To be updated from time to time. Last updated on 15 January 2021.

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1. Introduction

These Terms of Use ("Terms of Use"), together with any additional terms which specifically apply to some of our goods, services and features as presented on https://www.hayenchidiep.com ("HYCD"; the "HYCD Website"; "Hà Yên Chi Diệp"; “Ha Yen Chi Diep”;  "hayenchidiep"; and/or "HaYenChiDiep"), collectively referred to as the "HYCD Terms", all set forth the entire terms and conditions applicable to each visitor or user (“User” or “you”), including the user with a membership registered either with or without any Pricing Plan ("Member") of Ha Yen Chi Diep and/or any other goods, services, applications and features offered by us with respect thereto, except where we explicitly state otherwise (all goods, and services offered through the HYCD Website, collectively – the “HYCD Offers”).

 

The HYCD Terms constitutes a binding and enforceable legal contract between Ha Yen Chi Diep and you in relation to the use of any the HYCD Offers. Therefore, please read them carefully.

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You may visit the HYCD Website and/or use the HYCD Offers only if you fully agree to the HYCD Terms - and by using and/or registering to any of the HYCD Offers, you signify and affirm your informed consent to these Terms of Use and any other HYCD Terms applicable to your use of any HYCD Offers. If you do not read, fully understand and agree to the HYCD Terms, you must immediately leave the HYCD Website and avoid or discontinue all use of the HYCD Offers.

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By using the HYCD Website and/ore our Services, you acknowledge that you have read and agree with our Terms of Use; Privacy Policy; Code of Conduct; and Disclaimer.

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2. Membership

In order to access and use certain sections and features of the HYCD Offers, you must first register and create an account with the HYCD Website (“User Account” or "Member Account").

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If anyone other than yourself accesses your User Account's settings, they may perform any actions available to you (unless as specifically stated otherwise on the HYCD Offers), make changes to your preferences and User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.

 

Therefore, we strongly encourage you to keep the log-in credentials of your User Account confidential, and allow such access only to people you trust - as you will be solely and fully responsible for all activities that occur under your User Account (including for any representations, warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.

 

You must provide accurate and complete information when registering your User Account and using the Wix Services, to which you are the sole and exclusive rights holder. We strongly encourage you to provide your own contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account submitted to us. 

 

In case of a dispute on User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership, reach a resolution, without liability to you or to any other party. We may request documentation (e.g. government-issued ID, a business license) that may assist us in determining ownership. Among others, we may consider the principles set forth below.

a) HYCD will consider the owner of a User Account, as the person or entity who has access to the e-mail address listed in HYCD’s records used to create such User Account.

b) If any HYCD Offers were purchased via a User Account, HYCD will consider the owner of such User Account was used to purchase such paid HYCD Offers. 

c) Notwithstanding the forgoing, HYCD shall have the right to determine the ownership of User Account, including by ignoring the indications set forth above, in event HYCD deems, at its sole discretion, that the situation justifies such determination, all based upon the factual situation as determined by HYCD.  

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3. Your obligations

You represent and warrant that:

a) you are at least thirteen (13) years of age, or sixteen (16) years of age if you are an individual within the European Union (EU), or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the HYCD Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the HYCD Terms;

b) your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;

c) you understand that HYCD Offers, including but not limited to our blog, writings, drawings, pre-recorded videos, live-discussions, peronsal readings, and/or any other information ("Materials"), are for entertainment purposes only; 

d) you understand that HYCD does not provide and/or offer any professional consultancy, treatment, and/or any other solution to your problems and/or issues; 

e) you understand that HYCD does not take any responsibility regarding and/or for any aspect of your life and/or any dicisions which you make;

f) you understand that HYCD Offers may have some 18+ contents. If you are not eligible to access those contents, either by your national laws or cultures, you must not access them;

g) you understand that HYCD has the right to update the HYCD Offers in alternative pricing plans and impose different HYCD Terms from time to time; and

h) you understand that all drawings and writings used on HYCD Website are creatd by HYCD's owner.

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4. Your undertakings

4.1. You undertake and agree to:

a) receive from time to time promotional messages and materials from HYCD or its partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices, please send us an e-mail to HaYen.Trinh@hayenchidiep.com.

b) take all responsibilities regarding and/or for all and any aspects of your life and/or all and any dicisions which you make. 

4.2. You undertake and agree not to:

a) act in a manner which might be perceived as damaging to HYCD's reputation and goodwill or which may bring HYCD into disrepute or harm;

b) copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the HYCD Website and the HYCD Services (or any part thereof), any content created and/or offered by HYCD, and/or any part thereof ("HYCD Content") in any way, or publicly display, perform, transmit or distribute any of the foregoing without HYCD’s prior written and specific consent and/or as expressly permitted under the HYCD Terms;

c) violate, attempt to violate, or otherwise fail to comply with any of the HYCD Terms or any laws or requirements applicable to your use of the HYCD Offers.

4.3. You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any HYCD Offers provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such HYCD Offers.

 

5. Privacy

Certain parts of the HYCD Offers (including certain third party services available therein, e.g.: payment services such as Paypal) require or involve the submission, collection and/or use of certain personally identifying or identifiable information. In particular and as a part of accessing or using the HYCD Offers, HYCD and such third party services may collect, access and use certain data pertaining to User and Member. We encourage you to read our Privacy Policy and each such third party services’ relevant policies on a regular basis, for a description of such data collection and use practices.

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6. Paid offers

The use of certain HYCD Offers may be subject to payment of particular fees, as determined by HYCD in its sole discretion (“Paid Offers” and “Fees”, respectively). HYCD will provide notice of such Fees in effect in relation to such Paid Offers. If you wish to acces, receive, or use such Paid Offers, you are required to pay all applicable Fees in advance.

 

HYCD reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. HYCD has the right to automatically, and without notice, renew your subscription to such HYCD Offers.

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As part of registering or submitting information to receive Paid Offers, you also authorize HYCD (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment and Fees (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries HYCD or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).

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7. Subscription auto-renewal

In order to ensure that you do not experience any interruption or loss of experiencing any of Paid Offers, certain Paid Offers include an automatic renewal option by default. Such Paid Offers will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period (excluding extended periods) and, unless otherwise notified to you, at the same price (subject to applicable taxes changes and excluding any discount or other promotional offer provided for the first period) (“Renewing Paid Offers”).

 

​By agreeing with these Terms of Use and by purchasing any of the Renewing Paid Offers, you acknowledge and agree that the Renewing Paid Offers will automatically renew in accordance with the above terms.  

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8. Cancellation

8.1. Cancellation by Member

You may discontinue to use and request to cancel your User Account and/or any HYCD Offers at any time, in accordance with the instructions available on the HYCD Website. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the HYCD Offers, and the effective date for cancellation of Paid Offers shall be at the end of such Paid Offers’ subscription period.

 

Notwithstanding anything to the contrary in the foregoing, with respect to subscriptions to Renewing Paid Offers, such subscription will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge the cancellation request should be made at least thirty (30) days prior to the expiration of the then-current service period.

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8.2. Cancellation by HYCD

Failure to comply with any of the HYCD Terms and/or to pay any due Fees will entitle HYCD to suspend (until full payment is made) or cancel your Member Account (or certain features thereof), as well as the provision of any related HYCD Offers (e.g., Paid Offers) or third party services to you. 

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8.3. Loss of content, data, and capacity

If your User Account or any HYCD Offers or third party services related to your User Account are cancelled (whether at your request or at HYCD’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any access to the Paid Offers (“Capacity Loss”). HYCD shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account. ​

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9. Payment provider

We are using Wix.com as our web-host provider. Therefore, depending on your location, upon purchasing certain Paid Offers, any payment is subject to and will be governed by the Wix Payments Terms of Use. 

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10. Indemnity

You agree to defend, indemnify and hold harmless HYCD, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from: (1) your violation of any term of these Terms of Use or any other HYCD Terms; and (2) your violation of any third party right, including any intellectual property right. 

 

11. General 

11.1. Changes and updates

HYCD reserves the right to change, suspend or terminate any of the HYCD Offers (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the HYCD Offers for any reason and/or change any of the HYCD Terms with or without prior notice - at any time and in any manner. We will fully refund you in each relevant case.

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You agree that HYCD will not be liable to you or to any third party for any modification, suspension or discontinuance of those HYCD Offers.

If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your User Account (as further explained above), continue to support your then-current HYCD Offers without enabling such changes, or provide you with alternative Services.

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11.2. Notices

We may provide you with notices in any of the following methods: (1) via the HYCD Website, including by a banner, a published announcement in the blog, a chat window, a message box, or a pop-up within the HYCD Website, User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. HYCD’s notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.

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11.3. Contact

Any of your queries and concerns regarding these Terms of Use and the HYCD Terms must be sent to HaYen.Trinh@hayenchidiep.com.

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