These Terms & Conditions ("Terms") govern your use of bordernex.com (the "Website"). By accessing or using the Website, you agree to these Terms. If you do not agree, please do not use the Website.
1. Who we are
The Website is operated by BorderNex, which consists of two companies:
- Thailand: [TO CONFIRM: legal entity name], registration no. [TO CONFIRM: registration no.], [TO CONFIRM: registered address], Bangkok, Thailand.
- Vietnam: [TO CONFIRM: legal entity name], registration no. [TO CONFIRM: registration no.], [TO CONFIRM: registered address], Ho Chi Minh City, Vietnam.
In these Terms, "BorderNex", "we", "us" and "our" refer to these companies. Services in the Philippines and the United Arab Emirates are delivered through partner networks, not through a BorderNex company in those countries.
2. Nature of our services
BorderNex provides Market Expansion as a Service for international brands entering Southeast Asia. Our services may include market entry strategy, business development, commercial and local representation, marketing coordination (branding, public relations, KOL and influencer programmes), distributor development, retail and e-commerce support, and coordination of local operations and fulfilment.
BorderNex acts as a service provider and coordinator. Unless a written agreement expressly states otherwise, BorderNex is not the importer of record, seller, purchaser, distributor or inventory owner of any client product. We do not take title to goods, and we do not act as a party to sales between a client and its distributors, retailers or customers. Any import, licensing, regulatory registration or sales activity is carried out by the client or by a third party engaged for that purpose.
The descriptions of services on the Website are general. The actual scope of services, fees, timelines, deliverables and commitments for any client are set out only in a separate written agreement signed by BorderNex and the client (a "Service Agreement"). If there is a conflict between these Terms and a Service Agreement, the Service Agreement prevails for the services it covers.
3. Use of the Website
You may use the Website for lawful business purposes and for learning about BorderNex. You agree not to:
- use the Website in a way that breaks any applicable law or regulation;
- submit false, misleading or fraudulent information through our forms;
- send spam, automated submissions or malicious code, or attempt to bypass our rate limiting or security measures;
- copy, scrape, mirror or reproduce the Website or substantial parts of it without our written permission;
- interfere with the operation of the Website or with other users' access to it.
We try to keep the information on the Website accurate and up to date, but we do not guarantee that it is complete, current or free of errors. Market information, case descriptions and examples are provided for general information only. They are not legal, tax, regulatory, financial or investment advice. You should obtain professional advice before making decisions about entering a market.
4. Enquiries and newsletter
Submitting a consultation request through the Website is an invitation to discuss your project. It is not an offer, and our reply is not an acceptance of any engagement. No contract for services is formed until a Service Agreement is signed by both parties. We may decline any enquiry at our discretion.
When you submit a form, you confirm that the information you provide is accurate and that you are authorised to provide it on behalf of your company.
If you subscribe to our newsletter, we will send you market insights by email a few times a year. You can unsubscribe at any time through the link in each email or at bordernex.com/unsubscribe/. How we handle your data is described in our Privacy Policy.
5. Intellectual property
The BorderNex name, logo, taglines and the design, text, graphics, images and other content of the Website are owned by BorderNex or its licensors and are protected by copyright, trademark and other intellectual property laws. You may view and print pages for your own business reference. You may not otherwise reproduce, modify, distribute or create derivative works from the Website content without our prior written consent.
Logos, trade names and trademarks of brands, distributors, retailers or other third parties shown on the Website remain the property of their respective owners. They are displayed to identify partners, markets or examples of work, and their display does not imply endorsement of BorderNex by those parties, or of those parties by BorderNex, beyond what is expressly stated.
6. Third-party links and services
The Website may contain links to third-party websites, platforms or services, including messaging apps and social media. These are provided for convenience only. We do not control third-party sites and are not responsible for their content, availability, privacy practices or terms. Use of a third-party site is at your own risk and subject to that site's terms.
The Website relies on third-party providers for hosting, database services, email delivery and fonts, as described in our Privacy Policy. We are not liable for interruptions caused by those providers.
7. Disclaimers
The Website is provided "as is" and "as available". To the extent permitted by law, we make no warranties, express or implied, about the Website, including warranties of merchantability, fitness for a particular purpose, accuracy or non-infringement. We do not warrant that the Website will be uninterrupted, secure or free of errors or viruses.
Nothing on the Website is a guarantee of any commercial result, market access, regulatory approval, sales volume or return. Market entry involves risk, and outcomes depend on many factors outside our control.
8. Limitation of liability
To the extent permitted by applicable law, BorderNex and its directors, employees, partners and agents will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profit, revenue, business, goodwill or data, arising from or in connection with your use of, or inability to use, the Website or its content.
To the extent permitted by applicable law, our total liability for any claim arising from use of the Website is limited to the amount, if any, that you paid to BorderNex for access to the Website, which is nil. This section does not limit liability for death or personal injury caused by negligence, for fraud, or for any liability that cannot be limited by law. Liability for services delivered to clients is governed by the relevant Service Agreement, not by these Terms.
9. Indemnity
You agree to indemnify BorderNex against claims, losses and reasonable costs arising from your breach of these Terms or your unlawful use of the Website, to the extent permitted by law.
10. Privacy
We handle personal data in accordance with our Privacy Policy, which explains what we collect, how we use it and the rights you have. By using the Website, you acknowledge that you have read the Privacy Policy.
11. Changes to these Terms
We may update these Terms from time to time. The "Last updated" date at the top shows the current version. Changes take effect when they are published on the Website. Your continued use of the Website after a change means you accept the updated Terms. Service Agreements are not changed by an update to these Terms.
12. Governing law and jurisdiction
These Terms are governed by the laws of [TO CONFIRM: Thailand or Vietnam], without regard to conflict-of-law rules. Any dispute arising from these Terms or the use of the Website will be subject to the exclusive jurisdiction of the courts of [TO CONFIRM: Thailand or Vietnam], unless mandatory consumer or local law gives you the right to bring a claim elsewhere. Before starting legal proceedings, the parties will attempt in good faith to resolve the dispute by discussion.
13. General
- If any part of these Terms is found to be invalid or unenforceable, the rest remains in effect.
- Our failure to enforce any right under these Terms is not a waiver of that right.
- These Terms are written in English. Translations are provided for convenience. If there is a conflict between versions, the English version prevails, unless local law requires otherwise.
14. Contact
If you have a question about these Terms, please contact us:
- Website contact form: bordernex.com/contact/
- Email: info@bordernex.com [TO CONFIRM: mailbox active]
A question about these Terms?
Use the contact form and the BorderNex team will come back to you.