Privacy Policy

LUMBUNG PRIORITAS APPLICATION TERMS OF USE
As of 18 February 2022

Welcome to Application of Lumbung Prioritas (the “Application”), wherein users of Application (the “User”) may participate in membership program by collecting benefits in the Application (“Lumbung Loyalty Program”). Lumbung Prioritas wishes to provide User with the best Services through the Application, and hopes that by using the Application, User may discover a simple way to obtain transactions status in Lumbung Group conveniently and comfortably.

About the Application

PT Lumbung Harapan Indonesia (“Lumbung Prioritas”, or “We”) provides the Application by referring to the Terms and Conditions as stipulated below. Before using the Application, the User is suggested to read carefully and to accept this Terms and Conditions and Privacy Policy since they may affect User’s rights and obligations according to the prevailing laws and regulations.

By registering and/or using the Application, the User is considered to have read, understood, comprehended, and approved all the contents of the Lumbung Prioritas Application Terms of Use and agree to additional Lumbung Prioritas Application Terms of Use that are integral part of this Lumbung Prioritas Application Terms of Use (hereinafter, Lumbung Prioritas Application Terms of Use, additional Lumbung Prioritas Application Terms of Use are collectively referred to as the “Terms and Conditions”). Notwithstanding the inseparability, the additional Terms and Conditions supersedes the Terms and Conditions in case of any discrepancies among them.

This Terms and Conditions is effective on the date stated in the Terms and Conditions. Lumbung Prioritas may change, add, remove, revise and/or update this Terms and Conditions at any time by posting the revised Terms and Conditions in the Application, where if there is a material change, Lumbung Prioritas will change the date at the top of this Terms and Conditions; and the User hereby waives any rights that the User may have to receive specific notices of such changes or modifications. Therefore, Lumbung Prioritas advises the User to review this Terms and Conditions page from time to time to see if there are any changes thereto. Such changes are effective immediately upon posted in this Terms and Conditions page and the User’s continued use of the Application after such changes are posted constitutes acceptance of the User to the revised Terms and Conditions.

PLEASE READ THIS TERMS AND CONDITIONS CAREFULLY. BY ACCESSING, USING THE LUMBUNG PRIORITAS APPLICATION, OPENING AN ACCOUNT, OR PARTICIPATING IN A LUMBUNG PRIORITAS PROGRAM, THE USER AGREES TO ACCEPT AND BE BOUND BY THIS TERMS AND CONDITIONS. IF USER DISAGREES WITH ONE, PART OR ALL OF THIS TERMS AND CONDITIONS AND/OR THE PRIVACY POLICY, PLEASE DO NOT USE THE APPLICATION, OPEN AN ACCOUNT, OR PARTICIPATE IN A Lumbung Prioritas PROGRAM WITHIN THE APPLICATION.

Account, Password and Security

1.
The User hereby declares that the User is a capable person who can bind themselves in a legally valid agreement. If the User does not meet those conditions but still access or use the Application, Services or Payment Method, the User represents and warrants that the User’s act of signing up, accessing or conducting other activities within the Application have been approved by the User’s parents, guardians or custodian. The User expressly waive any rights under the prevailing laws to cancel or revoke any and all consents the User provided according to this Terms and Conditions when the User is deemed legally mature.

2.
Lumbung Prioritas does not ask User for any registration fees whatsoever.

3.
User who has registered has the right to act as buyer of Lumbung Brands products.

4.
Registration is done using mobile phone number and e-mail along with one-time password (OTP) that will be sent to the registered mobile phone number and e-mail.

5.
Data on personal attributes such as gender is not mandatory and shall be used for internal promotion purposes only.

6.
User’s Account can only be used by the User and cannot be transferred to other people for any reason. Lumbung Prioritas reserves the right to refuse for facilitating orders if Lumbung Prioritas knows or has sufficient reasons to suspect that the User has transferred or allowed User’s Account to be used by someone else.

7.
Lumbung Prioritas, without prior notice to the User, has the authority to take any necessary action for every suspicion of violation of the Terms and Conditions and/or Privacy Policy and/or prevailing laws, i.e. suspension and/or deletion of User’s Account.

8.
In using the Application and/or Services, User is prohibited from doing the following:

(a)
creating and/or using devices, software, features, and/or other tools meant to manipulate the Application’s system, including but not limited to: (i) manipulation of Application data; (ii) crawling/scraping; (iii) transaction automation; (iv) any other activity that may be reasonably perceived as a manipulation of the system;

(b)
abusing or using the Application, Services, or Payment Method for fraudulent purposes, causing inconvenience to others, requesting fake orders or other actions that may or be deemed to cause losses in any form toward other people;

(c)
deleting any copyright, trademark or other ownership notices contained in the Application (if any); and

(d)
using and/or unauthorized accessing to the Application to damage, weaken or harm any aspects of the Application, Services or related systems and networks.

9.
User is personally responsible for keeping the confidentiality of his/her Account in terms of all activities that happens in the User’s Account.

10.
Lumbung Prioritas shall never ask the username, text message (SMS) verification code, or OTP code of the User’s Account for any reason whatsoever. Therefore, Lumbung Prioritas requests User to not provide such data or other important data to anyone who claims to be Lumbung Prioritas or any other party whose security cannot be guaranteed.

11.
User agrees to procure that User shall inform Lumbung Prioritas of any unlawful use of the User’s password or Account. Lumbung Prioritas will take actions that Lumbung Prioritas considers necessary and may do toward that unauthorized use.

12.
User hereby declares that Lumbung Prioritas, its parent company, subsidiaries, affiliates, directors and/or employees are not responsible for the loss or problem that occurs from the misuse of User’s Account caused by User’s negligence, including but not limited to, lending or providing access of Account to other parties, accessing links provided by other parties, providing or showing one-time password (OTP), password or e-mail to other parties, or other negligence of User which results to loss or obstacle in the User’s Account. In such cases, Lumbung Prioritas assumes any use or order made through the User’s Account as legitimate request from the User.

13.
User understands and agrees to use the security facility of one-time password (OTP) and any costs or fees from the relevant telecommunication service provider for such purpose shall be fully borne by Lumbung Prioritas.

New User

“New User” is a User who registers a mobile phone number and e-mail address that was previously never registered in the Application, and who uses electronic devices that are previously never used to register any mobile phone number and e-mail address whatsoever in the Application. All promotions performed by Lumbung Prioritas concerning the New User shall follow that definition.

The privacy of User is very important for Lumbung Prioritas. By using the Application or providing information in the Application, the User agrees that Lumbung Prioritas may collect, use, disclose, and/or process User’s personal information or personal data. Collection, storing, processing, use and sharing of User’s personal information, such as name, e-mail address, and mobile phone number User provided when opening an Account are subject to the Privacy Policy, which is an integral part of this Terms and Conditions.

Account Deactivation

User may deactivate the User’s Account at any time. Despite such deactivation, User remains responsible and has obligations for every incomplete transaction (whether such transaction starts before or after such deactivation), payment for products, or similar, and User must contact Lumbung Prioritas after the User immediately and effectively perform and complete all incomplete transactions. Lumbung Prioritas, its parent company, subsidiaries, affiliates, directors and/or employees are not responsible, and shall not be responsible, for all damages that occurs due to an action taken in accordance with this paragraph. User waives each of and all claims based on such action taken by Lumbung Prioritas, its parent company, subsidiaries, affiliates, directors and/or employees.

If the User deactivates the User’s Account, Lumbung Prioritas reserves the right to determine and impose consequences for the deactivated Account, including but not limited to, the following matters:

1.
All promotions, benefits, rewards, achievements, membership levels (including Lumbung Points and Lumbung Loyalty) that have been obtained by the User prior to the Account deactivation date will be removed, become invalid and non-refundable, unless determined otherwise at the sole discretion of Lumbung Prioritas; and/or

2.
User can reactivate an Account which has been previously deactivated. However, Lumbung Prioritas reserves the right and sole discretion to determine whether the User who reactivates the Account is considered as a “New User” and is entitled to promotions and benefits from the Services as the New User.

Promos

Changes in product prices or delivery fees relating to promos performed by Lumbung Prioritas shall follow the terms and conditions of the ongoing Promos.

Rights Granted by User to Lumbung Prioritas

User shall provide Lumbung Prioritas with the rights to: (1) allow Lumbung Prioritas’s Services to use the processor, bandwidth, and storage hardware in the User’s devices to convenience the operation of such Services, (2) provide advertisements and other information to the User, and (3) allow Lumbung Prioritas’s business partners to perform the same things. Any part of the Lumbung Prioritas’s Services content accessed by the User, including selection and placement, may be affected by commercial considerations, including agreements made by Lumbung Prioritas with third parties.

If the User provides inputs, ideas, or suggestions to Lumbung Prioritas relating to Lumbung Prioritas’s Services or content (the “Input”), the User shall acknowledge that the Input is not confidential, and the User grants authority to Lumbung Prioritas to use such Input without limitations and without payment to the User. Input shall be considered as a type of User’s content.

Disclaimer of Warranty and Limitation of Liability

IN ANY CASE, Lumbung Prioritas, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, REPLACEMENTS, HEIRS, OR SUPPLIERS SHALL NOT BE RESPONSIBLE FOR:

1.
LOSSES OR DAMAGES (INCLUDING INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR DETERRENT REIMBURSEMENT) THAT ARE UNPREDICT-ABLE, OTHER THAN LOSSES OR DAMAGES WHICH ARE PREDICTABLE, UNLESS EXPECTED AND CLEAR LOSSES OR DAMAGES OCCURS WHICH ARE THE NEGLIGANCE OF Lumbung Prioritas;

2.
EVERY:

(A)
LOSS OF USE;

(B)
LOSS OF DATA;

(C)
LOSS OF BUSINESS;

(D)
LOSS OF PROFIT; OR

(E)
DAMAGES IN SERVICES,

AS LONG AS THE USER MIGHT HAVE AVOIDED THE SAME BY FOLLOWING SUGGESTIONS FROM LUMBUNG PRIORITAS TO IMPLEMENT UPDATES TO THE APPLICATION OR CONTENT, OR IF THE DAMAGES ARE CAUSED BY THE USER FAILING TO FOLLOW INSTALLATION INSTRUCTIONS PROPERLY OR DOES NOT HAVE THE MINIMUM SYSTEM REQUIREMENT SUGGESTED BY LUMBUNG PRIORITAS.

IN ALL CASES THAT OCCURS FROM THE USE OR INABILITY OF USING THE LUMBUNG PRIORITAS APPLICATION, DEVICES, THIRD PARTY APPLICATION, OR THIRD PARTY APPLICATION CONTENT, WITHOUT LEGAL THEORIES, WITHOUT CARING WHETHER OR NOT LUMBUNG PRIORITAS WAS INFORMED ABOUT THE POSSIBILITY OF SUCH A DAMAGE OCCURRING, OR EVEN IF RECOVERY EFFORTS FAILED TO ACHIEVE ITS PRIMARY PURPOSE;

3.
FAILURE TO PERFORM OR INSUFFICIENCY OF PERFORMANCE OR DELAY OF THE OBLIGATIONS THAT ARISE FROM THE AGREEMENT CAUSED BY EXIGENT CONDITIONS THAT CANNOT BE REASONABLE PREDICTED OR IS BEYOND REASONABLE CONTROL OF LUMBUNG PRIORITAS.

There is no provision in this Terms and Conditions which eliminates or limits the responsibility of Lumbung Prioritas for fraud, errors of interpretation, death, or injury caused by negligence, and if mandatory according to prevaling laws and regulations, serious negligance.

THIS ARTICLE SHALL APPLY AS LONG AS IT IS ALLOWED BY PREVAILING LAWS AND REGULATIONS. THE USER MAY HAVE RIGHTS ACCORDING TO PREVAILING LAWS AND REGULATIONS IN THE USER’S JURISDICTION THAT STIPULATES RECOVERY EFFORTS OTHER THAN THE ONES ALREADY STIPULATED ABOVE.

Lumbung Prioritas always uses its best effort to keep Lumbung Prioritas’s Services safe, convenient, comfortable, and and well-functioning. However, Lumbung Prioritas cannot warranty constant operation, or that access to Lumbung Prioritas’s Services may always be perfect. Information and data on the website and/or Application may not occur in real time.

User agrees that User uses Lumbung Prioritas’s Services at his/her own risk, and that Lumbung Prioritas’s Services are provided to the User in “AS IS” and “AS AVAILABLE”, and as far as allowed by prevailing laws, Lumbung Prioritas shall exclude all representations, warranties, and provisions relating to the Application or Services and their use (including, without limitation, any warranty implied by the law in relation to satisfactory quality, suitability for purpose, and/or use of reasonable care and skill).

Lumbung Prioritas does not own any responsibility, including to take further actions or legal actions deemed necessary by the User, for any problem or dispute arises between the User and the Shipping Party, Payment Method Provider or other third party in relation to the Services.

To the extent permitted by prevailing laws, Lumbung Prioritas (including its parent company, subsidiaries, affiliates, directors, and employee) is not liable, and the User agrees to not hold Lumbung Prioritas, its parent company, subsidiaries, affiliates, directors and employees liable, for any damages or losses (including but not limited to the loss of money, reputation, profit, or other intangible losses) that are directly or indirectly caused by:

1.
User’s use or User’s inability to use Lumbung Prioritas’s Services.

2.
The product price, delivery fees, or any other indications available in Lumbung Prioritas’s Services.

3.
Delay or obstruction in Lumbung Prioritas’s Services.

4.
Negligance and losses caused by each of the User.

5.
Delivery of goods by the Shipping Party

6.
Violation of intellectual property right.

7.
Disputes between User.

8.
The smearing of reputation of other parties.

9.
Every misuse of the goods purchased by the User.

10.
Loss due to unofficial payments to other parties other than to the Lumbung Prioritas’s official account, which in any way claims to be Lumbung Prioritas, or negligence in writing of bank account and/or other information, and/or egligence of the bank.

11.
Virus or other dangerous software (bot, script, automation tool other than power merchant features, hacking tools) obtained by accessing, or connecting to Lumbung Prioritas’s Services.

12.
Obstructions, bugs, errors, or any inaccuracies in Lumbung Prioritas’s Services.

13.
Damages in User’s hardware by using any Lumbung Prioritas’s Services.

14.
Content, action, or lack of action from third party, including related to the products in Lumbung Prioritas Application which was allegedly fake.

15.
Enforcement actions taken in relation to the User’s Account.

16.
Hacking actions performed by third parties to the User’s Account.

Indemnity

User shall release and discharge Lumbung Prioritas, its parent company, subsidiaries, affiliates, directors and employees from damage, claims and shall protect Lumbung Prioritas, its parent company, subsidiaries, affiliates, directors and employees from every claim or charge, including reasonable legal costs, performed by third party that arises if the User violates this Terms and Conditions and/or Privacy Policy, use improper application, and/or violate the laws and regulations or the rights of third parties.

Assistance

All problems related to the use of the Lumbung Prioritas Application along with information about it can refer to the “Help” tab in the “Me” section.

Intellectual Property Right

Subject to this Terms and Conditions, Lumbung Prioritas reserves the right to change, modify, suspend, or stop the Application or Services or part of it, at any time and for any reason whatsoever. User is prohibited from imitating or framing part or all content of the Application, and from changing or modifying the Application, or creating other versions of the Application, with the aim of creating similar competing products or services by using ideas, features, functions or graphics similar to the Application. All content ownership, trademark, trademark Services, trademark name, logo, and other intellectual properties displayed on the Application are registered under the name of Lumbung Prioritas, its affiliates or sublicense. User may not re-publish, sell, lease or sub-license, reproduce, use, or copy any materials whatsoever from the Application, or to re-distribute content from Lumbung Prioritas or its affilates (except for content specifically made for re-distribution).

Lumbung Prioritas reserves the right to update the Application anytime. Currently, the official Application software may be downloaded in Android and iOS, subject to the change of requirements for both systems and for use on mobile phones and tablet devices only. Downloading the Application from platforms other than official digital markets and/or to devices other than mobile phones or tablets is a violation of this Terms and Conditions and of Lumbung Prioritas intellectual property rights. Lumbung Prioritas suggests that User always updates the Application from time to time. There is a possibility that the Application becomes incompatible with the Android and iOS version installed by the User in their devices. Therefore, the User must always receive updates for the Application when available. Lumbung Prioritas might stop providing Services through the Application and may stop its use at any time without providing any termination notice to the User. Therefore, after such termination, all rights and licenses provided to the User in this Terms and Conditions (if any) shall terminate, and User must stop using the Application and delete it from their devices.

This Terms and Conditions does not constitute a transfer agreement and does not give the User any ownership rights in or related to the Services, software and/or Application, or any intellectual property rights owned by Lumbung Prioritas, its and/or sublicense. Lumbung Prioritas’s name, logo, Services, software and/or Application and the Shipping Party’s logo and product names associated with the software and/or Application are trademarks of Lumbung Prioritas, its affiliates or third parties, and no rights or licenses granted to use them.

Miscellaneous

To provide good Lumbung Prioritas’s Services to the User, the Application shall require registration for an account (the “Account”), which shall be made by selecting unique User’s identification and password and by providing User’s personal information. User may use User’s Account to perform orders and purchases of Lumbung Brands products and to collect Lumbung Points and Lumbung Loyalty. Users are required to maintain the confidentiality of his/her identity and User’s Account password, and to log out from the User Account at the end of each session. Please inform Lumbung Prioritas immediately if User notices any unauthorized use of User’s Account, and make sure that your User Account information is accurate and updated. User is fully responsible of all activities that occurs under the User Account, even though such activity or use is not performed by the User.

Lumbung Prioritas, its parent company, subsidiaries, affiliates, directors and employees shall not be responsible for any loss or damage that occurs from use of invalid User’s password or from the failure of the User to comply with the provisions of this paragraph. Lumbung Prioritas reserves the right to refuse in providing User access to site or Services, or to allow User to open an Account, for any reason whatsoever.

Please note that using the Application shall require an active internet connection, and therefore, the User must procure that their mobile phone has internet connection when using the Application, whether provided by the User’s cellular network provider or Wi-Fi. The Application shall function optimally if the User has access to Wi-Fi and sufficient data quota that can be used and stable internet connection. Otherwise, the Application shall not function, and Lumbung Prioritas cannot be responsible for it. There is a possibility that the User’s mobile service provider may impose data costs for connection while using the Application, and by using the Application, the User accepts responsibility for such costs, including costs for data roaming if the User uses the Application outside their area of origin (i.e. country or territory) without turning off the data roaming feature.

User fully understands and agrees that this Terms and Conditions constitutes an electronic agreement and User’s action of pressing the ‘register’ button when signing-up an Account or the ‘sign in’ button when signing-in to User Account is User’s active consent to enter into an agreement with Lumbung Prioritas that this Terms and Conditions and Privacy Policy are legally valid and binding and shall continue so long as User uses the Application or Services. User shall not sue nor object the validity of this Terms and Conditions or the Privacy Policy which are made in the electronic form.

User shall not transfer his/her rights based on this Terms and onditins without prior written approval from Lumbung Prioritas. However, Lumbung Prioritas may transfer its rights based on this Terms and Conditions to any party and any time without prior approval from or notice to the User.

If User does not comply with or violate the provisions of this Terms and Conditions, and Lumbung Prioritas does not take direct action, it does not mean that Lumbung Prioritas waives its rights to take necessary actions in the future. This Terms and Conditions survives upon the temporary suspension, permanent suspension, deletion of the Application or expiration of this agreement between the User and Lumbung Prioritas.

If any provision of this Terms and Conditions is held to be invalid or unenforceable, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.

This Terms and Conditions is made in Indonesian and English language. In the event of any differences between both versions, the provision in Indonesia language shall prevail.

This Terms and Conditions shall be governed by Indonesian law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Terms and Conditions or the Services shall be referred to the Indonesian National Arbitration Board (“BANI”), in accordance with the BANI Regulations as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of User and Lumbung Prioritas (the “Arbitrator”). If User and Lumbung Prioritas are unable to agree on an arbitrator, the Arbitrator shall be appointed by the chairman of BANI in accordance with the Rules. The seat and venue of the arbitration shall be Jakarta, in the Indonesian language and the fees of the Arbitrator shall be borne equally by User and Lumbung Prioritas, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required for this arbitration clause to be enforceable under applicable law.

User hereby agrees that in connection with Article 60 of Law No. 30 of 1999 (the “Arbitration Law”), the arbitral award is final and binding on User and Lumbung Prioritas and based on that, User and Lumbung Prioritas do not have the right to appeal the arbitral award. User and Lumbung Prioritas hereby also expressly exclude the provisions of Articles 48.1 and 73 (b) of the Arbitration Law so that the mandate to the Arbitrator as stipulated through this Terms and Conditions remains valid until the final decision of the arbitration has been determined by the Arbitrator.