TERMS & CONDITIONS


  1. Introduction
  2. 1.1

    Welcome to Trofi Service ("Trofi Service"). Trofi Service is a Point of Sales and Inventory management system, designed to serve food & beverages industry. Trofi Service is provided by PT Onstock Solusi Indonesia ("Trofi"). This terms and conditions is between Trofi and you, either individually, or on behalf of your employer or any other entity which you represent ("you" or “your). If you are a Trofi Service user, after reading and understanding these Terms, you agree to these Terms on behalf of your employer or any other entity. If you wish to stop using Trofi Service, then you can contact us through hello@trofiapp.id.

    BY USING THE TROFI SERVICE, YOU PROVIDE UNREVOCABLE ACCEPTANCE AND APPROVAL OF THE TERMS OF THIS AGREEMENT, INCLUDING ADDITIONAL TERMS AND CONDITIONS AND POLICIES MENTIONED HERE AND/OR RELATED HERE.

    IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE APPLICATION.

  3. Privacy
  4. 2.1
    Your privacy is very important to us at Trofi. To better protect your rights we have provided Privacy Policy Trofi to explain our privacy practices in detail. By using or providing information on the Trophy Services, you:
    • You agree to the action of Trofi to collect, use, disclose and/or process your content, personal data and information.
    • You also agree and acknowledge that the ownership rights to the information are jointly owned by You and Trophy; and
    • Trofi will not, either directly or indirectly, disclose your Information to a third party or allow a third party to access or use your Information without prior written consent from Trofi.

    2.2

    Users who have other users; personal data through the use of the Trofi Service ("Receiving Party") hereby agree that they will (i) comply with all applicable personal data protection laws in relation to such data; (ii) allow the User whose personal data has been collected by the Receiving Party ("Disclosing Party") to delete their data that has been collected from the Receiving Party's database; and (iii) allow the Disclosing Party to review any information that has been collected about them by the Receiving Party, in each case (ii) and (iii) above, carried out in accordance with and when required by applicable law.

  5. Account, Password, and Security
  6. 3.1
    You agree that for any reason, Trofi is authorized, with or without prior notification to you or another third party, to take necessary action for alleged violations or violations of these Trofi Terms of Service and/or applicable law, including account blocking. Users are prohibited from creating and/or using tools, devices and/or features that aim to manipulate the Trophies Service, including but not limited to:
    • data manipulation;
    • scraping/crawling;
    • automation activities in transactions;
    • other activities that can reasonably be assessed as system manipulation actions.

    3.2
    The User agrees to ensure that the User exits from the account at the end of each session and notifies Trophies of any unauthorized use of the User's password or account. The User is personally responsible for maintaining the confidentiality of the account and password for all activities in the User's account. The User hereby declares that Trofi is not responsible for any losses or problems arising from misuse of the User's account resulting from the User's negligence, including but not limited to:
    • Lending or giving account access to others,
    • Accessing links provided by others,
    • Giving or showing OTP verification codes, passwords or emails to others,
    • Other User's negligence resulting in losses or problems with the User's account

  7. Service Fee
  8. 4.1

    The Trofi Service will charge a service fee for some features available on the application. If users make digital payments to transact through the Trofi application, then the Trofi Service will impose a deduction of 1% (percent) of the transaction value made.

    4.2

    Digital payments must be completed until the pop-up closes automatically. Because if not, it means there is a disruption and it still needs to be resolved. Trofi Team suggests using other payment methods if so. Users are responsible for ensuring all online payments are successfully completed. Trofi Team will not be responsible for refunds on transactions that are not completed due to disruptions.

    4.3

    The fees listed in the system are final and cannot be negotiated by the user.

    4.4

    Trofi reserves the right at any time to be able to change the rate used in determining the membership fee without prior approval from the user.

  9. Hardware Sales
  10. 5.1

    Trofi sells supporting devices (Hardware) that can enhance user productivity in using Trofi Services. An example of Hardware sold by Trofi is a Receipt Printer.

    5.2

    Trofi services can still be used without using the previously mentioned hardware.

    5.3

    Trofi sells hardware retail, where users can contact Trofi customer service to have an invoice created for the desired hardware purchase.

    5.4

    Trofi will send the Hardware to the user no later than 2 x 24 hours after the payment is confirmed by Trofi.

  11. Liabilities, Representations, and Warranties
  12. 6.1

    No provision in Trofi’s Terms of Service exempts the User from any obligation, liability, declaration or warranty to buyers, suppliers, and other parties.

    6.2

    Trofi Service and all User data managed through the Trofi feature will be subject to confidentiality policy in accordance with Trofi's Privacy Policy.

    6.3

    User agrees to indemnify, defend and hold harmless Trofi, and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-brand owners and other partners, and employees (collectively the "Indemnified Parties") from and against any and all claims, legal actions (including but not limited to civil and criminal legal actions), proceedings, and claims and all matters relating to liabilities, losses, settlements, penalties, fines, costs and expenses (including, without limitation, any other settlement costs) incurred by the Indemnified Parties arising out of or relating to: (a) your violation of any provision of these Trophy Terms of Service or any policies or guidelines referenced herein, (b) your use or misuse of the Service, (c) your violation of any law or third party rights or (d) any Content uploaded by you.

  13. Refusal of Warranties and Limitation of Liability
  14. 7.1
    Trofi is a web portal company that provides a platform for providing services to users. Trofi always strives to keep the Trofi Services safe, secure, and functioning properly, but we cannot guarantee that continuous operation or access to the Trofi Services will always be perfect. The information and data in the Trophy Service may not occur in real time. The User agrees that utilizing the Trophy Services is at the User's own risk, and the Trophy Services are provided to the User on an "AS IS" and "AS AVAILABLE" basis. To the extent permitted by applicable law, Trophies (including its parent company, directors and employees) is not responsible, and the User agrees not to hold Trophies liable, for any damage or loss (including but not limited to loss of money, reputation, profits, or other intangible losses) resulting directly or indirectly from:
    • The User's use or inability to use the Trofi Service.
    • Negligence and losses incurred by the User.
    • Infringement of Intellectual Property Rights.
    • Defamation of another party.
    • Viruses or other malicious software (bots, scripts, hacking tools) obtained by accessing, or connecting to the Trofi Service.
    • Damage to the User's hardware from using the Trofi Service.
    • Enforcement actions taken in relation to the User's account.
    • Any hacking action taken by a third party to the User's account.

    7.2

    At any time terminate this cooperation, at the sole discretion of PT. Onstock Solusi Indonesia and/or according to the financial condition of PT. Onstock Solusi Indonesia, without any compensation to you. You release PT Onstock Solusi Indonesia from any lawsuits, demands, claims and/or losses suffered by you for the termination of the cooperation.

  15. Issue Handling
  16. 8.1

    In the event that a problem arises, the User agrees to first communicate with Trofi to resolve the problem on the basis of mutual discussion, which Trofi will use reasonable commercial efforts to facilitate. If the matter cannot be resolved on the basis of mutual discussion, the User may go to the court of claims in the jurisdiction of the Republic of Indonesia to resolve any issues arising from a transaction.

    (collectively referred to as "Purpose")
    8.2

    As the purposes for which we will/may collect, use, disclose or process your personal data depend on the circumstances, they may not be listed above. However, we will inform you of such other purposes at the time of obtaining your consent, unless the processing of the applicable data without your consent is permitted by the Privacy Act.

  17. Renewal
  18. 9.1

    Trofi's terms of service may be changed and/or updated without prior notice, therefore Trofi encourages Users to read carefully and check this Trofi Terms of Service page from time to time to find out any changes. Users who continue to access and use Trofi Services are deemed to agree to changes in these Trofi Terms of Service.

  19. Disclaimer
  20. 10.1

    TROfi SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTY, CLAIM OR REPRESENTATION OF ANY KIND MADE BY TROfi IN ANY FORM WHETHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE,

    10.2

    NOR ARE ANY WARRANTIES MADE DURING THE RELATIONSHIP, DURING THE CONDUCT OR USE OF THE TRADE. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TROPHY DOES NOT WARRANT THAT THE TROFI SERVICE, OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS TROFI SERVICE AND/OR THE SERVER THAT ENABLES THIS TROFI SERVICE TO BE AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKOUTS, DROP DEAD DEVICES, TROJAN HORSES, ROUTING, TRAPDOORS, TIME BOMBS OR ANY OTHER HARMFUL CODE, INSTRUCTIONS, PROGRAMS OR COMPONENTS.

    10.3

    YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING FROM THE USE OR PERFORMANCE OF THE TROFI SERVICE AND/OR THE SERVICE REMAINS WITH YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

    10.4

    TROFI HAS NO CONTROL OVER AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DOES NOT WARRANT OR ASSUME RESPONSIBILITY FOR THE FITNESS FOR PURPOSE, EXISTENCE, QUALITY, SAFETY OR LEGALITY OF ITEMS AVAILABLE THROUGH THE TROFI SERVICE; TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE USER RELEASES TROFI AND ITS AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN CONNECTION WITH SUCH MATTERS.

  21. Exclusion and Limitation of Liability
  22. 11.1
    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL TROPHY BE LIABLE WHETHER IN TERMS OF CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE (WHETHER WHETHER ACTIVE, PASSIVE OR IMPLIED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORIES), OR ANY OTHER CAUSE OF LEGAL ACTION, IN EQUITY, BY LAW OR OTHERWISE, FOR:
    • LOSS OF DATA
    • LOSS OF PROFIT
    • LOSS OF INCOME
    • LOSS OF GOOD WILL; OR
    • FAILURE TO REALIZE ANTICIPATED SAVINGS IN EACH CASE EITHER DIRECTLY OR INDIRECTLY; OR
    • ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE TROFI SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CONSEQUENTIAL DAMAGES, EVEN IF TROFI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    11.2

    YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO REQUEST TERMINATION OF YOUR ACCOUNT AND/OR STOP USING THE TROPHY SERVICE. IF, NOTWITHSTANDING THE PRECEDING SECTION, BY A COURT OF COMPETENT JURISDICTION TROFI IS FOUND LIABLE (INCLUDING FOR GROSS NEGLIGENCE), THEN, TO THE FULLEST EXTENT PERMITTED BY LAW, ITS LIABILITY TO YOU OR TO THIRD PARTIES IS LIMITED TO THE LESSER OF: (A) ANY AMOUNTS DUE AND PAYABLE TO YOU UNDER THE TRANSACTION; AND (B) RP 1,000,000 (ONE MILLION RUPIAH).

    11.3

    NOTHING IN THESE TERMS OF SERVICE SHALL LIMIT OR EXCLUDE LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY TROFI'S NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER LIABILITY ON THE PART OF TROFI THAT CANNOT BE LEGALLY LIMITED AND/OR EXCLUDED.

  23. Your Representations and Warranties
  24. 12.1
    You represent and warrant that:
    (a) you have the legal capacity, right and ability to bind yourself to these Trofi Terms of Service and comply with its terms; and
    (b) you will use the Trofi Service for lawful purposes only and in accordance with these Trofi Terms of Service and all applicable laws, rules, codes, directives, guidelines, policies and regulations.
  25. Detachment
  26. 13.1

    If any provision of these Trofi Terms of Service is held to be unlawful, void, or for any reason unenforceable under the laws of such jurisdiction, then such provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of such provisions under the laws of any other jurisdiction.

  27. Governing Law
  28. 14.1

    These Trofi Terms of Service shall be governed by and construed in accordance with the laws of the Republic of Indonesia, without regard to its conflict of law principles. Any matter, controversy, claim or difference arising out of or in connection with these Terms of Service against or relating to Trofi or any of the Indemnified Parties under these Terms of Service shall be referred to and finally resolved in arbitration in Indonesia in accordance with the Arbitration Rules of the Indonesian National Arbitration Board (BANI) then in effect, which rules are deemed incorporated by reference in this Section.

  29. General Provisions
  30. 15.1

    The Trofi reserves all rights not expressly granted herein.

    15.2

    Trofi may change these Terms of Service at any time by posting revised Terms of Service on this Trofi Service. Your use of the Trofi Service after such changes are posted shall be deemed to be your acceptance of such revised Terms of Service.

    15.3

    You may not assign, sublicense or otherwise transfer any of the rights granted to you herein or subcontract any of your obligations.

    15.4

    Nothing in these Trofi Terms of Service shall be construed as a partnership, joint venture or attorney-in-fact relationship between you and Trofi, nor does it authorize you to incur any costs or liabilities on behalf of Trofi.

    15.5

    Trofi's failure at any time or times to require performance of any provision of these Terms of Service shall not affect its right in any way at a later time to enforce such provision unless such provision is waived in writing.

    15.6

    These Trofi Terms of Service are solely for your and our benefit only and not for the benefit of any other person or entity, except for Trofi's affiliates and subsidiaries (and each successor and assign of Trofi and its affiliates and subsidiaries).

    15.7

    The provisions contained in these Trofi Service Terms and any agreements and policies incorporated or referred to in these Trofi Service Terms constitute the entire agreement and understanding between the parties with respect to the Trofi Service and supersede any prior agreements or understandings between the parties with respect thereto. The parties hereby also exclude all implied terms. In entering into the agreement formed by these Trophy Service Terms, the parties do not rely on any information, representation, warranty, understanding, undertaking, promise or guarantee other than those expressly set out in these Trofi Service Terms. Each party irrevocably and unconditionally waives all claims, rights and remedies that this section would otherwise have with respect to any matter in the foregoing. These Trofi Terms of Service may not be contradicted, explained or supplemented by evidence of any prior agreements, contemporaneous oral agreements or any consistent additional terms.

    15.8

    If you have any questions or concerns about Trofi Terms of Service or issues arising in the Trofi Service, please contact us at: hello@trofiapp.id.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL THE TERMS LISTED ABOVE AND ANY REVISIONS MADE THERETO THEREAFTER. BY CLICKING THE "REGISTER" BUTTON, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I MANUALLY SIGNED MY NAME.

Last updated: Thursday, 8 December 2022