Terms And Conditions

These Terms and Conditions must be read before using the apps. The usage of any part of the Apps indicates acceptance of these Terms and Conditions

The World Priority App ("Apps") is managed by PT. Bayu Buana, Tbk ("Bayu Buana") including its subsidiaries and affiliated companies ("we", "us", "our"). By accessing and/or using any part of the Apps, you acknowledge that you have read and understood, and agree to the Terms of Use ("Terms") and other terms and conditions in relation to the Apps as referred to in these Terms. If you do not agree to be bound by these Terms, you may not access or use any part of the Apps. These Terms constitute a binding legal agreement between you as an individual user ("you" or "your") and Bayu Buana. You must be at least eighteen (18) years old to use the Apps.


Please note that we may change, modify, add and delete these Terms at any time where this is necessary to comply with any law or regulation binding on us or to reflect a change to our operational practices, provided that we will use reasonable endeavors to provide notice of material changes on the Apps. Every time you use the Apps, please check these Terms to ensure that you have reviewed the current version. By continuing to use any part of the Apps after such changes to these Terms, you agree and consent to the changes.


If you use any of our other services, then your usage is based on the submission to and acceptance of the terms and conditions applicable to such services, which will be made available to you when you use those other services.

SCOPE OF OUR SERVICES

  1. Through the Apps, Bayu Buana provides an online platform where you can see all your World Priority Vouchers and can instantly use these vouchers to pay transactions that you have made with us. You can also see our Special Deals for World Priority Members.
  2. Although we will use our expertise with caution in performing the Services, we do not verify, and do not guarantee, that all information provided by Vendors that is available on the Apps is accurate, complete, correct or the latest available, and we are not responsible for any errors (including placement and typing errors), obstruction (either because of temporary and/or partial, damage, repair or improvement to the Apps or otherwise), inaccurate, misleading or false information of Vendors or non-delivery of information by Vendors.
  3. In a particular case, we may cancel or reject the use of voucher with respect to a "Real Mistake", which does not depend on where the error originated. A Real Mistake is a fault on the Apps (for example, in terms of the voucher use) which no reasonable person would consider appropriate or to make business sense.

USER ACCOUNT

  1. You must create an account to use the Services. We will collect and process your personal information, such as your name, electronic mail (e-mail) address, and your mobile phone number when you register to set up an account. You must provide us with an accurate, complete, and latest information and agree to provide us with any proof of identity that we may reasonably request. We will collect, use, disclose and process your personal information in accordance with our Privacy Policy.
  2. Only you can use your own account and you represent and warrant that you will not authorize any other party to use your identity or your account for any reason, unless permitted by Bayu Buana.
  3. You cannot assign or transfer your account to any other party.
  4. You must maintain the security and confidentiality of your account password and any identification we provide to you. In the event of any disclosure of your password, in any way whatsoever resulting in any unauthorized use of your account or identity, order(s) received from such unauthorized use shall still be considered as valid orders and we will process such order(s). Subject to any rights you may have at law, you hereby declare that Bayu Buana is not responsible for any loss or damage arising from the misuse of your account in accordance with this clause
  5. If you no longer have control over your account, you are required to immediately notify us (e.g., your account is hacked in any way or your phone is stolen) so we can temporarily block and/or inactivate your account. Please note that you are responsible for your use of your account and may be liable for your account even if your account is misused by others.
  6. Bayu Buana has the full right to temporarily block, delete, or deactivate your account at our sole discretion and for any cause without giving reasons for blocking, deletion, or deactivation of your account provided that this will not affect our obligations to provide any Services that have been purchased by you prior to that time (unless we also cancel those Services as permitted by these Terms). The reasons for blocking, deletion, or deactivation of your account may include but are not limited to:
    • a) breach of these Terms,
    • b) prohibitions in law or regulations,
    • c) fraud or theft (or indication or suspicion of fraud or theft),
    • d) suspicion of criminal activity,
    • e) you are providing inaccurate, erroneous or misleading information,
    • f) your inappropriate behavior, threats, or insults,
    • g) refusal to provide information,
    • h) practical impediments,
    • i) communication difficulties or breakdowns, or
    • j) you are listed on any "black lists" or "watch lists" by governments or international organizations.

MEMBERSHIP PROGRAM

  1. By registering with Bayu Buana, you will automatically be a member of our membership program named "World Priority" operated by Bayu Buana.
  2. Asamember of "WorldPriority" you will gain access to the points, promotions, discounts, features, or other benefits offered by Bayu Buana and/or third party merchants as made available from time to time on the Apps. For avoidance of any doubt, we may, to the extent permitted by law, from time to time change, remove, or make unavailable part or whole points, promotions, discounts, features, or other benefits offered by us in accordance with applicable laws, provided that we provide reasonable prior notice of changes on our Apps

RIGHTS AND OBLIGATIONS

  1. Bayu Buana hereby grants the user certain limited rights (constituting a "Limited License"), which cannot be transferred or assigned, to access and use the Apps to the extent expressly permitted by these Terms. In connection with this Limited License, we are not granting you any other rights or licenses with respect to use of the Apps; rights or licenses not expressly granted, are reserved by Bayu Buana or other third party owners of such license. Content available on the Apps, including any information, data, text, images, sound, graphics, video, messages, reviews, or other materials, including the software infrastructure used to provide the Content (the "Content"), is wholly owned by Bayu Buana or its suppliers and service providers, including but not limited to the Vendors (as applicable). You also guarantee providing an accurate email and mailing address as well as other details of your contact information.
  2. You agree to not use the Apps or the Content for commercial purposes or either directly or indirectly for other than personal use or for unlawful purposes (prohibited by law) or do any acts that violate these Terms. Except with the written consent of Bayu Buana, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative creations from, transfer, sell or re-sell any information, software, products or services obtained in connection with the Apps. In addition, you agree not to:
  3. By placing an order through the Apps, you hereby represent and warrant that you are not subject to any prohibitions or restrictions by any sanctions program, or subject to any penalties under any anti-money laundering regime.
    • a) use the Apps or the Content for commercial purposes without permission from Bayu Buana;
    • b) access, monitor or copy any Content on the Apps using technology, software, or any program either manually or automatically for any purpose without written permission from Bayu Buana;
    • c) perform any action that imposes or may impose, an unreasonable burden on the Apps or Apps infrastructure;
    • d) make a major link to the Apps for any purpose without the written consent from Bayu Buana;
    • e) resell, use, copy, perform surveillance (such as using or installing spider or scrape programs), display, download or perform any Content production, software, products, services available through the Apps for commercial purposes or objectives/activities of competition;
    • f) send or store any material to or through the Apps that violates any law, regulation, or rules, or which can support unlawful or criminal activities;
    • g) send or store any material (including providing any links to other material) which is defamatory, slanderous, false, obscene, threatening, libelous or otherwise unlawful or tortious;
    • h) send spam or other unsolicited messages or otherwise cause nuisance, annoyance or inconvenience;
    • i) send or store any material that may infringe upon the intellectual property or other rights of a particular entity or person, including but not limited to copyrights, patents, trademarks, trade secrets, confidential information or publications;
    • j) send or store any material which prohibited by applicable law or violate the rights and obligations that exist based on the contractual relationship;
    • k) send or store any material containing software viruses, worms, malware or other harmful computer code;
    • l) imitate any person or entity for any purposes;
    • m) manipulate or falsify information with the aim to disguise the origin of statements
      • provided;
    • n) use the Apps in any manner which could damage, disable, obstruct, or interfere with the use of the Apps or other users of computer equipment, or cause damage, disruption or limit the functionality of the software, hardware or telecommunications equipment;
    • o) gain unauthorized access or perform unauthorized modification to the Apps or other related Apps, other accounts, computer systems, networks connected to the Apps through hacking, password theft or other similar matters;
    • p) obtain or attempt to obtain any materials or information by ways that are not intentionally supplied by the Apps (including but not limited to other destinations provided by the Apps). This includes but is not limited to, obtaining or collecting information about others such as email addresses;
    • q) engage in fraudulent acts or actions that aim to manipulate a search engine results page ("SERP") or perform search engine optimization ("SEO"). SEO practices considered unethical or to constitute "spamdexing" include but are not limited to cloaking, metadata, title tags, content scraping, link schemes, google bomb, search keywords, hidden text or hidden links, link schemes, comments containing spam and other matters;
    • r) any other action which may adversely affect or result in damage to the Apps, Bayu Buana, or its affiliates and employees, or Bayu Buana’s reputation;
    • s) modify or make derivative works based on the Apps and/or the Services, or reverse engineer or access the underlying software for any reason; or
    • t) use the Apps to build a competitive product or service.

INTELLECTUAL PROPERTY RIGHTS

  1. All intellectual property rights ("Intellectual Property Rights"), including but not limited to copyright, patents, domain names, trademarks, service marks, logos, symbols or other designs etc., in Content on the Apps are owned by Bayu Buana and its affiliated companies or by the Vendors or other third parties that Bayu Buana has a commercial arrangement with. All information and materials, including but not limited to: software, text, data, graphics, images, sounds, videos, trademarks, logos, icons, html codes and other codes on the Apps are prohibited to be published, modified, copied, reproduced, duplicated or altered in any way outside the area of the Apps without the express written permission of Bayu Buana. If you violate these rights, Bayu Buana reserves the right to bring a civil claim for the full amount of damages or losses suffered. These violations may also constitute criminal offences.
  2. Bayu Buana and/or its affiliated companies are the owners of certain Intellectual Property Rights. Except as expressly set out in these Terms, nothing in these Terms shall be construed as granting you a license or any rights, implied or otherwise, to use, possess, distribute or modify any of Bayu Buana’s Intellectual Property Rights. Other product and company names contained on the Apps, including names, trademarks, marks, service marks, logos, symbols or other designs may be owned or licensed for use by third parties. Use of third party Intellectual Property Rights on the Apps is not considered a recommendation or sponsorship for the Apps by third parties. Bayu Buana owns copyright to the Apps, and you must not use, possess, distribute or modify any of the Intellectual Property Rights owned by Bayu Buana and its affiliated companies without express approval from Bayu Buana.
  3. The whole of the Content is protected by copyright laws. We and our licensors own the copyright and/or other rights over the selection, coordination, arrangement, and repair of the Content and the original content. You must not modify, reproduce, copy, perform, display, publish, or exploit the Content, in whole or in part, unless you have express written consent from Bayu Buana.
  4. Bayu Buana shall not be responsible for Intellectual Property Rights owned by third parties or for your and/or other party's infringement of Intellectual Property Rights owned by third parties.
  5. You can use the information on the Apps only for personal, non-commercial use. Unless specified otherwise, and expressly permitted by the copyright laws, you may not copy, reproduce, redistribute, retransmit, publish or otherwise commercially exploit any downloads you make from the Apps without the permission of the owner of the Intellectual Property Rights. Even if you obtain the necessary permission, you must not make changes or deletions. You hereby accept and agree that downloading any Content does not grant you any Intellectual Property Rights in that Content.
  6. Bayu Buana in making the Apps, preparing the source code and performing software support, can license the use of open source software from third parties through the GNU General Public License ("GPL"). Any use by Bayu Buana of open source software and the Intellectual Property Rights of a third party are with the necessary licenses or permits.

CLAIMS OF INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT

  1. If there is evidence of violations of your Intellectual Property Rights, you or your representative (collectively, the "Sender") may send a notice containing the following details listed below:
  2. Name and address of the Sender;
  3. In case the Sender is not the owner of the Intellectual Property Rights or license exclusive then it must include the name and address of the owner of the Intellectual Property Rights;
  4. In case the Sender’s address is not in Indonesia, the Sender shall provide a temporary address in Indonesia;
  5. Sender’s telephone number and electronic mail address;
  6. Sufficient details so as to prove the existence of intellectual property rights violations, including online addresses of electronic copies;
  7. Sender’s request to remove or disable access to the infringing electronic copy or version;
  8. A statement that the information provided in the notice is accurate;
  9. A statement that the Sender (a) is the owner or exclusive holder of the intellectual property rights that are being violated; or (b) has the legal authority to act on the owner or exclusive holder's behalf; and
  10. The statement that the Sender subjects to Indonesia law and that all claims, disputes, controversies or differences arising out of intellectual property rights infringement shall be submitted to the Commercial Court in Jakarta. The Sender should state that they agree to abide by the terms of any settlement reached.
  11. The letter must be signed by the sender and delivered physically and via email to the following address:

    PT Bayu Buana, Tbk
    Jl. Ir. H. Juanda III No. 2
    Jakarta 10120, Indonesia
  12. We will review and handle notifications in accordance with the above requirements and in accordance with Republic of Indonesia law.
  13. You agree to not hold Bayu Buana responsible for losses or damages that may occur as a result of fraud, forgery or false accusations of intellectual property rights infringement.

LIMITATION OF LIABILITY

You hereby declare to and agree that, to the extent permitted by applicable law:

  1. The services and the content of the apps are provided on an "As is" and "As available" basis. We hereby expressly state that we do not make any kind of guarantee or warranty, whether express or implied, including with respect to the merchantability of a product or service, or suitability of the services we provide for a particular purpose and against non- infringement where applicable;
  2. We do not guarantee that: (I) the functions, services and security features provided in the apps will be uninterrupted or free from error (ii) the apps or the server provide services that are free from viruses, malware or harmful components;
  3. We do not warrant the accuracy, authenticity, integrity or quality of the content, apps or resources available to and from the apps including, but not limited to, any guarantee that the content, apps or resources are free from source material that is malicious, indecent, or controversial;
  4. Any material downloaded or otherwise obtained through the use of the services is at your sole responsibility and risk. You voluntarily assume such risk, and you will be fully responsible for any loss or damage arising out of or in relation to such material, including any damage to your computer system or loss of data that results from downloading any materials that are provided.
  5. Without prejudice to what is set out in these terms, we shall not be liable for any losses or damages, whether direct or indirect, resulting from or connected to your use of the apps or use of the links on the apps, including but not limited to special, incidental, punitive or consequential damages or other economic loss, even if we have been advised of the possibility of loss or damage that may occur;
  6. Nothing in these Terms limits or excludes:
    • a party’s liability for death or personal injury caused by such party’s negligence;
    • fraud;
    • any other liability to the extent it cannot be limited or excluded under applicable law.
  7. You hereby agree to indemnify and hold harmless Bayu Buana and its employees, affiliates, staff and partners, from and against any and all claims, demands, liability, damage or loss including legal fees, which arise as a result of claims of third parties in connection with: (a) your use of the Apps; (b) Content that is given, provided or accessed through this Apps; (c) your violation of the Terms; (d) violation of any other rights or obligations; and/or (e) any act or omission by you, whether negligent, unlawful or otherwise.
  8. The Apps may contain links to websites operated by parties other than Bayu Buana. We do not control those websites or links and are not responsible for the content or privacy or other activities of such websites. We, or other third parties, may upload automated search results or provide links to other websites. We do not review and/or do not have control over the Apps, source, and such Content. You agree that we are not responsible for the content or the availability of such websites and resources, and we do not endorse or recommend and are not responsible for the origin of such other websites or Content. You hereby agree to release us from and against any and all liabilities, expenses, loss, or damage, directly or indirectly caused or allegedly caused by or in connection with the use of or account for such Content, Apps or resource.
  9. Bayu Buana has sole and full discretion to change, postpone, discontinue or stop the Apps and/or part of the Apps, including any Services, and/ or usage of the Apps, or part thereof, at any time for any reason without prior notification to you.
  10. In the event of termination, both you and Bayu Buana remain bound by the obligations in these Terms, including but not limited to the warranties, indemnification, waiver and limitation of liabilities that you have agreed to, in relation to any Services that have been provided to you but which have not been fully provided as at the date of the termination.
  11. Bayu Buana shall not be liable to you or any third-party for any termination or suspension of your access to the Apps.
  12. Youa gree and consent to us collecting, using, disclosing and processing your personal data as set out in our Privacy Policy.

GOVERNING LAW

These Terms (and any and all disputes arising out of or in connection with these Terms (including any alleged breach or challenge to the validity or enforceability of these Terms)) shall be governed by and interpreted in accordance solely with the Laws of Indonesia.

DISPUTES RESOLUTION

  1. In the event of a dispute arising out of or in connection with these Terms, both parties shall first discuss in good faith to reach an amicable resolution within sixty (60) days from the date of the notice of dispute. However, if such dispute may not be settled by mutual consultation within sixty (60) days. If the dispute remains unresolved, the parties agree the courts of the Republic of Indonesia have non-exclusive jurisdiction.
  2. These Terms shall constitute the entire agreement and understanding between you and Bayu Buana on the subject matter thereof, and shall supersede all prior agreements, whether written or oral, between you and Bayu Buana concerning the subject matter thereof.
  3. If you use the Apps for or on behalf of a third-party ("Third-party"), such as a family member or a traveling companion, you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third- party of all applicable terms and conditions. When using the Apps for or on behalf of a Third-party, you agree to indemnify and hold Bayu Buana harmless from and against any and all liabilities, losses, damages, suits and claims including legal fees, arising from or connected to the breach of these Terms or negligence by you and/or the Third-party.
  4. These Terms are drawn up in the English language. Any translation into another language is for convenience and information purposes only. In case of conflict between the English language version and any such translation, the English language version shall prevail. Headings in this Agreement are inserted for convenience only and shall not affect the interpretation or construction of these Terms.
  5. In the event that any provision is determined to be unenforceable or invalid, by any court of competent jurisdiction, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law and such determination shall not affect the validity and enforceability of any other remaining provisions. The severed provision shall be replaced by a provision approximating as much as possible the original wording and intent.
  6. Failure by either Party to enforce any provision of these Terms at any time shall not be construed as a waiver of each Party’s rights to enforce the breach of such provision or any other provision in these Terms or as a waiver of any continuing, succeeding or subsequent breach of any provision or other provisions of these Terms.
  7. You may not assign or transfer your rights or obligations under these Terms, without our prior written consent.
  8. We reserve the right to change, modify, add and delete these Terms (or parts thereof) at any time where this is necessary to comply with any law or regulation binding on us or to reflect a change to our operational practices, provided that we will use reasonable endeavors to provide notice of material changes on the Apps. We may amend the Terms at any time by posting a variation on the Apps. The latest version of the Terms will supersede all previous versions.
  9. Except where expressly stated, nothing in these Terms is intended to grant to any third party any right to enforce any term or to confer on any third party any benefits under these Terms.
  10. Notices given pursuant to these Terms shall be deemed sufficiently given if they are in writing and forwarded by registered post or recorded delivery service or equivalent to either Party (at our registered address, or otherwise notified). Bayu Buana may give notice to you by means of a general notice published on the Apps or to your email address set out in your account. You must give notice to Bayu Buana by registered post or recorded delivery service or equivalent to either Party (at our registered address, or otherwise notified).

FORCE MAJEURE

  1. Bayu Buana shall not be liable for any non-performance or violation of these Terms, such as for transaction failure, restricted access to the Apps, or any damage or harm to users caused by any act or condition beyond the reasonable control of either you or us ("Force Majeure Event"). Force Majeure Events include but are not limited to natural disaster (floods, earthquakes), epidemic, riot, a declaration of war, war, military action, terrorist action, embargo, sanctions, changes in laws or regulations, lightning, hurricanes / typhoons / cyclones, labor strikes, demonstrations, airline or hotel bankruptcy or insolvency, and cyber attacks.
  2. Bayu Buana shall not be responsible for any damages or losses caused by any means to any party because of the Force Majeure Event.

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