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BRIDESTORY USER TERMS AND CONDITIONS
User Terms and Conditions last updated August 15th 2018
GENERAL TERMS
Terms and Conditions as specified below (hereinafter referred to as “User Terms and Conditions”) applies to your usage of the Bridestory’s platform that you can access including but not limited to the website www.bridestory.com and through mobile applications "android" or "ios" (“Bridestory Platform') which is owned and managed by PT Cerita Bahagia, a limited liability company existing under the laws of the Republic of Indonesia, with its registered office at Belezza Shopping Arcade level 1 unit 101A-B, Jl. Jenderal Soepono 34, Jakarta Selatan.
In order for you to be able to use the facilities provided by Bridestory Platform completely, then you must first register in advance by creating an account on Bridestory Platform as a User (as defined below) and you represent and warrant that you are an individual who is legally entitled to hold a binding agreement based on the law of the Republic of Indonesia, in particular, to use the Bridestory Platform and that you are at least 18 (eighteen) years of age. Therefore, you are obliged to provide data and/or information is true, accurate, and complete
By accessing or using the Bridestory Platform as either a guest or by doing registration as a User, then you've consciously and without coercion from any party asserting yourself agrees to accept, understand, and agree to committing yourself, submissive and obedient as well as comply with any conditions set forth in this User Terms and Conditions. This User Terms and Conditions is an agreement that binds between PT Cerita Bahagia and User.
Any activity related to the use of Bridestory Platform facilities, User, are legally protected by law based on Regulation No. 11 Year 2008 regarding the Information and Electronic Transaction, and against any form of engagement arising out of all activity on the Bridestory Platform has complied with the rules and the terms of an agreement whereas listed in the Indonesian Civil Code.
We advise you to read this User Terms and Conditions carefully before using the Bridestory Platform. If you do not accept and not agree with this User Terms and Conditions you may not access or use the Bridestory Platform.
1. DEFINITION
In this User Terms and Conditions, unless expressly specified other, the terms below have the following meanings:
- “User Account” means an account owned by User after the registration process on the Bridestory Platform is done;
- “User Fees” has the meaning as defined in Clause 4.1;
- “Bridestory” means PT Cerita Bahagia acting as an owner and manager of Bridestory Platform;
- “Bridestory Pay” means payment service provided by Bridestory for the payment accommodation of Transaction;
- “Bridestory Pay Cashback” has the meaning as defined in Clause 5;
- “BANI” means Badan Arbitrase Nasional Indonesia established based on Decision Letter of Kamar Dagang dan Industri Indonesia Nomor: SKEP/152/DPH/1977,dated on 30 November 1977;
- “Business Days” means a day (other than Saturday or Sunday as well public holidays stipulated by the Government of the Republic of Indonesia) on which banks in Jakarta are open for normal banking business;
- “Bridestory IPR” has the meaning as defined in Clause 16;
- “Confidential Information” has the meaning as defined in Clause 13.1;
- “Registration Information” has the meaning as defined in Clause 6.1;
- “Bridestory Privacy Policy” means privacy policy that applies with respect to the use of the Bridestory Platform, which can be seen on (click here);
- “User” means including but not limited to those who use the Bridestory Platform, either has registered an account or just visiting the Bridestory Platform. The term "you" refers to the General Terms on User;
- “User Account Termination” has the meaning as defined in Clause 14;
- “Dispute” has the meaning as defined in Clause 17.2;
- “Bridestory Platform” means marketplace for wedding which provided on www.bridestory.com;
- “Product” has the meaning as defined in Clause 2;
- “Wedding Cancelation Protection” has the meaning as defined in Clause 8.1;
- “Offering Letter” means offering letter from Vendor to User which at least include product’s detail, price, term and payment date, information and notes as defined in Clause 3.1 letter (c);
- “Transaction” means buying and selling activites of Product, between User dan Vendor through the Bridestory Platform;
- “Vendor” including but not limited to individual persons, limited liability company, cooperative, firm (either have or do not have a legal entity) who offer Product through the Bridestory Platform.
2. Product
User can find various types of goods and/or services of the highest quality through the Bridestory Platform offered by Vendor registered on the Bridestory Platform that makes it easy for User to find the goods and/or services as appropriate needs, including but not limited to catering, jewelery, venue, bridal, decoration & lighting, dress & attire, favor & gifts, honeymoon, invitations, men’s formal wear, photo booth, photography, videography, wedding planning, wedding cake, hair & makeup, entertainment (MC), entertainment (music), officiants, wedding shoes, health & beauty, boutonnieres & corsages, entertainment (DJ), sweet corner, dance & choreography, event rentals, flowers, and wedding accessories (hereinafter in together referred to as "Product").
3. BRIDESTORY PAY
3.1 User agrees that Transaction will be conducted based on the terms that have been stipulated by Bridestory as follows:
- User login to the Bridestory Platform to find Vendor who offer Product according to the needs of User;
- once User found the Vendor needed then User can submit questions to Vendor through the features provided on the Bridestory Platform such as (i) send a message; (ii) request price list; (iii) ask the Vendor; and (iv) ask for the best offer. In this step User and Vendor can determine including, but not limited to (i) the terms and payment date; and (ii) the delivery procedure of the goods;
- if User has agreed with the order, then the Vendor will make the offering letter with the format provided in the Bridestory Platform that at least include (i) the details of the Product; (ii) price; (iii) the terms and payment date, (iv) description; and (v) notes (the "Offering Letter");
- further, Vendor will send Offering Letter to User through the Bridestory Platform; and
- if User approves the content in the Offering Letter, then User will proceed the payment process in accordance with the mechanisms in section 3.2
Virtual Account
- User chooses payment method via BCA bank transfer (or other banks), click pay in order to get the virtual account number;
- User agrees by generate virtual account number;
- User transfer to the virtual account Bridestory with the amount in accordance with Offering Letter. At this stage, User are kindly requested to ensure that the transfer is done with up to the last 3 (three) digit. After this, the Bridestory’s system will confirm against payment, and if the payment status is successful, then Bridestory will send you a notification via email in the form of a receipt of payment; and
- when up to specified time limit the User does not make a payment, then the payment will be declared as expired, and User will be given a notice by email in the form of a copy of the invoice with the expiration status and its expiration date and reason.
4. USER FEES
4.1 Bridestory can charge against User based on the service provided by Bridestory for each Transaction ("User Fee").
4.2 Currently, the terms on User Fee has not been applied. If User Fee will be applied, then Bridestory will give an advance notice, at the latest 7 (seven) days before effective date of User Fee.
4.3 Amount of the User Fees will be determined more by Bridestory in a separate document which is a unity and an integral part of this User Terms and Conditions.
5. BRIDESTORY PAY CASHBACK
5.1 Currently Bridestory held a Bridestory Pay Cashback program, whereas Bridestory will give direct cashback to User that conducted a Transaction using Bridestory Pay. (“Bridestory Pay Cashback”).
5.2 Terms and conditions regarding Bridestory Pay Cashback can be seen on (click here).
6. USER OBLIGATION
6.1 User Account. User agrees to fully responsible and liable for the confidentiality of the User’s login id, password and email in connection with the use of Bridestory Platforms ("Registration Information"). Therefore, User:
- is not permissible to use a password that is already common and easily known by others;
- it is not permissible to notify or divert Registration Information to other party and keeping it secret; and
- not allowed to store Registration Information in cell phones or other storage facility that are possible to be known by others
6.2 Notice Of Illegal Access. If User is aware of the existence of illegal access to the Registration Information or User Account, then User is obliged to inform immediately to Bridestory at support@bridestory.com. For the avoidance of doubt, such notice does not create responsibility to Bridestory for any form of misuse of Registration Information or User Account as a result of the existence of illegal access.
7. TAX
User is responsible for any taxes that may arise in connection with the Transaction and/or use of the Bridestory Platform, in accordance with the terms of taxation that applies in the Republic of Indonesia. To obtain information or confirmation about taxes, User can contact Bridestory via email: finance@bridestory.com.
8. WEDDING CANCELATION PROTECTION
8.1 Bridestory provide protection to User in the future, in an event of wedding cancellation due to circumstances beyond the control of User ("Wedding Cancellation Protection"). With respect to the implementation of the Wedding Cancelation Protection, Bridestory has been cooperating with one of the leading insurance companies.
8.2 Up to this time, the Wedding Cancellation Protection has not been applied. If the Wedding Cancellation Protection will be applied, Bridestory will provide notification in Bridestory Platform.
8.3 Information regarding the Wedding Cancelation Protection can be seen on (click here).
9.BRIDESTORY PRIVACY POLICY
9.1 User can see the Bridestory Privacy Policy on (click here).
9.2 By using Bridestory Platform, then User is deemed to agree to the Bridestory Privacy Policy, and gives the right to Bridestory to use User information contained in the Bridestory Platform for the benefit of Bridestory Platform development as well as Bridestory’s commercial, as long as permitted by the regulations.
10. DISCLAIMER AND WAIVER OF LIABILITY
10.1 Without representations and warranties:
- everything that is related to the Bridestory Platform, is provided to User "as it is" and "as available" basis. Bridestory make no representations and warranties to the content or operation of the Bridestory. User hereby agree that use of the Bridestory’s service is the risk and responsibility of User themselves;
- Bridestory make no representations and warranties of any kind about the condition, accuracy, reliability, completeness, either content or Bridestory’s services, and make no representations and warranties that the Bridestory Platform is a perfect platform. It is very possible for the occurrence of interruption, error, errors, virus infections or code or a computer program that runs automatically, containing damaging nature or which are intended to undermine, prevent and take over the system, data or a User's personal information contained in the Bridestory Platform.
10.2 Disclaimers:
- Bridestory is a technology company that provides Bridestory Platform in the form of software with the innovative concept of the marketplace that serves as a means to connect User with Vendor. Bridestory does not provide Product, acting as a provider of Product, or as a Vendor. User understand that Bridestory is not involved, and is not a party in the Transaction. Thus, Bridestory has no authority over the quality, accuracy, safety, or legality of the Transaction and does not have authority over the accuracy of the list, Vendor pages, or the ability of Vendor to provide the Product they offer in the Bridestory Platform. Bridestory is only obligated to manage the Bridestory Platform as well as to facilitate transactions, including but not limited to, the provision of Bridestory Pay. Therefore, User release Bridestory from any liability to all or part of the losses incurred by User arising out of, or in connection with the Transaction;
- Bridestory is not responsible for any services that Vendor provide to User, and any illegal actions carried out by the Vendor. User are prohibited from stating, or cause any party to understand that Bridestory is an agent, or representative of the Vendor. It depends on the Vendor to offer the Product to User and depends on User whether to accept the offer of the Product from the Vendor;
- To manage and provide services through the Bridestory Platform, Bridestory always keep security information provided by User by applying a system of safeguards optimally. However, it is necessary to note that, it is very possible for the occurrence of the loss or leakage caused by illegal attempt by the other party. Thus Bridestory does not represent and warrant that the Bridestory Platform free from the threat of information leakage or loss caused by the other party where such matters are also experienced by all internet User, including but not limited to: (i) carding; (ii) cracking; (iii) phishing; (iv) malware; or (v) any other things, addressed both to the Bridestory Platform as well as its supporting infrastructure. Therefore, User hereby declares that User has understood the risks that may arise related to the case and release Bridestory from any form of liability against all or part of the loss of the User’s gain in connection with the leakage of the information arising from the illegal acquisition by others or caused by interruption, mistakes, errors or virus infections in Bridestory Platform.
11. INDEMNIFICATION
12 REFUND
13. CONFIDENTIALITY
13.1 In using the Bridestory Platform, User are obligated to maintain the confidentiality of the information given by Bridestory to User, or other information obtained by User in connection with the use of Bridestory platforms, including but not limited to, commercial information, contractual, financial, trade secrets, ideas, concepts, technology, design, specifications, diagrams data, other technical information, in any form ("Confidential Information"). The obligation to maintain the confidentiality of Confidential Information are valid since User registers for a Bridestory account, and will continue to apply even though User has ended the relationship with Bridestory through the User Account Termination, with the exception that the obligation to maintain the confidentiality of the Confidential Information is not applicable against:
- data or information that have already in User’s authority from the beginning proven by the existence of a written record;
- data or information that is explicitly stated by Bridestory as data or information that can be disclosed to the other party;
- data or information that has been disclosed to Bridestory approval to another party;
- data or information that has been disclosed by the Bridestory to the public; and/or
- data data or information that is based on legislation or court rulings, orders, rules or regulations of an agency regulators are required to be revealed
13.2 If User breach the obligation to maintain the confidentiality from the Confidential Information, thus causing the incidence of the following things:
- disclosure of Confidential Information;
- theft, fraud, and/or abuse in connection with the Bridestory assets;
- the statement was wrong or false statements regarding Bridestory;
- insults or threat from any party to the Bridestory or Bridestory workers; and/or
- other things to the detriment of Bridestory in any form
the User is fully responsible for conducting compensation for the whole Bridestory losses and/or loss of profit and/or business partners arising out of, or in connection with User's breach of the obligation to maintain the confidentiality of such Confidential Information..
14. TIME PERIOD
User Terms and Conditions is valid since User completing the registration process, i.e. when User has a User Account, and will continue to be valid unless terminated by User or Bridestory. If User intends to terminate this User Terms and Conditions, User can do so by terminating the User Account, by sending an account closure request to Bridestory’s email on support@bridestory.com and subsequently Bridestory will process the request closure over the User Account ("User Account Termination"). The closing of User Account does not absolve User from all liabilities which have been incurred before the date of User Account Termination.
15. AMENDMENT
16. INTELECTUAL PROPERTY RIGHTS
Everything about Bridestory, including but not limited to text, images, logos, content, features, software is protected by intellectual property rights on the basis of laws and regulations, including but not limited to: (i) Regulation No. 28 Year 2014 regarding Copyright; (ii) Regulation No. 13 Year 2016 regarding Patents; (iii) Regulation No. 20 of the year 2016 regarding Brands and Geographical Indications; and (iv) other relevant regulation ("Bridestory IPR"). User is only allowed to use the Bridestory IPR for personal matters and not for commercial purposes.
17. OTHERS
17.1 Applicable Law. User Terms and Conditions and all matters arising out of or in connection with User Terms and Conditions, subject to and interpreted with the law of the Republic of Indonesia
17.2 Dispute Settlement. Any difference or dispute that arises due to the interpretation and/or execution of User Terms and Conditions, or other provisions in relation to the use of the Bridestory Platform ("Dispute") will be resolved as far as possible by way of deliberation to reach a consensus. Any Disputes must be notified in writing, by email or in any other way it deems relevant. In the event that after 30 (thirty) days an agreement by way of discussion is not settled, then the Dispute will be settled by arbitration held in Jakarta and terminated by BANI with three (3) arbitrators appointed in accordance with administrative rules and regulations of the arbitration procedures of BANI, which the decision is binding as the first and final decision.
17.3 Severability. If one or more provisions of User Terms and Conditions be deemed invalid, the invalid, unenforceable, or illegal either in whole or in part, based on regulations legislation, then it will not abolish the validity and enforceability of the other provisions in this User Terms and Conditions. Thus the other provisions in this User Terms and Conditions will lawfully remain in full force regardless of the terms is held invalid, unenforceable or otherwise violate the law.
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