Terms of Use and End User License Agreement

Last update: 30/09/2024

I. INTRODUCTION

These Terms of Use and End User License Agreement (together referred to as the “Agreement”) form a legally binding contract between you as an individual you,” “your,” or “user”) and ALCHE CLUB (“we “us,” or “our”) regarding your access to and use of our mobile applications (“apps” or “app” ) on the Apple Store. Our app’s title may differ in other countries and is subject to change without prior notice.

All documents related to our apps are included by reference in this Agreement.

Please read this Agreement carefully before you download, install, or use our apps.

It is essential that you read and understand this Agreement because by downloading, installing, or using our apps, you confirm that you have read, understood, accepted, and agreed to the terms outlined in this Agreement, which takes effect when you download, install, or use our apps. By using our apps, you agree to comply with this Agreement.

If you do not agree with this Agreement, or if you disagree with any part of it, you are not permitted to access, download, install, or use our apps. In this case, you must immediately stop downloading, installing our apps, and remove (delete) our apps from any mobile device you own or control.

II. CHANGES TO THIS AGREEMENT

We reserve the right, at our sole discretion, to alter or modify this Agreement at any time and for any reason. We will inform you of any changes by updating this Agreement, and you waive your right to receive individual notice of each change. It is your responsibility to periodically review this Agreement to stay updated on any revisions. By continuing to use our apps after the revised Agreement is posted, you agree to and are deemed to be aware of the changes in the updated Agreement.

III. RESTRICTIONS ON WHO CAN USE OUR APPS

Our Apps is not designed for children, and we do not knowingly collect or request personal information from them For the purposes of this section, “child” or “children” refers to individuals as defined by applicable data protection laws, generally considered to be anyone under the age of 16.

We expect parental guardians to prevent their children from submitting personal information through our apps without verified parental consent. If we discover that we’ve collected personal information from a child without verification of consent, we will promptly delete that information. If you believe we have any information from a child, please contact us.

IV. GENERAL TERMS

Our Apps is meant solely for your personal, non-commercial use. You may only use our apps for the purposes outlined above.

V. PRIVACY POLICY

Your privacy is very important to us. Therefore, we have created a Privacy Policy to help you understand how we process, use, collect, share, and store information, including personal data. Accessing our apps and using the Services are governed by this Privacy Policy. By accessing our apps and continuing to use the Services, you agree to the Privacy Policy and acknowledge how we process your information, including the legal grounds for processing outlined in the Privacy Policy. We reserve the right to update the Privacy Policy from time to time. If you disagree with any part of it, you must stop using our apps and Services immediately. Please read our Privacy Policy carefully [CLICK HERE].

Please note: We always publish Privacy Policy in our apps and in the App Store to inform all users.

VI. END USER LICENSE AGREEMENT

By using our apps, you agree to respect our intellectual property rights, including the our app’s source code, UI/UX design, content, copyrights, and trademarks (collectively referred to as “Intellectual Property Rights”) as well as those of third parties.

While using our apps, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable, and revocable right to access and use our apps for your personal, non-commercial purposes. You must respect the copyrighted material within our apps and may not sell any images or other content.

The source code, design, content, and all materials (collectively referred to as “works”), as well as names, logos, and trademarks (referred to as “means of individualization”) in our apps are protected by copyright and other laws and belong to us, our partners, or contracted third parties.

These works and means of individualization may not be copied, reproduced, distributed, or otherwise used without our express permission.

All rights, titles, and interests in our apps and its content are the exclusive property of ALCHE CLUB and/or our partners and/or contracted third parties, and these rights are not transferred to you under this License.

We will take legal action against any unauthorized use of our trademarks, names, or symbols to protect our rights. All rights not explicitly granted are reserved. Other product and company names mentioned may also be trademarks of their respective owners.

VII. PROHIBITED BEHAVIOUR

You agree not to use our apps in any manner that:

Is unlawful or unauthorized;
Defames any person;
Is obscene or offensive;
Infringes on any copyright, database right, or trademark;

Advocates or assists any unlawful acts, such as copyright infringement or computer misuse.

You must not share our apps with third parties, nor modify, translate, reverse engineer, decompile, or create derivative works from them. You may not transfer, lend, rent, lease, or distribute our apps or provide services to any third party.

Misusing trademarks or any content displayed on our apps is prohibited. You may not copy, duplicate, distribute, or publish content from our apps in violation of our Intellectual Property Rights.

You shall not use our apps or any part of them for malicious purposes. We are not responsible for how you use our apps.

We reserve the right to take legal action against any user who violates this Agreement in accordance with applicable laws.

VIII. AVAILABILITY OF OUR APPS, SECURITY AND ACCURACY

To use our apps, you must have a compatible mobile device and internet access. Our apps can be downloaded and installed on handheld mobile devices running specific versions declared on the App Store.

We do not guarantee that our apps will be compatible with all hardware and software you may use. We make no promises that your access to our apps will be uninterrupted, timely, or free.

You acknowledge that our apps are provided via the Internet and mobile networks, and as such, their quality and availability may be influenced by factors beyond our control.

Our apps may be periodically updated to support new functions and services. We may change or update our apps and its content without prior notice. If necessary, we may suspend access to our apps or shut them down indefinitely.

You also agree that any information you submit to us is true, accurate, and complete, and you will keep it updated at all times.

You can stop using our Services at any time by selecting the appropriate option in your App Store settings. If you choose not to use our apps for any reason, please uninstall them.

IX. CHARGES

Our apps is provided for free and typically includes advertisements. Once downloaded, you will have access to its basic features.

Some services and additional features within our apps (“Premium options”) require a paid subscription. You may have the opportunity to try these Premium options during a free trial period, as indicated on the signup screen. After the trial period, an auto-renewing subscription will begin, and you will be charged automatically unless you cancel at least 24 hours before the trial ends. If you cancel, you will still have access to the our app’s basic functions, and Premium options will remain available during the trial.

Payment will be charged to the payment method you provided at the time of purchase, either upon confirmation or after the trial ends. You authorize us to charge the applicable subscription fees to your chosen payment method.

You can select different subscription options, and all necessary information about your plan and the duration of the free trial will be available on the signup screen before purchase. For additional information about subscriptions, please contact us.

A subscription with a free trial will automatically convert to a paid subscription, and any unused portion of the trial will be forfeited upon purchase. We reserve the right to modify or terminate our subscription plans at any time.

Your subscription will renew automatically within 24 hours before the current period ends. You can disable auto-renewal in your Subcriptions Settings at least 24 hours prior to the end of the current period. Payment will be charged to the App Store upon confirmation of purchase, and subscriptions through the App Store are managed by you.

Please note that removing our apps from your device does not cancel your subscription.

You may incur charges from your communications service provider for downloading or accessing our apps, including data roaming charges outside your home territory. These charges are your responsibility. If you do not pay your mobile bills, we assume you have permission from the account holder before incurring any charges.

X. THIRD PARTY WEBSITES AND RESOURCES

Our apps may provide links to other websites and third-party services. We have no control over and accept no responsibility for the content of any external site or mobile application linked from our apps, except when we are the provider of those sites or applications. These links are offered for your convenience and are provided “as is,” with no warranties, express or implied, regarding the information within them.

You acknowledge that you are solely responsible for and assume all risks associated with your use of any third-party websites or resources.

For any questions, concerns, or complaints regarding these third-party websites or mobile applications (including issues related to products, orders, faulty items, or refunds), you must contact the operator of the respective site or application directly.

XI. LIMITATION OF LIABILITY

IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES OF ANY KIND, WHETHER DIRECT OR INDIRECT, ARISING FROM OR RELATED TO OUR APPS AND ITS SERVICES. WE SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS OR REVENUES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WE SHALL NOT BE LIABLE FOR DAMAGES RELATED TO PRODUCTS, SERVICES, OR INFORMATION OFFERED OR PROVIDED BY THIRD PARTIES AND ACCESSIBLE THROUGH OUR APPS OR BY OTHER MEANS.

YOU EXPRESSLY ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR COSTS OR DAMAGES RESULTING FROM PRIVATE OR GOVERNMENTAL LEGAL ACTIONS CONNECTED TO YOUR USE OF OUR APPS AND ITS SERVICES IN ANY COUNTRY.

XII. THIRD PARTY BENEFICIARY

You acknowledge and agree that Apple, and Apple’s subsidiaries are the third party beneficiaries of the present Agreement, and that upon your acceptance of the terms and conditions of the present Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as a third party beneficiary thereof.

XIII. GOVERNING LAW AND CLAIMS

Governing Law and Forum: This Agreement shall be governed by and interpreted in accordance with the laws of Vietnam. All disputes, claims, suits, or proceedings between the parties, whether arising from contract, tort, equity, or otherwise—including those related to the Agreement’s performance or alleged breaches—shall be (i) governed by the substantive and procedural laws of Vietnam, excluding its choice of law provisions; and (ii) exclusively resolved by the courts of competent jurisdiction in Vietnam, to the exclusion of any other courts or forums.

International Use: We make no representations regarding the appropriateness or availability of our apps for use outside Vietnam. Users accessing our apps from other jurisdictions do so voluntarily and are responsible for complying with local laws.

If you access or use our apps from locations outside Vietnam, you are responsible for: a) Ensuring your actions are legal in that country; and b) Complying with all relevant laws, regulations, bylaws, licenses, registrations, permits, and authorizations.

Class Action Waiver: BY RESOLVING ANY DISPUTE WITH US OR SEEKING RELIEF, YOU EXPRESSLY WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUITS OR PROCEEDINGS.

If a controversy, allegation, or claim (including non-contractual claims) arises related to our apps, Services, or this Agreement, both you and we agree to send written notices to each other that include a reasonable description of the dispute and a proposed resolution. These notices should be sent to the most recent contact information available. For sixty (60) days following the receipt of the notice, we will engage in dialogue to attempt to resolve the dispute, with no obligation for either party to agree to terms they find unacceptable.

XIV. TERMINATION

We reserve the right to terminate this Agreement at any time, at our sole discretion, for any reason.

Upon termination, (a) all rights and licenses granted to you under this Agreement will cease; and (b) you must stop using our apps immediately.

XV. SEVERABILITY

If any provision of this Agreement is found to be illegal, invalid, or unenforceable, that provision will be interpreted narrowly to make it legal, valid, and enforceable, or, if that is not possible, it will be removed. The remaining terms of this Agreement will continue to be in full effect.

You may not assign or transfer, or attempt to assign or transfer, this Agreement to any other person.

XVI. CONTACT INFORMATION

If you have any questions or suggestions regarding these Terms and Conditions, please feel free to contact us at admin@alcheclub.co