terms


Syarat & Ketentuan

Syarat dan Ketentuan

Persyaratan dan ketentuan ini mengatur penggunaan Anda atassitus web, aplikasi dan layanan seluler (secara kolektif, disebut "Layanan/servis") yang disediakan oleh TokoPinter (sebagaimana didefinisikan dibawah ini).


Umum

Persyaratan ini berlaku untuk semua pengguna Layanan, termasuk tanpa batasan pengguna yang merupakan penjual, pembeli, pedagang, atau penyumbang konten, informasi, dan materi lainnya. Jika Anda memasuki perjanjian ini untuk dan atas nama entitas bisnis, dan istilah "Anda" dalam perjanjian ini berarti badan usaha yang atas nama Anda menggunakan Layanan, kecuali konteksnya tidak mengizinkan.

Jika Anda mengakses Layanan dari Indonesia, Ketentuan ini berada di antara Anda dan U.D. Toko Pinter Pandai. Jika Anda mengakses Layanan dari tempat lain di dunia, Ketentuan ini berada di antara Anda dan U.D. Toko Pinter Pandai. Untuk kemudahan referensi, masing-masing dari U.D. Toko Pinter Pandai dan U.D. Toko Pinter Pandai disebut dalam Ketentuan ini sebagai "TokoPinter", «Toko Pinter», «TP».

Dengan menggunakan Layanan dengan cara apa pun, termasuk tetapi tidak terbatas pada mengunjungi atau menjelajahi Layanan, Anda setuju untuk mematuhi dan terikat oleh Ketentuan ini serta syarat dan ketentuan tambahan dan kebijakan yang direferensikan di sini dan / atau tersedia melalui hyperlink.

TokoPinter berhak mengubah atau memodifikasi Ketentuan ini kapan saja. Anda akan dianggap telah menyetujui Ketentuan yang diubah tersebut dengan terus menggunakan Layanan setelah tanggal Perjanjian yang diubah ini diposting di sini.

Jika Anda memiliki pertanyaan, silakan lihat Pusat Bantuan kami.


Penggunaan Layanan

Tunduk pada kepatuhan Anda terhadap Ketentuan ini,TokoPinter memberi Anda hak terbatas, non-eksklusif, dapat dibatalkan (denganatau tanpa alasan), hak dan lisensi yang tidak dapat dialihkan untukmenggunakan "Layanan".

Anda harus menggunakan Layanan sesuai dengan Ketentuan inidan tidak boleh:

  • Unggah Konten apa pun (sebagaimana didefinisikandi bawah) yang melanggar atau melanggar hak publisitas, privasi, hak cipta,merek dagang pihak lain atau hak kekayaan intelektual lainnya.
  • Salin, dekompilasi, merekayasa balik,membongkar, berupaya memperoleh kode sumber, mendekripsi, mengganggu, ataumengganggu integritas atau kinerja Layanan.
  • Buat modifikasi, adaptasi, peningkatan,peningkatan, terjemahan atau karya turunan dari Layanan.
  • Melanggar hukum, aturan, atau peraturan apa punyang berlaku sehubungan dengan akses atau penggunaan Layanan Anda.
  • Menggunakan Layanan yang melanggar atau untukmenghindari sanksi atau embargo apa pun.
  • Menghapus, mengubah atau mengaburkanpemberitahuan kepemilikan (termasuk pemberitahuan hak cipta dan merek dagang)dari TokoPinter atau afiliasinya, mitra, pemasok atau pemberi lisensinya.
  • Gunakan Layanan untuk tujuan apa pun yang tidakdirancang atau dimaksudkan.
  • Menggunakan Layanan untuk membuat ataumempromosikan produk, layanan atau perangkat lunak yang, secara langsung atautidak langsung, bersaing dengan atau dengan cara apa pun sebagai penggantiLayanan atau layanan, produk atau perangkat lunak apa pun yang ditawarkan olehTokoPinter.
  • Gunakan informasi atau antarmuka hak milikTokoPinter atau kekayaan intelektual TokoPinter lainnya dalam desain,pengembangan, pembuatan, perizinan atau distribusi aplikasi, aksesori, atauperangkat apa pun untuk digunakan dengan Layanan.
  • Gunakan Layanan untuk mengirim, memposting, ataumengomunikasikan Konten apa pun yang menyinggung, tidak senonoh, mengancam,kasar, menghina, melecehkan, memfitnah, memfitnah, menipu, menipu, menyiksa,cabul, tidak senonoh, menyerbu privasi orang lain, atau secara rasial, secaraetnis atau sebaliknya tidak dapat diterima.
  • Gunakan Layanan untuk mengirim pesan otomatis,tidak diminta atau tidak sah, iklan atau materi promosi atau surat sampah, spamatau surat berantai.
  • Unggah ke, atau kirimkan melalui Layanan setiapdata, file, perangkat lunak atau tautan yang berisi atau pengalihan ke virus,Trojan horse, worm, atau komponen berbahaya lainnya.
  • Gunakan scraper, robot, bot, spider, crawler,atau perangkat otomatis lain apa pun untuk mengakses, memperoleh, menyalin,atau memantau bagian mana pun dari Layanan, atau data atau konten apa pun yangditemukan atau akses melalui Layanan.
  • Kumpulkan informasi apa pun sehubungan denganpengguna lain tanpa persetujuan mereka.
  • Melakukan tindakan apa pun untuk menghindari membayarbiaya dan / atau biaya yang berlaku.
  • Otorisasi atau mendorong siapa pun untuk melakukan hal-hal di atas.


Account

You would need to have an account with TokoPinter (“Account”) in order to use some parts of the Services. When you create an Account, you represent and warrant that:

If you are individual, you are atleast 18 years of age.

If you are representing a company, organisationor any other legal entity (“Entity”), you have authority tobind the Entity to these Terms.

  • You are capable of entering into and performing legally binding contracts under applicable law.
  • All information which you provide is accurate, up to date, truthful and complete. 

If you are under 18 years of age, you may only use the Services with the consent of and under the supervision of your parent or legal guardian who shall be responsible for all your activities.

You are responsible for all activities under your Account. You, therefore agree to: 

  • Keep your password secure.
  • Keep your account information up to date at all times. 

Comply with TokoPinter’s prevailing policies (which forms a part of these Terms) and all applicable laws with respect to your activities and the Content which you upload to the Services.

You shall not set up multiple Accounts, or transfer or sell your Account or user ID to another party. You must not use another user's Account without their permission.

 

Boosters/ Premium Ad (Paid Features Terms & Conditions)

The terms and conditions contained on this page (the "Terms and Conditions for PaidFeatures") bind you as a user of TokoPinter website, either as a registered user or as a visitor visiting Services, advertisers or potential buyers.

These Terms and Conditions are an integral part of the Terms and Conditions (including, but not limited to, the Privacy Policy and the Prohibition of Advertisements).

By accessing or using the paid features provided by TokoPinter, you are deemed to have accepted, understood, accepted and agreed to comply with all terms and conditions of these paid features. Paid Features The terms and conditions maybe modified and / or updated at any time by TokoPinter without notice. If you do not agree to these paid terms of use, TokoPinter invites you to stop using the paid features provided by TokoPinter Indonesia and its affiliates.

 

Definition

1. Paid features are a number of features provided by TokoPinter that can currently be used for ad campaigns or other paid features.

2. The TP balance is the amount of the value you paid to be used against the paid features provided on the TokoPinter service.

 

Implementation of the Boosters

In order touse the Boosters (paid features), you must ensure that the balance of your TPaccount is still sufficiently balanced. TokoPinter you have balance you can useto buy paid features by following the steps below presents.

Users canview the status of usage, purchase, remaining TP balance, and expiration ofpaid features, activity status, and activity history that users have madethrough pages provided by TokoPinter.

The amountof TP balance required to use the paid features in each ad category may changeat any time without notice to the user. You can use more than 1 paid featuresprovided by TokoPinter at the same time.

If you cancel your ad before the announcement or the meaning of removing the ads that were served for any reason, such action also removes paid feature attached to the ad, and you can not claim a refund on the TP balance that were used because of the cancellation or withdrawal of the ad. In this case, TokoPinter is not responsible for the display of these deleted ads.

 

You acknowledge and agree that:

  • your Booster listings may rise and fall in priority in relation to other users’ listings in accordance with TokoPinter’s prevailing listing rules, formulas and algorithms;
  • each Booster is an instant effect and all fees and/or charges paid by you to us for any Booster are non-refundable;
  • the fees payable in respect of each BoosterCampaign are subject to and dependent on the number of views and the category which the listing placed in. In addition, each category has its unique demand for views and placing a listing in more popular categories will cost more;
  • TokoPinter does not represent or warrant that any Booster and/or any listing placed  will lead to a like, offer, chat and by extension, sale;
  • Notwithstanding the above, there will be no refunds in the event that: (i) your Account is suspended or terminated due to a breach of these Terms; and/or (ii) any Content has been removed in accordance with these Terms.

 

Fees and Payments

Depending on the type and/or number of listings you choose to post and any additional services you may request in relation to your Account or listing, you may pay your TokoPinter Fees using a credit card, debit card, cheque or by way of telegraphic or other electronic means of transfer. You may also pay your TPFees through any of the methods as may be made available on the Platforms (as defined below) or as may be notified to you from time to time. 

You acknowledge and agree that: 

  • in the event of a subscription or recurring payment, you shall ensure that all payments are made and cleared by your bank before each monthly and/or annual recurring payment is due. For payments by credit card, your credit card account must be in good standing and remain valid for the monthly/annual charge(s) to be debited successfully. In the event of an unsuccessful payment, your TokoPinter Pro Subscription will automatically be suspended and/or terminated if payments are not received within ten (10) days from due date;
  • in the event your Account is suspended or terminated for any reason any amounts due on your Account will immediately become due and payable. TokoPinter reserves the right to immediately charge any amounts you have not previously disputed to the billing method that you are using and shall be entitled to terminate your Account, without prejudice to any other rights or remedies available to us; and
  • you are responsible for collecting and paying any taxes associated with using and making sales through theServices. Depending on the tax legislation of your country of residence, goods and services tax or similar consumption tax might apply in addition to your fees.

 

ListingFees

You may be charged a listing fee in accordance with TokoPinter’s prevailing listing fees’rules and charges, which can be found in this article and forms a part of theseTerms.

You acknowledge and agree that:

  •  TokoPinter does not represent or warrant that any TP Fees paid or payable will lead to a like, offer, chat and by extension, sale;
  • there will be no refunds in the event that: (i) your Account is suspended or terminated due to a breach of these Terms; and/or (ii) any Content has been removed in accordance with theseTerms; and
  • each listing, free or paid expires after 30 days.

 

TokoPinter is a Marketplace

TheServices provide a Marketplace for users to interact with each other, and to buy and sell items. TokoPinter does not pre-screen a user or the Content provided by a user, nor is TokoPinter directly involved in transactions between users. Consequently, TokoPinter has no control over, and you agree that TokoPinter is not responsible or liable for, any of the following:

  •  The quality, safety, morality or legality of any aspect of the items listed.
  • The truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items.
  • The true identity, age, nationality, or sense of humour of a user.
  • Any Content posted by users.

You are encouraged to use the features and functions available on the Services to communicate with other users and/or to find out more about an item which a user has put up for sale. However, please exercise common sense and good judgment in your interactions with other users. While TokoPinter endeavours to keep the Services safe for everyone, your use of the Services and your interactions with other users is entirely at your own risk.

 

Content

The Services allow users to create listings and share content, such as photos, videos, comments, data, text, links and other information (“Content”).

You retain ownership rights in the Content which you upload or share on the Services but you grant TokoPinter a worldwide, already fully-paid by you, royalty-free, sub-licensable, and transferrable licence to host, store, use, display, reproduce, modify, adapt, edit, publish and distribute such Content (subject to TokoPinter’s Privacy Policy) for the purpose of operating, developing, providing, promoting, and improving the Services and to research and develop new products and services.

You understand and agree that you are solely responsible for the Content which you post or share on or through the Services and any loss or damage which you sustain as result of such Content is solely your responsibility.

You acknowledge that TokoPinter does not pre-screen Content uploaded by users. TokoPinter shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available on the Services. Without limiting the foregoing, TokoPinter shall have the right to remove Content, without liability or the obligation to offer a refund, in any of the following events:

  • If the Content is in breach of theseTerms.
  • If TokoPinter has received a complaint or notice of infringement in respect of the Content.
  • If the Content is otherwise objectionable.

TokoPinter may also block Content and the delivery of a communication (including, without limitation, feedback, postings, messages and/or chats) to or from the Services as part of efforts to protect the Services or users, or to otherwise enforce these Terms.

 

Sellingand Buying on TokoPinter

In using the Services to create a listing and offer an item for sale, post a job opening and/or offer a service (as the case may be), you agree to comply with the following:

  • All items must comply with these Terms and TokoPinter's policies, which can be found here.
  • You must provide a fair, accurate and complete description of each item, including your price for the item.
  • Each item, job opening and/or offer of services must have its own listing.
  • Your listing for an item may only include text, descriptions, graphics, images and other content relevant to the item. All Content contained in a listing must be true, complete, accurate and not misleading in any manner whatsoever.
  • All items, job opening and/or offer of services must be listed in the appropriate category.All job listings must comply with all applicable laws, regulations, guidelines or policies and any notices, guidelines and/or policies issued by Local Authorities and by law in each country (Indonesia, Singapore, Malaysia)  including the Tripartite Guidelines on FairEmployment Practices and the Tripartite Guidelines on Non-Discriminatory JobAdvertisements (as may be amended or updated).
  • Where a specific attribute (“SpecificAttribute”) in your job listing has to be included and where the SpecialAttribute may be viewed as discriminatory, you shall ensure that the Specific Attribute is a reasonable requirement for the job listed. You must provide the reason for requiring the Specific Attribute in your job listing.
  • Any links included in your listing leads to your personal or corporate website and must not include any links to third party websites. 

You acknowledge and agree that TokoPinter has no control over any website other than the TokoPinter website and shall not in any event be responsible or held liable for any expired job listing which appears on any website other than the TokoPinter website or any expired job listing which is retrieved by any search engine.

Without prejudice to the rest of these Terms and TokoPinter’s policies, you warrant, in respect of each job opportunity, services and/or item which you offer for sale on the Services (as the case may be), that:                                                   

  • You are the owner of the item, and the item is not stolen.
  • The item is not counterfeit and does not infringe upon any third party's copyright, patent, trademark, trade secretor other proprietary or intellectual property rights.
  • The sale of the item complies with all laws and regulations which apply to that item.
  • The item is not dangerous, hazardous or subject to a recall by a government or manufacturer.
  • All selection criteria stated in a job listing are clear, objective and relevant and does not refer to age, race, language, gender, marital status and religion, except where it is a Specific Attribute.
  • The Content in any listing does not in fringe or violate any applicable laws and regulations, the intellectual property rights or proprietary rights of a third party.

All offers made and accepted through the Services are binding.

If you area seller who has accepted a buyer’s offer for an item:

  • You agree to ship the item or otherwise complete the transaction with the buyer in a prompt manner unless there is an exceptional circumstance, for instance, if the buyer fails to meet the terms of your listing (such as payment method), or you cannot authenticate the buyer's identity.
  • You may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the item. However, you must not charge excessive shipping fees or otherwise avoid fees.
  • You may not alter the item's price after a sale, or misrepresent the item's location and price.

If you are a buyer whose offer for an item has been accepted by a seller, you agree to make prompt payment to the seller for the item, unless there is an exceptional circumstance, for instance, if you can not authenticate the seller’s identity.

In communicating with a user through the Services for the offering of or acceptance of a job listing and/or services or purchase or sale of an item(each, a “Transaction”), you may obtain personal information of that user, such as their email address, phone number and mailing address. Without obtaining prior permission of the user, you shall use such information solely for the purpose of the Transaction.

Not withstanding the foregoing, as TokoPinter is not involved in Transactions which are considered solely between users, TokoPinter cannot ensure that a user (whether as a buyer or seller) would follow through and complete a Transaction.

Privacy

Your privacy is very important to us at TokoPinter and we have provided the TokoPinter Privacy Policy, which can be found here, to explain our privacy practices. Please review the Privacy Policy to understand how TokoPinter collects, uses and discloses information collected and received from you.

Intellectual Property

You acknowledge and agree that the Services and all copyright, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of TokoPinter. Furthermore, you acknowledge and agree that the source and object code of the Services and the format, directories, queries, algorithms, structure and organization of the Services are the intellectual property and proprietary and confidential information of TokoPinter. You are not granted any intellectual property rights in and to the Services not expressly granted in these Terms and such rights are hereby reserved and retained by TokoPinter.

The Services may utilise or include third party software that is subject to opensource and third party licence terms (“Third Party Software”). You acknowledge and agree that your right to use such Third Party Software as part of theServices is subject to and governed by the terms and conditions of the opensource and third party licenses applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, licence terms and disclaimers contained therein. In the event of a conflict between theseTerms and the terms of such open source or third party licences, the terms of the open source or third party licences shall prevail with regard to your use of the relevant third party software. In no event shall the Services or components thereof be deemed to be open source or publicly available software.

You are not authorised by TokoPinter to use TokoPinter’s trademarks in any advertising, publicity or in any other commercial manner without the prior written consent of TokoPinter, which may be withheld for any or no reason.

 

 Reporting Unauthorised Content

 TokoPinter respects the intellectual property rights of others and we expect the same of our users. If you believe that there has been unauthorised use of your intellectual property rights by a user, please follow the steps provided hereto report the same to us.

TokoPinter reserves the right to suspend or terminate your account and/or your access to the Services if there are repeat complaints against you of intellectual property infringement.

Suspension and Termination

You may deactivate your Account at any time through the “Settings” section of yourAccount.

TokoPinter reserves the right to, at its sole discretion, and without liability:

  • Suspend or terminate your Account and/or your access to the Services at any time, for any reason, and without advance notice.
  • Change, modify, suspend or discontinue, whether temporarily or permanently, the whole or any part of theServices at any time, for any reason, and without advance notice.

 You acknowledge and agree that if you deactivate your Account or if we suspend or terminate your Account, you will lose any information associated with yourAccount, including Content. It is your responsibility to backup the Content which you upload to the Services.

Upon termination, all licenses and rights granted to you in these Terms will immediately cease.

No Warranty 

You acknowledge and agree that the Services are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Services and any content, products or services accessed or obtained thereby is at your sole risk and discretion.

TokoPinter does not represent or warrant that: (a) the use of the Services will be secure, timely, uninterrupted or error free or that they will be compatible or operate in combination with any other hardware, software, system or data; (b) the Services will meet your requirements or expectations; (c) errors or defects in the Services will be corrected; or (d) the Services and TokoPinter’s servers are free of viruses or other harmful components.

All conditions, representations and warranties, whether express, implied, statut or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law.

The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer or electronic device you use). TokoPinter is not responsible for any delays, delivery failures, damages, or losses resulting from such problems. 

No advice or information, whether oral or written, obtained by you from TokoPinter or from the Services shall create any representation, warranty or guarantee. Furthermore, you acknowledge that TokoPinter has no obligation to support or maintain the Services.

TokoPinter disclaims any and all liability or responsibility in relation to the content made available through the Services, including but not limited to the Content uploaded by users or the third party content and services. TokoPinter is not responsible or liable in any manner for the third party content and services associated with or utilized in connection with the Services, including the failure of such third party content and services.

  

Limitation of Liability 

You acknowledge and agree that your only right with respect to any problems or dissatifaction with the services is to request for termination of your account and/or discontinue any use of the services.

In no event shall Tokopinter or its subsidiaries, affiliates, partners, suppliers or licensors be liable for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with your access or use of or inability to access or use the services or any third party content and services, or arising out of or in connection with your conduct or the conduct of other users in connection with the use of the services including without limitation death, bodily injury, emotional distress and/or other damages resulting from communications or meetings with other users or persons you meet through the services, whether or not the damages were foreseeable and whether or not Tokopinter was advised of the possibility  of such damages. Without limiting the generality of the foregoing, Tokopinter's aggregate liability to you (whether under contract, tort, statute or otherwise) shall not exceed the amount of fees received by Tokopinter in respect of the services giving rise to such claims or, where relevant, shall not exceed the amount of Singapore Dollars the standing to the Tokopinter coins in your acount. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

 

Indemnity

You will indemnify and hold harmless TokoPinter, its subsidiaries, affiliates, partners, suppliers, licensors, shareholders, officers, employees, independent contractors and agents and all successors and/or assigns from and against any and all actions, claims, proceedings, damages, losses, costs and expenses resulting from: (a) your use of the Services; (b) your Content; (c) any use of your Account; (d) your breach of these Terms; (e) your breach of any statut or requirement, duty or law; or (f) your violation of any rights of another person or entity.

 

Compatibility

TokoPinter does not warrant that the Services will be compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your device to diminish or fail completely, and may result in permanent damage to your device, loss of data located on your device, and corruption of the software and files located on your device. You acknowledge and agree that TokoPinter and its subsidiaries, affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.

 

Miscellaneous

You and TokoPinter are independent contractors, and no agency, partnership, jointventure, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of theseTerms shall remain in full force and effect.

Except as provided herein, any failure by TokoPinter to exercise a right or require performance of an obligation in these Terms shall not affect TokoPinter’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach of these Terms constitute a waiver of any subsequent breach.

You shall not assign any rights or delegate any obligations herein without our prior written consent and any attempted assignment or delegation in contravention of this provision shall be null and void and of no force or effect.

These Terms constitute the entire agreement between you and TokoPinter and supersedes all prior or contemporaneous understandings and/or agreements between you and TokoPinter.

 

Governing Law and Jurisdiction

You hereby agree that the each country laws of (Singapore, Indonesia, Malaysia) shall govern this Terms and that the each local courts of (Singapore, Indonesia,Malaysia) shall have non-exclusive jurisdiction over any dispute arising out of or in connection with these Terms.

Effective on May 20, 2018