Terms and conditions
Welcome to Listoria !
The Terms and Conditions stated on this page will apply bindingly to Sellers, Buyers and prospective Sellers (hereinafter referred to as "Users") to further comply with all Terms and Conditions set by Listoria .
Please read all the Terms & Conditions listed below carefully before using the Listoria Service because it will impact the User's rights and obligations under the applicable Law of the Federal Republic of Germany.
That by using the Listoria Service, the User is deemed to have accepted, approved and agreed to comply with all contents in the Terms and Conditions below. That if the User does not agree to one, part, or all of the contents of these Listoria Terms and Conditions, then the User is not permitted to use the Listoria .
That the Terms & Conditions below constitute a BINDING AGREEMENT (hereinafter referred to as the "Agreement") between the User and PT. Listoria (hereinafter also referred to as "We" and "Listoria " as the service provider, which regulates the user's Terms and Conditions). Users declare that they knowingly, in good faith and voluntarily agree to these Terms and Conditions to use the Listoria Service.
1. DEFINITION
- PT. Listoria , hereinafter also referred to as "We", is a Limited Liability Company established based on the applicable Law of the Federal Republic of Germany and legally domiciled on the 5th Floor of the Alamanda Office, Jalan Bypass Ngurah Rai No 67, Banjar Kerthayasa, Kedonganan Village/District, Kuta District, Badung Regency, Bali Province. PT. Listoria runs and operates Listoria with the site https://www.listoria.com. That Listoria has the main business of running online classified ads (classified ads) which in this case acts as an intermediary service by using a user generated content system to bring together buyers and sellers online ("Service") on the Listoria website. Every reference made to Listoria in these General Terms and Conditions, if relevant, is to its affiliates (companies based on joint control and ownership), some or all of its employees and agents, including directors and commissioners and all parts of the Company.
- Terms and Conditions are an Agreement between Users and Listoria including a set of rules governing the rights, obligations, responsibilities and procedures for using Listoria services.
- Seller (User) is a party (individual or business entity) who has been verified as a seller on the Listoria Service and is subject to these Terms and Conditions along with other Terms and Conditions on the Listoria Service including without limitation the Privacy Policy and has agreed to carry out sales and/ or offers to Users of Listoria Services.
- Buyers (Users) are parties (individuals or business entities) who have been verified as buyers to further collaborate with Listoria and are required to comply with the Terms and Conditions along with other Terms and Conditions on the Service including but not limited to the Privacy Policy.
- Services are collectively: (i) Platform; (ii) Any content, features, services and functionality available on or through the Platform by and/or on behalf of Listoria, including Partner Services; and e-mail notifications, buttons, widgets, and advertisements.
- Advertising Prohibition is a list of goods and services that are prohibited from being sold on Listoria. This list of goods and services is an inseparable part of the Terms and Conditions. Therefore, if a user sells goods and services that are prohibited as stated in this agreement, it means they have also violated the Terms and Conditions. The following conditions are prohibited from advertising:
i. General: In principle, users are prohibited from advertising: Goods or services that are classified as dangerous, unlawful, threatening, harassing, insulting, slanderous, intimidating, invasive of other people's privacy or other rights, disparaging, related to or in any way or unlawful by any way:
- Advertisements that harm third parties in any form.
- Objects or services that are classified as sensitive and violate morals.
- Items resulting from crime.
- Electronic products that have not been officially released/launched in Germany by the legal owner of the brand and/or have not been registered with the Directorate General of Post, Communication and Information and/or have not been registered with the Ministry of Industry's TKDN, whether sold directly or by pre-order.
- Ads that duplicate other ads that are already active.
- Advertisements that direct to competitor websites.
- Ads with inappropriate categories.
- Advertisements with photos containing personal contact, blurry photos, upside down product photos.
- Advertisements with DP/TDP/Installment/Installment prices written on the advertisement & incorrect price written in the price column,
- Advertisements with several products in descriptions and titles that do not match the products/services being sold.
- Duplicate ads with ads that are deactivated before 2 x 24 hours.
- Objects or images that contain openly pornographic elements, especially those showing male/female genitals and/or pornography involving people under the age of consent.
- Objects related to sexual violence.
- Sex aids, vibrators, sex drugs, strong drugs, enlargement pills (sex enlargement drugs), stimulants, nipple milkers, crotch whiteners, sex dolls.
- Lady escort/ladies club, ladies night/rental ladies services.
- Commercial sex services.
- Advertisements that are obscene, or are or even implicitly or explicitly constitute pornography, or are or even implicitly or explicitly constitute pedophilic material.
iv. Advertisements With Material That Condemns an Individual, Group, or Organization : Listoria values freedom of expression, but also recognizes the need to protect the quality of Listoria for its users. Users are not permitted to upload material that is harassing or intimidating, or that incites hatred or promotes violence against individuals or groups based on race or ethnic origin, religion, disability, gender, age, veteran status, or sexual orientation/gender identity or is inflammatory or to support harm to individuals or groups, including:
- Objects or images or services that harass, degrade or contain hateful content towards individuals or groups of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or physical disability.
- Advertisements that encourage/justify violence or make threats of harm against individuals or groups.
- Advertisements that incite or promote hatred against groups or individuals.
- Advertising that encourages others to believe that a group or individual is subhuman or inferior.
- Advertisements that attack a person or group on the basis of sexual orientation or gender identity.
v. Advertisements that are violations of Intellectual Property Rights or Third Party Rights: Included in this category are advertisements such as:
1. Items that violate third party intellectual property rights, including but not limited to:
a. Blackmarket items.
b. KW goods.
c. Imitation goods.
d. Super premium.
e. Grade AAA/+++
f. Pirated goods.
g. Copy from original.
h. Replica item.
i. Branded wannabe.
j. Look alike.
k. Music, films, software and other items that violate intellectual property rights.
2. Digital accounts include Internet messaging, e-mail, password (user identification code), PIN.
3. Advertisements that include personal or identifying information about another person without that person's explicit consent.
4. Advertising products that are not permitted by the official Manufacturer or Distributor to be traded via the internet site.
vi. Advertisements for Drugs, Medicines, Food, Certain Drinks: Included in this category are advertisements, such as:
1. Illegal drugs as regulated in the Legal Regulations of the Federal Republic of Germany and specifically stated in Law Number 35 of 2009 concerning Narcotics, including Psychotropics and drugs, especially drugs, and other substances intended to be used as substitutes, regardless of whether the possession and marketing of such substances and chemicals is prohibited by law or not.
2. Medicines that are efficacious for curing cancer, tuberculosis, poliomelitis, venereal diseases, impotence, typhus, cholera, high blood pressure, diabetes, liver disease and other diseases stipulated by all Legal Regulations of the Federal Republic of Germany and specifically stated in the Ministerial Decree RI Health 386/MENKES/SK/IV/1994 concerning advertising guidelines: over-the-counter medicines, traditional medicines, medical devices, cosmetics, household health supplies and food and drink.
3. Medicines that require a prescription or direct action by a doctor, anesthetics and the like.
4. Hard Drugs.
5. Medicines (including traditional medicines) that do not have a distribution permit and/or whose advertising materials have not been/are not approved by the relevant parties.
6. Food, drinks and medicines that have not been registered/prohibited by BPOM.
vii. Advertisements for Alcohol and Tobacco Products: Included in this category are advertisements, such as:
1. Cigarettes, cigars, tobacco and their derivative products.
2. Electronic cigarettes include accessories and liquids.
3. Shisha includes accessories, and liquid.
4. Alcohol and other alcoholic beverages.
viii. Advertisements for Hacking and Cracking Services : Listoria prohibits advertisements intended to promote any form of hacking or cracking. Including but not limited to providing instructions or equipment that can modify or provide illegal access to software, servers or websites, such as :
1. Jailbreak/bypass/unlocked services.
2. Operating system installation services that are not original/certified.
3. Credit/Internet Data Package injection services.
4. Tapping and interception services/tools.
5. NFR (Not for Resale) software license, test version, freeware, shareware, abandonware.
6. Software designed for operation violates law or morality, including:
i. Software or hardware that contains viruses or other harmful components.
ii. Software or hardware that allows users to retrieve information about computer users without their knowledge.
iii. Software or hardware for removing keys and passwords from desktop and laptop computers, hard drives and other storage media as well as information, instructions and services related to removing or installing such keys.
iv. Software or hardware that allows users to retrieve e-mail from websites or allows someone to send mass messages to users of internet services, instant messaging, etc.
v. Software or hardware that aims to damage or limit the function of the software or hardware of a computer or other telecommunications or electronic equipment.
7. Serial keys are sold without providing software.
8. Instructions, links and FTP servers, in particular, contain information that allows or facilitates anyone to create or possess material that is harmful, unlawful, and/or prohibited possession.
9. Website destruction services.
10. Hacking services (hackers).
11. Tapping and interception services.
12. Software, objects, or services designed for unlawful operations or that violate morality.
ix. Advertisements That Offer Compensation Programs (“Pay-To”) : The term “pay-to” refers to sites that promise payments or incentives to users who click on ads, surf the web, read e-mail, or perform other similar tasks, directing traffic outside the Listoria service or a payment outside the Listoria service, such as for example :
1. Advertisements that are or contain referral link codes, or junk mail, or spam or chain letters.
2. Advertisements regarding goods and/or services that are false, deceptive, misleading/misinformed, or are classified as "bait and click" offers. The sale of counterfeit, replica or counterfeit products and the creation of any content that infringes intellectual property rights is illegal and prohibited on Listoria. Counterfeit goods will be taken down and accounts selling counterfeit goods will be subject to various enforcement actions, including permanent restrictions and suspensions to those accounts. Replicas or counterfeit goods are fake goods that are intentionally made to look authentic or are intended to be considered authentic. This can include items such as clothing, bags, watches, perfume, cosmetics, unauthorized copies of software and other electronic items and can also include listings with false or misleading descriptions of what the item actually is.
3. Advertisements "Pay per sale", "Pay-To-Click", "Pay-To-Surf", "Auto-Surf", "Pay-To-Search".
x. Advertisements Using Listoria's Brands: Use of Listoria's brand features such as logos, screenshots, or other distinctive features without Listoria's permission is not permitted, for example :
- Advertisements that impersonate any person or business entity or legal entity, including, but not limited to, any Listoria employee, or government or false affiliation with a person or business entity or legal entity. For more information about trademark use and brand features, please contact Listoria via our contact us form.
1. Human organs, blood and so on.
2. Goods or services related to the torture of both animals and humans.
xii. Weapons, Military and Explosive Advertisements : Listoria does not permit Users to sell, facilitate or endorse the sale of weapons and weapon accessories (except airsoftgun accessories & paintball accessories) including but not limited to the sale of ammunition, gun parts, pistols, rifles, air guns, and stun gun. This policy also prohibits advertising selling explosives, including fireworks and military-related products, such as:
1. Weapons (including firearms, air rifles and similar/similar objects).
2. Rank marks.
3. Attributes of government agencies (POLRI, TNI, DISHUB and the like)
xiii. Ads That Enable Dishonest Behavior : Listoria values honesty and fairness, so Listoria does not allow ads with material that could help users commit fraud or mislead others, such as:
1. Advertisements that aim to deceive and/or support fraud.
2. Encourages money laundering.
3. Document forgery services, selling diplomas, selling certificates.
4. Services for writing theses, dissertations, including but not limited to theses, theses and dissertations themselves.
5. Pyramid schemes or affiliate marketing or money games.
6. The STNK and/or BPKB being sold does not coincide with the vehicle referred to in the STNK and/or BPKB.
7. Service and job vacancy fraud.
8. Transportation tickets that already have a name on the ticket.
And Other Similar Things
Apart from the things above, Users are also prohibited from advertising any form of goods and/or services as regulated in all Legal Regulations of the Federal Republic of Germany including but not limited to:
1. Humans (human trafficking).
2. ASI (Mother's Milk).
3. Offer Massage Services.
4. New goods that are classified as mandatory have SNI, but do not have SNI.
5. New goods that are required to have instructions for use and an after-sales guarantee card, but do not have them.
6. New goods that are required to include an Germany language label on the goods, but do not include it.
7. Goods imported in used condition for sale and purchase in Germany.
8. Plants & animals are protected by the State based on Law NUMBER P.26/MENLHK/SETJEN/KUM.1/7/2018 concerning Conservation of Biological Natural Resources and Their Ecosystems. Including body parts from plants & animals, such as fangs, claws, skin, preserved products, etc.
9. Objects or services related to gambling, lotteries and betting.
10. Multi-level marketing products, money games, get rich quick and the like
11. Shares, bonds, other securities, debt, investment funds, foreign exchange, insurance products and other financial instruments offered as a form of investment and/or placement of funds.
12. Credit cards, unsecured credit and the like.
13. Strobe light/lightbar.
14. Repeater / signal booster.
15. Chemicals, toxic and dangerous, such as: sulfuric acid, carbide,
16. Legal aid services.
17. Bodyguard and/or bouncer services.
18. Products or services related to mysticism/superstition.
19. Used houses with government subsidies.
20. Advertisements related to the work of TKI (Germany Workers) and TKW (Women Workers).
21. Job search advertisements and job providers for children under 18 years of age.
22. Siri wedding services.
23. White injection products and services.
24. Services for making or managing driver's licenses, KTPs, NPWPs, salary slips, diplomas, birth certificates, death certificates & KK (family cards).
25. Registration services for transportation services and online services include but are not limited to online motorcycle taxis, online taxis, online cars, online massage, online make-up, online automotive, and others that Listoria feels fall into that category.
Listoria Notes :
Listoria, based on their own discretion, have the right to decide on advertisements to be displayed and to withdraw advertisements that do not comply with advertising regulations, or by considering various specific reasons. These regulations will always be updated and may change at any time.
2. USE OF SERVICES
i. Use of this Listoria service is bound and subject to the Terms and Conditions stated on this page.
ii. Misuse of the service or violation of the Terms and Conditions may result in termination of access without prior notice.
iii. The User hereby declares that the User is a competent person and is able to enter into an agreement that is valid according to law. Users must be at least 18 years old (unless otherwise determined by applicable laws and regulations in Gernany). Users who are not yet 18 years old must obtain consent from their parents or guardians to use and/or access Listoria on the Platform and are responsible for all costs that may arise related to the use of services on the Platform. Users are obliged to submit correct, accurate, complete and up-to-date information about themselves in order to use the Platform from time to time. Users who use the Platform hereby agree to provide personal data, including but not limited to name, telephone number and email (“Personal Data”). In the event that a User makes a report and/or complaint regarding the services on the Platform and/or the Terms and Conditions, then each report and/or complaint must be submitted in good faith and with the aim of resolving the problem. Users are prohibited from using the Platform to violate regulations stipulated by law in Germany or other countries. Users are strictly prohibited from using the "Chat" / "Send Message" feature service as a medium to convey words, comments, images or other content that contains SARA (Ethnicity, Religion, Race and Inter-Group), is misleading, slanderous or defamatory. bad name, discrimination, demeaning or cornering other parties, vulgarity, threats, harsh words or other things that can be considered inconsistent with social values and norms. Listoria has the right to take necessary action for violations of these provisions including but not limited to imposing sanctions, blocking accounts.
iv. Listoria comply fully with all legal regulations in force in the Federal Republic of Germany, which in this case specifically the Regulation of the Minister of Communication and Information of the Federal Republic of Germany Number 20 of 2016 concerning Protection of Personal Data in Electronic Systems and will not use Personal Data for purposes that violate the Law .
v. Users will always cooperate with Listoria to investigate and determine whether there has been a violation of the Terms and Conditions by giving Listoria (along with its appointed parties and independent auditors) the right of access to the User's personal data and/or Electronic Devices used by Users to open/ access Listoria. In this case, the User authorizes Listoria to cooperate with the authorities (including but not limited to the police, government agencies, telecommunications service providers, internet network service providers, data center service providers, etc.) with and/ or without prior consent to the User.
vi. Listoria does not charge registration fees to Users.
vii. Users are prohibited from creating and/or using devices, software, features and/or other tools aimed at manipulating the Listoria system, including but not limited to: (i) browsing activities (crawling/scraping); and/or (ii) other activities that can reasonably be assessed as acts of system manipulation.
viii. The User is personally responsible for maintaining the confidentiality of the account and password for all activities that occur under the User's account.
ix. The User agrees to ensure that the User exits from the account at the end of each session and notifies Listoria of any unauthorized use of the User's password or account on the Listoria website.
x. The User hereby declares that Listoria is not responsible for any losses or problems arising from misuse of the User's account resulting from the User's negligence, including but not limited to lending or providing account access to other parties, accessing links or links provided by other parties, passwords or e-mails to other parties, or negligence by other Users which result in losses or problems with the User's account.
xi. The User agrees to release the Listoria in the event of claims and/or legal action from a Third Party including but not limited to goods which are alleged to have been and/or obtained in violation of applicable legal provisions.
xii. The User, with or without notification, understands, agrees and authorizes Listoria to submit all information related to transactions, including but not limited to User information in the event that there are goods which are suspected and/or are the result of a violation of the law to the authorized institution including but not limited to the Police and Prosecutor's Office and related agencies.
3. PAYMENT
I. Payment for Listoria Services must be made in accordance with the Terms and Conditions established by Listoria.
II. Payments already made cannot be returned unless there is a written agreement.
4. LISTORIA CONTENT
I. In using each feature and/or Platform, Users are prohibited from using words, comments, images, or any content that contains elements of SARA, discrimination, demeaning or insulting other people, vulgarity, threats, or other things that may be considered inconsistent with social values and norms or based on policies determined solely by Listoria. Listoria reserves the right to take necessary action for violations of these provisions, including but not limited to account blocking.
II. Although Listoria attempts to offer reliable information, Listoria cannot promise that the information will always be accurate and up to date, and User agrees that User will not hold Listoria responsible for any discrepancy in information on the Listoria website.
III. Listoria reserves the right to reject or remove Users who it deems inappropriate or violates applicable law.
IV. Users are fully responsible for the content and validity of the material contained in the Listoria.
5. INTELLECTUAL PROPERTY RIGHTS
I. The intellectual property rights of all Listoria materials remain the property of their owners. The user grants Listoria permission to use, display and distribute Listoria materials within the framework of this service. As an online classified advertising site/application which is a platform which is a site/application based on user generated content (all material is created by users) PT. Listoria (hereinafter referred to as "Listoria") cannot be held responsible for any violations of Intellectual Property Rights (IPR) and other legal violations arising from material placed on or transmitted or distributed, or goods advertised on the Listoria website (“Materials”). The advertiser (User) is solely responsible for the uploaded material.
II. If the User feels that his or her rights have been violated or the User is the owner of IPR or an agent who is fully authorized to act on behalf of the owner of IPR and believes that a Material or other material has violated the User's rights, the User's IPR or the IPR of the owner on whose behalf the User is authorized to act, on the basis of Users in good faith may send a notification to Listoria along with a request that Listoria remove the material. The notification and application must contain the following information:
1. Any documentary evidence that shows that the User or the party the User represents is the owner of the IPR of the Material that is alleged to be infringing such as an application for a patent, trademark or design.
2. Any documentary evidence that shows that the User has the right to represent the intellectual property of the owner of the IPR (as evidenced by the existence of a special power of attorney relating specifically to this matter which is still valid and signed by the Director or person who has the right to represent the owner of the IPR on a stamp) , a copy of the document stating the latest composition of the board of directors of the IPR owner as well as a copy of the SIUP and/or TDP of the IPR owner.
- Proof of violation (for example, a statement stating that the item is illegal), as well as reasons and grounds for removing the infringing material for communication to advertisers regarding the removal.
- Identification of the Material (by including advertising links, advertising IDs, etc.) that is claimed to be infringing or to be the subject of infringing activity and that must be removed or disabled as well as other information that may be sufficient to enable Listoria to locate the material in question; And
- Fill out and send the Claim Notification form and provide sufficient information so that Listoria can contact the User, such as residential address, telephone number, and electronic mail address (e-mail). Please send all documents to [email protected]
6. PRIVACY
I. Personal information provided by users for Listoria purposes will be kept confidential in accordance with the applicable privacy policy.
II. Account Creation and Use:
a) Before placing an order in the Application, Users are required to register by entering the requested personal information, but not limited to email address and passcode.
b) Each e-mail address and cellphone number can only be used for one account.
c) By entering personal information, the User guarantees that all such information is correct and complete. Requests for changes to personal information must be sent to Listoria if there are changes to the information that the User has provided.
d) Only Users can use their own User accounts and undertake not to authorize other people to use User identities or use User accounts. Users cannot hand over or transfer User accounts to other parties.
e) Listoria is not responsible for all risks and losses arising as a result of misuse of User accounts by accessing links or links provided by other parties, providing or showing passcodes and/or e-mails to other parties.
f) The User undertakes to only use the Application for the intended purpose of obtaining the available services. Users may not abuse or use the Application to commit fraud and cause inconvenience to other people or place fake orders.
g) Listoria has the right to limit User access in using the Application and User Account if a violation of these Terms and Conditions is found.
7. CHANGES TO TERMS AND CONDITIONS
I. Listoria reserves the right to change these Terms and Conditions without prior notification to the User.
II. Changes will take effect from the date they are announced on the Listoria website.
8. RESPONSIBILITY
I. Information and Security
1. Listoria carries out information management and Platform security by trying to maintain all services, from ordering to payment on the Platform, and free from interference from irresponsible parties.
2. Despite its maximum efforts, Listoria cannot guarantee that the Platform will always be error-free and that its use will always be fit for purpose, timely and that any errors will be corrected, free from viruses or bugs or demonstrate overall functionality, accuracy, reliability the platform.
3. Listoria is not responsible for any delays, failures, errors or losses when using the Listoria Services which arise due to the use of the internet and incompatible electronic communications, or other damaging things sent to the User's computer system via the Platform Listoria.
4. Listoria will not be responsible for any losses caused by other parties accessing the User's account without the User's permission and authority, as well as things that do not occur due to the fault/negligence of Listoria.
5. Listoria collects and processes the User's personal information, such as the User's name, e-mail address and mobile phone number when the User registers on the Platform and the Services available therein. Users must provide accurate and complete information, update information and agree to provide any proof of identity reasonably requested by Listoria.
6. Users understand that when using the Platform and all Listoria Services, the User's personal data may be collected, used and/or disclosed by Listoria so that Users can enjoy the Platform and Listoria Services. Only for the purposes of Platform operations and use of services and/or other purposes deemed appropriate, the User hereby gives consent to Listoria to collect, use, or disclose any and all User personal data that the User understands that part of the data or information regarding the User may accessed by any third party working with Listoria. For the avoidance of doubt, the User also permits Listoria to disclose the User's personal data to any authority (including legal authority) based on applicable laws and regulations. Listoria is not responsible for any User losses resulting from misuse by third parties of User data or information that has been disclosed under these provisions. Users understand that Listoria may be required to disclose Users' personal data to any authority (including legal or monetary authority) based on applicable laws and regulations. Listoria will have the right to investigate and prosecute in the event of a violation of all of the above provisions, to the extent permitted by law including involving law enforcement officials. Listoria has the right to monitor User access within the Platform, to ensure compliance with these Terms of Use, or to comply with applicable regulations.
7. Listoria is not responsible for any loss or damage that may arise from the use of or inability to use the Listoria service.
8. Listoria is not responsible for failure to carry out or carry out Listoria's obligations or delays in a Listoria's obligations in processing an order due to events or occurrences that are beyond the control of Listoria. Events or occurrences outside the control of the Listoria in question are all actions or events that are beyond the reasonable limits of the Listoria's control. If an event occurs beyond the control of Listoria, then Listoria will notify the User as soon as possible and as reasonable as possible and will take the following actions:
i. Carrying out a suspension of all Listoria obligations that have been stated in the order and will extend the period of the Listoria's obligations during events outside the Listoria's control.
ii. If the product that the User ordered is in the process of being shipped, then Listoria will rearrange the delivery date after the event beyond Listoria's control is over.
iii. By accessing and further using the Listoria Application, the User hereby acknowledges and without coercion any party agrees to accept the terms and conditions contained in this Agreement.
9. DISPUTE RESOLUTION
Any problems and/or disputes that arise in connection with Listoria services will be resolved through negotiation, mediation or legal processes applicable in the Federal Republic of Germany.
10. APPLICABLE LAW
These terms and conditions are governed by the laws in force in the Republic of Germany. Listoria reserves the right to change, modify, add and delete these Terms and Conditions at any time without prior notice. Terms and Conditions must be read periodically. Users and Listoria agree that these Terms and Conditions are an agreement between entrepreneurs and customers in accordance with current and future regulatory provisions.
Date: 03.01.2024