Customer Terms & Conditions

GENERAL TERMS AND CONDITIONS OF THE USE OF BUKUJANJI  

 

The terms and conditions stipulated below set out the use of service from PT. KREATIF SISTEM TEKNOLOGI (“KREATIFCITY”) and the USER (“YOU”) relating to the use of service in Bukujanji. You are suggested to read out the same carefully.

 

By being pressured to do the registration, You are considered already reading, understanding, apprehending as well as approving all contents of these General Terms and Conditions of Bukujanji. If You disagree with one, part of and/or the entire parts of these General Terms and Conditions of Bukujanji, You are not allowed to join and become You of Bukujanji.

 

GENERAL PROVISION

1. These General Terms and Conditions of Bukujanji shall be an agreement between KREATIFCITY and You governing the use of application, website as well as service provided by KREATIFICITY (hereinafter referred to as “BUKUJANJI”) as well as the preparation of appointment schedule, payment and/or use of service available in BUKUJANJI.

 

2. By registering and creating the account at BUKUJANJI application, You are considered to agree with all General Terms and Conditions of Bukujanji as well as its amendment being the integral and inseparable part to Bukujanji Privacy Policy.

 

3. You hereby know and agree that the use of this BUKUJANJI is subject to electronic approval in accordance with Law of the Republic of Indonesia No. 11 Year 2008 regarding Electronic Information and Transaction. Therefore, these General Terms and Conditions of Bukujanji will bind and have the permanent force of law without the physical copy thereof.

 

4. KREATIFCITY shall be entitled to make amendment, addition and/or reduction of the parts of General Terms and Conditions of Bukujanji at any time deemed necessary and will give the notification directly to You through electronic mail registered upon registration. You are considering approving any amendment to the General Terms and Conditions of Bukujanji.

Hereinafter KREATIFCITY and YOU shall be referred to collectively as “PARTIES” and severally as “PARTY”.

 

Furthermore relating to the foregoing, the Parties agree the General Terms and Conditions of Bukujanji as follows:

 

DEFINITION

In these General Terms and Conditions of Bukujanji, Privacy Policy as well as other written agreement to be agreed in the future by and between KREATIFCITY and You:

1. Account shall mean the identity that you make and own in order You can access Bukujanji containing yours in accordance with your legal document (Residential Identity Card (KTP), Driving License, Passport or other legal documents).

 

2. Bukujanji shall mean one of KREATIFCITY products in terms of application for smartphones providing the service of appointment between You and Merchant.

 

3. Service Charge shall mean the amount of service charge for the use of service in Bukujanji to mention later in Article 8 of the General Terms and Conditions of Bukujanji.

 

4. Intellectual Property Right shall mean:

1. Patent, trade name, copyright (including but not limited to software), internet domain name, topography, design right, moral right, rights in database, method of use and information, creation, software code and other intellectual property rights, both registered and not registered included in the application, and all rights or other forms of protection having the similar effect anywhere in this world which is the Intellectual Property Right;

 

2. Rights based on license, approval, instruction, regulation of government or relating to anything in connection with point a above;

 

3. Rights having the impact or origin the same or similar to points a and b possibly arising at this time or in the future;

 

4. Rights to claim the existing infringement of the aforesaid rights.

 

5. Business Day shall mean every day except Saturday, Sunday and national public holiday stipulated by the government of the State of the Republic of Indonesia.

 

6. Confidential Information shall mean the data and/or information which are:

 

1. provided both by KREATIFCITY and You relating to the implementation and providing of service selected and provided by KREATIFCITY for You;

 

2. About one of the parties (both KREATIFCITY and You) providing such party (both KREATIFCITY and You) a business benefit or the opportunity to gain such benefit, or disclosure possibly detrimental to the interest of such party (both KREATIFCITY and You).

 

7. Privacy Policy shall mean the privacy policy on the use of Bukujanji and the service accessible at https://bukujanji.com/privacy-policy as applied and can be changed, added and/or reduced from time to time by KREATIFCITY being integral and inseparable to these General Terms and Conditions of Bukujanji.

 

8. You shall be the user of Bukujanji who will make the appointment with you as well as choose the service provided by you in Bukujanji.

 

9. Service shall mean the service provided by the provider, including but not limited to the order, payment made in Bukujanji.

 

10. Report shall mean the complaint, question, protest, claim and/or request filed by You to KREATIFCITY as referred to in Article 11 of these General Terms and Conditions of Bukujanji.

 

11. Payment Method shall mean the payment facility usable in Bukujanji including but not limited to electronic money, credit card and/or debit card, and also other payment methods accessible in Bukujanji.

 

12. Promotion shall mean activity and/or program of sale and/or marketing provided by KREATIFCITY and/or Merchant.  

 

13. Service Provider shall mean the independent third party appointed validly by KREATIFCITY upon the written agreement in order to be able to provide a service for the interest of Bukujanji.

 

14. Payment Method Provider shall mean an electronic payment method that can be made in Bukujanji provided by the independent third party (such as bank, electronic money issuer, etc.).

 

15. Order Date shall mean the date when you make a service order for a Merchant.

 

16. Working Date shall mean the date that you choose to receive the service already chosen upon the Order Date.

 

USE OF BUKUJANJI AND SERVICE

1. The creation of account, access and use of Bukujanji shall be subject to these General Terms and Conditions of Bukujanji.

 

2. KREATIFCITY only provides Bukujanji on a basis. All services will be provided directly by Merchant for You. Bukujanji is only a forum for you to make an appointment with a Merchant.

 

3. In this event, you know that KREATIFCITY fails to declare, be responsible for or ensure the time, preciseness, quality, compatibility, accuracy, completeness or security of Bukujanji, including but not limited to your needs fulfillment and expectation. 

 

PROVISION ON BUKUJANJI ACCOUNT 

1. You can create a Bukujanji account through the app by registering with your email address and password, or by signing in using Google (Gmail), Facebook and/or Apple.

 

2. Once registered, the email address and/or Google/Facebook/Apple account you used cannot be reused to create another Bukujanji account.

 

3. Your Bukujanji account is personal and may only be used by the registered owner. It cannot be transferred or used by any third party under any circumstances.

 

4. You are fully responsible for maintaining the security and confidentiality of your account, including but not limited to your email address, password, and linked Google/Facebook/Apple account. Any risks or losses resulting from your negligence in protecting your account are entirely your responsibility.

 

5. KREATIFCITY is not obligated to monitor your account activity but reserves the right to ensure your use of Bukujanji complies with the Terms and Conditions, applicable laws, and legal rulings.

 

6. To access your account, you must log in using the method you selected during registration:

• Email and password, or

• Google (Gmail) account, or

• Facebook account, or

• Apple account.

 

PROMOTION

1. Promotion contained in Bukujanji is provided by other parties cooperating with Bukujanji.

 

2. You hold harmless KREATIFCITY from all claims, reporting, complaints or suits from other third parties for unsuitable promotion as set forth in General Terms and Conditions of Bukujanji and Privacy Policy.

 

3. In the event you use content and/or promotion for other purposes, you agree with the terms and conditions stipulated by other relevant parties.

 

4. You are not allowed to abuse, cash, transfer and/or take unreasonable and unsuitable profit in any manner whatsoever as set forth and agreed in the General Terms and Conditions of Bukujanji of the Promotion You received during the use of Bukujanji.

 

5. You agree to use such Promotion in accordance with the objective of the Promotion as well as the terms and conditions as set forth by KREATIFCITY, Service Provider, Payment Method Provider and/or other third party.

 

COST AND PAYMENT

1. The creation of an account, downloading of Bukujanji as well as the use of Bukujanji will be entirely free of charge.

 

2. KREATIFCITY shall be entitled to impose the charge in the future upon prior written notice to You through electronic mail.

 

3. The payment you make can be processed in all Payment Methods provided by independent third parties cooperating with KREATIFCITY.  

 

4. You will bear and release KREATIFCITY from all forms of responsibility for the transaction and failure or cheating arising between You and Merchant, or between You and another third party outside the use of Bukujanji and/or payment conducted outside Bukujanji. 

 

RIGHTS AND OBLIGATIONS OF KREATICITY

1. KREATIFCITY shall provide smooth, stable and obstacle-free access and service in Bukujanji after you undergo the registration and verification processes by KREATIFCITY as explained in Article 4 of General Terms and Conditions of Bukujanji.

 

2. KREATIFCITY shall be obliged at its best to maintain the confidentiality of all of your data and information, including but not limited to any Content You have already set forth in Bukujanji Privacy Policy.

 

3. KREATIFCITY shall be entitled to add and/or reduce the features in Bukujanji if deemed necessary by KREATIFCITY to improve the quality of Bukujanji.

 

4. KREATIFCITY shall be entitled to make limitation or denial of access of You to Bukujanji for the certain reason as explained in Article 14 of these General Terms and Conditions of Bukujanji.

 

5. Other rights and obligations contained in Privacy Policy by KREATIFCITY shall be an integral and inseparable part of these General Terms and Conditions of Bukujanji.

 

YOUR RIGHTS AND OBLIGATIONS

1. You shall be entitled to have smooth, stable and obstacle-free access and service in Bukujanji after you undergo the registration and verification processes by KREATIFCITY; 

 

2. You shall be entitled to receive information on every amendment in Bukujanji, General Terms and Conditions of Bukujanji, Bukujanji Privacy Policy as well as other policies binding the Parties;

 

3. You shall be obliged to provide information for any access and use in Bukujanji; 

 

4. You shall comply with all provisions and procedures in the event of use of Bukujanji, both General Terms and Conditions of Bukujanji, Bukujanji Privacy Policy and other documents including any amendment and addition of documents occurring from time to time;

 

5. Other Rights and Obligations as contained in Privacy Policy and/or other policy made by KREATIFCITY shall be an integral and inseparable part to these General Terms and Conditions of Bukujanji.

 

JOINT OBLIGATIONS OF PARTIES  

1. Taking any act in good faith;

 

2. Ensuring that the information received is clear and complete in case of obstacle/problem in the system owned by each Party;

 

3. Exercising every respective rights and obligations by virtue of the General Terms and Conditions of Bukujanji, Bukujanji Privacy Policy and also other documents without any exception, including any amendment and addition to the documents from time to time;

 

4. Maintaining the reputation and image of the respective party;

 

5. Adhering to any legislation prevailed in the State of the Republic of Indonesia.

 

LIMITS OF LIABILITY

1. KREATIFCITY shall not be responsible for any form of suit/claim in connection with the damage, disruption, abuse of Bukujanji and/or any other things due to any unauthorized access by other parties resulting in the loss to Merchant or any other third party.

 

2. You expressly hold KREATIFCITY harmless from all obligations, consequences and/or liabilities either materially or immaterially, suits, including any costs arising (such as advocate’s fee or other legal costs) due to any breach You committed to General Terms and Conditions of Bukujanji, Bukujanji Privacy Policy and other documents as well as the prevailing legislation.  

 

CANCELLATION AND REFUND POLICY

The service provider offers three types of cancellation policies that users may select at the time of booking. The terms of cancellation and applicable refund amounts for each policy type are as follows:

1. Generous
Users are entitled to:

• A 100% refund if the cancellation is made at least 24 (twenty-four) hours prior to the scheduled check-in time.
  
  

• A 50% refund if the cancellation is made less than 24 (twenty-four) hours before the scheduled check-in time.
  
  

2. Moderate
Users are entitled to:

• A 100% refund if the cancellation is made at least 5 (five) calendar days prior to the scheduled check-in time.
  
  

• A 50% refund if the cancellation is made less than 5 (five) calendar days before the scheduled check-in time.
  
  

3. Strict
No refunds will be provided under any circumstances once the booking is confirmed.

By completing a booking, the user acknowledges that they have read, understood, and agreed to the selected cancellation policy. KREATIFCITY reserves the right, at its sole discretion, to modify or update these terms at any time without prior notice. Users are encouraged to review the current policy regularly to stay informed of any changes.

RESCHEDULE POLICY

The service provider offers three types of reschedule policies, which users may select at the time of booking. The terms for each policy type are as follows:

1. Generous

Bookings may be rescheduled up to a maximum of 24 (twenty-four) hours prior to the scheduled time.

2. Moderate

Bookings may only be rescheduled up to a maximum of 7 (seven) calendar days before the scheduled time. After this period, rescheduling is no longer permitted.

3. Strict

Bookings cannot be rescheduled under any circumstances once confirmed.

Note: Rescheduling is allowed only once per booking.

By confirming a booking, the user acknowledges that they have read, understood, and agreed to the selected reschedule policy. KREATIFCITY reserves the right, at its sole discretion, to modify or update these terms at any time without prior notice. Users are encouraged to review the current policy periodically.

 

PROBLEM SETTLEMENT  

1. In case of system disruption, knowledge or allegation of abuse to account by other parties, loss of cellular phone/ tablet, virus attack to software or cellular phone/tablet, please do not hesitate to contact KREATIFCITY in order to avoid any arising loss and abuse by sending electronic mail to support@bukujanji.com.  

 

2. Based on the report received as referred to in point 1 above, KREATIFCITY will take the actions as follows:

 

1. KREATIFCITY will ask for data, personal information as well as other information required, and the complete chronology of occurrence along with the available evidence.

 

2. To match any data received from such a report as referred to in point 1 above with that existing in the KREATIFCITY system.

 

3. KREATIFCITY is entitled to accept or refuse to take any action upon such report:

1. If acceptable to KREATIFCITY, KREATIFCITY will follow up in terms of system repair on Bukujanji, temporary suspension of your access to Bukujanji, as well as taking other actions deemed necessary by KREATIFCITY to reduce and/or stop any loss suffered.

2. In case of its refusal, KREATIFCITY will stop any follow-up on such a report.

 

FRAUDULENT ACT

1. Anything categorized in “Fraudulent Act” are:

1. Committing a fraud and/or committing conspiracy with another third party for fraud; 

2. Suspicious transaction;

3. Fictive transaction You committed. 

 

2. If you commit fraud, then KREATIFCITY is entitled to take action without any prior written notice to:

1. suspend your access to Bukujanji;

2. input You into the KREATIFCITY’s blacklist;

3. file claim, suit and/or lawsuit to the competent authority for any loss suffered by KREATIFCITY.

 

3. You are obliged to submit any evidence requested by KREATIFCITY to the competent authority and/or to KREATIFCITY for the interest as referred to in point 2 of this Article within not later than 7 (seven) calendar days.

 

SECURITY AND PROTECTION OF INFORMATION

1. Each collection, processing and/or use of information comprising personal data, including but not limited to the name, address, telephone number, facsimile number, cellular phone number, email address, account number, gender, occupation and/or other identities (including Residential Identity Card (KTP), Driving License or Passport) You provided will be subject to Privacy Policy of Bukujanji.

 

2. You agree to hold KREATIFCITY harmless from any claim and liability in connection with system disruption, damage, including authorization for access by other unauthorized parties. You are obliged to provide such information for KREATIFCITY in order the later can make its best endeavor to remedy such disruption.

 

3. You are responsible and warrant that You will not do the following:

1. Deleting any notice of copyright, trademark or other proprietary right found in the system, application or data belonging to Bukujanji;

 

2. Copying, modifying, adapting, translating, creating a derivative work, distributing, licensing, selling, transferring, engineering, displaying partially or entirely, broadcasting, dismantling any part of or in any manner exploiting the system, application or data belonging to KREATIFCITY;

 

3. Licensing, sub-licensing, selling, reselling, moving, transferring, distributing, exploiting commercially or providing for Bukujanji or software or hardware belonging to KREATIFCITY by creating an internet link to Bukujanji application system or data belonging to KREATIFCITY or “frame” or “mirror” of any software in another server or an internet-based wireless device;

 

4. Launching an automated program or script, including but not limited to web spiders, web crawlers, web robots, web ants, web indexers, bots, virus or worm, or any type of program possibly causing several requests of server per second, creating heavy burden, creating obstacle, operation and/or system performance or application belonging to Bukujanji;

5. Using the sites searching or recapturing applications, other manual or automatic devices for scraping, indexing, surveying, data mining, or in any manner duplicating or avoiding the system navigation structure or presentation, Bukujanji application or data belonging to KRATIFCITY;

 

6. Publishing, distributing or duplicating in any manner the material which copyright or trade mark is reserved, or other information belonging to KREATIFCITY in connection with Bukujanji application without written and express approval from KREATIFCITY or the right owner licensing them to KREATIFCITY. 

 

7. Accessing and/or using under no authorization the system, Bukujanji application, or data belonging to KREATIFCITY to (a) damage, weaken, endanger any aspect of Bukujanji application and/or related network, or (b) create a similar competitive feature and/or service by using the ideas, features, functions or graphics that resemble to the system, Bukujanji application or data belonging to KREATIFCITY.

 

8. Intentionally committing any act causing damage to the system, Bukujanji application, or data of KREATIFCITY; 

 

9. Committing anything with the intention to steal KREATIFCITY’s or client’s data.

 

10. You shall be responsible and warrant that Merchant will not ask for any data and/or information from you and/or other parties in any manner whatsoever on behalf of KREATIFCITY without prior written approval from KREATIFCITY.

 

11. You shall be responsible and fully warrant for the truth of data and statement as well as information you provided for KREATIFCITY and/or other related parties, and you hereby hold KREATIFCITY harmless from any form of liability, claim, suit and lawsuit whatsoever before and outside the Court from any party whomsoever in connection with any data and information you provided for KREATIFCITY.

 

TEMPORARY AND PERMANENT FREEZING OF BUKUJANJI ACCOUNT

1. You shall be entitled to delete the Bukujanji application from its cellular phone/tablet at any time. KREATIFCITY shall have no responsibility any longer since the deletion of Bukujanji application from cellular phone/tablet.

 

2. You shall still be responsible for performing any obligations arising and not being settled yet since its registration to become a selected You, including but not limited to any obligations arising from dispute, claim or other legal actions already existed prior to account deletion, account suspension or permanent suspension of Bukujanji account.

 

3. Your account can be frozen by KREATIFCITY, either temporarily or permanently, due to including but not limited to as follows:

 

4. Your report that your account is used, allegedly used or abused by another person;

 

5. Your report that your cellular phone/tablet was stolen, hacked or lost;

 

6. KREATIFCITY knows or with a sufficient reason, alleges that there are things which according to KREATIFCITY might or has been detrimental to KREATIFCITY, you and/or other third parties;
   
   

7. KREATIFCITY knows or with a sufficient reason, alleges that your account has been transferred or used by other party, intentionally or not;
   
   

8. KREATIFCITY detects an unfair act of the use of your Bukujanji account;
   
   

9. You fail to perform its obligation and/or violate part or entire sections of General Terms and Conditions of Bukujanji, Bukujanji Privacy Policy and other documents as well as the prevailing legislation;
   
   

10. An order to freeze Your Bukujanji account either temporarily or permanently from a government or monetary institution or court’s decision in accordance with the prevailing legislation.
     

11. If you freeze your Bukujanji account and you have clear evidence that such an account should not have been frozen, then you can prepare a report accompanied with evidence for KREATIFCITY, and KREATIFCITY will further review the same.
     

12. KREATIFCITY will terminate the account freezing if your report is indeed approved and/or the arising problem causing the freezing has been settled by You.

 

CONFIDENTIALITY

1. Either Party may provide and use confidential information for the other party by complying with the provisions in this article and as set forth in the Privacy Policy.

 

2. All Confidential Information and data received by the Parties must be kept confidential from other third parties by not informing and/or providing the part or whole section of information as well as data obtained from other parties, except upon written approval signed by such party to other party not relating to the use of this Bukujanji.

 

3. You agree that KREATIFCITY shall be entitled to inform all confidential data and information to the vendor and/or other selected third party in respect of use of Bukujanji, either to improve the service or for marketing as well as promotion of Bukujanji and/or selected You. 

 

Force Majeure

1. Neither party shall be liable to the other Party for any failure or delay of performance of obligations due to Force Majeure (“Force Majeure”). Force Majeure is
   a condition beyond the power and/or control of the Parties in the General Terms and Conditions of Bukujanji, which are unpredictable or unpreventable, including but not limited to a situation of war (declared or not), hostility, restriction by the authority or community, rebellion, civil commotion, armed conflict, strike, epidemic, accident, earthquake, eruption, tsunami, storm, flood, typhoon, explosion, restriction to trade, the sinking of ship, or caused or due to a law, announcement, regulation or ordinance of the government or part of the government’s authority, or caused by or due to Act of God, or a government’s policy, or any cause, either similar or excessive in nature, existed at present or in the future, beyond the power or control of the Parties.
   
   

2. In the event of Force Majeure occurred to KREATIFCITY and it is permanent in nature or it causes KREATIFCITY to be unable to perform its obligations permanently, the Merchant will delay the obligations and responsibilities of KREATIFCITY until it is declared not capable of performing the work.  

 

MISCELLANEOUS

1. You cannot assign your rights and obligations to other parties without prior approval from KREATIFCITY by virtue of the General Terms and Conditions of Bukujanji. However, KREATIFCITY may assign its rights and obligations at any time to the other party without requiring prior approval and/or notice to You.
   
   

2. Subject to General Terms and Conditions of Bukujanji, KREATIFCITY may at any time reduce, add and/or amend the provisions of these General Terms and Conditions of Bukujanji. KREATIFCITY will notify any reduction, addition and/or amendment to Merchant by electronic mail. 

 

ARBITRATION AND LEGAL DOMICILE

1. Any dispute possibly arising between KREATIFCITY and You  will be settled by the Parties on an amicable basis for consensus, and in case of failure to reach the consensus, it will be settled through arbitration held by Indonesian National Arbitration Board (BANI) in Jakarta, in accordance with the Arbitration rules of BANI.

 

2. Arbitration will be held in Jakarta, unless agreed by the Parties in writing that it will be held in another place, by using the Indonesian Language and Indonesian Law.

 

3. Arbitration will decide its award in writing and contains all matters underlying such award, which is final and binding and therefore the Parties are not permitted to file an appeal and/or rebuttal/verzet on the enforcement/ execution of such award and therefore they must obey, comply with and perform the award, and if necessary, with the assistance of a District Court competent for the same.
    

4. Any expenses incurred for the interest of Arbitration will be borne by You.
   
   

5. For the implementation of anything in connection with these General Terms and Conditions of Bukujanji and/or any document being an integral and inseparable part thereto as well as the enforcement of Arbitration award, the Parties choose a permanent legal domicile at the Registrar office of District Court of Central Jakarta.