Website Usage Agreement – www.azaibikes.com
Agreement between Users of the Site www.azaibikes.com (Users) and PT. Rosari Berkah Sejahtera (Manager) as manager of www.azaibikes.com Site contains terms and conditions of use of service site www.azaibikes.com applicable for Users to be able to use the site www.azaibikes.com.
By using the application and/or continuing access to the www.azaibikes.com site, you agree to our terms and conditions, and therefore agree to be bound by a contract with Us, and thereby declare your consent to receive services and access of all content contained in this application.
Any activity related to the use of the site, whether the Manager or the User in this case including also the merchant and the buyer, is legally protected through the Law of the Republic of Indonesia No.11 Year 2008 on Information and Technology, Republic of Indonesia Law no. 19 of 2002 on copyright, and against any form of engagement arising from any activity on the www.azaibikes.com website has complied with the legal terms and conditions of an engagement as stated in the Indonesian Civil Code.
1.1 This agreement is governed and interpreted based on the Law of the Republic of Indonesia. The parties to this Agreement hereby agree to submit to the courts of Indonesia.
1.2 In this Agreement the term "User" means an individual, whether an Indonesian citizen, a foreign national, or a legal entity with the ability to use a computer, network, computer and/or other electronic media capable of accessing the www.azaibikes.com site accordingly with his needs. In this case, including Users who have registered on the www.azaibikes.com site as Registered Users or Users pay for certain services that may be provided by the www.azaibikes.com site.
1.3 By accessing or using this site www.azaibikes.com, the User belonging to the User category as mentioned in point 1.2. above consciously and without coercion from any party express themselves agreeing to accept all the terms and conditions set forth in this Agreement. As User, the User is bound by the terms and conditions of the applicable Agreement in the event that the User accesses or uses the site www.azaibikes.com. If the User does not accept all the terms and conditions of this Agreement, the User is required to immediately leave the www.azaibikes.com site.
1.4 We may amend or update this Agreement at any time by including any amended or updated Agreement on the Site and any amended and updated terms and conditions shall take effect immediately after the amended and updated terms and conditions are listed by the www.azaibikes.com website , and Users are required to read the new terms and conditions at any time and are deemed to have accepted such changes or updates if they have been posted on the www.azaibikes.com website and the User continues to use the www.azaibikes.com website.
1.5 On the www.azaibikes.com site if there will be or there has been a connection or hyperlink (link) that is connected to sites belonging to third parties contained in the link outside the www.azaibikes.com site, and we hereby declare that we are not responsible for the contents of the website outside www.azaibikes.com site or site provided or installed by a third party (Third Party Content), whether entered by an unnamed user or by the content provider who obtained payment, or not made by us. By displaying Third Party Content on the www.azaibikes.com site, it does not mean that neither we nor affiliated parties, officials, officers or employees have a working relationship as a sales agent with these third parties. Third Party Content is solely the responsibility of the content provider. We do not guarantee that all third-party contents are accurate, do not violate morality, validity or are true, and are not responsible if the User considers that the contents of the third party can be trusted. In addition, we are not responsible for activities carried out by users and cannot be held accountable by anyone in relation to losses suffered by other parties as a result of User actions.
2. GENERAL PROVISIONS FOR USERS
2.1 Every User agrees not to copy, use or download any information, text, images, video recordings, directories, documents, databases or advertisements found on www.azaibikes.com or obtained through www.azaibikes.com for any purpose including and not limited to re-selling or re-distributing the contents of the www.azaibikes.com website, conducting mass marketing (via email, text messaging, regular mail or otherwise), running businesses to rival www.azaibikes.com or use the website www.azaibikes.com for commercial purposes outside transaction activities with www.azaibikes.com. Users are not permitted to take the contents of the www.azaibikes.com site systematically to create or arrange, directly or indirectly, collection, compilation, database or directory (whether using automated tools or manual processes) without our express written permission. In addition, Users may not use the content or materials mentioned above for any purpose not expressly mentioned in this Agreement.
2.2 When visiting and using the www.azaibikes.com site, including every feature and service, each User is not allowed to:
violate any applicable law (including but not limited to regulations on export control, consumer protection, unfair competition, anti-discrimination or false advertising), the rights of others to intellectual property rights and other rights, and rules governed in this Agreement.
provide false, inaccurate, misleading, defamatory, immoral, pornographic, discriminatory or racist information.
take action that may disrupt the system of suggestions or feedbacks and or ratings (such as displaying, importing or exporting information or feedback from external sites or using it for purposes not affiliated with the www.azaibikes.com site).
provide an account on the www.azaibikes.com site (including advice or input) and account name to other parties without our knowledge.
spreading spam, unfamiliar matters, or large amounts of electronic messages, serial messages.
distribute viruses or all other similar technologies that may damage and/or harm the site www.azaibikes.com, its affiliates, and other users.
entering or moving features on the www.azaibikes.com site without our knowledge and consent.
store, imitate, change, or distribute the content and features of the www.azaibikes.com site, including the ways of service, content, copyright and intellectual property contained on the www.azaibikes.com site.
retrieve or collect information from other users, including email addresses, without the knowledge of other users.
2.3 We reserve the right to limit or not provide access, or provide different access to be able to open the www.azaibikes.com site and its features to each User, or replace one feature or enter new features without prior notice. Every User is aware that if the www.azaibikes.com site cannot be used in whole or in part for any reason, any business or activity carried out by the User may be disrupted. Each User hereby agrees that for any reason it will free us from any liability towards the User or against third parties if he/she is unable to use the www.azaibikes.com Site (either due to interference, restricted access, changes in features or no additional features included) or for any other reason); or if communication or transmission is delayed, fails or cannot take place; or if there is a loss (directly, indirectly) because of its use or the usability of the www.azaibikes.com site or one of the features in it.
2.5 Users acknowledge and agree that the prices listed on the www.azaibikes.com website may be subject to change at any time and without prior notice.
3.1 By choosing to create an account as a member of the www.azaibikes.com site, Registered Users will create an account name and password when completing the registration process.
3.2 Registered User is responsible for maintaining confidentiality and security on behalf of the account and password and Registered User is solely responsible for all activities on behalf of the Registered User account name.
3.3 Registered Users agree to:
Immediately notify us of any alleged unauthorized use by the name of the registered User account.
Ensure that Registered Users log out of the account at the end of each activity on the www.azaibikes.com site to avoid possible misuse of the account in question.
3.4 We have the right to completely limit, block or terminate the services of an account, prohibit access to www.azaibikes.com sites and content, services, and slow down or delete hosted content, and take legal steps to safeguard Registered Users or other users if We consider Registered Users or other users to violate applicable laws, violate intellectual property rights of related parties, or commit a violation that violates the matters stated in this Agreement.
3.5 That Registered Users may not sell, attempt to sell, offer to sell, provide, assign or transfer Accounts, User Identities or Passwords to third parties without our prior knowledge and prior written consent. We may suspend or terminate the Registered User Account or the Account of the party receiving the transfer from Registered Users sold, offered for sale, given, submitted or transferred in violation of the provisions of this Article. Where with the limitation of our ability to identify these violations, then all consequences, risks are the responsibility of Registered Subscribers.
4.1 Each User shall be obligated to make full payment of transactions conducted in accordance with the terms of the transaction and payment.
4.2 Each User is responsible for all things done on the www.azaibikes.com site that are above the User's name.
4.3 Each User is fully responsible if the User violates the provisions detailed in this Agreement, and agrees to release Us and its affiliates for all losses caused by violations committed by the User.
4.4 The User is entitled to obtain the appropriate Goods and Goods previously paid by the User, and, irrevocably or unreasonably terminated by the User if not in accordance with the provisions of Us.
4.5 User shall be entitled to receive goods/products which have been fully paid as long as they are listed with correct prices and rebates and do not contain any false information including without limitation the consequences of typos errors or operational system errors of the www.azaibikes.com site. In the event of any incorrect information contained in the www.azaibikes.com site, the User agrees that We may make adjustments/corrections for the error of the information referred to.
4.6 With reference to the provisions of Article 4.5 above, the User agrees that in the event of any discrepancy between the promo and the regular program found on the www.azaibikes.com website, We, at its sole discretion, may cancel the purchase transaction by User, or continue to follow up the process of purchasing goods transactions conducted by the User, by making necessary adjustments / corrections in connection with the existence of non-conformity information that occurred as mentioned above.
5.1 We work with trusted banking/payment providers in providing various payment methods that can be used by Users.
5.2 Every User has the right to choose the payment method that has been provided by Us, which the User feels more comfortable and easier to transact with the www.azaibikes.com site, where each payment transaction fee will be deferred to that user.
5.3 Each User is obliged to pay in full for the order made within the period specified by us specifically for each payment method before we can further process the User's order. If the User has not made payment within the specified time period (2x 24 hours) then We reserve the right to declare that the order has been canceled by the User.
5.4 Any User may clarify payment transactions that have been executed directly to a banking service provider working with us in accordance with applicable terms and conditions.
5.5 In the event of our obligation to refund for any reason whatsoever on the transaction at www.azaibikes.com, we will contact the User immediately via the available means of communication (email or phone) to request confirmation and data, for the purposes of the refund process. If within 14 (fourteen) calendar days the User cannot be contacted or is not responding to us, we shall not be liable for any delay in the refund process as mentioned, and therefore we may not be held liable to pay any penalties, interest and other sanctions in connection with the delay of the refund process.
6.1 We can only ship every item that has been ordered by the User after knowing and obtaining funds from the User appropriately and in accordance with the value of the item purchased by the User.
6.2 We work with a trusted logistics company that will send each User order.
6.3 We entrust the logistics that have established cooperation with Us in providing services, costs, estimated shipping times, and shipping warranties listed on the www.azaibikes.com website.
6.4 All forms of complaints about shipping are the responsibility of the logistics company that works with us. We will endeavor to facilitate between users with logistics companies that work with us, and in connection with this, the user agrees to release us for all claims and losses suffered by users in connection with the process of sending orders.
6.5 The user has the right to file a complaint with us for the quality of delivery that has been provided by the logistics company that works with us or file complaints directly to the logistics company that cooperates with us within the period and conditions in accordance with those set by the logistics company.
7.1 Our obligations are limited to the provision of the www.azaibikes.com website and the providers of goods listed on the website, except for the situations attached to Articles 4.5 and 4.6 above
7.2 Goods sold on www.azaibikes.com are goods that have been provided to users for official purchases, from locally made bicycles as well as imported goods to Indonesia.
7.3 The shipment process will be coordinated by us with a trusted shipping service provider.
7.4 The form of loss arising from the actions of the user in violation of this Agreement is solely the responsibility of the User from whom we are fully free from the claims of the aggrieved parties.
7.5 Goods that have been purchased by the User and paid with funds from the User appropriately and in accordance with the value of the item purchased by the User, cannot be returned or canceled unilaterally by the User, and if after the payment process is declared successful and then the item purchased by the User does not exist, then www.azaibikes.com will look for alternative replacement items or make a refund according to the value paid by the buyer. We shall not be liable to User or any other party for any inaccuracies, errors, damages or losses caused either by failure, delay, discontinuance of services and content as contained in this application, in whole or in part. The User agrees that in any event, User can not file a claim to us for any loss or damage arising in connection with access to the services or content contained in this application or other matters arising in connection with the terms of this Agreement.
7.7 The material displayed on our site is provided without any provision or warranty in terms of its accuracy. To the extent permitted by law, We and third parties related to Us hereby expressly exclude:
All other terms, warranties, and conditions that may be indirectly expressed by law, custom law or justice law.
The liability for any direct, indirect or consequential loss or damage arising out of the User in relation to our site or in connection with the use, inability to use, or consequence of the use of our Site, any websites associated with it and any materials placed therein, including, but not limited to, the liability of:
loss of income or income;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
wasted management or office time; and
loss or other loss of any kind, regardless of how it arises and whether caused by negligence, breach of contract or otherwise, although predictable.
This has no effect on our obligations which cannot be excluded or restricted under applicable law. The User agrees that the material displayed on our site is for information only to assist the User in deciding whether to bid or not to bid for goods. We or any of our employees are not responsible for any direct or indirect result of the User's decision to bid or not to bid.
8.1 We are the sole owner or rightful holder of all rights to the Site and the Content on the www.azaibikes.com website. The www.azaibikes.com Website and its Contents include intellectual property rights protected by copyright laws and laws protecting other applicable intellectual property worldwide. All proprietary rights and intellectual property rights to the www.azaibikes.com website and its Content remain with Us, its affiliates or licensors The contents of the www.azaibikes.com website. Any rights not expressly contained in this Agreement or by Us hereby constitutionally protected.
8.2 The www.azaibikes.com website, its name, and its associated icons and logos are registered trademarks in various jurisdictions and protected by copyright, trademark or other proprietary intellectual property rights. It is strictly forbidden to use, change or install the brands mentioned above.
9.1 All notices or requests for information to or about Us will be processed if made in writing and sent to PT Rosari Berkah Sejahtera, Kirana Two Building, Lt 10-A | East Boulevard No. 88- Jakarta Utara 14250 Indonesia
9.2 All notices or requests to or about the User will be processed if submitted directly, sent by courier, registered mail, fax or email to the mailing address, fax or email address provided by Users to Us or by posting such notices or requests in one place on the www.azaibikes.com website that is accessible to the public free of charge. Notification to Users will be deemed to have been received by the User if and if:
We may indicate that the communication, whether in physical or electronic form, has been transmitted to that User, or
We have posted such notices in place on the www.azaibikes.com website which is publicly accessible free of charge.
10.1 Users and Users are independent and there is no agency relationship, partnership, joint venture, employee-company or franchisor-owner to be created or created under this Agreement.
10.2 The title in this Agreement is made as a reference only, and in no way defines, limits, explains or describes what is or is included in the article.
10.3 Our non-exercise of our right to prosecute our rights under this Agreement or not to take any action by Us against any violation committed by the User to this Agreement shall not exclude or not waive our right to take action against a similar infringement or subsequent breach