Thank you for visiting CadddyPick (“CaddyPick”). Please read the
Terms
and Conditions contained in this document carefully since any use of CaddyPick constitutes your
acceptance
of the Terms and Conditions set out herein. If you do not agree to these terms and conditions,
please do not
use CaddyPick.
Throughout CaddyPick, the terms “we”, “us”,
“our”, and “CaddyPick” refer to PT. Garasi Digital
Teknologi(“TechGarage”). “You” refers to any person accessing and/or using
CaddyPick.
Please Note: These terms and conditions may be revised by TechGarage
by updating this
posting – Please read them carefully.
Service Overview
The purpose of CaddyPick is to operate an application catering to
golfers and
caddies, providing caddy booking services and an evaluation system.
Privacy Notice
Any personal information or material sent to CaddyPick are subject to
the terms and
conditions set out in our Privacy
Policy. We encourage you to read and refer to it before you submit
any
personal information to CaddyPick. The Privacy
Policy is a part of these terms and conditions.
Registration
(1) Individuals who wish to use this service may apply for new
membership by
agreeing to comply with these terms and conditions and completing the required registration
information on
the designated form. Upon approval by TechGarage, the applicant will become a registered
caddy.
(2) Individuals deemed by TechGarage to fall under any of the
following categories
may not become caddies on this service. Additionally, if a registered caddy is found to fall
under any of
the following categories at any time, the caddy will automatically lose their caddy
qualification without
any notification from TechGarage. In such cases, TechGarage may also reject or cancel caddy
registrations
without any obligation to disclose the reasons or provide compensation for damages.
1.Individuals who are not employed as caddies at golf courses.
2.Individuals associated with organized crime, including but not
limited to gang
members, quasi-members, companies affiliated with gangs, violent social movements, or groups
promoting or
engaging in violent illegal activities collectively or habitually (referred to as "anti-social
forces"). This also includes individuals with relationships that are socially condemned, such as
those
involved in funding activities.
3.Individuals suspected of engaging in or involved in transactions
related to the
concealment or receipt of criminal proceeds as defined by the Act on Punishment of Organized
Crimes and
Control of Crime Proceeds.
4.Individuals associated with organizations that violate public order
and
morals.
(3) Caddies must promptly notify TechGarage of any changes to their
registration
information using the prescribed method determined by TechGarage.
(4) TechGarage shall not be held responsible for any damages or
disadvantages
incurred by the caddy due to the caddy's failure to provide timely notification of changes as
mentioned
in the preceding paragraph.
Caddy's Booking Fee
TechGarage imposes a booking fee on golfers for caddy services. The
booking fee will
be divided between TechGarage and the caddy, with TechGarage remitting 50% of the fee to the
caddy after
deducting applicable taxes and administrative fees.
The determination of caddy booking fees will be automated based on
predetermined
rules within CaddyPick. These rules primarily consider golfer review data and will be shared
with caddies.
TechGarage reserves the right to modify the rules governing the calculation of booking fees at
its
discretion.
Caddy's Responsibility and Priority of Bookings
Caddies are responsible for the proper management of bookings made
through CaddyPick.
If a golfer books a specific caddy through CaddyPick, that reservation must take precedence.
Golfer Reviews for Service Enhancement
TechGarage offers a review feature within CaddyPick, allowing golfers
to provide
feedback on their caddy experience. TechGarage has the right to publish these reviews within the
app,
irrespective of their nature. All golfer reviews will be shared with the respective golf courses
to
contribute to enhancing their service quality. Golf courses can access review data through the
CaddyPick
dashboard system.
Withdrawal of Booking Fees
TechGarage collects booking fees from golfers and will remit 50% of
the fee to the
caddy after deducting taxes and administrative fees. To request a withdrawal, caddies must
submit a
withdrawal request through the app to TechGarage. TechGarage will transfer the fee to the
caddy's
designated bank account within 5 business days of receiving the request. For efficient payment
processing,
TechGarage has established a minimum withdrawal amount for caddies.
Accuracy, completeness and timeliness of information
We are not responsible if the information that we make available on
CaddyPick is not
accurate or complete. Any reliance upon the material on CaddyPick shall be at your own risk. You
agree that
it is your responsibility to monitor any changes to the material and the information contained
on
CaddyPick.
Submissions to this Site
Any non-personal communication or material you submit to CaddyPick by
electronic
mail, upload, or otherwise, including any data, questions, comments, reviews, suggestions or the
like
(“Submissions”) are, and will be treated as, non-confidential and non-proprietary. Anything you
submit or post becomes the property of and CaddyPick may use and reproduce such Submission
freely, and
for any purpose. Specifically, CaddyPick is free to use for any purposes whatsoever (including
but not
limited to the developing, manufacturing, advertising and marketing of products) any ideas,
artwork,
inventions, developments, suggestions, reviews or concepts contained in any Submission you send
to
CaddyPick. Any such use is without compensation to the party submitting information. By making a
Submission,
you are also warranting that you own the material/content submitted, that it is not defamatory
and that
CaddyPick’s use will not violate any third party’s rights or otherwise place us in breach of any
applicable laws. CaddyPick is under no obligation to use the information submitted.
Intellectual Property Rights
All copyright, trademarks and other intellectual property rights in
all text, images
and other materials on CaddyPick are the property of CaddyPick or are included with the
permission of the
relevant owner.
You are permitted to browse CaddyPick, reproduce extracts by way of
printing,
downloading to a hard disk or for the purposes of distribution to other individuals. This is
only to be done
on the proviso that you keep intact all copyright and other proprietary notices and that the
trademark
notice below appears on such reproductions. No reproduction of any part of CaddyPick may be sold
or
distributed for commercial gain nor shall it be modified or incorporated in any other work,
publication or
App & Website.
The trademarks, logos, characters and service marks (collectively
“Trademarks”) displayed on CaddyPick belong to PT. Garasi Digital Teknologi which licenses such
use to CaddyPick. Nothing contained on CaddyPick should be construed as granting any license or
right to use
any Trademark displayed on CaddyPick . Your use/misuse of the Trademarks displayed on CaddyPick,
or on any
other content on CaddyPick, except as provided for in these Terms and Conditions, is strictly
prohibited.
You are also advised that CaddyPick will vigorously enforce its intellectual property rights to
the fullest
extent of the law.
Links to Other App or Websites
Links on the CaddyPick App & Website may take you outside the
CaddyPick network
and systems and CaddyPick accepts no responsibility for the content, accuracy or function of
these other
third party Apps & Websites. The links are provided in good faith and CaddyPick cannot be
held
responsible for any subsequent change in other third party Apps & Websites to which we
provide a link.
The inclusion of any link to other Apps & Websites does not imply endorsement by CaddyPick.
We highly
recommend that you make yourself aware of and carefully read the legal and privacy notices of
all other Apps
& Websites that you visit.
Warranties and Disclaimers
Your use of CaddyPick is at your own and exclusive risk.
Warranties
CaddyPick is provided to you on an “as is” and “as available”
basis and, consequently, CaddyPick makes no warranties of any kind, whether express, implied,
statutory or
otherwise, including but not limited to the implied warranties of merchantability or
satisfactory quality
and fitness for a particular purpose) including warranties or representations that material on
CaddyPick
will be complete, accurate, reliable, timely, non-infringing to third parties, that access to
CaddyPick will
be uninterrupted or error-free or free from viruses, that CaddyPick will be secure, that any
advice or
opinion obtained from CaddyPick through CaddyPick is accurate or to be relied upon and any
representations
or warranties thereto are accordingly expressly disclaimed.
Please note that some jurisdictions may not allow exclusions of
implied warranties,
so some of these exclusions may not apply to you. Please check your local laws.
We reserve the right to restrict, suspend or terminate without notice
your access to
CaddyPick or any feature of CaddyPick or any feature or part thereof at any time.
Limitation of Liability
CaddyPick and/or any other party
involved in the
creating, producing or delivering CaddyPick on our behalf shall have no liability or any
responsibility
whatsoever for any direct, incidental, consequential, indirect, special or punitive damages,
costs, losses
or liabilities whatsoever and howsoever arising out of your access to, use, inability to use,
change in
content of CaddyPick or arising from any other App & Website you access through a link from
CaddyPick or
to the extent permitted by applicable law, from any actions we take or fail to take as a result
of any
electronic mail messages you send us.
CaddyPick shall have no responsibility to maintain the material and
services made
available on CaddyPick or to supply any corrections, updates, or releases in connection
therewith. Any
material on CaddyPick is subject to change without notice.
Further, CaddyPick shall have no liability or any responsibility
whatsoever for any
loss suffered caused by viruses that may infect your computer equipment or other property by
reason of your
use of, access to or downloading of any material from CaddyPick. If you choose to download
material from
CaddyPick you do so at your own risk.
Although CaddyPick may from time to time monitor or review
discussions, chats,
postings, transmissions, bulletin boards, and the like on the App & Website, CaddyPick is
under no
obligation to do so and assumes no responsibility or liability whatsoever arising from the
content of any
such locations including but not limited to any error, defamation, libel, slander, omission,
falsehood,
obscenity, pornography, profanity, danger or inaccuracy contained in any information within such
locations
on the Site.
To the maximum extent permitted by applicable law, you expressly
waive all claims
against CaddyPick, its officers, directors, employees, suppliers and programmers that may arise
from your
use or access of CaddyPick.
Prohibited Activities
You are prohibited from doing any act that CaddyPick in its absolute
discretion may
deem to be inappropriate and/or would be deemed to be an unlawful act or is prohibited by any
laws
applicable to CaddyPick including but not limited to:
• Any act that would constitute a breach of either the privacy
(including
uploading private information without the concerned individual’s consent) or any other of the
legal
rights of individuals
• Using CaddyPick to defame or libel CaddyPick, its employees or
other
individuals or acting in such a way that brings into disrepute the good name of
CaddyPick;
• Uploading files that contain viruses that may cause damage to the
property of
CaddyPick or the property of other individuals; and
Posting or transmitting to CaddyPick any non-authorized material
including but not
limited to material that is in our opinion likely to cause annoyance, detrimental to or in
violation of
CaddyPick’s or any third party systems or network security, libelous, defamatory, racist,
obscene,
threatening, pornographic, profane or is otherwise unlawful.
Using Payment Services
CaddyPick charges a fee for certain services such as booking caddies.
Our prices are
quoted in Indonesian Rupiah, and we may change them from time to time. We may choose to change
our fees for
promotional events or new services temporarily, and these changes become effective when we
announce the
promotional event or new service.
You are responsible for paying CaddyPick fees when they are due. If
you do not,
without prejudice to any other right or remedy we may be entitled to under these Terms of Use or
by law, we
may limit your ability to use the services.
Credit card and CaddyPick balance payments are processed via the
electronic payment
system Stripe or Midtrans. CaddyPick only stores necessary information required to make a
purchase. Your
credit card information is NOT stored by us and is always processed across a secure server,
using Stripe or
Midtrans the online payment provider.
By agreeing to these terms and conditions, the user automatically
agrees to the
former conditions as well as Stripe or Midtrans’s Privacy Policy that applies to processing of
data
collected by Stripe or Midtrans for the purpose of processing payments on the Site. Please visit
stripe.com
/ midtrans.com in order to access all applicable conditions.
We shall not be liable for the acts or omissions of such third party
payment service
providers. You shall be solely responsible for the transmission of information connected to your
credit or
debit card, or Paypal and we hereby exclude all liability to the extent permitted by law.
Note that any payment you have made for any of our services will not
be refunded if
your account is terminated as a result of breach to these Terms.
Mobile Services
If CaddyPick permits or makes available to you the ability to: (a)
upload content to
the App & Website via your mobile telephone and/or tablet (‘mobile device”), (b) receive and
reply to messages, or to access or make posts using text messaging, (c) browse the site from
your mobile
device or (d) to access features through a mobile application you have downloaded and installed
on your
mobile device (collectively “Mobile Services”), your mobile carrier’s standard data,
Internet, messaging and other service fees and charges apply to your use of, and access to, the
Mobile
Services, and you are solely responsible for all such fees and charges. The Mobile Services may
not be
compatible with all mobile devices, carriers, and services, and CaddyPick does not make any
representations
or warranties regarding such compatibility. You are solely responsible for ensuring that your
mobile device
is compatible with the type of content being provided through the Mobile Services. You
understand that
content delivered as part of the Mobile Services may be delivered to your device through premium
mobile
services and acknowledge that you are solely and exclusively responsible for any charges for
such services,
including but not limited to any roaming charges.
You may be given the option to register to receive commercial
messages from CaddyPick
via your mobile device. You understand that you may be charged by your wireless service provider
in
connection with the receipt of such messages. You may “opt out” of receiving future messages by
following the instructions provided (i) in the wireless messages or (ii) on the App &
Website where you
registered to receive such messages.
Modification and Termination of the Service
TechGarage reserves the right to modify the content of this service
or terminate its
provision at its discretion. In the event that TechGarage decides to terminate the provision of
this
service, it will provide advance notice to the members.
Service Interruption
TechGarage may interrupt the provision of all or part of this service
without prior
notice or notification to members in the following circumstances:
1.When conducting regular or emergency inspections or maintenance of
servers,
communication equipment, communication lines, systems, etc. (referred to as "servers, etc.")
involved in providing this service.
2.When an outage occurs in all or part of the servers, etc. due to
reasons beyond the
control of TechGarage, including cases where the cause of the outage is unknown.
3.When TechGarage determines that continuing the provision of this
service may result
in damage to members or third parties due to unauthorized access, tampering, hacking, or other
illegal
access to data related to the provision of this service.
4.When the operation of this service becomes difficult due to
circumstances such as
fire, power outage, epidemic, natural disasters, or other force majeure events.
5.When TechGarage determines that it is necessary to interrupt the
provision of this
service for other reasons.
TechGarage shall not be liable for any damages incurred by members or
any third
parties as a result of the interruption of this service. In such cases, TechGarage shall not
have any
obligation to refund the received fees or any other monetary amounts from the members.
Service Suspension and Membership Cancellation
(1) TechGarage reserves the right to suspend or cancel the use of all
or part of this
service by a member without prior notice or notification in the following circumstances:
1.When a member violates or is deemed likely to violate any provision
of these terms
and conditions.
2.When there are false, omitted, or inaccurately stated information
in the
member's registration details.
3.When it is discovered that the member's previous registration for
this service
has been canceled.
4.When the member's actions hinder or may hinder the operation of
this app or the
provision of this service, as determined by TechGarage.
5.In addition to 1 and 2, when TechGarage determines that the
member's use of
this app is inappropriate.
6.When the member suspends or becomes unable to make payments, or
when bankruptcy
proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special
liquidation
proceedings, or similar procedures are initiated.
7.When the member fails to respond to inquiries or requests for a
period of one month
or longer from TechGarage, or when contact cannot be established with the member without prior
notification
to TechGarage.
8.In other cases where TechGarage deems that the member's continued
use of this
service or membership is inappropriate.
(2) If a member falls under any of the reasons stated in (1) clauses
1 to 6, the
member automatically loses the benefit of any deadlines for all debts owed to TechGarage and
must
immediately make full payment of all outstanding debts to TechGarage.
(3) TechGarage shall not be held responsible for any damages incurred
by members or
any third parties as a result of the suspension of the member's use of this service or the
cancellation
of membership based on (1). In such cases, TechGarage shall not have any obligation to refund
the received
fees or any other monetary amounts from the members.
Membership Cancellation
(1) Members may cancel their membership and have their registration
removed from this
service at any time by following the procedures specified by TechGarage. In this case,
TechGarage shall not
have any obligation to refund the received fees or any other monetary amounts from the
members.
(2) Upon cancellation of membership from this service, if a member
has any
outstanding debts to TechGarage, the member automatically loses the benefit of any deadlines for
all such
debts and must immediately make full payment of all outstanding debts to TechGarage.
(3) When a member cancels their membership, all registration
information, profile
information, and any other member-related information will be deleted. Please be aware of
this.
Jurisdiction and governing law
CaddyPick is located in and operated
from Indonesia.
Your use and access to CaddyPick will be governed by the laws of Indonesia. For information
regarding how we
treat data collection and the transfer of personally identifiable information from countries or
jurisdictions outside Indonesia, please review our Privacy
Policy.
You and CaddyPick agree that any controversy or claim arising from or
pertaining to
the use of CaddyPick shall be governed by the laws of the State of Jakarta, Indonesia, without
giving effect
to its choice-of-law provisions, and be submitted to the exclusive jurisdiction of the courts of
Jakarta,
Indonesia.
Legal notice update
We reserve the right to make any changes and corrections to this
notice. Please refer
to this page from time to time to review these and new additional information.
