Terms & Conditions
- Acceptance of Terms
- Welcome to JualJual's service (the "SERVICE"). The following sets forth the terms and conditions of the JualJual.co.id Terms and Conditions (this "Terms and Conditions") between you and an JualJual.co.id company ("JualJual.co.id") under which JualJual.co.id offers you access to the Service through the web site identified by the uniform resource locator www.jualjual.co.id (the "Site").
- JualJual.co.id may amend this Terms and Conditions at any time by posting the amended and restated Terms and Conditions on the Site. The amended and restated Terms and Conditions shall be effective immediately upon posting. This Terms and Conditions may not otherwise be modified except in writing by an authorized officer of JualJual.co.id.
- The Service
- The Service will be offered free-of-charge for an unspecified time period unless terminated in accordance with the terms of this Terms and Conditions.
- The Service will have the following core features (which may be added to or modified, or suspended for scheduled or unscheduled maintenance purposes, from time to time at the sole discretion of JualJual.co.id and notified to you)
- Company Profile - allows each Member to display and edit basic information about its business, such as year and place of establishment, estimated annual sales, number of employees, and products and services offered, etc.
- Products and Services - allows each Member to display and edit descriptions, specifications and images of at least 20 products and services altogether.
- Buyer Trade Lead Posting - allows each Member to post on the Site for public display offers to buy products and services from other users of the Site.
- Seller Trade Lead Posting - allows each Member to post on the Site for public display offers to sell products and services altogether of the Member.
Each Member hereby represents, warrants and agrees to :
(a) provide true, accurate, current and complete information about itself and its business references as may be required by JualJual.co.id and
(b) maintain and promptly amend all information to keep it true, accurate, current and complete. Each Member hereby grants an irrevocable, perpetual, worldwide and royalty-free, sublicensable (through multiple tiers) license to JualJual.co.id to display and use all information provided by such Member in accordance with the purposes set forth in this Terms and Conditions and to exercise the copyright, publicity, and database rights you have in such material or information, in any media now known or not currently known.
Each Member hereby represents, warrants and agrees that the use by such Member of the Service and the Site shall not:
- contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
- be part of a scheme to defraud other Members or other users of the Site or for any other unlawful purpose;
- infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity and privacy or other legitimate rights;
- impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
- violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- contain information that is defamatory, libelous, unlawfully threatening or unlawfully harassing;
- contain information that is obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation;
- involve attempts to copy, reproduce, exploit or expropriate JualJual.co.id's various proprietary directories, databases and listings;
- involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information; and
- involve any scheme to undermine the integrity of the computer systems or networks used by JualJual.co.id and/or any user of the Service and no Member shall attempt to gain unauthorized access to such computer systems or networks;
- link directly or indirectly to or include descriptions of goods or services or other materials that violate any law or regulation or are prohibited under this Terms and Conditions; or
- otherwise create any liability for JualJual.co.id or its affiliates.
Each Member represents, warrants and agrees that with regards to information about or posted on behalf of any business referee, it has obtained all necessary consents, approvals and waivers from its business partners and associates
(a) act as such Member's business referee;
(b) to post and publish their contact details and information, reference letters and comments on their behalf; and
(c) that third parties may contact such business referees to support claims or statements made about the Member. Each Member further warrants that all reference letters and comments are true and accurate and hereby waives all requirements for such Member's consent to be obtained before third parties may contact the business referees.
- Member shall not take any action which may undermine the integrity of JualJual.co.id's feedback system, such as leaving positive feedback for himself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another Member.
- Each Member acknowledges and agrees that JualJual.co.id shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or other material or information created, obtained or accessible through the Service. JualJual.co.id does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Member. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
- Each Member represents, warrants and agrees that it has obtained all necessary third party licenses and permissions and shall be solely responsible for ensuring that any material or information it posts on the Site or provides to JualJual.co.id or authorizes JualJual.co.id to display does not violate the copyright, patent, trademark, trade secrets or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights. Each Member further represents, warrants and agrees that it has the right and authority to sell, distribute or offer to sell or distribute the products described in the material or information it posts on the Site or provides to JualJual.co.id or authorizes JualJual.co.id to display.
- If any Member breaches the representations, warranties and covenants of paragraphs 3.1, 3.2, 3.3, 3.4, 3.5 or 3.6 above, or if JualJual.co.id has reasonable grounds to believe that such Member is in breach of such representations, warranties and covenants, or if upon complaint or claim from any third party, JualJual.co.id has reasonable grounds to believe that such Member has willfully or materially failed to perform its contract with such third party including without limitation where the Member has failed to deliver any items ordered by such third party after receipt of the purchase price, or where the Member has delivered the items that materially fail to meet the terms and descriptions outlined in its contract with such third party, JualJual.co.id has the right to suspend or terminate the Service and all Terms and Conditions with respect to such Member without any compensation, and refuse any and all current or future use of the Service or any other services that may be provided by JualJual.co.id. Further, JualJual.co.id reserves the right in it sole discretion to remove any material it reasonably believes that is unlawful, could subject JualJual.co.id to liability, violates this Terms and Conditions or is otherwise found inappropriate in JualJual.co.id's opinion. JualJual.co.id reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, JualJual.co.id may disclose the Member's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and JualJual.co.id shall not be liable for damages or results thereof and Member agrees not to bring any action or claim against JualJual.co.id for such disclosure. In connection with any of the foregoing, JualJual.co.id may suspend or terminate the Account of any Member as JualJual.co.id deems appropriate in its sole discretion.
- Each Member agrees to indemnify JualJual.co.id, its employees, agents and representatives and to hold them harmless, from any and all losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from its submissions, posting of materials or deletion thereof, from such Member's use of the Service or from such Member's breach of this Terms and Conditions. Each Member further agrees that JualJual.co.id is not responsible, and shall have no liability to it or anyone else for any material posted by such Member or third parties, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each Member. JualJual.co.id reserves the right; at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with J in asserting any available defenses.
- Through the Site, JualJual.co.id provides an electronic web-based platform for exchanging information between buyers and suppliers of products and services. JualJual.co.id does not represent the seller nor the buyer in specific transactions and does not charge any commissions from completing any transactions. As a result, JualJual.co.id does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Site or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase.
- Members are hereby made aware that there may be risks of dealing with people acting under false pretences. JualJual.co.id uses several techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, JualJual.co.id cannot and does not confirm each user's purported identity. We encourage you to use the various tools available on the Site, as well as common sense, to evaluate with whom you are dealing.
- Each Member acknowledges that it is fully assuming the risks of purchase and sale transactions when using the Site to conduct transactions. Such risks shall include, but not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents. Each Member agrees that JualJual.co.id shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any transaction risks.
- Members are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
- In the event that any Member has a dispute with any party to a transaction, such Member agrees to release and indemnify JualJual.co.id (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
- JualJual.co.id provides its Members use of discussion boards on the Site free of charge to promote and encourage open, honest and respectful communication between all of our Members. The discussion boards on the Site shall not be used as a marketing platform by Members and Members shall not post any information relating to trade leads, promotion of their products or their company profile.
- Each Member acknowledges that all data, text, software, music, sound, photographs, graphics, video, messages or other materials ("content"), whether publicly posted or privately transmitted through a discussion board on the Site, are the sole responsibility of such Member from whom the content originated. This means that the posting Member, and not JualJual.co.id, is entirely responsible for all content that is uploaded or posted via our discussion boards on the Site. JualJual.co.id does not control the content posted via discussion boards and therefore does not guarantee the accuracy, integrity or quality of such content.
- JualJual.co.id reserves the right to delete or edit any postings in its sole discretion without prior notice. JualJual.co.id may monitor posting activities of any Member who is in breach of this Terms and Conditions and may restrict their ability to post messages on the discussion boards on the Site. Under no circumstances will JualJual.co.id be liable in any way for any content, including (without limitation) any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of the discussion boards by such Member. Each Member agrees to evaluate and bear all risks associated with the use of any content including any reliance on its accuracy or completeness. Each Member understands that by using the JualJual.co.id discussion boards on the Site, such Member may be exposed to content that is offensive, indecent or objectionable.
Without prejudice to each Member's responsibilities under Clause 3 of this Terms and Conditions, each Member agrees not to use the discussion boards on the
(a) upload, post or e-mail any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or disguise the origin of any content;
(d) stalk or otherwise harass another;
(e) collect or store personal data about other users;
(f) upload, post or e-mail any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
(g) upload, post or e-mail any content that infringes any intellectual property rights or other legitimate rights of any party;
(h) upload, post or e-mail any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", or any other form of solicitation;
(i) upload, post or e-mail any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
(j) upload, post or e-mail any content that contains a complaint regarding JualJual.co.id's services or refers to such a complaint on the Site or to any other Members; any such complaint must be directed to the customer service e-mail on the Site; or
(k) violate any applicable national or internal laws or regulations.
- Each Member acknowledges that JualJual.co.id does not pre-screen content but that JualJual.co.id shall have the right (though not the obligation) in its sole discretion to move, modify or remove any content that is posted or uploaded on the discussion boards on the Site.
- Each Member grants to JualJual.co.id a perpetual, world-wide, royalty-free irrevocable, non-exclusive licence (including the right to sub-license through multiple tiers) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any content (in whole or part) such Member uploaded, posted or e-mailed and/or to incorporate such content in other works in any form, media or technology now known or developed.
- Each Member shall indemnify and hold JualJual.co.id and its subsidiaries, affiliates, employees, officers, agents or partners harmless from and against any direct or indirect loss or damage (including consequential loss and loss of profits, goodwill or business opportunities) arising from any third party claim in relation to any content such Member uploaded, posted or e-mailed on or through the discussion boards on the Site, such Member's use of the discussion boards on the Site, or such Member's breach of the provisions set out in Clause 5.4.
- On being made aware of any such breaches, JualJual.co.id may ban, delete or prohibit any content that relates to those breaches or that JualJual.co.id in its sole discretion consider to be harmful to the public or the rights of JualJual.co.id or any of its affiliates, licensors, partners or Members.
JualJual.co.id reserves the right to take whatever action it deems necessary to prevent a Member's breach of Clause 5.4 including the following:
(a) issue a warning letter to the relevant Member (where the breaches are deemed by JualJual.co.id to be minor); or
(b) ban the relevant Member from discussion boards on the Site (where the breaches are deemed by JualJual.co.id to be major). All incidents will be logged and JualJual.co.id's decision shall be final in all such cases.
(c) All information and/or other content posted on the Site by the JualJual.co.id service team or by Members or third party partners is supplied for information purposes only and shall not under any circumstances be construed as legal and/or business advice or a legal opinion. Members are encouraged to seek independent professional advice in such situations.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND JUALJUAL.CO.ID HEREBY EXPRESSLY DISCLAIMS ANY
AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, JUALJUAL.CO.ID MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE.
Any material downloaded or otherwise obtained through the use of the Service is done at each Member's sole discretion and risk and each Member is solely
responsible for any damage to its 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 any Member from JualJual.co.id or through or from the Service shall create any warranty not expressly stated in this Terms and
Under no circumstances shall JualJual.co.id be held liable for an delay or failure or disruption of the Service resulting directly or indirectly from acts
of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other
equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires,
flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
JualJual.co.id shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including
but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort or otherwise
or any other damages resulting from any of the following:
- the use or the inability to use the Service;
any defect in goods, samples, data, information or services purchased or obtained from a Member or a third-party service provider through the Site;
unauthorized access by third parties to data or private information of any Member;
statements or conduct of any user of the Site; or
any other matter relating to the Service however arising, including negligence.
- JualJual.co.id is the sole owner or lawful licensee of all the rights to the Service. The Service embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Service shall remain with JualJual.co.id or its affiliates. All rights not otherwise claimed under this Terms and Conditions or by JualJual.co.id are hereby reserved.
- JualJual.co.id and related icons and logos are registered trademarks or trademarks or service marks of JualJual.co.id and related icons and logos are registered trademarks or trademarks or service marks of JualJual.co.id in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
- This Terms and Conditions constitute the entire agreement between the Member and JualJual.co.id with respect to and governs the use of the Service, superseding any prior written or oral agreements in relation to the same subject matter herein.
- JualJual.co.id and the Member are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Terms and Conditions.
- If any provision of this Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
- Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
- JualJual.co.id's failure to enforce any right or failure to act with respect to any breach by a Member under this Terms and Conditions will not waive that right nor waive JualJual.co.id's right to act with respect with subsequent or similar breaches.
- JualJual.co.id shall have the right to assign this Terms and Conditions(including all of its rights, titles, benefits, interests, and obligations and duties in this Terms and Conditions) to any person or entity. (including any affiliates of JualJual.co.id). The Member may not assign, in whole or part, this Terms and Conditions to any person or entity.