ARTICLE 1. PURPOSE
THIS TERMS AND CONDITIONS (this “Terms and Conditions”) aims to regulate all the rights and obligation of customers in using the service that PT INOVASI INDOTAMA KARYA at Greenhub Suited Office, Lt. 38 Tower A, Kota Kasablanka, Jl. Kasablanka Raya Kav. 88, DKI Jakarta and its business partner PT OKHOME MOBILE INDONESIA at Strata office suite B 509, Epicentrum walk, Jalan H.R Rasuna said, Setiabudi, Jakarta Selatan, DKI Jakarta, Republic of Indonesia (collectively “OKHOME”) provides a certain service stated in this Terms & Conditions. This Terms and Conditions will apply to relevant electronic transactions in other forms.
ARTICLE 2. DEFINITION
- “User” means an individual or entity who uses the Service of OKHOME by agreeing on this Terms and Conditions.
- "Service" means the total set of services from OKHOME who dispatch Consultants to the User’s house through the platform of OKHOME for home cleaning and related work according to the service manual of OKHOME.
- "Consultants" mean the home cleaning workers of OKHOME who provide a part of Service to clean the User’s house pursuant to the service manual of OKHOME.
- "Payment” means the payment that User should make for the Service of OKHOME through credit card, mobile application, bank transfer or any other payment method.
- Any term not defined in this Terms and Conditions shall follow the laws and regulations of Indonesia and the standard of regular commercial practice.
ARTICLE 3. CHANGES OF TERMS AND CONDITIONS
- OKHOME can change or update this Terms and Conditions (“Update”) unless such a change or update does not violate any applicable laws and regulations.
- A User can send a notice to reject the Update within 15 days of the Update. In the event that a User reject the Update, OKHOME can terminate the contract with the User by sending a written notice within 15 days from receipt of the rejection. If a User does not reject the Update, User’s agreement to the Update is presumed.
- Any matter not addressed in this Terms and Conditions and interpretation of this Terms and Conditions shall follow applicable laws and regulations, standard of commercial practice and Indonesian direction of consumer protection.
ARTICLE 4. SERVICE AND CHANGE OF SERVICE
- OKHOME requires the User to make Payment for the Service.
- The scope of Service will be separately noticed to the User considering the conditions of the User’s house and request (“Scope”). Any service or issues beyond the Scope will be solely the responsibilities of the User.
ARTICLE 5. SUSPENSION AND TERMINATION OF SERVICE
- OKHOME may temporarily suspend the Service in the event of repair, inspection, test, replacement, or defect of IT system or for improvement of the Service for the betterment.
- In the event that OKHOME cannot provide the Service due to a change of business, forgoing of business, combination with another entity or other reasons, Invasi shall notify the User of such a impossibility in a way that OKHOME decides.
Article 6. Request of Service and Sign Up
- The User applies for the Service by filling in certain information and agreeing to this Terms and Conditions.
- The effective time of signing up shall be the time when the User receives an approval from OKHOME
Article 7. Termination
- The User who signs up can always request to terminate this Terms and Conditions to withdrawal of membership or the Service.
- OKHOME may limit or suspend the membership of the User in the following event:
- the User registers false information to sign up;
- the User is in default of the Payment;
- OKHOME has a reason to believe that the User interrupt or threatens the business of OKHOME by stealing, hacking or misusing information;
- the User is in default of obligation in this Terms and Conditions or conduct against standards of decency;
- the User interrupts or threatens the sound business of OKHOME with the following conducts:
- if the User damages and harms on the reputation of OKHOME by spreading misinformation or defamatory statement;
- if the User harms the working environment of OKHOME by verbally attacking, sexually harassing, religiously assaulting or doing any other misconduct against the workers of OKHOME;
- if the User interrupts the business of OKHOME by demanding unreasonable compensation such as cash, reserve or prize, baseless threatens, disturbance, or excessive contact without sufficient substance; or
- if the User unreasonably or habitually cancels the Service.
- If a same or similar event repeats or the event is not rectified, OKHOME limits or suspends the membership of the User.
- If OKHOME terminate the membership of the User, the User will lose the membership status, benefits, and registered information. In this case, OKHOME will notify the User of the termination and give opportunity for clarification.
- OKHOME may notify the User through email address, call or mobile messenger that the User registers.
- OKHOME may notify the User by posting a public notification on its website or platform and such a public notification will substitute the individual notification; provided that OKHOME will notify the User individually in terms of a specific matter that can individually and materially impact on the User’s use of Service.
ARTICLE 9. PAYMENT METHOD
- The User must make the Payment by credit card, bank remittance, cash payment to the Consultants or any other Payment method that OKHOME agree to.
- When making the Payment by credit card or any other Payment method that OKHOME agree to, the User must use a payment method that OKHOME requires.
ARTICLE 10. EXEMPTION
- OKHOME will not be responsible for impossibility to perform the Service due to the following reasons:
- Force majeure including but not limited flooded roads and street due to heavy rain or storm, earthquake, thunderbolt, strike, riot, rebellion, war, a change of laws or regulations or industrial disruption;
- A third party’s intentional interruption of the Service after the third party forms a contract with OKHOME;
- OKHOME’s incapacity to conduct the Service because of irresistible force;
- a reason attributable to the User; or
- a reason about which OKHOME has no intent or negligence.
- In regard to the data and information posted on the online platform, OKHOME takes the best efforts to provide the highest level of accuracy and trust in the industry.
- OKHOME can compensate any loss incurred by the Service up to Rp 10.000.000 following its internal policy. If any loss or damage is incurred to the User during the Service due to intention or negligence by the Consultants of OKHOME, OKHOME must notify its compensation to the User and proceed such notified compensation according to OKHOME’s policy. However, OKHOME is not responsible for any loss alleged by the User if:
- the User does not submit a proof that the loss and damages was incurred by the Consultants;
- the loss or damages were incurred from another reason than the Service or the Scope.
- the excessive deterioration or pollution cannot be resolved by the Service or the Scope
- the specific risk of such a loss or damage or the limitation of the Service has been notified to the User in advance by OKHOME or Consultants.
- the Service may be suspended or withdrawn if such a suspension or withdrawal is necessary for its operation, management or circumstances in OKHOME’s judgment.
- OKHOME is exempt from any error or disorder in using the Service if such an error or disorder is attributable to the User.
- OKHOME is exempt from any responsibility for the User’s dissatisfaction, nonfulfillment of expectation or damages incurred due to the User’s misuse of the Service.
- OKHOME certifies the good character and fitness of the Consultant and takes the best effort to redress a problem in cooperation with the police and law enforcement if any unsavory event occurs in using the Service. However, OKHOME is not responsible for any problem if:
- the User does not submit a proof that the Consultants caused such a problem;
- the User does not submit a proof about the loss or damages;
- Such a problem is attributable to the User including violent language or behavior, religious assault, sexual harassment.
- Such a problem occurs in the course of other than the Service and Scope.
- The User must not sell, transfer or assign the rights and obligations in this Terms and Agreement or his/her membership, privilege, coupon or point of OKHOME to a third person without any prior written approval of OKHOME. OKHOME is not responsible for any loss or damages incurred due to such a sales, transfer or assignment of the rights and obligations in this Terms and Agreement.
- OKHOME is not responsible for any loss or damages incurred due to the User’s failure at receiving a notice from OKHOME where the User’s contact information is not registered or wrongfully registered, or the User did not read after receipt.
OKHOME observes applicable laws and regulations for protection of the User’s private information.
ARTICLE 12. THE OBLIGATIONS OF OKHOME
- OKHOME observes this Terms and Conditions, applicable laws and regulations and standard of decency in providing Service, and promise to take the best effort to continuously provide with the highest quality of Service.
- OKHOME takes the best effort to protect any information obtained from the User.
- OKHOME regularly or intermittently provides information and send a notice regarding the Service to the User through public notice, SMS, E-mail or application.
ARTICLE 13. THE USER’S OBLIGATION IN PROTECTION OF ID AND PASSWORD
- The User has responsibility for the User’s ID and password.
- The User must not use another person to use the User’s ID and password.
- If the User perceives another person’s use of the User’s ID and password, such a use must be immediately noticed to OKHOME and follow the instruction of OKHOME.
ARTICLE 14. THE OBLIGATION OF USER
The User has the following obligation in regard to the Service:
- the User must confirm the condition of Service upon the guidance of OKHOME regarding the Service, Scope, conditions and responsibilities in advance to a reservation. The User is responsible for the loss incurred due to the User’s wrongful confirmation about the Service, Scope, conditions and responsibilities.
- The User must observe this Terms and Conditions. The User is responsible for the loss incurred due to the User’s inobservance of this Terms and Conditions.
- OKHOME does not warranty or guarantee except the scope of this Terms and Conditions or separately informed scope of Service before performance of the Service. Therefore, the User is responsible for use of the Service.
- OKHOME does not guarantee the User’s private information.
- The User must make a Payment using a valid payment method of which the User has legitimate authority and must not use another person’s payment method. The User should be responsible for any loss or damages occurred to OKHOME or a third person due to a wrongful use of payment method including use of another’s payment method without authority.
- The information must be true. The User has civil or criminal responsibility due to any loss caused by registering misinformation.
- The User should cooperate OKHOME in providing with the Service. If OKHOME requires clarification from the User for observance of this Terms and Conditions, the User must correctly respond to OKHOME.
- The User must use coupon or point in a way that OKHOME decides and approves.
- If a minor proceeds any transactions without approvals from a legal representative, such a transactions is subject to cancellation by the minor or the legal representative.
- The User who carries any of the following acts is deemed to withdraw his/her membership and must take civil or criminal responsibilities:
- Wrongful acquisition of information of members at the website, social media or mobile application of OKHOME (“OKHOME Channel”);
- Interruption of a regular business of OKHOME by hacking, spreading virus, creating a D-dos attack or any similar electronic attack on OKHOME Channel;
- an use of other’s ID and password;
- registration of false information at OKHOME Channel;
- insult or humiliation of others on OKHOME Channel;
- registration or distribution of a work against social decency or public policy OKHOME Channel;
- illegal or unpermitted sales or commercial act on OKHOME Channel; or
- Saving or leaking private information or personal profile from OKHOME Channel.
- OKHOME strictly prohibits the User from obtaining the Consultant’s personal contact and causing the Consultant to personally contact him/her. OKHOME can immediately cancel the User’s membership upon notice of such a behavior and cancel the Service without any indemnification.
ARTICLE 15. POST
- OKHOME reserves copyrights and other intellectual rights on the work at OKHOME Channel.
- The User should not copy, modify, reuse, download, reproduce, repost, publicize, transmit, distribute, or use any work or information of OKHOME in any form or by any means for commercial purpose or for use of others.
- The User permits OKHOME’s free use of post, picture, writing, link, file or other work that the User uploads on OKHOME Channel (“Post”) without the User’s advance approval. Such a use is valid both before and after the User terminates the membership. However, if the User sends a written notice to OKHOME, OKHOME must not further use the Post.
- If the User’s Post incur a loss or damages to OKHOME or others, the User must be solely responsible for such a loss or damages.
- OKHOME can move, remove, delete, suspend, revise or reject the Post or take a relevant action if the Post is:
- insulting or defamatory against the Consultant, OKHOME or a third person;
- spreading or linking to contents against public policy or social decency;
- promoting hacking or illegal copy;
- violating a third party’s intellectual right;
- advertising for commercial purpose;
- deemed to be involved in criminal acts;
- infringing any right of another;
- posting a political or religious opinion inappropriate to OKHOME;
- inappropriate to OKHOME or violating a Post standard of OKHOME; or
- deemed to be violation of any applicable laws or regulations.
- OKHOME will not be responsible if the User’s Post is copied, modified, reused, downloaded, reproduced, reposted, publicized, transmitted, distributed, or used by a third person.
ARTICLE 16. DISPUTE RESOLUTION
- If a dispute arises between OKHOME and the USER even after OKHOME takes the best efforts to resolve the User’s claim and reflect the User’s opinion to minimize the harms and damages to the User, the OKHOME and the USER must resolve the dispute at South Jakarta District Court.
- The governing law of this Terms and Conditions is laws and regulations of Republic of Indonesia.