Privacy Policy

TIPIO Terms and Conditions

About the Platform

Thank you for using the Tipio App Platform (the “Platform”), an online, android and iOS based platform that allows the posting of missions in the form of surveys or tasks (the “Missions”), between:

business and corporate users of the Platform who need the Missions completed (the “Clients”); and
individuals who would like to undertake the Missions and receive payment for the same (the “Shoppers” )(collectively referred to as the “Services”)

The Platform is operated by Tipio. Access to and use of the Platform, or any of its associated products, is provided by Tipio. Please read these terms and conditions (the “Terms”) carefully. By using, browsing and/or signing up for use of the Platform, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Platform immediately.
Tipio reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Tipio updates the Terms, it will use reasonable endeavours to provide you with notice of same. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

Acceptance of the Terms

You accept the Terms by registering for the Services and/or accepting the Terms by clicking to accept or agree to the Terms where and if this option is made available to you by Tipio in the user interface of the Platform.

The Services

In order to access the Services, you are required to register for an account with Tipio (the “Account”) and set up a personal profile.
As part of the registration process, or as part of your continued use of the Services, you will be required to provide personal information about yourself (such as identification, contact details, likes and interests etc). You will also be requested to provide Tipio with:

a phone number;
an email address;
a password;
payment details;

Tipio may provide you with an opportunity to register for an account by using details you have provided to third parties such as Google or Facebook. Where you choose to register for an account through this method, you acknowledge and agree that Tipio will need to exchange personal information with those third parties.
You agree that any registration information you give to Tipio will always be accurate, correct and up to date.
Once you have completed the registration process you will be a registered member (the “Member”) and agree to be bound by these Terms.
You may not use the Services and may not accept the Terms if:

you are not of legal age to form a binding contract with Tipio; or
you are a person barred from receiving the Services under the laws of Indonesia or other countries including the country in which you are resident or from which you use the Services.

Your account obligations

As a Member, you agree to comply with the following:

not to share your profile with any other person;
use the Services only for purposes that are permitted by:

the Terms; and
any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Tipio of any unauthorized use of your password or email address or any breach of security of which you have become aware;
you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;
you agree not to harass, impersonate, stalk, threaten another Member of the Platform;
access and use of the Platform is limited, non-transferable and allows for the sole use of the Platform by you for the purposes of providing the Services;
you will not use the Services or Platform for any illegal and/or unauthorized use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Platform;
you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by Tipio for any illegal or unauthorized use of the Platform; and
you acknowledge and agree that any automated use of the Platform or its Services is prohibited.

As a Shopper, you acknowledge that you will be engaged as an independent contractor and that you are solely responsible for taking this into consideration in respect to any tax or insurance obligations that you hold when engaging in the Services.

Using the Services as a Shopper

As a Shopper, the Platform provides you with the opportunity to:

view Missions posted by Clients;
express an interest in specific Missions for which you would like to be engaged;
sign up for Missions;
complete the Missions by answering questions or completing set tasks; and
receive payment from Tipio for performing the Mission (the “Survey Fee” or Reimbursement Fee/ Tipio coins)

You acknowledge that the Missions can be cancelled or rejected by the Clients. For more information please refer to the Frequently Asked Questions available through the Website.
You acknowledge that, in using the Services, you are not employed by Tipio or the Client in any capacity and, accordingly, you do not have any rights as an employee or agent of Tipio. You agree that when reviewing the Missions, interacting with the Client, or completing the Mission, or anytime thereafter; you will:

comply with all laws and regulations which apply to the Mission. This includes, but is not limited to:

the Consumer Guarantees with respect to services, that being that the Mission will completed with due care and skill; any work you provide will be fit for a particular purpose; and that the Mission will be completed within a reasonable period of time if no time is set; and
you not misleading or deceiving the Clients regarding any facet of your experience or qualifications;

comply with any licencing or permit requirements should you require a licence or permit to complete the Mission;
obtain professional indemnity insurance if the Mission requires professional indemnity insurance;
obtain public liability insurance if the Mission is being held at a public location where no public liability insurance is held by the occupier;
comply with all applicable tax, workplace and industrial relations laws to which you may be subject;
provide the Client with a copy of your professional liability or public liability insurance policy within seven (7) days upon request by Tipio or the Client;
provide the Client with evidence of your permit or licence number (if required by law) within seven (7) days upon request by the Client;

By Tipio offering the Services to you, you acknowledge and agree that:

The Client will pay a percentage of the Survey Fee to Tipio as comSurvey for the provision of your services to the Client (the “ComSurvey Fee”);
The remaining percentage of the Mission Fee (the “Shopper Payment”) will be held on your behalf cumulatively (the “Account Balance”) until your Account Balance exceeds IDR 50,000 and until the following occurs:

You elect to manually transfer the Shopper Payment to your bank account using the “Withdraw” option available through the Platform, at which time the Shopper Payment will be transferred to you less any merchant banking service charges (the “Service Charge”) incurred in the course of transferring the Shopper Payment to you.

Please note that if you are inactive on the Platform for more than twelve (12) months, then your Account Balance will automatically be reset to IDR 0.00 and your account will be closed.
As a Shopper, you acknowledge and agree that Tipio will be provided with an opportunity to rate the level of expertise that you have shown in completing the Survey. This will then be calculated by Tipio subject to the total Surveys you have completed in order to obtain a rating.

Engagement as an Independent Contractor

You acknowledge and agree that in arranging to perform the Survey for the Client, you are not employed by either Tipio or the Client in any capacity and are not entitled to any rights as an employee in relation to same.
You understand that, in performing the Survey, you will be engaged solely as an Independent Contractor by Tipio and that this may, where applicable, carry with it certain obligations including but not limited to:

obtaining an Indonesian Business Number or Indonesian Company Number;
maintaining your own timesheets and records of work completed;
providing and using your own tools;
paying your own tax and superannuation payments; and
paying for any professional indemnity or public liability insurances.

You warrant that in using the Services, you have taken all reasonable steps to ensure that you are able to be engaged as an Independent Contractor.

Obligations as an Independent Contractor

Confidential Information

By accepting these Terms, and arranging to perform a Survey through the Services, the Shopper acknowledges and agrees that they will not, during the course of the Survey or thereafter, except with the consent of Tipio, as required by law or in the performance of their duties, use or disclose confidential information relating to the business of Tipio and/or the Client, including but not limited client lists, trade secrets, client and supplier details, pricing structures, Tipio or the Client’s financial information or results, any information with respect to Tipio or the Client’s plans, strategies and forecasts and all documents created by the Shopper during the course of the Survey (the “Confidential Information”).
The Confidential Information remains the sole property of Tipio, who may also hold it on behalf of the Client. The Survey shall not either during or after the Survey, without the prior consent of Tipio, directly or indirectly divulge to any person or use the Confidential Information for his or her own or another’s benefit.

Intellectual Property

In engaging with Tipio to perform the Survey, the Shopper may create or have access to Intellectual Property Rights in relation to the work performed as part of the Survey. For the avoidance of doubt, Intellectual Property Rights means all past, present and future rights in relation to copyright, trademarks, designs, patents or other proprietary rights, or any rights to registration of such rights, whether created directly or indirectly during the performance of the Survey (the “Intellectual Property Rights”).
The Shopper recognises that all Intellectual Property Rights are the property of Tipio and the Shopper agrees to take all such steps as practicable to ensure that the Intellectual Property Rights will vest in, and remain vested, in Tipio during and after the course of the Survey.
The Shopper assigns to Tipio all and any Intellectual Property Rights created, written, developed or otherwise brought into existence by the Shopper during the course of the Survey or whilst using either Tipio or the Client’s facilities, or otherwise.
The Shopper warrants that Tipio owns the Intellectual Property created by the Shopper in the course of the Survey and hereby expressly authorises Tipio to use all or any such work and the Shopper agrees that it does not have any right or interest in respect of any Intellectual Property currently being used or capable of being used in Tipio or the Client’s business.
The Shopper hereby indemnifies and agrees to keep indemnified Tipio against all liability, losses or expenses incurred by Tipio in relation to or in any way directly or indirectly connected with any breach of these Terms.
The Shopper agrees to sign all documents and take all necessary steps to assign the Intellectual Property Rights to Tipio when requested to do so by Tipio.

Moral Rights

To the extent that the Shopper has Moral Rights in the Intellectual Property, the Shopper gives Moral Rights Consent. For the purposes of these Terms, “Moral Rights” means any moral rights including the rights described in Article 6 of the Berne Convention for protection of Literary and Artistic Works 1886 (as amended and revised from time to time) being “droit moral” or other analogous rights arising under any statute (including the Copyright Act 1968 (Cth) or any law of Indonesia), that exist or that may come to exist, anywhere in the world. A “Moral Rights Consent” means a waiver of Moral Rights to the extent permitted by law and an unconditional consent to any act or Survey in relation to the Intellectual Property Rights by or on behalf of Tipio and/or the Client, its Personnel or any licensee or subsequent owner of copyright in the Material.

Copyright and Intellectual Property of Tipio

The Platform, the Services and all of the related products of Tipio are subject to copyright. The material on the Platform is protected by copyright under the laws of Indonesia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Platform (including but not limited to text, graphics, logos, button icons, video images, audio clips, Platform, code, scripts, design elements and interactive features) (the “Content”) are owned or controlled for these purposes, and are reserved by Tipio or its contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by Tipio, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a member to:

download the Platform to a device via a web browser, the Google Play Client or the Apple App Client;
use the Platform pursuant to the Terms;
copy the Platform and the material contained in the Platform in your device’s cache memory; and
print pages from the Platform for your own personal and non-commercial use.
Tipio does not grant you any other rights whatsoever in relation to the Platform or the material on the Platform. All other rights are expressly reserved by Tipio.

Tipio retains all rights, title and interest in and to the Platform and all related content. Nothing you do on or in relation to the Platform will transfer any:

business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

You may not, without the prior written perSurvey of Tipio and the perSurvey of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Platform which are freely available for re-use or are in the public domain.
If you broadcast, publish, upload, transmit, post or distribute any content on the Platform or to Tipio (“Your Content”), then you grant to them a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.

General Disclaimer

Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Indonesian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause 9, and to the extent permitted by law:

all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
Tipio we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Platform and the Services is at your own risk. Everything in relation to the Platform and the Services are provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Tipio make any express or implied representation or warranty about its Content or any products or Services (including the products or services of Tipio) referred to on the Platform. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

failure of performance, error, oSurvey, interruption, deletion, defect, failure to correct defects, delay in operation or transSurvey, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorized access to records;
the accuracy, suitability or currency of any information on the Platform, the Service, or any of its Content related products (including third party material and advertisements on the Platform);
costs incurred as a result of you using the Platform, the Services or any of the products of Tipio;
the Content or operation in respect to links which are provided for your convenience;
any failure to complete a transaction, or any loss arising from e-commerce transacted on the Platform; or
any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

You acknowledge and agree that as a Shopper you may be required to take photos as part of the Surveys you are asked to complete. You understand that in taking these photos you need to ensure that you make all reasonable attempts to avoid taking photos of any person other than the Shopper. Under no circumstances are you to take photos that include minors and any photos uploaded to the Platform will be immediately destroyed by Tipio. Any failure to comply with this clause 9.4 will be grounds for the immediate termination of these Terms.

Limitation of liability

Tipio’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
You expressly understand and agree that Tipio, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
Tipio is not responsible or liable in any manner for any content posted on the Platform or in connection with the Services, whether posted by Tipio or by Shoppers or by any other third parties.
Tipio does not control and is not responsible for the behaviours and actions of its Members, Clients, their comments, posts or information that they upload. Accordingly, Tipio is not responsible for any offensive, inappropriate, obscene or unlawful content or actions that you may encounter on the Platform or in connection with your use of the Services.

Termination of Contract

The Terms will continue to apply until terminated by either you or by Tipio as set out below.
If you want to terminate the Terms, you may do so by:

notifying Tipio at any time; and
closing your accounts for all of the services which you use, where Tipio has made this option available to you.
Your notice should be sent, in writing, to Tipio via the ‘Contact Us’ link on our homepage.

Tipio may at any time, terminate the Terms with you if:

you have breached any provision of the Terms or intend to breach any provision;
Tipio is required to do so by law;
the partner, if any, with whom Tipio offered the Services to you has terminated its relationship with Tipio or ceased to offer the Services to you;
Tipio is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
the provision of the Services to you by Tipio is, in the opinion of Tipio, no longer commercially viable.

Subject to local applicable laws, Tipio reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Platform or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Tipio’s name or reputation or violates the rights of those of another party.
When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Tipio have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

Indemnity

You agree to indemnify Tipio, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your Content;
any direct or indirect consequences of you accessing, using or transacting on the Platform or attempts to do so; and/or
any breach of the Terms.

Dispute Resolution

Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sort).

Notice:

A party to the Terms claiming a dispute (“Dispute”) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

Resolution:

On receipt of that notice (“Notice”) by that other party, the parties to the Terms (“Parties”) must:

Within seven (7) days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
If for any reason whatsoever, twenty-one (21) days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Law Society of Victoria or his or her nominee;
The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
The mediation will be held in Jakarta, Indonesia.

Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

Termination of Mediation:

If thirty (30) days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

Venue and Jurisdiction

The Services offered by Tipio are intended to be viewed by residents of Indonesia. In the event of any dispute arising out of or in relation to the Platform, you agree that the exclusive venue for resolving any dispute shall be in the courts of Indonesia.

GST

Unless otherwise stated, all amounts, including out of pocket expenses, expressed and described on or in connection with these Terms, are listed in Indonesian Rupiah (IDR) and are GST inclusive. GST is only applicable to subscribers situated in Indonesia.

Governing Law

These Terms are governed by the laws of Indonesia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Indonesia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.