Last update: 11/10/2022
PT Guardia Teknologi Indonesia (Jubelio) is a company that provides website services through the JUBELIO website, located in South Jakarta, Indonesia. Jubelio offers retail management solutions to enhance sales and work efficiency for online and offline businesses (“Services”) that can be accessed via our website at https://app.jubelio.com/login (“Website”).
Jubelio’s Services are subject to change from time to time based on user feedback and suggestions. These Terms and Conditions are not intended to address every question or issue that may arise from using the Jubelio Services. Jubelio reserves the right to modify these Terms and Conditions at any time, and such modifications will become effective upon posting of the new or revised Terms and Conditions on the Jubelio Website.
Jubelio will make reasonable efforts to notify you of any changes by email or notification via the Website. However, since these Terms and Conditions may change periodically, it is your responsibility to ensure that you have read, understood, and agreed to the most recent version of the Terms and Conditions available on the Jubelio Website.
By registering to use Jubelio’s Services, you represent and warrant that you have read and understood these Terms and Conditions, and have the authority to act on behalf of any person for whom you are registering to use the Services.
TERMS & CONDITIONS JUBELIO
- Agreement – refers to these Terms & Conditions that govern the use of Jubelio’s services.
- Subscription Fee – refers to the monthly fee, exclusive of taxes, that you are required to pay based on the fee schedule indicated on the Jubelio Website. The subscription fee may be revised by Jubelio from time to time, with or without notice.
- Confidential Information – pertains to any information exchanged between the parties under this Agreement, in any form, whether written, electronic, or oral, except for information that has been or will be made public, or disclosed without rights, or unlawfully by you or others.
- Data – pertains to any information or data that you input or authorize to be inputted into the Website, including marketplace integrations.
- Intellectual Property Rights – refers to any patent, trademark, service mark, copyright, design right, know-how, or any other intellectual or industrial property rights, registered or unregistered.
- API (Application Programming Interface) – is a set of protocols, commands, and functions that developers can use to build software for a specific operating system.
- Services – pertains to the accounting, financial, and operational management services offered by Jubelio through the Website. The services may be updated or modified by Jubelio from time to time.
- Website – refers to the internet site managed by Jubelio with the domain and subdomain of jubelio.com or other sites controlled by PT Guardia Teknologi Indonesia.
- Jubelio – means PT Guardia Teknologi Indonesia, a registered company in Indonesia with TDP number 09.03.1.62.95993.
- Invited User – refers to any individual or entity, apart from the Customer, who is authorized by the Customer to use the Service.
- Customer – refers to a person or an entity who registers to use the Service on their behalf or on behalf of another person or organization.
- Subscribe. Subscription – means that you will be automatically charged a specific fee for each billing cycle, whether it is weekly, monthly, yearly, or any other period. The subscription fee may be charged no later than 24 hours before the start of each billing cycle.
- Training – is a training activity and implementation of the Jubelio Omni Channel System/Application that will be subject to the terms and conditions established by Jubelio at its sole discretion.
- You – refers to the Invited Customer or User.
1. USE OF SOFTWARE
Jubelio grants you the non-exclusive and non-transferable right to access and use the Services via the Website with a designated usage role based on the selected service. This right is limited by and subject to the terms and conditions of this Agreement. You acknowledge and agree that, depending on any applicable written agreement between the Customer and the Invited User or other applicable laws:
- The Customer is responsible for determining who is granted access as an Invited User and the types of roles and rights they have to access your data.
- The Customer is responsible for all use of the Service by Invited Users.
- The Customer has the responsibility to manage each Invited User’s access level to the relevant organization and Services at any time. The Customer may withdraw or modify an Invited User’s access or access level at any time, for any reason, in any case.
2. AVAILABILITY OF OUR SERVICE
We offer customer service support for operational inquiries related to the use of the Jubelio System/Application. Our customer service is available from Monday to Saturday, 09:00 to 22:00 (UTC+7), and on Sundays from 09:00 to 18:00 (UTC+7).
3. OUR RIGHTS
- We deserve the right, at our sole discretion and without notice or consent from you, to:
- Restrict, block, disable, terminate, suspend, or terminate your access to all or part of the Service and Website if you violate or fail to comply with any provision of these Terms or applicable law. If we block, suspend or terminate your access and you attempt to access our Services and Website directly or indirectly or on behalf of another person or entity, we reserve the right to reject your application for an account, unpublish an existing account, cancel a subscription, or delete an existing account. We may also report any activity that we suspect violates any applicable law to the appropriate authority and cooperate with those authorities.
- Modify and customize our Services and/or Website interface, usage rules, etc. from time to time, and adjust certain product types and scopes.
- After your access to all or part of the Service and Website is blocked, restricted, deactivated, suspended, or terminated, you are responsible for all data and information contained in your account. This includes migrating or forwarding the necessary information or data. We are not obligated to store any information or data associated with the account or forward or migrate any information or data (including but not limited to unread or sent messages) to you or other users or third parties. We will not be responsible for any damage or loss incurred by you, users, or third parties due to the above.
- Upon termination of your access to all or part of the Services and/or the Website, you grant us the right to store and/or delete any information or data in or associated with your account without any obligation to you.
4. YOUR LIABILITY
- By using the Service and the Website, you acknowledge that you will only use them for your internal business needs that are lawful, accurate, and compliant with the Terms and Conditions and notifications provided by Jubelio or those listed on the Website. You are allowed to use the Service and the Website on behalf of another person or entity or to provide services to them, provided that you have the necessary authority and that all parties receiving the Service through you comply with all applicable terms and conditions.
- You are responsible for ensuring that all usernames and passwords required to access the Jubelio Service are kept secure and confidential. In the event of unauthorized use of your password or any other security breach, you must immediately notify Jubelio, and we will reset your password. You must also take any other measures deemed necessary by Jubelio to maintain or enhance the security of our computer systems and networks, and your access to our Services. When accessing and using the Jubelio Service, you must comply with the following conditions:
- You must not attempt to compromise the security or integrity of Jubelio’s computer systems or networks, or those of any third-party hosting the Services.
- You must not use or abuse the Jubelio Service in any way that may prevent other users from using the Service or the Website.
- You must not attempt to gain unauthorized access to any materials other than those for which you have been granted permission to access, or to our computer system where the Service is hosted.
- You must not upload, transmit, or post any files or data that can damage other users’ computer equipment or software, offensive materials, or any data or material that violates any applicable law (including copyrighted or trade secret material that you are not authorized to use).
- You must not attempt to modify, copy, emulate, disassemble, or reverse engineer any computer program used to provide Jubelio Services, or to use the Website in any way not intended or required.
- Usage Restrictions: Your use of Jubelio Services may be subject to certain restrictions, such as monthly transaction volume or the number of calls you are allowed to make using the Jubelio application programming interface. Any such restrictions will be determined and listed on the relevant Service.
- Communication Terms: By using any communication means available through the Website (such as forums or chat rooms), you agree to use them only for lawful purposes. You are not allowed to use these communication tools to distribute or post material that is not related to the use of the Service, including (but not limited to) unsolicited commercial emails, materials that can damage other users’ computer equipment or software, or any material that violates any applicable law (including copyrighted or trade secret material that you are not authorized to use). When making communications of any kind on the Website, you warrant that you have the necessary permission to make such communications. Jubelio is not obligated to verify the legitimacy or accuracy of communications on the Website, or that they are solely related to the use of the Service. We reserve the right to delete any communication at any time at our sole discretion.
5. FEES & PAYMENTS
- Subscription fees for using the Jubelio system/Application are available on our pricing page. You must pay all subscription fees in advance, regardless of the subscription plan you choose. Upon payment of the subscription fee, we will provide you with a payment receipt. The available payment methods and the price of each subscription plan are available on the Website Pricing page.
- All bills or invoices will be sent to you, or to the billing contact you have provided, via email. You are required to pay the entire value stated on your bill or invoice before the due date for the invoice, which is 7 days from the time we send the invoice.
- We may send you an email notification at least 14 (fourteen) calendar days before the end of the current subscription period to remind you of the current subscription period. If you fail to make payment before the end of the current subscription period, we may block, limit, downgrade, disable, suspend or terminate your access to all or part of the Service and the Website at any time at our discretion, without prior notice or obligation to you.
- If you choose to delete your account or cancel your subscription to our Services, we will not provide any refunds or discounts on your subscription fee, pro rata or otherwise.
- Price changes. You will be charged the rate in effect at the time of your agreement to subscribe. If the subscription price changes, we will notify you at the time of renewal of the subscription period.
- Unless otherwise stated in this Agreement, both parties are responsible for paying all types of taxes, fees, or other levies, whether present or future, that are required to be paid to the Government of the Republic of Indonesia in connection with transactions made based on this Agreement, in accordance with the applicable statutory provisions.
- Any taxes that arise from the implementation of this Agreement will be the responsibility of each party, in accordance with the applicable tax regulations in Indonesia.
7. CONFIDENTIALITY & PRIVACY
- The parties agree to maintain the confidentiality of all confidential information provided by the other party under this agreement. Each party shall not disclose or provide the confidential information to any third party or use it for its own purposes without the prior written consent of the other party, except as permitted by these Terms. The obligations of each party under this confidentiality provision shall survive the termination of these Terms. The provisions of this article shall not apply to information that:
- Has become part of the public domain without breach of this confidentiality provision;
- Is obtained from a third party who has a legal right to disclose such information without restriction; or
- Is developed by a party independently of the confidential information provided by the other party.
8. INDEMNIFIKASI DAN LIMITATION OF LIABILITY
You are required to indemnify, defend, and hold Jubelio harmless from and against any and all losses, demands, claims, taxes, liability, or legal costs (including attorney fees and other reasonable expenses, whether caused or not resulting from third party claims), and all costs incurred by Jubelio arising from or in connection with (i) any inaccuracies of any statements or guarantees made by you, in these Terms and Conditions from the date they were made or deemed made; and (ii) any violation of your agreement, obligations and acknowledging or agreeing to each of them based on these Terms and Conditions, including but not limited to the following:
- Losses arising from invalid, inaccurate, or incomplete information provided by you.
- Misuse of User or Purchaser Personal Data by you.
- Disclaimer of Responsibility: You acknowledge and agree that Jubelio shall not be held responsible for:
- Your failure to use the Jubelio Platform, which occurs due to your negligence regarding the use of false identities and/or other parties in maintaining the confidentiality of your account and lending your account to other parties, resulting in your Jubelio account being accessible and can result in loss to the Buyer or yourself.
- Any disturbances or errors that occur related to the use of the Marketplace Platform from third parties.
- Any interruption, or prevention of access to use of the Service, including any interruptions or errors related to the operation and availability of systems used to access the Service, including public telephone services, computer networks, and the internet.
- The use of the omnichannel system/application carries the risk of overselling, where the product stock across all sales channels refers to one stock value. This may occur due to several factors,
- Please be aware that there may be a delay of 10-20 minutes for orders to be processed and withdrawn from sales channels to Jubelio, which could impact stock availability.
- It is important to note that simultaneous sales on multiple sales channels within this time interval could lead to overselling, where the quantity of orders exceeds the stock available in your warehouse. This overselling risk applies not only to simultaneous orders from different marketplaces but also within the same marketplace. Additionally, if you participate in a Sale Campaign on a sales channel that locks stock, Jubelio may not be able to update the stock on the Platform in real-time based on the latest recorded stock.
- Please be advised that there is a Request per Second (RPS) limit in the sales channel API. As a result, updating the latest stock to the sales channel through the API may fail at any time if the RPS limit is exceeded.
Jubelio offers features that can be used to mitigate the risk of overselling in the scenarios mentioned above. However, Jubelio does not guarantee complete avoidance of overselling scenarios. By using our services, you acknowledge and accept the risk of overselling and release Jubelio from any liability for any damages, both tangible and intangible, that may result from such overselling scenarios.
- Any failure or inability to implement these Terms and Conditions due to changes in laws and regulations, court decisions (including but not limited to bankruptcy or being sentenced to bankruptcy including default), or government decisions (beschikking), revocation or temporary suspension of licenses business, dissolved or liquidated either voluntarily or by force (except in the context of consolidation or merger), and/or its main assets are confiscated;
9. GANTI RUGI
Anda setuju untuk membebaskan Jubelio dari semua: tuntutan, gugatan, biaya kerugian, kerusakan, kehilangan dan pengeluaran dalam bentuk apapun (termasuk biaya dan biaya hukum yang wajar) yang timbul sebagai hasil dari pelanggaran Anda kepada Syarat dan Ketentuan yang tertera di Perjanjian ini.
10. FORCE MAJEURE
- Force Majeure refers to an event or a series of events beyond the control of either party that hinder the execution of the terms and conditions outlined in this Agreement. The event must be of such a nature that the parties cannot continue to perform their duties as per the agreement. These events include, but are not limited to, nationwide riots, regional or national health quarantines enforced by the government, epidemics or pandemics declared globally by the World Health Organization (WHO) that lead to the complete shutdown of all economic and banking activities in the country or region, earthquakes that cause significant damage to business infrastructure, floods that halt national economic and banking activities, natural disasters classified as national disasters by the National Disaster Management Agency (BNPB) of the Republic of Indonesia, nationwide strikes not related to Mayday, fires caused by reasons other than sabotage or human error, government policies that impede the Parties’ ability to fulfill their obligations under this Agreement, and any other circumstances that are beyond the control of the Parties, making it impossible for them to fulfill their obligations.
- In the event of Force Majeure, one Party cannot hold the other Party responsible for any difficulties or obstacles encountered. The Parties shall collaborate to resolve all issues arising from such situations, as suggested by the affected party.
- The Parties acknowledge that any payments due and payable to Jubelio under this Agreement before the occurrence of a Force Majeure event cannot be waived or postponed in the event of a Force Majeure.
11. COMPLIANCE WITH REGULATIONS
You represent and warrant that you have fully complied with all applicable laws and regulations relating to your business activities, operations, assets or property rights, and have not violated any of them. You further represent and warrant that there are no events or circumstances, whether or not with notification or lapse of time, that could result in a violation or conflict, or your failure to comply with any applicable laws and regulations.
12. GOVERNING LAW AND DISPUTE SETTLEMENT
These Terms and Conditions will be governed and construed in accordance with the laws of the Republic of Indonesia. Any unresolved issues or questions of interpretation arising in connection with these Terms will be resolved through amicable settlement. If an amicable solution cannot be reached within 30 calendar days, the dispute shall be resolved through arbitration under the regulations of the Indonesian National Arbitration Board (BANI), located at Wahana Graha Lt. 1&2, Jl. Mampang Prapatan No. 2, Jakarta 12760, in accordance with the applicable provisions of Indonesian law. The arbitration shall take place in Jakarta, the Republic of Indonesia. The arbitration panel shall consist of one arbitrator appointed by BANI. The award rendered by BANI shall be final and binding on both parties.
13. TERMINATION OF CONTRACT
- Trial Policy: Upon registering to access the Service, you may evaluate the Service during a pre-determined trial period without any obligation to continue using the Service. Should you decide to continue using the Service after the trial period has ended, billing will commence from the day you provide your billing information. If you choose to discontinue using the Service, you may delete your organization.
- Access Fee Subscription Refunds: Jubelio will not provide refunds for any remaining prepaid period on your Access Fee subscription.
- Automatic Renewal of Terms: This provision shall apply to the Access Fee period covered by the Payment article that has been or may be paid. These Terms will automatically renew for the same period at the end of each billing period, provided you continue to pay the Access Fee when due, unless terminated by either party with at least 30 days’ notice before the end of the relevant payment period.
- Failure to Resolve Violations: If you violate any of these Terms (including, but not limited to, non-payment of subscription fees) and do not resolve the violation within 14 working days after receiving notification of the violation, if the violation can be resolved.
- Unresolvable Violations: If you violate any of these Terms and the violation cannot be resolved (including, but not limited to, any violation of the Obligation point in point 2 or failure to pay Access Fees that are past the due date of more than 30 days).
- Termination: We may terminate this Agreement and your use of our Services and Website.
- Indefinite Suspension: We may suspend your access to the Jubelio Service and Website for an indefinite period.
- Data Access Suspension: We may suspend or terminate access to all Data or any Data.
- Accrued Fees: Termination of this provision does not reduce the rights and obligations of the parties accrued until the date of termination. Upon termination of this Agreement, you will remain liable for any accrued fees and amounts due for payment before or after termination and must immediately cease using our Services and Website.
- Waiver: If one party waives a breach of these Terms, it will not be considered a waiver of any other breach or claim. Waivers must be made in writing to be effective.
- Assignment: You may not assign or transfer your rights under these Terms without Jubelio’s written consent.
- Notices: Any notice required under these Terms must be in writing and sent via email. Notices to Jubelio should be sent to [email protected] or any other email address provided by Jubelio. Notices to you will be sent to the email address you provided when registering for our Services. All notices will be deemed received at the time of transmission.