Perniagaan Terms of Service
Last Update: March 2020
Welcome to Perniagaan.net.
The following terms of service (these “Terms of Service”), govern your access to and use of the Perniagaan website, including any content, functionality and services offered on or through www.Perniagaan.net (the “Site”) by Cygularity Sdn Bhd. referred hereto as “Perniagaan” “we” or “us”.
This Site is offered and available to users who are 13 years of age or older. If you are under 13 you may not use this Site or the Perniagaan services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request to firstname.lastname@example.org
The original language of these Terms of Service, as well as all other texts throughout the Site, is English. Perniagaan makes available this translation for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail.
Buyers are users who purchase services on Perniagaan.
Custom Offers are exclusive proposals that a Seller can create in response to specific requirements of a Buyer.
Custom Orders are requests made by a Buyer to receive a Custom Offer from a Seller.
Disputes are disagreements experienced during an order between a Buyer and Seller on Perniagaan.
Perniagaan Balance is the aggregated amount of your Revenue as a Seller and/or returned payments from cancelled orders as a Buyer.
Perniagaan Credits are credits that Perniagaan may provide users to be used only for purchases on Perniagaan, subject to these Terms of Service or any other applicable laws and/or terms.
MJob® Extras are additional services offered on top of the Seller’s MJob for an additional price defined by the Seller.
MJob® Packages allow Sellers to offer services in different formats and prices. Packages can include upgrades, which lets Sellers price their service for a basic price of over $5.
MJob® Page is where the Seller can describe their MJob and the MJob’s terms, and the Buyer can purchase the MJob and create an order.
MJob® / MJobs® are services offered on Perniagaan.
Logo Design is an original design for a logo uploaded by a Seller through the Perniagaan Logo Maker.
Logo Maker is the automated logo design tool offered by Perniagaan to users as further explained in these Terms of Service.
Order Page is where Buyers and Sellers communicate with each other in connection with an ordered MJob.
Orders are the formal agreement between a Buyer and Seller after a purchase was made from the Seller’s MJob Page.
Payment Services Provider(s) are service providers that provide payment services to Buyers and Sellers in connection with the Perniagaan platform, including with respect to collection of funds from Buyers in connection with purchases, remittance and withdrawal of funds to Sellers, currency exchange services in connection with payments in local currencies, and the holding of funds in connection with Perniagaan Balances.
Revenue is the money that Sellers earn from completed orders and can either withdraw or use to purchase on Perniagaan, subject to these Terms.
Sellers are users who offer and perform services through MJobs or through the Logo Maker on Perniagaan.
Overview (Main terms, in a nutshell)
Perniagaan is all about helping Sellers leverage their skills. We seek to empower top performing Sellers with helpful tools to grow their business. Sellers who invest in self-promotion may achieve greater customer satisfaction. And, if they deliver on time and maintain high quality and ratings, Perniagaan may reward them with new statuses, special opportunities, benefits, and tools that come with it.
Top Rated Sellers
Perniagaan Sellers have access to several exclusive features that help customize the way their services can be offered.
Shipping Physical Deliverables
Some of the services on Perniagaan are delivered physically (arts and crafts, collectable items, etc.). For these types of MJobs, Sellers may decide to add shipping charges. Sellers can add shipping charges for local shipping (within the same country) and for international shipping (anywhere else).
* Additional fees may apply based on your location and currency.
Disputes and Cancellations
We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact Perniagaan’s Customer Support department for assistance email@example.com.
In certain instances, Perniagaan may offer you credits (“Perniagaan Credits” or “Credits”), either for promotional purposes or otherwise, to be used for purchasing MJobs and/or other services offered on the Site. Your available Credit balance will appear in your account. Your valid Perniagaan Credits will be automatically applied to your next purchase and can be viewed in your order summary after you place the order. Unless stated otherwise, Perniagaan Credits expire following three months from their receipt. Perniagaan Credits serve only as an incentive to use Perniagaan, and, therefore, are not redeemable for cash, have no cash value and are nonrefundable. Once used, Perniagaan Credits may not be returned to your account even if your Order gets cancelled. Perniagaan Credits may be subject to additional conditions and restrictions as will be disclosed to You upon receipt of the Credits. Credits may be voided in the event of fraud, misuse, or violation of these Terms. Perniagaan reserves the right to modify or cancel the Perniagaan Credits program at any time. If you or Perniagaan deactivate or suspend your Perniagaan account, any unused Perniagaan Credits in your account will be forfeited.
Perniagaan Logo Maker
Perniagaan Logo Maker allows certain Sellers to offer various original logo designs (each, a “Logo Design”) for Buyers to adjust and customize per their own specific needs, using special automated design tools. Through the Logo Maker, Buyers purchase full commercial use rights to the Logo Design embedded with their brand name.
Perniagaan Logo Maker Sellers are chosen manually by Perniagaan editors through an ongoing review process based on quality of designs, seniority, volume of sales, high ratings, exceptional customer care, high order completion rate and more.
All Logo Designs have a fixed US$ price and can be purchased either in the “Basic Logo Package” or in additional packages as indicated in the Logo Design order page.
Purchasing through Perniagaan Logo Maker
Selling your design on Perniagaan Logo Maker
Logo Design Commercial use license
When an order through the Logo Maker is completed, and subject to payment, the Seller grants the Buyer a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to use the Logo Design embedded with the Buyer’s brand name for any purpose, except for any illegal, immoral or defamatory purpose. There is no warranty, express or implied, with the grant of this license, including with respect to fitness for a particular purpose. Neither the Seller nor Perniagaan will be liable for any claims, or incidental, consequential or other damages arising out of this license, the Logo Design or the Buyers use of the Logo Design. For the avoidance of doubt, the Seller retains all ownership rights to the Logo Design, and no ownership or copyrights are granted to the Buyer.
User Conduct and Protection
Perniagaan enables people around the world to create, share, sell and purchase nearly any service they need at an unbeatable value. Services offered on Perniagaan reflect the diversity of an expanding MJob economy. Members of the Perniagaan community communicate and engage through orders, social media, and on Perniagaan’s Community Forums.
Perniagaan maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Perniagaan. This section relates to the expected conduct users should adhere to while interacting with each other on Perniagaan.
To report a violation of our Terms of Service and/or our Community Standards, User Misconduct, or inquiries regarding your account, please contact our Customer Support team firstname.lastname@example.org.
Users may receive a warning to their account for violations of our Terms of Service and/or our Community Standards or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user’s email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account losing Seller statuses or becoming permanently disabled based on the severity of the violation.
Adult Services & Pornography – Perniagaan does not allow any exchange of adult oriented or pornographic materials and services.
Inappropriate Behavior & Language – Communication on Perniagaan should be friendly, constructive, and professional. Perniagaan condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages.
Phishing and Spam – Members’ security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their MJobs or orders.
Privacy & Identity – You may not publish or post other people’s private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the Order Page. Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer. Any users who engage and communicate off of Perniagaan will not be protected by our Terms of Service.
Authentic Perniagaan Profile – You may not create a false identity on Perniagaan, misrepresent your identity, create a Perniagaan profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. Perniagaan reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).
Intellectual Property Claims – Perniagaan will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. Our Intellectual Property claims procedures can be reviewed here.
Fraud / Unlawful Use – You may not use Perniagaan for any unlawful purposes or to conduct illegal activities.
Abuse and Spam
Multiple Accounts – To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Perniagaan community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of Perniagaan’s Terms of Service and/or our Community Standards is a cause for permanent suspension of all accounts.
Targeted Abuse – We do not tolerate users who engage in targeted abuse or harassment towards other users on Perniagaan. This includes creating new multiple accounts to harass members through our message or ordering system.
Selling Accounts – You may not buy or sell Perniagaan accounts.
The Site, including its general layout, design and content, is exclusively owned by Perniagaan and protected by copyright and trademark law. Perniagaan®, MJob® and MJobs® are all registered trademarks owned exclusively by Perniagaan. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) modify or create derivative works; (iv) remove any copyright notice, identification or any other proprietary notices, or; (v) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site. Users also agree not to permit or authorize anyone else to do any of the foregoing.
To the extent that you provide Perniagaan with any comments, suggestions or other feedback regarding the Perniagaan platform or the Site as a whole, as well as other Perniagaan products or services (collective, the “Feedback”), you will be deemed to have granted Perniagaan an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. Perniagaan is under no obligation to implement any Feedback it may receive from users.
Sellers should recognize that there might be a need for Buyers to disclose certain confidential information to be used by Sellers for the purpose of delivering the ordered work, and to protect such confidential information from unauthorized use and disclosure. Therefore, Sellers agree to treat any information received from Buyers as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Sellers specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the ordered work; and (vi) not to copy or reproduce any of the information without the Buyer’s permission.
User Generated Content
User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to Perniagaan by our users (Buyers and Sellers) is User Generated Content. Perniagaan does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.
Furthermore, Perniagaan is not responsible for the content, quality or the level of service provided by the Sellers (even if they are Pro Sellers, Top Rated Sellers, offer Promoted MJobs or otherwise). We provide no warranty with respect to the MJobs, their delivery, any communications between Buyers and Sellers, and the Logo Designs created through the Logo Maker. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate services.
By offering a service, the Seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on Perniagaan. Sellers advertising online their MJob or Logo Design created through the Logo Maker must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the MJob or Logo Design from the Logo Maker, as applicable, and may lead to the suspension of Seller’s account.
For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Ownership and limitations: When purchasing a MJob on Perniagaan, unless clearly stated otherwise on the Seller’s MJob page/description, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the Seller, and the Seller waives any and all moral rights therein. The delivered work shall be considered work-for-hire under the U.S. Copyright Act. In the event the delivered work does not meet the requirements of work-for-hire or when US Copyright Act does not apply, the Seller expressly agrees to assign to Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to Buyer shall be subject to full payment for the MJob and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work shall be the exclusive property of Buyer, and Seller assigns all rights, title and interest in the delivered work. Some MJobs (including for custom created work) charge additional payments (through MJob Extras) for a Commercial Use License. This means that if you purchase the MJob for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through a MJob Extra and will have broader rights that cover your business use.
For Voice Over MJobs, when the work is delivered, and subject to payment, the Buyer is purchasing basic rights, (which means the Buyer is paying a one time fee allowing them to use the work forever and for any purpose except for commercials, radio, television and internet commercial spots). If you intend to use the Voice Over to promote a product and/or service (with the exception of paid marketing channels), you will need to purchase the Commercial Rights (Buy-Out) through MJob Extra. If you intend to use the Voice Over in radio, television and internet commercials, you will need to purchase the Full Broadcast Rights (Buy-Out) through MJob Extra. For further information on the type of buy-outs, please read below.
Furthermore, users (both Buyers and Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Perniagaan, including MJob texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Perniagaan for no consideration for marketing and/or other purposes.
Voice Over Commercial Buy-Out
When purchasing a Voice Over MJob, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased Voice Over (except for commercials, radio, television and internet commercial spots).
By purchasing a Commercial Rights (Buy-Out) with your order, in addition to the basic rights, the Seller grants you with a license to use the Voice Over for any corporate, promotional and non-broadcast purposes. Corporate, promotional and non-broadcast purposes means any business related use for the creation of, or to promote a for-product profit or service (with the exception of paid marketing channels), such as (by way of example): explainer videos posted to company websites, social networks or email campaigns, audiobooks, podcast intros, and strictly excludes any illegal, immoral or defamatory purpose.
By purchasing a Full Broadcast Rights (Buy-Out) with your order, in addition to the Commercial Rights, the Seller grants you with a license for full broadcasting, which includes internet, radio, and TV “paid channels” including (by way of example): television commercials, radio commercials, internet radio, and music/video streaming platforms, and strictly excludes any illegal, immoral or defamatory purpose.
This Buy-Out is subject to Perniagaan’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor Perniagaan will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.
MJob Commercial Use License
By purchasing a “Commercial Use License” with your MJob Order, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. For the avoidance of doubt, the Seller retains all ownership rights. “Permitted Commercial Purposes” means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to Perniagaan’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor Perniagaan will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.
Disclaimer of Warranties
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PERNIAGAAN NOR ANY PERSON ASSOCIATED WITH PERNIAGAAN MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Certain user-generated content on the Site has been translated for your convenience using translation software powered by Amazon Translate. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Such translations are provided as a service to users of the Site, and are provided “as is”. No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of such translations made from English into any other language. Some user-generated content (such as images, videos, Flash, etc.) may not be accurately translated or translated at all due to the limitations of the translation software.
The official text is the English version of the Site. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated content, please refer to the English version of the content which is the official version.
Limitation on Liability
IN NO EVENT WILL PERNIAGAAN, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
IN ACCEPTING LIABILITY AS THE LIMITED AUTHORIZED PAYMENT COLLECTION AGENT OF SELLER, PERNIAGAAN AND ITS AFFILIATES ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS OF SELLER.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with Perniagaan, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.
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