Jaybod Terms and Conditions
Posted: November 11, 2021
These
Terms and Conditions are an agreement between the user
("You") and PT DesktopIP Teknologi Indonesia
("We"), which is a limited liability company
established and operating legally under the laws of the
Republic of Indonesia and domiciled in DKI Jakarta,
Indonesia. These Terms and Conditions govern you when
accessing and using the application, website
(https://jaybod.com), features,
technology, content and products that we provide
(hereinafter, collectively referred to as the “Platform”,
“Jaybod”).
By using the Platform, you agree
that you have read, understood, agreed to and are subject
to these Terms of Use including any changes,
modifications, additions and/or amendments from time to
time. If you do not agree with these Terms of Use, then
you are not allowed to use the Platform.These Terms of Use
may be changed, modified, supplemented, or amended from
time to time at our discretion, and without prior notice
to you. You agree and accept your obligation to check
these Terms and Conditions regularly on the Platform.
A. ACCOUNT CREATION
Before using the Platform, you agree to these Terms and
Conditions and register yourself by providing the
information we need. When registering, we will ask you to
provide your full name, e-mail address and personal mobile
phone number. We can also stop using the Jaybod Platform
if in the future the data you provide to us is proven to
be incorrect.
Our system will create an account
on the Platform (“Account”) for you which can be used to
use and access all services on the Jaybod Platform. In the
event that you have logged out of your account, then you
need to enter the electronic mail address that you
provided at the time of registering yourself and enter a
password. Your account can only be used by you, so you
cannot transfer it to another person for any reason. We
reserve the right to refuse to facilitate the Service if
we know or have sufficient reason to suspect that you have
transferred or allowed your account to be used by another
person. The security and confidentiality of your account,
including your registered name, registered e-mail address,
registered mobile phone number, is entirely your personal
responsibility. All losses and risks arising from your
negligence in maintaining security and confidentiality as
stated are borne by you. Accordingly, We will consider any
use or order made through your Account as a valid request
from you. Please notify us immediately if you know or
suspect that your account has been used without your
knowledge and consent. We will take actions that We deem
necessary and We can take against such use without
consent.
B. YOUR PERSONAL INFORMATION
The collection, storage, processing, use and sharing of
your personal information, such as your name, email
address, and mobile phone number that you provide when you
open an Account is subject to the Privacy Policy, which is
an integral part of these Terms and Conditions.
C. SERVICES AND SUBSCRIPTION FEES
You acknowledge that certain services from our Platform
may not be available to you unless you subscribe to a
subscription package available on our Platform, which now
or in the future, will incur a subscription fee. You agree
and acknowledge that any terms submitted to you during the
process of using or subscribing to our Platform are
considered part of these Terms of Use.
Your
unlimited access to all services available on our Platform
will only be active after you fill out and submit all
required data and documents and complete all subscription
fee payments in a timely manner. You acknowledge that the
subscription fee may differ depending on the package and
the subscription period you choose, the payment method and
the availability of special offers that may be offered
from time to time. Subscription fees are final and must be
paid in advance.
You agree to pay the
applicable subscription fee without any tax deduction or
withholding. If a tax deduction or withholding is
mandatory, you will be responsible for paying the
additional amount as necessary for us to receive full
payment of the applicable subscription fee. We will notify
you of the reduction or withholding of the tax by sending
an electronic transaction detail letter (invoice) to
you.
You agree to provide and maintain the
truth, accuracy and current of a payment information with
the correct payment method. You agree to be responsible
for any uncollected amounts due to payment settlement
failure, including due to lack of funds or credit card
expiration. Once Jaybod has received full payment of your
subscription fee, we will send you an electronic mail
(email) notifying you of receipt of the payment and the
effective date of the subscription package you selected.
Your subscription will not be activated until Jaybod
receives full payment of your subscription fee. By
submitting your payment information, you authorize Jaybod
to provide such information to our relevant Partners to
facilitate payment. You must ask the credit or debit card
holder's permission before entering payment details,
if you do not use your own credit or debit card to pay the
subscription fee. Jaybod assumes that you have previously
obtained permission if the credit card or debit card used
for payment of the subscription fee is not yours.
You
agree that we may stop providing you with unrestricted
access to our Platform if prior to the expiration of your
current subscription period, you fail to renew your
subscription and settle the subscription fee for the next
subscription period.
You understand that Jaybod
may from time to time change prices or provide trials and
special offers that may result in different amounts
charged to certain Users. You agree and accept the price
changes by continuing to use the access provided by your
subscription plan. The price change will take effect at
the beginning of the next subscription period after the
price change date.
D. REFUND
Unless expressly provided otherwise in these Terms of
Use, subscription fees and other applicable fees cannot be
changed, canceled, returned, exchanged or transferred to
other people/parties.
You acknowledge and
understand that we do not provide refunds or transfers of
funds for any cancellation or termination of services on
our Platform before your subscription period ends.
We
accept refund requests for your subscription package
payment with the following conditions:
1.
Refunds can be submitted by sending complete User data to
our electronic mail (email) address at
support@desktopip.com (“Refund Request”);
2. The
amount returned to you is not greater than the nominal
amount you paid us;
3. Refunds are made by transfer
to the User's bank account as stated in the Refund
Application;
4. The refund process will take
approximately 7 (seven) working days;
5. Refunds can
only be approved if the User makes a payment to us in an
amount that exceeds the price that should be paid by the
User for his/her subscription package;
6. Refunds
will not be approved if the User chooses the wrong
subscription package; and
7. Refunds will not be
approved if it is caused by the User changing his/her mind
and deciding to cancel the purchase of our subscription
package.
E. ACCESS PLATFORM
There are some areas with restricted access. We have the
right to limit access to part or all of the Platform, in
accordance with applicable policies as long as it does not
affect the security and convenience of services on our
Platform.
The use of the user ID and password
is entirely the right and responsibility of the User as
well as the owner of the user ID and password. All use and
activities related to the associated user ID will be the
responsibility of the owner registered in our database. We
have the right to change or disable the related user ID if
it is found to violate these Terms of Use or at the
request of the owner of the user ID.
F. PROHIBITED USE
You are only allowed to use the Platform for lawful
purposes. You may not use Our Platform :
1.
In ways that violate applicable local, national and
international laws and regulations;
2.
In an unlawful or deceptive manner, or has an unlawful or
deceptive purpose or effect;.
3. For
the purpose of harming or attempting to harm a minor in
any way;
4. Send, knowingly receive,
upload, download, use, or reuse material that is not in
accordance with Our content standards;
5.
Disseminate or transmit unsolicited or unauthorized
advertising or promotional materials, and other forms of
similar solicitation (such as spam);
6.
Intentionally forwarding data, sending or uploading
material containing viruses, trojans, worms, logic bombs,
keystroke loggers, spyware, adware, or other malicious
programs or similar computer code designed to have a
detrimental effect on the operation of any software or
hardware.
You also agree:
1.
Not to reproduce, duplicate, copy, or resell any part of
Our Platform that conflicts with the provisions of the
Platform Terms and Conditions.
2. To
not access without permission, interfere, damage or
ruffle:
2.1 Any part of Our
Platform;
2.2 The equipment or
network on which the Platform is stored;
2.3
any software used in providing the Platform; or
2.4
Equipment or network or software owned by any third
party.
G. INTELLECTUAL PROPERTY RIGHTS
Our platform, including but not limited to, names, logos,
program codes, designs, trademarks, technologies,
databases, processes and business models, is protected by
copyrights, trademarks, patents and other intellectual
property rights available under the laws of the Republic
of Indonesia registered in our name. We own all rights and
interests in the Platform, including all intellectual
property rights related to all the features contained
therein and related intellectual property rights.
You
may use any feature of Our Platform for your personal use
for the duration of your subscription.
You may
not modify paper or digital copies of any material that
you have printed or downloaded in any way, and you may not
use illustrations, photographs, video or audio clippings,
or other graphics separately from the accompanying
text.
You are prohibited from:
1.
Copy, modify, print, adapt, translate, create copies of,
distribute, license, sell, transfer, publicly display;
2.
Publicly display, reproduce, transmit, broadcast via
online and offline media, bypass, disassemble, or
otherwise exploit any part of our Platform, including but
not limited to paid content and materials on the Platform,
both physically and digitally, during the subscription
period or after subscribing to the Platform;
3.
License, derivative license, sell, resell, transfer,
assign, distribute, or otherwise exploit or share
commercially Our Platform and/or other software associated
with Our Platform in any way;
4.
Reverse engineer or access Our Platform to:
4.1
build a competitive product or service,
4.2
build products based on ideas, features, functions, or
graphics that are similar to Our Platform, or;
4.2
copy ideas, features, functionality or graphics on Our
Platform;
5. Launch automated
programs or scripts including, but not limited to, web
spiders, web crawlers, web robots, web ants, web indexers,
bots, viruses, worms, or any program that can increase
server requests per second, or make the load too heavy
which interferes with the operation and/or performance of
Our Platform;
6. Use robots,
spiders, search or site retrieval applications, or other
manual or automated tools and processes to retrieve,
index, mine data, or in any way duplicate or circumvent
the navigational structure or appearance of Our Platform
or its content;
7. Post, distribute,
or reproduce in any way material with copyright, trademark
or other proprietary information without the prior consent
of the owner of the property rights;
8.
Remove any copyright, trademark, or other proprietary
rights notices contained in Our Platform. No license or
right is granted to you implicitly or otherwise under any
intellectual property rights owned or controlled by us and
our licensors, except for the licenses and rights
expressly granted in these Terms of Use. You may not use
any part of the content on Our Platform for commercial
purposes without previously obtaining a license to do so
from Us or Our licensors.
H. UPLOADING CONTENT ON THE PLATFORM
You can use features that allow you to upload content or
materials to our Platform (hereinafter referred to as
“Content”).
Content must:
1.
Accurate (when they state facts);
2.
Really meant (when they are expressed as an opinion);
and
3. Comply with applicable laws
in Indonesia and in the country from which they are
written.Content may not:1. Contains
material that defame someone;
2.
Contains obscene, offensive, hateful or inflammatory
material;
3. Promote content related
to gambling, sweepstakes and/or betting;
4.
Promote sexually explicit material;
5.
Promote violence;
6. Promote
discrimination based on race, sex, religion, nationality,
disability, sexua orientation, or age;
7.
Promote hacking and/or cracking services;
8.
Promote access to fraudulent products, money laundering,
multi-level marketing schemes, and pirated products;
9.
Promote access to trafficking in persons and human
organs;
10. Promote access to
illicit substances and narcotics;
11.
Promote access to cigarettes and tobacco-based
materials;
12. Promote the
unauthorized sale of products that require a license (eg
drugs, explosives, firearms, etc.);
13.
Violate copyright, database rights, or trademarks of
others;
14. Can deceive someone;
15.
Created in violation of any legal obligations to third
parties, such as contractual obligations or
confidentiality obligations;
16.
Promote any unlawful activity;
17.
Threatening, abusing, or invading another's privacy,
or causing unnecessary annoyance, inconvenience or
anxiety;
18. Can harass, offend,
embarrass, worry or annoy anyone;
19.
Used to impersonate another person, or to falsify your
identity or affiliation with another person;
20.
Give the impression that the Content is from Us, when it
is not true; and
21. Advocating,
promoting or assisting unlawful acts such as (as examples
only) copyright infringement or computer abuse.
You
warrant that the Content complies with the stated
standards, and that you will be fully responsible to us
and indemnify us for any breach of these warranties.
Accordingly, you will be responsible for any loss or
damage that we suffer as a result of your breach of
warranty.
All Content that you upload to our
Platform will be considered non-confidential, non-
proprietary and does not violate the intellectual property
rights of any party, unless you state otherwise to us as
described in our Platform's Privacy Policy. You
retain all ownership rights to your Content, but you are
required to grant Us and other users of Our Platform a
limited license to use, store and copy such Content.
We
also reserve the right to disclose your identity to any
third party who claims that the Content you post or upload
is a violation of their intellectual property rights, or
their right to privacy.
We are not responsible
or liable by any third party, for the Content or the
accuracy of any Content posted by you or other users of
our Platform.
We reserve the right to delete
any content that you create on our platform if, in our
opinion, your content does not meet the content standards
set out in our terms and conditions.
The views
expressed by other users on Our Platform do not represent
our views or values.
You are solely responsible
for securing and backing up your Content.
I. REPORT OF POSSIBLE VIOLATIONS
If you find any content on Our Platform that you believe
infringes any copyright, violates any other rights, is
defamatory, pornographic or obscene, racist, or in any
other way causes widespread infringement, or which
constitutes impersonation, abuse , spam, or otherwise
violates the Terms of Use and Privacy Policy or other
Applicable Regulations, please report this to us via
electronic mail to support@desktopip.com and/or by mail to
the following address: Gedung Ayam Bulungan Jl. Bulungan
No. 64, Kebayoran Baru, South Jakarta, Indonesia.
Please
ensure that you include, in the report (Report), the
following information :
1. A
statement that you have identified content that violates
or violates our Platform's Terms and Conditions and
Privacy Policy as well as other Applicable Regulations on
Our Platform;
2. A description of
the infringement or illegal content and the link where the
content is located;
3. Screenshots
of infringing or illegal content;
4.
Your full name, address and telephone number, e-mail
address where you can be contacted, and your Account
username if you have one.
By creating a Report,
you will be deemed to have included, in the Report:
1.
A statement that you have a good faith belief that use of
the disputed material is not authorized by the copyright
owner, its agent, or the law;
2 A
statement that the information in the Report is accurate;
and
3 In cases where you report
content that you believe violates copyright or other
related rights, a statement that you are authorized to act
on behalf of the owner of the copyright or other rights
that are alleged to have been infringed.
J. NECESSARY ACTIONS
If we know or have sufficient reason to suspect that you
have committed immoral acts, violations, crimes or other
actions that are contrary to these Terms and Conditions
and/or applicable laws and regulations, whether referred
to in these Terms and Conditions or not, then We have the
right to and can freeze the Account, either temporarily or
permanently, or terminate your access to the Platform,
carry out inspections, demand compensation, report to the
authorities and/or take other actions that we deem
necessary, including criminal and civil law actions.
We
will follow up by conducting an investigation and/or
facilitating the person concerned to report to the
authorities if we receive a report of a violation by you
of these Terms and Conditions or a violation of the
applicable laws and regulations, in connection with verbal
harassment or violence, including but not limited to, on
physical, gender, ethnicity, religion and race.
K. SERVICE GUARANTEE
The use of the Platform with any risks that may occur is
the sole responsibility of the User. The content on the
Platform is available on an as is basis and as available
without any guarantees including any related guarantees
for trading, buying, and selling purposes, or other
special uses. There is no guarantee that access to the
Platform will always be hassle-free or error-free, and
regardless of the results obtained.
L. THIRD PARTY LINKS
The use of links to the Platform by third parties outside
of Jaybod is allowed as long as it does not violate these
Terms of Use. There is no guarantee of the accuracy and/or
availability of content based on information provided by
third parties via the link to our Platform.
The use of links to our Platform is not
recommended if it is related to trading activities, or as
a form of promotion and/or support of third-party ideas,
products, services, or other forms. We reserve the right
to withdraw and/or cancel the granting of third-party
links to our Platform.
You agree that, in the
event that there are links to and access to websites and
other content provided by third parties outside of Jaybod
on our Platform, we have no control over the content of
those websites. We are not responsible for any part of the
content provided by third parties. Access or use of
content from these third parties by Users is a form of
your agreement to comply with the terms of use, privacy
policies and other policies set by these third parties.
M. PLATFORM DEVELOPMENT
We reserve the right to develop, change, and/or adjust
the content and services of the Platform permanently or
for a certain time, with or without prior notification to
the User.
N. PRIVACY GUARANTEE
We are committed to maintaining the security and
confidentiality of personal data provided by Users when
accessing and using the Platform (“Personal Data”). In
this case, the Personal Data is provided by the User
knowingly and without any pressure or coercion from any
party, and is fully responsible for maintaining the
confidentiality of the Personal Data. More complete
information related to privacy security can be seen in the
Privacy Policy section
You hereby acknowledge
that you have read and fully understand the content and
consequences of our Privacy Policy, and you irrevocably
agree and accept to be bound by the terms of our Privacy
Policy.
O. YOUR RESPONSIBILITY
You are solely responsible for the decisions you make to
use or access the Platform. You must behave with respect
and must not engage in any unlawful, threatening or
harassing behavior or actions when using the Platform.
You
are fully responsible for any losses and/or claims arising
from the use of the Platform through your Account, either
by you or other parties using your Account, in a manner
that is contrary to these Terms and Conditions, Privacy
Policy or applicable laws and regulations. applicable,
including but not limited to anti-money laundering,
anti-terrorism financing, criminal activity, fraud in any
form (including but not limited to phishing and/or social
engineering), intellectual property rights infringement,
and/or other harmful activities. public and/or any other
party or that can or is considered to damage our
reputation.
We do not guarantee that Our
Platform will be secure or free from bugs or viruses. You
are responsible for managing the information technology,
computer programs, and platforms you use to access our
Platform. You should use your own anti-virus software.
P. LIMITATION OF LIABILITY
You understand and agree that the services on our
Platform are provided as is and as available. To the
extent permitted by applicable laws and regulations, we do
not, either expressly or impliedly, make a guarantee,
support or provide any representation in any form in
connection with the provision of services on our Platform.
This includes but is not limited to implied warranties of
merchantability and suitability for a particular purpose
and no infringement, and warranties that access to or use
of the Platform will not be interfered with or not. any
errors or defects on the Platform will be corrected.
To
the extent permitted by applicable laws and regulations,
in no case will we be liable for any form of loss or
damage, either directly or indirectly, or loss of data,
use, goodwill, or other intangible losses, resulting from
because:
1. Your access to
use or use of or inability to access or use the
Platform;
2. Any actions or content
provided by third parties relating to the Platform;
3.
Unauthorized access, use or alteration of any content on
the Platform or;
4. Other problems
that arise are not caused by our violation of these Terms
of Use.
To the extent permitted by applicable
laws and regulations, Jaybod's total liability for
any claims arising from its violation of these Terms of
Use is limited to the amount you pay Jaybod to use the
services on our Platform.By using and accessing the
Platform, you agree that any answers, information,
materials and content displayed on the Platform are in
accordance with our best knowledge and intentions, and you
agree to independently verify the authenticity and
correctness of the published answers, information,
materials and content. Any action you take on the basis of
the information contained on the Platform is your own
responsibility and risk and we are not responsible for the
consequences of your actions.
Q. FORCE MAJEURE
The Jaybod Platform may be interrupted by events beyond
our authority or control, including but not limited to
natural disaster events, disease outbreaks, riots, wars,
fires, sabotage, general strikes, power outages,
telecommunications disruptions, government policies, and
others (“Force Majeure”). You agree to indemnify and hold
Jaybod harmless from any claims and demands, if we are
unable to facilitate access and/or use of the Platform, in
whole or in part, due to a Force Majeure.
R. APPLICABLE LAW
These Terms of Use are governed by and construed in
accordance with the laws of the Republic of Indonesia. You
agree that any and all disputes arising out of or in
connection with these Terms of Use (“Disputes”) will be
endeavored to be resolved amicably within 30 days. In the
event that an amicable settlement cannot be reached within
that time period, you agree to submit to the non-exclusive
jurisdiction of the South Jakarta Court. Submission to
such jurisdiction by you will not (and will not be
construed as) limiting our right to initiate legal action
or legal proceedings over a Dispute before or with any
other district court or court in any jurisdiction, whether
concurrently or separately,
S. OTHER TERMS
You understand and agree that these Terms and Conditions
are an agreement in electronic form and your action of
pressing the register button when opening an account or
the login button when accessing your account is your
active agreement to enter into an agreement with us so
that the validity of these Terms and Conditions and the
Policy Privacy is legal and legally binding and continues
to apply throughout your use of the Platform.
We
may update the Platform from time to time and change its
content at any time. However, please note that Our
Platform may have content that is not updated at certain
times, and We are not responsible for updating it. We do
not guarantee that Our Platform, nor the content contained
therein, can be completely free from errors or
omissions.
You will not make any claim or
objection to the validity of the Terms and Conditions or
the Privacy Policy made in electronic form.
You
may not transfer your rights under these Terms and
Conditions without our prior written consent. However, we
may transfer our rights under these Terms and Conditions
at any time to other parties without the need to obtain
prior approval from or provide prior notice to you.
If
you do not comply with or violate the provisions of these
Terms and Conditions, and we do not take action directly,
it does not mean that we waive our right to take necessary
action in the future.
These Terms remain in
effect even after the temporary suspension, permanent
suspension, deletion of the Platform or after the
expiration of this agreement between You and Us.
If
any of the provisions of these Terms and Conditions is
unenforceable, it will not affect the other provisions.
T. HOW TO CONTACT US
To contact us, please send an e-mail
tosupport@desktopip.com
I have read and understood all of these
Terms and Conditions and their consequences and hereby
accept all rights, obligations and conditions set forth
therein.
Jaybod Privacy Policy
Posted: November 11,
2021
PT DesktopIP Teknologi Indonesia
("We") strongly supports the Confidentiality of
a person's Personal Information. We are committed to
protecting and respecting user privacy (“you”) when
accessing and using the application, website
(https://jaybod.com), features, technology, content and
products that we provide (hereinafter, collectively
referred to as (“Platforms”, “Jaybod”).
This
Privacy Policy sets out the basic foundation for how We
use the personal information We collect and/or You provide
(“Personal Information”). This Privacy Policy applies to
all users of the Platform, unless set out in a separate
Privacy Policy. Please read our Privacy Policy carefully
so that you can understand our approach and how we use the
information.
By visiting and/or registering an
Account on Our Platform, you accept and agree to the
approaches and methods described in this Privacy
Policy.
A. PERSONAL INFORMATION WE CAN COLLECT
We may collect Personal Information in the form of:
1.
The information you provide. You can provide information
through electronic forms on our Platform or by
correspondence through telephone, electronic mail, and so
on. This information includes information that you provide
when registering on our platform, subscribing to our
services, and when you report issue(s) with our platform.
The information you provide may include your name,
address, email address, telephone number, financial and
credit card information, personal description, photos, and
other data. We may ask you to verify the information you
provide, to ensure the accuracy of the information
2.
Information we collect. For each of your visits to our
Platform, we may collect the following information
automatically:
2.1 Technical
information, including the Internet Protocol (IP address)
address used to connect your computer to the internet,
your log in information, browser type and version
(browser) used, time zone settings, browser plug-in type
and version , operating systems and platforms;
2.2
Information about your visit, including a complete list of
Uniform Resource Locators (URLs) visited to, through and
from Our Platform (including date and time); the product
you are viewing or searching for; page response times,
download problems, length of visits to certain pages,
interaction information on pages (such as scrolling,
clicks, or mouse movements), the method used to leave the
site, and the phone number used to contact our customer
service.
2.3 Your score data,
including but not limited to your test results obtained
through the Platform, as well as other academic data.
3.
Information we receive from other sources. We may receive
information if you use other sites that we operate or
other services we provide. We also work with third parties
(including, but not limited to, for example, business
partners, sub-contractors in technical services, payment
and delivery services, advertising networks, analytics
providers, information retrieval providers, and credit
reference agencies) (“Our Partners ”) and can receive
information from them. We will take steps within
reasonable limits to verify the information we get from
other sources in accordance with the Applicable
Regulations.
B. USE OF PERSONAL INFORMATION
We use Personal Information in the following ways:
1.
The information you provide. We will use this
information:
1.1 To carry out our
obligations in providing information, products and
services to you;
1.2 To provide
information regarding other products and services that we
offer; to provide you, or allow third parties to provide
you with, information about products and services that we
think may be of interest to you. If you are an existing
customer, we may contact you electronically or by other
means with information about our products and services. If
you are a new customer, and where we allow third parties
to use your Personal Data, we (or they) may contact you
electronically only if you have given your consent.
1.3
To notify you of changes to our services;
1.4
To ensure that content from Our Platform is presented in
the most effective way for you.
2.
Information we collect. We will use this information:
2.1
To manage our Platform and internal operations, including
troubleshooting, data analysis, testing, research, and
other statistical and survey purposes;
2.2
To improve Our Platform so that content is ensured that it
can be served in the most effective way for you;
2.3
To enable you to participate in new features in our
services, when you wish;
2.4 As part
of our efforts to ensure the safety and security of our
Platform;
2.5 To measure and
understand the effectiveness of the advertising that we do
to you and other parties, as well as to serve
advertisements for products and services that are relevant
to you;
2.6 To provide input and
recommendations to you and other users of our Platform
regarding products and services that may interest you and
them.
3. Information we
receive from other sources. We may combine information we
receive from other sources with information you provide
and information we collect. We may use this information as
well as the combined information for the purposes set out
above (depending on the type of information we
receive).
C. DISCLOSURE OF PERSONAL INFORMATION
We may share or disclose Personal Data with members of
Our business group, which includes branches and
subsidiaries, as well as the main parent company and its
subsidiaries.
We may share Personal Data with
third parties, including:
1.
Business partners, suppliers and sub-contractors in the
performance of the contracts we enter into with them or
you;
2. Advertisers and ad
networks that need data to select and offer relevant ads
to you and other users. We do not disclose information
about identifiable individuals, but We may provide them
with aggregate information about Our users (e.g.
information that 1000 men under the age of 30 have
accessed their advertising link on a given day). We may
also provide aggregated information to assist advertisers
in reaching specific target audiences (for example, women
in West Jakarta). We may use the personal data we collect
to fulfill advertisers' requests by displaying their
ads to that target audience;
3.
Analytics providers and search engines that help us to
improve and optimize our platform.
We may
disclose information to third parties:
1.
In situations where we sell or buy companies and/or
assets, we may disclose data to potential buyers or
sellers of such companies or assets;
2.
If PT DesktopIP Teknologi Indonesia or the substantial
assets related therein are acquired by a third party, then
the Personal Data held about our customers will be one of
the transferred assets.
3. If
We are under a responsibility to disclose or share data in
order to comply with legal obligations and other
agreements; or protect the rights, property, or security
of PT DesktopIP Teknologi Indonesia, our customers, and
others. This includes exchanging information with other
companies and organizations for the purpose of fraud
protection and credit risk reduction.
D. STORAGE OF PERSONAL INFORMATION
All Personal information that you provide to us is stored
on secure servers. All payment transactions on the
Platform will be encrypted. By submitting your Personal
Information on the Platform, you consent to the transfer,
storage, and processing that occurs on our Platform. We
will take steps within reasonable limits to ensure that
Personal Information is treated securely and in accordance
with the Privacy Policy and Applicable Regulations.
All
Personal Information that you provide will be stored by
us:
a. as long as you are
still a user of Our Platform;
b.
at least 5 (five) years from the date on which you stop
using Our Platform; or
c. in
accordance with the original purpose for which the
Personal Information was collected
In
situations where we provide (or you choose) a password
that allows you to access certain parts of our platform,
you are responsible for maintaining the confidentiality of
this password. We ask you not to share your password with
anyone. Please note that the transmission of information
over the internet is not completely secure. Nonetheless,
We will try our best to protect such Personal Information.
We cannot guarantee the security of data sent to our
Platform. The risk of any transmission is your
responsibility. Once we receive your Personal Information,
we will use strict procedures and security features to
prevent unauthorized access.
E. YOUR RIGHTS
You can request the deletion of your Personal Information
on the Platform or withdraw your consent to any or all
collection, use or disclosure of your Personal Information
by giving us reasonable notice in writing via the contact
details listed in section J of this Privacy Policy.
Depending
on the circumstances and nature of the request you
request, you must understand and acknowledge that after
the withdrawal of such consent or request for removal, you
may no longer be able to use the Platform. Withdrawal of
your consent may result in the termination of your Account
or your contractual relationship with us, with all rights
and obligations arising in full to be fulfilled. Upon
receipt of a notification to withdraw consent for the
collection, use or disclosure of your Personal
Information, We will inform you of the possible
consequences of such withdrawal so that you can decide
whether or not you wish to withdraw your consent.
You
can ask Us to access and/or correct your Personal
Information which is in our possession and control, by
contacting us at the details provided below.
Our
Platform may, from time to time, contain links to and from
websites belonging to partner networks, advertisers and
other affiliates. If you follow a link to one of these
sites, please note that these sites have their own Privacy
Policies and that We are not responsible or liable for
those policies. Please check these policies before you
submit any information to these sites.
F. COOKIES POLICY
When you use the Platform, we may place a number of
cookies on your browser. Cookies are small digital files
containing letters and numbers that we store on your
browser or computer hard drive with your consent. Cookies
contain information that is transferred to your
computer's hard disk.
Cookies may be used
for the following purposes:
a.
activate certain functions;
b.
provide analysis;
c. save your
preferences; and
d. enables the
delivery of advertising and behaviour based
advertising.Some of these cookies will only be used if you
use certain features, or choose certain preferences, while
some other cookies will always be used.
We use
cookies for the following reasons:
1.
Cookies required for the operation of this Platform
include, for example, cookies that allow you to enter
secure areas of Our Platform, use a shopping cart, or use
electronic billing services.
2.
Cookies allow us to recognize and count visitors and see
how visitors move around our platform when they use it.
This helps Us improve the way the Platform works, for
example, by ensuring users find what they are looking for
easily.
3. Cookies are used to
identify you when you return to the Platform. This allows
us to personalize our content for you, greet you by name,
and remember your preferences (for example, your choice of
language or region).
4.
Cookies record your visits to the Platform, the pages you
have visited and the links you have followed. We will use
this information to make the Platform and the
advertisements posted on it more relevant to your
interests. We may also share this information with third
parties for that purpose.
Please note that
third parties (including, for example, advertising
networks and external service providers such as web
traffic analysis services) may also use these cookies,
over which we have no control. These cookies tend to make
Our Platform and the advertisements displayed on it more
relevant to your interests, as well as improve the
performance of Our Platform. You can delete cookies by
performing the clear data function on your mobile app or
web browser which allows you to refuse the setting of all
or part of cookies. However, you may not be able to access
all or part of our Platform.
G. ACKNOWLEDGMENT AND APPROVAL
By agreeing to the Privacy Policy, you acknowledge that
you have read and understand this Privacy Policy and agree
to its terms. In particular, you agree and give consent
for us to collect, use, share, disclose, store, transfer,
or process your Personal Information in accordance with
this Privacy Policy.
In the event that you
provide Personal Information relating to other individuals
(eg Personal Information relating to your spouse, family
members, friends, or other parties) to us, then you
represent and warrant that you have obtained consent from
that individual to, and with hereby consent on behalf of
such individuals to, the collection, use, disclosure and
processing of their Personal Information by Us.
H. MARKETING MATERIALS
We and Our Partners may send you direct marketing,
advertising, and promotional communications via
push-notification applications, messages via applications,
post, telephone calls, instant messaging services, email
and/or other messaging applications (“Marketing
Materials”) if you have agree to subscribe to our mailing
list, and/or agree to receive marketing and promotional
materials from us. You may opt out of receiving such
marketing communications at any time by contacting us via
the contact details listed in section J of this Privacy
Policy. Please note that if you choose to opt out, we may
still send you non-promotional messages, such as receipts
or information about your account.
I. CHANGES IN OUR PRIVACY POLICY
Any changes we make to our Privacy Policy in the future
will be published on this page and, when necessary,
notified to you by e-mail. Please revisit this page from
time to time for updates or changes to our Privacy
Policy.
J. CONTACT INFORMATION
If you have any questions regarding this Privacy Policy
or you wish to gain access to and/or make corrections to
your Personal Information, please contact us via
support@desktopip.com
Jaybod End User Agreement
Posted: November 11, 2021
1. DEFINITION
(1)
“DesktopIP” means PT DesktopIP Teknologi Indonesia, a
limited liability company established under the laws of
the Republic of Indonesia, as the owner and developer of
Product services.
(2) “You”
means any person or legal entity who accesses and uses and
has registered with the Product.
(3)
“Product” means software as a service owned and developed
by DesktopIP, namely Jaybod, which can be accessed through
the https://jaybod.com website along with mobile and
computer applications that can be downloaded through the
Website, Google Playstore and Apple Store under the name
Jaybod.
(4) “Application”
includes software contained on the Product, associated
media, any online mode software from the Product, any
printed materials, manuals, any online or electronic
documentation, and all copies of the Product and such
materials.
2. GUARANTEE
(1)
DesktopIP warrants that it will deliver the Products in a
professional manner and use reasonable and prudent
capabilities in accordance with generally recognized
commercial practices and standards in the information
technology industry. If the Application is not provided as
promised, DesktopIP at its sole discretion will repair the
Application at the same value as what you have paid for
the non-conforming Application. It is DesktopIP's
sole responsibility and your sole remedy for breaches of
this clause 2 paragraph (1).
(2)
You acknowledge and understand that the smoothness and
continuity of the Application is highly dependent on the
accuracy and smoothness of the internet network and/or
Global Positioning System owned or located at the End
User's location. You hereby guarantee that there will
be no complaints, demands, or claims against DesktopIP for
the non-functioning or malfunctioning of the Product
caused by the weak internet network and/or the Global
Positioning System.
(3)
DesktopIP does not provide any other warranties and
explicitly disclaims any other warranties other than those
stated in this Agreement, whether stated or stipulated by
law, trade customs, or transaction procedures.
(4)
You agree to indemnify DesktopIP and its personnel or
employees for any losses, expenses, legal costs, and
liabilities (currently and in the future, continuing, and
all things based on compensation), suffered by DesktopIP
as a result of or in connection with a violation of this
Agreement or other documents made by you and/or for
actions taken by DesktopIP from the time the breach of the
Agreement or other documents occurred until it was
resolved.
(5) The availability
and reliability of the Application is based on the
availability and quality of the internet network at the
user's location and connected to your device. You
understand and agree not to claim or sue DesktopIP for any
failure to provide services due to the unavailability or
unreliability of the internet network connected to the
device you use to access the Product.
3. PRODUCT USE
(1)
You can access, display and/or operate this Application on
the device that you use for personal and non-commercial
purposes, which means that the Application may only be
accessed and used directly by individuals or legal
entities. Users may not copy, modify, modify, embed or
create any derivative works based on the data released by
this Application, the memory of any terminal device used
by this Application, or the communication process between
the client and server. If commercial sale, reproduction
and distribution is required (eg pre-installation or
software bundling), prior written permission must be
obtained from DesktopIP.
(2)
You are prohibited from using the Application for the
following things or in the following ways:
a.
to harm, torture, humiliate, slander, defame, threaten,
intimidate or harass another person or business, or
anything that violates privacy or any conduct that
DesktopIP considers hateful, obscene, inappropriate,
inappropriate or discriminatory;
b.
by means or purposes that are unlawful, fraudulent or
commercial;
c. by violating or
violating the rights of others, including but not limited
to patents, trademarks, trade, copyrights, trade secrets,
publicity, and other proprietary rights;
d.
using automated computer code, process or system, screen
scraping, robot, net crawler, spider, data processing,
trawling or computer code; and/or e.violates this
Agreement, or other provisions contained in the
Application.
(3) The features
available on the Product have been determined exclusively
by DesktopIP. You cannot request additions or
modifications to features or Products (custom). The
addition or modification of features or Products is at
DesktopIP's sole discretion. DesktopIP will accept
your suggestions and feedback, but has no obligation to
fulfill your custom requests.
(4)
You must study the Product and understand the features
available. Everything that is not provided to you by
DesktopIP either through the website, application,
presentation material, or exposure of DesktopIP personnel
or through this Agreement, is not the responsibility and
scope of work of DesktopIP. Therefore, upon any promise or
representation of the availability or availability of
certain services that you obtain from third parties, you
release DesktopIP from all forms of compensation, claims
and compensation.
(5) System
or Application failure is not the responsibility of
DesktopIP if the failure is caused by:
a.
your use of the Products in a manner not permitted by this
Agreement; b. general internet issues, Force Majeure
events or other factors beyond DesktopIP's
control;
b. general internet
issues, Force Majeure events or other factors beyond
DesktopIP's control;
c.
failure or malfunction of your equipment including but not
limited to hardware, software, network connections or
other infrastructure; or
d.
system failures or malfunctions, acts or omissions of
third parties; or reasonable or extraordinary scheduled
maintenance or emergency maintenance.
4. LICENSE GRANTING
(1)
DesktopIP grants you a revocable, non-exclusive,
non-transferable and limited right to install and use the
Application on devices owned and controlled by you, and to
access and use the Application on such devices under the
terms and conditions of this License Agreement, terms and
conditions contained in the Application itself, and other
agreements relating to your device.
(2)
All rights not specifically granted under the License are
owned by DesktopIP. This license does not grant you any
right or title to the Application and is not construed as
a sale or transfer of any intellectual property rights or
other rights
5. INTELLECTUAL PROPERTY RIGHTS
(1)
You agree that copyright and all intellectual property
rights in data, concepts, utilities and/or work developed
by DesktopIP as part of or in connection with the
Products, including but not limited to ideas, inventions,
innovations, inventions, computer programs, formulas,
processes, techniques, know-how, data or improvements are
the absolute property and inherent of DesktopIP, exclusive
and without limitation.
6. CONFIDENTIALITY
(1)
A Party from time to time discloses ("Disclosing
Party") to another Party ("Receiving
Party") certain confidential information belonging to
the Disclosing Party. Except as expressly permitted under
this Agreement, for a period of one (1) year following
disclosure, the Receiving Party will protect the
Disclosing Party's Confidential Information from
unauthorized use, dissemination or publication, in the
same manner if the Receiving Party used information
belonging to him, but no less than a reasonable way.
(2)
The Receiving Party will not use the Disclosing
Party's Confidential Information for purposes that
are expressly not permitted in this Agreement, and will
limit the disclosure of the Disclosing Party's
Confidential Information to employees or agents or
affiliates or subsidiaries of the Receiving Party who need
to know the Information. Confidential for the purposes of
this Agreement, and is, with respect to Confidential
Information of the Disclosing Party, in writing bound by
confidentiality provisions which are not less than the
provisions set forth herein. Without prejudice to the
following,
(3) For the
purposes of this Agreement, the term “Confidential
Information” means
a. product
plans, designs, costs, prices and names, unpublished
financial information, marketing plans, business
opportunities, personnel, research, development, technical
skills and non-technical business information relating to
one of the Parties;
b. all
information declared by the Disclosing Party to be
Confidential Information in writing or, if disclosed
verbally, declared confidential at the time of disclosure
and written and declared Confidential Information in
writing within thirty (30) days; and (c) the terms and
conditions of this Agreement; provided that “Confidential
Information” does not include information that has been or
has become public or available as a result of
publication,
(4) The
Receiving Party will return to the Disclosing Party,
destroy or delete all Confidential Information of the
Disclosing Party in tangible and/or electronic form upon
request in writing by the Disclosing Party or upon
termination or termination of this Agreement, whichever
occurs first. in the past, and with respect to both
matters, the Receiving Party will promptly state and in
writing certify that this has been done.
(5)
The provisions of this article remain in effect even after
the termination or expiration of the Agreement, Terms and
Conditions and Privacy Policy.
7. LIMITATION OF LIABILITY
(1)
In no event shall either Party be liable for any indirect,
incidental or special damages arising from any claim or
action stated herein, and/or for any loss of profits,
income, your contract, loss of use, business interruption,
loss of data, or failure to recognize any cost savings,
despite being advised of the possibility of such
losses.
(2) You and DesktopIP
acknowledge and agree that, in the event of a third party
claim that the Application or your possession or use of
the Application infringes the intellectual property rights
of any third party, you will be responsible for the
investigation, defense, settlement and release of such
intellectual property claim. You must notify DesktopIP in
writing of any such claim.
8. TERM AND TERMINATION
(1)
This agreement will be valid for as long as you use the
Product.
(2) Either Party may
terminate this Agreement immediately after giving written
notice to the other Party if the other Party violates this
Agreement and fails to remedy the breach within thirty
(30) days of receipt of the request to remedy the matter,
the other Party terminates its business activities. for
any reason or threatened to terminate its business
activities that may affect this Agreement or the other
Party is declared bankrupt, liquidated or other forms of
insolvency.
(3) In the event
that you terminate this Agreement unilaterally not for the
reasons contained in article 8 paragraph (2) of this
Agreement and for no apparent reason, then you are
declared "Default" and must fulfill all of its
obligations to make all subscription payments according to
the term of the Agreement.
9. NOTICES
(1)
You can contact DesktopIP to find out more about other
DesktopIP applications, products and services at Ayam
Bulungan Building 3rd Floor, Jl. Bulungan 1, No. 64,
RT.06/RW.06, Kramat Pela Village, Kebayoran Baru District,
South Jakarta City, Phone: (021) 7293693,
Email:support@desktopip.com
10. OTHER TERMS
(1)
By downloading, installing or using the Product, you
accept all the terms of this Agreement. You will have the
right to use the Application or Products if you comply
with the terms of this Agreement.
(2)
This agreement is made in English and Indonesian. In the
event that there is a discrepancy or conflict between the
Indonesian and English texts, the Indonesian text shall
govern and prevail.
(3) You
may not assign any of its rights or obligations under this
Agreement without DesktopIP's written consent.
(4)
This agreement will be governed by and subject to the laws
of the Republic of Indonesia. Any dispute arising out of
or in connection with this Agreement, including questions
regarding its validity, validity or termination, shall be
referred to and resolved by the South Jakarta District
Court. Nothing in this paragraph shall prevent a Party
from seeking or seeking an equivalent settlement of
damages of an urgent nature before appropriate judicial
proceedings.
(5) You hereby
waive the application of Articles 1266 and 1267 of the
Civil Code which require a formal application to the court
in the event of a contract termination.
(6)
You must ensure its compliance with applicable laws, laws
and regulations in relation to its activities under this
Agreement.
(7) DesktopIP
reserves the right to change this Agreement without any
prior notification. Other provisions that are included
separately in the Application can complement this
Agreement.
(8) If any
provision of this Agreement or its application is declared
invalid, illegal or unenforceable, the remainder of this
Agreement will remain valid and valid to the extent
permitted by applicable law.
(9)
You and DesktopIP are deemed not to waive their rights
under this Agreement, unless you or DesktopIP have
notified the other party in writing that he has waived
those rights. Delay or failure to exercise their rights
shall not be considered as a waiver of any breach of
contract or its consequences.
This agreement can be accessed on the
https://jaybod.com website. You are advised to
periodically access the page and read the End User
Agreement section because DesktopIP may change or make
addendums (to the extent permitted by applicable laws or
regulations) from time to time.
