I. Principles and Standards of Imposing Enforcement Action against Users’ Non-compliance on MADEININDONESIA.COM
1. Principles of Disciplinary Action against Non-compliance
MADEININDONESIA.COM has the right to determine its sole discretion the conduct of users in accordance with applicable rules and regulations, and impose enforcement action accordingly. As for other acts of non-compliance not covered here in that damage the interests of other users or MADEININDONESIA.COM, MADEININDONESIA.COM may impose enforcement action in light of the circumstances, and supplement these Rules in a timely manner. Relevant enforcement action imposed by MADEININDONESIA.COM in accordance with these Rules does not exempt users from any indemnity or other liabilities that should be assumed by such users under applicable laws, regulations, other Relevant Rules and relevant service agreements with MADEININDONESIA.COM.
2. Standards of Enforcement Action against Non-compliance on MADEININDONESIA.COM
Enforcement action against acts of non-compliance by users on MADEININDONESIA.COM is determined by adopting a points-based system, i.e., there are certain penalty points corresponding to various user acts of non-compliance and enforcement action will be imposed accordingly when the accumulative penalty points reach a certain level. Unless otherwise specified, penalty points incurred across MADEININDONESIA.COM will be recorded in an integrated system and calculated for penalty purposes. MADEININDONESIA.COM is not restricted in deciding how to impose enforcement action against users merely based on penalty points.
Standards of points-based enforcement action against non-compliance on MADEININDONESIA.COM are set forth in the table below:
Penalty points cumulatively incurred |
Enforcement actions |
Remarks |
6 points |
Issuance of severe warning |
Email notification |
12 points |
Restriction for 7 days |
Email notification and automatic enforcement of penalty by system |
24 points |
Restriction for 14 days |
|
36 points |
Restriction for 21 days+Removing all products |
|
48 points |
Termination of membership |
Not applicable |
Note: a) In case of extremely serious non-compliance, MADEININDONESIA.COM has the right to immediately terminate the agreement unilaterally and close the account without refunding service fees for the remaining period, and also has the right to announce the same on MADEININDONESIA.COM and/or other media, impose associated penalties and/or permanent refusal of cooperation and other enforcement actions. b) Restriction includes but is not limited to blocking of search results, blocking of mini-site,restricting the submission and edits of new listings, etc. c) Where the cumulative penalty points of a user reach 24 points or above, MADEININDONESIA.COM has the right to refuse or restrict such user’s participation in various promotions and marketing activities on MADEININDONESIA.COM or to use the products/services. d) Points are cumulatively calculated on a yearly basis, which means that all penalty points are on record for a 365-day period, except where enforcement action of closing the account has been imposed. |
And Standards of Serious infringement of Intellectual Property Right are as below:
Number of Strikes |
Enforcement |
First Strike |
Restriction for 7 days+Examination (Restriction for 30 days if the examination is not passed within 7 days) |
Second Strike |
Restriction for 14 days+Examination (Restriction for 60 days if the examination is not passed within 14 days) |
Third Strike |
Account termination |
Notes:
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II. Detailed Rules on Penalty Points Incurred for Non-compliance of Users on MADEININDONESIA.COM
1. Non-compliance in Posting Information
Where a user posts any information in violation of the posting rules, MADEININDONESIA.COM has the right to reject/delete the non-compliant information and take corresponding enforcement actions, including but not limited to, accumulating penalty points for non-compliance, refusing to allow the user to participate in various activities or use of various services on MADEININDONESIA.COM, restricting the user’s access to their account and closing the account, etc.
1.1 Enforcement action against displaying prohibited and controlled items: Where a user posts any relevant information in violation of rules on displaying prohibited and controlled items, MADEININDONESIA.COM has the right to impose enforcement action against such non-compliance in accordance with the Enforcement Actions for Displaying Prohibited and Controlled Items.
1.2 Enforcement action against intellectual property right infringement: Where a user posts any information containing others’ intellectual property rights, MADEININDONESIA.COM has the right to impose enforcement action against the same in accordance with the Enforcement Actions for Intellectual Property Right Infringement Claims.
2. Enforcement Action against non-compliance of Transactions
Where a user violates transaction-related rules on MADEININDONESIA.COM, MADEININDONESIA.COM has the right to impose enforcement action against such non-compliance in accordance with the Rules for Enforcement Action against Non-Compliance of Transactions on MADEININDONESIA.COM
In addition to the above, where a user commits other acts that violate Relevant Rules on MADEININDONESIA.COM or damage the rights and interests of other users or MADEININDONESIA.COM, MADEININDONESIA.COM has the right to impose relevant enforcement action depending on the circumstances.
In the event of any inconsistency between the English and Indonesia versions of these Rules, the Indonesia version will always prevail.