Terms & Conditions
GIVIST Paper and Printing - Terms and Conditions of GIVIST (givist.co.id) online business.
This page explains the Terms and Conditions which governs the purchasing of items and the use of services offered by GIVIST website (givist.co.id). It is your responsibility to carefully read the Terms and Conditions before using the website as it influences the rights and obligations of the Buyers legally.
By registering and using GIVIST website (givist.co.id), you are deemed to have read, understood, agreed and accepted to the Privacy Policy, and Terms and Conditions stated in this page. These Terms and Conditions constitute an agreement which is set forth in a legally binding manner between you (the Buyers of this website) and us (givist.co.id). If you do not agree with a part or any section, or all of the Terms and Conditions stated in this page, you are not allowed to use givist.co.id.
Please note that givist.co.id has the right to modify the Terms and Conditions contained in this page and it is your responsibility to review them regularly.
1. Definitions
“Seller” means GIVIST Paper and Printing, an online printing store that operates at givist.co.id and supported by PT. Sinar Kreasi Bangsa.
“Buyer” means the party who uses GIVIST services at givist.co.id, including but not limited to buyer whose name is printed on the Order, make confirmations to the Order, make payment to the Order, or other parties who visit givist.co.id.
“Contract” means the agreement between both the Buyer and the Seller to provide Goods and/or services to the Buyer, in accordance to the Buyer’s Order and Order Confirmation made by the Seller, including any Special Conditions.
“Order” means the Buyer’s order(s) for Goods or services.
“Order Confirmation” means the Seller’s written Confirmation pursuant to Condition 3(c).
“Content” means the contents the Buyer uploads, posts, submits or displays on the website including but not limited to files to be printed as submitted in the Order, reviews or comments, and all forms of materials made available in the website.
“Terms and Conditions” means the agreement between the Buyer and GIVIST which encompasses rules governing the rights, responsibilities and obligations of the Buyer and GIVIST.
“Price” means the price together with postage and packing in force at the date and time of the Order, subject to any promotional offer or discount then applicable.
“Goods” means the goods and/or services which the Seller is to sell in accordance with these Terms and Conditions
“Defective” means containing defect, fault or imperfection.
“Special Condition” means any conditions in relation to orders set out and designated as such in the Order Confirmation.
“Writing” includes, other than for the purpose of Condition 10, email clearly bearing the names of the sender and the recipient and writing on the screen of a visual display unit or other similar device.
2. GIVIST Account
To register and possess one or more GIVIST account(s), the Buyer represents and acknowledges that the Buyer is at least 13 years of age who can form legally binding contracts under applicable law. If the Buyer is under the age of 13, the Buyer should have a parent or guardian permission to use the website and register a GIVIST account. Should the Buyer fail to meet the stated requirements, the Buyer is not permitted to use the website by any means.
The Buyer guarantees that the information provided to the Seller is accurate and individually owned by the Buyer. Purposely, accidentally or negligently falsifying documents or contact information (e.g., name, telephone or cell phone number, home address, mail or delivery address) is not permitted. Users are also not permitted to use fax or disconnected numbers as a telephone number.
The Buyer is not permitted to use any misleading words to describe his/her/their GIVIST account, including but not limited to words that are considered inappropriate, unlawful, harmful, or otherwise has the possibility to cause liability or losses.
The Buyer is entirely responsible for all actions and activities that occur under the Buyer’s account.
It is the Buyer’s responsibility to maintain the security of the GIVIST account(s) while agreeing to keep the username and password of the account confidential.
The Buyer agrees, acknowledges and fully understands that the Buyer obeys all applicable international, federal, state, and local laws.
We will not be liable for the Buyer’s losses or any other damages incurred as a result of the Buyer’s unauthorised use of his/her/their GIVIST account.
The Seller reserves the right to remove the Buyer’s account with or without prior notice if the Buyer does not meet the above conditions or suspected of unauthorised or prohibited actions.
3. Sales and Orders
All Goods are offered for sale subject to availability and subject to the Seller’s acceptance of the Order.
The Seller has the right to reject any Order placed by the Buyer.
No Order shall be deemed accepted by the Seller unless and until it is confirmed unconditionally by the Seller in the Order Confirmation.
4. Your Content
a. The Buyer is entirely responsible for his/her/their Content.
b. The Buyer is fully liable and responsible for any losses which result from the Content he/she/they orders to be printed and all forms of material made available on the website, including but not limited to data, information, texts, documents, confidential documents, audio files, video files, photos, images, profile image, applications, links and any other forms of material.
c. By having your content available on the website, you warrant that:
The Content does not contain any viruses, bugs, malware, bots, or any other harmful and damaging contents.
The Content is free from any unauthorised use of materials.
The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret rights, or other intellectual property rights of any third party.
If your employer has rights to intellectual property or proprietary you made, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content.
The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing).
The Content does not contain any pornographic elements, threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party.
Your GIVIST account is not named in a manner that misleads other Buyers, readers, or audiences into thinking that you are another person, company, or any other member of an organisation.
d. The Seller reserves the right, but has no obligation, to remove, edit, evaluate, or monitor the Content or the Buyer’s account(s) that has ownership to the Content that, in our sole discretion, are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
e. The Buyer is solely responsible for the accuracy of any Contents made in all forms of materials available on the website (including comments, reviews or feedbacks). The Seller cannot be held responsible or liable for the Contents uploaded, posted, submitted, or displayed by you, the Buyer, or any third party.
5. Payment and Currency
The total price of the Order is exclusive of taxes, import fees and any other relevant charges depending on the policies of the designated country in addition to the cost of package handling fees.
The Seller only accepts payment in Indonesian Rupiah, which means that all payments made by the Buyer are in, and converted to, Indonesian Rupiah.
Payment must be made by credit card or debit card or by PayPal at the time of placing an Order which is accepted by the Seller. Payment in full will be taken at this time and the Contract will be in force.
The Buyer undertakes that all details provided to the Seller for the purpose of the Order and its delivery will be correct and that the chosen method of payment is the property of the Seller and that sufficient funds or credit facilities are available to cover the full cost of the Goods ordered. The Seller reserves the right to obtain validation of the Seller’s credit card, debit card or PayPal details before accepting the Buyer’s Order.
6. Delivery
The place for delivery of the Goods will be as shown on the Order and the normal method of delivery (unless specifically agreed otherwise) shall be regular postage.
The Seller will use reasonable endeavours to process the Order and manufacture the Goods within the time period stated for each item. Any dates quoted for delivery of the Goods are indicative only.
The manufacturing time varies depending on the item of Goods and it is the policy of the Seller to combine items of the same Order into separate shipping packages.
Time and dates of delivery shall not be of the essence of the Contract and the Seller will not be liable for any loss, expenses, damage or claim whatsoever and howsoever arising, resulting from any delay in delivery regardless of how the delay is caused.
The Buyer must inspect the Goods on delivery and, in the case where Goods have been delivered by carrier, sign the required proof of delivery document or collection acceptance document. A signature on that document will constitute conclusive evidence against the Buyer of receipt of the quantity of Goods indicated on that document free from any apparent defect or damage. If the Goods are alleged to be damaged or defective on delivery, a description of the alleged damage or defect must be given in Writing at the time of delivery and signed by or on behalf of the Buyer.
The Seller reserves the right to make delivery of the Goods by instalments. If the Goods are to be delivered in instalments, each delivery will constitute a separate contract. The Buyer may not treat the Contract (as a whole) as repudiated if the Seller fails to deliver any one or more of the instalments or if the Buyer has a claim in respect of any one or more of the instalments.
If the Buyer wrongfully fails to take delivery of the Goods, the Seller shall be under no obligation to refund the Price.
Goods may not be returned to the Seller except as provided in Condition 8 below.
7. Risk and Property
Risk of damage to or loss of the Goods will pass to the Buyer upon delivery to our chosen carrier. Property in the Goods will not pass from the Seller until the Seller has received full payment of the Price and all other sums which are due, owing or payable by the Buyer to the Seller in respect of the Contract or any other Contract between the Seller and the Buyer.
8. Refunds, Returns and rights of Cancellation
The Buyer shall have the right to cancel any Order for Goods only in the following circumstances: if the Seller has failed to deliver the Goods ordered within 30 days after the date of the Order; in the case of Defective Goods at the earliest opportunity after the Buyer has discovered the fault or defect (provided that the Buyer shall be deemed to have inspected the Goods as soon as reasonably practicable after delivery and in no case longer than 3 business days after receipt).
Notice of the wish to cancel must be made by email to the email address of givist.co.id shown below.
For the avoidance of doubt, save in respect of defect or defective goods, nothing in these Terms and Conditions shall give to the Buyer rights of cancellation in regard to the Goods which, by their nature have been made to the Buyer's specifications or are clearly personalized.
In the case of cancellation under condition above, the Seller shall be responsible for all sums paid (including initial and re-delivery charges (if any) in respect of the Goods in question.
All items of Goods which are returned by the Buyer to the Seller must be returned in their original packaging (which the Buyer should retain for the purpose) and must be in an unused condition.
The Seller has the right to deny refund in unreasonable and inappropriate circumstances, especially when the main causes are not relatable to the Seller.
9. Limitation of Liability
The Seller will not be liable for short delivery or Defective Goods unless a claim is notified to the Seller in Writing in accordance with Condition 8(a) or, where upon reasonable inspection of the Goods, the Buyer should have become aware of such defect. The notification must include the Order confirmation number and details of the claim (including shipping and billing address). In the case of a valid claim, the Seller may, in its sole discretion, replace the Goods (or the part in question) or refund to the Buyer the Price (or an appropriate proportion of the Price). The Seller will have no further liability to the Buyer in respect of the matters referred to in this Condition 9(a).
The Seller will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under this Contract by reason of any event or circumstance outside the reasonable control of the Seller, including (but not limited to), any strikes, industrial action, failure of power supplies or equipment, government action or Act of God.
The liability of the Seller, its agents, employees, subcontractors and suppliers with respect to any and all claims arising out of the performance or non-performance of the Seller's obligations in connection with the use of the information provided under the Contract, or the rendition of services hereunder, whether based on contract, negligence, strict liability or otherwise, shall not exceed, in the aggregate, the net purchase price (excluding taxes and freight) for such products or services. In no event shall the liability include damages for loss of profits or revenue; increased cost of purchasing or providing materials, supplies or services; cost of replacement capital; claims of purchaser’ s customers; inventory or use charges; or incidental or consequential damages of any nature.
This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this Contract. It is up to the Buyer to take precautions to ensure that whatever computer equipment and/or software selected for use is free of such items as viruses, worms, bots, Trojan horses and other items of a destructive nature. In no event will the Seller be liable to the Buyer or any other party associated with the Buyer from any direct, indirect, special or other consequential damages for any use of the givist.co.id website, or any other hyper linked website, including without limitation, any lost profits, business interruption, loss of programs or other data on the Buyer’ s information handling system or otherwise, even if the Seller has been expressly advised of the possibility of such damages.
The Buyer understands that when using givist.co.id, you will be exposed to content from internet sites or sources outside the website, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent or objectionable, and you agree to waive any legal or equitable rights or remedies you have or may have against us with respect to the aforesaid, and, to the fullest extent permitted under the applicable law, agree to indemnify and hold harmless the company (GIVIST), our contractors, licensors and licensees, and our/their respective directors, officers, members, employees and agents to the fullest extent allowed by law regarding all matters relating to your use of givist.co.id. Further, if we are in breach of these Terms and Conditions, we will only be responsible for any loss that you suffer as a result to the extent they are a foreseeable consequence to both you and us at the time you use the website. Our liability shall not in any event include business losses such as lost data, lost profits or business interruption, but shall not limit or affect our liability resulting from any products sold through the website being found to be unsafe or if something we do negligently causes death or personal injury.
In no event will any third party marketing partner or affiliate (e.g. Facebook) have any liability whatsoever to Buyer in connection with the services provided through the givist.co.id website. Seller hereby disclaims any and all such liability on behalf of such partners and affiliates.
10. Intellectual Property
This website is owned by the Seller and operated by givist.co.id. Unless otherwise noted in this website, givist.co.id is granted the license or owns the copyright with respect to all content on the website. Content includes: text, graphics, logos, audio clips, trademarks, software server information, and anything else hosted on this website. All rights to content, services, and server information are reserved. Any modification made to the content of this website by a third party is a violation of givist.co.id' s copyright. Additionally, the givist.co.id website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the website or any information displayed on the website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with the prior written permission of givist.co.id or the prior written permission from such third party that may own the trademark or copyright of information displayed on the website.
The GIVIST (givist.co.id) logo, name, and other marks indicated on the website are the subject of applications for trademarks or registered trademarks of the Seller or licensors including graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of givist.co.id. givist.co.id’s trademarks and trade dress may not be used in connection with any product or service that is not givist.co.id’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits givist.co.id. All other trademarks not owned by givist.co.id that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by givist.co.id.
The Buyer agrees that as an express condition of the holding of an account with the Seller, the Buyer shall not use the service offered by the Seller to infringe the intellectual property rights of others in any way. The Seller reserves the right, with or without notice, to terminate forthwith the account of any Buyer who infringes (or who is alleged to have infringed) the copyrights or other intellectual property rights of any third party and to remove all such infringing (or allegedly infringing) material from the website.
The Content displayed on the website (givist.co.id) is protected by copyright, trademark, patent, database and other intellectual property rights, which is either owned by or licensed to us. We hereby grant you a limited, revocable, non-assignable, non-transferrable, non-sublicensable, non-exclusive license to reproduce and display the Content solely for viewing and using givist.co.id. You are not permitted to copy, reproduce, publish, transmit, display, license, sell, or otherwise exploit any of the Content for personal gain or to the advantage of any third party without written permission from the Seller or the owner of the intellectual property rights.
11. Colour Disclaimer
The Seller has a policy of continuous product development and reserves the right to amend the specifications of any of the Goods without prior notice. Goods supplied may, therefore, differ as a consequence of multi-standard colour systems, notably the international screen based colour system of RGB and the print colour system of CMYK.
The Seller endeavours to display and describe as accurately as possible the printed colours of the Goods which appear on website, but cannot undertake to give any assurance that the colours of Goods supplied will exactly match those displayed on the Buyer’s monitor. In other words, the colour of the CMYK printed item will look different to the colour you see on your RGB screen.
There are multiple factors that influence the colour, consistency and final result of the Goods, including but not limited to the machine type, machine setting, the room humidity, the cleanliness of the machine, machine calibration, the inks used, the material density, the material texture, the finishing, or other relevant factors. The Seller does not undertake to give any insurance that Goods supplied have a perfect or 100% colour consistency, matching colour consistency of Order(s) of Goods placed previously, currently and later in the future, or match the colour of the Buyer’s RGB monitor screen with the colour of the printed Goods.
12. Warranty Disclaimer
The website (givist.co.id) is provided “as is”. We, our suppliers, licensors and licensees hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of any intellectual property rights, other proprietary rights or statutory requirements. Neither we nor our suppliers, licensors or licensees make any warranty that the givist.co.id will be error free or that access thereto will be continuous or uninterrupted. You will download from, or otherwise obtain content or services through, givist.co.id at your own discretion and risk.
We cannot guarantee that material or Content on the website is available or appropriate for use in locations outside Indonesia. The Buyer is solely and entirely responsible for access to givist.co.id where its material or Content is prohibited or deemed illegal by your local law.
givist.co.id may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on givist.co.id is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
13. General and Miscellaneous
a. Website Availability
Because public networks, such as the internet, occasionally experience disruptions, the Seller cannot guarantee the givist.co.id website will be available 100% of the time. Although the Seller strives to provide the most reliable website possible, interruptions and delays in accessing the website are unavoidable and the Seller disclaims any liability for damages resulting from such problems.
b. Typographical Errors
Information on givist.co.id website may contain technical inaccuracies or typographical errors. The Seller attempts to make its descriptions as accurate as possible, but does not warrant that the content of the website (givist.co.id) is accurate, complete, reliable, current, or error-free.
c. Licence
The Seller grants to the Buyer a personal, non-exclusive, and non-transferable right to access and use the content on the givist.co.id website. All use must be in accordance with all givist.co.id stated policies, including those in the givist.co.id Privacy Policy.
d. Off-Site Links
A link to a non-givist.co.id website does not mean that the Seller endorses or accepts any responsibility for the content or the use of such website. It is up to the Buyer to take precautions to ensure that whatever it selects for its use is free of such items as viruses, worms, bots, Trojan horses and other items of a destructive nature.
e. Headings
All Conditions and section headings are for convenience of reference only and shall not affect the interpretation of the Contract.
f. User Suspension and/or Termination
The Seller, in its sole discretion, may terminate the Buyer' s user registration for violating givist.co.id Policies. The Buyer agrees that breach of any of the terms in the Contract may also result in the immediate termination of the Buyers user registration and/or give rise to civil action against the Buyer.
g. Seller's Right of Removal of Materials
The Seller reserves the right at any time with or without the Buyer' s prior consent and without liability to the Buyer in that regard to delete from the givist.co.id website all personal information, data, text, files, images and all other materials of the Buyer and to prevent the Buyer from obtaining access to any such data. In particular, it is the absolute policy of the Seller to reject any materials which, at the Seller's sole discretion, it considers to be obscene, in bad taste or in any other way inappropriate (whether or not to print such materials would be illegal or unlawful).
h. Buyer Indemnification of givist.co.id
The Buyer agrees to indemnify the Seller and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from the Buyer' s submissions to the givist.co.id website, and/or from the Buyer' s unauthorised use of material obtained through the givist.co.id website, and/or from the Buyer's breach of the Contract, or from any other loss or damage of whatever kind suffered by the Seller caused by the Buyer's use of the givist.co.id website.
i. Seller's Right of Change and Amendment
The Seller reserves the right to make changes from time to time to the nature of and/or the way in which it provides it services under contracts with Buyers and, in consequence, to make variations and amendments to these Conditions and to its Policies. Buyers who use the Seller's services on a regular basis should check the relevant links regularly before placing Orders.
j. No Partnership
You and us shall be, and act independently, and not as partner, joint venturer, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of the company or givist.co.id, express or implied, and you shall not attempt to bind us to any contract.
k. Miscellaneous
The Agreement, including these Terms and Conditions, shall constitute the entire agreement between you and us concerning the subject matter hereof, and may only be modified by a written amendment signed by an authorised executive of the Company, or by the posting on the Website of a revised version. Except to the extent the applicable law, if any, provides otherwise, the Agreement, any access to or use of givist.co.id will be governed by the laws of Indonesia, and the parties agree to submit to the non-exclusive jurisdiction of the Indonesian courts. If any part of the Agreement is held invalid or unenforceable, it will be severed and the remaining portions will remain in full force and effect. A waiver by either party of any of these Terms or Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by the Agreement. We may assign our rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.