Seller Terms and Conditions
The terms and conditions below must be read by the Seller/Merchant Owner before using the Application
RULES AND GENERAL CONDITIONS OF SELLERS
By using Merchant PEGILAGI and PegiFood services, the Seller hereby agrees to be subject to the terms and conditions set out by PT Pegi Lagi Indonesia (“PEGILI”) as follows:
GENERAL RULES
1.1 This Agreement is valid between the SELLER and the Seller.
PEGILAGI is an application provider that allows End Users to place food orders to the Seller.
The seller is a restaurant owner who sells food through the PEGILAGI app.
1.2 This Agreement constitutes the entire agreement between the Parties with respect to the matters promised in this Agreements and replaces all previous agreements or arrangements, invitations or provisions, whether in writing, or implied, orally or in writing.
1.3 The Seller hereby has read, understood, agreed to the Shipping Terms of Service, which may be updated by the Seller from time to time (“Service Terms”) and shall be deemed to be part of this Agreement.
TIME
This Agreement enters into force from the moment the Seller's account in the Merchant Application is active and is valid until terminated in writing by one of the Parties.
CIRCLE OF SERVICE
3.1 THE SELLER designates the Seller, and the seller agrees to be designated by the SELLer as the partner of the LINE restaurant where the SALE reserves the right to receive orders on behalf of the Saler from the End User through the PegiFood (“Service”).
3.2 Services as set out under clause 4.1 are limited to:
referring the End User to the Seller; accepting orders and payments from End Users, in accordance with the methods prescribed by the Service Provider; and forwarding payments and bookings from the End User to the Service provider in conformity with the means prescrited by the Services Provider, taking into account the amount of the Approved Service Cost.
3.3 THE COMPANY may make changes to the Service, or delay the implementation of the Services, without notice.
3.4 The Seller understands and agrees that the Seller may collect Service Charges such as Merchant Admin Cuts, Merchant Profit Sharing, Credit Card Payment Charges (and/or any charges related to the Service) by deducting directly from the amount of the food and/or beverage price ordered by the End User through the Service Application.
Current Service Cost Terms:
* Merchant Admin cut = Rs. 0,- per transaction
* Merchant profit sharing = 0 % per transaction
* Credit card payment fee = 0% of the transaction
If there is a change in the value of the Service Fee, the Service will be informed to the Seller through the Merchant App and/or via WhatsApp or email no later than 1 (one) week before the Service is applied.
A seller who does not agree to the Service Charges may disable the Merchant Application until a deal is reached.
SERVICE AUTHORIZATION
4.1 Liability of the Customer
The Seller is obliged to present on the Seller's App the food and beverage products sold by the seller through the PegiFood service, in the PEGIFood Application. In relation to the Pegiped, when an order is received by the SELLER, the SALE will communicate the order details to the Saler for the preparation of food and/or beverages. The Pegi Driver will take the orders prepared as orders to take home.
When the Payment is made in cash, then the Pegi Driver (PEGI Driver) will make the payment to the Seller first.
If the Payment is made using a Credit Card, then PEGILAGI will make the payment to the Seller in accordance with the scheduled terms and will make a reduction in the Credit Card Payment Fee if any.
If the Seller's account is a BCA Bank Account, then the transfer fee is Free.
If the Seller's account is not a BCA Bank Account, then the transfer fee will be charged in accordance with the provisions of the Indonesian bank.
The Pegi driver will deliver the message to the End User.
4.2 Seller's liability
The Seller is obliged to provide the Seller with all the information necessary to submit a Seller offer. This includes the menus, products, logos, pictures, prices and identity of the Seller's company, where for small include the name of the owner and registered address, and for corporations include the company name, registered Address, trademark, authorized signature and taxable property number (NPWP) and Company Mother's Number (NIB). The seller is obliged to verify the information provided by the seller and immediately reveal any errors or inaccuracies. The seller will promptly notify the seller of any price change. To avoid doubts, menus, products, logos, pictures, prices and identities of the Seller's company may be posted on the SELLER's App and other media (termasuk namun tidak terbatas pada twitter, facebook dan kampanye Google AdWords). In the event that the Seller does not provide image-based information related to Seller's food, beverages and/or products to be sold through the SELLER's APP, the SALE hereby authorizes the SERVICE to upload images related to the SERVICES' foods, drinks and/ or products to the COMPANY's App. The SERVICE warrants that the information displayed on the SERVICIES' App in connection with the Saler's offer complies with the legal requirements, and specifically with the information requirements for the protection of the End User.
The Seller warrants that the information provided by the Seller, including with the information uploaded by the COMPANY for the benefit and on behalf of the seller does not violate the Intellectual Property Rights of third parties.
The Seller will process the order in a reasonable manner and as soon as the order is submitted by the End User. The seller is obliged to keep the food, the beverages, the advertised to be available with his best ability.
The seller guarantees that the food and/or beverages provided and prepared, and marketed to the End User, are of good quality and decent for consumption. In the event that the Seller's food or beverage is unhealthy, corrupt, defective, or that causes the End User to be food poisoning or allergic or otherwise harmful or disappointing to the end user, the Vendor shall be personally and legally liable for such material or intangible occurrences, and shall exempt PEGI from any claims relating to such events.
For the PegiFood service, the Seller is required to notify PEGI no more than 5 minutes when the SELLER is unable to fulfil an order, so that PegI can notify the End User immediately. The Seller agrees to be subject to the products and prices provided to PEGII and as described in the PEGIs App. The seller guarantees that the food and/or beverages offered are of high quality and the place of ordering, production and preparation complies with the rules relating to the activities of the dining house and food safety. If there is a violation found by the authorities, the Seller is obliged to notify the SELLER immediately.
The Seller guarantees that the Seller controls all permissions required under applicable laws and there are no criminal proceedings, insolvency and unpaid taxes or fines in connection with its operational activities.
Seller guarantees to update the products, prices and related terms and conditions, which include: menus, logos, pictures, prices; and company identity (which for small includes the full name of the owner and official address, and for companies including the company or trade name), registered address, location data (point of interest) related to the business, including latitude and column and place of business name, business contact telephone number, business email address, trade name, authorized signer, taxable material number and Business Maternity Number (“Business Activity Data”),
(collectively, “Data”).
Any changes to the Data must be notified in writing to the Seller as soon as such changes occur. The Seller is obliged to verify the Data and other information published by the Service and must immediately inform the Service in writing if there are any errors or inaccuracies. To avoid doubts, the Data may be published in the PEGILAGI Application and other media (termasuk namun tidak terbatas pada kampanye twitter, facebook dan Google AdWords).
To pay the fee of service to the customer according to the terms of the customer. To pay a reasonable fine if the fee is not paid in due time.
PRICE OF SERVICES AND RESPONSIBILITY OF PAYMENT
5.1 Upon the provision of the Service by the Seller under this Agreement, the seller shall pay the Service Fee to the Service.
Current Service Cost Terms:
* Merchant Admin cut = Rs. 0,- per transaction
* Merchant profit sharing = 0 % per transaction
* Credit card payment fee = 0% of the transaction
If there is a change in the value of the Service Fee, the Service will be informed to the Seller through the Merchant App and/or via WhatsApp or email no later than 1 (one) Week before the Service is applied.
A seller who does not agree to the Service Charges may disable the Merchant Application until a deal is reached.
5.2. The Seller agrees to undertake all obligations to pay any and all costs and expenses related to its obligation to pay to the SELLER (including but not limited to promotions and campaigns) in accordance with the procedures specified by the SERVICER from time to time (included but not restricted to the performance of the SERVICIER making a withdrawal from your daily transactions in the SERVICE App in order to pay your obligations and/or obligations owed to the COMPANY or its affiliates), either through a SERVICE account or a payment channel designated by the COMPANIER, intended to make payment on such payment obligation of the COMPANIA.
5.3 The Seller hereby also agrees to pay and bear other fees (if any) such as administrative/transfer fees or other fees, in connection with transfers made by the SELLER or other account or payment channels designated by the seller, intended to make payment to the Seller's personal account.
5.4 The Seller hereby agrees and acknowledges that the Service Charges may be subject to adjustment from time to time through mutual agreement with the Seller.
PROPERTY AND RIGHTS
Each Party guarantees that each Party is the lawful licensee of the Intellectual Property Rights used under this Agreement and is free from any infringement of any third party's ownership or intellectual property rights and no party will claim to have equal ownership of such Intellectually Properties.
DECLARATIONS AND GARANTIES
7.1 The Parties warrant that each Party has agreed to this Agreement with full confidence in the following declarations and guarantees:
Each Party shall have the power to agree and execute and fulfil the obligations of each Party under this Agreement; this agreement shall be a valid and binding obligation and enforceable to each Party in accordance with the provisions of this Contract;
3. The performance or fulfilment by any Party of its obligations under this Agreement shall not and shall not violate (i) any law governing any Party or (ii) any agreement to which each Party is a party binding on each Party or the assets belonging to each Party;
None of the Parties shall make a dishonest commitment to any agreement binding on any Party that may materially affect and adversely affect the financial condition of any Party or the ability of each Party to fulfil any obligation under this Agreement and there shall be no action, legal action, action, investigation, litigation or arbitration pending or threatening to be carried out against any Party which may have similar or similar consequences; and Each Party shall obey and have all mandatory permissions under the law applicable to it in the jurisdiction applied to it and any person who represents and binds any Party to this agreement has been empowered to represent and bind each Party.
6. Each Party agrees to be subject to the provisions of the applicable laws in the field of taxation, including giving consent to the other party to carry out any reporting obligations to the tax authority as required or required by the regulations or tax authorities.
Each Party acknowledges that the percentage of Value Added Tax (“PPn”) is determined by the laws and regulations applicable in the field of taxation (“Tax Rules”).
Both Parties shall guarantee that the statements are true for the duration of the Agreement and shall promptly notify each Party in the event that any statements or warranties become false.
FINALIZATIONS AND STOPS
8.1 One of the Parties may terminate this Agreement in the event of a material breach by the other Party, which is if such breach is not corrected within two (2) days of notification from the non-violating Party.
8.2 One Party may terminate this Agreement by giving notice to the other Party not less than thirty (30) days before the effective date of termination as stated in such notice.
8.3 The Seller may, at any time, with or without giving written notice to the Seller, immediately terminate this Agreement or temporarily terminate the Service, if:
(a) SELLER suspects any unlawful, illegal, and/or fraudulent acts committed by the Seller and / or its employees and/ or agents;
(b) Seller repeatedly receives bad feedback from End Users or complaints regarding the fulfilment of food and/or beverage orders;
(c) the seller violates food safety and health regulations or other regulations related to the maintenance of the restaurant business; and/or
(d) Seller's account is inactive for a certain period of time.
8.4 At any time, either Party may, after giving written notice to the other Party, terminate this Agreement without delay, if the other party terminates or terminates its business, enters into bankruptcy or default or other related proceedings, or becomes subject to any law, regulation or restriction that prevents another Party from fulfilling its obligations under this agreement.
8.5 The termination of this Agreement shall not exempt or limit any Party from any obligations, liabilities or obligations arising prior to such termination.
8.6 The Parties agree to exclude the application of Article 1266 of the Indonesian Civil Code Act to the extent that it does not require a court order to terminate this Agreement.
RECOMMENDATION OF DAMAGE
9.1 Seller agrees to defend, indemnify (and retain damages) and exempt SELLER, its assets (applications, and so on) subsidiaries, Affiliates, agents, directors, officials, employees and/or recipients of its remittances, from and against any claims, losses, costs, judgments, or expenses (including reasonable attorney's fees), arising in connection with matters beyond its control, including but not limited to the quality of food and beverages as well as services provided by Seller, and also the hygiene and safety of dining homes.
9.2 Notwithstanding any other provision in this Agreement, it has been agreed that the Parties shall not be liable to the other Party for any loss of profit, reputation, business opportunity, and estimated income or for any losses or damages, side or indirect, suffered or arising from either Party.
9.3 The Company does not guarantee that the Service will be error-free, but will make reasonable efforts to resolve such problems.
CONFIDENCE
Each Party shall keep confidentiality and shall not disclose to anyone or use it, directly or indirectly, for its own or other interests (other than for the proper performance by it of its obligations under this Agreement) unless required by the authority for legal or tax purposes in accordance with the provisions of the applicable Act.
I'm in a state of affairs.
11.1 Both Parties are exempt from liability for all liabilities and delays in work as a result of the Kahar State. Kahar state is defined as any unforeseeable, unavoidable and/or out of reasonable control of the Parties, including but not limited to epidemics or pandemics (other than the epidemic/pandemic of Corona Virus Disease 2019 (Covid-19), natural disasters, war, rebellion, aggression, sabotage, mass unrest, and the existence of government regulations in financial affairs that directly affect the implementation of this Agreement.
11.2 If one of the Parties is delayed or prevented from fulfilling its obligations under this Agreement as a result of a state of affairs event, that Party shall notify the other Party in writing as soon as possible after the occurrence of such state.
11.3 If a Party, which has suffered a serious situation, fails or neglects to notify the other Party, then all losses, risks and consequences that may arise will be the burden and liability of the Party that has experienced the serious situation.
11.4 If the incident continues for a period of more than 60 (sixty) calendar days and both Parties have negotiated in good faith and have not reached a suitable settlement, then one of the Parties shall be entitled to terminate this Agreement by written notice to the other Party in this agreement.
CHANGES
The Seller reserves the right to modify or amend the general terms and conditions without the Seller's consent. However, the seller is obliged to notify such changes by e-mail and has the opportunity to object within 2 weeks from the date of receipt of such notification of change.
TRANSLATORS
The COMPANY may transfer all or part of this Agreement or its rights, interests or obligations from time to time to any of its Affiliates who are able to fulfil such obligations accordingly under these Agreements.
PROMOTION INFORMATION AND CONFIRMATIONS
14.1 All notifications, requests or other communications that are necessary or permitted to be provided or made under this Agreement shall be made in writing and submitted directly or sent by e-mail.
14.2 If there is a change to the above address, then the Party that changes the address shall notify the other Party no later than 3 (three) working days before the change takes effect.
14.3 The Seller and/or the COMPANY may undertake promotional activities to enhance the sales and / or use of the PegiFood services. In order to facilitate and streamline any communications and agreements of the Parties relating to such promotions, the parties hereby declare that any correspondence, response, and consent to promotional activity to be organized by the parties will be made only through the email format, email address and/ or telephone number of the COMPANIA as indicated below with the registered correspondence of the Seller as listed in the Terms and Conditions:
E-mail address: cs@pegilagi.com
Phone number: 021-22549575
15. APPLICABLE LAW AND SOLUTION OF DISCUSSIONS
15.1 This Agreement shall be governed and interpreted under the laws of Indonesia.
15.2 Any dispute arising out of the implementation or interpretation of this Agreement that cannot be resolved arbitrarily will eventually be settled in accordance with the rules of the Invitation Act applicable in Indonesia.
