Terms and conditions
TERMS OF USE
This TERMS OF USE is made by PT KEDAI LINTAS KOMUNIKASI a company registered under Companies Act no.40 2007, having its registered office at Komplek Graha Cempaka Mas C/29, Jakarta Pusat, Indonesia (hereinafter referred to as “Klikcare”) and you as a User of the Klikcare Service.
DEFINITION
'Use' or 'Using' means to access, view, download, upload, or any other legal use or otherwise benefit from using the Klikcare Service.
'User” or “you' means any person who accesses or uses the Klikcare Service for his own purpose or on behalf of someone else and includes any legal entity.
“User’s Content” means any content, including any text, data, information or other material, that you may upload, transmit or store using the functionality of the Klikcare Service.
“Order” or 'Job': means any order placed for services through the Klikcare’s Mobile Application/Website or any other medium or platform.
'Vendor' wherever applicable means a third party, which has agreed to co-operate with Klikcare to offer its services.
“Klikcare App” means a Mobile Application owned and operated by Klikcare and all screenshots, pages appearing, appended, available along with this Mobile Application.
“Klikcare Service” means collectively including all content provided through the Klikcare App and the Website.
“Website” means www.klikcare.com and all web-pages appearing, appended, available along with this Website.
KLIKCARE SERVICE USE
User is hereby allowed to use the Klikcare Service subject to acceptance of the terms and conditions of this Terms of Use and the Privacy Policy on the Klikcare App and/or Website (“Terms”). Klikcare retains the right to change the Terms from time to time and such modified Terms shall be immediately applicable. Everytime You use the Klikcare Service, shall constitute your acceptance of changes made to Terms.
User conveys acceptance to Terms every time the User uses the Klikcare Service. User has discretion not to use the Klikcare Service, so User’s use of the Klikcare Service, despite having the right and power of not to use, is construed as User has accepted the Terms.
Klikcare can provide User, subject to acceptance of Terms, at its sole discretion, the User Name and Password (“User Account”). Klikcare solely reserves the right to accept or reject application made by User for having User Account without obligation of explanation. Klikcare reserves the right to store, evaluate, analyse, verify and authenticate the personal information and data provided by the User. The User hereby acknowledges that Klikcare continues to maintain right to close the User Account without any prior notice for any reasons whatsoever it may be.
Any person who access this Klikcare Service is presumed to be legally capable of entering into a legal contract and has understood and voluntarily accepted the Terms
RULES OF CONDUCT
The Klikcare Service shall facilitate the User to order or book services online by using the Klikcare App and/or Website. You acknowledge, agree that you have complete responsibility while ordering services through the Klikcare App and/or Website. The User’s discretion is required while using the Klikcare Service.
The Klikcare Service shall be used solely for User’s non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. User’s use of the Klikcare Service is subject to all applicable local, state, national laws and regulations wherever applicable. Except as specifically permitted in Terms, User shall have no right to copy, change, alter, amend, reverse engineer, decompile, reverse translate, disassemble, publish, disclose, display or make available, or in any other manner, decode the Klikcare App and/or the Website.
ORDERING
You agree that, any contract for the service ordered through use of Klikcare App and/or Website is between You and Klikcare; any contract for the supply of Klikcare Service from the Klikcare App and/or Website is between You and Klikcare. You agree to take reasonable care when providing Klikcare with your details and warrant that these details are accurate and complete at the time of ordering a service. You also warrant that the credit or debit card details that You provide are of your own credit or debit card.
Klikcare Service and/or Services purchased/availed from the Klikcare App and/or Website is intended for your use only and that You are acting as an end customer only and not as an agent for another party while using the Klikcare Service.
You understand that, if the ordered service is within the capacity of the Klikcare or it's associated vendors, Klikcare will accept the contract and confirm it to you. If the details of the order are correct, the contract for the service will be confirmed by email, text message (SMS) and/or other medium to the User.
The confirmation message will specify delivery details including the approximate service time specified by Klikcare.
In case service is not possible for whatsoever reason, Klikcare will let you know by email, text message (SMS), phone call and/or other medium. You understand and acknowledge that in unforeseeable events or Force Majeure events, Klikcare may not be able to reach and/or communicate with You about the non-availability of the scheduled service.
PRICES AND POLICIES
All prices listed on the Klikcare App and/or Website for services are correct at the time of publication and is as received vendors wherever applicable. While Klikcare takes great care to keep them up to date, the final price charged to you by Klikcare or the vendor may change at the time of delivery based on the latest menu and prices. Klikcare reserves the right to alter the menu of the services available for usage on the Klikcare App and/or Website and to delete and remove them if needed.
All prices listed on the Klikcare App and/or Website for services by Klikcare or its associated vendors listed on the Klikcare App and/or Website reflect the price charged by Klikcare or the vendor or its service partner at the time of listing. In the event where the vendor or the service partner informs Klikcare immediately after placing the order by the User, about the change in price for the service, Klikcare will try to make every possible effort to inform the User about the price difference and the User can choose to opt-out of the order at that time
All prices for services by Klikcare or a third party service provider assigned by Klikcare listed on the Klikcare App and/or Website is correct at the time of publica tion, however, Klikcare reserves the right to alter the same in future.
The total price for services including all other charges, taxes, costs, if any, will be displayed on the Klikcare App and/or Website when you place your order. Foor orders that need an inspection or visit, the final cost towards the service will be confirmed after the inspection/ visit and before commencement of the service. Full payment must be made for all the particulars mentioned in the order. Payment has to be made in cash or, if available on the Klikcare App and/or Website, by online payment including through credit card, debit card, netbanking or wallet.
If you choose online payment, you must pay for your order before it is delivered. You shall ensure that online payment mode is secured, your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also conduct necessary security checks to confirm about your identification before making any such payment.
SERVICE
Service time quoted at the time of ordering are approximate only and may vary. Services will be delivered to the address as intimated by you while ordering.
In case service is done by Klikcare or vendor or a third party delivery service provider assigned by Klikcare, Klikcare will take reasonable care to deliver in a timely manner. No responsibility is taken for late service by Klikcare in either case.
All orders are serviced by reputable businesses. Klikcare and the vendor or service partners will make every effort to deliver within the time stated; however, Klikcare will not be liable for any loss caused to you by late delivery. If the service is not offered within the estimated delivery time quoted, User shall contact Klikcare by email and Klikcare will try to ensure that you receive your order as quickly as reasonably possible.
In case of a late service, no charges will either be voided or refunded by Klikcare.
All risk in the service shall pass to you upon availing the service though Klikcare takes ample precaution to avoid any such risks.
If you fail to accept the service at the time they are ready or Klikcare is unable to deliver at the nominated time due to your failure to provide appropriate instructions or authorizations, then the service shall be deemed to have been delivered to you and all risk and responsibility in relation to such orders shall pass to you. Any storage, insurance and other costs which Klikcare incurs as a result of the inability to service shall be your responsibility and you shall indemnify Klikcare in full for such cost.
You must ensure that at the time of service arrangements, including access where necessary, are in place for offering the service. Klikcare cannot be held liable for any damage, cost or expense incurred to such service as a result of a failure to provide adequate access or arrangements for service.
Klikcare or the vendors or service partners, aim:
- to offer services at the place of service requested by you in your order;
- to deliver within the time confirmed in your order;
- to inform you if they expect that they are unable to meet the estimated service time.
Klikcare, the vendors or the service partners shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
You understand and accept that it might not be possible for Klikcare, vendor or service partners to offer services to some locations. In such cases, Klikcare will inform you accordingly and arrange for cancellation of the order or service to any alternative delivery address.
CANCELLATION
You must notify Klikcare immediately if you decide to cancel your order, through the app, or by email, or by WhatsApp/Text Message, or by phone. If Klikcare accepts your cancellation, no cancellation fee applies. If Klikcare is unable to accept your cancellation for some reason e.g. because task force has been allocated and/or task force is already out for service, the order for the service may not be cancelled. Klikcare will not be able to refund the money already paid for any cancelled order, for which service arrangements have been already made.
Klikcare may cancel an order if the service unavailable for any reason. Klikcare will notify you if this is the case and return any payment that you have made.
If the cancellation was made in time and once Klikcare has accepted your cancellation, Klikcare will refund or re-credit your debit or credit card or net banking account with the full amount within 14 days.
In the unlikely event that Klikcare offers a wrong service, you have the right to reject the service of the wrong order and you shall be fully refunded for the order if you decide not to opt for the correct service. The order’s completeness will be decided by comparing offered service with the booked service. You have the right to refuse a partial order.
In cases of addresses being incomplete, Klikcare reserves the right to cancel such orders automatically.
INFORMATION
Where Klikcare have requested information from you to provide service, you agree to provide Klikcare with accurate and complete information.
You authorize Klikcare to use, store or otherwise process your personal information in order to provide the service to you and for marketing and credit control purposes (the 'Purpose'). The Purpose may include the disclosure of your personal information to selected third parties from time to time where Klikcare believes that the services offered by such third parties may be of interest to you or where this is required by law or in order to provide the service to you in future. More information can be found in Klikcare’s Privacy Policy.
You are entitled to request a copy of the said personal information Klikcare holds about you. Please contact us if you wish to request copy of this information.
PERSONNEL INFORMATION AND PRIVACY
User understands and acknowledges that by choosing Klikcare you have allowed Klikcare to use your personal information.
User understands, acknowledges and agrees that although Klikcare provides appropriate firewalls and protections, the Klikcare Service is not hack proof. Data pilferage due to unauthorized hacking, virus attacks, technical issues is possible.
In case Klikcare is required to disclose your personal information in order to assist the Government Authority or in adherence to the Court Order or to protect the interest of the Klikcare Service and/or any particular user(s), Klikcare will disclose it without obtaining prior permission from you. You authorize us to disclose your personal information.
OWNERSHIP OF INTELLECTUAL PROPERTY
All data, information is the property of Klikcare or its Users. If you believe that the Klikcare Service contains elements that infringe your intellectual property rights in your work, please notify Klikcare immediately. If Klikcare receives intellectual property right infringement claim notification and it is felt appropriate, Klikcare may remove all such content from the Klikcare App and/or Website which is indicated as infringing and/or take any other appropriate action.
DISCLAIMER AND LIMITATION OF LIABILITY
THE KLIKCARE SERVICE AND ALL CONTENTS, MATERIALS AND POSTINGS ARE MADE AVAILABLE ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE KLIKCARE SERVICE WILL BE AVAILABLE FOR USE, OR THAT ALL SERVICES, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR BE PERFORMED AS DESCRIBED. THE SERVICES, THE KLIKCARE APP AND/OR WEBSITE IS NOT HACK PROOF. THE DATA MAY GET PILFERED, DAMAGED, LOST, GARBLED OR BECOME USELESS. WITHOUT LIMITING THE FOREGOING, KLIKCARE IS NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE KLIKCARE SERVICE. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO YOUR DATA, QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SAFETY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE KLIKCARE SERVICE, INCLUDING, WITHOUT LIMITATION, POSTINGS AND MATERIALS ASSOCIATED WITH YOUR USE OF THE KLIKCARE SERVICE.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE KLIKCARE SERVICE, KLIKCARE AND THEIR SUCCESSORS AND ASSIGNS, OR ANY OF THEIR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE KLIKCARE SERVICE OR FROM THIS TERMS OF USE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
Photographs provided on the Klikcare App and/or Website are only for reference and shall be treated as an example without any warranty, guarantee, quality, suitability, look, appeal and feel. The items displayed in photographs or advertisements may have variations in colours, appeal, looks, feel, etc. when compared to the services offered.
INDEMNIFICATION
You agree to indemnify, defend and hold Klikcare, its parents, subsidiaries, affiliates, successors, assigns and licensors, franchisees or sub-franchisees, any of their respective officers, directors, employees, agents, vendors, licensors, representatives, advertisers, service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of Terms by you, or due to your activities related to the Klikcare Service, whether by use of User Account or otherwise.
APPLICABLE LAWS
These Terms contains the entire understanding and agreement between User and Klikcare and supersedes any and all prior or inconsistent understandings relating to Klikcare Service and your use of Klikcare Service. Terms cannot be changed or terminate d orally. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of Terms. Terms and your use of Klikcare Service is governed by, construed and enforced in accordance with the laws of Indonesia applicable to contracts made, executed and wholly performed on the Klikcare Service, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the Courts of Pengadilan Negeri Jakarta Pusat, Jakarta, Indonesia and you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction or otherwise.
FORCE MAJOR
Without limiting the foregoing, under no circumstances shall Klikcare be held liable for any damage or loss due to deficiency in performance of the Klikcare Service resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures.
GENERAL PROVISIONS
Each provision of the Terms is independent of each other. If any provision of the Terms is found void and unenforceable, it will not affect the validity of the remaining provisions of Terms, which shall remain valid and enforceable.
COMPLAINTS
Klikcare takes complaint very seriously and aim to respond to your complaint within 5 business days. All complaints to be addressed to care@Klikcare.co.id
IF YOU DO NOT ACCEPT AND ABIDE BY THIS TERMS, YOU MUST NOT USE KLIKCARE SERVICE.
If you have any questions about the terms & conditions, please contact us at: +62 896-8908-3000 or info@klikcare.co.id