TERMS AND CONDITIONS
The following sets out the terms and condition for use of the GoHajj website, application and our services.
- We reserve the right to change these Terms from time to time by changing them on the App, although no such change will affect any transaction you have already made with us. Your continued use of the App and any new transactions will be bound by the new Terms. These Terms were last updated on 27 May 2017.
- As a consumer, nothing in these Terms will prevent you or stop you from being able to enforce or receive the full benefit of your legal rights provided under general Indonesia law (your "non-excludable statutory rights").
- In these Terms we use various capitalized terms (they are "defined"). This means they have special meanings, found in the next-to-last section of these Terms.
- To use the App and make any transaction, you must be 13 or over. By continuing to use the App and agreeing to these Terms you are representing to us that you are 13 and we can rely on this representation.
- The App, Contents and Services offered on the App are only directed at people who access the App and make Transactions in Indonesia or Saudi Arabia. If you choose to use the App or make a transaction outside Indonesia or Saudi Arabia, you do so at your own initiative.
- We grant you a limited license to use the App to access and use our services for your own personal and non-commercial use, provided that you comply fully with these Terms.
- We reserve the right to prevent you using the App or making Transactions, however we will honor Transactions already made, unless you have not complied with these Terms or we are unable to because of circumstances outside our control. For more on this, please read below.
ACCESS TO THE APP
- We cannot guarantee the continuous, uninterrupted or error-free operability of the App. There may be times when certain features, parts or content of the App, or the entire App, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the App, or any features, parts or content of the App.
- We may change the format and content of the App from time to time. We reserve the right to modify, change, substitute or withdraw any Events or other information on our App. You agree that your use of the App is on an 'as is' and 'as available' basis and at your sole risk.
REGISTERING A GOHAJJ ACCOUNT
Why register? To put simply, if you don't register an account, you won't be able to use some of our services. We reserve the right to decline a new registration or cancel your account at any time (including if you don't provide us with a valid e-mail address that is personal to you, or if you don't provide us with a correct name and surname).
If available in the App or online, in order to register and access your account, you will need to choose a password. It is important you keep this password confidential because you are entirely responsible if you do not maintain the confidentiality of your password to a reasonably expected standard and Transactions are made via your account. Let us know as soon as you become aware there has been a breach of security and we will suspend your account. You agree that any person who you directly or implicitly permit to use your password (implicitly, for example, because you do not log out of your account and another person uses your device to make Purchases or you write your password on a noticeboard in your home and a family member then uses it to gain access to your account) is authorized to act as your agent to use the App and make Transactions via your account. You will not be responsible to pay for Transactions made after you have notified us of a password change or that security has been compromised.
One individual user is allowed to register only one account on the App. You warrant that you will not create fraudulent accounts. You also warrant that you will not use any fraudulent activities in the App to be applied to you.
WHAT YOU ARE ALLOWED TO DO
You may only use the App for non-commercial use and only in accordance with these Terms. You may retrieve and display content from the App on a computer or mobile device screen, subject to the next section. Additional terms may also apply to certain features, parts or content of the App and, where they apply, they will be displayed before you access the relevant features, parts or content.
WHAT YOU ARE NOT ALLOWED TO DO
- Except to the extent expressly set out in these Terms, you are not allowed to:
- store pages of the App on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all or most of the pages of the App; or
- remove or change any content of the App or attempt to circumvent security or interfere with the proper working of the App or the servers on which it is hosted.
- You must only use the App and anything available from the App for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.
- All rights granted to you under these Terms will terminate immediately in the event that you have not followed your responsibilities as required by them (legally known as a "breach").
INTELLECTUAL PROPERTY RIGHTS
- All intellectual property rights (which includes rights such as copyright, and rights in trade marks) in any content of the App (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by us and/or our licensors. Except as expressly set out in these Terms, nothing in these Terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the App. If you print off, copy or store pages from the App (only as permitted by these terms and conditions), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.
- You agree that by submitting any posting, images or other content for publication on the App (Your Content), you retain any copyright you may have in Your Content, however you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and license to use, reproduce, edit, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or in part) and/or to incorporate it into other works in any form, media or technology, whether for commercial or non-commercial purposes. You waive any moral rights you may have in, or to be identified as the author, of Your Content.
- You are solely responsible for Your Content (including content you share with other sites, such as social networking sites) and we do not endorse Your Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Your Content.
The App may, from time to time, make message boards, news groups and/or other public forums (collectively Review Forums) available to you so that you can feedback on Contents or Services offered on the App and read the feedback submitted by other users of the App. We do not control the material submitted to Review Forums (collectively Postings), nor are Review Forums moderated. You are solely responsible for the content of your Postings as submitted by you and acknowledge that all Postings express the views of their respective authors, and not our views.
If you participate in any Review Forum, you must:
- keep all Postings relevant to the purpose of the Review Forum and the nature of any topic;
- not submit any Posting that is unlawful, threatening, abusive, libelous, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any person;
- not submit any Posting that contains any viruses and/or other code that has contaminating or destructive elements;
- not submit any Posting containing any form of advertising; and
- not impersonate, or misrepresent an affiliation with, any person or entity.
You agree that, by submitting any Posting, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Posting (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such Posting.
Whilst we do not screen or monitor Postings, we reserve the right, in our sole discretion, to delete, edit or modify any Posting submitted by you and/or to close any topic, at any time without notice to you.
Complaints about the content of any Posting must be sent to [email protected] and must contain details of the specific Posting giving rise to the complaint
The App may, from time to time, include links to external sites. We have included links to these sites to provide you with access to information and services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement or association with their operators.
YOUR PERSONAL INFORMATION
OUR REFUNDS POLICY
- Transactions or Donations for cannot be exchanged or refunded, except in the following circumstances:
If we discover an error in the amount of the Donations or Transactions you have made, we will use reasonable endeavors to inform you as soon as possible and allow you to either reconfirm your transaction at the correct or cancel your transaction. If you choose to cancel, you will receive a full refund from us if you've already transferred/paid. If we are unable to contact you, this will be treated as a cancellation.
- Paying refunds We will usually refund any money received from you using the same method originally used by you to pay for your purchase. You may reject a credit or refund within 30 days of receiving the credit or refund, but if you do not reject the credit or refund by notifying us within that timeframe you will be deemed to have accepted the credit or refund in full and final settlement of any and all claims, actions, demands and proceedings you may have against PT Salam Aplikasi Indonesia arising out of the transactions for which you received the credit or refund.
- Your legal rights Nothing in these Terms limits or takes away from your legal rights under general law, however please note that there is an exemption to the cancellation rights in respect of contracts for leisure service activities on specific dates under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations. As such, Transactions made via the App are generally non-cancellable and non-refundable, although you may be entitled to a refund in certain circumstances (see Our Refunds Policy).
OUR SERVICE STANDARDS
We warrant that we will exercise reasonable care and skill in performing our obligations under these Terms. Provided we have done so, we shall not be liable for errors or omissions, although we do, however, issue credits and refunds in limited circumstances (see section Our Refunds Policy). In the event of an error or omission we will use reasonable endeavors to correct any errors or omissions as soon as reasonably practicable after we become aware.
Except as expressly stated in these Terms, all warranties, conditions or other terms, whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law. This does not stop you from exercising your legal rights under general law to the extent that we cannot lawfully exclude them, or claiming any remedies you might be entitled to under general law.
- Nothing in these Terms shall limit or exclude our liability to you:
- for death or personal injury caused by our negligence;
- for fraudulent misrepresentation; or
- for any other liability that may not, under Indonesia law, be limited or excluded.
- Other than as expressly described in these Terms, PT Salam Aplikasi Indonesia does not warrant and excludes all liability in respect of, or to provide, including in respect of the quality, safety, usability or any other aspect of the Services or Contents we provide.
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that are caused by events outside our reasonable control.
- Where videos are displayed, they are intended to be purely representative of event or places. Your actual experience may vary.
SUSPENSION AND TERMINATION
- We may suspend or terminate all or part of your use of the App, your account if you use (or permit anyone other than you to use) the App, your account in breach of these Terms and we do not reasonably consider that your breach can be resolved, or if it can be resolved you have failed to resolve it to our reasonable satisfaction after we have asked you to do so and given you a reasonable opportunity to do so.
- Termination shall not prejudice any other right or remedy you or we may have in respect of accrued rights (including rights in respect of any breach) or liabilities which arose prior to termination.
- These Terms are personal to you. You may not transfer or assign any or all of your rights or obligations under these Terms to any other person without our consent.
- All notices given by you to us must be given in writing to the address set out at the end of these Terms. We may give notice to you at either the email or postal address you provide to us when placing an order.
- If we fail to enforce any of our rights, it does not result in a waiver of that right.
- If any provision of these Terms is found to be unenforceable, that provision shall be struck out and where capable all other provisions shall remain in force unaffected.
- These Terms may not be varied except with our express written consent.
- These Terms and any document expressly referred to in them constitute the entire agreement between you and us about the subject matter of these Terms and, in relation to such subject matter, supersedes and extinguishes all earlier understandings and agreements between you and us and all earlier representations by us, including any innocent or negligent misrepresentations. We do not limit our liability to you for any fraudulent misrepresentations made by us in these Terms or otherwise.
- All provisions of these Terms apply equally to and are for the benefit of PT Salam Aplikasi Indonesia, its group members and the Merchants (if any) at any relevant time and each shall have the right to enforce such provisions directly or on its own behalf (save that these Terms may be varied or rescinded without the consent of the group members and the Merchants).
- These Terms (and all non-contractual relationships between you and us) shall be governed by Indonesian law, and you agree that any dispute between you and us regarding them or any Transactions will only be dealt with by the courts in Indonesia.
- In the first instance, we request that you Contact Us if you have a complaint against us and we shall try to resolve it.
- Nothing limits your right to bring a complaint against us by applying to your nearest court in Indonesia.
"Donations" means the donation to PT Salam Aplikasi Indonesia.
By using the App, you are accepting and consenting to the practices described in this Policy.
What Salam collects
The data Salam collects from you and your use of the App may or may not be ‘personal data’ as defined under the Personal Data Protection Act 2012. In particular, Salam collects the following data from you and your use of the App:
Information you provide
We collect, process and use information, including ‘personal data’, that you provide or make available to us when accessing or using our App and Service. Examples of such information includes:
- the information you enter on the App and Service such as your location, name, birthdate, email address, passport number, address, your travel agent and its ‘pembimbing, and also your family data.
- the information corresponding to your access or use of the App and/or Service such as your searches of the Navigation (bus, hotel, meeting point, mosque, point of interest) location, the prayer requests you post or those that you have indicated to have prayed for, or modifications to any of your settings; and
- where you sign up or log in with your account on a third party site (Google account), the personal data that you have provided to the relevant third party site, to the extent allowed by your account settings with the third party site or otherwise authorized by you.
Information relating to your device and the App settings
We also receive, store and process information, including ‘personal data’, when you access or use the App, including but not limited to:
- device-specific information relating to your device for example your device brand and model, operating system version, device language, unique device identifiers (such as IMEI or IDFA), and mobile network information (such as IMSI or MNC);
- your location information including but not limited to IP addresses used to connect your device to the internet, GPS data and network services data; and
- application specific information relating to the App for example the application version number, activity on the App, whether you use the App with a smart watch, the date you installed the App onto your device and the date you last used the App.
Purposes for which Salam collects, uses and/or discloses the information
Salam collects, uses and discloses your personal data for the following purposes:
- To administer the App and Service and enabling your access and use of the App and Service;
- To maintain and administer any software updates and/or other updates and support that may be required from time to time to ensure the smooth running of the App and Service;
- To tailor your experience through the Service by displaying content according to your interests and preferences;
- To manage your relationship with Salam including informing or updating you about changes to the App and/or Service and dealing with or responding to any enquiries given by (or purported to be given by) you or on your behalf;
- To provide targeted marketing and advertisements via the App
- To enable carrier billing or billing Google Play Store;
- To conduct research, analysis and development activities (including, but not limited to, data analytics, surveys, product and service development and/or profiling), to monitor and analyse how you use the App and Service, to improve the App and Service and/or to enhance your user experience;
- To respond to legal processes or to comply generally with any applicable laws, governmental or regulatory requirements of any relevant jurisdiction (and any applicable rules, codes of practice or guidelines), including, without limitation, meeting the requirements to make disclosure under the requirements of any applicable law or assisting in law enforcement and investigations by relevant authorities; and
- For such other purposes which Salam notifies you of at the time of obtaining your consent.
Retention of Information
Your Personal Data will be retained for as long as it is necessary to fulfill the purpose for which it is collected or for business or legal purposes, or in accordance with applicable laws.
Salam makes reasonable security arrangements designed to protect, prevent loss, misuse or alteration of your personal data. However, you understand that the transmission of information via the Internet and the storing of electronic information is not completely secure. Although Salam will do its best to protect your personal data, Salam cannot guarantee the security of your data transmitted to the App or stored by us.
Withdrawal of Consent
If you withdraw your consent to any or all use of your personal data, depending on the nature of your request, Salam may not be able to provide or continue providing you with access and use to the App and Service or parts thereof, or administer any contractual relationship already in place. You understand and agree that in such instances where Salam requires your personal data to fulfil a contractual obligation to you and you withdraw your consent to collect, use or disclose the relevant personal data for those purposes, Salam cannot be held liable for breach of that agreement. Salam’s legal rights and remedies in such event are expressly reserved.
Your Privacy when accessing Third Party content and resources
Amendments to this Policy
Salam may make such amendments to this Policy as Salam may in its discretion deem fit from time to time. Salam will notify you of such amendments by posting the amendments on the App or such other method of notification as may be designated by Salam (such as via email or other forms of electronic communications), which you agree shall be sufficient notice for the purpose of this clause. If you do not agree to be bound by the amendments, you shall immediately cease all access and/or use of the App and Service. You further agree that if you continue to use and/or access the App and/or Service after being notified of such amendments to this Policy, such use and/or access shall constitute an affirmative: (i) acknowledgement by you of this Policy and its amendments; and (ii) agreement by you to give the consents set out in this Policy.
Please submit any questions you have about these Terms & Policies, an order you have placed or purchasing in general by email to [email protected].