General Conditions

• The E-commerce Application is managed by Gourmet Distribution Co., Ltd (“Annam Gourmet”).
• All products on our Mobile Application fully comply with the Government regulations. We guarantee not to sell counterfeit or illegal products without custom claimed, and unknown origin goods. Our products are qualified in line with strict technical standards, quality control, and food safety, product origins and labels. All activities on the website are conducted publicly, transparently, and legitimately.
• By accessing and using this Mobile Application, you acknowledge that you understand and agree with these Terms and Conditions. Annam Gourmet reserves the right to amend, change, edit, add or remove any part of these Terms and Conditions at any time ("Changes"). Any such Changes will be effective immediately upon public posting without prior notice. And when you continue to use the website, it means you accept such Changes after public posting.
• When accessing our application, the Customer must ensure you are at least 15 years of age or access under a parent or legal guardian's supervision. Customers guarantee that you have fully the legal capacity of a natural person to establish and exercise and perform civil transactions in accordance with the prevailing regulations and laws.

Orders

• Annam Gourmet offers 3 platforms to place online orders: Ecommerce Application, Ecommerce Website and our hotline.
• Annam Gourmet has the right to refuse orders, notably in case of unpaid invoices or insolvency.
• Exact full name, address, and phone number are strictly requested.
• Customers shall be advised not to place the same orders on the application, website, and hotline parallelly.
• Customers must be responsible for checking and confirming the conditions, quality, and quantity of the items.
• Orders made over the weekend might take a bit longer to deliver according to the traffic
• Orders made outside business hours will be processed the next day
• In case of non-arrival or missing items, customers are advised to contact Annam Gourmet within 24 hours.
• In case customers need the goods urgently, please contact the store hotline to order directly, or visit the nearest store.

Payment 

Users are required to make full payment of the User Charges for all services offered in the Application by the method selected at the time of booking, which may be cash, or one of the automated payment methods available to you on the Application. 

• Automated payment may be made by credit card and or debit card, by GOURMET DISTRIBUTION CO., LTD, alternative e-Wallets or where available by such other methods as are made available in the Application. The terms of these non-cash payments made by you through the Application will be governed by the GOURMET DISTRIBUTION CO., LTD Terms of Use, accessible via the application.
• The currency unit for payment is Vietnam Dong (VND).
• Payment processed by foreign bank cards may incur exchange rate differences and extra fees according to the bank's regulations. Exchange rates are applied at the time of payment by customers.

Shipping

• Annam Gourmet makes every possible effort to ensure delivery to customers as soon as possible by delivery service.
• Discounted shipping fees will be applied to any orders above 1,000,000VND.
• Other delivery fees will be different, depending on the area. The specific fee will be shown when you proceed your order on the application

Return and refund

Reasons for accepting returns:

• The product return is only applicable in case the customer receives the product incorrectly with the order, or the product is defective from Annam Gourmet's side.
• Errors in quantity, information, and models compared with the orders.
• Error form: deformation, scratches, stains, cracks.
• Error due to manufacturer.

Conditions for accepting exchange and return:

• Customers need to provide pictures of the products to be returned for Annam Gourmet to check, verify, and review the return
• Damaged or defective products from Annam Gourmet
• Must be made within 24 hours since the purchase
• Original products and receipts must be presented
• Products have not been used and still have guarantee seal/stamp
• Accept to return at Ecom store which customer buy product only, can not buy product from this store but return on another Annam Gourmet

Cases of not accepting exchange and refund payment:

• For reasons of Food Safety & Security, we cannot accept exchanges: Fresh products, Spirit or those that have been bought on Promotion/ Discount.
• Damaged products, poor quality due to improper storage by customers
• The product has been stripped of the stamp, the wine bottle is cracked, and it no longer retains its original form.
• The product has expired 
• The customer dislikes the product 

Time of Supporting:

• The customer agrees that the product must be carefully checked for appearance and quantity when an employee or delivery service driver arrives. Customers have the right to refuse to receive the product if the error is from Annam Gourmet, and notify Annam Gourmet within 24 hours for assistance with handling, refunding, exchange or refund.
• Because of product characteristics, once the customer signs the product confirmation, the customer agrees that the product will not be exchanged for the product

Return processing procedure:

• Customers need to return the products at the same store you purchase the products.
• Customers need to bring the products to the store to conduct status verification.
• Processing time for exchange transactions within 2-5 working days from the date of receipt of the return request and verification of product status.
• The value of the product exchanged is equal to or higher than the value of the product purchased previously.
• If the product is accepted for exchange/return, please place a new order on the application with the product to be exchanged and proceed with payment.

Refund:

• Refund processing time depends on the processing time of the payment gateway unit and the payment bank. Usually, it will take 5-7 working days, or up to 45 working days depending on the domestic or international payment card, and counting from the date of receiving the customer's request.
• In case of cashback to foreign bank cards, rates and fees may apply at the time of refund and according to the bank's regulations.
• The customer will receive a refund of the order value in case the customer cancels the order incorrectly according to regulations and policies of Annam Gourmet

Price

• The selling price is detailed on the purchase invoice, effective at the time the customer places the order, and includes VAT.
• Delivery costs are charged for all orders except when the order qualifies for free shipping.

Warranty and after sales service

Data and information collecting:

• To make a transaction, customers need to register an account on the Annam Gourmet application and provide necessary personal information.
• It is the responsibility of the customer to ensure that the information is correct and accurate. Annam Gourmet will not be liable for damage or loss or legal responsibility arising from the Customer's inaccurate information.

Data storage and privacy:

• Customer information and transactions are stored and secured by Annam Gourmet's system.

Data usage:

Annam Gourmet has the right to use the information provided by the customer to:

• Make delivery according to the address provided by the customer.
• Update relevant information about offers, promotions or other announcements.
• Process orders and problems encountered at the request of the customer.
• Customers are responsible for keeping their account information secure and not sharing any information related to the account and password on the Annam Gourmet application.

Data Sharing:

• Annam Gourmet is committed to respecting privacy and the right to protect the personal information and payment information of customers. Annam Gourmet shall not share our customers’ information with any other company, except for third parties directly related to delivery, payment processing, reimbursement, etc.
• Additionally, Annam Gourmet can provide your personal information in the following truly necessary cases:
• As required by law.
• Share with advertising partners like Google for customer behavioral remarketing.
• Market research and analysis reports and absolutely do not pass to third parties.

Cookies usage:

• Annam Gourmet can automatically collect and store a number of information in the server log including details of how customers use and query Annam Gourmet services. Identifying customer accounts in the browser as well as handling errors, language, browser, etc.

Privacy and security

Purpose and scope of data collection

• The main data collection on the Annam Gourmet application includes first name, email address, phone number, address, date of birth. Such required information is mandatory for customers to provide before accessing the application content, involving when making purchases in order to comply with the alcohol commerce’s law on the online network, as well as ensuring the rights of consumers.
• Customers will be solely responsible for the security and retention of all users of the service under their registered name, password, and email inbox. In addition, it is the customer's responsibility to promptly notify us of the unauthorized use, abuse, security breaches, retention of third-party registration names and passwords for appropriate resolution

Scope of information use

We use the information customers provided to:

• Provide services and products to customers;
• Send notifications regarding information exchange activities between customers and the Annam Gourmet application.
• Prevent activities that destroy customer's user account or customer imitation activities;
• Contact and resolve customers in special cases.
• Do not use personal information of customers outside the purpose of confirmation and contact related to the operation at the Annam Gourmet application.
• In case of legal requirements: we are responsible for cooperation in providing customer’s personal information when requested from judicial authorities including Procuracies, courts, police agencies investigating related to certain law violations of customers. Other than that, no one has the right to infringe on the personal information of customers.

Information storage time period

• Customer Personal Data will be stored until a cancellation request is made. Apart from that, in any case, customer’s personal information will be kept confidential on the application. In case of information suspected to be fake, violating regulations, or in-active over 6 months, such information will be deleted.

People or organizations allowed to access the data

• The information requested by us during the consultation and purchase process will only be used to the full scope as section 2 of this Policy. Included customer support and providing authorities when required.
• Besides that, such information will not be disclosed to any other third party without the customer's consent.

Media and tools for users to access and edit their personal data.

• Customers can log into their accounts to adjust their personal information or send a request to us for assistance in checking, updating, adjusting, or canceling their personal information.
• Customers have the right to submit complaints about the disclosure of personal information to third parties to the Application Management. Upon receiving this feedback, we will reaffirm the data, be responsible for answering the reason, and instructing users to restore and secure the information.
• Hotline: 1900 63 64 31

Rewards Loyalty Program

As a member of the GOURMET DISTRIBUTION CO., LTD Loyalty Program, you will gain access to the E-Vouchers, promotions, discounts, free gifts, promotion codes and other benefits offered by the Company and/or third-party merchants as shown on the rewards catalog that is made available from time to time in the Application (“Rewards”). The Company may, at its sole and absolute discretion, award you Points which can be used to redeem for Rewards upon the completion of the qualifying transactions. You may earn points by such methods as are provided for by the Company from time to time.

The Company may, at its sole and absolute discretion, increase or decrease the rate of Points to be awarded for each selected transaction as may be notified to you from time to time. You shall not be entitled to request from the Company any explanation pertaining to the calculation methods (for crediting the Points) or other matters relating to the Points or discounts for whatsoever purposes.

You must use your Points earned to redeem for Rewards during their applicable validity period. There shall be no extension of time for the validity period of any unused Points. The Company shall have the right to deal with the expired Points in such manner as it deems fit in its absolute discretion. You agree that you will have no claim whatsoever against the Company for any expired Points.

Partnership Programs: The Company may periodically offer conversion of points to the points systems of partner rewards Programs, subject to the following:

• Upon completion of the points conversion transaction under such conversion, reversal of the conversion of points is not possible.
• The Company accepts no responsibility for errors in the crediting of points subject to such conversions, other than in relation to errors resulting from its own negligence.
• The conversion of points from the GOURMET DISTRIBUTION CO., LTD Rewards Loyalty Program to points under partner Program(s) is subjected to the partner’s terms and conditions. Once converted into partner Program points, the converted points are also subject to the partner’s terms and conditions
• Points have no cash or monetary value and are not redeemable for cash in any form. They cannot be purchased, resold or transferred, for value or otherwise, under any circumstances. Points shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances.
• If you comply with all these Terms of Use and have the required number of Points, you may select and redeem applicable Rewards via the Application. Your redemption of a Reward that is an e-voucher is subject to the additional terms and conditions of the Company or the third-party merchant (as the case may be) that offers the particular e-voucher that you wish to redeem.
• You must use your E-Vouchers redeemed during their applicable validity period. There shall be no extension of time for the validity period of any e-voucher redemption dates. You agree that you will have no claim whatsoever against the Company for any expired E-Vouchers.
• Rewards are not redeemable for cash nor are they exchangeable for other Rewards under any circumstances. They cannot be resold, exchanged or transferred for value under any circumstances. Rewards shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances.
• Points that you have successfully redeemed for a Reward cannot be exchangeable for another Reward under any circumstances. No requests for exchange of Rewards will be accepted.
• The Company may at its sole and absolute discretion and without prior notice to you, reject your request to redeem Points for any reason whatsoever, including without limitation, where

           There are insufficient Points to redeem for the particular Reward;

           The Reward is no longer made available or out-of-stock by the third party merchant

• The Points you wish to use for redemption of Rewards have been issued to you in error; The Company reasonably believes that that redemption transaction may be suspicious, illegal, involves any criminal activity or involves points that have been obtained through dishonest or fraudulent means or abusive behavior
• You may check your Points balance and redemptions made in the Application. Your Points balance and redemptions as set out in the Application shall serve as a conclusive evidence of the same.

The GOURMET DISTRIBUTION CO., LTD Rewards Loyalty Program offers three (3) membership tiers as follows:

• Silver: from 0 to 25 000 000 VND spent: you have access to the Friendly Actions.
• Gold: from 25 000 001 to 50 000 000 VND spent: you have access to the Community benefits, you will also receive a Birthday Gift from Annam Gourmet.
• Diamond: more than 50 000 001 VND spent: including all the benefits of the above levels with more special offers.

The benefits and privileges of each membership tier shall be as set out from time to time in the Application.

Upon your cessation to be a member of the GOURMET DISTRIBUTION CO., LTD Rewards Loyalty Program, all outstanding Points at such point of time shall be automatically canceled. Points should be redeemed before ceasing membership as once canceled, Points cannot be redeemed. No accumulation or carry over of Points will be permitted even if you subsequently reinstate your membership.

The Company reserves the right to hold the issuance of Points earned until the transaction, including payment, are completed. Points earned from purchases from Partners will only be issued if the good(s) and service(s) purchased are not returned, canceled or refunded.

Fraud, abuse of redemptions or any dishonest activities related to the GOURMET DISTRIBUTION CO., LTD 

Rewards Loyalty Program may result in the forfeiture of accumulated Points as well as, demotion of your membership tier, cancellation of your membership in the GOURMET DISTRIBUTION CO., LTD

Rewards Loyalty Program or termination of your account.

To the extent as permitted by applicable laws, the Company reserves the right at any time to:

• vary, modify or amend the terms and conditions of the GOURMET DISTRIBUTION CO., LTD Rewards Loyalty Program (including adding or deleting any terms);
• terminate or modify the GOURMET DISTRIBUTION CO., LTD Rewards Loyalty Program; 
• revoke, adjust and/or recalculate any Points awarded;
• change the number of Points required for redemption of specific Rewards or substitute any Reward with another of a similar value;
• change the number of Points that can be earned on spending on qualifying transportation services;
• modify the qualifications and eligibility for earning Points;
• modify the activities that earn Points;
• modify the methods used to calculate the number of Points to be awarded;
• withhold or cease the awarding of Points to you;
• modify the qualifying Points or other criteria for membership tier upgrades and renewals; and
• change or withdraw any benefits related to a particular membership tier; and/or
• change the duration taken for Points to expire without prior notice to you and at its sole discretion.

The Company may suspend the calculation and accrual of Points to rectify any errors in calculation or adjust the calculation as it reasonably deems fit without giving you prior notice or reason.

In all situations, the decision of GOURMET DISTRIBUTION CO., LTD is the final decision.

E-voucher

From time to time, GOURMET DISTRIBUTION CO., LTD may run marketing and promotional campaigns which offer voucher codes, discounts, subscription plans, or other promotional offers to be used on the Platforms (“E-Vouchers”). E-Vouchers are subject to validity periods, redemption periods, limits and/or availability. E-Vouchers may not be valid when used in conjunction with other promotions, discounts or other E-Vouchers. Additional terms and conditions may apply to E-Vouchers. Unless otherwise stated, E-Vouchers can only be used on our Platforms. E-Vouchers are non-transferable, non-exchangeable and non-refundable and cannot be exchanged for cash. GOURMET DISTRIBUTION CO., LTD reserves the right to withdraw, amend and/or alter any part of the terms and conditions of the promotions and subscriptions at any time without any prior notice. GOURMET DISTRIBUTION CO., LTD reserves the right to void, discontinue or disqualify any user from any promotion or subscription plan without prior notice to any user, in the event a user breaches any part of these Terms of Use.

Intellectual Property Ownership

GOURMET DISTRIBUTION CO., LTD and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Software and/or the Application and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. The Terms of Use do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, the Software and/or the Application, or any intellectual property rights owned by GOURMET DISTRIBUTION CO., LTD and/or its licensors. GOURMET DISTRIBUTION CO., LTD’s name, GOURMET DISTRIBUTION CO., LTD’s logo, the Service, the Software and/or the Application and the third party transportation providers’ logos and the product names associated with the Software and/or the Application are trademarks of GOURMET DISTRIBUTION CO., LTD or third parties, and no right or license is granted to use them. For the avoidance of doubt, the term the Software and the Application herein shall include its respective components, processes and design in its entirety.

Taxes

You agree that this Agreement is subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be applicable from time to time. You shall comply with all applicable laws and take all steps required to enable, assist and/or defend GOURMET DISTRIBUTION CO., LTD to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service.

Third Party Interactions

During use of the Service, you may enter into correspondence or transactions with third parties who display or offer their goods and/or service through the Platform or Application. Any such communication or agreement is strictly between you and the applicable third party and GOURMET DISTRIBUTION CO., LTD and its licensors shall have no liability or obligation for any such communication or agreement. Neither GOURMET DISTRIBUTION CO., LTD nor any of its affiliate companies endorses any applications or sites on the Internet that are linked through the Platform or Application, and in no event shall GOURMET DISTRIBUTION CO., LTD, its licensors or its affiliate companies be responsible for any content, products, services or other materials on or available from such sites or third party providers. Certain third party providers of transportation, goods and/or services may require your agreement to additional or different terms of use and privacy policies prior to your use of or access to such goods or services, and GOURMET DISTRIBUTION CO., LTD is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third party providers. You acknowledge that such additional or different terms of use and privacy policies may apply to your use of such third party services. GOURMET DISTRIBUTION CO., LTD is not liable for any information that you provide to or authorize us to provide to a third party, or for such third party’s collection, use and disclosure of such information.

GOURMET DISTRIBUTION CO., LTD may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue. You agree to receive such advertising and marketing. If you do not want to receive such advertising and marketing, please refer to our Privacy Policy for instructions to unsubscribe or update your privacy settings.. You agree and allow GOURMET DISTRIBUTION CO., LTD to compile and release information regarding you and your use of the Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party you interact with through the Service and/or advertising or marketing material supplied by third parties through the Service.

We may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties (“Third Party Links“). Such Third Party Links are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the content, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.

You acknowledge that the Application utilizes Google Maps and that by using the Application, you agree to comply with (1) the Google Maps/ Google Earth Additional Terms of Services at https://maps.google.com/help/terms_maps.html; (2) the Google Privacy Policy at https://www.google.com/policies/privacy/; and (3) the Google Acceptable Use Policy at https://cloud.google.com/maps-platform/terms/aup/. You further agree that when using the Application you shall not: 

• copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble or otherwise attempt to extract any of the source code of Google Maps; 
• sublicense, transfer or distribute Google Maps; 
• sell, resell or otherwise make Google Map available to a third party as part of a commercial offering that does not have material value independent of Google Maps; or 
• access or use Google Maps in a manner that is illegal or which is likely to result in a circumvention of any fees payable to Google.

Indemnification

By agreeing to the Terms of Use upon using the Service, you agree that you shall indemnify and hold GOURMET DISTRIBUTION CO., LTD, its licensors and each such party’s affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the Service, the Platform, Software and/or the Application in your dealings with the Third Party Providers or Users (as the case may be), third party merchants, providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Use, any third party terms and conditions or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including Third Party Providers or Users arranged via the Service, or (d) your use or misuse of the Service, the Platform, Software and/or the Application; and (e) where applicable your ownership, use or operation of any Vehicle, including your provision of Solutions to Users via the Service where applicable.

Disclaimer of Warranties

The Application, its content and any related service(s) is provided to you on an “as is” basis. GOURMET DISTRIBUTION CO., LTD makes no representations or warranties of any kind, express or implied, in connection with the Software, Application, Platform, Service, these Terms of Use, the content or any related service(s). Although we make reasonable efforts to keep the Application up-to-date, we make no representations, warranties or guarantees, whether expressed or implied, that such information is accurate, complete or up to date. We shall not be liable for any direct, indirect or consequent loss arising from the modifications or amendments to the Software, Application, Platform, Service, or Terms of Use.

GOURMET DISTRIBUTION CO., LTD makes no representation or warranty of any kind whatsoever, express or implied, in respect of Solutions provided by Third Party Providers or any Solutions procured through the use of the Service. You agree that you shall bear all risk arising out of your use of the Service and any Solution provided by Third Party Providers and shall have no recourse to GOURMET DISTRIBUTION CO., LTD in respect of the same.

Internet Delays

The service, platform, application and/or the software may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you or the third party transportation provider being faulty, not connected, out of range, switched off or not functioning. GOURMET DISTRIBUTION CO., LTD is not responsible for any delays, delivery failures, damages, or losses resulting from such problems.

Notice

GOURMET DISTRIBUTION CO., LTD may give notice through the Application, electronic mail to your email address in the records of GOURMET DISTRIBUTION CO., LTD, or by written communication sent by registered mail or pre-paid post to your address in the record of GOURMET DISTRIBUTION CO., LTD. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to GOURMET DISTRIBUTION CO., LTD (such notice shall be deemed given when received by GOURMET DISTRIBUTION CO., LTD) by letter sent by courier or registered mail to GOURMET DISTRIBUTION CO., LTD using the contact details as provided in the Application.

Assignment

This Terms of Use as modified from time to time may not be assigned by you without the prior written approval of GOURMET DISTRIBUTION CO., LTD but may be assigned without your consent by GOURMET DISTRIBUTION CO., LTD. Any purported assignment by you in violation of this section shall be void.

Dispute Resolution

This Terms of Use shall be governed by Vietnamese law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Terms of Use or the Service shall be referred to the Asian International Arbitration Centre (“AIAC”), in accordance with the Rules of the AIAC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of you and GOURMET DISTRIBUTION CO., LTD (the “Arbitrator”). If you and GOURMET DISTRIBUTION CO., LTD are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of AIAC in accordance with the Rules. The seat and venue of the arbitration shall be Ho Chi Minh City, in the Vietnamese language and the fees of the Arbitrator shall be borne equally by you and GOURMET DISTRIBUTION CO., LTD, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.

Relationship

Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, or other form of joint enterprise with GOURMET DISTRIBUTION CO., LTD.

Severability

If any provision of the Terms of Use is held to be invalid or unenforceable, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.

No Waiver

The failure of GOURMET DISTRIBUTION CO., LTD to enforce any right or provision in the Terms of Use shall not constitute a waiver of such right or provision.

Entire Agreement

This Agreement comprises the entire agreement between you and GOURMET DISTRIBUTION CO., LTD and supersedes any prior or contemporaneous negotiations or discussions.

Suspension and Termination

You agree that we may do any of the following, at any time, without notice: (i) to modify, suspend or terminate operation of or access to the Application, or any portion of the Application (including access to your Account and/or the availability of any products or services), for any reason; (ii) to modify or change any applicable policies or terms; and (ii) to interrupt the operation of the Application or any portion of the Application (including access to your Account and/or the availability of any products or services), as necessary to perform routine or non-routine maintenance, error correction, or other changes. We shall not be required to compensate you for any suspension or termination.

No Third Party Rights or Assignment

This agreement does not give rights to any third parties who are not party to this Agreement.