TERMS & CONDITIONS
Welcome to the terms and conditions applicable to
https://stagingfrank.cmkclub.com/en/. This site is operated by PT Central Mega Kencana (“CMK Club”). These terms and conditions provide all information regarding usage and access, whether as a guest or as a customer. By accessing our site and services, you agree to these terms and conditions. Any activities related to the use of the platform, including those of organizers, guests, and customers, are protected by the applicable laws in the Republic of Indonesia.
These terms and conditions only apply to product offerings conducted through this site. These terms and conditions do not apply to any products or services we offer at Frank & co. stores. Separate terms and conditions apply to Frank & co. offline store products or services.
DEFINITIONS
In these terms:
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1)
“We” refers to the CMK Club team responsible for operating this platform.
2)
“Platform” refers to https://stagingfrank.cmkclub.com/en/ and/or its applications.
3)
“You” means the Customer, user, or guest.
4)
“Product” refers to the goods/products offered through our Platform.
5)
“Order” refers to the product selected by you.
6)
“Operating Hours” refer to Monday, Tuesday, Wednesday, Thursday, Friday from 08.00 to 17.00 WIB.
7)
“Final Amount” is the total purchase amount, including the product price, taxes, and any additional fees.
ACCOUNT
If you are under 18 (eighteen) years old, unmarried, and under guardianship, you must first obtain permission from a parent or guardian to create an account and make transactions, and they must know and approve of these terms and conditions. If you create an account and make transactions on our Platform, we assume that your parent or guardian is aware of and agrees to these terms and conditions. You acknowledge, permit, and agree that CMK Club may access, store, and disclose your account information to any authorized official, policy holder, government authority, relevant rights holder, or third party if required by court order or lawful government request or in good faith that such access, storage, or disclosure is necessary to comply with applicable legal processes, protect the property, or the personal safety of CMK Club, yourself, and/or the public.
STATEMENTS
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1)
These terms and conditions only apply to the use of the Platform and all Orders and Transactions made or to be made by you.
2)
These terms and conditions apply to you accessing this Platform and accepting our terms and conditions, product, and service offerings.
3)
You acknowledge that in these terms and conditions, both you and we act independently without being represented by anyone, and that no statement or agreement has been made by any other party, explicitly or impliedly, through verbal or written statements between us unless expressly stated in these terms and conditions.
4)
You agree to release and/or indemnify CMK Club, including but not limited to its directors, officers, employees, and affiliates, from any claims, damages, liabilities, legal costs from third parties resulting from your actions involving this Platform.
PROHIBITIONS
We strictly prohibit the following activities:
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1)
Using automated systems, any software, and hardware, including but not limited to emulators, simulators, bots, or similar devices that cause data extraction from our Platform;
2)
Engaging in or supporting any series of criminal acts, manipulating product prices, or disrupting other customers’ data;
3)
Taking actions that could damage feedback systems or devices;
4)
Attempting to reverse engineer, decompile, hack any service, or attempt to bypass security measures implemented by CMK Club in relation to services and/or data transmitted, processed, and stored by CMK Club;
5)
Collecting any information about other users, including but not limited to any personal data or information;
6)
Transmitting any material containing viruses, Trojan horses, software, or codes, rooting files, or any other computer program designed directly or indirectly to affect, manipulate, disrupt, destroy, or limit the functionality or integrity of computer software or hardware or any telecommunications equipment;
7)
Engaging in activities that directly or indirectly harm, disable, excessively burden, or disrupt the service server or networks connected to the service;
8)
Using the service to intentionally or unintentionally violate applicable local, national, or international laws, policies, or regulations, including but not limited to anti-money laundering laws and policies;
9)
Violating the rights of CMK Club, including intellectual property rights in the design, font, photos, content, and system on the CMK Club Platform.
10)
You are prohibited from assigning, transferring, novating, charging, subcontracting, creating obligations, or making agreements under these terms and conditions or your rights and obligations under these terms and conditions.
PRICES AND PAYMENTS
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1)
We make every effort to ensure that all descriptions and prices displayed on our Platform are accurate; however, there may be instances where errors occur. If we find an error in the price of a product you ordered, we will notify you as soon as possible, and you may choose to reconfirm your order at the correct price or cancel your order. If we are unable to contact you, we will cancel your order. If you cancel before the order is shipped and you have already paid, you will receive a full refund.
2)
The listed prices include tax and are in Indonesian Rupiah. Shipping charges will be an additional cost to you, clearly displayed and included in the Final Amount.
3)
You can make a payment using one of our payment partners registered on this Platform.
4)
Payment must be made within 3 (three) hours; if you do not make payment within 3 (three) hours, we reserve the right to cancel your Order.
5)
To minimize unauthorized access risks, we encrypt your card data. Once we receive your Order, we will request pre-authorization on your card to ensure sufficient funds are available to complete the transaction. The order will only be confirmed after this pre-authorization check is completed. Your card will be debited after we send the ‘Order Confirmation’. Validation and verification of the card will be conducted by the card issuer. If we do not receive the necessary authorization, we are not responsible for any delay or cancellation of the Order.
ORDER REJECTION AND ERRORS
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1)
We reserve the right to remove any product from the Platform at any time and/or delete or modify any material or content on this Platform. We will make every effort to process all Orders; however, under certain conditions, we may need to refuse to process your Order after sending the Order confirmation, a right we retain at any time, following applicable policies.
2)
If we cancel your Order and you have already made payment, your payment will be fully refunded.
3)
We are not liable to you or any third party for any reason related to removing product descriptions from this Platform, whether sold or not, deleting or editing materials or content, or refusing to process or accept an Order.
4)
If you notice an error after placing an Order on the Platform, please contact our customer service immediately. We will do our best to accommodate your request.
LIABILITY
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1)
The items sold on our Platform are entirely our responsibility as the seller. We guarantee that the products we offer are of the quality described on our Platform.
2)
Any loss due to intentional or negligent actions violating these terms and conditions is your responsibility, and we are released from all claims from you or any third party that may be affected.
3)
For products purchased, received, and proven to match the ordered item, the risk transfers to you, and you have no right to return or cancel unilaterally.
4)
Within 1 x 24 hours of Order receipt, if no report or complaint about the product is submitted, you agree that the product was received in good condition with no defects, and you are not allowed to claim or request compensation afterward.
5)
If the product you purchased does not match the selection on our Platform, as shown by photos and videos when the package is opened, we will offer an alternative replacement product.
6)
Neither we nor our licensors, licensees, or other parties involved in creating, delivering, or providing the content on our Platform are liable to you or anyone claiming through you for any loss of profits, data inaccuracy, failure to achieve expected results, economic loss, incidental, consequential, punitive, or indirect damages (including but not limited to repair costs) resulting from your access or inability to access services or content on our Platform, whether based on warranty, tort, product liability, or any legal theory, even if we were aware or could foresee such damages.
7)
We are not liable to you or others for any inaccuracies, errors, damages, or losses caused by service failures, delays, or interruptions, whether in whole or part. You agree not to make claims for any damages related to these terms and agreements. These provisions remain effective even if this agreement is terminated or expired.
8)
The materials on our Platform are provided without any warranty as to their accuracy. To the extent permitted by law, we and related third parties expressly exclude all conditions, warranties, and other terms that might otherwise be implied by law, customary law, or common law.
9)
Direct or indirect losses you bear in relation to our Platform or its use, inability to use, or results from using our Platform, including any associated websites or materials, will not affect our liability to the extent prohibited by law. You agree that the materials and content on our Platform are solely for information to assist you in deciding whether to make a purchase. Neither we nor any of our employees are liable for any direct or indirect consequences of your decision to purchase or not to purchase.
10)
This does not affect our obligations that cannot be excluded or limited under applicable law. You expressly agree that the materials and content displayed on our Platform are solely for informational purposes to assist you in deciding whether or not to make a purchase of the products we offer. Neither we nor any of our employees are responsible for the direct or indirect consequences of your decision to make or not make a purchase.
11)
Some services and functions on our Platform are operated by third-party providers, such as delivery and payment services. Use and interaction with these contents, services, and functionalities may be subject to the separate terms and conditions of each provider. CMK Club is not liable for actions or omissions of these third parties.
FORCE MAJEURE
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1)
We are not liable to you for any failure or delay in performing these terms and conditions if it is due to circumstances beyond our control, including but not limited to natural disasters, fires, earthquakes, floods, pandemics, wars, similar war conditions, violence, vandalism, insurrection, riots, criminal acts, labor strikes, national or military emergencies, de jure or de facto, or regulatory changes affecting Platform operations.
2)
If these circumstances persist for more than 7 (seven) calendar days, we will notify you in writing. The only obligation will be a refund for any Products you paid for but were not delivered.
3)
We reserve the right to determine the best solutions for fulfilling our obligations in case of events beyond our control.
CORRESPONDENCE
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1)
Notices or correspondence may be sent to us in writing via mail or email to the following address:
PT Central Mega Kencana
Synthesis Square, 9th & 10th Floor, Jln. Gatot Subroto Kav 64 No. 177 A, RT.4/RW.3, Pancoran District, South Jakarta City, DKI Jakarta Province 12870.
(+6281119901122)
(cmkclub@centralmegakencana.co.id)
2)
Notices or requests to or about you will be processed if submitted directly, sent via courier, or emailed to the email address you provided us.
3)
Notifications or product information may be emailed to the last known address or email address of the relevant party.
4)
Notifications sent via email are deemed delivered within 2 days of sending.
5)
As evidenced by a properly addressed letter, registered mail, or proof of delivery.
INTELLECTUAL PROPERTY RIGHTS
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1)
All content on our Platform, including logos, text, graphics, button icons, images, audio clips, digital downloads, campaign titles, and data compilations, is the intellectual property of CMK Club, its affiliates, or license holders and is protected by Indonesian and international intellectual property laws. All rights not listed on this Platform or by us are protected by applicable law. You may store, print, and display provided content for personal use only.
2)
You are not permitted to publish, manipulate, distribute, or reproduce content or copies of content from this Platform in any form. Commercial use of any part of our Platform requires a license or permission from us or our licensors. For intellectual property violations, we reserve the right to take legal action according to applicable laws.
INFORMATION CENTER
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1)
If you have questions about products or need assistance with purchases or complaints, please contact Customer Service via WhatsApp at (+6281119901122) or email cmkclub@centralmegakencana.co.id.
2)
We will respond to questions and provide the best solution for your issues.
3)
You may also contact the Consumer Complaints Service at the Directorate General of Consumer Protection and Trade Order, Ministry of Trade of the Republic of Indonesia.
LANGUAGE AND LEGAL CHOICE
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1)
These terms and conditions, and the Transaction (and all non-transactional obligations related to you) are governed and interpreted according to Indonesian law. Both you and we hereby submit to the jurisdiction of Indonesian courts.
2)
These terms are available in Indonesian and English; if there is a discrepancy, the Indonesian version will prevail.
CHANGES
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1)
If any provision in these terms is deemed unenforceable by a competent court, it does not affect the remaining provisions, which remain fully effective.
2)
We may update these terms and conditions periodically, displayed on the terms page on the Platform. We recommend checking this page regularly for changes. By continuing to access and use our Platform, you are deemed to accept the updates to these terms and conditions.