- OPERATION REGULATION
GENERAL PRINCIPLES AND REGULATIONS
1.1. Website www.thegioihangnhat.vn and e-commerce mobile app thegioihangnhat.vn (hereinafter “THEGIOIHANGNHAT”) is the website and mobile app providing e-commerce and online promotion services. They are set up by the company IMPORT EXPORT TRADING LTD 365, a company established and operating under the Business Registration Certificate No. 0314794699 issued by the Department of Planning and Investment of Hanoi for the first time on December 20, 2017. (Hereinafter referred to as 365 Trading).
1.2. THEGIOIHANGNHAT is an e-commerce trading platform and online promotion website / mobile application for individuals and traders (i) wishing to introduce, sell goods /or services on TGNH; and (ii) signed a contract with TGNH to use e-commerce and / or other services on TGNH (hereinafter referred to as “Trader”).
1.3. Customers participating in transactions on TGHN are (i) all individuals aged 15 and upper, having appropriate civil act capacity to conduct transactions on the website and through the application of TGNH; and (ii) any organization established and operating legally in under the laws of Vietnam (hereinafter referred to as “Customer”).
1.4. The product traded on TGHN includes goods / services / vouchers / service certificates (hereinafter referred to as “Products”).
1.5. All activities of buying and selling products on the Bank must be conducted publicly and transparently, ensuring the rights of both Traders and Customers. In any case, Merchants will be fully responsible to the Customer for all matters related to Merchants provided on THEGIOIHANGNHAT.
1.6. THEGIOIHANGNHAT will record and retain the contents of (i) Customer’s calls to THEGIOIHANGNHAT’s customer service; and (ii) calls from THEGIOIHANGNHAT’s customer service department to the Customer (hereinafter referred to as “Record”). The Record will be used as evidence in the event of a dispute arising during the transaction at THEGIOIHANGNHAT, subject to 365 TRADING’s decision.
1.7. By participating in transactions on THEGIOIHANGNHAT, Traders / Clients are considered to have understood their rights and obligations and agreed to be bound by the THEGIOIHANGNHAT Website and mobile application service operation regulation (hereinafter “Regulation”) is in effect at the time the Trader / Customer performs the transaction.
- TRANSACTION PROCESS2.1. Transaction process for Customers.
Customers follow the following steps:
– Customers search for Products on demand; review the relevant information and select the Product in accordance with the requirements for inclusion in the Customer’s order (hereinafter “Order”)
– Customer reviews the information of the Order before payment. When Customer clicks (click) on the “Payment” box in the Payment Method Section to proceed with payment of his Order, the Customer confirms that he has reviewed the Order Information and agrees to be the Terms And Trading Conditions applied to the purchase of Customer’s Products on THEGIOIHANGNHAT.
– The Customer performs the confirmation / cancellation of the Order in accordance with the Terms and Conditions of Trading on THEGIOIHANGNHAT.
– Customers make payment according to the procedure specified in Payment Policy on THEGIOIHANGNHAT.
– Customer’s Products will be delivered / shipped according to the Delivery Policy on THEGIOIHANGNHAT.
– Any disputes and complaints arising (if any) of the Customer will be resolved in accordance with the Terms and Conditions of Trading on THEGIOIHANGNHAT.
2.2. Transaction process for Traders.
Trader’s process of transaction complies with the contract / agreement between that Trader and 365 TRADING (hereinafter referred to as the “Contract”) and rules/regulations are posted on the Merchant Center, accordingly:
Traders follow these steps:
– Trader signs a Contract with 365 TRADING;
– Trader provides information / images / contents of Products to post on THEGIOIHANGNHAT in accordance with this Agreement and this Regulation;
– 365 TRADING will collect the purchase of the Customer’s Product when the Product is sold to the Customer and will be paid to the Merchant as agreed in the Contract; and
– Trader is fully responsible for resolving Customer’s complaints and disputes related to Traders’ products on THEGIOIHANGNHAT
- SECURITY OF TRANSACTION SAFETY 365 TRADING has built a mechanism to ensure the safety of transactions for Customers according to the Payment Information Security Policy.
- PROTECTION OF PERSONAL INFORMATION OF CUSTOMERS
- MANAGEMENT OF BAD INFORMATION
5.1. Customers and Trades are not allowed to use 365 TRADING’s utilities, functions or promotions on THEGIOIHANGNHAT for (i) illegal, fraudulent, threatening, and disseminating purposes that damage to 365 TRADING system, configuration, information transmission and 365 TRADING’s partners; (ii) the purpose of speculation, cornering the market to create fake orders, even for judging market demand. Guilty Customers / Traders must be responsible for their acts before the law.
5.2. Traders are not allowed to post on THEGIOIHANGNHAT any information / images / ads that violate any third party’s intellectual property rights or violate the law or Vietnamese customs and habits.
5.3. Customers and Merchants must not provide untrue, defamatory or discreditable information of THEGIOIHANGNHAT and / or other Traders and / or Customers, under any form.
5.4. 365 TRADING has the right to censor, review information posted on THEGIOIHANGNHAT by necessary measures. Any violation will be dealt with in accordance with this Regulation and Vietnamese law. In addition, 365 TRADING reserves the right to terminate the Agreement if the Trader breaches it.
- LIMITATION OF LIABILITY IN CASE OF DEVELOPING TECHNICAL ERRORS ON THEGIOIHANGNHAT
The technical system of THEGIOIHANGNHAT will be maintained in a stable, safe and compliant state of law regarding the provision of e-commerce services and online transactions. However, 365 TRADING is not responsible for any damage or loss of Customer arising during the transaction on THEGIOIHANGNHAT, unless the losses are caused by intentional error of 365 TRADING.
- RIGHTS AND RESPONSIBILITIES OF 365 TRADING7.1 Rights of 365 TRADING
(i) Requesting Traders to exercise their rights and obligations in accordance with the contents of the Contract;
(ii) Requesting traders, organizations and individuals who sell products on the list of goods and business services with the above conditions on THEGIOIHANGNHAT to provide a certificate of business eligibility for that Product. (In case the law requires a certificate of business eligibility).
(iii) Requesting Customers to provide accurate, truthful and updated information when performing transactions on THEGIOIHANGNHAT;
(iv) Having the right to refuse, suspend or terminate the Customer’s membership status immediately and the right to access / use the Customer’s trading account on THEGIOIHANGNHAT (hereinafter “TheGIOIHANGNHAT Account”) at any time if 365 TRADING determines that the continuation of the Client’s transaction is likely to cause damage to THEGIOIHANGNHAT and / or other Traders on THEGIOIHANGNHAT without the consent of the Customer. However, 365 TRADING will notify Customer in advance of this suspension or termination.
(v) Keeping copyright to the form and content on THEGIOIHANGNHAT under copyright law. For further clarification, intellectual property and property rights to THEGIOIHANGNHAT include but are not limited to THEGIOIHANGNHAT’s interface, designs, presentations (layout), and 365 TRADING. The use of the interface, design, presentation (layout) of THEGIOIHANGNHAT images and information must be agreed in advance by 365 TRADING.
7.2 Responsibilities of 365 TRADING
(i) Registering THEGIOIHANGNHAT with competent state agencies;
(ii) Developing operational regulations, regulations, instructions for Traders and Customers when trading on THEGIOIHANGNHAT;
(iii) Issuing inspection and supervision mechanism to ensure the supply of information of sellers on THEGIOIHANGNHAT is done accurately and completely;
(iv) Requesting traders, organizations and individuals who are selling on THEGIOIHANGNHAT to provide information in accordance with Section 9.2 of this Regulation;
(v) Preventing and removing from THEGIOIHANGNHAT information on the sale of goods and services on the list of goods and banned services under the law of Vietnam.
(vi) Removing from THEGIOIHANGNHAT information on the sale of counterfeit, smuggled, infringing intellectual property rights and other illegal goods and services when discovered or received a valid basis for this information;
(vii) Keeping registered information of Traders and Customers and updating relevant changes and additional information;
(viii) Supporting Customers to resolve disputes arising with Merchants after receiving a notice from the Customer in accordance with THEGIOIHANGNHAT;
(ix) In any case, 365 TRADING is not responsible for damages or losses of the Client / Trader arising during the transaction on THEGIOIHANGNHAT, unless the losses are due to the fault 365 TRADING.
In case the Customer is damaged due to intentional error of 365 TRADING, 365 TRADING’s responsibility to the Customer is limited to the value of the product purchased by the Customer on THEGIOIHANGNHAT.
- RIGHTS AND RESPONSIBILITIES OF CUSTOMERS
8.1. Customer’s rights
(i) Free registration of THEGIOIHANGNHAT Account with username and password to conduct transactions on THEGIOIHANGNHAT;
(ii) Be free to purchase Products on THEGIOIHANGNHAT in accordance with this Regulation;
(iii) Have the right to appeal Traders to any issues arising in relation to the purchase of Trader’s Products on THEGIOIHANGNHAT;
(iv) Having the right to request a competent authority to protect in case the dispute with Trader is not satisfactorily resolved;
(v) Other rights in accordance with the Agreement and laws.
8.2. Customer’s responsibility
(i) Be responsible for the confidentiality and retention of the registered name and password of his e-mail box and promptly notify 365 TRADING of acts of unauthorized use, abuse and security breaches with your registered name and password;
(ii) When making a transaction on THEGIOIHANGNHAT, Customer will have to provide some specific information as required at any time. Customer is responsible for ensuring that the information provided by the Customer to THEGIOIHANGNHAT is accurate, up-to-date and complete;
(iii) When creating THEGIOIHANGNHAT Account, Customer is responsible for protecting his username and password and supervising the information relating to THEGIOIHANGNHAT Account. Customer will be responsible for Customer’s THEGIOIHANGNHAT Account being used by anyone accessing the customer’s THEGIOIHANGNHAT Account;
(iv) Customer has to compensate for any damages suffered by 365 TRADING and / or Merchants due to Customer’s breach of this Regulation;
(v) Immediately notify the 365 TRADING under the hotline provided in Article 10.4 of this Regulation when there are complaints about Products and / or Traders on THEGIOIHANGNHAT;
(vi) Complying with the provisions of this Regulation and Trading Terms and Conditions;
(vii) Other obligations in accordance with the Contract and the law.
- RIGHTS AND RESPONSIBILITIES OF TRADERS
9.1. Trader’s Rights
(i) Introducing, promoting Traders and Merchant’s Products on THEGIOIHANGNHAT in accordance with this Regulation;
(ii) Selling Products on THEGIOIHANGNHAT in accordance with this Regulation and the Contract;
(iii) Other rights in accordance with the Contract and the law.
9.2. Merchant’s responsibility
(i) Providing complete and accurate information such as (i) the name and address of the Trader’s office or the name and permanent address of the individual; (ii) the number, date of issue and place of the Trader’s business registration certificate or personal tax identification number; (iii) phone number or another online contact method for Traders;
(ii) Provide sufficient information about goods and services when selling goods or providing services on THEGIOIHANGNHAT;
(iii) Providing a certificate of business eligibility for Products on the list of conditional business goods and services on THEGIOIHANGNHAT (in case the law requires a certificate of eligibility) business);
(iv) Ensuring the accuracy and truthfulness of information on goods and services provided on THEGIOIHANGNHAT;
(v) Providing information about their business situation at the request of competent state agencies to serve e-commerce statistics activities;
(vi) Complying with the provisions of the law on payment, advertising, promotion, protection of intellectual property rights, consumer protection and other relevant laws when selling goods or provide services on THEGIOIHANGNHAT;
(vii) Fully complying with tax obligations in accordance with law;
(viii) Resolving all Customer’s complaints and disputes with Traders’ purchases on THEGIOIHANGNHAT as stipulated in the contract signed with 365 TRADING and THEGIOIHANGNHAT’s regulations;
(ix) Be solely responsible for the content and images of business information and other information posted on THEGIOIHANGNHAT;
(x) Ensure compliance with the provisions of the signed contract between Trader and 365 TRADING;
(xi) It is the responsibility of the Trader and / or any employee, manager of Trader not to abuse the promotions that 365 TRADING or Thuong Nhan is carrying out to redeem the goods. goods / vouchers for services (Voucher or GCN) that Traders are providing in that promotion on THEGIOIHANGNHAT. Where 365 TRADING discovers that Traders violate this provision, 365 TRADING has the right:
– Requesting Traders to immediately stop violations; and / or
– Do not confirm, reject or cancel orders arising from the above violations; and / or
– Deducting all expenses incurred by 365 TRADING (if any) to implement a promotion program on payable amounts to Merchants under contracts signed between Trader and 365 TRADING;
(xii) To compensate for any damage suffered by 365 TRADING and / or the Customer due to Traders violating THEGIOIHANGNHAT’s regulations and / or contracts signed with 365 TRADING.
- APPLICATION TERMS AND COMMITMENTS
10.1. This Regulation takes effect immediately upon posting on THEGIOIHANGNHAT. 365 TRADING reserves the right to amend this Regulation by publicly announcing on THEGIOIHANGNHAT. The amended Regulation takes effect after 05 (five) days from the notice of amendment of the Regulation posted on THEGIOIHANGNHAT.
In case the content specified in the Regulation, Contract, Terms and Conditions of Trading is different, the following priority order shall be applied: (i) Regulation; (ii) Contract; and (iii) Terms and Conditions of Trading.10.2. 365 TRADING, Traders and Customers are committed to comply with this Regulation.
10.3. 365 TRADING’s official contact address is:
Address: 13 Nguyen Quang Bich P13 Tan Binh HCMC
Phone: +84 28 3849 7999
PBX: 0908 330 330