Terms of Use for Users

- Last update: 10 Feburary 2016 -

Responsible for these Terms of Use is:

  • PT LYKE Eservices Indonesia
  • Gedung Perkantoran Menara Bidakara 2, Lt. 6 Jl. Jend. Gatot Subroto Kav. 71-73, Jakarta Selatan, 12870 Indonesia
  • Managing Director: Bastian Purrer
  • ("LYKE")

The Terms of Use set out below regulate the use of services offered by LYKE related to the use of the website www.lyke.co.id and LYKE’s mobile apps. Users are advised to read carefully as they affect the rights and obligations of users under the law.

By registering and / or using LYKE’s services (website and/or mobile apps) the user is deemed to have read, understand, comprehend and approve all the contents of the Terms of Use. These terms of use are set forth in the agreement forms as a legal agreement between the user with LYKE. If the user does not agree to one, some, or all of the content of these Terms of Use, then the user is not allowed to use the services offered by LYKE.

DEFINITION

LYKE is a limited liability company that runs business activities based on mobile apps and the web portal www.lyke.co.id, hereinafter referred as “LYKE”. The “Terms of Use” is an agreement between the user and LYKE which contains a set of rules governing the rights, obligations and responsibilities of LYKE users, as well as procedures for the use of LYKE’s service platform. Users are those who use the services provided by LYKE, including but not limited to the buyer, the seller or other parties who merely visited LYKE’s website and/or used LYKE’s mobile apps. Buyers are registered users who demand for goods sold by the sellers through LYKE. Sellers are registered merchants who offer items to be purchased by buyers through LYKE. Goods are objects which can be delivered / meet the criteria for delivery of goods by freight forwarding companies.

ACCOUNT, PASSWORD AND SECURITY

User hereby states that users are capable and able to bind themselves in a lawful agreement. LYKE does not charge a registration fee from the user. Users who have registered are entitled to act as buyers. LYKE, without prior notice to users, has the authority to take the measures necessary on any alleged violation or breach of the Terms of Use and / or applicable law, the action in the form of moving the goods to the warehouse, the elimination of goods, moderation shop, store closures, cancellation of listing , account suspension and / or deletion of user accounts. LYKE has the authority to close a user account on a temporary or permanent basis if found any act of fraud in transactions for personal profit. Users are forbidden to create and / or use tools and automated features that aim to manipulate the data on LYKE’s platform, including but not limited to (i) store data manipulation (ii) conduct browsing (crawling) (iii) sale and purchase transactions automatically. LYKE has the authority to adjust the amount of store transactions and / or carry out the process of moderation / close the user's account, if it is known or suspected fraud by users that aims to manipulate the user transaction data in order to enhance the reputation of the store (review and or number of transactions). An example is a user performing a purchase on a shop owned by oneself by using a personal account or other personal accounts. Users understand that in order to register an account on LYKE they need to provide a valid mobile phone number. LYKE will strictly use this mobile phone number to communicate with the user about order status by sending SMS notifications. Users do not have the right to change the user ID or mobile number associated to their respective account. Exceptions for certain conditions such as LYKE feature updates that causes changes in the user's domain name, allow for a change request through LYKE’s customer service, which can only be done once. Users are personally responsible for maintaining the confidentiality of their account and password for all activities that occur under the user account. LYKE will never ask for the user account’s password for any reason, therefore LYKE urges users not to give your account password to any party, either to third parties or to the party on behalf of LYKE. Users hereby declare that LYKE will not be liable for any loss or damage arising from abuse of user accounts.

PURCHASE

The supported payment method for users (“buyers”) performing a purchase is bank transfer, which should be performed from the buyer directly to the seller’s account. The seller account details are provided to the buyer after the check-out process for the good offered by the specific seller is completed. When purchasing goods, the buyer agrees that:

  • The buyer is responsible for reading, understanding and agreeing with information / description of the goods (including but not limited to color, quality, functionality, and others) before making an offer or commitment to buy;
  • The buyer acknowledges that the actual color of the product as seen on LYKE’s website/mobile apps depends on the computer monitor/device display. LYKE has done its best to display colors in the images displayed on LYKE’s website/mobile apps as accurate as possible, but can not guarantee that the color appearance of the product will be accurate.
  • LYKE does not transfer legal ownership of the goods from the seller to the buyer.

The buyer understands that when the check-out process for an order is completed the good in question is not reserved. The reservation of the purchased good will only take place after the buyer successfully confirmed the payment of the order with LYKE. The buyer understands and agrees that the availability of stock of goods is the responsibility of the seller who offers the goods. Related items stock availability are subject to change at any time, resulting in an empty stock state, then the seller will reject the order, and payment for the goods in question will be returned to buyer - the process of return/refunds is responsibility of the seller. Payment by the buyer shall be done immediately (not later than within 24 hours) after the buyer completes the check-out. If within 48 hours after the completion of check-out the payment has not been made and confirmed by the buyer, LYKE has the authority to cancel the transaction. Confirming the payment by bank transfer shall be accompanied by information about the operation: seller’s bank name, buyer’s bank name, buyer’s bank account name, buyer’s bank account number, amount transferred, transfer date and copy of payment receipt. Bank transfer payment confirmations without payment receipt will not be accepted by LYKE. The buyer fully understands and agrees that any transaction made between the buyer and the seller without LYKE’s knowledge and / or outside LYKE’s platform (through facilities / private networks, messaging, setting special transactions outside the LYKE’s services or otherwise) is a personal responsibility of the buyer. Although LYKE cannot guarantee an exact timeframe for a user’s order, the user may contact LYKE’s customer service in order to clarify questions regarding order status. The buyer understands and agrees that any claim filed after the payment of the order / payment confirmation of the order is not the responsibility of LYKE. Losses incurred after the payment of the order / payment confirmation of the order are personal responsibility of the buyer. The buyer understands and agrees that any problems related to delivery of goods caused by late payment are the responsibility of the buyer. The buyer understands and agrees that the issue of delay in the payment process and additional costs caused by the difference between the buyer's bank account and the seller’s bank account is the personal responsibility of the buyer. Users are not entitled to file a claim or a claim for cancellation of the transaction. The policy for refunds and returns for orders are responsibility of the seller.

PRICES

The prices of goods provided by LYKE’s platform are the prices set by the seller. The buyer understands and agrees that errors in prices and other information that are caused not by LYKE’s webpage/mobile apps are caused due to the browser / ISP used by the buyer are the responsibility of the buyer. Users acknowledge and agree that any issue and / or disputes that occur as a result of disagreement between the seller and the buyer about prices is not responsibility of LYKE. LYKE currently serves only buying and selling goods in Rupiah.

DELIVERY FEES

The buyer understands that LYKE has done its best efforts in providing information to the buyer's delivery rates based on the location accurately, but LYKE can not guarantee the accuracy of this data with that of the local branch. LYKE therefore suggests for the sellers to compare the fees charged at local branches with the fees displayed on LYKE. If any difference is found, please immediately inform us through hello@lykehq.com by providing price data obtained along with the cities of origin and destination, so that we can explore further. Users acknowledge and agree that the difference in the cost of shipping goods is beyond LYKE’s responsibility, and therefore, it is the seller’s responsibility to cancel or keep sending goods.

SHIPPING

Shipping through LYKE shall employ the services of third-party shipping companies. Users acknowledge and agree that any problems that occur during the process of delivery of goods by the service provider are the responsibility of the shipping service provider.

CONTENT

By using LYKE’s service, users are prohibited from using content that contains elements of racial intolerance, discrimination, degradation of another person, vulgar / sexual language, and threatening. Users may not use the photos / images for goods with a watermark signifying ownership rights of others. The user hereby acknowledges and agrees that the misuse of photos / images uploaded by users are the responsibility of the user personally. When users upload/post content to LYKE’s platform, users give LYKE a non-exclusive, worldwide, continuous, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all rights reserved, publicity, trade mark, database right and intellectual property rights that users have in the content, in any media known now or in the future. Furthermore, to fully permitted by applicable law, you put aside the moral rights and promised not to claim such rights against LYKE. Users guarantee that they do not infringe any intellectual property rights in the content they upload users into LYKE’s platform. Each user is hereby personally responsible for violations of intellectual property rights in the content uploaded to LYKE’s platform. While we try to offer reliable information, we can not promise that the catalog will always be accurate and up-to-date, and the user agrees that user will not claim LYKE’s responsibility for any inaccuracies in the catalog. The catalog may include copyright, trademark or other proprietary rights.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

LYKE always strives to keep its service safe and convenient but we can not guarantee that the continuous operation or access to our services will always be perfect. The updating of information and data within LYKE’s platform will likely not happen in real time. Users agree that they will use LYKE’s services on the user's own risk and that LYKE’s services are provided to you on an "AS IS" and "AS AVAILABLE" basis.

To the extent permitted by applicable law, LYKE (including the Parent Company, directors, and employees) are not responsible for, and you agree not to hold LYKE responsible for any damages or losses (including, but not limited to loss of money, reputation, profit , or other intangible losses) resulting directly or indirectly from:

  • The use or inability to use LYKE’s services.
  • The price, delivery or other clues available in LYKE’s services.
  • Delays or disruptions in LYKE’s services.
  • Negligence and losses incurred by each user.
  • Quality of goods.
  • Delivery of goods.
  • Violation of Intellectual Property Rights.
  • Disputes between users.
  • Defamation other parties.
  • Any abuse from goods purchased by users.
  • Losses due to unofficial payments to other parties that are not associated with LYKE, which are not, in any way, related to LYKE or omissions of writing accounts and / or other information and / or negligence on the part of banks.
  • Virus or other malicious software that is obtained by accessing, or connect to LYKE’s services.
  • Disturbance, bugs, errors or any inaccuracies on LYKE’s services.
  • Damage to the hardware based on the use of any LYKE service.
  • The content, actions, or lack of action of third parties, including associated with existing products on LYKE’s platform that are allegedly false.
  • Follow-enforcement taken in connection with the user account.
  • The act of hacking is done by a third party to a user account.

RELEASE

If you have a dispute with one or more users, you release LYKE (including the Parent Company, Directors, and employees) from claims and demands for damages and damages (actual and implied) of any kind and nature, known and unknown, arising from or in any way connected with such disputes. Thus, the user expressly waives any legal protection (contained in laws or other legal regulations) that would limit the scope of the provisions of this release.

COMPENSATION

Users will release LYKE from claims for compensation and keep LYKE (including the Parent Company, directors, and employees) from any claim or demand, including reasonable legal fees, made by any third party arising in the event of your breach of this Agreement, LYKE’s service undue and / or your violation of any law or the rights of third parties.

CHOICE OF LAW

This agreement shall be governed by and construed in accordance with the laws of the Republic of Indonesia, without regard to its conflict of law rules. You agree that any legal action or dispute that may arise out of, relate to, or are in any way connected with the site and / or this agreement will be resolved exclusively within the jurisdiction of the courts of the Republic of Indonesia.

UPDATES

The Terms of Use may be changed and / or updated from time to time without prior notice. LYKE recommends that you read carefully and check the Terms of Use page from time to time for any changes. By continuing to access and use LYKE’s services, the user is considered aware of changes in the Terms of Use.