RajaCraft.com Marketplace
Terms of Service Agreement
(Updated on September 21, 2001)
This Agreement ("the Agreement")
describes the terms and conditions applicable to your use
of Rajacraft.com Online Marketplace (the Marketplace"), where
Rajacraft.com and its affiliates provide services of arts
and crafts in Electronic Trading Community.
PLEASE READ
THIS AGREEMENT CAREFULLY!
THE FOLLOWING DESCRIBES THE TERMS
AND CONDITIONS ON WHICH RAJACRAFT.COM OFFERS YOU ACCESS TO
THE MARKETPLACE.
1. Acceptance of Terms:
By accessing the Marketplace and/or completing the registration
process, you agree to the terms and conditions of this Agreement,
which RajaCraft.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 Marketplace. The changed Terms
shall automatically be effective immediately after they are
initially posted on the homepage of our site. Your continued
use of the Marketplace will signify your acceptance of the
changed Terms unless explicitly stated otherwise. Any new
features that augment or enhance the Marketplace shall be
subject to this Agreement. This Agreement may not be otherwise
modified except in writing signed by an authorized officer
of RajaCraft.com.
2. Qualification: The Marketplace
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 Marketplace. The
Marketplace is not available to residents of countries restricted
from conducting business with the Republic of Indonesia under
Indonesian trade regulations. If you do not qualify, please
do not use the Marketplace. RajaCraft.com may, in its sole
discretion, refuse access to the Marketplace to anyone at
any time. The Marketplace is not available to temporarily
or indefinitely suspended RajaCraft.com members.
3. Fees: Joining RajaCraft.com
and the use of the Marketplace are free! We reserve the right
to charge fees for the Marketplace upon notice to you pursuant
to Item 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. RajaCraft.com reserves
the right to apply fees or charges in the event that members
request services beyond the scope of the Marketplace basic
services.
4. 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 message 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.
4.1 Registration Obligations:
If you register with us, you agree to provide and maintain
true, accurate, current and complete information about yourself
or company as prompted by the member registration form at
http://www.RajaCraft.com/xxxxxx/xxxxxx. If you provide any
information that is untrue, inaccurate, not current or incomplete,
RajaCraft.com has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete.
RajaCraft.com has the right to suspend or terminate your
registration and refuse any and all current or future use
of the Marketplace (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.
4.2 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 RajaCraft.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.
4.3 Rules About "Your Information":
You agree that Your Information on RajaCraft.com:
4.3.1: will not be
fraudulent or involve the sale of counterfeit or stolen
items;
4.3.2: will not
infringe any third party's copyright, patent, trademark,
trade secret or other proprietary rights or rights of
publicity or privacy;
4.3.3: 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);
4.3.4: will not be defamatory, trade libellous,
unlawfully threatening or unlawfully harassing;
4.3.5: will not be obscene or contain child pornography;
4.3.6: 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
4.3.7: 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 a right to link to or include.
4.3.8: you also agree not to use the Marketplace
in connection with: (1) chain letters, junk e-mail,
spamming or any duplicative or unsolicited messages; (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 identity of the sender or the origin
of a message.
4.4 Prohibited Transactions:
You may not post on our site or trade through our site;
any (1) items that could cause use to violate any
applicable law, statute, ordinance or regulation, or (2)
item that is currently on RajaCraft.com's Prohibited Items
List and incorporate herein by reference, which may be updated
from time to time.
5. 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.
6. Privacy: Please note
that when you voluntarily disclose Your Information in RajaCraft.com's
trading areas, Your Information is collected and disseminated
to buyers or sellers and may be used by others. While RajaCraft.com
does not share Your Information with third parties not related
to the Marketplace, you may receive unsolicited messages from
other parties if you post personal information online that
is accessible to the public. RajaCraft.com takes reasonable
precautions to protect the confidentiality of Your Information.
However, RajaCraft.com is not responsible for the unauthorized
disclosure of Your Information. Not withstanding the license
in paragraph 6, RajaCraft.com will only use Your Information
in accordance with our Privacy Policy. The complete terms
of our Privacy Statement are part of this Agreement so you
should read it.
7. Payment Methods
The following payment options are available at Rajacraft.com:
payment by credit card (MasterCard or Visa); and by bank transfer.
By using credit card for your payment, you assert and represent
that you are the authorized cardholder of the card, bound
by the terms and conditions of the card issuer, with full
authority to create a binding contract for the sale.
Rajacraft.Com guarantee
to protect you while you shop at Rajacraft.com, so that you
never have to worry about credit card safety. We guarantee
that every transaction you make at Rajacraft.com will be safe.
This means you pay nothing if unauthorized charges are made
to your card as a result of shopping at Rajacraft.com. Our
Secure Sockets Layer (SSL) software is the industry standard
and among the best software available today for secure online
commerce transactions. It encrypts all of your personal
information, including credit card number, name, and address,
so that it cannot be read as the information travels over
the Internet.
8. Shipping
Rajacraft.com uses a variety of carriers to find the best
service depending on distance and destination. Merchandise
displayed on this site will be delivered to any address in
the world unless to countries stated in point # 2.
We use two systems of shipping:
a. International Priority
Services - Air Shipping is to be delivered to the customer
within 3-7 days business/working days
b. Sea Freight Services - is to delivered
to the customer within 2-8 weeks depending to the destinations,
and will be notified to the customers upon each transaction.
For our air shipping rates please
click here.
9. The Commercial Process:
9.1 Vendor Product Listings:
Product listings are text descriptions, graphics and/or
pictures on RajaCraft.com's website supplied by registered
vendors that either (1) describe a product the registered
vendor wants to trade, or (2) describe a product
the registered member (other than the vendor) is seeking.
RajaCraft.com is not responsible for the accuracy of the
basic content or data supplied by registered vendors. However,
RajaCraft.com does provide guidance to vendors regarding
merchandising their product in the Marketplace and requires
that the vendor provide fixed item descriptions, item codes,
specifications, and prices. As a service to registered vendors
and to ensure consistency for cataloging purposes RajaCraft.com
inputs all the data provided by the vendor in the format
received from the vendors. It should be noted that RajaCraft.com
requires strict compliance with set standards for product
data submitted by vendors. RajaCraft.com does not guarantee
that the vendor data is true or accurate, however, we do
follow a strict procedure and logical analysis in data collection
and input.
9.2 Negotiating a Trade:
Buyers will be able to negotiate with RajaCraft.com trade
masters in a negotiation platform, by exchanging information,
and formulating offers and counteroffers. Acceptance of
an offer or counter offer by all parties constitutes an
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.
9.3 Disputes or Claim Resolution:
In the event that a dispute or claim arises between one
or more RajaCraft.com community members, you release RajaCraft.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.
9.4 No Trade Manipulation:
You agree not to use a secondary account or third party
to manipulate the outcome of a negotiation with a seller
or another trader.
9.5 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 RajaCraft.com site or any trade being conducted
on our site. You may not take any action, which imposes
an unreasonable or disproportionately large load on our
infrastructure.
9.6 No Commercial Exploitation:
You agree that you may not commercially exploit any information,
including but not limited to, copying any information displayed
on the RajaCraft.com website without prior written authorization
from an authorized officer of RajaCraft.com.
10. Exchange and Returns
We want you to be completely satisfied with every single
one of your purchases. We believe that the creation of a bridge
between customer and world artists depends on extremely high
quality products and extraordinary customer service and trust.
If you had an unsatisfactory after receiving the package,
please email us at info@RajaCraft.com,
and we will resolve the problem.
11. Sales Tax
State and local sales taxes will be charged on purchases
of taxable merchandise based on the destination of the shipment.
12.Termination: You agree
that RajaCraft.com, in its sole discretion, may terminate
your password, account (or any part thereof) or use of the
Marketplace, and remove and discard Your Information within
the Marketplace for any reason. RajaCraft.com may also, in
its sole discretion and at any time, discontinue providing
the service, or any part thereof, with or without notice.
You agree that any termination of your access to the Marketplace
under any provision of this Agreement may be effected without
prior notice, and acknowledge and agree that RajaCraft.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 Marketplace. Further,
you agree that RajaCraft.com shall not be liable to you or
any third party for any termination of your access to the
Marketplace. Paragraphs 11, 12, and 13 shall survive any termination
of this Agreement.
13. 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 your current listings or registration
information, and any other information you place on the site.
14. The Marketplace is provided
"As Is.": While we strive to make your visit to the RajaCraft.com
Marketplace 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 Marketplace
interruptions. For this reason, you expressly understand and
agree that your use of the Marketplace is AT YOUR OWN RISK.
The Marketplace is provided on an "As Is" and "As Available"
basis. RajaCraft.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. RajaCraft.com makes
no warranties that:
14.1: the Marketplace
will meet your requirements;
14.2: the Marketplace
will be uninterrupted, timely, secure or error-free;
14.3: the results that
may be obtained from the use of the Marketplace, including
results or information provided by third party sources,
will be accurate or reliable; and
14.4: the quality of
any products, services, information, or other material purchased
or obtained by you through the Marketplace will meet your
expectations. Any material downloaded or otherwise obtained
through the use of the Marketplace 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 you from RajaCraft.com
or through or from the Marketplace shall create any warranty
not expressly stated in the agreement.
15. Limitation of Liability:
You expressly understand and agree that RajaCraft.com shall
not be liable for any direct, indirect, incidental, special,
consequential or exemplary damages, including, but not limited
to, damages for loss of profits, goodwill, use, data, or other
intangible losses (even if RajaCraft.com has been advised
of the possibility of such damages) resulting from:
15.1: the use or the
inability to use the Marketplace;
15.2: the cost of procurement
of substitute goods and services resulting from any goods,
data, information, or services purchases or obtained or
messages received or transactions entered into through or
from the marketplace;
15.3: unauthorized access
to or alteration of your transmissions or data;
15.4: statements or conduct
of any third party on the Marketplace; or
15.5: any other matter
relating to the Marketplace.
16. Indemnity: You agree
to indemnify and hold RajaCraft.com and our subsidiaries,
affiliates, officers, directors, agents, and employees, harmless
from any claim or demand (including legal expenses and the
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.
17. Legal Compliance: You
shall comply with all applicable laws, directives, statutes,
ordinances and regulations regarding your use of the Marketplace
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.
18. No Agency: You and RajaCraft.com are independent
contractors, and no agency, partnership, joint venture, employee-employer
or franchiser-franchisee relationship is intended or created
by this Agreement.
19. Advertising and Financial
Services: Your correspondence or business dealings with,
or participation in promotions of, advertisers found on or
through the Marketplace, including payment and delivery of
related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings,
are solely between you and such advertiser. You agree that
RajaCraft.com shall not be responsible or liable for any loss
or damage of any sort incurred as the result of any such dealings
or as the result of the presence of such advertisers on the
Marketplace.
20. Links: The Marketplace
may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because RajaCraft.com has
no control over such sites and resources, you acknowledge
and agree that RajaCraft.com is 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,
products, or other materials on or available from such sites
or resources. You further acknowledge and agree that RajaCraft.com
shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or
in connection with use of or reliance on any such content,
goods or services available on or through any such site or
resource.
21. Notices: Except as
explicitly stated otherwise, any notices shall be given by
e-mail to info@RajaCraft.com
(in the case of RajaCraft.com) or to the e-mail address you
provide to RajaCraft.com during the registration process (in
your 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 RajaCraft.com during
the registration process. In such case, notice shall be deemed
given three (3) days after the date of mailing.
22. Force Majeure: RajaCraft.com
shall not be liable to you for delays or failures in performance
resulting from causes beyond our reasonable control, including,
but not limited to, acts of God (natural disasters), labor
disputes or disturbances, material shortages or rationing,
riots, acts of war, governmental regulations, communication,
or utility failures, or casualties.
23. Miscellaneous: The
Agreement constitutes the entire Agreement between you and
RajaCraft.com and governs your use of the Marketplace, superseding
any prior written or oral Agreements between you and RajaCraft.com.
The Agreement shall be governed in all respects by the laws
the Republic of Indonesia without regard to its conflict of
law provisions. If any provision of this Agreement is held
to be invalid or unenforceable, such provision shall be struck
and the remaining provisions shall be enforced. Our failure
to act with respect to 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.
24. Governing Law: This
Agreement, the rights and obligations thereunder, and all
actions contemplated thereby shall be governed by the laws
of the Republic of Indonesia.
RajaCraft.com
hereunder offers the Marketplace services.
For more information, please e-mail
us at info@rajacraft.com
|