Terms & Conditions

PT Esensi Solusi Buana (“We” or “ESB”) is a technology company providing platforms, applications, and services created specifically for the F&B (Food & Beverage) industry, which also provides integrated F&B technology ecosystem through end-to-end Enterprise Resource Planning (ERP) application system that we create, own, and develop for F&B businesses and is used by F&B business actors and other relevant business actors (“F&B Service Provider”).

Similar to other service providers, We have our own terms and conditions which users are obliged to agree with in order to access, download, and use Our sites, platforms, applications, products, and/or services. For ease of understanding, We have created a summary of these terms and conditions.

Terms and conditions refers to a binding agreement between User ("You”) and Us, which governs the conditions and terms for visiting, accessing, downloading, and using Our sites (https://www.esb.id, related sites, and microsites accessed through https://www.esb.id and other sites owned, managed, and controled by ESB) (”ESB Sites”), applications, services, platforms, contents, and products in ESB Sites and/or those provided by Us and/or Our affiliates (hereinafter referred to as “ESB Products”); as well as orders, payments or usage of services available in ESB Products, and/or other services available or used in or through ESB Sites, ESB Products, and/or ESB Services, either provided by F&B Service Providers or Us (hereinafter referred to as “Services”).

By visiting, accessing, downloading, or using ESB Sites, Products, and/or Services, You acknowledge and agree that You have carefully read, understand, accept and approve: (a) all terms and conditions for accessing, downloading, and using ESB Sites, Producs, and/or Services, (b) additional terms and conditions, including terms and conditions applicable in every one of ESB Sites, Products, and/or Services, and (c) Our Privacy Policy (https://www.esb.id/kebijakan-privasi), and all its changes and additions that We create from time to time (hereinafter referred to as “Terms and Conditions”). Terms and conditions are also applicable every time You conduct transactions using ESB Sites, Products, and/or Services through other platform of partner provider that sign working agreements with Us and use ESB Sites, Products, and/or Services as a method of ordering.

PLEASE READ ALL OF THE TERMS AND CONDITIONS BEFORE YOU ACCESS, DOWNLOAD, OR USE ESB SITES, PRODUCTS, AND/OR SERVICES.

You have full freedom to use or not use or stop using ESB Sites, Products, and/or Services or other applications or platforms and/or services.

• Terms and Conditions are applicable and must be observed when visiting, accessing, downloading, and using ESB Sites, Products, and/or Services.
• Each of ESB Products and Services has their own specific terms and conditions according to the type, operational system, and technical system of each ESB Product and Service, which must be approved prior to being able to access and/or use said Products and/or Services.
• ESB Products and/or Services only facilitate and connect You with Service Providers to order food and beverages and other servicess from said Service Providers that are available in ESB Sites, Products, and/or Services that You choose and You desire.
• All orders, transactions, payments, and deliveries (hereinafter referred to as “Transactions”) that You create through ESB Sites, Products, and/or Services are direct Transactions with Service Providers.
• Service Providers are fully responsible for fulfilling orders and/or other services that said Service Providers provide in ESB Sites, Products, and/or Services that have been paid by You.
• The handovers and deliveries of Your orders may be performed by Service Providers or other third parties selected and/or provided by Service Providers.
• Service Providers can choose to activate or deactivate functions within ESB Sites, Products, and/or Services or any functions or parts in ESB Sites, Products, and/or Services, platforms, or services where Service Providers have the freedom to activate or deactivate.
• Refund

  Transaction Failure refers to orders and/or services in ESB Sites, Products, and/or Services that You have paid for but is not fulfilled by Service Providers, which may be due to Service Providers' errors or the errors from the system, Service Providers' platform systems, or payment systems.

  In the event of Transaction Failure, You reserve the right to obtain refund in the form of electronic money up to the amount that You have paid for the orders and/or services that the Service Providers fail to fulfill, according to Terms and Conditions that are applicable in each of the ESB Products and/or Services used.

Before using ESB Products or Services, You are obliged to: (a) agree to the Terms and Conditions as well as Privacy Policy (https://www.esb.id/kebijakan-privasi); and (b) create account (“Account”).

Using this Account, You can perform Transactions via ESB Products or Services.

When You register to create Account, We shall ask for Your Personal Data as stipulated in Our Privacy Policy. Please access Our Privacy Policy here https://www.esb.id/kebijakan-privasi to learn and understand further about the registration, collection, and handling of Your Personal Data.

Account is protected with name of user username and password that are determined and known by the User alone.

To create Account: You must be at least 18 (eighteen) years of age, legally competent, and you are obliged to read, understand, and agree to the Terms and Conditions.

You are fully responsible for every Personal Data, data, information, and remarks (“Data”) that You give in creating the Account, and You guarantee that You are the rightful owner and/or possess full rights on said Data, and all the Data that You submit or note when registering the Account and in accessing, downloading, and using ESB Sites, Products, and/or Services is, every time, true, complete, accurate, latest and not misleading and not in violation against any right (including but not limited to intellectual property rights) or the interest of any parties. Your submission of Data to Us or in or through ESB Sites, Products, and/or Services or Our system is not in violation of any applicable laws.

Account may not be transfered, sold, given to another person or any other parties, and You are prohibited from allowing other people or parties to use Your Account, for any reason whatsoever. We reserve the right to deny facilitating any orders or Transactions or activities that are performed through or in Your Account if We possess reasonable doubts to suspect that You have transferred, sold, or given Your Account to any other people or parties, or allowed any other people or parties to use Your Account.

The security and confidentiality of Your Account, including registered names, emails, cellular phone numbers, payment details, and payment methods that You choose and register for Your Account, along with the verification code created and sent by systems are Your own full responsibility. All losses and risks arising from Your negligence in maintaining said security and confidentiality shall be Your own full responsibility. Having said that, We consider every usage or order or Transaction or activity created through Your account is usage, order, Transaction, and/or activity that You perform yourself.

Immediately inform Us if You learn or suspect that Your Account may have ben used or accessed without your knowledge and approval. We will take actions that We deem necessary and that We can do perform against such unauthorized usage or access.

After the Account that You make have been verified according to Terms and Conditions, We will activate Your Account, and You can begin accessing and using ESB Sites, Products, and/or Services with Your Account.

You can only and are only allowed to visit, access, or use ESB Sites, Products, and/or Services (a) according to Terms and Conditions, and (b) for objectives that are legitimate and You are prohibited from objectives or actions that are fraudulent, in violation of laws, criminal and actions, activities, conducts or other objectives that violate or in breach of applicable laws, regulations as well as the rights or interest of any parties. You are fully responsible for checking and ensuring that You have downloaded the correct software for Your device.

We are not reponsible if You do not own a device that is compatible with ESB Sites, Products, and/or Services or if You download the wrong software version for Your device.

ESB Sites, Products, and/or Services must be used for Your own personal interests or for the interests of legal entities, business entities, civil association or other parties that You legitimately represent, and in or when using ESB Sites, Products, and/or Services, You agree to comply with and implement all stipulations of applicable laws and regulations.

By conducting activities and/or Transactions through ESB Sites, Products, and/or Services, You understand that all communication and instructions that We receive from You will be treated as solid evidence although they may not be created in written document form or published in signed document form, dan, hereby, You agree to compensate and release Us and our associates from any losses, responsibilities, demands and expenses (including litigation cost) that may arise with regards to Your activities, Transactions, and/or executions of Your instructions.

You are prohibited from accessing or using ESB Sites, Products, and/or Services or conduct any transactions or activities whatsoever: (a) for objectives, events, activities or actions that are in violation of laws or in breach of the rights or interests (including intellectual property rights or privacy rights belonging to any parties); (b) that contain materials or elements that are dangerous or damaging to any parties; (c) that contain software virus, worm, trojan horses or any other dangerous computer codes, files, scripts, agents or programs; and (d) that disrupt the integrity or perfrmance of ESB Sites, Products, and/or Services and their supporting systems.

You are prohibited from conducting any actions whatsoever, including in or through ESB Sites, Products, and/or Services, that can damage or disturb Our reputation.

You shall not give the right, authorization and/or power of attorney in any forms and in any conditions whatsoever to any other people or parties to use Data and/or Account in ESB Sites, Products, and/or Services, and You for any reasons and in any conditions whatsoever shall not and are prohibited from transfering Your Account to any other people or parties.

ESB Sites, Products, and/or Services is provided “as is”. We do not give any statements of or guarantee in any forms the reliability, security, punctuality, quality, suitability, availability, accuracy and/or completeness of ESB Sites, Products, and/or Services. We do not provide statements or guarantee in any forms that:

1. access or usage of ESB Sites, Products, and/or Services (or parts thereof) will be secure, punctual, undisrupted or free of errors, disruptions, virus or other obstacles or other dangerous components;
2. ESB Sites, Products, and/or Services can remain in operation or use together with or in combination with other devices (hardware and software) or other parties' systems that we do not provide or own in order to operate ESB Sites, Products, and/or Services;
3. provision and/or quality of ESB Sites, Products, and/or Services or the smoothness of transactions or usage of Your account will fulfill Your expectation;
4. Every Data of Transactions and activities that We store or is stored in ESB Sites, Products, and/or Services and their supporting systems is accurate or true; and
5. there will not be any errors, disruption or deformation in ESB Sites, Products, and/or Services and their supporting systems.

Considering that We only play the role of a platform provider, We are therefore not reponsible for the contents, forms, types and/or availability of the Service Providers' Services and other things related to said Services that are full responsibility of said Service Providers.

We reserve the right to block and/or close any User Accounts and/or their services/facilities if: (a) We understand and have reasonable doubts to declare that a crime has or will take place with regards to said User Account and/or services/facilities; (b) Users provide data that is invalid/incomplete to Us; (c) there is a written request from institutions such as Police, Attorne General, Court, Pusat Pelaporan and Analisis Transactions Keuangan (PPATK), tax office or any other authorized institutions according to applicable laws and regulations or to fulfill any obligations/debts that the Users have not resolved.

ESB Sites, Products, Services, Account, and/or systems may or can experience, or there may exist or occur, limitations, lateness, and/or other problems including those that are due to or with regards to (a) unavailable or limited network (including Internet network) and/or usage or (b) unavailable, disrupted, or malfunctioning features in the device that You use. We are not reponsible for any lateness, obstacles, unsuccess, disruption or failures of any activities or transactions arising from the aforementioned causes.

The following possibilities exist: (a) systems or ESB Sites, Products, and/or Services (or any parts thereof) are unstable, disrupted, stop, not working well, working imperfectly and/or have several bugs, and/or (b) ESB Sites, Products, and/or Services (or certain features or parts) can change, become unavailable, and for these You agree to not make any claims or demands whatsoever against Us.

We, in any conditions, are not responsible for any claims or demands, from any parties including You, or for any losses You and any parties suffer as a consequence from or with regards to:

1. loss of Data;
2. loss of revenue, profit or other income;
3. loss of, damages or injuries arising from, or with regards to Your access or usage in ESB Sites, Products, and/or Services or Your inability or mistakes in accessing or using ESB Sites, Products, and/or Services; or
4. demands and litigations that You face arising due to Your submission of Data or information that is incomplete or due to failure to perform Your instructions, such s among others cancelation, instruction changes (for instructions that have not yet been performed) that are submitted to Us, unless said losses are legally proven to have occured due to Our intentional mistakes or negligence.

You hereby agree and bind yourself to release Us from any and all claims or demands in any forms, from any parties and anywhere they are made, arising or occuring with regards to or as a consequence from:

1. usage of Data by Us based on Terms and Conditions or based on approval, acknowledgement, authorization, power of attorney and/or right that You give directly and indirectly to Us in Terms and Conditions;
2. submission of Data directly and indirectly by You to Us or in or through ESB Sites, Products, and/or Services that You perform (i) in violation of the laws or applicable regulations, (ii) in breach of any rights (including intellectual property rights) belonging to anyone or any parties, or (iii) in breach of any contracts, cooperations, agreements, deeds, statements, stipulations, decisions and/or documents in which You are a party to or where You or Your asset are bound;
3. access or usage of ESB Sites, Products, Services, and/or Account (i) illegitimately, (ii) in breach of applicable laws, (iii) in breach of Terms and Conditions, and/or (iv) for actions or objectives that are fraudulent, criminal, illegitimate or other violations of laws.

As User, You are responsible for always maintaining the confidentiality of Your Account, including but not limited to: Your Account Data, the password that You use to log in and access Account and use ESB Sites, Products, and/or Services. Therefore, We are not reponsible in any forms if, You suffer from losses due to Your negligence in maintaining the confidentiality of Your Account, and You hereby release Us, our board of directors, board of commissioners, employees, agents, and/or affiliates, from any demands, litigations, compensations, and/or claims that You submit with regards to illegitimate usage and/or access against Your Account.

You hereby agree and bind yourself to compensate all losses that We suffer and replace all fees, costs, charges and expenses that We have spent or may spend with regards to or as a consequence of Your Claims against this “Restriction of Responsibility” (including but not limited to legal fees that we spend or pay to conduct defense or other actions necessary related to said Claims).

You understand and acknowledge that We are a technology company, not a company of F&B Service Provider, or provider of Transportation Service, logistics, financial, and other types of companies, and We do not provide services of F&B, transportation, logistics, financial, and other services. All F&B, transportation, logistics, financial, and other services are provided by third parties that we do not employ.

By continuing to access or use ESB Sites, Products, and/or Services, You hereby agree to bind yourself and comply with all Terms and Conditions and applicable laws and regulations, including all changes and terms and conditions of every Service Provider, and other third parties including but not limited to providers of payment methods and payment gateway.

Immediately stop visiting, accessing, or using ESB Sites, Products, and/or Services if You do not agree with any parts of these Terms and Conditions.

You agree that the collection, usage and submission of data, information, and remarks that you give Us shall comply with the Terms and Conditions and Privacy Policy available at: https://www.esb.id/kebijakan-privasi which shall be inseparable from the Terms and Conditions.

All ESB Sites, Products, and/or Services and their supporting system including but not limited to all: (a) layout, design and display of ESB Sites, Products, and/or Services available in or displayed on media in ESB Sites, Products, and/or Services; (b) logo, photo, pictures, names, brands, words, letters, numbers, writing, and color composition in ESB Sites, Products, and/or Services; and (c) combinations of the elements referred to in points (a) dan(b), are Intellectual property rights fully owned by ESB and no other parties have the rights on ESB Sites, Products, and/or Services and on the layout, design and display of ESB Sites, Products, and/or Services.

Complying to the Terms and Conditions, We provide to You limited non-exclusive permission, that can be revoked and cannot be transfered by You, to: (a) download, access, and use ESB Sites, Products, and/or Services, as is, only for devices in the form of cellular phones and/or tablets and only for the objective of using ESB Sites, Products, and/or Services, and (b) access or use content, information and relevant materials available in ESB Sites, Products, and/or Services only for personal interest and for the objective of Transactions according to Terms and Conditions. All rights and privileges provided here belong to Us or our licensor.

You are prohibited from, with any means and for any reasons, to (i) delete, copy, modify, adapt, translate, create derivatives, distribute, sell, transfer, display in public, recreate, transmit, move, broadcast, elaborate, or disassemble any parts from or in any other ways exploit ESB Sites, Products, and/or Services (including their support system and services within), unless permitted in Terms and Conditions, (ii) provide license, sublicense, sell, resell, move, transfer, distribute or exploit commercially or otherwise make them available to a third party and/or software; (iii) publish, distribute or duplicate materials that are protected by copy right, trade rights, or other information rights that We have, (iv) delete every copyright, trade mark or other notification of rights contained in ESB Sites, Products, and/or Services, (v) re-engineer or access ESB Sites, Product, and/or Services and/or their support system to (a) create competing products or services, (b) build products using similar ideas, features, functions or graphics, or (c) copy ideas, features, functions or graphics, (vi) launch automatic programs or scripts, including, but not limited to, web crawlers, web robots, web indexers, bots, viruses, worms, or other similar applications and all other programs that might create several server requests per second, create heavy load or hamper the operations and/or performance of ESB Sites, Products, and/or Services, (vii) use robot, spider, site search/retrieval applications, or other manual or automatic devices or processes to retrieve, index, mine dataor or with any other means to duplicate or avoid the structure of navigation or presentation in ESB Sites, Products, and/or Services and the contents within.

It is possible that We may not be able to perform or continue activities or Transactions and orders or instructions from Users through ESB Sites, Products, Services, or Account, in parts or as a whole, due to events or matters beyond our control or ability including but not limited to (a) all disturbances caused by computer virus, (b) trojan horses within the systems, (c) components or systems that can endager and disrupt ESB Sites, Products, Services, system, and/or Account, (d) services of Internet Service Provider or services from other Service Providers or other third parties available in ESB Sites, Products, and/or Services and/or (e) natural disasters, wars, riots, equipment condition, malfunctioning systems or transmission, electrical disturbance, telecommunication disturbance, government policy, failure of the banking and/or financial system and other incidents or causes beyond our control or capability. You hereby agree that We are released from all demands, if We are unable to perform Your instructions, in parts of as a whole, due to said Force Majeure.

These Terms and Conditions are governed by and interpreted based on the laws of the Republic of Indonesia.

Each and every dispute arising with regards to access or usage of ESB Sites, Products, and/or Services must be resolved exclusively at Tangerang District Court.

You understand and fully agree that these Terms and Conditions serve as an electronic agreement and Your action upon clicking the button or choosing the link that says “register” when creating Account or clicking the button or choosing the link that says “login” upon logging into Your Account, is a concrete agreement on your part to bind yourself to these Terms and Conditions and serves as a binding in a legitimate agreement between You and Us, therefor making these Terms and Conditions and Privacy Policy legitimately and legally binding on You and shall continue to be applicable when You are visiting, accessing, downloading, and/or using ESB Sites, Products, and/or Services.

You understand and guarantee that You shall not question or submit litigations or cancelation request or void request against the Terms and Conditions or Privacy Policy that are created electronically.

You are prohibited from transfering, novating, or pawning any parts of these Terms and Conditions without prior written approval from Us; however, We may transfer Our rights and obligations or any parts thereof to any parties any time without Your prior approval or without any notification whatsoever to You.

In the event of non-compliance or violations against any of the Terms and Conditions by You, against which We take no action, our non-action shall not be interpreted as waiving our rights to take action against Your non-compliance or violation.

Terms and Conditions remain and continue to be applicable although Account, ESB Sites, Products, and/or Services are postponed, terminated, or deleted, or the agreement between You and Us are terminated or ends.

Certain contents or conditions in Terms and Conditions that is not applicable shall bear no effect on the applicability of other contents and conditions in these Terms and Conditions.

All approval, power of attorney, authorization and/or right that You give to Us in Terms and Conditions cannot be terminated for any reasons whatsoever including reasons referred to in Articles 1813, 1814, dan1816 Civil Code while You are still using ESB Services or Products and/or Services or still using and/or owning Your Account.

You hereby release Us from all Claims with regards to performing all actions based on the power of attorney, authorization and/or right that You Give to Us in or based on Terms and Conditions, and Our performance of rights or authorization based on Terms and Conditions.

For problems related to ESB Sites, Products, Services, and/or Your Account, or questions about these Terms and Conditions, You can request assistance (by providing supporting evidence), via:

We reserve the right to, from time to time, make changes, addition, and/or modification on all or some of the contents of the Terms and Conditions and Privacy Policy by announcing them through ESB Sites, Products, Services, and/or site www.esb.id. If You continue visiting, accessing, and/or using ESB Sites, Products, Services, and/or Your Account after said changes, additions and/or modifications, You are deemed to have acknowledged and agreed that You approve of said changes, additions and/or modifications. If You disagree with said changes, additions and/or modifications, immediately stop visiting, accessing, and/or using ESB Sites, Products, Services, and/or Your Account.