Terms
of Service Agreement
This
Agreement describes the terms and conditions
applicable to your use of
Okypanditabali.Com Online
Catalogue Product, a global business-to-business
arts and crafts electronic trading community.
PLEASE
READ THIS AGREEMENT CAREFULY !
THE
FOLLOWING DESCRIBES TERMS AND CONDITIONS
ON WHICH Wakebali OFFERS YOU ACCESS TO THE
CATALOGUE PRODUCT.
1.
Acceptance of Terms :
By accessing the Product Catalogue and/or
completing the registration process, you
agree to the terms and conditions of this
Agreement, which Okypanditabali.Com in its discretion
may change from time to time. We will post
a notice on our website to inform you of
any changes to the Terms. If you do not
agree to the changes, you must discontinue
using the Catalogue Product. The changed
terms shall automatically be effective immediately
after they are initially posted on the homepage
of our site. Your continued use of the catalogue
product will signify your acceptance of
the changed terms unless explicitly stated
otherwise. Any new features that augment
or enhance the Catalogue Product shall be
subject to this Agreement. This Agreement
may not be otherwise modified except in
writing signed by an authorized officer
of Okypanditabali.Com
2.
Qualification :
The Catalogue Product is only available
to individuals or companies who can form
legally binding contracts under applicable
law. Thus, you must be at least 18 years
of age to use the Catalogue Product. The
Catalogue Product is not available to residents
of countries restricted from conducting
business with the Republic of Indonesia
under under Indonesian trade regulations.
If you do not qualify, please do not use
the Catalogue Product. Okypanditabali.Com may,
in its sole discretion, refuse access to
the Catalogue Product to anyone at any time.
The Catalogue Product is not available to
temporarily or indefinitely suspended
Okypanditabali.Com
members.
3.
Fees :
Joining Okypanditabali.Com and the use of the
Catalogue Product is free ! We reserve the
right to charge fees for the Catalogue Product
upon notice to your pursuant to paragraph
1. You are responsible for paying all applicable
taxes and duties and for all hardware, software
service and other costs you incur to access
our servers. Okypanditabali.Com reserves to right
to apply fees or charges in the event that
members request services beyond the scope
of the Catalogue Product basic services.
4.
Okypanditabali.Com is a Catalogue Product :
Our site acts as a venue for members to
locate companies to trade with and to negotiate
the exchange of goods and service. The extend
of our participation is limited to a communication
intermediary. We do not participate in the
actual transaction between buyers and sellers
and are not party to a contract for sale
negotiated between buyers and sellers. As
a result we have no control over the quality,
safety or legality of the items being traded
and the ability of buyers or sellers to
fulfill their obligations in a trade agreement.
While we do conduct a pre-qualification
of our registered suppliers, we depend on
the to submit accurate data and actual graphic
images of the items they wish to post on
the Catalogue Product. Our suppliers are
selected solely on the basis of
Okypanditabali.Com's
assessment and perception of product quality
and uniqueness. While we have conducted
a site inspection of our registered suppliers
business premises and interviewed a principal
officer of the business, we do not guarantee
performance on any transaction. It is our
opinion that mutual goodwill is one of the
most critical success factors in a commercial
transaction and the supplier and buyer must
make this assessment independently.
5.
Your information :
"Your information " includes any
information or other materials you provide
to us or other users during the registration,
negotiation or trading processes, in any
public massage area or through any e-mail
feature. You are solely responsible for
your Information. We act solely as an intermediary
for the online distribution and publication
of Your Information. We may take any action,
however, with respect to Your Information
we deem necessary or appropriate in our
sole discretion if we believe it may create
liability for us, our ISPs or other members.
5.1.
Registration Obligations :
If you register with us, you agree to provide
and maintain, accurate, current and complete
information about yourself or company as
prompted by the member registration form
at :
http://www.Okypanditabali.Com If you provide
any information that is untrue, inaccurate,
not current or incomplete,
Okypanditabali.Com
has reasonable grounds to suspect that such
information is untrue, inaccurate, not current
or incomplete Okypanditabali.Com has the right
to suspend or terminate your registration
and refuse any and all current of future
use of the Catalogue Product ( or any portion
thereof ). If you have registered with us
on behalf of a company or other entity,
you represent and warrant that you have
the authority to bind such company or other
entity to the terms.
5.2.
Member ID, Password and Security :
During the registration procession you will
select a Member ID and Password. You are
solely responsible for maintaining the confidentiality
of your Member ID and Password for all activities
that occur under your Member ID and password.
You agree to immediately notify
Okypanditabali.Com
of any unauthorized use of your Member ID
or password or any other breach of security
and ensure that you properly exit the web
site at the end of each session. You may
not disclose your Password to any third
parties or use your Password for any unauthorized
purpose.
5.3. Rules About " Your Information"
:
You agree that Your Information on
Okypanditabali.Com
| |
5.3.1.
Will not be fraudulent or involve
the sale of counterfeit or stolen
items;
5.3.2.
Will not infringe any third party's
copyright, patent, trademark, trade
secret or other proprietary rights
or rights of publicity or privacy;
5.3.3.
Will not violate any law, statute,
directive, ordinance or regulation
( including without limitation those
governing export control, consumer
protection, unfair competition, anti-discrimination
or false advertising );
5.3.4.
Will not be defamatory, trade libelous,
unlawfully threatening or unlawfully
harassing;
5.3.5.
Will not be obscene or contain child
pornography;
5.3.6.
Will not contain any viruses, Trojan
horses, worms, time bombs or other
computer programming routines that
are intended to damage, detrimentally
interfere with, surreptitiously intercept
or expropriate any system, data or
personal information; and ;
5.3.7.
Will not link directly or indirectly
to or include descriptions of goods
or services that ; ( 1 . ) are prohibited
under this Agreement ; or ( 2. ) you
do not have are right to link to or
include.
5.3.8.
You also agree not to use the Catalogue
Product in connection with; (1.) chain
letters, junk e-mail, spamming or
any duplicative or unsolicited massages;
(2.) to collect e-mail addresses and
other information about others without
their consent ; or ( 3. ) to create
false e-mail addresses or otherwise
attempt to mislead others as to the
identify of the sender or the origin
of a massage.
|
5.4.
Prohibited Transaction :
You may not post on our site or trade through
our site; any ( 1.) items that could cause
use to violate any applicable law, statue,
ordinance or regulation, or (2.) item that
is currently on Okypanditabali.Com Prohibited
Items List and incorporate herein by reference,
which may be updated from time to time.
6.
The License You Grant To Us :
You grant to us the non-exclusive, worldwide,
perpetual, irrevocable, royalty-free right
( with the right to sub-license ) to use,
reproduce, modify, adapt, publish, translate,
create derivative works from, distribute,
perform and display ( in whole or in part
) Your information, and/or to incorporate
Your Information in other works in any form,
media, or technology now known or later
developed.
7.
Privacy :
Please note that when you voluntarily disclose
Your Information in Okypanditabali.Com's trading
areas, Your Information is collected and
disseminated to buyers or sellers and may
be used by others. While
Okypanditabali.Com does
not share Your Information with third parties
not related to the Catalogue Product, you
may receive unsolicited messages from other
parties if you post personal information
online that is accessible to the public.
Okypanditabali.Com takes reasonable precautions
to protect the confidentiality of your information.
However, Okypanditabali.Com is not responsible
for the unauthorized disclosure of your
information. Not withstanding in accordance
with our Privacy Policy. The Complete terms
of our Privacy Statement are part of this
Agreement so you should read it.
8.
The Commercial Process
8.1.
Merchant Product Listings :
Product listings are text descriptions,
graphics and / or pictures on Wakebali .com
website supplied by registered merchants
that either (.1 ) describe a product the
registered merchant wants to trade, or (.2
) describe a product the registered member
( other than the merchant ) is seeking.
Okypanditabali.Com is not responsible for the
accuracy of the basic content or data supplied
by registered merchants. However,
Okypanditabali.Com
does provide guidance to merchant regarding
merchandising their product in the Catalogue
Product and requires that the merchant provide
fixed item descriptions, item codes, specifications,
prices. As a service to registered merchants
and to ensure consistency for cataloging
purposes Okypanditabali.Com inputs all the data
provide by the merchant in the format received
from the merchants. It should be noted that
Okypanditabali.Com requires strict compliance
with set standards for product data submitted
by merchants. Okypanditabali.Com does not guarantee
that the merchant data is true or accurate,
however, we do follow a strict procedure
and logical analysis in date collection
and input.
8.2.
Negotiating a Trade :
Buyers and seller on Okypanditabali.Com negotiate
with each other, with or without the assistance
of Okypanditabali.Com personnel, by exchanging
information, and formulating offers and
counteroffers. Once you have clicked the
" Accept " button, you have accepted
an offer. Acceptance of an offer or counter
offer by all parties constitutes of obligation
for all parties involved to complete the
transaction, and failure to do so will result
in a claim for breach. You agree to negotiate
in good faith and to comply with general
legal principles regarding contracts for
the sale of goods. Acceptances and offers
are not retractable except in exceptional
circumstances.
8.3.
Disputes or Claim Resolution :
In the event that a dispute or claim arises
between one or more Okypanditabali.Com community
members, you release Okypanditabali.Com ( and
our agents and employees ) from any claims,
demands and damages ( actual and consequential
) of every kind and nature arising out of
or in any way connected with such disputes.
8.4.
No Trade Manipulation ;
You agree that use a secondary account or
third party to manipulate the outcome of
a negotiation with a seller or another trader.
8.5. System Integrity :
You agree that you will not use any device,
software or routine to interfere or attempt
to interfere with the proper working of
the Wakebali .com site or any trade being
conducted on our site. You may not take
any action, which imposes an unreasonable
or disproportionately large load our infrastructure.
8.6.
No Commercial Exploitation :
You agree that you may not commercially
exploit any information, including but not
limited to, copying any information displayed
on the Wakebali. Com website without prior
written authorization from an authorized
officer of Okypanditabali.Com
9.
Termination :
You agree that Okypanditabali.Com, in its sole
discretion, may terminate your password,
account ( or any part thereof ) or use the
Catalogue Product, and remove and discard
Your Information within the Catalogue Product
for discontinue providing the service, or
any part thereof, with or without notice.
You agree that any termination of you access
to the Catalogue Product under any provision
of this Agreement may be effected without
prior notice, and acknowledge and agree
that Okypanditabali.Com may immediately deactivate
or delete your account and all related information
and files in your account and/or bar any
further access to such files or the Catalogue
Product. Further, you agree that
Okypanditabali.Com
shall not be liable to you or any third
party for any termination of you access
to the Catalogue Product. Paragraphs 11,
12, and 13 shall survive any termination
of this Agreement.
10.
Breach :
If you breach this Agreement or if we are
unable to verify or authenticate any information
you provide to us, we may immediately issue
a warning, temporarily suspend , indefinitely
suspend or terminate your membership, any
of you current listings or registration
information, and any other information you
place on the site.
11.
The Catalogue Product Is Provided "
As Is. ":
While we strive to make your visit to the
Okypanditabali.Com. Catalogue Product pleasant
and trouble free, unfortunately, we cannot
always foresee or anticipate technical or
other difficulties. These difficulties may
result in loss of data or other Catalogue
Product interruptions. For this reason,
you expressly understand and agree that
your use of the Catalogue Product is AT
YOUR OWN RISK. The Catalogue Product is
provided on an " As Is" and As
Available" basis. Okypanditabali.Com expressly
disclaims all warranties of any kind, whether
express or implied, including, but not limited
to, the implied warranties of merchantability,
fitness for a particular purpose and non
infringement. Wakebali. Com makes no warranties
that :
11.1
: the Catalogue Product will meet your requirements
11.2
: the Catalogue Product Catalogue Product
will be uninterrupted, timely, secure or
error-free:
11.3
: the results that may be obtained from
the use of the Catalogue Product, including
results or information provided by third
party sources, will be accurate or reliable
; and
11.4: the quality of any products, services,
information, or other material purchased
or obtained by you through the Catalogue
Product will meet your expectations. Any
material downloaded or otherwise obtained
through the use of the Catalogue Product
is done at your own discretion and risk,
and you will be solely responsible for any
damage to your computer system or loss of
data that results from the download of any
such material. No advice or information,
whether oral or written, obtained by from
Okypanditabali.Com or trough or from the Catalogue
Product shall create any warranty not expressly
stated in the Agreement.
12.
Limitation Of Liability :
You expressly understand and agree that
Okypanditabali.Com shall not be liable for any
direct, indirect, incidental, special, consequential
or exemplary damage, including, but not
limited to, damages for loss of profits,
goodwill, use, data, or other intangible
losses ( even if Okypanditabali.Com has been advised
of the possibility of such damages) resulting
from;
12.1
: the use or the inability to use the Catalogue
Product;
12.2 : the cost of procurement of substitute
goods and services resulting from any good
, data, information, or services purchases
or obtained or massages received or transactions
entered into through or from the Catalogue
Product:
12.3
: unauthorized access to or alteration of
your transmissions or data;
12.4
: statements or conduct of any third party
on the Catalogue Product; or
12.5
: any other matter relating to the Catalogue
Product.
13.
Indemnity :
You agree to indemnity and hold
Okypanditabali.Com
and our Subsidiaries , affiliates, officer,
directors, agents, and employees, harmless
from any claim or demand ( including legal
expenses of other professionals ) made by
a third party due to or arising out of your
breach of this Agreement, Your Information
or your violation of any law or the rights
of a third party.
14.
Legal Compliance :
You shall comply with all applicable laws,
directives, statutes,ordinances and regulations
regarding your use of the Catalogue Product
and your bidding on, listing, purchase and
sale of items, including, but not limited
to, complying with all applicable laws regarding
the transmission of technical data exported
from the United States or the Country in
which you reside.
15.
No Agency :
You and Bali Mercandise.Com are independent
contractors, and no agency, partnership,
join venture employee-employer or franchiser-franchiser
relationship is intended or created by this
Agreement.
16.
Advertising and Financial Service :
Your correspondence or business dealings
with, or participation in promotion of,
advertisers found on or through the Catalogue
Product, including payment and delivery
of related goods or services, and any other
terms, conditions, warranties representations
associated with such dealings, a solely
between you and such advertiser. You agree
that Okypanditabali.Com shall not be responsible
or liable for any loss or damage of any
sort incurred as the result of any sort
incurred as the result of any such dealings
or as the result of the presence of such
advertisers on the Catalogue Product.
17.
Links :
The Catalogue Product may provide, or third
parties my provide, links to other World
Wide Web site or resources, Because
Okypanditabali.Com
has no control over such sites and resources,
you acknowledged and agree that
Okypanditabali.Com
not responsible for the availability of
such external sites or resources, and does
not endorse and is not responsible or liable
for any content, advertising, product, or
other material on or available from such
sites or resources. You further acknowledged
and agree that Okypanditabali.Com shall not be
responsible or liable directly or indirectly,
for any damage or loss caused or alleged
to be caused by in connection with use of
or reliance on any such content, goods or
services available on or through any such
site or resource.
18.
Notices :
Except as explicitly stated otherwise, any
notices shall be given by e-mail to Info@Okypanditabali.com
( in the case of Okypanditabali.Com ) or to the
e-mail address you provide to
Okypanditabali.Com
during the registration process ( in you
case ), or such other address as a party
shall specify. Notice shall be deemed given
twenty-four ( 24 ) hours after e-mail is
sent, unless the sending party is notified
that the e-mail address is invalid. Alternatively,
we may give you notice by certified mail,
postage prepaid and return receipt requested,
to the address provided to
Okypanditabali.Com
during the registration process. In such
case, notice shall be deemed given three
(3) days after the date of mailing.
19.
Force Majeure :
Okypanditabali.Com shall not be liable to you
for delays or failure in performance resulting
for causes beyond our reasonable control,
including, but not limited to, acts of god
( natural disasters ), labor disputers or
disturbances, material shortages or rationing,
riots, acts of war, governmental regulations,
communication, of utility failures, or casualties.
20.
Miscellaneous :
The Agreement constitutes the entire Agreement
between you and Okypanditabali.Com and governs
your use the Catalogue Product, superseding
any prior written or oral Agreements between
you and Okypanditabali.Com. The Agreement shall
be governed in all respects by the laws
the Republic of Indonesia without regards
to its conflict of law provisions. If any
provisions of this Agreements is held to
be invalid or unenforceable, such provisions
shall be struck and the remaining provision
shall be enforced. Our failure to act with
respect to be a breach by you or others
does not waive our right to act with respect
to subsequent or similar breaches. Pursuant
to the terms and conditions of the Agreement.
21.
Governing Law:
The Agreement, the rights and obligations
there under, and all actions contemplated
thereby shall be governed by the laws of
the Republic of Indonesia.
Wakebali
.com hereunder offers the Catalogue Product
services.
For more information, please email us at
info@okypanditabali.com
