TERMS & CONDITIONS
DIFINATIONS
“Website” or “Site” means www.baligiftware.com is owned and operated by Bali Giftware based in Denpasar Bali INDONESIA (hereinafter referred to as "we," "us," or "the Company").
“User”, “Customer”, “Buyer” or “You” hereinafter referred to as anyone using and/or visiting the website for any purpose.
This document (these "Terms and Conditions") is a legally binding agreement between you (including the organization that you represent, if any) and the Company. We may update these Terms or other Terms and Conditions from time to time by posting the changes on the website and take effect immediately when the changes are posted. You are responsible for reviewing and understanding all changes. Your use of the website and service after such changes constitutes your acceptance of the updated Terms and Conditions.
ELIGIBILITY
This website may only be used by individuals and entities who can form legally binding contracts. No person under the age of 18 may use this website without the permission and supervision of a parent or legal guardian. Your use of this website will be deemed to be a representation that you are 18 years of age or older or using this website with the permission of your parent or legal guardian. By using this website on behalf of any third party, you are representing to us that you are an authorized representative of that third party and that your use of this website constitutes that third party’s acceptance of these Terms and Conditions. In addition, if you have been previously prohibited from accessing this website or the website of any of our affiliates, you are not permitted to access this website.
OUR SUPPLY OF WEBSITE
We intend to make this website thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on this website may be incorrect, incomplete, or inaccurate. We apologize in advance for any such errors that may result in an incorrect price, item unavailability or otherwise affect your order. Please understand that the content of this website is presented on an "as is" basis and we make no claim as to its accuracy, either expressed or implied. We reserve the right to correct errors (whether by changing information on this website or by informing you of the error and giving you an opportunity to cancel your order) or to update product information at any time without notice. Whilst we use our reasonable endeavours to provide the website and its content, we are not responsible for any failure to provide the website or any services or any unavailability. We cannot guarantee that the services will be uninterrupted, secure or error-free. We make no warranty against electronic virus, worms or any other defect or problems which may occur in respect of any viewing or use of the website nor in respect of any e-mail or document which we provide. We are not responsible for any loss or damage whatsoever caused or resulting from the use or a failure to provide the website or for any virus or defect as a result of any e-mail or document we send. Any right to use the website is at our sole and absolute discretion. We specifically reserve the right to choose users, including choice by invitation only, and our decisions are absolute.
We reserve the right to cancel, suspend, take down, delete or otherwise remove the website or any part of it.
PROHIBITED CONDUCT
You agree that you will solely be responsible for your use of the website and that you will use the website legally and only for the purposes that it is intended to be used and will not misuse it in any way. In using this website, you are prohibited and shall not: (a) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (b) defame, abuse, harass, stalk any individual, or disrupt or interfere with the security or use of this website or any websites linked to it; (c) interfere with or damage this website, including, without limitation, through the use of viruses, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, or reverse engineering any technology used to provide this website; (d) attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including, without limitation, the Company or create or use a false identity; (e) attempt to obtain unauthorized access to this website or portions of this website that are restricted from general access; (f) engage, directly or indirectly, in transmission of "spam," chain letters, junk mail or any other type of unsolicited solicitation; (g) collect, manually or through an automatic process, information about other users or other information on or relating to this website; (h) use any meta tags or any other "hidden text" utilizing our name, trademarks, or product names; (i) advertise, offer to sell, or sell any goods or services, except as expressly permitted by the Company; (j) engage in any activity that interferes with any third party’s ability to use or enjoy this website; or (k) assist any third party in engaging in any activity prohibited by these Terms and Conditions.
ACCOUNT REGISTRATION
Account Creation
You may create your own account by completing the online registration process on this website. In doing so, you must provide us with accurate and complete registration information, and update it if this information changes. It is particularly important to keep the email address associated with your account current because, although you may be able to log into this website using an old email address, you will not be able to receive messages from us.
Account Use
Following registration, we will create an account for you and assign you, or allow you to select a password. You must keep your password confidential. Your account and password are private for you and may not be used by others to access this site. You will be responsible for all use of your password, including, without limitation, any use by any unauthorized third party. You must notify us immediately if you believe your password may have been used by any unauthorized person or entity. For security purposes, we recommend you change your password often. Under no circumstance should you respond to a request for your password. Our employees will never ask for your password. You must notify us immediately if you receive such a request. You must not create additional registration accounts for the purpose of abusing the functionality of the website nor will you seek to pass yourself off as another user. You must not use the website in any way which will cause or is likely to cause the website to be impaired, damaged or interrupted in any way.
Account Terminations
We reserve the right to suspend or terminate your use of this website if we believe that your password is being used without your permission or otherwise in a manner that may disrupt this website. We have the right to unilaterally close any account if the account is not active for a certain period of time. Without limiting any other remedies, we may suspend or terminate your use and/or registration at our absolute discretion, either with or without notice, particularly where we suspect that you have engaged or are about to engage in, or have been in any way involved in or linked to, breaches of any terms of this user agreement. If we do not immediately act on any breach you should not assume that we have waived any rights as to enforceability or to seek redress, unless you have our express written agreement.
PRIVACY POLICY
We value your privacy. You must read our Privacy Policy, which details our privacy policy and practices. In addition to these Terms and Conditions, the Privacy Policy also governs your visit to this website, and by using this website, you agree to be bound by the terms of our Privacy Policy.
TRADING TERMS & CONDITIONS
Before ordering any item through website please read our Trading Terms & Conditions carefully. By placing an order with us, then this shall be deemed conclusive evidence of your acceptance of our Trading Terms & Conditions. We reserve the right to change our Trading Terms & Conditions from time to time without affecting the existing of our Trading Terms & Conditions including any special or varied terms and conditions accepted by you upon purchase. Any changes to our Trading Terms & Conditions will be effective on the day they are posted on our website. You must ensure to keep up to date with any updated versions of our Trading Terms & Conditions.
LINKED SITES
If we provide any content from third parties or "links" to third-party websites, such content and websites are provided for informational purposes only and we cannot and do not investigate their legitimacy, validity, accuracy, safety, or legality. Any concerns regarding or issues relating to such content or websites (including the goods or services offered on them) must be directed to the owner of that content or website, and you must comply with the terms of service of such third party in using their website. We will not be liable in any way for any loss, damages, liability, or expenses (such as attorneys’ fees) that you may incur arising from or related to third-party content or websites.
REVIEWS AND COMMENTS
You may post reviews, comments and submit suggestions, ideas, or questions, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. 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. We have the right but not the obligation to monitor and edit or remove any activity, comments or content. We take no responsibility and assume no liability for any content or comments posted by you or any third party. You represent and guarantee that the content or comments that you post are accurate; that the content and comments that you provide do not violate this policy and will not cause injury to any person or entity; and that you are responsible for paying compensation to the company, for all claims that result from the content or comments that you post.
COPYRIGHT AND INTELLECTUAL PROPERTY
All content of this website, including, but not limited to, artwork, graphics, images, illustrations, photographs, text, video, audio clips, logos, and designs are the intellectual property of the Company, its affiliates, or third parties who have licensed the materials to us. All content is protected by copyright, trademark, trade dress, and other intellectual property laws of Indonesia and other countries. This website in its entirety including, without limitation, the design, layout, selection, coordination, and enhancement of the content, is protected by copyright and trade dress laws. All worldwide right, title, and interest are reserved. This website and its contents are intended solely for your personal use in order to view and purchase products and participate in the programs that we offer and subject to these Terms and Conditions. You may not access, use, download, copy, reproduce, publish, distribute, modify, or create derivative works from, sell, or exploit in any way the contents of this website, or any related software, or any part thereof for any other purpose whatsoever. You may download or electronically copy and print any page contents displayed on this website for your personal use only and no rights to those materials are transferred to you by such copying. Software used on this website is the property of the Company or its licensors, and is protected by Indonesian and international copyright laws.
We respect the intellectual property rights of others and expect our users to do the same. We may remove content that, in our sole discretion, appears to infringe the intellectual property rights of others or that is otherwise inappropriate for use on this website. In addition, we will terminate the accounts of users who infringe the intellectual property rights of others.
MODIFICATION AND TERMINATION
We may, at our sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of this website, temporarily or permanently, at any time without notice to you. If you do not agree with any changes made to this website, you may elect not to use or visit this website. These Terms and Conditions (including the documents referenced herein) contain the entire understanding between you and us regarding this website, and supersedes all prior and contemporaneous agreements and understandings regarding its subject matter. These Terms and Conditions will be binding upon each party and its successors and permitted assigns. These Terms and Conditions and all of your rights and obligations under them will not be assignable or transferable by you without the prior written consent of the Company. The Company may freely assign these Terms and Conditions, in whole or in part. We reserve the right to immediately terminate your right to use this website or your account at any time and for any reason, with or without notice. If you have an account, you may terminate your account for any reason at any time by providing notice to us of your intention to do so, subject to these Terms and Conditions. If your account is terminated, we may, at our sole discretion, delete any content or materials relating to your use of this website. Following termination, you will not be permitted to use this website. If your account or your access to this website is terminated, we reserve the right to exercise whatever means it deems necessary to prevent unauthorized access to this website. Regardless of whether you have the right to access or use this website, these Terms and Conditions will survive indefinitely unless and until we choose to terminate them.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS WEBSITE EXCEPT AS PROVIDED ABOVE, PRODUCTS ARE PROVIDED "AS AVAILABLE" AND "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT ANY PRODUCTS WILL BE IN STOCK, SAFE, DEFECT-FREE, CONFORM WITH WRITTEN OR ORAL SPECIFICATIONS, GUARANTEES, REPRESENTATIONS, WARRANTIES OR PROMISES, OR THAT PRODUCTS WILL NOT BE LOST OR DAMAGED IN SHIPMENT. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY US. WE DO NOT REPRESENT OR WARRANT THAT THIS WEBSITE, SERVICES OR EMAILS SENT TO YOU WILL BE UNINTERRUPTED, ERROR-FREE, AND SECURE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR THAT ALL INFORMATION WILL BE ACCURATE OR COMPLETE. YOU AGREE THAT YOUR USE OF THIS WEBSITE SHALL BE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF MATERIAL OR DATA. IN NO EVENT, THE COMPANY, ITS PARENT, AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY "THE COMPANY" FOR PURPOSES OF THIS SECTION) WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE, USE OF OR THE INABILITY TO USE THIS WEBSITE OR PRODUCTS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE OR OTHERWISE. WE MAKE NO REPRESENTATION, WARRANTY, GUARANTEE OR PROMISE THAT THE PRODUCTS OR THIS WEBSITE WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULTS. WE WILL NOT BE RESPONSIBLE FOR ANY THIRD-PARTY CONTENT OR SERVICES ON THIS WEBSITE, ANY LINKS TO THIRD-PARTY WEBSITES OR ANY THIRD-PARTY WEBSITES. PACKAGING, LABELS AND INSTRUCTIONS MAY CONTAIN MANUFACTURER DISCLAIMERS AND LIMITATIONS OF LIABILITY THAT APPLY TO THE PRODUCTS YOU PURCHASE. THE COMPANY WILL NOT BE LIABLE FOR THE COST OF REPLACEMENT PRODUCTS, LOSS OF REVENUE, OR LOSS OF GOOD WILL.
FORCE MAJEURE
We will not be liable for failing to perform resulting directly or indirectly by the occurrence of any event beyond our reasonable control, including, without limitation, a labor disturbance, an Internet outage or interruption of service, a communications outage, failure by a service provider to perform, fire, acts of terrorism, natural disaster or war.
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be interpreted, construed and enforced in accordance with Indonesian law and shall be subject to the exclusive jurisdiction of the Indonesian courts.