(Collectively, hereinafter the 'Site' and the 'End-User' shall be referred to as the "Parties" and individually as the "Party")
- Scope Of Applicability:
- The Site may utilize (i) a tracking pixel (such as, a smart pixel(s) or managed pixel(s) (“Pixel”) placed on certain page(s) of the Site to collect relevant information from the Site and to set a cookie on the browser of End-User(s) (the “Cookie”), (ii) browser stream data of End-User(s) to the Site or (iii) other non-identifiable/non-personal information of the End-User (collectively, hereinafter referred to as the “Targeting Data”). Such Targeting Data may include, among other things (only non-identifiable information of end-user is collected by Site), IP address, date and time of visit to Site and merchandise viewed or placed in End-User e-commerce cart (if applicable). The Targeting Data is used to provide targeted relevant advertisements for the End-User(s), while the End-User(s) are on the Site network and/or partner websites (at discretion of Redbus) and may be combined or matched to third party data to identify potential customers of Redbus and display a targeted advertisement to such potential customers
- Redbus agrees that Targeting Data shall only be disclosed by Redbus for (i) the Site’s performance of the Services (if found appropriate by the Redbus); (ii) any other business purposes of Redbus; and (iii) limited purpose of data analysis, which shall be carried out by such third parties for and on behalf of Redbus and upon Rebus’s express instruction in this regard provided that for this subsection (ii) & (iii) the Targeting Data is used and disclosed by Redbus on an Aggregated-basis only (if considered appropriate by the Site). For the purpose of this Clause “Aggregated” shall mean a form in which the Targeting Data (defined below) is combined with data from other campaigns of other advertisers and precludes identification, directly or indirectly.
- Amendment / Modification:
Redbus reserves the right to modify this Cookie Policy at any time by way of notifying the End-User and uploading the revised Cookie Policy on the Site. We encourage the End-User to keep itself aware of the revisions to this Cookie Policy on the Site.
- Limitation Of Liability:
REDBUS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS COOKIE POLICY, THE SITE, THE TRANSACTION PROCESSING, INABILITY TO USE THE SITE OR THE TRANSACTION PROCESSING, OR THOSE RESULTING FROM ANY HOTEL RESERVATION/TICKET BOOKINGS PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE BEYOND THE VALUE OF THE LAST TRANSACTION CARRIED OUT BY THE END-USER THROUGH THE SITE.
- Governing Law and Jurisdiction:
- This Cookie Policy is governed by and shall be construed in accordance with the laws of the Republic of Indonesia.
- Any dispute, controversy or difference arising among the Parties out of, or in relation to this Cookie Policy (including a dispute as to the validity or existence of this Cookie Policy) or for the breach thereof including any unlawful or wrongful act ("Dispute") shall first be settled amicably by the Parties.
- If within 30 (thirty) days the Parties fail to settle the dispute amicably, the Parties agree to resolve such dispute through arbitration based on the Indonesian National Arbitration Board (BANI) rules by a sole Arbitrator appointed by redBus. The language shall be English and the venue shall be in Jakarta.
- The award rendered by the arbitrators under Clause 4.2 above shall be final and binding on the Parties and shall be enforceable in any court of competent jurisdiction. Each of the Parties hereby renounces any right it may otherwise have to appeal or duly relief from the award or any decision of the arbitrators contained therein and agrees that in accordance with Article 60 of Law No. 30 of 1999 on Arbitration and Alternative of Dispute Resolution, and its implementing regulations ("Arbitration Law"), no party shall appeal to any court from the award or decision of the arbitrators contained therein.
- The Parties agree that none of the Parties will be allowed to commence or maintain any action in any court of law with respect to any Dispute, except for the enforcement of arbitral award granted pursuant to proceedings commenced pursuant to Clause 4.2 above.
- Each of the Parties waives the applicability of Article 48 (1) of the Arbitration Law and agrees that arbitration need not to be completed within a specific time.
- Miscellaneous:
- The Parties acknowledge and accept that electronic format shall be deemed an acceptable means of communication for the purposes of this Cookie Policy.
- This Cookie Policy constitutes the complete and entire agreement between the Parties on the subject of ‘Cookie norms of the Site’ and shall supersede any and all other prior understandings, commitments, representations or agreements, whether written or oral, between the Parties to this Cookie Policy.
- If any provision of this Cookie Policy shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or enforceability shall not effect the other provisions of this Cookie Policy, which shall remain in full force an effect.
- In no event will any delay, failure or omission (in whole or in part) in enforcing, exercising or pursuing any right, power, privilege, claim or remedy conferred by or arising under this Cookie Policy or by law, be deemed to be or construed as a waiver of that or any other right, so as to bar the enforcement of that, or any other right, power privilege, claim or remedy, in any other instance at any time or times subsequently.
- The Parties expressly agree to waive and set aside their respective rights and obligations under Article 1266 of the Indonesian Civil Code in the event of any termination of this Cookie Policy to the extent that such law requires any judicial pronouncement for the termination of this Cookie Policy.
- This Cookie Policy is made in the Indonesian language and the English language. Both versions are equally authentic. In the event of any inconsistency or different interpretation between the Indonesian language version and the English language version, the relevant Indonesian language version is deemed to be automatically amended (with effect from the date of the execution of this Cookie Policy) to make the relevant part of the Indonesian language version consistent with the relevant part of the English language version.