In the event that a party is a purchasing party (hereafter, the “Purchaser”) as part of a commercial transaction between the business operations of VietnamDaily.ca (hereafter, “Seller”), in reference to services pro-offered by the Seller through its public-facing website (VietnamDaily.ca, hereafter “Seller’s Media Portal”), the Purchaser and Seller agree to the following terms and conditions.
Section 1: Refund Policy
The Seller may be entitled a discretionary thirty (30) day partial refund of their purchase, minus the greater of: i) any and all third-party payment-processing fees incurred during a) the receipt of payment from the Purchaser, and b) the refunding of monies from the Seller to the Purchaser; ii) a 5% administrative fee. The third party payment-processing fees, from companies possibly including Stripe and/or any other payment intermediaries, are subject to change and are not negotiable nor disputable on the part of Seller on behalf of the Purchaser. The Seller is under no obligation to disclose third-party payment processing fees.
The willingness of the Seller to satisfy a 30-day partial refund request from a Purchaser is conditional upon the Purchaser providing a valid reason for the refund. A valid reason for a refund is limited to: i) demonstrable faultiness and/or substantial inadequacies of the services and/or products provided by the Seller to the Purchaser; ii) failure to deliver the agreed-upon services and/or products in a timely manner (within 30 days of agreed-upon delivery time); iii) cessation of operations of VietnamDaily.ca within 30 days of purchase. It will be the obligation of the Purchaser to provide reasonable proof of inadequacies of the services and/or products. Valid reasons for a refund are voided by the Purchaser’s violation of the Section 6 “Performance of Purchaser”.
Thirty (30) days after the receipt of payment from the Purchaser, the Seller is under no obligation to issue a refund to the Purchaser.
Section 2: Notices
All refund requests must be sent via email communication to email@example.com. Responses from the Seller’s administrative staff will generally occur within seven (7) business days, outside of major Canadian holidays and holiday-seasons.
Section 3: Cancellation Policy
In the event that the Purchaser mistakenly submits a payment through the Purchaser’s payment channels, and the funds have not yet been processed through the Seller’s payment channels, the Purchaser may attempt to “cancel” the payment through their own payment processor. All such cancellations requests must be made through the Purchaser’s payment processor (such as a credit card, PayPal, and/or other third party payment processors), and the Seller is under no obligation to communicate with or negotiate with the Purchaser’s payment processor, or otherwise act as a representative of the Purchaser’s interests. In the event that a third party payment processor communicates with the Seller to consent to a cancellation request, the Seller will use reasonable judgment to honour a cancellation request inasmuch as the request is limited to consent to the third party’s execution of said cancellation. Any and all fees levied by a third party payment processor during the execution of a cancellation request are to be paid exclusively by the Purchaser.
Once funds have been received into the Seller’s money accounts, any cancellation request will no longer be considered a “cancellation”, but will be considered as, and adjudicated as, a “refund” request under the refund policy in Section 1.
Section 4: Warranties
In the event that the Seller has provisioned the Purchaser with a physical good, the Seller offers no warranties or guarantees beyond those provided by the original distributors and/or manufacturers of the product.
In the event that the Seller has provisioned the Purchaser with a digital service, such as acceptance of written articles, the Seller warrants that the provisioned service will remain in effect and publicly available for a minimum of two (2) years, and likely longer, as long as the following conditions remain in effect: i) the Seller’s business operations remain solvent and the Seller’s Media Portal continues to operate normally (Section 5); ii) the Seller’s Media Portal is not acquired nor undergoes a change of control; iii) the Purchaser continues to meet their performance obligations as stipulated in Section 6; and iv) the Purchaser does not violate the terms of Inappropriate Content in Section 6.2.
Section 5: Sale of Business, Change of Control, and/or Cessation of Operations
In the event of change of control of the business operations and assets of VietnamDaily.ca, any and all policies will be subject to an internal review and possible revision, including possible changes to the terms and conditions of this agreement.
In the event that the Seller ceases to exist and/or no longer operate as a business entity, including shutdown and removal of the website “VietnamDaily.ca”, a partial refund will be granted if the Purchase made their Purchase within 30 days of the cessation of operations. The refund must be requested by the Purchaser.
In the event of the sale of the Seller’s business operations and assets (including the VietnamDaily.ca website and its content) to a third party acquirer (hereafter, “Acquirer”), the terms and conditions of the agreement will be considered terminated with no guarantee of surviving obligations and services. There is no guarantee of any term or condition of this agreement surviving any acquisition of the Seller’s Media Portal to an third party Acquirer.
The Seller may elect to notify the Purchaser of any intent to be acquired, sell assets, enact a change of control, and/or cease operations during the fulfillment of the service and/or product to the Purchaser, at which point the Purchaser may formally request a refund. The Seller is under no obligation to notify the Purchaser of an acquisition, change of control, or cessation of operations after thirty (30) days from the purchase of service and/or product from the Seller.
Section 6: Performance of Purchaser
For commercial transactions involving the Seller providing a physical good to the Purchaser, the Purchaser has no performance obligations or duties beyond timely payment.
For the provisioning of services by the Seller to the Purchaser, including bespoke written content and hosting on the Seller’s Media Portal, the Purchaser agrees to the following ongoing performance obligations, including:
- no content that is deemed “inappropriate” according to Section 6.2;
- no links (outbound URL addresses hosted on Seller’s Media Portal to a third party website) to content that is deemed “inappropriate” according to Section 6.2;
- no changes, edits, or revisions of content such that the updated content would be deemed “inappropriate” according to Section 6.2; and
- no changes in links or redirects of links to content that has not been vetted by the Seller during the initial provisioning of services, whether or not the content is deemed inappropriate according to Section 6.2, but especially if the content is deemed Inappropriate.
Failure of the Purchaser to meet the above performance obligations may result in the immediate termination of the services by the Seller, including immediate removal of the Purchaser’s content from the Seller’s Media Portal, and with no compensation or refund. The Seller may take reasonable steps to notify the Purchaser of their failure to meet the performance obligations, but the Seller is under no obligation to notify the Purchaser should the Purchaser violate the above performance obligations.
Section 6.1: Sole Remedies
Failure of the Purchaser to meet their performance obligations, and/or violation of the terms of inappropriate content in Section 6.2, will result in termination of this agreement and termination of the services provided of the Seller, with no obligation for notice to the Purchaser.
The failure of the Seller to meet their performance obligations to the Purchaser is limited to the refund policy as stipulated in Section 1, which is time-limited to within thirty (30) days of payment by the Purchaser. The Seller may offer equivalent compensatory services to the Purchaser.
Section 6.2: Inappropriate Content
Inappropriate content is content that may damage the reputation of VietnamDaily.ca and/or mislead or damage the interests of the audience and readers of VietnamDaily.ca. Inappropriate content includes, but not is not limited to: i) content that is deemed illegal within the jurisdiction of Canada; ii) pornographic content and/or any content deemed unsuitable for minors within the jurisdiction of Canada; iii) malicious gambling and/or online-casinos (according to the discretion of the Seller); iv) ill-reputable and/or deceptive investment advice and/or products, possibly including but not limited to cryptocurrencies; v) fraudulent content and/or sales of fraudulent products and/or services; vi) content that is deemed “spammy” and/or “phishing” and/or deleterious to the digital well-being of any Visitor, including deceptive installation of malicious software and/or deceptive forfeiture of a Visitor’s private and/or sensitive personal information; vii) content that encourages and/or condones political violence, or violence towards any group of individuals according their immutable characteristics (race, sex, ethnicity, religion); viii) content that condones or encourages surgical “gender transitioning” of minors (also known as “sex-change operations” and/or “gender-affirming surgery”); ix) content that willingly spreads hateful misinformation for the purpose of undermining and/or demoralizing democratic and civil institutions in Canada, United State of American, the United Kingdom, Australia and/or other democratic countries. The judgment of appropriate outbound links is at the sole-discretion of the Seller.
Section 7: Force Majeure
In the event of major exogenous disruptions that are outside the control of the Seller, and which interrupt the normal business operations of the Seller, this agreement will be considered null and void.. Major exogenous disruptions include events that occur within Canada, but may also events outside Canada that impact the electronic and digital infrastructure of third party hosting services and third party payment processing services upon which the normal business operations of the Seller depend. Major exogenous disruptions include, but are not limited to: insolvency and under-performance of third party web-hosting services, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services. It being understood that the Seller shall use reasonable efforts to resume performance as soon as practicable under the circumstances.
Section 8: Anti Money Laundering (AML) and Know Your Customer (KYC)
The ability for the Seller to provision the Purchaser with the requested goods and/or service is conditional on the Purchaser being able to successfully utilize and participate in third party payment processors (including, but not limited to, Stripe and its affiliates) as well as the Anti Money Laundering (AML) and Know Your Customer (KYC) policies and obligations of the third party payment processors. In the event that the Purchaser and Seller cannot successfully transact due to seizure of funds or denial of payment by a third party payment processor, this agreement is null and void, and all outstanding or in-progress services will be terminated, with no product or service obliged to be provisioned thereafter. The Purchaser may attempt to resolve their AML/KYC issues with third party processors, but the Purchaser acknowledges that the Seller is under obligation to continue working with the Purchaser, even if the Purchaser is not deemed at-fault.
Section 9: Information and Privacy
The Seller must retrain a minimum amount of information about the Purchaser for tax compliance, governing law, audits, and/or business due diligence by an Acquirer, including but not limited to: Purchaser’s name, delivery address, purchase orders, invoices, receipts, payment reference numbers and account-information as divulged by third party payment platforms (including but not limited to Stripe) while processing payments. This information must be retain indefinitely for Canadian tax authorities. Any information about the Purchaser will be held securely and confidentially by the Seller, and not released to any third party who is not directly connected with: government tax authorities and law enforcement, reputable auditors, and reputable business Acquirers operating under a strict Non-Disclosure Agreement.
Section 10: Choice of Law
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the country of Canada.