1. Ownership of Information. The customer agrees that VietnamCredit has sole ownership, copyright and all other rights in the credit report and all information contained and that VietnamCredit has the exclusive right and control over the use and disposition of the Information.
2. User of Information. The Information furnished by VietnamCredit to the Customer is for the Customer's sole and internal use at its address specified in this Agreement. The Customer warrants that it is requesting the Information for its own use. VietnamCredit will not provide Information on individuals, and Information will not be used by the Customer for other than business credit purpose.
3. Confidentiality. The Customer shall keep the Information confidential and will not duplicate, resel, lend, copy, delivery or transmit the information in whole or in part, without the prior written consent of VietnamCredit.
4. Acknowledgements. The Customer acknowledges that the Information represents a compilation of information from a variety of sources, and that neither VietnamCredit Co., Ltd. nor any of its director, officers, employees, shareholders or other person controlling, controlled by or under common control with VietnamCredit is responsible for any inaccuracies in data obtained from third parties.
5. VietnamCredit’s fees and expenses are payable within 30 days of the date of invoice and are subject to VAT where appropriate. Any bank charges incurred by VietnamCredit in connection with Customer’s payment of the fees will be for your account. VietnamCredit is entitled to charge interest on outstanding accounts at 4% per annum above its banker's current base rate from date of invoice to the date payment is made. We may agree specific of fee and mode of payment
6. The Customer acknowledges that VietnamCredit does not and cannot make, for the fee charged here under, any guarantee or warranty of any kind, including but not limited to the accuracy, completeness, merchantability or fitness for a particular purpose of the Information, and that VietnamCredit is not responsible for any injury or loss suffered by the Customer or any third party arising out of or caused in whole or in part by the acts or omissions of VietnamCredit in procuring, compiling, collecting, interpreting, reporting, communicating or delivering the Information, even if advised in advance of the possibility of such injury or loss.
7. The Customer acknowledges that there is some risk involved in accepting and using the Information, and that credit insurance may be available in the event it is unwilling to accept such risk, but that in no event will VietnamCredit be liable for cost of procurement of substitute products, services, or information, lost profits, or any special, incidental, consequential or indirect damages arising in any way out of the Customer's use of the Information, however caused and upon whatsoever theory of liability based, even if advised of the possibility of such damages, and notwithstanding the failure of the essential purpose of any limited remedy provided herein.
8. Limitation on liability. if, notwithstanding the foregoing, liability can be imposed, then the customer agrees that VietnamCredit will not in any event be liable to customer or any third party for damages.
9. Effectiveness and Termination. This Agreement will be effective and the Customer's order of the Credit Report deemed accepted by VietnamCredit only when countersigned by VietnamCredit provided, however, that in lieu of countersignature of VietnamCredit may accept the Customer's order and make this agreement effective by providing the Credit Report to the Customer in the manner as designated above. VietnamCredit may terminate this Agreement at any time prior to providing the Information to the Customer by giving the Customer a notice of that effect. In such an event Customer will be entitled only to a refund of any fees prepaid to VietnamCredit under this Agreement and will not be entitled to any claim for compensation for damage arising from such termination.
10. Governing law and Jurisdiction. This Agreement shall be governed by and interpreted in accordance with the laws of Vietnam. Any legal action or proceeding with respect to this Agreement or any matters arising out of or in connection with this Agreement or otherwise, and any action for enforcement of any judgment in respect thereof shall be brought exclusively in the courts of the State of Vietnam, and VietnamCredit and the Customer each hereby accepts for itself and in respect of its property, generally and unconditionally, the exclusive jurisdiction of the aforesaid courts and appellate courts thereof.
11. VietnamCredit. and the Customer each hereby irrevocably waives any objection which it may now or hereafter have to the laying of venue of any of the aforesaid actions or proceedings arising out of or in connection with this Agreement or otherwise brought in the courts referred to above and hereby further irrevocably waives and agrees, to the extent permitted by applicable law, not to plead or claim in any such court has bean brought in an inconvenient forum.
12. Miscellaneous. This Agreement constitute the entire Agreement of Customer and VietnamCredit with respect to its subject matter, and supersedes any prior agreements, oral or in writing, with respect thereto. If any provision of this Agreement is found invalid or unenforceable, the validity of the remaining provisions will not be affected. Any waivers or amendments of this Agreement or any of its provisions must be in writing. |