General terms and conditions

INTRODUCTION
Welcome to www.newviet.net!
We are New Viet Dairy Joint Stock Company located at 145 Ton That Dam, Ben Nghe ward, District 1, Ho Chi Minh City (“New Viet Dairy”). Newviet.net is an e-commerce website owned and operated by New Viet Dairy. Products displayed on this website are for sales under the following Terms and Conditions (“T&C”). Upon access to this site, you should carefully read and accept the T&C while creating your account and before placing any orders.
This T&C is linked to other documents on the site, including the policies and instructions. These documents form the integral parts of the T&C. Upon accepting this T&C, Clients also agree with terms set out in those documents.
Any amendment shall have an immediate effect since the time it is published on the website. We shall inform the amended version on the homepage of our website within 7 days from the date of publication. Clients are requested to check and accept the revised version before making any purchases on the website. Any orders placed after the publication of the revised T&C shall constitute the Client’s acceptance of the new T&C.
At any time, Clients can stop using or purchasing products on our website if Clients do not agree with the Terms & Conditions or other rules, policies, or any other relevant issues.
DEFINITIONS
Unless otherwise provided in this T&C, the following terms shall have the meanings respectively as below:
  • "Business Day" is the day of the week, excluding Saturday afternoon, Sunday or any public holiday prescribed by the law of Vietnam.
  • “Bank Business Day” is the day of the week, excluding Saturday, Sunday or any public holiday prescribed by the law of Vietnam.
  • "Client" or “Clients” means any natural person in the territory of Vietnam at least 18 years of age or under 18 years of age with parental or the legal guardian supervision and shopping at our Site.
  • "Force Majeure" means events beyond our control, including but not limited to natural hazards (such as storms, floods, droughts, earthquakes), insurrection, riot, war, hostilities, warlike operations, the national emergency cases, terrorism, strikes, epidemics, fire, fire, accident, breakdown of machinery, traffic limitation, actions of third parties (such as hackers), a software-related third-party Web site does not work, interruptions in the supply of public utilities (including electricity, water, telecommunications, or the Internet) and shortage of Products.
  • “New Viet Dairy” is New Viet Dairy Joint Stock Company with its headquarters located at 145 Ton That Dam, Ben Nghe ward, District 1, Ho Chi Minh City.
  • “Newvietnet” or “we” or "us" or “our” is the e-commerce website owned by New Viet Dairy. For this T&C, Newvietnet shall also mean New Viet Dairy.
  • "Terms and Conditions" or “T&C” means the terms and conditions of use and purchases at Newvietnet.com.
  • "Website" or “Site” means the website www.Newvietnet.com operated by New Viet Dairy to sell Products to the Clients.
CREATION AND MANAGEMENT OF CLIENTS’ ACCOUNT
Upon visiting the site, Clients can fill the cart without creating an account. The account is requested only when the Client begins to make an order of products. The account would also help the Client to enjoy full functionality and promotion programs we shall launch from time to time.
Individuals in Vietnam, satisfying the following conditions, can set up an account:
  • fully 18 years of age; or
  • under 18 years of age with the supervision of their legal guardian
Clients can follow this link to create their account. Clients must read and accept these Terms and Conditions to complete the process. You are advised to carefully keep your passwords confidential and shall not share it with other persons. Clients should also immediately inform New Viet net upon detecting any signals of illegal access to your accounts.
The account is created to Clients for the sole purpose of sales and purchase on this website. The information provided for the registration should be true and accurate in all aspects. Clients are advised to update the personal information upon changes. Clients may also ask for help from New Viet net to amend the relevant private information through our New Viet Customer Service Center at +84 8 62 88 35 35 or at contact@newvietnet.com. 
New Viet retains its rights to reject an order or any delivery due to wrong information detected and shall not hold liable for any direct or indirect damages caused by the non-compliance actions of Clients.
PRIVACY POLICY
INFORMATION COLLECTED
When a Client registers an account on Newviet.net, Newviet.net shall collect the private information, including passwords of accounts, full name; email address; date of birth, gender, telephone number, address for delivery, and other information requested from time to time.
PURPOSE AND SCOPE OF USING PRIVATE INFORMATION
The above-mentioned information is collected to operate the sales and purchase process based on Clients’ orders. We focus on maintaining a long term relationship with customers. With the Client’s prior agreement, we shall sometimes send the promotion programs or other information to you through email, address, or telephone number.
STORAGE AND CONFIDENTIALITY OF PRIVATE INFORMATION
The information provided by Clients will be stored for a while under the regulations. We commit to use the information for the purpose stated above or any other purposes which are agreed by Clients in advance. We shall not use or disclose them to any other third party for other commercial purposes.
We may disclose the private information or details of your transactions upon request from the competent authorities.
Newviet.net is highly aware of the confidentiality of the information and therefore applies the best method and solutions for the strongest protection. Clients are required to fully comply with confidentiality rules to ensure the effectiveness of the protection. We hold no liabilities for any loss or damages caused by the non-compliance actions of Clients.
REPRESENTATIONS AND WARRANTIES
Newviet.net certifies that
  1. it is a duly organized and validly existing legal entity and has the full power and right to conduct its business in Vietnam.
  2. it complies with all regulations of Vietnamese law applicable to the trading of products displayed on the site, especially the regulations about food and health safety, competition, intellectual property and protection of consumers
PROHIBITIONS
Users are not allowed to:
o   have comments, evaluation in the manner of offense, harassment, libels, threat, or disturbance or any impolite behaviors toward others;
o   have political comments (e.g. propaganda, sabotage, misrepresentation of the Government of Socialist Republic of Vietnam) or discrimination about religion, gender, ethnicity, class;
o   propagate depraved cultural products, offensive or illegal information;
o   disseminate materials, encourage others to perform illegal acts;
o   interfere with the legitimate rights to use the account of other Clients on the Site;
o   conduct any breach of regulations, including those relating to the use of the internet, the public telecommunications network or intellectual property rights;
o   create false information or deliberately impersonate other Clients or the Management Board of the Site;
o   interfere or disrupt internet lines of the Site or other sites linked to the Site; and
o   conduct any other acts prohibited by the law of Vietnam.
Newviet.net retains the rights to require competent authorities to deal with these violation acts following the applicable Civil Code, Criminal Code, and other relevant Vietnamese laws.
AREAS OF OPERATION
Newviet.net is a site to introduce products, services to customers nationwide.
CUSTOMER CARE
To provide the best customer service to Clients, we have a dedicated team of customer service that you can reach from 8h00am to 05h00pm from Monday to Friday, 8h00am to 12h00am on Saturday, except Sunday and National holiday under the law of Vietnam.
Despite our wish to offer our clients the best service, however, we could not satisfy all requirements or in the situation of Force Majeure. Therefore, to the maximum extent permitted by Vietnam laws, we shall not be obliged to perform services that are not offered in these Terms & Conditions as well as on other locations of the website. NewViet shall also hold no liabilities for any loss or damages arising from the access to our website for any reasons, including but not limited to website maintenance, breakdown of system, power cut, internet services provider failures to maintain continuity.
INTELLECTUAL PROPERTY
All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and the arrangement, and all software compilations, underlying source code, and software shall remain our properties.
Users are not allowed to use any of our intellectual property rights for commercial purposes, advertisements, introduction, or any use, amendment, transcription, or distribution any part of them without our prior consent.
Anything that you submit to the Site or other websites linked to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions and excluding your private personal information, (collectively, "Submissions") will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than you, or otherwise mislead us or third-parties as to the origin of any Submissions. We may remove or edit any Submissions.
RIGHTS AND OBLIGATIONS OF CLIENTS
Client shall have the right to:
  1. to request for consulting
  2. to seek help from the Customer Service team;
  3. to lodge a complaint about placed orders;
  4. other rights in accordance with the laws
Clients are obliged to:
  1. provide correct information and be responsible for its truthfulness and accuracy;
  2. well maintain and keep their account information confidential;
  3. follow other rules and warning provided by New Viet net from time to time;
  4. not to use any applications, software, tools or any other forms to intervene or to edit, change the data structure of the Site;
  5. not to use any part of this Site for commercial purposes or on behalf of any third parties without prior written consent from Newviet.net;
RIGHTS AND OBLIGATIONS OF NEWVIET.NET
Besides rights provided elsewhere in this T&C, New Viet  shall have the right to:
  1. a. use information provided under the law of Vietnam and this Terms & Conditions;
  2. b. lock, suspend or delete Client’s account upon detecting Clients in violating any articles of this Terms & Conditions or the laws of Vietnam;
Newviet.net is obliged to:
  1. operate the Site in accordance with the law of Vietnam;
  2. b. keep confidentiality of private information in accordance with the law and the Privacy Information Policy;
LIMITATION OF LIABILITIES AND EXEMPTION
To the maximum extent permitted by law, Newviet.net holds no liabilities for
  • computers, software or other devices which are not compatible with the Site;
  • any direct or indirect damages or loss caused by technical problems which are not the direct fault of New Viet net when accessing this Site;
  • traffic congestion upon accessing the Site;
  • any direct or indirect damages or loss caused by Force Majeure situation;
  • any damages occurred to Clients’ computers or devices or intervention when accessing the Site.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms and Conditions, other documents on the Site, and the sales and purchase transactions shall be governed by the laws of Vietnam.
Any claims or disputes arising out of or in relation to the transactions at the Site shall be amicably settled between parties. Failure of that, they shall be finally settled at the competent People’s Court in accordance with the law of Vietnam.

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