TERMS AND CONDITIONS

The Terms and Conditions (“Terms and Conditions”) outlined below govern the use of the Platform managed by PT Aksi Visitama.
These terms may be modified at any time, without prior notice to you. Please read these Terms and Conditions carefully, as they constitute a binding agreement between you and us. By registering for and/or using the Platform, you automatically agree to these Terms and Conditions and to our Privacy Policy.
If you do not agree with any part, portion, or entirety of the Terms and Conditions, then you are not permitted to use the Platform.
  1. DEFINITIONS
    Unless otherwise specified, the following terms shall have the following meanings in these Terms and Conditions:
    1. Account means an identity created prior to your use of the Platform through one of the mechanisms described in Section B of these Terms and Conditions.
    2. You / User means a party registered to use the Platform.
    3. Goods means tangible items that can be delivered and meet the criteria for shipment by a delivery service provider.
    4. Personal Data means any data that identifies or can be used to identify, contact, or track you, alone or in combination with other information, directly or indirectly, in our electronic and/or non-electronic systems.
    5. Tada / We / Us means PT Aksi Visitama, a limited liability company established under the laws of the Republic of Indonesia.
    6. Services means the services, information, and/or functions related to the Platform that we provide and manage.
    7. Customer Service means the customer service center that we provide to you, subject to the provisions of Section P of these Terms and Conditions.
    8. Products means all items, including Goods displayed on the Platform, which may be redeemed by You in exchange for points in your possession
    9. Terms and Conditions means all terms and conditions applicable to the use of Services.
    10. Platform means a mobile application named Tada – Membership & Rewards Wallet for Memberships, which can be downloaded from the Google Play Store for Android users or from the Apple Store for iOS users. We developed this Platform to support the Services we provide, and/or any official websites we develop to support the Services ecosystem, as applicable.
  2. ACCOUNT
    1. Before you can use the Platform, you are required to register by filling out the form provided on the Platform or via WhatsApp, as applicable. This form will request information such as your full name, phone number, email address, and other details necessary to identify or verify you as a User. You must ensure that the information you provide is accurate and complete.
    2. You may delete your Account by notifying us in writing via email at [email protected] of your intention to do so. We are not responsible and shall not be held liable for any losses resulting from actions taken in accordance with this Section. The user waives any and all claims arising from the actions taken by us in this regard.
  3. POINTS
    1. Points are units of value you earn from the respective brand with which you are registered as a member of the brand’s program.
    2. The accrual, calculation, and validity period of Points you earn and that are displayed on the Platform shall be subject to the terms established by the respective brand which you are a registered member of the program.
    3. Provided that you have a sufficient balance of Points, you may redeem Points for various Products provided by us on the Platform.
    4. Any Points that you earn and hold cannot be claimed or converted into cash through us or to the brand.
    5. Point redemption transactions you have completed cannot be canceled for any reason.
  4. PRODUCT VALUE
    The Product Value is the value displayed for each Product that you can redeem with your Points. The Product Value may change at our discretion.
    Please note that the redemption of Points for Goods will incur additional charges in form of shipping and insurance fees, which will be directly deducted from your Points balance.
  5. REDEMPTION TERMS
    You are advised to always read the descriptions displayed for each Product you wish to redeem with your Points.
    Redemption Process Failure
    If you fail to complete a Points redemption in accordance with the terms and conditions for each Product, we reserve the right to cancel or suspend the delivery of the Product until the Points redemption process for the Product is fully verified and/or completed.
    Points Refunds
    1. All Points refunds will be processed through a refund mechanism to your Account.
    2. Points will be returned to your Account within a maximum period of 1×24 hours from the time the redemption is declared unsuccessful.
    3. We/the Brand reserve the right to modify the Points refund mechanism without prior notice.
  6. DELIVERY
    The delivery terms for each Product can be viewed in the description for each Product that you wish to redeem with your Points.
  7. RETURNS / REPAIRS / REPLACEMENTS
    1. All returns of Goods must be conducted in accordance with the instructions provided in this policy and the description of each Good. We are not obligated to approve a return unless all terms and conditions of this policy are fulfilled. If we approve the return, we will provide a replacement Good to your address. If the redeemed Product is a digital voucher, we will issue the replacement to your Account.
    2. Subject to paragraph (1) of this section, you must submit any complaint or claim regarding Goods within 2×24 hours of receiving the Goods, and you return Goods if:
      1. The Goods received are fundamentally different from those specified on the Platform; or
      2. The Goods received are damaged or incorrect .
    3. Replacement of Goods. Replacement of Goods will only be provided if we have approved it. If we agree to provide a replacement for the Goods or a refund of Points to you, all components of the Goods, along with the packaging and contents, must be returned or sent back to Tada promptly, at your expense.
    4. Risk of Damage or Loss. Once the Goods are handed over from the courier to you, your representative, or an authorized recipient at the specified address, office, residence, or designated location, the risk of damage or loss passes to you. We may, but are not obligated to, ensure that the courier always obtains the clear name of the recipient and the time (date/month/year) the Goods were received by the recipient.
  8. OBLIGATIONS AND PROHIBITIONS
    1. You agree to comply with any and all guidelines, notices, operating rules, policies, and instructions related to the use of the Services and/or access to the Platform, as well as any changes to these, issued by us from time to time.
    2. You agree not to:
      1. Violate any law, including but not limited to laws and regulations related to third-party rights or our rights;
      2. Use the Services to impersonate any person or entity;
      3. Remove any proprietary notices from the Platform;
      4. Cause, authorize, or permit any modification, creation of derivative works, or translation of the Services without our written consent;
      5. Use the Services for the benefit of any third party or in any manner not permitted by these Terms and Conditions and/or applicable law;
      6. Use the Services for fraudulent purposes;
      7. Attempt to decompile, reverse engineer, disassemble, or hack the Services (or any part thereof), or bypass or override any encryption or security measures implemented by us in connection with the Services and/or data transmitted, processed, or stored by us;
      8. Interfere with, manipulate, or disrupt the Services or the servers or networks connected to the Services, or other Users’ use of the Services, or fail to comply with the requirements, procedures, policies, or regulations of networks connected to the Platform;
      9. Take any action or engage in any conduct that may directly or indirectly damage, disable, overburden, or weaken the Services or the servers or networks connected to the Services;
      10. Use the Services to intentionally or unintentionally violate any applicable local, state, national, or international laws, rules, codes, directives, guidelines, policies, or regulations, including but not limited to laws and requirements (whether legally binding or not) related to anti-money laundering or terrorism;
      11. Violate our rights, including intellectual property rights and any form of intellectual property infringement;
      12. Use the Services to collect or store Personal Data about other Users in connection with prohibited conduct and activities as mentioned above.
    3. You are fully responsible for all data you upload, transmit, or make available through the Platform.
    4. You acknowledge that we and our designated parties have the right (but not the obligation), at our sole discretion, to pre-screen, reject, remove, or move any content, including but not limited to any content or information you provide on the Platform. Without limiting the foregoing, we and our designated parties reserve the right to remove any content or information that (i) violates these Terms and Conditions; (ii) results in a complaint from another User; or (iii) is subject to an intellectual property infringement notice or other legal instruction for removal.
    5. You acknowledge, authorize , and agree that we may access, store, and disclose your Account information if required by law, court order, or any government or regulatory authority with jurisdiction over us, or if such access or disclosure is reasonably necessary to: (a) comply with legal processes; (b) enforce these Terms and Conditions; (c) respond to claims that any content violates third-party rights; (d) respond to your requests for customer service; or (e) protect our rights or safety, as well as the rights or safety of our Users and/or the public.
    6. Although We endeavor to provide accurate Product descriptions and pricing, we do not guarantee that such descriptions are accurate, up-to-date, or error-free. Listed prices are subject to change at any time without reason or prior notice.
    7. We may improve , modify, temporarily suspend, discontinue, or remove any part or all of the Platform, without providing a reason or prior notice and shall not be liable if such improvement, modification, suspension, or removal prevents you from accessing all or part of the Services.
  9. REPRESENTATIONS AND WARRANTIES
    1. You hereby represent and warrant that:
      1. You are a legally competent individual to take legal action under the applicable laws in the Republic of Indonesia, particularly to give consent to these Terms and Conditions; and
      2. You are an individual who is 17 years of age or older, or are married, and are not under legal guardianship.
    2. If you do not meet the competency requirements outlined in paragraph (1) above, you represent and warrant that all actions you undertake in connection with the Services have been approved by your parent, legal guardian, or other authorized representative.
    3. You represent and warrant that all data and information you provide to us and/or our affiliates for the purpose of registration, claims processing, and any other purposes related to the legal relationship between you and us constitute valid, true, and accurate data and information, and that the provision or submission of such data and information to us does not constitute a violation of applicable laws or any third-party rights.
    4. You represent and warrant that all access, use, and utilization of the Platform that you undertake is conducted lawfully, in good faith, and does not violate applicable laws or the rights of any third party.
  10. PRIVACY POLICY
    Please read our Privacy Policy carefully to understand how we collect, use, and disclose customer information, how you can update or change your personal information, and how we communicate with you.
  11. INTELLECTUAL PROPERTY RIGHTS
    1. The intellectual property within and on the Platform and its materials is owned, licensed, or controlled by us. We reserve the right to enforce intellectual property rights to the fullest extent permitted by law.
    2. No part of the Platform, nor any material, may be reproduced, reverse-engineered, decompiled, disassembled, split, modified, distributed, republished, displayed, broadcasted, mirrored, transferred, or transmitted in any form or by any means, nor stored in any information retrieval system, or installed on any server, system, or device without our prior written permission or the permission of the relevant copyright owner.
    3. You are hereby notified that any attempt or actual violation of these provisions will result in the termination of all rights granted to you under these Terms. If You circumvent any means we employ to protect the Services from unauthorized use, you must immediately cease all use of the Services, and you agree to do so.
  12. LIMITATION OF LIABILITY
    1. Provision of Information, Communication, and Correspondence
      1. You understand that we may provide important information to you or communicate with you regarding the Services through the Platform and/or other communication channels.
      2. You understand and acknowledge that you are solely and fully responsible for:
        • promptly updating your data if you make any changes to the information registered with us;
        • always ensuring that the data you have registered with us is accurate and remains active for the purpose of providing information to You; and
        • routinely checking, reading, and reviewing the information and communications we send through the Platform and/or other communication channels.
      3. We shall not be held liable for any consequences arising from your negligence or failure to fulfill your responsibilities as outlined in paragraph (b) above.
    2. Data and Information
      1. You hereby understand and acknowledge that we are responsible for the security and confidentiality of:
        • data and/or information stored in our data storage system;
        • data and/or information we collect from you, whether through our affiliates, official representatives, or designated partners collecting your data and information on our behalf; and
        • data and/or information that we manage and oversee for you in our role as an electronic system provider.
      2. In relation to point (a) above, You acknowledge and accept sole and full responsibility for the security and confidentiality of:
        • data and/or information that is within your control and/or supervision;
        • data and/or information stored by you on any media under your supervision or a third party’s;
        • data and/or information you provide to third parties without our involvement;
        • data and/or information collected from you by third parties not on our behalf or without our request;
        • data and/or information that you have never provided to us; and
        • data and/or information that is no longer or has never been under our control or supervision.
      3. We are not responsible for any consequences arising from:
        • your negligence or failure to maintain the security and confidentiality of your data and/or information;
        • breaches of data and/or information security and confidentiality by third parties collecting and/or storing Your data and/or information not for our benefit or without our request; and/or
        • data security and confidentiality breaches not directly caused by our negligence, errors, or data security incidents on our end.
    3. Compliance with Applicable Laws
      You are fully responsible for all consequences arising from any legal violations or infringements upon the rights or interests of any party that you commit. We shall not be held liable for any consequences resulting from violations of applicable laws or third-party interests committed by you.
    4. OTP Code and PIN (if applicable)
      1. You understand that the OTP code and PIN are used to access your account and use the Services. Therefore, you are obligated to maintain the security and confidentiality of the OTP code and PIN at all times.
      2. We, our employees, representatives, official personnel , and affiliates will never request or require you to disclose or share your OTP code and/or PIN. As such, please refrain from responding to any requests from any party asking you to disclose or share your OTP code and/or PIN.
      3. You are solely and fully responsible for the security and confidentiality of your OTP code, PIN, and electronic device (phone or tablet), and for all consequences arising from any negligence, error, or carelessness in safeguarding the security and confidentiality of your OTP code, PIN, and devices.
    5. Misuse of Services
      1. We strongly urge you to exercise diligence and prudence in accessing your Account and utilizing the Services to avoid potential risks that may arise from your negligence or carelessness.
      2. You are solely responsible for the careful and prudent use of the Services to prevent risks arising from your negligence or carelessness, which may include:
        1. failure to access your Account and Services or the blocking of your Account due to your negligence or carelessness in entering the PIN;
        2. failure, error, inaccuracy , or misunderstanding resulting from your negligence or carelessness when using the Services; and/or
        3. any error or negligence during the redemption of Products.
  13. DISCLAIMER
    We strive to maintain the security, convenience, and functionality of the Services; however, we cannot guarantee continuous operation or perfect access to our Services. Information and data on the Platform may not occur in real-time.
    You agree to use the Services at your own risk, and the Services are provided to you “AS IS” and “AS AVAILABLE” basis.

    To the extent permitted by applicable laws, we (including our parent company, directors, and employees) shall not be held liable, and you agree not to hold us liable, for any damages or losses (including but not limited to the loss of money, reputation, profits, or intangible losses) arising directly or indirectly from:

    1. Your use or inability to use the Services.
    2. Prices, shipping, or other instructions available within the Services.
    3. Delays or interruptions in the Services.
    4. Negligence and losses resulting from your actions.
    5. The quality of the Goods.
    6. The delivery of Goods.
    7. Intellectual Property Rights violations.
    8. Deliveries for repair of Goods under official warranty from the manufacturer. You may bring the Goods directly to the nearest service center with the warranty card and proof of exchange (if required).
    9. Viruses or other malicious software obtained from accessing or connecting to the Services.
    10. Interruptions, bugs, errors, or any inaccuracies in the Services.
    11. Damage to your hardware from using any of the Services.
    12. Content, actions, or inaction by third parties, including those related to Products on the Platform.
    13. Any hacking activities performed by third parties on your account.
  14. INDEMNITY
    You agree to release Tada from claims for compensation and hold Tada (including its parent company, directors, and employees) harmless from any claims or demands, including reasonable legal fees, made by third parties that arise if you breach these Terms, misuse the Services, and/or violate any law or third-party rights.
  15. GOVERNING LAW
    If the Services are used within the territory of the Republic of Indonesia, these Terms and Conditions and all related actions shall be governed and interpreted by the laws of the Republic of Indonesia.
    If the Services are used within the territory of Singapore, these Terms and Conditions and all related actions shall be governed and interpreted by the laws of Singapore.
    If the Services are used within the territory of Malaysia, these Terms and Conditions and all related actions shall be governed and interpreted by the laws of Malaysia.
  16. CUSTOMER SERVICE
    If you encounter any issues in using the Platform or have questions regarding the Services, you can contact us via telephone at 1-500-340, email at [email protected], and/or WhatsApp chat at +6281315007070 during operating hours from 9:00 AM to 11:00 PM WIB.
  17. OTHER PROVISIONS
    1. If these Terms and Conditions are provided in both Indonesian and English, the English version is intended solely as a translation of the Indonesian version to facilitate understanding for those who may need it. In the event of any discrepancies between the two versions, the Indonesian version shall prevail, and the English version will be automatically adjusted to align with the Indonesian version.
    2. These Terms and Conditions may be modified and/or updated periodically without prior notice. We recommend that you carefully review this Terms and Conditions page from time to time to stay informed of any changes.
    3. By continuing to access and use the Services, you are deemed to have agreed to any modifications made to these Terms and Conditions.
    4. By agreeing to these Terms and Conditions, you are also deemed to agree to our Privacy Policy.
    5. These Terms and Conditions become effective as of 1 January 2025.