Term and Condition

Terms & conditions set forth below regulated the use of services offered by PT. Elaeis Abra Prima in relation to the use of the Mobile application (apps) and website www.sellbuytime.com User is suggested to read carefully since this will affect user’s rights and obligations under the law. By registering and/or using the website www.sellbuytime.com, user is deemed to have read, understand, comprehend as well as approve and accept of all contents herein. These terms &conditions are covenants stipulated in a valid and lawful agreement between user and PT. Elaeis Abra Prima. If user is disagreed with one of, partially, or the whole contents of the terms & conditions, then user shall not allowed to use the services at www.sellbuytime.com

Definition

1. Elaeis is a limited liability company that conducts web portal services business and mobile app “sellbuytime.com” (application), namely a website and an application of the sell-and-buy services by registered individual (hereinafter referred to as “Sellbuytime”)
2. The website of Sellbuytime is located at www.sellbuytime.com.
3. Official Account of Sellbuytime is a mutual account approved by the Sellbuytime and its users to process any payment transactions at Sellbuytime. Official account of the Sellbuytime is on Bank CIMB Niaga with account number 760468659400 under the name of Okky Vanda

Account

1. User hereby represents that it has the legal capacity to bind itself in an agreement that is legal and lawful by law.
2. Sellbuytime do not impose any registration fee to User.
3. User makes a registration based on the instructions and forms provided by the Sellbuytime.
4. Registered user agrees, undertakes and covenants to follow the terms and conditions stipulated by Sellbuytime, included but not limited to costs and expenses associated with the job received, service and maintenance charge determined in the provision on Tariff and Fee, membership fees that shall be determined at a later date such as issuance of Sellbuytime ID and other its attributes.
5. Registered user shall be entitled to act as:
a. Services / Skills Purchaser, hereinafter referred to as “Client”
b. Services / Skills Provider, hereinafter referred to as “Talent”
6. User who is acting as Services / Skills Provider shall be required to select the “Sell Time” option. Meanwhile the Services / Skills Purchaser shall use the “Buy Time” option.
7. Sellbuytime without any prior notice to Users, has the power and authority to take any necessary acts for every allegedly violation and breach or default on the terms & conditions and/or the prevailing laws in the form of actions such as fund blocking, account suspension, and/or user’s account deactivation and deletion.
8. Sellbuytime has the rights and authority to close User’s account temporarily and permanently if there were any fraudulence acts in transactions and/or conducted any sales for user’s personal interest and benefit.
9. User is enjoined and prohibited to create and/or use any devices and/or automatic features intended to manipulate the Sellbuytime system, including but not limited to
(i) data manipulation,
(ii) crawling,
(iii) automatic sell-and-buy transaction,
(iv) automatic promotion.
10. Sellbuytime has the rights and authority to perform user account data adjustment as part of the services or conduct any moderation/ process/close the user’s account, if user was known or allegedly found to commit fraud and illicit acts that is intended to manipulate its transaction data for the purpose of enhancing user’s reputation (review and or number of transaction).
11. User shall be personally responsible to keep confidentiality of the account and password for all activities happened in User’s account.
12. Sellbuytime shall not ask for password of User’s account for any reason and therefore User is advised not to release your account password to any party, either the third party or any party acting on behalf of Sellbuytime.
13. User acknowledges and agrees to log out of the account at the end of every session and notifies Sellbuytime if you suspect or become aware of any unauthorized use of User’s account and password. 14. User hereby represents that Sellbuytime shall not be held responsible for damages or losses arising from misuse of User’s account.
15. User shall be fully responsible for any information submitted to the Sellbuytime. User shall also be responsible to update information through the feature provided at Sellbuytime. Sellbuytime shall not be responsible and liable for the accuracy of data of its users.
16. Talent has agree to give permission to Sellbuytime that all information and skill profile that has been published through Sellbuytime can be use by Sellbuytime as promotional material.

Purchase Transaction

1. Services/Skills Purchaser (hereinafter referred to as “Client”) shall transact through transaction procedures determined by Sellbuytime. Made any payment using the payment method chosen by the Client itself, and then the Sellbuytime shall forward and dispatch the fund to the Services/Skills Provider if the Services/Skills job process in the Sellbuytime system has been completed.
2. When making purchasing of Services/Skills, Client agrees and approves that :
a. Client shall read, understand, and concurs to information/description of overall Services/Skills before making any offer or commitment to use that Services/Skills.
b. Client shall agree, undertake and covenant to the job contract binding with the Services/Skills Provider at the time both parties represent their consent through the Sellbuytime system.
3. Client agrees and acknowledges that any and all job contracts performed and carried out between Client and Services/Skills Provider other than through the Official Account of Sellbuytime and/or without the knowledge of Sellbuytime (through private facility/network, message transmission, special transaction setting outside thesellbuytime or other action) shall be personal responsibility of the Client.
4. Sellbuytime has full authority to turn down, decline and reject any payment without prior notice.
5. Payment by Client to the bank account of sellbuytimeshall is made no later than 12 hour time limit after it has made payment confirmation in Sellbuytime application. If within the time limit Client has not made the payment, the Sellbuytime has the power and authority to cancel the transaction in question. Client shall not have the right to file any claim or suit and demand on the cancelation of that transaction.
6. Confirmation on cash payment shall be supported with a message on the deposit slip namely invoice number and name. Cash payment confirmation without remarks shall not be processed by Sellbuytime.
7. Client approves and undertakes the addition of Tax in accordance with the applicable laws and regulations and as stipulated in the Tariff and Fee provision of the Sellbuytime.
8. Client agrees and undertakes that any delay and mismatch with the scope of work shall not be the responsibility of the Sellbuytime. That liability shall be at the expense of Services/Skill Provider. Hence Client may file complaint to and perform assessment on the Services/Skills Provider via the facility provided in the Sellbuytime, namely the Review feature. And the review shall be used by the Sellbuytime to evaluate and analyze the Services/Skills Provider in question.
9. Client agrees and undertakes that the issues on late payment process and additional expense caused by the difference in Bank entities used by Client and Sellbuytime shall be borne by the Client personally. Therefore, Client shall ensure that the payment amount received by Sellbuytime is in accordance with the payment obligation on related services/skills.
10. Refund from Sellbuytime to Client shall be conducted in 48 hour at the soonest and shall only be done in the following specified event:
a. Services/Skills Provider cancels unilaterally the ongoing job contract, including non-fulfillment of the agreed schedule.
b. Services/Skills Provider is unable to meet the scope of work which caused the job to be unfinished and incomplete in accordance with the job agreement (scope of work). Hence the refund of the payment to the Client shall be performed if Client and Talent have entered into an agreement with regard to the job performance and the payment amount.
11. Transaction can only be cancelled before the Client makes the payment confirmation and it is formally submitted to the Sellbuytime through available methods, except in the event of cancelation by the Services/Skills Provider.
12. If the Client performs cancelation after payment confirmation is made and that payment has been received by the Sellbuytime, then a charge shall be imposed in accordance with the Tariff and Fee provision of the Sellbuytime.
13. Client hereby agrees, undertakes and covenants to the charge for bank transaction fee on the refund of Client’s fund routed to the bank account other than in the official bank of the Sellbuytime.
14. Sellbuytime has the power and authority to make any decision on the unresolved transaction issues due to the absence of settlement agreement between the Services/Skills Provider and Client and by considering the available evidences. Sellbuytime decision is final and irrevocable as well as binding upon the Services/Skills Provider and Client hence shall be abided and honoured by the parties.
15. In the event Client chooses to use bank transfer payment method, then the total payment shall be added a unique code to simplify the verification process. If the payment has been verified then the Client shall declare that the unique code is entirely given to the Sellbuytime as part of payment of services/skills used by Client.
16. Sellbuytime has the power and authority to change the job status after its completion within 12 hour if the Client had not made the completion confirmation in the Sellbuytime system. Nevertheless, the Client is still obliged to make the completion confirmation in the Sellbuytime system.
17. Sellbuytime has the power and authority to make refund to the Client’s credit card limit in the event it is proven that there was fraud in the use of credit card payment feature and/or cash withdrawal transaction process on the credit card.

Sales Transaction

1. Services/Skills Provider (hereinafter referred to as “Talent”) shall be forbidden to manipulate the personal quality review on the type of job offered through the Sellbuytime.
2. Talent shall not be allowed to make services/skills offers that are not included in the types of services/skills determined by the Sellbuytime, including those prohibited by the Government of Indonesia and Religions. The types of services/skills that do not qualified into the Sellbuytime criteria among others are prostitution, shamanism, paranormal, dating services, documents and/or permits renewal assistance, martial arts training with dowry method, vitality massage, personal escort and bodyguard as well as personal training; and also services/skills that are deemed to be inappropriate in the future.
3. Talent is not allowed to provide its own terms and conditions in the data fill out. If there is any violation of the hereinbefore, then the Sellbuytime shall have full power and authority to delete the personal data of the Talent without any notification and the Talent shall not able to file a suit and claim against the Sellbuytime on the data removal.
4. Talent is obliged to provide respond to accept or reject the job request from Client at the soonest. If within the maximum time limit of 12 hour no respond is provided by Talent, then the employment provisions shall be automatically cancelled by Sellbuytime.
5. Talent understands and agrees that payment on the services/skills it offered (excluding transfer/administration fees) shall be fully refunded to Client if the transaction is cancelled by the Talent after job agreement has been entered into with the Client.
6. In the event the job is cancelled and/or not completed by the Talent in compliant with the agreed scope of work, then a penalty on the cancelation shall be imposed and payment shall not be made to the Talent without any consent and approval from both Client and Talent on the job performance and the payment amount.
7. Talent hereby agrees and understands that upon job cancelation and/or incompletion that is not in accordance with the agreed scope of work, then:
a. Talent shall be imposed with a penalty and fee on the incomplete work and job cancelation in the amount that is in accordance with the provision in the Tariff and Fee of the Sellbuytime.
b. Talent shall be evaluated and analyzed by the Sellbuytime and hence become the track records at Sellbuytime. Sellbuytime has full power and authority to give the track records information to other Users of Sellbuytime to become their attention and anticipation. And Talent shall not file any claim to Sellbuytime concerning the dissemination of such information.
8. Sellbuytime has the authority to withheld any payment to the Official Account of Sellbuytime until the job process is completed and/or an agreement has been drawn up and entered into by Client and Talent on the job performance and its value in the event such job could not be finished by the Talent.
9. Talent acknowledges and undertakes that its income tax upon the receipt of payment of services/skills shall be reported and taken care by respective Talent in accordance with the prevailing tax provisions in the Indonesian laws and regulations.
10. Sellbuytime is authorized to deduct the payment to the Talent in the amount as defined in the applicable provision of Tariff and Fee of the Sellbuytime, and the Talent shall approve that tariff and fee deduction.

Commission and Fee

1. Sellbuytime shall impose Tariff and Fee that will be deducted from the payment of services/skills that have been completed and/or pursuant to payment agreement between the Client and Talent in the event of disputes (such as job incompletion, job completion that is not in accordance with the scope of work) between both parties, and based on the prevailing provision of Tariff and Fee of the Sellbuytime.
2. Sellbuytime shall have full power and authority to make change to the Tariff and Fee value without any notification to the Talent and Client, and shall be effective as from the change is done.
3. Talent and Client are obliged to constantly review the Tariff and Fee stipulated by the Sellbuytime at any time, and hereby the Sellbuytime is exonerated and release from any claim that the Tariff and Fee update had not been informed directly to the Talent and Client.
4. As registered Talent in the Sellbuytime, User shall be subject to registration fee of Rp. 0
5. Client shall be charged with handling fee of 2% done by talent for Client’s interest
6. Cancelation made by the Client and Talent will be imposed a Cancelation Fee with the following conditions :
Cancelation by Client :
a. Cancelation is performed within 24 hour at maximum after payment received by the Sellbuytime, then the Client shall be charged with cancelation fee of Rp 25.000
b. Cancelation is performed one day before the work date agreement, thus the Client shall be charged 30% of the agreed value of services/skills.
c. Cancelation is performed on the same day as the work date agreement, then the Client shall be charged 50% of the value of services/skills.
Cancelation by Talent :
a. Talent could not finish and complete the job in accordance with the agreed scope or work, then the Talent shall be charged with a penalty at a rate of 10% of the services/skills payment agreed by Talent and Client.
b. Cancelation is performed unilaterally hence the Talent shall be imposed a cancelation penalty of Rp 25.000 and shall be deducted at the time the Talent has the balance on the payment of services/skills it received.
7. On every payment of services/skills received by the Talent, system maintenance and services expense shall be charged 12.5%
8. Fund transfer fee (RTGS/SKN/Real time transfer/Overbooking) shall be borne by the Talent and Client. This fee refers to respective destination Banks of the Talent and Client. Maximum amount od IDR 15.000 per transaction.
9. All individual taxes on the services/skills payment receipts shall be paid and reported personally by the Talent to the government.

Value of Services and Skills

1. The value of Services/Skills may be determined by the Client and Talent, in the event :
i. Talent determines the value of services/skills based on the quality review/qualifications of services/skills owned and offered. Therefore, the Talent may make adjustment on the value of services/skills in the job negotiation process with the Client.
ii. Client may make adjustment on the value of services/skills in the job negotiation process with the Talent.
2. Client and Talent understand and agree that mistakes in the determination of value of services/skills and other information due to un-updated information in the Sellbuytime caused by problems in the browser/ISP/telecommunication devices used, and also typing error, shall be at the account of the Client and Talent themselves.
3. Client and Talent understand and agree that every issues and/or disputes arising due to disagreement on price shall not be the responsibility of the Sellbuytime.
4. By making an order through the Sellbuytime, the Client agrees to pay the total payable costs as stated in the payment page and approved to make the payment via payment method selected by the Client.
5. Sellbuytime currently only serves transactions in Rupiah (IDR).

Release

If you have any dispute with one of more users, you hereby release the Sellbuytime (including the Parent Company, Director and Employees) from any claims or demands and damages (actual, indirect and consequential) of each and every kind and nature, known and unknown, arising out of or in any way connected with the dispute. Therefore, Users hereby waive the protections of the law(contained in other laws or regulations) that will limit the scope of this release provision.

Indemnity

User shall release the Sellbuytime from any damages and to indemnify and hold Sellbuytime (including the Parent Company, Director and Employees) harmless from any and all claims or demands, losses, liability, cost, and expenses, including reasonable legal fees, made by the third party due to or arising out of your breach of this Agreement, your improper use of the Sellbuytime services and/or your breach of any law or the rights of a third party.

Choice of Law

This agreement shall be governed by and construed in accordance with the law of the Republic Indonesia, notwithstanding any contradiction in any laws and regulations. You agree that any legal act or dispute that may arise out of, in relation with, or in any way related to the website and/or this Agreement shall be settled exclusively within the jurisdiction of the courts of the Republic of Indonesia

UPDATE

The terms &conditions may be changed and/or renewed and updated from time to time without any prior notifications. The Sellbuytime advises that you thoroughly read and check this page of terms & conditions from time to time and at any time to for any change. By continuing to access and use the Sellbuytime services, user is deemed to have approved the changes in the terms &conditions.

Language

Bahasa Indonesia shall be used as reference if there was difference in translation.

Privacy Policy

Sellbuytime respects your privacy and hence you are the party that competent to determine which personal information should be shared in the Sellbuytime website or used in the Sellbuytime mobile application (hereinafter referred to as Sellbuytime) We will explain how that information are gathered and collected and also used by us.

Information Collection

You can access our website or mobile application without providing any personal data. However, in order to fully utilize the Sellbuytime then you shall be the party entitled to decide to create an account or registered yourself in line with the required information filled out in the Sellbuytime. By the time you are creating an account or registering yourself using Facebook account (or other social network account), then you have given us permission to gather your information in that account in order to create an account in the Sellbuytime, and you are the competent party to make any change and/or add information in the Sellbuy time account hereafter.
When you use the Sellbuytime, your data and browser information will be automatically recorded. Such data will not identify you as individual and it includes IP protocol, type of browser, pages you visit in our application and the time you use to access them.
We shall only use the above information to evaluate and analyze the quality of the Sellbuytime so that it can provide and improve the services quality to users in the future. As an integral part of hereintofore, we may use cookies as part of information gathering and collection to assist us in evaluating and analyzing your interactions using the Sellbuytime, and Google Analytics that aimed to have online re-marketing.

Use of Information

You shall give us permission to use information that have been shared on the Sellbuytime for the purpose of :
1. Having good communication with us and other party that register itself in the Sellbuytime, either through the available messaging service or verbally using mobile phone.
2. Sending you email, text messages (SMS), either related to the use of Sellbuytime (operational or administration wise) or for commercial use such as marketing/advertising of the third party.
3. Evaluating and analyzing to improve the function and easiness in using the Sellbuytime.
4. Sellbuytime may contain links to other websites outside its own, therefore user acknowledges and understands that Sellbuytime shall not be held responsible for user’s information confidentiality after accessing and using those websites by leaving or being outside the Sellbuytime. Thus, information you provide through the third party is given directly to the owner and operator of that third-party website or services and subject to its terms and conditions, including privacy and data gathering and collection practices.

Information Disclosure

We will not disseminate, sell, distribute and use the personal data you have given outside the function and administration provided in the Sellbuytime, as explained hereinbefore on how your information is used through the Sellbuytime.
With exception as follows :
1. If the assets of the Sellbuytime are taken over or merged in whole and in part by third party, then the personal data held by the Sellbuytime shall be one of the assets that will be transferred or consolidated.
2. If the Sellbuytime is obliged to disclose and/or share the personal data of its users in an effort to comply with the legal obligations and/or to enforce or apply the terms of use as stated in the Terms and Conditions of the Sellbuytime Services and/or other engagements, agreements and commitments between the Sellbuytime and third party, or to protect the rights, property, or safety of the Sellbuytime, users of the Sellbuytime, or other party. Here including exchange of information with other company and organization that aimed to protect the Sellbuytime and its users including but not limited to fraud, financial losses or other risks.

Information Security

Sellbuytime has the obligation and commitment to ensure that your data or personal information are protected from any unauthorized access, however, the efforts we have done are not perfect or impenetrable information security safeguards from practice of data theft by other third party.
Confidentiality of the password is the sole responsibility of each user. The Sellbuytime is not responsible for any damages that may be caused by user negligence in maintaining the confidentiality of its password.

Cookies

Cookies are small files that will automatically take place in user’s computer to identify and monitor user’s network connection thus allowing users to access the services of the Sellbuytime website and application optimally.
Cookies are not intended to be used when accessing other information / data that user has in its devices, other than those agreed by users to be delivered.
Although the user’s computer devices will automatically accept cookies, they can specify the option to perform modification via the user's browser setting namely by choosing to reject cookies.

Copyright Policy

Sellbuytime appreciates the intellectual property rights/copyrights (hereinafter referred to as “IPR”) of other party, and we ask our users to do the same. Information contained in the Sellbuytime can be seen by anyone, but cannot always be accessed, downloaded, printed, copied, and or used. Therefore, if you are certain that there is IPR violation and infringement by users of the Sellbuytime, please contact us with the information and the supporting evidence. And hereby, we declare and represent that we shall not be liable for any violation and infringement of IPR by our users in other website, who may interact through our application. And thus, we ask you to report the violation and infringement of IPR through the respective website.

Ethical Code

User of the Sellbuytime, who both offering services or skills and needing the assistance to finish the work and job shall act professionally by upholding morality, honesty, responsibility, and shall be opened for suggestions and criticisms as well as responding to every work process with positive thinking.

Relationship with fellow member and/oe use of Sellbuytime

The users of the Sellbuytime shall prevent, keep away and not perform : Suppression or intimidation in the working process with fellow users for personal or other party benefit. Any defamation either in the form of actions or words can be interpreted as revilement, high-pitched and rough words, using obscene language among users and in the use of the Sellbuytime.
Harassment in the form of actions and words that contained despicable and provoking meaning or implication in every norm of coexistence between fellow members and users of the Sellbuytime.
Provocation that aimed to overthrow the good name and for the sake of personal or other party interest, among fellow members and users of the Sellbuytime.

Provide Accurate and Correct Information

Members of the Sellbuytime shall not be allowed to provide inaccurate and incorrect information, both in the completion of data/member profile and in processing the job received via the Sellbuytime. Members shall provide statement that the information is conveyed in good and sound condition and state of health and not under duress of other party.

Type of Job

Any member is allowed to register the skills and specialization in its field. The registered type of job and the use of it shall be to the extent permitted by applicable laws in Indonesia and also in accordance with the Terms and Conditions of the Sellbuytime.

Breach and Violation

By registering as a member of THE Sellbuytime, member has agreed and undertaken to obey and abide by the Terms and Conditions of THE Sellbuytime. Sellbuytime shall not be liable for any breach of code of ethics performed by members that implicate criminal and civil violations.

UPDATE

The Term and Condition has been updated on 18 August 2017