CyHome Apartment Management System – Terms & Conditions

This Application (“App“) is an online information service provided by CYFEER JSC. (“CyHome“) to you directly or through an Property Management Company (“Partner”), and is subject to your compliance with these terms and conditions set forth below. The Terms & Conditions of the Partner (if any) serves as an Appendix, shall be considered as an integral part of these Terms & Conditions.

Please read below terms & conditions and the App privacy notice carefully (collectively “Terms & Conditions”) before using this application. BY ACCESSING, VIEWING OR USING THE APPS, YOU INDICATE THAT YOU UNDERSTAND AND ACCEPT SUCH TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS & CONDITIONS, YOU ARE NOT GRANTED PERMISSION BY CYHOME TO ACCESS OR OTHERWISE USE THE APP. ACCORDINGLY, PLEASE EXIT THIS APP IMMEDIATELY.

This page states the terms and conditions under which you may use the App and any other product or service offered for sale by CyHome through the App. The right to use products or services by CyHome is personal to you and is not transferable to any other person or company.

CyHome reserves the right to amend these Terms & Conditions at any time without serving any notices or obtaining your consent in advance. You should check our website and application periodically for more information.

  1. USE OF INFORMATION AND MATERIALS

    • The information and materials contained in these pages – and the terms, conditions, and descriptions that appear – are the property of CyHome and are subject to change from time to time. Your eligibility for particular products and services is subject to CyHome’s final determination and acceptance.
    • You may not reproduce, post, transmit, upload, republish or distribute in any way any material from this App without the prior written approval of CyHome. Images and graphics on this App may be protected by copyright and may not be reproduced or appropriated in any manner without the prior written approval of their relevant owners. Modification of any of the materials or use of the materials for any other purpose will be a violation of CyHome’s copyright and other intellectual property rights and the copyright and intellectual property rights of the respective owners.
  2. USE OF APP

    • You agree to use this App in accordance with these Terms & Conditions and for lawful and proper purposes. You agree to be responsible for all matters arising from your use of this App. Further, you agree:
      • Not to use this App in any manner which may breach the applicable law on cyber security and any other relevant laws or regulation; or which causes or may cause an infringement of any third party rights;
      • Not to transmit, post or disseminate any information on or via this App which may be harmful, defamatory, obscene, or illegal or create liability on the part of CyHome;
      • Not to interfere or attempt to interfere with the operation or functionality of this App; and
      • Not to obtain or attempt to obtain unauthorized access, via any means whatsoever, to any of CyHome’s systems.
    • If CyHome (in its sole discretion) believes that you are in breach, or will be in breach, of any of these Terms & Conditions, CyHome reserves its right to temporarily deny your access to this App without giving you a reason and/or without further reference to you.
  3. WARRANTY DISCLAIMERS

    • The information contained in this App, including all text, names, images, pictures, graphics, logos, icons, links and other items, are provided “as is”. CyHome does not warrant, represent or undertake in any manner whatsoever the accuracy, correctness, adequacy, completeness or suitability of such information and hereby expressly disclaims liability for errors or omissions in such information. You must always verify such information before you act upon it. You shall not rely on anything herein in connection with any investment decision. You shall also be solely responsible for the confidentiality and retention of any use of App under their usernames, passwords and emails.
    • No warranty or representation of any kind, expressed, implied or statutory, including but not limited to the warranties or representations of merchantability, fitness for a particular purpose, non-infringement and title, is given by CyHome in conjunction with any information on these pages and any such warranty or representation is hereby expressly excluded.
    • CyHome also does not warrant that this App and its pages or the server that makes them available are free from computer virus or other corrupting or destructive codes, programs, macros or elements of any kind, nor is any warranty given for the timely, secure, complete, errorfree or uninterrupted access to all contents on this App.
  4. EXCLUSION OF LIABILITY

    • The access and/or use of any information, features or facilities contained in or integrated with this App are at the sole risk of the user. Subject to applicable law, under no circumstances shall CyHome or any of its subsidiaries, affiliates, marketing partners, suppliers, officers or employees be liable for any losses, damages, costs and expenses whatsoever (whether direct, indirect, punitive, exemplary, consequential, incidental, special or economic including loss of profits) whether in an action in contract, negligence or tort arising out of or in connection with:
      • The access or use, inability to access or use, or incomplete, delayed or interrupted access or use of this App, the features or facilities integrated therewith, or any other App/application linked to this App;
      • The reliance on information contained on this App or on any other App/application linked to this App;
      • The failure of performance, error, omission or defect of any network, line or server system or the transmission to any computer hardware or software used in accessing this App of any computer virus or other corrupting or destructive codes, programs, macros or elements of any kind; or
      • The access by any unauthorized person to any information transmitted by you to CyHome or vice versa through this App.
      • This exclusion clause shall take effect to the fullest extent permitted by law.
    • Any publication of CyHome may include technical inaccuracies or typographical errors. Amendments may be made to these publications from time to time and incorporated in new editions of these publications. At any time without notice, these publications are subject to improvements and changes in service by CyHome
  5. INDEMNITY

    • You agree to indemnify and hold CyHome and its officers, agents, partners and employees, harmless from all claims, demands, actions, proceedings, liabilities (including liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of:
      • any use of this App;
      • your connection to this App;
      • your breach of any of these Terms & Conditions;
      • your violation of any rights of another person or entity; or
      • your breach of any statutory requirement, duty or law
  6. LINKS TO THIRD PARTY SITE

    • This App may contain links to other Apps/applications which are not under the control of and are not maintained by CyHome and the contents, opinions and other links provided by these Apps/applications are not investigated, verified or monitored by CyHome. Similarly, other Apps/applications may contain links to this App. CyHome will not be responsible for the contents, opinions or other links contained in any such linked Apps/applications or any changes or updates thereto. Such links are provided only as a convenience, and the inclusion of any such links is not an endorsement by CyHome of the App/application or the contents therein, and you are put on notice that any access by you of such linked Apps/applications is at your own risk.
    • Any third party that desires to establish links to this App should provide prior notification to CyHome of their intention to do so. CyHome may deny permission for any such links to this App. If, however CyHome permits any such links, CyHome is not under any obligation to establish reciprocal links with the third party. CyHome may remove such links on this App without serving any notices or obtaining your consent in advance
    • The App may be integrated with features or facilities developed by the third party(ies) for users’ convenience. While using them is optional and is not intended to create any discrimination between users, you may incur additional charges for the use of these features or facilities since they are not provided by CyHome.
  7. SUBMISSION OF INFORMATION

    • All information submitted to CyHome via this App shall be deemed and remain the property of CyHome who shall be free to use, for any purpose, any ideas, concepts, know-how or techniques contained in information a visitor to this App provides CyHome through this App. CyHome shall not be subject to any obligations of confidentiality or privacy regarding submitted information except as agreed by the CyHome or as otherwise specifically agreed or required by law.
    • All provided information must be accurate and legal. CyHome disclaims all responsibilities for the accuracy and truthfulness of the information disclosed.
  8. INTELLECTUAL PROPERTY

    • Copyright in the contents of these pages, in the information therein and in their arrangement, is owned by CyHome unless otherwise indicated.
    • CyHome, its subsidiaries, contractors and/or participating corporations are the owners of the trade and service marks appearing on this App and all rights are reserved in respect of such trade and service marks. Nothing contained on this App should be construed as our grant any license or right to use our trade and service marks.
  9. DATA PRIVACY PROTECTION

    • Type Of Information We Collect
      • We do not display Personal Information without your permission. You should be aware, however, that when you voluntarily display or distribute Personal Information (such as your e-mail address), that information can be collected and used by others. This may result in unsolicited messages from or other uses by third parties, for which CyHome is not responsible.
      • We collect the following general types of information about you when you visit our Site and applications: Personal Information, demographic information, behavioral information, and indirect information. Sometimes we collect combinations of all these types of information. In each case, it is indicated on the Site and application whether any personal or demographic data must be provided to use the requested service or not.
      • Personal Information is information that can be used to identify you, or any other individual to whom the information may relate, personally. We do not collect Personal Information unless you choose to provide it to us. Some examples of Personal Information that we collect in some areas of our Site and application, depending on the services you use and local law, are: your name; address; e-mail address; telephone number; credit card number; contact information; billing information; and information about third parties, such as references or contacts, that you provide to us if you have their express written consent to do so.
      • Demographic information is information that is not unique to you in the sense that it refers to selected population characteristics, such as your ZIP code or postal code, age, preferences, gender, race or ethnicity, occupation, interests and favorites.
      • CyHome also collects, or logs, certain other information that cannot identify you personally when you visit our Site and application. This information includes your Internet Protocol (“IP”) address and your domain name. An IP address is a number that is automatically assigned to your computer by the ISP computer through which you access the web and a domain name is the name of the ISP computer itself through which you access the web. CyHome logs these IP addresses and domain names and aggregates them for system administration and to monitor the use of our Site and application. We use the aggregated information to measure the number of visits to our Site and application, the average time spent on our Site and application, the number of pages viewed, and various other site use statistics. This monitoring helps us evaluate how our Site and application is used and continuously improve the content we provide.
      • In addition, CyHome may collect indirect information about you when you use certain third party services on our Site and application. For example, if you register on our Site and application by using your User ID and password associated with a third party provider (e.g., Microsoft), you authorize us to have access to and store the information from your account profile from the third party provider; such information will be subject to, and treated in accordance with, the policies and practices described in this Privacy Policy.
    • Offline Collection From You
      • CyHome may also collect Personal Information from you through means other than the Site and application. This may include offline collection, such as when you submit a paper application to rent an apartment, make a rent payment by check, or call or visit the management office at a CyHome property. It may also include e-mails that you send to us separate from the Site and application. This Privacy Policy does not apply to Personal Information that you provide to us through means other than the Site and application. However, if we combine the Personal Information we collect from you outside of the Site and application with Personal Information that we collect through the Site and application, we will apply this Privacy Policy to the combined information, unless specifically disclosed otherwise.
    • Information Collected From Other Sources
      • We may receive Personal Information about you from other sources. For example, if you are applying for an apartment, condo, corporate housing, or employment, either via the Site and application or offline, we may obtain information from third parties about your creditworthiness, among other information, as part of the application process. This Privacy Policy does not apply to Personal Information about you that we receive from other sources. However, we may combine the information we receive from these other sources with Personal Information we collect through the Site and application. In those cases, we will apply this Privacy Policy to the combined information, unless specifically disclosed otherwise.
    • How Information Is Used
      • CyHome may collect Personal Information from you at various places and through various mechanisms on the Site and application. This may include, for example: when you fill out and submit forms (such as forms requesting information needed to consider you for apartment rentals or potential employment opportunities); when you initiate payments to us through the Site and application; when you participate in promotions, contests, or sweepstakes on the Site and application; when you post to any interactive forum, bulletin board or chat room that we may make available on the Site and application; when you register for e-mail communications; and when you submit a survey response, question or request to the Site and application using a form or the e-mail address links on the Site and application. If you give us permission, we may also use that information to make you aware of additional products and services of CyHome or trusted third parties with whom we have alliances which may be of interest to you, or to contact you regarding site changes.
      • We use the information we gather on the web site for the purposes of providing our services, responding to any queries you may have, operating and improving the web site, fostering a positive user experience and delivering the products and services that we offer. The information we gather on any Site and application may be shared within the CyHome group of companies on a worldwide basis, including countries that might not have legislation that guarantees adequate protection with respect to your country of residence, in order to deliver these products and services.
      • By registering with CyHome, by managing your profile, or expressly opting in when presented with choices, you have consented for us to use your information, subject to local law, in the following ways: to allow you to create an account; to create a profile for you based on information that you have provided to us; to contact you about Site and application updates, informational and service-related communications, including important security updates; to provide you additional communications, information, and promotions such as newsletters; to inform you of other products or services available from CyHome or its affiliates; to enable you to provide feedback, to contact us and for us to respond to you; to conduct surveys, questionnaires, promotions and contests, and to provide the results thereof such as success stories and contest winners; to provide information about you and your potential interest in applying for an apartment, condo, corporate housing, or employment; to provide products and services that enable users to network, and post information on bulletin boards; to generate internal reports about the use of our site; and to provide ‘forward to a friend’ features.
      • Information you post in public areas of the Site and application will be accessed, used, and stored by others around the world, including countries that might not have legislation that guarantees adequate protection with respect to your country of residence. By providing your Personal Information for inclusion in our database, you acknowledge that you consent to your information being used as described here. While CyHome takes measures to safeguard your information from unauthorized access or inappropriate use by third parties, CyHome does not control these third parties and we are not responsible for their use of information you post or otherwise make available in public areas of the Site and applications. Accordingly, you should ensure that you do not post sensitive information, including personality profiles, to any Site and application.
    • Disclosure Of Information To Others
      • We disclose to third parties your Personal Information, combined personal, demographic, behavioral or indirect information, as set forth below.
        • We may share your information with third parties who help us in the delivery of our own products and services to you. Examples include third parties who assist in hosting our web servers, analyzing data, providing marketing assistance, processing credit card payments, and providing customer service. These companies and individuals may be located in countries whose data protection legislation is different from your country, and they will have access to your Personal Information as necessary to perform their functions, but they may not share that information with any other third party or use that data for any other purpose. We also share aggregated anonymous information about visitors to the Site and applications with CyHome’s clients, partners, other Site and application visitors, and other third parties so that they can understand the kinds of visitors to the Site and applications and how those visitors use the Site and applications.
        • CyHome may also provide such information to subsidiaries, affiliates and other trusted third parties with whom we have alliances in connection with providing products or services on our behalf or on behalf of the owner(s) or management of one of our properties, subject to the terms of this Privacy Policy. This includes, without limitation: the owner of any community where you make application or where you lease; the management company for such community; and third parties that send communications, process payments, analyze data, assist with utility billing or renters insurance, provide credit checks, resident screening, or collection services, provide marketing assistance, or create, host and/or provide customer service on our behalf. These third parties may have access to Personal Information in order to provide these services to us or on our behalf.
        • We may disclose such information to third parties if you consent to such disclosure. If you indicate by configuring your profile that you would like to receive information about the opportunities, products or services of third parties, we may supply your contact information to select third parties such as data aggregators, marketers or others for the purpose of sending you e-mail or otherwise communicating with you. We use data we have about you (such as the interests and preferences you have expressed) to determine whether you might be interested in the opportunities, products or services of a particular third party.
        • We disclose information if legally required to do so, if requested to do so by a governmental entity or if we believe in good faith – after considering your privacy interests and other factors – that such action is necessary to: (a) conform to legal requirements or comply with legal process; (b) protect our rights or property or our affiliated companies; (c) prevent a crime or protect national security; or (d) protect the personal safety of users or the public. Because CyHome is a Vietnam company and information collected on our Site and applications is stored in whole or in part in the Vietnam, your information will be transferred to the Vietnam and become subject to Vietnam law. By using the Site and application, you consent to this transfer.
        • We may disclose and transfer such information to a third party who acquires all or a substantial portion of CyHome’s business, whether such acquisition is by way of merger, consolidation or purchase of all or a substantial portion of our assets. In addition, in the event CyHome becomes the subject of an insolvency proceeding, whether voluntary or involuntary, CyHome or its liquidator, administrator, receiver or administrative receiver may sell, license or otherwise dispose of such information in a transaction approved by the court. You will be notified of the sale of all or a substantial portion of our business to a third party by email or through a prominent notice posted on the Site and applications. In addition, when a potential buyer is interested in purchasing one of our properties, we may provide the potential buyer with information about the property and the tenants who live there, which may include your Personal Information. Upon the sale of the property in which you live, all of your Personal Information may be transferred to the purchaser.
        • If you choose to enter a sweepstakes, contest or other promotion, your Personal Information may be disclosed to third parties in connection with the administration of such promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law, such as on a winners list. Also, by entering a promotion, you are agreeing to the official rules that govern that promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the promotion to use your name, voice and/or likeness in advertising or marketing associated with the promotion.
      • Again, in each of these situations, the recipients of your data may potentially be located in any country in the world. If you are a resident in any Vietnam part, for example, you must be aware that the Vietnam authorities do not generally consider that the regulations of non-Vietnam countries ensure an adequate or equivalent level of protection as compared to the Vietnam data protection regulations.
    • Posting Your Information To Public Areas Of CyHome
      • Please remember that if you post any of your Personal Information in public areas of CyHome, such as in online forums or chat rooms, such information may be collected and used by others over whom CyHome has no control. We cannot control the use made by third parties of information you post or otherwise make available in public areas of CyHome.
    • Changes/Modifications
      • You may have access to, review, correct, update, change or delete your account profile information at any time. Simply log into your account, go to your profile, and make the necessary changes. Before providing you with a copy of your Personal Information or correcting, updating or deleting such information, we reserve the right to verify and authenticate your identity and the Personal Information to which you have requested access. Access to or correction, updating or deletion of your Personal Information may be denied or limited by CyHome if it would violate another person’s rights and/or as otherwise permitted by applicable law. We will respond to information access requests within 30 days of receipt. If we require additional time to provide access to your information, we will acknowledge receipt of your request within 30 days and promptly supplement our response within the time period required by applicable law.
      • Please note that in accordance with our routine corporate recordkeeping practices, we may delete certain records that contain your Personal Information. We are under no obligation to store such information indefinitely and disclaim any liability arising out of, or related to, the destruction of such information.
      • If you wish to delete or close your account or account profile information altogether, please click here to contact us. An email will be sent to you to confirm that your Personal Information has been deleted (save for an archival copy which is not accessible by you or third parties on the Internet). The archival copy is retained only for as long as CyHome reasonably considers necessary for audit and record purposes. We will retain logs, demographic, indirect, and statistical information about you and keep an archival copy of this information in an anonymous form. If your Personal Information was previously accessed by others using our Site and applications, we are not able to delete the information or copies thereof from their systems.
  10. GOVERNING LAW & JURISDICTION

    • By accessing this App and obtaining the facilities, products or services offered through this App, you agree that Vietnam laws shall govern such access and the provision of such facilities, products or services.
    • Disputes arising from or in connection with use of this App shall be under jurisdiction of the court of Vietnam.
    • No hyperlinking of this App to any other App/application or the mirroring or reproduction of any information on this App on any other App/application or the use of any information therein for any public or commercial purpose is permitted without the prior written consent of CyHome, which consent may be granted or refused at its sole discretion and may be subject to terms and conditions imposed by CyHome.