Rudy Phan makes another TVIExpressdollar.com lie, about jurisdiction of disputes

Image via WikipediaTVIExpressdollar.com, a website by Indonesian TVI Express distributor "Rudy Phan", continue to post bull**** on his website, adding more and more lies hoping to recruit more participants to make himself rich, even though local businesses, governments, and even the Islamic Council have declared TVI Express a "money game" (i.e. SCAM). Rudy Phan, of course, has a comeback for each and every one of those news of "doom"... Everybody else must be mistaken. Only he can be right.

Just recently he posted a blog entry about how TVI Express is not really subject to Indonesia law.

In the entry "Rules of the Game" he posted that...

"And all disputes governed by the laws of Cyprus and India. Platform or online business systems TVI Express builds upon the laws of Cyprus and India, therefore in case of dispute will be settled in accordance with the laws of Cyprus and India. It's not that Indonesian law does not apply. The problems that occurred in Indonesia and it will be completed nationwide by the laws of Indonesia. However, because businesses are global TVI Express (you can have many members in your network who are in the world), if there are problems that are global as well, then the law is the law used Cyprus and India."

First, is Rudy Phan a lawyer? Does he even explain just WHAT laws apply in cases regarding international disputes? No! He simply issues declarations, but he has no evidence that his declaration is true! 


Second, can he explain just exactly WHAT is considered national or International? No. It's a generic "problems that occur in Indonesia is governed by laws of Indonesia". However, he quickly followed with "because the TVI Express is global, if problems are global then you must use Cyprus and India law". 


But what exactly constitutes a "global problem"? Does he mean problems with other members residing in other countries? Or with TVI Express itself? Or something else entirely? I assure you it is NOT covered anywhere in the blog, and in any case he has NO authority to make such an interpretation at all (neither do I, but then I recognize my ignorance when it comes to law, and Rudy Phan does not!)


Third, Rudy Phan claims that if you register with eBay, you are subject to the laws of California, USA. However, there a couple problems with this comparison. Here's the policy in question:

"By using eBay (including eBay.com and its related sites, services and tools), you agree to the following terms with eBay Inc. and the general principles for the websites of our subsidiaries and international affiliates. If you reside outside of the United States, you are contracting with one of our international eBay companies: In countries within the European Union, your contract is with eBay Europe S.à r.l.; in all other countries, your contract is with eBay International AG. If you have any questions, please refer to our help section."

Noticed anything? eBay has at least three offices, and it was very clear on WHICH one you are doing business with. If you are in the US, you are doing business with eBay (USA). If you are in E.U, you are doing busienss with eBay Europe, and in other countries, eBay Intl AG. 


So what this really say is if you sue eBay and you're in the US, THEN you are subject to California law. 


If you are in UK, you are subject to BRITISH COURT JURISDICTION, according to ebay.co.uk  "Any claim, dispute or matter arising under or in connection with this Agreement shall be governed and construed in all respects by the laws of England and Wales. You and eBay both agree to submit to the non-exclusive jurisdiction of the English Courts." But your contract is still with eBay International AG (based in Switzerland)

Furthermore, Rudy Phan claims that eBay Indonesia makes you subject to laws of Singapore. So TVI Express can make you be subject to laws of Cyprus and India. That is a false comparison.

If you actually click on the website, id.ebay.com user agreements, it actually takes you to http://pages.ebay.com.sg/help/policies/user-agreement.html?_trksid=m40  (the Singaporean site, which is where eBay has the closest office) 

So this basically proves that Rudy Phan has no f**king clue what he's talking about. If you do business locally, you follow local business laws. You can't just say I do business here but if there's a problem you have to sue me somewhere else.

Furthermore, the bull**** about "disputes subject to India or Cyprus law is just that, bull****.

This is the same sort of bull**** TVI Express distributes claimed in Africa. They claim they have "global license", and local regulators are NOT amused, and it is charged as illegal scams in multiple countries in Africa.