Terms 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"). These Terms of Use constitute a legal agreement between you and PT. Gibby International Grup and apply to your visit to and use of our website at www.gibby.id ("Website"), and the Application (as defined below). 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. PLEASE REVIEW OUR TERMS OF USE AND PRIVACY POLICY CAREFULLY BEFORE DOWNLOADING OUR APPLICATION FOR THE FIRST TIME.

  1. General Conditions
    1. PT. Gibby International Grup 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”).
    3. 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.
    4. 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.

  2. Terms for Using the Application
    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 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, 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.
    3. 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.
    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. 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.
    5. You may only have one GIBBY account at any point in time based on the personal information provided.
    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 Gibster or Requester through the Application is entirely yours. You are free to choose any Gibster or Requester 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 Department's Foreign Assets Supervision Office, the UN Security Council, the European Union or Her Majesty's Treasury
      8. Use services to violate the privacy of other parties or to "stalk" or interfere with other parties.

  3. Payment
    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.

  4. Warranties
    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.

  5. Our Liabilities
    1. 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.
    2. 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.
    3. 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.

  6. Limitation of Liability
    1. 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.
    2. 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.

  7. Indemnification
    By using the Application, you agree that you will defend, indemnify and hold us, our licensors, affiliates, and each of our officers, directors, commissioners, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) your use of the Application, your dealings with the other users through this Application, third party providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Use or any applicable law or regulation, whether or not referenced herein or (c) your violation of any rights of any third party, including other users arranged via the Application, or (d) your use or misuse of the Application. This defence and indemnification obligation will survive these Terms of Use and your use of the Site.

  8. License
    1. Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non-transferable, non-assignable, non-sub-licensable, revocable license to download and install a copy of the Application on a single mobile device that you own or control and to run this copy of the Application solely for your own personal, non-commercial use.
    2. You may not (i) copy, modify, adapt, translate, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast, decompile, or disassemble any portion of or otherwise exploit the Application, except as expressly permitted under these Terms of Use, (ii) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the software in any way; (iii) create internet "links" to the Application or "frame" or "mirror" any software on any other server or wireless or internet-based device; (iv) reverse engineer or access our software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Application, or (c) copy any ideas, features, functions or graphics of the Application, (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application, (vi) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Application or its contents; (vii) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of the proprietary rights, (viii) remove any copyright, trademark or other proprietary rights notices contained in the Application. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us, except for the licenses and rights expressly granted in these Terms of Use.
    3. 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.
    4. We will have the right to investigate and prosecute any violations of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that we have no obligation to monitor your access to or use of the Website or Application, but we have the right to do so for the purpose of operating the Website and the Application, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

  9. Intellectual Property Matters
    1. 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.
    2. Without derogating from our rights under any applicable law or these Terms of Use, you are advised that any attempted or actual infringement of this provision will result in the termination of all your rights under these Terms of Use. If you circumvent any of the means taken by us to protect the Application from unauthorized use, you must immediately cease all use of the Application, and you undertake to do so.

  10. Termination
    1. You are under no obligation to use the Application and may simply choose to stop using it at any time by cancelling your account and permanently deleting the Application from your device, thus disabling your use of the Application. This Terms of Use is automatically terminated when you permanently delete the Application from the device.
    2. 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.
    3. We reserve the right to immediately suspend, restrict or terminate these Terms of Use and your use of the Application if we have reasonable grounds to suspect that you have breached or violated any provision of these Terms of Use and/or the prevailing laws and regulations.

  11. Miscellaneous
    1. Our waiver or forbearance or failure to claim a breach of any provision of these Terms of Use or to exercise any right provided by these Terms of Use or the applicable law, may not be deemed to constitute a waiver with respect to any subsequent breach of any provision hereof.
    2. These Terms of Use are drawn up in both English and Indonesian language, both of which versions will be binding on you and us. In the event of any inconsistency between the Indonesian language version and the English version, the Indonesian language version will prevail.
    3. You may not transfer or assign your rights under these Terms of Use, without our prior written approval. We may assign our rights under these Terms of Use to a third party at our sole and absolute discretion.
    4. If any term under these Terms of Use is held to be illegal, invalid or unenforceable, in whole or in part, under any enactment or rule of law, the term or part of it will, to that extent, be deemed not to form part of these Terms of Use but the legality, validity or enforceability of the remainder of these Terms of Use will not be affected.
    5. These Terms of Use are governed by and to be construed under the laws of the Republic of Indonesia. Any and all disputes arising from the use of our services shall be governed by the exclusive jurisdiction of the South Jakarta District Court.

    These Terms of Use may be modified, varied and changed from time to time. We will notify you through the Application and/or email of the modifications, variations and/or changes to the Terms of Use. The continued use of the Application after receipt of this notice will constitute your consent to and acceptance of the modifications, variations, and/or changes.