Terms of Use
Welcome to JBL Online Store. Please read these terms and conditions carefully. The following Terms of Use govern your use and access of the Platform (defined below) and the use of the Services. By accessing the Platform and/or using the Services, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not access and/or use this Platform or the Services.
Access to and use of password protected and/or secure areas of the Platform and/or use of the Services are restricted to Customers with accounts only. You may not obtain or attempt to obtain unauthorised access to such parts of this Platform and/or Services, or to any other protected information, through any means not intentionally made available by us for your specific use. A breach of this provision may be an offence under the Electronic Information and Transactions Law as may be amended from time to time (Law No. 11 of 2008).
If you are below 21 years old:
You must obtain consent from your parent(s) or legal guardian(s), their acceptance of these Terms of Use and their agreement to take responsibility for: (i) your actions; (ii) any charges associated with your use of any of the Services or purchase of Products; and (iii) your acceptance and compliance with these Terms of Use. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this Platform and using the Services.
1. Definitions & Interpretation
Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Schedule 1 will apply to these Terms of Use.
2. General Use of Services and/or Access of Platform
2.1 Guidelines to the use of Platform and/or Services: You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the use of the Services and/or access to the Platform, as well as any amendments to the aforementioned, issued by us, from time to time. We reserve the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.
2.2 Restricted activities: You agree and undertake NOT to:
- impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
- use the Platform or Services for illegal purposes;
- attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Platform or Services;
- post, promote or transmit through the Platform or Services any Prohibited Materials;
- interfere with another’s utilization and enjoyment of the Platform or Services;
- use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Platform’s data or damage or interfere with the operation of another Customer’s computer or mobile device or the Platform or Services; and
- use the Platform or Services other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws.
2.3 Availability of Platform and Services: We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.
2.4 Right, but not obligation, to monitor content: We reserve the right, but shall not be obliged to:
- monitor, screen or otherwise control any activity, content or material on the Platform and/or through the Services. We may in our sole and absolute discretion, investigate any violation of the terms and conditions contained herein and may take any action it deems appropriate;
- prevent or restrict access of any Customer to the Platform and/or the Services;
- report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or
- request any information and data from you in connection with your use of the Services and/or access of the Platform at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.
2.5 Additional terms: In addition to these Terms of Use, the use of specific aspects of the Materials and Services, more comprehensive or updated versions of the Materials offered by us or our designated sub-contractors, may be subject to additional terms and conditions, which will apply in full force and effect.
3. Use of Services
3.1 Application of this Clause: In addition to all other terms and conditions of these Terms of Use, the provisions in this Clause 3 are the additional specific terms and conditions governing your use of the Services.
3.2 Restrictions: Use of the Services is limited to authorised Customers that are of legal age and who have the legal capacity to enter into and form contracts under any applicable law. Customers who have breached or are in breach of the terms and conditions contained herein and Customers who have been permanently or temporarily suspended from use of any of the Services may not use the Services even if they satisfy the requirements of this Clause 3.2.
3.3 General terms of use: You agree:
- to access and/or use the Services only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to the Services in good faith; and
- to ensure that any information or data you post or cause to appear on the Platform in connection with the Services is accurate and agree to take sole responsibility for such information and data.
3.4 Product description: While we endeavour to provide an accurate description of the Products, we do not warrant that such description is accurate, current or free from error.
3.5 Prices of Products: All Listing Prices are subject to taxes, unless otherwise stated. We reserve the right to amend the Listing Prices at any time without giving any reason or prior notice.
3.6 Third Party Vendors: You acknowledge that parties other than JBL (i.e. Third Party Vendors) list and sell Products on the Platform. Whether a particular Product is listed for sale on the Platform by JBL or a Third Party Vendor may be stated on the webpage listing that Product. For the avoidance of doubt, each agreement entered into for the sale of a Third Party Vendor’s Products to a Customer shall be an agreement entered into directly and only between the Third Party Vendor and the Customer.
4. Customers with JBL Accounts
4.1 Username/Password: Certain Services that may be made available on the Platform may require creation of an account with us or for you to provide Personal Data. If you request to create an account with us, a Username and Password may either be: (i) determined and issued to you by us; or (ii) provided by you and accepted by us in our sole and absolute discretion in connection with the use of the Services and/or access to the relevant Platform. We may at any time in our sole and absolute discretion, request that you update your Personal Data or forthwith invalidate the Username and/or Password without giving any reason or prior notice and shall not be liable or responsible for any Losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation. You hereby agree to change your Password from time to time and to keep the Username and Password confidential and shall be responsible for the security of your account and liable for any disclosure or use (whether such use is authorised or not) of the Username and/or Password. You are to notify us immediately if you have knowledge that or have reason for suspecting that the confidentiality of the Username and/or Password has been compromised or if there has been any unauthorised use of the Username and/or Password or if your Personal Data requires updating.
4.2 Purported use/access: You agree and acknowledge that any use of the Services and/or any access to the Platform and any information, data or communications referable to your Username and Password shall be deemed to be, as the case may be:
- access to the relevant Platform and/or use of the Services by you; or
- information, data or communications posted, transmitted and validly issued by you.
You agree to be bound by any access of the Platform and/or use of any Services (whether such access or use are authorised by you or not) and you agree that we shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all Losses attributable to any use of any Services and/or access to the Platform referable to your Username and Password.
5. Intellectual Property
5.1 Ownership: The Intellectual Property in and to the Platform and the Materials are owned, licensed to or controlled by us, our licensors or our service providers. We reserve the right to enforce its Intellectual Property to the fullest extent of the law.
5.2 Restricted use: No part or parts of the Platform, or any Materials may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without our prior written permission or that of the relevant copyright owners. Subject to Clause 5.3, permission will only be granted to you to download, print or use the Materials for personal and non-commercial uses, provided that you do not modify the Materials and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.
5.3 Trademarks: The Trademarks are registered and unregistered trademarks of us or third parties. Nothing on the Platform and in these Terms of Use shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use (including as a meta tag or as a “hot” link to any other website) any Trademarks displayed on the Services, without our written permission or any other applicable trademark owner.
6. Your Submissions and Information
6.1 Submissions by you: You grant us a non-exclusive licence to use the materials or information that you submit to the Platform and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”). When you post comments or reviews to the Platform, you also grant us the right to use the name that you submit or your Username in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, publish, remove or edit your Submissions.
6.2 Consent to receive e-mails: You consent to and authorise the use by us of any information provided by you (including Personal Data) for the purposes of sending informational and promotional e-mails to you. Your agreement to the provisions of this Clause 6.2 shall constitute your consent for the purpose of the provisions of any spam control laws (whether in Singapore or elsewhere). You may subsequently opt out of receiving promotional e-mails by clicking on the appropriate hyperlink in any promotional e-mail.
6.3 Privacy Policy: You acknowledge that you have read and agree to the Privacy Policy and consent to our collection, use and disclosure of your Personal Data for the purposes as set out in the Privacy Policy.
7. Termination
7.1 Termination by us: In our sole and absolute discretion, we may with immediate effect upon giving you notice, terminate your use of the Platform and/or Services and/or disable your Username and Password. We may bar access to the Platform and/or Services (or any part thereof) for any reason whatsoever, including a breach of any of these Terms of Use or where if we believe that you have violated or acted inconsistently with any terms or conditions set out herein, or if in our opinion or the opinion of any regulatory authority, it is not suitable to continue providing the services relating to the Platform.
7.2 Termination by you: You may terminate these Terms of Use by giving seven days’ notice in writing to us.
7.3 The parties agree to waive the provision of Article 1266 of the Indonesian Civil Code, to the extent that a prior court order is required to terminate this Agreement.
8. Notices
8.1 Notices from us: All notices or other communications given to you if:
- communicated through any print or electronic media as we may select will be deemed to be notified to you on the date of publication or broadcast; or
- sent by post or left at your last known address will be deemed to be received by you on the day following such posting or on the day when it was so left.
8.2 Notices from you: You may only give notice to us in writing sent to our designated address or e-mail address, and we shall be deemed to have received such notice only upon receipt. While we endeavour to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.
8.3 Other modes: Notwithstanding Clauses 8.1 and 8.2, we may from time to time designate other acceptable modes of giving notices (including but not limited to e-mail or other forms of electronic communication) and the time or event by which such notice shall be deemed given.
9. General
9.1 Cumulative rights and remedies: Unless otherwise provided under these Terms of Use, the provisions of these Terms of Use and our rights and remedies under these Terms of Use are cumulative and are without prejudice and in addition to any rights or remedies we may have in law or in equity, and no exercise by us of any one right or remedy under these Terms of Use, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms of Use or at law or in equity) operate so as to hinder or prevent our exercise of any other such right or remedy as at law or in equity.
9.2 No waiver: Our failure to enforce these Terms of Use shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms of Use. We would still be entitled to use our rights and remedies in any other situation where you breach these Terms of Use.
9.3 Severability: If at any time any provision of these Terms of Use shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms of Use.
9.4 Governing law: Use of the Platform and/or the Services and these Terms of Use shall be governed by and construed in accordance with Indonesian law and you hereby submit to the exclusive jurisdiction of the Indonesia courts.
9.5 Injunctive relief: We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.
9.6 Amendments: We may by notice through the Platform or by such other method of notification as we may designate (which may include notification by way of e-mail), vary the terms and conditions of these Terms of Use, such variation to take effect on the date we specify through the above means. If you use the Platform or the Services after such date, you are deemed to have accepted such variation. If you do not accept the variation, you must stop access or using the Platform and the Services and terminate these Terms of Use. Our right to vary these Terms of Use in the manner aforesaid may be exercised without the consent of any person or entity who is not a party to these Terms of Use.
9.7 Correction of errors: Any typographical, clerical or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part.
9.8 Currency: Money references under these Terms of Use shall be in Indonesian Rupiah.
9.9 Language: These Terms of Use are made in both the English language and the Indonesian language. Both texts are equally valid. In case of any inconsistency or different interpretation between the English text and the Indonesian text, the English text shall be the prevailing language and the relevant Indonesian text shall be deemed to be automatically amended to conform with, and to make it consistent with, the relevant English text.
9.10 Entire agreement: These Terms of Use shall constitute the entire agreement between you and us relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.
9.11 Binding and conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by us or our service providers relating to or in connection with the Platform and Services shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.
9.12 Sub-contracting and delegation: We reserve the right to delegate or sub-contract the performance of any of our functions in connection with the Platform and/or Services and reserve the right to use any service providers, subcontractors and/or agents on such terms as we deem appropriate.
9.13 Assignment: You may not assign your rights under these Terms of Use without our prior written consent. We may assign our rights under these Terms of Use to any third party.
9.14 Force Majeure: We shall not be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms of Use (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform’s and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control.
Schedule 1 – Definitions and Interpretation
1. Definitions
Unless the context otherwise requires, the following expressions shall have the following meanings in these Terms of Use:
1.1 “Customer” has the same meaning as in the Terms & Conditions of Sale.
1.2 “Intellectual Property” means all copyright, patents, utility innovations, trade marks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.
1.3 “JBL Indemnitees” means JBL and all of its respective officers, employees, directors, agents, contractors and assigns.
1.4 “JBL”, “we”, “our” and “us” refer to Harman International Singapore Pte. Ltd., and having its registered address at Golden Agri Plaza, 108 Pasir Panjang Road #02-08 Singapore 118535.
1.5 “Listing Price” means the price of Products listed for sale to Customers, as stated on the Platform.
1.6 “Losses” means all penalties, losses, settlement sums, costs (including legal fees and expenses on a solicitor-client basis), charges, expenses, actions, proceedings, claims, demands and other liabilities, whether foreseeable or not.
1.7 “Materials” means, collectively, all web pages on the Platform, including the information, images, links, sounds, graphics, video, software, applications and other materials displayed or made available on the Platform and the functionalities or services provided on the Platform.
1.8 “Order” means your order for Products sent through the Platform in accordance with the Terms & Conditions of Sale.
1.9 “Password” refers to the valid password that a Customer who has an account with JBL may use in conjunction with the Username to access the relevant Platform and/or Services.
1.10 “Personal Data” means data, whether true or not, that can be used to identify, contact or locate you. Personal Data can include your name, e-mail address, billing address, shipping address, phone number and credit card information. “Personal Data” shall be deemed to include any data that you have provided to us when placing an Order, regardless of whether you have an account with us.
1.11 “Platform” means both the web and mobile versions of the JBL Online Store operated and/or owned by JBL which is presently located at the following URL: www.jblstore.co.id
1.12 “Privacy Policy” means the privacy policy set out in our JBL Online Store.
1.13 “Product” means a product (including any installment of the product or any parts thereof) available for sale to Customers on the Platform.
1.14 “Prohibited Material” means any information, graphics, photographs, data and/or any other material that:
- contains any computer virus or other invasive or damaging code, program or macro;
- infringes any third-party Intellectual Property or any other proprietary rights;
- is defamatory, libellous or threatening;
- is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful or otherwise illegal under the applicable law;
- is or may be construed as offensive and/or otherwise objectionable, in our sole opinion.
1.15 “Services” means services, information and functions made available by us at the Platform.
1.16 “Submission” is as defined in Clause 6.1 of these Terms of Use.
1.17 “Terms & Conditions of Sale” means the terms and conditions governing a Customer’s purchase of the Products and are set out in the JBL Online Store.
1.18 “Terms of Use” means the recitals, Clauses 1 to 9 and any Schedules to these terms and conditions.
1.19 “Trademarks” means the trademarks, service marks, trade names and logos used and displayed on the Platform.
1.20 “Username” refers to the unique login identification name or code which identifies a Customer who has an account with JBL.
1.21 “Voucher” means a voucher for credit which may be used by a Customer, subject to other terms and conditions, towards the payment of purchases on the Platform.
1.22 “you” and “your” refer to the individuals over the age of 18 or otherwise under the supervision of a parent or legal guardian.
2. Interpretation
Any reference in these Terms of Use to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. In the Agreement, whenever the words “include”, “includes” or “including” are used, they will be deemed to be followed by the words “without limitation”. Unless expressly indicated otherwise, all references to a number of days mean calendar days, and the words “month” or “monthly” as well as all references to a number of months means calendar months. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms of Use. In the event of a conflict or inconsistency between any two or more provisions under these Terms of Use, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in favour of JBL and the provision which is more favourable to JBL shall prevail.
Terms and Conditions of Sale
1. Definitions & Interpretation
1.1 Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Schedule 1 will apply to these Terms & Conditions of Sale.
1.2 By proceeding to use this Platform, or by such similar use and placing an order which sale activity is concluded on this Platform, you hereby create a valid contract between you, the Customer and the Distributor as seller on this Platform, to which these Terms set out herein shall apply to you.
2. Purchase of Products
2.1 Your compliance: The Distributor maintains and operates this website with limited operational and proprietary rights from Harman. Full proprietary rights shall rest with Harman. By using this website, you agree to comply with all the guidelines, notices, operating rules and policies and instructions in connection with the purchase of Products through the Platform. The Distributor and/or Harman reserve the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.
2.2 Product description: While the Distributor and/or Harman endeavor to provide an accurate description of the Products, neither the Distributor nor Harman warrant that such description is accurate, current, or free from error. In the event that the Product(s) which you have ordered via this Platform, and have received is fundamentally different from the Product(s) described on the Platform, Clause 7 of these Terms & Conditions of Sale shall apply.
2.3 Modes of Sale: Harman Products are available for sale on this website. The Products may also be found on other sale platforms online and/or offline, other than those featured on this Website.
2.3.1 Purchases concluded outside of this Website: To the fullest extent permitted by law, the Distributor and/or Harman may exercise full discretion to refuse any claims for warranty or guarantee over purchase of our Products outside of the Platform, such as Products supplied to you by unauthorized sellers such as Products which are not meant for sale in your region, counterfeits, used, modified or tampered Products. In any event, purchases made outside of this website (or platform) are governed by separate Terms and Conditions of Sale not covered in these Terms. All successful purchases transacted on this website (or platform) shall be fulfilled by the Distributor, thus forming a binding contractual relationship between you, the Customer and us, the Distributor.
2.3.2 Placing your Order: You may place an Order by completing the Order form on the Platform and clicking on the “Place my Order” button. The Distributor will not accept Orders placed in any other manner. You shall be responsible for ensuring the accuracy of the Order.
2.3.3 Orders are irrevocable and unconditional: All transacted Orders are deemed irrevocable, and your decision to purchase shall be deemed unconditional upon transmission through the Platform.
2.3.3.1 The Distributor reserves its rights to honour, refuse, cancel, amend, or vary all orders transacted through this website at its discretion without notice to you.
2.3.3.2 Notwithstanding the foregoing, you may at your request to the Distributor, cancel or amend the Order which the Distributor may honour at its discretion on a commercially reasonable effort basis.
2.3.4 Distributor’s rights in respect of Orders: All transacted Orders on this website shall be made subject to Distributor’s acceptance in its sole discretion, and each successfully transacted Order accepted by the Distributor, shall constitute a separate contract (“Customer Contract”).
2.3.4.1 Notice of Acceptance of Order – You acknowledge that unless you receive a notice from the Distributor accepting your Order, the Distributor shall not be party to any legally binding agreements or promises made between the Distributor and you for the sales transacted outside of this website, or any other dealings with the Product(s), and accordingly the Distributor shall not be liable for any Losses or Damages which may be incurred as a result.
2.3.4.2 Funds to Clear First – Distributor and/or Harman shall not be held responsible and/or liable in this Agreement (including all warranties, conditions and/or guarantees) if the total price for the Products have not been paid in cleared funds by the due date for payment.
2.3.4.3 Right to Decline Orders – For the avoidance of doubt, the Distributor reserves the right to decline to process or accept any Order received from or through the Platform in its absolute discretion, and refunds will be processed to you by the Distributor.
2.3.5 Termination by Distributor in the event of pricing error: The Distributor reserves the right to terminate the Customer Contract at any point in time, in the event that a Product has been mispriced on the Platform, and the Distributor shall notify you of such reversal or cancellation in writing notwithstanding the transit / delivery status or if the payment has been charged to you.
2.3.6 Product Warranty: The warranties with respect to a Product (“Product Warranty”) sold under a Customer Contract shall be as stated by the Distributor via the Platform, under the “Specifications” tab in the fields “Warranty Type” and “Warranty Period” for the Product(s), and shall be limited by the terms and conditions therein. The warranties and conditions, remedies for breach of warranty or condition, or other terms stated in the Product Warranty are, unless expressly prohibited by applicable mandatory law, in lieu of all other terms, warranties and conditions, whether expressed or implied, statutory or otherwise. Except as expressly provided in such Product Warranty, Distributor excludes (unless expressly prohibited by applicable mandatory law) all other express or implied terms, warranties or conditions with respect to the Products supplied.
2.3.7 Customer Covenants: You hereby acknowledge and agree to the following:
2.3.7.1 that you have not relied on any term, condition, warranty, undertaking, inducement or representation made by or on behalf of the Distributor and/or Harman, which has not been stated expressly herein, in a Customer Contract or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material produced by the Distributor and/or Harman, and you shall subsequently indemnify and hold the Distributor and/or Harman harmless to the above; and
2.3.7.2 that you acknowledge and agree that the exclusion of warranties, exclusion of liability and exclusion of remedies in these Terms of Sale and Customer Contracts allocate risks between the parties and allow the Distributor to provide the Products at lower fees or prices than the Distributor otherwise could and you agree that such exclusions on liability are reasonable.
2.3.8 No representations or warranties: Without prejudice to the generality of the foregoing Clauses under 2.3.6:
2.3.8.1 No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Products supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to the Distributor and/or Harman;
2.3.8.2 Distributor binds itself only to supply and deliver Products in accordance with the general description under which they were sold, and shall exclude all special and/or specific considerations assumed by you in making the purchase, such specific considerations shall not bind Distributor and/or Harman;
2.3.8.3 In any event, the Distributor and/or Harman shall not be held liable for, or assume any warranty as to the quality, state, condition or fitness of the Products other than what was expressly represented on this Website;
2.3.8.4 Distributor and/or Harman shall strictly be under no liability for the following measures and actions taken by you the Customer, or third parties and the consequences thereof: (i) improper remedy of defects, (ii) alteration of the Products, (iii) addition and insertion of parts;
2.3.8.5 Distributor and/or Harman shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Customer or third parties, fair wear and tear, willful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, the Customer or third parties’ failure to follow Distributor and/or Harman instructions (whether oral or in writing) misuse or alteration or repair of the Products without the Distributor approval;
2.3.8.6 You shall indemnify the Distributor and/or Harman from liabilities and/or losses suffered by you or any third party, whether directly or indirectly caused by unauthorized repairs, modifications, or remedial work to the Product; and
2.3.8.7 Distributor and/or Harman shall be under no liability whatsoever in respect of any defect in the Products arising after the expiry of the applicable Product Warranty, if any. For extended warranties provided by a third-party seller, please refer to the governing terms and conditions of sale between you and the third-party seller.
2.3.8.8 YOU SHALL NOT PURCHASE THE PRODUCTS WITH THE INTENTION TO CREATE A DISTINCT SALE, SUPPLY AND DISTRIBUTION CHAIN. NO RIGHTS ARE CONFERRED ONTO YOU, THE CUSTOMER, OR ANY THIRD PARTY SUCH RIGHTS TO SELL, RE-SELL, TRANSFER, PUT TO COLLATERAL OR CHARGE. ANY SUCH ACTIONS WILL RENDER THE CONTRACT VOID AND INVALID, AND SHALL AUTOMATICALLY BE RESCINDED WITH ALL SUCH LOSSES INCURRED SHALL BE RECOVERED BY THE DISTRIBUTOR AND/OR HARMAN AGAINST YOU WITHOUT ANY NOTICE.
2.3.8.9 The Distributor reserves the absolute right to question the purpose of the Order, and the Customer shall agree herewith, to extend all cooperation to the Distributor on the intent of purchase before the Distributor proceeds to fulfil the Order.
2.3.8.10 The Customer shall not tamper with the Products and the serial numbers on the unit and/or the packaging.
3. Intellectual Property
3.1 General – All terms set out herein shall bind you and all users in perpetuity, regardless whether the transaction is concluded or not in this Website, or elsewhere. Nothing in these terms shall be construed as granting of any right, title or interest in any intellectual property owned by Harman.
3.2 Intellectual Property Assets owned by Harman can be found on, but not limited to websites, product packaging, ephemera, advertisements, product unit, and accompanying software, all designed to enhance buyer and user experience. For a full definition of “Intellectual Property Assets”, please refer to Schedule 1 of these Terms. As such, you shall hereby be deemed to agree to the following:
3.2.1 No claim or proceedings have been made, or threatened, either directly against the Distributor and/or Harman, alleging that the Goods and/or the Software or any part or parts of either, or their use, sale, distribution or other commercial exploitation infringes the Intellectual Property Rights or other rights of any third party.
3.2.2 You shall not remove or alter the trade marks, logos, copyright notices, serial numbers, labels, tags or other identifying marks, symbols or legends (“Proprietary Rights”) affixed to any Products by Harman or where licensed to the Distributor by Harman.
3.2.3 You shall not use Harman Proprietary Rights or any part thereof for the purposes of trade, sale, resale and/or export, unless expressly endorsed in writing by both the Distributor and Harman.
3.2.4 Harman via its subsidiaries reserve the unqualified right to pursue legal action against you if you are found to infringe any provisions found herein, such actions preliminarily constitute breach of this Agreement and all warranties, guarantees and rights available to you shall be revoked automatically without any notice to you.
3.3 Software and Product Materials: Where software applications, drivers or other computer programs and/or all other design details, technical handbooks or manuals, drawing or other data (all collectively referred to as “Product Materials”) are supplied to the Customer by Harman in connection with the Order, the use and retention of the Product Materials are subject to the terms and conditions of licence or use, such as end-user licences, restrictions or conditions of use, as may be prescribed by Harman or its licensors and must not be used other than strictly in accordance with such terms and conditions.
3.4 Ownership of Product Materials: You shall agree and acknowledge that the Product Materials shall remain the property of Harman and its licensors. The Customer further agrees that any and all Intellectual Property embodied in or relating to the Product Materials shall remain the sole and exclusive property of Harman. You may be required by the Distributor and/or Harman to cease use, delete, restore and/or return the Product Materials and/or any copies thereof upon request by Harman and/or its Distributor.
4. Delivery of Products
4.1 Address: Delivery of the Products shall be fulfilled by the Distributor (or its agents) to the delivery address you specify in your Order. By proceeding with the Order, you shall be deemed to have provided consent for the release of your personal address and contact details for the purposes of fulfilment of the Order (or any such address and contact details of a third party).
4.2 Delivery & packing charges: Delivery and packing charges shall be as set out in the Order.
4.3 Tracking: You may track the status of the delivery at the “Order Tracking” page of the Platform.
4.4 Delivery timeframe: You acknowledge that delivery of the Products is subject to availability of the Products. The Distributor (via its Agents) will make every reasonable effort to deliver the Product to you within the delivery timeframe stated on the relevant page on which the Product is listed, but you acknowledge that while stock information on the Platform is updated regularly, it is possible that in some instances a Product may become unavailable between updates. All delivery timeframes given are estimates only and delays can occur. If the delivery of your Product is delayed, the Distributor and/or its Agent(s) will inform you accordingly via e-mail and your Product will be dispatched as soon as it becomes available to Distributor. The time for delivery shall not be of the essence, and neither the Distributor nor any of its agents shall be held liable for any delay in the delivery howsoever caused.
4.5 Indemnity to Harman: You agree that you shall indemnify Harman against all claims pertaining to the delivery, regardless of the condition that you have received in, delay, or non-delivery of the Order.
4.6 Deemed receipt: In the event you do not receive the Product by the projected delivery date and provided that you inform the Distributor within 3 (THREE) days immediately from such projected delivery date, the Distributor will try, to the best of its ability, to locate and deliver the Product. If the Distributor does not hear from you within 3 (THREE) days from such projected delivery date, you shall be deemed to have received the Product.
4.7 Voucher from Distributor: If there is a delay in delivery of the Products, the Distributor may in its sole discretion offer a Voucher to the Customer. Upon the acceptance of a Voucher by the Customer, the Customer shall have no further claim against the Distributor.
4.8 Customer’s failure to take delivery: If the Customer fails to take delivery of the Products (other than by reason of any cause beyond the Customer’s reasonable control or by reason of fault by the Distributor) then without prejudice to any other right or remedy available to the Distributor, the Distributor may terminate the Customer Contract.
5. Price of Products
5.1 Listing Price: The price of the Products payable by a Customer shall be the Listing Price at the time at which the Order placed by the Customer is transmitted to the Distributor solely via the Platform.
5.2 Taxes: All Listing Prices are subject to taxes, unless otherwise stated. The Distributor and/or Harman reserve the right to amend the Listing Prices at any time without giving any reason or prior notice.
6. Payment
6.1 General: You may pay for the Product using any of the payment methods prescribed by the Distributor from time to time. When you place an Order, actual payment will only be charged upon the Distributor’s acceptance of your Order and formation of a Customer Contract. All payments shall be made to the Distributor, either accepting payment in its own right or as the Distributor’s agent (Third Party Vendor). You acknowledge that the Distributor is entitled to collect payments from you on behalf of Third Party Vendors.
6.2 Additional terms: The payment methods may be subject to additional terms as prescribed by the Distributor from time to time.
6.3 Payment methods: You agree that you are subject to the applicable user agreement of your payment method. You may not claim against the Distributor or any of its agents, including Harman, for any failure, disruption or error in connection with your chosen payment method. The Distributor reserves the sole discretion at any time, to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
6.4 Invoicing: Distributor may invoice you upon the due date of any payment under a Customer Contract.
6.5 Failure to pay: If the Customer fails to make full payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to the Distributor, the Distributor shall be entitled to cancel the Customer Contract or suspend delivery of the Products until payment is made in full.
6.6 Refund of Payment:
6.6.1 All refunds shall be made via the original payment mechanism to the individual payor who has made the original payment, except for Cash on Delivery, where refunds will be made via bank transfer into the individual payor’s bank account upon providing complete and accurate bank account details to the Distributor.
6.6.2 We offer no guarantee of any nature for the timeliness of the refunds reaching your account, and it is subject to the processing time of the respective financial institution and/or the payment gateway.
6.6.3 All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by the Distributor.
6.6.4 All refunds and returns are conditional upon the Distributor’s discretion.
6.6.5 The Distributor reserves the right to modify the mode of processing refunds by providing notice to you.
7. Refunds / Returns / Repairs / Replacements
7.1 Return Policy: To qualify, all returns must be done in accordance with the instructions set out in the Return Policy. Customer may initiate the returns process by communicating with Distributor through the Platform, as the case may be. The Distributor and/or Harman is not obliged to agree to any return should any prescribed mode of return by the Distributor not be adhered to, or where the Product is tampered with. For a valid return, the Distributor may, at their discretion, offer the Customer remedial solutions set out in Clause 7.3 hereinbelow.
7.2 Permitted returns: Subject to Clause 7.1, within SEVEN (7) days from the date of delivery of the Product, you may return a Product when you:
7.2.1 receive a product that is fundamentally different in nature from the Product specified in the Customer Contract; or
7.2.2 receive a faulty or damaged Product.
7.3 Refund, repair, replacement or price reduction: For Products that qualify for a valid return, the Distributor may offer any of the following remedies at its sole discretion:
7.3.1 Refunds: a partial or full refund of the price paid for the non-conforming Product.
7.3.2 Repairs: Distributor to undertake repair of the non-conforming Product.
7.3.3 Replacements: the Distributor may offer the Customer a replacement Product in place of the non-conforming Product.
In the event that Customer, (1) elects to accept a repair or replacement and (2) that the Seller fails to do so within SEVEN (7) days from the date the Customer first receives a return confirmation from the Distributor, the Distributor at its discretion, offer the Customer, a reduction of the price of purchase of a replacement unit, in proportion to the reduced or depreciated value of the Products, the quantum of which shall be determined at its sole discretion.
7.3.4 Return of non-conforming Products: Where the Distributor has provided replacement Products, or where it has given the Customer a full refund, the non-conforming Products or parts thereof shall become the property of the Distributor and/or Harman, who may, at its sole discretion, request such non-conforming Products to be shipped back to the Distributor and/or Harman with such cost borne by the Customer.
7.3.5 Effect of Acceptance: Acceptance by the Customer of any of the remedies set out hereinabove (or anywhere in these Terms), you shall be deemed to absolve and rescind all and further claim(s) against the Distributor and Harman. You shall also be responsible to remove and delete all public postings, publications, if any, relating to your user experience, including all other and subsequent postings / publications by external media and parties. Any outcome of investigation and communications between the Distributor and you shall remain Private and Confidential, unless otherwise agreed by both parties mutually. The Distributor and/or Harman reserve full rights to pursue legal action for the removal of the same. For avoidance of doubt, neither the Distributor nor Harman owes its customer any duty to reveal the outcome of the investigation (or any part thereof) on the non-conforming Products.
8. Questions and Complaints
8.1 If you have any questions or complaints, you may contact the Distributor directly via the Platform and the Distributor may get in touch with you.
8.2 In the event that Customer is unable to resolve any dispute with the Distributor directly through amicable negotiations, the Distributor reserves the right to suggest and implement an appropriate remedy or resolution at its sole discretion. Any such suggestion shall be deemed final and shall not be subjected to negotiation.
9. Termination
9.1 Cancellation by you: You may cancel the Customer Contract before Distributor dispatches the Products under such Customer Contract by written notice through the “Contact Us” page. If the Products have already been dispatched, you may not cancel the Customer Contract but may only return the Products in accordance with Clause 7 upon the sole discretion of the Distributor.
9.2 Cancellation by the Distributor: Without prejudice to any other right of termination elsewhere in these Terms & Conditions of Sale, the Distributor may stop any Products in transit, suspend further deliveries to the Customer and/or terminate the Customer Contract with immediate effect by written notice to the Customer on or at any time after the occurrence of any of the following events:
9.2.1 the Products under the Customer Contract being unavailable for any reason;
9.2.2 the Customer being in breach of an obligation under the Customer Contract;
9.2.3 the Customer passing a resolution for its winding up or a court of competent jurisdiction making an order for the Customer’s winding up or dissolution;
9.2.4 the making of an administration order in relation to the Customer or the appointment of a receiver over or an encumbrancer taking possession of or selling any of the Customer’s assets; or
9.2.5 the Customer making an arrangement or composition with its creditors generally or applying to a Court of competent jurisdiction for protection from its creditors.
9.3 The parties agree to waive the provision of Article 1266 of the Indonesian Civil Code, to the extent that a prior court order is required to terminate the Customer Contract and/or these Terms of Sale.
10. Risk and Property of the Goods
10.1 Risk of damage to or loss of the Goods shall pass to the Customer at the time of delivery or if the Customer wrongfully fails to take delivery of the Goods, the time when the Distributor has tendered delivery of the Goods.
10.2 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions, the property in the Goods shall not pass to the Customer until the Distributor has received in cash or cleared funds payment in full of the price of the Goods for which payment is due.
10.3 Until such time as the property in the Goods passes to the Customer, the Customer shall hold the Goods as fiduciary agent to the Distributor and Bailee, and shall retain the Goods separate from those of the Customer.
10.4 The Customer agrees that the Customer shall immediately notify the Distributor of any matter from time to time affecting the Distributor’s and/or Harman’s title to the Goods, and the Customer shall provide the Distributor with any information relating to the Goods as the Distributor and/or Harman may require from time to time.
10.5 Until such time as the property in the Goods passes to the Customer (and provided the Goods are still in existence and have not been resold), the Distributor shall be entitled at any time to demand the Customer to deliver up the Goods to the Distributor, and in the event of non-compliance, the Distributor reserves its right to take legal action against the Customer for the delivery up of the Goods, and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Customer.
10.6 The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Distributor and/or Harman, but if the Customer does so, all moneys owing by the Customer to the Distributor (without prejudice to any other right or remedy to the Distributor and/or Harman) forthwith become due and payable.
10.7 If the provisions in this clause are not effective according to the law of the country in which the Goods are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Customer shall take all steps necessary to give effect to the same.
10.8 The Customer shall indemnify the Distributor and/or Harman against all loss, damages, costs, expenses and/or legal fees incurred by the Customer in connection with the assertion and enforcement of the Distributor’s and/or Harman’s rights under this condition.
11. Limitation of Liability
11.1 SOLE REMEDIES OF CUSTOMER: THE REMEDIES SET OUT IN CLAUSE 7 ARE THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES FOR NON-CONFORMITY OF OR DEFECTS IN THE PRODUCTS.
11.2 MAXIMUM LIABILITY: NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS & CONDITIONS OF SALE, THE MAXIMUM CUMULATIVE LIABILITY TO YOU OR TO ANY OTHER PARTY BY THE DISTRIBUTOR AND/OR HARMAN FOR ALL LOSSES UNDER, ARISING OUT OF OR RELATING TO THE SALE OF PRODUCTS UNDER EACH CUSTOMER CONTRACT, WILL NOT EXCEED THE SUMS THAT YOU HAVE PAID TO DISTRIBUTOR UNDER SUCH CUSTOMER CONTRACT.
11.3 EXCLUSION OF LIABILITY: THE DISTRIBUTOR AND/OR HARMAN SHALL NOT BE LIABLE TO YOU FOR ANY LOSSES WHATSOEVER OR HOWSOEVER CAUSED (REGARDLESS OF THE FORM OF ACTION) ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH: (I) AMOUNTS DUE FROM OTHER USERS OF THE PLATFORM IN CONNECTION WITH THE PURCHASE OF ANY PRODUCT; (II) THE SALE OF THE PRODUCTS TO YOU, OR ITS USE OR RESALE BY YOU; AND (III) ANY DEFECT ARISING FROM FAIR WEAR AND TEAR, WILFUL DAMAGE, MISUSE, NEGLIGENCE, ACCIDENT, ABNORMAL STORAGE AND OR WORKING CONDITIONS, ALTERATION OR MODIFICATION OF THE PRODUCTS OR FAILURE TO COMPLY WITH THE DISTRIBUTOR’S AND/OR HARMAN’S INSTRUCTIONS ON THE USE OF THE PRODUCTS (WHETHER ORAL OR WRITTEN).
12. General
12.1 Right of the Distributor and Harman to subcontract: The Distributor and Harman shall be entitled to delegate and/or subcontract any rights or obligations under these Terms & Conditions of Sale to third parties such as designated service providers, subcontractors and/or agents appointed by the Distributor and/or Harman.
12.2 Cumulative rights and remedies: Unless otherwise provided under these Terms & Conditions of Sale, the provisions and Customer’s rights and remedies herein are cumulative and are without prejudice to the Distributor and Harman. In addition to any rights or remedies the Distributor and Harman may have in law or in equity, and no exercise by the Distributor and/or Harman of any one right or remedy under these Terms & Conditions of Sale or at law or in equity, shall operate so as to hinder or prevent Distributor’s exercise of any other such right or remedy as at law or in equity.
12.3 No waiver: Any failure on the part of the Distributor and/or Harman to enforce these Terms & Conditions of Sale shall not constitute a waiver of these terms, and such failure shall not affect the right and remedies of the Distributor to enforce these Terms & Conditions of Sale. The Distributor and Harman reserve its rights and remedies in all situations where the Customer is deemed to breach any part of these Terms & Conditions of Sale.
12.4 Severability: If at any time, any provision of these Terms & Conditions of Sale shall be, or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms & Conditions of Sale.
12.5 Rights of third parties: A person or entity who is not a party to these Terms & Conditions of Sale shall have no right under the Contracts in any jurisdiction to enforce any term of these Terms & Conditions of Sale, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of these Terms & Conditions of Sale.
12.6 Governing law: These Terms & Conditions of Sale shall be governed by, and construed in accordance with the laws of Singapore and you hereby submit to the exclusive jurisdiction of the Singapore courts.
12.7 Arbitration: Save as to any provisions found herein, any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof shall be first attempted by settlement between the Distributor and the Customer. The dispute may be escalated to and be settled by arbitration in accordance with the Rules for Arbitration. The place of arbitration shall be Indonesia. Any award by the arbitration tribunal shall be final and binding upon the parties.
12.8 Injunctive relief: Distributor may seek immediate injunctive relief if the Distributor makes a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.
12.9 Amendments: The Distributor may vary the terms and conditions of these Terms & Conditions of Sale, with such variation to immediately take effect on the Date of Implementation by the Distributor. If you use the Platform or the Services after such Date of Implementation, you are deemed to have accepted such variation. If you do not accept the variation, you must stop access or using the Platform and the Services and terminate these Terms & Conditions of Sale. The Distributor’s right to vary these Terms & Conditions of Sale in the manner aforesaid will be exercised with the joint involvement of Harman (either via the Portal or such other means as Harman prescribes) and subject to the foregoing, may be exercised without the consent of any person or entity who is not a party to these Terms & Conditions of Sale. The version of Terms & Conditions of Sale applicable to any particular Order is the latest version in force.
12.10 Correction of errors: Any typographical, clerical or other error or omission in any acceptance, invoice or other document on Distributor’s part shall be subject to correction without any liability on Distributor’s part.
12.11 Currency: Money references under these Terms & Conditions of Sale shall be in Indonesian Rupiah.
12.12 Language: These Terms of Sale are made in both the English language and the Indonesian language. Both texts are equally valid. In case of any inconsistency or different interpretation between the English text and the Indonesian text, the English text shall be the prevailing language and the relevant Indonesian text shall be deemed to be automatically amended to conform with, and to make it consistent with, the relevant English text.
12.13 Entire agreement: These Terms & Conditions of Sale shall constitute the entire agreement between you and the Distributor and/or Harman relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.
12.14 Binding and conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by the Distributor or its service providers relating to or in connection with the Platform and Services shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between the Distributor and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.
12.15 Subcontracting and delegation: The Distributor and/or Harman reserve the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Terms & Conditions of Sale and reserves the right to use any service providers, subcontractors and/or agents on such terms as it deems appropriate.
12.16 Assignment: You may not assign your rights under these Terms & Conditions of Sale without prior written consent issued to you by the Distributor and/or Harman. The Distributor may assign its rights under these Terms & Conditions of Sale to any third party only upon written consent issued by Harman.
12.17 Force Majeure: Distributor and Harman shall not be jointly and severally held responsible or liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms & Conditions of Sale (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform’s and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond reasonable control.
Schedule 1 – Definitions and Interpretation
(A) Definitions
Unless the context otherwise requires, the following expressions shall have the following meanings in these Terms of Use:
1.1 “Business Day” means a day (excluding Saturdays and Sundays) on which banks generally are open for business in Singapore.
1.2 “Customer” shall be interpreted as an authorised user of the Platform and/or the Services and is subject to Clause 1.24 below.
1.3 “Customer Contract” is as defined in Clause 2.3.4 of these Terms.
1.4 “Distributor” shall be known and identified as [.] and shall also be the Seller/Retailer supplying the Products to the Customer.
1.5 “Intellectual Property” shall be defined as Intellectual Property Rights owned by Harman International Industries, Incorporated, inclusive of all copyright, patents, utility innovations, trade marks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, software, software codes, mobile applications, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.
1.6 “Harman” refers to Harman International Industries, Incorporated, and having its registered address at 400 Atlantic Street, 4th Floor, Stamford, Connecticut, 06901 United States and its affiliates, entities and/or subsidiaries.
1.7 “Listing Price” means the price of Products listed for sale to Customers, as stated on the Platform.
1.8 “Losses” means all losses, actual or special, settlement sums, costs (including legal fees and expenses on a solicitor-client basis), charges, expenses, actions, proceedings, claims, demands and other liabilities, whether foreseeable or not.
1.9 “Order” refers to submitted order for Products by the Customer, sent through the Platform in accordance with the Terms & Conditions of Sale.
1.10 “Password” refers to the valid password provided by the Customer who sets up an account with the Distributor on the Platform for such purposes allowing the Customer to reasonably use and access, to place an order or track purchases, on the relevant Platform and/or Services provided thereat.
1.11 “Personal Data” refers to data, whether true or not, that can be used to identify, contact or locate you. Personal Data can include your name, e-mail address, billing address, shipping address, phone number and credit card information.
1.12 “Platform” refers to web and mobile versions of the website operated and/or owned by JBL which is presently located at the following URL: https://jblstore.co.id; and (b) the mobile applications made available from time to time by Harman, including the iOS and Android versions.
1.13 “Product” / “Products” refer to product (including any installment of the product or any parts thereof) available for sale to Customers on the Platform.
1.14 “Product Warranty” means a product (including any installment of the product or any parts thereof) available for sale to Customers on the Platform for a specified period of time defined in these Terms.
1.15 “Return Policy” means the return policy set out at JBL SG Returns Policy.
1.16 “Third Party Vendor” means a non-contracting party to these Terms, an agent appointed by the Distributor to facilitate the sale process, and with limited rights granted to the Agent to use the Platform and/or Services to sell Products to Customers.
1.17 “Services” means services, information and functions made available by the Distributor on the Platform.
1.18 “Terms & Conditions of Sale” means all applicable Clauses found herein, and any Schedules set herewith these terms and conditions.
1.19 “Terms of Use” means the terms and conditions governing the Customer’s use of the Platform and/or Services and are set out at Terms of Use.
1.20 “Trademarks” means the trademarks, service marks, trade names and logos used and displayed on the Platform.
1.21 “Username” refers to the unique login identification name or code which identifies a Customer who has an account with the Distributor set via the Platform.
1.22 “Voucher” means a voucher for credit which may be used by a Customer, subject to other terms and conditions, towards the payment of purchases on the Platform.
1.23 “Voucher Terms & Conditions” are set out at https://www.JBL.sg/voucher-terms-of-use/.
1.24 “You”, “you”, “Your” and “your” refer to the individuals at least the age of 21 or otherwise under the supervision of a parent or legal guardian.
(B) General Interpretation
(i) Any reference in these Terms & Conditions of Sale to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. In these Terms & Conditions of Sale, whenever the words “include”, “includes” or “including” are used, they will be deemed to be followed by the words “without limitation”.
(ii) Unless expressly indicated otherwise, all references to a number of days mean calendar days, and the words “month” or “monthly” as well as all references to a number of months means calendar months.
(iii) Clause headings herein shall not affect the interpretation of these Terms & Conditions of Sale. In the event of a conflict or inconsistency between any two or more provisions under these Terms & Conditions of Sale, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in favour of the Distributor and Harman, and the provision which is more favourable to Distributor and Harman shall prevail.
Terms of Use of Customization
Harman International Industries, Incorporated, and all its affiliates (“Harman”) and its official distributor, PT. Inti Megah Swara, in Indonesia, reserve the right to request more information about the uploaded image, or to reject any image or cancel the order if the uploaded image is found to breach any of the above guidelines. By proceeding, you expressly understand and agree that Harman assumes no responsibility in verifying the rightful use of any uploaded images, and shall not be held responsible for damages, whether incidental or otherwise, over its discretion to cancel the order. If your submission is not accepted, you will receive an order cancellation email.
You must own and/or have rights to use any files you upload. Most images found on the internet are copyright protected, and such protected images must not be uploaded. You shall be deemed to have conducted your own due diligence before uploading any image. By uploading the image, you hereby expressly agree (1) to indemnify Harman International Industries, Incorporated and all its affiliates, and you shall assume all liability and responsibility for the upload including, but not limited to, defending against all legal actions, bear all costs and damages payable to the aggrieved party/parties in such actions that the image be submitted to a third party, or an external vendor for the purpose of use and processing the final product.
By uploading the image(s), you hereby expressly agree the image(s) are:
- personal photos without copyrighted content (images taken personally by yourself, family photographs, or personal mementos)
- your own artwork without copyrighted content (works of your own creation or works for which you own the authorship to the copyrighted artwork)
- any image or artwork expressly licensed to you for use and reproduction by the actual copyright holder, and such license is still valid at the time of submission.
- for optimal reproduction, images should be lighter in colour, as the final print may be slightly darker than the original image.
- not content featuring people, celebrities, or public figures whose permission you do not have to upload the image
- not logos featuring professional or government entities, organizations, education institutions, or mascots;
- not image containing flags, insignia, emblems, coat of arms, national symbols.
PT. Inti Megah Swara shall endeavour to match the original product colors as closely as possible. Please note that actual colors may vary slightly due to differences across screens and digital platforms. Once this order is placed, all sales are final and cannot be cancelled or refunded.
By submitting the customization form, you confirm that you have read, understood, and agree to the JBL Customization Terms and Conditions. I agree to the processing of my personal data provided above in connection with JBL Customization and agree to receive marketing communications from PT. Inti Megah Swara (JBL Indonesia) and our related entities, affiliates, subsidiaries, and/or agents via email, phone, SMS, or other electronic means. These communications may include information about our products, services, promotions, and special offers. Your personal information will be processed in accordance with our Privacy Policy. You may withdraw your consent to receive marketing communications at any time by emailing us at [email protected].
