)Terms & Conditions
1.
ACCEPTANCE OF TERMS
1.1. This
website located at www.VietnameseMade.com (the "Site") is
provided by VietnameseMade.com AUS (“VietnameseMade!”, a division of Transific
Pty Ltd) subject to your (the “User’s”) acceptance of the following Terms of
Service ("Agreement"). Your permission to access and use this Site is
contingent upon your acceptance of the terms and conditions set forth in this
Agreement. This Agreement is updated from time to time. You (the “User”) can
review the most current version of this Agreement at any time at this page http://www.vietnamesemade.com/home/index.php?r=site/article&id=14
2.
CONDITIONS OF USE
3.1 VietnameseMade!
encourages you to use discretion when browsing the Internet or using the Site. VietnameseMade!
makes no representations or endorsements regarding the quality, safety, truth,
accuracy, reliability or condition of (i) any third party content posted on the
Site, (ii) hyperlinks to third party Web sites outside of the Site, or (iii)
any content posted on third party Web sites. VietnameseMade! has no control
over the content of any hyperlinked third party Web sites and shall have no
obligation to review those sites' content. Your use of any other Web sites is
at your own risk, and you must evaluate and bear all risks associated with the
use of any such sites. Under no circumstances will VietnameseMade! be liable
for any loss or damage of any kind as a result of the use of any third party
content or service providers posted, emailed or otherwise made available
through the Site. You understand that by using the Site you may be exposed to
content that is inaccurate, misleading, objectionable, or otherwise
inappropriate, especially for children.
4.
SUBMITTED MATERIALS
4.1 You
commit that all of the information provided to VietnameseMade! and that
uploaded on VietnameseMade!’s website are correct, exact, updated and complete.
You are responsible for maintaining, updating, correcting, and completing all
the information that are uploaded on the VietnameseMade!’s website.
4.2 If
you provide any information that is untrue, inaccurate or is not current or
complete, or if VietnameseMade! has reasonable grounds to suspect that such
information is untrue, inaccurate or is not current or complete, VietnameseMade!
has the right to remove such information, to suspend or terminate the user’s
membership or title to use of services provided by VietnameseMade!.
4.3 You
are solely responsible for the content of information provided by yourself and
may be held legally or be accountable for that content including, without
limitation, comments, video, pictures, graphics, text or sound. VietnameseMade!
reserves the right to remove any material or information in its sole discretion
that is potentially unlawful, may subject VietnameseMade! to liability, violate
the terms and conditions of VietnameseMade! or is otherwise found
inappropriate. VietnameseMade! 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.
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.
4.5 You
may submit your company’s logos and products by using the upload tool. You
represent and warrant that (i) you are the owner of the logos and products and/or
are authorized by the owner to upload the logos and products on their behalf;
(ii) the logos and products do not infringe in any manner any trademark,
copyright, or other intellectual property right of any third party; (iii) the
logos and products do not breach any duty toward or rights of any person or
entity including, without limitation, rights of publicity or privacy, or has
not otherwise resulted in any consumer fraud, product liability, tort, breach
of contract, injury, damage or harm of any kind to any person or entity; and
(iv) the logos and products are not false or misleading.
By submitting
your logos and products for use on the Site, you grant VietnameseMade! a
world-wide right to use the logos and products on or in connection with VietnameseMade!'s
website(s), or to have others do so on VietnameseMade!'s behalf, all without
any payment of royalties or other obligations. VietnameseMade! reserves the
right to refuse, reject or remove your logos and products at its discretion at
any time.
5. FEES
AND CHARGES
5.1 The
rates of fees chargeable under the service shall be published on VietnamnameseMade!’s
website. All fees (if any) shall be payable in advance to VietnameseMade! by
wire transfer, credit cards or some other methods acceptable to VietnameseMade!,
in US Dollars or its equivalent in other currencies as permitted by VietnameseMade!.
Unless otherwise agreed between you and VietnameseMade!, 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 VietnameseMade!
reserves the right to modify its pricing structure and payment conditions from
time to time in its sole discretion.
6.
TERMINATION OF MEMBERSHIP
6.1 VietnameseMade!
may terminate the membership or right to use some parts or all of the services
by you at any time if there are changes in operating environment and specific
conditions and situation that may affect the business activities of VietnameseMade!
or if there is any breach of a substantive nature of these terms and conditions
by you.
6.2 VietnameseMade!
may also terminate the provision of the service to you if your membership has expired
and has not been active for three (3) months. In such cases, if you wish to
reactivate the account, you will be required to proceed with the VietnameseMade!’s
registration process to re-register as a user of the service.
6.3 VietnameseMade!
may suspend or terminate your membership if you are found (whether by
conviction, settlement, insurance or escrow investigation or otherwise) to have
engaged in a fraudulent activity in connection with the use of Vietnameseade!’s
website or the service.
6.4
Upon termination, all licenses, rights and privileges granted to you shall
cease.
7.
RELATIONSHIP
7.1 VietnameseMade!
does not involve in the actual buying and selling transactions among users. As
a result, VietnameseMade! cannot control the quality, safety or legality of the
products or services offered for sale and all related matters in such
transactions. VietnameseMade! cannot control or promise to guarantee any parts
of commercial activities between you and the buyers or sellers, including
without limitation, delivery, payment, quality of product, or services. You
should be aware of the risks involved in trading with other users through VietnameseMade!
7.2 You
are solely responsible for all terms and conditions of the transactions among
yourself 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.
7.3 VietnameseMade!
acts only as the facilitator to the transactions among users, therefore VietnameseMade!
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 VietnameseMade! in the investigation and
settlement process of damages or liabilities that may arise.
8.
PRIVACY
Certain
information about you may be collected during your use of the Site. Collected
information is subject to the VietnameseMade! Privacy Policy, located at http://www.vietnamesemade.com/home/index.php?r=site/article&id=15
which is incorporated herein by this reference.
9.
SYSTEM OUTAGES
VietnameseMade!
periodically schedules system downtime for maintenance and other purposes.
Unplanned system outages also may occur. VietnameseMade! shall have no
liability whatsoever for (i) the resulting unavailability of the Site, (ii) any
loss of data or transactions caused by planned or unplanned system outages,
(iii) any resultant delay, misdelivery, nondelivery of information caused by
system outages, or (iv) any third party acts or any other outages of web host
providers or the Internet infrastructure and network external to the Site.
10. NO
WARRANTY
VIETNAMESEMADE!
PROVIDES THIS WEB SITE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION,
EXPRESS, IMPLIED OR STATUTORY. VIETNAMESEMADE! SPECIFICALLY DISCLAIMS ANY
IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR
PURPOSE, ACCURACY OF INFORMATIONAL CONTENT AND NON-INFRINGEMENT. YOU ASSUME
TOTAL RESPONSIBILITY AND RISK FOR USE OF THIS SITE. VIETNAMESEMADE! MAKES NO
WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, NOR DOES VIETNAMESEMADE! MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS
TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR
THAT ANY DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM VIETNAMESEMADE! SHALL CREATE ANY WARRANTY NOT
EXPRESSLY MADE HEREIN. THIS DISCLAIMER IS MADE TO THE FULLEST EXTENT PERMITTED
BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF
IMPLIED WARRANTIES, SO PORTIONS OF THE FOREGOING DISCLAIMER MAY NOT APPLY TO
YOU.
11.
OTHER LIMITATIONS OF LIABILITY
IN NO
EVENT WHATSOEVER SHALL VIETNAMESEMADE!, ITS PARENT COMPANY, SHAREHOLDERS,
AFFILIATES, SUPPLIERS OR THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, OR
REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL,
PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING
BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME,
(HOWEVER ARISING IN TORT, CONTRACT, OR OTHERWISE) REGARDLESS OF SUCH PARTY'S
NEGLIGENCE OR WHETHER SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY
OF SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT THE USE OF THIS SITE IS AT YOUR
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OF
THE SITE. VIETNAMESEMADE! NEITHER ASSUMES, NOR DOES IT AUTHORIZE ANY OTHER
PARTY TO ASSUME ON ITS BEHALF, ANY OTHER LIABILITY IN CONNECTION WITH THE
PROVISION OF THE SITE. THE LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT
INURE TO THE BENEFIT OF VIETNAMESEMADE!, OUR PARENT COMPANY, SHAREHOLDERS,
AFFILIATES AND TO ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,
ATTORNEYS AND AGENTS. IN NO EVENT SHALL VIETNAMESEMADE!'S TOTAL CUMULATIVE
LIABILITY UNDER THIS AGREEMENT EXCEED US$50. IN ANY EVENT, LIABILITY IS LIMITED
TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO PORTIONS OF THE FOREGOING MAY NOT APPLY TO YOU.
12.
INDEMNIFICATION
You
agree to indemnify VietnameseMade!, its parent company, shareholders, subsidiaries,
affiliates, officers, directors, employees, agents, advisors 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 your posting of information or deletion thereof, from your use of the
service or from your breach of these terms and conditions. You further agrees
that VietnameseMade! is not responsible, and shall have no liability for any
material or information posted by yourself 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.
13. COPYRIGHT
AND INTELLECTUAL PROPERTY
13.1 General
All
pages within the Site are the property of VietnameseMade! (provided that such
pages may contain or link to third party intellectual property). The Site is
protected by federal and international copyright and trademark laws. No portion
of the materials on the Site pages may be reprinted, republished, modified, or
distributed in any form without the express written permission of VietnameseMade!.
You shall not reproduce, reverse engineer, decompile, disassemble, modify or
create derivative works with respect to the Site. Certain content may be
licensed from third parties and all such third party content and all
intellectual property rights related to the content belong to the respective
third parties. You shall not remove any copyright, trademark or other
intellectual property or proprietary notice or legend contained on the Site or
its content. Any rights not expressly granted by this Agreement with respect to
the Site are reserved by VietnameseMade!.
13.2 Trademark Notice. All
trademarks and/or logos used on this Site are the trademarks, service marks or
logos of their respective owners. Nothing in this Agreement shall confer any
right of ownership of any of the trademarks to you. Further, nothing on the
Site shall be construed as granting, by implication, estoppel or otherwise any
license or right to use any trademark used or displayed on the Site, without
the express written permission of VietnameseMade! or the trademark owner.
VietnameseMade.com
Aus
Tel:
(+61.2) 9608 6852
URL:
http://www.VietnameseMade.com
E-mail:
info@vietnamesemade.com
All
such requests must include:
VietnameseMade!
respects the intellectual property of others and we ask our users to do the
same. If you wish to notify VietnameseMade! of an alleged copyright
infringement, or if you are the valid copyright owner to a logo or graphic
image in use by VietnameseMade! (whether submitted by you or a third party),
you may contact VietnameseMade! as set forth below and request that VietnameseMade!
remove such materials.
This
Agreement shall be governed by and construed in accordance with the laws of the
State of New South Wales,
exclusive of its choice of law rules and matters affecting copyrights,
trademarks and patents under Australian law. Any suit relating to this
Agreement or the Site shall be brought exclusively in the state courts of New South Wales and both
parties consent to the jurisdiction thereof.
In the
event that one or more portions of this Agreement shall, for any reason, be
held to be invalid, illegal or unenforceable in any respect, such validity,
illegality or unenforceability shall not affect any other provision contained
in this Agreement. The headings used throughout this Agreement are solely for
the convenience of reference and are not to be used as an aid in the
interpretation of this Agreement. The delay or failure of either party to
require performance of any provision hereof shall in no manner affect such
party's right at a later time to enforce such provision. No delay or failure of
either party in exercising any right hereunder shall constitute a waiver of
such right or any other rights hereunder. This Agreement and any documents
expressly incorporated by reference, including but not limited to the Privacy
Policy, constitute the entire agreement between VietnameseMade! and you pertaining
to the subject matter hereof. In its sole discretion, VietnameseMade! may amend
or modify this Agreement or any other documents referenced herein at any time
by posting a revised version or versions on the Site. Any amended or modified
terms will be effective upon posting. Continued use of or visits to the Site
constitutes acceptance of any modified terms and conditions. You may not assign
your rights or delegate your responsibilities hereunder without the express
written permission of VietnameseMade!. VietnameseMade! may, at any time, assign
its rights or delegate its obligations hereunder without notice to you. No
person not a party to this Agreement is intended to be a beneficiary of this
Agreement, and no person not a party to this Agreement shall have any right to
enforce any term of this Agreement.
15.
MISCELLANEOUS
16.
NOTICES
Notices
to VietnameseMade! shall be by accessing this link http://www.vietnamesemade.com/home/?do=contact
Last
Update: March 15, 2008