Terms and conditions
Surplus Application Users

​1. Introduction

Welcome to the Surplus app! The mission of the Surplus application is to increase awareness of food waste by maximizing sales of excess food from food stores at certain hours with a 50% discount. (“concept”).

We provide a way for users (“Customers”) to place orders at Surplus in the form of food (“Products”) in food stores, restaurants, supermarkets, bakeries, hotels, gas stations, etc. (“stores”) displayed on the platform (“Services”). The legal contract for the supply and purchase of products is between the customer and the relevant  partner. Surplus has no control over the Actions or omissions of any store.

These terms and conditions (“terms”) issued by Surplus  apply to any sale of products made through the  application (“platform”) to customers.While Surplus tries to ensure that the platform is generally available twenty-four (24) hours a day, Surplus is under no obligation to do so, and will have no liability to customers if the platform is unavailable at any time or at any period.

When placing an order on the platform, the Customer agrees to:

• Shop as a consumer for personal purposes
• Have an account for valid payments

​When placing an order, the customer accepts these terms and therefore the customer is required to review the terms thoroughly before placing an order on the platform.

​By accepting these terms, customers agree to receive all relevant information in Indonesian. Furthermore, the customer accepts that all agreements between the customer and Surplus will be retained by Surplus for a period of 5 years.

Furthermore, by accepting these terms, the customer agrees to receive emails and text messages related to each order placed by the client. This is necessary in order to ensure that the client receives all important notifications  related to the order.

Surplus reserves the right to revise and change the terms from time to time. Customer orders will be subject to the terms in force at the time the customer places the order, (See clause 4).

​Surplus contact and customer service information
Jl. Starfruit no.8.Northwood forest, Matraman, East Jakarta, Indonesia 13120.cs@surplus.id

2. Products

Surplus exclusively manages the contract between the customer and the shop and Surplus  has no responsibility in relation to the product or the fulfillment of the contract between the shop and the customer.

Surplus does not, in any way, manufacture, sell, purchase, store, prepare, produce, process, mark, pack, deliver or handle products. Surplus  is not responsible for the fulfillment of contractual obligations towards customers or products, including manufacture, sale, purchase, Storage, preparation, production, processing, marking, shipping, quality, materials, allergens or handling of products, and compliance with applicable laws and regulations, which is related to the above.

Customers can find information about products and product descriptions on the platform.

Descriptions are instructive only and are for the purpose of providing customers with the best prerequisites for evaluating the selected product before making a purchase. There may be instances where the platform is not updated from the actual product range, full items etc or not as stated on the platform. In such cases, the  surplus  is not liable. The store is responsible for providing information about products and ensuring that it is  factually accurate and up-to-date.Surplus does not undertake any responsibilities beyond this  thing. If customers have doubts about Allergy warnings, dish contents or other menu information, customers should confirm with the store directly before ordering.

​​3. Product ordering

A list of stores can be found on the platform. If the customer has allowed the application to use Location services, the application will track the customer’s location and the application will display a list of Stores near the customer. Once the customer has selected a store and product, the customer will be given the opportunity to submit the order by clicking “Buy”, “Place my order” or a similar button. It is important to check the store and product before clicking or selecting this button; once the customer does so  , Surplus will begin processing the order  and errors cannot be corrected.

The supply of products on the platform is only an invitation to customers to place an order. After receiving an order, Surplus will start processing it by sending the order to the relevant store. Surplus  will notify the customer, that the order has been received and is being processed. Please note that any confirmation page that customers can visit on the platform only indicates that the order has been received and processed and does not mean that the order has been accepted by the store. Thus, the agreement between the customer and the store is not final until the customer receives a receipt in the  app (“order confirmation”).

Please note that, products may sell out. Surplus  accepts no responsibility in this regard. The store may cancel orders placed by customers up to  5 minutes  before the  pickup time. If the store cancels the order the customer will receive a  notification/email/SMS (provided the relevant contact information given by the customer is correct).

​​​4. Confirm order and invoice

After placing an order, customers will receive an order confirmation via email and the platform. This means that the order is accepted (subject to cancellation as provided herein). Order confirmation must be retained by the customer. The order confirmation will contain information regarding the order placed by the customer and the name, address, payment information, products ordered, price, payment terms, time and place of pickup and a link to the  terms accepted by the customer.

​​​​5. Price

All prices are displayed in the currency of the country where the shop is located and include applicable VAT but may exclude online payment administration fees, unless specified. Any fees associated with orders and payments will be calculated and listed when the customer places the order. Errors in the prices shown on the platform may occur.

​​​​6. Payment

Customers can pay with several e-wallets  as well as other payment methods provided on the platform.

After placing a purchase order, the amount set by the store for the product (“purchase price”) is reserved on the customer’s account according to the selected payment method (“account”). The purchase price will be charged to the customer’s account upon pickup of the product. Purchase prices are collected by Surplus  from customers on behalf of the store. Surplus  may change, modify or restructure payment procedures for its customers, as it deems reasonable.

​​​​7. Pickups

Products ordered on the platform must be picked up by the customer at the mentioned pick-up address. Pick-up times will usually be a period of 15-45 minutes but can be shorter or longer. Store descriptions and details about when and where products can be picked up will appear on the platform and in the order confirmation.If a customer arrives at the pick-up address before the specified pick-up time, the customer must wait outside for customers coming directly to the store. If customers arrive late, the Store may be closed. Customers are asked to show respect for guests and store personnel. Unacceptable behavior may result in clients being banned from placing orders on the platform.

If the customer does not collect the order on time, the Store has the right to keep the product or  sell the product to another party, without obligation to the customer, and  surplus  has the right to collect the sales price from the customer.

Upon pickup, customers must show the order confirmation in the Surplus app  to the store employee, after which they will “generate” a receipt and hand over the ordered products. It is the customer’s responsibility to ensure that the in-app order confirmation is displayed upon pick-up. Customers are required to ensure that the products and quantity of products delivered correspond to customer orders.

Surplus shall have no liability or responsibility for any failure to perform or delay in performance of any obligation for products or services.

In addition, Surplus shall not be liable for any failure or non-compliance with respect to its services if such failure is caused by circumstances beyond surplus’s  control. Such circumstances include but are not limited to disruptions in the operations of  Surplus  and/or stores as a result of legislation, acts of state or public authorities, acts of war, terrorism, strikes, physical blockades, lockouts and natural disasters.

​​​​​8. Right of cancellation

Since the product is a perishable item, the customer does not have the right to cancel the order  during the pickup time

Due to the nature of the concept, Surplus  or stores  can cancel orders up to  5 minutes  before  pick-up time in the event the store does not have surplus food. In this case, the customer will receive a cancellation notification from  surplus  or the store via email and/or SMS provided that the contact information provided to  surplus  is correct. Customers will not be billed by  Surplus. The rationale for the right of cancellation explained above is to ensure that food is used and thereby to limit food waste.

​9. Complaint rights

It is recommended, that the client verify the contents of the shipment upon receipt.
In case of complaint, customer should contact surplus by sending an email with order No., information & pictures about the product and why the customer is not satisfied. After receiving a complaint, surplus will process the complaint in collaboration with the shop if relevant and the customer will receive a reply from surplus within 10 working days.

​10. Customer reviews

Specifically (but without limitation), any reviews a customer submits via the platform must not:

• contains defamatory, obscene or offensive material;
• promote violence or discrimination;
• violates the intellectual property rights of other people or legal entities;
• breaches a legal duty owed to a third party (such as a duty of confidence);
• promote illegal activities or invade another’s privacy
• give the impression that they come from us; Or
• used to impersonate another person or misrepresent your affiliation with another person.

The prohibited acts listed above are not exhaustive. Surplus  reserves the right (but does not assume, unless required by law, any obligation) to remove or edit any review posted, uploaded or transmitted to the platform if  surplus  determines that the review violates one or more of the prohibitions set forth above, which it otherwise does not merits or may expose the surplus or third parties to any loss or liability of any kind, or for any other reason.
Reviews contained on the platform are for informational purposes only and do not constitute advice of surplus. Reviews reflect the opinions of customers who have ordered through the platform or other third parties, and any statements, suggestions or opinions provided by such persons are solely theirs.Therefore, to the maximum extent permitted by law,  surplus  is not responsible or liable to anyone for any review, including without limitation any errors, defamation, obscenity, omissions or falsehoods a customer may experience in such review.

​11. Customer behavior

If a customer in any way misbehaves, insults employees or other customers of the store or  surplus, commits a crime against or in the store or  surplus, violates the code of conduct rules of the store or  surplus  or engages in similar behavior, surplus may, at surplus  discretion, Ban or suspend customers from platforms and services.

​​12. Intellectual

Customers may use the platform and print and download extracts from the platform for their personal non-commercial use on the following basis:

• Customers may not misuse the platform (including hacking or “Scraping”).
• Unless otherwise stated, copyright and other intellectual property in the platform and materials published on it (including without limitation photographs and graphic images) are owned by surplus  or  Surplus’s  surplus licensors. This work is protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these provisions, use of extracts from the platform other than in accordance with this clause 12 is prohibited.
• The customer must not modify the digital or paper copy of any material he prints in accordance with clause 12 and the customer must not use any images, photographs or other graphic, video or audio sequences separately from the accompanying text.
• Customers must ensure that their surplus status  as authors of material on the platform is always acknowledged and referenced.
• Customers are not permitted to use any material on the platform or the platform itself for commercial purposes without obtaining a license from surplus to do so.
• Except as stated in this Article 12, the platform may not be used, and no part of the platform may be reproduced or stored on another platform or included in any public or private electronic retrieval system or service, without the prior written permission of surplus.

​13. Governing law

These Terms and any contract for the purchase of products are subject to the laws of the country where the Exchange is located. Any dispute arising from or in connection with these provisions will – where such dispute cannot be resolved amicably – be decided by the courts of the country where the Exchange is located.

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