Terms of Service
TERMS OF SERVICE
A. Terms of Service Provision
Age Requirement: Users must commit to being at least 18 years of age when providing services on the Glow application.
Prohibited Conduct: Any form of abuse of the Glow application for prostitution or paid dating is strictly prohibited. Violators will have their accounts locked and shall be held fully liable under the law for their actions.
Content Standards: All sensitive or offensive content and images are strictly prohibited. Such content will be removed immediately, and the user’s account will be permanently banned.
B. Fees on Glow
For Technician Partners: For each successful order completed on the Glow system, Glow shall collect a service fee ranging from 0% to 40% from the Technician Partner.
C. Contractual Relationship
These Terms of Use (“Terms”) govern the access or use of applications, websites, content, products, and services (collectively, the “Services”) provided by Glow, a brand owned and operated by BK Viet Nam Technology Joint Stock Company.
Your access and use of the Services constitute your agreement to be bound by these Terms, which establish a contractual relationship between you and Glow. If you do not agree to these Terms, you may not access or use the Services. These Terms supersede any prior agreements or arrangements with you. Glow may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity, or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Glow may amend the Terms related to the Services from time to time. Amendments will be effective upon Glow’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
Our collection and use of personal information in connection with the Services is as provided in Glow’s Privacy Policy located at https://glowvietnam.com/privacy-policy/. Glow may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute, or conflict, which may include an accident, involving you and a Third-Party Provider and such information or data is necessary to resolve the complaint, dispute, or conflict.
D. The Services
The Services constitute a technology platform that enables users of Glow’s mobile applications or websites provided as part of the Services (each, an “Application”) to arrange and schedule services and/or spa services with independent third-party providers of such services, including independent third-party service providers and independent third-party spa providers under agreement with Glow or certain Glow affiliates (“Third-Party Providers”). Unless otherwise agreed by Glow in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use.
License
Subject to your compliance with these Terms, Glow grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information, and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Glow and Glow’s licensors.
Restrictions
You may not: (i) remove any copyright, trademark, or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services except as expressly permitted by Glow; (iii) decompile, reverse engineer, or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror, or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Third-Party Services and Content
The Services may be made available or accessed in connection with third-party services and content (including advertising) that Glow does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. Glow does not endorse such third-party services and content and in no event shall Glow be responsible or liable for any products or services of such third-party providers. Additionally, Apple Inc., Google, Inc., and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS or Android-powered mobile devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to the terms set forth in the applicable third-party beneficiary’s terms of service.
Ownership
The Services and all rights therein are and shall remain Glow’s property or the property of Glow’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Glow’s company names, logos, product and service names, trademarks, or services marks or those of Glow’s licensors.
E. Use of the Glow Services
User Accounts
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit certain personal information to Glow, such as your name, address, mobile phone number, and age, as well as at least one valid payment method (either a credit card or an accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Glow's termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Glow in writing, you may only possess one Account.
User Requirements and Conduct
The Services are not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third-Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. In your use of the Services, you will not cause nuisance, annoyance, inconvenience, or property damage, whether to the Third-Party Provider or any other party. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
Any conduct intended to solicit customers on Glow's system is strictly prohibited. Solicitation is defined as negotiating privately with Glow's Customers (including partners) to provide services available on Glow without going through the Glow system. Glow reserves the right to refuse service or lock accounts without prior notice for individuals engaging in such behavior.
Customers and partners shall be held liable under Vietnamese law for any aggressive actions or violations of the law. Glow is immune from liability regarding actions between customers and partners. In the event of litigation or disputes, customers and partners shall work directly with each other; Glow will provide necessary information upon request from competent authorities.
Both Users and Third-Party Providers have the right to terminate the service immediately if they feel their personal safety is threatened or if the other party exhibits inappropriate behavior, and must immediately report the incident to Glow via the in-app help feature.
Text Messaging
By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Glow at any time by sending an email to support@glowvietnam.com stating that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages.
Promotional Codes
Glow may, in Glow's sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third-Party Provider's services, subject to any additional terms that Glow establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Glow; (iii) may be disabled by Glow at any time for any reason without liability to Glow; (iv) may only be used pursuant to the specific terms that Glow establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Glow reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Glow determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
User Provided Content
Glow may, in Glow's sole discretion, permit you from time to time to submit, upload, publish, or otherwise make available to Glow through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Glow, you grant Glow a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Glow's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. This use does not affect your moral rights, and Glow will not use User Content for separate advertising or commercial purposes without your explicit consent.
You represent and warrant that: (i) you are the sole and exclusive owner of all User Content or you have all rights, licenses, consents, and releases necessary to grant Glow the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing, or otherwise making available of such User Content nor Glow's use of the User Content as permitted herein will infringe, misappropriate, or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Glow in its sole discretion, whether or not such material may be protected by law. Glow may, but shall not be obligated to, review, monitor, or remove User Content, at Glow's sole discretion and at any time for any reason, without notice to you.
Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Glow does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
F. Payment
You understand that use of the Services may result in charges to you for the services or goods you receive from a Third-Party Provider (“Charges”). After you have received services or goods obtained through your use of the Service, Glow will facilitate your payment of the applicable Charges on behalf of the Third-Party Provider as such Third-Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third-Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Glow. You retain the right to request lower Charges from a Third-Party Provider for services or goods received by you from such Third-Party Provider at the time you receive such services or goods. Glow will respond accordingly to any request from a Third-Party Provider to modify the Charges for a particular service or good.
All Charges are due immediately and payment will be facilitated by Glow using the preferred payment method designated in your Account. If your primary Account payment method is determined to be expired, invalid, or otherwise not able to be charged, you agree that Glow may, as the Third-Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and Glow, Glow reserves the right to establish, remove, and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Glow’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Glow will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Glow may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third-Party Provider at any time prior to such Third-Party Provider’s performance of the service.
This payment structure is intended to fully compensate the Third-Party Provider for the services or goods provided. Glow does not designate any portion of your payment as a tip or gratuity to the Third-Party Provider. Any representation by Glow (on Glow’s website, in the Application, or in Glow’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for the services or goods provided is not intended to suggest that Glow provides any additional amounts, other than those described above, to the Third-Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third-Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third-Party Provider.
G. Disclaimer
The Services are provided "as is" and "as available." Glow disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these Terms, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, Glow makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the Services or any services or goods requested through the use of the Services, or that the Services will be uninterrupted or error-free. Glow does not guarantee the quality, suitability, safety, or ability of Third-Party Providers. You agree that the entire risk arising out of your use of the Services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.
H. Limitation of Liability
Glow shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the Services, regardless of Glow’s negligence (either active, affirmative, sole, or concurrent), even if Glow has been advised of the possibility of such damages. Glow shall not be liable for any damages, liability, or losses arising out of: (i) your use of or reliance on the Services or your inability to access or use the Services; or (ii) any transaction or relationship between you and any Third-Party Provider, even if Glow has been advised of the possibility of such damages.
Glow shall not be liable for delay or failure in performance resulting from causes beyond Glow’s reasonable control. You acknowledge that Third-Party Providers providing services requested through certain brands may offer ride-sharing or peer-to-peer services and may not be professionally licensed or permitted.
I. Indemnification
You agree to indemnify and hold Glow (including its officers, directors, employees, and agents) harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Glow’s use of your User Content; or (iv) your violation of the rights of any third party, including Third-Party Providers.
