Terms and Conditions
1. GENERAL CONDITIONS
This Terms and Conditions applied between User (“User” or “You”) and PT Edukita Budaya Cinta Belajar (“Edukita”) when User accesses or uses the application, website https://www.edukita.com, as well as every feature, technology, content and product that have been provided by Edukita (hereinafter, collectively will be referred as “Platform”).
2. ACCOUNT REGISTRATION
By creating an account on the Platform:
- You must be at least 18 (eighteen) years old or married and not under guardianship (“Legal Age”), which means that You legally have the capacity and rights to be bound to these Terms and Conditions.
If the User is under the Legal Age, then User’s actions in registering, accessing, using and carriying out activities on the Platform must be under the knowledge, supervision and legal approval of the User’s parent or guardian and therefore User’s parent or guardian will be fully responsible for any and all of User’s actions on the Platform, as regulated in The Minister of Communication and Informatics Regulation Number 20 of 2016 regarding Personal Data Protection in Electronic Systems.
- You agree to represent and warrant that all information provided by You during the registration process are accurate, complete and up-to-date.
The User hereby guarantees the correctness of the data, information and signature given to Edukita at the time of the opening of the account and therefore, User gives Edukita a waiver of responsibility for all risk that may arise in the future related to User’s violation of these provisions.
Security and confidentiality of User’s account, including all personal data that You provided to Edukita through registration form on the Platform, shall fully be User’s responsibility. All losses and risks that arise or in connection with User’s negligence to maintain the security and confidentiality of User’s account are borne by the User and/or User’s parent or guardian (for User falling under the Legal Age). Accordingly, Edukita will consider any use or order made through User’s account as a legitimate request from You.
3. USER’S ACCOUNT
If the User has an account on the Platform, then You are fully responsible for maintaining the security and confidentiality of User’s account and data, including but not limited to phone number, email and password and You are fully responsible for all content uploaded and any activities concerning User’s Account.
The User’s Account can only be used by You, it can not be transferred to another person for any reason. Edukita reserve the right to refuse to facilitate if Edukita recognizes or has sufficient reason to suspect that You have transferred or allowed the User’s account to be used by someone else.
The safety and confidentiality of User’s Account, including registered name, registered electronic mail address, registered mobile phone number, payment details and other data and/or information are fully under the User’s responsibility. All losses and risks that arise due to User’s negligence in maintaining security and confidentiality as stated are borne by the User and/or parent or guardian. Accordingly, Edukita will consider any use or order made through User’s account as a legitimate request from You. Therefore, the User is fully responsible for the access of the account and releases Edukita from all lawsuits due to misuse of the account.
4. UNAUTHORIZED ACCOUNT USE
Please notify Edukita immediately if You know or suspect that the User’s account has been used without the User’s knowledge and consent. Edukita will take any actions that Edukita deems necessary in relation to the account use without such consent.
5. DATA PRIVACY
6. INTELECTUAL PROPERTY RIGHTS
You acknowledge and agree that the Platform, including but not limited to all materials and contents contained on the Platform, names, logos, program codes, designs, trademarks, technologies, databases, processes and business models, are protected by copyright, marks, patents, moral rights and other intelectual property rights are owned by and legally registered with an authorized goverment instituition on behalf of Edukita. The use of content on the Platform is subject to and refers to these Terms and Conditions. Contents, pictures, sounds and videos on the Platform can only be used as is without any changes, for personal and non-commercial use. It is forbidden to download and other uses that violate these Terms and Conditions.
7. SERVICE GUARANTEE
The use of Platform with all the risks that may occur are fully the sole responsibility of the User, or parent or guardian of the User (For User falling under the Legal Age). The materials and content herein are provided as it is and as provided without any guarantee including guarantee related to trade, sale and purchase, or any other specific uses. There is no guarantee that the access to the Platform will always be free of interruption or error-free and any result that generated therefrom. The User hereby releases Edukita from all forms of responsibility for any loss and/or risk that occurs either directly or indirectly from the use of the Plaftorm caused by any disturbance, damage, delay in operation or transmission, delay in data delivery, state of equipment, non-functioning system or transactions, computer viruses, malfunctions of communication networks, software, providers of information usage.
8. PRIVACY GUARANTEE
9. PLATFORM DEVELOPMENT
Edukita is entitled to conduct developments, modifications and/or adjustments to the content and services of the Platform regularly or for a certain period of time, with or without prior notification to the User.
10. NO UNLAWFUL OR PROHIBITED USE
By using the Platform, You accept full responsibility that the User’s use of or access to the Platform does not violate the applicable laws and regulations. To enforce these provisions, Edukita reserves the right to refuse membership or suspend or terminate User’s account immediately and without prior notice at Edukita’s sole discretion.
11. LIMITATION OF USE
When using the Platform, You agree not to or attemp to:
- use the Platform in any way violating any applicable local, national, or international laws and regulations;
- provide false, inaccurate, misleading and incomplete informations or documents;
- Create, change, modify, procure and/or upload informations or documents that are false, inapproriate, misleading and inaccurate on or through the Platform;
- in any manner use the Platform or any content therein in an unlawful, offensive, threatening, immoral, racist, deceptive, violates the rights of any third parties and/or violates norms of propriety;
- transmit, transfer, or otherwise disseminate any false, misleading, fraudulent, or illegal communications or documents;
- impersonate another user or any other party;
- unlawfully access another User’s account without permission, rights, or authority;
- make a copy, modify, distribute, an/or transmit any documents or informations stored on the Platform without the rights, authorities and capacities from the legal owners or authorized parties;
- violate intelectual property rights (e.g.: copyright, patents, trademarks, etc.) belong to Edukita or any other third parties;
- upload any viruses, documents and/or any data that are infected by virus and/or malware that can harm or interfere with the Platform;
- interfere with or disrupting the operation of the Platform or servers or networks connected to the Platform, including installing, sending, transmitting, uploading, or providing any material that contain software viruses, worms or computer codes, files, or other programs designed to interfere, destory or limit the use of computer software or hardware or telecommunications equipment;
- creating a mirror of the Platform or any part of the Platform, or systematically download and store any content contained on the Platform;
- decompile, reverse engineer, or disassemble the content on the Platform.
12. SUSPENSION AND NOTIFICATION OF USER’S ACCOUNT
You understand and agree that Edukita has the rights, at Edukita’s sole discretion, to suspend, terminate, or close User’s account on the Platform for any reason and at any time without prior notice to You and/or prior consent from You. Edukita may suspend, terminate, or close User’s account on the Platform under certain conditions, including but not limited to (i) a violation of these Terms and Conditions, (ii) an indication of violation of the applicable laws and regulations, (iii) indication of violation of the intelectual property rights of Edukita or any third parties and (iv) based on User’s request to Edukita.
13. USER’S RESPONSIBILITY
Edukita does not guarantee that the Platform will be secure or clear from bugs or viruses. You are responsible for managing the information technology, computer programs and platforms You use to access Edukita’s Platform. You shall use a personal anti-virus software.
14. GOVERNING LAWS
These Terms and Conditions are regulated under and construed in accordance with the laws of the Republic of Indonesia. You agree that any and all disputes arising from or in connection with these Terms and Conditions (“Disputes“) will be endeavored to be resolved amicably within 60 (sixty) working days. In the event that amicable settlement fails within that time period, You agree to submit to the non-exclusive jurisdiction of the District Courts of South Jakarta. User’s submission to such jurisdiction will not (and will not be construed as) limit Edukita’s right to initiate legal action or legal proceedings relating to the Dispute before or with any other district court or court in any jurisdiction, either simultaneously or separately, as permitted by applicable law and as determined by Edukita on Edukita’s sole discretion.
15. WAIVER, SEVERABILITY AND ASSIGNMENT
Edukita’s failure to enforce any provision of these Terms and Conditions does not constitute a waiver of Edukita’s right to enforce such provisions in the future. If any provision of these Terms and Conditions of Use is found to be unenforceable, then the remaining provisions of these Terms and Conditions will remain in full force and enforceable and such unenforceable provisions will be substituted to reflect Edukita’s intent as closely as possible. You may not assign User’s rights under these Terms and Conditions and any attempt to do so will be void.
Edukita may assign its rights to Edukita’s affiliates or subsidiaries, or to any successor in interest of any business associated to Edukita’s services.
16. FORCE MAJEURE
Platform could be disturbed by events beyond the authority or control of Edukita (“Force Majeure”), including but not limited to natural disasters (earthquake, tsunami, volcano eruption, flood, drought and landslide), epidemic of a disease, fire, industrial dispute, mass strikes, civil wars, rebellions, power struggles, wars with other countries, terrorism and/or network and/or computer malfunctions caused by public power failure or other reasons beyond Edukita’s control. You have agreed to release Edukita from any charges and responsibility, if Edukita can not facilitate the service, including to fulfill the instructions that You give through the Platform, whether partially and completely, due to a Force Majeure event.
17. HOW TO CONTACT EDUKITA
If You have any quiries regarding these Terms and Conditions or You want to gain access and/or make an amendment to User’s Personal Data, please contact Edukita at [*]
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