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Condition of use


Newton and its subsidiaries and affiliates (collectively, "Newton") provide access to Newton.com.vn and other websites operated by Newton (collectively, "Newton Websites") subject to these Terms and Conditions ("Terms"). By shopping at or visiting Newton Websites, you agree to these Terms and our Websites Privacy Policy. Please read them carefully. If you do not agree to these Terms please do not register or otherwise use Newton Websites.

Newton reserves the right to make changes to the Newton Websites, our policies, and these Terms at any time. Any changes to the Terms will be reflected on the Newton Websites.

The online store is available for non-commercial and domestic use only. Newton reserves the right to refuse orders from businesses, or those that we consider are for commercial or other non-domestic concerns.


COPYRIGHT AND INTELLECTUAL PROPERTY

All content included on the Websites including website design, text, graphics, images, the selection and arrangement thereof, and all software compilations, underlying source code, software (including applets) and all other material on the Newton Websites are the copyright or other intellectual property of Newton or of its content and technology providers. The compilation of all content on each Newton Website is the exclusive property of Newton and is protected by international law. ALL RIGHTS RESERVED.

Personal permission is granted to registrants to electronically copy and to print hard copy portions of Newton Websites for the sole purpose of facilitating the purchase of Newton products. Any other use of materials on Newton Websites, including reproduction for purposes other than those noted above, modification, distribution, or republication for commercial use or otherwise without the prior written permission of Newton, is strictly prohibited.


TRADEMARKS

Newton, the Newton logo, Newton.com.vn, and other Newton Websites and Newton services referenced on Newton Websites are either trademarks or registered trademarks of Newton.

Newton Website graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Newton. Newton's trademarks and trade dress may not be used in connection with any product or service that is not Newton’s, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Newton.


REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.

By sending emails, submitting reviews, or otherwise communicating with Newton you are granting Newton a perpetual, non-exclusive, royalty-free, unrestricted, worldwide license to use, display, sub-license, adapt, transmit and copy such communication in any media. The foregoing grant shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under trademark, copyright, service mark or patent laws in any relevant jurisdiction. Newton reserves the right to remove or edit the content of Newton.com.vn customer reviews.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Newton for all claims resulting from content you supply. You agree that Newton has the right (but not the obligation) to monitor and edit or remove any activity or content at its sole discretion. Newton takes no responsibility and assumes no liability for any content posted by you or any third party.

You will be responsible for Newton’s losses and costs resulting from your breach of this clause.


OTHER BUSINESS LINKS

Newton may provide links to the sites of affiliated companies and certain other businesses.

We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these business or individuals or the content of their websites. Newton does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review the terms and conditions of any site that you access through a link from this site.


REGISTRATION

You warrant that:

•You are over eighteen years of age.
The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects;
•You will not impersonate any other person or entity or to use a false name or a name that you are not authorized to use; and,
•You will notify us immediately of any changes to the Personal Information by updating it on the Newton Websites, by emailing artmusic@newton.com.vn


PASSWORD AND ACCOUNT SECURITY

Every user that has an account on one of the Newton Websites is responsible for (i) keeping his or her account password confidential and secure. (ii) restricting access to such User’s computer; and (iii) keeping the email address associated with that account current. User acknowledges that it is important to keep the email address associated with his or her account current in order to receive messages from Newton about his or her orders and inquiries or other matters. If Newton believes that there is likely to be a breach of security or misuse of the Newton Websites we may require you to change your password or suspend your account.


PURCHASE OF PRODUCTS FROM NEWTON WEBSITES

No contract will subsist between you and Newton for the sale by it to you of any product unless and until Newton actually dispatches the good to you. At any point up until then, we may decline to supply the goods to you without giving any reason. Newton is entitled to withdraw from any contract in the case of errors or inaccuracies regarding the goods or the order appearing on Newton Websites.


PRICING

Whilst Newton will make reasonable efforts to ensure that prices on Newton Websites are accurate, it will not be responsible for any errors that may occur. If Newton discover any errors in the price of goods, Newton will notify you as soon as possible and give you the option to resubmit your order at the correct price or cancel the order.

All prices are expressed as exclusive of any VAT or other sales tax payable unless otherwise stated.

There shall be an additional charge for delivery, the amount of which shall vary according to the delivery method that you choose.

Prices and delivery charges are subject to change without notice.

Authority for payment must be given at the time of placing your order.


AVAILABILITY

All orders are subject to availability, and Newton cannot guarantee the availability of any specific products.

In the event that Newton discovers that goods are unavailable after an order has been placed, Newton shall send you a notification by email giving you the option to modify or cancel the order.

 

DELIVERY OF GOODS AND RISK OF LOSS
Newton shall deliver the goods ordered to the main entrance at the delivery address which you supply. All delivery times quoted on Newton Websites are estimates only based on availability, normal processing and delivery time.

All items purchased from Newton are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.


GUARANTEE, CANCELLATION AND RETURNS POLICY

If for any reason you are unhappy with the goods received, you can return them to Newton for an exchange or refund, providing each is returned to Newton’s returns processing center in new condition within 14 days from the date of delivery. You may also cancel your contract within 7 days of the date the goods are delivered to you provided you notify us or have returned the goods within that time. Except in cases of faulty, damaged or wrongly supplied goods you shall be responsible for the cost of returning goods for refund or exchange, and we will not refund the delivery charge for sending the item to you.

Newton recommends that you use registered post or recorded delivery and secure packaging when returning goods. Newton shall use reasonable efforts to replace damaged or defective goods but if replacement is not possible, Newton’s only obligation is to refund the amount paid by you. This does not affect your statutory rights.

The forgoing notwithstanding, Newton Collectors Editions are sold on a non-returnable basis and may not be returned unless received in damaged condition, unless otherwise required by law.


LICENSE AND SITE ACCESS

Newton grants you a limited license to access and make personal use of Newton Websites and not to download (other than page caching) or modify them, or any portion of them, except with express written consent of Newton. This license does not include any resale or commercial use of Newton Websites or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Newton Websites or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

Neither the Newton Websites nor any portion thereof may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Newton. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of any of the Newton Websites without express written consent. You may not use any meta tags or any other “hidden text” utilizing Newton’s name or trademarks without the express written consent of Newton. Any unauthorized use terminates the permission or license granted by Newton. You are granted a limited, revocable, and nonexclusive right to create hyperlinks to the home pages of the Newton Websites so long as the links do not portray Newton, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Newton logo or other proprietary graphic or trademark as part of the link without express written permission.


INDEMNITY

You agree to defend, indemnify and hold Newton and any affiliated company or individual harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to any violation of these Terms by you or your authorized users, or in connection with the use of the Newton Websites or the Internet or the placement or transmission of any message or information on the Newton Websites by you or your authorized users. Newton shall provide notice to you promptly of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.


TERMINATION OF USAGE

Newton reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion at any time.


TERMINATION OF AGREEMENT

This agreement may be terminated by Newton at any time without notice. In the event of termination, you will no longer be authorized to have access to the Newton Websites, and all limitations on Newton’s liability and on your use of Newton material shall survive.


ENTIRE AGREEMENT / SEVERABILITY

These Terms, along with any additional rules or conditions referred to herein, constitute the entire agreement and understanding between you and Newton as to your use of the Newton Websites, superseding all prior or contemporaneous communications and/or proposals. These Terms are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. A printed version of these Terms shall be admissible in judicial or administrative proceedings based upon or relating to use of the Newton Websites to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.


DISCLAIMER

TO THE FULLEST EXTENT PERMITTED BY LAW, NEWTON PROVIDES THE NEWTON WEBSITES AND THEIR CONTENTS ON AN “AS IS” BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE NEWTON WEBSITES OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON NEWTON WEBSITES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, NEWTON DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA NEWTON WEBSITES IS ACCURATE, COMPLETE OR CURRENT.

Except as specifically stated on the Newton Websites, to the fullest extent permitted by law, neither Newton nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of the Newton Websites or the information, content, materials or products included on the Newton Websites. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. For the avoidance of doubt, Newton does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of Newton, its affiliates, directors, employees or other representatives.


GOVERNING LAW AND JURISDICTION

Any such contract will be interpreted, construed and enforced in all respects in accordance with the laws of England, and you and Newton irrevocably submit to the non-exclusive jurisdiction of the English Courts.

We make no promise that materials on the Newton Websites are appropriate or available for use in locations outside the United Kingdom, and accessing the Newton Websites from territories where its contents may be illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with any local laws.
Saturday, 07 July 2012
68 Ly Long Tuong, Phu My Hung, District 7, Hochiminh City, Vietnam  |  Tel: (+848) 54109889  |  Fax: (+848) 54122897  |  www.newton.com.vn  |  artmusic@newton.com.vn