This Terms and Conditions, hereinafter referred to as “Terms and Conditions”, is an agreement between Indomachinery.com (hereinafter referred to as “the Site”, “we”, “us” and “our”) and you as the User, hereinafter referred to as “the User”, you, your, yours”; that outlines the terms and conditions of the use of products and services of the Site (hereinafter referred to as “the Service”), and any components and other derivatives thereof.
Furthermore, you accept and agree that this Terms and Conditions is a legal contract and valid since you use the Site.
You totally have the right to discontinue the use of Service in the Site, if you do not agree with this Terms and Conditions.
Site is a website where the address is in www.indomachinery.com. A website that deals with the ads business, with the main listed products are machinery and its part and components, from various kinds of industry fields.
A person, or people, or company, or any organization who visiting, accessing, searching, downloading, purchasing, subscribing, doing transaction, placing the ad, giving response or comment, or any other activity that its characteristic can be categorized as using the Site, including registered user and unregistered user.
Any kinds of digital product and digital service that is provided by the Site for the User, either physically or non-physically, either free or paid service, which aims to result the added value for all parties (both for the Site and for the User).
d. User Account:
Account is a group of data associated with a certain User in the system where the Site is running, that is used to access and to use a certain function or some features of the Site Service. Each account consists of username (name of User) and password (pass key), email address of the User and other required data, also it defines the security access level of a person into the Site. Data of email address and password as given by the User in the registration process or in the login process is the User’s data, that the User is obliged to maintain its confidentiality and its security by himself, and is obliged to keep the User Account from any abuse, and the User is fully responsible for the activities occur under that User Account.
e. Site Administrator:
Site Administrator is a person or a group of people from the Site, who has a full authorization to conduct the management of the Site, including but not limited to, to make setting and management of the User Account, to activate the account, to deactivate the account, to reset the password, to manage the content of the account, and to delete the account from the Site system. Site Administrator has a full authorization to conduct the management of the Site content, including but not limited to, to monitor the User’s activity, to filter the content of the posting (either the ad, comment, article, or any other material) posted by the User, to delete the content of the posting (either the ad, comment, article, or any other material) from the User, without any prior notification to the User, at anytime, if regarded as necessary by the Site; such as it occurs the indication of nonconformance or violation against this Terms and Conditions.
Advertiser is a person or a group of people who uses the Service in the Site, by placing the ad, either free or paid ad service.
Seller is a person or a group of people, or company who uses the Service in the Site, to sell his/her product or service, by placing the ad, either free or paid ad service.
Buyer is a person or a group of people, or company who uses the Service in the Site, to search and to purchase the product or service as sold by the Advertiser or by the Seller.
i. Products & Services
Products and Services are the goods, and or services provided by the Advertiser or the Seller, that are advertised in the Site, for the purpose to be purchased or to be used by the Buyer.
Membership is a kind of User registration that is chosen by the User himself, under limitation and feature that have been known before by the User when doing the registration.
k. Listing Package
Listing Package is a mutual contract between the Site and the User on a certain ad listing under the certain limitation and feature that have been known before by the User when doing the registration.
3. General Principle
a. The Site is a business group, that is established based on and abide by the Law of the Republic of Indonesia. Therefore, the User agrees that this Terms and Condition abides by the legal jurisdiction of the Republic of Indonesia.
b. The main business of the Site is operating the ads website, with the main advertised product is machinery, its parts and components, from the various kind of industry field, by online basis; with the system where the ad content is provided by the User himself, where the advertiser or seller and the buyer can directly communicate each other.
c. The Site operates the business in the principle of “as available”, it means as long as the supporting conditions that support the Site to run well can be fulfilled, under any deficiency and limitation in serving the User, in other word: “as it is”, with the purpose to improve the added value for the User and for the Site.
d. The Site has the full authorization to conduct any changes in the Site Service (either changes of Site display and feature), to conduct repair, to develop, to adjust the membership program and Service program (either its feature and price), to update, to upgrade the performance, to maintain the Site periodically, for the purpose to improve the added value for the Site and for the User, at anytime without prior notification to the User.
e. If any misinterpretation or inconsistency occurs between this Terms and Conditions in any other language (not in Indonesian language) with the Indonesian version, therefore the Indonesian version shall be used as the valid correction reference.
f. If any dispute arises between the Site and the User, therefore the main solution shall be solved through the mutual agreement between the Site and the User. If the mutual agreement cannot solve the problem, therefore the Site and the User agree to solve it in the Court of the Republic of Indonesia.
4. Limitation of Liability
1) It occurs technical problem in the server of the Site (minor and major)
2) It occurs Force Majeure, such as:
3) It occurs other condition outside the authority and outside the capability of the Site to solve it.
4) It occurs any lost happened on the User side, such as:
5) There is an authority by the government or the authorized institution so that it causes the Site Service stopped.
6) There is intervention by the other third party so that it causes the Site Service stopped.
i. The User specially understands and agrees that the use of Service in the Site by the User has the risk and under the policy of the User himself/herself. Where any risk such as loss or damage arising from the use of the Site is fully under the User’s responsibility.
5. Use of Site Service
The User understands and agrees the Terms and Conditions of the use of Site Service, as following:
a. User’s Obligation:
In using the Site Service, the User, Seller and Advertiser are obliged to ensure the following items firstly:
1. The advertised products and services are not the products and services that are prohibited by the Law of the Republic of Indonesia.
2. The advertised products and services are the products and services that are provided by the Seller or Advertiser or its affiliate, not the products and services of the other third party.
3. The advertised products and services have the relationship with the machinery, parts and components.
4. The correctness of the products and services information as advertised is in accordance with the description as provided in the published ad, including the product name, price, function or other information.
5. Any data, information, link, picture or other material provided and attached by the User, Seller or Advertiser has its respective consequences (either legal consequences or economic consequences) under its attachment.
6. Any User’s activity in the Site, including but not limited to, using the Site, visiting, accessing, searching, downloading, purchasing, subscribing, doing transaction, placing the ad, giving response or comment, or doing any other activity in the Site, has already been aware and well-considered by the User.
Any risk or any arising loss due to not paying attention on the abovementioned User’s obligation, is fully under the User’s responsibility.
In using the Site Service, the User is prohibited to conduct the following actions:
7. Giving the comment that is sensitive and has potency to harass any ethnicity, religion, race and inter-group relation.
8. Threatening or intimidating the Site or other User.
9. Doing any effort that has potency to make the Site or other User suffers loss, either potency of loss materially or non-materially.
10. Doing the content copying, alteration, modification, manipulation, reproduction, or publication in other place, of a part or the whole content of the Site, with the purpose of making the Site or other User suffers loss, without any prior consent from the Site.
The violation against the abovementioned prohibition can result to the deactivation of the User’s account or the deletion of the ad content by the Site Administrator at anytime, without prior notification to the User.
The serious violation against the abovementioned prohibition can be followed up by the Site by reporting it to the authorized institution to proceed the applicable legal process.
The User hereby agree to indemnify, to release and to defend the Site, the Site Owner, Site officer, Director, Commissioner, officer, employee, supplier, Site affiliate and Site agency, harmless from any claim or demand, liability, compensation and any cost arising from or related with the use of Site Service; due to any User’s violation against any third party, including but not limited to the violation of the intellectual property right, current asset or fixed asset, privacy right and or any claim related with the User’s action that causing the loss for the third party.
7. Paid Service
The Site has the full authorization to determine any price and to charge any fee from any Service provided by the Site to the User; by the condition, feature and price that has been firstly known by the User before doing purchase or subscription transaction.
The User hereby understands and agrees that the User who is using the Paid Service or the free Service in the Site has already understood and agreed with this Terms and Conditions.
If the User does not agree with this Terms and Conditions, therefore the User has the right to discontinue the Paid Service or the free service of the Site.
The User hereby understands and agrees that if the User has already conducted purchase or subscription transaction on the Site to place the ad, therefore there is no refund for any membership contract and listing package that has been agreed and done its transaction by the User.
Listing Package of any membership contract that has been taken and paid by the User is a mutual agreement between the Site and the User, where the active duration period of the ad listing and ad feature shall be in accordance with what is selected and taken by the User when placing the ad listing.
The Site accepts any question related with the Site Service, and this Terms and Condition, that can be delivered to our Customer Service in: firstname.lastname@example.org
9. Validity of Terms and Conditions
This Terms and Conditions can be at anytime changed by the Site, without prior notification to the User.This Terms and Conditions is effective since 01 March 2017, until present.