Terms and Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS PLATFORM.
 
Jagonya Ayam Merchandise (“JA-Merchandise”) is managed entirely by PT SERGE RETAILINDO  (“Jagonya Ayam”/ “We”). JA-Merchandise consists of various products from Jagonya Ayam (“Product”).
 
DEFINITION
You”: Customer;
Platform”: any related website, mobile application or other Jagonya Ayam product or service;
Device”: all type of computer, mobile phone, tablet, console or other device;
Order”: a process reservation submitted by You at the Platform to purchase the Product;
 Supplier”: owner, provider, supplier or merchant of the Product;
Service”: information, services and/or other functions provided by Jagonya Ayam included but not limited to payment service with credit card
Content”: text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content made by Jagonya Ayam
 
By accessing or using this Platform on any Device, You signify that You have read, understand and agree to be bound by these Terms of Use and any other applicable law, whether or not You are a registered member of Jagonya Ayam Platform. We may change these Terms of Use at any time without notice, effective upon its posting to the Platform. Your continued use of the Platform shall be considered Your acceptance to the revised Terms of Use. If You do not agree to these Terms of Use, please do not use this Platform or download any material in it.
 
INTELLECTUAL PROPERTY
All intellectual property, including but not limited to all trademarks, service marks and trade names (“Intellectual Property”) on the Platform (except for User Generated Content) is owned by Jagonya Ayam or its respective Intellectual Property owners, which includes materials protected by copyright, trademark, or patent laws. This platform don’t have any rights or affiliation with all the respective Intellectual Property owners above. All IP are owned, registered and/or licensed by Jagonya Ayam or its respective IP owners. All content on the Platform (except for User Generated Content), including but not limited to Content is a collective work under the Indonesia law and other copyright laws and is the proprietary property of Jagonya Ayam; All rights reserved.
 
THIRD PARTY TRADEMARK
The Product may contain IP from any related third party which have agreement with Jagonya Ayam and by their consent agree to be shown at the JA-Merchandise and Platform. This however doesn’t means that Jagonya Ayam holds any rights of the IP except for what have been agreed in the agreement between parties. All right are reserved for the related third party.
PLATFORM USE RESTRICTIONS
You may use the Content only for Your own non-commercial use to participate in the Platform or to place an order or purchase Products. You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the Platform, including User Generated Content (defined below), without Jagonya Ayam prior written consent, unless it is Your own User Generated Content that You legally post on the Platform. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of content or any Intellectual Property rights shown on the Platform to You.
 
SAFEGUARD YOUR USERNAME/PASSWORD
You are responsible for any actions that take place while using Your JA-Merchandise account. Keep Your username/password secure and do not allow anyone else to use Your username/password to access the Platform. JA-Merchandise is not responsible for any loss that results from the unauthorized use of Your username/password, with or without Your knowledge.
 
USER GENERATED CONTENT
User Generated Content” is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that You and/or other Platform users post or otherwise make available on or through the Platform, except to the extent the Content is owned by Jagonya Ayam or it licensors.
 
POSTING RULES: USER GENERATED CONTENT AND USER CONDUCT
 
BE RESPONSIBLE
You are solely responsible for Your User Generated Content, Your interactions with other users and Your activity on the Platform. Do not take any action or post anything that may expose Jagonya Ayam or its users to any harm or liability of any type.
 
BE RELEVANT AND CONSTRUCTIVE
Stay on topic and post only constructive comments and questions. Unless the Platform feature asks for it, don't talk about policies, future products, speculations or rumors about Jagonya Ayam and Products, or anything else off topic including spreads hoax.
 
BE COURTEOUS AND APPROPRIATE
Flaming and insults are prohibited. Do not post User Generated Content, or a link to a website, that, in JA-Merchandise sole discretion, is illegal, offensive, libelous, defamatory, infringing, inflammatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, violent, sexually explicit, invasive of privacy, publicity, intellectual property, proprietary or contractual rights, offensive in a sexual, racial, cultural, or ethnic context, will harm or threaten the safety of others, or is otherwise objectionable. Do not post photos or videos of another person without that person's consent. Do not "stalk," intimidate, abuse, harm or harass another Platform user or person.
 
BE PRIVATE
Do not post personal information. Do not collect or solicit personal information from other Platform users or send unsolicited emails or other communications. Do not collect, use or post on the Platform the private information of anyone else without their consent or for illegal purposes.
 
BE PERSONAL
The Platform is not to be used for any commercial purpose. Do not post any advertising, solicitation or commercial content whatsoever on the Platform or accept payment from a third party in exchange for Your performing commercial activity on the Platform. Do not post any User Generated Content that involves the transmission of “junk mail”, “chain letters”, “or unsolicited mass mailing or” “spamming”. Do not use automated scripts to collect information from, or otherwise interact with, the Platform.
 
BE YOURSELF
Do not impersonate any person or entity, including without limitation athletes or Jagonya Ayam employees. Do not misrepresent Yourself, Your age or Your affiliation with any person or entity. Do not register for more than one JA-Merchandise account, register a JA-Merchandise account on behalf of another individual, group or entity, or sell or transfer Your profile or account. Do not use or attempt to use another person's account, username or password.
 
BE ORIGINAL
You promise that You own or control all rights in any User Generated Content that You post on the Platform. You are responsible for ensuring that any User Generated Content that You post does not, and will not, infringe or violate anyone else’s rights, including copyright, trademark, patent, trade secret, privacy, publicity or other personal or proprietary rights. You promise not to submit User Generated Content unless You are the owner or have permission from the owner to post such User Generated Content and grant Jagonya Ayam all the license rights granted in these Terms of Use.
 
BE LEGAL
Do not post any User Generated Content, take any action or use the Platform in a way that violates any law or social norm, would create liability or promotes illegal activities. Do not take any action on the Platform designed to interfere, disrupt, damage, disable, overburden or limit the functionality of any computer software or hardware, telecommunications equipment or the Platform. Do not post User Generated Content that contains software viruses, programs or other computer code. Do not circumvent or modify any Platform security technology or software.
 
TERMS OF SALE
 
ELIGIBILITY AND REGISTRATION
To make a purchase on JA-Merchandise or become a member of the Jagonya Ayam Platform, or post User Generated Content, You may be required to register for an account. You agree to provide accurate and current information about Yourself in all registration forms on the Platform. This Platform is intended solely for users who are thirteen (13) years of age or older and it is a violation of these Terms of Use for anyone under 13 to register for the Platform. You represent and warrant that You are 13 or older. Your account may be deleted without warning if You misrepresent Your age, whether older or Younger.
 
ORDER PROCESS
To place Your Order, You will be required to follow the process on the Platform with further confirmation as approval of Your order. Order process will only be accepted after the confirmation is completed alongside with shipping address that You provided. A sale and purchase arrangement shall be deemed to occur in connection with the delivery of the Product to Your address in accordance with the Order. If the Order includes more than one Product, the Item may be delivered to You in separate packages and at separate times.
 
PRODUCT WARRANTY
We will do our best to ensure that all details, descriptions and prices appearing on the Platform are consistent with the information we receive from the Supplier and shown on the Platform. If there is a mistake on the details, description and price on the Platform, We will notify You about it as soon as possible and provide an option to reaffirm Your order. If We are unable to contact You, we will cancel Your order process and will issue You a refund according to the payment gateway policy (if applicable).
 
All details, descriptions and price listed on the Product are made and provided by Supplier. In the event of inaccuracies of information, any data and/or description relating to the Product, then such and all losses and costs incurred entirely are the responsibility of the Supplier concerned.
 
PRODUCT ORDERS
All orders placed through the Platform are subject to Jagonya Ayam acceptance. This means that Jagonya Ayam may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to You or anyone else. If Your credit card has already been charged for an order that is later cancelled, Jagonya Ayam will issue You a refund according to the payment gateway policy (if applicable).
 
PRICE
The price stated in the Platform must be in Indonesian Rupiah. You will be charged a shipping fee as well as additional fees that will be prominently displayed and included in the ‘Final Amount’ of the price and fees you have to pay for the Order.
 
PAYMENT
You may make payment of any Order by using the Services provided by one of our partners listed on the Platform or using cash on the applicable Service payment method. Payment process through Credit Card (Credit Card) will be processed within 1 x 24 hours.
 
Any purchase with payment through Credit Card will be processed and controled by the payment gateway appointed by Jagonya Ayam for the convenience and security of You. Card Holder is advised to Store transaction proof. All data in the input is secure with encrypted security system.
 
PRODUCT DELIVERY
We may only deliver the Product item that You order after receive notice and full payment that necessary in relation to the Order and confirmation of payment appropriately and in accordance with the total amount of payment specified in the Order.
 
We will deliver the Product to the place as in Your Order, with estimated time of arrival that we were informed. With this term, You acknowledge and consider that the shipping costs depending on Your delivery area, Suppliers and scheduling of our logistics courier partners. We are not responsible for any losses, liabilities, damage fees or other charges arising from interruption of delivery of Product.
 
We are not responsible to any form of complaint or claim on the Product Delivery and it shall be the sole responsibility of the logistics company working with Jagonya Ayam. However, We will facilitate You and the expedition company You choose, and in this regard You hereby agrees to release and discharge Jagonya Ayam from any claim, indemnity, and / or loss or suffered by You or from any costs or expenses that arising out in connection with the delivery of the Product.
 
GENERAL RULES FOR USER GENERATED CONTENT
 
CONTENT IS NOT PRESCREENED
We do not prescreen User Generated Content. We do not guarantee the Platform will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. Jagonya Ayam is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Platform. Even in the event Jagonya Ayam chooses to monitor any User Generated Content, Jagonya Ayam assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content. Jagonya Ayam reserves the right to edit, remove, or refuse to post any User Generated Content or terminate Your registered account for any reason.
JAGONYA AYAM RIGHTS TO YOUR POSTING
Your User Generated Content is not confidential or proprietary. You grant, and warrant that You have the right to grant, to Jagonya Ayam a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use Your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute, assign and commercialize without any payment due to You.
 
 
 
 
COPYRIGHT INFRINGEMENT COMPLAINTS
If You believe that Your work has been improperly copied and posted on the Platform, such that it constitutes infringement, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work that You claim has been infringed; (3) a description of where on the Platform the material that You claim is infringing is located; (4) a written statement that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf. These requirements must be followed to give Jagonya Ayam legally sufficient notice to Jagonya Ayam of infringement. Send copyright infringement complaints to:
 
PT SERGE RETAILINDO
JL. PALATEHAN 1 NO. 35, BLOK M, KEBAYORAN BARU, JAKARTA 12160, INDONESIA
 
We suggest that You consult Your legal advisor before filing a notice with JA-Merchandise copyright agent, because there may be penalties for false claims.
 
LINKS
The Platform may contain links to websites, applications or other products or services operated by other companies ("Third Party Platforms"). JA-Merchandise does not endorse, monitor or have any control over these Third Party Platforms, which have separate terms of use and privacy policies. Jagonya Ayam is not responsible for the content or policies of Third Party Platforms and You access such Third Party Platforms at Your own risk.
 
MOBILE SERVICES
The Platform contains services and features that are available to certain mobile devices. Your carrier's normal rates and fees apply. Not all mobile services will work with all carriers or devices. By using JA-Merchandise mobile services, You agree that we may communicate with You by electronic means to Your mobile device and that certain information about Your use of these services may be shared with us. If You change or deactivate Your mobile phone number, You must promptly update Your account information to ensure that we don't send Your messages to a different person.
 
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless PT. SERGE RETAILINDO J, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to Your User Generated Content, Your use of Content, Your use of the Platform, Your conduct in connection with the Platform or with other Platform users, or any violation of these Terms of Use, any law or the rights of any related third party.
 
 
PRIVACY
Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Platform.
 
USER INTERACTION DISCLAIMER
You are solely responsible for Your interactions with other people, whether online or in person. Jagonya Ayam is not responsible or liable for any loss or damage resulting from any interaction with other Platform users, persons You meet through the Platform, or persons who find You because of information posted on, by or through the Platform. You agree to take reasonable precautions in all interactions with other users on the Platform, and conduct any necessary investigation before meeting another person. Jagonya Ayam is under no obligation to become involved with any user dispute, but may do so at its own discretion.
 
WARRANTY DISCLAIMER
Jagonya Ayam is not responsible or liable for any User Generated Content or other Content posted on the Platform or for any offensive, unlawful or objectionable content You may encounter on or through the Platform. The Platform, User Generated Content, Content, and the materials and Products on this Platform are provided "AS IS" and without warranties of any kind. To the fullest extent permitted by law, Jagonya Ayam disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Jagonya Ayam cannot guarantee and does not promise any specific results from use of the Platform. Jagonya Ayam does not represent or warrant that the Platform will be uninterrupted or error-free, that any defects will be corrected, or that this Platform or the server that makes the Platform available are free of viruses or anything else harmful. To the fullest extent permitted by law, Jagonya Ayam does not make any warranties or representations regarding the use of the materials or Content in the Platform in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that You download or otherwise obtain Content at Your own risk, and that You will be solely responsible for Your use and any damage to Your mobile Device, computer system or other Device in which You access the Platform, loss of data or other harm of any kind that may result. Jagonya Ayam reserves the right to change any and all Content and other items used or contained in the Platform at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to You.
 
LIMITATION OF LIABILITY
JAGONYA AYAM SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS PLATFORM OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE PLATFORM OR THE CONDUCT OF OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT A JAGONYA AYAM EVENT OR ANY USER GENERATED CONTENT, EVEN IF JAGONYA AYAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST JAGONYA AYAM FOR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. THAT SAID, IF JAGONYA AYAM IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS PLATFORM OR ANY CONTENT, JAGONYA AYAM'S LIABILITY SHALL NOT EXCEED Rp 1.000.000 . APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
 
MISCELLANEOUS
You agree that this Platform shall be deemed a passive website solely based in JAKARTA, INDONESIA, which does not give rise to personal jurisdiction over Jagonya Ayam in jurisdictions other than Indonesia. You agree that this Platform, Terms of Use, Privacy Policy and any dispute between You and Jagonya Ayam shall be governed in all respects by Indonesia, except where prohibited, You agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Platform (including but not limited to the purchase of Jagonya Ayam products) shall be resolved individually, without resort to any form of class action, and exclusively in the district court of South Jakarta, Indonesia. You consent to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the courts of Indonesia. Any cause of action or claim You may have with respect to the Platform (including but not limited to the purchase of Jagonya Ayam products) must be commenced within one (1) year after the claim or cause of action arises. By using the Platform, You agree to receive certain electronic communications from Jagonya Ayam. You agree that any notice, agreement, disclosure or other communication that Jagonya Ayam sends You electronically will satisfy any legal communication requirements, including that such communications be in writing. JA-Merchandise failure to insist upon or enforce strict performance of any of these Terms of Use shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms of Use. Jagonya Ayam may assign its rights and duties under these Terms of Use to any party at any time without notice to You.
 
SEVERABILITY
If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.
 
TERMINATION AND DELETIONS
Jagonya Ayam reserves the right in its sole discretion to terminate Your account, delete Your profile and any of Your User Generated Content, and restrict Your use of all or any part of the Platform for any or no reason, without notice, and without liability to You or anyone else. Jagonya Ayam also reserves the right to block users from certain IP addresses or Device numbers and prevent access to the Platform. You understand and agree that some of Your User Generated Content, such as that which is displayed outside Your profile, in activity feeds, in other parts of the Platform, or on other platforms (e.g., Facebook, Twitter, Google, etc), may continue to appear on the Platform or on other platforms even after Your User Generated Content is removed or Your account is terminated. These Terms of Use remain in effect even after Your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination.