Terms and Conditions

General Terms and Conditions

Thank you for visiting the Kesiniya.com website or Kesiniya application (hereinafter referred to as the “platform”).

This platform is owned and operated by Kesiniya and its affiliates (hereinafter referred to as “We”). We advise visitors, users, or registered users (hereinafter referred to as “You”) to read these Terms and Conditions regularly including the Privacy Policy which is an integral part of these Terms and Conditions because it may affect your rights and obligations under the law.

By visiting, using, accessing and/or registering yourself on Our Platform, you are deemed to have read, understood, comprehended and agreed to all the contents contained in these Terms and Conditions (hereinafter referred to as “T&C”). If you do not agree to be bound by these T&C then you are not permitted to access and/or use Our Platform. These T&C constitute a valid and binding Agreement between you and Us.

1. Definitions

1.1 “Affiliate” means (i) any individual who represents or has authority on behalf of the other Party; (ii) any company or other entity that has control over one of the Parties; (iii) any company or other entity over which one of the Parties has control or (iv) any company or other entity that is under common control with one of the Parties.

1.2 “Booking” means that Users can make a booking for services for the available dates selected by the User.

1.3 “Kesiniya User Account” means the account registered by You and managed by Kesiniya.

1.4 “Admin Fee” means the fee that may be charged by Us, Our Affiliates and/or Our team representatives to You for Your use and/or activities in connection with the administrative activities required to obtain the services You choose on Our Platform.

1.5 “Kesiniya Service Fee” means the fee charged by Us to be able to improve system maintenance services and develop features on the Platform.

1.6 “Transaction Fee” means the fee charged for each transaction by the payment service provider.

1.7 “Payment Schedule” means the dates on which the User is obliged to complete the billing transaction according to the Billing Amount.

1.8 “Listing” means a feature on the Platform that displays content from the services provided.

1.9 “Kesiniya” means PT Bisang and its Affiliates which are the owners, managers, and/or users of the Platform.

1.10 “Billing Amount” means the total fee that you must pay for each transaction.

1.11 Kesiniya Partner is the party that provides the Promo and/or services as listed on the Kesiniya Platform.

1.12 “User” means a prospective or service user who uses the Booking feature.

1.13 “Owner” means the owner or party who owns or provides the services.

1.14 “Program” means the services provided by Us for You.

1.15 “Coupon” means a lower price offer, voucher, or promotions in any form offered by Us or Our partners.

1.16 “Our Account” means the payment system on Our Platform through payment gateway options (such as banks, fintech, etc.) provided therein and can be used by users to make payments for the Bill Amount.

1.17 “Terms & Conditions” means an agreement between You and Kesiniya containing a set of regulations governing the rights, obligations, responsibilities of You and Kesiniya, as well as the procedures for using the Kesiniya service system.

1.18 “Booking Date” the date that has been selected and/or booked by the User to come to the service provider’s place.

2. Your Account

2.1 In order to fully or partially use the features available on Our Platform, you are required to register and create an account on Our Platform.

2.2 You declare that you are a competent party and are able to bind yourself in a legally valid contract. In the event that you are not considered competent and legally valid, please access or use this Platform under the supervision of your parents or guardians.

2.3 For the purposes of this registration, We will collect and process the information you provide including but not limited to personal identity, e-mail address information, mobile phone number or other information that you must fill in on the Platform. You understand that:

2.4 You understand and agree not to use, disassemble, modify, carry out duplication activities, and/or other exploitative activities on the software or hardware system, network and/or data of the Platform.

2.5 You are prohibited from creating and/or using any hardware, software, features and/or other devices (including but not limited to emulators, robots, macros, crawlers and/or other automated devices) that aim to access or use the Platform such as but not limited to: (a) manipulating Property data/information on the listing; (b) any manipulation activity that may harm Kesiniya; (c) collecting data/information from other Users without permission (harvesting) and/or stealing other Users’ data; (d) any automation activity that may harm and/or disrupt the Platform; and/or (e) activities, attempts and/or activities that may be interpreted as manipulation. If We find any violations and/or suspected violations, We will conduct further investigations and have the right to provide and determine sanctions and/or penalties as stipulated in the User Penalty Policy here.

2.6 Kesiniya will not ask for your account username and password for any reason, therefore we urge you not to provide such data or other important data to parties claiming to be Kesiniya or other parties whose security cannot be guaranteed.

2.7 We are not responsible for any losses or obstacles arising from misuse of your account caused by your negligence, including but not limited to approving and/or providing account login access sent by Kesiniya via notification messages to other parties via your device, lending your account to other parties, accessing links or links provided by other parties, providing or showing emails to other parties, or other User negligence that results in losses or obstacles to your account.

3. Booking, Prices and Fees

3.1 Users select the services listed on the Listing according to their needs.

3.2 Complete the User’s personal data according to the form provided on the Platform.

3.3 The prices listed on the Platform are prices that are in accordance with the information on each existing content and provided by the advertiser. Prices may change and these changes are not our responsibility.

3.4 You understand and agree that if there is an error in the price of the content that can be caused by the failure to update and/or refresh the Platform due to the browser/ISP, then this is your responsibility and cannot be charged to Us.

3.5 You understand and agree that any errors in price information, payment amount, reference number, payment method options, account numbers that you enter on the Platform including other information that causes inaccuracy/inconsistency are entirely your responsibility. Errors and losses caused by your errors cannot be held accountable to Us in any form and at any time.

3.6 The Owner understands that for the use of the Program features and/or other features that We provide, a fee will be charged according to the Terms & Conditions.

3.7 The User understands that for the booking transaction that the Resident makes, an Admin Fee, Transaction Fee or Kesiniya Service Fee and/or other fees that may be charged by Us with the amount stated on your bill or invoice.

4. Promotion

We are not responsible for any form of promotion/coupon offered by the service owner. You understand and agree that the responsibility arising from the promotion/coupon carried out by the service owner is entirely the property of the service owner.

5. Payment Procedure

5.1 General Provisions

5.1.1 You are required to transact on this Platform through the procedures that We have determined and make payments using the payment method that You have previously selected and is available on this Platform.

5.1.2 Every payment made through the Platform must use Rupiah currency.

5.1.3 Every billing document (invoice) that We provide is based on the transaction that You made and issued in Your name either as a User or Owner.

5.1.4 You are required to re-check every payment that You have made with the details of the order that You made.

5.1.5 For every payment made, We will not collect taxes or levies on such payments and therefore any taxes or levies that may arise become Your obligation.

5.1.6 You fully understand and agree that all transactions made by you and parties other than Us, including transactions other than through accounts in Our name or methods that We do not provide on the Platform and/or without Our knowledge (through private facilities/networks, sending messages, special transaction arrangements outside Our Platform or other efforts) are Your personal responsibility. You agree to release and defend Us from all forms of demands, claims, lawsuits, requests for compensation in any form that may arise either from You or other parties in connection with this matter at any time and anywhere.

5.1.7 We are not responsible for fraud, loss, or loss that You experience due to payments outside Our Platform, other sites or applications or any media other than Ours, which are in Our name or if it is caused by Your own error or negligence. However, You can submit the report for Us to investigate and conduct an examination of the report You submit in accordance with Our procedures and policies.

5.1.8 We may require further information or verification of the transactions or information provided by You for validation purposes. If You choose not to submit such additional information, the order may not be completed and will be cancelled.

5.1.9 In the event of unresolved payment transaction issues due to the absence of a settlement agreement, either between the Owner and the User, by considering the available evidence, if necessary We have the right to make a decision on the issue. The decision We make is a final decision that cannot be contested and binds the Owner and the Occupant to comply with it.

5.2 Payment Terms by Users

5.2.1 You are required to make payments using the following methods including but not limited to bank transfers to the account listed on the Platform, transfers via virtual accounts, credit cards, payment gateways, or pay later provided on Our Platform.

5.2.2 You must understand that each payment method will have different steps, you are willing to complete each step for the existing payment method including providing Us with proof of payment that you have made.

5.2.3 When making a payment, the User agrees that:

5.2.3.1 legally agrees to be bound by a contract, agreement, agreement with the Owner.

5.2.3.2 has read, understood, agreed to the information, description or description of the order.

5.2.3.3 The color of the image or photo, or the position of the available facilities may differ due to the display on the monitor or the angle of the uploaded photo.

5.2.3.4 Our responsibility is only available and limited as described in these T&C.

5.2.4 You understand that We may provide a certain time limit for making payment so that your booking process on the Platform is completed. Failure to make payment within the time period without prior confirmation or notification to Us may result in automatic cancellation of the order by Us.

5.2.5 We have the right to request proof and confirmation of payment that the Resident has made to make the booking process, furthermore to ensure the security of your transaction you are obliged and willing not to submit, notify or disseminate proof of payment to parties other than Us. In the event of loss or loss due to failure to fulfill these provisions, We cannot be held responsible.

5.2.6 If there is a delay in the payment process due to the difference between the bank you use and Our official bank account, it is your responsibility.

5.2.7 You are required to make payment according to the nominal bill stated on the payment page, any losses that may be experienced due to errors.

6. Security and Information Protection

6.1 In using Our Platform, you agree not to do:

6.1.1 Activities that violate the law or public order and will not use any equipment, software, or other technology that can hinder or attempt to hinder the operation of Our Platform.

6.1.2 Conduct code cracking (reverse engineering) efforts against Our Platform, do things that aim to steal data in any way and at any time on Our Platform.

6.2 We protect your information or data under the best ownership or control that We have with reasonable security arrangements, including procedures, technical and organizational, to prevent unauthorized access, collection, use, dissemination, copying, modification, deletion or similar risks.

6.3 You are willing to give Us the right to receive, collect, store information provided when using this Platform. Such information and personal data includes but is not limited to transaction information (such as: user id,), user information (such as: name, address), non-personally identifiable information (which cannot be used to identify you) such as search preferences, general data such as internet usage. By confirming these T&Cs, you also agree that we can use the information or data we obtain through the system on the Platform anywhere for purposes related to our business such as our promotions, publishing reviews, offering services/features, or other purposes that we will notify you later.

6.4 In order to maintain the security of the Owner’s personal data, the Owner is prohibited from entering telephone numbers, personal identification numbers and/or information that we consider to be personal data on the listing. We have the full right to remove any listing that contains any information as referred to in this point.

6.5 We highly value the confidentiality of your data and information and therefore we have good intentions to give our best efforts in complying with relevant data protection regulations and requirements. You can further study the provisions for the use of your personal data and information separately which are part of the T&Cs.

7. Intellectual Property Rights and Content on the Platform

All intellectual property rights contained in the Platform are Our property, including but not limited to software, text, data, graphics, images, sound, video, trademarks, logos, icons, html code and other codes on this site or application are prohibited from being published, modified, duplicated, reproduced or changed in any way without Our written permission. You understand that We have the right to take legal action both civil and criminal against violations of these T&C.

8. Feedback and Submissions

Feedback (either in the form of comments or ratings) or submissions listed on Our Platform, are feedback and submissions that We receive from third parties such as Platform users. We do not further verify the feedback or submissions, therefore We are not responsible for the accuracy of the feedback and submissions. We further state our rejection of any form of claim request, lawsuit, request for damages, or liability in connection with the feedback and submissions displayed.

9. Report Problems

You can report to Us if in using the Platform there are problems such as: content that mentions and offends (related to ethnicity, religion, race and inter-group) and content that violates Our policies, including those related to intellectual property rights. We will investigate this further and We can take and determine steps and sanctions and/or penalties for any violations found on Our Platform. You can find out more about the penalty actions for use separately which are part of the T&C.

10. Representation and Warranties

10.1 By activating, using Our Platform, you agree to these T&Cs.

10.2 These T&Cs are considered a valid Agreement between You and Us. You are hereby deemed to have agreed to be bound by all provisions written in the T&Cs.

10.3 In the event that You use this Platform for and/or on behalf of a third party (such as a family member, friend, or company You work for), You are responsible for any errors in the accuracy of the information provided to Us. You are obliged to notify Your Affiliate in connection with the T&Cs applicable to Us. In the event of an error that results in a claim or request for compensation in any form by You or on behalf of Your Affiliate, You agree to defend and indemnify Us for the same. Furthermore, You are willing to bear and indemnify any obligations, losses, damages, demands and claims including legal costs, arising from and/or related to the violation of these T&Cs.

10.4 You will not assign or transfer Your rights or obligations in any way under these T&Cs without Our prior written consent. 10.5 At any time we have the right to carry out the Know Your Customer (KYC) process on you in accordance with the provisions set by us and/or laws and regulations in the Republic of Indonesia, and you are obliged to comply with these provisions.

11. Force Majeure

11.1 Force Majeure is a condition or event that occurs beyond our and your expectations, capabilities and power which results in the disruption of the implementation of obligations in accordance with the provisions of these T&C, including: earthquakes, hurricanes, floods, landslides, lightning strikes, fires or other natural disasters, non-natural disasters determined by the Government, war, riots, terrorism, rebellion, sabotage, embargo, general strikes, economic policies of the Government.

11.2 In the event that the implementation of the T&C rights and/or obligations under these T&C, either by one party or the other party, is obstructed, limited, or interfered with by reasons of Force Majeure (“Prevented Party”), then the Prevented Party will provide prior written notice to the other Party, to be granted an exception to perform obligations during the obstruction, limitation, and intervention, provided that the Prevented Party must use its best efforts to avoid or eliminate the cause of the inability to perform such obligations and continue to continue its obligations under these T&C as best as possible when such cause has disappeared.

12. Termination

12.1 We may terminate these T&C unilaterally and without prior notice to you. For the avoidance of doubt, termination may occur for reasons including but not limited to failure to fulfill or comply with any or all of these T&Cs, there are agreements, statements, warranties or promises in these T&Cs that turn out to be untrue, inaccurate or misleading, there are regulations and/or policies and/or administrative actions of the Government such as the withdrawal of operational permits or orders to cease business activities that cause Us to be unable to carry out its obligations under these T&Cs.

12.2 In the event of termination of these T&Cs, You may still be bound by the obligations in these T&Cs, including but not limited to warranties, indemnities, waivers and limitations of liability that You have previously agreed to.

12.3 If there is data withheld in Our possession, You agree that We may at any time reduce the withheld funds to fulfill Your obligations to Us.

12.4 You agree to waive Article 1266 of the Indonesian Civil Code to the extent that a Court statement is required for the termination of these T&Cs.

13. Updates and Links

These T&Cs may be changed and/or updated from time to time without prior notice. We recommend that you read carefully and re-check this T&C page from time to time for any changes, by continuing to access and use the Platform, you are deemed to agree to the changes in the existing T&Cs. You understand that the latest version of these T&Cs will supersede all previous versions. We may provide links to other sites or applications managed by other parties, and by clicking on such links you state, acknowledge, and agree that such action is your voluntary action to view or enter other sites that are not supervised or guaranteed by Us.

14. Governing Law and Dispute Resolution

These T&Cs will be governed by and construed in accordance with the laws of the Republic of Indonesia, without regard to conflict of laws rules. You agree that any legal action or dispute that may arise from, relate to, or be in any way connected with the site and/or these T&Cs will be resolved exclusively through the Indonesian National Arbitration Board.

15. Disclaimer and Limitation of Liability

15.1 The contents of this Platform are created and exist on an “as is” and “as available” basis. We inform and state that We do not make any guarantees or warranties regarding:

15.1.1 any function, service, product or feature on Our Platform will not be interrupted or free from errors, but any such errors and failures will be immediately corrected by Us;

15.1.2 The Platform that is available for free is free from viruses, malware, or harmful components, and/or We do not guarantee and are not responsible for the accuracy, authority, integration or quality of the content, available on the Platform is free from harmful, inappropriate, or controversial materials.

15.2 We (including but not limited to Our affiliates, directors, and employees) are not responsible and You agree not to hold Us liable for any damage or loss (including but not limited to loss of money, reputation, profits, or other intangible losses) resulting directly or indirectly from Your negligence, Your inability to use this Platform, Your disputes with other users, unauthorized payments to parties other than to official accounts in Our name or virtual accounts that We provide on the Platform or which in any way represent Us, negligence in writing accounts, other information and/or negligence of the Bank, defamation of other parties, or content, actions, or inaction of other parties, including in relation to property advertisements on the Platform that are suspected of being false.

15.3 We will not be liable for any loss or damage, whether directly or indirectly, resulting from or related to the use of this Platform or the use of links on the Platform, including but not limited to special, incidental, or consequential damages. Loss of economic benefits even if We have stated the possibility of loss or damage that may occur. The only remedy available to You is termination of use of this Platform.

15.4 The Platform that We provide is a web portal that connects you as a user with other users (in this case the Owner and User)) and every transaction that occurs is an agreement that you have made and other users so that the limitations of Our responsibilities and roles are as a Platform provider and are limited as stated in Point 16.5 below.

15.5 You further understand and agree that the limitations of Our responsibilities are:

15.5.1 provide terms and conditions on the Platform and reporting facilities on the Platform;

15.5.2 have the right to carry out a mechanism for deleting and blocking prohibited content; and

15.5.3 provide obligations and responsibilities for advertisers or in this case the Service Owner.

15.6 In the event of an action that is not in accordance with the laws and regulations, including violations (fraud), non-compliance, or non-compliance with the law (non-compliance) that occurs, then:

15.6.1 is released from and against any claims, lawsuits, demands or requests for compensation from third parties, and

15.6.2 we are required to delete and block inappropriate content and can provide the necessary information in connection with the violation and for the purposes of reporting and investigation by the authorities.

16. Replacement and Release

16.1 You understand that Kesiniya is a web portal with a marketplace model that brings together business owners with users, who provide services to Users to be able to become service providers on the Kesiniya Platform. Therefore, the transactions that occur are transactions between Users of the Kesiniya Platform, so that Users understand that the limitations of Kesiniya’s proportional liability are as a web portal service provider.

16.2 You agree to indemnify and hold Us harmless including Our Affiliates, directors, employees, officers, and partners (to the extent permitted by law), from and against any and all claims, demands, liabilities, damages or losses including legal fees, arising as a result of your own claims or third parties related to:

16.2.1 Your use of the Platform (including Our applications or sites);

16.2.2 Content provided, made available or accessed through Our Platform;

16.2.3 Any hacking action carried out by a third party to your account;

16.2.4 Losses due to unofficial payments to parties other than to our accounts or virtual accounts, or payments in any way in our name or negligence in writing accounts and/or other information and/or negligence of the bank;

16.2.5 Viruses or malicious software (such as: bots, scripts, automation tools, hacking tools) obtained by accessing or connecting to our Platform;

16.2.6 Violations by you against these T&Cs, and/or

16.2.7 Any of your actions, whether negligent, unlawful or otherwise.

16.3 If you have a dispute with one or more Users, you release Kesiniya and its Affiliates (including but not limited to: parent companies, directors, corporate partners, agents, and employees) from claims and demands for non-compliance, damages and losses (actual and implied) from anything arising from or in any way related to such disputes, including but not limited to losses arising from transactions and/or rental of property. Thus, the User voluntarily and with the intention to release all legal protection (contained in laws or other legal regulations) that will limit the scope of this release provision.

16.4 You will release and hold Kesiniya harmless from any demands, claims, damages and keep Kesiniya and its Affiliates (including but not limited to: parent companies, directors, partners, agents, and employees), including reasonable legal fees, made by third parties arising in the event that you violate these T&Cs, improper use of the Kesiniya Platform and/or your violation of the law or the rights of third parties.

17. Miscellaneous

17.1 These T&Cs may have been translated into other languages, In the event of any differences in content or interpretation or in the event of any conflict, ambiguity, inconsistency or inconsistency between the Indonesian language version and other language versions of these Terms, the Indonesian language version shall apply, be valid and binding.

17.2 The invalidity or unenforceability of a provision or part of a provision in these T&Cs shall not affect the validity of the other parts of the invalid provision and the validity of the other provisions of these T&Cs.

17.3 The title of the Article/Point in these T&Cs is based on practical considerations only and cannot be used to interpret the contents of the Article/Point in these T&Cs.

17.4 If according to Our considerations and policies it is necessary, you are willing to be contacted by Us at any time.

17.5 Furthermore, if you experience problems or just want to ask questions, you can contact Us below:

If you receive information from other than the number or email listed on this Platform that claims to be Our name, please be careful and check again.