Terms And Conditions
Welcome to MedanAja.com
We offer an Online Classified Advertisement Service (OCAS) model to provide an e-commerce like solution for buyers & sellers. For example, we provide an online shopfront through our website, MedanAja.com, that allows sellers to show their goods and buyers to view.
These ‘Terms and Conditions of Use’, hereafter are referred to as ‘Terms of Service’.
You must read, understand, and agree with the Terms of Service and MedanAja.com’s Privacy Policy before you use any of MedanAja.com’s services. This includes all features and functionalities, our user interfaces such as our website, and all content and associate software in whole or in part.
Acceptance of Terms of Service
By using, visiting, or browsing the Products and Services as a user or paid or unpaid member, you accept and agree to be bound by these Terms of Service. Further, you must read, agree with and accept all of the terms and conditions contained or expressly referenced in these Terms of Service, including MedanAja.com’s Privacy Policy and the Copyright Policy, before you may sign up for an MedanAja.com Account or use any MedanAja.com Services. If you do not agree to these Terms of Service, you should not use the Products and Services, including our website and software. Violation of any terms will result in termination of your account.
These Terms of Service constitute the entire agreement between you and MedanAja.com and supersede any and all previous agreements, written or oral, between you and MedanAja.com, including previous versions of the Terms of Service. Any failure of MedanAja.com to enforce or exercise a right provided in these terms is not a waiver of that right.
Changes to Terms of Service
MedanAja.com reserves the right, from time to time, with or without notice to you, to change these Terms of Service, including the Policies, in our sole and absolute discretion. MedanAja.com may also freely assign or transfer this Agreement. The most current version of these Terms of Service can be reviewed by visiting our website and clicking on “Terms of use” located at the bottom of the pages of the MedanAja.com website. The most current version of the Terms of Service will supersede all previous versions.
If any provision of this Agreement is declared void or unenforceable by any judicial authority, this shall not nullify the remaining provisions of the Agreement, which shall remain in full force and effect.
Account Terms Overview
You are responsible for using the Products and Services in a private and secure manner. MedanAja.com is not liable for any damage or loss due to unauthorized account access resulting from your actions, such as not logging out of the Products and Services or sharing your account password.
MedanAja.com can refuse registration or cancel an account at its sole discretion at any time.
You may not use the Products and Services for any illegal activity or to violate laws in your jurisdiction.
You may not use the Products and Services to distribute unsolicited email (“spam”) or malicious content such as viruses or worms.
You may not exploit the Products and Services to access unauthorized information.
MedanAja.com reserves the right to modify, suspend, or discontinue the Products and Services for any reason, with or without notice.
Abuse or excessively frequent requests to the MedanAja.com website or other Products and Services may result in the temporary or permanent suspension of your account’s access to the Products and Services. MedanAja.com, at its sole discretion, will determine abuse or excessive usage. Abuse or excessive usage may trigger an automatic block by our system. MedanAja.com will make a reasonable attempt via email to warn the account owner prior to a suspension.
MedanAja.com owns intellectual property rights to any protectable part of the Products and Services, including but not limited to the design, artwork, functionality, and documentation. You may not copy, modify, or reverse engineer any part of the Products and Services owned by MedanAja.com.
User Conduct and Submissions
Any text, graphics, photographs, or other information communicated to MedanAja.com (collectively, “Content”) belongs to the person who posted such content. You may use any Content posted by you in any other way without restriction. You may only use Content posted by others in the ways described in these Terms of Service.
You give MedanAja.com a non-exclusive, free, worldwide license for the duration of the applicable author’s rights, to publish your Content. In addition to the right to publish, you also grant the following rights, without limitation: (i) the right to reproduce; (ii) the right to transfer, which includes the distribution via computer and networks; (iii) the right to edit, modify, adapt, arrange, improve, correct, translate, in all or in part; (iv) the right to update/upgrade by adding or removing; and (v) the right to film, perform or post the Content in any media. Except as described in our Privacy Policy, MedanAja.com will not be required to treat any Content as confidential.
MedanAja.com cannot control all Content posted by third parties to the Products and Services, including to our user interfaces, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Products and Services you may be exposed to Content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will MedanAja.com be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You understand that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content. If you would like to report objectionable materials, please contact abuse@MedanAja.com
By accessing the Products and Services, including our website and other user interfaces, you agree to use the Products and Services, including all features and functionalities associated therewith, our website, other user interfaces and all content and software associated therewith in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Products and Services or Content therein. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Products and Services. You also agree not to interfere with the servers or networks connected to any portions of the Products and Services or to violate any of the procedures, policies or regulations of networks connected to the Products and Services. You also agree not to impersonate any other person while using the Products and Services, conduct yourself in a vulgar or offensive manner while using the Products and Services, or use the Products and Services for any unlawful purpose.
Use of the Products and Services and any personally identifying information submitted through the Products and Services, such as through our user interfaces containing community forums, is subject to our Privacy Policy, the terms of which are incorporated herein, and a copy of which is currently located at MedanAja.com/privacy-policy. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of the policy.
By using the Products and Services, you are consenting to receive certain communications from us. For example, MedanAja.com may send you newsletters about new MedanAja.com features, special offers, promotional announcements and customer surveys via email or other methods.
Please review our Privacy Policy for further details on our marketing communications. You can also find the unsubscribe instructions there. By using the Products and Services, you consent to receiving electronic communications from MedanAja.com. These communications may include notices about your account (for example, change in password or Payment Method, confirmation e-mails and other transactional information) and information concerning or related to our service. These communications are part of your relationship with MedanAja.com and you receive them as part of the MedanAja.com membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
The member who created the MedanAja.com account and whose Payment Method is charged is referred to here as the “Account Owner”. The Account Owner has access and control over the MedanAja.com account. The Account Owner’s control is exercised through use of the Account Owner’s password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting MedanAja.com Customer Service and potentially altering the Account Owner’s control, the Account Owner should not reveal the Payment Method details (for example, the last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account. BY SHARING THE MedanAja.com ACCOUNT PASSWORD, THE ACCOUNT OWNER AGREES TO BE RESPONSIBLE FOR ASSURING THAT THE PERSONS WITH WHOM IT SHARES THE PASSWORD COMPLY WITH THE TERMS OF SERVICE AND SUCH ACCOUNT OWNER SHALL BE RESPONSIBLE FOR THE ACTIONS OF SUCH PERSONS.
Any abuse or threatened abuse of other users of the Products and Services or of MedanAja.com personnel will result in immediate account termination.
Payment and Fees For Products and Services
If you are billed for the Products and Services by one of our partners, its billing terms shall apply. To access any of our Products and Services, you must have access to the Internet and must create an account, either on a free or paid-subscription basis. To use our paid Products and Services, you must have a current valid accepted payment method as indicated during checkout.
A valid credit card or Paypal account is required for paid subscription Products and Services.
MedanAja.com does not provide refunds for Products and Services.
Shipping
MedanAja.com does not provide any means of shipping. Delivery and shipping of items are the sole responsibility of the buyer and seller.
Any mention of shipping or delivery services, in any way, whether by way of a shipper using our Products or Services or by way of a courtesy information page, or by way of sellers recommendation,is done with the explicit exclusion of any and all responsibility by MedanAja.com.
Payments, Receivals, Delivery and Shipping
MedanAja.com is a classified advertisement platform operating with a similar function as a newspaper classified advertisement section. As such, MedanAja.com does not collect, distribute or facilitate any money payments, swaps, exchanges, barters, deliveries or shipping, and does not conduct or facilitate negotiations in any way for any article or service advertised in MedanAja.com. You, ‘The User’ (The Buyer and The Seller), by agreeing to these Terms of Service, are jointly fully responsible for all of the aforementioned actions and undertake to absolve MedanAja.com from any dispute or legal-actions in relation to said actions.
Anti-Corruption, Export and Sanctions Compliance
With respect to these Terms of Service, you represent, warrant, and covenant that you:
- have not and will not violate, or cause any party to be in violation of, any applicable anti-bribery or anti-corruption law , anti-kickback laws, anti-money laundering and anti-terrorist financing laws, sanctions, embargoes, export controls, import controls, anti-fraud laws, or any other applicable law, regulation, or order (collectively, “Applicable Laws”);
- have not and will not use or apply the Products and Services or our website in violation of Applicable Laws;
- have not and will not with a corrupt, improper, or illegal intention directly or indirectly (through third parties) pay, provide, promise, offer, authorize, solicit, or accept any money, gift, hospitality, entertainment, favor, financial advantage, or other thing of value to or from any individual, organization, political party, or entity whether in the public or private sector in any country in order to obtain, retain, or direct regulatory approvals, licenses, permits, business, contracts, investments, sales, tax or duty assessments, import or export clearances, foreign exchange clearances, or other advantages;
- shall cause all of your employees, officers, directors, agents, contractors, vendors, and partners (collectively, “Relevant Parties”) to comply with all of the terms contained in this Anti-Corruption, Export and Sanctions Compliance Section;
Identity Protection
You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your MedanAja.com account. If you disclose your password to anyone or share your account with other people, you take full responsibility for their actions. Where possible, users of public or shared networks should log out at the completion of each visit. If you find that you are a victim of identity theft and it involves an MedanAja.com account, you should notify us at info@MedanAja.com. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. Also, you should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the MedanAja.com website and not through a hyperlink in an email or any other electronic communication, even if it looks official. MedanAja.com reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. MedanAja.com is not obligated to credit or discount a membership for holds placed on the account by either a representative of MedanAja.com or by the automated processes of MedanAja.com.
Warranties
UNLESS EXPRESSLY SET FORTH IN THIS AGREEMENT, MedanAja.com MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER, INCLUDING WITHOUT LIMITATION ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OR CONDITIONS OF NON INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. MedanAja.com DOES NOT WARRANT THE RESULTS OF USE OF ANY OF THE PRODUCTS AND SERVICES, AND ACCOUNT HOLDER ASSUMES ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO.
Limitation of Liability and Damages.
IN NO EVENT SHALL MedanAja.com, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, GOODWILL, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL OR INTANGIBLE DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE PRODUCTS AND SERVICES, OUR WEBSITE, AND ALL CONTENTS AND SOFTWARE ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE PRODUCTS AND SERVICES, INCLUDING ANY FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE PRODUCTS AND SERVICES, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW) EXCEED THE AMOUNT OF YOUR PREVIOUS THREE (3) MONTHS OF FEES PAID TO MedanAja.com ON YOUR MEMBERSHIP PLAN. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION OR OTHER SECTIONS OF THESE TERMS OF SERVICE, INCLUDING ANY PORTION OF ANY POLICY, TO BE UNENFORCEABLE, THEN THOSE PORTIONS DEEMED UNENFORCEABLE SHALL BE SEVERED AND THE TERMS OF SERVICE SHALL BE ENFORCED ABSENT THOSE PROVISIONS AND ANY LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
Indemnification
You shall indemnify MedanAja.com for damages, costs and attorneys fees that MedanAja.com incurs from any third party claim that (i) arise from your modification of the Products and Services or (ii) the use by MedanAja.com of any materials provided to MedanAja.com by you for use in the Products and Services infringe any patent, copyright, trademark, trade secret or other intellectual property right under law. You shall assume the defense of any third party claim with counsel reasonably satisfactory to MedanAja.com. MedanAja.com may employ its own counsel in any such case, and shall pay such counsel’s fees and expenses. You shall have the right to settle any claim for which indemnification is available; provided, however, that to the extent that such settlement requires MedanAja.com being indemnified to take or refrain from taking any action or purports to obligate MedanAja.com being indemnified, then you shall not settle such claim without the prior written consent of MedanAja.com, which consent shall not be unreasonably withheld, conditioned or delayed. THE PARTIES DISCLAIM THE IMPLIED WARRANTY OF NON-INFRINGEMENT, RELYING INSTEAD ON THE TERMS OF THIS SECTION.
Additional disclaimers or limitations of liability may be contained in the various third party software, licensing and service agreements you may have agreed to in order to access the Products and Services.
Use of Information Submitted
MedanAja.com is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the Products and Services, including the MedanAja.com website and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Products and Services. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.
Please note MedanAja.com does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to MedanAja.com. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against MedanAja.com and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
Limitations on Use
You must be 18 years of age or older to become a member and end user of the Products and Services. In certain jurisdictions, the age of majority may be older than 18, in which case you must satisfy that age in order to become a member. While individuals under the age of 18 may utilize the Products and Services, they may do so only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms of Service. While MedanAja.com does distribute products that may be used by children, the Products and Services are not intended to be used by children, without involvement, supervision, and approval of a parent or legal guardian (see also “Parental Controls”). Unless otherwise specified, we grant you a limited, non exclusive, non transferable, license to access the Products and Services. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You may not download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms of Service), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Products and Services, without our express written consent. MedanAja.com does not promote, foster or condone the copying of third-party content, or any other infringing activity. You may not circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Products and Services. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MedanAja.com without our express written consent. You may not purchase search terms or use any meta tags or any other “hidden text” utilizing the MedanAja.com name or trademarks without our express written consent. Any unauthorized use of the Products and Services or its contents will terminate the limited license granted by us and will result in the cancellation of your membership.
Claims of Copyright Infringement
It is the policy of MedanAja.com to respect the intellectual property rights of others. MedanAja.com does not condone the unauthorized reproduction or distribution of copyrighted content. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the Products and Services, please contact us so that we can agree how to address the issue.
