PT. Orum Cozmo Indonesia (hereinafter referred to as the Company) hereby provides the terms and policies (hereinafter referred to as the Policy) of using the website of www.olivmart.com (hereinafter referred to as the Website) which is an internet online shop operates as follows:
Scope Of The Policy
The Policy prescribes the relationship between the Company and users, in regard to the provisions of using shopping service and the associated service (hereinafter both referred to as the Service) on the Website which the Company operates.
Agreement And Modification To The Policy
Upon using the Service, the user will be assumed that he/she agrees to the Policy. The Company may modify the Policy without prior consent of users when the Company judges that a modification is needed. If the Policy is modified, the Company should announce it on its web-site or notify via E-mail. The modification shall come into effect when it is announced or notified. If a user suffers a loss due to the modification, the Company shall not bear any responsibility.
Use Of The Service
A user uses the Service according to the Policy and Users’ Guide the Company provides separately.
Only a natural person with full capacity of civil conduct or an enterprising organization with a legitimate license of operation is entitled to use the Service. Use of the Service is limited to a person who resides in Indonesia, or to an enterprising organization located in Indonesia and has an e-mail account.
Termination Of The Service And Deletion Of Membership Registration
The Company may suspend providing the Service, delete membership registration and take any other measures that the Company judges necessary without prior notification to the concerned user when a user’s act falls under one of the following cases.
The user is found to have broken the Policy in the past.
The user delays in paying the fees of the Service or fails in other fulfillments.
The user performed acts as prescribed in Article 53 (prohibited matters) of the Policy.
Other situations in which the user violates the Policy. If any losses occur to the Company or any third parties due to a breach of the preceding clause by a user, the concerned user shall compensate all of the concerned losses (including lawyer’s fee). And as for any inquiries, complaints or claims raised by third parties due to the breach, the concerned user shall solve as his/her own responsibility and at his/her own cost without causing any trouble to the Company.
Contents Of Publication
As for the contents published in the Website, the Company does not guarantee the completeness and accuracy of all the information. A user shall use the Website at his/her own risk.
The Company has the right to modify and repeal the contents published in the Website at will.
A user may not use any information obtained through the Service beyond the limitation of private uses without permission of the Company.
Purchase Of Products
Purchase Of Products
A user is entitled to purchase products through the Service. When a user wants to purchase products, he/she shall order products according to a form the Company provides and this order is regarded as an application in the contract of product purchasing. After a user orders products on the Website, the Website will send a mail to confirm the acceptance of the order and contents of the order. As for purchase of products, regardless of the form of payment and the form of delivery of the products, it is regarded that a contract of sales regarding the concerned products between the user and the Company comes into force when the Company, corresponding to the order mentioned in the preceding clause, transfers the concerned products to a delivery company.
Termination of Sales Orders
If any of the following cases happens, the Company may cancel or terminate the concerned sales order that came into force according to Clause 3 of the preceding article without prior notification:
The concerned user broke the Policy;
There has been a notice of payment denied from the debit card or credit card company designated by the concerned user;
Any indications that the solvency of the concerned user is in trouble;
The products cannot be delivered due to an incorrect address or long-term absence of the concerned user;
A false statement is found in the personal information provided by the concerned user;
An order for products that needs a long time to receive or to be produced (Please pay attention that this also includes the case in which the products were ready when the order was placed but fail to be available afterwards.);
The quantity of the order is beyond the limitation of purchasable items;
The correct price of the concerned products is higher than the price displayed in the Website (As for the correct price of products, it is based on judgment of the Company.);
An order for the purpose of resale or profit is accepted;
An order from a person with limited capacity of civil conduct or an enterprising organization without a legitimate license of operation is accepted.
Besides the provisions mentioned in the preceding clause, the Company may cancel or terminate the sales of order and take any appropriate measures if there is a dishonest act or an inappropriate act regarding the use of the Service.
In case of the preceding two clauses, the Company may claim the losses incurred due to the cancellation for the reason of the user. However, the concerned user may not claim the losses with the Company if he/she suffered losses due to the cancellation.
Methods of payment for products purchased through the Service are provided by the Company and a user may choose when he/she orders the products.
A user shall pay all the fees including the value-added tax and the shipping and handling, and other charges.
Payment by debit card or credit card should be in accordance with the contract which is agreed between a user and his/her debit card or credit card company. If a conflict happens between the concerned user and the debit card or credit card company, it shall be solved between the concerned parties and the Company shall not bear any responsibility.
As for the date of delivery of the products, a user may check the notifications on the Website. Information on the Website is only for reference. The delivery might delay in case that the products are out of stock or cannot be delivered timely on off days of the Company, the suppliers, or the delivery companies. Therefore, it cannot be guaranteed that the delivery will be finished within a certain period.
It may be impossible to mix the products into one pack if they were ordered separately in two or more times.
Delivery is limited to the domain of Indonesia
As for places such as isolated islands or remote places, delivery may be rejected for reasons of the means of delivery or the nature of products.
Transfer Of Ownership
Regardless of the methods of payment and forms of delivery, the ownership of all the products purchased through the Service is transferred to the concerned user when the Company transfers the products to a delivery company.
Return And Replacement Of The Products
The Company accepts product return and product replacement based on Return and Shipping Policy of www.olivmart.com.
Customer Review Service
A user may use Customer Review on the Website. Customer Review is defined as written review evaluation and other information of products on the Website which are contributed by users to the site designated by the Company.
As for the specifications of Customer Review Service including the extent of products to which a user may contribute as Customer Review, the frequency and limitations of such contributions, etc., will be given by the Company in accordance to its judgment in addition to the provisions of the Policy, and a user may not object to this.
The Company may modify parts or whole of the specification according to its judgment at any time, and a user may not object to this. And the Company shall not bear any responsibility if a user suffers a loss due to the modification of the specification
Limitation Of Functions
All users are able to use the function to browse the contributed Customer Review, but only a registered member is able to use the function to contribute to Customer Review and the function to evaluate the contributed Customer Review.
A user may not contribute to Customer Review with the contents of any of the following cases:
Contents to libel on the Company or third parties;
Contents associated to crimes or to encourage crimes;
Contents breaching laws;
Contents to produce publicity for profit purpose;
Contents preaching specific political and religious claims;
Contents to injure reputations of the Company groundlessly or probably to raise credit concerns;
Contents to violate or possibly violate property rights, credit, privacy and other rights of the Company or third parties;
Contents to express discrimination;
Contents to be considered vulgar, harmful and coarse and other contents unpleasant to others;
Contents contrary to public orders or normal social conventions;
Contents containing personal information, e.g. name of a person, telephone number, mail address, residential address, place of work, credit card number, and bank account number;
Contents containing a harmful program or script;
Other contents that the Company judges as inappropriate.
When a user breach provisions of the preceding clause, the Company may take measures as follows:
Deletion of the Customer Review content breaching the preceding clause;
Deletion of all the Customer Review contents contributed by the user breaching the preceding clause in the past;
Suspending the use of Customer Review;
Other measures that the Company judges as necessary.
Use Of Customer Review
The Company may use contents of Customer Review without notifying the user who contributed the concerned Customer Review. Users are assumed to agree that the Company may also use the contribution in reproduction, quotation, disclosure, offer, publication, on-line distribution and other forms without charge. And users also agree not to execute their right of authorship to the Company and the designated parties of the Company.
A user is not allowed to reproduce, convert, edit or copy the Customer Review content contributed by others unless otherwise stipulated.
As for period of display and storage by the Company of Customer Review, the Company may decide by its judgment, and a user may not object to this
Responsibility Of Users
A user of Customer Review shall compensate all of the losses (including fees for lawyer) if occurs to the Company or third parties due to breaching of the Policy.
As for any inquiries, complaints and requests from third parties due to or related to Customer Review that breaching the Policy and violating their rights, the concerned user of Your Customer Review shall be held responsible for such cases and the Company is not liable for it.
The Company may give coupon which is defined in the Chapter Four of the Policy to a user when he/she contributes to Customer Review according to conditions and procedures which the Company provides separately.
The Company may modify existence, conditions and procedures of the bestowal of coupons at any time, and a user may not object to this.
In regard to acquisition and use of Coupon, a user shall comply with the Policy of the Company
Disclosure Of Users Personal Information
When a third party claims for information disclosure because Customer Review contributed by a user violate his/her privacy, or there arises a claim of disclosure according as regulated by law, the Company may disclose the personal information of the user concerned according to relative laws and procedures.
Customer Review shall be contributed with a user's responsibility so that the Company shall not guarantee the exactness, reliability, suitability, innocuousness, etc.
The Company does not have any obligation to monitor whether contributed Your Voice breaches the Policy or not.
A user shall accept that there may be temporal or permanent suspension of the service due to an unavoidable circumstance such as system maintenance of the Company or malfunction of communication line, etc., and shall not claim compensation to the Company regarding the concerned suspension.
In addition to the preceding clauses, the Company does not bear any responsibility for a loss of a user in regard to the Service.
The Company is not obliged to respond to any inquiry about the contents of Customer Review.
Coupon And Gift
Coupon And Gift
The Website presents coupon and gift (hereinafter both referred to as Coupon to a user with certain conditions. Coupon is defined as a right to enjoy discounts according to amounts of Products purchased which the Company grants to a specified user in the Website; and gift is defined as a right to enjoy discounts according to amounts of Products purchased which the Company grants to an unspecified user (displayed in alphabetic and numerical character order).
And Coupon Service includes the functions of issuing coupons by the website, using and managing the coupons by the users, and other relative service functions.
Granting And Use Of Coupons
The Company issues coupon when a member purchases Products or uses a service in a way the Company designates. The concerned user is able to enjoy certain discounts according to the amounts of Products purchased in the next purchase with the granted coupon. Issuance of coupons is notified through mail, on the Website, or in other forms by the Company.
The Company shall decide on the service and Products eligible for the granting of coupon (hereinafter refereed as the subject Products), the rate and amount of discount, the term of validity and other conditions of coupon granting, and the members shall follow such decisions.
When the subject Products are modified, Coupon is issued according to the amounts of the purchases after the modification.
The Company makes the final judgment concerning coupon granting, including whether to grant for a type of product, the amounts to be granted, etc. and the member shall follow such decisions.
Granting And Use Of Gift Voucher
The Company may grant gift to an unspecified user. The user who receives gift is able to use gift and enjoy certain discounts according to the amounts of Products purchased after membership registration.
The Company decides on the conditions for gift granting according to its own judgment.
Management Of Coupons
The Coupon shall be kept in the way as required by the Company. Coupons already used will not be shown on the member login page of the Website.
The Company makes the final judgment on the accuracy of the information mentioned in the preceding clause and the members shall follow this.
Prohibition Of Coupon Accumulation And Multiple Registrations
A user should not transfer his/her Coupon or use it as a mortgage to other members, nor can he/she share it with other members.
If one member has multiple registrations, the concerned member is prohibited from adding up the Coupons which he/she has been granted for each registration.
Cancellation And Expiration Of Coupon
The Company may cancel Coupons granted to its members for appropriate reasons according to its own judgment such as the cancellation of the subject product, etc.
The Company may cancel gift which granted to users for appropriate reasons according to its own judgment.
The Company may cancel Coupon without prior notification to a member if the Company judge that the concerned member involves in any of the following cases:
Illegal or dishonest acts;
A breach of the Policy;
Other cases the Company judges appropriate to cancel the granting to a member.
Coupon expires automatically if a member does not participate in the subject transaction within the term of validity.
The Company is not obliged to compensate in regard to Coupon canceled or expired, nor shall it bear any responsibility.
Use of Coupon in Settlement
A member is able to pay the bill partially or totally with Coupon for payment in settlement (including price of products, value added tax , and so forth) in the Website in the way required by the Company and at a discount rate and amount as proposed by the Company.
The Company may add conditions in use of Coupon mentioned in the preceding clause.
If a member cancels settlement mentioned in Clause One, the Company will not return Coupon or cash equivalent to the amount used in the concerned settlement.
It shall follow the preceding Clause if a member uses Coupon for payment of a bill whose price is reduced for some reason afterwards.
If a member uses Coupon for payment and the billing amount is lower than the book amount of the Coupon, the Company does not return Coupon or cash as in the Clause Three.
If a member uses Coupon for payment and afterwards the bill is increased for some reason, the concerned member shall pay the balance in other forms of payment.
If accidents occur to the subject products of the settlement mentioned in Article 30, such as delay, loss, steal, damage, break, etc., after they are transferred to the delivery company, the Company does not bear any responsibility unless the accidents are due to the reason of the Company.
Cancellation After Use Of Coupon
If Coupon is canceled according to Article 29 after a member uses Coupon for settlement, the product that is the subject of the concerned settlement may be canceled or withheld. If the transaction has already started or the concerned member wants to carry it on, he/she shall pay balance due to the cancellation in cash or other ways of payment as prescribed by the Company.
No Money Conversion
A member may not convert Coupon into money in all cases.
A user may not convert gift into money in all cases.
Usage by Third Parties
Use of Coupon shall be done by a member him/herself. No third parties or any other people can use the Coupon without its ownership.
The Company assumes that the member using the Coupon is the same one as registered after confirming user ID and password input. If this is a dishonest use by a third party, the Company does not return the Coupon or bear any responsibility to any losses to the concerned member.
Tax and expenses
If tax or incidental expenses comes into existence, such expenses shall be borne by concerned members or users.
Loss and Suspension of Membership
If a member loses the membership, he/she loses all the rights concerning Coupon. With the loss of membership, he/she is also deprived of the right of claim to the Company.
Modification of Coupon Service
The Company may abolish Coupon, suspend Coupon granting and modify contents of Coupon service like changing the subject product, rate and amounts of discount, the term of validity, etc., and a user shall agree to this.
If a loss or damage happens to a user due to the modification mentioned in the preceding clause, the Company does not bear any responsibility.
Anyone who wants membership registration shall apply according to the procedure on the Website as required by the Company. The registration is free.
Membership registration is deemed completed when the Company approves the application mentioned in the preceding clause. But in case of the following, the Company may not approve the registration or cancel the registration after it is approved:
The applicant made a false statement;
Other cases that the Company judges an applicant as inappropriate for membership.
The Company exempts from responsibility by working according to the contents of application.
E-Mail Address And Password
A member keeps the e-mail address and the password which he/she registers for membership. He/she should not transfer, lend, sell this e-mail address and password or use them as a mortgage to third parties.
The registered e-mail address and password can be used in all the sections of the Website at everywhere in the Website.
The Company does not provide a way to confirm the password if a member loses his/her password. The member who lost his/her password shall set a new password.
Function Of The Service
By logging on with the registered e-mail address and password, a member may use the exclusive membership services and enjoy a special favor only for members.
Principle Of Self Responsibility And The Management Of Mail Address And Password
A member is the sole person responsible for the use and management of his/her e-mail address and password, and shall be held responsible for all the conducts on the Website by his/her mail address and password even if the concerned act is not done by him/her.
The Company does not bear any responsibility to the losses of a member due to the use of his/her mail address and password by third parties, whether it is the intention or fault of the concerned member or not.
A member shall not use an easily inferable character string for password, for example: e-mail address, name, date of birth, or telephone number etc., and shall modify password regularly after setting the password.
Cancellation Of Membership
If a member commit a prohibited matter mentioned in Article 52 (prohibited matters), the Company may suspend provision of the Service temporarily without prior notice or warning to the concerned member and may cancel his/her membership permanently.
A member shall compensate the losses if he/she causes damages to others as in the preceding clause. He/she shall also bear the lawyer's fees if obligated in case the Company uses a lawyer for claiming the relative case.
Rescind The Membership
A member shall notify the Company in a form provided on the home page of the Service if he/she rescinds the membership for reasons of his/her own.
Processing Of Personal Information
The Company collects and uses a user's personal information only within the scope necessary for operation and in a legitimate and appropriate manner.
The Company does not sell, lend, transfer and disclose personal information to third parties without prior consent of the concerned user except for the following.
The Company may disclose personal information without prior notification to the concerned user in the cases as follows:
Following the provisions of laws, or the decrees from the administrative authorities or the judiciary;
The concerned user breaches related laws or web-site policy of Indonesia
The Company judges necessary for users to use the services;
Other cases that the Company judges appropriate according to laws or web-site policy.
Protection of Personal Information on linked Pages
The Website contains certain pages utilizing Cookies technology for finer services corresponding to the trait of the users. It is assumed that users agree to use such Cookie. Pages containing Cookies would ask for the permission of the user as for the application of the Cookie so that a user can suspend use of Cookie to his/her discretion, but it might prevent the use of some services.
One who wants a general invoice shall contact the Company in time when ordering products.
Contents of a general invoice are as follows;
Address: name of person, or name of company (necessary)
Contents of products: name of products
Amount: Actual purchase price (excluding Coupon)
Prohibition Of Transfer
A user shall not transfer, lend, sell the rights he/she holds as a user of the Service to third parties, nor can he/she give the rights in pawn of use them for mortgage.
As for losses to a user or third parties related to the use, delay, modification, suspension or abolishment of the Service, disclosure or loss of information provided, the Company does not bear any responsibility or obligations to compensate.
A user should not plagiarize the copyrights or intellectual property rights of the Service. All the copyrights of the service pages and relative pictures belong to the Company. It is prohibited to duplicate, distribute, transfer, lend, translate, use, reproduce, commercialize or reuse the copyrighted content according to the laws and copyright treaties.
Patents, utility model rights, trademark rights, design rights, copyrights and other intellectual property rights concerning the Service all belong to the Company; and any violations against such rights are prohibited by law.
The following acts are prohibited in use of the Service:
Disturbing operation of the Service and constituting obstacles to the Service;
Illegal use of debit card or credit card;
Behaviors that cause or may cause damage or loss to the Company or third parties;
Behaviors violating or may violate the trademark rights, copyrights, privacy, or other rights of the Company or third parties;
Behaviors against public conventions and social orders;
Criminal conducts or relative behaviors;
False statement or submission in registration such as using otherÂ e-mail address;
Business activities for profit purposes;
Damaging the goodwill and credit of the Company;
Using or providing harmful programs such as computer virus and behaviors that may result in such situations;
Stealing mail address and password of other member;
Not paying the bill for the purchased products through the Service;
A breach of the Policy;
A breach of domestic or international laws;
Using the Service in ways not suggested by the Company;
Linking the Service to other databases without the approval from the Company;
Illegal access and data destroy to the server computer of the Service;
Acts mentioned in Clause Two of Article 55
Other acts the Company judges as inappropriate.
Modification, Temporary Suspension And Termination Of The Service
The Company may modify contents of the Service without prior notification to users.
In the following cases, the Company may partially or totally suspend the Service according to its own judgment without prior notification to users:
A regular or urgent maintenance or renewal of devices and systems for the Service;
Failure to provide the Service due to force majeure such as fire, blackout or natural calamities;
Other cases that the Company judges as appropriate to suspend the Service temporarily, such as operational or technical reasons or service failure due to an unexpected situation.
The Company shall notice on its home page as regard to the situations mentioned in the preceding clause.
The Company does not bear any responsibility if a user is not able to use the Service and suffers damages due to the situation mentioned in the preceding clauses.
Limits Of Responsibility
The Company does not bear any responsibility for the outside websites linked to the Service by any third parties. The Company does not bear responsibility to compensate the damage due to or related to the services on the concerned outside website.
In case that the products are found to have quality problems upon arrival, the responsibility of the Company is limited to the price of the concerned products. The Company is not liable for any indirect damage due to the problems of the concerned products.
The Company bears no responsibility for the products damaged due to the misuse by the user.
Shades of the products may be different from the real ones due to the set-up of display or monitors, etc.
If a user causes damages or losses to other users or third parties, the concerned user shall solve on his/her own and at his/her own cost and the Company does not bear any responsibility.
When the Company is obliged to notify to its members, it shall fulfill its responsibility by sending the notification to the e-mail address as registered in advance and by sending the products purchased in time to the address which a member designated.
If an E-mail sent to a user by the Company does not arrive, or delivery of products the Company send to a user delays or returned due to the user neglecting of a necessary procedure, the Company does not bear any responsibility to the losses of the concerned user. And if delivery failure or delay of products results from natural calamities such as earthquake and typhoon, riot, or terror, act of god, war (force majeure) , the Company does not bear any responsibility to that the user losses either.
The Company holds no responsibility other than provided in the Policy as for damages and losses related to use of the Service and products sold through the Service, regardless of the legal causes of the claim.
The Company does not bear responsibility for any damages a user suffers caused by the fact that he/she is not able to use the Service for his/her own reason.
A user shall bear the cost of setting up computer and communication device, telephone fees or fees for LAN necessary for the use of the Service by him/herself.
According to the Policy, users shall bear the public charges such as consumption tax imposed upon the fees for using the Service.
Governing Law And Dispute Settement
As for matters not mentioned in the Policy for the products and the Service of the Company, the Indonesian law shall govern. When a dispute between a user and the Company happens, a user and the Comp.any agree to settle such disputes at Badan Arbitrase Nasional Indonesia / the Indonesian National Arbitration Board (BANI) in Jakarta in accordance with the rules and procedures applied by BANI. The arbitration award of BANI shall be final and binding, and the parties shall not contest against such award before the competent Court.
Comes into effect on November 1, 2014