- ACCEPTANCE OF TERMS
1.1. This website located at VietnameseMade.com (the “Site”) is provided by AustraVina 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
1.2. VietnameseMade.com reserves the right to modify, change, or terminate the service at any time. The announcement of any changes, modifications or termination of the service will be put up on the Site and immediately becomes official and effective, replacing any previous terms and conditions. The continuation of using the services by you implies the agreement to comply with the new terms and conditions.
- CONDITIONS OF USE
2.1 You are entirely responsible for all information or other content that you upload, post or otherwise transmit to or via the Site. You agree not to upload, post or otherwise transmit via the Site any content that:
(i) is false, inaccurate, misleading, harmful, obscene, indecent, pornographic, defamatory, racist, violent, offensive, threatening, harassing, or otherwise objectionable to VietnameseMade.com or other users of the Site;
(ii) includes unauthorized disclosure of personal information;
(iii) violates or infringes anyone’s intellectual property rights; or
(iv) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. VietnameseMade.com reserves the right to edit and/or remove content that violates this Agreement or that contains unauthorized third-party commercial advertisements.
2.2 You agree that you will not use the Site to:
(i) transmit spam, bulk, or unsolicited communications;
(ii) pretend to be VietnameseMade.com or someone else, or spoof VietnameseMade.com or someone else’s identity;
(iii) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content transmitted to or via the Site;
(iv) misrepresent your affiliation with a person or entity;
(v) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to use the Site;
(vi) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm;
(vii) make fraudulent offers, or involve the sale or purchase or attempted sale or purchase of counterfeit or stolen items; or
(viii) collect or store personal data about other users unless specifically authorized by such users. VietnameseMade.com reserves the right to report any wrongdoing, if we become aware of it, to the applicable government agencies or otherwise.
2.3 You agree not to use any method to intercept or expropriate any system data or information from the Site without the express written permission of VietnameseMade.com.
2.4 VietnameseMade.com will provide you with Username and Password for accessing the services that are registered. You are allowed to change your initial Username and Password for the security of your own database. You are solely responsible for securing and using your Username and Password and for any consequences arising otherwise. You are solely responsible for any attempt to access the services under your Username and Password regardless of the reasons. You have the responsibility to report any suspected misuse, loss or unauthorised use of your Username and Password to
VietnameseMade.com in the earliest possible time. VietnameseMade.com commits to cooperate with you to solve such issues in the most effective and timely manner.
2.5 VietnameseMade.com allows you to use and access to information provided by the third parties via hyperlinks or co-branded links. VietnameseMade.com will not take any responsibility, directly or indirectly, for any possible consequences, legal obligations, damages, and disputes resulting from using products and services offered by the third parties.
2.6 You are not allowed to change, copy, disseminate services or create tools similar to the service provided by VietnameseMade.com to any third parties without consent granted by VietnameseMade.com.
2.7 You are allowed to use the service provided by VietnameseMade.com for trading purposes and not for other purposes such as speculation, market manipulation, creation of false orders or other activities of such nature.
2.8 You shall not act in ways that may undermine the integrity of VietnameseMade.com system, such as leaving unsubstantiated negative feedback for other users by using secondary user IDs or through other parties. You shall not act to defame or make any negative announcements or comments against VietnameseMade.com and VietnameseMade.com affiliates.
- NO ENDORSEMENT OF CONTENT OR SERVICE PROVIDERS
3.1 VietnameseMade.com encourages you to use discretion when browsing the Internet or using the Site. VietnameseMade.com 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.com 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.com 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.
- SUBMITTED MATERIALS
4.1 You commit that all of the information provided to VietnameseMade.com and that uploaded on VietnameseMade.com 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.com website.
4.2 If you provide any information that is untrue, inaccurate or is not current or complete, or if VietnameseMade.com has reasonable grounds to suspect that such information is untrue, inaccurate or is not current or complete, VietnameseMade.com has the right to remove such information, to suspend or terminate the user’s membership or title to use of services provided by VietnameseMade.com.
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.com reserves the right to remove any material or information in its sole discretion that is potentially unlawful, may subject VietnameseMade.com to liability, violate the terms and conditions of VietnameseMade.com or is otherwise found inappropriate. VietnameseMade.com 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.com a world-wide right to use the logos and products on or in connection with VietnameseMade.com website(s), or to have others do so on VietnameseMade.com behalf, all without any payment of royalties or other obligations. VietnameseMade.com reserves the right to refuse, reject or remove your logos and products at its discretion at any time.
- FEES AND CHARGES
5.1 The rates of fees chargeable under the service shall be published on VietnamnameseMade.com website. All fees (if any) shall be payable in advance to VietnameseMade.com by wire transfer, credit cards or some other methods acceptable to VietnameseMade.com, in US Dollars or its equivalent in
other currencies as permitted by VietnameseMade.com. Unless otherwise agreed between you and VietnameseMade.com, 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.com reserves the right to modify its pricing structure and payment conditions from time to time in its sole discretion.
- TERMINATION OF MEMBERSHIP
6.1 VietnameseMade.com 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.com or if there is any breach of a substantive nature of these terms and conditions by you.
6.2 VietnameseMade.com 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.com registration process to re register as a user of the service.
6.3 VietnameseMade.com 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.com website or the service.
6.4 Upon termination, all licenses, rights and privileges granted to you shall cease.
- RELATIONSHIP
7.1 VietnameseMade.com does not involve in the actual buying and selling transactions among users. As a result, VietnameseMade.com cannot control the quality, safety or legality of the products or services offered for sale and all related matters in such transactions. VietnameseMade.com 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.com.
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.com acts only as the facilitator to the transactions among users, therefore VietnameseMade.com 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.com in the investigation and settlement process of damages or liabilities that may arise.
- PRIVACY
Certain information about you may be collected during your use of the Site. Collected information is subject to the VietnameseMade.com Privacy Policy, located
at http://www.vietnamesemade.com/home/index.php?r=site/article&id=15 which is incorporated herein by this reference.
- SYSTEM OUTAGES
VietnameseMade.com periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. VietnameseMade.com 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.
- NO WARRANTY VIETNAMESEMADE.COM PROVIDES THIS WEB SITE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. VIETNAMESEMADE.COM 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.COM MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, NOR DOES VIETNAMESEMADE.COM 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.COM 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.
- OTHER LIMITATIONS OF LIABILITY IN NO EVENT WHATSOEVER SHALL VIETNAMESEMADE.COM, 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.COM 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.COM, OUR PARENT COMPANY, SHAREHOLDERS, AFFILIATES AND TO ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS. IN NO EVENT SHALL VIETNAMESEMADE.COM 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.
- INDEMNIFICATION
You agree to indemnify VietnameseMade.com, 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.com 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.
- COPYRIGHT AND INTELLECTUAL PROPERTY
13.1 General All pages within the Site are the property of VietnameseMade.com (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.com. 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.com.
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.com or the trademark owner.
VietnameseMade.com respects the intellectual property of others and we ask our users to do the same. If you wish to notify VietnameseMade.com of an alleged copyright infringement, or if you are the valid copyright owner to a logo or graphic image in use by VietnameseMade.com (whether submitted by you or a third party), you may contact VietnameseMade.com as set forth below and request that VietnameseMade.com remove such materials.
All such requests must include:
(i) Contact information for you, including name address, telephone number and/or email address;
(ii) A description of the copyrighted work that you wish to have removed from VietnameseMade.com website(s) (the “Material”);
(iii) A description of where the Material is located on the Site — for logos, such description should include an image file name and/or URL link associated with the logo.
(iv) A statement by you, made under penalty of perjury, that you are the copyright owner of the Material or have been expressly authorized to make the request on behalf of the copyright owner;
(v) and An electronic or physical signature of the copyright owner of the Material or a person authorized to act on behalf of the copyright owner.
Failure to include all of the information above may result in the inability to process your request and/or fully remove the Materials from VietnameseMade.com website(s).
Please contact us at https://www.vietnamesemade.com/contact-us
- GOVERNING LAW AND CHOICE OF FORUM
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 Australia and both parties consent to the jurisdiction thereof.
- MISCELLANEOUS
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.com and you pertaining to the subject matter hereof. In its sole discretion, VietnameseMade.com 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.com. VietnameseMade.com 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.
- NOTICES
Notices to VietnameseMade.com shall be by accessing this
link https://www.vietnamesemade.com/terms-and-conditions Last Update: March 1st, 2023
