Application Terms and Conditions
Introduction
These terms and conditions govern your use of this application; by using this application, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this application.
By using this application and by agreeing to these terms and conditions
License to use application
Unless otherwise stated, Poltracking Indonesia and/or its licensors own the intellectual property rights in the application and material on the application. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages or other contents from the application for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
– republish material from this application (including republication on another application);
– sell, rent or sub-license material from the application;
– show any material from the application in public;
– reproduce, duplicate, copy or otherwise exploit material on this application for a commercial purpose;
– edit or otherwise modify any material on the application; or
– redistribute material from this application except for content specifically and expressly made available for redistribution.
Acceptable use
- You must not use this application in any way that causes, or may cause, damage to the application or impairment of the availability or accessibility of the application; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
- You must not use this application to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
- You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this application without Poltracking Indonesia’s express written consent.
- You must not use this application to transmit or send unsolicited commercial communications.
- You must not use this application for any purposes related to marketing without Poltracking Indonesia’s express written consent.
Restricted access
Access to certain areas of this application is restricted by the age of audience. Poltracking Indonesia reserves the right to restrict access to other areas of this application, or indeed this entire application, at Poltracking Indonesia’s discretion. If Poltracking Indonesia provides you with a user ID and password to enable you to access restricted areas of this application or other content or services, you must ensure that the user ID and password are kept confidential.
Poltracking Indonesia may disable your user ID and password in Poltracking Indonesia’s sole discretion without notice or explanation.
No warranties
This application is provided as is without any representations or warranties, express or implied. Poltracking Indonesia makes no representations or warranties in relation to this application or the information and materials provided on this application.
Without prejudice to the generality of the foregoing paragraph, Poltracking Indonesia does not warrant that: – this application will be constantly available, or available at all; or
– the information on this application is complete, true, accurate or non-misleading.
Nothing on this application constitutes, or is meant to constitute, advice of any kind.
Limitations of liability
Poltracking Indonesia will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this application:
– to the extent that the application is provided free-of-charge, for any direct loss;
– for any indirect, special or consequential loss; or
– for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Poltracking Indonesia has been expressly advised of the potential loss.
Exceptions
Nothing in this application disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this application disclaimer will exclude or limit Poltracking Indonesia and liability in respect of any:
– death or personal injury caused by Poltracking Indonesia’s negligence;
– fraud or fraudulent misrepresentation on the part of Poltracking Indonesia; or
– matter which it would be illegal or unlawful for Poltracking Indonesia to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this application, you agree that the exclusions and limitations of liability set out in this application disclaimer are reasonable. If you do not think they are reasonable, you must not use this application.
Other parties
You accept that, as a limited liability entity, Poltracking Indonesia has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Poltracking Indonesia’s officers or employees in respect of any losses you suffer in connection with the application.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this application disclaimer will protect Poltracking Indonesia’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Poltracking Indonesia.
Unenforceable provisions
If any provision of this application disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this application disclaimer.
Indemnity
You hereby indemnify Poltracking Indonesia and undertake to keep Poltracking Indonesia indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Poltracking Indonesia to a third party in settlement of a claim or dispute on the advice of Poltracking Indonesia’s legal advisers) incurred or suffered by Poltracking Indonesia arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to Poltracking Indonesia’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Poltracking Indonesia may take such action as Poltracking Indonesia deems appropriate to deal with the breach, including suspending your access to the application, prohibiting you from accessing the application, blocking your login account(s) from accessing the application, contacting your internet service provider (and mobile operator) to request that they block your access to the application and/or bringing court proceedings against you.
Variation
Poltracking Indonesia may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this application from the date of the publication of the revised terms and conditions on this application. Please check this page regularly to ensure you are familiar with the current version.
Assignment
Poltracking Indonesia may transfer, sub-contract or otherwise deal with Poltracking Indonesia’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire agreement
These terms and conditions constitute the entire agreement between you and Poltracking Indonesia in relation to your use of this application, and supersede all previous agreements in respect of your use of this application.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with Indonesia’s Electronic Information and Transaction, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of South Jakarta, Indonesia.
