Term & Conditions
Welcome to Rumah Buah, Brunei’s online trading community. These terms and conditions are intended to assist keep Rumah Buah a safe place to trade.
- Acceptance of terms and conditions: The terms and conditions are the terms on which Rumah Buah Company offers you access to the Services and the Website. By registering as a member of Rumah Buah you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Services.
- Amendment of terms and conditions: These terms and conditions may be amended in whole or in part by Rumah Buah from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this Website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the Services represents your agreement to be bound by the terms and conditions as amended.
- These terms and conditions were created on 11 November 2010.
Terminology: In these terms and conditions, the following expressions have the meanings set out:
- ‘item’, ‘items’ means goods or property that may be bought or sold through the auction or classified process;
- ‘member’ means a registered member of Rumah Buah;
- ‘Services’ means any one or more of the services offered by Rumah Buah Limited from time to time, including online auctions, classifieds, feedback, ratings, message boards, sms alerts and any other service that Rumah Buah may offer;
- ‘we’, ‘us’ and ‘our’ are a reference to Rumah Buah Company;
- ‘you’ and ‘your’ are a reference to you;
- ‘Website’ means any Rumah Buah website through which the services are offered;
- ‘listing’ means a listing on the Website through which you offer, negotiate, buy, sell or advertise any item or job, whether by auction or classified;
- ‘seller’ includes any person placing a listing.
- The services: Rumah Buah provides a venue to introduce members who want to buy and sell items. Rumah Buah does not take any part in the sale of items other than by providing our Website as a venue for members. If a bid is accepted by a seller, a contract of sale will be formed between the buyer and the seller directly. We do not act as agent for either party and do not participate in any sale or transaction between you and other members.
- At your own risk: Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that Rumah Buah takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretences or who attempt to defraud you. Rumah Buah gives no undertakings, representations, or warranties in relation to items sold or listed on the Website, including:
- about ownership of any item;
- as to the content, safety, description, worthiness, quality, or legality of the items that are listed on the Website;
- as to the accuracy or truth of listings;
- that any item will meet your requirements or expectations; or
- about the ability of members to complete a transaction, including credit card transactions.
Disclaimer: You expressly understand and agree that:
- your use of the services is at your sole risk. The Website and services are provided on an “as is” and “as available” basis. To the maximum extent permitted by law and without limiting clause 2.2, Rumah Buah disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;
- Rumah Buah does not warrant that i) the services provided will be uninterrupted, timely, secure, or error free, or ii) that any information (including feedback) provided on the Website is error-free or reliable;
- no advice or information that is obtained by you from Rumah Buah or anyone else shall create any warranty by Rumah Buah that is not expressly stated in the terms and conditions; and
- responsibility for the content of advertisements appearing on this Website (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements on the Website does not constitute Rumah Buah’s recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
- Rumah Buah is not responsible for protecting members from credit card fraud.
Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Rumah Buah to you or any other person under or in connection with these terms and conditions, or in connection with the services, this Website, another Member’s acts or omissions, or your use of or inability to use, the services or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Rumah Buah’s liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
Indemnity: You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete a transaction, your use of Rumah Buah’s message boards, your sale or attempted sale of an item prohibited under clause 4.2(d), or arising out of any content or item you submit, post, transmit, or make available through the Services.
Breach: Without limiting any other rights and remedies available to Rumah Buah, Rumah Buah may limit your activities on the Website, remove your bids or listings, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our Services to you if you breach these terms and conditions or where Rumah Buah considers it appropriate.
Additional rules: In addition to the terms and conditions set out in this document, the Banned and Restricted Items list, Listing Policies and Job Listing Policies form part of these terms and conditions.
BECOMING A MEMBER
- Becoming a Member: Becoming a member is free. You may only register as a member if you are resident in Brunei and can form a legally binding contract that is enforceable against you. For example, you must be of legal age in Negara Brunei Darussalam to use any of our services (or have legal consent by your legal parents or guardians). By registering as a member, you warrant that you can form a legally binding contract.
- Accurate Information: You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by Rumah Buah to ensure it is kept current at all times. Rumah Buah may phone or mail you to verify these details. You must not register as a member under multiple identities or personas (whether false or not). However, at Rumah Buah’s discretion, you may create a business membership in addition to your personal membership.
- Termination of membership: Rumah Buah reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, Rumah Buah may terminate your membership if a serious complaint or multiple complaints are received about you from other members, if you breach these terms and conditions, if you impersonate another member, or if we, at our sole discretion, deem your behaviour to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled.
- Security of your login information: You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:
You agree that Rumah Buah may use this personal information to assist us to provide the Services to you, for internal research purposes, to verify your identity, for promoting and marketing other rumah Buah products and Services to you, and for any other use that you authorise. You agree to your membership’s trading history being published in your feedback.
We will not sell or allow third parties to access your personal information without your consent. However, any of your ratings, review, or votes will be forwarded to our advertisers for promoting, marketing and research purposes without prior notice and/or consent.
We release account and other personal information only when we believe release is appropriate to comply with law; facilitate court proceedings; enforce or apply our terms and conditions; or protect the rights, property, or safety of Rumah Buah Limited, our users, or others. Government agencies with statutory roles enabling them to request information from us include but are not restricted to the Police, Inland Revenue Department and Ministry Of Economic Development. You may contact Rumah Buah to ask whether information has been provided to government agencies.
If you intend to take Disputes Tribunal proceedings against another member and you require that member’s contact details in order to take such proceedings, Rumah Buah will release those details to you if you make a Statutory Declaration stating that you require that member’s contact details for the sole purpose of taking Disputes Tribunal proceedings. You may obtain a Statutory Declaration for this purpose by contacting Rumah Buah or the Disputes Tribunal.