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Terms of Service Agreement
(Updated on Jan 2009 )
1. Acceptance of Terms:
By accessing Zihnine Online and/or completing the registration process, you agree to the terms and conditions of this Agreement, which Zihnine.com in its discretion may change from time to time. We will post a notice on our website to inform you of any changes to the Terms. If you do not agree to the changes, you must discontinue using Zihnine Online. The changed Terms shall automatically be effective immediately after they are initially posted on the homepage of our site. Your continued use of the Zihnine Online will signify your acceptance of the changed Terms unless explicitly stated otherwise. Any new features that augment or enhance the Zihnine Online shall be subject to this Agreement. This Agreement may not be otherwise modified except in writing signed by an authorized officer of Zihnine.com
2. Qualification:
The Zihnine Online is only available to individuals or companies who can form legally binding contracts under applicable law. Thus, you must be at least 18 years of age to use Zihnine Online . The Zihnine Online is not available to residents of countries restricted from conducting business with the Republic of Indonesia under Indonesian trade regulations. If you do not qualify, please do not use Zihnine Online may, in its sole discretion, refuse access to Zihnine Online to anyone at any time. Zihnine Online is not available to temporarily or indefinitely suspended Zihnine Online members.
3. Fees:
Joining Zihnine Online and the use of Zihnine Online are free! We reserve the right to charge fees for Zihnine Online upon notice to you pursuant to Item 1. You are responsible for paying all applicable taxes and duties and for all hardware, software, service and other costs you incur to access our servers. Zihnine Online reserves the right to apply fees or charges in the event that members request services beyond the scope of Zihnine Online basic services.
4. Your Information:
"Your Information" includes any information or other materials you provide to us or other users during the registration, negotiation or trading processes, in any public message area or through any e-mail feature. You are solely responsible for Your Information. We act solely as an intermediary for the online distribution and publication of Your Information. We may take any action, however, with respect to Your Information we deem necessary or appropriate in our sole discretion if we believe it may create liability for us, our ISPs or other members.
4.1 Registration Obligations: If you register with us, you agree to provide and maintain true, accurate, current and complete information about yourself or company as prompted by the member registration form. If you provide any information that is untrue, inaccurate, not current or incomplete, Zihnine Online has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete. Zihnine Online has the right to suspend or terminate your registration and refuse any and all current or future use of Zihnine Online (or any portion thereof). If you have registered with us on behalf of a company or other entity, you represent and warrant that you have the authority to bind such company or other entity to the Terms.
4.2 Rules About "Your Information": You agree that Your Information on Zihnine Online :
4.2.1: will not be fraudulent or involve the sale of counterfeit or stolen items;
4.2.2: will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
4.2.3: will not violate any law, statute, directive, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
4.2.4: will not be defamatory, trade libellous, unlawfully threatening or unlawfully harassing;
4.2.5: will not be obscene or contain child pornography;
4.2.6: will not contain any viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and
4.2.7: will not link directly or indirectly to or include descriptions of goods or services that: (1) are prohibited under this Agreement; or (2) you do not have a right to link to or include.
4.2.8: you also agree not to use Zihnine Online in connection with: (1) chain letters, junk e-mail, spamming or any duplicative or unsolicited messages; (2) to collect e-mail addresses and other information about others without their consent; or (3) to create false e-mail addresses or otherwise attempt to mislead others as to the identity of the sender or the origin of a message.
4.3 Prohibited Transactions: You may not post on our site or trade through our site; any (1) items that could cause use to violate any applicable law, statute, ordinance or regulation, or (2) item that is currently on Zihnine Online 's Prohibited Items List and incorporate herein by reference, which may be updated from time to time.
5. The License You Grant To Us:
You grant to us the non-exclusive, worldwide, perpetual, irrevocable, royalty-free right (with the right to sub-license) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display (in whole or in part) Your Information, and/or to incorporate Your Information in other works in any form, media, or technology now known or later developed.
6. Privacy:
Please note that when you voluntarily disclose Your Information in Zihnine Online areas, Your Information is collected and disseminated to buyers or sellers and may be used by others. While Zihnine Online does not share Your Information with third parties not related to Zihnine Online, you may receive unsolicited messages from other parties if you post personal information online that is accessible to the public. Zihnine Online takes reasonable precautions to protect the confidentiality of Your Information. However, Zihnine Online is not responsible for the unauthorized disclosure of Your Information. Not withstanding the license in paragraph 6, Zihnine Online will only use Your Information in accordance with our Privacy Policy. The complete terms of our Privacy Statement are part of this Agreement so you should read it.
7. Payment :
7.1 The following payment options are available at Zihnine Online : payment by bank transfer.
7.2 Payment terms
7.2.1 Deposit 50% is required to start production
7.2.2 Balance payment 50% is required after the goods are ready before shipment
7.2.3 If in 30 days, after the goods are ready and the balance payment has not been made, then we consider that the order is cancelled and the 50% deposit is not refundable.
7.2.4 If 30 days after the Balance payment is made and there is no confirmation regarding the shipment from buyer, then we will return 50% from the total payment after reduced required costs made and the 50% deposit is not refundable.
8. Shipping :
Zihnine Online uses a variety of carriers to find the best service depending on distance and destination. Merchandise displayed on this site will be delivered to any address in the world unless to countries stated in point # 2.
We use two systems of shipping:
a. International Priority Services - Air Shipping is to be delivered to the customer within 3-7 days business/working days
b. Sea Freight Services - is to delivered to the customer within 2-8 weeks depending to the destinations, and will be notified to the customers upon each transaction.
9. The Commercial Process:
9.1 Negotiating a Trade: Buyers will be able to negotiate with Zihnine Online trade masters in a negotiation platform, by exchanging information, and formulating offers and counteroffers. Acceptance of an offer or counter offer by all parties constitutes an obligation for all parties involved to complete the transaction, and failure to do so will result in a claim for breach. You agree to negotiate in good faith and to comply with general legal principles regarding contracts for the sale of goods. Acceptances and Offers are not retractable except in exceptional circumstances.
9.2 Disputes or Claim Resolution: In the event that a dispute or claim arises between one or more Zihnine Online community members, you release Zihnine Online (and our agents and employees) from any claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
9.3 No Trade Manipulation: You agree not to use a secondary account or third party to manipulate the outcome of a negotiation with a seller or another trader.
9.4 System Integrity: You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Zihnine Online site or any trade being conducted on our site. You may not take any action, which imposes an unreasonable or disproportionately large load on our infrastructure.
9.5 No Commercial Exploitation: You agree that you may not commercially exploit any information, including but not limited to, copying any information displayed on the Zihnine Online website without prior written authorization from an authorized officer of Zihnine.com.
10. Exchange and Returns
10.1 We want you to be completely satisfied with every single one of your purchases. We believe that the creation of a bridge between customer and world artists depends on extremely high quality products and extraordinary customer service and trust. If you had an unsatisfied condition after receiving the package, please email us at info@zihnine.com, and we will resolve the problem.
10.2 If in 30 days after the goods are ready (there is any confirmation from buyer to postponed the shipment), the required costs which has been made will be under buyer's responsibility .
10.3 We do not accepted any complains after 30 days.
11. Sales Tax
State and local sales taxes will be charged on purchases of taxable merchandise based on the destination of the shipment.
12.Termination:
You agree that Zihnine.com, in its sole discretion, may terminate your password, account (or any part thereof) or use of Zihnine Online , and remove and discard Your Information within Zihnine Online for any reason. Zihnine.com may also, in its sole discretion and at any time, discontinue providing the service, or any part thereof, with or without notice. You agree that any termination of your access to Zihnine Online under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Zihnine.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or Zihnine Online . Further, you agree that Zihnine.com shall not be liable to you or any third party for any termination of your access to the Zihnine Online. Paragraphs 11, 12, and 13 shall survive any termination of this Agreement.
13. Breach:
If you breach this Agreement or if we are unable to verify or authenticate any information you provide to us, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership, any of your current listings or registration information, and any other information you place on the site.
14. Zihnine Online is provided "As Is.":
While we strive to make your visit to the Zihnine Online pleasant and trouble free, unfortunately, we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data or other interruptions. For this reason, you expressly understand and agree that your use of Zihnine Online is AT YOUR OWN RISK. Zihnine Online is provided on an "As Is" and "As Available" basis. Zihnine.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Zihnine .com makes no warranties that:
14.1: Zihnine Online will meet your requirements;
14.2: Zihnine Online will be uninterrupted, timely, secure or error-free;
14.3: the results that may be obtained from the use of Zihnine Online , including results or information provided by third party sources, will be accurate or reliable; and
14.4: the quality of any products, services, information, or other material purchased or obtained by you through Zihnine Online will meet your expectations. Any material downloaded or otherwise obtained through the use of Zihnine Online is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Zihnine .com or through or from Zihnine Online shall create any warranty not expressly stated in the agreement.
15. Limitation of Liability:
You expressly understand and agree that Zihnine .com shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Zihnine .com has been advised of the possibility of such damages) resulting from:
15.1: the use or the inability to use Zihnine Online ;
15.2: the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchases or obtained or messages received or transactions entered into through or from Zihnine Online ;
15.3: unauthorized access to or alteration of your transmissions or data;
15.4: statements or conduct of any third party on Zihnine Online ; or
15.5: any other matter relating to Zihnine Online .
16. Indemnity:
You agree to indemnify and hold Zihnine .com and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand (including legal expenses and the expenses of other professionals) made by a third party due to or arising out of your breach of this Agreement, Your Information or your violation of any law or the rights of a third party.
17. Legal Compliance:
You shall comply with all applicable laws, directives, statutes, ordinances and regulations regarding your use of Zihnine Online and your bidding on, listing, purchase and sale of items, including, but not limited to, complying with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
18. No Agency: You and Zihnine .com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
19. Advertising and Financial Services:
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Zihnine Online , including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Zihnine .com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Zihnine Online .
20. Links:
Zihnine Online may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Zihnine.com has no control over such sites and resources, you acknowledge and agree that Zihnine.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Zihnine.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
21. Notices:
Except as explicitly stated otherwise, any notices shall be given by e-mail to info@Zihnine.com (in the case of Zihnine.com) or to the e-mail address you provide to Zihnine.com during the registration process (in your case), or such other address as a party shall specify. Notice shall be deemed given twenty-four (24) hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Zihnine.com during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.
22. Force Majeure:
Zihnine.com shall not be liable to you for delays or failures in performance resulting from causes beyond our reasonable control, including, but not limited to, acts of God (natural disasters), labor disputes or disturbances, material shortages or rationing, riots, acts of war, governmental regulations, communication, or utility failures, or casualties.
23. Miscellaneous:
The Agreement constitutes the entire Agreement between you and Zihnine.com and governs your use of Zihnine Online, superseding any prior written or oral Agreements between you and Zihnine.com. The Agreement shall be governed in all respects by the laws the Republic of Indonesia without regard to its conflict of law provisions. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Pursuant to the terms and conditions of the Agreement.
24. Governing Law:
This Agreement, the rights and obligations thereunder, and all actions contemplated thereby shall be governed by the laws of the Republic of Indonesia.
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