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BENTAHAN DECREE NO. 01-2009
TERMS AND CONDITIONS
General Terms and Conditions
This web-site is intended to be a friendly, enjoyable and useful experience, but as with anything concerning any kind of transactions there are risks involved and we strongly advise you to understand all of these terms before joining. If you spot a listing that you feel is violating the general terms and conditions of this web-site as stated below please let us know by contacting us.
Rights To Suspend or Terminate.
You agree that this web-site, in its own discretion, may terminate any auction or use of the service immediately and without notice if (a) We believe that you are not abiding by the general rules of this web-site
(b) You have repeatedly broken a certain term (c) You have listed a suspicious item (d) We believe you to be a non paying bidder. In most cases when we suspect foul play we will suspend your account/listing whilst we investigate further. If our investigation is conclusive then your account with us will be terminated.
You are solely responsible for the contents of your actions through this web-site. You must ensure that your participation in the selling or buying of items does not violate any applicable laws or regulations. By this we mean that you must check that you entitled to sell or buy the relevant item and that you are not prohibited from doing so by any law or regulation.
You must not transmit through the service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. You must also not transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation.
Membership to this web-site is only available to those you can form a legally binding contract. This web-site does not permit minors (under
16) to register. If any member fails to signup with their correct age the account will be terminated immediately.
This site acts as the window for sellers to conduct auctions and for bidders to bid on sellers' auctions. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items listed the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot and do not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchases of items they have bid on.
In addition, note that there are risks of dealing with foreign nationals, underage persons or people acting under false pretence.
This Web-site shall not be responsible for any items sold by Auction, for any damage to items during transit or during the inspection period, nor for misrepresentations and/or breaches of contract by either buyer and/or seller. This web-site shall not be responsible for the cost of procurement of substitute goods or any losses resulting form any goods purchased or obtained.
This web-site assumes no liability for the content of the listings.
However if you fall victim of a fraudulent transaction we will assist you as much as we can.
WHEREAS, on March 12, 2009, Bentahan Decree No. 01-2009 was issued in order to promote orderliness in the use of the cyberspace on the sale by auction of property both real and personal within the commerce of man, and to prevent breach of contract of sales of unscrupulous sellers and buyers.
WHEREAS, there is an equally urgent need to put up funds for the maintenance of the website and for other expenditures necessary for the promotion of the general welfare of the users of the website.
NOW, THEREFORE, I, HERNANDO DELA ROSA, JR., webmaster of www.bentahan.com.ph, by virtue of the faith, trust and loyalty vested in me by the Philippine Cyber Cockfighting Community, do hereby and decree that:
Section 1. MEMBERSHIP FEE.?Any person who wishes to become a member of www.bentahan.com.ph is required to pay a lifetime membership fee of FIVE HUNDRED PESOS which shall start on 1 April 2009; Provided, That those who have been members prior to the issuance of this decree shall not be subjected to the imposition of membership dues, unless otherwise provided;
Section 2. RIGHTS OF MEMBERS.?Any person who has been admitted as a member of www.bentahan.com.ph shall have unlimited access to the website and shall have the privilege to bid in auctions, join forum discussions and post comments, queries and suggestions on auctioned merchandises, Provided, however that said rights should not be exercised in such as way as to be contrary to laws, morals, good customs, public order and public policy;
Section 3. APPLICATION TO BECOME A SELLER.?Any person who is a member of www.bentahan.com.ph may apply as a seller subject to the following requirements:
a) by sending an e-mail to email@example.com and signifying his/her intent to become a seller, and
b) by paying the seller fee.
Section 4. SELLER FEE.?Any person applying as seller, after having signified his/her intention to become a seller may have the option to:
a) pay ONE THOUSAND PESOS (P1,000) and sell for four (4) months which may start from any of the months in the calendar year and shall end on the fourth month, but shall not exceed on 31 December of the same year; or
b) pay THREE THOUSAND PESOS (P3,000) and sell for the whole year but shall expire on 31 December of the same year.
Section 5. BANNER FEE.?Any person who wishes to advertise through website banners of www.bentahan.com.ph, after having signified his/her intention to subscribe to the banner advertisement may choose the following options:
a) pay ONE THOUSAND TWO HUNDRED PESOS (P1,200) to advertise using website banners for one (1) month;
b) pay THREE THOUSAND FIVE HUNDRED PESOS (P3,500) to advertise using website banners for 3 months;
c) pay SIX THOUSAND PESOS (P6,000) to advertise using website banners for 6 months;
d) pay EIGHT THOUSAND FIVE HUNDRED PESOS (P8,500) to advertise using website banners for 9 months; or
e) pay TEN THOUSAND PESOS (P10,000) to advertise using website banners for the whole year.
Provided, that the period of advertisement may start from any of the months of the calendar year and shall expire on the month corresponding the number of months availed, but shall not exceed 31 December of the same year.
Section 5. PAYMENT MODE.?Any person who wants to become a MEMBER or SELLER or any person who wants to advertise using the website banners may tender payment through the following:
a) FOR OVERSEAS MEMBERS:
b) FOR LOCAL MEMBERS:
Section 6. ACTIVATION.?Any person who is applying as a MEMBER, SELLER or BANNER ADVERTISER, after having paid through any of the payment modes provided in Section 5 hereof, shall observe the following procedure:
a) Send an ACTIVATION OF APPLICATION AS A MEMBER, SELLER or BANNER ADVERTISER to firstname.lastname@example.org indicating therein the following:
i) Name of Applicant: ____________________________;
ii) Address: ____________________________________;
iii) Telephone Number:____________________________;
iv) E-mail Address:_______________________________;
v) Applying for MEMBER/SELLER/BANNER ADVERTISER;
vi) Period of Application (applicable only for SELLER and BANNER ADVERTISER);
vii) Amount paid and the serial number appearing on the DEPOSIT SLIP
b) Please attach a scanned copy of the DEPOSIT SLIP
c) Wait for an ACTIVATION LETTER which shall be sent to the applicant as soon as possible.
Section 7. LIMITED LIABILITY.?contracts of sale arising from www.bentahan.com.ph shall be governed by the Law on Sales (New Civil Code), Code of Commerce, and other special laws.
Moreover, www.bentahan.com.ph shall not be responsible or be held liable for any breached transactions between a buyer and seller, but shall provided disciplinary measures with due process and subject to the discretion of the www.bentahan.com.ph board.
Section 8. DISCIPLINARY MEASURES.?Any complaint filed before email@example.com against a member of this site based on acts which are contrary to laws, morals, good customs, public order or public policy, shall be subjected to administrative investigation subject to the rules and regulations that www.bentahan.com.ph board.
After hearing and upon finding that the member is guilty of the violation imputed against him/her, the said member shall be imposed with either penalties of suspension of membership with fine upon reactivation, lifetime expulsion, unless otherwise provided, or a fine, subject to the discretion of the www.bentahan.com.ph board.
Section 9. ANNUAL WWW.BENTAHAN.COM.PH COCK DERBY.?Any member of www.bentahan.com.ph is invited to join the annual WWW.BENTAHAN.COM.PH COCK DERBY which is held once every year. The event shall not be exclusive and shall be open to invited guests either based locally or overseas. Everybody has the chance to claim PRESTIGE, PRIDE and POWER in the www.bentahan.com.ph cockpit.
Section 10. COMPULSORY ENTRY FOR SELLERS.?In order to promote the www.bentahan.com.ph derby and to serve as an avenue to raise revenues, foster camaraderie and to have the chance to see the quality of gamefowls being auctioned in www.bentahan.com.ph, sellers are obliged to join the derby.
Any seller who fails to join the WWW.BENTAHAN.COM.PH COCK DERBY shall suffer the following penalties:
Proceeds of the www.bentahan.com.ph DERBY shall be used for the maintenance of the website and for other expenditures necessary for the promotion of the general welfare of the users of the website.
Section 11. AMENDMENTS AND REVISIONS.?The www.bentahan.com.ph reserves the right to review, revise, amend, modify any stipulations of BENTAHAN DECREE No. 01-2009 whenever necessary, in accordance with the rules and regulations that www.bentahan.com.ph board may provide.
Section 12. EFFECTIVITY CLAUSE.?Bentahan Decree No. 01-2009 shall take effect on 1 April 2009.
HERNANDO DELA ROSA, JR.
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