These Terms and Conditions of Service (“Terms of Service”) govern your membership on Puranaindonesia.com (the “Purana Site” or the “Site”) and your purchases and use of products and services (the “Services”) available through the Purana Site. The Purana Site are operated by Purana and/or its subsidiaries and affiliates (collectively, “Purana”).
By accessing or using the Service, establishing membership on the Purana Site, or purchasing or using products or services through the Purana Site, you acknowledge and agree to be bound by these terms (the ”Agreement”) as follows:
These Terms of Service have been executed and delivered by you and constitute a valid and binding agreement between you and Purana, enforceable against you in accordance with their terms.
In order to enter Agreement with Purana you must be over 18 years of age. If you are under 18, your parent or guardian must enter into this Agreement on your behalf, and will be responsible for your use of and access to the Service; this includes financial responsibility for any items you purchase through the Service. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. If you are under 13, please do not attempt to register for the Service or send any information about yourself to us, including your name, address, telephone number, or email address. If we learn that we have collected personal information from anyone under age 13 without verification of parental consent, we will delete that information as quickly as possible.
You shall establish and use your membership on the Purana Site, and purchase and use the products and services available through the Purana Site (“Products” or “Vouchers”), in strict compliance with these Terms of Service and all applicable laws, rules and regulations (collectively, “Laws”). All calls, emails and other communications between you and Purana may be recorded.
By subsequently using this site, you agree to abide by each of those terms and conditions of service.
Some of the services or features made available to you on the Site upon your registration only. When you register, you are required to provide information about yourself, data, and other materials that is true, accurate, current, and complete in all respects. You are responsible for updating and correcting the information you have provided to Purana by updating the information on the account you may establish on www.puranaindonesia.com. We reserve the right to change registration requirements from time to time without any prior or subsequent notice.
4. Trademarks and Copyrights
The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Purana or its licensors or content providers, or other parties. Users or any parties acting on their behalf are prohibited from using any Marks for any purpose including, but not limited to use as meta tags on other pages or Site without the written permission of Purana or such third party which may own the Marks. You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without Purana’s express written consent. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without Purana’s express written consent. All content (including any software programs) available on or through the Site is protected by copyright, trademark and other applicable Republic of Indonesia and foreign laws.
a. Establishing a Membership
In order to access certain features of the Site and Services and to post any Member Content on the Site, or through the Services, you must register as a member (“Member”) to create an account (”Account”).
You may establish membership on the Purana Site. At a minimum, enrollment requires you to
(1) indicate agreement to these Terms of Service,
(2) provide contact information and identification details, and
(3) submit any other form of authentication required as part of the enrollment process, in Purana’s sole discretion.
You agree to accept responsibility for all activities that occur under your account or password. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account.
b. Use of Membership
You shall not use your Purana membership for any purpose competitive to Purana. You will notify Purana immediately by emailing email@example.com of any unauthorized use of your Purana membership or the Purana Site known to you, whether by you or a third party.
c. Membership Termination
You may cancel your Purana membership at any time by contacting Purana customer support as specified on the “Contact Us” page on the Purana Site. Purana may terminate your membership and refuse any and all current or future use of the Purana Site or other services, or any portion thereof,
(1) in order to comply with applicable Law,
(2) if you provide any information that Purana determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete),
(3) if Purana determines, in its sole discretion, that you are using your Purana membership in a manner not permitted by these Terms of Service, or
(4) in other circumstances, as Purana deems appropriate in its sole discretion. Please note that termination by you or Purana of your Purana membership may result in the termination of your memberships in Purana’s affiliated website.
d. Member Content
We may permit Members to post, upload, publish, submit or transmit Member Content. Purana does not claim any ownership rights in any Member Content and nothing in these Terms restricts any rights that you may have to use and exploit any Member Content. By making available any Member Content through the Site or Services, you grant Purana a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content only on, through or by means of the Site or Services.
You are solely responsible for all Member Content that you make available through the Site and Services. You represent and warrant that you are the sole owner of all Member Content that you make available through the Site and Services or you have all rights, licenses, consents and releases necessary to grant to Purana the rights in such Member Content, as contemplated under these Terms of Service. You also represent and warrant that neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Purana’s use of the Member Content will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Purana will report any such breach to the relevant law enforcement authorities and disclose your identity to them. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Purana reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
6. Terms of Sale
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between you and Purana for the purchase of the goods will not be formed until your payment has been accepted and approved by Purana and/or we have debited your credit or debit card.
Purana may, in its sole discretion, choose to not process or to cancel your order in certain circumstances. This may occur, for example, when the product or service you wish to purchase is out of stock or has been mispriced, we suspect the request is fraudulent, or in other circumstances Purana deems appropriate in its sole discretion. Purana also reserves the right, in its sole discretion, to take steps to verify your identity to process your order. Purana will either not charge you or refund the charges for orders that we do not process or cancel.
b. Return Policy
Purana accepts returns on certain merchandise on a case-by-case basis. For Purana‘s Return Policy, which may change from time to time, please click www.puranaindonesia.com/return-exchange.
c. Product and Service Descriptions
Purana attempts to provide accurate descriptions of products and services on the Purana Site. Purana does not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. Purana attempts to reproduce the most accurate colors and dimension as true to life as possible. But due to the nature of the hand dyeing process and screen display process, the colors and dimension of a product sometimes may vary slightly from the color chart or the original product. If a product or service offered on the Purana Site is not as described, your sole remedy is to return the item, as specified in these Terms of Service.
d. Pricing Information
Purana strives to provide accurate pricing information regarding the products and services available on the Purana Site. We cannot, however, insure against pricing errors. Purana reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product or service whose price was incorrectly posted on the site as a result of an error. If this occurs, Purana will notify you by email. In addition, Purana reserves the right, at its sole discretion, to correct any error in the stated full retail price.
e. Product and Service Availability
The Purana Site may contain information regarding the availability of merchandise. This information can be used to estimate the likelihood that an item will be shipped immediately after you place your order. Unfortunately, Purana cannot guarantee that an item listed as “in stock” will actually ship right away, as inventory can change significantly from day-to-day. In rare cases, a product or service offering may be in stock when a customer places the order, and sold out by the time Purana attempts to process the order. Should this happen, Purana will notify you by email. Service offerings that are out-of-stock generally are no longer available. If Purana determines that a product or service you wish to purchase is no longer available, the item will be cancelled from your order. Purana will notify you by email and delete the item from the Purana Site.
Our policy regarding shipping, which may change from time to time, is located at the “Shipping Information” section of http://www.puranaindonesia.com/shipping-information.
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
We use Rupiah (IDR), the currency of Indonesia, for any payment and/or charge onto your credit/debit card. Prices shown in the Site may be displayed in a foreign currency but we will use Rupiah (IDR) as the transaction price charged instead based on the conversion rate of such foreign currency into Rupiah (IDR) applicable in our bank.
i. Discount Tokens and Codes
You can use token(s) for any transactions made on this Site under terms and conditions as follows:
• 1. Fill in the number and value of your token;
• 2. Token is still valid and not yet expired;
• 3. Token is valid for all on-line purchase on the Site;
• 4. Token is not exchangeable and is non-refundable for cash in the Currency;
• 5. Token can only be used for 1 (one) transaction on the Site;
• 6. Token is not for resale and is not transferable to other party;
• 7. Token can only be used for any purchase of product(s) equal to or greater than the value of the Token;
• 8. Token cannot be used for any purchase product(s) less than the value of the Token;
• 9. Token cannot be used in conjunction with any other promotional programs, discount programs and/or credit card programs;
• 10. Token(s) may or may not be cumulative; if Token is cumulative, you may use more than 1 (one) Token in 1 (one) transaction, however if Token is not cumulative, you can only use 1 (one) Token in 1 (one) transaction; and
• 11. You agree to be bound by the Terms.
You can use discount code(s) for any transactions made on this Site under terms and conditions as follows:
• 1. Account discount codes - Discount codes may from time to time be offered to account holders; such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered. Account discount codes will thus not be transferrable.
• 2. Promotional discount codes - We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Site.
7. Force Majeure
Purana shall be excused from performance under the Terms of Service, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, (5) , changes in the applicable laws and regulations or specified policy by the Government of the Republic of Indonesia, or (6) other causes beyond the reasonable control of Purana. In the event that Purana is temporarily unable to ship to you a purchased item because of such an event, Purana will give you the option of deferring shipment or receiving a refund of your charges.
8. Linking to This Website
You may link to Purana Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
9. Third Party Links
You agree to defend, indemnify and hold harmless Purana and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
(i) your use of and access to the Service, including any data or content transmitted or received by you;
(ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties you make in this Agreement;
(iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights;
(iv) your violation of any applicable law, rule or regulation;
(v) any claim or damages that arise as a result of any of your Member Content or any that is submitted via your account; or
(vi) any other party’s access and use of the Service with your username, password or other appropriate security code.
11. Disclaimer/NO WARRANTY
THE SERVICE AND ANY PRODUCT OR SERVICE YOU PURCHASE THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND THE PRODUCTS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PURANA, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE OR THE PRODUCTS WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. PURANA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PURANA SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND PURANA WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
We take no responsibility and assume no liability for any Member Content posted or sent over the Site, or Service. You shall be solely responsible for your Member Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your Member Content. You understand and agree that you may be exposed to Member Content that is inaccurate, objectionable, or otherwise unsuited to your purpose, and you agree that we shall not be liable for any damages you incur or allege to incur as a result of Member Content.
12. LIMITATION OF LIABILITYTO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PURANA, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE OR ANY PRODUCT. UNDER NO CIRCUMSTANCES WILL PURANA BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PURANA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AVAILABLE ON OR THROUGH THE SERVICE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE OR ANY PRODUCT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PURANA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled and operated from our facilities in Indonesia. Purana makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Republic of Indonesia and local laws and regulations, including but not limited to export and import regulations. You represent and warrant you are not located in a country embargoed by the Republic of Indonesia or that has been designated by the Indonesian government as a “terrorist-supporting” country, and that you are not a foreign person or entity blocked or denied by the Indonesian government or otherwise listed on any Indonesian government list of prohibited or restricted parties. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in Indonesia.
13. Governing Law and Jurisdiction
If you choose to access this Site from outside of Indonesia, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms of Service will be governed by and construed in accordance with the laws of Indonesia, without giving effect to any principles of conflicts of laws. If any provision of these Terms of Service is determined to be inconsistent and contrary to such laws, such provision shall be therefore null and void or unenforceable, with all other provisions remaining in full force and effect.Any disputes or discrepancies which arise in relation to the use of this Site shall be settled amicably. In the event such disputes or discrepancies could not be settled amicably, the parties hereby agree to settle such disputes or discrepancies through the District Court of South Jakarta, Indonesia.
14. Modification of Terms of Service
You acknowledge and agree that Purana, in its sole discretion, modify, add or remove any portion of these Terms of Service at any time and in any manner, including the terms of Purana membership, by posting revised Terms of Service on the Site. You may not amend or modify these Terms of Service under any circumstances. The current version of these Terms of Service is available at www.puranaindonesia.com/terms-conditions. It is your responsibility to check periodically for any changes we make to the Terms of Service. Your continued use of this Site after any changes to the Terms of Service means you accept the changes.
You may not assign these Terms of Service (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of Purana, which may be withheld at Purana’s sole discretion. Any attempted assignment that does not comply with these Terms of Service shall be null and void. Purana may assign the Terms of Service, in whole or in part, to any third party in its sole discretion.
16. Effect of Termination/Survival of Selected Provisions
Notwithstanding the expiration or earlier termination of your Purana membership, or any general legal principles to the contrary, any provision of these Terms of Service that impose or contemplate continuing obligations or rights of a party will survive expiration or termination of these Terms of Service.