Terms of Use
1. Introduction

1.1 These Terms and Conditions govern your access to and use of the Website (as defined in Definitions below) and/or the Services (as defined in Definitions below). Please read the following Terms and Conditions carefully (including our Privacy Policy) which forms an integral part of these Terms and Conditions) before using the Website and/or the Services.

1.2 By accessing the Website and/or using the Services, you agree to be legally bound by the following Terms and Conditions. We have the right to amend, revise or change these Terms and Conditions (or any part thereof) from time to time without prior or subsequent notice to you. If you do not accept these Terms and Conditions (as amended, revised or changed from time to time), you must immediately discontinue your access of the Website and/or use of the Services.

2. Definition

2.1 For the purposes of these Terms and Conditions, the following definitions apply:

Content” includes all Text, links, Graphics, Design, Programming, attachments and documents relating to SPG Invest used and linked to on the Website.
Design” includes the “look” and “feel” of the Website and the colour combinations and the page layouts of the Website.
Graphics” includes all photographs, videos, logos, buttons and other graphical elements on the Website, with the exception of paid advertising content (if any).
Programming” includes all software, and both client-side code (HTML, JavaScript, etc.) and server-side code (Active Server Pages, VBScript, cold fusion, databases, etc.), used in connection with the Website.
“SPG Invest website” and “Website” refer to: –
The website www.spginvest.com in its entirety including all its individual web pages, and
Any other websites in their entirety including all their individual web pages, operated by SPG Invest from time to time, now or in future
Services” mean any services that SPG Invest may provide or require on the Website from time to time.
Text” includes all text on every page of the Website, whether editorial, navigational or instructional.
User” and “you” refer to any individual, firm, corporation, organisation or entity who accesses the Website or uses the Services.
we“, “us” and “SPG Invest” refer to SPG Invest Holding Pte Ltd., and its subsidiaries and associated companies, or any of them.

2.2 The headings in these Terms and Conditions are for ease of reference only and shall not be taken into account in the interpretation of any of these Terms and Conditions. Words importing the singular meaning shall where the context so admits, include the plural meaning and vice versa. Words importing any one gender shall include all other genders as appropriate and words denoting natural persons shall include firms and corporations and all such words shall be construed interchangeably in that manner.

3. Intellectual Property Rights

3.1 Except as otherwise expressly stated herein, all Content is owned by, licensed to, controlled by or proprietary to SPG Invest, and is protected by the various intellectual property laws. The intellectual property rights in the Website, the Content and the Services shall vest and remain with SPG Invest (or, if applicable, the parties who have authorised SPG Invest to use the same on the Website).

3.2 You must not reproduce, translate, use, modify, display, publish, adapt, communicate, transmit, broadcast, trade, sell or distribute, or otherwise use or exploit in any other way (including without limitation in the creation of derivative works) (a) any portion of or access to the Website; (b) any of the Services; (c) the Content; or (d) any third-party content, information or materials provided on or through the Website for any commercial or any other purposes.

3.3 Linking the Website to any other website or mirroring any of the information on the Website on any other server is also expressly prohibited without our prior written consent.

4. Access and Use of the Website and/or the Services

4.1 You may, subject to the other provisions of these Terms and Conditions:

(a)     view pages from our Website in a web browser;
(b)     download pages from our Website for caching in a web browser;
(c)     print pages from our Website.

4.2 As a condition of your access to and/or use of the Website and/or the Services, you hereby represent, warrant and agree that you will not use, or plan, encourage or help others to use, the Website and/or the Services for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable laws and regulations of Vietnam or elsewhere. Your access and use of the Website, the Content and/or the Services shall solely be for non-commercial, informational, and personal purposes only and not for any other purposes. No other licence or right is granted.

4.3 You must not:

(a) download any material from our Website or save any such material to your computer;
(b) use the Website, the Content and/or the Services in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the Website, the Content and/or the Services;
(c) use the Website, the Content and/or the Services in any way that is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(d) use the Website, the Content and/or the Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(e) post, promote, upload or transmit through this Website (i) information which may infringe the rights of any third party, including but not limited to any third party’s copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy, and/or (ii) any unlawful, harassment, libellous, defamatory, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;
(f) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website and/or the Services without our express written consent;
(g) access or otherwise interact with our Website and/or Services using any robot, spider, or other automated means;
(h) disassemble, decompile, reverse-engineer, reverse-assemble, attempt to derive the source code of, conduct load testing, penetration tests, port scans, vulnerability assessments or other security testing, communicate, republish, upload, post, transmit, edit, re-use, adapt, modify, rent, lease, loan, sell, assign, transfer, distribute, perform, display, license, sub-license or create derivative works based on the whole or any part of this Website;
(i) gather and use data, information and/or particulars posted or transmitted through our Website and/or Services for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing, and direct mailing) other unauthorised purposes;
(j) upload or distribute in any way files which you know or have reason to suspect contain viruses, corrupted files or any other similar software, programs, macros or files that may detrimentally interfere with the operation of this Website, or to do anything which would create or impose an unreasonable or disproportionately large burden or load on this Website, or gain unauthorised access to restricted parts of this Website or its systems.

4.4 You are prohibited from violating or attempting to violate the security of the Website, including without limitation:

(a) Probing, scanning, or testing the vulnerability of a system or network or breaching or circumventing security or authentication measures without proper authorisation;

(b) Interfering with the service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”;

(c) Sending unsolicited e-mail, including without limitation promotions and/or advertisements of products or services; or

(d) Forging any TCP/IP packet header or any part of the identifiers or header information in any e-mail or posting.

Violations of system or network security (including any of the activities described above) may result in civil or criminal liability. SPG Invest will investigate occurrences which may involve such violations and may involve and cooperate with (including disclosing information obtained about users), law enforcement authorities in prosecuting users who are involved in such violations.

4.5 Please do not share any user identification, password, personal identification number or other authentication information, if any, used by you on the Website, with anyone. SPG Invest will not be responsible or held liable for lapses in security caused by unauthorised third-party access arising directly or indirectly out of your failure to keep such information confidential.

5. Deactivation, Suspension or Termination of Access or Services

5.1 SPG Invest may at any time and from time to time, at our discretion, deactivate, interrupt, suspend, restrict or terminate (temporarily or permanently) the operations of, and/or your access to, the whole or any part of the Website and/or the Services (as the case may be) for any period of time, without prior notice and without assigning any reason whatsoever. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the Website and/or Services.

5.2 Without prejudice to the other provisions of these Terms and Conditions, SPG Invest shall not be liable for any loss, damage, costs or expenses that you may suffer or incur resulting from the aforesaid deactivation, interruption, suspension, restriction and/or termination.

6. Disclaimers and Limitations on our Liability
  • The Website and the Content, as well as the information and materials accessed through the Website, are provided on an ‘as is’ and ‘as available’ basis without any warranties of any kind, express or implied or by statute.

  • Our obligations with regards to goods and services on the Website, if any, are governed by the terms and conditions under which they are provided. Nothing on the Website shall be construed to amend or alter the terms and conditions of those goods and services so provided.
  • SPG Invest makes no representations, warranties, or guarantees regarding:
  • the Services, Content, information, materials, software, or links provided on or through the Website;
  • the Website in general;
  • the accuracy, reliability, adequacy, reasonableness, completeness, or timeliness thereof;
  • any email or other form of communication with users;

and to the fullest extent permitted by law, SPG Invest hereby disclaims all liabilities and warranties in respect of the same (including without limitation to warranties of merchantability, title, satisfactory quality, non-infringement of your or any third parties’ rights, or fitness for particular purpose, freedom from computer virus, malicious code and/or other harmful components).

  • SPG Invest does not warrant or represent that the Website and/or the Services will operate error-free or be uninterrupted or that the Website, the Services and its servers are free of computer viruses or other harmful mechanisms or effects or defamatory material or does not infringe third parties’ rights.
  • SPG Invest makes no representation or warranty that the Content, information, and materials contained in or accessed through the Website are appropriate legal or available for use in your location or jurisdiction. If you choose to access the Website from any location or jurisdiction, you do so at your own risk and are responsible for compliance with local laws, if and to the extent local laws are applicable.
  • Statistical data provided on this Website, if any, may include rounding. Any prices and rates posted are subject to change without prior notice and at our absolute discretion. We assume no responsibility for errors (including factual or other inaccuracies or typographical errors) or omissions (if any) present in this Website.
  • The information and data contained in this Website are of a general nature which have not been verified, considered, or assessed by us in relation to the making of any specific investment, business, or commercial decision. You acknowledge that any use or reliance by you on the Services, Content, information, materials, software, or links provided on or through the Website, or on the Website in general, will solely be at your own risk. You should at all times consult your professional advisers and obtain independent verification of the information and data contained herein before making any decision based on any such information or data.
  • Nothing contained on this Website shall be construed as providing consult or advice to you in any jurisdiction.
  • To the maximum extent permitted by law, in no event and under no circumstances shall SPG Invest be liable for any damages, losses, costs or expenses whatsoever (including without limitation, direct, indirect, special, incidental and consequential damages, lost profits, loss of opportunity or loss of reputation) of any nature (including, without limitation for any act, omission, neglect or wilful default on the part of our agents, contractors, correspondents and/or their respective officers and employees) arising from, in connection with and/or in relation to:
  • the timeliness, deletion, or mis-delivery of, or failure to store, receive or respond to, any communications to or from users, for any reason;
  • the activities or conduct of users or use or misuse of this Website by users;
  • any access, use or the inability to access or use this Website and/or the Services therein, or reliance on the Content and/or any information in this Website;
  • any failure of performance, system, server or connection failure, error, omission, interruption, breach of security, computer virus, malicious code, loss or corruption of data or systems, delay in operation or transmission, transmission error or unavailability of access in connection with the Website, the Content and/or the Services, whether based in contract, tort or other legal theory, and whether or not SPG Invest is advised of the possibility of such damages;
  • any use of or access to any other website linked to this Website;
  • the collection, use, disclosure and/or processing of your personal data in accordance with these Terms and Conditions and/or our Privacy Policy;
  • any products, information, data, software, or other material obtained from this Website or from any other website linked to this Website; and/or
  • any use of the Services provided under this Website, even if we or our agents or employees were previously advised of the possibility of such damages, losses and/or expenses.
  • The Website, the Content and the Services may be upgraded, amended, revised, changed, modified, deleted, edited, suspended, discontinued and/or removed, withdrawn by SPG Invest at its sole discretion at any time without prior notice or explanation; and save to the extent expressly provided otherwise in these Terms and Conditions, we shall not be liable if any such upgrade, amendment, revision, change, modification, deletion, edition, suspension, discontinuance, removal prevents you from accessing this Website, the Content, the Services or any part or feature thereof.
  • SPG Invest does not warrant the security or protection of the Content from illegal or unlawful corruption by unauthorised parties or hackers. If your use of the Website or the Content results in the need for servicing or replacing equipment or data, SPG Invest shall not be responsible or liable for the costs incurred. You assume all responsibility and risk for your use of the Website and the Internet generally.
  • You agree and acknowledge that the disclaimer and limitation of liabilities set out in these Terms and Conditions are reasonable.
  • You should not submit any personal information or data without first reading our Privacy Policy, which explains our data use and privacy practices.
7. Third-Party Sites
  • For your convenience, SPG Invest may include hyperlinks to websites on the Internet that are owned or operated by third parties. Such linked websites are not under the control of SPG Invest and SPG Invest does not accept any responsibility or liability for the contents of or the consequences of your accessing any linked website or any link contained in the linked website. Nothing on the Website shall be considered or construed as an endorsement, verification, recommendation, representation or warranty of or by SPG Invest with respect to any third party or any third party’s website (or its content), products, services or otherwise.

The foregoing applies inter alia to any paid advertising content, as well as links to third party websites that may be provided on or through the Website. You acknowledge and agree that your access to and/or use of such links to access third party websites, and of such linked websites, is solely at your own risk and subject to the terms and conditions of access and/or use contained therein.

  • SPG Invest makes no representations, warranties or guarantees regarding the availability or content (including its truthfulness, accuracy, completeness, timeliness or reliability) of such third party websites available or advertised on or linked to the Website, nor with regards to broken links, and have not investigated, verified, monitored the same, nor do we endorse any of the same. You bear the responsibility of satisfying yourself of the fitness, suitability, quality, legality, appropriateness, or any other aspect of third-party sites and their products/services before clicking on any link.
  • We shall not be liable to you for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with such third parties and/or their products and/or services, their use or implementation or otherwise, including without limitation any product liability claims, claims for loss of profits, loss of use of the products or services, loss of data or any other economic losses or any consequential, incidental or exemplary losses, expenses and/or damages which you may incur or suffer.
  • Any arrangement, dealing or transaction made between you and a third party named on (including advertisers on the Website) or linked to from these pages is solely between you and such third parties / advertisers and entirely at your own risk and responsibility. We shall not be responsible for any loss, damage, costs or expenses (whether direct or indirect) that you may suffer or incur as a result of any such arrangements, dealings, transactions or otherwise arising from the availability of such third parties and/or advertisers on the Website.
8. Indemnity

You hereby agree to indemnify and hold harmless SPG Invest, and any its directors, officers, employees and/or agents, from and against any and all claims, proceedings, liability, loss, damage, costs and expenses whatsoever (including without limitation legal costs on a full indemnity basis) arising from or in connection with (a) your access of the Website and/or use of the Services; (b) any other party’s access of the Website and/or use of the Services using your user identification, password, personal identification number or other authentication information (collectively, “User ID Information”), if any, used by you on the Website; (c) your breach of any of these Terms and Conditions; (d) any other party’s breach of these Terms and Conditions where such party was able to access the Website and/or use the Services by using your User ID Information; and/or (e) your breach of any statutory requirement, duty or law or any rights of any person or entity.

9. Governing Law and Jurisdiction

By accessing the Website and/or using the Services, you hereby agree that these Terms and Conditions and all matters relating to your access and use of the Website and/or the Services shall be governed by, and construed in accordance with Vietnam law. You hereby submit to the exclusive jurisdiction of the courts of Vietnam.

10. Severability

If at any time any provision of these Terms and Conditions is or becomes invalid, illegal or held to be void or unenforceable in any respect, the validity, legality or enforceability of the remaining provisions of these Terms and Conditions shall not in any way be affected or impaired thereby. The invalid, illegal, void or unenforceable provision shall be eliminated or limited to the minimum extent necessary and amended or replaced by valid, legal and enforceable provisions which achieve, to the greatest extent possible, the intent of these Terms and Conditions.