[vc_row][vc_column width=”2/12″][/vc_column][vc_column width=”8/12″][vc_empty_space][vc_toggle title=”Introduction” style=”text_only” size=”lg” open=”true” el_id=”1464939184208-3761b6d5-e09b”]We provide services to you subject to the notices, terms, and conditions set forth in this agreement. Besides, you will obey the rules, guidelines, policies, terms, and conditions applicable to such services before you use them. We reserve the right to change this site and these terms and conditions at any time.
Before proceeding, please read this agreement because accessing, browsing, or otherwise using the Site indicates your agreement to all the terms and conditions in this agreement.[/vc_toggle][vc_empty_space][vc_toggle title=”Account Terms” size=”lg”]
- To access and use the Services, you must register for a nghienmakeup.com account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. nghienmakeup.com may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
- You acknowledge that nghienmakeup.com will use the email address you provide as the primary method for communication.
- You are responsible for keeping your password secure. nghienmakeup.com cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
- You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
- Subject to the terms and conditions of this agreement, hereby grants you a limited, revocable, non-transferable, and non-exclusive license to access and use the Site by displaying it on your Internet browser only for the purpose of shopping and not for any commercial use or use on behalf of any third party, except as explicitly permitted by nghienmakeup.com in advance. Any violation of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
[/vc_toggle][vc_empty_space][vc_toggle title=”General Conditions” size=”lg”]
- Technical support is only provided to paying Account holders and is only available via email and/or some social networking sites appears on nghienmakeup site.
- The Terms of Service shall be governed by and interpreted in accordance with the laws of the Province of Ho Chi Minh and the laws of Vietnam applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ho Chi Minh with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
- You acknowledge and agree that nghienmakeup may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on nghienmakeup’s website, available at https://nghienmakeup.com/term-conditions and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to nghienmakeup’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
- You may not use the nghienmakeup’s service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of Vietnam and the Province of Ho CHi Minh. You will comply with all applicable laws, rules and regulations in your use of the Service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Nghienmakeup.
- You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Nghienmakeup or Nghienmakeup trademarks and/or variations and misspellings thereof.
- Questions about the Terms of Service should be sent to firstname.lastname@example.org.
- You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
- The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and Nghienmakeup’s Terms of Service available in another language, the most current English version of the Terms of Service at https://nghienmakeup.com/term-conditions will prevail.
[/vc_toggle][vc_empty_space][vc_toggle title=”NghienMAKEUP Rights” size=”lg”]
- We reserve the right to modify or terminate the Service for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a store, or the Materials uploaded or posted to a store, violate our Acceptable Use Policy (“AUP”) or these Terms of Service.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any Nghienmakeup customer, Nghienmakeup artist, employee, member, or officer will result in immediate Account termination.
- Nghienmakeup does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service.
- We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Nghienmakeup employees and contractors may also be Nghienmakeup customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
- In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
- Nghienmakeup retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, Nghienmakeup reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
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- You expressly understand and agree that Nghienmakeup shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
- In no event shall Nghienmakeup or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Nghienmakeup partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference (including the AUP), or your violation of any law or the rights of a third party.
- Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
- Nghienmakeup does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
- Nghienmakeup does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
- Nghienmakeup does not warrant that the quality of any products, services, information, or other Materials purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
[/vc_toggle][vc_empty_space][vc_toggle title=” Intellectual Property and Customer Content” size=”lg”]
- We do not claim any intellectual property rights over the Materials you provide to the Nghienmakeup service. All Materials you upload remains yours. You can remove your Nghienmakeup store at any time by deleting your Account.
- By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your store; (b) to allow Nghienmakeup to store, and in the case of Materials you post publicly, display, your Materials; and (c) that Nghienmakeup can, at any time, review all the Materials submitted to its Service, although Nghienmakeup is not obligated to do so.
- You retain ownership over all Materials that you upload to a Nghienmakeup store; however, by making your store public, you agree to allow others to view Materials that you post publicly to your store. You are responsible for compliance of the Materials with any applicable laws or regulations.
- We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any Materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
- Nghienmakeup shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store to promote the Service.
[/vc_toggle][vc_empty_space][vc_toggle title=”Marketplace Seller Agreement” size=”lg”]This agreement is specific to Nghienmakeup Store Owners/sellers. Please refer to Marketplace Seller Agreement for details.[/vc_toggle][vc_empty_space][/vc_column][vc_column width=”2/12″][/vc_column][/vc_row][vc_row][vc_column][/vc_column][/vc_row]