Legal Information & Notices
TERMS OF USE
Legal Notices
Welcome to this website (“Platform“), owned by PT Pembangunan Property Nusantara and/or its affiliates (may be individually or collectively referred to as, “We“, “our” or “us“). We provide the content and services available in this Platform to you, subject to the following terms and conditions (“T&Cs”).
By accessing or using the Platform, you are acknowledging that you have read, understand and agree, without any limitation or qualification, to be bound by these T&Cs.
You represent that you are legally able to accept these T&Cs and affirm that you are of legal age to form a binding contract. Please do not use this Platform, if you do not agree to these T&Cs.
We do not provide our Platform to individuals who are under the age of 18. If you are under 18 years old, please do not use this Platform. However, If you do not meet these conditions and you still give consent to these T&Cs, you hereby guarantee that the consent of your parent or legal guardian has been received by you, for you to continue accessing and/or utilizing the Platform. Furthermore, we may request proof of consent from your parent or legal guardian to you at any time, if necessary.
1. Licence in relation to the Platform
1.1 Subject to these T&Cs, we grant you a non-exclusive, non-transferable, non-assignable, limited and revocable right to:
(a) access, view and download promotion-related information (“Materials“) in the Platform, and may not be used for commercial purposes;
(b) access the store information and or the directory of the Jakarta Premium Outlets or such other outlets as may be operated by us from time to time (collectively, “Outlets“);
Hereinafter collectively referred to as “Content”.
1.2 You agree not to interrupt or attempt to interrupt the operation of the Platform in any way. This licence is not a transfer of title in the Content and is subject to the following restrictions:
(a) You must retain, on all copies of the Content downloaded, all copyright and other proprietary notices contained in the Content;
(b) You may not modify the Platform or its Content (including but not limited to the design, text, fonts, graphics, logo, images, software, and or any other form of content) in any way or reproduce or copy or publicly display or perform, or transfer or sell any kind of content obtained from this Platform or distribute or otherwise use or communicate them for any public or commercial purpose without our prior written consent;
(c) You must not transfer the Platform or its Content to any other person unless you give them notice of, and they agree to accept, the obligations arising under these T&Cs;
(d) You must not directly or indirectly reproduce, reverse engineer, disassemble, decompile, alter or otherwise modify or hack the Platform;
(e) You agree to abide by all additional restrictions displayed on the Platform as it may be updated from time to time;
(f) This Platform, including but not limited to all Content it contains, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Platform and to prevent any unauthorized copying of the Content. Except as expressly provided herein, we do not grant any express or implied right to you under any patents, designs, trademarks, copyrights or trade secret legislation;
(g) You agree to defend, indemnify and hold us, our parent, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents (the “Indemnified Parties”) harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand arising from your use of the Platform, the Content(s), or any services provided by the Platform in violation of any law, rule, regulation or these T&Cs; and
(h) You agree to not use the Platform for any unlawful purpose or in any way that might damage, disable, overburden, or impact the Platform or interfere with any other Party’s use of the Platform.
2. Technical limitations
2.1 Different models of routers and devices may have firmware or settings that are not compatible with the Platform. While we continuously develop the Platform in order to, as far as possible, support all commonly used devices and models in markets where the Platform is distributed, we do not warrant compatibility of the Platform with specific devices or other hardware.
3. User accounts
3.1 In order to participate in any promotional programs, you would be required to register with us as a VIP member and sign-up for an account (“Account”). In such event, you must complete the registration process by providing us with complete and accurate information as stated in the applicable registration form, including but not limited to your personal data, such as your name and phone number. By providing us with any details of a third party (e.g., spouse, children and emergency contact person or any other third parties), where applicable, you represent and warrant that you have obtained the consent of such data subject, in any case. You will also be required to choose a password.
3.2 You are entirely responsible for maintaining the confidentiality of your password and account. Any de-registration of the Account shall be made in the manner set out in our Privacy Policy.
3.3 You are entirely responsible for any and all activities which have been undertaken under your Account, including but not limited to any purchase, whether or not you are the person who actually uses the Account to conduct the same. You agree to notify us immediately of any unauthorized use of your Account or any other breach of security. We will not be liable for any losses that you may incur as a result of someone else using your password or Account.
3.4 If you have previously registered to be a VIP member on the Outlets’ website, your information previously stored on the website server, which may include your personal data as described in the Privacy Policy, may be transferred to the server of this Platform located outside Indonesia, which may be hosted by third party service providers. You hereby give your consent to such transfer and storage of information.
3.5 By registering for or logging into an Account using the Platform, you agree to become a VIP member.
3.6 We have the right to disable any Account, at any time, if in our reasonable opinion, you have failed to comply with any of the provisions of these T&Cs and other internal policies.
4. User Warranties
4.1 By accessing or using the Platform and/or the Services, you agree that you shall:
(a) comply with these T&Cs and the special warnings or instructions for access or use posted on the Platform;
(b) always act in accordance with the law, custom and in good faith, including but not limited to ensuring compliance with these T&Cs and all applicable codes, guidelines, notices, operating rules, and policies, law and regulations, whether required by us or otherwise required by law;
(c) ensure that the integrity or operation of the Platform is preserved by among others, not making any change or otherwise causing any alteration to the Platform or any Content or services that may appear on the Platform;
(d) only create an Account on the Platform for use by yourself or anyone who authorised you to do so on their behalf;
(e) assist to prevent security breach or other IT-related issues on the Platform by, among others, not transmitting any virus or code of a destructive nature to the system; or only use devices which are at least password protected to access our Platform; and
(f) ensure that any details which you have provided us with in creating the Account remain accurate, complete and up-to-date. You may at any time change or update your Account information by updating your information through the online Account.
4.2 Without limiting the generality of any other provision of these T&Cs, if you default negligently or willfully on any of the obligations set forth in these T&Cs, you shall be liable for all the losses and damages that this may cause to us, our affiliates, partners or licensors.
5. Modification and Amendments
5.1 We reserve the right, in our sole and absolute discretion, to change the Content and/or T&Cs. Any changes are effective upon posting on the Platform and/or upon our release of notice of such change. Your continued use of the Platform thereafter constitutes your acceptance of all such amended terms.
5.2 We also reserve the right, in our sole and absolute discretion, at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform’s service(s) ( or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Platform’s services (or any part thereof).
5.3 Nothing contained in these T&Cs shall be construed as creating any agency, partnership, or other form of joint enterprise with us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these T&Cs shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these T&Cs unenforceable or invalid as a whole but these T&Cs shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.
5.4 We shall not be liable for any direct, indirect or consequent loss arising from the modifications or amendments to the T&Cs.
6. Intellectual Property Rights
6.1 “Intellectual Property Rights” means patents, utility models, rights to inventions, copyright and related rights, trademarks and service marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, including all applications for (and rights to apply for and be granted), renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world.
6.2 You acknowledge that all Intellectual Property Rights in the Platform and the Content are vested in us. All goodwill and intellectual property rights arising through the use of such intellectual property rights vested in us shall inure to us.
7. Processing of Data
7.1 We will process your personal data in accordance with the prevailing laws and regulations, and as stipulated in our Privacy Policy.
7.2 We may make use of location data sent from your devices to send you store-specific Materials. You can turn off this functionality at any time by turning off the location services settings for the Platform on the device. If you use or allow the use of such functionality, you give consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may stop us from collecting such data at any time by turning off the location services settings on your device.
8. Security
8.1 You are prohibited to:
(a) use any device or software capable of interfering with the operation of the Platform; or
(b) take any action, which imposes a disproportionately large or unreasonable load upon the infrastructure of the Platform (such as sending mass emails in the ‘Contact Us’ section – “spamming”), or
(c) interfere or tamper with the software of the Platform or the functionality thereof; or
(d) distribute viruses or other technological innovations that may harm the Platform, the interests of Platform users, or any third parties
8.2 You must be aware of any fraud or crime using our name and/or our Platform.
9. Hyperlinks, alerts and advertising
9.1 Hyperlinks: For your convenience, we may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties (“Third Party Links”). Such Third Party Links are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.
9.2 Advertising: We may attach pop ups, banners, java applets and/or such other materials to the Platform for the purposes of advertising or promoting products and/or services available at the Outlet. For the avoidance of doubt, you shall not be entitled to receive any payment, fee and/or commission in respect of any such advertising or other promotional materials.
10. Exclusion of warranties
10.1 Notwithstanding any provisions to the contrary, we provide the Platform, its Content and any related service(s) on an “as is” basis. We make no representations or warranties of any kind whatsoever, express or implied, in connection with the Platform, these T&Cs, the Content(s) and/or any related service(s).
10.2 The Platform and the Content are provided for general information and entertainment purposes only. Although we make reasonable efforts to update the information provided by the Platform and the service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
10.3 For the avoidance of doubt and without prejudice to any provisions, to the maximum extent permitted by law, we shall not be liable or responsible in respect of the products sold in our Outlets. Notwithstanding any provisions to the contrary, we do not warrant any matters in connection with the products, including but not limited to the quality of any, its related services, information, or other material obtained through the Platform will meet your expectations, or that any errors or defects in the services will be corrected.
10.4 In the event that you are not satisfied with the products provided, you shall immediately contact the seller which you have purchased to convey your dissatisfaction and endeavor to settle in good faith with the seller.
11. Limitation of liability
11.1 To the fullest extent permitted by the applicable law, you agree that we shall not be responsible or liable in contract, warranty or in tort, including negligence for any:
(a) interruption of business;
(b) access delays or access interruptions to the Platform;
(c) non-delivery, misdelivery, corruption, destruction or other modification of service(s);
(d) losses or damages of any sort incurred as a result of dealings with the presence of Third Party Links on the Platform (if any);
(e) computer viruses, system failures or malfunctions which may occur in connection with your use of the Application, including during use of any Third Party Links;
(f) any inaccuracies or omissions in the Material(s); or
(g) any event beyond our reasonable control.
11.2 We shall not be liable for any direct or indirect or consequent loss(es) under these T&Cs or the use of the Content and/or Platform.
11.3 Notwithstanding the applicable legal provisions, you agree that no claim or action in contract, warranty, or in tort (including negligence) arising out of, or related to, the use of the application or theses terms and conditions may be brought by you more than six (6) years after the end of the year in which the cause of action relating to such claim or action has arisen and you have acquired knowledge or negligently failed to acquire knowledge of the underlying circumstances of such claim or action.
12. Termination
12.1 Termination by us: We reserve the right to terminate accounts without providing any prior notice if these T&Cs are violated, if the service(s) and/or the Platform is discontinued or for good cause.
12.2 Termination by you: You may terminate these T&Cs by giving us notice via our “Contact Us” section. Upon receipt of your termination notice, we will close your Account within thirty (30) calendar days or as soon as practicable from the date of receipt of the termination notice.
13. Notices
13.1 You give us consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices“) from us electronically, including not limited to, by way of an e-mail or by posting notices on the Platform. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at our “Contact Us” section and discontinue your use of any Platform. In such event, all rights granted to you pursuant to these T&Cs, shall automatically terminate. We will not provide the benefits of the Platform to any users who do not consent to receipt of Notices electronically.
13.2 For the avoidance of doubt, this consent to receive Notices is entirely separated from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our Privacy Policy.
14. Entire agreement
14.1 These T&Cs shall constitute the entire agreement between you and us relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.
15. No Waiver
15.1 Our failure to enforce these T&Cs shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these T&Cs. We would still be entitled to use our rights and remedies in any other situation where you breach these T&Cs.
16. Severability
16.1 If at any time any provision of these T&Cs shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these T&Cs.
17. Governing Law
17.1 Your use of this Platform and these T&Cs shall be governed by and construed in accordance with the laws of Indonesia, and you hereby submit to the exclusive jurisdiction of the Indonesia courts.