Terms of Use

Indemnification You agree to indemnify SpendX, any merchant partners, as well as their respective officers, directors, employees, successors, agents, and affiliates, for any and all claims, damages, losses and causes of action (including attorneys’ fees and court costs) arising out of or relating to your breach of this Agreement or for any materials in any form whatsoever that are provided by you (or through your username and/or password). You agree to cooperate as fully as reasonably required in our defense and/or settlement of any claim. We reserve the right, in our reasonable discretion, to assume exclusive control over the defense and settlement of any matter subject to indemnification by you.

Warranty Disclaimer The Services, content, and the SpendX Platforms are provided “as is” and without warranty of any kind, express or implied, including without limitation, warranties of title, merchantability, fitness for a particular purpose or non-infringement. We make no warranty as to the quality, accuracy, currentness, completeness, reliability or validity of the Services, content or the SpendX Platforms, including without limitation, any product search results, product descriptions, product availability, pricing information advice, opinion, statement, recommendations, or other information displayed, uploaded or distributed in connection with the Services. SpendX does not warrant that the functionality of the SpendX Platforms will be uninterrupted or error-free, that defects will be corrected, or that they will be free of viruses or other harmful content. Further, SpendX does not warrant, guarantee or make any representations regarding the quality of, or accuracy of advertisements for, any products or services offered or provided by its affiliate stores in conjunction with the services. SpendX disclaims all liabilities associated with the security of the Payment Method. You shall be responsible to resolve any disputes with your financial institution, credit/debit card issuer or other provider of your selected Payment Method.

Use of Biometric, Phone or Third-Party Logins You may choose to allow access to your SpendX account via third-party logins (e.g. Facebook or Google) or through your phone (by using a device passcode or your biometric data). You understand the need to protect your mobile device, its passcode and any biometric data login functions, as well as the need to protect your passwords used at these third-party sites (such as your Facebook account). The biometrics recognition feature is designed and owned by the respective mobile device. You acknowledge and understand that if you allow third parties’ biometrics being registered as part of the biometrics of your mobile device, they will be able to access your account. You acknowledge and understand that if possession of the mobile device you registered with SpendX has changed for any reason and the device login service has not been disabled, others will be able to access your account. You acknowledge and understand that if your password to your Facebook or Google accounts are compromised or provided to others, that others will be able to access your account. In such events of unauthorised access, SpendX shall not be held responsible for any loss. Please understand that the SpendX service does not collect or store your biometric ID or Facebook or Google passwords, and relies on the third-party service or your mobile device to verify your identity. SpendX does not guarantee that the service will be error-free and uninterrupted. If there is (through no fault of SpendX) a transmission interruption or malfunction of this service, which causes inconvenience or inability to use the service, loss of data, errors, tampering by others, or other economic loss, SpendX shall not be held liable for the same.

Limitation of Liability To the maximum extent permitted by applicable law, in no event shall SpendX be liable for any special, incidental, consequential, exemplary, punitive or other indirect damages or for any loss profits, loss data or loss of use damages, even if it has been advised of the possibility of such damages. To the maximum extent permitted by applicable law, SpendX's maximum aggregate liability arising out of this agreement will not exceed USD$100.

Governing Law and Arbitration This Agreement, including any amendments thereto that SpendX may from time to time make at its discretion, are governed by and construed in accordance with the laws of Vietnam. This includes all issues related to the scope, application, interpretation and enforceability of this Agreement and this arbitration provision. The arbitrator shall also decide whether any claim is subject to arbitration.

Assignment You may not assign your rights and obligations under this Agreement, in whole or in part, without prior written consent, and any such assignment without such consent will be null and void.

Headings Headings under this Agreement are intended only for convenience and shall not affect the interpretation of this Agreement.

Waivers / Severability Any failure to enforce any provision of this Agreement on the part of SpendX will not be deemed a waiver of that provision. Any waiver of any provision of this Agreement by SpendX on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of this Agreement is held to be invalid, such invalidity shall not affect the remaining provisions.

Entire Agreement This Agreement (together with the additional terms and conditions referred hereto or generally) represents the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements and representations, written or oral (including without limitation, earlier version of this Agreement that may have been accepted by you). We reserve the right to modify this Agreement at any time. Your continued use of any of the SpendX services or continued maintenance of an account with SpendX shall constitute and be deemed to be your acceptance of such modification and your consent to abide by any terms thereof.