1. ACCEPTANCE OF TERMS
1.1. This website located at www.VietUc.com.au (the "Site") is provided by VietUc.com.au (“VietUc”, a division of IDA Media 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 https://vietuc.com.au/en/pages/terms-of-use/6
1.2. VietUc 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.
2. 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 VietUc 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. VietUc 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 VietUc or someone else, or spoof VietUc's 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;
(iv) 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;
(v) make fraudulent offers, or involve the sale or purchase or attempted sale or purchase of counterfeit or stolen items; or
(vi) collect or store personal data about other users unless specifically authorized by such users. VietUc reserves the right to report any wrongdoing, if we become aware of it, to the applicable government agencies or otherwise.
2.3 You agree to not
(i) use any method to intercept or expropriate any system data or information from the Site without the express written permission of VietUc.
2.4 VietUc 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 VietUc in the earliest possible time. VietUc commits to cooperate with you to solve such issues in the most effective and timely manner.
2.5 VietUc allows you to use and access to information provided by the third parties via hyperlinks or co-branded links. VietUc 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 VietUc to any third parties without consent granted by VietUc.
2.7 You are allowed to use the service provided by VietUc 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 VietUc’s 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 VietUc and VietUc’s affiliates.
3. NO ENDORSEMENT OF CONTENT OR SERVICE PROVIDERS
3.1 VietUc encourages you to use discretion when browsing the Internet or using the Site. VietUc 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. VietUc 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 VietUc 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 VietUc and that uploaded on VietUc’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 VietUc’s website.
4.2 If you provide any information that is untrue, inaccurate or is not current or complete, or if VietUc has reasonable grounds to suspect that such information is untrue, inaccurate or is not current or complete, VietUc has the right to remove such information, to suspend or terminate the user’s membership or title to use of services provided by VietUc.
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. VietUc reserves the right to remove any material or information in its sole discretion that is potentially unlawful, may subject VietUc to liability, violate the terms and conditions of VietUc or is otherwise found inappropriate. VietUc 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 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, products and services by using the upload tool. You represent and warrant that
(i) you are the owner of the logos, products and services and/or are authorized by the owner to upload the logos, products and services on their behalf;
(ii) the logos, products and services do not infringe in any manner any trademark, copyright, or other intellectual property right of any third party;
(iii) the logos, products and services 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, products and services are not false or misleading. By submitting your logos, products and services for use on the Site, you grant VietUc the right to use the logos and products on or in connection with VietUc's website(s), or to have others do so on VietUc's behalf, all without any payment of royalties or other obligations. VietUc 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 VietUc.com.au’s website. All fees (if any) shall be payable in advance to VietUc by Paypal, credit cards or some other methods acceptable to VietUc, in AUD Dollars only. Unless otherwise agreed between you and VietUc, 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 VietUc 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 VietUc 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 VietUc or if there is any breach of a substantive nature of these terms and conditions by you.
6.2 VietUc may also terminate the provision of the service to you if your membership has expired and has not been active for six (6) months. In such cases, if you wish to reactivate the account, you will be required to proceed with the VietUc’s registration process to re-register as a user of the service.
6.3 VietUc may suspend or terminate your membership if you are found (whether by conviction, settlement, insurance or otherwise) to have engaged in a fraudulent activity in connection with the use of VietUc.com.au’s website or the service.
6.4 Upon termination, all licenses, rights and privileges granted to you shall cease.
7.1 VietUc does not involve in the actual buying and selling transactions among users. As a result, VietUc cannot control the quality, safety or legality of the products or services offered for sale and all related matters in such transactions. VietUc 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 VietUc.com.au
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 VietUc acts only as the facilitator to the transactions among users, therefore VietUc 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 VietUc in the investigation and settlement process of damages or liabilities that may arise.
9. SYSTEM OUTAGES
VietUc.com.au periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. VietUc 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
VIETUC PROVIDES THIS WEB SITE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. VIETUC 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. VIETUC MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, NOR DOES VIETUC 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 VIETUC 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 VIETUC, 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. VIETUC 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 VIETUC, OUR PARENT COMPANY, SHAREHOLDERS, AFFILIATES AND TO ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS. IN NO EVENT SHALL VIETUC'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.
You agree to indemnify VietUc, 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 VietUc 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
All pages within the Site are the property of VietUc (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 VietUc. 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 VietUc.
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 VietUc or the trademark owner.
VietUc respects the intellectual property of others and we ask our users to do the same. If you wish to notify VietUc of an alleged copyright infringement, or if you are the valid copyright owner to a logo or graphic image in use by VietUc (whether submitted by you or a third party), you may contact VietUc as set forth below and request that VietUc remove such materials.
Tel: (+61.2) 9608 6852
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 VietUc.com.au's 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 VietUc.com.au's website(s).
14. 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, Australia 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.
Please send all Notices to firstname.lastname@example.org
Last Update: January 4th, 2019