Terms & Conditions

Welcome to Babakimpo.com (the "Site"). This document (the "Terms and Conditions" or the "Agreement") shall be read as a legally binding agreement between Buyer or Vendor (as defined below) on the Site (also referred to as "you" or "your") and Babakimpo (also referred to as "we", "us" or "our"). This Agreement governs your use of this Site. By using this Site, you agree to be bound by these Terms and Conditions.

PLEASE NOTE THAT BY REGISTERING OR AND USING THE SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, ACCEPTED AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS SET FORTH BELOW, OUR PRIVACY POLICY AND ANY OTHER RULES OR POLICY THAT WE MAY PUBLISH FROM TIME TO TIME.
 

SECTION 1 - GENERAL

Definitions
 

In this Agreement:
 

"Business Day"  means any day on which banks in Brunei Darussalam are open for business, and which is neither a Sunday nor a public holiday in Brunei Darussalam.

"Buyer"  means a purchaser of a product and/or service through the Site and who places an Order (as defined below) on the Site.

"Commission Fees"  means the fees payable to us by Vendors in accordance with the Commission Schedule.

"Dispatch Confirmation"  means an e-mail to Buyer confirming the dispatch of their Order to their nominated delivery address either from us or Vendor.

"Order"  means the purchase order submitted by Buyer to the Site to purchase a produce and/or service.

"Order Confirmation"  has the meaning set forth in Section 3.3 under Buyer’s section.

"Vendor"  means a person or business that sells a product and/or service through the Site.

"User Account"  means the Babakimpo account that you will need to register for in order to participate as a Buyer or Vendor on the Site.
 

1. Acceptance of Terms and Conditions

1.       By accepting the Terms and Conditions, you acknowledge that you understand and agree to be bound by all of the Terms and Conditions in this Agreement.

2.       You are also subject to our Privacy Policy which forms part of this Agreement.

3.       We reserve the right, at our sole discretion, to modify, vary or amend the Terms and Conditions at any time. Any modification, variation or amendment by us will be posted on the Site and shall take effect immediately. You agree that it is your responsibility to review this Agreement regularly, whereupon the continued use of the Site after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance to such changes.

4.       All notices of change (which shall be sent to you via your e-mail) to this Agreement will be available on the Site for thirty (30) days. By continuing to use the Site, you are deemed to have accepted such changes.

5.       In the event that any provision in this Agreement is deemed unlawful, void or unenforceable, that provision shall not affect the lawfulness, validity and enforceability of the remaining provisions in this Agreement.

6.       Any failure by us to enforce the strict performance of any provision in this Agreement shall not constitute a waiver of our right to subsequently enforce such provisions.

7.       We reserve the right to assign the terms and conditions in this Agreement without notice (including all of our rights, titles, benefits, interests, and obligations and duties) to any person or entity.

8.       This Agreement shall be construed and shall take effect in accordance with the laws of Brunei Darussalam and be subject to the non-exclusive jurisdiction of the courts of Brunei Darussalam.

9.       This Agreement, our Privacy Policy and any other policies posted on the Site from time to time, constitute the entire agreement between you and us and replace and supersede all prior or contemporaneous negotiations or discussions, whether written or oral (if any) between the parties regarding the subject matter contained herein.

2. Registration / Your Account

If you feel that your access to the Site and/or your account was incorrectly terminated or suspended, you can contact us at [e-mail] or [telephone number] for assistance.

1.       To participate as a Buyer or Vendor on the Site, you must register an account with us.

2.       You must be at least eighteen (18) years old to register an account with us. Unless otherwise permitted by us in writing, you may only possess one User Account.

3.       You must provide only true, accurate and current information about yourself.

4.       For Vendor’s registration, we may require you to provide a certificate of registration or incorporation of business where necessary, proof of business address and/or a copy of utility bill.

5.       Any changes to information given during registration must be notified to us immediately.

6.       You are solely responsible for the maintenance of confidentiality of your account, username and password and for all actions taken on the Site under your account, username and password. Any unauthorised use of your account, username or password or any other breach of security with respect to the Site must be notified to us immediately.

7.       You may not gain unauthorised access to the Site. You may not authorise any other person (including minors) to use your account, username and password. You must not use your account in any way that causes or is likely to cause our Site or any access to it to be interrupted, damaged or impaired in any way, for fraudulent purposes or any criminal or other unlawful activity or to cause annoyance or inconvenience.

8.       Whether or not you register an account in Brunei, you agree to be bound by and thus submit to the non-exclusive jurisdiction of the courts of Brunei Darussalam.

9.       We reserve the right to reject any registration for any reason at any time.

10.   We reserve the right to, and may, in our sole discretion and without prior notice to you, terminate or suspend your access to all or part of the Site and/or your account, for any reason, including without limitation: (1) attempting to gain unauthorized access to the Site or providing assistance to others attempting to do so; (2) attempting to overcome software security features limiting use of or protecting any content available on the Site; (3) discontinuance or material modification of the Site or any service available on or through the Site, (4) violation of the Terms and Conditions or applicable laws, (5) suspected or actual copyright or trademark infringement, or (6) requests by law enforcement or other government agencies. Except where it is necessary to complete transactions even after termination, all rights and obligations of parties under this Agreement will be extinguished upon termination, without affecting our right to recover for any losses incurred before the termination.

3. BabaKimpo’s Role

1.       We serve as an online trading platform for Vendors and Buyers to carry out and complete their business transactions.

2.       We are neither a vendor nor buyer of a Vendor’s item, nor are we an agent for the Vendor or an auctioneer. However, we may participate in this Agreement as Vendor for our own items subject to the same Terms and Conditions and Privacy Policy.

3.       We are not your fiduciary or trustee. All of the provisions in this Agreement are only intended for the sole and exclusive benefit of you and us, not any other persons (i.e. third party beneficiary) who are not party to the Agreement.

4. Terms of Sales

1.       Items that encourage illegal activities;

2.       Offensive material including but not limited to, those which promote racial hatred or discrimination based on sex, religion, national origin, physical ability or age;

3.       Obscene material(s) including but not limited to pornographic materials;

4.       Living animals;

5.       Alcoholic products for consumption and Tobacco;

6.       Weapons, poisons or other dangerous substances in accordance with applicable laws in Brunei;

7.       Stolen goods;

8.       Replica and counterfeit items;

9.       Used clothing and cosmetics;

10.   Items sold or bought for the sole purpose of collecting user information;

11.   Items that infringe another party’s intellectual property right;

12.   Illegal or prescription drugs;

13.   Any other consumable products that require licensing; and/or

14.   Any other products or services that, we shall have the discretion to decide, are not to be listed for sale or purchase.

15.   All products and services listed on the Site are sold at fixed prices, subject to any discount and applicable importation charges, custom duties and taxes as may be indicated on the Site.

16.   All of the prices on the Site are listed in Brunei Dollars (BND).

17.   Whilst we do our best to display the colours on the Site as accurately as possible, we cannot guarantee that the colours and images of the products shown on the Site exactly reproduce the colours of the actual products. This may depend on the colour reproduction on your computer or mobile device. We do not represent or warrant that the description of any products or services shown on the Site are accurate or complete.

18.   Vendor must not list and Buyer must not purchase the following prohibited items on the Site:

19.   The sale and purchase agreement between the Buyer and Vendor shall be governed by the laws of Brunei and the parties submit to the non-exclusive jurisdiction of the courts in Brunei.

20.   We reserve the right to terminate any transaction at any time, if we consider it appropriate and/or necessary.

5. Promo Codes, Gift Cards, Gift Vouchers and Store Credit

You may apply any credit offered towards the next purchase but you may not redeem them for cash.

1.       Promo Codes;

2.       Gift Cards and Vouchers; and

3.       BabaKimpo’s store credit

4.       From time to time, we will have the right to avail the following to Buyer:which may apply to any, or certain specific purchases made through the Site.

5.       Each of the above will be subject to the terms and conditions in this Agreement, as well as specific terms and conditions specified at the time they are issued.

6.       Promo codes, gift cards, gift vouchers and store credit are non-transferable and cannot be exchanged for cash.

6. Ratings, Reviews and Feedback

1.       You may leave feedback to other parties in this Agreement and/or rate using a 1-5 star rating system about their performance in buying or selling items on the Site. You may submit reviews, feedback and/or ratings in relation to a transaction on the Site. The content shall not be illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".

2.       You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content.

3.       You consent to our publication of the feedback and rating on the Site.

4.       We reserve the right to remove or edit such content as we consider appropriate and/or necessary.

5.       If you believe that any content contains a defamatory statement, or that your intellectual property rights are being infringed by an item or information, please notify us by sending us an e-mail at hello@babakimpo.com or by calling +6732448109 (ext.225).

6.       You agree to indemnify us against any claim or action brought by a third party, arising out of or in connection with the content and material you supply on the Site.

7. Intellectual Property

1.       We and our licensors, reserve all rights, titles and interests in the intellectual property, including without limitation any patents, trademarks, database rights, confidential information, trade and business name and copyright in all software and content made available to you on or through this on the Site.

2.       You can only make personal, and not commercial use of the Site. Without limitation, you must also not engage in the adaptation, modification, distribution, reproduction, copy, republishing or the creation of any derivative works, the collection and use of others’ information, ratings and feedback from any part of the Site.

8. Limitation of Liabilities and Disclaimer of Warrantie

1.       We provide the Site, and all information, content (including third-party content), materials, products and services, on an "as-is" and "as-available" basis. As such, we make no representations or warranties, to the full extent as permitted by applicable law(s), express or implied, as to the following, including without limitation the operation of the Site, the information, content (including third-party content), applications, materials, services or products included on or listed on the Site, sold through or otherwise made available through the Site, including but not limited to, implied warranties of vendorability, quality or fitness for particular purpose or non-infringement and obligation, liability, right, claim or remedy in tort, whether or not arising from our negligence

2.       You agree that your use of all products and/or services listed on, sold through or otherwise made available through the Site is at your own and sole risk.

3.       We do not guarantee or warrant the performance of any Seller or Buyer including the conformance of any third party’s product or description thereof, to any law, rule, regulation or policy.

4.       In the event of any dispute arising out of or in relation to this Agreement between you and us, as Vendor, both parties shall make a good faith attempt to resolve the dispute through negotiation.

5.       In the event that we are not the Vendor and a dispute arises between you and a Vendor or a Buyer, each of you shall indemnify us from claims, demands and damages of any kind arising from such disputes.

6.       You agree that if you download any material(s) from the Site, you are doing it at your own discretion and risk. We will not be liable for any damage(s) to your computer system and/or loss of data resulting from such action will be at your own responsibility.

7.       We do not warrant that the Site, its servers or e-mails sent from us are free of viruses or other harmful components or that the Site will operate without interruption or that the Site will be defect or error free.

8.       You agree to indemnify us from all losses, claims and damages arising from this Agreement, the Site, any goods or services purchased, feedback or ratings posted to the Site. This apply whether or not we have been advised of or should have been aware of the possibility of any such losses, claims or damages.

9.       We are not liable in any case for any losses, claims and/or damages of any kind arising from, related to or in any way connected with the Site, the information, content (including any third-party content), applications, materials, products or services included on, sold through or otherwise made available through the Site, the use of the Site, any submissions, any links on the Site, any application, any e-mail sent from us or any third party’s unauthorized access to your personal information, including, but not limited to, direct, indirect, incidental, special, punitive and consequential damages, regardless of whether such damages are based on contract, strict liability, tort or other theories of liability, regardless of whether or not we have been advised of, given actual or constructive notice or should have been aware of the possibility of any such losses, claims and/or damages.

10.   You agree that our aggregate liability arising from or related to any product and/or service ordered from this Site, regardless of the form of action or claim, is limited to the purchase price of such product and/or service.

11.   We will not be liable for any delay, failure or disruption of the content or services delivered through the Site resulting from any acts that are beyond our reasonable control including without limitation acts of Gods or governmental actions.

12.   Notwithstanding the above, no Vendor may exclude any liability for death or personal injury to the extent only that it arises as a result of the negligence of that party.

9. Third-Party Links

1.       The Site may contain links to other websites and access to content, products or services offered by third parties through hyperlinks, API or otherwise to such third parties’ websites. We are not responsible for examining or evaluating and do not warrant the offerings of the contents of such websites.

2.       We are not liable for any action(s), product(s) or content of any third-party websites.

3.       It is solely your responsibility to review the privacy statements and appropriate terms and conditions of use set forth in such websites.

10. Notice

1.       You consent to receive communications from us by e-mail or through notices posted on the Site.

2.       You agree that all agreements, notices, disclosures and other communications that we provide to you in this manner satisfy any legal requirement that such communications be in writing.

3.       You may give notice to us by letter sent by courier or registered mail to us at the following [address]. Such notice shall be deemed given when received by us.

11. Indemnification

1.       To the extent permitted by applicable law(s), you agree to indemnify, defend and hold us or our licensors and each such party’s parent organisations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorney’s fees and costs) arising from or related to the use of the Site and any content available on the Site, any breach of this Agreement and/or any submissions submitted, in each case by you or any user of your account.

12. License Grant

1.       Subject to the terms and conditions of this Agreement, we, and where applicable, our licensors, grant you a revocable, non-exclusive, non-transferable, non-sublicensable, non-assignable, personal and limited license to access the Site and use it for the purposes it was intended for.

2.       All rights not expressly granted to you are reserved by us and where applicable, our licensors.

3.       You shall not allow any other party to assume or impersonate your identity to access the Site. Your failure to comply with this shall constitute a fundamental breach of this Agreement, and we may refer your breach to the police for possible criminal prosecution.

13. Restrictions

1.       license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party your access to the Site in any way;

2.       interfere or attempt to interfere with the proper operation, performance or integrity of the Site;

3.       bypass any measures used to prevent or restrict access to any portion of the Site;

4.       send spam or otherwise duplicative or unsolicited messages;

5.       modify or make derivative works based upon the Site, the content or any portion or derivative thereof;

6.       reproduce, record, retransmit, sell, rent, distribute, publish, post or perform any of the content of the Site;

7.       use any robot, spider, site search/retrieval application or other manual or automatic device or process to access the Site or its systems for any purpose or to copy, probe, test or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site or to obtain or attempt to obtain any materials, documents or information through any means not purposely made available by us or our affiliates through the Site;

8.       take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site;

9.       post, distribute or reproduce in any way copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;

10.   remove any copyright, trademark or other proprietary rights notices contained on the Site;

11.   compile, repackage, disseminate or otherwise use data available on or extracted from the Site, including product information and prices;

12.   copy or download any account information of any user of the Site for the benefit of any other person or entity;

13.   send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including, but not limited to, materials harmful to children or violative of third-party privacy rights;

14.   send materials containing software viruses, worms, trojan horses or other harmful computer codes, files, scripts, agents or programmes;

15.   frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of ours;

16.   use our name, trademarks, service marks or logos in any meta tags or any other "hidden text"; or

17.   promote any application of our competitors, give out coupons and suggest any other form of discounts.

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