As of May 2021
Welcome to the Selly Application!
1. General Terms
2. Use of Selly Application and Third Party
You have full freedom to choose to use the Selly Application or other applications, to use Third Party Services available on the Selly Application or not, or to stop using the Selly Application.
We only facilitate You to use the Third Party Services that You need through the Selly Application. All Third Party Services are provided directly by independent third parties who agree to be service providers on the Selly Application under a cooperative or other scheme (“Service Providers”).
When ordering certain Third Party Services, the Selly Application will connect You with available Service Providers around Your location. Accordingly, some Third Party Services cannot be used if You do not enable the location determination feature.
Furthermore, if the Service Provider for certain Third Party Services accepts Your order, We will inform You of the status of Your order through the Selly Application.
3. Opening and Accessing Selly Application
You can use the Selly Application if You already have an account (“Selly Account”) on the Selly Application.
Selly Account can be obtained by (i) registering for a Selly Account on the Selly Application; or (ii) using an electronic mail address that has been registered with Midtrans PG, as applicable.
In the event that You register for a Selly Account on the Selly Application, the steps that must be taken are as follows:
- provide Your full name, e-mail address and personal mobile phone number or Your outlet mobile phone number. You can change the data information in the settings feature in the Selly Application;
- furthermore, Our system and/or Our affiliates will automatically send a confirmation link to the email address used for registration. You need to click on the link within 24 (twenty four) hours to activate the Selly Account; and
- After confirming and activating Selly Account, You can use Your Selly Account
You cannot create a new account with a registered email address. The same thing also applies if in the future You change Your email address in the settings menu in the Selly Application.
After the Selly Account has been successfully created and activated, You can use the Selly Account and the features contained therein including, but not limited to:
- feature for issuing invoices for agreed transactions through the messenger application;
- feature to check shipping cost;
- feature for ordering Third Party Services; and
- the report feature to find out the sales reports that have been successfully made by You through the Selly Application.
4. Your Selly Account
Your Selly Account can only be used by You and cannot be transferred to another party or person for any reason. We reserve the right to refuse to facilitate any of Your orders or requests if We know or have sufficient reason to suspect that You have transferred or allowed Your Selly Account to be used by someone else.
Security and confidentiality of Your Selly Account, including Your registered name, registered email address, password, and registered hardware phone number, payment details and the Payment Method You choose, as well as verification codes generated and sent by Our system, Our affiliates, or Payment Method Provider is entirely Your personal responsibility. All losses and risks arising from Your negligence in maintaining security and confidentiality as stated are borne by Yourself. In such case, We will consider any use of the Selly Application and/or ordering or accessing of Third Party Services, Third Party Content, Offers and/or Payment Method made through Your Selly Account as a valid request from You.
You are obliged to immediately notify Us if You know or suspect that Your Selly Account has been used without Your knowledge and consent. We will take actions that We deem necessary and We can take against such use without consent.
5. Personal Information
6. Use of Selly Application
We may, from time to time, develop the Selly Application including making modifications, improvements, enhancements, updates, additions and all programs, data and information in it to provide the best experience for You ("Update"). Such Update may occur and be performed automatically, or require action from You beforehand. The Selly Application may not operate optimally or may not operate at all if the Update is not installed or performed by You. We cannot guarantee that the Update will be available, or will match or always match Your hardware specifications and/or with
the operating system on Your hardware.
We may, with reasonable prior notice to You, test the Update for selected users, including You, to use the updated version of the Selly Application before this Update can be used by You. In connection with this, You understand and agree to release Us from any demands and responsibilities from any party, for the implementation of the Update trial, including if the trial may not operate optimally or cannot operate at all.
7. Your Hardware
Your access to the Selly Application is via hardware. Your access to the Selly Application is at your sole responsibility to check and ensure that You are downloading the correct software (including the Updated version of the Selly Application) for Your hardware. We are not responsible if You do not have compatible hardware or if You do not have the latest version of software (including the Updated version of the Selly Application) for Your hardware.
You are solely responsible for the procurement and use of the hardware including but not limited to the purchase of the hardware itself.
You are responsible for having access to the internet, data packages for the internet and any fees charged to You from the telecommunications service provider for communication, such as telephone, SMS and internet usage charges. You acknowledge that Your use of the Selly Application may result in the use of large amounts of data and You are responsible for such use including costs associated with such use.
If hardware is lost, stolen, damaged, and/or is no longer owned by You, and doing so may reveal or disclose Your Selly Account information to others or cause harm to Us, You must immediately notify Us and follow the procedures as informed by Us.
You may not lend, lease, or transfer Your Selly Account or Your hardware to another person for the purpose of accessing Your Selly Account without Our prior written consent.
8. Dispute Resolution
If You experience a system crash, know or suspect that Your Selly Account has been hacked, used or misused by another party, or if Your hardware is lost, stolen, hacked or has a virus, immediately report it to Us, so that We can immediately take the necessary action to avoid any further use, misuse, or loss arising or likely to arise.
If You experience problems related to Third Party Services, Third Party Content, Offers or payments via the Payment Method, or the treatment of Service Providers, Third Party Content Providers, Offers Providers or Payment Method Providers You can submit Your complaint through the features We provide, including rating and commenting, or by contacting Us.
In order to submit a complaint, question, objection, etc. (“Report”), You need to provide sufficient information, including but not limited to, a summary of the facts that occurred, the evidence You have, order number, and personal information, such as electronic mail addresses and registered hardware numbers.
To respond to each Report that You submit, We will first verify by matching the information You provide and Your personal information contained in Our system. If necessary, We may directly ask You to provide the information required for verification purposes.
We may refuse to follow up on Your Report if the information You provided does not match the personal information contained in Our system or if the Report is submitted in relation to, against, on behalf of or by another party different from the account that is officially registered on Our system. We may stop the follow-up to Your Report if We, in Our sole discretion, deem that Your Report is not supported by sufficient and clear facts, or has been completed. We may also forward Your Report to a Service Provider, Third Party Content Provider, Offer Provider or Payment Method Provider to be resolved directly by You and the Service Provider, Third Party Content Provider, Offer Provider or Payment Method Provider.
With respect to the certain Report related to Third Party Services, We may, at Our sole discretion, facilitate a meeting between You and the Service Providers for the purpose of resolving problems amicably. In such a case, if You feel that You need to take any other action, including any legal action, You may do so at Your sole responsibility.
For the certain Report related to Payment Method, We may refund Your funds in a manner determined by Us or together with Payment Method Providers, at Our sole discretion. We will not return funds to other parties that are different from the credentials registered on the Selly Account or Payment Method Providers, including if You use other parties' credentials to make payments via the Payment Method.
9. Content, Information, and Promotion
Third Party Content means any information, data, or actual news, which is created, compiled, developed, and/or managed by the Third Party Content Providers or obtained by the Third Party Content Providers from another third party, where the Third Party Content Providers is responsible for obtaining any necessary permissions to display such Third Party Content, including but not limited to text or writing, images, quotes or quotes, photos, illustrations, animations, videos, sound or music recordings, titles, and/or descriptions for display on the Selly Application, including any links that connects to it.
All Offer information contained on the Selly Application is only intended to provide You with the best experience when using the Selly Application. You may not abuse the Offer You receive during the use of the Selly Application.
You agree to use the Offer in accordance with the terms, conditions, and the intent of the Offer and will not abuse, duplicate, monetize, transfer, use for commercial purposes or take unfair advantage of the promotion in any form or manner.
You understand that the Offer is not exchangeable for cash, has a limited validity period and is subject to the conditions applicable to each such Offer.
10. Fees And Payment
The download of the Selly Application is free of cost. However, We may charge prices and/or fees for Selly Application at a later date with reasonable advance notice.
You can make payments for Third Party Services, Third Party Content or Offer that You access or use with cash or via electronic payment method, which are available on the Selly Application and which may change from time to time at Our sole discretion. It is possible for You to obtain the other payment method other than those provided in the Selly Application, by collaborating with third-party payment service providers including payment gateway services (“Payment Method Providers”). In this case the payment method, including electronic money, loan facilities, debit or credit cards or the other payment method (“Payment Method”) may change from time to time based on Our and Our affiliates policies.
In order to be able to make a payment via a Payment Method, You must be officially registered with the Payment Method Providers of Your choice and use Your own payment credentials. In the event that You use the registered credentials of another party, You are fully responsible for all necessary permissions and all losses or disputes that arise between You and the other party, whether due to Your negligence or fault, We, the Service Providers, Third Party Content Providers, Offer Providers or Payment Method Providers.
11. Payment Gateway Service
If You are willing to get other Payment Method services, then You can use the payment gateway service product by registering with Midtrans. You must sign an agreement with Midtrans to further regulate the implementation and use of the payment gateway service and/or features on Midtrans PG and maintain such implementation.
12. Selly Application Software
Kami hanya menyediakan perangkat lunak Aplikasi Selly yang resmi pada pasar digital resmi, seperti Google Play Store atau Apple App Store, dan untuk digunakan hanya pada perangkat keras. Mengunduh Aplikasi Selly dari tempat lain selain pasar digital resmi dan/atau ke dalam perangkat lain selain perangkat keras merupakan pelanggaran terhadap Ketentuan Penggunaan ini dan terhadap hak kekayaan intelektual Kami.
13. Intellectual Property
The Selly Application and other intellectual property, including but not limited to, names, logos, program codes, designs, trademarks, technologies, processes and business models, are protected by copyright, trademarks, patents and/or other intellectual property rights available under applicable laws registered either on behalf of Us, Our affiliates or Our licensors. We (and Our licensors) own all rights and interests in the Selly Application, including all intellectual property rights related to all features contained in it and related intellectual property rights.
In using the Selly Application, you may not:
- remove any copyright, trademark or other proprietary notices contained in the Selly Application;
- copy, modify, adapt, translate, create derivative works from, distribute, license, sell, transfer, publicly display in whole or in part, reverse engineer, transmit, transfer, broadcast, decipher or disassemble any part from or otherwise exploit the Selly Application (including the software and features therein);
- license, sublicense, sell, resell, transfer, assign, distribute or commercially exploit or make available to other parties the Selly Application and/or software by creating an internet link to the Selly Application or "frame" or "mirror" any software on any other server or wireless or internet-based device;
- launch any automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, trojan horses, bots, viruses or worms, or any program that may make several server requests per second, create a heavy burden or hinder the operation and/or performance of the Selly Application;
- use site search or retrieval applications, other manual or automated tools for scraping, indexing, surveying, data mining, or in any way reproduce or circumvent the navigational structure or presentation of the Selly Application or its contents;
- publish, distribute or reproduce in any way material that is protected by copyright, trademarks, or other information that We have without prior express consent from Us or the rights owner who licenses the rights to Us;
- use and/or unauthorized access to the Selly Application to (a) damage, weaken or harm any aspect of the Selly Application, or related systems and networks, and/or (b) create a similar competing product or service using ideas, features, functions or graphics resembling the Selly Application;
- send or store any material for purposes that violate any applicable law, including but not limited to acts of fraud (e.g. impersonating another person or entity, or otherwise providing false information or information regarding you with another person or entity), harassing, obscene, threaten, slander;
- send spam or other unsolicited messages, or cause annoyance, inconvenience, or create false information or orders; and/or
- damage Our reputation or any of Our affiliates in any way.
14. Your Responsibility
You are fully responsible for the decisions that You make to use or access the Selly Application and all features or Third Party Services, Third Party Content, Offer and/or Payment Method.
15. Limitation of Our Responsibility
We provide the Selly Application as is and We do not represent or warrant that the reliability, timeliness, quality, suitability, availability, accuracy, completeness or security of the Selly Application can meet Your needs and will meet Your expectations, including but not limited to Third Party Services, Third Party Content, Offers and Payment Methods which are the sole responsibility of Service Providers, Third Party Content Providers, Offers Providers, and Payment Method Providers.
The Selly Application may experience limitations, delays, and other problems associated with using the internet and electronic communications, including your hardware failure, not connecting to the internet, being out of range, shutting down or not working. We are not responsible for any delay, delivery failure, damage or loss caused by such problems.
We have no obligation whatsoever, including to take further action or legal action as deemed necessary by You, Service Providers, Third Party Content Providers, Offering Providers, or Payment Method Providers for any problems or disputes that arise between You and Service Providers, Service Providers Third Party Content, Offering Providers and Payment Method Providers. However, We will facilitate any issues or disputes that arise between You and Service Providers, Third Party Content Providers, Offering Providers, and Payment Method Providers with reasonable efforts necessary. When We facilitate the resolution of problems or disputes between You and Service Providers, Third Party Content Providers, Offer Providers, and Payment Method Providers, We do not act as a mediator and it does not create any further obligations to Us.
You understand that the use of the Selly Application can form a direct relationship between You and other third parties, including Your recipients and/or consumers, where We are not a party to the relationship. We are not responsible for any actions, whether as a result of Your negligence or intentional to all Your promises and obligations to other third parties or other third parties to You. You hereby warrant that You will hold harmless and indemnify Us from and/or for all complaints, claims, demands, and/or losses in connection with and as far as the use of the Selly Application is concerned, which is not the result of an actual fault or negligence on Our part.
You further understand that transactions that occur between You and Your consumers are not transactions that occur as a result of connecting You with Your consumers through the help of the Selly Application. We do not have any obligations and responsibilities in connection with communications and/or buying and selling transactions made by and between You and Your consumers.
16. Selly Application Deletion and Selly Account Suspension
You can remove the Selly Application from Your hardware at any time. We do not have any obligations to You for matters arising from the deletion of the Selly Application, temporary suspension or permanent suspension of Selly Account. However, You are still responsible for completing Your obligations that have arisen including, but not limited to, any obligations that may arise as a result of disputes, claims, or other existing legal actions, prior to the date of deletion of the Selly Application, temporary suspension or permanent suspension of Selly Account.
- there is a report from You that the Selly Account is used or suspected to be used or misused by another party;
- there is a report from You that the hardware used to register a Selly Account was lost, stolen or hacked;
- We know or have sufficient reason to suspect that Selly's Account has been transferred or used by another party;
- We know or with reasonable grounds to suspect that there have been things that in Our view have been or may be detrimental to Us, its affiliates, You, or other parties;
- there is an order to suspend Selly Account, either temporarily or permanently, issued by the relevant government or monetary institution or based on a court order issued in accordance with the applicable laws and regulations.
If the Selly Account has been frozen in accordance with the provisions above and you have clear
evidence that the Selly Account should not have been suspended, you can make a report to us to
submit such evidence. After conducting further examination of your report, We will, at Our sole
discretion, determine to terminate or continue the suspension of Selly's Account. Suspend will not
continue unreasonably if We decide that the things that caused the suspension have been resolved.
17. Your Representation
You represent and warrant that You:
b. for Selly Application users who are legal entities:
- is a legal entity established based on the laws and regulations in force in the Republic of Indonesia;
does not violate the provisions of the articles of association, laws and regulations or any
agreement to which You are bound to be a party.
You understand and agree that all risks arising from the use of the Selly Application, Third Party Services, Third Party Content, Offers and Payment Methods are entirely Your responsibility and You hereby agree to release Us and/or Our affiliates from all claims in connection with damage, interference, or other forms of system disruption caused by unauthorized access by other parties.
YOU ACKNOWLEDGE THAT WE ARE A TECHNOLOGY COMPANY, NOT A TRANSPORTATION, COURIER, POST, DELIVERY SERVICES, LOGISTICS, FINANCIAL AND OTHER SERVICES AND WE DO NOT PROVIDE TRANSPORTATION, COURIER, POST, DELIVERY SERVICES, LOGISTICS, FINANCIAL SERVICES AND OTHER SERVICES. ALL TRANSPORTATION, COURIER, POST, DELIVERY SERVICES, LOGISTICS, FINANCIAL AND OTHER SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTIES THAT ARE NOT HIRING BY US.
18. Force Majeure
The Selly Application may be interrupted by events beyond Our authorization or control ("Force Majeure"), including but not limited to natural disasters, power failures, telecommunications disruptions, government policies, and others. You agree to release Us from any claims and responsibilities, if We are unable to facilitate Third Party Services, including fulfilling the instructions You give through the Selly Application, either partially or wholly, due to a Force Majeure event.
20. Contact Us
You can contact the Selly Application customer service via electronic mail to [email protected] or through the chat feature contained in the Selly Application. All correspondence with You will be recorded, recorded and kept for Our archives.