TERMS OF USE

OWNER: PRODUCTION TRADING SERVICE COMPANY LIMITED 43

Address: 43 Tran Tan Moi Street, Hoa Thuan Tay, Hai Chau District, Da Nang Province

Phone number: 0799343943

Business code: 0401983565

1. OWNERSHIP OF WEBSITE AND ACCEPTANCE OF THESE TERMS OF USE

1.1 The following terms and conditions of use (hereinafter “Terms of Use”) apply to the website “43factory.coffee” provided by 43 SERVICES TRADING PRODUCTION LIMITED LIABILITY COMPANY. The Site is the property of 43 SERVICES TRADING PRODUCTION LIMITED LIABILITY COMPANY. For the purposes of these Terms of Use, user shall mean any person accessing and/or using the Site (hereinafter, the “User”).

BY USING THE SITE, USERS ACCEPT THESE TERMS OF USE; IF A USER DOES NOT AGREE TO THESE TERMS OF USE, THAT USER MUST NOT USE THE SITE.

1.2 43 FACTORY COFFEE ROASTER reserves the right to change and to modify these Terms of Use at any time, in its sole discretion. Therefore, Users are advised to read these Terms of Use on a regular basis in order to check for changes. The use of the Site following the posting of any changes will imply acceptance of these changes by Users. Subject to compliance to these Terms of Use, 43 FACTORY COFFEE ROASTER grants to any User a personal, non-exclusive, non-transferable and limited right to access and use the Site.

2. CONTENT

2.1 Any text, artwork, interface, image, trademark, logo, sound, music, picture, computer code and/or other material (collectively, the “Content”) on the Site, including but not limited to the design, structure, selection, coordination, display, appearance and/or arrangement of such Content, is owned, or controlled or licensed by 43 FACTORY COFFEE ROASTER and is protected by any relevant law currently in force.

2.2 Except as expressly provided in these Terms of Use, Users may not copy, reproduce, publish, republish, upload, publicly display, encode, translate, transmit and/or distribute any part of the Site and/or of the Content to any computer, server, website and/or other medium for publication, distribution or for any commercial purpose, without the prior written consent of 43 FACTORY COFFEE ROASTER.

2.3 Users are entitled to use the information on the products and services of 43 FACTORY COFFEE ROASTER (such as product data sheets, configuration files, similar material, etc.) purposely made available by 43 FACTORY COFFEE ROASTER for downloading from the Site, provided that: (i) Do not remove any proprietary notice language on copies of such documents; (ii) Use such information only for personal and non-commercial purposes, and do not copy and/or post any such information on networked computers and/or broadcast it in any media; (iii) Do not make any modification to any such information.

3. USE OF THE SITE

3.1 When entering our web site, user must ensure full 18 years of age, or access under the supervision of a parent or legal guardian. Customers ensure to have full civil acts to carry out goods purchase and sale transactions in accordance with current provisions of Vietnamese law.

3.2 Users may not use any kind of technique and/or device, programme, method or algorithm, or any similar or equivalent manual process, in order to access, acquire, copy and/or monitor any portion of the Site and/or of the Content. Users are also prohibited from reproducing and/or circumventing the navigation structure and/or presentation of the Site and/or of any Content to obtain or attempt to obtain any materials, documents and/or information through any means not purposely made available through the Site. 43 FACTORY COFFEE ROASTER reserves the right to bar any such activity.

3.3 User accepts and undertakes to refrain from gaining and/or attempting to gain unauthorized access to any portion or feature of the Site, or to any other system or network connected to the Site or to any 43 FACTORY COFFEE ROASTER server, or to any of the services offered on or through the Site, by hacking, password interception or any other illegitimate means.

3.4 User may not probe, scan and/or test the vulnerability of the Site or of any network connected to it, nor breach its security or authentication measures. Also, User may not reverse look-up, trace or seek to trace the origin of any information on any other User or visitor to the Site, or any other 43 FACTORY COFFEE ROASTER customer. Furthermore, User may not exploit the Site or any service and information made available or offered through the Site for the purpose to reveal any information pertaining to third parties, including but not limited to personal identification information.

3.5 User agrees and undertakes not to take any action that imposes a disproportionate and/or excessive load on the infrastructure of the Site or on 43 FACTORY COFFEE ROASTER systems and networks or on any systems or networks connected to the Site or to 43 FACTORY COFFEE ROASTER.

3.6 User agrees and undertakes not to use any device, software and/or process to interfere, or attempt to interfere, with the proper working of the Site or of any transaction being conducted on same as well as with the use of the Site by third parties.

3.7 User agrees and undertakes not to use the Site or any Content for any purpose that is unlawful or, in any case, prohibited by the law and/or by these Terms of Use, and User also agrees and undertakes not to solicit the performance of any illegal activity or other activity which infringes the rights of 43 FACTORY COFFEE ROASTER or of third parties.

4. PURCHASES; OTHER TERMS AND CONDITIONS

4.1 The description of products and presentation of goods on the 43 FACTORY COFFEE ROASTER website in the course of sales campaigns does not constitute a legally binding offer, but merely an invitation to private customers to order goods or services. There is no legal claim to the availability and deliverability of the products advertised.

4.2 43 FACTORY COFFEE ROASTER reserves the right in due course to make orders under sales campaigns subject to fulfillment of certain individual conditions.

4.3 By forwarding your online order, you are making 43 FACTORY COFFEE ROASTER an offer to conclude a legally binding contract. Immediately on receipt of your order, you will receive an automated e-mail in which the receipt of your offer will be confirmed, thus concluding the contract.

4.4 All goods remain the property of 43 FACTORY COFFEE ROASTER until full payment of the purchase price has been received and all claims resulting from the sale have been settled. You will not be entitled to dispose of the goods before transfer of ownership. If third parties should institute claims for the goods, you are obliged to inform 43 FACTORY COFFEE ROASTER immediately. If, before concluding the contract, 43 FACTORY COFFEE ROASTER finds that the ordered product is not available, we will immediately inform you about this and reimburse any payments already received. If, after concluding a contract, 43 FACTORY COFFEE ROASTER should find that the product ordered is not available as a result of late or incorrect delivery (including delivery shortfalls) by our suppliers (where 43 FACTORY COFFEE ROASTER is not responsible), unexpectedly and despite the fact that we have concluded a contract for delivery of the goods in question with the supplier, we reserve the right to withdraw from the contract. In this case 43 FACTORY COFFEE ROASTER will immediately inform you about the non-availability of the product you have ordered and immediately reimburse any payments already received from you.

4.5 43 FACTORY COFFEE ROASTER is entitled to reject any offers made by you without citing reasons. 43 FACTORY COFFEE ROASTER particularly reserves the right to reject an offer where: the delivery address is outside Vietnam.

4.6 43 FACTORY COFFEE ROASTER does not exclude that additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions and other similar initiatives. By this reference, User agrees that these terms are included in the Terms of Use. User agrees and undertakes to comply with such additional terms and conditions. If there is a conflict between these Terms of Use and the terms and conditions applicable to a specific portion of the Site, or for any service offered on or through the Site, the terms and conditions applicable thereto will prevail for the use of that portion of the Site or of that specific service.

4.7 43 FACTORY COFFEE ROASTER obligations, if any, with regards to its services and products are governed solely by the agreements pursuant to which such services and products are provided; therefore, nothing on this Site may be construed to alter such agreements.

4.8 43 FACTORY COFFEE ROASTER reserves the right to make changes to any service and/or product offered on the Site, without notice and at any time. The materials on the Site with respect to products or services may be out of date. 43 FACTORY COFFEE ROASTER makes no commitment to correct and/or to update such materials and accepts no responsibility on the matter.

4.9. 43 FACTORY COFFEE ROASTER accept payment via: credit card, local ATM card, internet banking, QR-pay, electronic wallet – services of The pioneer and online payment gateway Nganluong.vn

5. ACCOUNT, PASSWORD AND SECURITY

5.1 3.1 Registration with 43 FACTORY COFFEE ROASTER is free of charge. By registering user become a member. However, registration and membership do not give rise to any costs or obligation to purchase on user’s part. There is no legal entitlement to the conclusion of a contract as a result of registering or becoming a member.

5.2 The data requested during the registration process and during the life of the membership must be provided fully and correctly, including in particular a fully functional e-mail address, as a precondition for membership. Where the data provided to 43 FACTORY COFFEE ROASTER change, the member is obliged to update account with immediate effect.

5.3 Members are obliged to keep their password confidential and to prevent any unauthorised access to their member account. Members are obliged to inform 43 FACTORY COFFEE ROASTER with immediate effect if there is any indication that a member account has been or might be abused by a third party.

5.4 43 FACTORY COFFEE ROASTER will delete member accounts that have been inactive for a period of 6 months or whose holders can no longer be reached at the e-mail address stated.

5.5 Members can cancel their membership of 43 FACTORY COFFEE ROASTER with immediate effect at any time free of charge. A cancellation may take the form of an e-mail sent to services@43factory.coffee.

5.6 43 FACTORY COFFEE ROASTER can duly cancel any member’s membership at any time, subject to a notice period of 14 days.

5.7 43 FACTORY COFFEE ROASTER may block, restrict or terminate a member’s membership without adherence to this notice period if there is reason to believe that the member has violated legal regulations, the rights of third parties, these GTCs or the shop regulations. When choosing a measure, 43 FACTORY COFFEE ROASTER takes into account the legitimate interests of the member concerned, especially whether there are any indications that the member is not responsible for the violation.

5.8 User may not use anyone else’s 43 FACTORY COFFEE ROASTER ID, password or account without the express written permission and consent of the rightful identity owner. 43 FACTORY COFFEE ROASTER will not be liable for any loss or damage arising from the failure to comply with these obligations on the part of User.

6. PRIVACY

6.1 43 FACTORY COFFEE ROASTER Privacy Policy applies to the Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by accessing and using the Site, User acknowledges and agrees that internet transmissions are never completely secure and/or private. Therefore, User understands and accepts that any data and/or message sent to the Site may be read or intercepted by third parties, even if there is a special notice that a particular transmission is encrypted.

7. Links to the 43 FACTORY COFFEE ROASTER Site and to other websites

7.1 The Site may contain links to independent third-party websites (hereinafter the “Linked Sites”). Such Linked Sites are provided solely as a convenience to visitors. Such Linked Sites are not under the control of 43 FACTORY COFFEE ROASTER and 43 FACTORY COFFEE ROASTER is not responsible for and does not endorse their contents, including any materials and information contained in them. Therefore Users will need to make their own independent judgement regarding their interactions with any Linked Site.

8. DISCLAIMERS

8.1 43 FACTORY COFFEE ROASTER does not warrant that the Site or any Content, service or feature will be error free. 43 FACTORY COFFEE ROASTER additionally does not warrant that the Site or any Contents will be available uninterruptedly, or that any defects will be corrected, or that the use of the Site by Users will provide specific results. All information provided on the Site is subject to change without notice. 43 FACTORY COFFEE ROASTER does not warrant that any files or other data downloaded from the Site are free from viruses or contaminations or destructive features. 43 FACTORY COFFEE ROASTER disclaims any express and/or implied warranty, including but not limited to any warranty of accuracy, non-infringement, merchantability and fitness for a particular purpose. 43 FACTORY COFFEE ROASTER disclaims any and all liability for the acts, omissions and conduct of any third party in connection with and/or related to the use of the Site and/or of any 43 FACTORY COFFEE ROASTER service by Users. User assumes total responsibility for User’s use of Site and any Linked Sites. In the event User is not satisfied with the Site and/or any Content, the only remedy will be to stop using the Site or the Content.

8.2 The above disclaimer applies to any damage, liability or injury caused by malfunction, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction or unauthorized access, alteration or use, negligence or any other cause of action.

8.3 43 FACTORY COFFEE ROASTER reserves the right to do any of the following, at any time, without notice: (i) to suspend, modify or terminate operation of or access to the Site, or any portion of the Site, for any reason; (ii) to modify or change the Site, or any portion thereof, and any applicable regulation or condition applicable to the Site; (iii) to interrupt the operation of the Site, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction or other changes.

9. LIMITATION OF LIABILITY

9.1 Except where prohibited by law, in no event 43 FACTORY COFFEE ROASTER will be liable for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if 43 FACTORY COFFEE ROASTER has been advised of the possibility of such damages.

10. INDEMNITY

10.1 User agrees and undertakes to indemnify and hold harmless 43 FACTORY COFFEE ROASTER, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates from any demand, loss, liability, claim or expense (including attorney’s fees), arising in any way out of the use of the Site by User.

11. VIOLATION OF THE TERMS OF USE

11.1 43 FACTORY COFFEE ROASTER reserves the right to disclose any information regarding Users (including their identity) if such disclosure is necessary in connection with any investigation or complaint regarding the use of the Site by a User, or to identify, contact or bring legal actions against persons who may harm or interfere with the rights of 43 FACTORY COFFEE ROASTER or of visitors to or users of the Site, including 43 FACTORY COFFEE ROASTER customers. 43 FACTORY COFFEE ROASTER reserves the right to disclose at any time any information which may be required to comply with any applicable law, regulation, legal process or governmental request. 43 FACTORY COFFEE ROASTER reserves also the right to disclose Users’ information in the event applicable laws currently in force require or permits such disclosure, including the exchange of information with other companies and organizations for fraud protection purposes.

11.2 43 FACTORY COFFEE ROASTER reserves the right to preserve any transmission or communication between 43 FACTORY COFFEE ROASTER and Users through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by currently applicable provisions of law or in the event such preservation or disclosure is reasonably necessary in order to (i) comply with legal process; (ii) enforce these Terms of Use; (iii) respond to claims by third parties of alleged violations of their rights; (iv) protect the rights or safety of 43 FACTORY COFFEE ROASTER, its employees, customers, users of or visitors to the Site and the public.

11.3 In the event of breach of these Terms of Use and of other agreements or guidelines which may be associated with the use of the Site, 43 FACTORY COFFEE ROASTER reserves the right to deny access to the Site and/or to block any future access to the Site in its sole discretion and without prior notice. These remedies are additional with respect to any other remedy available to 43 FACTORY COFFEE ROASTER pursuant to law or to other applicable regulatory measures.

11.4 43 FACTORY COFFEE ROASTER reserves the right, in its sole discretion, to deny access to the Site, without prior notice, in the following instances but not limited to them: (i) at the request of law enforcement or other government agencies; (ii) at the request of User (self-initiated account deletion); (iii) discontinuance or material modification of the Site or of any service offered on or through the Site; (iv) unexpected technical issues or problems.

11.5 43 FACTORY COFFEE ROASTER will not be liable to Users or to any third party for any consequence resulting from termination of access to and/or use of the Site following any violation of these Terms of Use.

12. GOVERNING LAW, JURISDICTION

12.1 All matters related and/or connected, also indirectly, to the access to and/or use of the Site, including any dispute, will be governed exclusively by the laws of Socialist Republic of Vietnam, with express exclusion of the application of any conflicts of laws provision. In addition, Users agree to: (i) the exclusive jurisdiction of the courts of Socialist Republic of Vietnam, with express exclusion of any other jurisdiction; (ii) the exclusive jurisdiction of The People’s Court of Danang City. Any claim under these Terms of Use must be brought within three (3) months after the cause of action arises, or such claim will be barred.

13. RESTRICTIONS

13.1 43 FACTORY COFFEE ROASTER administers and operates the Site from its location in the official company headquarters in Vietnam. 43 FACTORY COFFEE ROASTER reserves the right to restrict, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited by applicable provisions of law. Access to the Site from outside the territory of Socialist Republic of Vietnam is made on the initiative of Users who are solely responsible for complying with applicable local laws.

14. MISCELLANEOUS PROVISIONS

14.1 User may not use, export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any law or regulation currently applicable.

14.2 In the event one or more of the provisions of these Terms of Use are held by a court of competent jurisdiction to be void or unenforceable, such provisions will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that they will remain in full force and effect. 43 FACTORY COFFEE ROASTER does not and will not accept any counter-offer to these Terms of Use. 4These Terms of Use do not confer any rights on any third parties.

14.3 The information contained in this website is subject to change without notice. All rights reserved and register with the Ministry of Industry and Trade. 43 SERVICES TRADING PRODUCTION LIMITED LIABILITY COMPANY., Tax Identification Number: 0401983565

15. FEEDBACK AND INFORMATION

15.1 Any feedback posted on the Site will be deemed to be non-confidential. 43 FACTORY COFFEE ROASTER will be free to use such information on an unrestricted basis at its sole discretion.

Update: 16/06/2020