Indonesia

Terms and Conditions

Welcome to the ShopKey/ShopKey Biz application. The following is an explanation for the terms of use of the application (“Terms of Use”). These Terms of Use apply to all users and visitors of the Platform (“User/s” or “you”). These Terms of Use are considered a part of, and should be read in conjunction with, our Privacy Policy.

Our Privacy Policy covers how we protect your personal data when you use the Platform and informs you about your privacy rights and how the law protects you. Everything related to the use of this application may be changed, modified, added or amended from time to time, without prior notice to you, at our sole discretion. You hereby agree and accept your responsibility to check these Terms of Use periodically. To check on any changes, modifications, additions or recent amendments to these Terms of Use, refer to the “last updated date” information stated above.

We use certain terms in capital letters, which are explained below;

Definition

Here are some explanations of words used in the Terms of Use of this application: 1. “Buyer” means a User who uses the Platform to view the Content of Goods and/or Services for the purpose of purchasing Goods and/or receiving Services offered by the Seller. 2. “Seller” means a User who uses the Platform to display and offer Goods and/or Services to Buyers.

“Goods” means all goods (including any part thereof) available for sale and published by the Seller on the Platform.
“Services” means all services offered to be provided by the Seller on the Platform.5. “Content” means all text, photos, images, illustrations, graphics, sound recordings, videos, audio-video clips and other content that you upload, post on, or through the Platform using the modes (desktop, mobile app, mobile lite, etc.) we provide to you. 6. “Platform” means the ShopKey/ShopKey Biz websites and mobile applications including any other ShopKey/ShopKey Biz technology or software that ShopKey/ShopKey Biz will develop from time to time. 7. “Logistics Service Provider” means a third-party logistics service provider who partners with ShopKey/ShopKey Biz for the delivery of Goods purchased through the Platform. 8. “Payment Service Provider” means a third-party payment service provider who partners with ShopKey/ShopKey Biz to process, transmit and facilitate payment methods on the Platform.

The terms “we” and “our” are used hereinafter in reference to “PT. Gamechange Solutions Indonesia”, “ShopKey/ShopKey Biz” and, in each case, its subsidiaries and affiliates.

Acceptance of this application’s Terms of Use

Every time you use, access, visit or view the Platform, you agree that you have read, understood, agreed to and are subject to these Terms of Use and our Privacy Policy including any changes, modifications, additions and/or amendments thereto from time to time. You understand, agree and acknowledge that these Terms of Use constitute a legally binding agreement between you and ShopKey/ShopKey Biz and that your use of the Platform will indicate your conclusive acceptance or approval of these Terms of Use.

ShopKey/ShopKey Biz may from time to time release new services, tools and features on the Platform. Your use of any of our new services will be governed by these Terms of Use from the time the new service becomes available.

However, if you do not agree to these Terms of Use, you must stop accessing or using the Platform. You hereby agree and promise to deactivate or delete your account from the Platform if you do not agree to these Terms of Use.

You are solely responsible for all access to the Platform (including any access made by others) using your account. If you use the Platform as an employee or representative of a company or organization, you represent and warrant that you are an authorized person of that company or organization or are authorized to represent such company or organization, and you agree to these Terms of Use on behalf of that company or organization.

You represent and warrant that you are permitted by all applicable laws and regulations to visit, access, view or use any features, devices and/or services available on the Platform, and have the necessary legal capacity and authorization (including approval from your parent or legal guardian for Users under the age of 18 (eighteen) years) to bind yourself to these Terms of Use.

Account Registration, Security and Payment

Account Registration

Every User who has registered on the Platform can open an online store and become a Seller on the Platform.
Currently ShopKey/ShopKey Bizdoes not charge any registration fee to Users, this policy may change as the ShopKey/ShopKey Biz product develops.
The Seller hereby understands that currently the Platform only accepts 1 (one) phone/mobile number to be used and registered for 1 (one) account/store. However, in the future, ShopKey/ShopKey Biz will be able to add several stores using only 1 (one) phone number. The Seller can update the telephone/mobile number recorded on the Platform by contacting our customer service through the contact information as stated here.
You agree to provide true, accurate and complete information on your account, including agreeing to maintain your account at all times and ensure that your payment details are up-to-date and current. You are solely responsible for any discrepancies or misstatements of identity or information you provide on your account. You further understand that we may request additional information, verification and other terms for your continued use of the Platform, and agree to provide the same.
After opening an online store on the Platform, the Seller has the right to publish and display the Goods and/or Services that they offer for sale or make available in the Seller’s
Sellers who have registered themselves on the Platform and are eligible to open an online store, are expected to publish the Content and details of their Goods and/or Services on the Platform within 100 (one hundred) calendar days from the date on which their online store registration is received by us. If within the specified period, the Seller has not published any Content on the Goods and/or Services they offer, and/or if there is no activity recorded in their respective account or online store, then the Seller agrees and acknowledges that we have the right to make changes and/or adjustments to their online store on the Platform, including closing, disabling, deleting or suspending the online store and/or the Seller’s account, without prior notice or the right to receive any compensation from us.
You agree not to use, or attempt to use the Platform for any purpose that is unlawful or prohibited by these Terms of Use or any applicable laws and regulations, including but not limited to:
7a. Create and/or use any hardware, software, features, and/or other devices for the purpose of manipulating the Platform system or making copies of the Platform or part of the Platform, including (i) manipulation of Content; (ii) encroachment activities (crawling/ scraping); (iii) automation activities in transactions, buying and selling, promotions, and others (iv) addition of products to the catalog; and/or (v) other activities that can reasonably be considered as manipulative actions against the Platform system;
7b. Collect or store personal data about other Platform Users in connection with prohibited behavior and activities mentioned in these Terms of Use;
7c. Abuse or interfere with the operation of the Platform or the servers and/or networks connected to the Platform, including installing, sending, transmitting, uploading, or otherwise making available any material that contains software viruses, worms, other computer codes, documents or programs designed to interfere with, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
7d. Gain unauthorized access to any part or feature of the Platform, including taking any action that has a negative impact or causes inconvenience to other Users;
7e. Impersonate any person or entity, falsely state or misrepresent your affiliation with any person or entity; and
7f. Remove any copyright, trademark or other intellectual property rights notices from the Platform.

We are authorized to make changes to and/or delete any ratings and/or reviews made by Buyers for the Seller’s online store on the Platform, if the ratings and/or reviews are not in accordance with these Terms of Use, including those containing:

8a. Any inappropriate or offensive language. Inappropriate or offensive language includes, but is not limited to, anything that is sexual, abusive, defamatory, vulgar, obscene, indecent and hateful or contains racial, ethnic or inappropriate material of any kind;

8b. Any images, videos or other Content that in any way shows racism, discrimination, demeaning treatment, harassment, vulgarity, threats or other attitudes that are contrary to social values, norms, applicable laws and regulations, and policies set by ShopKey/ShopKey Biz;
8c. Content that harasses or personally attacks others, including, but not limited to, acts that are unlawful, harmful, threatening, abusive, harassing, libelous, vulgar, obscene, indecent, hateful and racially, ethnically or otherwise objectionable conduct is not permitted; or any other actions that have the potential to cause conflict against
individuals, groups or institutions and that have the potential to give rise to unfair competition; and/or
8d. Any images of a sexual or offensive nature.

Sellers are prohibited from duplicating online stores or their products on the Platform, or taking other actions that may be indicated as unfair competitive efforts. Sellers have the right to change their online store name and/or subdomain or account name on the Platform in accordance with these Terms of Use. Sellers must, at all times, ensure that changes to their online store name and/or subdomain or account name on the Platform are as intended and subject to the provisions of these Terms of Use. The Seller hereby understands and acknowledges that they are fully responsible for any changes made by them to their online store name and/or subdomain or account name on the Platform. The Seller hereby agrees and acknowledges that any transaction or other legal relationship made prior to such changes with the online store name and/or subdomain or previous account name of the Seller on the Platform will continue to bind the relevant Seller.
We reserve the right, in our sole discretion and without notice, to:
10a. Prohibit any User from using specific features, devices and/or services available on the Platform;
10b. Terminate your access and/or block you in the future to the Platform;
10c. Pre-filter, delete, or change any listing related Content, Items and/or Services;
10d. Close, delete, or suspend an account and/or your online store on the Platform; and/or
10e. Take any and all necessary actions, against failure to comply with or against actions that violate these Terms of Use, and/or applicable law, including if the transaction involving you is or is suspected to be fraudulent or misleading, or if you do not have permission and/or approvals needed to sell Goods and/or provide Services that you offer on the Platform.

We have the authority to adjust the number of transactions or the reputation score of the Seller’s online store, or carry out the process of adjusting/closing your account, if it is suspected that there is fraud committed by the Seller with the aim of manipulating the number of transactions they complete or improving the reputation of their online store (such as, through reviews and/or number of transactions), for example, if the Seller purchases the Goods from their own online store on the Platform using their other personal account or the personal account of another party.

Content

When using any features and/or services available on the Platform, including for the purposes of promotion, posting, submission, transmission, uploading, storage of your online store, your Goods and/or Services or in providing any Content, you agree not to, or try not to:
1a. Violate any patent, copyright, trademark right, privacy right, publicity right, trade secret right, confidentiality right, contractual right, or other rights of any individual, living or deceased, or any entity;
1b. Upload images, videos or other Content that in any way shows racism, discrimination, demeaning treatment, harassment, vulgarity, threats, or other attitudes that are contrary to social values, norms, applicable laws and regulations, and policies set by ShopKey/ShopKey Biz;
1c. Use inappropriate or offensive language. Inappropriate or offensive language includes, but is not limited to, anything that is sexually, abusive, defamatory, vulgar, obscene, indecent and hateful or contains material that is racially, ethnically or otherwise objectionable in any form;
1d. Upload or use any Content that advertises or promotes sites, mobile applications, and/or any other media other than the Platform;
1e. Harass or personally attack others, including but not limited to acts that are unlawful, harmful, threatening, abusive, harassing, libelous, vulgar, obscene, indecent, hateful and any racially, ethnically or otherwise objectionable conduct which is not permitted, or any other actions that have the potential to cause conflict against individuals, groups or institutions and that have the potential to give rise to unfair competition;
1f. Display any images of a sexual or offensive nature. Encourage illegal behavior, violate the rights of others, or violate applicable local, national or international laws;
1g. Use any Content that is copyrighted or trademarked or protected by other applicable intellectual property rights, unless you are the owner of the material or have the appropriate license or authorization; and
1h. ShopKey/ShopKey Biz reserves the right to take action against violations of the above-mentioned prohibitions, including without limitation, removal of such prohibited Content, alteration of the online store and blocking of the associated Seller’s account.

The User hereby understands and agrees that the misuse of the images or photos uploaded by the User to the Platform is the User’s own responsibility.
It is prohibited to post or upload any Content that can create any form of advertising or promotion on other sites, mobile applications and/or any other media other than the Platform.
The Seller hereby represents and warrants that all Content uploaded or posted to the Platform is not categorized as prohibited Content, as set out in point 1 above, or does not violate the ownership rights or intellectual property rights of other parties. If any Content uploaded by the Seller is found to violate the prohibition set forth in point 1 above, or if there are reports of violations of the rights of other parties, ShopKey/ShopKey Biz reserves the right to take necessary actions to resolve such violations, including, but not limited to, removing the Content, and take such other action as ShopKey/ShopKey Biz deems necessary in its sole discretion.

By uploading or posting any Content to the Platform, you have agreed to grant ShopKey/ShopKey Biza non-exclusive, globally valid, perpetual, irrevocable, royalty-free and licensable right (at multiple levels), to exercise any and all copyright, publicity, trademark, database rights and intellectual property rights that Users have in Content, on any known media now or in the future. Further, to the extent permitted by applicable law, you hereby waive any moral rights in such Content and undertake not to make any claim or demand of such moral rights against ShopKey/ShopKey Biz.
The User represents and warrants that any Content uploaded or posted to the Platform does not infringe the intellectual property rights of third parties. Each User hereby agrees to be personally responsible for any infringement of third party intellectual property rights arising from any Content uploaded or posted to the Platform by the User.
While we always strive to provide reliable information, we cannot guarantee that Seller’s catalog is always accurate and current, and Users hereby agree not to hold ShopKey/ShopKey Bizliable for any misinformation in the catalog. Catalogs may contain copyright, trademark or other intellectual property rights.
All Users can customize or design their own catalog using the tools available on the Platform, including offering promotions for the sale of their Goods and/or Services. The Content or material shown or displayed on the Platform is subject to these Terms of Use and applicable laws, including applicable advertising regulations and codes of conduct.
Users are fully responsible for all Content uploaded and/or posted to the Platform, and we will not, in any way or in any form, be responsible for any false information that may be provided by Users or other parties on the Platform.
ShopKey/ShopKey Bizreserves the right to, from time to time, remove any Content uploaded and/or posted to the Platform, which in ShopKey/ShopKey Biz’s sole opinion violates these Terms of Use and applicable laws and regulations, including applicable advertising regulations and codes of conduct.
To the extent permitted under the Google Play Store Policies and/or App Store Review Guidelines (as applicable), the sale of tobacco products and/or e-cigarettes is only permitted to be sold in the following 6 (six) categories:
a) Any other Adult Product Category;
b) Category of electronic cigarettes (e-cigarettes);
c) Liquid Vape Category;
d) Vaporizer Package Category;
e) MOD category; and/or
f) Atomizer category.
ShopKey/ShopKey Bizreserves the right to, from time to time and without prior notice, remove Content that sells electronic cigarette products, electronic cigarette devices, electronic cigarette liquids, and/or products containing tobacco from the Platform, including, but not limited to, tobacco products, nicotine, liquid vape, mod, pod, heatstick, vaporizer and/or electronic cigarette (e-cigarette), referring to the policies of the Google Play Store, or any other application marketplace where the Platform may be available now or in the future (including but not limited to on the App Store, as applicable).
ShopKey/ShopKey Bizreserves the right to, from time to time and without prior notice, degrade the reputation of the Seller’s online store or make changes to the Seller’s online store on the Platform, if there is an allegation that the Seller is manipulating the Content as mentioned in point 12 above, including but not limited to the manipulation of product names, images, descriptions, and/or other activities with the aim of manipulating the Content as referred to in point 12 above so that the Seller can continue to offer its Goods and Services through the Platform.

Users are also required to comply, at all times, with the Google Play Store policies and restrictions as well as the App Store Review Guidelines and/or any other application marketplace where the Platform may be available now or in the future (as applicable) in relation to prohibited and restricted Content.

Prohibited Goods and Services

The following Goods and Services are prohibited and/or restricted for sale by Sellers to Buyers on the Platform:

Materials classified as hazardous materials based on the applicable Regulation of the Minister of Trade of Indonesia.
All types of drugs and other substances whose distribution is prohibited or restricted based on the prevailing laws and regulations, including, but not limited to, the Narcotics Law, Psychotropic Law and Health Law in Indonesia. Included in this provision are strong drugs, drugs that require a doctor’s prescription, anesthetics and similar drugs, or drugs that do not or have not obtained a distribution permit from the Food and Drug Supervisory Agency (BPOM).
Cosmetics and food and beverages that may endanger the health of consumers, or do not or have not obtained a distribution permit from the Food and Drug Supervisory Agency (BPOM).
Other Goods whose ownership and distribution violates the prevailing laws and regulations in Indonesia.
Certain products that are required to have (a) Indonesian National Standards, (b) instruction manuals in Indonesian, or (c) labels in Indonesian, where these products have been sold without them.
Used underwear.
Police attributes.
Animals.
Stamp.
Gambling equipment.
Pesticides
Goods acquired by theft.
Advertising
Alcoholic drinks.
Government uniforms.
Human body parts/organs.
Government and travel documents.
Goods that violate copyrights, including, but not limited to, any media in the form of books, CDs, DVDs, VCDs, electronic information and/or documents, and any other media that violates the Indonesian Copyright Law.
Goods with exclusive distribution rights that can only be traded with a direct sales system by authorized Sellers and/or Goods with a multi-level marketing sales system.
Adult sexual aids, including, but not limited to, stimulant drugs, sexual aids containing pornographic content, and other similar drugs, either with or without marketing authorization from the Food and Drug Supervisory Agency (BPOM), and regardless of whether the distribution of drugs and Goods are prohibited by applicable laws and regulations.
All types of Goods and/or Services containing gambling, lottery and/or betting content.
All types of posts that have a negative impact on the use of the Platform.
Firearms, sharp weapons, air rifles and other weapons of any kind.
List of names and addresses (mailing list) and personal information.
Goods and/or Services that harass certain party(s) or race(s) or can demean other people.
Unlocker and all accessories supporting the act of robbery or theft.
Explosive, flammable or combustible items.
Printed or recorded Goods whose contents can disturb security and order as well asnational stability.
Cash, including foreign currency, unless the Seller has and can include a license as a Non Bank Foreign Exchange Business Operator based on Bank Indonesia Regulation No.18/20/PBI/2016 and/or other regulations related to foreign exchange.
Signal scrambler, signal remover, and/or other tools that can interfere with the signal or telecommunications network.
Amulets and other items that are claimed to have supernatural powers and provide supernatural knowledge.
Official documents such as TOEFL certificates, diplomas, doctor’s prescriptions, bills and other similar documents.
Any other Goods that violate the laws and regulations regarding the delivery of goods applicable in Indonesia.
Any other Goods and/or Services that violate the laws and regulations applicable in Indonesia.

In addition to the prohibited and/or restricted Goods and Services above, the User must always comply with the Google Play Store policies and restrictions and the App Store Review Guidelines (as applicable), and any applicable laws and regulations.

Payment Terms

Buyers will make payments for the Goods and/or Services that they want to buy and/or receive from the Seller, either by cash payment at the time of delivery (cash on delivery), transfer to a bank or electronic wallet with payment methods available on the Platform, or other means. outside the Platform as agreed between the Buyer and the Seller. You understand that any payment transactions made between the Seller and the Buyer outside the Platform will not be automatically recorded on the Platform.
Except for payment for Goods where the purchased Goods are delivered to the Buyer by our Logistics Service Provider, all payments made by the Buyer for the purchase of Goods and/or use of the Services will be sent directly to the Seller’s bank account or electronic wallet. The Buyer will only pay in cash if the Buyer wants to use cash payment services at the time of delivery (cash on delivery (COD)). The Buyer is required to pay the full amount of the Goods and/or Services purchased and cannot divide the payment amount into two or more payment methods.
You understand and acknowledge that ShopKey/ShopKey Bizis not responsible for claims for payment or refunds requested by Buyers or Sellers in connection with transactions of Goods and/or Services either through the Platform or outside the Platform. You agree and acknowledge that we are not a party to any transaction or agreement between you and other Platform Users. You understand that the Platform is not currently facilitated with an escrow account feature. The Buyer hereby agrees not to make any claim or demand against ShopKey/ShopKey Biz for the failure of delivery of the Goods and/or Services that have been paid for by the Buyer. Buyer further agrees that ShopKey/ShopKey Biz is not responsible for refunding the amount paid for Goods purchased from, and/or Services provided by, any Seller. Seller also hereby agrees not to make any claims or demands against ShopKey/ShopKey Biz for payments not made by Buyers, for Goods and/or Services that have been delivered or provided by Seller to Buyers. You acknowledge and agree that ShopKey/ShopKey Biz is not responsible for any loss, damage, or claim that may arise from transactions, where we also have no control over the quality or accuracy of the Goods and/or Services of the Sellers who contract with you through the Platform including, but not limited to, losses, damages. or claims that may arise as a result of fraud or malicious behavior of Seller or Buyer in a transaction.
The Seller agrees that if the logistics/delivery service within the Platform is used, the payment from the Buyer must be made through the third-party payment integration platform and the money from the respective transaction will be settled to the Seller following the transaction settlement SOP, including the refund rules. This may take between 2-10 days depending on the courier service used, the payment options chosen by the Buyer and any disputes arising between the Buyer and the Seller.

ShopKey/ShopKey Biz will cooperate with Payment Service Providers in facilitating payments made on the Platform. To provide this facility, ShopKey/ShopKey Biz may require a licensed Payment Service Provider to hold and settle funds in accordance with SOPs to ensure that valid transaction, cancellation and refund protocols are followed. By submitting your payment information on the Platform, you authorize ShopKey/ShopKey Biz to provide that information to our Payment Service Providers to facilitate payments. You acknowledge and understand that you may become subject to additional terms and conditions applicable to the relevant Payment Service Provider, and we advise you to review and examine the terms and conditions of the relevant Payment Service Provider. You acknowledge and understand that Payment Service Providers may experience unintended technical failures, issues or interruptions in forwarding, processing or transmitting payments made by Buyers to your bank account or electronic wallet account. In such circumstances, you agree and undertake not to make any claim or demand against us for any and all damages and losses (including, but not limited to, loss of money, reputation, profits or other intangible losses) that may arise directly or indirectly due to late payment disbursement.

Commission

Here are some things to consider when calculating commissions:

You understand that ShopKey/ShopKey Bizmay, from time to time, charge or impose commissions or fees for the use of any part, feature, device or service on the Platform. You are deemed to agree and accept the commission or fees charged to you by continuing your use of certain parts, features, tools or services on the Platform.
We will notify Users of any new commission system that will be implemented in the future on transactions on the Platform. Such notification will be made by, among other things, updating the provisions in these Terms of Use.
You further agree and acknowledge that any payment terms submitted to you in the process of using the Platform are considered part of these Terms of Use.

Prices and Transactions

The price of Goods and Services displayed on the Platform is the price set by the Seller. Sellers are prohibited from manipulating the prices of Goods and/or Services on the Platform in any way.
Sellers are prohibited from setting unreasonable prices for the Goods and/or Services they offer on the Platform. ShopKey/ShopKey Bizreserves the right to take any action in such an event, including, but not limited to, conducting an investigation or examination, delaying or deleting the related Content and taking other actions at ShopKey/ShopKey Biz sole discretion as deemed necessary on the basis of an unreasonable price set by the Seller.
Buyer understands and agrees that any misinformation of Content and other information caused by the failure of Buyer’s website or Buyer’s internet service provider to reload the Platform will be Buyer’s own responsibility, and that Buyer will not hold ShopKey/ShopKey Biz responsible for this.
Seller understands and agrees that any typographical error that causes any Content (including prices) or other information to be untrue or inaccurate is the Seller’s sole responsibility, and that Seller will not hold ShopKey/ShopKey Biz liable for this. With due regard to the matters mentioned above, please note that if the Seller accidentally mistypes any information regarding the price of their Goods and/or Services, then the Seller has the right to refuse the order for the said Goods and/or Services from the Buyer.
The User hereby understands and agrees that any problems and/or conflicts that arise from, or are related to, misunderstandings between the Seller and the Buyer of the Goods and/or Services being transacted (for example, regarding the details and prices of the Goods and/or Services) are not the responsibility of ShopKey/ShopKey Biz, and the User hereby agrees not to hold ShopKey/ShopKey Biz liable for this.
By placing an order to purchase Goods and/or Services through the Platform, the User agrees to pay the purchase price of the Goods, and/or fees for the Services, in full, as displayed on the Platform when the order process is made through the Platform and where the purchase price or fees includes the price for the Goods or Service fees, the shipping costs and other fees that may be charged and detailed explicitly on the payment page on the Platform. The User hereby agrees to make payment for the purchase price through the payment method chosen by the User.
The Platform only accepts Goods and Services buying and selling transactions in Indonesian Rupiah currency.

Account Security

Regarding the security of your account and the User, it is necessary to pay attention to the following things:

You are personally responsible for maintaining the security and confidentiality of the information you store for your account (including your account name, payment details and the relevant telephone/mobile number registered or associated with your account.) You are fully responsible for any activity that occurs on your account, including any losses incurred by ShopKey/ShopKey Biz or other Users resulting from any activity that occurs with your account, and the use of your account by others as a result of your failure to keep your account information safe and confidential.

ShopKey/ShopKey Bizwill not ask for your username or verification code (including your one-time password (OTP) sent via text message or WhatsApp application) for any reason. Therefore, we urge you not to provide data related to your account to any party, especially to parties claiming to be, or claiming to act for and on behalf of, ShopKey/ShopKey Biz.
You agree to ensure that you will log out of your account after using the Platform and immediately notify us of any unauthorized use of your username, or any other breach of security. We may, at our discretion and without prior notice, delete or suspend your account to protect you, ShopKey/ShopKey Biz, or our affiliates, from identity theft or other fraudulent activity.
You understand and agree that in order to use the one-time-password (OTP) security feature, telecommunication service providers may, from time to time, charge certain fees to Users.
You understand and agree that ShopKey/ShopKey Bizwill not be liable for any loss or damage arising from your failure to maintain the security and confidentiality of your account, including unauthorized access as a result of assigning your account username to third parties, lending your account to third parties, accessing links provided by other parties, giving or showing your one-time-password (OTP) to other parties, and any form of your negligence that causes losses or problems with your account on the Platform. You understand that we have no obligation whatsoever to recover your data and information stored on or as part of your account.
You have the option of permanently deleting your account on the Platform by contacting our customer service via the contact information as stated herein. You understand that deleting your account may affect all Content and data associated with your account. You agree that we have no obligation whatsoever to recover your Content, data and information stored on or as part of your account, once you have deleted it.

Catalog Feature Settings

Sellers are prohibited from using catalog features (including, but not limited to, information display features on Seller’s online stores) as advertising or promotion media for websites, mobile applications and/or any other media used to promote their products and/or services other than the Platform.

When using the catalog feature, ShopKey/ShopKey Bizstrictly prohibits the Seller and/or the User for the following things:
1a. Harassing or personally attacking another person, including, but not limited to unlawful, harmful, threatening, abusive, harassing, libelous, vulgar, obscene, indecent, hateful and including any material that exhibits racial, ethnical or otherwise objectionable conduct, or other actions that may cause conflict against individuals, groups, or institutions and that have the potential to create unfair competition;
1b. Using inappropriate or offensive Language including, but not limited to, anything that is sexual, abusive, defamatory, vulgar, obscene, indecent, and hateful or contains material that is racially, ethnically or otherwise objectionable in any form;
1c. Display any images of a sexual or offensive nature; and
1d. Upload images, videos or other Content that in any way shows racism, discrimination, demeaning treatment, harassment, vulgarity, threats or other attitudes that are contrary to social values, norms, applicable laws and regulations, and policies set by ShopKey/ShopKey Biz.

ShopKey/ShopKey Biz reserves the right to take action against violations of the above-mentioned restrictions, including, without limitation, removing such prohibited Content and making changes to the Seller’s catalogue.

Any Content, samples, images, illustrations, or any descriptive items posted by the Seller, including any details of the Goods and/or Services contained in the Seller’s catalog, shall be made solely for the purpose of providing an overview of the described Goods and/or Services based on facts, the actual specifications and/or conditions of the said Goods and Services. Sellers are not allowed to include Content, names, details, pictures, photos and/or text that are unrelated and/or not in accordance with the actual facts, specifications and/or conditions of the Goods and Services. Buyers and Sellers are allowed to communicate directly within or outside the Platform about any information related to the Goods sold and/or Services offered by the Seller.
Sellers may include reference videos in their catalogs sourced from third party sites, including, but not limited to, YouTube and Google, but always be subject to the policies of the relevant third party site organizers.
ShopKey/ShopKey Bizreserves the right, without prior notice, to revoke subsidies or cashbacks, cancel prize benefits, downgrade Content and/or make changes to the Seller’s online store, in the event of any violation of the provisions in item 3 of the Catalog Settings section above.
Sellers are required to categorize each Goods and/or Services with different sizes and prices, and ensure that they have the necessary permits and/or approvals to sell the Goods and/or provide the Services they offer on the Platform.
ShopKey/ShopKey Bizhas the right to reclaim and/or deactivate the Seller’s subdomain if the Seller’s account on the Platform is inactive for more than 90 (ninety) calendar days, and/or if the rightful owner of the trademark (as registered/announced in the General Register of Trademarks in Indonesia), with the same subdomain name as the relevant Seller, has submitted a claim to the Seller for the subdomain name.
ShopKey/ShopKey Bizreserves the right to make any changes to the name and/or use of any Seller’s online store name and/or subdomain name for ShopKey/ShopKey Biz’s internal use, and/or if a Seller’s online store and/or subdomain name includes:
7a. Any inappropriate or offensive language. Inappropriate or offensive language includes, but is not limited to, anything that is sexual, abusive, defamatory, vulgar, obscene, indecent, and hateful or contains material that is racially, ethnically or otherwise objectionable in any form;
7b. Any images, videos or other Content that in any way shows racism, discrimination, demeaning treatment, harassment, vulgarity, threats or other attitudes that are contrary to social values, norms, applicable laws and regulations, and policies set by ShopKey/ShopKey Biz;
7c. Content that harasses or personally attacks others, including, but not limited to, acts that are unlawful, harmful, threatening, abusive, harassing, libelous, vulgar, obscene, indecent, hateful and racially, ethnically or otherwise objectionable which are not permitted, or any other actions that have the potential to cause conflict against individuals, groups or institutions and that have the potential to give rise to unfair competition; and/or
7d. Any images of a sexual or offensive nature.

Shipping and Shipping Fee

Delivery of Goods from the Platform will be carried out by the relevant Seller or by a third-party Logistics Service Provider that has been approved by ShopKey/ShopKey Biz. When the Buyer places an order for Goods, the Buyer must select an available shipping option specified by the Seller and is responsible for paying the specified shipping costs for that delivery option.
You understand and acknowledge that ShopKey/ShopKey Bizhas made its best efforts in providing Buyers with correct and complete information about shipping costs, reliant on the accuracy of the delivery location you specify. However, we cannot guarantee the accuracy of the location data received by our Logistics Service Provider near your delivery location. Therefore, we highly recommend the Seller to compare the shipping costs displayed on the Platform with the shipping costs charged by the relevant Logistics Service Provider. You agree and understand that we are not responsible, and you will not make any claims or demands against us if there is a difference between the shipping costs displayed on the Platform and the shipping costs charged by the relevant Logistics Service Provider.
You hereby understand and acknowledge that any discrepancy in the cost of shipping the Goods is not ShopKey/ShopKey Biz’sresponsibility and you will not hold ShopKey/ShopKey Biz liable for this, and therefore, it is the sole discretion of the Seller to choose whether to cancel or continue delivery of the Goods.
For the avoidance of doubt, there are only 3 (three) options available for the delivery of Goods and payment of shipping costs within the Platform, which are as follows:
i. Cash on Delivery (Cash on Delivery) paid to Seller or to the Logistics Service Providers, as and when applicable:
The purchased goods will be sent to the Buyer by the Seller by utilizing their own employees, and the Buyer will pay for the Goods by way of cash payment at the time of delivery (cash on delivery) to the employee of the Seller who delivered the Goods. The full responsibility of this mode of payment rests with the Seller and the platform has no role in settlement and disbursement in this regard. If the platform provides third party logistics services that provide COD services, the terms and conditions will be updated to accommodate this change.
ii. Online Payments on the Platform and Self Collection:
The Buyer will pay for the Goods directly through the payment methods available on the Platform to the Seller’s bank account or electronic wallet, and the purchased Goods will be personally picked up by the Buyer or sent directly to the Buyer by the Seller through other delivery options outside the Platform.
iii. Off-Platform Payments and Self-Collecting:
The Buyer will pay for the Goods directly to the Seller outside of the options available on the Platform, and the Goods purchased will be personally picked up by the Buyer or sent directly to the Buyer by the Seller through other delivery options outside the Platform.

All provisions relating to the process of delivering Goods are subject to the policies and authorities of the relevant Logistics Service Provider.
The seller is required to meet the criteria and conditions set by the Logistics Service Provider for the delivery of the Goods. You hereby understand and agree that any and all problems that arise in the process of delivering the Goods by the Logistics Service Provider are entirely the responsibility of the Seller and the relevant Logistics Service Provider, and must be resolved between the Seller and the relevant Logistics Service Provider. You agree not to hold ShopKey/ShopKey Biz liable for any of this.
If there are Goods that have been sold and sent by the Seller to the Buyer that the Buyer wants to return, then the Seller and the Buyer concerned are obliged to deal directly with each other to process the return of the Goods. ShopKey/ShopKey Biz does not, under any circumstances, accept the return or delivery of Goods transacted between Users.
Further information about our Logistics Service Provider and the applicable terms of delivery of Goods is available on the Logistics Service Provider’s website or other marketing materials.

Promo

We may, from time to time, conduct promotional activities on the Platform, either by ourselves or by cooperating with any third-party (hereinafter referred to as “Promo”). Each Promo may be subject to terms and conditions that are different from other Promos, and we will make the terms and conditions for each ongoing Promo available on our Platform for Users. Users are encouraged to read the terms and conditions that may be uploaded by us from time to time. By participating in the Promo, the User is deemed to have read and understood the relevant terms and conditions.
Users can only use 1 (one) Platform account to participate in each available Promo. If it is found that the creation of more than 1 (one) account registered on the Platform by 1 (one) User who has the same account information and/or the same payment identity, then the User is not entitled to benefit from our Promo.
In the event that ShopKey/ShopKey Bizprovides a shipping fee waiver/discount Promo:
3a. If there is a difference in the weight of the Goods listed in the product details and the actual weight of the Goods, as reported by the Buyer to the Logistics Service Provider, the amount of the shipping cost subsidy that will be given will refer to the information provided by the relevant Logistics Service Provider; and
3b. Sellers who are entitled to postage subsidies are Sellers who have valid invoices. Sellers using invalid invoices are not entitled to a shipping fee subsidy.

ShopKey/ShopKey Bizreserves the right to, without prior notice, take necessary actions, including, but not limited to, revocation of subsidies or cashbacks, canceling prize benefits, revoking Promos, canceling transactions, bringing down the Seller’s online store reputation, closing Seller’s online store or deleting the User’s account on the Platform, if, among other things, there is manipulation, use of invalid transaction invoices, heavy manipulation of the product in the product details, violation or use of Promos for the User’s personal gain, indications of fraud or malicious behavior from Users, or violations of these Terms of Use and/or applicable laws and regulations.

Intellectual property rights

You agree and acknowledge that the Platform, including any features or tools available on the Platform, may contain proprietary and confidential information including copyrights, trademarks, service marks and patents protected by applicable intellectual property laws and international intellectual property treaties. ShopKey/ShopKey Biz permits you to view and make one copy of any portion of the Content that is reasonable for offline, personal, non-commercial use, provided that copy is properly linked to ShopKey/ShopKey Biz. No Content may be sold, reproduced, modified, published, distributed or exploited whether in print, electronic or other form (including derivative works of any kind) or made available in any way, for commercial or public purposes without our prior written permission. Trademarks, service marks and logos of third parties are the property of their respective owners. Further rights not specifically provided for in these Terms of Use are protected under the applicable provisions.

Unless expressly provided otherwise, intellectual property rights relating to any data and information collected, extracted, compiled, synthesized, processed, analyzed, or generated by ShopKey/ShopKey Biz, or the use of any services, features or devices available on the Platform, are owned by ShopKey/ShopKey Biz, and may not be sold, reproduced, modified, published, distributed or exploited whether in print, electronic or any other form (including derivative works of any kind) or made available in any way, for commercial or public purposes without ShopKey/ShopKey Biz’s prior written consent.

Unless expressly provided otherwise, nothing in these Terms of Use shall apply, or be construed as a transfer or removal of any intellectual property rights of ShopKey/ShopKey Biz or any third party to you.

Further Guarantee

By using every feature available on the Platform, the User hereby agrees that he understands and agrees to all the terms and conditions that are specifically regulated for that feature.
Any other matters that are not and/or have not been specifically regulated in the terms and conditions for that specific feature will be subject to the general terms and conditions of the Platform as set out in these Terms of Use.

Warranty and Limited Liability Disclaimer

The Platform is a web portal with a model for Users to be able to become Sellers or Buyers on the Platform. Thus, every transaction that occurs is a transaction between Platform Users, so the User hereby agrees and acknowledges that ShopKey/ShopKey Biz’s responsibility in this case is only limited to ShopKey/ShopKey Biz as a web portal service provider.

ShopKey/ShopKey Biz always strives to provide Users with safe, enjoyable and well-functioning services. However, we cannot guarantee that the operation or continued access to our Platform will always run smoothly and flawlessly. We also cannot guarantee that all information and data contained on the Platform is up-to-date (real-time), nor can we guarantee that such information and data is up-to-date.

You hereby understand and agree that you are using our Platform at your own risk, and that the Platform and any Content therein are provided to you “as is” and “as available.” To the extent permitted by applicable law, we make no express or implied warranties, endorsements, or representations regarding the operation of the Platform or the Content therein. This includes, but is not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement, as well as warranties stating access to, or use of, the Platform will be uninterrupted or error-free or that defects in it will be corrected. You also understand that your internet connection, internet security program, browser selection and other factors may also affect the performance of the Platform.

Furthermore, to the extent permitted by applicable law, you also agree that ShopKey/ShopKey Biz (including, but not limited to, its parent companies, affiliates, subsidiaries, shareholders, directors, commissioners and employees) is not liable, and you hereby agree not to make any demand or claim against us for any and all damages and losses (including, but not limited to, loss of money, reputation, profits or other intangible losses) which may arise directly or indirectly due to:

Any misuse of the Goods or Services purchased by the Buyer;
Use of, or the User’s inability to properly use, any services on the Platform;
Prices, shipping or other instructions available on the Platform;
Hacking of the User’s account by any third party.
Any glitches, bugs, errors or inaccuracies in the Platform;
Any delay or disruption of the Platform;
Delays in forwarding, processing or transmitting payments made by the Buyer to the Seller’s bank account or electronic wallet account;
Negligence and losses incurred by the User;
Goods and/or Services quality;
Delivery of Goods and/or Services;
Violation of any intellectual property rights;
Disputes among Users;
Defamation of other parties;
Any damage to your PC, laptop, mobile phone or other electronic device that you use to access our Platform, due to the use of any of the services on our Platform;
Delivery of the Goods, which is covered by an official warranty from the relevant manufacturer, to a service center. The Buyer has the right to send the Goods himself to the nearest service center with a warranty card and purchase order;
Any viruses or malware (for example, bots, scripts, automation tools and hacking tools) obtained from access to or connection to our Platform services;
Any third-party content, actions or omissions, including those related to any Goods transacted on the Platform that are suspected of being counterfeit goods;
The act of exercising any rights performed on the User’s account;
Losses incurred due to unauthorized payments to other parties, claiming to act on behalf of ShopKey/ShopKey Biz, or negligence in entering bank account numbers, electronic wallet information and/or other information, or negligence of the bank concerned.

Contact us

If you have any questions about these Terms, please contact us at

help@ShopKey.com

Compensation

If you have a dispute with another User or other third party, you hereby agree to release, hold harmless and indemnify ShopKey/ShopKey Biz (including, but not limited to, its parent company, affiliates, subsidiaries, shareholders, directors, commissioners and employees) against any and all demands or claims for damages, expenses and losses (actual or contingent) of any kind and nature, arising out of, or in any way related to, the dispute, including, but not limited to, losses arising from the purchase of any Goods and use of any Services as set out in the “Products and Services” section of these Terms of Use. Therefore, you hereby agree and expressly waive any and all rights and remedies under applicable laws and regulations which will limit the scope and rights of ShopKey/ShopKey Biz under this “Indemnity” clause.

Furthermore, the User hereby also agrees to release, hold harmless, and indemnify ShopKey/ShopKey Biz (including, but not limited to, its parent company, affiliates, subsidiaries, shareholders, directors, commissioners and employees) against any and all claims or demands from any third parties, including reasonable legal fees incurred by ShopKey/ShopKey Biz due to your violation of these Terms of Use, any misuse of our Platform or our services and/or your violation of laws and regulations or third party rights.

Choice of Law

These Terms of Use are regulated and interpreted based on the laws of the Republic of Indonesia, without considering any conflicts of law. You agree that any and all disputes arising out of, or relating to, these Terms of Use (“Disputes”) will be endeavored to be resolved amicably within a period of 30 (Thirty) days. If an amicable settlement is not successful within that period, you agree that the Dispute will be referred to, and resolved through, the South Jakarta District Court of the Republic of Indonesia.

Changes to Terms of Use

We reserve the right to change, modify, add, or amend these Terms of Use from time to time without prior notice to the User, and any changes will be posted on this page. By continuing to use our Platform after such changes, modifications, additions, and/or amendments to these Terms of Use, you agree to such changes, modifications, additions and/or amendments. We advise you to periodically check and review any changes, modifications, additions, and/or amendments to these Terms of Use.

Notifications

We may send receipts, invoices, notifications, newsletters, promotions, alerts and other information through your registered telephone number. You can choose not to receive messages at any time by changing the preferences and settings in your account. You acknowledge that your choice not to receive messages may affect your use of the Platform. For some messages in connection with our services that we consider important, it is possible that you will not be given the option of opting out of receiving such messages.

Entire Agreement

These Terms of Use constitute the entire agreement between you and ShopKey/ShopKey Biz with respect to the subject matter of these terms and conditions, and supersede any prior versions of these Terms of Use.

Additional terms and conditions may apply to purchases of Goods or Services and to certain portions of the Platform or Content, including promotions or other similar features, all of

which form part of these Terms of Use by reference. If there is a conflict between these Terms of Use and the terms posted or applicable to a particular part of the Platform or Content, then the terms posted or applicable to that particular portion of the Platform or that Content will prevail in relation to your use of that particular portion of the Platform or Content.

You may be subject to additional terms and conditions when you use, purchase, or access other services, affiliate services or third party Content or materials.

Separation

If any provision of these Terms of Use, or its application to any situation or circumstance, becomes invalid or unenforceable, then the other provisions of these Terms of Use will not be affected, and any other provisions must remain in full force and effect.

Terms and Conditions EN

Daftar Isi