access our Services or parts of our Services.
- “Company” (referred to as “Company”, “We”, “Us” or “Our” in this Agreement) refers to FLYER Technology Joint Stock Company or the FLYER virtual exam.
- “Country” means Vietnam.
- “Content” refers to content such as text, images, or other information that may be posted, uploaded, linked to, or otherwise provided by you, regardless of the form of such content.
- “Device” means any device that can access the Services, such as a computer, mobile phone, or digital tablet.
- “Feedback” means feedback, comments, or suggestions you send regarding the attributes, performance, or features of our Services.
- “Services” refers to the Website, Mobile Application.
- “Terms of Service” (also known as “Terms”) means these Terms of Service, which constitute the entire agreement between you and the Company regarding the use of the Services. This Terms of Service agreement was created by the TermsFeed Terms of Service Generator.
- “Third-party Social Media Services” means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included in, or provided by the Services.
- “Website” refers to “Cambridge & TOEFL Primary Exam Preparation”, accessible from https://flyer.vn/ .
- “You” means the individual accessing or using the Services, or the company or legal entity on behalf of which that individual is accessing or using the Services, if applicable.
Agreement
These Terms of Service govern the use of this Service and the operational agreement between you and the Company. These Terms of Service set out the rights and obligations of all users regarding the use of the Services. Your access to and use of the Services is contingent on your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, users, and others who access or use the Services. By accessing or using the Services, you agree to be bound by these Terms of Service. If you do not agree with any part of these Terms of Service, you may not access the Services. Your access and use of the Services are also contingent upon your acceptance of and compliance with the Company’s Privacy Policy. Our Privacy Policy describes our policies and procedures regarding the collection, use, and disclosure of your personal information when you use the Application or Website and informs you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using our Services.
User Accounts
When you create an account with us, you must provide us with accurate, complete, and up-to-date information at all times. Failure to do so will constitute a breach of the Terms, which may result in immediate termination of your account on our Services. You are responsible for safeguarding the password you use to access the Services and for any activities or actions under your password, whether your password is for our Services or a third-party social media service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark subject to any rights of another person or entity other than you without appropriate permission, or a name that is offensive, vulgar, or obscene.
Content
Your Content Rights
Our Services allow you to post Content. You are responsible for the Content that you post on the Services, including its legality, reliability, and appropriateness. By posting Content on the Services, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Services. You retain any and all of your rights to any Content you submit, post, or display on or through the Services and you are responsible for protecting those rights. You agree that this license includes the right for us to provide your Content to other users of the Services, who may also use your Content in accordance with these Terms. You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms; and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any third party.
Restricted Content
The Company is not responsible for the user content of the Services. You understand and expressly agree that you are solely responsible for the Content and for any activities that occur under your account, whether you or any third party uses your account. You may not transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
- Illegal or promotes illegal activities.
- Defamatory, discriminatory, or malicious content, including references or comments regarding religion, race, sexual orientation, gender, national or ethnic origin, or other targeted groups.
- Spam, machine – or randomly – generated content, constitutes unlawful or unsolicited advertising, chain letters, or any other form of solicitation.
- Contains or installs any viruses, worms, malware, trojan horses, or other content designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or to obtain unauthorized access to any data or other information of any third party.
- Violates any ownership rights of any party, including patents, trademarks, trade secrets, copyrights, publicity rights, or other rights.
- Impersonates any person or entity, including the Company and its employees or representatives.
- Violates the privacy rights of any third party.
- Misleading and false information and features.
The Company has the right, but not the obligation, in its sole discretion, to determine whether any Content is appropriate and complies with these Terms, to refuse or remove this Content. The Company has the right to format and edit as well as change the manner of any Content. The Company may also limit or revoke your use of the Services if you post such objectionable Content. Since the Company cannot control all content posted by users and/or third parties on the Services, you agree to use the Services at your own risk. You understand that by using the Services, you may be exposed to Content that you may find offensive, obscene, inaccurate, or objectionable and you agree that in no event will the Company be liable in any way for any Content, including any errors or omissions in any Content, or for any losses or damages of any kind incurred as a result of your use of any Content.
Content Backup
Although regular backups of Content are performed, the Company does not guarantee that there will be no loss or corruption of data. Damaged or invalid backup points may result from, but are not limited to, Content that was corrupted prior to backup or Content changes during the backup process. The Company will provide support and attempt to resolve any known or detected issues that may affect Content backups. But you acknowledge that the Company has no legal responsibility related to the integrity of the Content or the unsuccessful restoration of the Content to a usable state. You agree to maintain a full and accurate copy of any Content at a location independent of the Services.
Copyright Policy
Intellectual Property Infringement
We respect the intellectual property rights of others. Our policy is to respond to any claims that Content posted on the Services infringes copyright or other intellectual property rights of any person. If you are the copyright owner or authorized to act on behalf of one and you believe that a copyrighted work has been copied in a way that constitutes an ongoing copyright infringement occurring through the Service, you must send your written notification to us via email (admin@flyer.us ) and include in your notice a detailed description of the allegedly infringing activity. You may be liable for damages (including costs and attorney fees) if you misrepresent that any Content infringes your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notice under the Digital Millennium Copyright Act (DMCA) by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further details):
- Electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
- Description of the copyrighted work that you claim has been infringed, including the URL (i.e., the web address) of the location where the copyrighted work or a copy of the copyrighted work exists.
- Identification of the URL or specific location on the Service where the material that you claim is infringing is located.
Your address, phone number, and email address. - Your statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- Your statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
You may contact us via email (admin@flyer.us ). Upon receipt of a notice, the Company will take whatever action it deems appropriate in its sole discretion, including removing the challenged content from the Services.
Intellectual Property
The Services and its original content (excluding Content provided by you or other users), features, and functionalities will remain the exclusive property of the Company and its licensors. The Services are protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Your Feedback
You assign all rights, title, and interest in any Feedback you provide to the Company. If for any reason the assignment is ineffective, you agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, copy, disclose, sublicense, distribute, modify, and exploit such Feedback without any restriction.
Links to Other Websites
Our Services may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You also acknowledge and agree that the Company shall not be liable or responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Termination
We may terminate or suspend your Account immediately, without prior notice or liability, for any reason, including but not limited to if you breach these Terms of Service. Upon termination, your right to use the Services will cease immediately. If you wish to terminate your Account, you may simply stop using the Services.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages (including, but not limited to, damages for loss of profits, data loss, or other information, arising from business interruption, personal injury, loss of privacy arising from or in any way related to the use of or inability to use the Services, third-party software and/or hardware used with the Services, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Disclaimer
The Services are provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, regarding the Services, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, as well as warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Without limiting the foregoing, the Company does not warrant or make any representations concerning the Services will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of its suppliers makes any representation or warranty of any kind, express or implied: (i) regarding the operation or availability of the Services, or the information, content, and materials or products included therein; (ii) that the Services will be uninterrupted or error-free; (iii) regarding the accuracy, reliability, or currency of any information or content provided through the Services; or (iv) that the Services, the servers on which the Services are hosted, content, or emails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, time bombs, or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on the rights of consumers under the law, so some or all of the exclusions and limitations above may not apply to you. But in such cases, the exclusions and limitations set forth in this section shall be enforced to the fullest extent permitted by applicable law.
Governing Law
The laws of the Country, without regard to its conflict of law principles, will govern these Terms and your use of the Services. Your use of the Application may also be subject to other local, state, national, or international laws.
Dispute Resolution
If you have any concerns or disputes about the Services, you agree to first attempt to resolve the dispute informally by contacting the Company.
Severability and Waiver
Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be modified and interpreted to fulfill the objectives of that provision to the fullest extent possible under applicable law and the remaining provisions will remain in full force and effect.
Waiver
Unless otherwise provided herein, the failure to exercise a right or require performance of an obligation under these Terms shall not affect a party’s ability to exercise that right or to demand such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Changes to These Terms of Service
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days’ notice before any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Services.
Contact Us
If you have any questions about these Terms of Service, please contact us by email at: admin@flyer.us .
