TERMS AND CONDITIONS

Please read the terms and conditions (“Terms and Conditions”) set out below carefully before ordering any Goods or Services from this Website.
In order to use our Services, you must be 21 years old or older. If you are under 21 years old, you will need permission from your parents or legal guardians.
By accessing the Website and ordering any Goods or Services from this Website, by phone, or by our mobile applications you agree to be bound by these Terms and Conditions.

1. Introduction
PT SINAR EL (“COMPANY”) is a limited liability company incorporated and existing under the Indonesian Law, having its domicile in Talavera Office Park, 16th Floor, Jl TB Simatupang Kav. 22-26, Jakarta, Indonesia, the owner and operator of SINAREL.COM (“SITE”).
COMPANY as a Platform provider is engaged in the business of building, operating and managing an online marketplace that provides services in listing of products on SITE an Internet domain property registered under COMPANY’s name and/or iOS and Android applications.

THE PARTIES HEREBY AGREE AS FOLLOWS:

2. Definitions
2.1 “Agreement” refers to this agreement (“Terms and conditions”), the Privacy Policy, any order form, and the payment instructions provided;
2.2 “App” refers to the installable mobile application of SITE;
2.3 “Delivery” refers to any form of delivery service, which are provided by Participating Retailers or third party cooperating with SITE;
2.4 “Goods” means the consumer products which are on retail sale by the Retailer, including but not limited to groceries and daily needs for consumer use and / or consumption and which are made available through its Premises. Notwithstanding the above, SITE shall have sole and absolute discretion not to include any such identified Goods on the Platform;
2.5 “Opening Hours” means any time and day during which a Premise is open to the general public;
2.6 “Participating Retailer” or “Retailer” is a third party, which is cooperating with SITE to supply the Goods for the Services;
2.7 “Premise” is astore of the Participating Retailer who has a cooperation with SITE to provide Goods for consumers related to the Services;
2.8 “Platform” means SITE, an internet domain property registered under COMPANY’s name and any mobile or web application providing access to the same;
2.9 “Privacy Policy” means the agreement as displayed on this site, governing how we collect and store data;
2.10 “Service” or “Services” refers to which we may provide and you may request from our Website ;
2.11 “Service Fee” is shopper and delivery fee that will be charged to the Consumers in every transactions;
2.12 “We”, “us”, “our”, “SITE”, “COMPANY”, all reference to the company;
2.13 “Website” refers to SITE or any subdomain thereof on which we offer our Goods and Services;
2.14 “You”, “your”, “yours”, “Consumer”, refer to you, the person accessing this Website  to order Goods and Services from the Website  or any other way to order from SITE.

3. Ordering
3.1 By ordering the Goods through SITE’s Website  means that you order retail products from the Participating Retailer (not from SITE); SITE is just a Platform provider which provides Services for the Consumer to order the Goods. In the event of complaint from the Consumer, SITE through its customer service will communicate such complaint to the Participating Retailer and find the best solution for the Consumer.
3.2 Any information which you provide to SITE solely for the purpose of the Services, SITE warrant that the information will not be transferred, given, or informed to other third parties, other than what has been specifically set out herein or in Privacy Policy.
3.3 When ordering from this Website you may be required to provide an email address and password. You must ensure that you keep the combination of these details secure and do not provide this information to a third party.
3.4 There will be no contract of any kind between you and SITE unless and until we actually dispatch the Goods to you. Your Order is an offer to buy from us. Nothing said or done by us will be considered any acceptance of that offer until your Order has been dispatched to you. Only once the goods are dispatched, a contract will be made between SITE and you, and you will be charged accordingly for the Goods and Services provided. For avoidance of doubt, by placing an Order with SITE, you hereby agree and acknowledged that you are entering a contract with SITE only and to liaise with SITE directly on the Order, delivery service and/or refund.
3.5 We reserve the right to cancel your Order and/or deny you access to our services should any of these required information be found to be incomplete and/or invalid and/or for any reason at any time. This is done at our sole discretion and reasons need not be assigned. You fully agree and understand that your remedy as a Customer in the event of any cancellation is the refund of the amount paid by you in respect of such cancelled transaction. SITE shall not be responsible for additional compensation and you shall have no right to insist on the completion of your Order and/or delivery of the Order.
3.6 The Goods delivered are for your own use and not for resale. You warrant that you are not acting as an agent for a third party. Unless there is an official agreement between you and SITE, our Services as displayed on our Website and the App should be used for non-commercial and domestic use only. We reserve the right to refuse and/or cancel Order from businesses or that we consider are for commercial or other non-domestic purposes.
3.7 We reserve the right to set limits for quantity of items that you may order (this can refer to (i) the total amount of items in your order; and/or (ii) quantity available for purchase for each individual item published in our Website ). If the quantities of your Order exceed either of these limits, we reserve the right to amend or cancel your Order. We will endeavour to inform you in advance in the event we are unable to deliver your Order due to these limits.
3.8 You warrant that you are legally capable to order any Goods provided through the Website . You agree to give valid identity prior making an order. Further you agree to present valid identification, if requested during delivery, to prove your identity.
3.9 Any purchase of certain Goods such as cigarettes and alcoholic drinks must fulfill minimum age required by Indonesian Law, specifically 21 years old for the purchase of alcoholic drinks. We may require you to present valid identification every time you purchase such Goods and when they are delivered to you. SITE is entitled to withdraw the Goods if you could not provide valid identification and/or you do not fulfill minimum age requirement. In such condition, we will return any payment you have made in accordance with Article 6 of this Terms and Conditions.
3.10 The selling of alcoholic drinks is conducted by Participating Retailer who already owns the license to sell alcoholic drinks based on prevailing laws and regulations in Indonesia. We only act as a Platform provider and therefore we are not liable for the impact and selling of such alcoholic drinks by the Participating Retailer.
3.11 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, however in the absence of fault on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website unless it is proven otherwise.

4. Prices and Payment
4.1 You agree to provide us with the correct required information and warrant that the provided information is correct and complete during time of order. You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment.
4.2 All prices listed on the Website  based on the information from Participating Retailer are correct at the time of publication.However those prices might alter in the event of business purpose. As a platform provider, SITE will change the listed price as soon as possible due to the alteration by the Retailer.
4.3 All prices listed for delivery by a third party provider assigned by SITE listed on the Website  are correct at the time of publication.However those prices might alter in the event of business purpose. As a platform provider, SITE will change the listed price as soon as possible due to the alteration by the third party.
4.4 All prices set by SITE or Participating Retailer listed on the Website  are guide prices only and are only approximate. We reserve the right to change these prices at any time.
4.5 Your Total Bill may be varied from the guide price initially displayed on the Website  when you placed your Order. This difference of price can be due to one or more of the following reasons:

1. Weighed products – We cannot guarantee that you will get the exact weight as displayed on the Website/ App when you ordered for your items. You will be paying for the item based on the weight determined upon completion of your order’s shopping and dispatching.
2. Replacements – When the original item you ordered is unavailable at the Premises, we may instead deliver you a replacement item that you can choose to accept or decline. If you accept the replacement item, you will be charged on its full price instead of the price of your original item.
3. Changing in-store prices – Unless otherwise stated, the prices at the Participating Retailer’s Premise may vary on a daily basis and the price of the item you will be paying will be the price as stated on the Website/ App on the day you ordered. This price is stated in your Order confirmation email.
4. Technical errors – Should pricing discrepancies due to technical errors occur, we reserve the right to amend your Order and/or your Total Bill. We will endeavour to communicate with you regarding such price changes before the completion of your Order.

4.6 The total price for Goods and Service Fee, including other charges (if any), will be displayed on the Website  when you place your order at the check-out process. The price that should be paid by the Consumer shall be a price which is shown when the Consumer is at check-out process from the Website . The change of the listed price does not apply when the Consumer is at the check-out process from the Website .
4.7 You agree to authorize SITE to pay in advance the total price for Goods, at the check-out process from the store of the Participating Retailer.
4.8 Full payment must be made for all Goods dispatched and Services provided. Payment has to be made on the preferences provided by SITE in the Website .
4.9 All registered prices are subject to tax unless SITE states otherwise.
4.10 If you have chosen to pay by cash on delivery and our rider does not provide sufficient change upon finalization of your Order or if there are discrepancies in your Total Bill (i.e. you paid for an item that you did not receive), you may report the incident to us by reaching out to our customer service department. We will review your claim and at our sole discretion may choose to provide you with a voucher code worth the total sum owed to you. We will not send the rider or any other representative to your delivery address to provide you with cash.
4.11 If you choose online payment, you must provide your payment details before the order is delivered. To ensure that shopping online is secure, your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the Internet. Your credit card company may also conduct security checks to confirm it is you placing the order.
4.12 If you choose to pay by debit card, you may be charged / pre-authorized the amount billed once you complete the Order at the checkout cart on our App/Website. Upon delivery, (i) if your final amount is higher than the amount paid during checkout cart, your debit card will be charged the new final bill and the initial charged / pre-authorized amount as stated in the checkout cart will be returned to your debit card; and (ii) if your final amount is lower than the amount paid during checkout cart, the balance will be refunded in accordance with your bank’s standard practices.
4.13 We reserve the right to take all legal actions deemed necessary, including lodging police reports, should you fail to provide full payment of your Total Bill after appropriating the goods.
4.14 We do not provide physical receipts for your Order. A digital order confirmation and payment receipt (after payment made) will be emailed to you upon completion of your Order. If you require an official tax invoice, you may reach out to our customer service department.

5. Delivery Policy
5.1 Delivery periods quoted at the time of ordering are approximate only and may vary. The delivery periods selectable are 1-hour timeframes for the current and next calendar day. There will be a limited amount of deliveries in each delivery period, meaning that we cannot guarantee that you receive the delivery period you desire. Such inaccessibility of delivery periods will be indicated by the Website or the App and you may choose other accessible delivery periods.
5.2 SITE might engage third party providers to do the delivery service of Goods. We will take great care to ensure that delivery is done in the time frame selected in the Website ;
5.3 However, you may contact SITE if you have not received the Goods within the timeframe selected in the Website . SITE will facilitate the matter to find the best solution for such circumstances.
5.4 Delivery will only be available during the Opening Hours of Participating Retailers
5.5 Goods will be sent only to the address provided by you in the ‘Delivery Address’ section before completion of your payment in the checkout cart. Addresses added in either Shopper or Driver Notes or live chat will be considered as invalid and will not be eligible for any deliveries. Customers are not allowed to change delivery address after the Order is confirmed. Please note that delivery address inaccuracies and/or discrepancies may result in order cancellation.
5.6 We will deliver strictly based on the item’s quantities indicated in your checked-out cart. Any variation of the quantities mentioned via any other form of communication (including but not limited to message to shopper and/or driver notes or live chat) will be disregarded.
5.7 Our riders will only wait for fifteen (15) minutes once they arrive at your selected delivery address. If you are unable to collect your Goods and/or refuse/delay/fail to respond to our communications regarding Goods collection within this time-frame, the Order will be classified as a ‘failed delivery’ and the rider will return to the Premises with all the items.
5.8 At your request to complete the delivery procedure due to your absence whereby leaving the Goods at your doorsteps, lobby, guardhouse or designated recipient;
5.9 With your express consent, you may request our rider to deliver your Goods to the particular floor of your delivery address or into your kitchen or living space at your own risk.
5.10 In certain case of late delivery, SITE, at our own discretion, may void the Service Fee to the Consumer.
5.11 For avoidance of doubt, SITE is only acting as an online platform provider. The Participating Retailer is responsible for any Goods offered or sold in SITE. SITE will facilitate any complaint filed by you and further communicate it to the respective Participating Retailer.
5.12 If you fail to accept delivery of the Goods delivered to you, during the time of delivery, or if we are unable to deliver at the nominated time due to your failure to provide sufficient and appropriate instructions, then such goods shall be deemed delivered to you and all risk and responsibility in relation to such Goods shall pass to you. Any storage,insurance and any other cost or expense that we incur as a result of the inability to deliver due to your failure shall be your responsibility and you shall provide any necessary compensation to SITE if any. However, such condition will not apply when you already contact SITE through e-mail, phone, or customer service.
5.13 You must ensure that at the time of Delivery of Goods adequate arrangements, including access where necessary, are in place for the safe delivery of such goods. We cannot be held liable for any damage, cost or expense incurred to such goods or premises where this arises as a result of a failure to provide adequate access or arrangements for delivery.
5.14 Participating Retailers and/or SITE shall not be held liable regardless of any losses, liabilities, costs, damages, charges or expenses arising out of late delivery unless it is proven that the late delivery was caused by the fault of Participating Retailers and/or SITE.
5.15 For the purposes as described in Article 5 herein, you understand and agree that SITE may provide your delivery address to third party as our logistic partner to perform the delivery of Goods.

6. Rejection & Cancellation
6.1 You understand that during your order, the Goods may not be available due to any reason from the Participating Retailers. In such case, SITE will notify this unavailability to you through our shopper by SMS or call, or customer service by e-mail and return any payment that you have made within 7 working days after transaction depending on your method of payment.
6.2 Once SITE shopper has started shopping, for technical reasons, you cannot cancel an order.
6.3 We allow you to reject the following category of Goods within the specific time:

1. Perishable Goods and Semi Perishable Goods (example fish, vegetables, dairy products, fruits, bread, onion, potato, pies, cake etc.) – at the time of delivery;
2. Non Perishable Goods (example canned products, dry goods, toilet paper, detergent, household products etc) – at the time of delivery OR within three (3) working days from the delivery date of the Goods.

6.4 If you are dissatisfied with the items delivered or are unable to receive the items you ordered, we will not proceed with a redelivery of your desired items or aid you in exchanging your items free of charge. In such cases, you may proceed with making a separate order that includes your desired items.
6.5 In the unlikely event that after completion of delivery, you find products that are deemed unacceptable by you, you have the right to submit an item rejection complaint, providing reasons why the product(s) are not acceptable to our customer service within three (3) working days from the date of Delivery. Any request for refund made after three (3) working days shall be invalid and shall not be processed by SITE. If your refund request is approved, we shall notify you on the date and time that our rider will collect the rejected items from you without any charges. The refund will only be processed after the rejected items have successfully been collected by SITE.

7. Refund policy
7.1 SITE and Participating Retailer will provide sufficient information, description of each products accurately, yet in the unlikely event that you receive products that are not deemed acceptable by you, you have the right to reject said item at the door, providing a reason why the product is not acceptable. If you wish to submit a rejection after having received your order, you have 24 hours to raise a refund request, providing reason why the product is not acceptable and a picture of it in support. We will review your claim and if your refund is approved we will return the cost of the item to you within 5 working days after transaction depending on your method of payment.
7.2 We reserve the rights to request from you proof of damaged, substandard or missing Goods (photograph). Refunds will be made at our sole discretion and will only be processed upon our review and successful verification of proof and/or collection of the item(s) from you by our rider. We will provide status update on the refund to you via email as soon as practical.
7.3 We are not responsible for any unnoticeable or unrecognizable harm in selected products. Your selection of supermarket or specialty store has the responsibility to maintain their product quality standard and responsible for any harm that results from lack of the mentioned responsibility.
7.4 We will notify you via email on the approval of refund and you are advised to check with your issuer bank on the status of refund (each issuer bank will have different time period to reflect the refund sum in the bank account/ statement).
7.5 If for any other reason you are not satisfied with the service we provide, you can rate the service through the Website .

8. Information
8.1 Only one (1) SITE account is allowed for each registered phone number. Additional accounts may be allowed at our discretion.
8.2 SITE has absolute discretion and rights to refuse registration of any account and to terminate the registration of any account for any reason whatsoever.
8.3 Where we have requested information from you to ensure Delivery, you agree to provide accurate and complete information.
8.4 You agree to authorize us to use, store or otherwise process your personal information in order to provide the Delivery, Goods or Services to you and for marketing and credit control purposes (the “Purpose”). The Purpose may include the disclosure of your personal information to selected third parties from time to time where we believe that the services offered by such third parties may be of interest to you or where this is required by law or in order to provide the Food Delivery, Goods or Service to you. More information can be found in our Privacy Policy.
8.5 You agree to authorize us to use, store or otherwise process your personal information in order to prevent any fraud in transactions and using the services. This may include the disclosure of your personal information to selected third parties from time to time where we believe that the services offered by such third parties may be of interest to you and SITE in providing our services.
8.6 We consider the following actions as wrongful use of SITE account, including but not limited to:

1. Usage of account for any illegal activities in accordance to the laws of Indonesia; and/or
2. Usage of account for commercial or non-domestic purposes; and/or
3. Usage of multiple SITE accounts for purchases related to SITE promotions; and/or
4. Creation of account on behalf of another person or entity without their authorization.

8.7 In the event that: (i) our systems detect multiple accounts being linked to your phone number; (ii) wrongful use of SITE accounts as detailed in clause 8.6; (iii) payment methods that we deem suspicious; (iv) multiple instances of payment failure; or (v) any of the information given is incomplete, invalid, false or wrongful, we reserve the right to:

1. Cancel any of your current or future Order;
2. Immediately terminate your access to our Services without further reference to you;
3. Suspend your SITE account and/or payment accounts indefinitely; and
4. Immediately cease all further communication with you.

8.8 We shall not be held liable to you for any losses (monetary or otherwise), liabilities, costs, damages, charges or expenses arising out of the actions or consequences stated in clause 8.7.
8.9 We will delete and / or destruct your SITE account and / or other your personal data inside our platform(s) with the condition of you requesting us to do so. We may require a formal request by email from you to our customer service department to facilitate your request of account and / or personal data deletion and / or destruction.

9. Complaints
9.1 We strive to ensure that all our employees, partners, business affiliates, Independent Contractor and/or Participating Retailers (“Team”) are treated with dignity and respect. If we have reasonable belief that you are involved in behaviours or actions towards our Team that we deem unacceptable (including but not limited to rude, abusive or aggressive manners of communication and threats to their physical state, property or reputation), we reserve the right to immediately cancel all of your current and future orders, terminate all communication with you and prohibit you from our services.
9.2 If we receive from you continuous and/or multiple requests that we deem unreasonable (i.e. requests for extension of promotion periods or demands for refunds without provision of proof), we reserve the right to terminate your SITE account and deny you access to our services.
9.3 We take our customers’ complaints very seriously and aim at responding to your complaints as soon as reasonably possible. All complaints should be addressed to our customer service at support.indonesia@SITE.com

10. Limitation of Liability
10.1 We try very hard to ensure that the information on this Website  is correct and error free at all times. Despite our best efforts, we cannot warrant that the Website  will always be error free and that use of it will be fit for purpose, timely and that defects will be corrected, and that that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
10.2 Goods image as seen on the Website  may slightly differ from the actual Goods that you receive. SITE shall not be liable to you for any loss, damage, injury or expense, howsoever arising, out of or in connection with the use of the Products.
10.3 By accepting these terms of use you agree to relieve us from any liability whatsoever arising from your use of information from any third party, or your consumption of any Goods from Participating Retailers.
10.4 We disclaim any and all liability to you for the supply of the Delivery, Goods and Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Goods or Services. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits to you, howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.
10.5 To the extent allowed under the prevailing laws and regulations, we do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to customer’s computer system via our Website .
10.6 Neither SITE, the Independent Contractor nor the Participating Retailer shall be held liable for any losses, liabilities, costs, damages charges or expenses arising out of any delay, postponed or cancelled delivery. If the Goods are not delivered within the selected timeframe (except weather condition), or for any other inquiry regarding delivery, please contact our customer service department, as indicated by the Website .
10.7 If we have contracted to provide identical or similar order to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which orders we will fill and to what extent. However, we will give prior notification to whom the order will not be fulfilled and you have the right for the refund policy as stated in Section 7.
10.8 The products sold by us are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website  or for any products or services purchased from us.
10.9 We have taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
10.10 In the event we have a reasonable belief that there exists an abuse of vouchers and/or discount codes or in suspected instances of fraud, SITE may cause the shopper (or customer) to be blocked immediately and reserves the right to refuse future service. Additionally, should there exist an abuse of vouchers or discount codes, we reserve the right to seek compensation from any and all violators.
10.11 Offers are subject to our discretion and may be withdrawn at any time and with prior notice to the prospective Consumer.

11. General
11.1 All prices are in Indonesian Rupiah (IDR); Applicable taxes are included where indicated.
11.2 We may subcontract any part or parts of the Services or Goods that we provide to you from time to time.
11.3 We will publish any material or substantive amendment of the Terms and Conditions in the Website , and you shall carefully read such amendment. If you continue to use and access the Website  after any posted amended version of the Terms and Conditions will be considered as your acceptance of the amended Terms and Conditions.
11.4 Any objections toward the amended Terms and Conditions shall be delivered to SITE within 7 (seven) days after such amendment is published in the Website .
11.5 A breach or violation by you of any of our Terms and Conditions will result in the immediate termination of provision of services to you without further reference to you.
11.6 In the event we have a reasonable belief that there exists an abuse of vouchers and/or promo codes or in suspected instances of fraud, SITE may cause the shopper (or Customer) to be blocked immediately and reserves the right to refuse future service. Additionally, should there exist an abuse of vouchers or discount codes, we reserve the right to seek compensation from any and all violators.
11.7 You are not allowed to use or launch any automated system or program in connection with our Website  or its online ordering functionality.
11.8 You may not collect or harvest any personally identifiable information from the Website , use communication systems provided by the Website  for any commercial solicitation purposes, solicit for any reason whatsoever any users of the Website  with respect to their submissions to the Website , or publish or distribute any vouchers or codes in connection with the website, or scrape or hack the Website .
11.9 The Terms and Conditions together with the Privacy Policy, any order form and payment instructions constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between these Terms and Conditions and any other terms or provision on the Website  except for privacy matters, these Terms and Conditions shall prevail.
11.10 If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
11.11 These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of Indonesia. The parties hereto submit to the exclusive jurisdiction of the District Court of South Jakarta .
11.12 No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
11.13 These Terms and Conditions and a contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Indonesian Laws. Both we and you hereby submit to the non-exclusive jurisdiction of the District Court of South Jakarta. All dealings, correspondence and contacts between us shall be made or conducted in the Indonesian language.