Terms & Conditions

KOHBELANJA SITE SERVICES USE AGREEMENT

The www.kohbelanja.com Site Services Use Agreement (“Agreement”) between users as parties using the www.kohbelanja.com site and the kohbelanja.com application (“Users”) and Oxconn Technolgy (“OT”) as the site manager for www.kohbelanja.com and applications kohbelanja.com , contains the terms and conditions of using the site service www.kohbelanja.com and the application kohbelanja.com (“kohbelanja Site”) which applies to Users to be able to use the kohbelanja Site. The OT can then be referred to as “We/Us”. Please read carefully this Agreement. You must read, understand, accept and agree to all terms and conditions in this Agreement before using the application and/or receiving the content contained in it. By using the application and/or continuing access to the kohbelanja Site, the User agrees to all the terms and conditions contained therein, and therefore agrees to be bound by an Agreement with Us and therefore you agree to be able to receive services and access to all content contained in the kohbelanja Site. If you do not accept and approve one, part or all of the contents of the terms and conditions of this Agreement, Users are not permitted to access further and are welcome to leave the kohbelanja Site. Every activity related to the use of the kohbelanja Site so that both Us and Users in this matter, including sellers and buyers, are legally protected through applicable regulations on regulations including but not limited to regulations on Electronic Information and Transactions and Intellectual Property Rights, and for all forms of engagement arising from all activities on the kohbelanja Site have fulfilled the legal requirements and conditions of an agreement as stated in the Malaysian Civil law.

1. INTRODUCTION

1.1     This agreement is regulated and interpreted based on the Law of Malaysia (Malaysia). The parties mentioned in the Agreement hereby agree to submit to the courts in Malaysia.

1.2     In this Agreement what is meant by “Users” are individuals, whether Malaysian citizens, foreign nationals, or legal entities with the ability to use computers, networks, computers and/or other electronic media capable of accessing the kohbelanja Site in accordance with the need and have made an account name (username) and password (password).

1.3     Verified Member are users who have made an account name (username) and password have completed all the procedures and verification processes that exist on the kohbelanja Site or those Users pay for certain services that may be provided by the kohbelanja Site as a Registered User. Users and Registered Users are hereinafter referred to as “Users”.

1.4     By accessing or using the kohbelanja Site, Users who are included in the category of Users as mentioned in points 1.2 and 1.3 above consciously and without coercion from any party declare themselves agree to accept all terms and conditions contained in this Agreement and the provisions – other provisions that apply on the kohbelanja Site. As a User, the User is bound by the terms and conditions of the applicable Agreement in the event that the User accesses or uses the kohbelanja Site.

1.5     This agreement may be amended and/or updated every time and We will include the Agreement that has been changed or updated in kohbelanja Site. The terms and conditions that have been changed and updated will take effect immediately after the amended and updated terms and conditions are listed on the kohbelanja Site, and Users are required to read the terms and conditions of the Agreement from time to time, because this Agreement may change at any time without notice to the User. By continuing to access and use the kohbelanja Site, the User agrees to changes in these terms and conditions.

1.6     In the kohbelanja Site will or there has been a connection or hyperlink (link) connected to the third party site contained in the link outside the kohbelanja Site, and we hereby declare not responsible for the contents of the link outside the kohbelanja Site or sites provided or installed by third parties (Third Party Content), whether entered by unnamed users or by content providers who receive payments, or not made by us. By displaying Third Party Content on the kohbelanja website, it does not mean that neither we nor affiliated parties, officials, officers or employees have a working relationship as a sales agent with these third parties. Third Party content is entirely the responsibility of the content provider. We do not guarantee that all Third Party Content is accurate, does not violate morality, is valid or is true, and is not responsible if the User considers that the Third Party Content can be trusted. In addition, We are not responsible for activities carried out by Users and cannot be held accountable by anyone regarding losses suffered by other parties as a result of User actions.

2. USERS GENERAL PROVISIONS

2.1     The User hereby declares that the User is a capable legal subject and is able to bind himself into the Agreement.

2.2     Each User agrees not to copy, use or download all information, writings, images, video recordings, directories, documents, databases or advertisements on the kohbelanja Site or obtained through the kohbelanja Site for any purpose including and not limited to such as reselling or redistributing the contents of the kohbelanja Site, conducting mass marketing (via e-mail, SMS, regular mail or other communication media, be it electronic media, social media, etc.), running a business to compete with the kohbelanja Site or utilizing the kohbelanja Site for commercial purposes outside of transaction activities on the kohbelanja Site. Users are not allowed to take the contents of the kohbelanja Site systematically to create or compile, either directly or indirectly, collections, compilations, databases or directories (either using automated devices or manual processes) without our written permission. In addition, Users are not permitted to use the contents or materials mentioned above for any purpose not mentioned in this Agreement.

2.3     When visiting and using the kohbelanja Site, including any features and services, each User is not permitted to:

1. Violates any applicable law (including but not limited to regulations regarding export control, consumer protection, unfair competition, anti-discrimination or false advertising), the rights of other parties both intellectual, basic and other rights, and regulated rules on this Agreement.
2. Providing information and content that is wrong, inaccurate, misleading, defamatory, immoral, pornographic, discriminatory or racist.
3. Using false or temporary data, information, and accounts in the Registered User’s account.
4. Take actions that can disrupt the system of suggestions and/or ratings (such as displaying, importing or exporting information or input from outside sites or using it for purposes not related to kohbelanja Site).
5. Provide or include his account name and/or password on the kohbelanja Site (including in the suggestion or input column) or to other parties without our knowledge.
6. Spread spam, things that are immoral, or large amounts of electronic messages, serial messages.
7. Disseminate viruses or all other similar technologies that can damage and / or harm the kohbelanja Site, its affiliates and other users.
8. Entering or removing features on the kohbelanja Site is no exception without the knowledge and consent of us.
9. Save, imitate, change, or disseminate the content and features of the kohbelanja Site, including the ways of service, content, copyright and intellectual property found on the kohbelanja Site.
10. Take or collect information from other users, including email addresses, without the knowledge of other users.

2.4     We have the right to limit or not give access, or give different access to be able to open the kohbelanja Site and the features in it to each User, or change one feature or enter a new feature without prior notice. Each User is aware that if the kohbelanja Site cannot be used in whole or in part for any reason, then any business or activity carried out by the User may be disrupted. Each User hereby agrees that for any reason free us from any form of liability to the User or to third parties if the person concerned cannot use the kohbelanja Site (either because of interference, restricted access, changes in features or no inclusion of certain features or because other reason); or if communication or transmission is delayed, fails or cannot take place; or if there is a loss (directly, indirectly) because of its use or cannot be used on the kohbelanja Site or one of the features in it.

2.5     By continuing to access or continue to use the kohbelanja Site, the User is deemed to have read, understood and agreed to the terms of the kohbelanja Site regarding the Privacy Policy which regulates the issue of the use of information entered by each User into the kohbelanja Site. The user accepts this provision as well as additions or any changes or updates. Users understand and know consciously that We can change the provisions of this Privacy Policy at any time and will include the latest version on the kohbelanja Site. By continuing to access and use the kohbelanja Site, the User is deemed to accept and agree to the terms of the Privacy Policy listed on the Privacy Policy at the time of use.

2.6     Users acknowledge and agree that the prices listed on the Privacy Policy may change at any time and without prior notice.

2.7     Users acknowledge and agree that if the User uploads any form of content both in writing and/or images on the Privacy Policy including but not limited to comments, suggestions or criticisms, the User grants us non-exclusive rights, throughout the world, by continuous, irrevocable, royalty free, sublicensed, the right to carry out any and all database rights and intellectual property rights that the User has in the content. The user excludes moral rights and agrees not to claim those rights to us.

3. USER-GENERATED CONTENT 

You have the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials in our apps and websites, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, personal information, or other material. These contributions may be publicly viewable by other users and third-party. As such, any contributions from you may be treated as non-confidential and non-proprietary. 

When you create or make contributions, you thereby represent and warrant that: 

3.1     the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.  

3.2     you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use other users of our apps and websites to use your contributions in any manner contemplated by these terms of use. 

3.3     you have the written consent, release, and/or permission of each and every identifiable individual person in your contributions to use their names or likeness in any manner contemplated by the terms of use. 

3.4     your contributions are not false, inaccurate, or misleading. 

3.5     your contributions are not unsolicited or unauthorized advertising, promotional materials, spam, mass mailings, or other forms of solicitation. 

3.6     your contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, or slanderous towards other users of our apps and websites. 

3.7     your contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.  

3.8     your contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.  

3.9     your contributions do not violate any applicable law, regulation, or rule.  

3.10   your contributions do not violate the privacy or publicity rights of any third party.  

3.11   your contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.  

3.12   your contributions do not violate any federal or state law concerning child pornography. 

3.13   your contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.  

3.14   your contributions do not otherwise violate, or link to material that violates, any provision of these terms of use, or any applicable law or regulation.  

Any use that violates the above terms may result in, among other things, termination or suspension of your rights to use our apps and websites. 

4. VERIFIED MEMBER

4.1     By choosing to create an account as a User from the kohbelanja Site, the User will create an account name (username) and password when completing the registration and verification process specified in the kohbelanja Site.

4.2     Users are responsible for maintaining the confidentiality and security of the username and password and are fully responsible for all activities carried out by or in the name of the User account.

4.3     The user agrees to:

1. Immediately notify us of any alleged illegal/valid use with the name of the registered User account.
2. Ensure that Registered Users exit (log out) from the account at the end of each activity on the kohbelanja Site to avoid the possibility of misuse of the account in question.

4.4     That Users are not permitted to sell, attempt to sell, offer to sell, give, submit or transfer accounts, User identities or passwords to third parties without our prior knowledge and written consent. We may suspend or terminate Registered User accounts or accounts of parties receiving transfers from Users sold, offered for sale, given, transferred or transferred in violation of the provisions in this Article. If with our limited ability to identify this violation, then all consequences, risks are the responsibility of the Registered User who redirects.

4.5     We have the full right to limit, block or terminate the services of an account, prohibit access to the kohbelanja Site and content, services, and slow or delete hosted content, cancel transactions, freeze, delay and/or cancellation of funds withdrawals, and take legal steps to keep Registered Users or other users if We consider Registered Users or other users to violate applicable laws, violate the intellectual property rights of the parties concerned, commit fraud (fraud), use false or temporary data, information, and accounts in the Registered User’s account, or commit a violation of the matters stated in this Agreement.

5. USER RIGHTS AND OBLIGATIONS

5.1     Each User is obliged to pay in full for the transactions made on the kohbelanja Site in accordance with the terms of transactions and payments.

5.2     Each User is responsible for all things or activities carried out on the kohbelanja Site on behalf of the User or using that User account.

5.3     Every User is fully responsible if the User violates the provisions detailed in this Agreement, and agrees to release Us and its affiliates for all losses caused by violations committed by the User.

5.4     The user has the right to get the product/ service that is appropriate and has been fully paid by the User, and the product/service cannot be returned or cancelled unilaterally by the User if it is not in accordance with the provisions set by Us.

5.5     Users have the right to obtain products/ services that have been paid in full as long as the product/service is listed with the correct price and rebate and does not contain incorrect information including not limited to the result of typing errors or operational system errors on the kohbelanja Site . In the event of any misinformation listed on the kohbelanja Site , the User agrees that We can make adjustments/corrections to the misinformation referred to.

5.6     By referring to the provisions of article 4.5 above, the User agrees that in the event of any information discrepancies that occur between the promo program and the regular programs contained on the kohbelanja Site , then we are at our sole discretion, able to cancel the product/service purchase transaction by Users, or continue to follow up on the process of product/service purchase transactions conducted by the User, by making adjustments/corrections needed in connection with the information inconsistency that occurs as referred to above.

5.7     Users are prohibited from fraud, which is an intentional act in any way to obtain benefits or benefits for him or other parties that work with the User, which causes harm to Us, our business partners, other users on the kohbelanja Site and parties – other parties.

6. PAYMENT PROVISIONS

6.1     We work with trusted providers of banking services/payment services in providing various payment methods on the kohbelanja Site that can be used by Users.

6.2     Each User has the right to choose the payment method provided by Us, which the User feels is more comfortable and easy to transact on the kohbelanja Site, where each payment transaction fee will be suspended to that user.

6.3     The user is obliged to pay in full for each transaction made within the period specified by us specifically for each payment method before we can process further transactions from the User. If the User has not carried out the payment within the specified time period, we have the right to declare that the transaction has been cancelled by that User.

6.4     Each User can clarify payment transactions that have been carried out directly to the banking service provider/payment service provider that works with Us in accordance with the applicable terms and conditions.

6.5     In the event that there is an obligation for us to make a refund due to one reason or another for the User transaction on the kohbelanja Site then we will immediately contact the User via the available communication (e-mail or telephone) to request confirmation and required User data, for the purpose of the refund process or placing data on the refund fund in the User account that has been registered and verified to be able to be used on the next User transaction or withdrawn/ transferred to the account number registered by the User. If within 7 (seven) calendar days it turns out that the User cannot be contacted or does not respond to Us, We are not responsible for the delay in the refund process as intended, and therefore we cannot be held accountable for paying fines, interest payments and other sanctions related to the delay in the refund process.

6.6     Users are prohibited from using the credit card payment method other than for transaction payment tools on the kohbelanja Site. If the User uses the method of credit card payment for the cash withdrawal transaction, we have the right to do:

1. Hold the refund / refund process to the User.
2. Cut the payment funds that have been paid by the User during the refund process.
3. Disable and close the User account.

7. REFUND PROVISIONS

The user fully understands that the refund process depends on the payment method used by the Users when making transactions on the kohbelanja Site. We advise Users carefully and periodically to see the Terms of Refunds through Refund Provisions.

8. SHIPPING PROVISIONS

8.1     We can only send every products/services that has been ordered by the User after knowing and getting payment funds from the User appropriately and according to the value of the product/service purchased or the nominal transaction from the User.

8.2     We work with a trusted logistics company/ postal company that will send each product/ service purchased by the User.

8.3     We entrust logistics companies/postal companies that have cooperated with us in implementing the types of shipping services, costs, estimated delivery times, and shipping guarantees available and printed on the kohbelanja Site.

8.4     All forms of complaints regarding shipping are the responsibility of the logistics company / postal company that works with us. We will endeavor to facilitate between Users and logistics companies / postal companies that work with Us, and in this regard the User agrees to release Us for all claims and losses suffered by Users related to the process of shipping products / services.

8.5     The user has the right to file a complaint with us for the quality of delivery that has been provided by a logistics company / postal company that cooperates with us or submits a complaint directly to the logistics company / postal company that works with us in the period and the provisions in accordance with the determined by the logistics company.

9. PROMOTION PROVISIONS

9.1     Users understand that we can at any time hold promotional activities (“Promos”) with special and different terms and conditions in each Promo. Users are advised to read carefully every Promo terms and conditions that take place.

9.2     One User can only participate in each Promo 1 (one) time. Users can only use 1 (one) User account.

9.3 If there are suspected/found indications of fraud/violations committed by the User that harm us, including but not limited to:

1. Making more than 1 (one) account by 1 (one) the same User; and/or
2. The same mobile number; and/or
3. Same shipping address; and/or
4. The same credit/debit/Identity payment account/card number; and/or
5. The same transaction history; and/or
6. Manipulation/engineering transactions

So we have the right to take the necessary actions including:

1. Cancel User order
2. Attract promotional subsidies, discounts, cashback or other benefits
3. Request a return on promotional subsidies, discounts, cashback or other benefits that have been received by the User.
4. Hold the refund/refund process to the User.
5. Cut the payment funds that have been paid by the User during the refund process.
6. Disable and close the User account.

10. SPECIAL PRODUCTS/PRODUCTS 21

10.1   The user fully knows and understands that there are special products in the kohbelanja Site which can only be purchased by Users who are at least 18 (eighteen) years old or 21 (twenty one) years old.

10.2   The user agrees to confirm the minimum age and good faith honesty stating that he has fulfilled the minimum age before buying the special product.

10.3   If the age information that the User provides is not true, we hereby declare that we are not responsible for any consequences that may occur in connection with the purchase and use of said special product.

11. LIMITATION OF OUR RESPONSIBILITIES

11.1   Our obligations are limited to the provision of the kohbelanja Site.

11.2   Products/services sold on the kohbelanja Site are the sole responsibility of the seller who markets/sells their products/services through the kohbelanja Site.

11.3   The process of shipping products/services will be coordinated by us with a trusted shipping service provider.

11.4   The form of loss due to the actions of Users who violate this Agreement is entirely the responsibility of the User where the User releases us from any form of responsibility, claim or claim of the aggrieved parties.

11.5   Products/services that have been purchased by the User and paid with funds from the User appropriately and according to the value of the product/service purchased or the transaction value by the User, cannot be returned or cancelled unilaterally by the User, and if the payment process is declared successful and then the product/service purchased by the User does not exist, then kohbenja will try to find alternative product/service substitutes or make a refund in accordance with the nominal payment from the User.

11.6   That none of Us or our partners, licensors, contractors or other parties involved in the production, production, delivery of services, or content contained in the kohbelanja Site are required to be responsible for the User or any person who submits the claim through the User, for any loss of profits or income, inaccuracies in data, failure to obtain expected results or profits, economic losses, incidental, significant, penalties, indirect losses (including but not limited to costs required for repairs) which is caused by the access that the User does or is due to failure to access the service or content contained in the kohbelanja Site both based on collateral, contract, unlawful acts, product responsibility or legal theory and the possibility of whether or not we know about the possibility of such loss or if the possibility of the loss has been previously estimated. We are not responsible to Users or to other parties for inaccuracies, errors, damages or losses caused either due to failure, delay, interruption of services and content as contained on the kohbelanja Site, either in whole or in part. The user agrees that in any event, the User cannot submit a claim to Us for any loss/damage arising in connection with access to the services or content contained on the kohbelanja Site or other matters arising in connection with the provisions in this Agreement. The foregoing will remain valid even if there is an end to this Agreement or has expired.

11.7   Material displayed on the kohbelanja Site is provided without any conditions or guarantees in terms of its accuracy. To the extent permitted by law, We and the third parties relating to Us hereby expressly exclude: All provisions, guarantees and other conditions that can be stated indirectly by law, customary law or justice law. Obligations for loss, direct or indirect loss or which result from the User in relation to the kohbelanja Site or in connection with the use, inability to use, or as a result of using the kohbelanja Site, any related sites and any material placed on the kohbelanja Site including, but not limited to, liability for:

• Income loss;
• losing business;
• loss of profit or contract;
• loss of savings anticipated beforehand;
• loss of data;
• loss of goodwill;
• management or office time wasted; and
• other losses or losses of any kind, regardless of how they arise and whether they are caused by negligence, violations of the contract or otherwise, although they can be predicted in advance.

This has no effect on our obligations which cannot be excluded or limited based on applicable law. The user agrees that the material displayed on the kohbelanja Site is for information only to help the User decide to submit a bid or not to bid for a product/service. We or one of our employees are not responsible for the direct or indirect consequences of any User’s decision to do/not make transactions on the kohbelanja Site.

12. INTELLECTUAL PRIVATE RIGHTS

12.1   We are the sole owner or legal holder of all rights to and content in the kohbelanja Site. The kohbelanja Site and its contents include intellectual property rights protected by copyright laws and laws that protect other intellectual property that apply throughout the world. All property rights and intellectual property rights of the kohbelanja Site and their contents remain with Us, its affiliates or license owners of the contents of the kohbelanja Site. All rights not included in this Agreement or by Us hereby protected by law. The kohbelanja Site, name and related icons and logos are registered trademarks in various jurisdictions and are protected by laws regarding copyright, trademark or other intellectual property rights. It is strictly forbidden to use, change, or install these brands on any media without our consent.

 13. RETURN OF THE PRODUCT

Customers are required to check the quantity and condition of the products before receiving, as once received, the products are considered sold, received products are non-refundable and non-returnable.

14. RESTRICTIONS

Users understand that We may at any time make changes (reduction or addition) to the provisions of this Agreement. We recommend that Users periodically and carefully see this Agreement. By continuing to access and/or use the kohbelanja Site, the User is deemed to have agreed to changes in this privacy policy.

15. LEGAL OPTIONS AND DISPOSAL SETTLEMENTS

 This agreement is governed and interpreted under Malaysian Law. Any disputes that may arise between Users and Us in connection with the use of the kohbelanja Site and/or the implementation of this Agreement will be settled exclusively within the jurisdiction of the courts of Malaysia.

16. CLOSING

16.1   We and the User are independent relationships and there is no agency, partnership, joint venture, employee-company or franchises relationship that will be created or made in the presence of this Agreement.

16.2   The title in this Agreement is made as a reference only, and does not at all establish, limit, explain or describe what is or is included in the article.

16.3   Our rights to claim our rights under this Agreement or not taken by us against violations committed by Users against this Agreement will not exclude or do not exclude our rights to take action against similar or subsequent violations.

16.4   By using the services on the kohbelanja Site, the User has read, understood, obeyed and agreed to this Agreement and all the terms and conditions that apply on the kohbelanja Site.