1. INTRODUCTION
1.1 Welcome to the Bahdagang.com platform (the “Site”). Please read the following Terms of Service carefully before using this Site or opening a Bahdagang.com account (“Account”) so that you are aware of your legal rights and obligations with respect to Bahdagang.com, its affiliates and/or subsidiaries (individually and collectively, “Bahdagang.com”, “we”, “us” or “our”). The “Services” we provide or make available include (a) the Site, (b) the services provided by the Site and by Bahdagang.com client software made available through the Site, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video (including live streams), 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 of Service. These Terms of Service govern your use of Services provided by Bahdagang.com.
1.2 The Services include an online platform service that provides a place and opportunity for the sale of goods between the buyer (“Buyer”) and the seller (“Seller”) (collectively “you”, “Users” or “Parties”). The actual contract for sale is directly between Buyer and Seller and Bahdagang.com 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. Bahdagang.com is not involved in the transaction between Users. Bahdagang.com may or may not pre-screen Users or the Content or information provided by Users. Bahdagang.com reserves the right to remove any Content or information posted by you on the Site in accordance to Section 6.4 herein. Bahdagang.com cannot ensure that Users will actually complete a transaction.
1.3 Before becoming a User of the Site, you must read and accept all of the terms and conditions in, and linked to, these Terms of Service and you must consent to the processing of your personal data as described in the Privacy Policy linked hereto.
1.4 Bahdagang.com reserves the right to change, modify, suspend or discontinue all or any part of this Site or the Services at any time or upon notice as required by local laws. Bahdagang.com 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. Bahdagang.com 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.
1.5 Bahdagang.com 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 BAHDAGANG.COM 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 Bahdagang.com. To better protect your rights we have provided the Bahdagang.com’s Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how Bahdagang.com collects and uses the information associated with your Account and/or your use of the Services (the “User Information”). By using the Services or providing information on the Site, you:
(i) consent to Bahdagang.com’s collection, use, disclosure and/or processing of your Content, personal data and User Information as described in the Privacy Policy;
(ii) agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and Bahdagang.com; and
(iii) shall not, whether directly or indirectly, disclose your User Information to any third party, or otherwise allow any third party to access or use your User Information, without Bahdagang.com’s prior written consent.
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 Bahdagang.com grants you a limited and revocable license to access and use the Services subject to the terms and conditions of these Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed in the Site are the property of Bahdagang.com 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 Bahdagang.com. You acknowledge that Bahdagang.com may, in its sole discretion and at any time, discontinue providing the Services, either in part or as a whole, 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 of Service. Bahdagang.com reserves all rights to the software not expressly granted by Bahdagang.com 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 Bahdagang.com.
5. ACCOUNTS AND SECURITY
5.1 Some functions of our Services require registration for an Account by selecting a unique user identification (“User ID”) and password, and by providing certain personal information. If you select a User ID that Bahdagang.com, in its sole discretion, finds offensive or inappropriate, Bahdagang.com 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. Bahdagang.com 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 of Service 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 User ID 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 Bahdagang.com of any unauthorised use of your Account, User ID 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 ID and Account even if such activities or uses were not committed by you. Bahdagang.com 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 Bahdagang.com may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately suspend, freeze or terminate your Account and your User ID, remove or discard from the Site any Content associated with your Account and User ID, withdraw any subsidies offered to you, cancel or suspend any transactions associated with your Account and User ID, temporarily or in more serious cases permanently withhold any sale proceeds or refunds, and/or take any other actions that Bahdagang.com deems necessary. Grounds for such actions may include, but are not limited to, actual or suspected (a) extended periods of inactivity, as determined by us from time to time, (b) violation of the letter or spirit of these Terms of Service, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour (d) having multiple user accounts, (e) buying products on the Site for the purpose of commercial re-sale, (f) abnormal or excessive purchase of products from the same Seller or related group of Sellers, (g) voucher abuse (including, but not limited to, selling of vouchers to third parties, selling of vouchers or other credits at a significant markup above face value and/or abnormal or excessive use of vouchers on the Site), or (h) behaviour that is harmful to other Users, third parties, or the business interests of Bahdagang.com. 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, Bahdagang.com may terminate your Account immediately with or without notice.
5.4 Users may terminate their Account if they notify Bahdagang.com in writing (including via email at admin@bahdagang.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 Bahdagang.com after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. Bahdagang.com 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 Bahdagang.com.
5.5 You may only use the Services and/or open an Account if you are located in one of our approved countries, as updated from time to time. As for now Bahdagang.com is only accessible within Brunei Darussalam.
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 of Service or if you fail to comply with any term or condition of these Terms of Service. In any such event, Bahdagang.com may effect such termination with or without notice to you.
6.2 You agree not to:
(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) violate any laws, including without limitation any laws and regulation in relation to export and import restrictions, third party rights or our Prohibited and Restricted Items Policy;
(c) upload, post, transmit or otherwise make available any Content featuring an unsupervised minor or use the Services to harm minors in any way;
(d) use the Services or upload Content to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
(e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
(f) remove any proprietary notices from the Site;
(g) cause, permit or authorize the modification, creation of derivative works, or translation of the Services without the express permission of Bahdagang.com;
(h) use the Services for the benefit of any third party or any manner not permitted by the licenses granted herein;
(i) use the Services or upload Content in a manner that is fraudulent, unconscionable, false, misleading or deceptive;
(j) open and/or operate multiple user accounts in connection with any conduct that violates either the letter or spirit of these Terms of Service;
(k) access the Bahdagang.com platform, open a user account, or otherwise access your user account using an emulator, simulator, bot or other similar hardware or software;
(l) manipulate the price of any item or interfere with other User’s listings;
(m) take any action that may undermine the feedback or ratings systems;
(n) 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 Bahdagang.com with respect to the Services and/or data transmitted, processed or stored by Bahdagang.com;
(o) harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information;
(p) 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);
(q) 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;
(r) 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;
(s) 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;
(t) 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;
(u) 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;
(v) 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;
(w) 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;
(x) use the Services in violation of or to circumvent any sanctions or embargo administered or enforced by the law of the government of Brunei Darussalam.
(y) use the Services to violate the privacy of others or to “stalk” or otherwise harass another;
(z) infringe the rights of Bahdagang.com, including any intellectual property rights and any passing off of the same thereof;
(aa) use the Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above;
(bb) 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; and/or
(cc) direct or encourage another user to conduct a transaction other than on the Site.
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 Bahdagang.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site. 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 Bahdagang.com 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 Bahdagang.com and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, stop, suspend, remove or move any Content, including without limitation any Content or information posted by you, that is available on the Site without any liability to you. Without limiting the foregoing, Bahdagang.com and its designees shall have the right to remove any Content (i) that violates these Terms of Service or our Prohibited and Restricted Items Policy; (ii) if we receive a complaint from another User; (iii) if we receive a notice or allegation of intellectual property infringement or other legal instruction or request for removal; or (iv) 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 Bahdagang.com or submitted to Bahdagang.com, including, without limitation, information in Bahdagang.com Forums and in all other parts of the Site.
6.5 You acknowledge, consent to and agree that Bahdagang.com may access, preserve and disclose your Account information, Content, and any other materials or information you provide to us to any legal, regulatory, or governmental authority, the relevant rights owner, or other third parties if required to do so by law pursuant to an order of a court or lawful request by any governmental or regulatory authority having jurisdiction over Bahdagang.com or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service or our Prohibited and Restricted Items Policy; (c) respond to claims that any Content violates the rights of third parties, including intellectual property rights; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Bahdagang.com, its Users and/or the public.
7. VIOLATION OF OUR TERMS OF SERVICE
7.1 Violations of this policy may result in a range of actions, including, without limitation, any or all of the following:
● Listing deletion
● Limits placed on Account privileges
● Account suspension and subsequent termination
● Criminal charges
● 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 of Service, please contact admin@bahdagang.com
8. REPORTING INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT
8.1 As stated above, Bahdagang.com does not allow listings that violate the intellectual property rights of brands or other intellectual property rights owners (“IPR Owner”).
8.2 Except where expressly stated otherwise, the Users are independent individuals or businesses and they are not associated with Bahdagang.com in any way and Bahdagang.com is neither the agent nor representative of the Users and does not hold and/or own any of the merchandises listed on the Site.
8.3 If you are an IPR Owner or an agent duly authorised by an IPR Owner (“IPR Agent”) and you believe that your right or your principal’s right has been infringed, please notify us by submitting the Intellectual Property Right (IPR) form and provide us the documents requested below to support your claim. Do allow us time to process the information provided. Bahdagang.com will respond to your complaint as soon as practicable.
8.4 Complaints under this Section 8 must be provided in the form prescribed by Bahdagang.com, which may be updated from time to time, and must include at least the following: (a) a physical or electronic signature of an IPR Owner or IPR Agent (collectively, “Informant”); (b) a description of the type and nature of intellectual property right that is allegedly infringed and proof of rights; (c) a description of the nature of alleged infringement with sufficient details to enable Bahdagang.com to assess the complaint (d) URL(s) of the listing(s) which contain the alleged infringement; (e) sufficient information to allow Bahdagang.com to contact the Informant, such as Informant’s physical address, telephone number and e-mail address; (f) a statement by Informant that the complaint is filed on good faith belief and that the use of the intellectual property as identified by the Informant is not authorised by the IPR Owner or the law; (g) a statement by the Informant that the information in the notification is accurate, that the Informant will indemnify us for any damages we may suffer as a result of the information provided by the Informant and that the Informant has the appropriate right or is authorised to act on the IPR Owner’s behalf in all matters relating to the complaint.
8.5 Bahdagang.com acknowledges that a brand or manufacturer may, subject to applicable law, have the right to enter into certain exclusive distribution agreements or minimum advertised price agreements for its products with other third parties. However, violations of such agreements do not constitute intellectual property rights infringement. As the enforcement of these agreements is a matter between the brand or manufacturer and the respective third parties with whom it contracts, Bahdagang.com generally does not assist in the enforcement of such exclusive distribution rights or price-control matters except where required by law.
8.6 Without limitation to the indemnity at Section 32, each and every Seller agrees to indemnify and hold Bahdagang.com harmless from any and all claims, causes of action, damages and judgments arising out of or relating to (a) any intellectual property infringement claim, complaint, or violation relating to any Content or product listings, and/or (b) any removal of such Content or product listings pursuant to or in relation to any intellectual property infringement claim, complaint, or violation.
9. PURCHASE AND PAYMENT
9.1 Bahdagang.com supports one or more of the following payment method operates in:
(i) 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.
(ii) Cash on Delivery (“COD”)
Bahdagang.com provides COD services in selected zone in Brunei. Buyers may pay cash directly to the delivery agent upon their receipt of the purchased item. (Currently not applicable.
(iii) Bank Transfer
Buyer may make payments through an Automated Teller Machine or internet bank transfer (“Bank Transfer”) to our designated Bahdagang.com Guarantee Account (as defined in Section 12). Buyer must provide Bahdagang.com with the transfer receipt or payment transaction reference for verification purposes through the ‘Upload Receipt’ function found in Bahdagang.com’s app as payment confirmation. If payment confirmation is not received by Bahdagang.com within three (3) days, Buyer’s order will be cancelled.
(iv) Wallet
Additionally, buyers can use Bahdagang.com’s digital wallet system to make payments. By buying the token or currency directly from Bahdagang.com, buyers and sellers can top up their wallets. The funds will be deposited into the appropriate wallet on their account dashboard.
9.2 Buyer may only change their preferred mode of payment for their purchase prior to making payment.
9.3 Bahdagang.com takes no responsibility and assumes 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. SELLER BALANCE
10.1 Your Account allows the storage of money you receive from your sales proceeds made on the Platform (“Seller Balance”). The sum of this money, minus any withdrawals, will be reflected as your Seller Balance’s balance. For the avoidance of doubt, your Seller Balance’s balance may become negative in certain situations, and no further withdrawals may be made until such balance becomes positive (including from the receipt of future sales proceeds).
10.2 You may transfer funds from your Seller Balance (up to the amount of your Seller Balance balance) to your linked bank account (“Linked Account”) by submitting a transfer request (“Withdrawal Request”) a maximum of once per day. Bahdagang.com may also automatically transfer funds from your Seller Balance to your Linked Account on a regular basis, as determined by Bahdagang.com. Bahdagang.com shall only process such transfers on business days and such transfers may take up to two business days to be credited to your Linked Account.
10.3 Sellers are entitled to one (1) free Withdrawal Request per week (“Weekly Withdrawal Limit”). Bahdagang.com may impose a fee of B$0.30 for each additional Withdrawal Request made in excess of the Weekly Withdrawal Limit (“Withdrawal Fee”). The Weekly Withdrawal Limit and the Withdrawal Fee are subject to change at Bahdagang.com’s discretion.
10.4 Money from your sale of items on Bahdagang.com shall be credited to your Seller Balance within three (3) days after the item is delivered to Buyer or immediately after Buyer has acknowledged that they have received the item.
10.5 Once submitted, you may not modify or cancel a Withdrawal Request.
10.6 If there is an error in the processing of any transaction, you authorize us to initiate debit or credit entries to your designated bank account, to correct such error, provided that any such correction is made in accordance with applicable laws and regulations. If we are unable to debit your designated bank account for any reason, you authorize us to resubmit the debit, plus any applicable fees, to any other bank account or payment instrument that you have on file with us or to deduct the debit and applicable fees from your Seller Balance in the future. If we are unable to credit your Alternative Account, for any reason, we reserve our right to handle or process such money in accordance with the applicable law, including lodging such money with the Registrar of Unclaimed Moneys (Brunei Darussalam Central Bank) (“Registrar”) in accordance with the requirements under the Brunei Banking Order & Islamic Banking Order. In such instance, you may recover your unclaimed money directly from the Registrar less any fees or charges that may be imposed, with no further recourse to us.
10.7 You authorize us to initiate debit or credit entries to your Seller Balance (including where this would result in your Seller Balance’s balance remaining or becoming negative):
(i) to correct any errors in the processing of any transaction;
(ii) in connection with you wrongly categorising products which impact the Bahdagang.com Commission Fee (defined below);
(iii) where Bahdagang.com has determined that you have engaged in fraudulent or suspicious activity and/or transactions;
(iv) in connection with any lost, damaged or incorrect items;
(v) in connection with any rewards or rebates;
(vi) in connection with any uncharged fees;
(vii) in connection with the settlement of any transaction dispute, including any compensation due to, or from, you;
(viii) in connection with any banned items or items that are detained by customs;
(ix) in connection with any change of mind agreed to by both Buyer and Seller;
(x) to recover any outstanding amounts (including late payment fees and/or interest) owed by you to us;
(xi) to purchase Advertising Credits where you have activated the Advertising Credits Top Up Feature and your Advertising Credits have fallen below your Advertising Credits Minimum Amount; and
(xii) in connection with any return and/or refund requests which are approved in accordance with our Refunds and Returns Policy.
10.8 We have the right to limit, freeze or suspend your Seller Balance for any reason, including where you fail to repay outstanding amounts due to us by the due date.
10.9 If your Account has been terminated, deactivated or suspended in accordance with these Terms of Service, or your Account remains inactive (for such duration as Bahdagang.com may prescribe from time to time), we shall be entitled to charge a fee for the administration of any remaining Seller Balance in your Account. The amount and frequency of such fee shall be prescribed by Bahdagang.com from time to time.
11. BAHDAGANG.COM PAY
11.1 Where you have both an Account with Bahdagang.com and an account with Bahdagang Enterprise (“Bahdagang Enterprise”), you authorise Bahdagang.com to disclose such information to Bahdagang Enterprise as is necessary for Bahdagang Enterprise to provide the Services (as defined in the Bahdagang Enterprise Terms of Service) to you, including but not limited to any payment details associated with your Account.
12. BAHDAGANG.COM GUARANTEE
12.1 Bahdagang.com Guarantee is a service provided by Bahdagang.com or its authorised agent to protect purchases. To protect against the risk of liability, payment for purchases made to Seller using the Services will be held by Bahdagang.com or its authorised agent (“Bahdagang.com Guarantee Account”). Seller will not receive interest or other earnings from the sum you have paid into Bahdagang.com Guarantee Account.
12.2 After Buyer makes payment for his/her order (“Buyer’s Purchase Monies”), Buyer’s Purchase Monies will be held in Bahdagang.com Guarantee Account until:
(a) Buyer sends confirmation to Bahdagang.com that Buyer has received his/her goods, in which case, unless 12.2(d) applies, Bahdagang.com will release Buyer’s Purchase Monies (less the Seller’s proportion of the Shipping fee (if applicable), the Transaction Fee, Bahdagang.com Commission Fee and Tax Amount (defined below), and (if applicable) the Cross Border Fee (defined below)) in Bahdagang.com Guarantee Account to Seller;
(b) Bahdagang.com Guarantee Period (as defined below) (or any approved extension under 12.3) expires, in which case, unless 12.2(c) or 12.2(d) applies, Bahdagang.com will release Buyer’s Purchase Monies (less the Seller’s proportion of the Shipping Fee (if applicable), the Transaction Fee, Bahdagang.com Commission Fee and Tax Amount (defined below), and (if applicable) the Cross Border Fee (defined below)) in Bahdagang.com Guarantee Account to Seller;
(c) Bahdagang.com determines that Buyer’s application for a return of goods and/or refund is successful, in which case, unless 12.2(d) applies, Bahdagang.com will provide a refund to Buyer, subject to and in accordance with the Refunds and Return Policy;
(d) such other time as Bahdagang.com reasonably determines that a distribution of Buyer’s Purchase Monies (less the Seller’s proportion of the Shipping Fee (if applicable), the Transaction Fee, Bahdagang.com Commission Fee and Tax Amount (defined below), and (if applicable) the Cross Border Fee (defined below)) is appropriate, including, without limitation, where it deems reasonably necessary to comply with applicable law or a court order or to enforce these Terms of Service.
Bahdagang.com Guarantee is only offered to Buyers who have made payment through the channels provided by Bahdagang.com into Bahdagang.com Guarantee Account. Offline arrangements between Buyer and Seller will not be covered under Bahdagang.com Guarantee.
12.3 Payments made through Bahdagang.com channels will be held in the Bahdagang.com Guarantee Account for a specified period of time (the “Bahdagang.com Guarantee Period”). Buyer may apply for a one-time extension of Bahdagang.com Guarantee Period prior to the expiry of the applicable Bahdagang.com Guarantee Period, subject to and in accordance with the Refunds and Return Policy. Upon Buyer’s application, Bahdagang.com Guarantee Period may be extended for a maximum period of three (3) days unless Bahdagang.com in its sole discretion determines that a longer extension is appropriate or required.
12.4 If, for any reason, the Seller’s bank account cannot be credited and/or the Seller cannot be contacted, Bahdagang.com will use reasonable endeavours to contact the Seller using the contact details provided by him/her. In the event that the Seller cannot be contacted for more than twelve (12) months after the balance of the Buyer’s Purchase Monies becomes due to the Seller and such money remains unclaimed, we reserve our right to handle or process such money in accordance with the applicable law, including lodging such money with the Registrar in accordance with the requirements under the Brunei Unclaimed Moneys Act. In such instance, you may recover your unclaimed money directly from the Registrar less any fees or charges that may be imposed, with no further recourse to us.
12.5 Seller/Buyer must be the beneficial owner of the Account and conduct transaction on the Site only on behalf of him or herself. Bahdagang.com may require Seller or Buyer to provide his or her personal data such as recent identity photograph, bank account details and/or any other such documentation necessary, for verification purposes, including verification required by third party payment processing and logistic service providers. Seller/Buyer hereby grants Bahdagang.com his/her consent to use or provide to third party his/her personal data to facilitate his/her use of the Site. Further, Seller/Buyer authorises Bahdagang.com to use his/her personal data to make any inquires we consider necessary to validate his/her identity with the appropriate entity such as his/her bank. For more information in relation to how Bahdagang.com handles your personal information, please visit our Privacy Policy page.
12.6 The Bahdagang.com Guarantee is in addition and without limitation to Buyer’s and Seller’s obligations under applicable law, which may go above and beyond what is provided for by the Bahdagang.com Guarantee. The Bahdagang.com Guarantee is neither intended nor designed to assist Buyer or Seller in complying with its own legal obligations, for which each party will remain solely responsible, and Bahdagang.com accepts no liability in connection with the same. Without limitation, the Bahdagang.com Guarantee does not constitute a product warranty.
12.7 Buyer and Seller acknowledge and agree that Bahdagang.com’s decision (including any appeals) in respect of and relating to any issues concerning the Bahdagang.com Guarantee is final.
12.8 For the avoidance of doubt, any transactions not conducted on the Site will not qualify for the protection offered by Bahdagang.com Guarantee.
13. DELIVERY
13.1 If Seller informs Bahdagang.com that it will deliver the relevant purchased item(s), Seller shall arrange for the delivery of the purchased item(s) according to the information provided by Buyer. Bahdagang.com will inform Seller when Bahdagang.com receives Buyer’s Purchase Monies in order to arrange for the delivery of such purchased item(s). Unless otherwise agreed with Bahdagang.com, Seller should then make the necessary arrangements to have the purchased item delivered to Buyer and provide details such as the name of the delivery company, the tracking number, etc. to Buyer through the Site.
13.2 Seller must use his/her best effort to ensure that Buyer receives the purchased item(s) within, whichever applicable, the Bahdagang.com Guarantee Period or the time period specified (for offline payment) by Seller on Seller’s listing, and Seller shall be responsible for the delivery fee for any purchased items(s) (which Seller may charge from Buyer) and bears all risk attached to the delivery of the purchased item(s).
13.3 Users understand that Seller bears all risk attached to the delivery of the purchased item(s) and warrants that he/she has or will obtain adequate insurance coverage for the delivery of the purchased item(s). In the event where the purchased item(s) is damaged, lost or failure of delivery during the course of delivery, Users acknowledge and agree that Bahdagang.com will not be liable for any damage, expense, cost or fees resulted therefrom and Seller and/or Buyer will reach out to the logistic service provider to resolve such dispute.
13.4 For Cross-Border Transaction. Users understand and acknowledge that, where an item listing states that the item will ship from overseas, such item is being sold from a Seller based outside of Brunei, and the importation and exportation of such item is subject to local laws and regulations. Users should familiarise themselves with all import and export restrictions that apply to the designating country. Users acknowledge that Bahdagang.com cannot provide any legal advice in this regard and agree that Bahdagang.com shall not bear any risks or liabilities associated with the import and export of such items to Brunei.
13.5 Bahdagang.com also operates an online platform whereby Buyers may, amongst other things, contract with third party delivery partners (“Delivery Partners”) for the provision of delivery services of food and/or beverages in accordance with the Bahdagang.com Food Terms of Service. Such engagement of Delivery Partners shall be (i) subject to a separate contract between the Buyer and the relevant Delivery Partner (and Bahdagang.com shall not incur any liability in connection thereto); (ii) at the cost and expense of the relevant Buyer; and (iii) in accordance with the Bahdagang.com Food Terms of Service, Delivery Partners Terms of Service, and such other requirements (including requirements as to items which may not be delivered by Delivery Partners) as may be notified by Bahdagang.com from time to time.
13.6 Seller acknowledges and agrees that if the Buyer elects to engage a Delivery Partner to deliver a purchased item, the Seller shall make such purchased item available for pick-up by the Delivery Partner within such timelines and in accordance with such procedures as may be notified by Bahdagang.com from time to time. In the event of Seller’s non-compliance with the foregoing, Bahdagang.com may take such action or steps as it deems necessary at its sole discretion, including but not limited to, charging additional delivery fee to Seller, cancellation of the relevant order, issuance of warnings and/or suspension and/or termination of the Seller’s Account.
13.7 Where the Buyer elects to have a purchased item delivered by any other shipping method, the fee payable to the delivery company (“Shipping Fee”) shall be borne by the Buyer, Seller and Bahdagang.com in such proportions as may be determined by Bahdagang.com and published on the Site from time to time. Bahdagang.com shall (i) collect the Buyer’s proportion of the Shipping Fee from the Buyer, (ii) deduct the Seller’s proportion of the Shipping Fee from the Buyer’s Purchase Monies in accordance with Section 12.2, and (iii) pay the total Shipping Fee to the delivery company.
14. CANCELLATION, RETURN AND REFUND
14.1 Buyer may only cancel his/her order prior to the payment of Buyer’s Purchase Monies into Bahdagang.com Guarantee Account.
14.2 Buyer may apply for the return of the purchased item and refund prior to the expiry of Bahdagang.com Guarantee Period, if applicable, subject to and in accordance with Bahdagang.com’s Refunds and Return Policy. Please refer to Bahdagang.com’s Refunds and Return Policy for further information.
14.3 Bahdagang.com reserves the right to cancel any transaction on the Site and Buyer agrees that Buyer’s sole remedy will be to receive a refund of the Buyer’s Purchase Monies paid into Bahdagang.com Guarantee Account.
14.4 Bahdagang.com does not monitor the cancellation, return and refund process for offline payment.
15. SELLER’S RESPONSIBILITIES
15.1 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.
15.2 Seller shall also ensure that the Seller properly and correctly categorises each product that the Seller intends to list on the Site by following this guide found at the Seller Guidelines. Seller acknowledges and agrees that the guide may be updated from time to time by Bahdagang.com and the Seller agrees to follow any updated guide thereafter. Seller agrees that in the event a product is wrongly categorised, Bahdagang.com may take such actions as may be necessary as provided in this article in the Seller Guidelines. The article may be updated by Bahdagang.com from time to time. In the event of any dispute over the categorisation of products, the Seller agrees that Bahdagang.com has the final decision over the dispute.
15.3 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.
15.4 Seller agrees that Bahdagang.com may at its discretion engage in promotional activities 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.
15.5 For the purpose of promoting the sales of the items listed by Seller, Bahdagang.com 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 Bahdagang.com.
15.6 Seller shall issue receipts, credit card slips or tax invoices to Buyer on request.
15.7 Seller acknowledges and agrees that Seller will be responsible for paying all taxes, customs and duties for the item sold and Bahdagang.com cannot provide any legal or tax advice in this regard. As tax laws and regulations may change from time to time, Sellers are advised to seek professional advice if in doubt.
15.8 Seller acknowledges and agrees that Seller’s violation of any of Bahdagang.com’s policies will result in a range of actions as stated in Section 7.1.
16. PAID ADVERTISING
16.1 Bahdagang.com offers search advertising (“Search Ads”) and other advertising services, including participation in flash deals (“Flash Deal Advertising”), display ads (“Display Ads”), discovery ads (“Discovery Ads”) and boost ads (“Boost Ads”) (hereinafter referred to as “Paid Advertising”) on its Paid Advertising Site and other site/s on an ongoing basis. Sellers may purchase the Paid Advertising services. Bahdagang.com provides the Paid Advertising services in accordance with these Terms of Service and any explanatory materials published on this Site, the Paid Advertising Site or otherwise communicated to Sellers in writing (hereinafter referred to as the “Paid Advertising Rules”). Sellers who purchase Paid Advertising services agree to be bound by the Paid Advertising Rules. If you are not agreeable to being bound by the Paid Advertising Rules, do not buy any Paid Advertising Services.
16.2 In order to purchase Paid Advertising services, you must be an eligible Seller under the Paid Advertising Rules. At the time when you purchase and pay for the Paid Advertising Services, your Account must not be suspended.
16.3 You may order Display Ads and Flash Deal Advertising services through the Seller Centre by setting your preferred advertising dates and budget. Bahdagang.com shall use commercially reasonable efforts to fulfill your Display Ads order, but does not guarantee that the (i) dates requested by the Seller, and/or (ii) the number of impressions associated with the budget set by the Seller, will be fulfilled. For the avoidance of doubt, Bahdagang.com reserves the right to reject any Display Ads order (whether partially or in full) at its sole and absolute discretion, and with or without notification to the Seller. In addition, Bahdagang.com reserves the right to charge a fee in the event the Seller requests to edit or cancel its Display Ads order. After the Display Ads services have been delivered, Bahdagang.com shall invoice the Seller based on the number of actual impressions received, and Seller shall pay such invoice in accordance with the terms set out in the invoice. The billing information that the Seller provides will be used for invoice and tax invoice generation for Display Ads. The Seller is responsible for ensuring that the billing information is correct prior to submitting a Display Ads order. Any error in the billing information submitted which may result in wrong information in the invoice and tax invoice are the Seller’s responsibility. Bahdagang.com has the right to reject invoice revision requests due to wrong information being submitted by the Seller.
16.4 You may purchase Search Ads, Boost Ads and Discovery Ads services by purchasing advertising credits on the Paid Advertising Site or other site/s (“Advertising Credits”), and fees payable for the Search Ads and Discovery Ads services will be deducted from the Advertising Credits by Bahdagang.com. All Advertising Credits will be subject to goods and services tax and expire after (6) months of purchase, or such other time as determined by Bahdagang.com. Except as otherwise provided in the applicable Paid Advertising Rules, you may not cancel the order and/or request for a refund after you have purchased Advertising Credits and completed the payment process. Bahdagang.com will provide an electronic invoice for Paid Advertising services purchased on a monthly basis and Sellers are to ensure that a correct and working e-mail address is provided for receiving such invoices. The invoice will contain the name and address provided by you, the amount of Advertising Credits purchased and the remaining balance of your Advertising Credits as at the date of the invoice.
16.5 You may also choose to have your Advertising Credits automatically topped up via your Seller Balance or such other payment methods authorized by Bahdagang.com (“Advertising Credits Top Up Feature”) if your Advertising Credits balance falls below an amount set by you (“Advertising Credits Minimum Amount”). When activating the Advertising Credits Top Up Feature, you may choose the Advertising Credits Minimum Amount and the amount of top up, and you consent to the debit of your Seller Balance in accordance with Section 10 of these Terms of Service.
16.6 You have the option to purchase Search Ads, Discovery Ads and Boost Ads services at the time you list an item for sale or subsequently. When you purchase the Search Ads, you can set different budgets, keywords, marketing periods, etc. for each item in accordance with the Paid Advertising Rules. The Search Ads service for each item will be activated and will expire on the respective dates set by you (the “Paid Advertising Period”) Advertising Credits will not be refunded.
16.7 You have the option to purchase Flash Deal Advertising services during the periods nominated by Bahdagang.com. When you purchase Flash Deal Advertising services, you may nominate items to be included in a flash sale and Bahdagang.com may include such items in a flash sale at its sole and absolute discretion.
16.8 The goods you list on the Site must comply with all relevant laws and regulations, the Paid Advertising Rules, these Terms of Service and the Prohibited and Restricted Items Policy. You understand and agree that Bahdagang.com has the right to immediately remove any listing which violates any of the foregoing and any Paid Advertising fees that you have paid or Advertising Credits you have used in relation to any listing removed pursuant to this Section 19 will not be refunded. Bahdagang.com will also not be liable to compensate you for any loss whatsoever in relation to listings removed pursuant to this Section 19.
16.9 You understand and agree that Bahdagang.com does not warrant or guarantee any increase in viewership or sales of your items as a result of the Paid Advertising services.
16.10 You are advised to only purchase Paid Advertising services after fully considering your budget and intended advertising objectives. Except as otherwise provided in these Terms of Service or the Paid Advertising Rules, Bahdagang.com shall not be liable for any compensation or be subject to any liability (including but not limited to actual expenses and lost profits) for the results or intended results of any Paid Advertising service.
16.11 IF, NOTWITHSTANDING ANYTHING IN THESE TERMS OF SERVICE, BAHDAGANG.COM IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE) IN RELATION TO ANY PAID ADVERTISING SERVICE, THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITS LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE AMOUNT PAID BY YOU FOR THE PAID ADVERTISING SERVICE IN QUESTION ONLY.
17. TRANSACTION FEES & COMMISSION FEES
17.1 Bahdagang.com charges a fee for all successful transactions completed on the Site, including any other programme fees that may be charged by Bahdagang.com under any other programme (“Transaction Fee”). The Transaction Fee charged for a successful transaction completed on the Site is calculated at two percent (2%) of the Buyer’s Purchase Monies, rounded up to the nearest cent, in addition to any other programme fees (where applicable).
17.2 For Sellers located outside of Brunei, Bahdagang.com charges a fee for all successful transactions completed on the Site (“Cross Border Fee”). The Cross Border Fee is borne by the Seller, and is calculated according to the rates as notified to such Sellers from time to time on the Site. As for now Bahdagang.com is only accessible within Brunei Darussalam.
17.3 In addition to Transaction Fees, Bahdagang.com also charges a fee for all successful transactions completed by Sellers on the Site (“Bahdagang.com Commission Fee”). The Bahdagang.com Commission Fee is borne by the Seller, and is calculated by percentage based on the gross settlement price of the product (“Commission Rate”). The Commission Rate varies depending on the category of the product sold and are provided in this article found at the Seller Guidelines. Bahdagang.com may amend the Commission Rate from time to time by announcing the amendment in the Seller Guidelines.
17.4 The gross settlement price refers to the final product price after deducting seller vouchers and other seller promotions (e.g. seller free shipping, seller discounts, buyer-paid shipping fee). For the avoidance of doubt, the gross settlement price shall not be affected by Bahdagang.com vouchers, Bahdagang.com coins, Bahdagang.com rebates. For more details, please refer to this article found at the Seller Guidelines.
17.5 The Bahdagang.com Commission Fee provided in this Terms of Service does not apply to non-Mall Sellers. For Mall Sellers, the rates provided in the Bahdagang.com Mall Terms of Service shall continue to apply to the Mall Sellers.
17.6 The Transaction Fee and the Bahdagang.com Commission Fee is subject to Tax regulation (“Tax Amount”), and the Seller is responsible for such Tax Amount.
17.7 Following the successful completion of a transaction, Bahdagang.com shall deduct the Transaction Fee, Bahdagang.com Commission Fee and the Tax Amount, and the Cross Border Fee (as applicable) from the Buyer’s Purchase Monies, and remit the balance to the Seller in accordance with Section 12.2. Bahdagang.com shall issue receipts or tax invoices for the Transaction Fee, Bahdagang.com Commission Fee and Tax Amount paid by Seller on request.
18. OTHER PROGRAMMES AND SERVICES
18.1 You agree that if you are whitelisted by Bahdagang.com to be eligible for any other programmes or services offered by Bahdagang.com, you are deemed to have agreed to the terms of service governing such programmes or services, and your continued participation in such programmes or services shall constitute your acceptance of the terms of service therein. You may notify us if you do not wish to participate in such programmes or services.
19. DISPUTES
19.1 In the event a problem arises in a transaction, the Buyer and Seller agree to communicate with each other first to attempt to resolve such dispute by mutual discussions, which Bahdagang.com shall use reasonable commercial efforts to facilitate. If the matter cannot be resolved by mutual discussions, Users may approach the claims tribunal of their local jurisdiction to resolve any dispute arising from a transaction.
19.2 Each Buyer and Seller covenants and agrees that it will not bring suit or otherwise assert any claim against Bahdagang.com (except where Bahdagang.com is the Seller of the product that the claim relates to) in relation to any transaction made on the Site or any dispute related to such transaction.
19.3 Users covered under Bahdagang.com Guarantee may send written request to Bahdagang.com to assist them in resolving issues which may arise from a transaction upon request. Bahdagang.com may, at its sole discretion and with absolutely no liability to Seller and Buyer, take all necessary steps to assist Users in resolving their dispute. For more information, please refer to Bahdagang.com’s Refunds and Return Policy.
19.4 To be clear, the services provided under this Section 19 are only available to Buyers covered under Bahdagang.com Guarantee. Buyer using other payment means for his/her purchase should contact Seller directly.
20. FEEDBACK
20.1 Bahdagang.com welcomes information and feedback from our Users which will enable Bahdagang.com to improve the quality of service provided. Please refer to our feedback procedure below for further information:
(i) Feedback may be made in writing through email to or using the feedback form found on the App.
(ii) Anonymous feedback will not be accepted.
(iii) Users affected by the feedback should be fully informed of all facts and given the opportunity to put forward their case.
(iv) Vague and defamatory feedback will not be entertained.
21. DISCLAIMERS
21.1 THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY BAHDAGANG.COM 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, BAHDAGANG.COM 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.
21.2 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.
21.3 BAHDAGANG.COM 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 BAHDAGANG.COM FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SUCH DISPUTE.
22. EXCLUSIONS AND LIMITATIONS OF LIABILITY
22.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BAHDAGANG.COM 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:
(i) (A) LOSS OF USE; (B) LOSS OF PROFITS; (C) LOSS OF REVENUES; (D) LOSS OF DATA; (E) LOSS OF GOOD WILL; OR (F) FAILURE TO REALISE ANTICIPATED SAVINGS, IN EACH CASE WHETHER DIRECT OR INDIRECT; OR
(ii) 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 BAHDAGANG.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
22.2 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.
22.3 IF, NOTWITHSTANDING THE PREVIOUS SECTIONS, BAHDAGANG.COM 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 THE LESSER OF: (A) ANY AMOUNTS DUE AND PAYABLE TO YOU PURSUANT TO THE BAHDAGANG.COM GUARANTEE; AND (B) B$ 100 (ONE HUNDRED BRUNEI DOLLAR).
22.4 NOTHING IN THESE TERMS OF SERVICE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY BAHDAGANG.COM’S NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER LIABILITY ON THE PART OF BAHDAGANG.COM THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED.
23. LINKS TO THIRD PARTY SITES AND SHARING VIDEOS FROM YOUTUBE
23.1 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 Bahdagang.com in any manner whatsoever and you therefore access them at your own risk. Bahdagang.com 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. Bahdagang.com 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 Bahdagang.com of any linked site and/or any of its content therein.
23.2 Bahdagang.com allows you to share videos from YouTube on the Bahdagang.com Livestream feature (“YouTube Content”). By sharing YouTube Content, you hereby agree to be bound by the YouTube Terms of Service (https://www.youtube.com/t/terms).
24. YOUR CONTRIBUTIONS TO THE SERVICES
24.1 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 Bahdagang.com. 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 Bahdagang.com 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.
24.2 Any Content, material, information or idea you post on or through the Services, or otherwise transmit to Bahdagang.com by any means (each, a “Submission”), is not considered confidential by Bahdagang.com and may be disseminated or used by Bahdagang.com 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 Bahdagang.com, you acknowledge and agree that Bahdagang.com 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 Bahdagang.com 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.
25. THIRD PARTY CONTRIBUTIONS TO THE SERVICES AND EXTERNAL LINKS
25.1 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, Bahdagang.com 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 Bahdagang.com responsible for any User’s actions or inactions, including, without limitation, things they post or otherwise make available via the Services.
25.2 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 Bahdagang.com. 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. Bahdagang.com 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 Bahdagang.com 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 Bahdagang.com may disable your use of, or remove, any third party links, or applications on the Services to the extent they violate these Terms of Service.
26. YOUR REPRESENTATIONS AND WARRANTIES
26.1 You represent and warrant that:
(a) 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 of Service and to comply with its terms; and
(b) you will use the Services for lawful purposes only and in accordance with these Terms of Service and all applicable laws, rules, codes, directives, guidelines, policies and regulations.
27. FRAUDULENT OR SUSPICIOUS ACTIVITY
27.1 If Bahdagang.com, in its sole discretion, believes that you may have engaged in any potentially fraudulent or suspicious activity and/or transactions, we may take various actions to protect Bahdagang.com, other Buyers or Sellers, other third parties or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
(a) We may close, suspend, or limit your access to your Account or the Services, and/or suspend the processing of any transaction;
(b) We may suspend your eligibility for Bahdagang.com Guarantee;
(c) We may hold, apply or transfer the funds in your Account as required by judgments and orders which affect you or your Account, including judgments and orders issued by a competent court or elsewhere and directed to Bahdagang.com;
(d) We may refuse to provide the Services to you now and in the future;
(e) We may hold your funds for a period of time reasonably needed to protect against the risk of liability to Bahdagang.com or a third party, or if we believe that you may be engaging in potentially fraudulent or suspicious activity and/or transactions.
For the purposes of this Section:
“Chargeback” means a request that a Buyer files directly with his or her debit or credit card company or debit or credit card issuing bank to invalidate a payment.
“Claim” means a challenge to a payment that a Buyer or Seller files directly with Bahdagang.com.
“Reversal” means the reversal of a payment by Bahdagang.com because (a) it is invalidated by the sender’s bank, (b) it was sent to you in error by Bahdagang.com, (c) the sender of the payment did not have authorization to send the payment (for example: the sender used a stolen credit card), (d) you received the payment for activities that violated these Terms of Service or any other Bahdagang.com policy, or (e) Bahdagang.com decided a Claim against you.
28. INDEMNITY
28.1 You agree to indemnify, defend and hold harmless Bahdagang.com, 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, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to: (a) any transaction made on the Site, or any dispute in relation to such transaction (except where Bahdagang.com is the Seller in the transaction that the dispute relates to), (b) the Bahdagang.com Guarantee, (c) the hosting, operation, management and/or administration of the Services by or on behalf of Bahdagang.com, (d) your violation or breach of any term of these Terms of Service or any policy or guidelines referenced herein, (e) your use or misuse of the Services, (f) your breach of any law or any rights of a third party, or (g) any Content uploaded by you.
29. SEVERABILITY
29.1 If any provision of these Terms of Service 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.
30. GOVERNING LAW
30.1 These Terms of Service shall be governed by and construed in accordance with the laws of Brunei without regard to its conflict of law rules.
31. GENERAL PROVISIONS
31.1 Bahdagang.com reserves all rights not expressly granted herein.
31.2 Bahdagang.com may modify these Terms of Service at any time by posting the revised Terms of Service on this Site. Your continued use of this Site and/or receipt of any Services (including, for the avoidance of doubt, the continued provision of an Account to you by Bahdagang.com) after such changes have been posted shall constitute your acceptance of such revised Terms of Service.
31.3 You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.
31.4 Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and Bahdagang.com, nor does it authorize you to incur any costs or liabilities on Bahdagang.com’s behalf.
31.5 The failure of Bahdagang.com 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.
31.6 These Terms of Service are solely for your and our benefit and are not for the benefit of any other person or entity, except for Bahdagang.com’s affiliates and subsidiaries (and each of Bahdagang.com’s and its affiliates’ and subsidiaries’ respective successors and assigns).
31.7 The terms set forth in these Terms of Service and any agreements and policies included or referred to in these Terms of Service 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 of Service, 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 of Service. 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 of Service may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.
31.8 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, the Singapore Prevention of Corruption Act and the 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.
31.9 If you have any questions or concerns about these Terms of Service or any issues raised in these Terms of Service or on the Site, please contact us at: admin@bahdagang.com.
LEGAL NOTICES: Please send all legal notices to admin@bahdagang.com and Attention it to the “General Counsel”.
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 OR ‘CONNECT WITH GOOGLE’ BUTTON DURING REGISTRATION, 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.