HALALIN SHOP USER TERMS & CONDITIONS

Latest update: June 07, 2021

Save for Terms unique to Taiwan, these Terms of Use ("Terms") govern the access or use by you, (“You”) an individual from within any country in the world, websites, content (collectively, the “App”) for the purposes of using the Halalin platform (the “Access Services”), made available by PT Global Teknokreasi Indonesia (“PTGTI”), a private limited liability company established in the Jakarta, having its offices at Jl. Jend Sudirman Kav 52-53 SCBD Lot.8 Jakarta Selatan DKI Jakarta 12190. under number 9210405811596.

In these Terms, PTGTI, are collectively referred to as “Halalin” or “We”, and, the Access Services and Delivery Services, are collectively referred to as the “Services”.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

1. Using The Service

The Halalin platform is (i) a technology platform that connects you to us for order food, beverages, or other items (“Items”) and (ii) the platform through which Halalin provides for delivery of Items to you.

• Halalin will endeavor to ensure that your Items will be delivered to you as soon as reasonably possible. Halalin will not give you an estimated range of how long the delivery will take before you place the order. Sue to factors such as traffic and weather, as well as Delivery Partners may cause delays in the provision of delivery services.

• You may cancel your order until Halalin has begun preparing your Items. Once the preparation has begun, you will no longer be able to cancel and you will be charged full price by Halalin for your ordered Items. If you cancel your order after the delivery has begun, you will also be charged full price for Delivery Services by Halalin directly.

• If Delivery Services fail for reasons attributed to you (for example, you did not answer when your Items were delivered to you) you may be charged full price for both Items and Delivery Services.

• If Halalin cancels the Delivery Services for any reason not attributed to you, you will be entitled to a refund for any amounts paid.

1. Terms Relating to Use of Access Services

Licence

Subject to your compliance with these Terms, (i) PTGTI grants you for no consideration a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the App on your personal device solely in connection with your use of the Access Services; and (ii) PTGTI grants you for no consideration a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use any content, information and related materials that may be made available through the Access Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by PTGTI and their licensors.

Restrictions

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Access Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Access Services except as expressly permitted by Halalin; (iii) decompile, reverse engineer or disassemble the Access Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Access Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Access Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Access Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Access Services or its related systems or networks.

Third Party Services and Content

The App may be made available or accessed in connection with third party services and content (including advertising) that PTGTI does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. PTGTI does not endorse such third party services and content and in no event shall PTGTI be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the App using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the App in any manner. Your access to the App using these devices is subject to the terms set forth in the applicable third party beneficiary’s terms of service.

Ownership

The Access Services and all rights therein are and shall remain PTGTI’s property or the property of PTGTI ’s licensors. Neither these Terms nor your use of the Access Services conveys or grants to you any rights: (i) in or related to the Access Services except for the limited license granted above; or (ii) to use or reference in any manner Halalin’s company names, logos, product and service names, trademarks or services marks or those of Halalin’s licensors.

2. Your Use of the Services

User Accounts

In order to use most aspects of the App and thereafter utilise the Delivery Services, you must register for and maintain an active personal user Halalin Eats account ("Account"). You must be at least 16 years of age to obtain an Account in Taiwan. If you are between 16 and the age of maturity (defined as 20 years old under the laws in Taiwan), you must have the permission of, and be directly supervised by, your parent or legal guardian to use the Services, and your parent or legal guardian must read and agree to this agreement prior to you using the Services.

Account registration requires you to submit to Halalin certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or debit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Halalin in writing, you may only possess one Account.

User Requirements and Conduct

The Services are not available for use by persons under the age of 16. If you are between 16 and the age of maturity (defined as 20 years old under the laws in Taiwan), you must have the permission of, and be directly supervised by, your parent or legal guardian to use the Services, and your parent or legal guardian must read and agree to this agreement prior to you using the Services. You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Delivery Partner or any other party. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.

Commercial Electronic Messaging

By creating an Account, you agree that Halalin or its affiliates may contact you by telephone or commercial electronic messages (including email, SMS, push notifications, or automatic telephone dialing system where applicable) as part of the normal business operation of your use of the Services. You agree that Halalin and its affiliates are not required to include an unsubscribe message in commercial electronic messages where it may be impracticable (including for push notifications). However, you may opt-out of receiving commercial electronic messages from Halalin at any time by following the directions found at t.uber.com/unsub-preference. You also acknowledge that opting out of receiving commercial electronic messages may impact your use of the Services. You cannot unsubscribe from transactional messages, including trip receipts and support responses. These communications are important for your experience.

User Provided Content

Halalin may permit you from time to time to submit, upload, publish or otherwise make available to Halalin through the App textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to Halalin, you grant Halalin and its affiliates a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Halalin’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Halalin the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Halalin’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Halalin in its sole discretion, whether or not such material may be protected by law. Halalin may, but shall not be obligated to, review, monitor, or remove User Content, at any time and for any reason, without notice to you.

Network Access and Devices

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. PTGTI and Halalin respectively do not guarantee that the App, Delivery Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

3. General Users Terms

Orders

When you place an order through the App, your order will be communicated to and processed by the Halalin. Orders are subject to Item availability and Delivery Partner’s delivery capacity. The contract for the supply of Items you have ordered is formed between you and the Halalin when the Halalin accepts the order and we send you a notification of your order being accepted. You are responsible for paying for all Items ordered using your Account, and related delivery charges.

Wrong Order, Missing/Inaccurate/Damaged Item

If you believe that the Items that were delivered are a wrong order or there are missing, inaccurate or damaged Items in the order, please proceed to the Help page in the App and provide the relevant details within 24 hours after placement of the order. Any information received after 24 hours will not be accepted. Halalin may also request a photograph showing the problem. Halalin will review the relevant information and unless there is reasonable cause to believe the problem was caused by you, Halalin will provide a refund using the same method you used to pay for your order (save for cash payment where refund can only be made via credits to your Account) in respect of the affected part of the Item; and also in respect of delivery if the whole order was affected. Prior to processing your refund, Halalin may take into account relevant factors including the details of the order, your Account history, what happened on delivery and information from the Halalin and Delivery Partner.

Perishable/Non-Perishable Items

For Items which are non-perishable, unopened and/or unspoilt, or non-personal hygiene products, you can return such Items within 3 days from the date of delivery in accordance with the Consumer Protection Act. All other perishable Items, Items with fairly short shelf life or will expire shortly, customized products, newspapers periodicals or magazines, sealed personal hygiene products which have been unsealed after delivery and sealed audio, video recording or computer software which have been unsealed after delivery are non-refundable.

For refunds of any such Item aforementioned, you can send the picture of Item(s) directly to the Halalin and present the receipt on your App. The Halalin reserves the final discretion on refunds based on the condition of the Item.

Delivery

The delivery time displayed at the shop product detail and includes factors such as: (a) the time it typically takes the Halalin to accept and prepare an average order, and (b) the time Halalin estimate it will take for the Delivery Partner to travel from the pick-up point to the delivery address.

Delivery Partners do their best to deliver Items within the estimated delivery time. Actual delivery time may vary depending on how busy the Halalin is, the size of your order, traffic conditions, weather conditions and other factors.

Please ensure that an accurate delivery address and contact number are reflected in the App for your order to be delivered to the right location. If you would like to change the address after you have placed an order (before the Delivery Partner has been dispatched), Halalin may be able to do so if your new address is within the delivery area of the Halalin. If the delivery fee are different, and the Halalin has started Item preparation and/or Delivery Partner is on its way, you would be charged the full amount of the Item and delivery.

If the delivery of your order is late or does not arrive and the delivery status is shown as incomplete, you can access your Account and directly contact the Delivery Partner for an update on the status of the order. If you are unable to contact the Delivery Partner and/or your order did not arrive but the delivery status is shown as completed, please contact us and provide details of the order. Halalin will review the issue and if it is found that the issue did not arise due to any of your actions, Halalin will provide a refund for any payment already made using the same method you used to pay for your order (save for cash payment where refund can only be made via credits to your account). Halalin may also apply credits to your account to reflect the inconvenience caused.

When the order is delivered to you, all risks associated with the Items and your order shall be transferred to you.

Failed Delivery

You must ensure that the delivery address provided by you has safe and available passageways to enable the Delivery Partner to successfully deliver the order to you. If there is no such passageway for Delivery Partner to access and Delivery Partner is unable to deliver the order, you would be charged the full amount of the Item and Delivery Services.

Failed delivery may also take place if Halalin and/or the Delivery Partner tries to contact you when the Delivery Partner arrives at the delivery address but you do not respond to incoming phone calls or text messages within 10 minutes of the Delivery Partner physically reaching your provided address. In this instance, the Delivery Partner is unable to complete the delivery and you will be charged you for the order.

Cancellation

1. Cancellation by You

Our cancellation policy depends on your order status:

Cancelling before the Halalin accepts the order:

You can cancel anytime BEFORE the Halalin accepts the order through the App and receive a full refund for any payment already made.

Cancelling after the Halalin accepts the order:

If you would like to cancel an order AFTER an order has been accepted by a Halalin, you should contact our support team immediately or call the Halalin directly. Our support team will assist to contact the Halalin. If the Halalin confirms it has started preparing the order and is unable to accept the cancellation, Halalin will not be able to issue you a refund. For cancellations that are done directly via the App, you will continue to be charged for the Item.

Cancelling after the Delivery Partner is on his way to pick up your order

If you would like to cancel an order AFTER a Delivery Partner is on his way to pick up your order, you will be charged for the Item and delivery charge.

If you have selected cash as your payment method, the credit card on your Account will be charged before the next order can be placed.

(ii) Cancellation by Halalin

There may be instances where Merchants may cancel your order after accepting it because such Items are no longer available and/or there are no available Delivery Partners to deliver the order. In such instances, Halalin will notify you through the App that the order is cancelled. You will not be charged for such cancelled orders, and Halalin (on behalf of Merchants) will refund you for any payment already made using the same method you used to pay for your order. Halalin may also apply credit to your account to reflect the inconvenience caused.

4. Payment and Tax

Payment

For each order via the App, you will pay for the cost of the Items (“Item Price”) to the Halalin and a delivery charge to Halalin (collectively the “Charges”). The delivery charge may vary based on total item and weight, but you will always see the Charges upfront so you can decide whether you would like to proceed with the order.

Payment for the Item Price is facilitated by Halalin on behalf of the Halalin as its limited payment collection agent. Payment of the Item Price in such manner shall be considered the same as payment made directly by you to the Halalin. Charges will be inclusive of applicable taxes. Charges paid by you are final and non-refundable, unless otherwise determined by Halalin or required by the Taiwan Consumer Law. All Charges are due immediately and payment will be facilitated by Halalin using the preferred payment method designated in your Account. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Halalin may, as the Halalin’s limited payment collection agent, use a secondary payment method in your Account, if available. In some cases, you can alternatively make your payment in cash directly to the Halalin by paying the Delivery Partner at the time of delivery. You can select such cash payment option on the App before you place your order.

Government Uniform Invoices

Halalin and/or Halalin (to the extent required under Taiwan tax laws) will provide you a Government Uniform Invoice (“GUI”) in respect of the delivery charge and Item Price, respectively.

For the sake of clarity:

• it is the Halalin’s responsibility under applicable Taiwan tax laws to issue and provide the GUI on Item Price to you. In the event that no GUI on Item Price has been issued by the Halalin or if it is missing from your order, it is your responsibility to directly contact the Halalin and request for the GUI on Item Price to be re-issued or provided by the Halalin. Halalin and its affiliates bear no responsibility or liability for unissued or missing GUIs on Item Price in relation to your orders.
• However, for specific Merchants for whom Halalin acts as consignment agent, Halalin may issue GUI on the Item Price to you on behalf of those Merchants and such GUIs shall indicate that it is for the consignment Item Price on the basis of Halalin’s role as the consignment agent for those particular Merchants. Such GUIs will be issued to a membership carrier type registered by Halalin.

Promotional Codes

Halalin may create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services, and Items provided by a Halalin, subject to any additional terms that Halalin establishes on a per promotional code basis ("Promo Codes"). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Halalin ; (iii) may be disabled by Halalin by providing you at least 2 days prior written notice; (iv) may only be used pursuant to the specific terms for such Promo Code ; (v) are not valid for cash; and (vi) may expire prior to your use. Halalin reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Halalin reasonably determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

5. Disclaimer; Limitation of Liability; Indemnity

LIMITATION SUBJECT TO LOCAL CONSUMER LAW

DISCLAIMER

EXCEPT AS REQUIRED OF UBER UNDER THE CONSUMER GUARANTEES, THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.” UBER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. UBER DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF MERCHANTS . YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, INCLUDING THE TAIWAN CONSUMER PROTECTION ACT.

Indemnity

You agree to indemnify and hold Halalin and its affiliates harmless from any and all claims, demands, losses, liabilities, and expenses arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Halalin’s use of your User Content; or (iv) your violation of the rights of any third party, including Merchants and/or Delivery Partners ("Losses").

Your liability under this clause shall be reduced proportionately if, and to the extent that, Halalin directly caused or contributed to any such Losses.

6. Termination of Account

PTGTI may restrict you from accessing or using the App, and Halalin may restrict you from accessing or using the Delivery Services, or any part of them, immediately, without notice, in circumstances where PTGTI or Halalin reasonably suspects that:

• you have, or are likely to, breach these Terms or the Community Guidelines; and/or
• you do not, or are likely not to, qualify, under applicable law or the standards and policies of Halalin and its affiliates, to access and use the Services.

PTGTI may terminate these Terms or your access to the App, and Halalin may terminate these Terms or any Delivery Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof:

• immediately, where PTGTI or Halalin reasonably suspects that:

i. you have, or are likely to, materially breach these Terms or the Community Guidelines; and/or

ii. you do not, or are likely not to, qualify, under applicable law or the standards and policies of Halalin and its affiliates, to access and use the Services; or

• on 2 days written notice to you, where PTGTI or Halalin, acting reasonably, terminates these Terms or any Services for any legitimate business, legal or regulatory reason.

Without limiting its other rights under these Terms, PTGTI may immediately restrict or deactivate your access to the App and Halalin may immediately restrict or deactivate your access to the Delivery Services respectively if you breach the Community Guidelines at any time.

You may terminate these Terms at any time, for any reason through the app by going to “Settings-Privacy Settings-Delete Account”. Your account will be immediately deactivated if you delete your Halalin account. After 15 days, your account will be permanently deleted. Halalin may retain certain information after account deletion as required or permitted by law.

7. Governing Law; Arbitration

There are a number of mechanisms available to you to resolve any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any "Dispute"). Halalin or its affiliates operate a complaints process to allow you to make complaints about PTGTI, Halalin or Merchants and/or Delivery Partners, and Halalin also manages refunds to you in relation to those complaints. Halalin or its affiliates will operate this complaints process in a reasonable manner. In addition, you may have rights to make a complaint to fair trade or consumer law bodies in relation to applicable consumer laws, including the non-excludable portions of the Taiwan Consumer Law.

Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of Taiwan, excluding its rules on conflicts of laws. In the event of a Dispute, either party may file an action in the Taiwan Taipei District court or pursue final and binding arbitration or other alternative dispute resolution as agreed upon by the parties.

Any proceedings, including documents and briefs submitted by the parties, correspondence from a mediator, and correspondence, order and awards issued by an arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation set out in these Terms.

8. Other Provisions

Claims of Copyright Infringement.

Claims of copyright infringement should be sent to Halalin’s designated agent. Please visit Halalin’s web page at https://halalin.co/terms for the designated address and additional information.

Notice.

Halalin may give notice by means of a general notice on the App, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account.

General.

You may not assign or transfer these Terms in whole or in part without Halalin’s prior written approval. You give your approval to Halalin for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Halalin’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Halalin or any third party provider as a result of the contract between you and

Halalin or use of the Services.

If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms, including any incorporated policies, constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. Nothing in this clause limits your rights as a consumer that cannot be excluded under applicable law, including the Taiwan Consumer Protection Act. In these Terms, the words "including" and “include” mean “including, but not limited to.”