TERMS OF SERVICE AGREEMENT
Welcome to the website of JAGOFON. The website is operated by JAGOFON at https://www.jagofon.com (the "WEBSITE"). BY ACCESSING OR USING THIS WEBSITE IN ANY WAY YOU CONFIRM AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
'Buyer': a Member who has indicated his/her acceptance of an offer from a Reseller on the Website.
'Reseller': a Member who puts Products up for sale through the Website
'Content': any information, data, text, software, photographs, graphics, video, messages, tags, and/or other materials accessible through JAGOFON.
'Use' Content’: any content provided by a Member on the Website
'Member': any person or company that registers on the Website.
'User': any person or company using the Website.
'Product': a product which has been put up for sale on the Website by the Reseller.
'Services': the JAGOFON Services as defined below
2. JAGOFON SERVICES
JAGOFON is an online marketplace platform that enables Members to upload, offer, sell, and purchase Products. As an online marketplace, we do not own nor sell the listed Products on the Website. Thus, the Resellers and Buyers enter the actual contract for sale independent of JAGOFON.
JAGOFON may outline pricing standards and/or other forms of guidance, however this input is solely informational. We are independent of any transaction between Members. JAGOFON does not warrant the suitability, reliability, timeliness, or accuracy in public, private or offline interactions. JAGOFON is not responsible for the accuracy or reliability of this information or any other information the Services may suggest. In every interaction with other Users, exercising caution to protect your personal safety and property is strongly advised, just as when interacting with other unfamiliar persons. JAGOFON IS NOT TO BE HELD RESPONSIBLE FOR THE CONDUCT OF ANY USER OF THE SERVICES AND JAGOFON IS NOT TO BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN RELATION TO THE USE OF THE WEBSITE.
Every Member agrees to abide by the laws, regulations and standards that exist in relation to the use of the offered Services on the Website, the uploading of for sale Products, the transaction, the provision of offers to sell and finally the sale of Products.
3. JAGOFON ROLE AND RESPONSIBILITIES
JAGOFON as well as each Member are parties independent of each other. This Agreement does not establish any relationship of subordination, mandate, partnership, joint venture, employer/employee, or franchisor/franchisee between JAGOFON and each Member.
JAGOFON explicitly disclaims any liability that may surface between Users upon the use of the Services. The Services are only a means for connecting Members. Due to the absence of JAGOFON’s involvement in the actual contract between Members including but not limited to the completion of a sale, you release JAGOFON from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
JAGOFON reserves the right to partake in the marketing/promotion of the Products uploaded and put for sale by the Resellers on the Website, especially through the establishing of partnerships with other websites and/or media publications and/or the delivery of promotional emails. JAGOFON does not have control over the information provided by the Members and made public on the Website.
4. REGISTRATION AND ACCOUNT REMOVAL
To access the Services, Buyer must register and create an account on the Website. Any person intends to register as a Buyer on the Website agrees to provide accurate, full and up-to-date information, and any other data (personal data in particular) that is required for finalizing and maintaining registration on the Website, particularly a valid email address and all other additional information required to become a Buyer. Every Buyer is solely responsible for the consequences of providing untruthful, invalid, or erroneous information to JAGOFON or to another Member.
Registration of a Buyer on the Website enables him/her to create a distinctive account through which the Services of the Website are to be made accessible to him/her. The username and the password of the Buyer are strictly personal and the Buyer agrees to maintain their confidentiality.
If and when a Buyer wishes his/her account be removed, he/she must send the request to: firstname.lastname@example.org. JAGOFON will action the removal of the Buyer’s account at Buyer’s request, subject to the conditions that all orders have been honored; that claims, exercises of the right of withdrawal; and refunds have been processed; and that there are no other ongoing operations and/or warranties.
5. USER CONTENT
Every Buyer agrees to utilize the Website and when suitable, provide User Content on the Website in a manner that abides by this Agreement and any relevant legal and regulatory provisions. Buyer is solely responsible for his/her own generation of User Content. Throughout using and accessing the Website, every Buyer agrees to not, under any circumstances provide any User Content that infringes any right of disclosure or the privacy of third parties; - that is defamatory, offensive, derogatory, false, or misleading.; - that breaches any applicable law or regulation and/or any contractual clause that is binding on the Member. JAGOFON shall have the right to action the removal of any Content at its own discretion.By conveying your User Content through the Website, you grant to JAGOFON a license that is non-exclusive, non-transferrable, sublicensable, and free of charge, worldwide, and for the duration of your registration, to use, reproduce, represent, publish, make available, communicate, modify, adapt, and display on the Website and on all other media all or part of your User Content. You agree to indemnify and hold JAGOFON harmless from any losses, costs, liabilities and expenses relating to or arising out of: (a) your User Content; (b) your use of, or inability to use, the website; (c) your violation of this Agreement; (d) your violation of any rights of another party; or (e) your violation of any applicable laws, rules or regulations.
Each Member agrees not to list and offer for sale on the Website any Forbidden Products, and particularly Products that: contravene applicable laws and regulations, are not authorized by virtue of contractual provisions, and particularly fraudulent Products (especially Products that constitute stolen or illegally imported goods), that infringe the rights of a third party, such as counterfeit Products, Products sold in breach of selective or exclusive distribution networks, or Products that are stolen and/or non-compliant with the laws in force relating to health and safety.
6. BUYER OBLIGATIONS
Every Buyer is only able to create one account on the Website. This created account then enables him/her to purchase Products on the Website. Every Buyer agrees to abide by all applicable laws and regulations in relation to the purchase of Products. Upon choosing his/her Product(s), the Buyer is liable to check the order details, the price, fill in any information if necessary, depending on the payment means chosen, the information allowing the payment of the Product and correct any possible errors before confirming the order to express acceptance. From the moment the Buyer places a Product order on the Website, Buyer accepts that his/her surname and first name, as well as the delivery address, and phone number may be communicated to the Reseller.
In there is no Product delivery, the Buyer shall register a complaint. Such complaint must be lodged within 7 days of the date of Product shipment, failure to do so shall deem the transaction completed.
7. SALE PROCESS
To purchase a Product on the Website, you must be a registered Member. All payment methods available on the Website were set by JAGOFON along with its payment partners. A sale is concluded between Buyer and Reseller immediately upon Buyer’s finalization of the order and successful completion of payment, provided that the Reseller confirms order fulfillment within 2 business days. Shall the allotted time be elapsed without confirmation, JAGOFON may cancel the order and the Buyer gets a refund on the purchase price.
Immediately after the Buyer has finalized his/her order on the Website, a confirmation on said order shall be sent to both Buyer and Reseller. Buyer’s contact details shall be made available to the Reseller once the payment has been successfully made. As soon as the Reseller is ready to ship the order, JAGOFON shall be informed to indicate the shipping date, shipping method and the estimated time for delivery. The Reseller shall take on the costs and risks involved in the shipping of the Product. The Buyer's payment and/or bank details are encrypted by means of the SSL protocol. JAGOFON does not store the Buyer's payment and/or bank details at any time.
8. COMPLAINTS AND DISCLAIMER OF WARRANTY COMPLAINTS
Complaints by Buyer must be sent to email@example.com. Such complaint must be lodged within 7 days of the date of Product shipment, failure to do so shall deem the transaction completed.
Both Buyer and Reseller shall make every effort to resolve the complaint as satisfactorily as possible. Shall the complaint be in regards of non-compliant Product, the Buyer agrees to pack the Product appropriately while taking all the usual precautions for its transport, remove all personal data and passwords if any, and return the Product to the Reseller.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, AND THAT THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. JAGOFON EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. JAGOFON IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD JAGOFON LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES. JAGOFON makes no warranty that the Products provided by Resellers will meet your requirements or be available on an uninterrupted, secure, or error-free basis. JAGOFON makes no warranty regarding the quality of any such goods, or the accuracy, timeliness, truthfulness, completeness, or reliability of any User Content obtained through the WEBSITE.
JAGOFON own all rights, title, and interest in the website. Shall a need arise from any third party to embed a link to the Website, a written request must be submitted to JAGOFON. The website hosts User generated Content that is related to reviews of certain Members. Such reviews are not the opinion of JAGOFON, have not been verified by JAGOFON, and each User should undertake his or her own research to be satisfied concerning any specific Member. JAGOFON is not liable for any User generated Content.
10. LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL JAGOFON BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE JAGOFON WEBSITE, OR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT JAGOFON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE JAGOFON PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE WEBSITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE JAGOFON PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE JAGOFON WEBSITE; OR (5) ANY OTHER MATTER RELATED TO THE JAGOFON WEBSITE, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. CAP ON LIABILITY. UNDER NO CIRCUMSTANCES WILL JAGOFON’S LIABILITY HEREUNDER EXCEED Rp 2.000.000.
11. GENERAL PROVISIONS
JAGOFON reserves the right at any time and at its sole discretion to suspend or interrupt access to the Website and/or operation of the Website, fully or partly, particularly for maintenance interventions, operational necessities, internal choices or in case of emergency. JAGOFON also reserves the right at any time and at its sole discretion to remove or modify any Content, including but not limited to, for technical, commercial, or practical reasons. It is agreed that such interventions shall not give rise to any compensation or damages claims for the benefit of a Member or a User of the Website.
Force Majeure. JAGOFON shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, pandemic, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Questions, Complaints, Claims. If you have any questions, complaints or claims, please contact us at: firstname.lastname@example.org.
Governing Law. The Agreement and any action related thereto will be governed and interpreted by and under the laws of Singapore.
Notice. Where JAGOFON requires that you provide an e-mail address, you are responsible for providing JAGOFON with your most current e-mail address. You may give notice to JAGOFON at the following address: email@example.com
Duration and Termination
This Agreement will continue for an indefinite period of time and can be terminated at any time by JAGOFON by notification which can be given by email or through the Services. Without excluding other legal remedies, JAGOFON reserves the right to issue a warning, to temporarily or permanently suspend Buyer’s registration, to end Buyer’s registration immediately and/or to stop providing its Services to Buyer in the following cases: breach of the present Agreement, including the documents which are incorporated by reference; if JAGOFON is unable to verify or authenticate the information provided, and Buyer does not respond to verification and/or authentication requests; if the actions of Buyer could engage the responsibility of JAGOFON, that of Buyer, or that of any other Member.
Entire Agreement. The Agreement is the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.