Bakipa Terms & Conditions

1.    INTRODUCTION

1.1.    Welcome to the Bakipa platform (the "Site"). Please read the following Terms and Conditions carefully before using this Site or opening a Bakipa account ("Account") so that you are aware of your legal rights and obligations with respect to Bakipa Limited and its affiliates and subsidiaries (individually and collectively, "Bakipa", "we", "us" or "our"). The "Services" we provide or make available include (a) the Site, (b) the services provided by the Site and by Bakipa client software made available through the Site, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Site or its related services ("Content"). Any new features added to or augmenting the Services are also subject to these Terms and Conditions. These Terms and Conditions govern your use of Services provided by Bakipa.

 

1.2.    The Services include an online consumer-to-consumer (Preloved Marketplace) and business-to-consumer (Bakipa Stores) platform service that provides a place and opportunity for the sale of goods between the buyer (“Buyer”) and the seller (“Seller”) (collectively “Users” or “Parties”). The actual contract for sale is directly between Buyer and Seller and Bakipa is not a party to that or any other contract between Buyer and Seller and accepts no obligations in connection with any such contract. Parties to such transaction will be entirely responsible for the sales contract between them, the listing of goods, warranty of purchase and the like. Bakipa is not involved in the transaction between Users.

 

1.3.    Bakipa pre-screens businesses that wish to sell in the Bakipa Stores marketplace. Sellers can apply via the website. Bakipa will evaluate Sellers based on a set of standardised criteria and has the sole discretion to accept or decline an application without further explanation.

 

1.4.    Bakipa requires Distributors and Agents to provide evidence of their distribution rights of all products in order to advertise them in the Bakipa Stores marketplace. Bakipa retains the right to suspend or remove Sellers who do not comply with this requirement immediately and without prior warning.

 

1.5.    Bakipa does not pre-screen Users or the Content or information provided by Users in the Bakipa Preloved Marketplace and cannot ensure that Users will actually complete a transaction.

 

1.6.    Before becoming a member of the Site, you must read and accept all of the terms and conditions in, and linked to, these Terms and Conditions and you must consent to the processing of your personal data as described in the Privacy Policy linked hereto.

 

1.7.    Bakipa reserves the right to change, modify, suspend or discontinue all or any part of this Site or the Services at any time. Bakipa may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. Bakipa may also impose limits on certain features or restrict your access to parts of, or the entire, Site or Services in its sole discretion and without notice or liability.

 

1.8.    Bakipa reserves the right to refuse to provide you access to the Site or Services or to allow you to open an Account for any reason.

 

BY USING BAKIPA SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE SITE. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE “LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINOR'S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR COMPANY SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER.

 

2.    PRIVACY

2.1.    Your privacy is very important to us at Bakipa. To better protect your rights we have provided the Bakipa Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how Bakipa collects and uses the information associated with your Account and/or your use of the Services. By using the Services or providing information on the Site, you consent to Bakipa's collection, use, disclosure and/or processing of your Content and personal data as described in the Privacy Policy.

 

2.2.    Users in possession of another User’s personal data through the use of the Services (the “Receiving Party”) hereby agree that, they will (i) comply with all applicable personal data protection laws with respect to any such data; (ii) allow the User whose personal data the Receiving Party has collected (the “Disclosing Party”) to remove his or her data so collected from the Receiving Party’s database; and (iii) allow the Disclosing Party to review what information have been collected about them by the Receiving Party, in each case of (ii) and (iii) above, in compliance with and where required by applicable laws.

 

3.    LIMITED LICENSE

3.1.    Bakipa grants you a limited and revocable license to access and use the Services subject to the terms and conditions of these Terms and Conditions. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed in the Site are the property of Bakipa and where applicable, third party proprietors identified in the Site. No right or licence is granted directly or indirectly to any party accessing the Site to use or reproduce any Intellectual Property, and no party accessing the Site shall claim any right, title or interest therein. By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Site and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Site or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Site on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).

 

3.2.    You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with Bakipa. You acknowledge that Bakipa may, in its sole discretion and at any time, discontinue providing any part of the Services without notice.

 

4.    SOFTWARE

4.1.    Any software provided by us to you as part of the Services is subject to the provisions of these Terms and Conditions. Bakipa reserves all rights to the software not expressly granted by Bakipa hereunder. Any third-party scripts or code, linked to or referenced from the Services, are licensed to you by the third parties that own such scripts or code, not by Bakipa.

 

5.    ACCOUNTS AND SECURITY

5.1.    Some functions of our Services require registration for an Account by selecting a unique username and password, and by providing certain personal information. If you select a username that Bakipa, in its sole discretion, finds offensive or inappropriate, Bakipa has the right to suspend or terminate your Account. You may be able to use your Account to gain access to other products, websites or services to which we have enabled access or with which we have tied up or collaborated. Bakipa has not reviewed, and assumes no responsibility for any third party content, functionality, security, services, privacy policies, or other practices of those products, websites or services. If you do so, the terms of service for those products, websites or services, including their respective privacy policies, if different from these Terms and Conditions and/or our Privacy Policy, may also apply to your use of those products, websites or services.

 

5.2.    You agree to (a) keep your password confidential and use only your username and password when logging in, (b) ensure that you log out from your account at the end of each session on the Site, (c) immediately notify Bakipa of any unauthorised use of your Account, username and/or password, and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your user name and Account even if such activities or uses were not committed by you. Bakipa will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Section.

 

5.3.    You agree that Bakipa may for any reason, in its sole discretion and without notice or liability to you or any third party, immediately terminate your Account and your user name, and remove or discard from the Site any Content associated with your Account and user name. Grounds for such termination may include, but are not limited to, (a) extended periods of inactivity, (b) violation of the letter or spirit of these Terms and Conditions, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour or (d) behaviour that is harmful to other Users, third parties, or the business interests of Bakipa. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, Bakipa may terminate your Account immediately without notice.

 

5.4.    Users may terminate their Account if they notify Bakipa in writing (including via email at hello@bakipa.com) of their desire to do so. Notwithstanding any such termination, Users remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the product, payment for the product, or the like, and Users must contact Bakipa after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms and Conditions. Bakipa shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this section. Users waive any and all claims based on any such action taken by Bakipa.

 

6.    TERM OF USE

6.1.    The license for use of this Site and the Services is effective until terminated. This license will terminate as set forth under these Terms and Conditions or if you fail to comply with any term or condition of these Terms and Conditions. In any such event, no notice shall be required by Bakipa to effect such termination.

 

6.2.    You agree not to:

6.2.1.    upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

6.2.2.    violate any laws or third party rights;

6.2.3.    use the Services to harm minors in any way;

6.2.4.    use the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;

6.2.5.    forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;

6.2.6.    remove any proprietary notices from the Site;

6.2.7.    cause, permit or authorize the modification, creation of derivative works, or translation of the Services without the express permission of Bakipa;

6.2.8.    use the Services for the benefit of any third party or any manner not permitted by the licenses granted herein;

6.2.9.    use the Services for fraudulent purposes;

6.2.10.    manipulate the price of any item or interfere with other User's listings;

6.2.11.    take any action that may undermine the feedback or ratings systems;

6.2.12.    attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by Bakipa with respect to the Services and/or data transmitted, processed or stored by Bakipa;

6.2.13.    harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information;

6.2.14.    upload, email, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

6.2.15.    upload, email, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

6.2.16.    upload, email, post, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other unauthorised form of solicitation;

6.2.17.    upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;

6.2.18.    disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Users of the Services are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges;

6.2.19.    interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other User's use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

6.2.20.    take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;

6.2.21.    use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;

6.2.22.    use the Services in violation of or to circumvent any sanctions or embargo administered or enforced by the U.S. Department of Treasury’s Office of Foreign Assets Control, the United Nations Security Council, the European Union or Her Majesty’s Treasury;

6.2.23.    use the Services to violate the privacy of others or to "stalk" or otherwise harass another;

6.2.24.    use the Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above; and/or

6.2.25.    list items which infringe upon the copyright, trademark or other intellectual property rights of third parties or use the Services in a manner which will infringe the intellectual property rights of others.

 

6.3.    You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not Bakipa, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site. Bakipa has limited control over the Content posted on the Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. To the maximum extent permitted by applicable law, under no circumstances will Bakipa be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available on the Site.

 

6.4.    You acknowledge that Bakipa may or may not pre-screen Content, but that Bakipa and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete or move any Content that is available on the Site. Without limiting the foregoing, Bakipa and its designees shall have the right to remove any Content that violates these Terms and Conditions;

6.4.1.    if we receive a complaint from another User;

6.4.2.    if we receive a notice of intellectual property infringement or other legal instruction for removal; or

6.4.3.    if such Content is otherwise objectionable.

We may also block delivery of a communication (including, without limitation, status updates, postings, messages and/or chats) to or from the Services as part of our effort to protect the Services or our Users, or otherwise enforce the provisions of these Terms and Conditions. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you have not and, to the maximum extent permitted by applicable law, may not rely on any Content created by Bakipa or submitted to Bakipa, including, without limitation, information in Bakipa Forums and in all other parts of the Site.

 

6.5.    You acknowledge, consent to and agree that Bakipa may access, preserve and disclose your Account information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over Bakipa or in a good faith belief that such access preservation or disclosure is reasonably necessary to:

6.5.1.    comply with legal process;

6.5.2.    enforce these Terms and Conditions;

6.5.3.    respond to claims that any Content violates the rights of third parties;

6.5.4.    respond to your requests for customer service; or

6.5.5.    protect the rights, property or personal safety of Bakipa, its Users and/or the public.

 

7.    VIOLATION OF OUR TERMS AND CONDITIONS

7.1.    Violations of this policy may result in a range of actions, including, without limitation, any or all of the following:

7.1.1.    Listing deletion

7.1.2.    Limits placed on Account privileges

7.1.3.    Account suspension and subsequent termination

7.1.4.    Criminal charges

7.1.5.    Civil actions, including without limitation a claim for damages and/or interim or injunctive relief.

7.2.    If you believe a User on our Site is violating these Terms and Conditions, please contact hello@bakipa.com.

 

8.    MAKING CLAIMS OF INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT

8.1.    If you believe that your work (as included on the Services) has been copied, displayed, or distributed in a way that constitutes intellectual property rights infringement, please notify us in writing to hello@bakipa.com.

8.2.    A notification of claimed infringement must be a written communication and must include substantially all of the following:

8.2.1.    a physical or electronic signature of a person authorised to act on behalf of the owner of the copyright interest that is allegedly infringed;

8.2.2.    a description of such copyrighted work(s) and an identification of what material in such work(s) is claimed to be infringed;

8.2.3.    a description of the exact name of the infringing work and the location of the infringing work on the Services;

8.2.4.    information sufficient to permit Bakipa to contact you, such as your physical address, telephone number and e-mail address;

8.2.5.    a statement by you that you have a good faith belief that the use of the material identified in the manner complained of is not authorised by the copyright owner, its agent, or the law;

8.2.6.    a statement by you that the information in the notification is accurate and, under penalty of perjury that you are authorised to act on the copyright owner's behalf if you are not the copyright owner.

 

9.    PURCHASE AND PAYMENT

9.1.    Bakipa marketplaces support the following payment methods:

9.1.1.    Bakipa Preloved Marketplace:

9.1.1.1.    Offline Arrangement

Buyer has the option of placing orders offline directly with Seller (“Offline Arrangement”).

9.1.2.    Bakipa Stores:

9.1.2.1.    Credit Card

Card payments are processed through third-party payment channels and the type of credit cards accepted by these payment channels may vary depending on the jurisdiction you are in.

 

9.1.2.2.    Paypal

9.2.    Buyer may only change their preferred mode of payment for their purchase prior to making payment.

9.3.    Bakipa takes no responsibility and assume no liability for any loss or damages to Buyer arising from shipping information and/or payment information entered by Buyer or wrong remittance by Buyer in connection with the payment for the items purchased. We reserve the right to check whether Buyer is duly authorised to use certain payment method, and may suspend the transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available.

 

10.    DELIVERY

10.1.    Bakipa will inform Seller when Bakipa receives Buyer’s Purchase Monies. Seller should then make the necessary arrangements to have the purchased item shipped within 48 hours of the order being received, and delivered to Buyer. Seller should provide details such as the name of the delivery company, the tracking number, etc. to Buyer through the Site.

10.2.    Seller must use his/her best effort to ensure that Buyer receives the purchased items within the time period specified (for offline payment) by Seller on Seller’s listing.

 

11.    CANCELLATION, RETURN AND REFUND

11.1.    Buyer may only cancel his/her order prior to the payment of Buyer’s Purchase Monies into Bakipa Account.

11.2.    Buyer may apply for the return of the purchased item and refund, if applicable, subject to and in accordance with Bakipa’s Return and Exchange Policy. Please refer to Bakipa’s Return and Exchange Policy for further information.

11.3.    Bakipa does not monitor the cancellation, return and refund process for offline payment.

 

12.    SELLER’S RESPONSIBILITIES

12.1.    Seller shall properly manage and ensure that relevant information such as the price and the details of items, inventory amount and terms and conditions for sales is updated on Seller’s listing and shall not post inaccurate or misleading information.

12.2.    The price of items for sale will be determined by the Seller at his/her own discretion. The price of an item and shipping charges shall include the entire amount to be charged to Buyer such as sales tax, value-added tax, tariffs, etc. and Seller shall not charge Buyer such amount additionally and separately.

12.3.    Seller agrees that Bakipa may at its discretion engage in promotional activities for and on behalf of Seller to induce transactions between Buyer and Seller by reducing, discounting or refunding fees, or in other ways. The final price that Buyer will pay actually will be the price that such adjustment is applied to.

12.4.    For the purpose of promoting the sales of the items listed by Seller, Bakipa may post such items (at adjusted price) on third-party websites (such as portal sites and price comparison sites) and other websites (domestic or foreign) operated by Bakipa.

12.5.    Seller shall issue receipts, credit card slips or tax invoices to Buyer on request.

12.6.    Seller acknowledges and agrees that Seller’s violation of any of Bakipa’s policies will result in a range of actions as stated in Section 7.1.

 

13.    FEES

13.1.    Bakipa charges Business Accounts fees for the use of the Site. There are currently no fees for Preloved Marketplace Sellers to use the Site.

13.2.    Fees, where relevant, will be displayed in the Seller Centre at all times.

13.3.    Where fees are payable, the same will be subject to GST/VAT and other applicable taxes. Unless otherwise agreed, Seller is responsible for such taxes. Seller acknowledges and agrees that Bakipa may deduct its fees and any applicable taxes from the purchase monies paid by Buyers. Bakipa shall issue receipts or tax invoices for fees and tax paid by Seller on request.

 

14.    DISPUTES

14.1.    Bakipa encourages Users to communicate with each other in the event where problem arises in a transaction. As Bakipa is a platform for Users to conduct trading, Buyer should contact Seller directly for any issue relating to the Item purchased. In the alternative, Users may approach the claims tribunal of their local jurisdiction to resolve any dispute arising from a transaction.

14.2.    Users who purchase from a Bakipa Store may send written request to Bakipa to assist them in resolving issues which may arise from a transaction upon request. Bakipa may, at its sole discretion and with absolutely no liability to Seller and Buyer, take all necessary steps to assist Users resolving their dispute. For more information, please refer to Bakipa’s Return and Exchange Policy.

14.3.    To be clear, the services provided under this Section 14 are only available to Buyers who purchase from a Bakipa Store. Buyer purchasing from a Preloved Marketplace Seller should contact the Seller directly.

 

15.    FEEDBACK

15.1.    Bakipa welcomes information and feedback from our Users which will enable Bakipa to improve the quality of service provided. Please refer to our complaints procedure below for further information:

15.1.1.    Complaints may be made in writing through email to or using the Contact Us form found on the App or website.

15.1.2.    Anonymous complaints will not be accepted.

15.1.3.    Users affected by the complaint should be fully informed of all facts and given the opportunity to put forward their case.

15.1.4.    Vague and defamatory complaints will not be entertained.

 

16.    DISCLAIMERS

16.1.    THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY BAKIPA OF ANY KIND EITHER EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BAKIPA DOES NOT WARRANT THAT THE SERVICES, THIS SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.

16.2.    YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

16.3.    BAKIPA HAS NO CONTROL OVER AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOES NOT GUARANTEE OR ACCEPT ANY RESPONSIBILITY FOR: (A) THE FITNESS FOR PURPOSE, EXISTENCE, QUALITY, SAFETY OR LEGALITY OF ITEMS AVAILABLE VIA THE SERVICES; OR (B) THE ABILITY OF SELLERS TO SELL ITEMS OR OF BUYERS TO PAY FOR ITEMS. IF THERE IS A DISPUTE INVOLVING ONE OR MORE USERS, SUCH USERS AGREE TO RESOLVE SUCH DISPUTE BETWEEN THEMSELVES DIRECTLY AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RELEASE BAKIPA AND ITS AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SUCH DISPUTE.

 

17.    EXCLUSIONS AND LIMITATIONS OF LIABILITY

17.1.    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BAKIPA BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR:

17.1.1.    LOSS OF USE;

17.1.2.    LOSS OF PROFITS;

17.1.3.    LOSS OF REVENUES;

17.1.4.    LOSS OF DATA;

17.1.5.    LOSS OF GOOD WILL; OR

17.1.6.    FAILURE TO REALISE ANTICIPATED SAVINGS, IN EACH CASE WHETHER DIRECT OR INDIRECT; OR

17.1.7.    ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING THEREFROM, EVEN IF BAKIPA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17.2.    YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.

17.3.    IF, NOTWITHSTANDING THE PREVIOUS SECTIONS, BAKIPA IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE), THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITS LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO SG $100 (ONE HUNDRED SINGAPORE DOLLARS).

17.4.    NOTHING IN THESE TERMS AND CONDITIONS SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY BAKIPA’S NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER LIABILITY ON THE PART OF BAKIPA THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED.

 

18.    LINKS TO THIRD PARTY SITES

18.1.    Third party links provided throughout the Site will let you leave this Site. These links are provided as a courtesy only, and the sites they link to are not under the control of Bakipa in any manner whatsoever and you therefore access them at your own risk. Bakipa is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. Bakipa is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by Bakipa of any linked site and/or any of its content therein.

 

19.    YOUR CONTRIBUTIONS TO THE SERVICES

19.1.    By submitting Content for inclusion on the Services, you represent and warrant that you have all necessary rights and/or permissions to grant the licenses below to Bakipa. You further acknowledge and agree that you are solely responsible for anything you post or otherwise make available on or through the Services, including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any Content contribution. You hereby grant Bakipa and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform such Content contribution on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works) without need of attribution and you agree to waive any moral rights (and any similar rights in any part of the world) in that respect. You understand that your contribution may be transmitted over various networks and changed to conform and adapt to technical requirements.

19.2.    You hereby grant Bakipa and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform your Company details, including but not limited to the name, logo and other publicly available information, on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works) without need of attribution and you agree to waive any moral rights (and any similar rights in any part of the world) in that respect. You understand that your Company details may be transmitted over various networks and changed to conform and adapt to technical requirements.

19.3.    Any material, information or idea you post on or through the Services, or otherwise transmit to Bakipa by any means (each, a "Submission"), is not considered confidential by Bakipa and may be disseminated or used by Bakipa without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. By making a Submission to Bakipa, you acknowledge and agree that Bakipa and/or other third parties may independently develop software, applications, interfaces, products and modifications and enhancements of the same which are identical or similar in function, code or other characteristics to the ideas set out in your Submission. Accordingly, you hereby grant Bakipa and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to develop the items identified above, and to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform any Submission on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works). This provision does not apply to personal information that is subject to our privacy policy except to the extent that you make such personal information publicly available on or through the Services.

 

20.    THIRD PARTY CONTRIBUTIONS TO THE SERVICES AND EXTERNAL LINKS

20.1.    Each contributor to the Services of data, text, images, sounds, video, software and other Content is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with their Content contribution. As such, Bakipa is not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any contribution of Content. You will not hold Bakipa responsible for any User's actions or inactions, including, without limitation, things they post or otherwise make available via the Services.

20.2.    In addition, the Services may contain links to third party products, websites, services and offers. These third party links, products, websites and services are not owned or controlled by Bakipa. Rather, they are operated by, and are the property of, the respective third parties, and may be protected by applicable copyright or other intellectual property laws and treaties. Bakipa has not reviewed, and assumes no responsibility for the content, functionality, security, services, privacy policies, or other practices of these third parties. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise. By using the Services, you agree that Bakipa shall not be liable in any manner due to your use of, or inability to use, any website or widget. You further acknowledge and agree that Bakipa may disable your use of, or remove, any third party links, or applications on the Services to the extent they violate these Terms and Conditions.

 

21.    YOUR REPRESENTATIONS AND WARRANTIES

21.1.    You represent and warrant that:

21.1.1.    you possess the legal capacity (and in the case of a minor, valid parent or legal guardian consent), right and ability to enter into these Terms and Conditions and to comply with its terms; and

21.1.2.    you will use the Services for lawful purposes only and in accordance with these Terms and Conditions and all applicable laws, rules, codes, directives, guidelines, policies and regulations.

 

22.    INDEMNITY

22.1.    You agree to indemnify, defend and hold harmless Bakipa, and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees (collectively, the "Indemnified Parties") from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable legal fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to:

22.1.1.    the hosting, operation, management and/or administration of the Services by or on behalf of Bakipa,

22.1.2.    your violation or breach of any term of these Terms and Conditions or any policy or guidelines referenced herein,

22.1.3.    your use or misuse of the Services, or

22.1.4.    your breach of any law or any rights of a third party.

 

23.    SEVERABILITY

If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.

 

24.    GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Singapore without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act, to the extent applicable, are expressly disclaimed. Any dispute, controversy, claim or difference of any kind whatsoever shall arising out of or relating to these Terms and Conditions against or relating to Bakipa or any Indemnified Party under these Terms and Conditions shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this Section. There will be one (1) arbitrator and the language of the arbitration shall be English.

 

25.    GENERAL PROVISIONS

25.1.    Bakipa reserves all rights not expressly granted herein.

25.2.    Bakipa may modify these Terms and Conditions at any time by posting the revised Terms and Conditions on this Site. Your continued use of this Site after such changes have been posted shall constitute your acceptance of such revised Terms and Conditions.

25.3.    You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.

25.4.    Nothing in these Terms and Conditions shall constitute a partnership, joint venture or principal-agent relationship between you and Bakipa, nor does it authorise you to incur any costs or liabilities on Bakipa’s behalf.

25.5.    The failure of Bakipa at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.

25.6.    These Terms and Conditions are solely for your and our benefit and are not for the benefit of any other person or entity, except for Bakipa's affiliates and subsidiaries (and each of Bakipa's and its affiliates' and subsidiaries' respective successors and assigns).

25.7.    The terms set forth in these Terms and Conditions and any agreements and policies included or referred to in these Terms and Conditions constitute the entire agreement and understanding of the parties with respect to the Services and the Site and supersede any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby exclude all implied terms in fact. In entering into the agreement formed by these Terms and Conditions, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms and Conditions. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this Section it might otherwise have had in relation to any of the foregoing. These Terms and Conditions may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.

25.8.    You agree to comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and corruption including without limitation the UK Bribery Act, the US Foreign Corrupt Practices Act and the Singapore Prevention of Corruption Act and confirm that you have and shall have in place all policies and procedures needed to ensure compliance with such requirements.

25.9.    If you have any questions or concerns about these Terms and Conditions or any issues raised in these Terms and Conditions or on the Site, please contacts us at: hello@bakipa.com

Please send all legal notices to hello@bakipa.com.

 

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY CLICKING THE “SIGN UP ” OR “CONNECT WITH FACEBOOK” BUTTON, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.

Download the free app to join the Bakipa Family today.

Country: Singapore
Top
Web Design, Mobile (iPhone,Android) Apps Development | Website Design and Development | Graphic Design,SEO,SMO,SEM Services - Call +65-65613900 by singsys