The Site is intended for users 18 years of age and older. By accessing and/or using the Site, you represent that you are: (1) 18 years of age or older; (2) of legal age to use the Site; and (3) of legal age to enter into a binding contract as it relates to these terms and conditions.
Avana Retreat reserves the right to change these terms and conditions at any time without notice to you, except where such notice may be required by applicable, depending upon the nature of the changes made. By using the Site subsequent to any change of these terms and conditions, you agree to be bound by such change.
Other than the exceptions specifically referenced in these terms and conditions, all content on the Site is the property of Avana Retreat or the referenced third party, or is licensed and/or used by permission by Avana Retreat including, but not limited to, all marks, logos, trade names, text, data, documents, messages, pictures, images, video, audio, graphics, links, or other electronic files (collectively, “Site Content”). No license to or right in any such Site Content is granted to or conferred upon you.
You are responsible for maintaining the confidentiality of any Site account access information needed to reserve or book spa services and/or lodging, and agree to notify Avana Retreat if this access information is lost, stolen, or otherwise compromised. You are responsible for all activities that occur under any such Site account.
You agree that you will make only legitimate reservations or bookings in good faith for use by you and your invited guests only, and not for other purposes, including without limitation, reselling, impermissibly assigning or posting on third-party websites, or making speculative, false or fraudulent reservations or bookings.
The following conduct is strictly prohibited in connection with accessing or using the Site:
You agree to indemnify, defend and hold harmless Avana Retreat, including its officers, owners, directors, employees, affiliates, agents, licensors, representatives, solicitors, attorneys, and business partners (“Indemnified Parties”), from and against any and all claims, demands, losses, costs, damages, liabilities, judgments, awards, and expenses (including attorneys' and solicitors’ fees, costs of defense, and direct, indirect, punitive, special, individual, consequential, or exemplary damages) Avana Retreat or any of the Indemnified Parties suffer in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that relates to your use of the Site, your breach of these terms and conditions, or use of the Site by any person using your Site account.
Your use of the site is at your own risk. Avana Retreat makes no express or implied warranties, representations or endorsements whatsoever with respect to the site or any goods or services offered through the site. Avana Retreat expressly disclaims all warranties of any kind (express, implied, statutory, or otherwise), including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Avana Retreat does not warrant that the functions or content on the site will be error-free, free of viruses or other harmful elements, or secure. Avana Retreat is not liable for any damage to your computer or systems as a result of other third-party behavior. The site, including any goods or services provided through the site, are provided on an “as is” and “as available" basis.
In no event will Avana Retreat , or any of its officers, directors, employees, or related parties, be liable for any damages whatsoever, including, but not limited to, any direct, indirect, incidental, consequential, special, exemplary, punitive, actual, or other indirect damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages even if Avana Retreat has been advised of the possibility of such claims or damages, arising out of any matters or claims you may raise relating to the site. In no event will the collective liability of Avana Retreat or its officers, directors, employees, or related parties, exceed the greater of VND 2,000,000 (VND) or the amount you paid to Avana Retreat for the applicable good or service out of which the liability arose. If any of the limitations contained herein are contrary to applicable law (such as, consequential or incidental damages), Avana Retreat liability will be limited to the fullest extent allowed under applicable law.
Any disputes relating to these terms and conditions or the Site are governed by, and will be interpreted in accordance with, the laws of the Socialist Republic of Vietnam, without regard to any conflict of laws provisions. You irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the Socialist Republic of Vietnam for any litigation or disputes arising out of or relating to the use of the Site, waive any objection to the venue of any such litigation or disputes in Singapore courts, and agree not to plead or claim in any Vietnam court that such litigation brought therein has been brought in an inconvenient forum.
Avana Retreat reserves the right, without notice and reason, to disable the Site, your Site account, or your access to the Site. This includes the right to not give any effect to any reservation or booking you make through the Site. You agree that Avana Retreat is not liable to you or any other third party for these actions.
If any part of these terms and conditions is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these terms and conditions, all of which will remain in full force and effect. The invalidity of any term is limited to the jurisdiction where such term was deemed to be invalid.
Avana Retreat’ failure to enforce any portion of these terms and conditions is not a waiver of such portion.
In addition to any sections with specific language regarding survival, the proprietary rights, disclaimer of warranties, representations made by you, indemnities, and limitations of liability shall survive the termination of these terms and conditions.
As a result of these terms and conditions, no joint venture, agency, or other type of relationship is created between you and Avana Retreat other than as parties to a contract as specified herein.
Avana Retreat does not assume any liability or responsibility for your use of the Internet or the Site including, but not limited to, any damage your computer or related systems may sustain as a result of accessing the Site.
Avana Retreat will in no way be liable for any failure to perform any obligations contained in these terms and conditions if such failure is due to circumstances beyond the reasonable control of Avana Retreat, such as acts of God.
If you need to contact Avana Retreat for any reason not already specified in these terms and conditions, please use the following contact information.
Please let us know if you are missing any service or if you have any request for extra services: