Disclaimer

 

I. INTRODUCTION

Welcome to the https://business-indonesia.org (“Site”), owned and operated in Indonesia by the German-Indonesian Chamber of Industry and Commerce (“EKONID”). The aim and purpose of the Site is to promote business in and with Indonesia, by providing information, connecting companies and developing partnerships.

The following General Terms of Use (“Terms”) is a legal contract between you, either an individual User or a single entity (“Users”, “User”) and EKONID regarding the use of this Site and its Services (“Services”).

Please read the following terms of use carefully. For information on how the Site collects, uses and shares any personal data, please see our privacy policy. For information regarding the Services provided in the Site, see Terms & Conditions.

 

II. SCOPE OF APPLICATION; GENERAL INFORMATION

These terms are applicable to anyone accessing, registering for, or using the Site including its services.

EKONID may change, add or remove portions of these terms of use at any time. Such changes shall become effective immediately upon posting. It is the user’s responsibility to review these terms of use prior to each use of the Site.

EKONID reserves the right to restrict access to parts of the Site, or the whole Site, at our discretion; Users must not evade or bypass, or attempt to evade or bypass, any access restriction measures on the Site.

 

III. ACCOUNT; PASSWORD; AND SECURITY

  1. The User represents and warrants that the User is at least 18 (eighteen) years old or married and not under guardianship or conservatorship and that they legally have the capacity and right to bind himself/herself to these Terms. If the User does not meet these conditions but continues to access or use the Site, services available on the Site, third party content located on the Site, offers on the Site or payment methods applicable on the Site, the User represents and warrants that the User's actions to open, access or carry out other activities on the Site have been approved by the User's parents or guardian. The User expressly waives any rights under applicable laws and regulations to cancel or revoke any and all consents that the User gives under these Terms and Conditions at the time the User is deemed legally mature.
  2. If the User entering into Terms on behalf of a company or other legal entity, the User guarantees that they have the authority to bind that entity to these Terms. In that case, “the User” will refer to the entity.
  3. EKONID does not charge registration fees to Users.
  4. The User who has registered is entitled to choose available Services on the Site.
  5. The User is personally responsible for maintaining the confidentiality of the account and password for all activities that occur in the User’s account.

 

IV. MODIFICATION

EKONID reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. EKONID will notify you of any material changes via email or by posting a notice on the Site. It is advisable to review the Site’s policies from time to time, as Users continued use of the Site and/or Services will constitute acknowledgement and acceptance of these policies.

 

V. INTELLECTUAL PROPERTY

  1. All contents, images and photos displayed on this Site are protected by copyright and owned or controlled by the Site or the party credited as the provider of the content. The copyright extends to the software and related documentation of the Site.
  2. The use of any information, images or photos of the Site by any third party for commercial or non-commercial purposes is prohibited, unless authorized by EKONID in writing. Users shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to Users in order to access the Service.
  3. In the event of any infringement of our copyrights, trademarks or other intellectual property rights, EKONID reserve the right to take action.

 

VI. CONTENT

  1. All information on the Site is provided in good faith. We try our best to ensure that the information is correct, adequate, valid, reliable and available. Nevertheless, no representation or warranty of any kind, expressively or implied is made, regarding the correctness, adequacy, validity, reliability, availability or completeness of any information on the Site.
  2. If an opinion is expressed, it does not have to correspond with EKONID’s opinion or align with our personal point of view. EKONID will take care to the best of our knowledge and belief that no racist, sexist, defamatory or discriminatory content towards a person a group of persons or ethnicity will be published. Shall EKONID gain knowledge that a case exceeding the limits of what is considered to fall under the right to express an opinion has occurred, we will make sure to delete the publication in question.
  3. Under no circumstances shall EKONID have any liability for any loss or damage of any kind incurred as a result of the reliance on any information or opinion provided on the Site. The user’s use of the Site and their reliance on it is solely at their own risk.

 

VII. SITE USAGE

  1. The Site is available for your personal and non-commercial use only.
  2. Therefore the user must especially not:
    1. re-publish any material from our Site (including re-publication in other media);
    2. sell or sub-license any material from our Site;
    3. re-distribute any material from our Site, both for commercial or non-commercial use; or
    4. modify, distribute, copy or reproduce the information, images or photos without our written consent and/or that of the author.
  3. The usage of the Site is at the User’s own risk. No claims for any damages occurring to yourself or your property may be asserted from the use of the Site.

 

VIII. PROHIBITED SITE USAGE; LIABILITY

  1. The User may not:
    1. access or use, or attempt to access or use, our services to take any action that could harm us or a third party;
    2. use the Services in violation of applicable laws or in violation of our intellectual property or other proprietary or legal rights of any third party;
    3. encourage or assist any other person’s attempt to circumvent, reverse engineer, decrypt, or otherwise modify or interfere with or make unauthorized use of, the services or any content thereon.
  2. If the User violates the stipulated prohibitions of use of the website, we reserve the right to take action.

 

IX. PROFESSIONAL DISCLAIMER

This Site’s content does not constitute legal and/or tax advice. EKONID has made every effort to ensure the accuracy and completeness of the information provided on business-indonesia, however, we are not responsible for any errors, omissions or mistakes in the information. EKONID reserves the right to change or modify the content without any prior notice. The legal information is provided for general information and educational purposes only and is not a substitute for professional advice. The information on this Site is not intended to be used as legal advice and no action should be taken against EKONID regarding the information provided on business-indonesia.

Before taking any actions based upon such information, we encourage the User to consult with appropriate professionals. The use of or reliance on any information contained in this Site is solely at the User’s own risk.

 

X. EXTERNAL LINKS

  1. The Site may contain links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or completeness by us.
  2. We do not warrant, endorse, guarantee, or assume responsibility for the accuracy or reliability of any information offered by third-party websites linked through the Site or by any website or feature linked in any banner or other advertising. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

 

XI. SOCIAL MEDIA CHANNELS DISCLAIMER

Contents and media posted on our social media channels and accessible through our Site are intended for a general overview and discussion.

It is not intended to be, and should not be, used as a substitute for obtaining legal and tax advice in any specific situation. We will assume any responsibility for any actions taken or omitted on the basis of our publications. All videos, podcasts or any other media published by us shall remain our copyright and all rights are reserved.

 

XII. LIMITATION OF LIABILITY

EKONID shall not be liable for any claims, demands, actions, suits, obligations, losses, damages, liabilities, expenses or costs, arising out of or relating to the Site, the Services, or your use of either.

In no event shall Company or its officers, employees, managers, directors, partners, members, agents, contractors, shareholders, affiliates, licensors, successors, or assigns have any liability to you for any direct, indirect, special, incidental, multiple, exemplary, punitive, or consequential damages, or for lost profits, loss of use, business interruption, costs of procurement of substitute goods or services, either in contract, tort or under any other theory of liability, whether or not the possibility of such damage has been advised to you.

In no event shall EKONID’s maximum liability hereunder exceed the fees paid by Users for the Services, whether in contract, tort or under any other theory of liability.

 

XIII. INDEMNIFICATION

Users agree to indemnify and hold harmless EKONID and its officers, employees, managers, directors, partners, members, agents, contractors, shareholders, affiliates, licensors, successors, and assigns from and against any and all costs, claims, losses, damages, liabilities, expenses, fees, demands, and judgments, including court costs and attorney’s fees, which may arise out of Users’ violation of these Terms of Use, Users’ use of the Site or the Services, or use of any information obtained from the Site.

 

XIV. LAW AND JURISDICTION

These Terms of use, their validity, interpretation, execution and the settlement of disputes shall be governed by the laws of the Republic of Indonesia.

All disputes, disagreements and/or differences of opinions arising in connection with the contents and the implementation of this Term of use shall first be resolved by amicable settlement.

In the event that a settlement is not reached within 30 (thirty) days from the date one Party notifies the other Party in writing of its intention to submit the dispute, all disputes arising from these Terms of Use shall be finally settled by arbitration under the administrative and procedural Rules of Badan Arbitrase Nasional Indonesia (BANI) by arbitrators appointed in accordance with said Rules, whose decision shall bind the parties and serve as a decision in the first and final instance.

 

XV. MISCELLANEOUS

  1. WAIVER

    The failure of EKONID to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by EKONID.

  2. SEVERABILITY

    If a provision of this disclaimer is determined by any court or other competent authority to be invalid, unlawful and/or unenforceable, the other provisions will remain in effect.

    If any unlawful and/or unenforceable provision of this disclaimer would be lawful or enforceable, if one or more parts of it were deleted, that part(s) will be deemed to be deleted, and the rest of the provision will remain in effect.

  3. ENTIRE AGREEMENT

    These Terms (including our Privacy Policy) and the Terms & Conditions as applicable, are the entire agreement between User and EKONID relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms made by EKONID as set forth in section IV above.