Terms and Conditions
1. General Terms and
Conditions
1.1. Vietnamexport.net
under the IT is the designer, manager and service provider of the electronic
portal Vietnam Handicraft Gateway at address
http://www.vietnamexport.net
(hereinafter called the Vietnam E-Trade, or the website). User(s) is any
individual or organization that legally operates in Vietnam or in some other
country (ies), uses and has the right to use the services supplied by the
Vietnam E-Trade or its affiliates. The term “service” is meant to include all
the services provided relating to activities of the Vietnam E-Trade.
1.2. Users register to use the
services provided by the E-Trade render themselves to all the terms and
conditions set out in the Terms and Conditions of the E-Trade.
1.3. The Terms and Conditions
officially take effect from ...... If deemed appropriate, necessary or relevant,
the E-Trade reserves the right to modify, change, or terminate the service. The
announcement of any changes, modifications or termination of the service will be
put up on the website and immediately becomes official and effective, replacing
any contradicting previous terms and conditions. The continuation of using the
services by the user(s) implies the agreement to comply with the new terms and
conditions.
2. Service Policy
2.1 The E-Trade will provide
users with the service after users complete the registration procedures and
conditions required to access and use the service.
2.2 The E-Trade will provide
users with username and password for accessing the services that are registered.
Users are allowed to change their initial username and password for the security
of their own database. Users are solely responsible for securing and using their
username and password and for any consequences arising otherwise. Users are
solely responsible for any attempt to access the services under their username
and password regardless of the reasons. Users has the responsibility to report
any suspected misuse, loss or unauthorised use of their username and password to
the E-Trade’s officers in the earliest possible time. The E-Trade commits to
cooperate with users to solve such issues in the most effective and timely
manner.
2.3 The VnEmaket will provide
users with an email account namely companyname@E-Trade.com with limited storage
capacity and functions. Users are solely responsible for the management and use
of their email account.
2.4 The E-Trade allows users to
use and access to information provided by the third parties via hyperlinks or
co-branded links. The E-Trade will not take any responsibility whether direct or
indirect for any possible consequences, legal obligations, damages, and disputes
resulting from using products and services offered by the third parties.
2.5 Users are not allowed to
change, copy, disseminate services or create tools similar to the service
provided by the E-Trade to any third parties without consent granted by the
E-Trade.
2.6 Users are allowed to use
the service provided by the E-Trade for trading purposes and not for other
purposes such as speculation, market manipulation, creation of false orders or
other activities of such nature.
2.7 Users are solely
responsible for any legal consequences that may arise when using the E-Trade
service in such manners that are inappropriate or illegal including, without
limitation, frauds, threats, false representation, trespassing other’s property
rights, causing damages to the system, use of viruses, worms and Trojan Horses,
as well as unauthorized access, usage and/or retrieval of information.
2.8 Users are prohibited to use
Order or Request Form to:
a. be fraudulent, make fraudulent offers, or involve the sale or purchase or
attempted sale or purchase of counterfeit or stolen items, or otherwise to
promote other illegal activities;
b. infringe or otherwise abet or encourage the infringement or violation of any
third parties’ copyright, patent, trademark, trade secret or other intellectual
property right(s);
c. violate any applicable law, statute, ordinance or regulation (including
without limitation, those governing export control, consumer protection, unfair
competition, anti-discrimination or misleading advertising);
d. be obscene, contain, infer any pornography or sex-related merchandising or
any other sexual content, promote sexually explicit material or such material
harmful to minors.
2.9 Users shall not act in ways
that may undermine the integrity of the E-Trade’s system, such as leaving
unsubstantiated negative feedback for other users by using secondary user IDs or
through other parties. Users shall not act to defame or make any negative
announcements or comments against the E-Trade and E-Trade’s affiliates.
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3. Transactions between
Buyers and Suppliers
3.1 The E-Trade is not involved
in the actual transaction among users. As a result, the E-Trade cannot control
the quality, safety or legality of the products or services offered for sale and
all related matters in such transaction. The E-Trade cannot control or promise
to guarantee any parts of commercial activities between buyers and sellers,
including without limitation, delivery, payment, quality of product, or
services. Users should be aware of the risks involved in trading with other
users through the E-Trade who are foreigners, children, those incapable of
conducting transactions or those using false representation.
3.2 Users are solely
responsible for all terms and conditions of the transactions among themselves
and with other buyers or other sellers, including, without limitation, terms
regarding payment, shipping, warranty, goods returns, insurance, property
rights, fees, taxes, licenses, permits, fines, forwarding, transportation and
storage.
3.3 The E-Trade acts only as
the facilitator to the transactions among users, therefore the E-Trade shall not
take any liability whatsoever for the failure of any items bought or sold in
meeting any requirement related to product specification, for the breach or
alleged breach of any warranty provided by the supplier, for the failure of the
supplier to deliver the items to the buyer or the failure of the buyer to take
delivery or settle payments. Any possible legal disputes between buyers and
sellers will not involve the E-Trade in the investigation and settlement process
of damages or liabilities that may arise.
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4. User’s Liability
4.1 The user commits that all
the information provided to the E-Trade and that uploaded on the E-Trade website
are correct, exact, updated and complete. The user is responsible for
maintaining, updating, correcting, and completing all the information that are
uploaded on the E-Trade’s website.
4.2 If a user provides any
information that is untrue, inaccurate or is not current or complete, or if the
E-Trade has reasonable grounds to suspect that such information is untrue,
inaccurate or is not current or complete, the E-Trade has the right to remove
such information, to suspend or terminate the user’s membership or title to use
of services provided by the E-Trade.
4.3 Users are solely
responsible for the content of information provided by themselves and may be
held legally or be accountable for that content including, without limitation,
comments, video, pictures, graphics, text or sound. However, the E-Trade
reserves the right to remove any material or information in its sole discretion
that is potentially unlawful, may subject the E-Trade to liability, violate the
terms and conditions of the E-Trade or is otherwise found inappropriate. The
E-Trade reserves the right to fully cooperate with legal authorities and/or
injured third parties in the investigation of any suspected criminal or civil
wrong doing.
4.4 The user agrees to
indemnify the E-Trade, its employees, agents and representatives and to hold
them harmless, from any and all losses, claims and liabilities (including legal
costs on a full indemnity basis) that may arise from the user’s posting of
information or deletion thereof, from user’s use of the service or from user’s
breach of these terms and conditions. The user further agrees that the E-Trade
is not responsible, and shall have no liability for any material or information
posted by himself or any third party, including without limitation, fraudulent,
untrue, misleading, inaccurate, defamatory, offensive or illicit material and
that the risk of damage from posting such material rests entirely with the user.
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5. Fees and Charges
5.1 The rates of fees
chargeable under the service shall be published on the E-Trade’s website. All
fees (if any) shall be payable in advance to the E-Trade by wire transfer,
charging the user’s credit card (in future) or some other method acceptable to
the E-Trade, in US Dollars or its equivalent in some other currency as permitted
by the E-Trade.. Unless otherwise agreed between the E-Trade and the user, all
payments made are non-refundable.
5.2 All rates are exclusive of
any taxes, duties or other governmental, banking or transactional and handling
charges.
5.3 The E-Trade reserves the
right to modify its pricing structure and payment conditions from time to time
in its sole discretion provided that not less thirty (30) days notice be given
to the user.
6. Termination of
Membership
6.1 The E-Trade may terminate
the membership or right to use some parts or all of the services by the user at
any time on the giving of at least one (1) month notice to the user if there are
changes in operating environment and specific conditions and situation that may
affect the business activities of the E-Trade or if there is any breach of a
substantive nature of these terms and conditions by the user.
6.2 The E-Trade may also
terminate the provision of the service to user(s) if the user’s membership has
not been activated or if the account provided remains inactive for three (3)
consecutive months. In such cases, if the user wishes to reactivate his account,
he will be required to proceed with the E-Trade’s registration process to
re-register as a user of the service.
6.3 The E-Trade may suspend or terminate the user’s membership if the user is
found (whether by conviction, settlement, insurance or escrow investigation or
otherwise) to have engaged in a fraudulent activity in connection with the use
of the E-Trade’s website or the service.
6.4 Upon termination, all licenses, rights and privileges granted to the user
shall cease.
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7. Intellectual
Property Rights
7.1 The E-Trade is the sole
owner of all the rights to the service. The service embodies trade secrets and
intellectual property right protected under international copyright and other
intellectual property laws. All title, ownership and intellectual property
rights in the Service shall remain with the E-Trade. “E-Trade”, “E-Trade.com”,
‘E-Trade.com”, “E-Trade.com”, “E-Trade.com” and related icons and logos in
various languages and translations, are trademarks of the E-Trade. The
unauthorized copying, modification, use or publication of these trademarks are
strictly prohibited.
7.2 All users must respect and comply with the intellectual property rights law
worldwide and are solely responsible for their own acts.
8. Governing Law
8.1. These terms and conditions
constitutes the entire agreement between the user and the E-Trade and governs
the use of service, superseding any prior written or oral agreements in relation
to the same subject matter herein. These terms and conditions shall be governed
in all respects by the non-exclusive jurisdiction of the Vietnamese courts.
8.2. Any disputes arising between the E-Trade and user must be settled or
mediated by/at the International Arbitration Center in Hanoi. The final decision
will rest with the International Arbitration Center and parties agree to comply
with such decision.
8.3. The official contacts of the E-Trade: