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TERMS AND CONDITIONS TO BE A MEMBER of HOIANA REWARDS MEMBERSHIP PROGRAM

1. Individuals aged fifteen (15) and above are eligible to apply for Hoiana Rewards Membership (the “Membership”). Notwithstanding the foregoing, Applicants must be at least eighteen (18) years of age to qualify for a gaming membership. Entry to the casino is subject to additional conditions issued by Hoi An South Development Ltd (“HOIANA”) and in accordance with applicable laws and regulations of Vietnam. Only members holding a Club Card or those in the Navigator, Explorer, Voyager, or Envoy tiers are eligible for casino access.

2. The application for Membership is subject to approval of HOIANA at its absolute discretion. Upon approval, the Applicant will be accepted as a member of the program (the “Member”) and be issued with a Membership Card for identification and participation purposes (the “Card”).

3. The Applicant hereby represents and warrants that all personal information, data and documents provided by him/her to this application (the “Personal Data”) are accurate, sufficient and valid. In the event of any changes or updates to Personal Data, the Member is required to notify HOIANA of any such changes or updates either in writing or in person at the Hoiana Rewards Service Counter.

4. The Member unconditionally allows HOIANA, its affiliates, and business partners to disclose, collect and use his/her Personal Data provided by the Member or arising from the Member’s participation in Hoiana Rewards Membership Program to the extent permitted by the laws, including but not limited to, collecting, using, storing, processing, and/or disclosing such Personal Data for the purpose of compliance, security, administration, sales, marketing, providing benefits and services under the Membership, and introducing new products, services, promotions and events at Hoiana and its affiliates and partners at HOIANA’s discretion. The Member hereby irrevocably agrees that he/she shall not bring, commence, institute, maintain, prosecute any legal actions, proceedings, claims, demands against HOIANA and its affiliates and partners, at any time and for any reason whatsoever relating to the above-mentioned disclosure, using, collecting, storing, processing of the Personal Data. The Member acknowledges and accepts that HOIANA and its affiliates and partners shall not be liable for any losses, damages, actions, proceedings, claims, demands, liabilities and costs and expenses that the Members or any other individual/organization in relation to the Members may at any time incur or suffer in connection with or arising from or in connection with such activities.

5. Employees of HOIANA and their immediate family members may only enroll for the Vista Card tier and will be restricted to the Hoiana Lifestyle cards (Vista and Horizon) only, under the Hoiana Rewards Membership. It shall be the responsibility of HOIANA employees to inform their immediate family members on the above.

EARNING & REDEMPTION OF REWARDS POINTS OR MEMBERSHIP PRIVILEGE

6. Rewards Points (the “Points”) and Membership Privileges (the “Privileges”) shall be accrued and earned when the Member consumes services and/or purchase goods at HOIANA based on the Membership tiers and source of earning following the conditions made by HOIANA, as may be amended and supplemented from time to time, at the sole discretion of HOIANA, without prior notice to the Member. Points for accommodation will only be earned when the stay is booked under the Best Available Rate. Bookings made under promotional, discounted, or group rates are not eligible for point earning.

7. The Member is required to personally present his/her Card when earning and redeeming Points or enjoying Privileges under the Membership. Points are accepted for services and products with exclusive promotions at HOIANA but not for corporation and/or group bookings and Points cannot be redeemed in conjunction with other forms of promotions.

8. Points earning and redemption shall not apply to any billing involving alcoholic beverages with an ABV of 15% or higher or other products or services prohibited by applicable laws.

This includes all alcohol charges incurred across dining, entertainment, minibar, and in-room service. HOIANA reserves the right to void Points awarded in error for transactions involving alcoholic beverages.

9. Points and Privileges shall be non-negotiable and non-transferable whether by means of gift, prize for any individuals.

10. Points and/or Privileges under dispute resolution cannot be redeemed and/or enjoyed.

11. HOIANA reserves the right to transfer and/or deduct Points to settle any of Members’ outstanding accounts without prior notice. Members shall not be entitled to any compensation in such transfer and/or deduction.

12. Points awarded to Members shall be valid up to twenty-four (24) months from the date earned depending on the source of earning. Unutilized Points may be forfeited upon expiration without prior notice to the Member. No re-instatement requests will be entertained.

13. The Member is responsible for any and all fees, applicable taxes, dispute resolution fees (if any) from his/her redeeming Points and/or enjoying Privileges.

PERSONAL IDENTIFICATION NUMBER (“PIN”) AND PASSWORD

14. A confidential PIN or password will be given to each Member upon issuance of the Card. It enables the Member to access information relating to Member’s secured information including but not limited to Personal Data, Points balance, entitled Privileges, and transaction history. The Member shall be solely responsible for maintaining the confidentiality of such credentials.

15. Each Member shall keep his/her PIN and/or password confidential at all times and undertakes not to disclose the PIN and/or password to any other party under any circumstances whatsoever and shall not permit any other party to use his/her PIN and/or password. HOIANA shall not be liable for any damages and losses or any Personal Data leaked as a result of any disclosure or loss of PIN and/or password, including but not limited to any act of Members’ faults, negligence, or misconduct.

16. The Member shall be liable for all transactions made via his/her account using a valid PIN and/or password, regardless of whether such transactions were made with or without his/her knowledge or consent. Each Member acknowledges and agrees that HOIANA is under no obligation to verify the authenticity of any person who performs transactions through the use of a valid PIN and/or Password.

17. HOIANA will not be held liable for any loss, damage or expense incurred by any Member at any time and during their stay within HOIANA location.

GENERAL PROVISIONS, TERMS AND CONDITIONS

18. HOIANA reserves the right to adjust and correct the Member’s account status at its sole discretion due to system error, machine malfunction etc., without limitation and prior notice.

19. HOIANA reserves the right at its discretion to suspend or terminate the Member’s account without prior notice to the Member in one of the following circumstances:

• Such Member acts or behaves in an inappropriate manner as considered by HOIANA Management;

• Such Member is in violation of the Terms and Conditions here or any laws;

• Such Member lets any other person use his/her Membership Card.

20. In the event of termination of the Member’s account for any reason, all Points, Privileges, and other benefits accrued by the Member will be permanently forfeited. No refund, compensation, or reinstatement shall be provided under any circumstances.

21. Members consent to receive communications from HOIANA, including but not limited to direct mail, email, text messaging, telemarketing calls regarding HOIANA’s promotions, events, tournaments, updates to the Membership as well as all other notifications pertaining to the Membership and other notifications relevant to the Program.

22. Each Member shall be solely responsible for the safe keeping of his/her Card. In the event the Card is lost, stolen, or used by another person, he/she shall immediately notify HOIANA directly at the Hoiana Rewards Counter, or via HOIANA’s hotline, website, email, mobile application. Replacement charges may be applied when required.

23. HOIANA does not and will not request Members to provide PIN, passwords, and other information via email or SMS. Members should be circumspect and be cautious about providing personal and identifiable information requested by any individual or organization impersonating HOIANA with suspicious or inappropriate email addresses.

24. Members shall indemnify and hold HOIANA harmless against all liabilities, costs and expenses in relation to any claims or demands made against HOIANA by any third party, arising out of or in connection with fraud, misconduct, or negligence of Members.

25. HOIANA reserves the right to amend or change these Terms and Conditions at any time without prior notice to Members. Continued participation in the Program following any such changes shall constitute acceptance of the revised Terms and Conditions.

26. These Terms and Conditions have been intentionally executed in the English language. Any translation into another language shall be for reference purpose only and shall have no interpretive effect in case of the existence of any discrepancy.

27. Any notification, enquiries, request, or other communications in relation to the Membership may be given via HOIANA hotline, website, mobile application, mail, or email to the followings:

• Address: Hoi An South Development Ltd, Tay Son Tay Hamlet, Duy Nghia Commune, Da Nang City, Vietnam;

• Email Address: [email protected]

• Hotline: +84 (0) 235 858 8888.

28. In the event of dispute arising out of the Membership, the decision(s) of HOIANA shall be final, binding and conclusive.

29. These Terms and Conditions shall be governed and construed in accordance with the laws of Vietnam.

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