Regulatory Affairs

Privacy policy updates

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. 

 
 
Questions and contact information

If you would like to: access, correct, amend or delete any personal information we have about you, you are invited to contact us at [info@nguyentrac.com] or send us mail to: [220/21/7 Le Van Sy Street, Ward 14, District 3, Ho Chi Minh, 700000 ].

Translation Disclaimer

THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

The Nguyen Trac website has been translated for your convenience using translation software powered by Google Translate. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Translations are provided as a service to users of the Nguyen Trac website, and are provided "as is." No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of any translations made from English into any other language. Some content (such as images, videos, Flash, etc.) may not be accurately translated due to the limitations of the translation software.

The official text is the English version of the website. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated website, refer to the English version of the website which is the official version.

How do you use cookies and other tracking tools?

In general, the cookies which are initially placed on nguyentrac.com may be categorized as essential cookies.

Take a look at the table below to see which cookies we place on nguyentrac.com.

 

Cookies and Your Wix Site | Help Center | Wix.com

 

The following links explain how to access cookie settings in various browsers:


To opt out of being tracked by Google Analytics across all websites, visit this link: http://tools.google.com/dlpage/gaoptout.

How can your site visitors withdraw their consent?

If you don’t want us to process your data anymore, please contact us at [info@nguyentrac.com] or send us mail to: [220/21/7 Le Van Sy Street, Ward 14, District 3, Ho Chi Minh, 700000 ].

Why do you collect such personal information?

We collect such Non-personal and Personal Information for the following purposes:
To provide and operate the Services;
To provide our Users with ongoing customer assistance and technical support;
To be able to contact our Visitors and Users with general or personalized service-related notices and promotional messages;
To create aggregated statistical data and other aggregated and/or inferred Non-personal Information, which we or our business partners may use to provide and improve our respective services; 
To comply with any applicable laws and regulations.

 
 
How do you store, use, share and disclose your site visitors' personal information?

Our company is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to sell our products and services to you. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall. 

 

All direct payment gateways offered by Wix.com and used by our company adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

How do you communicate with your site visitors?

We may contact you to notify you regarding your account, to troubleshoot problems with your account, to resolve a dispute, to collect fees or monies owed, to poll your opinions through surveys or questionnaires, to send updates about our company, or as otherwise necessary to contact you to enforce our User Agreement, applicable national laws, and any agreement we may have with you. For these purposes we may contact you via email, telephone, text messages, and postal mail.

Cookie Policy

What type of information do you collect?
How do you collect information?

When you conduct a transaction on our website, as part of the process, we collect personal information you give us such as your name, address and email address. Your personal information will be used for the specific reasons stated above only.

We receive, collect and store any information you enter on our website or provide us in any other way. In addition, we collect the Internet protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; computer and connection information and purchase history. We may use software tools to measure and collect session information, including page response times, length of visits to certain pages, page interaction information, and methods used to browse away from the page. We also collect personally identifiable information (including name, email, password, communications); payment details (including credit card information), comments, feedback, product reviews, recommendations, and personal profile.

Terms and Conditions

1. Scope

 

1.1. Nguyen Trac Co., Ltd.; Nguyen Trac Australia (sole-trader) or any of their affiliates (each "Nguyen Trac," "We," "Us" or "Our") provides product solutions for the retail distribution of goods and services, including, without limitation, purchases for licenses of software and digital content, such as download media, license keys, electronic codes, software as a service, subscriptions, eBooks and back-up media products (the "Products"), thereby enabling Nguyen Trac & distributors, owners, software and shareware authors, and others worldwide to sell or license their Products online via Nguyen Trac.

 

1.2. These Nguyen Trac Terms and Conditions, including, without limitation, the Nguyen Trac Privacy Policy, as amended from time to time, are collectively known as the "Agreement." The Agreement applies to all purchases of Products made or confirmed through this website and/or through Our mobile app (individually and collectively, the "Website") or made or confirmed through other mutually agreed upon means. You understand and agree that this Agreement is enforceable against you and any entity with which you are employed or affiliated and on whose behalf the Products are used. If you are entering into this Agreement on behalf of yourself and such entity, you represent that you have the authority to bind the entity to this Agreement. The terms "You" and "Your" refer to you, individually, and to each such entity. You hereby represent and warrant that You have CAREFULLY read and understood this Agreement, that You are of legal age under the laws of Your country (e.g., eighteen years of age or older in the European Union, Australia and United States), and that You accept this Agreement freely, voluntarily, and with full knowledge and understanding of its terms and conditions.

 

1.3 The Nguyen Trac Privacy Policy is part of this Agreement.

 

2. Order

 

2.1 Nguyen Trac cannot guarantee that the Products are in stock. Nguyen Trac reserves the right to reject Your submission of an order to purchase Products ("Order") at any time and without any liability to Nguyen Trac if, in Nguyen Trac's sole discretion, it is unable to process or fulfill Your Order. Nguyen Trac shall have this right of rejection even if You should receive a notice via the Website that the Order was successfully submitted or completed (or similar language).

 

2.2 Promptly following any rejection by Nguyen Trac of Your Order, Nguyen Trac will refund any prior payments that You have made for the Products included in that Order.

 

2.3 You confirm that all information provided by You when placing an Order is complete, accurate and up-to-date so as to allow Nguyen Trac to fulfill Your Order, and You will promptly update such information to keep it complete and accurate. You may update Your information via Nguyen Trac members Website.

 

2.4 If You provide any information that is untrue, inaccurate, or incomplete, or if Nguyen Trac has reason to believe that the information You provided is untrue, inaccurate, or incomplete, Nguyen Trac may: (a) suspend or terminate Your account; (b) if permitted by applicable law, use electronic self-help means to terminate Your ability to access the Products; and/or (c) terminate this Agreement.

 

2.5 You will maintain the confidentiality of Your password, user ID, and other account credentials. You shall immediately notify Nguyen Trac of any unauthorized use of Your account credentials, or any other breach of security that is known or suspected by You.

 

2.6 You consent to the use of goods in transacting business with Nguyen Trac, including, without limitation, the product delivery of notices and other documents to You. If at any time You would like to cease doing business with Nguyen Trac, You will need to provide Nguyen Trac with written notice of Your withdrawal of Your consent to do business, which will then terminate this consent. Thereafter, You shall not use our Website to place any Orders, and any notices and documents from Nguyen Trac will be provided to You on paper.

 

3. Price and Payment

 

3.1 Prices are as specified on the Website; however, Nguyen Trac reserves the right to adjust prices in its sole discretion due to increases in costs (including, without limitation, delivery costs or costs of any materials), the increase or imposition of any tax, duty or other levy, any variation in exchange rates, or any programming, data or other errors. Prices for the Products are exclusive of shipping, handling, duties, and taxes, all of which shall be paid by You.

 

3.2. Prior to Product delivery, Nguyen Trac will notify You in electronically via email of any price increases (a "Notification Email"). The Notification Email will be sent to You at the email address that We have in Our records for You. By no later than the deadline set forth in the Notification Email, You may cancel Your Order for the Product for which the price was increased (a) via Nguyen Trac members Website or (b) by sending a reply email to the Notification Email. If You do not so cancel Your Order within said deadline, You accept the new prices and conditions for the Product as set forth in the Notification Email.

 

3.3. You shall make payment for Your Order prior to Product delivery and by one of the methods that are indicated on the Website (or by such other method as may be mutually agreed upon in writing by You and Nguyen Trac). When You place Your Order, Nguyen Trac will charge the credit or debit card that You provided to Nguyen Trac. If You do not pay applicable taxes to Nguyen Trac for the Product, You must report and pay any applicable taxes to the appropriate governmental agencies.

 

3.4 Nguyen Trac reserves the right to verify Your credit or debit card payments. In case of any non-payment to Nguyen Trac following Product delivery, Nguyen Trac may, without notification to You, transmit claims to the parties for which Nguyen Trac acted as a reseller (the "Vendor"), and the Vendor or Nguyen Trac shall have the right to repossess and resell such Products, and You hereby grant Nguyen Trac, the Vendor, and their designated agents all rights available under applicable law, including, without limitation, the right to use product goods self-help means to terminate Your ability to access the Products, or otherwise repossess or reclaim the Products from You.

 

3.5. As between You and Nguyen Trac, You shall be responsible for any fraudulent or unauthorized transactions made through the Website, including, without limitation, using Your account credentials, credit card or debit card.

 

4. Delivery; Risk of Loss; Title

 

4.1 All delivery dates (whether provided on the Website, in an Order confirmation, or elsewhere) are estimates only and not a guarantee that any the Products will be delivered by a given date.

 

4.2 Delivery will be made to the address You provided to Nguyen Trac for Your Order. You must immediately notify Nguyen Trac via Nguyen Trac members Website of any errors or omissions in the Nguyen Trac Order confirmation notice at the Website or in the Nguyen Trac payment notification that is sent to You at the email address that We have in Our records for You. Nguyen Trac reserves the right, in its sole discretion, to impose additional charges for any adjustments You make to an Order (e.g., delivery address) after You submit an Order.

 

4.3 All risk of loss for the Products shall pass to You upon delivery of the Products to the location specified in Your Order (even if no signature is required for delivery). For the avoidance of doubt, the delivery of downloaded Products occurs when the Products are downloaded. If You should refuse or fail to take delivery of the Products, all risk of loss for the Products will thereupon pass to You and, upon the demand of Nguyen Trac, You shall pay Nguyen Trac for the Products plus any additional amounts incurred by Nguyen Trac as a result of Your refusal or failure to take delivery of the Products, including, without limitation, attempting delivery of the Products by any reasonable means, or storing the Products. Nguyen Trac will be entitled to dispose of the Products in such manner as it sees fit if You have not taken delivery of the Products within thirty (30) days after (a) the scheduled date of delivery or (b) the date on which delivery was first attempted, whichever is later.

 

4.4 Except as Clause 3.2 or 12.1 may apply to Your Order, or as described by Nguyen Trac in the Order form for Your Order, You are not entitled to revoke or cancel in whole or in part any Order.

 

4.5 Title to the Products (or, if licensed, Your copy of the Products) will pass to You when Nguyen Trac receives payment in full for the Products (including, without limitation, any interest and other amounts due for the Products).

 

4.6 Unless and only to the extent permitted by the EULA or applicable law, if You are a consumer, You shall not resell the Products until after title therein has passed to You.

 

5. Conditions for the Products

 

5.1 The Products delivered by Nguyen Trac are subject to the terms and conditions of this Agreement and the terms and conditions of an end user license agreement or other agreement from the Vendor of the Products (collectively, the "EULA"). If You do not agree to the EULA, You are not authorized to use the Product and shall immediately notify Nguyen Trac via Nguyen Trac members Website. Unless otherwise expressly agreed in writing by the Vendor, the Products are licensed and not sold to You, irrespective of any use of the words "purchase," "sale," "reseller" or similar terms in this Agreement or at the Website. Unless and only to the extent permitted by the EULA or applicable law, You represent and warrant that You shall use the Products in accordance with the EULA and will not use the Products for any unlawful purpose. In addition to and without limiting the foregoing, You shall:

 

5.1.1 keep the Products in confidence and not disclose or make them available to any third party;

5.1.2 not rent, lease, loan, license, sublicense, distribute, make available, transfer, assign, sell, reproduce, adapt, translate, disclose, display, publish, exploit for commercial purposes, or modify the Products, or any components thereof;

5.1.3 use the Products solely for internal business purposes and not in the operation of a service bureau or shared services environment;

5.1.4 not create derivative works based on the Products or any components thereof, or combine the Products with any other accessories;

5.1.5 not remove, obscure, or alter the copyright notices, trademarks, or other proprietary rights notices that appear in the Products;

5.1.6 obtain, at Your own cost and expense, all goods and services necessary to use the Products;

5.1.7 obtain, at Your own expense, all licenses and authorizations required for the acquisition, delivery or use of the Products; upon Nguyen Trac's request, You will provide Nguyen Trac with evidence of such licenses or authorizations; and You will be liable to Nguyen Trac for all expenses or charges incurred by Nguyen Trac as a result of Your failure to obtain such licenses or authorizations;

5.1.8 not reverse engineer, decompile, reverse assemble, or attempt in any manner to discover the source code of the Products;

5.1.9 have no right, title or interest in any of the intellectual property in or associated with the Products or the Website, including, without limitation, patent, copyright, trademark, trade secret, know-how, ideas, technical information, user interfaces, processes, "look and feel," improvements and modifications (collectively "IP Rights"), and You acknowledge and agree that Nguyen Trac or the Vendors retain all of the IP Rights;

5.1.10 not export or re-export the Products; and

5.1.11 comply with all laws, rules and regulations applicable to the Products, including, without limitation, the restrictions, controls, customs duties, laws, rules and regulations of the territory to where delivery of the Products was ordered, or the territory where the Products are used.

5.2 Subject to Clause 11 (Inspection; Complaints), Clause 12 (Consumer Revocation of an Order) and Clause 13 (Refunds) of this Agreement, the remedies set forth in the EULA shall be Your sole and exclusive remedies with regard to the Products.

 

6. Automatic Renewal

 

With respect to certain of the Product services, We may provide You with an option to automatically renew the Product license or subscription. If You elect automatic renewal, each renewal term for the Products will be equal in duration to the initial term for such Products. At any time during a renewal term, You may elect to not renew the Product license or subscription for the forthcoming renewal term, in which case this Agreement with regard to such non-renewed Products shall be terminated upon the expiration of the then-current renewal term. Upon any termination of this Agreement, You shall uninstall and destroy all copies of the Products and discontinue all use of the Products, unless and only to the extent You are permitted by the EULA or applicable law to retain copies of the Products.

 

7. Feedback

 

From time to time, Nguyen Trac or a third party engaged by Nguyen Trac may request feedback and other information from You about such topics as the Products or Your experiences with the Products ("Feedback"). Providing Nguyen Trac with Feedback is optional. By providing Feedback to Nguyen Trac, You grant Nguyen Trac a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable and fully sublicensable right to use the Feedback for any lawful purpose, including, without limitation, the right to reproduce, adapt, publish, translate, distribute, and display all or parts of the Feedback in any medium whatsoever along with Your first name and last initial, and local geographic area, as determined by Nguyen Trac in its sole discretion. Nguyen Trac may also use the Feedback in anonymous and aggregate reviews.

 

8. Warranty Disclaimer

 

Legal guarantee for tangible good is 2 years. To exercise your right for a guarantee please send a written request to Nguyen Trac as per section 14. If your Product is an intangible good you are entitle to cancel your order in 15 days as per section 12 or ask for a refund as per section 13.

 

AS BETWEEN YOU AND NGUYEN TRAC, THE PRODUCTS ARE DELIVERED "AS IS" AND YOU USE THE PRODUCTS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NGUYEN TRAC DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND WHATSOEVER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NGUYEN TRAC HEREBY DISCLAIMS, AND YOU HEREBY WAIVE, ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR ANY WARRANTY THAT MAY ARISE BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OF THIS AGREEMENT.

 

9. Limitation of Liability; Indemnification; Release

 

9.1 IN NO EVENT SHALL NGUYEN OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF REVENUE OR PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SUBJECT MATTER HEREOF EVEN IF NGUYEN TRAC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, IF NGUYEN TRAC SHOULD BE HELD LIABLE FOR ANY DAMAGES NOTWITHSTANDING THE TERMS AND CONDITIONS OF THIS AGREEMENT, THE ENTIRE LIABILITY OF NGUYEN TRAC (INCLUDING ITS AFFILIATES) WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE, FOR ANY REASON AND UPON ANY CAUSE OF ACTION, REGARDLESS OF THE NUMBER OF ACTIONS OR NUMBER OF LICENSED COPIES OF THE PRODUCTS (AND WHETHER BASED IN CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE) SHALL NOT EXCEED, IN THE AGGREGATE, ONE HUNDRED DOLLARS ($100.00 USD). NO CAUSE OF ACTION WHICH ACCRUED MORE THAN ONE (1) YEAR PRIOR TO THE FILING OF A SUIT ALLEGING SUCH CAUSE OF ACTION MAY BE ASSERTED AGAINST AVANGATE OR ITS AFFILIATES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. NO OTHER LIMITATION CONTAINED IN THIS AGREEMENT SHALL LIMIT NGUYEN TRAC'S LIABILITY TO YOU, TO THE EXTENT SUCH LIMITATION IS PROHIBITED BY APPLICABLE LAW. THE LIMITATIONS OF LIABILITY IN THIS AGREEMENT SHALL SURVIVE EVEN IF ANY EXCLUSIVE OR LIMITED REMEDIES PROVIDED IN THIS AGREEMENT SHOULD FAIL OF THEIR ESSENTIAL PURPOSE.

 

9.2 You shall indemnify, defend and hold harmless Nguyen Trac and its affiliates, and each of their officers, directors, shareholders, agents, representatives, licensees and employees (each, an "Indemnified Party"), from and against any and all claims, losses, liabilities, damages, actions, lawsuits and other proceedings, judgments and awards, and costs and expenses (including, without limitation, court costs and reasonable attorneys' and consultancy fees), arising directly or indirectly, in whole or in part, out of: (a) any breach or threatened breach of this Agreement by You; (b) Your use of the Products; or (c) Your negligence, gross negligence or willful misconduct. An Indemnified Party may participate in the defense by counsel of its own choosing, at its own cost and expense. You shall not settle any claim that adversely affects an Indemnified Party or imposes any obligation or liability on an Indemnified Party without the Indemnified Party's prior written consent.

 

9.3 TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE EACH INDEMNIFIED PARTY FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH DISPUTES BETWEEN YOU AND THIRD PARTIES (INCLUDING VENDORS) CONCERNING THE PRODUCTS, THE WEBSITE OR THIS AGREEMENT. IN CONNECTION WITH THE FOREGOING RELEASE, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE 1542 (AND ANY OTHER APPLICABLE LAW OR STATUTE) WHICH SUBSTANTIALLY STATES:

 

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

 

10. Termination

 

10.1 In addition to and not in lieu of Nguyen Trac's other rights, Nguyen Trac may, upon written notice to You via email, suspend or cancel Your Order for delivery of the Products, use self-help service means to terminate Your ability to access the Products (if permitted by applicable law), or terminate this Agreement, if:

 

10.1.1 any step, process, application, filing in court, order, proceeding, notice or appointment is taken or made by or in respect of You for a moratorium, composition, compromise or arrangement with creditors, administration, liquidation, dissolution, receivership (administrative or otherwise), distress or execution;

10.1.2 You become insolvent or We deem You unable to pay Your debts as they come due;

10.1.3 anything similar to the foregoing occurs; or

10.1.4 You fail to comply with any terms and conditions of this Agreement or the EULA.

10.2 This Clause 10.2 and the following provisions will survive any termination of the Agreement: Clauses 1 (Scope), 5 (Conditions for the Products), the last sentence of Clause 6 (Automatic Renewal), 8 (Warranty Disclaimer), 9 (Limitation of Liability; Indemnification; Release), 14 (Notices), 15 (Governing Law), 16 (Disputes) and 18 (General). In addition, any provisions which by their nature contemplate effectiveness beyond the termination of this Agreement shall survive any such termination. Nguyen Trac's remedies under this Agreement are cumulative and not exclusive and are in addition to all remedies available at law or in equity.

 

11. Inspection; Complaints

 

11.1 Upon delivery of the Products, You should inspect the Products and verify that the Products as delivered are in accordance with Your Order, including, without limitation, verifying that no items are missing from Your Order.

 

11.2 Within fifteen (15) days after the Products are delivered, You must provide written notice to Nguyen Trac if any of the Products as delivered are not in accordance with Your Order. Such written notice shall be sent by You to Nguyen Trac as specified in Clause 14 (Notices). If delivery of such Products was made by the Vendor of the Products, You must also, within said fifteen (15) days, provide written notice to that party in accordance with the terms of the EULA.

 

12. Consumer Revocation of an Order (RIGHT OF WITHDRAWAL)

 

12.1 IF YOU ARE A CONSUMER PURSUANT TO THE APPLICABLE LAW OF THIS AGREEMENT AS IT PERTAINS TO YOU AND YOUR ORDER, THEN IN ADDITION TO AND NOT IN LIEU OF YOUR OTHER RIGHTS UNDER THIS AGREEMENT, YOU WILL HAVE A PERIOD OF FIFTEEN (15) DAYS AFTER DELIVERY OF THE PRODUCTS DURING WHICH YOU MAY CANCEL YOUR ORDER, IN WHOLE OR IN PART, FOR ANY REASON BY SENDING WRITTEN NOTICE TO NGUYEN TRAC AS SPECIFIED IN CLAUSE 14 (NOTICES) AND RETURNING YOUR PRODUCT TO NGUYEN TRAC. NOTWITHSTANDING ANYTHING TO THE CONTRARY, SAID RIGHT OF CANCELLATION SHALL NOT APPLY IF YOU HAVE BROKEN THE SEAL OF THE PRODUCT; DOWNLOADED THE PRODUCT; OR THE NATURE OF THE PRODUCT IS SUCH THAT A RETURN IS NOT FEASIBLE, WHICH FEASIBILITY SHALL BE AS DETERMINED BY NGUYEN TRAC IN ITS SOLE DISCRETION (E.G., PRODUCT WAS CUSTOMIZED FOR YOU). FOR THE AVOIDANCE OF DOUBT THIS SECTION IS NOT APPLICABLE TO PRODUCTS WHERE THE SEAL WAS BROKEN BY YOU AND SERVICES ALREADY USED.

 

12.2 If You exercise Your right of cancellation pursuant to Clause 12.1, You shall, within the same period of fifteen (15) days set forth in Clause 12.1, return the relevant Products to Nguyen Trac and Nguyen Trac will thereafter refund any prior payments that You made for such returned Products. Return shipping of the relevant Products will be at Your own expense; however, Nguyen Trac will bear the return shipping expense if such Products are being returned because such Products, as delivered, are not in accordance with the Order. Any return of the relevant Products by You shall be made to the mailing address specified by Nguyen Trac in the delivery details that accompanied the Products.

 

12.3 If (a) You do not exercise Your right of cancellation pursuant to Clause 12.1 and return the Products pursuant to Clause 12.2; or (b) You exercise Your right of cancellation pursuant to Clause 12.1 but the Products as received by Nguyen Trac were damaged after they were delivered to You, Your Order shall not be deemed cancelled and You shall pay Nguyen Trac in full for the Products within thirty (30) days after You provided Nguyen Trac with Your written notice of cancellation pursuant to Clause 12.1.

 

13. Refunds

 

13.1 All refund and exchange requests are managed by Nguyen Trac and are made pursuant to the Nguyen Trac Refund Policy.

 

14. Notices

 

14.1 Any notice to Nguyen Trac that is required or permitted by this Agreement shall be in writing and shall be deemed given: (a) if sent by mail to the applicable Nguyen Trac office identified in the "Footer" section of the Website, five (5) Business Days after deposit in the mail, postage prepaid; (b) if sent by fax to the fax number identified in the "footer" section of the Website, upon Your receipt of electronic confirmation thereof; (c) if sent by email to info@nguyentrac.com, upon Nguyen Trac's receipt of the email; or (d) if sent by next day delivery service to the address identified in the "footer" section of the Website, upon such delivery.

 

14.2 Any notice to You that is required by this Agreement shall be in writing and shall be deemed given: (a) if sent by email to the email address that We have in Our records for You, upon the earlier of Your receipt of the email, or two (2) Business Days after We sent the email (provided that We did not receive a message indicating that the delivery of the email was unsuccessful); (b) if sent by mail to mailing address that We have in Our records for You, five (5) Business Days after deposit in the mail, postage prepaid; (c) if sent by fax to the fax number We have in Our records for You, upon Our receipt of electronic confirmation thereof; or (d) if sent by next day delivery service to the address We have in Our records for You, upon such delivery.

 

14.3 You may submit any consumer complaints concerning Nguyen Trac to info@nguyentrac.com, or by mail to the applicable Nguyen Trac office identified in the "footer" section of the Website.

 

15. Governing Law

 

15.1 With regard to the Products You purchased from Nguyen Trac Co., Ltd.

 

15.1.1 this Agreement shall be governed by, construed and enforced in accordance with the laws of Local Governing Authority without giving effect to any conflict of laws provisions, and the application to this Agreement of the United Nations Convention of Contracts for the International Sale of Goods and the Maritime International Agreement is expressly excluded;

15.1.2 subject to Clause 16 (Disputes), the exclusive jurisdiction and venue for all legal actions arising out of this Agreement shall be settled in Vietnam's International Chambers of Commerce.

15.1.3 You and Nguyen Trac Co., Ltd. expressly waive any rights to contest the jurisdiction, venue or convenience of any such federal or state court.

15.2 With regard to the Products You purchased from Nguyen Trac Co., Ltd.

 

15.2.1 this Agreement shall be governed by, construed and enforced in accordance with the laws of The Vietnam, without giving effect to The Vietnam's conflict of laws provisions, and the application to this Agreement of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded;

15.2.2 subject to Clause 16 (Disputes), the exclusive jurisdiction and venue for all legal actions arising out of this Agreement shall be in an appropriate court sitting in Ho Chi Minh, Vietnam, and You hereby consent to the exclusive jurisdiction of such court;

15.2.3 You and Nguyen Trac Co., Ltd. expressly waive any rights to contest the jurisdiction, venue or convenience of any such court sitting in Hanoi, Vietnam; and

15.3 You agree and acknowledge that any breach or threatened breach by You of this Agreement may cause Nguyen Trac irreparable injury for which the recovery of money damages would be inadequate. Therefore, in addition to any other remedies that may be available at law, in equity, or otherwise, Nguyen Trac shall be entitled to obtain injunctive relief against the breach or threatened breach of this Agreement, without the necessity of proving actual damages, or posting a bond, even if otherwise normally required.

 

16. Disputes

 

16.1 With the exception of injunctive relief (which either party may seek as they deem necessary to avoid irreparable damage or preserve the status quo), any dispute between the parties arising out of or related to this Agreement shall be resolved as follows:

 

16.1.1 Upon the written request of either party, each party will appoint a designated representative whose task it will be to meet for the purpose of resolving such dispute. Each designated representative shall have the authority to reach a binding resolution of the dispute through amiable discussions, the exchange of documents, and/or meetings. The designated representatives shall negotiate in good faith in an effort to resolve the dispute without the necessity of any formal proceeding relating thereto.

16.1.2 All disputes that have not been resolved by the designated representatives within thirty (30) days after said initial written request by one of the parties to appoint a designated representative, shall be resolved by (a) the courts specified in Clause 15.1 with regard to the Products You purchased from Nguyen Trac Co., Ltd. upon the filing of an action by either party with said courts; and (b) the courts specified in Clause 15.2 with regard to the Products You purchased from Nguyen Trac Co., Ltd. upon the filing of an action by either party with said courts.

16.2 Notwithstanding any terms and conditions of this Agreement to the contrary, the prevailing party in any proceeding arising out of or related to this Agreement shall be entitled to recover its reasonable expenses and costs, including outside and in-house attorneys' fees, from the other party.

 

17. General

 

17.1 Nguyen Trac's failure or delay in the performance of any of its obligations under this Agreement shall be excused to the extent and for the duration that such failure or delay is occasioned by a force majeure event which shall include, without limitation, acts of God, acts of war, earthquakes, fires, floods, terrorism, riots, civil disorders, rebellions, labor disputes, or any circumstances beyond Nguyen Trac's reasonable control.

 

17.2 In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement, which shall remain in full force and effect. Your Order and this Agreement set forth the entire understanding between You and Nguyen Trac relating to the subject matter of Your Order and this Agreement, and supersede all prior or contemporaneous negotiations, understandings, agreements, proposals and representations, written or oral, between the parties related to Your Order and this Agreement. In the event of a conflict among the terms and conditions of this Agreement and the terms and conditions of any Order, the terms and conditions of this Agreement shall prevail. You agree that the terms and conditions of any purchase order, shrink-wrap, clickwrap, browse-wrap or other documents (even if accepted by Nguyen Trac) used by You in connection with the Products or this Agreement shall be for administrative purposes only and shall have no legal force or effect, notwithstanding any language to the contrary in any such documents.

 

17.3 Nguyen Trac reserves the right to change this Agreement at any time by posting notice of the changes on the Website. You will be deemed to have been made aware of, and will be subject to, the changes to this Agreement after such notice has been posted. Your continued use of the Products, the Website, or any materials or services accessible through the Website, shall constitute Your acceptance of the changes. If You do not agree to the changes, Your sole remedy shall be to discontinue use of the Products and not place new Orders for Products. No delay or failure by Nguyen Trac in exercising or enforcing any of its rights or remedies under this Agreement, in whole or in part, and no course of dealing or performance, shall constitute a waiver by Nguyen Trac of any provision of this Agreement.

 

17.4 Your Order and this Agreement are personal to You. You shall not assign Your rights or delegate Your obligations under this Agreement, in whole or in part, without the prior written consent of Nguyen Trac. Any attempted assignment or delegation by You shall be voidable ab initio by Nguyen Trac. This Agreement shall be binding on and inure to the benefit of the parties and their respective successors and permitted assigns.

 

17.5 This Agreement shall not be construed as creating any agency, partnership or joint venture between Nguyen Trac and You.

 

18.6 The headings contained in this Agreement are intended solely for convenience of reference and are not intended to be part of or affect the meaning or interpretation of this Agreement. The words "shall," "agree" and "will" are mandatory, the word "may" is permissive, the word "or" is not exclusive, and the singular includes the plural and vice versa. "Business Day" shall mean Monday through Friday, excluding New Year's Day, Christmas Day, and other Nguyen Trac holidays. All time period references in the Agreement to "days" other than "Business Days" shall be deemed to refer to calendar days. All references to "days" or "Business Days" shall mean consecutive days or Business Days. This Agreement is executed in the English language. In the event this Agreement is translated into another language, and any inconsistency or discrepancy in meaning or interpretation results therefrom, the English language version shall prevail and control.

Copyright © 2002 - 2021 Nguyen Trac Operating Company, Limited. All Rights Reserved.

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