Terms & Conditions

By utilizing, entering, or exploring the kimiakiosk.com website or any products, software, data files, and services provided to you on, from, or through the site or application associated with the domain or any sub-domain of Kimiakiosk and Kioskclub, which is operated and overseen by Kimiakiosk, its affiliates, successors, and/or assigns (hereafter denoted as "We" or "Company"), you have expressed your acceptance and approval of:

  1. General Terms and Conditions of Use and Access
  2. Terms and Conditions of Use and Access for Kimiakiosk:
  3. Terms and Conditions of Use and Access for Kioskclub:
  4. Content Guidelines on Beauty Journal:
  5. Other Terms that may be issued by the Company from time to time, including but not limited to any Privacy Policy and security policies related to the use and access of the Site that may be separately regulated ("Other Terms").

The terms and conditions mentioned in points (1) to (5) above collectively constitute a cohesive whole and are indivisible integral components from each other, hereinafter denoted as the "Terms and Conditions."

By using this Site, you agree to be bound by these Terms and Conditions.

We reserve the right to alter and amend these Terms and Conditions at any time. Your commitment to periodically review the terms is appreciated to stay informed about any alterations. By continuing to use Our Site, you acknowledge and consent to be bound by any such changes or revisions. If you do not agree with the adjustments and modifications, we kindly ask you to refrain from using Our Site.

Definition

"Account" serves as the digital identity of the User on the Site, comprising a username, email address, and password.

"Personal Data" encompasses information inherent to the individual User, covering details like name, address, telephone number, email address, credit card number, and bank account information. It also includes device location data, delivery history, shipped items, requested or purchased item descriptions, along with log information available on Our servers. This log information may consist of internet protocol address, device activity details, browser type, date and time of requests, referring URL, operating system, viewed page statistics, and other pertinent information.

"Business Day" denotes any day (excluding Saturdays or Sundays) when banks operate in Indonesia.

"Content" comprises data files, written text, computer software, scripts, graphics, photos, sounds, audio, music, videos, audiovisual combinations, interactive features, and other materials that users can view, access through, or contribute to the Services. The Services cover all aspects of Kimia Kiosk and Kiosk Club, including but not limited to products, software, features, and services offered through the Kimia Kiosk and Kiosk Club sites or any subdomains. This includes e-commerce platforms, video uploaders, video players, and other applications.

"User" represents any individual who registers on the Site to become a member of Kimia Kiosk, including but not limited to buyers and reviewers on the Site.

Site

A. The Terms and Conditions are applicable to every User of the Site, encompassing those who: (i) make purchases as buyers through the Site, (ii) engage in sales as sellers through the Site, and (iii) contribute Content on the Site. As a User, you have the permission to transmit, upload, or publish Content into or through the Site, acknowledging that the Company does not assure any confidentiality regarding the Content you submit, upload, or publish. The Site may include links to third-party sites not owned or controlled by the Company. The Company lacks control and responsibility for any Content, activities, or practices on those third-party sites. Furthermore, the Company cannot and will not censor or edit the content of any third-party site. Through your use of the Site, you explicitly release the Company from any liability arising from the use and data obtained from third-party sites.

B. Without prejudice to other provisions within the Terms and Conditions, in using and accessing the Site, you agree to the following:

  1. You commit not to distribute any part of the Site or its Content in any media without the prior written permission of the Company, unless the Company provides a means for further distribution through the functionality offered on the Site.
  2. You agree not to modify or alter any part of the Site but permit the Company to modify and edit Content for publication on the Site.
  3. You agree not to collect or obtain personally identifiable information, including account names on the Site.
  4. In using the Site, you agree to comply with all applicable laws and regulations.
  5. The Company retains the right to terminate any aspect of the Site at any time.
  6. You undertake not to disrupt, disable, or interfere with the security features of the Site or features available to prevent or restrict the use or copying of any Content or available features to enforce limitations on the use of the Site or related Content.
  7. You acknowledge that when using and accessing the Site, you may encounter or be exposed to Content from various sources, and the Company is not accountable for the accuracy, usefulness, security, or intellectual property aspects of or related to such Content. Furthermore, you understand and acknowledge that you may come across inaccurate, indecent, or inappropriate Content. In consideration of this, you agree to release and waive any legal rights or remedies you may have to sue or challenge the Company in relation to such matters. To the extent permitted by applicable law, you agree to indemnify and hold harmless the Company, owners, operators, affiliates, suppliers/contributors/license owners, and licensees.

Account on the website

A. To access and use the services provided by the Site, you must create an account on Kimia Kiosk. During the account creation process, you are required to provide information about yourself, such as personal data or contact details, which may include face recognition or voice recognition/voice recording. This information is part of the registration process on the Site or as part of your ongoing use of the Site. You agree and declare that all registration information provided through the Site is accurate, true, and up-to-date. You also acknowledge that you are fully responsible (with the Company not being responsible to you or any third party) for all activities occurring on your account and during your use of the account.

B. By providing data, registering, and creating a Kimia Kiosk Account, you warrant that:

  1. You are at least 18 (eighteen) years old; or
  2. If you are under 18 years old, you are considered to have obtained consent from your parent or guardian to provide data, register, create a Kimia Kiosk Account, agree to the Terms and Conditions (especially the Privacy Policy), and accept and use the Services. In this context, your parent or guardian is deemed to have agreed to be responsible for your account, all your activities on the Site/Content, and your use and acceptance of the Services on your behalf.

C. You agree and understand that you are responsible for maintaining the confidentiality of the password associated with any account you use to access the Site. If you become aware that your password or account is being used unlawfully or if you detect any attempt to breach the security of your account, you should promptly notify the company via email at cs@kimiakiosk.com

Policies on Termination, Account Closure, and Content Deletion

A. The Company reserves the right to suspend access and the Account on the Site if, in the Company's judgment, the User consistently breaches the terms.

B. The Company is entitled to determine whether Content has violated the Terms and Conditions for reasons other than copyright infringement, including but not limited to, issues like pornography or excessively prolonged duration. The Company retains the authority, at its discretion and without prior notice, to remove such Content and/or deactivate the Account in cases of violations related to the submission, uploading, and publishing of content that contradicts the Terms and Conditions.

Intellectual Property Rights, Content Licensing, and Copyright

A. The Company exclusively owns or holds the legitimate license for all rights related to the Site and its Content. All Content presented on the Site, inclusive of intellectual property, is safeguarded by global copyright laws and applicable regulations that protect intellectual property. The Company possesses all rights and intellectual property rights inherent in the Site and its Content. All rights not explicitly outlined in these Terms and Conditions are reserved, encompassing, but not limited to, the following:

  1. Ownership of all software; and
  2. The names Kimiakiosk or "Kimiakiosk.com, Kioskclub, icons, and logos are registered trademarks in various jurisdictions and are protected by copyright laws, trademarks, or other intellectual property rights. It is strictly prohibited to use, modify, or place the above-mentioned trademarks for personal gain and to harm the Site.

B. You agree, affirm, and guarantee that you possess or hold the necessary license, rights, consent, and permission to publish the Content you submit or upload. Furthermore, you consent to providing the Company with a transferable, sub-licensable license, allowing the use or exploitation of all patents, copyrights, trademarks, trade secrets, or other ownership rights associated with such Content. This includes activities such as publication, distribution, promotion, and further business development by the Company.

C. While you will retain all ownership rights to your Content, by submitting, uploading, or publishing Content on the Site, you acknowledge that you grant the Company a globally applicable (worldwide), non-exclusive, royalty-free, sub-licensable, and transferable license to use, distribute, display, and organize the Content through any media related to the Site or the Company's business. This includes, but is not limited to, the promotion and redistribution of any part or the entirety of the Content (and any derivative works) in any media format and through any media channels. Additionally, you hereby grant Site Users a non-exclusive license to access your Content through the Site and to use, reproduce, distribute, and display or showcase the Content as permitted through specific Site functionalities and based on the Terms and Conditions. The license you provide will reasonably and commercially terminate after you remove the Content from the Site. However, you understand and agree that upon the termination of the aforementioned license: (i) the Company is not obligated to withdraw or ensure the deletion of any part or the entirety of the Content that has been reproduced, distributed, displayed, or showcased in any media other than the Site, and (ii) the Company may still retain, but not display, distribute, or organize copies of your deleted Content. The granted license also applies to comments you provide in user columns, and the license for comments you submit in user columns is continuous (perpetual), irrevocable, and cannot be canceled or terminated.

D. ​​The Company neither endorses, approves, nor recommends any Content submitted, uploaded, or published through the Site by Users or other license holders. It does not provide opinions or suggestions regarding the content, and you acknowledge that the Company bears no responsibility for any and all Content. The Company strictly prohibits any form of violation of applicable laws, including but not limited to copyright infringement and other intellectual property violations, for any Content available on the Site. The Company retains the full right to restrict, block, or terminate services for any User Account, prohibit access to the Site, and will remove all Content if there is notice that the User Account or Content has violated the aforementioned terms. The Company has the right to remove Content without prior notice and take legal steps to protect Users or other visitors if it believes that a third party has violated applicable laws, including but not limited to intellectual property rights as stipulated in these Terms and Conditions.

E. If you are the owner of any intellectual property rights ("HKI"), including copyrights or their agents or representatives, and believe that the Content on the Site has infringed your HKI, you can send us a notification via email to cs@kimiakiosk.com, attaching the following documents (Softfile):

  1. A power of attorney indicating that the notifying party is authorized to act on behalf of and in the name of the HKI owner whose rights are deemed to have been violated (if delegated);
  2. Identification of the violated HKI;
  3. Identification of any material or content deemed to have violated copyright, along with any information deemed sufficient by the Company to identify such material or content;
  4. Sufficient information for the Company to contact you, such as your address, phone number, and email address;
  5. A stamped statement asserting that you, in good faith, believe that the use of the reported material is unauthorized and not permitted or authorized by the HKI owner, its agent, representative, or applicable laws;
  6. A stamped statement declaring that the provided notification is accurate, accountable, and that you are authorized to act on behalf of the owner of the HKI deemed to have been violated.

F. If you believe that your removed Content (or content with disabled access) does not violate any terms, or you have the authority or permission from the intellectual property owner, the owner's agent, or under the law to publish and use the material in the Content, you may submit a response notification with the following details to the Company:

  1. Identification of the removed or disabled Content and the location where it was displayed before removal or disabling;
  2. A sufficiently stamped statement asserting that you genuinely believe the removal or disabling occurred due to an error or misidentification of the Content; and
  3. Your name, address, phone number, and email address.

G. Upon acceptance of the response notification by the Company, the Company or its representative may provide a copy of the response notification to the complaining party, notifying them that they have the option to substitute the removed Content or reinstate access to that Content within 10 (ten) business days.

Personal Information

We value your privacy. Please read our privacy policy for more information.

Disclaimer

The Company is committed to ensuring the responsible and legal operation of the Site to the best of its abilities. However, you acknowledge and agree that your use of the Site is entirely your responsibility and is closely tied to the accuracy and completeness of all data or information, including Personal Data, that you provide. Consequently, to the extent permitted by law, the Company, along with its officers, directors, commissioners, employees, and agents, retains the right to decline offering any form of warranty and disclaims any responsibility, whether explicit or implied, concerning the Site and your utilization of it. Additionally, the Company does not provide any assurances or representations regarding the accuracy or completeness of the Site and bears no obligation or liability for:

A. Any personal injury or property damage of any nature arising from your access to and use of the Site;

B. Any unauthorized access or use of security servers and/or any personal and/or financial information stored on our servers;

C. Any interruption or cessation of transmission to or from our Site;

D. Any bugs, viruses, trojan horses, or similar issues that may be transmitted to or through our Site by any third party;

E. Any errors or omissions in any content or for any loss or damage resulting from any use of Content published, uploaded, sent via email, transmitted, or otherwise made available through the service; and/or

F. Any statements and reviews written, uploaded, or published on the Site by Users or other third parties regarding inaccuracies or untruths about a product available on the Site.

Limitation of Liability

In line with the considerations outlined in the Disclaimer section, the Company, along with its officers, directors, commissioners, employees, or agents, bears no responsibility for any damages or losses arising from:

A. Errors, mistakes, or inaccuracies in the Content;

B. Personal injury or any type of property damage resulting from your access to and use of Our Site;

C. Any unauthorized access or use of our security servers and/or any personal and/or financial information stored on our servers unlawfully;

D. Any interruption or cessation of transmission to or from Our Site;

E. Any bugs, viruses, trojan horses, or similar entities that may be transmitted to or through our services by any third party; and/or

F. Any errors or omissions in any Content or for any loss or damage whatsoever resulting from any use of Content published, uploaded, sent via email, transmitted, or otherwise made available through the service, whether based on warranty, contract, or tort (including negligence), even if the Company has been informed of the possibility of such loss.

You explicitly recognize that the Company disclaims responsibility for Content or actions aiming to defame, offend, attack, or engage in any illegal activities by third parties, and you assume full responsibility for the risks and damages arising from such matters.

The Site is under the control of the Company and is one of the facilities located in Indonesia. The Company does not provide assurances regarding the suitability and availability of the Site in other countries. Those who access or use the Site from different jurisdictions are obliged to comply with the laws of their local jurisdiction.

Compensation

To the extent permitted by applicable law, you agree to defend, indemnify, and hold the Company, its officers, directors, commissioners, employees, and agents, harmless from and against any and all claims, damages, liabilities, losses, responsibilities, costs or debts, and expenses (including, but not limited to, legal consultant fees) arising from:

A. Your misuse of the Site;

B. Violations you commit against any or all provisions of these Terms and Conditions;

C. Your infringements of third-party rights, including but not limited to, intellectual property rights, ownership, or privacy rights;

D. Any complaints and/or claims against the Content you contribute that result in losses for third parties; or

E. Violations of laws and regulations that may impact third parties.

The obligation to defend and indemnify as mentioned above will continue to apply even if these Terms and Conditions are deemed terminated, and you no longer use the Site.

Jurisdiction

By utilizing and/or entering the Site, you affirm and assure that you possess the capability and legal competence to engage in a valid agreement, encompassing these Terms and Conditions. In the case that you represent an institution or a legal entity, you have met all the stipulated requirements of the law and your corporate documents to legally bind your entity to the stipulations of these Terms and Conditions.

Applicable Law

Terms and Conditions must be interpreted and governed by the positive laws of the Republic of Indonesia.

Dispute Resolution

You consent to the resolution of any complaints, claims, and/or disputes between you and the Company, which may arise wholly or partially from or be related to the Services, through initial amicable discussions aimed at reaching a consensus.