The website by the domain name "www.bhartiSME.co.id" (hereinafter collectively referred to as the "Platform") is owned and managed by BhartiSME, a company duly registered under the provisions of the India act, addressed at 261, Makarpura GIDC, Makarpura, Vadodara, Gujarat 390010, India (hereinafter referred to as "BhartiSME"). The user of this Platform is both Buyer and Supplier that use BhartiSME service as their transaction platform (hereinafter referred to as “User”).
The following demonstrates terms and conditions of use (hereinafter referred to as an "Agreement"), applicable to your use of the Platform and to avail services as provided by BhartiSME on its Platform from time to time" (hereinafter collectively referred to as "BhartiSME Services"). This is an Agreement between you as the user(s) of the BhartiSME Services (the "User(s)") and BhartiSME. User(s) are required to read and accept this Agreement and the Company's Privacy Policy before User(s) may use the BhartiSME's Services. By visiting/accessing/downloading/using the Platform, we understand that you have fully read, understood, and accepted this Agreement. In addition, when you use any current or future version of the Platform or avail of any of the BhartiSME Services or by clicking "I Agree" on the Platform, it will constitute a symbol of your signature, you hereby acknowledge and admit that you have read, understood and agreed to this Agreement, as may be modified by BhartiSME from time to time. Any amendments or variations in this Agreement shall not change any consent of the preceding agreement.
In terms of the use of logistics services by the User to the fleet that cooperates with BhartiSME, the User must pay attention to the following provisions: (a) the User must first state the weight of the goods to be delivered clearly in the Request for Quotation (RFQ) document; (b) the User is obliged to provide responses and answers to the Quotation provided by the logistics service chosen by the User; (c) In the event that the User does not provide responses and answers to the Quotation provided by the selected logistics service, then the User is deemed to have agreed to the Quotation; (d) In the event that there is a serious difference between the RFQ document and the Offer, and there is no response from the User regarding the difference, the Offer document is considered correct and the difference in payment is borne by the User.
BhartiSME is the sole owner or lawful licensee of all the rights to BhartiSME's Intellectual Property. BhartiSME's Intellectual Property is not limited to shall mean its design, layout, text, images, graphics, sound, video etc. The BhartiSME's content embodies trade secrets and intellectual property rights protected under Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta and other laws. All title, ownership, and intellectual property rights used in the BhartiSME Services, and its content shall remain with BhartiSME, its affiliates at all times or licensor's of BhartiSME's content, as the case may be.
All rights not otherwise claimed under this agreement or by BhartiSME, are hereby reserved. The information provided in BhartiSME Services is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. BhartiSME does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the "content") contained on, distributed through, or linked, downloaded, or accessed from BhartiSME website or otherwise (including through mobile application), or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the service.
We accept no responsibility for any errors or omissions, or for the results obtained from the use of any information. All information in BhartiSME Services is provided "as is" with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability, and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the user(s). In no event shall BhartiSME be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the service, the materials, and the products. User(s) of this BhartiSME Services must hereby acknowledge that any reliance upon any content shall be at their sole risk.
BhartiSME reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the service or the materials.
BhartiSME is not an expert in your intellectual property rights, and we cannot verify that the users of our online marketplace or otherwise - who post numerous trade leads for items on the BhartiSME website or otherwise - have the right to sell the goods offered. We will appreciate your assistance in identifying listings which may not appear on their face to infringe your rights but which you believe are infringing. BhartiSME is also not an arbiter or judge of disputes about intellectual property rights. By taking down a listing, as a prudential matter, BhartiSME is not endorsing a claim of infringement. Neither, in those instances in which BhartiSME declines to take down a listing, is BhartiSME determining that the listing is not infringing, nor is BhartiSME endorsing the sale of goods in such cases.
BhartiSME respects the intellectual property rights of others, and we expect our user(s) to do the same. We believe that user(s) agree that they will not copy, download & reproduce any information, text, images, video clips, directories, files, databases, or listings available on or through the BhartiSME website (the "BhartiSME content") for the purpose of re-selling or re-distributing, mass mailing (via email, wireless text messages, physical mail or otherwise), operating a business competing with BhartiSME, or otherwise commercially exploiting the BhartiSME content. Systematic retrieval of BhartiSME content to create or compile, directly or indirectly, a collection, compilation, database, or directory (whether through automatic devices or manual processes) without written permission from BhartiSME is prohibited.
In addition, the use of the content for any purpose not expressly permitted in this Agreement is prohibited and may invite legal action. As a condition of your access to and use of BhartiSME's services, you agree that you will not use the BhartiSME Services to infringe the intellectual property rights of others in any way. BhartiSME reserves the right to terminate the account of a user(s) upon any infringement of the rights of others in conjunction with use of the BhartiSME service, or if BhartiSME believes that user(s) conduct is harmful to the interests of BhartiSME, its affiliates, or other users, or for any other reason in BhartiSME's sole discretion, with or without cause.
Most content and some of the features of the BhartiSME Services are made available to visitors free of charge, charged or premium. However, BhartiSME reserves the right to terminate access to certain areas or features of the BhartiSME Services (to paying or registered users) at any time for any reason, with or without notice. BhartiSME also reserves the universal right to deny access to particular users to any/all of its services/content without any prior notice/explanation in order to protect the interests of BhartiSME and/or other visitors. BhartiSME reserves the right to limit, deny or create different access to the BhartiSME Services and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice.
BhartiSME withholds the right to temporary or permanent termination of membership of any user for any of the following reasons:
If BhartiSME terminates user(s) membership, user(s) will not have the right to re-enroll or join BhartiSME under a new account or name unless formally invited to do so by BhartiSME. In any case of termination, no membership charges will be refunded. User(s) acknowledge that inability to use the BhartiSME Services wholly or partially for whatever reason may have adverse effect on its business. User(s) hereby agree that in no event shall the BhartiSME Services be liable to the user(s) or any third parties for any inability to use the BhartiSME Services (whether due to disruption, limited access, changes to or termination of any features on the BhartiSME Services or otherwise), any delays, errors or omissions with respect to any communication or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the BhartiSME Services or any of its features.
To become a Registered User(s) there is a proper procedure which is for the convenience of user(s) so that they can easily register themselves as BhartiSME user.
User(s) can become a Registered User(s) by filling an on-line registration form on the BhartiSME website by giving desired information (name, contact information, details of its business, etc.). BhartiSME will establish an account ("Account") for the user(s) upon registration and assign a user alias ("User ID") and password ("Password") for log-in access to your Account.
If you register on behalf of a business entity, you represent that business entity and (a) you have the authority to bind the entity to terms and conditions of use and/or this Agreement; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to BhartiSME during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office.
By becoming a Registered User, you consent to the inclusion of your personal data in our on-line database and authorize BhartiSME to share such information with another user (s). BhartiSME may refuse registration and deny the membership and associated User ID and Password to any user for whatever reason. BhartiSME Services may suspend or terminate a registered membership at any time without any prior notification in the interest of BhartiSME or general interest of its visitors/other members without giving any reason thereof. Registered User is not a part or affiliate of BhartiSME in any way.
I consent to be contacted by BhartiSME ("BhartiSME") through phone calls, SMS notifications or any other means of communication, in respect to the services provided by BhartiSME.
Personal information supplied by user(s) during the use of BhartiSME Services is governed by our privacy policy.
Some of the content displayed on the BhartiSME website is provided or posted by third parties. User(s) can post their content on some of the sections/services of the BhartiSME Services using the self-help submit and edit tools provided at the respective section. User(s) may need to register and/or pay for some of these services.
BhartiSME in such case is not the author. The content here is contributed by anonymous, registered, or paid user(s). Neither BhartiSME nor any of its affiliates, directors, officers, or employees has entered into sale agency relationship with such third party by virtue of our display of the Third-Party Content on the BhartiSME website. Any Third-Party content is the sole responsibility of the party who has provided the content. BhartiSME is not responsible for the accuracy, propriety, lawfulness, or truthfulness of any Third-Party content, and shall not be liable to any user(s) in connection with his/her reliance on such Third-Party content. In addition, BhartiSME is not responsible for the conduct of user(s) activities on the BhartiSME website and shall not be liable to any person in connection with any damage suffered by any person as a result of any such user's conduct.
User(s) solely represent, warrant, and agree to:
User(s) hereby grants an irrevocable, perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license to BhartiSME to display and use all information provided by them in accordance with the purposes set forth in the agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any form of media, third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on the BhartiSME website, including but not limited to rights of personality and rights of privacy, or affecting or relating to products that are offered or displayed on the BhartiSME Website (hereafter referred to as "Third Party Rights").
User(s) hereby represents, warrants, and agree that user(s) shall be solely responsible for ensuring that any material or information you post on the BhartiSME Website or provide to BhartiSME or authorize BhartiSME to display, doesn't and that the products represented thereby do not, violate any Third-Party Rights, or is posted with the permission of the owner(s) of such rights. User(s) hereby represent, warrant, and agree that they have the right to manufacture, offer, sell, import and distribute the products offered and displayed on the BhartiSME Services, and that such manufacture, offer, sale, importation, and/or distribution of those products violates no Third-Party Rights.
User(s) hereby represent, warrant, and agree that information submitted to BhartiSME for display on the BhartiSME website will not:
Otherwise, create any liability for BhartiSME or its affiliates.
BhartiSME reserves the right in its sole discretion to remove any material/content/photos/offers displayed on the BhartiSME Services which it reasonably believes is unlawful, could subject BhartiSME to liability, violates the terms and conditions and/or Agreement or is otherwise found inappropriate in BhartiSME's opinion. BhartiSME reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing.
In connection with any of the foregoing, BhartiSME may suspend or terminate the Account of any User as BhartiSME Website deems appropriate in its sole discretion. User(s) agree that BhartiSME Services shall have no liability to any User(s), including no liability for consequential or any other damages, in the event BhartiSME takes any of the actions mentioned in this Section, and that you agree to bear the risk that BhartiSME may take such actions.
BhartiSME acts as a content integrator and is not responsible for the information provided by user(s) to be displayed on the BhartiSME Website. BhartiSME does not have any role in developing the content.
BhartiSME provides a platform for exchanging information between buyers and suppliers of products and services. BhartiSME Services does not represent the seller or the buyer in any transactions. BhartiSME does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale by BhartiSME or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase. User(s) are cautioned that there may be risks of dealing with foreign nationals or people acting under false pretences. BhartiSME cannot and does not confirm each user(s) purported identity.
User(s) acknowledge that user(s) fully assume the risks of purchase and sale transactions when using the BhartiSME Services to conduct transactions, and that user(s) fully assume the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the BhartiSME Services.
Such risks shall include, but are not limited to, misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered may violate or may be asserted to violate Third Party Rights, and the risk that you may incur costs of defence or other costs in connection with third parties' assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defence or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to product originally obtained by user(s) of the BhartiSME Services as a result of purchase and sale transactions in connection with using the BhartiSME Services may suffer harms and/or assert claims arising from their use of such products. All the foregoing risks are hereafter referred to as "Transaction Risks".
User(s) agree that BhartiSME shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may occur/arise as a result of or in connection with any Transaction Risks. User(s) are solely responsible for all the terms and conditions of the transactions conducted on, through or as a result of use of the BhartiSME Services. In the event of a dispute with any party to a transaction, user(s) agrees to release and indemnify BhartiSME (and our agents, affiliates, directors, officers, and employees) from all claims, demands, actions, proceedings, costs, expenses, and damages (including without limitation any actual, special, incidental, or consequential damages) arising out of or in connection with such transaction. User(s) may use the content/features on BhartiSME Services solely for their personal or internal purposes. User(s) agree that they will not use BhartiSME database and/or services to send junk mail, chain letters or spamming or the transmission of any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material of any kind or nature. Further, as a Registered User, user(s) will not use the Email Account to publish, distribute, transmit or circulate any unsolicited advertising or promotional information or any content that is obscene, indecent, seditious, offensive, defamatory, threatening, or which incites or results in causing racial hatred, discrimination, menace, or breach of confidence.
BhartiSME reserves the right to add/modify/discontinue any of the features offered with a service.
The features of the BhartiSME Services are provided on an "as is" and "as available" basis, and BhartiSME hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability, or fitness for a particular purpose. All such warranties, representations, conditions, undertakings, and terms are hereby excluded. BhartiSME makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, and completeness of any information provided on or through the BhartiSME Services. BhartiSME does not represent or warranty that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the BhartiSME Services does not violate any third-party rights; and BhartiSME makes no representations or warranties of any kind concerning any product or service offered or displayed on the BhartiSME Services. Any material downloaded or otherwise obtained through the BhartiSME Services is done at your sole discretion and risk and you are solely responsible for any damage to your computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by you from BhartiSME Services or through or from the BhartiSME Services shall create any warranty not expressly stated herein.
Under no circumstances shall BhartiSME Services be held liable for an delay or failure or disruption of the content or services delivered through the BhartiSME Services resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, Acts of God, natural calamities, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. User(s) hereby agree to indemnify and save BhartiSME, its affiliates, directors, officers, and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from your use of the BhartiSME Services (including but not limited to the display of your information on the BhartiSME Website) or from your breach of any of the terms and conditions of this Agreement. User(s) hereby further agree to indemnify and save BhartiSME, its affiliates, directors, officers, and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from your breach of any representations and warranties made by you to BhartiSME.
User(s) hereby further agree to indemnify and save BhartiSME, its affiliates, directors, officers, and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the BhartiSME Website of otherwise. User(s) hereby further agree that BhartiSME is not responsible and shall have no liability to it, for any material posted by others, including defamatory, offensive, or illicit material and that the risk of damages from such material rests entirely with you. BhartiSME reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with BhartiSME in asserting any available defences.
BhartiSME shall not be liable for any special, direct, indirect, punitive, incidental, or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages.
All notices or demands to or upon BhartiSME shall be effective if in writing and shall be duly made when sent to BhartiSME in the following manner: to BhartiSME. 261, Makarpura GIDC, Makarpura, Vadodara, Gujarat 390010, India.
All notices or demands to or upon a User(s) shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User(s) to BhartiSME, or by posting such notice or demand on an area of the BhartiSME Website.
Notice to a User(s) shall be deemed to be received by such User(s) if and when BhartiSME is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User(s), or immediately upon BhartiSME's posting such notice on an area of the BhartiSME website.
Terms and condition of use agreement and/ or Agreement, Privacy Policy shall be governed in all respect by the laws of the Republic of Indonesia. All dispute happened in the future time and included BhartiSME, will be done at Pengadilan Negeri Jakarta Selatan.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
BhartiSME's failure to enforce any right or failure to act with respect to any breach by a User(s) under these terms and conditions will not waive that right nor waives BhartiSME's right to act with respect with subsequent or similar breaches.
BhartiSME shall have the right to assign its obligations and duties in this Agreement and in any agreement relating to any/all of its Services to any person or entity.
If any provision of the terms and conditions of use and/or Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
All calls to BhartiSME are completely confidential. However, your call may be recorded to ensure quality of service. Further, for training purpose and to ensure excellent customer service, calls from BhartiSME may be monitored and recorded.
The above-mentioned terms and conditions of use and/or Agreement and the Privacy Policy constitute the entire agreement between the User(s) and BhartiSME with respect to access to and use of the BhartiSME Services, superseding any prior written or oral agreements in relation to the same subject matter herein.