These Website Terms of Service (these “Terms of Service”) are agreed to between PT Jakarta Hubtech Operations and its affiliates and subsidiaries (collectively, “we”, “us”, “our”, or “Hubster”) and you, or if you represent an entity or other organization, that entity or organization (in either case, “You” or “Your”). These Terms of Service govern Your use of the websites that link to these Terms of Service (the “Website”) and offers users (“Users”) the ability to access certain content on the Website (“Content”). These Terms of Service applies to the Website and Content, regardless of the website through which You access or use the Website and Content.
PLEASE CAREFULLY READ THESE TERMS OF SERVICE. BY ACCESSING OR USING THE WEBSITE AND CONTENT, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, HUBSTER IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO OR USE OF THE WEBSITE AND CONTENT AND YOU MUST NOT ACCESS OR USE THE
1. DEFINITIONS. Terms used in these Terms of Service have the definitions given in these Terms of Service or, if not defined in these Terms of Service, have their plain meaning as commonly interpreted in Indonesia. A reference to our affiliates includes our holding companies, our subsidiaries and other subsidiaries of our holding companies.
2. TERM. These Terms of Service are entered into as of the earlier of the date You first accessed or used the Website and Content and will continue until terminated as set forth herein.
3. MODIFICATIONS. Hubster reserves the right, at any time, to modify the Website and Content, with or without notice to You, by making those modifications available on the Website. Hubster also reserves the right, at any time, to modify these Terms of Service. Hubster will inform You of the presence of any changes to these Terms of Service by posting those changes on the Website or by providing You with notice through the Website. Any modifications will be effective immediately upon posting on the Website or delivery of such notice through the Website, and You will be deemed to have agreed to any and all modifications through Your continued use of the Website and Content following such notice period. You may terminate these Terms of Service as set forth below if You object to any such modifications.
4.1 Restricted Access. This Website is not available or intended for children under 21 years of age. You may only use this Website if You are at least 21 years of age. By using this Website, You represent that You are at least
21 years of age. We reserve the right to exclude and deny access to any person that we believe in our absolute discretion is not at least 21 years of age.
4.2 To the Website. Subject to Your compliance with these Terms of Service, Hubster will permit You to access and use the Website and Content solely for lawful purposes and only in accordance with these Terms of Service and any other agreement You agree to with Hubster before being given access to any specific aspects of the Website. Any additional agreement is in addition to these Terms of Service and will govern Your use of the portions of the Website to which the additional agreement applies in the event of a conflict between the terms of these Terms of Service and the additional agreement.
5. CONTENT AND THIRD PARTY SERVICES.
5.1 Content. Unless otherwise noted on the Website, all Contents available through the Website or Content, including all texts, audios, videos, photographs, illustrations, graphics, testimonials, and other medias, are owned or licensed by Hubster or other third party providers. All Contents are provided for informational purposes only and You are solely responsible for verifying the accuracy, completeness, and applicability of all Contents and for Your use of any Content. Hubster has not verified the accuracy of, and will not be responsible for any errors or omissions in any Content. Hubster makes no guarantees regarding the accuracy, currency, suitability, or quality of any Content. Except as set forth in these Terms of Service, You are granted no licenses or other rights in or to any Content, or any IPR (as defined in Section 9 below) therein or related thereto. If You would like to use any Content in a manner not permitted by these Terms of Service, please contact Hubster at email@example.com.
5.2 To Third Party Services. The Website may provide You with the choice to access certain services developed, provided, or maintained by other third party service providers ("Third Party Services"). In addition to these Terms of Service, Your access to and use of any Third Party Services is also subject to any other agreement You may agree to before being given access to such Third Party Services (each, a "Third Party Service Agreement"). The terms of any Third Party Service Agreement (which may include payment of fees) will apply to the applicable Third Party Services, but will not apply to any other services You may access through the Website. Except as set forth in these Terms of Service, in relation to any Third Party Service, the terms of any Third Party Service Agreement will control in the event of a conflict between these Terms of Service and that Third Party Service Agreement.
6. TERMINATION. These Terms of Service may be terminated by either party at any time, in that party’s sole discretion, upon notice to the other party as permitted under these Terms of Service. Except as otherwise stated in these Terms of Service, upon termination or expiration of these Terms of Service for any reason: (1) all rights and subscriptions granted to You under these Terms of Service will terminate; and (2) You will immediately cease all use of and access to the Website and all Contents and services (including, without limitation, all Contents You have obtained prior to termination). Sections titled Definitions, Termination, Suspension, Content and Third Party Services, Website Technology, Ownership, Representations and Warranties, Indemnity, Limitation on Liability, Data Privacy, Feedback, Disputes, Governing Law, Notices, Linked Sites, and Additional Terms will survive any expiration or termination of these Terms of Service. You and Hubster agree to waive Article 1266 of the Indonesian Civil Code, so that it will not be necessary to go to court or arbitration in order to terminate under this provision.
7. SUSPENSION. Without limiting Hubster’s right to terminate these Terms of Service, Hubster may also suspend Your access to the Website or any Content, with or without notice to You, upon any actual, threatened, or suspected breach of these Terms of Service or applicable law or upon any other conduct deemed by Hubster, in its sole discretion, to be inappropriate or detrimental to the Website, Hubster, or any other User or third party.
8. WEBSITE TECHNOLOGY. The Website, Content, and the databases, software, hardware, and other technology used by or on behalf of Hubster to operate the Website, and the structure, organization, and underlying data, information and software code thereof (collectively, the "Technology"), constitute valuable trade secrets of Hubster. You will not, and will not permit any third party to: (1) access or attempt to access the Technology except as expressly provided in these Terms of Service; (2) use the Technology in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Technology; (3) use automated scripts to collect information from or otherwise interact with the Technology; (4) alter, modify, reproduce, or create derivative works of the Technology; (5) distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer any of Your rights to access or use the Technology or otherwise make the Technology available to any third party; (6) reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Technology; (7) attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Technology; (8) monitor the availability, performance, or functionality of the Technology; or (9) interfere with the operation or hosting of the Technology.
9. OWNERSHIP. Hubster retains all rights, titles, and interests, including, without limitation, all intellectual property rights, proprietary rights, rights of publicity, rights of privacy, and any and all other legal rights protecting data, information, or intangible property throughout the world, including, without limitation, any and all copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, sui generis rights in databases, and contract rights (“IPR”), in and to the Technology and any additions, improvements, updates, and modifications. You receive no ownership interest in or to the Technology and You are not granted any right or license to use the Technology itself, apart from Your ability to access the Website and Content under these Terms of Service. The Hubster name, logo, and all products and service names associated with the Website and Content are trademarks of Hubster and its licensors and third party providers and You are granted no right or license to use them.
10. REPRESENTATIONS AND WARRANTIES.
10.1 Mutual. Each party hereby represents and warrants to the other party that: (a) it has the legal right and authority to enter into these Terms of Service; (b) these Terms of Service form a binding legal obligation on behalf of such party; and (c) it has the legal right and authority to perform its obligations under these Terms of Service and to grant the rights and licenses described in these Terms of Service.
10.2 Compliance with Laws. You acknowledge that the Website is a general purpose online service and is not specifically designed to facilitate compliance with any specific law. You represent and warrant to Hubster that Your use of and access to the Website, including any Third Party Services, will comply with all applicable laws, rules, or regulations (“Laws”) and will not cause Hubster itself or any other third party to violate any applicable Laws. You should make Your own independent inquiries and assessments with respect to any services which are available or which are to be offered as well as any information You obtain from this Website. Hubster is not responsible for notifying You of any such Laws, enabling Your compliance with any such Laws, or for Your failure to comply. You agree that You will not use this Website to transmit any false, inaccurate, or misleading information; upload any viruses or malicious code; engage in behavior that is defamatory, obscene, indecent, threatening, or harassing; solicit login information, access protected data or intercept personal information belonging to someone else; or use this Website or its content in connection with unsolicited commercial messages.
10.3 Except as required by law, we do not assume any duty of care in relation to a Website, Content or any information or material accessible from it. In many cases, information which is accessible from the Website may be placed by third-parties. We are unable to warrant the accuracy of any such content provided by third-parties including on any blogs, social medial pages or similar formats which we may maintain from time to time.
10.4 No statement which is made on this Website is an endorsement by us of any third party, unless otherwise specifically indicated by us, or where required by law and You acknowledge that we do not and are unlikely to be in a position to have verified the accuracy of statements provided to us by third-parties.
10.5 No Warranties; Disclaimer.
10.5.1 THE WEBSITE AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." HUBSTER DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, ADEQUACY, OR CURRENCY OF THE WEBSITE, CONTENT, OR THE PRODUCTS OR SERVICES ADVERTISED ON THE WEBSITE AND DOES NOT ENDORSE THE PRODUCTS, SERVICES, VIEWS, OR OPINIONS THAT MAY BE EXPRESSED IN THE CONTENT OR OTHER DATA, INFORMATION OR THIRD PARTY CONTENT THAT MAY BE PROVIDED THROUGH THE WEBSITE. HUBSTER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, CONTENT, SERVICES, AND OTHER SUBJECT MATTER OF THESE TERMS OF SERVICE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, OR NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HUBSTER, ITS EMPLOYEES, OR SERVICE PROVIDERS WILL INCREASE THE SCOPE OF, OR CREATE ANY NEW WARRANTIES IN ADDITION TO THE WARRANTIES EXPRESSLY SET FORTH IN THIS SECTION.
10.5.2 HUBSTER MAKES NO WARRANTY THAT (a) THE WEBSITE OR CONTENT WILL MEET YOUR REQUIREMENTS; (b) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY CONTENT OR SERVICES OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; OR (e) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. ANY CONTENT OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
10.5.3 THE FOREGOING PROVISIONS IN SECTIONS 10.5.1 AND 10.5.2 SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
11. INDEMNITY. You hereby agree to indemnify, defend, and hold harmless Hubster and its officers, directors, shareholders, affiliates, employees, agents, service providers, contractors, assigns, users, customers, providers, licensees, and successors in interest ("Indemnified Parties") from any and all claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys' fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation (“Claim”) against any Indemnified Party arising in any manner from: (1) Your access to or use of the Website, or any Content; (2) Your collection and disclosure of any Content, (3) Your violation of applicable Laws; and (4) Your breach of any representation, warranty, or other provision of these Terms of Service or Third Party Service Agreement. Hubster will use reasonable efforts to provide You with notice of any such claim or allegation, and Hubster will have the right to participate in the defense of any such claim at its expense.