Ketentuan layanan ini adalah perjanjian antara Pengguna dan Kami yang berisi seperangkat ketentuan yang mengatur hak, kewajiban serta tanggung jawab Pengguna dan Kami dalam penggunaan Layanan Kami (“Ketentuan Layanan”).
These terms of service shall be the agreement between the User and Us which contains a set provisions governing the rights, obligations and responsibilities of the User and Us in using Our Services (“Terms of Service”).
Dengan menggunaan Layanan Kami, Anda mengakui bahwa Anda telah membaca, memahami, menerima serta menyepakati Ketentuan Layanan ini dan karenanya Anda telah sepakat untuk terikat secara hukum oleh Ketentuan Layanan ini serta dokumen-dokumen lain yang berhubungan dengan Ketentuan Layanan ini. Apabila Anda tidak menyetujui Ketentuan Layanan ini, Kami mohon agar Anda tidak menggunakan Layanan Kami.
By using Our Service, You acknowledge that You have read, understood, accepted and agreed to these Terms of Service and as such You have agreed to be legally bound by these Terms of Service and other documents related to these Terms of Service. If You do not agree with these Terms of Service, please do not use Our Services.
Layanan tidak untuk digunakan di luar negara atau yurisdiksi atau oleh orang yang dapat menjadikan penggunaannya melanggar hukum. Apabila Anda termasuk kategori ini, Anda tidak diperkenankan untuk mengakses atau menggunakan Layanan.
The Service is not for use within any country or jurisdiction or by any persons where such use would constitute a violation of law. If this applies to You, You are not authorized to access or use the Service.
UNTUK DICATAT: Akses Anda ke dan penggunaan Layanan tunduk pada Ketentuan Layanan di bawah ini, termasuk juga semua peraturan perundang-undangan yang berlaku. Harap untuk membaca ketentuan-ketentuan ini dengan teliti. Apabila Anda tidak menyetujui dan sepakat untuk terikat pada Ketentuan Layanan ini, Anda tidak diperkenankan untuk mengakses untuk dengan cara apapun menggunakan Layanan manapun. Akses Anda ke dan penggunaan Layanan merupakan kesepakatan Anda untuk mematuhi setiap Ketentuan Layanan sebagaimana diatur di bawah.
PLEASE NOTE: Your access to and use of the Services are subject to the following Terms of Service, as well as all applicable laws and regulations. Please read these terms carefully. If You do not accept and agree to be bound by any of these Terms of Service, You are not authorized to access or otherwise use any Services. Your access to and use of the Services constitute Your acceptance of and agreement to abide by each of these Terms of Service as set forth below.
Ketentuan Layanan ini dapat diubah, dimodifikasi, ditambah atau diperbaharui dari waktu ke watu tanpa pemberitahuan terlebih dahulu. Kecuali dinyatakan sebaliknya, setiap Layanan tambahan akan juga tunduk pada Ketentuan Layanan ini yang berlaku secara efektif sejak tanggal penambahan tersebut.
These Terms of Service may be changed, modified, supplemented or updated from time to time without advance notice. Unless otherwise indicated, any additional Services will also be subject to these Terms of Service effective upon the date of any such addition.
PASAL 1 – ARTICLE 1
DEFINISI – DEFINITION
Other than stipulated in these Terms of Service, the following definitions shall have the definition, meanings and interpretation as stipulated below:
“Akun” berarti akun sah milik Pelanggan di Platform Atome.
“Account” means the valid account of the Users in the Atome Platform.
“Anda” berarti merujuk pada Pengguna yang menggunakan Layanan Kami.
“You” or “Your” (as the context may require) means the User who uses Our Services.
“Kami” berarti PT Mega Shopintar Indonesia dan PT Kredit Pintar Indonesia, suatu perseroan terbatas yang didirikan berdasarkan hukum negara Republik Indonesia, yang masing-masing bergerak di bidang pelayanan terkait perangkat lunak dan layanan pinjam meminjam uang berbasis teknologi informasi.
“We” or “Us” or “Our” (as the context may require) means PT Mega Shopintar Indonesia and PT Kredit Pintar Indonesia, a limited liability company established under the laws of the Republic of Indonesia, which is engaged in the field of software related services and peer-to-peer lending services, respectively.
“Layanan” berarti layanan yang dimiliki, dikelola dan disediakan oleh Kami melalui Platform Atome.
“Services” means services which is owned, administered and provided by Us through Atome Platform.
“Pembeli” berarti setiap pihak yang membeli barang yang dijual oleh Penjual pada Platform Atome.
“Buyer” means any party that buys the goods sold by the Seller in the Atome Platform;
“Pengguna” berarti setiap pihak, baik Pembeli dan Penjual, yang menggunakan Layanan Kami.
“User” or “Users” (as the context may require) means any party, including the Buyer and Seller, that uses Our Services.
“Penjual” berarti setiap pihak yang menjual barangnya pada Platform Atome dan/atau menerima pembayaran atas pembayaran yang dilakukan oleh Pengguna(-Pengguna) dengan menggunakan Pinjaman (sebagaimana didefinisikan pada Bagian II;
“Seller” means any party that sell its goods in the Atome Platform and/or receives payment for the purchases made by the User(s) using the Loan (as defined in Section II);
“Platform Atome” berarti situs, termasuk sub¬-domain website tersebut, dan setiap situs lainnya yang dimiliki, dioperasikan, dan darimana PT Mega Shopintar Indonesia menyediakan Layanan, aplikasi telepon genggam, tablet dan perangkat pintar lainnya, dan application program interfaces operated yang dioperasikan oleh PT Mega Shopintar Indonesia.
“Atome Platform” means the website, including any subdomains thereof, and any other websites owned, operated and through which PT Mega Shopintar Indonesia makes the Services available, any mobile, tablet and other smart device applications, and application program interfaces operated by PT Mega Shopintar Indonesia.
Any references, express or implied, to laws or statutory provisions shall be construed as references to those laws or provisions as respectively amended or re-enacted or as their application is modified from time to time by other provisions (whether before or after the date of this Terms of Service) and shall include any laws or provisions of which they are re-enactments (whether with or without modification) and any orders, regulations, instruments or other subordinate legislation under the relevant law or statutory provision.
PASAL 2 – ARTICLE 2
KELAYAKAN, PEMBUATAN AKUN, VERFIKASI PENGGUNA – ELIGIBILITY, ACCOUNT CREATION, USER VERIFICATION
To be eligible to be a User and to use Our Service, the User must:
have created and maintain a valid and active Account in accordance with Clause 2.2;
be an Indonesian citizen;
have a legal capacity to enter into a valid legal agreement;
have successfully completed any pre-authorisation procedures under the Atome Platform; and
have met, and continue to meet, such eligibility requirements and verification checks and assessments and terms and conditions as may be required under the Atome Platform from time to time in relation to the Services.
By creating an Account, the Users presents and warrants that the User is eligible and meet all the requirements in Clause 2.1a.
The Users’ eligibility shall be assessed and determined on an ongoing basis at Our sole discretion. We reserve the right to deny, suspend or terminate the provision of Our Service and/or to restrict, suspend or terminate the Users’ access to the Atome Platform should the Users fail to meet any of the eligibility requirements in Clause 2.1a in its sole discretion.
The User must create and register a password-protected Account on the Atome Platform by providing Us with such information as may be required for the purposes of creating such Account.
Each User may only hold one Account.
In consideration for the Users’ use of the Account, the Users agree to:
provide true, accurate, current and complete information about the Users as may be prompted by any registration forms on or through the Atome Platform or otherwise requested by Us from time to time (“Registration Data”) and to supply all information requested by Us in a timely manner;
maintain the security of the Accounts password and login details and to immediately inform Us of any potential compromise of the Users’ password or login details or any security breach;
maintain and promptly update the Registration Data, and any other information the Users provide to Us, to keep it accurate, current and complete;
promptly notify Us regarding any material changes to information or circumstances that could affect the Users’ eligibility to continue to use Our Services;
be fully responsible for all use of the Account and for any actions that take place using the Users’ Account;
ensure that the Account is used in a responsible and lawful manner and to mitigate any risks of the Account's involvement in any prohibited activities in accordance with this Terms of Service and the prevailing laws and regulations; and
comply with Our operating procedures as may be informed to the Users from time to time.
The Users are responsible for maintaining the security of the Account and the Users agree that the Users are solely responsible for all activities that occur under the Account, whether or not authorized by the Users.
We recommend that the Users refrain from sharing the Account’s details or password with any other parties. Please notify Us immediately if the Users become aware of any suspected or actual or suspected loss, theft, fraud, or unauthorized use of the Account and Account password ("Security Breach"). We shall be entitled to terminate or suspend the Account, provided always that the Users shall remain responsible for any actions taken through the use of the Account before such termination or suspension.
We shall not bear any liability or responsibility for losses of any kind that a User may incur as a result of the User’s failure to maintain the confidentiality of its password or by providing access to the Account to any other parties than Us.
The User agrees to provide any information or documentation reasonably requested to verify the User’s identity in connection with the opening of the Account.
We do not assume any responsibility for the confirmation of any User's identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, We may, but have no obligation to (i) ask the User to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of the User, (ii) screen the User against third party databases, lists of prohibited countries, territories, entities and individuals including but not limited to such lists maintained by the United Nations and Indonesian National Police, or other government institutions and other sources, and (iii) where We have sufficient information to identify the User, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in the User’s local jurisdiction (if available).
We may make access to and use of the Atome Platform, or certain areas or features of the Atome Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, the User’s repayment history and such other operating processes as may be imposed from time to time. The access to or use of certain areas and features of the Atome Platform may therefore be subject to separate policies, standards or guidelines, or may require that the User accepts additional terms and conditions, before the User can access the relevant areas or features of the Atome Platform. If there is a conflict between these Terms of Service and such additional terms and conditions as may be applicable to a specific area or feature of the Atome Platform, the latter terms and conditions shall prevail with respect to the subject matter, specific area or feature as specifically addressed in such terms and conditions, unless specified otherwise.
PASAL 3 – ARTICLE 3
KONTEN – CONTENT
The User is prohibited from using and arousing text, images, comments, or any content that contains elements of ethnicity, religion, race and intergroup (SARA), discrimination, threats, or intimidation.
When the User uploads a content to the Atome Platform, the User gives us non-exclusive rights, throughout the world, continuously, irrevocably, royalty-free, sublicensed (through several levels) the right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights that Users have in such content, in any media that is known now or in the future. Furthermore, to be fully permitted by applicable law, the User waives his moral rights and promises not to sue these rights against Us.
We have the right at any time without prior notice, to take action in the form of a store reputation reduction or store moderation, if the Seller is suspected of manipulating prices, product names, product images, product descriptions and/or other activities aimed at tricking the Buyer.
PASAL 4 – ARTICLE 4
HAK KEKAYAAN INTELEKTUAL – INTELLECTUAL PROPERTY RIGHTS
Our intellectual property rights, including but not limited to copyrights, patents and trademarks for and on behalf of Us are wholly owned by and become Our fixed asset. You shall assume that everything You read or see in relation to Your use of Our Service are Our intellectual property rights, or a third party who licensed the right to use such intellectual property to Us. Unless otherwise expressly noted, nothing that You read or see in relation to Your use of Our Service or any of the source code or HTML code that We uses to generate the Service may be copied, reproduced, modified, distributed, transmitted, republished, displayed, or performed for commercial use without Our prior written consent, except permitted by the applicable laws and regulations.
You are permitted to view and copy-print on the content paper provided by Our Service, however:
all copies are the intellectual property rights of Us and third parties which We grant licenses; and
You do not alter in any way a copy of the paper from printed materials, including the deletion of any copyright or other proprietary rights contained in the Our Service.
PASAL 5 – ARTICLE 5
AKTIVITAS YANG DILARANG – PROHIBITED ACTIVITIES
We will not provide the Services if You are using Our Services to sell the goods and/or services, or purchase the Sellers’s goods and/or services, that are restricted or prohibited under applicable laws and regulations, or if a Seller or its goods and/or services are listed in Annex 1 of these Terms of Services, which may be updated by Us or by law from time to time.
Prohibited Use – The following is prohibited: any use or attempted use of the Services (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) to interfere with any other party's use and enjoyment of the Services, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by Us to be made accessible to a User, or (vi) to obtain any materials or information through any means not intentionally made available by Us, or (vii) for any use other than the business purpose for which it was intended.
You agree not to use any portion of Our Service to:
inserting or intentionally or unintentionally transmitting viruses, worms, trojan horses, time bombs, trap door, computer code, files or programs or making repeated requests designed to interfere with, impair or limit the functionality of the software, computer hardware, telecommunications equipment, or to reduce the quality, disrupt the appearance of, or damage the functionality of Our Service;
upload, post, e-mail or otherwise accept, or paste links to any content facilitating the data hack;
hacking into any part of Our Service;
upload, transmit e-mails, or transmit links to any content that infringes the intellectual property rights of third parties;
circumvent or attempt to circumvent, any safeguards from Our Service; allow any third party to do all of the above;
rename, modify, or reshare the content provided in Our Service without Our prior consent.
upload or transmit any message, information, data, text, software or images, or other content ("Material") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity;
create a false identity for the purpose of misleading others or impersonate any person or entity, including but not limited to Our representative, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
upload or transmit any Material that You do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as non-disclosure agreements);
upload or introduce files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
delete any author attributions, legal notices or proprietary designations or labels that You upload to any communication feature;
use the communication features in a manner that adversely affects the availability of its resources to other Users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
upload or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation, commercial or otherwise;
violate any applicable local, state, national or international law;
upload or transmit any Material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
delete or revise any Material posted by any other person or entity;
manipulate or otherwise display the Services by using framing, mirroring or similar navigational technology or directly link to any portion of the Services other than the main homepage, shop.atome.id, in accordance with the limited license and Services access as outlined above;
register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Service if You are not expressly authorized by such party to do so;
harvest or otherwise collect information about others, including e-mail addresses; and/or
PASAL 6 – ARTICLE 6
KEAMANAN – SECURITY
Password Accounts, Passwords, and Security – If You have been given the option to open an account which will provide You with access to password protected portions of the site and You elect to do so, You must complete the registration process by providing Us with current, complete and accurate information as prompted by the applicable registration form, and choose a password and user name. You are entirely responsible for maintaining the confidentiality of Your password and account and for any and all activities that occur under Your account. You agree to (a) immediately notify Us of any unauthorized use of Your account or any other breach of security of which You become aware, and (b) exit completely from Your account at the end of each online session. We will not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. However, You could be held liable for losses incurred by Us or another party due to someone else using Your account or password. You may not use anyone else's account at any time, with or without the permission of the account holder.
Right to Monitor – We reserve the right to monitor the use of Services at any time as it deems appropriate and to remove any materials that, in Our sole discretion, may be illegal, may subject Us to liability, may violate these Terms of Service, or are, in Our sole discretion, inconsistent with Our purpose for the Services.
Modification of Content – We may, at Our sole discretion, modify or discontinue any of the Services or any portion thereof, with or without notice. Neither Us nor Our affiliates will be liable to You or any third party for any modification or discontinuance of any of the Services.
PASAL 7 – ARTICLE 7
GANTI RUGI – INDEMNITY
Your use of the services is at your sole risk. All content and software are provided on an "as is" or "as available" basis, and we expressly disclaims all warranties and conditions of any kind whether express or implied, including but not limited to any warranties of merchantability or fitness for a particular purpose. We makes no warranty that the content and software are accurate, timely, uninterrupted, non-infringing, virus-free or error-free, or that any such problems will be corrected.
Limitation of Liability – you understand and agree that we will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of products, use, data or other intangible losses, even if we have been advised of the possibilities of those damages, resulting from your use of or inability to use the services, content or software, or any other matter related to the services, content or software. You understand and agree that your use of the services is predicated upon your waiver of any right to sue us or our affiliates directly or to participate in a class action suit for any losses or damages resulting from your use of the services.
You will indemnify and hold Us harmless, Our parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damages or cost (including reasonable attorneys’ cost) arising out of (i) any claim or demand made by any third party due to or arising out of Your access to or use of Our Service, violation of these Terms of Service by You, or the infringement by You of any intellectual property or other right of any person or entity.
PASAL 8 – ARTICLE 8
HUKUM YANG BERLAKU DAN PENYELESAIAN SENGKETA – APPLICABLE LAW AND DISPUTE SETTLEMENT
Ketentuan Layanan ini dan kewajiban-kewajiban non-kontraktual lainnya yang timbul dari atau sehubungan dengan Ketentuan Layanan ini diatur oleh Hukum Negara Republik Indonesia. Pengguna setuju bahwa setiap tindakan hukum atau perselisihan yang timbul dari penggunaan Layanan Kami akan diselesaikan oleh Pengadilan Negeri Jakarta Selatan.
These Terms of Service and any other non-contractual obligations arising out of or in connection therewith are governed by the laws of the Republic of Indonesia. User agrees that any legal action or dispute arising out of the use of Our Service will be settled and resolved by the South Jakarta District Court.
PASAL 9 – ARTICLE 9
PENGAKHIRAN – TERMINATION
Pengguna sepakat bahwa apabila terjadi pelanggaran olehnya berdasarkan ketentuan-ketentuan dalam Ketentuan Layanan ini atau peraturan perundang-undangan yang berlaku, Kami dapat secara sepihak dan tanpa pemberitahuan terlebih dahulu mengakhiri Layanan kepada Pengguna. Pengguna sepakat bahwa setiap kerugian materiil dan non-materiil yang timbul berdasarkan pengakhiran Layanan tersebut akan sepenuhnya dibebankan kepada Pengguna.
The User agrees that in the event of any breach by the Users under the terms of these Terms of Service or with the applicable laws and regulations, We may unilaterally and without prior notice terminate the Service to the User. The User agrees that any material or immaterial loss arising from the such Service termination are entirely borne by the User.
PASAL 10 – ARTICLE 10
LINKS AND ADVERTISEMENTS – TAUTAN DAN PEMASARAN
Demi kenyamanan Anda, Kami dapat menyertakan hyperlink ke situs atau konten lain di internet yang dimiliki atau dioperasikan oleh pihak ketiga. Situs atau konten tertaut tidak berada di bawah kendali Kami dan Kami tidak bertanggung jawab atas kesalahan, kelalaian, penundaan, pencemaran nama baik, fitnah, kebohongan, pornografi, konten cabul, ketidakakuratan atau materi lain yang terkandung dalam situs atau konten tersebut, atau konsekuensi dari mengakses situs web terkait. serta keakuratan informasi, konten, produk atau layanan yang ditawarkan oleh, atau praktik informasi yang digunakan oleh situs yang ditautkan ke atau dari Platform. Kami menyarankan Anda untuk meninjau kebijakan privasi serta syarat dan ketentuan situs-situs ini sebelum memberikan informasi pribadi apa pun.
For your convenience, We may include hyperlinks to other sites or content on the internet which are owned or operated by third parties. The linked site or content is not under Our control and We are not responsible for any errors, omissions, delays, defamation, libel, lies, pornography, obscene content, inaccuracies or other material contained in the sites or content, or consequences of accessing any related website as well as accuracy of the information, content, products or services offered by, or the information practices employed by sites linked to or from the Platform. We advise you to review the privacy policies and terms and conditions of these sites prior to providing any personal information.
Kami dapat menampilkan spanduk, applet Java dan/atau hal lain yang diperlukan di Platform untuk tujuan periklanan atau iklan produk dan/atau Layanan. Anda mengetahui dan setuju bahwa Anda tidak memiliki hak untuk menerima pembayaran, biaya, penggantian dan/atau komisi sehubungan dengan iklan dan/atau materi promosi lainnya.
We may display banners, Java applets and/or other things required in the Platform for advertising purposes or advertisement of the products and/or Services. You acknowledge and agree that you do not have the right to receive any payment, fees, reimbursement and/or commissions in connection with such advertisements and/or other promotional materials.
Harap diperhatikan bahwa setiap tautan ke situs atau konten lain bukanlah bentuk dukungan atau verifikasi situs atau konten tersebut dan Anda setuju bahwa akses Anda ke penggunaan situs atau konten terkait sepenuhnya menjadi risiko Anda sendiri. Kami tidak bertanggung jawab atas segala risiko data pribadi dan keamanan data terkait akses situs pihak ketiga yang ditautkan ke atau dari Platform. Dalam kasus seperti itu, Kami akan dibebaskan dari tanggung jawab atas kerusakan atau kerugian yang terjadi pada akses tautan tersebut, termasuk namun tidak terbatas pada kerusakan atau kerugian apa pun yang terkait dengan virus, spyware, malware, worm, trojan, kesalahan, bug, atau kerusakan lainnya.
Please be advised that any link to other sites or content is not a form of endorsement or verification of such sites or content and You agree that Your access to the use of linked sites or content is entirely at Your own risk. We are not responsible for any risks of personal data and data security for the access of third-party sites linked to or from the Platform. In such case, We shall be held free from responsibility for any damage or loss occurred upon the access of such links, including but not limited to any damage or loss related to a virus, spyware, malware, worm, trojan, fault, bugs, or any other damages.
PASAL 11 – ARTICLE 11
PERUBAHAN KETENTUAN LAYANAN – CHANGES IN THE TERMS OF SERVICE
These Terms of Service may be changed and/or updated from time to time.
You are advised to read carefully and check these Terms of Service from time to time so that You remain informed about the latest version of these Terms of Service.
We may notify You of changes made to these Terms of Service via e-mail to Your registered e-mail address.
By continuing to use Our Services, You agree to any changes to these Terms of Service.
PASAL 12 – ARTICLE 12
BAHASA – LANGUAGE
Ketentuan Layanan ini dibuat dalam Bahasa Indonesia dan Bahasa Inggris. Bahasa Inggris menjadi bahasa yang berlaku terlepas dari terjemahannya ke Bahasa Indonesia dan dalam hal terdapat perbedaan atau ketidaksesuaian antara naskah asli dalam Bahasa Inggris dan Bahasa Indonesia, maka naskah dalam Bahasa Inggris yang berlaku.
This Terms of Service is made in Indonesian and English language. English language shall be the governing language despite its translation into Indonesian language and in the event of discrepancies or inconsistencies between the original English language text and the Indonesian language text, the English language version will prevail.
PASAL 13 – ARTICLE 13
KONTAK – CONTACT
Apabila ada pertanyaan, komentar, atau permintaan mengenai Ketentuan Layanan ini, dapat ditujukan kepada alamat e-mail email@example.com.
BAGIAN I – SECTION 1
PASAL 1 – ARTICLE 1
PEMBELIAN BARANG – PURCHASE OF GOODS
All transactions carried out by the Buyer must be carried out in accordance with the procedures established by Us.
When purchasing goods, the Buyer agrees that:
the Buyer is responsible for reading, understanding and agreeing to the information or description of the whole goods (including but not limited to color, quality, function, etc.) before making an offer or commitment to buy.
the Buyer acknowledges that the actual color of the product as seen on the Atome Platform will depend on the Buyer's mobile phone monitor or smart device. We do not guarantee that the appearance of goods colors on the Atome Platform will be accurate.
the User enters into a legally binding agreement between the Buyer and the Seller to buy goods when the User purchases goods from the Seller.
we do not transfer the legal ownership of the sold goods from the Seller to the Buyer.
We do not guarantee the availability of stock of every goods sold by the Seller on the Atome Platform. The Buyer understands and agrees that the availability of stock of goods is the responsibility of the Seller who offers the goods so that it can change at any time. Therefore, if the Buyer makes a payment for goods that does not have stock availability, the Seller will reject the purchase and payment of the goods and agree to return the funds paid by the Buyer.
Every purchase of goods by the Buyer which is carried out in a manner that is not in accordance with the procedures established by Us or without Our knowledge, is the responsibility of each Seller and Buyer.
The Buyer is obliged to pay for the goods no later than 3 days after the Buyer checks out the goods to be purchased. We reserve the right to cancel the transaction in question if the Buyer has not made a payment or provided payment confirmation within that time period. The Seller and Buyer have no right to claim responsibility to us and indemnify us from any claims or losses that may arise from the cancellation of such transaction.
The Buyer agrees not to notify or submit proof of payment and/or payment data to parties other than Us. In the event of a loss due to notification or submission of proof of payment and/or payment data by the Buyer to another party, this will be the full responsibility of the Buyer.
The Buyer may manually confirm receipt of the goods after receiving the shipment of goods purchased no later than 10 days after status of delivery is shown as "sent" on the Atome Platform. If within the time limit there is no confirmation or claim from the Buyer, the Buyer is deemed to have received the goods purchased and the Buyer agrees to confirm the receipt of goods automatically by the Atome Platform system.
The Buyer understands and agrees that any claims made after confirmation or automatic confirmation of receipt of goods are not Our responsibility. Any losses arising after automatic confirmation/confirmation of receipt of goods are the responsibility of the Buyer in person.
The Buyer understands and agrees that any issues on the delivery goods caused by late payment are the responsibility of the Buyer.
Refund requests can only be submitted to Us in the following cases:
The Buyer overpaid the purchased goods;
The goods purchased are not received by the Buyer due to shipping problems caused by the Seller's mistake;
The purchase cannot be carried out due to the absence of stock, changes in shipping costs, or other causes; and/or
The Seller has agreed to the delivery of the goods, but after the time as specified under Clause 2.7, the Seller does not send the goods until the specified deadline.
If the Buyer chooses to use bank transfer as the payment method, then the total price will be added by a unique code to simplify the verification process.
The Buyer is required to make a nominal payment in accordance with the bill amount along with a unique code (if any) printed on the payment page. We are not responsible for losses suffered by the Buyer when making payments that do not match the bill amount as listed on the payment page.
In there is any issue with the transaction between the Seller and the Buyer, We are authorized to make a decision on such matter if there is no deal between the Seller and the Buyer to settle such issue, by looking at the available evidence. Our decision is a final decision that cannot be contested and binds the Seller and Buyer to comply.
PASAL 2 – ARTICLE 2
PENJUALAN BARANG – SALE OF GOODS
The Seller is prohibited from manipulating or fixing prices of goods in a way that is contrary to the prevailing laws and regulations.
Any mistakes in writing the price of goods are the sole responsibility of the Seller. However, if there is an accidental writing of the price of goods, the Seller may refuse the order made by the Buyer.
The Seller is prohibited to sell any goods which are prohibited under the prevailing laws and regulations to be sold, including the goods as listed in Annex 1 of Section I of this Terms of Service, as can be amended by Us or in accordance with the prevailing laws and regulations.
The Seller is required to provide a complete and clear photos and product information in accordance with the conditions and quality of the products it sells. If there is a mismatch between the photos and product information uploaded by the Seller to the product received by the Buyer, We reserve the right to cancel or withhold the transaction funds.
In selling its goods, the Seller is prohibited from applying standard clauses that conflict with the prevailing laws and regulations.
The Seller will provide confirmation to accept or reject orders for goods that have been carried out by the Buyer no later than 1 day from the date of notification of the order of goods in the Atome Platform. If within the time limit there is no confirmation from the Seller, the Seller is deemed to reject the order of the said goods and, automatically through the Atome Platform, the order will be canceled.
The Seller will send the goods ordered by the Buyer within 3 days after the Seller receives confirmation from us on the order of goods or receipt of payment from the Buyer to the Seller. Goods shipments must be accompanied by a valid item shipping receipt number.
If the Seller does not deliver the goods ordered by the Buyer within the time period referred to in Article 2.7 above, the Seller is deemed to have canceled the transaction.
The Seller understands and agrees that the shipping courier cannot be changed by the Seller after the Seller confirms the shipment and is entirely the responsibility of the Seller.
Income tax arising from transactions conducted by the Seller and Buyer will be fully borne and managed by the Seller in accordance with applicable tax regulations.
If there is any issue with the transaction between the Seller and the Buyer, We are authorized to make a decision on such matter if there is no deal between the Seller and the Buyer to settle such issue, by looking at the available evidence. Our decision is a final decision that cannot be contested and binds the Seller and Buyer to comply.
PASAL 3 – ARTICLE 3
PENGIRIMAN BARANG – DELIVERY OF GOODS
The delivery of goods purchased by the Buyer must be done using the Seller’s shipping services partner which has been selected by the Buyer.
The User is aware of and agrees that all provisions regarding the shipment of goods are subject to the terms and conditions determined by the shipping services provider concerned.
The User represents and warrants that the User will not hold any responsibility to Us regarding the delivery of goods carried out by the shipping service provider.
The User understands and agrees that any problems in the delivery goods by the shipping services provider is the responsibility of the freight forwarding service provider.
LAMPIRAN 1 – ANNEX 1
BARANG YANG DILARANG – PROHIBITED GOODS
All types of drugs or other substances which are prohibited or restricted in accordance with applicable laws and regulations, including but not limited to the provisions of the Narcotics Law, the Psychotropic Law, and the Health Law. Also included in this provision are potent drugs, drugs that require doctor's prescription, anesthetics and the like, or drugs that do not have a marketing authorization from the Food and Drug Supervisory Agency (BPOM).
Cosmetics, foods and beverages that endanger the safety of its users, or which that do not have a marketing authorization from the Food and Drug Supervisory Agency (BPOM).
Material classified as Hazardous Material pursuant to applicable Minister of Trade Regulations.
Goods that do not have but are required to have:
Indonesian National Standard
Instructions for use in Indonesian; or
Label in Indonesian.
Other goods which ownership or distribution violates the provisions of the prevailing laws and regulations.
Goods which are resulted from copyright infringement, including but not limited to media in the form of books, CD/DVD/VCD, information and/or electronic documents, as well as other media that are in conflict with the Copyright Law.
Sexual adult goods in the form of aphrodisiacs, sex aids containing pornographic content, as well as potent drugs and power drugs, both of which do not have a BPOM distribution permit or which circulation is limited by the prevailing laws and regulations.
All forms of writing that can negatively affect the use of Atome Platform.
Firearms, sharp weapons, air rifles, and all kinds of weapons.
Government and travel documents.
Human parts or organs.
Mailing list and personal information.
Goods which harass certain parties or races or can demean others.
Lock opener and all accessories supporting robbery or theft.
Explosive goods or goods that can and or can explode, ignite or catch fire
Printed or recorded items whose contents can disturb security and order and national stability.
Bank notes including foreign bank notes unless the Seller has and can list a license as a Non-Bank Foreign Exchange Business Operator in accordance with Bank Indonesia Regulation No. 18/20/PBI/2016 and/or other regulations related to foreign exchange.
Signal scramblers, signal busters and/or other devices that can interfere with signals or telecommunications networks
Gambling equipment and tools.
Amulets, objects claimed to be supernatural and give magic powers.
Goods with exclusive distribution rights that can only be traded with a direct sales system by an authorized seller and/or goods with a multi-level marketing sales system.
Non-physical products that cannot be sent via courier services, including but not limited to credit/voucher products (telephone, electricity, games, and / or digital credit), airplane tickets and/or train tickets.
Show tickets, including but not limited to concert tickets, both physical and non-physical.
Official documents such as Certificate of Toefl, Diploma, Doctor's Letter, Receipt, etc.
All other types of Goods that are not in accordance with the applicable shipping regulations.
Other items that violate the provisions of the prevailing laws and regulations in Indonesia.
BAGIAN II – SECTION II
LAYANAN PINJAMAN – LOAN SERVICES
PASAL 1 – ARTICLE 1
DEFINISI – DEFINITIONS
Definisi berikut ini berlaku secara spesifik untuk Bagian II ini:
The definitions below shall apply specifically for the purpose of this Section II:
“POJK 77” means the Financial Services Authority (OJK) Regulation Number 77/POJK.01/2016 regarding Information Technology Based Money Lending Services.
“Borrower” or “You” means the Borrower as defined in POJK 77.
“Lender” means the Lender as defined in POJK 77.
“Loan” means the loan facility obtained by the Borrower from the Lender which is channeled by Kredit Pintar through the Atome Platform in accordance with the Lender Borrower Agreement
“Lender Borrower Agreement” or “LBA” means the agreement between the Lender and the Borrower in relation to the Loan.
“Kredit Pintar” means PT Kredit Pintar Indonesia which provides the peer to peer lending services under the Atome Platform for the Borrower to obtain Loan in accordance with POJK 77.
“Transaction” means the purchase of goods and/or services concluded by the Borrower using the Loan.
“Transaction Amount” means the total value of the Transaction intended to be performed by the Borrower using the Loan.
PASAL 2 – ARTICLE 2
LAYANAN PINJAM MEMINJAM UANG BERBASIS TEKNOLOGI INFORMASI – PEER-TO-PEER MONEY LENDING SERVICE
The Loan You receive are entirely derived from and owned by the Lender(s) having a cooperation with Kredit Pintar. Kredit Pintar only facilitates the Loan process for any Transaction concluded using the Atome Platform. Therefore, the legal relationship arising with regards to the Loan is between You and the Lender(s), thus all risk associated with the Loan shall be borne by You and the Lender(s).
The Loan application form which has been filled with all Your information, data, and supporting documents required will be passed on to and processed by Kredit Pintar. Kredit Pintar have the rights and absolute discretion to accept or reject Your application. Rejection or acceptance of Loan application will be informed through the Atome Platform.
If Your Loan has been approved, Kredit Pintar will directly settle with the relevant Seller, any Transaction Amount you have concluded using the Atome Platform. You are responsible for the accuracy of the Transaction Amount submitted to us. We will not be responsible for any loss, claims, and/or lawsuits in any form whatsoever to or by You or any other party for due to such mistake, inaccurate, and/or false information provided to Us.
Upon the acceptance of the Loan application the Loan is subject to rights and obligations under the LBA that will be entered subsequently. In this case, we neither guarantee nor undertake that (a) the Borrower will obtain the proposed Loan nor that (b) the Lender will obtain full repayment of the provided Loan. In avoidance of doubt, any risk resulted and/or caused by the LBA shall be borne by the relevant party, either the Lender or Borrower, and that both party hereby release, hold harmless and indemnify Us and/or Kredit Pintar for any matters caused and/or raised due to such agreement.
The details of the Loan utilized for each Transaction shall be further stipulated in the LBA and the Atome Platform, including but not limited to: facility limit, grace period, penalties, repayment schedule, etc.
The Borrower is obliged to repay the Loan based on the agreed repayment period within the LBA. The Loan period starts from the day Loan is utilized in purchase payments through the Atome Platform.
The Borrower shall repay the Loan with other fees and/or penalties (as informed in transparently in the Atome Platform) to the escrow/virtual account opened by Kredit Pintar for the purpose of repayment of the Loan by the Borrower, and Kredit Pintar will further pay the Lender through the escrow account opened by Kredit Pintar and the Lender for the purpose of receiving such repayment of the Loan.
Repayment of the Loan and other fees and/or penalties (if any) can be done through:
ATM by transfer to the bank account as determined and described in the Atome Platform from time to time;
E-Banking by transfer to the bank account as determined and described in the Atome Platform from time to time; or
any other method as may be determined by Us that may be informed in advance of the Loan being granted, in accordance with the prevailing rules and regulations.
You shall be imposed of a penalty if You fail to pay the Total Transaction amount of the Loan on or before the end of grace period. Such penalty will start to be incurred at the end of the grace period as stated in the LBA and will accumulate until the day You pay the full outstanding amount of the Loan facility.
You may conduct an early repayment prior to the Loan repayment schedule in accordance with the amount of the Loan that You received within the grace period as stipulated in the LBA without any additional fee (unless otherwise stipulated by Kredit Pintar in the future by providing notification to You).
You are only allowed to access and/or use the Atome Platform for Your own use, which means that the Atome Platform can only be accessed and used directly by individual or entity which is seeking the Loan for the individual itself.
Any risk of misunderstanding, miscommunications, errors, damages, costs or losses incurred by the use of the Atome Platform or in connection with the LBA is entirely at your own risk. We are not responsible for any loss caused by a failure in accessing and usage method of the Atome Platform and that is beyond our control or in breach of this Terms of Service.
Kredit Pintar is not obliged to approve Loan applications submitted through the Atome Platform by You. Kredit Pintar reserve rights to not process your application which does not meet the requirements or does not provide with accurate and/or valid Registration Data. Additionally, we and/or Kredit Pintar reserve the rights to revoke your Loan application from time to time, upon suspicion or indication of violation and/or violation of this Terms of Service.
By sending Your contact information, You agree to be contacted by us and/or Kredit Pintar through any means of communication including but not limited to phone, text message, and other communication methods that allow communication regarding Your Loan and/or Loan application at any time. Furthermore, You hereby warrant that You have received the consent of the party in which You register to be Your emergency contact in the Atome Platform. You hereby release and indemnify us and/or Kredit Pintar for any loss, claims, or lawsuits for Us and/or Kredit Pintar attempting to or communicating with such emergency contact in which You registered in the Atome Platform.
We reserve the right to vary or change these Terms of Service from time to time without requiring express or implied consent and without prior notice of such variations or changes. Such variations or changes to these Terms of Service shall be effective upon such updated version being uploaded on our Atome Platform at [LINK]. You agree that it shall be your responsibility to review this Terms of Service regularly whereupon the continued use of the Loan after such variation or changes of these Terms of Service shall constitute your consent and acceptance of such variation or changes, regardless of whether you have reviewed the updated version of the Terms of Service.
Your continued use after such change and/or variation will constitute your acceptance and agreement to be bound by such change and/or variation of these Terms of Service.
By registering to the Atome Platform, You hereby warrant that:
every information that You deliver to Us is correct, accurate, and complete, and not misleading;
You are not in default or declared in default by other third parties;
You are fully responsible for the Loan and all legal consequences which comes with it; and
You will not do anything that can cause limitation or reduction of Our rights stipulated in this Terms of Service.
You hereby authorize Us and/or Kredit Pintar to provide any notice or information to the Lender in relation to your Registration Data. You therefore acknowledge the delivery of any notice, information, request, order, warning, demand, in any manner whatsoever, by Us, Our affiliates, or any of Our subcontractors as a valid delivery and valid notice, information, request, order, warning, demand with regards to your utilization of the Loan.
PASAL 3 – ARTICLE 3
PENGGUNAAN – USAGE
To activate the Loan, You have to choose Loan in the Atome Platform for payment of the Transaction and agree to this Terms of Service when activating the Loan payment method (“Confirmation on the First Transaction”).
The Confirmation on First Transaction will be deemed as your application to obtain the Loan in the amount of the indicative credit limit and also as your request for Loan disbursement in the amount of Transaction Amount.
If necessary, Kredit Pintar or Us, from time to time, may ask You to provide or upload additional documents or information including in electronic form, to Kredit Pintar and/or us.
The Loan that you obtained can only be used as a means of Transaction payment through the Atome Platform.
The confirmation of Transaction payment using the Loan by You shall also apply as a disbursement request and instruction for Kredit Pintar to disburse such payment in the amount of the Transaction Amount to the Seller through the Atome Platform, in which you purchase the goods/services from as the payment of the Transaction (if Your Loan application is approved by Kredit Pintar).
You may use the Loan for payment of a Transaction, provided that:
you have an active and verified Account;
you still have remaining indicative credit limit with minimum amount of the Transaction Amount; and
there is no outstanding amount from the previous Loan;
the Loan will not be used to purchase the Seller’s goods and/or services that are prohibited under the applicable laws and regulations, or to purchase any goods and/or services that are listed in Annex 1 of these Terms of Service.
You hereby acknowledge and agree that the processing and settlement of your Transaction are also subject to the Terms of Service and the relevant product.
You hereby acknowledge and agree that all legal relationship arises with regard to the product from your Transaction is between You and the relevant Seller. Therefore, the responsibility over the quality of the product should rest with the relevant Seller.
Your successful Transaction, done using the Loan, will deduct your remaining Loan indicative credit limit and constitutes a loan under the LBA. Any complaint or issue regarding goods and/or services, including any product, that You receive will not cancel the Loan. You may submit your complaint over goods and/or services that You receive to the relevant Seller.
The Borrower will be charged with a monthly membership fee, with the amount as stipulated in the Loan Agreement, for the Loan that has not been repaid in full. In the event that the Borrower has made full repayments of the Loan and does not have another Loan, the Borrower will not be charged with a membership fee. For the aviodance of doubt, should the Borrower have more than one outstanding within the same month, the Borrower shall not be charged an additional Membership Fee for each Loan.
PASAL 4 – ARTICLE 4
PERNYATAAN DAN JAMINAN – REPRESENTATIONS AND WARRANTIES
Selama Anda menggunakan Pinjaman, Anda dengan ini menyatakan dan menjamin kepada Kami bahwa:
As long as You use the Loan, You hereby represent and warrant to Us that:
You are an Indonesian citizen and legally subject to the laws of the Republic of Indonesia, an individual legally entitled to enter into a binding agreement under the laws of the Republic of Indonesia, which means that You are at least 21 years old or have been married and not under any guardianship.
all facts, data, information, documents and explanation provided by you to obtain the Loan facility are true, accurate and complete; and
You have read and understand this Terms of Services and it is a legally binding and enforceable obligation upon You.
PASAL 5 – ARTICLE 5
PENANGGUHAN AKUN – ACCOUNT SUSPENSION
We may suspend, block, restrict access to and/or close an Account at any time and for any reason without your consent or prior notice. Without prejudice to the foregoing, We may, among others:
suspend or deactivate your Account if instalment payments pursuant to the LBA have not been successfully processed; and
close or permanently terminate your Account if:
we become aware that your Account is being used by a third party or has been compromised in any way whether as a result of your actions or otherwise; and/or
if we consider that you are using the Account and/or Loan inappropriately, illegally or otherwise against the spirit of these Terms of Service.
WE SHALL NOT BEAR ANY LIABILITY OR RESPONSIBILITY FOR ANY LOSSES OF ANY KIND THAT YOU MAY INCUR AS A RESULT OF YOUR ACCOUNT BEING SUSPENDED, DEACTIVATED AND/OR CLOSED FOR ANY REASON. FOR THE AVOIDANCE OF DOUBT, THIS SHALL INCLUDE ANY LOSSES THAT MAY BE INCURRED IN RELATION TO ANY PAYMENT MADE ON ITEMS INCORRECTLY BILLED OR FOR ANY DELAY IN THE ACTUAL DATE ON WHICH YOUR ACCOUNT IS DEBITED OR YOUR PAYMENT METHOD IS CHARGED.
PASAL 6 – ARTICLE 6
PENGAKTIFAN KEMBALI – REACTIVATION
In order to reactivate a suspended Account, you will be required to pay any amounts due on your account as well as any administration fee charged by us for reactivating your Account ("Reactivation Charge"). If your Account is subject to suspension as a result of error, system failure or a Security Breach, please provide us with a copy of the relevant records, and if we determine at our sole discretion that such error, system failure or Security Breach took place, we may waive the Reactivation Charge and reactivate your Account.
If you have been subject to a suspension and have successfully reactivated your Account, we reserve the right to revise the terms of your use of the Loan, including changing the way your instalments are calculated on your payment schedule, and/or limit, restrict, suspend or terminate your ability to obtain the Loan. Without prejudice to the foregoing We may, at our discretion, independently limit, restrict, suspend or terminate your access to the Atome Platform in the future.
PASAL 7 – ARTICLE 7
PENGAKHIRAN AKUN – ACCOUNT TERMINATION
You may request to close your Account at any time by contacting us at firstname.lastname@example.org. Your request may take up to thirty (30) business days to process.
Your request to close your Account will be denied if:
You owe any payments under the Loan. We will not close your Account until all outstanding payments have been made, but we may limit your ability to make further transactions using your Account;
You are subject to an investigation, including regarding the use of the Atome Platform and/or the Loan; and/or
there are any outstanding disputes between You and Us and/or any Seller in relation to the Loan.
PASAL 8 – ARTICLE 8
BATASAN TANGGUNG JAWAB – LIMITATION OF LIABILITIES
To the extent permitted by law, under no circumstances shall we or our subsidiaries, partners, affiliates, employees, directors, officers, agents, representatives and/or any third parties providing services for and/or on behalf of us ("Indemnified Parties") be liable to you for any indirect, incidental, consequential, special or exemplary damages (whether in contract, tort, equity or otherwise), arising out of or relating to the use of the Atome Platform or of opening an Account on the Atome Platform, the use of or inability to use an Account, the use of the Loan or any related service in the Atome Platform, or our or your liabilities to third parties arising from any source.
You agree that the aggregate liability of the Indemnified Parties to you for all claims arising out of or related to this Terms of Services or your use or inability to use the Loan will not (other than as may be required by applicable law in cases involving personal injury) exceed the greater of: (a) the amount you any affected order(s) giving rise to such damages, or (b) the amount of the total Transaction Value, whichever is the lowest. These limitations will apply even if the above stated remedy fails of its essential purpose.
We do not warrant, endorse, guarantee, or assume responsibility for any product or services advertised or offered by a Seller. We does not have control of, or liability for, Seller goods/services that are bought using the Loan.
PASAL 9 – ARTICLE 9
GANTI RUGI - INDEMNIFICATION
You agree to release, indemnify and hold harmless the Indemnified Parties from and against any claims, liabilities, damages, losses and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way related to:
Your access to, use of, or inability to use your Account or the Loan;
Your breach or alleged breach of these Terms of Service;
Your violation of any rights of a third party, including but not limited to any negligence or wilful misconduct of you, your employees, contractors, representatives or agents, if relevant and as the case may be, or a breach of any contracts or other relationships between you and third parties;
inability to repay Your debts and/or any amounts due;
Your violation of any applicable law; or
Your failure to provide and maintain true, accurate, current and complete information when creating and registering for an Account. You shall cooperate as fully and as reasonably required in the defense of any such claim.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree not to settle any matter without the prior written consent from us. For the avoidance of doubt, this Clause 9 will survive the termination of your Account.
PASAL 10 – ARTICLE 10
LAIN-LAIN – MISCELLANEOUS
We and/or Kredit Pintar shall be entitled to terminate the Loan payment method at any time if there is a Force Majeure event. Force Majeure shall include, but not limited to, natural disasters, fires, strikes, demonstration, and request from government authority to terminate the service as well as any other events that are beyond our and/or Kredit Pintar’s control. For the avoidance of doubt and to the extent it is permissible under the prevailing law, the Force Majeure event shall not waive Your payment obligation based on this Terms of Services and/or LBA.
All information stipulated in the Loan feature page in the Atome Platform, including but not limited to the information on Transaction history, the Loan amount, penalty, grace period and Your profile as a Borrower or User, shall constitute an integral part to this Terms of Service.
Due to the nature of the Internet, we cannot guarantee the continuous and uninterrupted availability and accessibility of the Atome Platform. We may restrict the availability of the Atome Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Atome Platform. We may improve, enhance and modify the Atome Platform from time to time. We shall not be liable in any way to you for any interruption to the use of the Loan during such period of maintenance or system upgrades.
If any provision of these Terms of Service (or any portion thereof) is determined to be invalid or unenforceable, the remaining provisions of these Terms of Service shall not be affected thereby and shall be binding upon the parties and shall be enforceable, as though said invalid or unenforceable provision (or portion thereof) were not contained in these Terms of Service.
No failure on our part to exercise and no delay on our part in exercising any right under the Terms of Service will operate as a release or waiver thereof, nor will any single or partial exercise of any right preclude any other or further exercise of it.
Nothing in these Terms of Service shall be deemed to constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between us and you other than the contractual relationship expressly provided for in these Terms of Service.
Tanpa mengurangi hak atau upaya hukum lain yang mungkin Kami miliki, Anda mengakui dan menyetujui bahwa ganti rugi mungkin bukan merupakan pemulihan yang memadai untuk segala pelanggaran Ketentuan Layanan ini dan kami berhak atas pemulihan atas perintah, kinerja spesifik dan bantuan setara lainnya. (tetapi untuk menghindari keraguan tidak ada hak pembatalan atau, kecuali diizinkan secara tegas, pemutusan hubungan kerja) untuk segala pelanggaran atau pelanggaran aktual dari Ketentuan Layanan ini.
Without prejudice to any other rights or remedies a We may have, you acknowledge and agree that damages may not be an adequate remedy for any breach of these Terms of Service and we shall be entitled to the remedies of injunction, specific performance and other equitable relief (but for the avoidance of doubt no right of rescission or, unless expressly permitted, termination) for any threatened or actual breach of these Terms of Service.