VIETNAM TOUR DEALS TERMS OF SALE
1. General Information
1.1 These Terms of Sale apply to every Voucher you purchase from Vietnam Tour Deals.
1.2 Vietnam Tour Deals means Go Vietnam Travel and Trading Company Limited (Company Number 0107940380).
1.3 Voucher means an instrument, in either physical or electronic form, which entitles the holder of such Voucher (the “Voucher Holder”) to receive the Merchant Offering from the Merchant during the period of time stated on the Voucher (the “Redemption Period”).
1.4 The Merchant Offering shall mean the goods and/or services to be supplied and/or provided by the Merchant to the Voucher Holder, as specified on Groupon’s Site and on the Voucher.
1.5 The Merchant is a third party unrelated toVietnam Tour Deals that sells, supplies and/or provides the Merchant Offering.Vietnam Tour Deals does not sell, supply and/or provide the Merchant Offering. It only sells and supplies the Voucher.
1.6 Vietnam Tour Deals reserves the right to unilaterally amend these Terms of Sale at any time. All amendments to these Terms of Sale will be posted on-line. You will be bound only to the version of the Terms of Sale you agreed to at the time you purchase a Voucher.
1.7 These Terms of Sale were last updated on 1st August 2017.
2. Purchase of a Voucher
2.1 You must be at least 18 years old to purchase a Voucher.
2.2 By clicking on the “Add to Cart” button you submit an offer to Vietnam Tour Deals to buy the Voucher. However, the purchase of the Voucher is not complete until you receive an email from Vietnam Tour Deals confirming acceptance of your offer. Vietnam Tour Deals expressly reserves the right to reject your offer. In addition, even if Vietnam Tour Deals has accepted your offer, it can cancel the contract at any time if it reasonably suspects that you have committed or that you may be committing any fraud against Vietnam Tour Deals, an affiliated third party of Vietnam Tour Deals or the Merchant.
2.3 The Merchant may have its own terms and conditions applicable to the sale, supply and/or provision of the Merchant Offering
3. Redemption of a Voucher
3.1 Unless expressly stated otherwise:
(a) the Voucher can only be redeemed once;
(b) the Voucher can only be redeemed with the Merchant and not with Vietnam Tour Deals;
(c) the Voucher is valid for one person only; and
(d) you must follow the redemption instructions associated with the Voucher when you redeem the Voucher with the Merchant
3.2 All Vouchers sold by Vietnam Tour Deals are single-purpose Vouchers which can only be redeemed with the Merchant.
3.3 In order to redeem a Voucher you must present it to the Merchant within the Redemption Period. If you do not redeem the Voucher within the Redemption Period, the Voucher expires automatically. It cannot be redeemed anymore.
3.4 In the event that a Merchant Offering on the Vietnam Tour Deals Site is a “Checkout” deal, Groupon will collect your shipping details at the time of purchase. Vietnam Tour Deals will then pass these details to the Merchant on your behalf. The Merchant will then process the redemption of your Voucher and dispatch the Merchant Offering to you.
3.5 Unless expressly stated otherwise, the Voucher does not entitle the Voucher Holder to receive the Merchant Offering at a specific time. You are strongly recommended to contact the Merchant at an early stage. Doing so will give you the best chance of securing your preferred time for the supply and/or provision of the Merchant Offering. Groupon cannot influence the supply and/or provision of the Merchant Offering.
3.6 If you do decide to redeem the Voucher for goods and/or services other than the Merchant Offering, you will not be entitled to a credit, cash refund or new Voucher for the difference between the value of the Merchant Offering and the actual value of the goods and/or services supplied and/or provided by the Merchant to you.
3.7 Vouchers are redeemable in their entirety only. They may not be redeemed partially or incrementally. If, for whatever reason, you redeem the Voucher with a Merchant for less than the original (un-discounted) value of the Merchant Offering, you are not entitled to a credit, cash refund or new Voucher for the difference between the original (un-discounted) value and the redeemed value.
3.8 On behalf of the Merchant, Vietnam Tour Deals may collect booking fees or other costs associated with the purchase and/or redemption of a Voucher. All such fees or costs (if any) will be communicated to you before you purchase the Voucher.
3.9 In the event that a Merchant cannot supply and/or provide the Merchant Offering as described for unforeseen reasons, Vietnam Tour Deals will notify you as soon as possible by email. Vietnam Tour Deals will offer you either a new voucher with comparable benefits (if available) or the repayment of the purchase price of the Voucher or by issuing Vietnam Tour Deals credit.
4. Use of a Voucher
4.1 Any purchase of a Voucher is for your non-commercial, personal use only (although you may give the Voucher to someone else for their non-commercial, personal use). The commercial trade of a Voucher is prohibited. The reproduction of a Voucher is prohibited.
4.2 Your Voucher is solely your responsibility. Neither Vietnam Tour Deals nor the Merchant are responsible for lost or stolen Vouchers or for retrieving Voucher reference numbers or Voucher security codes.
4.3 You promise not to provide false data including false names, addresses and/or contact or payment details; or engage in any unlawful activity in connection with the purchase or use of a Voucher, or allow anyone else to do so.
4.4 Any attempt to redeem a Voucher contrary to these Terms of Sale may render a Voucher void at Vietnam Tour Deals’s discretion.
4.5 The reproduction of a Voucher is prohibited.
4.6 The commercial trade of a Voucher is prohibited
5. Cancellation (and exceptions), Refunds and Problems
5.1 Unless otherwise stated in the specific fine print of the deal, you have the right to cancel your purchase of the Voucher within 7 business days (Monday to Friday excluding public holidays in Auckland) after the day you receive the confirmation email (the “Voucher Cancellation Groupon Terms of Sale Period”). However, if you redeem your Voucher during the Voucher Cancellation Period, you expressly request the services to begin being provided to you, and you acknowledge that you lose your right to cancel the purchase of the Voucher. Since Groupon is not responsible for the supply or provision of the Merchant Offering, once your Voucher is redeemed you are not entitled to a refund (in whole or in part) from Groupon. Please note that, for the avoidance of doubt, this section also applies to all “Direct Checkout” deals.
5.2 If you want to cancel your purchase of a Voucher you can do so in any of the following ways:
5.2.1 by contact us on email email@example.com; or
5.2.2 by calling the customer service team at +84 1299392333
5.3 If you cancel your purchase of the Voucher in accordance with this section 5., Groupon will refund you for all payments made as part of your purchase within 20 calendar days from the day on which you informed Vietnam Tour Deals about your cancellation.
5.4 If you redeem your Voucher, but the Merchant has not properly provided you with the Merchant Offering, or if you have a complaint regarding the provision of the Merchant Offering, you must take action against the Merchant directly. This is because the Merchant, and not Vietnam Tour Deals, is responsible for the supply and/or provision of the Merchant Offering Groupon only sells and supplies the Voucher. However, if you and the Merchant cannot agree on how to resolve the complaint, Vietnam Tour Deals may, upon your request, try to help resolve the issue between you and the Merchant
5.5 Unless you expressly inform Vietnam Tour Deals in advance not to, any refund in cash will be refunded to you via your original method of payment. If your original method of payment has been cancelled, expired or has otherwise changed, you must inform the customer support team immediately on firstname.lastname@example.org . If you fail to do this and you are refunded to your original method of payment, you may need to coordinate with your bank or your payment services provider to obtain your refund. Vietnam Tour Deals will not provide more than one refund.
5.6 You have 30 days from the date you receive the refund to reject it. If you do not reject the refund during these 30 days, the refund shall be in full and final settlement of any and all claims you may have against Vietnam Tour Deals related to, arising out of, or connected to that Voucher.
6. Responsibility for the Merchant Offering
6.1 Please note that the Merchant, and not Vietnam Tour Deals, is:
6.1.1 the seller, supplier and/or provider of the Merchant Offering;
6.1.2 the party who enters into a contract with the Voucher Holder when the Voucher is redeemed; and
6.1.3 solely responsible for providing the Voucher Holder with the Merchant Offering and for the Merchant Offering itself
6.2 Under no circumstances is Vietnam Tour Deals acting as the agent of the Merchant.
7. Vietnam Tour Deals’s Standards of Services and Liability
7.1 Vietnam Tour Deals promises that:
7.1.1 it will exercise reasonable care and skill in performing its obligations under these Terms of Sale;
7.1.2 the Vouchers are of satisfactory quality and fit for their purpose; and
7.1.3 it shall not contravene the requirements of fairness or professional diligence in what it does.
7.2 Vietnam Tour Deals is always liable for: (a) death and personal injury caused by Vietnam Tour Deals’s negligence/gross negligence; (b) fraud or fraudulent misrepresentation made by itself; or (c) any implied contractual terms that cannot be excluded or limited under applicable law.
7.3 Other than as set out in section 7.2 above, Vietnam Tour Deals is not liable for any other losses or damages you may suffer, including any indirect or consequential losses.
7.4 Vietnam Tour Deals does not promise the completeness, fitness for purpose or legality of the Merchant Offering. Vietnam Tour Deals is not liable for the quality, safety, usability or any other aspect of the Merchant Offering.
7.5 Vietnam Tour Deals is not liable for any breach of an obligation under these Terms of Sale where it is hindered or prevented from carrying out its obligations by any cause outside of its reasonable control.
7.6 Other than the liability arising under section 7.2, which is unlimited, Vietnam Tour Deals’s total liability to you will in no circumstances exceed the amount of the purchase price of the Voucher.
7.7 In certain countries applicable law does not allow some or all of the exclusions and/or limitations set out in this section 7. If these laws apply to you, some or all of the above exclusions and/or limitations may not apply to you and you may have additional rights.
8. Vietnam Tour Deals’s Site
9.1 If you breach these Terms of Sale and Vietnam Tour Deals takes no action against you this does not mean that Vietnam Tour Deals has waived its rights and remedies with regard to your breach. Vietnam Tour Deals may still take action or exercise its rights and remedies for that action, or any other situation, where you breach your obligations under these Terms of Sale.
9.2 Unless otherwise stated within these Terms of Sale, notices to be given to either party shall be in writing and shall be delivered by electronic mail (other than if you are sending a notice to Vietnam Tour Deals for the purpose of legal process) or by pre-paid post. Any notice Vietnam Tour Deals sends to you will be to the address you supplied to Vietnam Tour Deals when you registered for your Vietnam Tour Deals account. You can send any notice to Groupon at the registered office address as set out in section 1.2.
9.3 If any provision of these Terms of Sale should be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of these Terms of Sale are not affected. Such invalid or unenforceable provision shall be replaced by a valid and enforceable provision which most closely achieves the economic effect contemplated by the invalid or unenforceable provision. Vietnam Tour Deals Terms of Sale.
9.4 These Terms of Sales are governed and interpreted by the laws of Vietnam, without regard to its conflict or choice of law principles. Exclusive venue for any dispute shall be the courts of Vietnam.
This page sets out the terms for the use of the Site offered by Go Vietnam Travel and Trading Company Limited and the Services we offer.
1.2. What we do: We provide a platform (including this Site, mobile applications, etc.) where we, our local affiliates and other sellers (collectively, “Sellers”) can list offers for Vouchers, deals, goods, getaways and other products (collectively, “Items”). As a platform provider, we help facilitate transactions for Items on our platform. We are never a buyer and usually not the Seller; we provide a venue for Sellers and you to negotiate and complete transactions. This means that in addition to this Agreement, you will have other contractual relationships with different legal entities when you interact with the Site.
1.3. What are all of the legal relationships: Whatever Item you purchase via the Site will be subject to the terms and conditions of that Seller. Since Go Vietnam Travel and Trading Company is not usually a Seller, this means that your contract of sale will most likely be with a different legal entity. The Seller is responsible for the sale and for dealing with any claims or any other issue arising out of or in connection with the contract between you and the Seller. Please also note that in respect of purchases of a Voucher, in addition to the contract of sale you will have with the Seller of the Voucher, there will also be a contract between you and the business that actually provides the Products when you redeem your Voucher with that business (the “Merchant”). In respect of any Vouchers, neither we nor any Seller assumes responsibility for any contracts regarding the redemption of your Voucher with a Merchant. Finally, please understand that we are never the Seller’s or Merchant’s agent.
1.4. What we also do: We may provide a forum to submit or post User Content, as well as send newsletters and other communications to you. In order to send emails to you, we need to know a little bit about you. Take a look at our data collection and processing practices in our Privacy Statement for details.
1.5. Scope of Use: The Site and our Services are for your non-commercial, personal use only and not for business purposes, except as separately permitted in writing. You may access the Site only through our app, standard web and mobile browsers and similar consumer applications, but not with any robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, or data mine our Site, via scraping, spidering or otherwise. As an exception, revocable at any time by us, operators of public search engines may use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.
1.6. Prevention on use: We reserve the right to prevent you from using the Site and the Services (or any part of them).
1.7. Definitions: In this Agreement, we use various defined terms. You will know they are defined because they begin with a capital letter. These are all defined within or at the end of this Agreement in section 13).
2. REGISTERING WITH US AND YOUR ACCOUNT
2.1. Why Register: Depending on the particular functionality of our Site at any time, you may or may not need to Register to use much of its functionality or to access many of our Services. However, you must Register in order to make a purchase. This is so that we can provide you with easy access to print your Voucher, view your past purchases, store any Vietnam Tour Deals credit for you and modify your preferences. We reserve the right to decline a new Registration or to cancel an Account at any time. You Register with us so you don’t have to re-enter your information every time you buy something.
2.2. How to Register: To Register you need to supply us with your name, email address, and possibly some other personal information.
2.3. Passwords: During Registration, you will also need to supply us with your password. You must keep the password confidential and immediately notify us if any unauthorised third party becomes aware of that password or if there is any unauthorised use of your email address or any breach of security known to you. You agree that we are not responsible or liable in the event that a person to whom your password is disclosed uses (and/or transacts via) our Services and Site. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.
2.4. Valid email addresses: All Accounts must be Registered with a valid personal email address that you access regularly. Any Accounts which have been Registered with someone else’s email address or with temporary email addresses may be closed without notice. We may require users to re-validate their Accounts if we believe they have been using an invalid email address.
2.5. Emails: Vietnam Tour Deals may send you administrative and promotional emails. We may also send you information regarding your Account activity and purchases, as well as updates about our Site and Services or other promotional offers. We may also send you information regarding purchases you’ve made. (You can opt-out of our promotional e-mails at any time by clicking the unsubscribe link at the bottom of any of such e-mail correspondence.)