Terms of Services

TERMS OF SERVICES

Welcome to MOMOYO's Application ("Application"), where Application users ("Users") can order products under MOMOYO in Users purchasing products through the Application ("Services"). MOMOYO wants to provide Users with the best Service through the Application, and hopes that by using the Application, Users can experience a simple way to get the product and enjoy the product comfortably.

About the App

PT CHATUP TECHNOLOGY INDONESIA("MOMOYO", or "We") provides the Application with reference to the Terms and Conditions set out below. Before using the Services in the Application, the User is advised to read carefully and agree to these Terms and Conditions and the Privacy Policy because it may affect the rights and obligations of the User under applicable law.
By registering and/or using the Application, the User is deemed to have read, understood, understood and agreed to all contents in the Terms of Use of the MOMOYO Application and also agreed to the additional MOMOYO Application Terms of Use which are an integral part of the MOMOYO Application Terms of Use (hereinafter, the MOMOYO Application Terms of Use, additional MOMOYO Application Terms of Use, and amendments thereto are collectively referred to as the "Terms and Conditions"). Even though they are an integral part, additional Terms and Conditions will apply in the event that there is a difference with the Terms and Conditions.

PLEASE READ THESE TERMS AND CONDITIONS AND PRIVACY POLICY CAREFULLY. BY ACCESSING, USING THE MOMOYO APPLICATION, OPENING AN ACCOUNT OR PARTICIPATING IN THE MOMOYO PROGRAM, THE USER IS AGREEING TO ACCEPT AND BE BOUND BY THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY. IF THE USER DOES NOT AGREE TO ANY, SOME OR ALL OF THESE TERMS AND CONDITIONS AND /OR THE PRIVACY POLICY, DO NOT USE THE APPLICATION, OPEN ACCOUNTS OR PARTICIPATE THE MOMOYO PROGRAM IN THE APPLICATION.
Account, Password and Security
a.The User hereby declares that the User is a person who is capable and able to bind himself in a legal agreement according to law. If the User does not fulfill these conditions but continues to access or use the Application, Service, or Payment Method, the User represents and warrants that the User's actions to open, access or perform other activities in the Application have been approved by the User's parent, guardian or guardian. The User expressly waives any rights under the law to cancel or revoke any and all consents that the User has given under these Terms and Conditions when the User is considered a legal adult.

b.MOMOYO does not charge a registration fee to Users.

c.Users who have registered have the right to act as buyers of MOMOYO Brands products.

d.Registration uses a mobile phone number and email along with a one-time password (OTP) which will be sent to the registered mobile number and email.

e.Data in the form of gender is not required and will only be used for internal promotional activities.

f.User Accounts can only be used by Users and cannot be transferred to other people for any reason.MOMOYO reserves the right to refuse to facilitate an order if MOMOYO knows or has sufficient reason to suspect that the User has transferred or allowed the User Account to be used by another person.

g.MOMOYO without prior notification to the User, has the authority to take necessary actions for any alleged violation of the Terms and Conditions and/or Privacy Policy and /or applicable law, namely actions in the form of account suspension and/or deletion of User Accounts.

h.In using the Application and /or Service, the User is prohibited from doing the following:
i.create and/or use devices, software, features and/or other tools that aim to manipulate the Application system, including but not limited to: i) manipulation of Application data; ii) crawling/scraping activities; iii) automation activities in transactions; (iv) other activities that could reasonably be assessed as an act of system manipulation;
ii.misuse or use the Application, Service, or Payment Method for fraudulent purposes, causing inconvenience to others, placing fake orders or other actions that can or are considered to cause harm in any form to others;
iii.remove any copyright, trademark or other proprietary notices contained in the Application (if any); iv.use and /or unauthorized access to the Application to damage, weaken or harm any aspect of the Application, the Service or related systems and networks.

i.The User is personally responsible for maintaining the confidentiality of the Account for all activities that occur in the User Account.

j.MOMOYO will not ask for the username, nor the verification SMS code or OTP code belonging to the User Account for any reason. Therefore, MOMOYO urges Users not to provide such data or other important data to parties on behalf of MOMOYO or other parties whose security cannot be guaranteed.

k.User agrees to ensure that User will notify MOMOYO if there is any unauthorized use of his password or User Account. MOMOYO will take any action that MOMOYO deems necessary and can be taken against such unauthorized use.

l.User hereby declares that MOMOYO, its parent company, subsidiaries, affiliates, directors and/or employees are not responsible for any losses or obstacles arising from misuse of User Accounts caused by User negligence, including but not limited to, lending or providing Account access to other parties, accessing links or links provided by other parties, providing or showing OTP codes, passwords or emails to other parties, or negligence of other Users which results in losses or problems in User Accounts. In such case, MOMOYO will consider any use or order made through the User Account as a valid request from the User.

m.The user understands and agrees to use the onetime password (OTP) security facility and the costs of the telecommunications service provider concerned in this regard are borne in full by MOMOYO.

New user

"New User" is a User who registers a mobile phone number and email address that has not previously been registered on the Application and who uses an electronic device that has not previously been used to register any mobile number and email address in the Application. All promotions made by MOMOYO regarding New Users will follow this definition.

User Privacy is very important for MOMOYO.
By using the Application or providing information on the Application, the User agrees that MOMOYO may collect, use, disclose and/or process the User's personal information or personal data. The collection, storage, processing, use and sharing of User's personal information, such as the User's email address and mobile number that the User provides when the User opens an Account is subject to the Privacy Policy, which is an integral part of these Terms and Conditions.

Account Deactivation

User may deactivate User's Account at any time.
Notwithstanding such deactivation, the User remains responsible and liable for any incomplete transactions (whether initiated before or after such termination), payments for products, or the like, and the User must contact MOMOYO after the User has promptly and effectively performed and completed all incomplete transactions. MOMOYO, its parent companies, subsidiaries, affiliated directors and/or employees are not responsible for, and will not be liable for any damages incurred as a result of actions taken pursuant to this paragraph. User waives any and all claims based on actions taken by MOMOYO, its parent company, subsidiaries, affiliates, directors and/or employees.

In the event that the User deactivates the User's Account, MOMOYO has the right to determine, impose consequences and consequences on the disabled User Account, including but not limited to, the following matters:
1.All promotions, benefits, awards, achievements, membership levels that have been obtained by the User prior to the Account deactivation date will be removed, become invalid and cannot be used.
2.Users can reactivate Accounts that have been previously deactivated. However, MOMOYO has the right and discretion to determine whether a User who reactivates an Account is categorized as a "New User" and is entitled to promotions and benefits for the Service as a New User.

Purchase

Purchase of products under MOMOYO Brands can be done by "Pick Up" and "Delivery" on the Application.
Pick Ups:

The User agrees to pick up the purchased product at the location selected by the User during the product purchase process.

The user agrees to provide order info to the Waiter when picking up the purchased product.

All orders and product purchases cannot be canceled if they are already in the "Preparing Order" status in the Application.

Delivery:

Users can use product delivery and are deemed to agree to the terms and conditions set by the third party concerned with the delivery service ("Shipping Party"). The User agrees that MOMOYO, its parent company, subsidiaries, affiliate directors and/or employees are not responsible for any losses caused by negligence or any form of fault of the Delivery Party for the products purchased by the User.

User agrees to provide CORRECT and CORRECT address information BEFORE PAYMENT is made. Any changes to the User's address made after the purchase transaction will not affect the purchase that has been paid for.

By carrying out the process of purchasing products through Delivery on the Application, the User agrees to be subject to the terms and conditions of the Delivery Party, including the privacy policy of the Delivery Party.

MOMOYO provides details of the courier or Delivery Party partner who is responsible for the delivery of the User's product in the relevant transaction.

All orders and product purchases cannot be canceled if they are already in the "Preparing Order" status in the Application.

Users must treat Waiters, employees of MOMOYO, Delivery Parties including couriers or their partners) and other third parties in connection with the Service with respect and must not engage in unlawful, threatening or harassing behavior or actions when using the Service.

Return Policy

Subject to these Terms and Conditions, MOMOYO will refund the User's payment for orders made through the Application in the form of Points that can be used to purchase the next MOMOYO Brands product through the Application, if the following conditions occur:
1.In the event that product purchases are made through the 'Delivery' option, the User has never received the product that has been ordered or the product has never been delivered by the Shipping Party to the User;
2.Users receive products ordered with very poor quality.MOMOYO has the right to make an assessment at its discretion on any refunds that will be made to the User (including but not limited to the assessment of the conditions mentioned above).
MOMOYO does not monitor the cancellation and refund process for offline payments.

Product Price

MOMOYO reserves the right to change product prices from time to time in accordance with its policies without notifying the user. Price changes will be effective when they have been implemented in the Application and will not affect transactions that have been paid for by the User.

Shipping Rates

The basic rate for delivery of MOMOYO Brands products ordered by the User will follow the price according to the policy of the Shipping Party.MOMOYO, its parent company, subsidiaries, affiliate directors and/or employees are not responsible for determining the basic shipping prices set by the Shipping Party.

Promo

Changes in product prices and shipping rates related to promos held by MOMOYO will follow the terms and conditions of the ongoing promo.

Payment

Users can make payments for products purchased through the Service by electronic payment methods, provided by third parties ("Payment Method Providers"), on the Application, including electronic money, loan facilities, debit or credit cards, or other payment methods ("Payment Methods"). Payments") which may change from time to time at MOMOYO's sole discretion.

To be able to make payments via a Payment Method, the User must be officially registered with the Payment Method Provider that the User chooses and use the User's own payment credentials. In the event that the User uses the registered credentials of another party, the User is responsible fully responsible for all necessary permits and all losses or disputes that arise between the User and the other party.

MOMOYO has the right to refuse or delay to forward the User's payment request through the Payment Method for certain reasons, including but not limited to indications or MOMOYO has sufficient reason to suspect fraud, fraud, violation of the Terms and Conditions, violation of laws and regulations applicable law or any other unreasonable or suspicious action.

The rights that the user gives to MOMOYO

The User grants MOMOYO the right to (1) allow the MOMOYO Service to use the processor, bandwidth, and storage hardware on the User's device in order to facilitate the operation of the Service, (2) provide advertisements and other information to the User, and (3) allow business partners MOMOYO to do the same. In any part of the MOMOYO Service, the content that Users access, including its selection and placement, may be affected by commercial considerations, including MOMOYO agreements with third parties.
If the User provides input, ideas, or suggestions to MOMOYO related to the MOMOYO Service or content ("Feedback"), the User acknowledges that the Input is not confidential and the User authorizes MOMOYO to use the input without limitation and without payment to User. Feedback is considered a User content type.

Disclaimer of Warranty and Limitation of Liability

IN NO EVENT WILL MOMOYO, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, BOARD OF DIRECTORS, SUBSIDIARIES, AFFILIATES, SUBSTITUTES, SUCCESSORS, OR SUPPLIERS BE LIABLE FOR:
(1)INTELLIGENT DAMAGES OR DAMAGES (INCLUDING INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR DISTRIBUTIONAL DAMAGES) WHICH WERE MOMOYOS NEGLIGENCE;
(2)EVERY:
(A) LOSS OF USE;
(B) LOSS OF DATA;
(C) LOSSES OF BUSINESS;
(D) LOSS OF PROFITS;
(E)DAMAGE TO THE DEVICE, AS SOON AS THE USER CAN AVOID IT BY FOLLOWING MOMOYO'S SUGGESTIONS TO IMPLEMENT APPLICATION OR CONTENT UPDATES OR IF THE DAMAGE IS CAUSED BY USER NOT FOLLOWING THE INSTALLATION NSTRUCTIONS WITH BUMARSISTEM OR OWNED MOMOYO OFF INSTRUCTIONS USE OF OR INABILITY TO USE THE MOMOYO APPLICATIONS, DEVICES, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATIONS CONTENT, WITHOUT LEGAL THEORY, WITHOUT RESPECTING WHETHER MOMOYO, AND THE USE OF THE APPLICATIONS HAVE BEEN DISTRIBUTED TO KNOWLEDGE.

(3)NON PERFORMANCE OR INADEQUATE PERFORMANCE OR DELAY OF OBLIGATIONS RESULTING FROM THE AGREEMENT WHICH CAUSED ABOUT FORCING CIRCUMSTANCES WHICH CANNOT BE REASONABLE ESTIMATED OR OUTSIDE MOMOYO'S REASONABLE CONTROL.

Nothing in these Terms and Conditions shall eliminate or limit MOMOYOs liability for fraud, misrepresentation, death or personal injury caused by negligence, and where required under applicable law, serious negligence.

THIS ARTICLE APPLY TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. THE USER MAY HAVE RIGHTS UNDER APPLICABLE LAW IN THE USER'S JURISDICTION THAT GOVERNING RECOVERY EFFORT OTHER THAN AS SET FORTH ABOVE.

MOMOYO always strives to keep the MOMOYO Service safe, comfortable and functioning properly, but MOMOYO cannot guarantee continuous operation or perfect access to the MOMOYO Service. Information and data on the site and/or application may not occur in real time.

The User agrees that the User utilizes the MOMOYO Service at the User's own risk, and the MOMOYO Service is provided to the User on an "AS IS" and "AS AVAILABLE" basis, and to the extent permitted by applicable law, MOMOYO excludes all representations, warranties and conditions that relating to the Application or the Service and its use (including, without limitation, any warranties implied by law with respect to satisfactory quality, fitness for purpose and/or use of reasonable care and skill).

MOMOYO has no obligation whatsoever, including to take further action or legal action as deemed necessary by the User, for any problems or disputes that arise between the User and the Delivery Party, Payment Method Provider or other third parties in connection with the Service.

To the maximum extent permitted by applicable law, MOMOYO (including its parent companies, subsidiaries, affiliates, directors and employees) is not liable, and User agrees not to hold MOMOYO, its parent company, subsidiaries, affiliate directors and employees liable, for any damages or losses (including but not limited to loss of money, reputation, profits, or other intangible losses) resulting directly or indirectly from:

1.Usage or inability of Users to use the MOMOYO Service.
2. Product price, shipping or other instructions available in MOMOYO Services.
3. Delays or interruptions in the MOMOYO Service.
4. Negligence and losses incurred by each User.
5. Delivery of products by the Shipping Party.
6.Infringement of Intellectual Property Rights.
7. Disputes between Users.
8. Defamation of other parties.
9. Any misuse of products that have been purchased by the User.
10. Loss due to unauthorized payments to parties other than to the official MOMOYO account, which in any way is in the name of MOMOYO or negligence in writing accounts and /or other information and/or negligence on the part of the bank.
11. Viruses or other malicious software (bots, scripts, automation tools other than power merchant features, hacking tools) obtained by accessing, or connecting to the MOMOYO Service.
12. Any glitches, bugs, errors or inaccuracies in the MOMOYO Service.
13. Damage to User's hardware from the use of any MOMOYO Service.
14. The content, actions, or inaction of third parties, including those related to the products in the MOMOYO Application that are suspected to be fake.
15. Enforcement actions taken in relation to User Accounts.
16. There are hacking actions taken by third parties to User Accounts.

Compensation

The user will release MOMOYO, its parent company, subsidiaries, affiliates, directors and/or employees from claims for damages and keep MOMOYO, its parent companies, subsidiaries, affiliates, directors and/or employees from any claims or demands, including legal fees reasonable actions, which are carried out by third parties that arise in the event that the User violates these Terms and Conditions and/or the Privacy Policy, improper use of the Application and/or the User's violation of laws and regulations or the rights of third parties.

Help

All problems related to the use of the MOMOYO Application along with information regarding them can refer to the "Help" tab in the "Me" section.

Intellectual property rights
Subject to these Terms and Conditions, MOMOYO reserves the right to change, modify, suspend or discontinue the Application or the Service or any part thereof, at any time and for any reason. Users are prohibited from imitating or framing part or all of the contents of the Application, and modifying or modifying the Application, or creating other versions of the Application, with the aim of creating similar competing products or services using ideas, features, functions or graphics to resemble the Application. All proprietary content, trademarks, Service marks, brand names, logos and other intellectual property displayed on the Application are the property of those registered in the name of MOMOYO, an affiliate of MOMOYO or its licensors. Users may not republish, sell, rent or sublicense, reproduce, use or copy any material from the Application, or redistribute content from MOMOYO or affiliates of MOMOYO (unless the content is specifically made for redistribution).

MOMOYO reserves the right to update the Application at any time. Currently, the official App software can be downloaded on Android and iOS, subject to changing requirements for both systems and for use on mobile or tablet devices only. Downloading the Application from a place other than the official digital market and/or into a device other than a mobile phone or tablet is a violation of these Terms and Conditions and our intellectual property rights.

MOMOYO advises Users to always update the Application from time to time. There is a possibility that the Application is not compatible with the versions of Android and iOS that the User has installed on the User's device. For this purpose, Users should always receive updates to the Application as they become available. MOMOYO may stop providing the Service through the Application, and may terminate its use at any time without giving notice of termination to the User. Therefore, after such termination, all rights and licenses granted to the User in these Terms and Conditions if any) will expire and the User must stop using the Application, and delete it from the User's device.

These Terms and Conditions do not constitute a sales agreement and do not grant the User any ownership rights in or in relation to the Services, software and/or application or any intellectual property rights owned by MOMOYO, its affiliates of MOMOYO and/or its licensors. The MOMOYO name, MOMOYO logo, Service, software and/or Application and the Shipping Party logo and product names associated with the software and/or Application are trademarks of MOMOYO, an affiliate of MOMOYO or third parties, and no rights or licenses granted to use them.

Etc

In order to prove good MOMOYO Services to the User, the Application will require registration for an account ("Account") by selecting a unique user identification and password and providing the User's personal information. Users can use their User Accounts to place orders and purchase MOMOYO Brands products. Users are required to keep the User Identity and User Account password confidential and log out of the User Account at the end of each session. Please notify MOMOYO immediately of any unauthorized use of a User Account, and ensure that User Account information is accurate and current. The User is fully responsible for all activities that occur under the User Account even if such activity or use is not carried out by the User.

MOMOYO, its parent companies, subsidiaries, affiliates, directors and/or employees shall not be liable for any loss or damage arising from unauthorized use of User's password or User's failure to comply with this paragraph.

MOMOYO reserves the right to refuse to provide Users with access to the site or Services or allow Users to open Accounts for any reason.

Please note that the use of the Application will require an active internet connection, and therefore the User must ensure that the User's mobile phone must have an internet connection when using the Application either provided by the User's mobile network provider, or Wi-Fi. The application will function optimally if the user has access to Wi-Fi and has a data quota that can be used as well as a stable internet connection, otherwise the application will not function, and MOMOYO, its parent company, subsidiaries, affiliates, directors and /or employees cannot be held responsible for it. There is also the possibility that the User's mobile provider charges data charges during connection while using the Application, and by using the Application, the User accepts responsibility for such fees, including data roaming charges if the User uses the Application outside the User's home region (i.e. region or country) without turning off data roaming.

The User understands and agrees that these Terms and Conditions are an agreement in electronic form and the User's action of pressing the 'register' tab when opening an Account or the 'login' tab when accessing a User Account is the User's active agreement to bind himself in an agreement with MOMOYO so that the terms and conditions apply. and these Terms and Privacy Policy are valid and legally binding and continue to apply throughout the User's use of the Application and Services. Users will not make any claims or objections to the validity of these Terms and Conditions or the Privacy Policy made in electronic form.

User may not assign User rights under these Terms and Conditions without the prior written consent of MOMOYO. However, MOMOYO may transfer MOMOYO's rights under these Terms and Conditions at any time to other parties without the need to obtain prior approval from or give prior notice to the User.

If the User does not comply with or violates the provisions of these Terms and Conditions, and MOMOYO does not take immediate action, it does not mean that MOMOYO waives MOMOYO's right to take the necessary action in the future. These Terms and Conditions remain in effect even after temporary suspension, permanent suspension, deletion of the Application or after the expiration of this agreement between the User and MOMOYO.

If a provision in these Terms and Conditions is deemed invalid or unenforceable, the validity, enforceability and strength of the other provisions will not be affected or disturbed.

These Terms and Conditions are made in Indonesian and English. If there is a difference between the two, then the provisions in the Indonesian language version are the applicable provisions.

These Terms and Conditions are governed by the laws of the Republic of Indonesia, without regard to the choice or conflict of law provisions of any jurisdiction, and any dispute, action, claim or cause of action arising out of or in connection with these Terms and Conditions or the Service will be referred to the National Arbitration Board. Indonesia ("BANI"), in accordance with the BANI Regulations as changed from time to time (the "Rules") by a single arbitrator appointed by mutual agreement by User and Kopi Kenangna ("Arbitrator").

If the User and MOMOYO cannot agree on an arbitrator, the Arbitrator will be appointed by the chairman of BANI in accordance with the Rules. The location and venue of the arbitration is Jakarta, in the Indonesian language and the costs of the Arbitrator will be jointly borne by the User and MOMOYO, provided that the Arbitrator may request that such costs be borne in such a manner as determined by the Arbitrator that it is necessary for this arbitration clause to be enforceable under applicable law.

The user hereby agrees that with respect to Article 60 of Law no. 30 of 1999 ("Arbitration Law"), the arbitration award is final and binding on the User and MOMOYO and based on that, the User and MOMOYO do not have the right to appeal against the arbitration award. The parties hereby also expressly exclude the provisions of Articles 48.1 and 73