Terms of service for prime commerce software

This Terms of Service Agreement (“Agreement”) sets forth the terms, conditions, and regulations regarding services provided by Prime Commerce Vietnam Co., Ltd. and the Customer or legal entity represented by the Customer.

To use any Prime Commerce service, the Customer must agree to all terms of this Agreement. A Customer who disagrees with any provision must immediately cease using the Services and remove all Customer programs and data from Prime Commerce’s systems.

If this Agreement conflicts with a signed and sealed Service Contract or other document between authorized representatives, the Service Contract shall prevail. Prime Commerce may amend or supplement this Agreement at any time without prior notice or consent.

TERM 1: CONTENT

1.1. Prime Commerce is the lawful owner of the services and software described on the website in accordance with current Vietnamese law and does not infringe upon the intellectual property rights of any other organization or individual.

1.2. This website and all of its content, including but not limited to texts, designs, graphics, interfaces, images, and code, are copyrighted by Prime Commerce or a third party licensed to Prime Commerce. Any content on this website, including trademarks, trade names, company or product logos, product designs, etc., is the property of Prime Commerce and is protected under the Intellectual Property Law of Vietnam and relevant statutory documents.

Any act of copying, quoting, modifying, distributing, publishing, or circulating content for commercial purposes in any form without the prior written consent of Prime Commerce constitutes an infringement of Prime Commerce’s rights. Prime Commerce reserves the right to demand the user cease such use and claim compensation for damages, if any.

TERM 2: COLLECTION, USE, AND PROTECTION OF CUSTOMER INFORMATION

2.1. Responsibilities

• When collecting consumers’ personal information, Prime Commerce shall comply with Decree No. 72/2013/ND-CP and relevant personal information protection regulations.
• Prime Commerce is responsible for securing collected and stored personal information and preventing unauthorized theft, access, use, modification, or destruction.
• Customer information on primecommerce.asia is kept strictly confidential and is collected and used only with customer consent unless otherwise prescribed by law.
• Prime Commerce shall not use, transfer, provide, or disclose personal information to a third party without the customer’s permitted consent.
• If a server attack causes loss of personal data, Prime Commerce shall notify the investigating authorities and affected customers.
• All online transaction information, including digitalized accounting invoices, is kept strictly confidential in Prime Commerce’s level-1 secure central data area.
• Customers must provide accurate legal information, including full name, contact address, email, identity number, phone number, account number, and payment card number. Prime Commerce is not responsible for complaints arising from inaccurate registration information.

2.2. Checking, updating, and adjusting personal information

• Customers may request Prime Commerce to check, update, adjust, or cancel their personal information.
• Prime Commerce shall act on such requests or provide tools for customers to manage their information. Prime Commerce bears no responsibility for the accuracy or legality of information uploaded by customers.

TERM 3: PRIME COMMERCE’S SERVICES

3.1. Subject to Vietnamese law and this Agreement, Prime Commerce grants the Customer a non-exclusive, non-transferable, and non-assignable right to use its services, systems, and infrastructure during the term of this Agreement.

3.2. Services include all services publicly announced on primecommerce.asia, as amended from time to time.

3.3. Customers must create an account, register in accordance with Prime Commerce’s instructions, and make full payment to use the Services.

TERM 4: OPERATION AND MAINTENANCE OF PRIME COMMERCE’S SERVICES

4.1. Prime Commerce strives to ensure the security and stability of its technical systems. If an incident arises from Prime Commerce’s fault, appropriate measures will be taken immediately to protect customers’ rights and interests.

4.2. Customers must follow the prescribed procedures when conducting transactions on primecommerce.asia.

4.3. Technical errors should be reported to contact@primecommerce.asia. Prime Commerce will remedy reported errors as soon as reasonably possible, but is not responsible where notices are not received or errors arise from transmission, customer software, or other causes outside its control.

TERM 5: PROHIBITED CONDUCT

5.1. Customers must not abuse the Services to:

1. Oppose the Socialist Republic of Vietnam; undermine national security, social order, or safety; sabotage national unity; propagate war or terrorism; or incite hatred among ethnicities, races, or religions.
2. Propagate violence, obscenity, depravity, crimes, social evils, or superstition, or destroy the nation’s fine customs and traditions.
3. Disclose state, military, security, economic, diplomatic, or other legally protected secrets.
4. Distort, slander, or insult an organization, individual honor, or dignity.
5. Advertise or trade prohibited goods and services, or disseminate prohibited press, literary, artistic, or publishing works.
6. Impersonate an organization or individual or spread false information that infringes legitimate rights and interests.

5.2. Customers must not unlawfully obstruct lawful access to information or Internet services.

5.3. Customers must not unlawfully obstruct the “.vn” domain name system or lawful Internet infrastructure.

5.4. Customers must not illegally use passwords, cryptographic keys, private information, personal information, or Internet resources.

5.5. Customers must not create unauthorized links, install or spread malware, infiltrate systems, or establish Internet attack tools.

5.6. Customers must not infringe copyright or intellectual property rights.

5.7. All other conduct prohibited by Vietnamese law is forbidden.

TERM 6: CUSTOMER’S USE OF SERVICES

6.1. Customers are responsible for administering and securing their login information and for every action performed through their accounts.

6.2. Customers warrant that Services will be used only for lawful business or other lawful activities and that they possess all necessary licenses and approvals.

6.3. Prime Commerce may immediately suspend Services, lock accounts, freeze hosted data, and transfer relevant information to competent authorities if prohibited conduct occurs. Prepaid fees will not be refunded.

6.4. Software installed or used by Customers on Prime Commerce infrastructure must be properly licensed. Prime Commerce may suspend Services where software is unlicensed, creates security risks, or is subject to a copyright owner’s request, without penalty or compensation.

TERM 7: RESPONSIBILITY FOR CUSTOMER DATA

7.1. Prime Commerce is a technical platform provider. Customers represent and warrant that they lawfully own or are authorized to use all data entered, transmitted, and distributed through their accounts; that such data is lawful, respects third-party rights, and contains no viruses, worms, harmful software, or unauthorized backdoors. CDN customers authorize Prime Commerce to transmit and back up data through other Internet Service Providers during the service term.

7.2. Complaints, warnings, or third-party requests regarding Customer Data will be forwarded to the Customer. Customers must resolve them within a reasonable period and protect Prime Commerce from related liabilities. Prime Commerce may suspend Services without notice until complaints are resolved; applicable service fees remain payable during suspension.

7.3. Customer Data will be kept confidential according to Prime Commerce’s published standards and disclosed only upon lawful request from a Court or Competent State Authority. Prime Commerce will notify the Customer within a reasonable time where permitted.

TERM 8: PAYMENT

8.1. Payment between buyer and seller

1. The buyer seeks product information on primecommerce.asia.
2. The buyer orders the product and selects a payment method.
3. Prime Commerce sends order and account information by email.
4. The Customer receives the goods, confirms delivery, and pays where cash on delivery is selected.

8.2. Software usage fees are calculated by service package or usage period and published in the website pricing section.

8.3. Payment may be made by cash or bank transfer.

PRIME COMMERCE VIETNAM CO., LTD.

Account number: 101 3838 770

Joint Stock Commercial Bank for Foreign Trade of Vietnam (Vietcombank) — Ho Chi Minh City Branch

Cash address: 84P Nguyen Dinh Chieu, Da Kao Ward, District 1, Ho Chi Minh City. Payment timeframes are governed by the signed cooperation agreement.

TERM 9: FORCE MAJEURE

9.1. A Force Majeure Event is an event beyond a Party’s reasonable prediction and control that directly affects performance, including war, terrorism, riots, sabotage, government restrictions, accidents, fire, flood, earthquake, natural disaster, system failure, viruses, or hackers, provided it is not caused by the affected Party’s negligence.

9.2. The affected Party is excused to the extent performance is prevented, provided it takes reasonable mitigation measures and immediately gives written notice.

9.3. If Force Majeure continues for more than ninety cumulative Business Days, either Party may terminate without compensation.

TERM 10: CONFIDENTIALITY

10.1. “Confidential Information” means information, documents, and data arising from negotiation, signing, and performance of this Agreement in written, electronic, or other lawful form.

10.2. The Receiving Party shall use Confidential Information only for this Agreement. Disclosure is limited to employees, contractors, or staff who need the information and are bound by equivalent confidentiality obligations. The Receiving Party shall protect it with the same care used for its own confidential information.

TERM 11: TERM AND TERMINATION

11.1. This Agreement remains effective for the term stated in the Service Contract or selected service package.

11.2. It may terminate early if the Parties agree; either Party is dissolved or declared bankrupt by a competent authority; the Customer commits prohibited conduct; or a Party fails to remedy a material breach within five Business Days after notice.

TERM 12: DATA HANDLING UPON SERVICE TERMINATION

12.1. Upon termination, Customers must back up, remove, and delete all Customer Data from Prime Commerce’s systems and Services.

12.2. Prime Commerce may, but is not obligated to, delete all Customer Data following termination.

TERM 13: GOVERNING LAW AND DISPUTE RESOLUTION

13.1. This Agreement is governed by the laws of the Socialist Republic of Vietnam.

13.2. Disputes that cannot be resolved by negotiation or mediation shall be submitted to the competent People’s Court where Prime Commerce registers its head office.

TERM 14: GENERAL PROVISIONS

14.1. Prime Commerce reserves all rights not expressly granted.

14.2. Prime Commerce may amend these Terms by publishing revised Terms on this website. Continued use constitutes acceptance. Customers may not assign, sublicense, transfer rights, or subcontract obligations. Nothing creates a partnership, joint venture, or principal-agent relationship or authorizes either Party to incur liability for the other.