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Payment Terms And Conditions

Welcome to the website of Nirvana Memorial Park Vietnam at nvasia.vn (“Website”). The Website is established and owned by Nirvana Memorial Park CO., LTD. with head office located at 261-263 Phan Xich Long, Ward 02, Phu Nhuan District, Ho Chi Minh City, Vietnam (“Nirvana”).

By accessing our Website and using the booking feature in the Website, you undertake to have read, understood and irrevocably agreed to our following terms and conditions (“Payment Terms and Conditions”).

The Website and any of the Payment Terms and Conditions herein may be changed, edited or adjusted at our sole discretion and takes effect immediately upon an updated version of the Payment Terms and Conditions is fully posted on the Website.

Please kindly read these Payment Terms and Conditions carefully before making any Booking for any products or services (“Product”) on the Website

 

1. Scope of application and Instructions for use

These Payment Terms and Conditions are applied to persons (“Customer”) who pay the booking fee (“Booking Fee”) for booking (“Booking”) the selected Product posted on the Website. Customer can make a booking of one single Product or several Products within one time of Booking.

– Customer in these Payment Terms and Conditions include, but not limited to:

+ Any individual who has full civil act capacity, is aged 18 years or older and has assets to make a purchase of the Product, or has the supervision of both parents or legal guardians in accordance with the provisions of Vietnamese law.

+ Any organizations legally established and operating in accordance with the provisions of Vietnamese law.

– It is strictly forbidden to use any content of the Website (i) to commit any violation of law, fraud or any content or business activity that violates these Payment Terms and Conditions or other relevant applicable laws from time to time; or (ii) for commercial purposes or on behalf of any person without the written permission of Nirvana.

– Nirvana reserves the right (but is not under obligation) to take all measures when it is discovered by Nirvana that the Customer used the booking feature of the Website for any activities that violate the Payment Terms and Conditions and/or other relevant laws. Any transactions relating to any such content or activity will be void and the Customer agrees that Nirvana and/or its related companies may, in their sole discretion, refund the relevant payment to the relevant party in respect of such transactions minus any transaction costs, service costs and/or administration fees which may be charged by Nirvana and/or service providers, subject to any laws, rules, regulations or any binding orders or directions of government and other competent authorities or courts in any relevant jurisdiction provided always that the aforementioned shall not prejudice to Nirvana’s rights to take legal action and/or to recover the losses or damages incurred or suffered.

– Customer also agrees that Customer assume full responsibility for transactions conducted under the Customer’s name using this booking feature, including transactions that the Customer does not authorize. Customer shall take all measures to avoid unauthorized transactions to be conducted under the Customer’s name or on the Customer’s account.

– The Customer hereby agrees and undertakes that the Customer shall directly make payment of the Booking Fee to guarantee the transaction safety assurance. If there is any payment of the Booking Fee made by a third party who is not the Customer, such third party is deemed to be authorized by the Customer to make payment and the Customer shall be solely responsible for any issues relating to such payment 

 

2. Contract formation:

No Contract formed with respect to the Product unless Sale Contract is signed physically by the Parties within seven (7) Working Days of Booking Fee:

+ Any Product information posted on the Website in any case shall not be construed as an offer to enter into a contract by Nirvana to the Customer. No contract with respect to the Product is formed after the payment of the Booking Fee. The Booking and the payment of the Booking Fee is merely an indication and payment made by the Customer to reserve the selected Product for seven (7) working days from the successful Booking Confirmation, whereby within the aforesaid seven (7) working days, the Customer shall sign the physical sale contract of the Product with Nirvana to conclude the sale contract of the Product. Failing which, the Booking shall be automatically cancelled and Nirvana shall refund the Booking Fee to the Customer after deducting the relevant expenses and Nirvana shall have the right to make available the aforesaid Product to other parties.

– If Customer intends to cancel the Booking (if any), Customers must comply with the provisions of Article 5: Regulations on cancellation of Booking and refund for Booking Fee paid via the Website of this Payment Terms and Conditions.

 

3. Booking process for Customer on the Website:

Step 1: Choose a Product

Step 2: View price and Product details to make the Booking

Step 3: Select Product and add to cart

Step 4: If Customer agrees to make a Booking, please view the cart and press the Booking button

Step 5: Fill fully and correctly the booking information in the form and proceed to pay the Booking Fee depending on the appropriate payment methods

Step 6: After receiving the Booking Fee, a notification of verification of all Booking details shall be sent to the email address provided by the Customer.

Step 7: Nirvana conducts booking confirmation procedures and other relevant actions.

 

4. Order value and payment method:

The price of the Product on the Website excludes promotion and VAT.

When clicking on the ‘Submit’ button to make a booking, it means that the Customer confirms that:

(a) the Customer has carefully reviewed the information of the order and Product; and

(b) the Customer agreed to the Payment Terms and Conditions herein.

 

5. Regulations on cancellation of Booking and refund for Booking Fee paid via the Website:

Booking is considered final as soon as the Booking Fee is paid successfully on the Website and modification is not permitted. Cancellation of the Booking could be made if Customers wish to make any modification. Products are provided on a “first-come-first serve” basis. The Booking may be cancelled in part or in whole according to Customer’s confirmation with Nirvana’s Customer Service Department:

(a) Cancellation of Booking in whole

A cancellation of Booking in whole is a cancellation of Booking of all Products of which the Customer has booked. The Customer must complete, sign and submit to Nirvana the form of request of Booking cancellation ("Cancellation Request Form") designated by Nirvana together with all requisite supporting documents. Upon receiving appropriate form, Nirvana shall proceed with subsequent steps as set out in Clause (c), Article 5: Regulations on cancellation of Booking and refund for Booking Fee paid via the Website of this Payment Terms and Conditions.

(b) Cancellation of Booking in part and transfer of payment

A cancellation of Booking in part is a cancellation of Booking of one or some Products and not all Products of which the Customer has booked. Refund of Booking Fee is not permitted after cancellation of Booking in part is completed and the Customer must transfer the Booking Fee of the Product whose Booking has been cancelled to other Product. Customer hereby must complete, sign and submit to Nirvana the form of request of Booking cancellation and transfer of payment ("Cancellation and Transfer of Payment Request Form") designated by Nirvana together with all requisite supporting documents (if any). Upon receiving appropriate form, Nirvana shall proceed with subsequent steps. Customer hereby agrees and accepts that all selected Product(s) of which the Customer has made a Booking shall be cancelled as well regarding to the request for cancellation of Booking in part, and Nirvana shall not be responsible for any issues relating to the re-booking of the cancelled Product of Customer after the cancellation of Booking in part of Customer is completed and final. 

(c) In the event of the request for cancellation of Booking in whole is approved, Nirvana will refund the Booking Fee to the Customers subject to deduction of any transaction costs, service costs and/or administration fees. Nirvana is not liable or responsible for (i) delays in or outside payment gateway; or (ii) refund to Customers if Customers’ bank account/credit card has been used in a fraudulent or unauthorized manner.

Verification for the Refund Request from Customer as well as Refund shall be processed within 30-45 working days. Customer’s refund will be directly refunded into the Customer’s bank account or credit card used by the Customer.

To request a refund and request assistance with related issues, please contact Nirvana at:

Contact number: +84 28 3620 5538

Email: info@nvasia.vn

 

6. Transaction safety assurance:

Nirvana has used commercially reasonable measures to:

(a) ensure accuracy of the information about product contents on the Website; and

(b) operate the Website in order to protect the security of the transactions carried out in the Website.

Customers must provide complete and accurate information (e.g. name, address, phone number, email) when making the booking of the Products via the Website so that Nirvana can proactively contact and support the Customers in case of problems.

When paying online by domestic ATM card, Visa, Master, Customers should do it themselves and must not reveal card information. The Website does not store Customer’s card information after payment, and the payment will be processed through the system of the linked bank.

In case an error occurs during online payment, Customers may contact Nirvana to verify the status of the payment. Nirvana shall not be responsible for the delay or any other issues relating to the payment caused by the Customer, the Customer’s bank, payment service providers and/or any other third parties.

 

7. Regulations on Customer information security:

Please read the Privacy Policy carefully here

The Customer hereby represents, confirms and undertakes that the Customer has read and understood the Company’s Privacy Policy and expressly and voluntarily agreed and consented to the Company collecting, using, disclosing, transferring, processing and retaining the personal data or information of the Customer and/or the persons for which personal data have been provided by the Customer in the manner specified in the Privacy Policy.

 

8. Responsibility in case of technical error:

- Whilst Nirvana is committed to making commercially reasonable efforts to ensure the reasonable safety and functionality of the Website, it must be understood that the proper function of the Website depends on various factors which are not in the control of Nirvana. The Customer hereby agrees that Nirvana shall not be responsible for any incidence, interruption, breach, outage, errors or unavailability of the Website or the payment functions due to any reasons whatsoever, unless the same is caused by the gross and wilful negligence of Nirvana.

- When making transactions on the Website, it is imperative that the Customer follow the instructions as specified in Article 3 above and refrain from disclosing any payment and card information and details to any third parties.

- In case the Customer discovers any errors leading to the Customer not being able to make payment of Booking Fee in the Website, the Customer may notify the errors to Nirvana via email info@nvasia.vn or via phone +84 28 3620 5538 (from 8:30 to 17:30) for our timely support. Nirvana shall not be responsible for any unresolved issues arising out of any incidence, interruption, breach, outage, errors or unavailability of the Website or the payment functions due to any reasons whatsoever, unless the same is caused by the gross and wilful negligence of Nirvana

- The Customer shall be solely responsible, and Nirvana shall not be liable in any manner whatsoever, for ensuring that in using the Website, all applicable laws, rules and regulations for the use of any website, network or internet shall be at all times complied by the Customer.

Without affecting the general nature of the preceding provisions of this Article, Nirvana also shall not be held liable for any incidence, interruption, breach, outage, errors or unavailability of the Website or the payment functions resulted directly or indirectly from improper usage by the Customer or any third parties.

 

9. Complaint handling:

Nirvana shall receive all issues related to complaints and/or complaint handling through the followings:

+ At the contact Website

+ Via contact: +84 28 3620 5538

+ Via email: info@nvasia.vn

+ At the company office: 2nd & 6th floors, 261-263 Phan Xich Long, Ward 02, Phu Nhuan District, Ho Chi Minh City, Vietnam

 

10. General Terms:
– The provisions in the Company’s Privacy Policy form an integral part of these Payment Terms and Conditions.

– By agreeing to proceed with the payment of the Booking Fee, the Customer shall be deemed to have unequivocally and irrevocably agreed to be bound by the terms and conditions set forth in these Payment Terms and Conditions. Nirvana and the Customer are responsible for performing their respective obligations set forth in these Payment Terms and Conditions.

– If any content of the Payment Terms and Conditions is held by a competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Payment Terms and Conditions will not be affected.

– These Payment Terms and Conditions and any issues arising in the contractual relationship between Nirvana and the Customer with respect to the Website and the Booking will be construed, interpreted and governed in accordance with the laws of Vietnam. Any dispute arising from/or related to these Payment Terms and Conditions will be resolved through negotiation in good faith. If it cannot be resolved, the above disputes and complaints can be resolved at a competent court of Vietnam.

 

11. Terms of commitment:

Official contact address of Website:

- Website: nvasia.vn

- Company/Organization: Nirvana Memorial Park Co., Ltd

- Office address: 2nd & 6th floor, 261-263 Phan Xich Long, Ward 02, Phu Nhuan District, Ho Chi Minh City, Vietnam

- Site address: Nam Son Hamlet, Quang Trung Commune, Thong Nhat District, Dong Nai Province, Vietnam

- Tel: +84 28 3620 5538 Email: info@nvasia.vn