Terms of Service (General)
Starting from January 7, 2021
Welcome to the Thawaf App
1. General Conditions
PLEASE READ ALL OF THESE TERMS OF USE BEFORE ACCESSING OR USING THE THAWAF APPLICATION.
These Terms of Use are an agreement between the user (“You”) and Kuwais Lontarlab Foundation (“Us”), a foundation established and operating legally under the laws of the Republic of Indonesia and domiciled in Bandung, West Java, Indonesia. These Terms of Use govern Your access and use of the application, website (Thawaf.id and other websites managed by Us), content and products provided by Us (hereinafter, collectively referred to as the “Application”), as well as the ordering, payment or use of services available on the Application (“Services”).
Please note that We may change, modify, add and delete these Terms at any time without prior notice. These Terms should be read periodically. By continuing to use this Application after such changes to the Terms of Use, you agree and consent to the changes. If you use any of our other services, then your use is based on compliance with and acceptance of the terms and conditions applicable to that service.
2. Use of Applications and Services
Access and use of the Application is subject to these Terms of Use.
You have full freedom to choose to use the Application or another application, to use the Services available on the Application or not, or to stop using the Application.
We only facilitate You to find various Services that You need by providing the Application. Some Services are provided by third parties who agree to become Our service providers with a partnership scheme or other schemes (“Service Providers”).
When using the Services, the Application will connect you with Service Providers available in the vicinity of your location. As such, some Services may not be usable if you do not enable the location determination feature.
3. Thawaf Account Opening and Accessing
Before using the Application, You must agree to these Terms of Use and Privacy Policy, and register Yourself by providing the information required by Us. During registration, We will ask You to provide Your valid personal mobile phone number. You may change Your personal information in the “My Account” feature in the Application.
After registering, Our system will generate a verification code automatically and send the verification code via short message to the mobile phone number that You provide. You need to verify by entering the verification code on the registration page in the Application.
After verification, Our system will create a personal Thawaf account (“Account”) for You which can be used to use the Application and use the Services through the Application. Your mobile phone number is attached to your Account so you cannot create a new Account with an already registered mobile phone number.
In the event that You have logged out of Your Account, then You need to enter the mobile phone number that You provided when registering Yourself and enter the verification code, which is then sent automatically by Our system to Your registered mobile phone number, on the accessing page.
VERIFICATION CODE (ONE TIME PASSWORD/OTP) IS GENERATED AUTOMATICALLY BY OUR SYSTEM. WE DO NOT KNOW AND HAVE NEVER ASKED FOR YOUR VERIFICATION CODE. NEVER DISCLOSE YOUR VERIFICATION CODE TO ANYONE EVEN TO US OR OTHER PARTIES CLAIMING TO BE OUR REPRESENTATIVES.
If you change your mobile device, an OTP will still be required for you to log into the App.
4. Your account
Your Account can only be used by You and cannot be transferred to another person for any reason. We reserve the right to refuse to facilitate available services if We know or have sufficient reason to suspect that You have transferred or allowed Your Account to be used by someone else.
The security and confidentiality of Your Account, including Your registered name, registered mobile phone number, payment details and the Payment Method You choose, as well as the verification code generated and sent by Our system or the Payment Method Provider are entirely Your personal responsibility. All losses and risks arising from your failure to maintain security and confidentiality as mentioned shall be borne by You alone. In such event, We will consider any use or order placed through Your Account as a valid request from You.
Notify Us immediately if You know or suspect that Your Account has been used without Your knowledge and consent. We will take such action as We deem necessary and practicable against such non-consensual use.
5. Personal Information
The collection, storage, processing, use and sharing of your personal information, such as your name and mobile phone number that you provide when you open an Account is subject to the Privacy Policy, which is an integral part of these Terms of Use.
6. Content, Information and Promotions
We or other parties cooperating with Us may provide Third Party Content that You may find on the Application. In the event that Third Party Content is provided by other parties cooperating with Us (“Third Party Content Provider”), We are not responsible for any part of the content of the Third Party Content. Your access or use of such Third Party Content constitutes Your agreement to be subject to the terms and conditions set forth by Us or the Third Party Content Provider, including to Our or the Third Party Content Provider's Privacy Policy.
Third Party Content is any and/or all information and offers of goods and/or services, created and/or compiled and/or developed and/or managed by Third Party Content Providers including but not limited to text or writing, images, quotes or quotations, photos, illustrations, animations, videos, sound recordings or music, titles, descriptions and/or any data in any form provided by Third Party Content Providers to be displayed on the Thawaf Application, including any links connecting to them. For the avoidance of doubt, Third Party Content also includes any and/or all offers of goods and/or services, information, data, actual news, writings, images, quotes, photos, illustrations, animations, videos, sound recordings, obtained by Third Party Content Providers from third parties, where Third Party Content Providers have the authority to use and distribute such content.
We or other parties cooperating with Us may provide offers or promotions (“Offers”) that can be exchanged for goods, Services or other benefits related to the use of the Application. In the event that the Offer is provided by other parties in collaboration with Us (“Offer Provider”), We are not responsible for any part of the content of such Offer. Your access or use of the Offer constitutes Your agreement to be subject to the terms and conditions set forth by Us or the Offer Provider, including to Our or the Offer Provider's Privacy Policy.
All information, Offers contained on the Application are only intended to provide you with the best experience when using the Application or Service. You may not misuse the Offers you receive during the use of the Application or Service.
You agree to use the Offer in accordance with the terms, conditions and intent of the offer and will not misuse, duplicate, cash out, transfer, use for commercial purposes or take unfair advantage of the promotion in any form or manner.
You understand that Offers are not redeemable for cash, have a limited validity period and are subject to the conditions applicable to each such Offer.
7. Terms of Service Features
The services available on the Thawaf application come from several sources and are related to third parties, as follows:
a. Infaq, The infaq program available on the Thawaf application comes from the Indonesian Zakat Initiative (IZI) which will be reported by Thawaf regularly.
b. Hajj and Umrah Guide, taken from several sources, namely:
- Hajj & Umrah Guide, Publisher: Kuwais.
- Hajj & Umrah Guide (Saudi) by Talal bin Ahmad Al-Aqeel.
- Practical Guide for Hajj Travel, Ministry of Religious Affairs of the Republic of Indonesia.
c. Qur'an, Here are some of the sources used:
- Source data files of text, translation and audio murottal of the Qur'an are taken from : http://alquran.cloud
d. Weather, taken from http://api.openweathermap.org
8. Fees and Payments
The download of the software and the use of the App are free of charge.
Services available on the Application are subject to fees which you can find on the Application before you order such Services. We may change or update the fees from time to time based on certain factors, including location, time, type of Service and applicable laws and regulations. We may also charge a price and/or fee of a certain amount as payment for the use of the Application which may be levied by Us, Our affiliates, or Service Providers.
You may make payment for the Services, Third Party Content or Offerings that you access or use by cash or through electronic payment methods, provided by independent third parties (”Payment Method Providers“), on the Application, including bank accounts, or other payment methods (”Payment Methods“) which are subject to change at any time in our sole discretion.
To be able to make payments through a Payment Method, You must be officially registered with Your chosen Payment Method Provider and use Your own payment credentials. In the event that You use another party's registered credentials, You are solely responsible for all necessary licenses and all losses or disputes arising between You and such other party, whether due to Your negligence or fault, Us, Service Providers, Third Party Content Providers, Offer Providers or Payment Method Providers.
We reserve the right to refuse or delay to forward Your payment request through the Payment Method for certain reasons, including but not limited to any indication or We have sufficient reason to suspect fraud, fraud, violation of the Terms of Use, violation of applicable laws and regulations including those related to payment instruments using payment transaction processing, anti-money laundering, corruption and prevention of terrorism financing, or other actions that are unusual or suspicious, including the non-fulfillment of Your obligations to Us.
Further terms on the fees applicable to specific Services, Third Party Content, Offerings and/or Payment Methods can be found in the additional Terms of Use of the Service you are ordering and the terms and conditions of the Service Provider, Third Party Content Provider, Offering Provider and/or Payment Method Provider.
9. Application Software
We only provide authorized Application software on authorized digital marketplaces, such as the Google Play Store or Apple App Store, and for use only on mobile phones or tablet devices. Downloading the Application from anywhere other than authorized digital marketplaces and/or onto any device other than a mobile phone or tablet is a violation of these Terms of Use and of Our intellectual property rights.
10. Intellectual Property
The Application and Services, including but not limited to, names, logos, program codes, designs, trademarks, technology, databases, processes and business models, are protected by copyrights, brands, patents and other intellectual property rights available under the laws of the Republic of Indonesia registered either in Our name or Our affiliates. We (and Our licensors) own all rights and interests in the Application and Services, including all intellectual property rights related to all features contained therein and related intellectual property rights.
Subject to these Terms of Use, We grant You a non-exclusive, revocable, non-transferable limited license (without sublicense rights) to (i) download, access and use the Application, as is, only on Your personal mobile phone and/or tablet device and only for purposes related to the use of the Service, and (ii) access or use the content, information and related materials available on the Application only for personal and non-commercial purposes. Other rights and privileges not expressly granted in these Terms of Use, are reserved to Us or Our licensors.
Any duplication, distribution, creation of derivative works, sale or offer to sell, partial or complete display, and use of the Application and/or Services, whether digitally or otherwise or on devices other than mobile phones or tablets, including but not limited to the use of additional applications such as modification applications, emulators, etc., which deviate from these Terms of Use, as well as the intended use specified by Us, is a violation of Our intellectual property rights.
You may not:
a. remove any copyright, trademark or other proprietary rights notices contained in the Application;
b. copy, modify, adapt, translate, create derivative works from, distribute, license, sell, transfer, publicly display in whole or in part, reverse engineer, transmit, move, broadcast, decipher, or disassemble any part of or otherwise exploit the Application (including the software, features and Services therein);
c. license, sublicense, sell, resell, transfer, assign, distribute or commercially exploit or make available to others the Application and/or software by creating an internet link to the Application or "frame" or "mirror" any software on another server or wireless or internet-based device;
d. launch automated programs or scripts, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program that may make multiple server requests per second, create a heavy load or impede the operation and/or performance of the Application;
e. use any site search or retrieval application, manual or other automated device for scraping, indexing, surveying, data mining, or in any way reproduce or circumvent the navigational structure or presentation of the Application or its contents;
f. publish, distribute or reproduce in any way material protected by copyright, trademark, or other information owned by Us without prior written consent from Us or the owner of the rights who licenses the rights to Us, and
g. use and/or unauthorized access the Application to (i) damage, weaken or endanger any aspect of the Application, the Services or related systems and networks, and/or (ii) create similar counterfeit products or services using ideas, features, functions or graphics resembling the Application.
11. Your Responsibility
You are solely responsible for the decisions you make to use or access the Application, Services, Third Party Content, Offers or Payment Methods. You must treat Service Providers, Third Party Content Providers, Offer Providers and Payment Method Providers with respect and must not engage in unauthorized, threatening or harassing behavior or actions when using the Services, Third Party Content, Offers or Payment Methods
You are solely responsible for any losses and/or claims arising from the use of the Application, Services, Third Party Content, Offers or Payment Methods through your Account, whether by you or any other party using your Account, in a manner contrary to these Terms of Use, Privacy Policy, including the terms and conditions and privacy policy specified by the Service Provider, Third Party Content Provider, Offer Providers and Payment Method Providers, or applicable laws and regulations, including but not limited to anti-money laundering, anti-financing of terrorism, criminal activities, fraud in any form (including but not limited to phishing and/or social engineering activities), infringement of intellectual property rights, and/or other activities that harm the public and/or any other party or that can or are considered to damage Our reputation.
12. Limitation of Our Liability
We provide the Application as is and We do not represent or warrant that the reliability, timeliness, quality, suitability, availability, accuracy, completeness or security of the Application can meet your needs and will meet your expectations, including but not limited to Services, Third Party Content, Offers and Payment Methods which are the sole responsibility of Service Providers, Third Party Content Providers, Offer Providers and Payment Method Providers. We are not responsible for any loss or damage caused by any failure or error made by Service Providers, Third Party Content Providers, Offer Providers or Payment Method Providers or Your failure or error in complying with Our Terms of Use, Service Providers, Third Party Content Providers, Offer Providers or Payment Method Providers.
The Application may experience limitations, delays and other problems inherent in the use of the internet and electronic communications, including your device, Service Provider, Third Party Content Provider, Offer Provider or Payment Method Provider being damaged, disconnected from the internet, out of range, switched off or otherwise not functioning. We are not responsible for any delay, failure to deliver, damage or loss resulting from such problems.
We are not obligated to monitor Your access or use of the Application. However, We still conduct supervision for the purpose of ensuring the smooth use of the Application and to ensure compliance with these Terms of Use, applicable laws and regulations, court decisions, and/or the provisions of administrative agencies or other government bodies.
We have no obligation whatsoever, including to take any further action or legal action deemed necessary by You, the Service Provider, Third Party Content Provider, Offering Provider or Payment Method Provider, on any matter or dispute arising between You and the Service Provider, Third Party Content Provider, Offering Provider or Payment Method Provider. However, We will facilitate any issues or disputes arising between You and the Service Provider, Third Party Content Provider, Offering Provider or Payment Method Provider with reasonable efforts as necessary. When We facilitate the resolution of a problem or dispute between You and a Service Provider, Third Party Content Provider, Offering Provider or Payment Method Provider, We are not acting as a mediator and doing so does not give rise to any further liability to Us.
13. Problem Solving
If You experience a system disruption, know or suspect that Your Account has been hacked, used or misused by another party, or if Your personal mobile phone or tablet device is lost, stolen, hacked or affected by a virus, please report it to Us immediately so that We can immediately take the necessary actions to avoid further use, misuse or losses that have arisen or may arise.
If You experience any problems or issues related to the Service, Third Party Content, Offerings or payment through a Payment Method, or the treatment of a Service Provider, Third Party Content Provider, Offerings Provider or Payment Method Provider You may submit Your complaint through the features We provide, including ratings and comments, or by contacting Us.
In order to submit a complaint, question, objection, etc. (‘Report’), you need to provide sufficient information, including but not limited to, a summary of the facts that occurred, the evidence you have, the order number, and personal information, such as a registered mobile phone number.
To respond to each Report you submit, We will first verify by matching the information you provide and your personal information contained in Our system. If necessary, We may directly request You to provide the necessary information for verification purposes.
We may refuse to follow up on Your Report if the information You provide does not match the personal information contained in Our system or if the Report is submitted in relation to, against, on behalf of or by another party that is different from the owner of the Account in question who is officially registered on Our system. We may terminate the follow-up to Your Report if We, in Our sole discretion, consider that Your Report is not supported by sufficient and clear facts, or has been completed. We may also forward Your Report to the Service Provider, Third Party Content Provider, Offering Provider or Payment Method Provider for resolution directly by You and the Service Provider, Third Party Content Provider, Offering Provider or Payment Method Provider.
For certain Service-related Reports, We may, at Our sole discretion, facilitate a meeting between You and the Service Provider for the purpose of amicably and amicably resolving the matter. In such event, if You still feel the need to take any other action, including any legal action, You may do so at Your sole personal responsibility.
For certain Reports related to Payment Methods, We may refund You in a manner determined by Us or jointly with the Payment Method Provider, at Our sole discretion. We will not refund to another party different from the credentials registered to your Thawaf Account or Payment Method Provider, including if you use another party's credentials to make a payment through a Payment Method.
14. Temporary Freeze and Permanent Freeze of Thawaf Accounts
You may delete the Application from your mobile phone and/or tablet at any time. We do not have any liability to you for matters arising from the deletion of the Application, temporary freezing or permanent freezing of your Account. However, you are still responsible for settling your obligations that have arisen, including but not limited to, any obligations that may arise from disputes, claims, or other legal actions that have existed, prior to the date of deletion of the Application, temporary freezing or permanent freezing of your Account.
Your account may be temporarily frozen or may be permanently frozen for reasons including, but not limited to, the following:
a. Your report that your Account is being used or suspected of being used or abused by another person;
b. Your report that your personal mobile phone or tablet was lost, stolen or hacked;
c. We know or have reasonable grounds to suspect that your Account has been transferred or used by another person;
d. We know or have reasonable grounds to suspect that things have happened that in Our view have or could harm Us, You, Service Providers or other parties;
e. We know or have reasonable grounds to suspect that you have registered or logged in multiple Accounts on one device for the purpose of violating the Terms of Use, Privacy Policy or applicable laws and regulations.
f. Our system detects an improper use of Your Account or an obligation under the Terms of Use, and/or Privacy Policy that is not fulfilled by You;
g. You have passed away, been placed under guardianship or conservatorship or experienced other incapacity that makes You incapable of law based on applicable laws and regulations;
h. Use of the Application or Service by You or any other party (using Your Account) in a manner contrary to these Terms of Use, the Privacy Policy or applicable laws and regulations.
i. Orders for account freezing, whether temporary or permanent, issued by relevant government or monetary institutions or based on court orders issued in accordance with applicable laws and regulations.
15. Actions that We Consider Necessary
If We know or have sufficient reason to suspect that You have committed immoral acts, violations, crimes or other acts that are contrary to these Terms of Use and / or applicable laws and regulations, whether referred to in these Terms of Use or not, then We reserve the right to and may freeze the Account, either temporarily or permanently, or terminate Your access to the Application, including Services, Third Party Content, Offers and / or Payment Methods contained therein, conduct an examination, claim compensation, report to the authorities and / or take other actions that we deem necessary, including criminal and civil legal actions.
We will follow up by conducting an investigation and/or facilitating the relevant Service Provider to report to the authorities if We receive a report of a violation by You of these Terms of Use or a violation of the applicable laws and regulations, in connection with:
a. Verbal harassment or violence, including but not limited to, physical, gender, ethnicity, religion and race, committed by You against Service Providers;
b. Physical abuse or violence committed by you against a Service Provider; and/or
c. Sexual harassment or abuse, whether verbal or physical, committed by you against a Service Provider
d. This provision also applies otherwise if you experience any of the aforementioned acts committed by a Service Provider against you
16. Your Statement
You represent and warrant that you are at least 18 (eighteen) years of age or married and not under guardianship or conservatorship and you legally have the capacity and right to bind yourself to these Terms of Use. If you do not meet these conditions but still access or use the Application, Services, Third Party Content, Offers or Payment Methods, you represent and warrant that your actions to open, access or perform other activities in the Application have been approved by your parents, guardian or custodian. You expressly waive any right under law to cancel or revoke any and all consents given by you under these Terms of Use at such time as you are deemed to be of legal age.
You agree to access or use the Application, Services, Third Party Content, Offers or Payment Methods only for the purposes as specified in these Terms of Use and not to misuse or use the Application, Services, Third Party Content, Offers or Payment Methods for the purpose of fraud, causing inconvenience to others, making false orders or other actions that can or are considered to cause harm in any form to others.
You understand and agree that all risks arising from the use of the Application, Services, Third Party Content, Offers and Payment Methods are entirely your responsibility and you hereby agree to release us from any claims whatsoever in connection with damage, disruption, or other forms of system disruption caused by unauthorized access by other parties.
You expressly release Us, including but not limited to, Our officers, directors, commissioners, employees and agents, from any and all liabilities, consequences, losses whether material or immaterial, claims, costs (including advocate fees) or other legal responsibilities that arise or may arise from Your breach of these Terms of Use or in connection with the actions of the Service Provider, Third Party Content Provider, Offer Provider or Payment Method Provider.
Notwithstanding the foregoing, in the event of any direct damages resulting from Our breach of these Terms of Use, You agree and expressly limit the amount of Your claim to the total amount actually incurred or paid in connection with such event.
YOU ACKNOWLEDGE THAT WE ARE A TECHNOLOGY COMPANY, NOT A TRAVEL, TRANSPORTATION, COURIER, POSTAL, DELIVERY, LOGISTICS, FINANCIAL AND OTHER SERVICES COMPANY AND WE DO NOT PROVIDE TRAVEL, TRANSPORTATION, COURIER, POSTAL, DELIVERY, LOGISTICS, FINANCIAL AND OTHER SERVICES. ALL TRANSPORTATION, courier, postal, DELIVERY SERVICES, LOGISTICS, FINANCIAL AND OTHER SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTIES NOT OWNED BY US.
BY CONTINUING TO ACCESS OR USE THE THAWAF APPLICATION AND/OR SERVICES, YOU AGREE TO BE SUBJECT TO AND COMPLY WITH ALL RELEVANT LAWS AND REGULATIONS AND THESE TERMS OF USE, INCLUDING ALL AMENDMENTS THERETO AND THE TERMS OF USE OF ANY SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS, OFFER PROVIDERS OR PAYMENT METHOD PROVIDERS. IMMEDIATELY CEASE ACCESSING OR USING THE THAWAF APPLICATION AND/OR SERVICES IF YOU DISAGREE WITH ANY PART OF THESE TERMS OF USE.
17. Force Majeure
The Application may be interrupted by events beyond Our authority or control (“Force Majeure”), including but not limited to natural disasters, power disruptions, telecommunications disruptions, government policies, and others. You agree to release Us from any claims and responsibilities, if We are unable to facilitate the Service, including fulfilling the instructions that You provide through the Application, either in part or in full, due to a Force Majeure.
18. Other
You understand and agree that these Terms of Use constitute an agreement in electronic form and Your actions when entering a mobile phone number and OTP code to register when opening an Account or logging in to the application when accessing Your Account constitutes Your active agreement to bind yourself in an agreement with Us so that the validity of these Terms of Use and the Privacy Policy is valid and legally binding and continues to apply throughout Your use of the Application and Services.
You will not raise any claim or objection to the validity of the Terms of Use or Privacy Policy made in electronic form.
You may not assign Your rights under these Terms of Use without Our prior written consent. However, We may assign Our rights under these Terms of Use at any time to any other party without the need to obtain prior consent from or provide prior notice to You.
If You do not comply with or violate the provisions of these Terms of Use, and We do not take immediate action, it does not mean that We waive Our right to take necessary action in the future.
These Terms remain in effect even after a temporary freeze, permanent freeze, deletion of the Application or after the termination of this agreement between You and Us.
If any of the provisions of these Terms of Use are unenforceable, that will not affect the remaining provisions.
These Terms of Use are governed by the laws of the Republic of Indonesia. Any and all disputes arising from the use of the Application or Service are subject to the exclusive jurisdiction of the Bandung City District Court.
19. How to Contact Us
You can contact us via whatsapp to +62 81311100883. All your correspondence will be recorded, recorded and stored for our archives.
I have read and understood all of these Terms of Use and its consequences and hereby accept every right, obligation, and provision set forth therein.