Terms and Conditions
GENERAL TERMS & CONDITIONS
Welcome to www.plasa.com.com ("Website"), a website owned by PT. TELKOM INDONESIA, Tbk and managed by PT. Metra-Net ("plasa.com").
Agreement between users of www.plasa.com to purchase any products displayed in it (“Shopper”) and PT Metra-Net (“plasa.com”) as organizer of www.plasa.com (“site”), in relation to E-Commerce Service use Requirements (hereinafter referred as “E-Commerce Agreement”) contains any applicable terms and requirements for Users for using e-commerce services provided in www.plasa.com.
Please read this Agreement carefully. You shall read, understand, accept, and agree any terms and conditions provided in this Agreement before using application and/or receiving any contents found in it. By using application and/or continuing access to Plasa.com site, you agree any terms and conditions provided by Plasa.com, and, therefore, agree to be bound in a contract with Plasa.com and, therefore, you hereby declare to agree for obtaining services and access to any contents in this application. If you do not accept and do not agree this Agreement, you are no more allowed to access Plasa.com and pleased to leave Plasa.com site. Any activities related to the use of site, both as organizer, user, in this case including merchant and shopper, shall be legally protected by virtue of Law of the Republic of Indonesia No. 11 of 2008 regarding Information and Technology, Law of the Republic of Indonesia No. 19 of 2002 regarding Copyrights, and against any forms of contracts arising from any activities in Plasa.com site shall have met terms and conditions for legal contracts as provided in Indonesian Civil Code.
I. INTRODUCTION
1.1. This agreement shall be ruled by virtue of Law of the Republic of Indonesia (“Indonesia) although some of the legal provisions are contrary. Any parties mentioned in this Agreement hereby agree to comply with the court of Indonesia.
1.2. "Shopper" shall mean any site user of plasa.com using plasa.com for purchasing from other users registering their merchandises in Plasa.com.
1.3. “Merchant” shall mean any users of Plasa.com registering their merchandises to display at Plasa.com website.
1.4. By accessing or using this Site, User included into category of User as referred to in item 1.2 above shall be aware and without duress by any party whatsoever hereby declares to agree to accept any terms and conditions contained in this Agreement herein. As User, User shall be bound to terms and conditions of the Agreement applicable in case the User accesses or uses this Site. In case the User can not accept all terms and conditions of this Agreement herein, the related User shall immediately leave www.plasa.com.
1.5. Plasa.com may amend or renew this Agreement at any time by mentioning any amended or renewed Agreement in the site and any amended and renewed terms and conditions shall be immediately applicable as soon as the amended and renewed terms and conditions have been inserted by plasa.com in the Site and the User shall be obliged to read any new terms and conditions at any time and regarded as agree such amendmeng and renewal after being put in the site, User continuously uses this Site.
1.6. In case User has a dispute with any parties involved in transaction, the User shall agree to release Plasa.com (and agent, affiliates, directors, officers, and employees of Plasa.com) from any claims, charges, costs, expenses, and compensation (including but not limited to cash compensation, special compensation, direct and indirect compensation) arising due to or in relation to such transaction.
II. GENERAL TERMS FOR SHOPPER
2.1. Any Shopper shall be aware that they shall fully bear any risks related to sales-purchase transaction while using the Site for transaction and also fully bear any risks on obligations or losses whatsoever in relation to any activities related to products and services transacted using the Site whatsoever. Such risks shall include but not limited to wrong descriptions on products and services, fake plans, bad quality, improper specification, bad or dangerous products, illegal products, delay or incapability to deliver products/services and to make payment, error in calculating costs, abuse of guarantee, abuse of contract and accidents while transporting products. Those included into risks as mentioned above shall be production, import, distribution, offer, display, purchase, sales, and/or use of products or services offered or displayed in the Site violating or declaring to violate Rights of the Third Party, and risk that User has to issue protection costs or other costs related to any claims submitted by the third party on the Right of the Third Party, or those related to claims of any party whatsoever that they shall be entitled to obtain protection or to get compensations related to the submissions of right, claim, or demand by any parties demanding the Right of the Third Party. Abovementioned risks shall also include any risks that consumers, other shoppers, product users, or any other parties claiming to be suffered or to suffer any losses in relation to products initially obtained by Users from the Site by sales-purchase transactions by using the Site can suffer losses and/or submit claims since they use the products. Any risks mentioned above shall be further referred to as “Transactional Risks”. Any User shall agree that Plasa.com can not be charged with responsibility and/or be responsible to any losses, obligations, costs, damages, discomfort, business disturbance, or any expenses whatsoever incurred due to or in relation to Transactional Risks.
2.2. Shopper have read, understood, and declared to be able to conduct purchasing processes by ways as put in Plasa.com at section [How to Buy].
2.3. Any purchase made by Shopper on any products sold by Merchant shall conform to standard terms and conditions of the Merchant and terms and conditions for other special sales as possible chargeable to one product or merchants as contained in the Site.
2.4. Any Shopper deciding to purchase products from Merchant, in which those products are displayed in the Site, shall complete any data requested or instructed in the Site for completion by Shopper. Any Shopper shall follow simple registration process and complete any data like and not limited to Billing Information and Delivery Information. Shopper hereby declares that any provided information shall be true, accurate, and complete as well as conform to any facts relevant and related to Shopper and shall fully bear any losses they suffer in case any errors found in the Information provided during Delivery Information and Billing Information process.
2.5. Shopper shall bear any transfer cost for any transfers made both from and to account number owned by shopper.
2.6. Shopper shall agree that its product will be delivered to destination using courier service as appointed by Plasa.com and will pay prices for products and cost, deliver products pursuant to terms on cost, time and destination and Shopper shall hereby declare to have read terms on costs at the time of delivery.
2.7. Shopper shall agree with any provisions that when products to deliver is transferred from Merchant to courier, then compensation for any damaged or lost products after this phase shall follow lost and damaged product provisions by courier.
2.8. User may use this Site for personal interest or self interest. Any User shall agree for not copying, using or downloading any information, writings, drawings, video recording, directory, document, database or advertisement found in the Site or obtained through Site www.plasa.com ("Contents of www.plasa.com") at any objectives whatsoever including but not limited to, among others, reselling or distributing Contents of www.plasa.com, mass marketing (by email, SMS, mail, or others), running business as competitor for Plasa.com or making use of Contents of Plasa.com for commercial interests. User shall not take Contents of Plasa.com systematically from this Site for creating or arranging, either in direct or indirect ways, collection, compilation, database or directory (either by using automatic tool or using manual process) without written permission of Plasa.com. In addition, User shall not be allowed to use contents or abovementioned materials for any objectives whatsoever not mentioned in this Agreement herein
2.9. By continuously accessing or continuously using Plasa.com, User shall be regarded as having read, understood, and approved provisions at Plasa.com regarding Privacy Policy arranging use of information put by respective Users into Plasa.com. User shall accept this provision as well as addendum or any of its amendment or renewal. User shall understand and be consciously aware that We may amend provisions on this Privacy Policy at any time and will include its current version at Plasa.com site. In case User continuously use Plasa.com, User shall be regarded as accepting and approving provisions on Privacy Policy as referred to in Plasa.com site while using.
2.10. User shall be aware and approve that any prices put on Plasa.com site may experience amendment at any time and without previous notification.
III. REGISTERED SHOPPER
3.1 By selecting to create account as a member of Plasa.com site, Registered User will create an account name and password when finishing registration process.
3.2 Registered User shall be responsible to keep confidentiality and security to account name and password and Registered User shall be fully responsible to any activities conducted on behalf of the Registered User’s account name.
3.3 Registered User shall agree:
(1) to immediately notify Us for any alleged invalid usage on behalf of Registered User’s account name.
(2) to ensure that Registered User logs out from related account at every end of activities conducted at Plasa.com site for avoiding possibilities of abusing related account.
3.4 We shall be fully entitled to limit, to block, or to terminate services of any account, to forbid access to Plasa.com site as well as contents, services, and to slow down or to remove hosted content, and to take any legal actions for keeping Registered User or other user if We regard the Registered User or other users violate any applicable laws, violate intellectual rights of related parties, or any violation violate those contained in this Agreement herein.
3.5 That Registered User shall not be allowed to sell, to make efforts on selling, to offer for selling, to provide, to deliver or to transfer Account, Identity of User or Password to any third parties without knowledge and previous written approval of Us. We may delay or terminate Registered User’s Account or Account of Transferee from Registered User’s account that is sold, offered to sell, provided, delivered, or transferred by violating provisions of this Article herein. In case due to Our limited capability to identify this violation, then all consequences, risks shall be responsibility of transferring Registered User.
IV. TERMS ON DELAYED PAYMENT OR TRANSFER TO PLASA.COM’S ACCOUNT NUMBER
4.1. Payment by using Delayed Payment shall be made by installments.
4.2. Payment using Delayed Payment shall be firstly verified by Financial Department before changing order status to paid
4.3. Shopper shall be obliged to send payment to notification to Plasa.com after transferring payment for orders.
4.4. Term for payment and notification of payment using delayed payment shall be 3 days except that any promotion or similar program exists providing relief in term.
4.5. In case payment and notification for payment by delayed payment has passed deadline defined, the order shall be automatically cancelled.
4.6. Verification for payment by delayed payment will be made by Plasa.com no more than 1 (one) day after payment notification is made.
4.7. In case after verification and it is found by Plasa.com that payment made using delayed payment by Shopper is not made at amount conforming or the Shopper does not make any notification, Shopper shall be automatically cancelled.
4.8 Payment using delayed payment or atm transfer, will be charged with additional fee as administrative costs at the rate determined by each issuing bank.
V. TERMS ON PAYMENT USING CREDIT CARDS
5.1. E-commerce system by Plasa.com shall be connected to credit card Acquirer.
5.2. Payment by valid credit card shall automatically change payment status for order at Plasa.com.
5.3. Fraud checking and verification shall be conducted by credit card Acquirer Bank before authorizing any transaction.
5.4. In case credit card Acquirer can not verify related credit card, transaction shall be automatically cancelled.
5.5. Plasa.com may ask shopper to take items purchased at plasa.com office by showing the physical credit card, if the transaction is indicated fraud.
VI. TERMS ON PRODUCT DELIVERY
6.1. Any product to deliver from Merchant’s location so that delivery cost shall be paid by shopper shall be delivery cost from Merchant’s location to Shopper’s location.
6.2. Shopper shall be obliged to notify Plasa.com in case the products have been received and any failure of Shopper to notify will cause the Shopper suffers loss of his/her rights to claim in case the products are damaged or defective at the time of delivery.
6.3 Plasa.com can only send any products having been ordered by Shopper after getting knowledge and obtaining fund from the Shopper properly and in conformity with value of products bought by User.
6.4 Plasa.com in cooperation with trusted logistic company shall deliver any products ordered by Shopper.
6.5 Plasa.com shall trust logistic company having created cooperation with Plasa.com in providing services, costs, estimation on delivery time, and delivery warranty as put on Plasa.com site.
6.6 Any kinds of complaint to delivery shall be responsibility of logistic company cooperating with Plasa.com. Plasa.com shall make any efforts on facilitating Shopper and logistic company cooperating with Plasa.com, and in relation to such matter, Shopper shall agree to release Plasa.com from any claims and losses suffered by Shopper in relation to process of delivering orders.
6.7 Shopper shall be entitled to submit complaints to Plasa.com related to quality of delivery provided by logistic company cooperating with Plasa.com as well as to submit complaints directly to logistic company cooperating with Plasa.com within term and under provisions pursuant to those defined by the logistic company.
6.8. Plasa.com through the designated courier may ask the shopper to show the credit card used to make transaction on the delivery of products purchased.
VII. TERMS ON PAYMENT RETURN
7.1. Plasa.com shall only be responsible to process of payment return as a consequence of order cancellation by Merchant and in case products are not received by Shopper as well as in case there exists over/under payment by Shopper using Delayed Payment method.
7.2. Plasa.com shall be fully authorized to run payment return process to Shopper.
7.3. Plasa.com will send notification e-mail to Shopper after process of payment return is successfully conducted.
7.4. Payment return to Shopper for any cancelled order shall be at full amount, namely product price and delivery cost previously paid by Shopper, as well as, if available, reduced by transfer cost.
VIII. LIMITATION TO PLASA.COM’S RESPONSIBILITIES
8.1 Plasa.com shall be obliged solely to providing Plasa.com site
8.2 Any products sold in Plasa.com site shall be full responsibility of related Merchant offering such products through Plasa.com.
8.3 Process of product delivery will be coordinated by Plasa.com and trusted delivery service provider.
8.4 Form of Losses caused by actions of Shopper violating this Agreement shall be sole responsibility of Shopper, in which Plasa.com shall be fully released from claims of suffered parties.
8.5 That none of Plasa.com and supplier Plasa.com, license provider, contractor or other parties related to creation, production, service delivery, or contents found in this application shall be responsibility of Shopper or any person submitting claim through Shopper, for any losses to profit or income, data inaccuracy, failure to obtain expected results or profit, economic damages including those incidental, significant, punishment, indirect losses ones (including but not limited to any expenses required for repair) caused by access performed by Shopper or due to failure to access services or contents available in this application including warranty, contract, illegal acts, product responsibility or legal theory as well as possibility if Plasa.com is aware or not about possibility of such losses or if such possible losses have been previously predicted. Plasa.com shall have no responsibilities to Shopper or any other parties for inaccuracy, errors, losses, damages or losses caused by failure, delay, disconnected services or contents as found in this application, either all or parts. Shopper shall agree that in any events, Shopper may not submit any claim to Plasa.com for any losses/damages arising in relation to access to services or contents in this application or any other matters arising in relation to provisions of this Agreement herein. Abovementioned matters shall still be applicable in spite of termination or expiration of this Agreement herein.
8.6 Any materials displayed at Plasa.com site shall be provided without any provisions or guarantees whatsoever in case of accuracy. To the extend permitted by law, Plasa.com and any third parties related to Plasa.com shall expressly exclude:
- Any provisions, warranties, and other requirements possibly to directly declare by laws, traditional laws, or justice law.
- Any obligations to direct, indirect, or consequential losses borne by Shopper in relation to Plasa.com Site or in relation to usage, incompetence to use, or consequence of using Plasa.com site, any website related to it and to any materials put on it shall include but not limited to obligations on:
a. revenue or income losses;
b. business losses;
c. profit or contract losses;
d. suffering loss of saving previously anticipated;
e. data losses;
f. goodwill losses;
g. wasted management or office time; and
h. any other losses or damages in any kinds whatsoever, regardless of how such matters happen and what either they cause by failure, contract violation or others, although can be previously predicted.
It shall not influence obligations of Plasa.com, in which such obligations could not be excluded or limited by virtue of applicable law. User hereby agrees that any materials displayed in Plasa.com shall be for information only in order to assist Shopper in deciding whether to submit offer or not for those merchants (products). Plasa.com or one of Plasa.com’s employees shall not be responsible to any direct or indirect impacts from decision of Shopper to submit offer or not.
IX. CLOSING
9.1. Plasa.com and Shopper shall have independent relationship and have no agency, partnership, joint-venture, employee-company or franchiser-franchisee relationships to create or created by this Agreement herein.
9.2. Headings in this E-Commerce Terms & Conditions shall be made solely as reference and shall not define, limit, explain, or describe contents of related headings or those included into the articles.
9.3. Plasa.com’s failure to execute rights or failure to take actions on any violations conducted by Shopper pursuant to these terms and conditions shall not set aside or override the rights of Plasa.com to take any actions towards similar violations or next violations.
