This Agreement provides important information to you, including information about your obligations regarding your content, our limitation of liability to you, your agreement to resolve any disputes by individual arbitration and to waive the right to participate in a class action.
We reserve the right at any time to:
Any changes we make to the terms and conditions will be effective immediately upon our making such changes available on the Site, and posting notice of such changes on the Site or in another manner in our reasonable discretion. You agree that your continued use of the Site after such changes constitutes your acceptance of such changes. If you do not agree with any of the updates to the terms of this Agreement, you should not use the Site. Be sure to return to this page periodically to ensure your familiarity with the most current version of this Agreement.
By registering with or using this Site you represent, acknowledge and agree that you are at least the age of majority where you reside. Regardless of the age of majority where you live, if you are not at least 13 years old, you may not use the Site.
Access to certain functionalities of the Site will require you to register with and/or provide certain information to Rooang. If and when you register with or provide information to Rooang, you agree to (a) provide accurate, current and complete information about yourself as prompted (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate, current and complete.
Home improvement designers may elect to register as a designer and create a designer profile on Rooang. Subject to the terms of this Agreement, such users can use the features made available by Rooang to promote their business on the Site.
Our service to clients and the general community reflects our vision and our mission statement. Rooang is committed to continually improving service excellence and customer satisfaction. Clients expect to receive friendly and professional care.
Therefore, when you signed up as part of our Rooang’s designer, you have to follow the following set of guidelines whenever you are conducting the works or engage with our clients:
To meet high quality service standards we will:
This policy exists to achieve service excellence to customers / clients. If anyone has a question about the policy, or if the purpose of a policy is not understood, an explanation should be provided by, or referred to, Rooang.com customer service.
I have read and understand the above Service Standards. I also understand that it is my responsibility to comply with the standards and that my performance appraisal will reflect my compliance.
Services We Provide. Rooang connects homeowners and other third parties (individually, "User," collectively, "Users") and home improvement service providers (individually, a "Designer," collectively, "Designers"). We help Users discover inspiring home projects, learn about project costs and select a Designer based on characteristics that matter most to them. We help Designers increase their online presence, showcase their work, and connect with Users in need of their services.
Rooang does not deliver, and is not responsible for, any Designer’s products, services or advice. The Designers are not employees, contractors or agents of Rooang, and Rooang is not an agent of any Designer. Rooang does not sponsor, endorse, recommend or approve any Designer who offers products or services through the Services. While we try to confirm that Designers meet certain requirements, we cannot and do not represent or warrant that any Designer is licensed, qualified, bonded, insured or capable of performing any service. Except as expressly provided in our Rooang Guarantee (located here), we do not make any guarantees, warranties or representations of any kind regarding any Designer, any advice or other information that a Designer provides or the products or services that a Designer provides, and not responsible for any action or inaction of any Designer. Reference to any products, services or other information by trademark, manufacturer, supplier or otherwise does not constitute or imply an endorsement, sponsorship or recommendation by us. We do not guarantee that the Services can match a User’s service needs with a Designer or that there are Designers in a User’s area that are capable of and willing to meet a User’s service needs. Any quote or estimate provided in connection with the Services is only a guide, is not a contractually binding offer, and is not a guarantee of the actual cost of your specific project. When you work with a Designer, your rights will be governed by your contract with the Designer and by applicable federal, state and local laws.
The Services may contain links to third party websites, advertisements, services, offers, activities or other content (collectively, "Third Party Materials"). These Third Party Materials are not owned or controlled by Rooang. These Third Party Materials are provided for your reference and convenience only, and do not imply any endorsement, sponsorship or recommendation by Rooang.
The services are provided on an "as is" basis without warranties of any kind, either express or implied. To the fullest extent permitted by law, the rooang parties disclaim all warranties, express, implied, statutory, and otherwise, in connection with the services and your use of or transactions with rooang, users, designers or other third parties, including but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose, satisfactory quality, security, accuracy, availability, use of reasonable care and skill, and non-infringement, as well as warranties arising by usage of trade, course of dealing, and course of performance.
In no event will the rooang parties be liable to you or any third party for any cost of cover, lost profits or direct, indirect, incidental, special, punitive, or consequential damages whatsoever arising out of, based on, or resulting from your use of the services and your use of, or transactions with, rooang, users, designers or other third parties, whether based on warranty, contract, tort, negligence or any other legal theory, whether or not such damages are foreseeable and whether or not rooang is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Any claims relating to use of the Services must be brought within one (1) year from the date the cause of action arose. Claims brought after such period will be VOID.
The Site is owned and operated by Rooang and its licensors. The Information and Services (and any intellectual property and other rights relating thereto) are and will remain the property of Rooang and its licensors and suppliers. The Information and Services are protected by Indonesia and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in this Agreement, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, or disassemble any part of the Site or any Service or Information without our prior written permission. The Site, Information, and Services may be used solely (a) to the extent permitted in this Agreement or (b) as expressly authorized in writing by Rooang or, if so indicated in writing by Rooang, its licensors or suppliers. Use of the Site or any Services or Information for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site or any Services or Information. The trademarks, logos, and service marks displayed on the Site (collectively, the "Trademarks") are the registered and unregistered trademarks of Rooang, Rooang licensors and suppliers, and/or others. Rooang® is a registered trademark of Rooang.com. in Indonesia and other jurisdictions. Nothing contained in this Agreement or the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks without the express written permission of Rooang, Rooang licensors or suppliers, or the third party owner of any such Trademarks, except as set forth in the following paragraph. You acknowledge and agree that all rights in and to the Rooang Trademarks are our exclusive property, and any goodwill generated by your use of any Rooang Trademarks will inure to our exclusive benefit. You will not take any action that is in conflict with our rights in or ownership of any our Trademarks.
We welcome your feedback and suggestions about how to improve Rooang. Feel free to submit feedback at [email protected]. By submitting feedback in this or other manner to us, you agree to grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, without any restriction or compensation to you.
This Agreement is effective from the date that you first access the Site or submit any information to Rooang, whichever is earlier, and shall remain effective until terminated in accordance with its terms. Certain violations of this Agreement and scope of services, as determined by Rooang, may result in immediate termination of this Agreement, and/or your access to and use of the Site, without prior notice. This Agreement will also terminate automatically if you fail to comply with any term or provision of this Agreement. Upon termination of this Agreement by either party, your right to use the Site shall immediately cease, and you shall destroy all copies of information that you have obtained from the Site, whether made under the terms of this Agreement or otherwise. All disclaimers, limitations of liability, indemnitees, Rooang rights of ownership, and licenses to Rooang shall survive any termination.
We reserve the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Site, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any part of portion thereof. Nothing in this Agreement shall be construed to obligate Rooang to maintain and support the Site, or any part or portion thereof, during the term of this Agreement.
Accurate Information. If you are a User, you will be asked to disclose certain information about yourself and your service requirements when you submit a request for Designer services and when you open or confirm your account. You agree to provide us with accurate, complete and up to date information and to keep it updated, complete and correct. If you are a Designer, you will be asked to open an account and may be asked to complete a profile in connection with the Services. You agree to promptly complete your profile and to provide us with such additional information as we reasonably request; to provide accurate, complete and up to date information in connection with the Services; and keep that information updated, complete and correct.
Consent. By providing your information through the services, you are requesting to be (and you expressly consent to be) contacted by us, our service providers, companies that receive your service request, and designers, as the case may be. You consent to be contacted by these parties by telephone, email, mail, text (sms) messaging, fax, or other reasonable means at any of the residential, cell or fax phone numbers or addresses you provide, even if they are listed on a national "do not call" or “do not contact” list. You agree that these communications may include prerecorded, artificially voiced or autodialed telemarketing messages, and that they may be monitored and recorded for quality assurance and other reasons. You agree that these parties may contact you for purposes of providing the services and/or the designer products or services you have requested (as the case may be), marketing, servicing your account, addressing complaints, billing or other account-related matters, or other purposes reasonably related to the services. Your consent to receive marketing communications is not required as a condition of purchasing any goods or services.
Security of Account. You agree you won't disclose your password to anyone and you'll notify us immediately of any unauthorized use of your account. You are responsible for all activities that occur in your account, whether or not you know about them.
Collected Data Definition. You agree and acknowledge that Rooang and Designers may collect text, photos, videos, measurements, comments, reviews, feedback, notes, ideas, know-how, techniques, data or other information (individually and collectively, "Information") before, during, and after the provision of Services, or otherwise in connection with the Services, relating to you, your household, your business, your real or personal property or otherwise (individually and collectively, "Collected Information").
You Are Responsible for User Submissions. The Services may permit you and other Users and Designers to submit Information (individually and collectively, "User Submissions"). The person submitting a User Submission, and not Rooang, is solely responsible for that person’s User Submission and the consequences of submitting it. By way of example and not limitation, if a Designer provides you with advice or other information, the Designer (and not Rooang) is solely responsible for that advice and information. You acknowledge and agree that Rooang has no obligation to pre-screen your or any other person’s User Submissions.
Knowingly submitting false names or contact information not only wastes everybody’s time, it could result in harm to consumers (including violations of privacy) and significant legal and regulatory liability, damages, penalties and costs for Rooang and its service providers and partners, and.
Accordingly, if you knowingly input false information in a service request, including but not limited to any name or contact information that is not yours (whether it’s someone else’s or just made up), you agree to fully indemnify and be liable to rooang and each designer or rooang partner who accepts that service request, for each improper submission, for any losses, liabilities, damages (direct, punitive, consequential or other), fines or penalties incurred by any of the affected parties, plus any costs and expenses (including, but not limited to, reasonable attorneys’ fees) incurred by the affected parties.
Confidentiality of User Submissions. Rooang will not display the address of projects or precisely pinpoint the project location on a map to all Users. However, you acknowledge and agree that Rooang and its licensees may display the address and other User Submissions associated with a given project to a limited audience, including the homeowner of that address, prospective buyers of a home that is for sale, and other third parties. You further acknowledge and agree that the description of the project for which you request Designer services, all information contained in any reviews of Designers that you submit and any photos that you upload may be viewed by the general public and will not be treated as proprietary or confidential. Please be careful what you post, to avoid inadvertently disclosing your address or any other personal information that you do not wish to be seen by the general public.
License to User Submissions. With respect to both User Submissions and Collected Information, you grant Rooang a worldwide, non-exclusive, royalty-free, fully paid, perpetual, irrevocable, and fully sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, publish, broadcast, publicly perform and display, make, use, import, offer to sell, sell, and otherwise transfer and exploit all copyrights, inventions, and other intellectual property rights in the User Submissions and Collected Information in any form and any medium. We will not pay you or otherwise compensate you for User Submissions or Collected Information.
Do Not Post Illegal or Harmful Content. You agree that you are the exclusive owner of all rights in the User Submissions and such rights have not been assigned or encumbered. You agree not to post, submit or link to any User Submissions or material that infringes, misappropriates or violates the intellectual property or other rights of any third party, or that is in violation of any federal, state or local law, rule or regulation. Additionally, you agree not to post, submit or link to any User Submissions or material that is deceptive, fraudulent, threatening, harassing, defamatory, obscene or otherwise objectionable as determined by Rooang.
Do Not Post Improper Content. You agree not to post, submit or link to any User Submissions or material that (i) directly or indirectly directs persons to another online or offline location that provides products or services similar to the Services; (ii) involves unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; or (iii) facilitates gambling, gaming, raffles, lotteries, sweepstakes, and/or any other activity featuring the award of a prize.
Reviews of Designers. You may only post a review of a Designer if you have first-hand knowledge of the services provided by such Designer (that is, such Designer provided products or services to you). You may not accept anything of value from a Designer in exchange for posting a review. You may not post or submit a review of a Designer if you are (i) an employee, contractor, partner of, or otherwise affiliated with, such Designer, (ii) an employee, contractor, partner of, or otherwise affiliated with, a competitor of such Designer, or (iii) related to such Designer, including by blood, adoption or marriage. You agree that any review that you post or submit will be honest and factually accurate.
Review of User Submissions. We do not approve, control or endorse your or anyone else's User Submissions and have no obligation to do so. However, we reserve the right (but assume no obligation) to pre-screen, refuse, remove or modify User Submissions for any reason, at our sole discretion.
Telephone Calls and Other Communications. When you contact us, when we contact you, or when you communicate with a Designer or a User through the Services (including when we forward calls between Users and Designers), we may monitor and/or record those communications for quality assurance and customer satisfaction purposes. You consent to this monitoring and recording.
Accuracy of Information. Rooang makes no representation or warranty about the accuracy or suitability of the User Submissions or other information displayed on the Properties or provided through the Services. We use commercially reasonable efforts to promptly update any incorrect information displayed on the Properties, when we are notified or otherwise become aware of such inaccuracy.
If you are a Designer, the terms in this section also apply to you.
Certain Rooang Services give Designers the right to contact homeowners who have requested that a Designer contact them for a particular project (a “project request”). Information regarding a project request, and the right to respond to it, may be made available to a Designer through email, through a telephonic connection, through Rooang’s communications platform, or by other means.
No Guarantee. As a Designer, you agree and acknowledge that Rooang cannot and does not guarantee the results of any Designer Product, including the exposure you will receive as part of the Services or the number or quality of potential customers with whom you will have contact. You acknowledge that Rooang may impose limits on the type and/or number of Designers that can participate in particular programs, which Designers are notified about particular project requests and the timing of such notification, and the type and/or number of Designers who can respond to particular project requests.
Designer Profile. You understand and acknowledge that the amount and quality of your Designer information (including the amount and quality of profile data, project activity and endorsements) will affect your exposure within the Services. You agree to immediately complete a Designer profile on the Rooang website upon signing up for a Designer Product and to populate such profile with as much information as possible.
Product Terms. Rooang and you may agree to the term, fees and other terms of a Designer Product (including, without limitation, the fees and terms applicable to individual or categories of project requests) ("Product Terms") in writing, telephonically or electronically, including, but not limited to, by email or within Rooang’s communication platform. Rooang will send a confirmatory email detailing the terms of the Designer Product that you agreed to ("Confirmatory Email"). If the Confirmatory Email misstates your understanding of our agreement, you have three days after you receive the Confirmatory Email to notify Rooang at [email protected]. If you do not notify us of the discrepancy and cancel within those three days, you will be deemed to have accepted the terms set forth in the Confirmatory Email, in addition to these Terms.
Suspension; Termination. Rooang reserves the right to suspend or terminate any Pro’s ability to use the Services. Our general practice is to stop sending project requests 7 days after a Pro’s account becomes delinquent, and to suspend a Pro’s account after 14 days of delinquency.
If you are a Designer, the terms in this section also apply to you.
Licenses and Obligations. As a Designer, you agree that you will solicit, accept and perform work only if you possess the qualifications, experience and skill necessary to complete such work, and you will complete such work with the degree of skill and care that is required by current good and sound professional procedures and practices in accordance with applicable industry standards. You also agree that you have (and will continue to maintain) current valid licenses, authorizations, insurance and bonding required by all applicable authorities for any work you solicit, accept or perform.
Response Time. You agree that, if you receive a homeowner’s request for a Designer to provide services, you will respond to the homeowner as soon as possible but in any event within 24 hours.
Informational Requests. You agree to comply with Rooang's informational requests from time to time in connection with the Services, including providing information to be used by Rooang (or its third party service providers) to perform background checks, credit checks, evaluations of reputation and character and other assessments, and to confirm status if we have connected you with a User.
Taxes. You agree to be properly registered to collect sales, use, excise and other taxes, duties, and other governmental assessments in connection with your products or services ("Taxes"). You acknowledge and agree that you are responsible for collecting, withholding, remitting and reporting all applicable Taxes on the provision of your products or services to Users. You agree that you, and not Rooang, are solely responsible for all matters related to Taxes.
Updated Information. You agree to immediately notify us if: (i) any information you have provided to Rooang, or any relevant information about you, has changed, (ii) a User has notified you that they have a complaint with you or any products or services provided by you, (iii) you have received notice of any complaint, investigation, fine or adverse action taken by a governmental authority with respect to your professional license or your products or services, or (iv) you have been notified of any termination, suspension, or lapse of any professional license, insurance or bonding.
Information Regarding Users. Rooang may provide you with personal information relating to individuals that are seeking products or services. You may not rent, sell or otherwise provide this information to others without such individual’s consent or except as required to provide your products or services to such individual. You may not use, or attempt to use, this information in a manner that would violate these Terms or for any purpose not intended by Rooang.
Reviews. You agree to link your website to your Rooang profile, at a place on your website determined by you, using the following text: "Review my projects and endorsements on Rooang.” When you include an email address of a past customer in your project information, you agree that we may reach out to that person asking for reviews and recommendations of you and inviting them to create an account on Rooang.
Quality Control. Rooang representatives and our service providers may access and monitor your Designer account and usage and communication information and may monitor, review and use such account and usage and communication information as they deem appropriate, including (for example) as reasonably needed to confirm status of project requests when we have connected you with a User, to investigate complaints or billing issues, to provide services to you, and to verify information you or Users have provided.
Designer Phone Number; Communications. You are aware and agree that the telephone number listed for your business in connection with the Services may be a call forwarding number used by Rooang that is different than your personal or business phone number. This number is utilized by Rooang to improve its products and services, to improve its service to Designers and for other quality control purposes (such as those described above). We may monitor and/or record calls on this number and other communications with Users that you make through the Services. You consent to this monitoring and recording.
Confidentiality. If you receive confidential information from Rooang, until such information is no longer confidential, you agree not to use it or disclose it to any third party except as necessary to perform your obligations contemplated by our relationship. Confidential information includes but is not limited to information concerning Rooang’s fees, marketing plans, financial results, pricing schedules, product lines, product plans, proprietary technology, research information, practices, trade secrets, and any and all other information that is not generally known to the public.
Independent Designer. You acknowledge that you are an independent designer and no agency, partnership, joint venture or employee-employer relationship with Rooang is intended or created by these Terms or any relationship between us, that you have no power or authority to make any commitments on behalf of Rooang, and that Rooang has no power or authority to make any commitments on your behalf. You will be solely responsible for the supervision, direction and control, compensation, benefits and withholdings of all of your personnel.
Scopes of Services. You agree to comply with Rooang's scopes of services documents that you signed to complete and perform all tasks/services listed on document “scope of services”,
Our Services. Through Rooang, Designers can make their products and services available to Users in response to project requests or inquiries ("Designer Services"). Other Services, when clearly and explicitly designated, may be provided and billed for by Rooang ("Rooang Services"). The Designer Services and the Rooang Services are referred to collectively as the "Our Services."
User Account. Account registration is required for Users to receive or use certain Our Services. When you open or confirm an account, you will be required provide us with specified personal information, which may include, without limitation, your name, address, mobile phone number, and credit card payment details. You must keep your account information complete, accurate and current at all times. You agree to maintain the security of your account information and that you are responsible for all activity in connection with your account. By creating your account, you agree that communication may be made with you via telephone, email, text (SMS) message or other reasonable electronic or non-electronic means, at any of the contact numbers or addresses you provide, as part of the normal business operation of the Provided Services.
Charges. You agree that use of the Designer Services will result in charges to you for the products or services provided by Designers ("Designer Charges") and that use of the Rooang Services will result in charges to you for the products or services provided by Rooang ("Rooang Charges") (Rooang Charges and Designer Charges, collectively, "Charges"). You will be informed of Charges before products or services are provided by Rooang or Designers, as the case may be (including, in the case of Rooang Charges, any cancellation fees and terms). You should confirm Charges each time you request or contract for products or services. Applicable sales tax will be added to all Charges where required by law.
Payment. Payments for Rooang Charges are immediately due and payable to Rooang upon provision of the applicable Rooang Services and are final and non-refundable. Payment terms for Designer Charges will be as agreed upon between you and the Designer. You acknowledge and agree that your purchases of services and products from a Designer are transactions between you and that Designer, and not with Rooang.
Refunds from Rooang. Payments for Rooang Charges that meet our requirements for a refund (as set forth in these Terms), will be refunded back to the original method of payment. If you paid with a credit card, we will make the refund only to the card you used for the payment, not another card. If the card used to make the payment is inactive or has been cancelled, the card issuer should apply the refund to your new card or send you a refund. Please contact your card issuer for more information.
This Agreement will be interpreted in accordance with the laws of the State of East Java and Indonesia without regard to their conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Surabaya, East Java, or a District Court, located in Surabaya, East Java for any actions for which the arbitration provision, as set forth in the Dispute Resolution provision below, does not apply.
You and Rooang agree that any dispute, claim or controversy arising out of or relating to this Agreement or to your use of the Site or Services (collectively "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Rooang each are waiving the right to a trial by jury or to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and Rooang agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not preside over any form class action proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this Agreement.
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions (except as provided for under “Dispute Resolution”). This is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and us with respect to such subject matter. This Agreement may not be changed, waived or modified except by Rooang as provided herein or otherwise by written instrument signed by Rooang. Neither this Agreement nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sub licensable by you except with Rooang’s prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. Rooang may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
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Last modified as of June 3, 2016