BRIDESTORY TERMS AND CONDITIONS
This Terms and Conditions is Updated on April 24th 2018
The Terms and Conditions set out below (hereinafter shall be referred to as the “Terms and Conditions”) shall be applicable to your use of Bridestory platform which is accessible through including but not limited to the website www.bridestory.com and through mobile “android” or “ios” application (the “Bridestory Platform”) which is owned and managed by PT Cerita Bahagia, a limited liability company incorporated under the laws of the Republic of Indonesia, domiciled in Belezza Shopping Arcade 1st floor unit 101A-B, Jl. Jenderal Soepono 34, South Jakarta.
For full use of the facilities available at the Bridestory Platform, you are required to sign up or register by creating an account in the Bridestory Platform as a User and to represent and warrant that you are an individual who is legally entitled to enter into a binding agreement under the laws of the Republic of Indonesia, especially to use Bridestory Platform and that you are at least 18 (eighteen) year-old. Therefore, you are required to provide data and/or information truthfully, accurately, and fully.
By accessing or using Bridestory Platform either as a guest or by opening an account as a User, you consciously and without duress from any parties represent that you consent to accept, understand, and agree to be bound by, subject to and observe and comply with all terms contemplated herein. This Terms and Conditions is a binding agreement between PT Cerita Bahagia and the User.
Any activities related to the use of the Bridestory Platform facilities, both by User and Vendor, shall be legally protected under the Law No. 11 of 2008 on Electronic Information and Transaction and against any forms of engagement arising from any activities existing in the Bridestory Platform that satisfies the principles and requirements of a valid agreement provided under the Indonesian Civil Code.
We advise you to review this Terms and Conditions carefully before creating an account on the Bridestory Platform. If you may not accept and disagree with this Terms and Conditions, you are not allowed to continue accessing or using the Bridestory Platform and are encouraged to leave the Bridestory Platform.
In this Terms and Conditions, other than the words defined in the general provisions, unless as expressly provided otherwise, the terms hereunder shall have the following meaning:
(a) “Goods” shall mean tangible or physical objects;
(b) “Bridestory” shall mean the operator as the owner and the party managing the Bridestory Platform. The term “we” shall refer to Bridestory;
(c) “Bridestory Pay” shall mean the payment system provided by Bridestory to accommodate payment of the Transaction;
(d) “Social Welfare Fund” shall mean a fund of 10 % of the free lottery value amount which must be paid to the Ministry of Social Affairs of the Republic of Indonesia (or other designated authorized institutions) as stipulated in the Minister of Social Affairs Regulation No. 19 of 2014 on Online System Application Technical Guideline of Free Lottery Permission Service and Collection of Money or Goods;
(e) “Bridestory IPR” shall have the meaning ascribed to it in Clause 15 of this Terms and Conditions;
(f) “Governing Laws” shall have the meaning ascribed to it in Clause 16.1 of this Terms and Conditions;
(g) “Confidential Information” shall have the meaning ascribed to it in Clause 12.1 of this Terms and Conditions;
(h) “Registration Information” shall have the meaning ascribed to it in Clause 6.1 of this Terms and Conditions.
(i) “Commission” shall have the meaning ascribed to it in Clause 4.1 of this Terms and Conditions;
(j) “Order” shall have the meaning ascribed to it in Clause 3.1 (b) of this Terms and Conditions;
(k) “User” shall mean including but not limited to the parties utilizing the Bridestory Platform, either the ones who have completed account registrations or the ones who are just visiting the Bridestory Platform (as a guest). The term “you” herein shall refer to the User;
(l) “Closing of Account” shall have the meaning ascribed to it in Clause 13 of this Terms and Conditions;
(m) “Dispute” shall have the meaning ascribed to it in Clause 16.1 of this Terms and Conditions;
(n) “Product” shall have the meaning ascribed to it in Clause 2 of this Terms and Conditions;
(o) “Wedding Cancellation Protection” shall have the meaning ascribed to it in Clause 7.1 of this Terms and Conditions;
(p) “Transaction” shall have the meaning ascribed to it in Clause 3.1 of this Terms and Conditions; and
(q) “Vendor” shall mean including but not limited to a natural person, a limited liability company, a cooperative, a corporation (whether incorporated as a legal entity or not);
The User may find a variety of best quality goods and/or services in the Bridestory Platform as offered by the Vendors registered on the Bridestory Platform to simplify your process of searching for the goods and/or services according to your requirements, e.g. 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 shall collectively be referred to as the “Product”)
3. Bridestory Pay
3.1 The User and the Vendor hereby understand, consent and agree that the performance of the activities rendering the use of the Bridestory Platform including but not limited to the Order, the purchase and the payment of the Product (“Transaction”) will require the performance by the User and the Vendor of the following procedures of Transaction as set forth by Bridestory:
(a) the User shall log in to the Bridestory Platform to search for the Vendor offering the Product to the requirements of the User;
(b) after finding a Vendor, the User may enquire the Vendor through any of the features made available in the Bridestory Platform, e.g. message sending, pricelist request, vendor inquiry, and best offer message. In this stage, the User and the Vendor may determine including but not limited to the term and date of payment, the Goods delivery procedure, and the provision of the Service by the Vendor (the “Order”);
(c) upon agreement with the User regarding the Order, the Vendor shall make an offer letter in the format available in the Bridestory Platform containing at least the details of Product, price, term, and date of payment, particulars, and notes; and
(d) thereafter, the Vendor shall send the offer letter through the Bridestory Platform to be then forwarded to the User. After the User has reviewed and clicked to agree, the User shall be deemed to have agreed on (the terms of) the offer letter and shall process the payment.
3.2 The User and Vendor who have agreed to conduct the Transaction through the Bridestory Platform shall use a payment method through the Bridestory Pay as set forth by Bridestory. The User may select any of the following payment methods which are available with the Bridestory Pay including but not limited to:
(a) Virtual Account
You shall be required to follow the procedures set forth by Bridestory and/or any relevant service provider as follows:
(i) you shall agree to make a payment in the Bridestory by selecting the BCA Bank Transfer or the Other Bank payment methods, and selecting the Pay button to receive (your) virtual account number;
(ii) you shall agree to generate (the) virtual account number;
(iii) you shall transfer to the Bridestory’s virtual account an amount stated in the Order, and make sure that you transfer up to the last 3 (three) digits, upon the confirmation of successful payment of which, we will send a payment receipt notification via email; and
(iv) if within the specified time limit you shall not have completed your payment, your payment shall be deemed expired, and consequently, you shall receive an email notification in the form of a copy of the invoice with the “expired” status, the date, and the cause of expiration.
(b) Credit Card
You shall be required to follow the procedure set out by Bridestory and/or the relevant service provider as follows:
(i) you shall complete the credit card data such as the number of the card, the validity period, the code at the back of the credit card, and the name on the credit card;
(ii) you shall agree to the terms and conditions of payment using the credit card;
(iii) you shall be invoiced by the amount agreed with the Vendor during the Order. Your payment shall be processed and upon confirmation of successful payment, we will send you the payment receipt notification via email; and
(iv) if the Bridestory system rejects your payment, you shall receive an email notification in the form of a copy of the invoice with the “rejected” status, the date, and cause of rejection.
4.1 Bridestory may apply or administer a commission for the service made available in any Transaction carried out through the Bridestory Platform (“Komisi”).
4.2 Up to the date hereof, Bridestory has not administered any Commission. Nevertheless, should there be any administration of Commission in the future, you hereby consent and agree to be administered with the Commission upon receipt of a prior notification made through the notification feature of your Bridestory account within at least 1 (one) week before the Commission shall be deemed effective by Bridestory.
5. Lottery Draw
5.1 Bridestory may, at any time, organize a lottery draw under different terms and conditions for each draw.
5.2 The lottery draw shall be held on the 10th (tenth) day of the following month, and if the date falls on the end of a week or a (national) holiday, the lottery draw will be held on the following business day. The lottery draw shall be conducted under the policies of Bridestory. We will inform the date of lottery draw through the notification feature of (your) Bridestory account.
5.3 The participant entitled to participate in the drawing shall be the User already having a Bridestory account and receiving a coupon containing a unique code.
5.4 The Winner of the lottery will be announced through the Bridestory Platform and will be contacted by Bridestory following the draw. Should the winner is unable to be contacted, (the decision regarding) the winner will be canceled, and the lottery will be redrawn to decide the new winner.
5.5 The lottery winner shall be liable for any taxes and costs arising in connection with the lottery according to the applicable regulations, including the Social Welfare Fund.
5.6 By participating in the lottery, the participant allows Bridestory to use (including to publicize) the photos and videos for the interest of Bridestory.
5.7 Except for any withholding of tax, costs, and, including but not limited to, the Social Welfare Fund as contemplated in Clause 5.5, Bridestory shall not charge any costs for the lottery draw; we recommend the participant to be mindful of any fraud that may be conducted falsely on behalf of Bridestory. Bridestory shall not be liable for any losses arising as a result of the fraud conducted falsely on behalf of Bridestory.
6. User' Obligations
6.1 User Account
You agree that you shall be fully responsible and liable for the confidentiality of your Login ID, Password, and email in connection with the use of the Bridestory Platform (“Registration Information”). Therefore, you:
(a) shall not be allowed to use a password that is commonly used and easily known by other people;
(b) shall not be allowed to inform or assign the Registration Information to any other party and shall maintain its confidentiality; and
(c) shall not be allowed to store the Registration Information in a cell phone or in any other storage facilities that may be viewed by any other people.
6.2 Notification of Illegal Access
If you are aware of any illegal access to your Registration Information or Bridestory account, you must promptly notify us by sending an email to Bridestory at email@example.com For the avoidance of doubt, such notification will not render us liable for any form of misuse of your Confidential Information or Bridestory account due to illegal access.
The taxes arising in connection with the Transaction shall be the respective responsibilities and obligations of the User and the Vendor. The User and the Vendor shall be obliged to fulfill its respective obligations on tax according to the applicable taxation provisions in the Republic of Indonesia.
7. Wedding Cancellation Protection
7.1 Bridestory shall protect you if at a later time prior to and/or during the wedding, you cancel the wedding due to circumstances beyond your control as provided here, which render the cancellation or reschedule of the wedding (the “Wedding Cancellation Protection”).
7.2 In providing the Wedding Cancellation Protection, Bridestory enters into cooperation with one of the leading insurance companies to protect against any financial losses incurred due to the circumstances leading to the cancellation.
7.2 Certain terms and conditions regulating the wedding cancellation shall apply to the Wedding Cancellation Protection.
9. Disclaimer and Release of Liability
9.1 No Representation and Warranty
(a) Regarding any and all matters related to the Bridestory Platform, we made them available to you on “as it is” and “as available” basis. Bridestory shall not provide any representation and warranty of any kind whatsoever whether expressed or implied regarding Bridestory’s content and operation. You hereby consent and agree that you use Bridestory’s services at your own risk and responsibility.
(b) We do not procure any representation and warranty of any kind whether expressed or implied on the condition, accuracy, reliability, completeness of both the content and the services of Bridestory. We also do not make any representation and warranty of any kind whether expressed or implied which states that the Bridestory Platform is a perfect platform. There is a high probability of an occurrence of disruptions, bugs, errors or virus infections or an automatic operation of a code or a computer program that may be infected or may be destructive or may be intended to be harmful, to forestall and override the system, your personal data or information stored in the Bridestory Platform.
9.2 Release of Liability
(a) Bridestory is a technology company providing an innovative platform and marketplace to connect the Vendor and the User. For the avoidance of doubt, Bridestory Platform is a software that serves as a place to connect Vendors intending to offer its Products and Users intending to use the Vendor’s Products. Bridestory shall not offer or provide any wedding products, service providers or wedding vendors. You shall understand that Bridestory shall not involve in, and Bridestory shall not act as any one of the parties to the actual transaction between Vendor and User. Therefore, Bridestory has no control over the quality, accuracy, security, or legality of Transaction and has no control over the accuracy of the list, the Vendor’s page, nor the Vendor’s ability to provide their offered Products on the Bridestory Platform. Bridestory shall only be obliged to manage the Bridestory Platform to the best of its ability to facilitate the Transaction, including but not limited to, the provision of the Bridestory Pay. Therefore, the User shall hold Bridestory harmless of any liabilities against all or any partial loss suffered by you which arises from, or in connection with the Transaction between User and Vendor.
(b) Bridestory shall not be responsible for any actions and/or services neglected by the Vendor to the User, and for any illegal actions taken by the Vendor. You shall not, at any time, state or cause any person to misunderstand that Bridestory is an agent, pretend to be an agent nor a representative of the management party nor the Vendor. The Vendor shall control the offer of the Products to the User, and the User shall control of whether to accept the offering of the Product from the Vendor or not.
(c) In managing and providing services through the Bridestory Platform, we continue to maintain the safety of your information by implementing the most optimum security system available. However, it is acknowledged that, there is a high probability that a loss or a leakage occurs due to the hacking of another party. Therefore, we neither represent nor warrant that Bridestory Platform is free of any threat of loss or leakage of information that may be caused by any other party as the threats you may encounter when accessing the Bridestory Platform may also be suffered by all internet users including the Bridestory Platform, which include but not limited to: (i) carding; (ii) cracking; (iii) phishing; (iv) malware; or (v) other things, addressed to the Bridestory Platform or its supporting infrastructure.
(d) You hereby represent that you understand the risks that may arise in connection with the matters and hold us harmless from any liabilities against all or partial losses or loss of profit you suffered in respect of your information leakage due to hacking of any other party or any disturbance, fault, error or virus infection on the Bridestory Platform.
You must indemnify, hold harmless and protect Bridestory in any circumstances including indemnifying, holding harmless and protecting Bridestory’s board of directors, commissioners, shareholders, administrators, employees, and/or its affiliates from and against any and all losses, damages, liabilities, payments, obligations, and expenses (including any reasonable legal fees and expenses) directly suffered by Bridestory and any of its board of directors, commissioners, shareholders, administrators, employees, and/or its affiliates led by the User’s breach in using the Bridestory Platform.
In the process of a refund (of all fund or for a fund difference), the refund shall be made by the Vendor to the User according to the agreement between the Vendor and the User.
12.1 In using the Bridestory Platform, the User and the Vendor must maintain the confidentiality of the information provided by us to the Vendor and the User, or any other information that you obtain by using the Bridestory Platform, including but not limited to, any commercial, contractual, and financial information, trade secrets, ideas, concepts, technology, designs, specifications, diagram data, any other technical information, in any form whatsoever (the “Confidential Information”). The obligation to maintain the confidentiality of the Confidential Information shall be effective upon your Bridestory account registration, and shall continue to be effective notwithstanding the termination of your relationship with Bridestory by way of the Closing of Account by the User, provided that the obligation to maintain the confidentiality of the Confidential Information shall not be applicable for:
(a) the data or information already in your possession prior to your registration of a Bridestory account, as evidenced by a written record;
(b) the data or information explicitly mentioned by us as the data or information that may be disclosed to any other parties;
(c) the data or information approved to be disclosed by us to any other parties;
(d) the data or information disclosed by us to the public; or
(e) the data or information that must be disclosed under the Governing Law, court order or decision, rules or regulations of a regulatory body.
12.2 In case of violation of any of your obligation to maintain the confidentiality of Confidential Information, which consequently renders any of the following instances:
(a) the disclosure of the Confidential Information;
(b) the theft, fraud, and/or misappropriation in connection with our assets;
(c) the incorrect or false representation about us;
(d) the humiliation or threat from any parties to us or our employees; or
(e) any other matters detrimental to us in any form whatsoever.
You shall be fully liable to indemnify all damages and/or losses of profit of Bridestory or any of our business partners arising from, or in connection with, your breach of the obligation to maintain the confidentiality of the Confidential Information.
13. Validity of the Terms and Conditions
Unless if terminated by you or by us, this Terms and Conditions shall continue to be effective on you. If you wish to terminate this Terms and Conditions, you may do so by closing your Bridestory account by sending a closing of account request to our email at firstname.lastname@example.org, and we will process the closing of your Bridestory account (“Closing of Account”). The Closing of Account will not release the User of any obligations accumulated prior to the date of the Closing of Account.
14. Terms and Conditions Amendments
We are entitled, at any time, to amend this Terms and Conditions based on our consideration and decision. Any amendment to this Terms and Conditions will be informed through the notification feature on the Bridestory account. The new Terms and Conditions will be effective 24 (twenty-four) hours thereafter. If you do not wish to be bound by the new Terms and Conditions, you may request for the Closing of Account. If you do not request a Closing of Account, you are deemed to agree to be bound by the new Terms and Conditions.
15. Intellectual Property Rights
Any matters pertaining to Bridestory, including but not limited to writings, images, logo, contents, features, software shall be our intellectual property rights protected under the laws of the Republic of Indonesia, including but not limited to: (i) Law No. 28 of 2014 on Copyright; (ii) Law No. 13 of 2016 on Patent; (iii) Law No. 20 of 2016 on Trademarks and Geographical Indications; and (iv) any other relevant laws and regulations (“Bridestory IPR”). You are entitled only to use, or in other words, to download or to print any Bridestory IPR for your personal interest and not for commercial purposes.
16.1 Governing Law. This Terms and Conditions shall be governed by and construed under the laws of the Republic of Indonesia (“Governing Law”).
16.2 Dispute Resolution. To the best possible, any differences or disputes arising as a result of the interpretation and/or the performance of this Terms and Conditions (the “Dispute”) shall be settled amicably by deliberation to reach a consensus. Any Dispute must be notified in writing through email or by using any other manner deemed relevant. In case of a failure to reach a consensus after 30 (thirty) days, the Dispute shall be settled using an arbitration in Jakarta at the Indonesian National Board of Arbitration (Badan Arbitrase Nasional Indonesia/BANI) by three (3) arbitrators appointed under the applicable rules and procedures in BANI.
16.3 Severability. The full or partial invalidity, ineffectiveness, unenforceability, or illegality of any one or more provisions in this Terms and Conditions under the laws and regulations shall not invalidate nor render the ineffectiveness of any other provisions herein. Therefore, other provisions herein shall continue to be fully effective notwithstanding the invalid, ineffective, unenforceable or illegal provisions.