Terms of use
- Introduction
- Please read these Terms of Use carefully. By using the Application (as defined), you agree that you have read and understood the terms in these Terms of Use which are applicable to you. These Terms of Use and the Connexion Vietnam Policies (as defined) constitute a legally binding agreement (“Agreement”) between you and Connexion Vietnam. The Agreement applies to your use of the Application (as defined) provided by Connexion Vietnam. If you do not agree to the Terms of Use, please do not use, or continue using the Application or the Service.
- Connexion Vietnam may amend the terms in the Agreement at any time. Such amendments shall be notified to you through the Application at least five (05) business days before the effective date. The updated version will be posted on the website Help Center. It is your responsibility to review the Terms of Use regularly. Your continued use of the Service after any such amendments, whether or not reviewed by you, shall constitute your agreement to be bound by such amendments.
- CONNEXION VIETNAM IS A PAYMENT INTERMEDIARY SERVICES COMPANY WHICH PROVIDES A PLATFORM FOR USERS TO PAY FOR GOODS AND SERVICES PROVIDED BY THIRD PARTY PROVIDERS. CONNEXION VIETNAM’S ROLE IS MERELY TO LINK THE USER WITH SUCH THIRD PARTY PROVIDER. CONNEXION VIETNAM IS NOT RESPONSIBLE FOR THE ACTS AND/OR OMISSIONS OF ANY THIRD PARTY PROVIDER, AND ANY LIABILITY IN RELATION TO SUCH SERVICES SHALL BE BORNE BY THE THIRD PARTY PROVIDER. THIRD PARTY PROVIDERS SHALL NOT REPRESENT TO BE AN AGENT, EMPLOYEE OR STAFF OF CONNEXION VIETNAM AND THE SOLUTIONS PROVIDED BY THIRD PARTY PROVIDERS SHALL NOT BE DEEMED TO BE PROVIDED BY CONNEXION VIETNAM.
- Definitions
In these Terms of Use, the following words shall have the meanings ascribed below:
- “Application” means the relevant mobile application made available for download by Connexion Vietnam to Users and Third Party Providers respectively;
- “Connexion Vietnam Policies” means the following:
- the Privacy Policy;
- the Connexion Vietnam Customer Code of Conduct, as may be applicable; and
- all other forms, policies, notices, guidelines, frequently asked questions (FAQs), or agreements provided to or entered into by you from time to time;
- “Personal Data” is any information which can be used to identify you or from which you are identifiable. This includes but is not limited to your name, nationality, mobile number, bank and credit card details, personal interests, email address, your image, government-issued identification numbers, driving license, address, biometric data, race, date of birth, marital status, religion, health information, vehicle and insurance information;
- “Platform” means the relevant Connexion Vietnam technology platform, portal or website that, when used in conjunction with the Application, enables Users to request or access Solutions;
- Privacy Policy”means our privacy policy accessible at:https://www.dibee.co as amended from time to time;
- “Service” means the linking of Users to Third Party Providers through the Application, Platform and/or Software;
- “Software” means any software associated with the Application which is supplied made available for download and installation by Connexion Vietnam;
- “Solutions” means the following supporting services which are made available to Users through the Service (each a “Solution”):
- “Third Party Provider” means the independent third parties who provide the Goods or Services to Users through the Platform, including third party merchants;
- “User” means any person who uses the Application, Platform and/or Software to search for and obtain the Solutions;
- By using the Service, you represent, warrant / undertake that:
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- You have legal capacity to enter into the Agreement and that you are at least eighteen (18) years old. You cannot enter into the Agreement if you are below eighteen (18) years old;
- All the information which you provide shall be true and accurate;
- You will only use the Application, Platform and Service for their intended and lawful purposes;
- You will keep your account password or any identification we provide you which allows access to the Service secure and confidential;
- You agree to notify us immediately of any unauthorized use of your account or any other breach of security;
- You will not try to interrupt or harm the Service, Application and/or the Software in any way;
- You will not attempt to commercially exploit any part of the Application without our permission, including without limitation modify any of the Application’s content in any way, or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose without our permission;
- You will not authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity;
- You will provide us identification information such as full name, address, phone number, email, etc. or any other documents, permits, licenses or approvals which we may reasonably request or require, in accordance with prevailing regulations or upon specific request of competent authorities, to provide the Service;
- You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;
- You will not use the Application and/or the Software to cause nuisance or behave in an inappropriate or disrespectful manner towards Connexion Vietnam or any third party;
- When using the Service, you agree to comply with all laws applicable to you and/or your use of the Service;
- You will not copy, or distribute the Software or other content without written permission from Connexion Vietnam;
- You will provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of the Agreement. You agree that Connexion Vietnam may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, Connexion Vietnam has the right but not the obligation to terminate this Agreement and your use of the Service at any time with a notice sent to you through the Application or your registered phone number or email address;
- You will only use an access point or data account which you are authorized to use;
- You agree that the Service is provided on a reasonable effort basis;
- You agree that your use of the Service will be subject to Connexion Vietnam’s Privacy Policy as may be amended from time to time in accordance with the applicable law. The updated Privacy Policy will be posted on the website vn, and will be notified to you through the Application at least five (05) business days before the effective date;
- You agree to assist Connexion Vietnam with any internal or external investigations as may be required by Connexion Vietnam in complying with any prevailing laws or regulations in place; and
- You agree to assume full responsibility and liability for all loss or damage suffered by yourself, Connexion Vietnam or any other party as a result of your breach of this Agreement without the fault of Connexion Vietnam or Third Party Provider.
- You will not utilise modified devices or applications with the intent of evading detections or facilitating any activities intended to defraud Connexion Vietnam or to disrupt the natural functions of the Application.
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- If you are a User, you further represent, warrant / undertake that :
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- You will comply with the Terms of Use;
- Your use of the Service is for your own sole, personal use
- You will not use the Application, Platform and/or the Softwareto cause nuisance, annoyance, inconvenience
- Where applicable, you will not copy any content displayed through the Application or Platform, including any third party product content and reviews, for republication in any format or media;
- You acknowledge and agree that only one (1) account can be registered on one device;
- You are aware that when requesting Solutions by SMS or by using the Service, standard telecommunication charges will apply; and
- You agree that Connexion Vietnam may, based on its sole discretion, consider an account to be dormant if there has been no transaction made by you on your user account for a period of six (6) months from the last date of transaction and deactivate or restrict access to your user account.
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Different models or versions of routers, browsers and devices may have firmware or settings that are not compatible with the Application. While we continuously develop the Application in order to, as far as possible, support all commonly used devices and models in markets and all browsers where the Application is likely to be accessed from, we do not warrant compatibility of the Application with specific mobile devices or other hardware.
5. License Grant and Restrictions-
- Connexion Vietnam and its licensors, where applicable, grant you a revocable, non-exclusive, non- transferable, limited license to use and access the Application and/or the Software to use the Service, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Connexion Vietnam and its licensors.
- You shall not:
- license, sublicense, sell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way;
- modify or make derivative works based on the Application and/or the Software;
- “mirror” the Application / Software on any other server or wireless or internet-based device;
- except to the extent such restriction is prohibited under applicable law, disassemble, decompile, reverse engineer, decrypt or attempt to derive and code or extract software from, this Application or any software or services made available on or through the Application;
- use any manual or automated program or script, including but not limited to web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, (a) to unduly burden or hinder the operation and/or performance of the Application; (b) to conduct data mining or scraping activities, or (c) in any way reproduce or circumvent the navigational structure or presentation of the Application or its content;
- post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights
- remove any copyright, trademark or other proprietary rights notices contained on the Application or Platform; or
- use the Application to: (a) send spam or otherwise duplicative or unsolicited messages; (b) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (c) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (d) interfere with or disrupt the integrity or performance of the Application or the data contained therein; (e) attempt to gain unauthorized access to the Application or its related software, systems or networks; (f) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (g) engage in any conduct that could possibly damage our reputation or amount to being disreputable.
Payment by Users
- Once you have completed using the Service, you are required to make payment in full to the Third Party Provider by selecting one of the payment methods available to you on the Application. Any payment pursuant to such selection will be automatic and is non-refundable.
- You may choose to pay the Third Party Provider for the provision of the Solution Dibee e-wallet or any other payment method like e-vouchers available in the Application.
- Connexion Vietnam may suspend the processing of any transaction or disable or limit the use of the Dibee e-wallet in the event of any error in transaction which results in decline or where Connexion Vietnam reasonably believes that the payment method has been used for a transaction that may be fraudulent, illegal or involves any criminal activity or where Connexion Vietnam reasonably believes you to be in breach of this Agreement.
- You agree that you will cooperate in relation to any financial crime screening that is required and to assist Connexion Vietnam in complying with any prevailing laws or regulations in place.
- You shall be responsible to resolve any disputes with your company on your own and the Service will be temporarily restricted.
Connexion Vietnam and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Software and/or the Application and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. The Terms of Use do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, the Software and/or the Application, or any intellectual property rights owned by Connexion Vietnam and/or its licensors. Connexion Vietnam’s name, Connexion Vietnam’s logo, the Service, the Software and/or the Application and the third party transportation providers’ logos and the product names associated with the Software and/or the Application are trademarks of Connexion Vietnam or third parties, and no right or license is granted to use them. For the avoidance of doubt, the term the Software and the Application herein shall include its respective components, processes and design in its entirety.
8. Confidentiality- You shall maintain in confidence all information and data relating to Connexion Vietnam, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of Connexion Vietnam (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from Connexion Vietnam, or any of its affiliate companies, or created in the course of this Agreement. You shall further ensure that you only use such confidential information in order to use the Service, and shall not without Connexion Vietnam’s prior written consent, disclose such information to any third party nor use it for any other purpose.
- The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:
- was at the time of receipt already in your possession;
- is, or becomes in the future, public knowledge through no fault or omission on your part;
- was received from a third party having the right to disclose it; or
- is required to be disclosed by law.
- 1 Connexion Vietnam collects and processes your Personal Data in accordance with its Privacy Policy. The Privacy Policy applies all of Connexion Vietnam’s Services and its terms are made a part of this Agreement by this reference.
- 2 Where applicable, you agree and consent to Connexion Vietnam, its subsidiaries and any of its affiliate companies collecting, using, processing and disclosing Personal Data as further described in our Privacy Policy.
- 3 You acknowledge that Connexion Vietnam may disclose Personal Data of other individuals to you in the course of your use of Connexion Vietnam’s Services. You represent and warrant that you will only use such Personal Data for the purpose for which it was disclosed to you by Connexion Vietnam, and not for any other unauthorized purposes.
- 1 During use of the Service, you may enter into correspondence or transactions with third parties who display or offer their goods and/or service through the Platform or Application. Any such communication or agreement is strictly between you and the applicable third party and Connexion Vietnam and its licensors shall have no liability or obligation for any such communication or agreement. Neither Connexion Vietnam nor any of its affiliate companies endorses any applications or sites on the Internet that are linked through the Platform or Application, and in no event shall Connexion Vietnam, its licensors or its affiliate companies be responsible for any content, products, services or other materials on or available from such sites or third party providers. Certain third party providers of transportation, goods and/or services may require your agreement to additional or different terms of use and privacy policies prior to your use of or access to such goods or services, and Connexion Vietnam is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third party providers. You acknowledge that such additional or different Terms of Use and privacy policies may apply to your use of such third party services. Connexion Vietnam is not liable for any information that you provide to or authorise us to provide to a third party, or for such third party’s collection, use and disclosure of such information.
- 2 Connexion Vietnam may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue. By installing and using the Application, you agree to receive such advertising and marketing. If you do not want to receive such advertising and marketing, you can go to the setting of Application and turn off get ads mode. If you do not wish to receive such advertising and marketing, please refer to our Privacy Policy for instructions to unsubscribe or update your privacy settings. You agree and allow Connexion Vietnam to compile and release information regarding you and your use of the Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party you interact with through the Service and/or advertising or marketing material supplied by third parties through the Service.
- 3 We may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties (“Third Party Links“). Such Third Party Links are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the content, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.
By agreeing to the Terms of Use upon using the Service, you agree that you shall indemnify and hold Connexion Vietnam, its licensors and each such party’s affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the Service, the Platform, Software and/or the Application in your dealings with the Third Party Providers or Users (as the case may be), third party merchants, providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Use or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including Third Party Providers or Users arranged via the Service, or (d) your use or misuse of the Service, the Platform, Software and/or the Application; (e) where applicable your ownership, use or operation of any Vehicle, including your provision of Solutions to Users via the Service where applicable. For avoidance of doubt, such indemnification shall be determined in compliance with respective regulations and principles set out in the prevailing Civil Code.
12. Disclaimer of WarrantiesConnexion Vietnam makes no representation or warranty of any kind whatsoever, express or implied, in respect of Solutions provided by Third Party Providers or any Solutions procured through the use of the Service. You agree that you shall bear all risk arising out of your use of the Service and any Solution provided by Third Party Providers and shall have no recourse to Connexion Vietnam in respect of the same.
13. Internet Delays
THE SERVICE, PLATFORM, APPLICATION AND/OR THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED BY YOU OR THE THIRD PARTY TRANSPORTATION PROVIDER BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. CONNEXION VIETNAM IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.
14. Limitation of Liability
- 1 UNLESS OTHERWISE STATED, AND TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIMS AGAINST CONNEXION VIETNAM BY YOU SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF ALL AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN UTILISING THE SERVICE DURING THE EVENT GIVING RISE TO SUCH CLAIMS. CONNEXION VIETNAM AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY OR CAUSED TO YOU OR TO ANY PERSON FOR WHOM YOU HAVE BOOKED THE SERVICE, INCLUDING BUT NOT LIMITED TO:
- LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, THE PLATFORM, APPLICATION AND/OR THE SOFTWARE;
- THE USE OR INABILITY TO USE THE SERVICE, THE PLATFORM, APPLICATION AND/OR THE SOFTWARE;
- ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING;OR
- AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER, MERCHANT, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED TO BY THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE,
EVEN IF CONNEXION VIETNAM AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- 2 CONNEXION VIETNAM DOES NOT AND WILL NOT ASSESS NOR MONITOR THE SUITABILITY, LEGALITY, ABILITY, MOVEMENT OR LOCATION OF ANY THIRD PARTY PROVIDERS INCLUDING THIRD PARTY TRANSPORTATION PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS AND YOU EXPRESSLY WAIVE AND RELEASE CONNEXION VIETNAM FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY PROVIDERS INCLUDING THIRD PARTY TRANSPORTATION PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS.
- CONNEXION VIETNAM WILL NOT BE A PARTY TO DISPUTES, OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND THIRD PARTY PROVIDERS INCLUDING THIRD PARTY TRANSPORTATION PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS. UNLESS YOU ARE A CORPORATE CUSTOMER WITH A CURRENT CORPORATE ACCOUNT WITH CONNEXION VIETNAM, CONNEXION VIETNAM CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE THIRD PARTY PROVIDERS, INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES AND PRODUCTS OFFERED VIA THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH AND ON YOU. YOU EXPRESSLY WAIVE AND RELEASE CONNEXION VIETNAM FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION, OR IN ANY WAY RELATED TO THE THIRD PARTIES INCLUDING THIRD PARTY TRANSPORTATION PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS INTRODUCED TO YOU BY
15. Connexion Vietnam’s Obligation
- Provide the Service according to the Operational Regulation registered with the competent authority;
- Comply with legal regulations on intermediary payment services;
- Use User’s Personal Data only for the purposes specified in this Agreement. For the other purposes, Connexion Vietnam must obtain User’s approval before disclosing, sharing or transferring such data to any third parties;
- Receive and directly handle User complaints related to the provision and use of the Application and/ or Software according to this Terms of Use and applicable laws.
- Coordinate with the Third Party Service Provider to resolve User complaints regarding services provided through the Application;
- Build up a customer care system, diversify interactive channels and/ or other forms to receive and process User complaints, reflections and suggestions quickly and promptly;
- Respect and seriously implement regulations on consumer protection and protection of Personal Data;
- In the event that the server hosting the information being attacked by the hacker leads to the loss of personal data of User, Connexion Vietnam shall promptly report to the competent authorities, support the investigation and inform to all User;
- Perform Connexion Vietnam’s tax, financial and other obligations in accordance with the applicable law; and
- Other obligations as prescribed by law.
Connexion Vietnam may give notice through the Application in the records of Connexion Vietnam, or by written communication sent by registered mail or pre-paid post to your address in the record of Connexion Vietnam. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to Connexion Vietnam (such notice shall be deemed given when received by Connexion Vietnam) by letter sent by courier or registered mail to Connexion Vietnam using the contact details as provided in the Application.
17. Assignment
This Terms of Use as modified from time to time may not be assigned by you without the prior written approval of Connexion Vietnam. You hereby agree that Connexion Vietnam has the right to transfer its rights and obligations under this Agreement to a third party provided that Connexion Vietnam shall (i) give a notice on assignment to you through the Application and (ii) the third party undertakes to inherit Connexion Vietnam’s rights and obligations under this Agreement.
18. Dispute Resolution
- This Terms of Use shall be governed by Vietnamese law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Terms of Use or the Service shall be referred to the Vietnam International Arbitration Centre (“VIAC”), in accordance with the Rules of the VIAC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of you and Connexion Vietnam (the “Arbitrator”). If you and Connexion Vietnam are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of VIAC accordance with the Rules. The seat and venue of the arbitration shall be Vietnam, in the Vietnamese language and the fees of the Arbitrator shall be borne equally by you and Connexion Vietnam, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.
- Any complaints between Third Party Providers and Users must be taken up with each other directly.
- Notwithstanding anything in the contrary, any complaints between Third Party Providers and Users must be taken up with each other directly.
Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, or other form of joint enterprise with Connexion Vietnam.
20. Severability
If any provision of the Terms of Use is held to be invalid or unenforceable, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.
21. No Waiver
The failure of Connexion Vietnam to enforce any right or provision in the Terms of Use shall not constitute a waiver of such right or provision.
22. Entire Agreement
This Agreement comprises the entire agreement between you and Connexion Vietnam and supersedes any prior or contemporaneous negotiations or discussions.
23. Suspension and Termination
You agree that we may do any of the following, at any time by giving you a notice through the Application or your registered email address: (i) to modify, suspend or terminate operation of or access to the Application, or any portion of the Application (including access to your Account and/or the availability of any products or services), for any reason; (ii) to modify or change any applicable policies or terms; and (ii) to interrupt the operation of the Application or any portion of the Application (including access to your Account and/or the availability of any products or services), as necessary to perform routine or non-routine maintenance, error correction, or other changes.
24. No Third Party Rights
This agreement does not give rights to any third parties who are not party to this Agreement.