| Terms of use |
Terms of Use
PLEASE READ
THESE TERMS AND CONDITIONS CAREFULLY!
Welcome to karajakataja Terms and Conditions of Use Agreement
("Agreement").
This Agreement describes the terms and conditions applicable to your use of
the Karajakataja website. |
1. Acceptance
Of Terms
karajakataja.com operates business-to-business e-marketplace portals
for the electronic supply and/or procurement of goods and services, online
collaboration, and supply chain and procurement management, including under
the www.karajakataja.com and the www.karajakataja.com domain names and other
such domain names as we make available to You from time to time. The
following terms and conditions govern Your use of the karajakataja.com site
and its services ("Service").By using this Site, You agree to follow and be
bound by the following Terms and Conditions of Use and any revisions we may
make to the Terms and Conditions of Use. We may revise the Agreement at any
time by posting the revised terms and conditions on this website. The
amended terms shall automatically be effective immediately upon posting.
Posting by karajakataja.com of the amended terms and conditions and your
continued use of the Service shall be deemed to be acceptance of the amended
terms. In these terms and conditions, all users of the Service shall be
referred to as the "User".
2. The Service.
1. The Service is offered only to business or corporate (e.g.
corporation, limited liability company, partnership, sole proprietorship
etc.) and government entities.
2. The User will select a User ID and Password to access the
Service. The User shall be solely responsible for maintaining the
confidentiality of the User's User ID and Password and for all activities
that occur under the User's User ID and Password. The User hereby undertakes
to notify karajakataja.com immediately of any unauthorized use of the User's
User ID and Password or any other breach of security. The User hereby agrees
and confirms that karajakataja.com shall not be liable for any loss or
damages arising from the User's failure to comply with this paragraph.
3. karajakataja.com may allow Users access to products and services
offered by third party websites through hyperlinks or "co-branded" sites
accessible through the karajakataja.com website. The User acknowledges that
karajakataja.com has no control over such third party's website and
karajakataja.com shall not be responsible or liable to anyone for the
availability of such website, or any goods, product or service made
available on such website, and does not endorse and is not responsible or
liable for any content, advertising, product or other material on or
available from such third party website. The User further acknowledges and
agrees that karajakataja.com shall not be responsible or liable, directly or
indirectly, for any loss, claims, damages or actions arising from or caused
or alleged to be caused by or in connection with the use of or reliance on
any information or content available on or through such third party website
or any underlying transaction between the User and any such third party.
4. karajakataja.com reserves the right to limit, deny or create
different priorities to different users or to change the Service and/or all
of its features and/or to change, upgrade, modify, alter, limit or terminate
the Service at any time temporarily or permanently without prior notice and
for any or no reason at its sole discretion. karajakataja.com further
reserves the right to introduce new features, functionalities and/or
applications to the Service or to future versions of the Service. All new
features, functionalities, applications, modifications, upgrades and
alterations shall be governed by these terms and conditions, unless
otherwise stated by karajakataja.com. The User agrees to the effect that such
action may have on his ability to use the Service hereby agree that in no
event shall karajakataja.com be liable to the User or any third parties for
any inability to use the Service, any delays, inaccuracies, errors or
omissions with respect to any communications or transmission or delivery of
all or any part thereof, or any damage arising there from or occasioned
thereby or for the results obtained from the User's use of the Service.
5. The User agrees not to reverse engineers, decompile, disassemble,
alter, duplicate, make copies, create derivative works from, distribute or
provide others with the Service, its communication protocol or any
information available on, derived or extracted in relation to the Service
other than as allowed under these terms and conditions.
3. Acceptable Use Policy
1. The User may only use this Service for legitimate purpose, and
shall not use the Service to make any speculative, false or fraudulent
Requests or Offers, whether or not in anticipation of demand.
2. The User represents that the User has sufficient authority and is
of sufficient legal capacity to create binding legal obligations for any
liability the User may incur because of the User's use of the Service.
3. The User is solely responsible for all information provided to
karajakataja.com or others during registration or any other time during the
use of the Service ("Your Information") and karajakataja.com acts as a
passive conduit for the User's online distribution and publication of Your
Information. For the avoidance of doubt, "Your Information" includes any
information data, text, software, music, sound, photographs, graphics,
video, messages and other materials provided by the User to karajakataja.com
during registration, trading or listing processes or at any other time
during the User's use of the Service.
4. The User warrants and agrees that the User has all rights,
including all copyrights, or has obtained all necessary third party
copyright or trademark licenses and permissions in relation to Your
Information and shall be solely responsible for ensuring that any material
or information posted on the Service or provided to karajakataja.com or
authorized to karajakataja.com to display or publish through the Service does
not violate the copyright, trademark, trade secret or any other personal or
proprietary rights of any third party or is posted with the permission of
the owner(s) of such rights. Notwithstanding any of the above provisions,
karajakataja.com reserves the right to take any action (including withdrawing
any part or all of Your Information) karajakataja.com deems necessary or
appropriate if, in karajakataja.com's sole discretion, karajakataja.com
believes may create liability for karajakataja.com or may cause
karajakataja.com to lose (in whole or in part) the services of its Internet
Service Providers or other suppliers or may cause us to contravene any
applicable laws or regulations regulating the conduct of web and/or Internet
related activities.
5. The User shall not use the Service for any unlawful or
inappropriate purposes, including without limitation, spoofing, sniffing,
cheating, fraud, forgery, electronic trespass, hacking and system
contamination including without limitation, use of viruses, worms and
Trojans causing unauthorized damage or harmful access and/or retrieval of
information.
6. Any Request or Offer made through the Service or content and
information published through the Service or User?s Web Store shall not
(a) be fraudulent or make fraudulent offers or involve the sale or
purchase or attempted sale or purchase of counterfeit or stolen items or
otherwise promote other illegal activities;
(b) infringe or otherwise abet or encourage the infringement or
violation of any third parties' copyright, patent, trademark, trade secret
or other proprietary right(s);
(c) violate any applicable law, statute, ordinance or regulation
(including without limitation those governing export control, consumer
protection, unfair competition, anti-discrimination or false advertising);
(d) be obscene or contains or infers any pornography or sex-related
merchandising or any other sexual content or otherwise promotes sexually
explicit materials or is otherwise harmful to minors.
(e) Post any content that advocates, promotes, or otherwise
encourages violence against any governments, organizations, groups, or
individuals or that provides instruction, information, or assistance in
causing or carrying out such violence.
(f) Publish material that is grossly offensive to the Karajakataja
online community, blatant expressions of bigotry, prejudice, racism, hatred,
or excessive profanity; or post any obscene, lewd, lascivious, filthy,
excessively violent, harassing, or otherwise objectionable content.
7. The User shall not use the Messaging System for junk mail, chain
letters or spamming or the transmission of any unlawful, harassing,
libelous, abusive, threatening, harmful, vulgar, obscene or otherwise
objectionable material of any kind or nature. Further, the User shall not
use the Messaging System to publish, distribute, transmit or circulate any
unsolicited advertising or promotional information or any content that is
obscene, indecent, seditious, offensive, defamatory, threatening, or which
incites or results in causing racial hatred, discrimination, menace or
breach of confidence.
8. The User may not take any action which may undermine the
integrity of karajakataja.com 's feedback system, such as leaving positive
feedback for himself using secondary User IDs or through third parties or by
leaving unsubstantiated negative feedback for another User.
4. karajakataja.com is only a venue
1. karajakataja.com is not involved in the actual transaction between
Users. As a result, karajakataja.com has no control over the quality, safety
or legality of the items offered for sale, the truth or accuracy of the
listings, the ability of the suppliers to sell the items or the ability of
buyers to buy items. Further, karajakataja.com cannot and does not control
whether or not sellers will complete the sale of items they offer for sale
or buyers would complete the purchase of the items they procure through the
Service. In addition, Users are hereby made aware that there may be risks of
dealing with foreign nationals, under-aged persons or people acting under
false pretences.
2. Users are solely responsible for all of the terms and conditions
of the transactions between themselves and other buyers and sellers (as the
case may be), including, without limitation, terms regarding payment,
returns, warranties, shipping, insurance, fees, taxes, title, licenses,
fines, permits, handling, transportation and storage.
3. karajakataja.com does not endorse or make any representation or
warranty whatsoever (whether express or implied) and shall not be
responsible or liable under any circumstances whatsoever, in respect of
(a) any third party website hyperlinked to the karajakataja.com
website, or any products, services, information, data or other content
offered or provided therein; and/or
(b) any product, service, information, data or other content offered
or provided by third parties in or through the karajakataja.com website.
4. As karajakataja.com acts only as a facilitator to the transactions
between Users, karajakataja.com shall have no liability for the failure of
any items bought or sold via the Service to meet any specification,
requirement or description or for the breach or alleged breach of any
warranty given or made by the supplier or for the failure of the supplier to
deliver the items to the buyer or for the failure of the buyer to make
payment. As a condition for the use of the Service, each User agrees to look
solely to the other party to the transaction for damages or liabilities
incurred because of any failure to meet specification or description, breach
or alleged breach of warranty or failure to make delivery or failure to make
payment.
5. In the event that any User has a dispute with any party to a
transaction, the parties agree to release and indemnify karajakataja.com and
save us harmless (and our agents, affiliates, directors and employees) from
all claims, demands, actions, proceedings, costs, expenses and damages
(including without limitation any actual, special, incidental or
consequential damages) of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising out of or in
any way connected with such disputes.
Unless otherwise prohibited by any applicable law, all Users hereby
waive any statutory or regulatory provision or similar provision to such
effect which provides that: "A general release does not extend to claims
which the creditor does not know or suspect to exist in his favor at the
time of executing the release, which if known by him must have materially
affected his settlement with the debtor."
5. User's Responsibility
1. Users are hereby granted access to karajakataja.com's various
features, directories, databases and listings in accordance with these terms
and conditions and as otherwise permitted by karajakataja.com. Any other use
or attempt to use karajakataja.com 's various features, directories,
databases and listings for commercial, copying, reproduction, mass marketing
(whether by spamming or not) or any other unauthorized purpose is strictly
prohibited. The User agrees that the User shall not commercially exploit any
information received or accessed through the Service including but not
limited to copying (through robots, spiders, any automatic device or manual
process) except with karajakataja.com's prior written consent.
2. The User shall not use any device, software or routine to
interfere or attempt to interfere with the proper working of the Service.
Each User shall not undermine or attempt to undermine the security or
integrity of the computer systems or networks used by karajakataja.com and/or
any user of the Service and shall not attempt to gain unauthorized access to
such computer systems or networks. The User shall not use the Service for
any illegal purposes or in support of any illegal purpose or activity.
3. Each User hereby represents, warrants and agrees to
(a) Provide true, accurate, current and complete information about
itself and its business referees as may be required by karajakataja.com; and
(b) Maintain and promptly amend all information to keep it true,
accurate, current and complete.
4. If any User provides any information that is untrue, inaccurate
or is not current or complete, or if karajakataja.com has reasonable grounds
to suspect that such information is untrue, inaccurate or is not current or
complete, karajakataja.com has the right to suspend or terminate such User's
membership and refuse any and all current or future use of the Service or
any other services that may be provided by karajakataja.com.
5. Each User agrees and accepts that karajakataja.com shall not
actively monitor nor exercise any editorial control whatsoever over the
content of Your Information or other material or information created,
obtained or accessible through the Service. karajakataja.com does not
endorse, verify or otherwise certify the contents of any comments or other
material or information made by any User.
Each User is solely responsible for the contents of such User's
information and may be held legally liable or accountable for the content of
each such User's comments or other material or information. However,
karajakataja.com reserves the right to remove any material it becomes aware
of that is in its sole discretion, potentially unlawful, could subject
karajakataja.com to liability, violates these terms and conditions or is
otherwise found inappropriate. karajakataja.com reserves the right to
cooperate fully with legal authorities and/or injured third parties in the
investigation of any suspected criminal or civil wrongdoing. Further,
karajakataja.com reserves the right to suspend or terminate the membership of
such User, as karajakataja.com deems appropriate in its sole discretion.
Further, each User agrees to indemnify karajakataja.com, 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 the User's posting of information or
deletion thereof, from such User's use of the Service or from such User's
breach of these terms and conditions. Each User further agrees that
karajakataja.com is not responsible, and shall have no liability to it or
anyone else for any material posted by such User 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 User.
6. Each User represents, warrants and agrees that it shall not use
the Service for any unlawful or inappropriate purposes, including without
limitation, spoofing, sniffing, eavesdropping or spamming other users,
harassment, fraud, forgery, electronic trespass, hacking, system
contamination including without limitation use or viruses, worms and Trojans
causing unauthorized damaging or harmful access and/or retrieval of
information.
6. Charges and Fees
1. The rates for fees chargeable under the Service shall be
published on karajakataja.com website. All fees (if any) shall be payable in
advance to karajakataja.com by wire transfer, charging the User's credit card
or such other method acceptable to karajakataja.com, in US Dollars or its
equivalent in such other currency as permitted by karajakataja.com. Unless
otherwise agreed between karajakataja.com and any User, all payments made are
non-refundable.
2. All rates are exclusive of any taxes, duties or other
governmental, banking or transactional and handling charges or levies that
each User shall continue to be liable for as and when the same is imposed or
incurred.
3. karajakataja.com reserves the right to modify its pricing
structure and payment conditions from time to time at its sole discretion if
not less than fifteen (15) days notice shall be given to each User.
7. Termination of Membership
1. karajakataja.com may terminate the Service at any time on the
giving of at least one (1) months notice to the User or immediately by
notice if there is any breach of a material term of these terms and
conditions by the User.
2. karajakataja.com may also terminate the provision of the Service
to any User if such User's membership has not been activated or his account
remains inactive for three (3) consecutive months. In such a case, if the
User wishes to reactivate his account, the User shall be required to proceed
with karajakataja.com's registration process to re-register as a User of the
Service.
3. Without limitation to any remedies that may be available,
karajakataja.com may immediately issue a warning, temporarily suspend
(whether for a fixed period or indefinitely) or terminate a User's
membership, any of the User's listings or any other information placed by
the User on karajakataja.com's website if (a) the User breaches a material
term herein;(b) karajakataja.com is unable to verify or authenticate any
information provided by the User; or(c) karajakataja.com believes in its sole
discretion that the User's act or omission may cause legal liability for the
User, any other Users, third party service providers or karajakataja.com.
Furthermore, karajakataja.com may suspend or terminate any User's membership
if the User is found (whether by conviction, settlement, insurance or escrow
investigation or otherwise) to have engaged in fraudulent activity in
connection with the use of karajakataja.com's website or the Service.
4. Upon termination, all licenses, rights and privileges granted to
the User shall cease.
5. Notwithstanding any of the above provisions, termination of the
relationship herein shall not affect any accrued rights or liabilities of
either party nor shall it affect the coming into force or the continuance in
force of any provision contained herein which is expressly or by implication
intended to come into or continue in force on or after such termination.
6. Clauses 2.4, 2.5, 2.6, 4.4, 4.5, 5.5, 7, 8 and 9 shall survive
the termination of the relationship between any User and karajakataja.com or
the termination of these terms and conditions.
8. Limitation of Liability
1. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS,
AND karajakataja.com 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. ALL SUCH WARRANTIES,
REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.
karajakataja.com MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY,
ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR
CURRENTNESS OF TECHNICAL AND ANY OTHER INFORMATION PROVIDED THROUGH THE
SERVICE.
2. Any material downloaded or otherwise obtained with the Service is
done at each User's sole discretion and risk and each User 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 User from karajakataja.com or
through or from the Service shall create any warranty not expressly stated
herein.
3. Under no circumstances shall karajakataja.com be held liable for
any 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. Each User hereby agrees to
indemnify and save karajakataja.com, its employees, agents and
representatives harmless, from any and all losses, claims, liabilities
(including legal costs on a full indemnity basis) which may arise from such
User's use of the Service (including but not limited to the display of such
User's information on the Site) or from its breach of any of the terms and
conditions herein. Each User further agrees that karajakataja.com is not
responsible and shall have no liability to it, for any material posted by
others; including defamatory, offensive or illicit material and that the
risk of damages from such material rests entirely with each User.
4. Except to the extent that such liability cannot be excluded by or
limited by law, karajakataja.com 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 or not advised
of the possibility of damage, regardless of the form of action, whether in
contract, negligence, tort or otherwise or any other damages resulting from
(a) the use or the inability to use the Service;
(b) the cost of procurement of substitute goods and services
resulting from any goods, samples, data, information or services purchased
or obtained or messages received or transactions entered into of through of
from the Service;
(c) unauthorized access to or alteration of transmissions or data;
(d) statements or conduct of any third party on the Service; or
(e) any other matter relating to the Service however arising,
including negligence.
5. Notwithstanding any of the foregoing provisions, the aggregate
liability for karajakataja.com to each User for all claims arising from the
use of the Service is limited to US$10.00. All claims arising from the use
of the Service must be filed within one (1) year from the date the cause of
action arose.
9. Intellectual Property Rights
Karajakataja, Inc. is the sole owner 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 Karajakataja, Inc.. All rights not otherwise claimed
herein or by Karajakataja, Inc. are hereby reserved.
"karajakataja.com", "karajakataja.com", and related icons and logos in various
languages and translations, are trademarks and service marks of
Karajakataja, Inc. in the Philippines, United States, and other countries
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.
10. General
1. These terms and conditions constitute the entire agreement
between the User and karajakataja.com; and govern the use of the Service,
superseding any prior written or oral agreements in relation to the same
subject matter herein.
2. If any provision herein is held to be invalid or unenforceable,
such provision shall be struck and the remaining provisions shall be
enforced.
3. Headings are for reference purposes only and in no way define,
limit, construe or describe the scope or extent of such section.
4. karajakataja.com's failure to enforce any right or failure to act
with respect to any breach by a User under these terms and conditions will
not waive that right nor waives karajakataja.com's right to act with respect
with subsequent or similar breaches.
5. karajakataja.com shall have the right to assign their obligations
and duties herein to any person or entity.
11. Governing Law
These terms and conditions shall be governed
by the laws of the Philippine and the Parties hereby irrevocably submit to
the competent courts of Manila, Philippines. If local laws prohibit your
participation in any part of the Karajakataja Service, or use of them, you
are responsible for complying with such laws as well as the terms and
conditions of this agreement.
12. Your Warranty
You represent and warrant that you are 18 years old or over; have
read this Terms and Conditions of Use and agree to be bound with them. |
| ? |
|
|
|
|