- General Conditions
- PT. Gibby International Grup is a company established under the laws of the Republic of Indonesia (Subsequently called "we", "us", or "our").
- 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”).
- The Application allows Gibsters to offer their help to purchase items, and for Requesters to purchase the items from Gibsters. 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.
- FOR THE AVOIDANCE OF DOUBT, WE ARE A TECHNOLOGY COMPANY, NOT A DISTRIBUTOR OR PERSONAL SHOPPER COMPANY OR COURIER COMPANY AND WE DO NOT PROVIDE SUCH SERVICES. We do not employ the Gibsters and we are not responsible for any acts and/or omissions of the Gibsters. The Application is simply a means to facilitate the transactions between Gibsters and Requesters. It is up to the Gibsters to offer their services to Requesters and it is up to Requesters whether to purchase the goods from the Gibsters or not.
- Terms for Using the Application
- We collect and process your personal information, such as your name, e-mail 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 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.
- You can only use the Application once you have signed up with it. Upon successfully signing up, the Application will provide you with a personal account that can be accessed with a password you choose.
- 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. You must keep your account password and any identification we provide you secure and confidential. In the event 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 us on that matter before initiating any transaction through GIBBY.
- You may only have one GIBBY account at any point in time based on the personal information provided.
- 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 Gibster or Requester through the Application is entirely yours. You are free to choose any Gibster or Requester you want to deal with.
- 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.
- 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.
- 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.
- You represent that the goods that you transacted through Gibby are lawful and do not in any way violate any prevailing laws and regulations.
- 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.
- 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.
- You agree not to do the following actions:
- Use the Application to harm minors in any way
- Use the Application to impersonate other people or entities, or if you fake your affiliation with someone or an entity
- Use the Application for fraudulent purposes
- Take any actions that can ruin the feedback or ranking system
- Collect any information about other account holders, including, without limitation, any personal data or information
- 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
- Use services in violation or to avoid sanctions or embargoes given or enforced by the US Treasury Department's Foreign Assets Supervision Office, the UN Security Council, the European Union or Her Majesty's Treasury
- Use services to violate the privacy of other parties or to "stalk" or interfere with other parties.
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.
We make no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Website and/or Application software. We do not represent or warrant that (a) the use of the Application will be secured, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) any stored data will be accurate or reliable, (c) the quality of any products, services, information, or other materials purchased or obtained by you through the Application will meet your requirements or expectations, (d) errors or defects in the Application will be corrected, or (e) the application or the server(s) that make the Application available are free of viruses or other harmful components. The Application is provided to you strictly on an "as is" basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded and disclaimed to the highest and maximum extent. You acknowledge and agree that the entire risk arising out of your use of the Application remains solely and absolutely with you and you will have no recourse whatsoever to the company.
- Our Liabilities
- We are not liable for any damage or loss caused by the conduct of the Gibsters and/or Requesters. We are also not liable for any wrongdoings, including but not limited to illegal imports, or any criminal actions conducted by the Gibsters and/or Requesters of our Application.
- We employ appropriate and reasonable technical and security measures to keep the Application secure and virus and error free. However, as effective as this technology is, no security system is impenetrable. We therefore cannot guarantee the security of our database nor can we guarantee that the information you provide will not be intercepted while being transmitted to us.
- The Application may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you and/or other Requesters or Gibsters being faulty,
not connected, out of range, switched off or not functioning. We are not responsible for any delays, delivery failures, damages or losses resulting from such problems.
- Limitation of Liability
- Any claim against us will in any event be limited to the aggregate amount of all amounts actually paid by and/or due from you when using the Application during the event giving rise to such claims. In no event will we and/or our licensors be liable to you or anyone for costs, interest, damages or losses of any type or kind (including but not limited to personal injury, emotional distress and loss of data, goods, revenue, profits, use or other economic advantage). The company and/or its licensors will not be liable for any loss or damage which may be incurred by or caused to you, including but not limited to loss, damage or injury arising out of, or in any way connected with the Application, including but not limited to the use of or inability to use the Application.
- You expressly waive and release us from any and all liability, claims or damages arising from or in any way related to other users of this Application. Responsibility for the decisions you make regarding the use of the Application rests solely with and on you. You expressly waive and release us from any and all liability, claims, causes of action, or damages arising from your use of the software and/or the Application, or in any way related to Requesters or Gibsters introduced to you by the Application.
- You will (i) not send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) not send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (iii) not send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) not interfere with or disrupt the integrity or performance of the Application or the data contained therein; (v) not attempt to gain unauthorized access to the Application or its related systems or networks; (vi) not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; and (vii) refrain from engaging in any conduct that could possibly damage our reputation or be considered disreputable.
- Intellectual Property Matters
- GIBBY, including its name and logo, is protected by copyright, trademark and other rights provided under the laws of the Republic of Indonesia. We exclusively own all rights, title and interest in and to the Application, including all associated intellectual property rights.
- You may terminate your account by informing us of your intention to cancel your account. We will try to do our best to complete the termination in 15 (fifteen) business days.