PawHi Pack Terms and Conditions
Last updated: (April, 10th 2018)
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.pawpackbypawhi.com website (the "Service") operated by PT. Pawhi Global Teknologi ("us", "we", or “our").
Terms And Conditions Of Pawhi Pack Platform (hereinafter referred to as the “General Terms and Conditions”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
- Whereas Pawpackbypawhi.com is a company engaging in online commerce that provides a web portal for the buyer to purchase goods through the Platform (which will be defined herein);
- Whereas Buyers agrees to use pawpackbypawhi.com’s services to and buy its purchases through the Platform in accordance with the terms and conditions set out herein.
- Whereas the Parties agree to bind themselves to each other on this cooperation, according to the mechanism and terms included in this General Terms and Conditions.
Article 1 - Definitions and Interpretations
- Pawpackbypawhi.com: is PT. Pawhi Global Teknologi and all its subsidiaries, affiliates, branches and/or related companies. The rights and obligations of Pawpackbypawhi.com as referred to hereunder shall be exercised or fulfilled by the company of Pawpackbypawhi.com that is responsible for the relevant regions and scope of business. This General Terms and Conditions is signed between PT. Pawhi Global Teknologi on behalf of Pawpackbypawhi.com.
- Pawpackbypawhi.com Website: is the website owned and managed by PT. Pawhi Global Teknologi providing online product selling under the domain name www.pawpackbypawhi.com.
- Pawpackbypawhi.com Platform: is a Platform operated on the Pawpackbypawhi.com Website, which is an electronic commerce service platform on the Pawpackbypawhi.com Website providing users with technical services for information dissemination and exchange, shop opening and implementation of product trading by us.
- Registration of Buyer: Is the procedure by which the Buyers will submits an online application through www.pawpackbypawhi.com/register web and provides all information related to buyers and Shop until buyers has been verified and registered in the Pawpackbypawhi.com Platform.
- Customer: a person or organization that buys goods or services from pawpackbypawhi.com
- Listing Price: listing price of the Good (total price excluding any applicable tax by law).
Article 2 - Scope of Service
PawHi Pack maintains this Website as a service to the user community that visits the Website subject to these Terms and Conditions. You are responsible for obtaining any equipment and Internet service necessary to access our Website and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue this Website or the Services in whole or in part, at any time and for any reason, without notice. The Website may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
Article 3 - Website Content
Users have a personal, non-transferable, non-exclusive right to access and use the Content of this Website subject to these Terms and Conditions. The term “Content” means all information, text, images, data, links, software, or other material accessible through the Website or Services, whether created by us or provided by another person for display on the Website or through the Services.
The Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.
You may view, copy, download, and print Content that is available on this website or through the Services, subject to the following conditions:
- The Content may be used solely for internal informational purposes. No part of this website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.
- The Content may not be modified.
- Copyright, trademark, and other proprietary notices may not be removed.
Article 4 - Registration and Membership
As a registered user of PawHi Pack, you agree to receive emails promoting any special offer(s), including third party offers. We may from time to time send you our monthly newsletter. You may opt-out from receiving special promotions or our newsletter by emailing firstname.lastname@example.org or selecting to unsubscribe as may be provided in the applicable e-mail correspondence.
Article 5 - Monthly Delivery
As a subscribed PawHi Pack member, each month we will ship you a package with a different selection of themes for your dog that may consist of a selection from toys, treats, bones, bully sticks, food samples, or other canine-related items (“Products”). Each month of your subscription, the selection of Products may change.
BY SUBSCRIBING YOU AGREE TO PAY THE MONTHLY SUBSCRIPTION FEE FOR THE PRODUCTS THAT ARE SUPPLIED EACH MONTH.
Article 6 - Billing and Payments
The price of the Services and/or goods is payable in full before delivery. We accept the following credit cards at this time: Visa, MasterCard, or JCB. You will automatically be charged in full for your ongoing subscription. For your convenience and continuous subscription benefits as a member, if your payment method reaches its expiration date, you do not edit your credit card information and you have an ongoing subscription, you authorize us to continue billing that credit card on file including extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. We encourage you to constantly update your payment method information or cancel your membership should you wish to discontinue your monthly purchase of Products.
We use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant PT. Pawhi Global Teknologi the right to store and process your information with the third party payment service, which it may change from time to time; you agree that PawHi Pack will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider's terms of service; the current version of which is attached as a link at http://pawpackbypawhi.com/legal/terms. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.
Article 7 - Shipping and Risk of Loss
Unless otherwise indicated at the time of your purchase, shipping and handling fees are included with your order. Shipping dates and/or arrival times are only estimates. For loss/damage claims, you must notify PT. Pawhi Global Technology within 30 days of the date of your purchase if you believe all or part of your order is missing or damaged.
Replacement of Products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion. Repeated claims of undelivered merchandise may result in the cancellation of your membership.
Article 8 - Returns and Exchanges
If a Product is defective, you may return it within thirty (30) days of receipt and we will send you a new item or credit your account. To request a refund, please contact us at email@example.com. When returning Products, it is your responsibility to take reasonable care to see that the Products are not damaged in transit and are received by us at our address as displayed on the Website. All refunds are subject to our shipping, return and exchange policies stated on our FAQ page (“Shipping, Return and Exchange Policy”), if any. Please note credits resulting from the monthly charge are only available up to 30 days past the date of the charge. Refunds are at the sole discretion of PawHi Pack.com.
Shipping, return and exchange of any products delivered by us in connection with your membership are subject to the PawHi Pack Shipping, Return and Exchange Policy.
Article 9 - Local Taxes
You may be charged local sales tax or VAT, if applicable.
Article 10 - International Access
This Website may be accessed from countries other than The Republic of Indonesia. This Website and the Services may contain products or references to products that are only available within the Republic of Indonesia territories. Any such references do not imply that such products will be made available outside the Republic of Indonesia. If you access and use this Website outside the Republic of Indonesia you are responsible for complying with your local laws and regulations.
Article 11 - Membership Cancellations
We work hard to make your membership satisfying; however, you may cancel your ongoing membership through the account page on the Website. You must update your account on the Website by the first day of the month following the end of your then-current subscription period.
We may terminate your membership, without notice, for conduct we believe violates these Terms and Conditions or our policies, is harmful our business interests, or for an inactive account.
Article 12 - Limitation of Liability
IN NO EVENT SHALL PawHi Pack OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE TO ANY USER OF THIS WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE PRODUCTS OR THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
YOU AGREE PawHi Pack'S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICES WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID TO PawHi Pack IN THE THEN-PRIOR CALENDAR MONTH.
Article 13 - Indemnification
By using this Website, our Services, or supplied Products, you agree to indemnify, hold harmless and defend PawHi Pack from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with use of this Website, Services, or Products by you or any other person accessing the Website using your member login account.
Article 14 - Content Submitted by Users
Liability: We are not responsible or liable for the conduct of users or for any views, opinions and statements expressed in Content submitted for public display through our Website, such as through an online discussion forum or chat room. We do not prescreen information posted to online discussion forums or chat rooms, if any. With respect to such forums and chat rooms, we are acting as a passive conduit for such distribution and are not responsible for Content. Any opinions, advice, statements, services, offers, or other information in Content expressed or made available by users of an online discussion forum or chat room are those of the respective author(s) or distributor(s) and not of PawHi Pack. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content. You are responsible for ensuring that Content submitted to this Website is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of Content to this Website.
Monitoring: We have the right, but not the obligation, to monitor Content submitted to our Website through an online discussion forum or chat room, to determine compliance with these Terms and Conditions and any other applicable rules that we may establish. We have the right in our sole discretion to edit or remove any material submitted to or posted in any online discussion forum or chat room provided through this Website. Without limiting the foregoing, we have the right to remove any material that PawHi Pack, in its sole discretion, finds to be in violation of these Terms and Conditions or otherwise objectionable, and you are solely responsible for the Content that you post to this Website.
Lobbying: Federal law restricts lobbying activities by tax-exempt organizations. “Lobbying” includes certain activities intended to influence legislation. Content posted by users does not constitute lobbying by PawHi Pack, but may constitute lobbying by you or an organization that you represent. You are responsible for complying with any applicable lobbying restrictions.
Article 15 - Prohibited Content
By accessing our Website or any chat room, online discussion forum, or other service provided through our Website, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person to use our Website or any related chat room or online discussion forum to:
- Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by PawHi Pack.
- Use a name or language that PawHi Pack, in its sole discretion, deems offensive.
- Post defamatory statements.
- Post hateful or racially or ethnically objectionable Content.
- Post Content which infringes another's copyright, trademark or trade secret.
- Post unsolicited advertising or unlawfully promote products or services.
- Harass, threaten or intentionally embarrass or cause distress to another person or entity.
- Impersonate another person.
- Promote, solicit, or participate in any multi-level marketing or pyramid schemes.
- Exploit children under 18 years of age.
- Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum.
- Introduce viruses, worms, Trojan horses and/or harmful code to the Website.
- Obtain unauthorized access to any computer system through the Website.
- Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent's consent in the case of a child under 13 years of age).
- Solicit personal information from children under 13 years of age.
- Violate any federal, state, local, or international law or regulation.
- Encourage conduct that would constitute a criminal or civil offense.
Article 16 - Submitted Content
PawHi Pack does not claim ownership of any materials you make available through the Website. With respect to any materials you submit or make available for inclusion on the Website, you grant PawHi Pack a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant PawHi Pack the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libellous or otherwise unlawful, abusive or obscene material. PawHi Pack will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
Article 17 - Minors
PawHi Pack services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities, subscribers and purchasers.
Article 18 - Intellectual Property Rights
Unless otherwise noted, all Content contained on this Website is the property of PawHi Pack and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by Indonesia’s copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or pending trademarks of their respective owners.
We do not claim ownership of Content submitted by users without compensation by PawHi Pack and with the expectation that such Content will be made publicly accessible through our Website. By submitting such Content, however, you agree to grant us a world-wide, royalty-free, perpetual, irrevocable, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, and publicly perform or display such Content. This license shall remain in effect until we delete the Content from our systems.
Article 19 - Security
When you register to participate in PawHi Pack services on this Website, you may be required to establish a login identifier and a password. You are responsible for protecting your login and password from unauthorized use, and you are responsible for all activity that occurs on your account (including without limitation financial obligations). You agree to notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your login and password.
Article 20 - Links to Third-Party Websites
This Website may contain links to third party Websites that are provided to you as a convenience. Any outside Website accessed from our Website is independent from PawHi Pack, and we have no control over the content of such Websites. We are not responsible for the content of any linked Website or for any loss or damage incurred in connection with your use such links or dealings with the operators of such third party Websites.
Article 21 - Jurisdictional Issues
We make no representation that information on this Website, or the Products or Services we provide, are appropriate or available for use outside the Republic of Indonesia. Those who choose to access this Website from outside the Republic of Indonesia do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.
Article 22 - Termination
We may terminate any user's monthly subscription or access to our Website or Services, including access to any online discussion forum or chat room, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these terms and conditions, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Website or Services.
Article 23 - Enforcement
These Terms and Conditions shall be governed and interpreted pursuant to the laws of the Republic of Indonesia, notwithstanding any principles of conflicts of law.
All disputes arising out of or relating to these Terms and Conditions shall be finally resolved by arbitration conducted in the English and Indonesian (bahasa) language in Indonesia. under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the Republic of Indonesia. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, we shall be entitled to seek injunctive relief, security, or other equitable remedies from federal and state courts located in the DKI Jakarta, or any other court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award punitive damages, including but not limited to republic. Any purported award of punitive or multiple damages shall be beyond the arbitrator's authority, void, and unenforceable. BY AGREEING TO THESE TERMS OF SERVICE, YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO HAVE A COURT HEAR CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT, AMONG OTHER WAIVERS OF RIGHTS SET FORTH IN THIS AGREEMENT.
Article 24 - Modification of the Site and These Terms & Conditions
PT. Pawhi Global Teknologi reserves the right to change, modify, alter, update or discontinue the terms, conditions, and notices under which this website is offered and the links, content, information, prices and any other materials offered via this website at any time and from time to time without notice or further obligation to you except as may be provided therein. We have the right to adjust prices from time to time. If for some reason there may have been a price mistake, PT. Pawhi Global Teknologi / pawpackbypawhi.com has the right to refuse the order. By your continued use of the website following such modifications, alterations, or updates you agree to be bound by such modifications, alterations, or updates.
Article 25 - Product Descriptions
We always try our best to display the information and colors of the products that appear on the website as accurately as possible. However we cannot guarantee that your monitor’s display of any color will be accurate as the actual colors you see depends on your monitor quality.
If you have any questions about these Terms, please contact us. firstname.lastname@example.org