Privacy & Policy


This Term of Services (“Term of Services”) is an agreement between you (“you”, “your”) and PT Gibby Internasional Grup (collectively, “GIBBY”, “we”, “our” or “us”), and in conjunction with the Privacy Policy, governs your use of the Register application and websites, software, programs, documentation, tools, internet-based services, components, and any updates (including software maintenance, service information, help content, bug fixes or maintenance releases) thereto, and other related products and services (together, the “Services”). Please read this Agreement,Term of Use and the Privacy Policy, carefully. To use the Services, you must agree and accept all of the terms of this Term of Use. By downloading, installing, and/or using the GIBBY application (the "Application"), you agree that you have read, understood, accepted and agreed to these Terms of Use. ("Terms of Use"). Please cancel your account (if you have signed up for the Application) and permanently delete the Application from your device if you do not agree or wish to enter into the Terms of Use. If you do not agree to these Terms of Use, you cannot use the Application and all of our Services.

General Conditions

By accepting to these provisions, yYou agree to comply with any and all guidelines, notices, operational and policy settings and instructions relating to RequestersUsers and / or access to the Gibby Application, as well as any changes issued by us from time to time without prior notice. We reserve the right to revise the guidelines, notices, operating rules, policies and instructions at any time and you are deemed aware of and subject to any of the changes mentioned above after a notice or publication of the changes in the Application or notice through other media. Communication between RequestersBuyer, and GibstersSeller can use the Application feature provided by GibbyStorum to communicate. RequestersBuyer and GibstersSeller are advised to use the applications and features that have been determined. Gibby is not responsible for any and all transactions in any form which do not perform through Gibby’s Application. Therefore, Users hereby indemnify Gibby from any loss and/or claim which may occur in accordance with the transaction performed by Seller and Buyer outside Gibby’s Application. We can improve, modify, pause, stop supplying, delete, in whole or in part from the Application, without giving reasons & prior notice, and we are not responsible if such increase, modification, suspension or deletion prevents you from accessing the Application and/or causing you any losses, directly or indirectly, and in any form, nothing is excluded.

Definition

  1. PT. Gibby International Group is a company established under the laws of the Republic of Indonesia (Subsequently called "we", "us", or "our").
  2. The Application is a peer-to peer software application to match buyers (“Requesters”) with individuals who offer their service to purchase goods from the stores (“Gibsters”)sellers.
  3. The Application allows User to do as follows:
  • GibstersSellers to can offer their help to purchase items, and and sell their own produced goods to Buyers through software application by uploading the picture or product or any other way may be possible in the future at the Gibby’s application, where Seller for has sole and complete discretion to accept or reject each of Requester’s orders and/or purchases for any reasons. The quality of the services offered to Buyer through the Application is entirely Seller’s responsibility.Requester.
  • Buyers  tocan purchase the items/goods from GibstersSeller by way of searching and looking for the desired items/goods from the Seller’s window or by way of finding the goods’ tagging from Users’ content.. The Gibsters has sole and complete discretion to accept or reject each of Requester’s orders and/or purchases for any reasons. The quality of the services offered to Requesters by Gibster through the Application is entirely the responsibility of the Gibsters.
  • GibstersSeller and Buyer  in their capacity and Requester can upload a content, both in the form of usage pictures, reviews, tutorials, usage examples and others, on the Application, by mentioning or tagging the items so that the goods can be purchased by other Users.

FOR THE AVOIDANCE OF DOUBT, WE ARE A TECHNOLOGY COMPANY, NOT A DISTRIBUTOR OR PERSONAL SHOPPERSELLER COMPANY OR COURIER COMPANY AND WE DO NOT PROVIDE SUCH SERVICES. 

We do not employ the GibstersSeller  and we are not responsible for any acts and/or omissions of the SellerGibsters.. The Application is simply a means to facilitate the transactions between SellerGibsters and RequestersBuyer.. The decision for each usage of the Application is the decision of the User, both GibstersBuyer  and SellerRequesters, and all consequences arising from such decisions are the responsibility of each User.

Application Term of Use

  1. You represent and warrant that you are an individual legally entitled to enter into a binding agreement under the laws of the Republic of Indonesia, in particular the Terms of Use, to use the Application and that you are at least 18 21 years old or have married and not under guardianship. Otherwise, we will be entitled by law to cancel any agreement entered into with you. You further represent and warrant that you have the right, authority, and capacity to use the Application and to abide by the Terms of Use. If you are registering on behalf of a legal entity, you also represent and warrant that you are authorized to enter into, and bind the entity to, these Terms of Use and register for the Application.
  2. We collect and process your personal information, such as your name, email address, and mobile telephone number when you sign up. You must provide accurate and complete information, keep the information up to date and agree to provide us whatever proof of identity we may reasonably ask for. If any of the personal information that you have provided to us changes, for example, if you change your email address, telephone number, or if you wish to cancel your account, please update your details by sending a request to us. We will, to the best of our abilities, effect such changes as requested within fifteen (15) business days of receipt of the notice of the change.
  3. You can use the complete features in Gibby’s Application once you have signed up with it. Upon successfully signing up, we will provide you with a personal account that can be accessed with a password you choose. Users who have not signed up in Gibby’s Application shall only have access and use limited features determined by Gibby.
  4. Only you may use your own account and you undertake not to authorize others to use your identity or account. You may not assign or otherwise transfer your account to any other parties for any reason. You must secure your account password and any identification we provide. In the event that a disclosure is made to your passwords, in whatever way, which causes any illegitimate or unauthorized uses of your account or identity, transactions generated from the illegitimate or unauthorized uses will still be deemed valid transactions, unless you notify and report to us on that matter while or after the transaction executed through Gibby’s Application. Gibby is not responsible for any losses or claims occur from the Users’ negligence. In the event of such, Gibby may only disclose to account’s owner the information recorded in the Gibby’s Application in relation to such misused acts.
  5. You may have multiple accounts in Gibby’s Application based on personal information and data provided. But you may only have one Gibby’s account with the same email address and a contact number. If you wish to register other account under your name, you have to provide a different email address and contact number.
  6. The information provided by the Application must not be construed as an advice or an offer, the decision to use this Application and to deal with other Sellers or Buyers or Users through the Application is entirely yours. You are free to choose any Sellers or Buyers or Users you want to deal with.
  7. You undertake that you will use the Application only for its intended use as described in this Terms of Use. You may not abuse or use the Application for fraudulent purposes or to cause any inconvenience to others or to make fake purchases and/or offers. 
  8. You may not harm, tweak or modify the Application and/or Website or attempt to harm, tweak or modify it in any way whatsoever. We are not liable if you do not have a compatible device or if you have downloaded the wrong version of the Application to your device. We reserve the right to prohibit you from further using the Application should you use the Application with an incompatible or unauthorized device or for purposes other than those for which the Application is intended to be used. You undertake that you will only use an access point you are authorized to use.
  9. You will keep confidential and will not abuse the information you receive from using the Application. You will treat the other members with respect and will not engage in any unlawful, threatening or harassing behavior or activities.
  10. You understand and agree that your use of the Application will also be subject to our Privacy Policy as may be amended from time to time. By using the Application, you also give your consent as required under our Privacy Policy.
  11. By providing us information, you represent that you have the right to provide us the information for us to use and share with other Users of this Application.
  12. You represent that the goods that you transacted through Gibby are lawful and do not in any way violate any prevailing laws and regulations.
  13. You agree to defend, indemnify and hold us harmless and not liable for any goods and/or service you transact through Gibby. We are not responsible for the quality of the service and/or goods obtained through the Application.
  14. Please inform us if you no longer have control of your account, as if your account is somehow hacked or your phone is stolen, so that we can cancel your account accordingly. Please note that you are responsible for the use of your account and may be held liable even if it is abused by another person.
  15. You agree not to do the following actions 

 

  1. Use the Application to harm minors in any way;
  2. Use the Application to impersonate other people or entities, or if you fake your affiliation with someone or an entity;
  3. Use the Application for fraudulent purposes;
  4. Take any actions that can ruin the feedback or ranking system;
  5. Collect any information about other account holders, including, without limitation, any personal data or information;
  6. Use the Application to intentionally or unintentionally violate applicable laws, rules, referral codes, guidelines, policies or regulations at the local, state, national or international levels including, without limitation, laws and conditions (whether legal or not) related to anti money laundering or anti-terrorism;
  7. Use services in violation or to avoid sanctions or embargoes given or enforced by the US Treasury Departments Foreign Assets Supervision Office, the UN Security Council, the European Union or Her Majestys Treasury;
  8. Use services to violate the privacy of other parties or to "stalk" or interfere with other parties.
  9. Full authority and right to use and analyze the personal data and user’s history.

16. TherUsers also approves/agree that Gibby has the authority to use its user personal data to any third party.

Always use the online HTML Editor to compose the content for your website easily.

Content Ownership

By being Gibby’s user, the user hereby states and agrees that the content that was shared or uploaded on Gibby’s Aplikasi belongs to Gibby. Consequently, Gibby has the authority and rights to use and share the content that was shared or uploaded in the Gibby’s Aplikasi without prior consent from the user. 

The user warranties that the uploaded content is not violate the law and shall be fully responsible for the uploaded content and indemnify Gibby from any and every claim and/or loss occurred from any third party.

We also are not responsible for any and all content that is displayed or uploaded on the Application, including but not limited to negative reviews, uninformative tutorials, or misleading information. Therefore, we are not responsible for the consequences, both material and immaterial losses, arising from the uploaded content.

Cancellation/Termination of Aaccounts

If your GIBBY Account is terminated or suspended for any reason or no reason, you agree: (a) to continue to be bound by this Agreement, (b) to immediately stop using the Services, (c) that the License provided under this Agreement shall end, (d) that we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers, and (e) that GIBBY shall not be liable to you or any third party for termination or suspension of access to the Services or for deletion of your information or account data.

a. Your Right to Terminate 

You may terminate this Agreement and other GIBBY agreements by closing your GIBBY Account at any time.

b. Suspension or Termination by Us

We may terminate this Agreement or suspend or close your GIBBY Account for any reason or no reason at any time upon notice to you. We may also immediately suspend or terminate the Services and access to your GIBBY Account if you (a) have violated the terms of this Agreement, any other agreement you have with GIBBY, or GIBBY’s policies, (b) pose an unacceptable credit or fraud risk to us, (c) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct, or (d) the user age does not satisfy 18 years age requirement.

c. Effect of Termination

We will not be liable to you for compensation, reimbursement, or damages in connection with your use of the Services, or in connection with any termination or suspension of the Services.

Fees and Taxes

The download of the Application is free of charge. We charge transaction processing fee, and credit card fee if you opt for credit card payment. We may introduce other fees at any point in time in which we will inform you accordingly about this for you to decide whether you wish to continue using the Application or not. However, the Internet connection required to use the Application, and any associated charges (e.g. mobile data expenses) incurred by your use of the Application are your exclusive responsibility and made solely at your expense. All Fees are exclusive of taxes, and you indemnify and hold harmless against any claims by any tax authority for any underpayment of any sales, use, goods and services, value added or other tax or levy, and any penalties and/or interest.

Security

We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge and agree that you provide your personal information at your own risk.

Unauthorized or Illegal Use

If we reasonably suspect that your GIBBY Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your GIBBY Account, and any of your transactions with law enforcement.

Relation with Your Customer/Users

a. Taxes 

You are responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason in connection with your use of our software and services (“Taxes”). You also are solely responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority. We are not obligated to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction. GIBBY specifically disclaims any liability for Taxes.

b. Customer Service

You are solely responsible for all customer service policies and issues relating to your goods or services, including pricing, order fulfillment, cancellations or no shows by you or a buyer, returns, refunds and adjustments, rebates, functionality and warranty, technical support, and feedback concerning experiences with your personnel, policies or processes. In performing Customer Service, you will always present yourself as a separate entity from us. As between you and us, we are solely responsible for Customer Service issues relating to your GIBBY Account only.

License

 

GIBBY grants you a personal, limited, non-exclusive, revocable, non-transferable License, without the right to substitution rightsLicense, to electronically access and use the Services solely to manage your inventory, expenses and the funds you receive, provide email receipts to your customers and utilize such other Services as GIBBY may make available through the Register application from time to time, in accordance with this Agreement. The Services include our website and any mobile applications, software, programs, documentation, tools, internet-based services, components, and any updates (including software maintenance, service information, help content, bug fixes or maintenance releases) thereto provided to you by GIBBY. You will be entitled to download updates to the Services, subject to any additional terms made known to you at that time, when GIBBY makes these updates available.

While we want you to enjoy the Services, you may not, nor may you permit any third party to do any of the following: (i) access or monitor any material or information on any GIBBY system using any manual process or robot, spider, scraper, or other automated means unless you have separately executed a written agreement with GIBBY referencing this Section 7(ii) that expressly grants you an exception to this prohibition; (iii) copy, store, reverse engineer, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way software, material or information from GIBBY; (iv) permit any third party to use and benefit from the Services via a rental, lease, timesharing, service bureau or other arrangement; (v) transfer any rights granted to you under this Agreement; (vi) violate the restrictions in any robot exclusion headers on the Services or any GIBBY service or product, work around, bypass, or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services, except to the extent that such restriction is expressly prohibited by law; (vii) perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use of the Services by our other customers, or impose an unreasonable or disproportionately large load on our infrastructure; or (viii) use the Services other than as expressly allowed under this section.

All rights granted to you under this Agreement shall terminate immediately in the event that you are in breach of any term or condition hereof.

Ownership

The Services are Licensed and not sold or assigned. GIBBY reserves all rights not expressly granted to you in this Agreement. The Services are protected by patent, copyright, trademark, trade secret and other regime related with intellectual property laws as have been existed or hereafter come into existence. GIBBY owns the title, copyright and other worldwide Intellectual Property Rights (as defined below) in the Services and all copies of the Services. This Agreement does not grant you any rights to GIBBY’s trademarks or service marks.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, trademark of products, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefor and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or our other products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction, that it will not place GIBBY under any fiduciary or other obligation, and that we are free to use the Idea without any compensation to you, and we are entitled to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, GIBBY does not waive any rights to use similar or related ideas previously known to GIBBY, or developed by its employees, or obtained from sources other than you.



Indemnity

You will indemnify, defend, and hold us (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement, including without limitation any violation of our policies; (b) your unauthorized, wrongful or improper use of the Services; (c) any transaction submitted by you through the Services (including without limitation the accuracy of any Content or product, service, or transaction information that you provide or any claim or dispute arising out of products or services offered or sold by you); (d) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (e) your violation of any law, rule or regulation of any other country; (f) any other party’s access and/or use of the Services using your unique name, log-in, password or other appropriate security code.

Representation and Warranties

You represent and warrant to us that: (a) you have attained the legal age of majority in your jurisdiction; (b) you are eligible to register and use the Services and have the right, power, and ability to enter into and perform under this Agreement; (c) if you are registering and using the Services on behalf of an organization, you have the authority, power and right to act on the organization’s behalf under this Agreement; (d) the z name identified by you when you registered is your name or business name under which you sell goods and services; (e) you and all transactions initiated by you will comply with all national, federal, state, and local laws, rules, and regulations applicable to you and/or your business and employees, including any applicable tax, employment, wage and hour, and tip laws and regulations, in your jurisdiction; (f) you will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Services; and (g) your use of the Services will be in compliance with this Agreement.

No Warranties

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GIBBY OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, GIBBY, ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DO NOT WARRANT THAT THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

GIBBY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND GIBBY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Limitations of Liability and Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GIBBY, ITS SUPPLIERS, OR ITS LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL GIBBY BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR GIBBY ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GIBBY , ITS SUPPLIERS, AND ITS LICENSORS (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE SERVICE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR DATA OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR DATA POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

IN NO EVENT SHALL GIBBY , AGENTS, SUPPLIERS, OR LICENSORS (OR THEIR ITS RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICE DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, BREACH OF STATUTORY DUTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF GIBBY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Language

These terms and conditions are made in Indonesian and English language version, in the event that there is a difference of interpretation between Indonesian and English, then the Indonesian version shall prevail.

Choice of Law

This terms and conditions will be governed by and interpreted in accordance with the laws of Republic of Indonesia. Users agree that any legal act or dispute that may arise from, related with, or in any other way with the website and/or this agreement will be settled exclusively in the jurisdiction of Republic Indonesia.

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