TERMS AND CONDITIONS
Version dated 4 April 2023
This version takes effect on 4 April 2023.
Welcome to the www.gaea-global.com website. Please read these Terms and Conditions carefully. The following Terms and Conditions govern your use and access of the GAEA Global Platform (as defined below) and the use of any part of the Services (as defined below). By accessing the GAEA Global Platform and/or using the Services, you agree that you have read and understood the terms in these Terms and Conditions and to be bound by these Terms and Conditions which constitute a legally binding agreement between you and GAEA Global (as defined below). If you do not agree to these Terms and Conditions, please do not access and/or use this GAEA Global Platform or any part of the Services.
Access to and use of password protected and/or secure areas of the GAEA Global Platform and/or use of the Services are restricted to Customers with GAEA Global User Accounts (as defined below) and must be at least 18 years old only. You must not intend to obtain unauthorized access to such parts, or to any other protected information on this GAEA Global Platform and/or Services, through any means that is unallowed by GAEA Global.
If you are below 18 years old, you must obtain consent from your parent(s) or legal guardian(s), their acceptance of these Terms and Conditions and their agreement to take responsibility for: (i) your actions; (ii) any charges associated with your use of any of the Services or purchase of Products; and (iii) your acceptance and compliance with these Terms and Conditions. If you do not have consent from your parent(s) or legal guardian(s) and/or access this GAEA Global Platform and/or use the Services and/or purchasing Products without the supervision of your parent(s) or legal guardian(s), you must stop these actions immediately.
1. DEFINITIONS AND INTERPRETATION
Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Schedule 1 will apply to these Terms and Conditions.
2. GENERAL USE OF SERVICES AND/OR ACCESS OF GAEA Global PLATFORM
2.1 Guidelines to The Use of GAEA Global Platform and/or Services
- We grant you the right to use and access the GAEA Global Platform for viewing and shopping on the GAEA Global Platform in accordance with specified terms and conditions.
- You agree to comply with any and all the guidelines, notices, operating rules and policies, and instructions pertaining to the use of the Services and/or access to the GAEA Global Platform, as well as any amendments to the aforementioned, issued by us, from time to time. We reserve the right to revise these guidelines, notices, operating rules and policies, and instructions at any time with prior advance notice in accordance with applicable laws and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the GAEA Global Platform.
2.2 Restricted activities
You agree and undertake NOT to:
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;
- use GAEA Global Platform or Services for illegal purposes; unreasonable, fraudulent, threatening, illegal information exploration, sabotage, create and spread viruses that damage the system, configure, transmit information of GAEA Global Platform or your services for the purpose of speculating, manipulating the market to create fake orders, offers, even for judging market demand;
- attempt to gain unauthorized access to or otherwise interfere with or disrupt other computer systems or networks connected to the GAEA Global Platform or Services;
2.3 Availability of GAEA Global Platform and Services
The Customer agrees that GAEA Global may, from time to time, upgrade, modify, suspend or discontinue to provide or remove, in whole or in part, the GAEA Global Platform or any Service on the GAEA Global Platform in accordance with the law.
2.4 Compatibility on GAEA Global Platform
Different models or versions of routers, browsers, and devices may have firmware or settings that are not compatible with the GAEA Global Platform. While we continuously develop the GAEA Global Platform to, as far as possible, support all commonly used devices and models in markets and all browsers from where the GAEA Global Platform is likely to be accessed, we do not warrant the compatibility of the GAEA Global Platform with specific mobile devices or other hardware.
2.5 Right, but not obligation, to monitor content
We reserve the right to:
- prevent or restrict access of any non-compliant User (at our sole discretion) to the GAEA Global Platform and/or the Services;
- report any activity that GAEA Global has grounds to suspect is a violation of the law or regulations of authorities, and to co-operate with such authorities; and/or;
- to request any information and data from you in connection with your use of the Services and/or access of the GAEA Global Platform at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.
3. USE OF SERVICES
3.1 Restrictions: Customers who have breached or are in breach of the terms and conditions contained herein and Customers who have been permanently or temporarily suspended from the use of any part of the Services may not use the Services even if they satisfy the requirements of Clause 3.2 as below.
3.2 General Terms and Conditions: You agree to conduct any activity relating to the Services in good faith and lawful manner; and
GAEA Global may cancel or reject your use of any part of the Services where it deems or suspects that your use of any part of the Services or any transaction is inappropriate or fraudulent. For the avoidance of doubt, inappropriate or fraudulent use of Services may also include promotion of abuse and/or system cheating activity.
4. CUSTOMERS WITH GAEA Global USER ACCOUNTS
4.1 Username/Password: Certain Services provided on GAEA Global Platform may require the creation of a GAEA Global User Account or require you to provide Personal Data. If you request to create a GAEA Global User Account, a Username and Password may either be:
- determined and issued to you by us; or
- provided by you and accepted by us in our sole and absolute discretion in connection with the use of the Services and/or access to the relevant GAEA Global Platform. We may, at any time, request that you update your Personal Data or forthwith invalidate the Username and/or Password and shall not be liable or responsible for any Losses suffered by or caused by you or arising out of or in connection with or because of such request or invalidation. You hereby agree to change your Password from time to time and to keep the Username and Password confidential and shall be responsible for the security of your GAEA Global User Account and liable for any disclosure or use (whether such use is authorized or not) of the Username and/or Password. You are to notify us immediately if you know or have a reason for suspecting that the confidentiality of the Username and/or Password has been compromised or if there has been any unauthorized use of the Username and/or Password or if your Personal Data requires updating.
- Customers may receive promotional emails, SMS text messages, and/or in-app messages or notifications from GAEA Global in accordance with the policy of GAEA Global and applicable laws. In case the Customer does not want to continue receiving such communications, the Customer can refuse by clicking the link shown at the bottom of the relevant communications or re-setting GAEA Global user account.
4.2 Purported use/access: You agree and acknowledge that any use of the Services and/or any access to the GAEA Global Platform and any information, data, or communications initiated from your GAEA Global user account shall be deemed to be, as the case may be:
- access to the relevant GAEA Global Platform and/or use of the Services by you; or
- information, data, or communications posted, transmitted, and validly issued by you. You shall be bound by any access of the GAEA Global Platform and/or use of any Services from your GAEA Global User Account (whether such access or use are authorized by you or not) and GAEA Global shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. You shall fully indemnify GAEA Global against any and all Losses suffered by GAEA Global attributable to any of your use of GAEA Global User Account.
5. INTELLECTUAL PROPERTY
5.1 Ownership: Gaea Global LLC, the licensor that allows GAEA Global or its Service provider to own, license, and control all Intellectual Property on the GAEA Global Platform and in respect of Materials on the GAEA Global Platform. GAEA Global fully reserves the right to enforce its Intellectual Property Right allowed by law.
5.2 Restricted Use: No content on the GAEA Global Platform or any Materials may be reproduced, reverse engineered, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred, or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without GAEA Global’s prior written permission or that of the relevant copyright owners. Subject to Clause 5.3, permission will only be granted to you to download, print, or use the Materials for personal and non-commercial uses, provided that you do not modify the Materials and that we or the relevant copyright owners retain all copyright and other notices of owners contained in the Materials.
5.3 Trademarks: Nothing on the GAEA Global Platform and in these Terms and Conditions shall be construed as allowing that, whether express or implied, inferred or otherwise construed that you have the right to use any license or have the right to use (including as a meta tag or as a link to another website) any Trademarks displayed on the Services, without written permission of GAEA Global or any other applicable Trademark owner.
6. USERS SUBMISSIONS AND INFORMATION
6.1 You grant us a non-exclusive license to use the materials or information that you submit to the GAEA Global Platform and/or provide to us, including but not limited to questions, reviews, comments, and suggestions (collectively, “Submissions”). When you post comments or reviews to the GAEA Global Platform, you also grant us the right to use the name that you submit or your Username in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Submissions. We may, but shall not be obligated to, publish, remove, or edit your Submissions.
7.1 Termination by GAEA Global: GAEA Global reserves the right to suspend or terminate your access to the GAEA Global Platform or use of any part of Services or delete your GAEA Global User Account in the following cases:
- you breach these Terms and Conditions, the service-specific additional terms or policies;
- we’re required to do so to comply with a legal requirement, a competent authority request, or a court order;
- we have grounds to reasonably believe that your conduct causes harm or liability to a user, third party, or Google – for example, by hacking, phishing, harassing, spamming, misleading others, or scraping content that doesn’t belong to you;
- you are bankrupt, convicted or on a sentence, if you continue to operate that could impose liability on the GAEA Global Platform, have activities that are fraudulent, dishonest, market disturbance, causing disunity to other Users of GAEA Global Platform, activities in violation of applicable laws of Vietnam.
If you believe that your GAEA Global user account has been suspended or terminated in error, you can appeal by sending an email to [email protected].
7.2 Termination by you: You are always free to stop accessing the GAEA Global Platform or using the Services at will. You can cease using the Services by deactivating your GAEA Global user account, removing the GAEA Global mobile application, and stop accessing the GAEA Global Platform at any time.
8.1 Notice From GAEA Global All notices or other communications were given to you if:
- communicated through any print or electronic media as we may select will be deemed to be notified to you on the date of publication or broadcast; or
- sent by post or left at your address will be deemed to have been received by you on the signing day of receiving such notices.
8.2 Notices From You: You may only give notice to us in writing sent to our designated office address or e-mail address or contact us via customer support, and we shall be deemed to have received such notice only upon confirmation of receipt by the signature (if the notice is made in writing). While we endeavor to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.
8.3 Other Modes: Notwithstanding Clauses 8.1 and 8.2, we may from time to time designate other acceptable modes of providing notice (including but not limited to e-mail, SMS, or other forms of electronic communication) and the time or event by which such notice shall be deemed given
9.1 Cumulative Rights and Remedies: Unless otherwise provided under these Terms and Conditions, rights and remedies of GAEA Global under these Terms and Conditions are cumulative and are without prejudice and in addition to any rights or remedies GAEA Global may have in law. Non-exercise of any right or remedy under these Terms and Conditions by GAEA Global, or at law, shall (save to the extent, if any, provided expressly in these Terms and Conditions or at law) operate so as not to hinder or prevent GAEA Global’s exercise of any other right or remedy as at law.
9.2 No Waiver: Our failure to enforce these Terms and Conditions shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms and Conditions. We would still be entitled to use our rights and remedies in any other situation where you breach these Terms and Conditions.
9.3 Severability: If at any time any provision of these Terms and Conditions is seen to be illegal, invalid, or unenforceable in any respect, the legality, validity, and enforceability of the remaining provisions of this Terms and Conditions and the rest of the affected terms in these Terms and Conditions shall continue to be in effect; and shall continue in force as if such illegal, invalid, or unenforceable provision was severed from these Terms and Conditions.
9.4 Governing law and Dispute Resolution: The use of the GAEA Global Platform and/or the Services and these Terms and Conditions shall be governed by and construed in accordance with Vietnamese laws. Any dispute arising out of or relating to these Platform Terms, including the existence, validity, interpretation, performance, breach or termination thereof; or any dispute regarding non-contractual obligations arising out of or relating to this Terms and Conditions shall be referred to and finally resolved by the Vietnam International Arbitration Centre (VIAC) at the Vietnam Chamber of Commerce and Industry arbitration in accordance with the Arbitration Rules of the Vietnam International Arbitration Centre (“VIAC Rules”), in which such rules are deemed to be incorporated by reference in this Clause 9.4. The tribunal shall consist of three (3) arbitrator(s). The language of the arbitration shall be Vietnamese.
9.5 Correction of Errors: Any typographical, clerical, or other error or omission in any acceptance, invoice, or other documents on our part shall be subject to correction without any liability on our part.
9.6 Binding and Conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to the GAEA Global Platform and Services, if any) maintained by GAEA Global or GAEA Global’s Service providers relating to the GAEA Global Platform and Services shall be binding and conclusive evidence of any information and/or data transmitted between you and GAEA Global. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy, or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.
9.7 Sub-contracting and Delegation: We reserve the right to delegate or sub-contract the performance of any of our functions in connection with the GAEA Global Platform and/or Services and reserve the right to use any service providers, subcontractors, and/or agents on such terms as we deem appropriate.
9.8 Assignment: You may not assign your rights and obligations under these Terms and Conditions without our prior written consent. We may assign our rights and obligations under these Terms and Conditions to any third party.
9.9 Force Majeure: We shall not be liable for non-performance, error, interruption, or delay in the performance of its obligations under these Terms and Conditions (or any part thereof) or any inaccuracy, unreliability, or unsuitability of the GAEA Global Platform’s and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control.
SCHEDULE 1 – DEFINITIONS AND INTERPRETATION
1.1. “Customer” or “Buyer” means organizations, individuals purchasing goods, services on GAEA Global Platform.
1.2. “Intellectual Property” means all copyrights, patents, trademarks, service marks, domain names, design rights, database rights, trade names or business names, the right to protect trade secrets and confidential information, the right to protect commercial advantage and reputation, and all other similar intellectual property rights and all applications for these rights, whether currently exist or created in the future, in any region over the world, whether registered or unregistered, and all rights, privileges, right to sue, claim for damages, and request for application of interim injunctive relief for any violation of these rights, whether it is in the past, present or in the future.
1.3. “GAEA Global”, “we”, “our” and “us” refer to Gaea Global LLC, in accordance with Enterprise Registration Certificate No. 0316725115 issued by the Department of Planning and Investment of Ho Chi Minh City for the first time on March 1, 2021 (as amended from time to time), with the head office located at 5th Floor, Thanh Long tower, 456 Xo Viet Nghe Tinh, ward 25, Binh Thanh district, Ho Chi Minh City, Vietnam.
1.4. “Losses” means all penalties, losses, settlement sums, costs (including legal fees and expenses on a solicitor-client basis), charges, actions, proceedings, claims, demands, and other liabilities, whether foreseeable or not.
1.5. “Materials” means, collectively, the information, images, links, sounds, graphics, video, software, applications, and other materials displayed or made available on the GAEA Global Platform and the functionalities or services provided on the GAEA Global Platform.
1.6. “Order” means the Customer’s order for Products sent through the GAEA Global Platform in accordance with the relevant Terms and Conditions of Sale and Purchase.
1.7. “Password” refers to the valid password that a Customer who has a GAEA Global User Account with GAEA Global may use in conjunction with the Username to access the relevant GAEA Global Platform and/or use Services.
1.9. “GAEA Global Platform” or “GAEA Global Platform” means (i) e-commerce website www.Pelicancoffee.vn, which is registered to operate as an e-commerce website, owned and operated by GAEA Global in Vietnam.
1.11.“Product” means the goods or services provided via GAEA Global Platform.
1.12.“Prohibited Material” means any information, graphics, photographs, data, and/or any other material that:
- contains any computer virus or invasive code, damaging code, or other harmful programs;
- infringes any third-party Intellectual Property or any other proprietary rights;
- is defamatory, libelous, or threatening;
- is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful, or otherwise illegal under the applicable law; and/or
- is or may be construed as offensive and/or otherwise objectionable, in our sole opinion.
1.13. “Services” means services, information, and functions made available by us at the GAEA Global Platform.
1.14. “Submission” is as defined in Clause 6.1 of these Terms and Conditions.
1.15. “Terms and Conditions of Sale and Purchase” means the terms and conditions governing a Customer’s purchase of the Products.
1.16. “Terms and Conditions” means these terms and conditions governing the Customer’s use of the GAEA Global Platform and/or Services.
1.17. “Trademarks” means any sign used to distinguish goods or services of different organizations or individuals, including the trademarks, service marks, trade names, and logos used and displayed on the GAEA Global Platform, including Trademarks that have been registered and unregistered of GAEA Global or third parties.
1.18. “Username” refers to the unique login identification name or code which identifies a Customer who has an account with GAEA Global.
1.19. “Discount Code” means a promotion code, goods purchase voucher, discount goods purchase voucher which may be used by a Customer, subject to other terms and conditions, towards the payment of purchases on the GAEA Global Platform.
1.20. “You” and “your” refer to individuals over the age of 18 or otherwise under the supervision of a parent or legal guardian.
1.21. “Business Day” means a day (excluding holidays, Saturdays, and Sundays) on which banks generally are open for business in Vietnam.
1.22. “Return Policy” means the return policy set out at GAEA Global Returns Policy.
1.23. “Seller” means GAEA Global as a legal business, operated by GAEA Global as described in 1.3
1.24. “User” means a Customer who has registered for a User Account on the GAEA Global Platform.
Any reference in these Terms and Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted, or extended at the relevant time. In these Terms and Conditions, whenever the words “include”, “includes” or “including” are used, they will be deemed to be followed by the words “without limitation”. Unless expressly indicated otherwise, all references to a number of days mean calendar days, and the words “month” or “monthly”, as well as all references to a number of months, means calendar months. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms and Conditions. In the event of a conflict or inconsistency between any two or more provisions under these Terms and Conditions, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in the direction most appropriate to the context.
1. Your Compliance
You agree to comply with any and all the guidelines, notices, operating rules and policies, and instructions pertaining to the purchase of Products through the GAEA Global Platform, as well as any amendments to the aforementioned, issued by GAEA Global (whether as part of the use of the GAEA Global Platform or concerning the purchase of Products, on behalf of Seller), from time to time. GAEA Global reserves the right to revise these guidelines, notices, operating rules and policies and instructions at any time prior advance notice, and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the GAEA Global Platform in accordance with GAEA Global’s policy and applicable laws.
Products sold to Customer will be governed by individual Customer contracts where shall be agreed directly between GAEA Global and you.
3. Product Price
3.1 The price listed on the GAEA Global Platform is final and excludes value-added tax (VAT). Price is subject to change depending on the time and applicable promotion program. Delivery fees and/or charges (if applicable), will be clearly displayed on the checkout page when the Order is placed.
3.2 We always try to ensure that all information and prices displayed are accurate for each Product, however, there may be occasional errors or omissions due to objective factors. If any price defect is detected the Order will be cancelled and the customer informedthrough an email and SMS. Then, the refund request will immediately be initiated (if the Order has been paid in advance).
3.3 Prices of products for export are indicative as they depend on specific terms of a purchase order. The price list contain prices excluding value-added tax (VAT)
Gaea Global LLC – 5th Floor, Thanh Long tower, 456 Xo Viet Nghe Tinh, ward 25, Binh Thanh district, Ho Chi Minh City, Vietnam.
Enterprise Registration Number: 0316725115
Legal Representative: Michael van Kempen
Title: General Director