Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Anoa Platform, you agree to comply with and be bound by these Terms.
Please note: these Terms contains an arbitration clause and class action waiver that applies to all Anoa Members. By accepting these Terms, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
Last Updated: Apr 18, 2020
Thank you for using Anoa!
These Terms constitute a legally binding agreement (“Agreement“) between you and Anoa (as defined below) governing your access to and use of the Anoa website, including any subdomains thereof, and any other websites through which Anoa makes its services available (collectively, “Site“), our mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application“) and all associated services (collectively, “Anoa Services“). The Site, Application and Anoa Services together are hereinafter collectively referred to as the “Anoa Platform”.
When these Terms mention “Anoa,” “we,” “us,” or “our,” it refers to the Anoa company you are contracting with. Your contracting entity will generally be determined based on your country of residence or establishment.
Any and all payment processing services through or in connection with your use of the Anoa Platform (“Payment Services“) are provided to you by one or more Anoa Payments entities (individually and collectively, as appropriate, “Anoa Payments“) as set out in the Payments Terms of Service (“Payments Terms“).
Providers alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Provider Services (as defined below). Provider are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Provider Services they offer. Certain types of Provider Services may be prohibited altogether. Penalties may include fines or other enforcement. We provide some information in our Information Center to help you identify some of the obligations that apply to you. If you have questions about how local laws apply to your Listing(s) and Provider Service(s) on Anoa, you should always seek legal guidance.
1. Scope of Anoa Services
1.1 The Anoa Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Providers” and the services they offer are “Provider Services”) to publish such Provider Services on the Anoa Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such Provider Services (Members using Provider Services are “Customers”). Provider Services may include the offering of rental equipment & properties for use (“Rental Services“), single or multi-day activities in various categories (“Events”), access to use unique Services (“Services”), and a variety of other event and non-event related services.
1.2 As the provider of the Anoa Platform, Anoa does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Provider Services, nor is Anoa an organiser or retailer of event packages. Providers alone are responsible for their Listings and Provider Services. When Members make or accept a booking, they are entering into a contract directly with each other. Anoa is not and does not become a party to or other participant in any contractual relationship between Members, nor is Anoa a real estate broker or insurer. Anoa is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.
1.3 While we may help facilitate the resolution of disputes, Anoa has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Provider Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Anoa does not endorse any Member, Listing or Provider Services. Any references to a Member being “verified” (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Anoa about any Member, including of the Member’s identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to stay in an Rental Service, participate in an Event or Service or use other Provider Services, accept a booking request from a Customer, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by Anoa of any Provider or Listing.
1.4 If you choose to use the Anoa Platform as a Provider or Rekan Anoa (as defined below), your relationship with Anoa is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Anoa for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Anoa. Anoa does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Provider Services. You acknowledge and agree that you have complete discretion whether to list Provider Services or otherwise engage in other business or employment activities.
1.5 To promote the Anoa Platform and to increase the exposure of Listings to potential Customers, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. Anoa cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Anoa Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.
1.6 The Anoa Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Anoa is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Anoa of such Third-Party Services.
1.7 Due to the nature of the Internet, Anoa cannot guarantee the continuous and uninterrupted availability and accessibility of the Anoa Platform. Anoa may restrict the availability of the Anoa Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Anoa Platform. Anoa may improve, enhance and modify the Anoa Platform and introduce new Anoa Services from time to time.
2. Eligibility, Using the Anoa Platform, Member Verification
2.1 In order to access and use the Anoa Platform or register an Anoa Account you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of Indonesia and able to enter into legally binding contracts.
2.2 Anoa may make access to and use of the Anoa Platform, or certain areas or features of the Anoa Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.
2.3 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prServiceion purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
2.4 If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the Anoa Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
3. Modification of these Terms
Anoa reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Anoa Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Anoa Platform will constitute acceptance of the revised Terms.
4. Account Registration
4.1 You must register an account (“Anoa Account“) to access and use certain features of the Anoa Platform, such as publishing or booking a Listing. If you are registering an Anoa Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You can register an Anoa Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google (“SNS Account“) if provided in future. You have the ability to disable the connection between your Anoa Account and your SNS Account at any time.
4.3 You must provide accurate, current and complete information during the registration process and keep your Anoa Account and public Anoa Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) Anoa Account unless Anoa authorizes you to do so. You may not assign or otherwise transfer your Anoa Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your Anoa Account credentials and may not disclose your credentials to any third party. You must immediately notify Anoa if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Anoa Account. You are liable for any and all activities conducted through your Anoa Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
4.6 Anoa may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your Anoa Account. For example, we may enable Members to link their Anoa Accounts to businesses and take actions for those businesses, we may enable eligible Members or certain third parties to book Listings on behalf of other Members, or we may enable Providers to add other Members as Rekan Anoas (as defined below) to help manage their Listings. These features do not require that you share your credentials with any other person. No third party is authorized by Anoa to ask for your credentials, and you shall not request the credentials of another Member.
5.1 Anoa may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Anoa Platform (“Member Content“); and (ii) access and view Member Content and any content that Anoa itself makes available on or through the Anoa Platform, including proprietary Anoa content and any content licensed or authorized for use by or through Anoa from a third party (“Anoa Content” and together with Member Content, “Collective Content“).
5.2 The Anoa Platform, Anoa Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the Indonesia and other countries. You acknowledge and agree that the Anoa Platform and Anoa Content, including all associated intellectual property rights, are the exclusive property of Anoa and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Anoa Platform, Anoa Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Anoa used on or in connection with the Anoa Platform and Anoa Content are trademarks or registered trademarks of Anoa in Indonesia and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Anoa Platform, Anoa Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Anoa Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Anoa or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, Anoa grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Anoa Platform and accessible to you, solely for your personal and non-commercial use.
5.6 Anoa may offer Providers the option of having professional photographers take photographs of their Provider Services, which are made available by the photographer to Providers to include in their Listings with or without a watermark or tag bearing the words “Anoas.id Verified Photo” or similar wording (“Verified Images“). You are responsible for ensuring that your Provider Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the Anoa Platform if they no longer accurately represent your Listing, if you stop Providering the Provider Service featured, or if your Anoa Account is terminated or suspended for any reason. You acknowledge and agree that Anoa shall have the right to use any Verified Images in accordance with Section 5.5 for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Where Anoa is not the exclusive owner of Verified Images, by using such Verified Images on or through the Anoa Platform, you grant to Anoa an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Anoa in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the Anoa Platform solely for your personal and non-commercial use.
5.7 You are solely responsible for all Member Content that you make available on or through the Anoa Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Anoa Platform or you have all rights, licenses, consents and releases that are necessary to grant to Anoa the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Anoa’s use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.8 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates Anoa’s Content Policy or any other Anoa policy. Anoa may, without prior notice, remove or disable access to any Member Content that Anoa finds to be in violation of applicable law, these Terms or Anoa’s then-current Policies or Standards, or otherwise may be harmful or objectionable to Anoa, its Members, third parties, or property.
6. Service Fees
6.1 Anoa may charge fees to Providers (“Provider Fees“) and/or Customers (“Customer Fees“) (collectively, “Service Fees“) in consideration for the use of the Anoa Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page.
6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Provider or Customer prior to publishing or booking a Listing. Anoa reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.
6.3 You are responsible for paying any Service Fees that you owe to Anoa. The applicable Service Fees (including any applicable Taxes) are collected by Anoa Payments. Anoa Payments will deduct any Provider Fees from the Listing Fee before remitting the payout to the Provider. Any Customer Fees are included in the Total Fees collected by Anoa Payments. Except as otherwise provided on the Anoa Platform, Service Fees are non-refundable.
7. Terms specific for Providers
7.1 Terms applicable to all Listings
7.1.1 When creating a Listing through the Anoa Platform you must (i) provide complete and accurate information about your Provider Service (such as listing description, location, product services, and calendar availability), (ii) disclose any deficiencies, restrictions (such as house rules) and requirements that apply (such as any minimum age, proficiency or fitness requirements for an Event & Jobs) and (iii) provide any other pertinent information requested by Anoa. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
7.1.2 You are solely responsible for setting a price (including any Taxes if applicable, or charges such as cleaning fees) for your Listing (“Listing Fee”). Once a Customer requests a booking of your Listing, you may not request that the Customer pays a higher price than in the booking request.
7.1.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.
7.1.4 Anoa may enable certain Providers & Customers to participate in Anoa Point Rewards (APR). It enables Providers & Customers to collect some points & gems to use as alternative methods of payment. APR also gives rewards to certain several best rank Providers or Customers in period with positive review.
7.1.5 Pictures, animations or videos (collectively, “Images“) used in your Listings must accurately reflect the quality and condition of your Provider Services. Anoa reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
7.1.6 The placement and ranking of Listings in search results on the Anoa Platform may vary and depend on a variety of factors, such as Customer search parameters and preferences, Provider requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Provider Service, and/or ease of booking. More information about the factors that determine how your Listing appears in search results can be found on our Information Center.
7.1.7 Anoa provides some examples of listings for being guidance to Providers application on the listing process. These listing examples are also badged. Therefore, it does not represent any real providers event, service & rental product.
7.1.7 When you accept or have pre-approved a booking request by a Customer, you are entering into a legally binding agreement with the Customer and are required to provide your Provider Service(s) to the Customer as described in your Listing when the booking request is made. You also agree to pay the applicable Provider Fee and any applicable Taxes. Provider will accept payment after customer give a review on provider’s business page as proof of confirmation that product or services has been delivered & accepted by the customer.
7.1.8 Anoa recommends that Providers obtain appropriate insurance for their Provider Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Customers (and the individuals the Customer has booked for, if applicable) while staying at your Rental Service or participating in your Event, Service or other Provider Service.
7.2 Listing Rental Services Product
7.2.1 Unless expressly allowed by Anoa, you may not list more than one Rental Service product per Listing. For example, “A Company” provides some products which are different with their main categories in their listing information.
7.2.2 If you choose to require a security deposit for your Rental Service, you must specify this in your Listing (“Security Deposit“). Providers are not allowed to ask for a Security Deposit (i) after a booking has been confirmed or (ii) outside of the Anoa Platform.
7.2.3 You represent and warrant that any Listing you post and the booking of, or a Customer’s stay at, an Rental Service will (i) not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other agreements, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Provider, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Rental Service at your request or invitation, excluding the Customer and any individuals the Customer invites to the Rental Service.
7.3 Listing Job, Events, Rental and other Services
Hosts alone are responsible for the Job, Events, Rental and other Services that they submit, list and provide. Anoa merely provides the Anoa Services and is not itself an operator or provider of activities, event services, Rental or other Services. Anoa’s responsibilities are limited to making the Listings for Job, Events, Rentals or other Services available through the Anoa Platform.
You are responsible for acquiring all equipment, including supplies, vehicles, venues and other materials (“Equipment”) necessary to host your Rental and Service. You are solely responsible for ensuring that the Equipment used in your services is in good working order and conforms to all laws pertaining to safety, equipment, inspection, and operational capability. Except as otherwise required by law, you assume all risk of damage or loss to your Equipment.
7.4 Rekan Anoa
7.4.1 Anoa may enable Providers to authorize other Members (“Rekan Anoas”) to administer the Provider’s Listing(s), and to bind the Provider and take certain actions in relation to the Listing(s) as permitted by the Provider, such as accepting booking requests, messaging and welcoming Customers, and updating the Listing Fee and calendar availability (collectively, “Rekan Anoa Services”). Any agreement formed between Provider and Rekan Anoa may not conflict with these Terms, the Payments Terms, or any other Policies applicable to your Provider Service(s). Rekan Anoas may only act in an individual capacity and not on behalf of a company or other organization, unless expressly authorized by Anoa. Anoa reserves the right, in our sole discretion, to limit the number of Rekan Anoas a Provider may invite for each Listing and to limit the number of Listings a Rekan Anoa may manage.
7.4.2 Providers should exercise due diligence and care when deciding who to add as a Rekan Anoa to their Listing(s). Providers remain solely responsible and liable for any and all Listings and Member Content published on the Anoa Platform, including any Listing created by a Rekan Anoa on their behalf. Further, Providers remain responsible and liable for their own acts and omissions, including, but not limited to, conduct that causes harm or damage to the Rekan Anoa(s). Rekan Anoas remain responsible and liable for their own acts and omissions when engaging in their roles and responsibilities as a Rekan Anoa, including, but not limited to, conduct that causes harm or damage to the Provider. In addition, both Provider and Rekan Anoa are jointly responsible and severally liable for third party claims, including Customer claims, arising from the acts and omissions of the other person as related to Provider activities, communications with Customers, and the provision of any Rekan Anoa Services.
7.4.3 Unless agreed otherwise by Provider and Rekan Anoa, Provider and Rekan Anoa may terminate the Rekan Anoa agreement at any time. In addition, both Provider and Rekan Anoa acknowledge that their Rekan Anoa relationship will terminate in the Service that Anoa (i) terminates the Rekan Anoa service or (ii) terminates either party’s participation in the Rekan Anoa service. When the Rekan Anoa agreement is terminated, the Provider will remain responsible for all of the Rekan Anoa’s actions prior to the termination, including the responsibility to fulfill any pending or future bookings initiated prior to the termination. When a Member is removed as a Rekan Anoa, that Member will no longer have access to any Provider or Customer information related to the applicable Provider’s Listing(s).
7.4.4 As a Rekan Anoa, you will not be reviewed by Customers, meaning that your Rekan Anoa activities will not affect your Reviews or Ratings for other Listings for which you are a Provider. Instead, the Provider of such Listing(s) will be reviewed by Customers (including potentially on the basis of the Rekan Anoa’s conduct and performance). Providers acknowledge that Reviews and Ratings from Customers for their Listing(s) may be impacted by a Rekan Anoa’s conduct and performance.
8. Terms specific for Customers
8.1 Terms applicable to all bookings
8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by Anoa and/or the Provider, you can book a Listing available on the Anoa Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Customer Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your Anoa Account.
8.1.2 Upon receipt of a booking confirmation from Anoa, a legally binding agreement is formed between you and your Provider, subject to any additional terms and conditions of the Provider that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. Anoa Payments will collect the Total Fees at the time of the booking request or upon the Provider’s confirmation pursuant to the Payments Terms. For certain bookings, Customers may be required to pay or have the option to pay in multiple installments.
8.1.3 If you book a Provider Service on behalf of additional Customers, you are required to ensure that every additional Customer meets any requirements set by the Provider, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Provider. If you are booking for an additional Customer who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Event, Service or other Provider Service if accompanied by an adult who is responsible for them.
8.2 Booking Rental Services
8.2.1 You understand that a confirmed booking of an Rental Service (“Rental Service Booking”) is a limited license granted to you by the Provider to enter, occupy and use the Rental Service for the duration of your event need, during which time the Provider (only where and to the extent permitted by applicable law) retains the right to re-use the Rental Service, in accordance with your agreement with the Provider.
8.3 Booking Job, Events, Rental and other Provider Services
8.3.1 You should carefully review the description of any Job, Event, Rental or other Provider Service you intend to book to ensure you (and any additional Customers you are booking for) meet any proficiency, fitness or other requirements which the Provider has specified in their Listing. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in a Job, Event, Rental or other Provider Service.
8.3.2 Before and during an application for a Job, Event, Rental or other Provider Service you must at all times adhere to the Providers’ instructions.
9. Booking Modifications, Cancellations and Refunds, Resolution Center
9.1 Providers and Customers are responsible for any modifications to a booking that they make via the Anoa Platform or direct Anoa customer service to make (“Booking Modifications“), and agree to pay any additional Listing Fees, Provider Fees or Customer Fees and/or Taxes associated with such Booking Modifications.
9.2 Customers can cancel a confirmed booking at any time pursuant to the Listing’s cancellation policy set by the Provider, and Anoa Payments will refund the amount of the Total Fees due to the Customer in accordance with agreement. Unless extenuating circumstances exist, any portion of the Total Fees due to the Provider under the applicable cancellation policy will be remitted to the Provider by Anoa Payments pursuant to the Payments Terms.
9.3 If a Provider cancels a confirmed booking, the Customer will receive a full refund of the Total Fees for such booking. In some instances, Anoa may allow the Customer to apply the refund to a new booking, in which case Anoa Payments will credit the amount against the Customer’s subsequent booking at the Customer’s direction. Further, Anoa may publish an automated review on the Listing cancelled by the Provider indicating that a booking was cancelled. In addition, Anoa may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking, and/or (ii) impose a cancellation fee, unless the Provider has a valid reason for cancelling the booking.
9.4 For Events, Rental and other Provider Services, if weather poses a safety risk to Customers, or if it is a Provider from carrying out a Provider Service that takes place primarily outdoors, Providers may cancel the Provider Service. Providers may also cancel the Provider Service if other conditions exist that would prService the Provider from offering the Provider Service safely.
9.5 In certain circumstances, Anoa may decide, in its sole discretion, that it is necessary to cancel a pending or confirmed booking and initiate corresponding refunds and payouts. This may be for reasons set forth in Anoa’s Extenuating Circumstances Policy or (i) where Anoa believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Anoa, other Members, third parties or services, or (ii) for any of the reasons set out in these Terms.
9.6 If a Customer or Anoa cancels a confirmed booking, and the Customer receives a refund in accordance with the Customer Refund Policy, Events Customer Refund Policy, Extenuating Circumstances Policy, or the applicable cancellation policy set by the Provider and mentioned in the Listing, after the Provider has already been paid, Anoa Payments will be entitled to recover the amount of any such refund from the Provider, including by subtracting such refund amount out from any future Payouts due to the Provider.
9.7 Except as otherwise set out in these Terms, Members may use the Resolution Center to send or request money for refunds, additional Provider Services or Damage Claims related to bookings. You agree to pay all amounts sent through the Resolution Center in connection with your Anoa Account, and Anoa Payments will handle all such payments.
10. Ratings and Reviews
10.1 Within a certain time frame after completing a booking, Customers and Providers can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of Anoa. Ratings and Reviews are not verified by Anoa for accuracy and may be incorrect or misleading.
10.2 Ratings and Reviews by Customers and Providers must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to Section 5 and must comply with Anoa’s Content Policy.
10.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.
10.4 Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the Anoa Platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.
11. Damage to Rental Services, Disputes between Members
11.1 As a Customer, you are responsible for leaving the Rental Service (including any personal or other equipment or property located at the Rental Service) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Rental Service, excluding the Provider (and the individuals the Provider invites to the Rental Service, if applicable).
11.2 If a Provider claims and provides evidence that you as a Customer have damaged a Rental Service or any personal or other property at an Rental Service (“Damage Claim“), the Provider can seek payment from you through the Resolution Center. If a Provider escalates a Damage Claim to Anoa, you will be given an opportunity to respond. If you agree to pay the Provider, or Anoa determines in its sole discretion that you are responsible for the Damage Claim, Anoa via Anoa Payments will, after the end of your stay, collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage Claim pursuant to the Payments Terms.
11.3 Members agree to cooperate with and assist Anoa in good faith, and to provide Anoa with such information and take such actions as may be reasonably requested by Anoa, in connection with any Damage Claims or other complaints or claims made by Members relating to (i) Rental Services or any personal or other property located at an Rental Service, (ii) Events, (iii) Rekan Anoa agreements.
12.1 As a Provider you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes or income taxes (“Taxes“).
12.3 You understand that any appropriate governmental agency, department and/or authority (“Tax Authority“) where your Rental Service is located may require Taxes to be collected from Customers or Providers on Listing Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Listing Fees set by Providers.
13. Prohibited Activities
13.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Anoa Platform. In connection with your use of the Anoa Platform, you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms & Conditions, Privacy Policies;
- use the Anoa Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Anoa endorsement, partnership or otherwise misleads others as to your affiliation with Anoa;
- use the Anoa Platform in connection with the distribution of unsolicited commercial messages (“spam”);
- offer, as a Provider, any Rental Service that you do not yourself own or have permission to make available as a other property or equipment through the Anoa Platform;
- unless Anoa explicitly permits otherwise, book any Listing if you will not actually be using the Provider Services yourself;
- contact another Member for any purpose other than asking a question related to a your own booking, Listing, or the Member’s use of the Anoa Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
- use the Anoa Platform to request, make or accept a booking independent of the Anoa Platform, to circumvent any Service Fees or for any other reason;
- request, accept or make any payment for Listing Fees outside of the Anoa Platform or Anoa Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Anoa harmless from any liability for such payment;
- discriminate against or harass anyone on the basis of race, origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
- misuse or abuse any Listings or services associated with the Anoa Trivia Game program as determined by Anoa in its sole discretion.
- use, display, mirror or frame the Anoa Platform or Collective Content, or any individual element within the Anoa Platform, Anoa’s name, any Anoa trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Anoa Platform, without Anoa’s express written consent;
- dilute, tarnish or otherwise harm the Anoa brand in any way, including through unauthorized use of Collective Content, registering and/or using Anoa or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Anoa domains, trademarks, taglines, promotional campaigns or Collective Content;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Anoa Platform for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Anoa or any of Anoa’s providers or any other third party to protect the Anoa Platform;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Anoa Platform;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Anoa Platform;
- export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
13.2 You acknowledge that Anoa has no obligation to monitor the access to or use of the Anoa Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the Anoa Platform (including without limitation for fraud preServision, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Anoa in good faith, and to provide Anoa with such information and take such actions as may be reasonably requested by Anoa with respect to any investigation undertaken by Anoa or a representative of Anoa regarding the use or abuse of the Anoa Platform.
13.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Anoa by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
14. Term and Termination, Suspension and other Measures
14.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Anoa terminate the Agreement in accordance with this provision.
14.2 You may terminate this Agreement at any time by sending us an email. If you cancel your Anoa Account as a Provider, any confirmed booking(s) will be automatically cancelled and your Customers will receive a full refund. If you cancel your Anoa Account as a Customer, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
14.3 Without limiting our rights specified below, Anoa may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.
14.4 Anoa may immediately, without notice, terminate this Agreement and/or stop providing access to the Anoa Platform if (i) you have materially breached your obligations under these Terms, the Payments Terms, our Policies, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Anoa believes in good faith that such action is reasonably necessary to protect the personal safety or property of Anoa, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
14.5 In addition, Anoa may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms, our Policies or applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Anoa Account registration, Listing process or thereafter, (iv) you and/or your Listings or Provider Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or Anoa otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) Anoa believes in good faith that such action is reasonably necessary to protect the personal safety or property of Anoa, its Members, or third parties, or to preService fraud or other illegal activity:
- refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
- cancel any pending or confirmed bookings;
- limit your access to or use of the Anoa Platform;
- temporarily or permanently revoke any special status associated with your Anoa Account;
- temporarily or in case of severe or repeated offenses permanently suspend your Anoa Account and stop providing access to the Anoa Platform.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Anoa and an opportunity to resolve the issue to Anoa’s reasonable satisfaction.
14.6 If we take any of the measures described above (i) we may refund your Customers in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
14.7 When this Agreement has been terminated, you are not entitled to a restoration of your Anoa Account or any of your Member Content. If your access to or use of the Anoa Platform has been limited or your Anoa Account has been suspended or this Agreement has been terminated by us, you may not register a new Anoa Account or access and use the Anoa Platform through an Anoa Account of another Member.
If you choose to use the Anoa Platform or Collective Content, you do so voluntarily and at your sole risk. The Anoa Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the Anoa Services, laws, rules, or regulations that may be applicable to your Listings and/or Provider Services you are receiving and that you are not relying upon any statement of law or fact made by Anoa relating to a Listing.
If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
You agree that some Job, Events, Rental, other Services Providers may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Services. You assume full responsibility for the choices you make before, during and after your participation in a Provider Service. If you are bringing a minor as an additional Customer, you are solely responsible for the supervision of that minor throughout the duration of your Provider Service and to the maximum extent permitted by law, you agree to release and hold harmless Anoa from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Provider Service or in any way related to your Provider Service.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Anoa Platform and Collective Content, your publishing or booking of any Listing via the Anoa Platform, your order at any Rental Service, participation in any Event or Service or use of any other Provider Service, or any other interaction you have with other Members whether in person or online remains with you. Neither Anoa nor any other party involved in creating, producing, or delivering the Anoa Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Anoa Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the Anoa Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s Provider Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Anoa has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
To the maximum extent permitted by applicable law, you agree to release, defend (at Anoa’s option), indemnify, and hold Anoa and its affiliates and subsidiaries, including but not limited to, Anoa Payments, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies, (ii) your improper use of the Anoa Platform or any Anoa Services, (iii) your interaction with any Member, stay at an Rental Service, participation in an Event, Service or other Provider Service, participation in the Group Payment Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) Anoa’s Collection, or (v) your breach of any laws, regulations or third party rights.
18. Dispute Resolution and Arbitration Agreement
18.1 Agreement to Arbitrate. You and Anoa mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or to the use of the Anoa Platform, the Provider Services, or the Collective Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Anoa agree that the arbitrator will decide that issue.
18.2 Exceptions to Arbitration Agreement. You and Anoa each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
18.3 This agreement is governed and interpreted based on Indonesian Law. All disputes that may arise between the User and Us relating to the use of the Anoa and or the implementation of this Agreement will be resolved exclusively within the jurisdiction of the courts of the Republic of Indonesia.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Anoa Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the Anoa Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
20. General Provisions
20.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Anoa and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Anoa and you in relation to the access to and use of the Anoa Platform.
20.2 No joint venture, partnership, employment, or agency relationship exists between you and Anoa as a result of this Agreement or your use of the Anoa Platform.
20.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
20.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
20.5 Anoa’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
20.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Anoa’s prior written consent. Anoa may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
20.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by Anoa via email, Anoa Platform notification, or messaging service (including SMS and WeChat).
20.8 If you have any questions about these Terms please email us.