Terms and Conditions
These terms and conditions of use ("Terms of Use") govern the relationship between "PT. APLIKASI YELLOW OLAHKATA ("KONTAKAMI", 'we', or 'our') and its users ("User", 'you') in relation to the Services (as defined below).
KONTAKAMI provides the following services:
- KONTAKAMI application along with the website www.KONTAKAMI.com
- Service business contact address search content and other searches
- Inbound and outbound through voice calls and chat
- Content purchases or services through the application connected to Business Account (a party that displays advertisements for goods or services on the KONTAKAMI application)
- Services, content, updates, features, software, and other products and new releases that we may provide from time to time (hereinafter collectively referred to as "Services").
This service is provided by KONTAKAMI through an application accessible on the website ("Application"). Please read carefully the following terms and conditions ("Terms of Service") and our Privacy Policy, which are incorporated herein by reference into these Terms of Service.
These Terms of Service govern your access to and use of the KONTAKAMI Services and all Site Content and constitute a binding legal agreement between you and KONTAKAMI ("Agreement").
You acknowledge and agree that, from time to time, KONTAKAMI may add, change or eliminate all or part of the features or functions in the Service. KONTAKAMI may also decide to stop providing all or part of the Service at any time, and nothing in these Terms of Use shall be taken as a guarantee that the Application or any part of the Service will always be available, whether in its current or any other form, and/or that KONTAKAMI will continue to support, maintain or continue to offer the Service and/or Application or any version thereof.
YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING THE "ACCEPT TERMS" BUTTON, REGISTERING FOR KONTAKAMI, DOWNLOADING THE KONTAKAMI APPLICATION OR SERVICE, USING THE APPLICATION ON YOUR DEVICE, OR USING THE KONTAKAMI SERVICE, YOU INDICATE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU ARE NOT ENTITLED TO ACCESS OR USE THE SERVICE.
If you accept or agree to these Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind the company or other legal entity concerned to these Terms of Service and, in such case, "you" shall refer to and apply to the company or other legal entity.
You acknowledge and agree that, KONTAKAMI may offer special features and/or promotions which have separate terms and conditions in addition to these Terms of Use ("Special Terms"). In such case, such Special Terms shall govern the inconsistency with certain parts of these Terms of Use.
Accepting the Terms
By using the information, tools, features, software, and functionality including content, updates, and new releases provided by KONTAKAMI on the KONTAKAMI website, you agree to be bound by this Agreement.
If you wish to use the Service, you must read this Agreement and indicate your acceptance during the registration process. If you accept this Agreement, you represent that you have the capacity to be bound by it, or if you are acting on behalf of a company or entity, that you have the authority to bind such entity.
Privacy and Your Personal Information
You agree to the applicable KONTAKAMI Privacy Statement, and any changes published by KONTAKAMI. You grant KONTAKAMI permission to combine the information you enter or upload for the Service with other KONTAKAMI services.
Description of Service
You acknowledge and agree that the Service consists of services provided free of charge ("Basic Service") and based on payment. The Basic Service only provides you access to limited features of the Service. Other services and features can only be accessed after payment ("Pay Per Use").
All data stored by you in connection with the Service will be stored and can be accessed again when you log into the KONTAKAMI mobile application. You acknowledge and agree that KONTAKAMI has the right to delete your data if there is no activity for 30 (thirty) days from the last time your account was active in the KONTAKAMI mobile application, or as stipulated by KONTAKAMI's applicable regulations.
The Service may include features that connect you to one of our partners. If you choose to use this Service, you understand and agree to be subject to and bound by the applicable terms and conditions of the partner, which supplement these Terms of Use.
The Service may also provide information related to third-party products or services ("Offers") and provide you with general tips, recommendations, and materials.
Payment
The User acknowledges that by purchasing the Service, the User agrees to the related fees or prices as (i) stated on the Application and/or Site at the time of purchase of the Service, and (ii) amended from time to time in accordance with these Terms of Use.
You acknowledge and agree that KONTAKAMI may at any time, at its sole discretion, change the terms of charging fees and prices applicable to any type of Service, including changing the fees and prices of the Service, by giving notice to you.
If your payment at the end of your registration process is incomplete, undeliverable, or incomplete, and you do not notify KONTAKAMI immediately after the change of information, you acknowledge and agree that KONTAKAMI may refuse to provide you with the use of KONTAKAMI in any form.
You acknowledge and agree that Taxes arising in connection with this Service will be the burden and responsibility of each Party in accordance with the provisions and laws regarding applicable taxation.
Your Registration Information
To enable you to use the Service, you must register for an account with KONTAKAMI. We may verify your identity. You authorize us to ask you questions that we deem necessary to verify your identity. These questions may include asking you for further information, requiring you to provide your full address and/or linking you to take steps to confirm ownership of your email address. If you do not provide this information, KONTAKAMI cannot verify your identity, and we may refuse to allow you to use the Services.
You agree and understand that you are responsible for maintaining the confidentiality of your password, which together with your Login ID email address, allows you to access the Service. The Login ID and password, together with any cell phone number or other information you provide make up the "Registration Information." By providing an e-mail address, you agree to receive all required notices electronically, through the Service by displaying a link to general notices on the Service, to that e-mail address. It is your responsibility to update or change such e-mail address, if necessary.
If you become aware of any unauthorized use of your Registration or Account Information for the Services, you agree to notify KONTAKAMI immediately. If you believe that your Registration or Account Information or the device you use to access KONTAKAMI has been lost or stolen, or that someone is using your account without your permission, you must notify KONTAKAMI immediately in order to minimize your possible losses.
Your use of the Service
Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Site and Services for lawful purposes. Records that we hold relate to your use of the Services.
For the Services to function effectively, you must also keep your Account Information up to date. If you do not do this, the accuracy and effectiveness of the Services may be affected, and it may be that you are the legal owner of, and that you are authorized to provide to us, all Registration and Account Information and other information necessary to facilitate your use of the Services.
Your access to and use of the Services may be interrupted from time to time for various reasons, including, but not limited to, equipment malfunctions, maintenance, or routine updates performed by KONTAKAMI, or for other reasons beyond KONTAKAMI's control. At its sole discretion, KONTAKAMI may choose to suspend or discontinue the Services. Under no circumstances shall KONTAKAMI be liable to any party for any loss, cost, or damage resulting from scheduled or unscheduled downtime.
From time to time, KONTAKAMI may introduce newly updated features and/or trial usage ("Preview" features) for user testing, and you may be asked to provide any Preview Feedback. Furthermore, if you choose to use Preview features, you agree to comply with any rules or restrictions that KONTAKAMI may impose.
You understand that once you use Preview features, you may not be able to revert to a previous version of the same or similar features. Furthermore, if such a return is possible, you may not be able to restore or recover data created in the Preview features back to the previous version. Preview features are provided on an "as is" basis and may contain errors or inaccuracies that could result in data loss, corruption, or loss of data and/or information from connected devices. You acknowledge and agree that all use of Preview features is at your own risk.
The Services are provided on an "as is" and "as available" basis, and your use of the Services is at your sole and absolute risk. We will endeavor to notify you (during normal business hours) of any technical issues that may be encountered with the use of the Service.
We do not guarantee that: (a) the Service will meet your particular needs; (b) the Service will be uninterrupted, fast, secure, or error-free; (c) the Service will be accurate and reliable; (d) the quality of any products, services, information, or other materials purchased or obtained by you through the Service will meet your expectations; or (e) any errors in the Service will be corrected.
You acknowledge that KONTAKAMI may incorporate third-party users to provide hardware, software, network, storage, and other technology to be able to provide the Services. The acts and omissions of such third-party suppliers may be beyond the control of KONTAKAMI, and KONTAKAMI accepts no liability for any loss or damage suffered as a result of the acts and omissions of such third parties. On behalf of itself and any such third parties, KONTAKAMI excludes any other warranties that may be implied or applicable under any other applicable laws or regulations, to the fullest extent permitted by law.
For your convenience, KONTAKAMI may include links to other websites or content on the Internet owned or operated by third parties. Such linked sites or content are not under our control, and KONTAKAMI is not responsible for any errors, omissions, delays, defamation, libel, falsehoods, obscenity, indecency, infringements, or other material arising in the communications or consequences of those sites. The use of third-party sites is entirely at your own risk. You acknowledge and agree that the information contained in the sites linked to and from the Site is beyond KONTAKAMI's control. Since third-party websites may have different privacy policies and/or security standards, we recommend you review the privacy policies and terms of these sites before providing any personal information.
Please be aware that any links to other sites or content do not constitute endorsement or verification of those sites or content, and you agree that any risks from accessing the linked sites or content are entirely your responsibility.
KONTAKAMI will not monitor customer activity related to law enforcement interests, including for purposes of terrorism, fraud, SARA, pornography, or morality, whether intentional or unintentional. Customers are expected to notify KONTAKAMI fully to take appropriate action, such as account deactivation or reporting to the authorities.
KONTAKAMI Intellectual Property Rights
You acknowledge and agree that all information and data, such as web pages, site services, data files, text, computer programs, audio, images, photos, animations, or other material (collectively "Content") accessible as part of, or through your use of, the Services, and the Services themselves are the sole property of KONTAKAMI. You acknowledge and agree that KONTAKAMI has all rights, ownership, and legitimate interests in and to the Services and Content, including any intellectual property rights existing in the Services and Content (whether such rights are registered or not, and in any country where those rights may arise). You agree not to claim or act inconsistently with this ownership.
You grant KONTAKAMI, its subsidiaries, affiliates, and successors a royalty-free, irrevocable, and perpetual right (including for commercial purposes) to use the information and/or data obtained by KONTAKAMI through your use of the Services, provided that we will aggregate or anonymize such information or data before using it.
Additionally, you grant KONTAKAMI, its subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully enforceable, transferable, and publishable right to use, reproduce, modify, adapt, announce, create derivative works from, distribute, publicly display, and publicly announce your content worldwide in any media to provide and promote the Services, as permitted by law.
Other than the foregoing, KONTAKAMI does not claim intellectual property rights over information and content you enter into the Services. You acknowledge and agree that the Use Rights granted to you by these Terms of Use are not a transfer or sale of KONTAKAMI's ownership of the Services and Content, and you will not use the Services in a way that infringes KONTAKAMI's ownership rights. You acknowledge and agree that any attempt to use the Service beyond what is permitted by this license shall result in the withdrawal of your rights in respect of the Service and hereby grant KONTAKAMI the right to process such infringement under applicable laws and regulations.
You may not use any trade names, brand names, logos, or domain names related to KONTAKAMI or third parties without the permission of the relevant owner, except with the prior written consent of KONTAKAMI. You may provide comments, responses, or suggestions to us in connection with the Services, and we are free to use them without liability to you.
Limitation of Liability & Indemnity
You acknowledge and agree that to the fullest extent permitted by applicable law, KONTAKAMI shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages and/or losses that may be incurred as a result of the Service, including damages relating to loss of data, goodwill, reputation, or profits. KONTAKAMI will not indemnify or refund the cost of the Service under any circumstances.
KONTAKAMI will not be liable for any losses caused by inaccurate data or use that is not in accordance with the Terms of Use. You acknowledge that KONTAKAMI reserves the right to suspend or terminate your account if it is found that your use of the service is suspicious or violates the rules. Any losses arising from this are your responsibility.
In any case, KONTAKAMI and its licensors, as well as third-party service providers, shall not be liable for any amount exceeding what you have paid for the Service or proportional to your usage of the Service. You agree to hold KONTAKAMI harmless from any claims or demands arising as a result of your violation of these Terms or applicable law.
Law and Forum Governing Disputes
You agree that: (a) the Service will be provided from Indonesia; (b) Indonesian law applies to these Terms of Use, including any contractual or non-contractual issues; (c) any dispute will be resolved in the South Jakarta Court. Any lawsuits related to the Service must be filed within the time specified by the applicable regulations in Indonesia.
KONTAKAMI may choose to pursue the dispute through mediation or arbitration, which must be agreed upon by both parties.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICE OR THESE TERMS OF USE SHALL BE SUBMITTED FOLLOWING THE PROVISIONS AND JURISDICTION OF THE SOUTH JAKARTA COURT.
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