Merchant Terms & Conditions

GENERAL TERMS AND CONDITIONS OF THE USE OF BUKUJANJI BY MERCHANT

 

The terms and conditions stipulated below sets out the use of service from PT. KREATIF SISTEM TEKNOLOGI to Merchant relating to the use of service in Bukujanji. Merchant is suggested to read out the same carefully.

 

By pressuring to do the registration, Merchant is considered already reading, understanding, apprehending as well as approving all contents of the General Terms and Conditions of this Bukujanji. If a Merchant disagrees with one, part of and/or the entire sections of these General Terms and Conditions of Bukujanji, Merchant is not allowed to join and become Merchant of Bukujanji.

 

ARTICLE 1

GENERAL PROVISION

1. The General Terms and Conditions of the Use of this Bukujanji shall be the agreement between PT. KREATIF SISTEM TEKNOLOGI (“KREATIFCITY”) and Merchant setting out the use of the application, website as well as the service provided by KREATIFCITY (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 account at BUKUJANJI website, Merchant shall be considered agree with all General Terms and Conditions of Bukujanji as well as its amendment being the integral and inseparable part of the Commercial Agreement and other written agreement as later agreed between KREATIFCITY and Merchant.
   
   

3. Merchant hereby knows and agrees that the use of this BUKUJANJI is subject to electronic approval as 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 Merchant through electronic mail registered upon registration. Merchant shall be considered approving any amendment to the General Terms and Conditions of Bukujanji.

 

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

 

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

ARTICLE 2

DEFINITION

In the General Terms and Conditions of Bukujanji, Commercial Agreement as well as other written agreement to be agreed in the future by and between KREATIFCITY and Merchant:

1. Account shall mean the identity made and owned by Merchant in order to access Bukujanji containing the data of Merchant as contained in the legal document of Merchant (Residential Identity Card, 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 Merchant and client as well as one of the marketing means for Merchant to expand the market range for the business conducted.
   
   

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. Merchant Form shall mean the registration form which must be filled in and approved and/or signed by Merchant to create an Account, both physically and electronically, containing the data and/or information about Merchant, including but not limited to Commercial Agreement inseparable to these General Terms and Conditions of Bukujanji.
   
   

5. Intellectual Property Right shall mean:

1. Patent, trade name, copyright (including but not limited to software), internet domain name, topography, design right, moral right, the 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. Right 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.
   
   

6. 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.
   
   

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

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

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

8. 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.
   
   

9. Client shall mean the user of Bukujanji who will make the appointment with Merchant as well as choose the service provided by Merchant in Bukujanji.
   
   

10. Content shall mean any information, data and/or pictures whatsoever owned by Merchant provided for KREATIFCITY to be used for marketing, advertisement and displayed in Bukujanji, which is renewable and/or replaceable by Merchant by complying with the provisions as referred to in Article 7 of these General Terms and Conditions of Bukujanji.
    
    

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

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

13. 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.
    
    

14. Promotion shall mean activity and/or program of sale and/or marketing conducted by the Parties to the prospective Clients.
    
    

15. 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.
    
    

16. 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.).  

 

ARTICLE 3

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 the Merchant for the Client. Bukujanji is only a forum for merchants to make appointments with the client, so is the Client making the appointment with the Merchant.

3. In this event, Merchant knows that KREATIFCITY fails to declare, is responsible for or ensure the time, preciseness, quality, compatibility, accuracy, completeness or security of Bukujanji, including but not limited to the need fulfillment and expectation of Merchant.

4. Advertisement, promotion and payment methods will become the full responsibility of the Service Provider appointed by KREATIFCITY.

 

ARTICLE 4

REGISTRATION AND CREATION OF BUKUJANJI ACCOUNT 

1. A merchant can create the account first by conducting the registration through the website https://merchant.bukujanji.com to become the selected merchant of Bukujanji.

2. KREATIFCITY will conduct the review after Merchant data is received and will verify the same to Merchant through electronic mail registered upon the registration within at the latest 3 x 24 hours of Business Days.

3. After the receipt by Merchant of electronic mail from KREATIFCITY, KREATIFCITY will then provide the Commercial Agreement to be filled by Merchant, then Merchant will become one of the selected merchants of Bukujanji and can use all Services provided in Bukujanji by adhering to General Terms and Conditions of Bukujanji including and not limited to Commercial Agreement as well as other written agreements agreed by the Parties.

4. Based on the consideration of the review conducted by KREATIFCITY toward Merchant, KREATIFCITY shall be entitled not to continue the registration process of Merchant and/or postpone the same for the reasons as follows:

1. Merchant has ever and/or is being involved in criminal acts and/or other unlawful acts including but not limited to the acts violating the social, religion and moral norms.

2. Merchant has ever and/or is being involved in a legally banned group or organization and/or prohibited by the State of the Republic of Indonesia.  

3. Merchant has ever and/or is being contained in the blacklist of KREATIFCITY, Bank Indonesia and/or Indonesian Credit Card Association. 

4. The incompatibility of data provided by Merchant for KREATIFCITY against the result of review conducted by KREATIFCITY.

5. The cellular phone number registered by Merchant upon registration shall be subject to change at any time by following the provisions as set forth in Article 9 of General Terms and Conditions of Bukujanji.

ARTICLE 5

ACCESSING BUKUJANJI ACCOUNT

1. For access to Bukujanji, it is necessary for merchants to input the address of electronic mail already registered upon account creation as well as fill in the secret code written upon account creation.

2. Merchant is prohibited from providing the electronic mail address as well as the secret code registered in Bukujanji for any party whatsoever, including the party admitting as the representative of KREATIFCITY.

3. If a Merchant exits from a Bukujanji account, it is necessary for Merchant to take the measures as referred to in Article 5 of these General Terms and Conditions of Bukujanji.

 

ARTICLE 6

PROVISIONS OF BUKUJANJI ACCOUNT

1. A Bukujanji account can only be used by registered merchants and is not transferrable to other third parties for any reason whatsoever.

2. Security and confidentiality of data of Merchant’s account including but not limited to personal data, electronic mail address, secret code, registered cellular phone number as well as payment detail shall be the full personal responsibility of Merchant. All forms of loss and risk arising due to the failure of Merchant in maintaining the security and confidentiality as referred above shall be fully borne by Merchant.

3. KREATIFCITY shall have no obligation to supervise the access of Merchant to Bukujanji but will ensure the smooth use of application by Merchant and the compliance of Merchant with all governing provisions during Bukujanji use, regulation of government, court judgment as well as other regulations as referred to in the General Terms and Conditions of Bukujanji.

 

ARTICLE 7

CONTENT AND PROMOTION 

1. CONTENT:

1. All forms of content given by Merchant will be used by KREATIFCITY for Bukujanji marketing.

2. In the event of the matters mentioned in point above, Merchant agrees that the Content can be used by KREATIFCITY as written in these General Terms and Conditions of Bukujanji.

3. KREATIFCITY will give Content of Merchant to the third party if required for the interest of Bukujanji marketing.

4. The merchant shall be fully responsible for the content provided by KREATIFCITY.

5. KREATIFCITY shall not be responsible for the partial or entire part of Content given by Merchant to KREATIFCITY and release KREATIFCITY from all claims, reporting or suits of other third parties.

2. PROMOTION

1. Other than KREATIFCITY, the Service Provider, Payment Method Provider and/or other third party shall be entitled to conduct the promotion for Bukujanji upon the written approval from KREATIFCITY with the objective of giving the best experience to merchants during the use of Bukujanji.

2. All expenses arising from the promotion as referred to in point above shall become the full responsibility of Merchant unless agreed otherwise between the Service Provider, Payment Method Provider and/or other third party and KREATIFCITY.

3. Merchant shall be prohibited from 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 the Merchant received during the use of Bukujanji.

4. Merchant agrees 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.

5. The merchant hereby knows that each Promotion shall not be exchangeable to cash money and has the different validity as well as terms and conditions for each Promotion applicable to Bukujanji.

 

ARTICLE 8

COST, PAYMENT AND FUND LIQUIDATION 

1. The creation of an account, downloading of the Bukujanji application, and general use of Bukujanji shall be free of charge unless otherwise stated.

2. Bukujanji operates on a subscription-based model. Merchants are required to pay a subscription fee as determined by KREATIFCITY to use the Bukujanji platform.

3. The subscription fee is set by KREATIFCITY per outlet and does not change during a running subscription period. Changes to the subscription fee apply only to the following period, with written notice of at least 60 (sixty) days via email or other available communication channels. Subscriptions run for a minimum term of 12 (twelve) months and may be paid monthly or upfront.

4. Payments from clients to merchants are processed through a third-party payment service integrated with the Bukujanji platform.

5. Funds from client payments for completed transactions are credited to the Partner Balance and may be withdrawn by the Merchant to its registered bank account at any time through the Merchant Dashboard. Each withdrawal is subject to an administration fee of IDR 3,000 (three thousand Rupiah), deducted automatically from the withdrawn amount, and is processed within a maximum of 2 (two) business days of the request, depending on the processing timeline of the third-party payment provider.

6. Bukujanji does not deduct or charge any commission, revenue share, or deduction of any kind on the value of the Merchant’s transactions, whether online or offline. Third-party payment processing costs on platform transactions are borne by Bukujanji, except for service fees that the Merchant itself elects to bear for its customers through the settings in the Merchant Dashboard.

7. Merchants are fully responsible for their own tax obligations, including Value Added Tax (VAT) and any other applicable charges. Subscription fees and other Bukujanji fees are stated exclusive of VAT. While KREATIFCITY is not a VAT-registered entity (non-PKP), no VAT is charged and no Tax Invoice is issued; should KREATIFCITY later be registered as a PKP, VAT applies to periods invoiced after the registration date, and periods already prepaid bear no subsequent VAT charge.

8. Any issues that arise between the Merchant and the Client, or between the Merchant and any third party outside the Bukujanji platform, are the sole responsibility of the Merchant. KREATIFCITY bears no responsibility for any external transactions or disputes.

9. KREATIFCITY reserves the right to delay fund withdrawal if there is a suspected violation of Bukujanji’s Terms and Conditions, applicable legal provisions, or any suspicious or unreasonable activity conducted by the Merchant, until necessary clarification and verification are completed.

 

ARTICLE 9

RIGHTS AND OBLIGATIONS

1. Rights and Obligations of KREATIFCITY

1. KREATIFCITY shall provide the smooth, stable and obstacle-free access and service in Bukujanji after Merchant undergoes 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 endeavor to maintain the confidentiality of all Merchant’s data and information including but not limited to any Content given by Merchant already set forth in Bukujanji Privacy Policy.

3. KREATIFCITY shall be entitled to request for Content, use Content and/or submit Content containing the Merchant’s Intellectual Property Right to the third party chosen by KREATIFCITY for the purpose of advertisement, marketing and/or promotion of Bukujanji.

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

5. KREATIFCITY shall be entitled to stipulate the operational procedure (SOP) for the interest of Bukujanji operational and changeable, addable and/or reducible at any time against the notice through electronic mail to Merchant.

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

7. Other rights and obligations contained in Commercial Agreement, Privacy Policy and/or other policy made by KREATIFCITY shall be an integral and inseparable part of these General Terms and Conditions of Bukujanji.

2. Rights and Obligations of Merchant

1. Merchant shall be entitled to have smooth, stable and obstacle-free access and service in Bukujanji after Merchant undergoes the registration and verification processes by KREATIFCITY as explained in Article 4 of General Terms and Conditions of Bukujanji.

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

3. Merchant shall be obliged to provide information for KREATIFCITY in case of change of Merchant’s data including the electronic mail address, cellular phone number as well as change of registered account number;

4. Merchant shall provide the information needed by KREATIFCITY and/or selected third party for the interest of marketing and/or promotion of Bukujanji;

5. Merchant shall be responsible for every access and use of Bukujanji including but not limited to the use of service, content as well as the acceptance of promotion with KREATIFCITY and/or other third party;

6. Merchant shall ensure the maintenance of information about Bukujanji and/or those obtained from KREATIFCITY only for the interest of the use of Bukujanji and not used for other purposes;

7. Merchant shall be obliged to report to KREATIFCITY in case it knows of indication about the abuse of Bukujanji;

8. Merchants shall be obliged to adhere to all provisions and procedures in the event of use of Bukujanji, both in the General Terms and Conditions of Bukujanji, Commercial Agreement, SOP and also other documents including every change and addition of documents occurring from time to time.

9. A merchant shall be obliged to maintain the confidentiality of confidential information without notifying and/or providing the information partially and entirely for any other party. To avoid doubt, this paragraph shall be valid and binding as to the effectiveness of Bukujanji and expire 5 (five) years after the expiration of General Terms and Conditions of Bukujanji.

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

3. 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, Commercial Agreement, SOP 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.

 

ARTICLE 10

LIMITS OF LIABILITY

1. Merchant is aware of and agrees that all risks arising from the use of Bukujanji are Merchant’s full responsibility and hereby agrees to hold KREATIFCITY harmless from any forms 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. 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.

3. Merchant expressly holds 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 committed by Merchant to General Terms and Conditions of Bukujanji, Commercial Agreement, SOP, Privacy Policy, other documents as well as the prevailing legislation.  

 

ARTICLE 11

CANCELLATION AND CHANGE TO AN ORDER

1. Any cancellation and/or change to service order can only be made by the client.

2. Cancellation can be made at the soonest 14 (fourteen) days prior to the Working Date and not later than 1 (one) day prior to the Working Date;

3. In case of intention of changing the service, the client is obliged to cancel first the service selected previously and re-order the same in Bukujanji.

4. The merchant shall be entitled to determine whether or not there will be a refund on each cancellation made by the client.

5. Anything relating to cancellation or change of order schedule, as well as whether or not there is a refund upon the cancellation by a client, shall be included by Merchant in Bukujanji application, since the beginning Merchant was selected to become part of Bukujanji and include the services provided by Merchant in Bukujanji application.

 

ARTICLE 12

SETTLEMENT OF PROBLEMS

1. In case of system disruption, a 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 make follow up in terms of system repair on Bukujanji, temporary suspension of Merchant’s 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.

 

ARTICLE 13

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 committed by Merchant.

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

1. suspend Merchant’s access to Bukujanji;

2. stop any ongoing promotional activity; 

3. hold and/or postpone fund withdrawal;

4. include Merchant into KREATIFCITY’s blacklist;

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

3. The merchant is 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.

 

ARTICLE 14

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) provided by Merchant will be subject to Privacy Policy of Bukujanji.

2. Merchant agrees to hold KREATIFCITY harmless from any claim and liability in connection with system disruption, damage, including authorization for access by other unauthorized parties. A merchant is obliged to provide such information for KREATIFCITY in order the latter can make its best endeavor to remedy such disruption.

3. Merchant is responsible and warrants that it will not do the following:

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

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

6. 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;

7. 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;

8. 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;

9. 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. 

10. 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.

11. Intentionally committing anything causing damage to the system, Bukujanji application, or data belonging to KREATIFCITY; 

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

13. Merchant shall be responsible and warrant that Merchant will not ask any data and/or information to client and/or other parties in any manner on behalf of KREATIFCITY without prior written approval from KREATIFCITY.

14. Merchant shall be responsible and fully warrant for the truth of data and statement as well as information provided by Merchant for KREATIFCITY and/or the other related parties, and Merchant hereby holds 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 provided by Merchant for KREATIFCITY.

 

ARTICLE 15

TEMPORARY AND PERMANENT SUSPENSION OF BUKUJANJI ACCOUNT

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

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

1. Merchant’s report that its account is used, allegedly used or misused by other person;

2. Merchant’s report that its cellular phone/tablet was stolen, hacked or lost;

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

4. KREATIFCITY knows or with a sufficient reason, alleges that Merchant’s account has been transferred or used by other party, intentionally or not; 

5. KREATIFCITY detects an unfair act of the use of Merchant’s Bukujanji account; 

6. Merchant fails to perform its obligations and/or violates part or whole sections of General Terms and Conditions of Bukujanji, Commercial Agreement, SOP, Privacy Policy, other documents as well as the prevailing legislation; 

7. Merchant has filed or is subject to petition for insolvency, is in the process of Debt Payment Obligation Suspension (PKPU), liquidation process or other incapability making Merchant legally incapable according to the prevailing legislation; 

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

4. In case of freezing of Merchant’s Bukujanji account and Merchant has clear evidence that such account should not have been frozen, then Merchant can prepare a report accompanied with evidence for KREATIFCITY, and KREATIFCITY will further review the same. 

5. KREATIFCITY will terminate the account freezing if the Merchant’s report is indeed approved and/or the arising problem causing the freezing has been settled by Merchant.

 

ARTICLE 16

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

 

ARTICLE 17

Force Majeure

1. Neither party shall be liable to the other Party for any failure or delay of performance of obligations caused by Force Majeure (“Force Majeure”). Force Majeure is
   any 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, the affected Party must notify the same in writing by attaching or enclosing the evidence to the other Party within at the latest 3 (three) calendar days after the first day of delay of obligations under these General Terms and Conditions of Bukujanji. In case of lapse of such period, the other Party shall be entitled to refuse Force Majeure for the reason of failure or delay of performance of obligations of the affected Party.

3. By such notice, the Parties may determine the following:

4. If the Force Majeure event occurs to Merchant and is permanent in nature or it causes the affected Merchant to be unable to perform its obligations permanently, then KREATIFCITY may unilaterally and at any time terminate the relationship with Merchant; or  

5. If the Force Majeure occurs to KREATIFCITY and is of permanent in nature or it causes KREATIFCITY unable to perform its obligations permanently, then Merchant shall postpone KREATIFCITY’s obligations and liabilities until it is declared capable of resuming the work.

 

ARTICLE 18

MISCELLANEOUS

1. In case of inconsistency and/or difference in General Terms and Conditions of Bukujanji to Commercial agreement, then the Parties are covenant and understand that it is the General Terms and Condition of Bukujanji that binds.  

2. The merchant cannot assign its 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 Merchant. 

3. 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. 

 

Article 19

ARBITRATION AND LEGAL DOMICILE

1. Any dispute possibly arising between KREATIFCITY, Merchant, and/or other third party 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 the 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 the Merchant.

5. For the implementation of anything relating to 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. 

  

 

 

ADDENDUM — TRANSACTION PROFIT SHARING AND EVENT SERVICES (5 August 2026) — NO LONGER IN EFFECT

The transaction profit-sharing addendum dated 5 August 2026 is revoked and no longer in effect as of 10 September 2026. From that date Bukujanji charges no profit share, commission, or deduction of any kind on Merchant transactions; the platform is paid for solely through the per-outlet subscription fee set out in Article 8. Terms for event organisers using the Event Organizer feature are governed separately by the applicable Seller Agreement.