Terms & Services FOOM
1. TERMS OF SERVICE AND FOOM POLICIES
Section A – General Terms
1. Introduction
Please read these Terms of Service carefully. By using the Service (as defined), you agree that you have read and understood the terms in these Terms of Service which are applicable to you.
2. Binding Agreement; FOOM as a platform only
2.1 These Terms of Service and the FOOM Policies (as defined) constitute a legally binding agreement between you and FOOM (as defined). The Terms of Service and the FOOM Policies apply to your use of the Service (as defined) provided by FOOM. If you do not agree to the Terms of Service and/or the FOOM Policies please do not use or continue using the Application, the Platform, the Software or the Service, or cancel your registration as the Local Partner Driver (if you are Partner) or the Consumer (if you are the Consumer).
2.2. FOOM may amend the terms in the Terms of Service and the FOOM Policies at any time. Such amendments shall be effective once they are posted on http://foom.id or the Application or relevant Platform. It is your responsibility to review the Terms of Service and the FOOM Policies regularly. Your continued use of the Service after any such amendments shall constitute your agreement to be bound by such amendments.
2.3. FOOM IS A TECHNOLOGY COMPANY WHICH PROVIDES A PLATFORM FOR CONSUMERS TO OBTAIN SOLUTIONS (AS DEFINED BELOW) PROVIDED BY PARTNER. FOOM’S ROLE IS MERELY TO LINK THE CONSUMER WITH SUCH PARTNER. FOOM IS NOT RESPONSIBLE FOR THE ACTS AND/OR OMISSIONS OF ANY PARTNER, AND ANY LIABILITY IN RELATION TO SUCH SOLUTIONS SHALL BE BORNE BY THE PARTNER. PARTNERS SHALL NOT REPRESENT TO BE AN AGENT, EMPLOYEE OR STAFF OF FOOM AND THE SOLUTIONS PROVIDED BY PARTNERS SHALL NOT BE DEEMED TO BE PROVIDED BY FOOM.
3. Definitions
In these Terms of Service, the following words shall have the meanings ascribed below:
3.1. “Application” means the relevant mobile application(s) made available by FOOM (or its licensors) for download by Consumers and/or Partner(s) as applicable or any third-party mobile application through which bookings for the Solutions can be made;
3.2. “Consumer” or “User” means any end-user who accesses or uses the Application and/or the Platform to search for and make booking of the Solutions must be 18+ and complied with the regulation;
3.3. “Consumer Charges, Other Consumer Charges and Order Fees”
3.3.1 “Consumer Charges” means charges incurred by Consumers for the Solutions provided by Partner through the use of Service, and any other fees or charges that may be due for a particular use of the Service or Solutions;
3.3.2 “Other Consumer Charges” means charges incurred by Consumers apart from Consumer Charges, including but not limited to, toll fees, taxes, Order Fees and/or Platform Fees, and other applicable fees or charges arising from the use of certain Services or Solutions;
3.3.3 “Order Fees” / “Platform Fees” means fees charged by FOOM to the Consumers for the usage of the Service and development of the Platform (including but not limited to improving the quality of the Service, updating features and/or technology, and other necessary development for the Platform related to the Service);
3.4. “Partner Service Fee” means the service fee which shall be paid by Partner to FOOM for the use of the Application, as further stipulated in Article 6.1 below;
3.5 “You” or “you” refers to Consumer and/or Partner as may be applicable;
3.6. “FOOM” or “We” means PT FOOM Lab Global, which operate the Platform and/or the Application for the facilitation of booking of on-demand services provided by the Partner.
3.7. “Affiliates” means with respect to any entity, any other entity controlling, controlled by or under common control with such entity. For the purpose of this definition, “control” (including the terms “controlling”, “controlled by” and “under common control with”) means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of voting securities, by contract or otherwise.
3.8. “FOOM Policies” means the following:
3.8.1. the Privacy Policy;
3.8.2. the Delivery Driver Code of Conduct, as may be applicable; and
3.8.3. all other forms, policies, notices, guidelines, frequently asked questions (FAQs), or agreements provided to or entered into by you from time to time;
3.9. “Personal Data” is any information which can be used to identify you or from which you are identifiable. This includes but is not limited to your name, nationality, telephone number, bank and credit card details, personal interests, email address, your image, government-issued identification numbers, biometric data, race, date of birth, marital status, religion, health information, vehicle and insurance information;
3.10. “Platform” means the relevant FOOM technology platform, portal or website that, when used in conjunction with the Application, enables Consumers to request or access Solutions;
3.11. “Platform Content” means every content provided in the Platform or part of such Platform;
3.12. “Service” means such services provided by FOOM, whether through itself or through its Affiliates;
3.12.1 to connect: (i) Consumers to the Partners; (ii) Consumers to SPI; and (iii) Delivery Driver to SPI, for the facilitation of Solutions provided by the Partner to Consumervia the Application, Platform and/or Software; and/or
3.12.2 to facilitate Partner to use Partner’s wallet.
3.13. “Software” means any software associated with the Application which is made available for download by Consumers and Partners;
3.18. “Delivery Driver” means, as applicable, You who has submitted the online or offline registration, and agree under the Terms of Service and FOOM Policies as SPI’s delivery partner, to provide on-demand delivery services;
3.19. “Merchant” means, as applicable, You who has submitted the online or offline registration, and agree to be a merchant partner of FOOM under this Terms of Service, FOOM Policies and the relevant merchant commercial agreement (including General Terms and Conditions
4. Representations, Warranties and Undertaking
4.1. By using the Service and/or Platform, you represent, warrant and undertake that:
4.1.1. You have legal capacity to agree to this Terms of Service and FOOM Policies and that you are at least eighteen (18) years old. You cannot agree to this Terms of Service and FOOM Policies and, hence, cannot use the Service, if you are below eighteen (18) years old; All the information which you provide shall be true and accurate;
4.1.2. You will only use the Application, Platform and Service for their intended and lawful purposes;
4.1.3. You will keep your account password or any identification we provide you which allows access to the Service secure and confidential. If you share the account password or any identification (including without limitation authentication code) with or otherwise disclose them to any third parties such as your partners, affiliates or employees, you agree that the third parties shall have the authority to act on your behalf (including without limitation indicate your acceptance or your consent to any additional terms as FOOM may make available to you whether via the Application or otherwise);
4.1.4. You agree to notify us immediately of any unauthorized use of your account or any other breach of security;
4.1.5. You will not try to interrupt or harm the Service, Application and/or the Software in any way;
4.1.6. You will not attempt to commercially exploit any part of the Application without our permission, including without limitation modify any of the Application’s content in any way, or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose without our permission;
4.1.7. You shall not impair or circumvent the proper operation of the network which the Service operates on;
4.1.8. You will provide us with whatever proof of identity or any other documents, permits, licenses or approvals which we may reasonably request or require to verify your authorized use of the Service;
4.1.9. You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;
4.1.10. You will not use the Application and/or the Software to cause nuisance or behave in an inappropriate or disrespectful manner towards FOOM or any third party;
4.1.11. When using the Service, you agree to comply with all laws and regulations applicable to you and/or your use of the Service;
4.1.12. You will not copy, or distribute the Software or other content without written permission from FOOM;
4.1.13. You will provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during your use of the Application and/or the Platform. You agree that FOOM may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, FOOM has the right to suspend or revoke your access to use the Application and/or the Platform at any time, with or without notice;
4.1.14. You will only use an access point or data account which you are authorized to use;
4.1.15. You agree that the Service is provided on a reasonable effort basis;
4.1.16. You agree to assist FOOM with any internal or external investigations as may be required by FOOM in complying with any prevailing laws or regulations in place;
4.1.17. You also acknowledge that FOOM does not tolerate false report or complaints with a purpose that could be suspected of bringing down the reputation of FOOM.
4.1.18. You will not utilise modified devices or applications with the intent of evading detections or facilitating any activities intended to defraud FOOM or to disrupt the natural functions of the Application and/or the Platform.
5. Compatibility
Different models or versions of routers, browsers and devices may have firmware or settings that are not compatible with the Application. While we continuously develop the Application in order to, as far as possible, support all commonly used devices and models in markets and all browsers where the Application is likely to be accessed from, we do not warrant compatibility of the Application with specific mobile devices or other hardware.
6. Personal Data
Without prejudice to the foregoing, information which you have submitted to us for your registration as a user and/or merchant on our systems, which may include your personal data as described in the Privacy Policy, may be linked to the account on the Application or in the course of carrying out Services on this Application. You hereby give your consent to such transfer and storage of information for the purposes of facilitation of your business via our systems, and to facilitate your request to use our products and services in the Application including sharing information to the Driver and/or the Delivery Service Provider and/or SPI for the purpose of providing the Services on this Application. Your use of the account and the Application may be monitored by us or a third party service provider to provide you with information on your business and Account.
You further agree that any personal data you receive via the Application shall only be used for the direct and specific purpose for which you are provided the personal data; and shall be deleted or anonymized once the personal data is no longer required to be retained for the said purpose. For the avoidance of doubt, when you are provided with personal data of a user via the Application for the purposes of obtaining prior confirmation to amend an order placed, you shall only use the personal data provided for that sole purpose and remove it as soon as you no longer need the data for that purpose.
7. Payment by Consumers
7.1 Consumers may pay for your provision of the Solution immediately upon completion of or confirmation of a booking for a Solution, as the case may be, by cashless method(s) such as by bank transfer via VA or credit card (“Card”) or e-money provider (such as, OVO) or other payment method available in the Application. All payments due to you for your services, including tips (where applicable), will be channeled to you in the agreed quantum in due course.
7.2 FOOM retains the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where you and/or the Consumer breached any of the terms in this Terms of Services and/or the FOOM Policies. In such an event, you shall not hold FOOM liable for any withholding of, delay in, suspension, forfeiture or cancellation of, any payment to you.
8. Refund and Return Policy
8.1 Order Cancellation
For each order cancellation by the customer or merchant, the value will be credited to the customer's "Foom Wallet." Customers can request a disbursement via transfer to their bank account. Fees are vary depending on the destination bank, and the SLA for disbursement is 1x24 hours.
8.2 Goods Return Policy
For products with production defects, customers must contact customer service to return the item. In cases of human error (e.g., wrong product), customers can contact customer service to arrange a product exchange with the merchant.
9. FOOM Points
9.1 With minimum spending of Rp. 200,000, customers will receive FOOM Points that can be changed into various prizes such as FOOM products.
9.2 FOOM Points that you have successfully redeemed for a Prize cannot be exchangeable for another Reward under any circumstances. No requests for exchange of Rewards will be entertained. They cannot be resold, exchanged or transferred for value under any circumstances. Prizes shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances. FOOM Points cannot be converted into cash.
9.3 FOOM may at its sole and absolute discretion reject your request to redeem FOOM Points for any reason whatsoever, including without limitation, where there are insufficient FOOM Points to redeem for the particular Prize, or where the Prize is no longer made available or out-of-stock by the third party merchant, or where the FOOM Points you wish to use for redemption of Rewards have been issued to you in error etc.
9.4 You may check your FOOM Points balance and the redemption history made in the Application or FOOM application. Your FOOM Points balance and redemptions shall serve as a conclusive evidence of the same.