Terms of Use
By downloading, installing, and/or using the Grand Outlet application (the "Application"), You acknowledge that You have read, understood, accepted and agreed to these Terms of Use ("Terms of Use"). These Terms of Use constitute a legal agreement between You and PT Grand Outlet Bali, and apply to Your access to and use of Our website at www.grandoutletbali.com ("Website"), the Services, and the Application (as defined below). If You do not agree to these Terms of Use, please cancel Your account (if You have signed up for the Application) and permanently delete the Application from Your device. PLEASE REVIEW OUR TERMS OF USE AND PRIVACY POLICY CAREFULLY BEFORE DOWNLOADING OUR APPLICATION OR USING OUR SERVICES FOR THE FIRST TIME.
1. GENERAL MATTERS
PT Grand Outlet Bali is a company established under the laws of the Republic of Indonesia ("We", "Us", or "Our"). The Application is a software application that serves as a means to find information regarding Our Tenants and also to facilitate the earning and redemption of loyalty points ("Loyalty Points") based on transactions conducted with Our Tenants. The Application allows You to submit information requests regarding Our Tenants. If Your mobile device (smartphone) has a GPS receiver enabled, the Application may detect Your location and transmit that information to the relevant Tenant. You may also earn and redeem Loyalty Points by submitting transaction information through the Application based on Your transaction with Our Tenants. The device’s camera used within the Application can capture images of Your transaction receipts to submit Your transaction information and earn points ("earn points"). Additionally, You may use the Application to redeem Your Loyalty Points as payment to a Tenant ("redeem points"). FOR THE AVOIDANCE OF DOUBT, PLEASE NOTE THAT WE ARE A PROPERTY COMPANY, NOT A TECHNOLOGY COMPANY. We do not own or control any of the Tenants, and we are not responsible for any actions and/or omissions of the Tenants. The Application is merely a means to facilitate Your access to Tenants information and Loyalty Points features. The provision of Services is solely the responsibility of the respective service providers, and it is Your decision whether to engage or transact with them.
2. TERMS FOR USING THE APPLICATION
You represent and warrant that You are an individual legally entitled to enter into a binding agreement under the laws of the Republic of Indonesia, in particular these Terms of Use, and to use the Application. You confirm that You are at least 17 years old or have been married, and are not under guardianship. Otherwise, We will be entitled, in accordance with applicable law, to cancel any agreement entered into with You. You also represent and warrant that You have the right, authority and capacity to use the Services and to abide by and comply with these Terms of Use. If You are registering on behalf of a legal entity, You further represent and warrant that You are authorized to enter into and bind such entity to these Terms of Use and to register for the information, the Loyalty Points and the Application. We collect and process Your personal information, such as Your name, email address, and phone number when You sign up for the Application. You must provide accurate and complete information, keep the information up to date, and agree to provide Us with any reasonable proof of identity that We may request. If any of the personal information that You have provided to Us changes, such as Your email address, phone number, or if You wish to cancel Your account, please update Your details by sending a request to Us. We will, to the best of Our ability, effect the requested changes within fifteen (15) business days of receipt of the notice. You may use the Application only after successfully signing up. Upon registration, the Application will provide You with a personal account that can be accessed using a password You choose. You are solely responsible for Your account and You undertake not to allow others to use Your identity or access Your account. You may not assign or otherwise transfer Your account to any other party. You must keep Your account password and any other identification We provide to You secure and confidential. If Your password is disclosed, howsoever, which causes any illegitimate or unauthorised use of Your account or identity, any orders generated from such illegitimate or unauthorized use will be deemed valid, unless You notify Us before the relevant Tenant completes the transaction. You may only maintain one Application account. The information provided by the Application is not intended to constitute advice or an offer. The decision to use the Loyalty Points is entirely Yours. You undertake to use the Application only for its intended purpose: to access Tenants information and to earn or redeem Loyalty Points. You may not misuse the Application for fraudulent purposes, to cause any inconvenience to others, or to make false or deceptive transactions. If You are also a Tenant, You may not use Your own (or another user's) customer account to place orders that result in You earning points for Yourself. You may not harm, alter or modify the Application and/or Website, nor attempt to do so in any manner whatsoever. We are not liable if You do not have a compatible device or if You download an incorrect version of the Application for Your device. We reserve the right to prohibit Your continued use of the Application if You access the Application using an incompatible or unauthorized device, or if you use it for purposes other than those for which the Application is intended. You undertake that You will only use an access point or data connection that You are authorized to use. You are expected to maintain the confidentiality of any information accessed through the Application and to refrain from any misuse of such information. Additionally, You are also required to treat Tenants respectfully and to avoid engaging in any illegal, threatening, or harassing behaviour when utilising their Services. You acknowledge and agree that Your use of the Application is also subject to Our Privacy Policy, which may be amended from time to time. By using the Application, You consent to the terms outlined in Our Privacy Policy. By providing Us with any information, You represent and warrant that You have the legal right to do so, and that We are permitted to use and share such information with Tenants in accordance with Our Privacy Policy. We may, at Our sole discretion, offer promotions that may be redeemed for benefits related to the use of the Application. You agree to use such promotions only as intended and not to abuse, duplicate, sell or transfer the promotions in any manner. You understand that promotions are not redeemable for cash and may expire on a specified date, including prior to their use. If You lose control of Your account, for example, if Your device is stolen or Your account is compromised, You must inform Us immediately so that We can take action, including suspending or terminating Your account. Please note that You remain responsible for any activity conducted through Your account and may be held liable for misuse, even if it is carried out by another party.
3. PAYMENT
The download and/or use of the Application is free of charge. However, We may introduce fees for the download and/or use of the Application at times. If this occurs, We will inform You accordingly so that You can decide whether to continue using the Application. Please note that the internet connection required to use the Services, and any associated charges (e.g. mobile data expenses) are Your sole responsibility and will be incurred entirely at Your own expense. The applicable Loyalty Points rates can be found within the Application and may be modified or updated from time to time. We assist Tenants in calculating the Loyalty Points based on Your transaction and, on their behalf, We will inform You of the earned Loyalty Points. Loyalty Points constitute Your digital balance and may only be used to offset the cost of Your transaction with Tenants that use the Application Point of Sale (POS) system. The Grand Outlets may, from time to time, credit additional Loyalty Points to Your account as part of promotion campaigns (e.g., referral codes). These credited points will represent a value equivalent to monetary amounts under applicable laws and regulations. When You choose to apply Your Loyalty Points to reduce the payment for Your transaction with a Tenant, You hereby acknowledge and agree to grant Us full power and authority to offset Your Loyalty Points and to remit those points on Your behalf as payment to the Tenant for the Services provided.
4. NO WARRANTIES
We make no representations, warranties, or guarantees regarding the reliability, timeliness, quality, suitability, availability, accuracy, or completeness of the Services, the Website and/or the Application software, including but not limited to the Services provided by or obtained from Tenants through the use of the Application. We do not represent or warrant that (a) the use of the Services and/or the Application will be secure, timely, uninterrupted, or error-free, or that the Application will operate in combination with any other hardware, software, system, or data, (b) the Services will meet Your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information, or other materials purchased or obtained by You through the Application will meet Your requirements or expectations, (e) any errors or defects in the Application will be corrected, (f) the Application or the servers that make the Application available are free of viruses or other harmful components, or (g) the Application will not track You. The Services are provided to You strictly on an "as is" basis. All conditions, representations, and warranties, whether express, implied, statutory or otherwise, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are hereby expressly excluded and disclaimed to the fullest extent permitted by law. You acknowledge and agree that the entire risk arising out of Your use of the Services remains solely and entirely with You, and that You will have no recourse whatsoever against Us.
5. OUR LIABILITIES
We employ appropriate and reasonable technical and security measures to keep the Application secure and free from viruses and errors. However, no security system is completely impenetrable. Accordingly, We cannot guarantee the security of Our database, nor can We guarantee that the information You provide will not be intercepted during transmission to Us. The Application may be subject to limitations, delays, and other problems inherent to the use of the internet and electronic communications, including those caused by Your device or service provider being faulty, disconnected, out of range, switched off, or otherwise not functioning. We shall not be held responsible for any delays, delivery failures, damages, or losses resulting from such problems.
6. LIMITATION OF LIABILITY
Any claims against Us by You will, in any event, be limited to the aggregate amount of all Loyalty Points actually redeemed by You and/or due from You in connection with the use of the Services during the event giving rise to such claims. In no event will We and/or Our licensors be liable to You or any third party for any costs, interest, damages, or losses of any kind or nature (including without limitation, personal injury, emotional distress, loss of data, goods, revenue, profits, use, or any other economic advantage).
We and/or Our licensors will not be liable for any loss, damage, or injury which may be incurred by You, including but not limited to any loss, damage, or injury arising out of, or in any way connected with the Services and/or the Application, including but not limited to the use of, or inability to use, the Services and/or the Application. You expressly waive and release Us from any and all liability, claims, or damages arising from or in any way related to the Tenants. We are not a party to, and will not be involved in, any disputes or negotiations of disputes between You and the Tenants. Responsibility for any decisions You make based on information obtained through the Application rests solely and entirely with You. You further expressly waive and release Us from any and all liability, claims, causes of action, or damages arising from Your use of the Services, software, and/or the Application, or in any way related to the Tenants introduced to You through the Application.
7. INDEMNIFICATION
By using the Application, You agree to defend, indemnify, and hold harmless Us, Our licensors, affiliates, and each of Our officers, directors, commissioners, employees, attorneys, and agents from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) Your use of the Services and/or the Application, including Your dealings with partners, advertisers, and/or sponsors, (b) Your violation or breach of these Terms of Use or any applicable law or regulation, whether or not referenced herein, (c) Your violation of any rights of any third party, including third-party service providers engaged via the Application, or (d) Your misuse or unauthorized use of the Application. This defense and indemnification obligation will survive the termination of these Terms of Use and Your use of the Application.
8. LICENSE
Subject to Your compliance with these Terms of Use, We grant You a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, and revocable license to download and install a copy of the Application on a single mobile device that You own or control, and to run that copy solely for Your personal, non-commercial use. You may not (i) copy, modify, adapt, translate, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast, decompile, or disassemble any part of the Application, except as expressly permitted under these Terms of Use, (ii) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make the Application and/or the software available to any third party in any manner; (iii) create internet "links" to the Application, or "frame" or "mirror" any part of the software on any other server or wireless or internet-based device; (iv) reverse engineer or access Our software in order to (a) build a competitive product or service, (b) develop a product using similar ideas, features, functions, or graphics of the Application, or (c) copy any ideas, features, functions, or graphics of the Application, (v) launch an automated program or script, including but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses, or worms, or any program which may make multiple server requests per second, or otherwise unduly burdens or hinders the operation and/or performance of the Application, (vi) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or otherwise reproduce or circumvent the navigational structure or presentation of the Application or its content; (vii) post, distribute, or reproduce in any manner any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the rightful owner, (viii) remove any copyright, trademark, or other proprietary rights notices contained in the Application. No licenses or rights are granted to You by implication or otherwise under any intellectual property rights owned or controlled by Us or Our licensors, except for the licenses and rights expressly granted under these Terms of Use. You agree that You will not (i) send spam or other duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to, materials harmful to children or that violate the privacy rights of third parties; (iii) send materials containing software viruses, worms, trojan horses, or other harmful computer code, files, scripts, agents, or programs; (iv) interfere with or disrupt the integrity or performance of the Application or the data contained therein; (v) attempt to gain unauthorized access to the Application or its related systems or networks; (vi) impersonate any person or entity or otherwise misrepresent Your affiliation with any person or entity; or (vii) engage in any conduct that may damage Our reputation or be considered disreputable. We reserve the right to investigate and take appropriate legal action against any violation of these Terms of Use. We may also cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. While We are not obligated to actively monitor Your access to or use of the Website or the Application, We reserve the right to do so for the purposes of operating the Website and the Application, ensuring Your compliance with these Terms of Use, or to comply with applicable laws or lawful orders from courts, administrative agencies, or other governmental authorities.
9. INTELLECTUAL PROPERTY MATTERS
The Grand Outlets, including their names, logos, the Application, and the Services, are protected by copyright, trademark, and other intellectual property rights under the laws of the Republic of Indonesia. We (and Our licensors, if applicable) exclusively own all rights, title, and interest in and to the Application, including all associated intellectual property rights. Without limiting Our rights under applicable laws or these Terms of Use, You are hereby informed that any attempted or actual infringement of this provision will result in the immediate termination of all rights granted to You under these Terms of Use. If You circumvent or attempt to circumvent any protective measures implemented by Us to prevent unauthorized use of the Services, You must immediately cease any and all use of the Services, and You agree and undertake to do so.
10. TERMINATION
You are under no obligation to use the Application and may choose to stop using it at any time by cancelling Your account and permanently deleting the Application from Your device, thereby disabling Your access to the Application. These Terms of Use will automatically terminate upon the permanent deletion of the Application from Your device. We reserve the right to immediately suspend, restrict, or terminate these Terms of Use and Your access to the Application if We have reasonable grounds to suspect that You have breached or violated any provision of these Terms of Use or any applicable laws and regulations.
11. MISCELLANEOUS
Our waiver, forbearance, or failure to enforce any breach of these Terms of Use, or to exercise any right under these Terms of Use or applicable law, will not be deemed to constitute a waiver of any subsequent breach or right. These Terms of Use are drawn up in both English and Indonesian, both versions are equally binding on You and Us. In the event of any inconsistency between the Indonesian version and the English version, the Indonesian version will prevail. You may not transfer or assign Your rights under these Terms of Use without Our prior written approval. We may assign Our rights under these Terms of Use to a third party at Our sole discretion. If any provision of these Terms of Use is found to be illegal, invalid, or unenforceable, in whole or in part, such provision will be deemed severed, and the remaining provisions will remain in full force and effect.
12. THIRD PARTY LINKS
You hereby acknowledge that We may, from time to time, include links or references to other websites, products, services, content, or materials (hereinafter referred to as "Third Party Links"), none of which are controlled by Us. The Third Party Links are provided solely for Your convenience and information only. We do not make any representations, warranties, or guarantees as to the accuracy, completeness, performance, reliability, timeliness, quality, or suitability for any particular purpose of the Third Party Links. We do not endorse, approve, or support any of the content or services contained in or offered through the Third Party Links. You access and use the Third Party Links entirely at Your own risk.
13. AFFILIATE MARKETING AND ADVERTISING
Through the Application and other related platform (“Items”), We may accept advertising and sponsorships from commercial entities, whereby third parties may pay Us to advertise on the Application or through Our Items. We may also receive other forms of advertising compensation, including but not limited to affiliate marketing arrangements.
14. PRIVACY
By using the Application or Items, You may provide Us with certain personal information. By continuing to use the Application or Items, You hereby authorize Us to collect, process, store, and use Your information in Indonesia and in any other jurisdictions where We operate. Please refer to Our Privacy Policy for further information about Our privacy practices.