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“Account” means the account associated with your email address.
“mBangun dan Mitra Mbangun”, “we”, “our”, “company” or “the company” or “us” means PT. Mustika Bangun Teknologi.
“Inactive Account” means a User Account that has not been logged into for a 6 month period, or other period determined by us from time to time.
“Intellectual Property Rights” means any and all intellectual property rights, existing worldwide and the subject matter of such rights, including:
(a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential; and
(b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.
“Payment” means a payment made by the User for the provision of Services under a User Contract and which will be released in accordance with the section “Payments” of these terms and conditions.
“Project” or “Listing” means a job offered or awarded by mBangun dan Mitra Mbangun via the Apps to servicing companies, servicing individual, which interpretation from previously User’s request to mBangun dan Mitra Mbangun
“mBangun dan Mitra Mbangun Services” means all services provided by us to you.
“User”, “you” or “your” means an individual who visits or uses the Website, including via the API.
“User Contract” means: (1) this User Agreement; (2) the Code of Conduct as amended from time to time; (3) any other contractual provisions accepted by both the Seller and Buyer uploaded to the Website, to the extent not inconsistent with the User Agreement and the Code of Conduct; (4) the Project terms as awarded and accepted on the Website, to the extent not inconsistent with the User Agreement and the Code of Conduct; and (5) any other material incorporated by reference from time to time.
“Website” means the Websites operated by mBangun dan Mitra Mbangun and available at: mBangun dan Mitra m-bangun.com and any of its regional or other domains or properties, and any related mBangun dan Mitra Mbangun service, tool or application, specifically including mobile web, any iOS App and any Android App, or API or other access mechanism.
By accessing the Website and/or Apps, you agree to the following terms with mBangun dan Mitra Mbangun.
We may amend this User Agreement and any linked information from time to time by posting amended terms on the Website, without notice to you.
The Website is an online venue where Users buy and sell Seller Services and items. Buyers and Sellers must register for an Account in order to buy or sell Seller Services and/or items. The Website enables Users to work together online to complete and pay for Projects, buy and sell items and to use the services that we provide. We are not a party to any contractual agreements between Buyer and Seller in the online venue, we merely facilitate connections between the parties.
We may, from time to time, and without notice, change or add to the Website or the information, products or services described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if any error occurs in the information on the Website or if that information is not current.
Before using the Website and/or Apps, you must read the whole User Agreement, the Website and/or Apps policies and all linked information.
You will not use the Website and/or Apps if you:
are not able to form legally binding contracts;
are under the age of 16;
a person barred from receiving and rendering services under the laws of Indonesia or other applicable jurisdiction;
are suspended from using the Website; or
do not hold a valid email address.
All free user accounts are associated with individuals. Login credentials should not be shared by users with others. The individual associated with the account will be held responsible for all actions taken by the account, without limitation.
Subject to your local laws, a person over 15 but under 18 can use an adult’s account with the permission of the account holder. However, the account holder is responsible for all actions taken by the account, without limitation.
Users may provide a business name or a company name, which is associated with the User’s Account. Users acknowledge and agree that where a business name or company name is associated with their Account, this User Agreement is a contract with the User as an individual (not the business or company) and Users remain solely responsible for all activity undertaken in respect of their Account.
A company, corporation, trust, partnership or other non-individual corporate entity may be a User subject to an eligible corporate account which pays corporate subscriptions.
We may, at our absolute discretion, refuse to register any person or entity as a User.
You cannot transfer or assign any rights or obligations you have under this agreement without prior written consent.
4. Using mBangun dan Mitra Mbangun
While using the Website and/or Apps, you will not attempt to or otherwise do any of the following:
post content or items in inappropriate categories or areas on our Website and/or Apps and services;
infringe any laws, third party rights or our policies, such as the Code of Conduct;
fail to deliver payment for services delivered to you;
fail to deliver Seller Services purchased from you;
circumvent or manipulate our fee structure, the billing process, or fees owed to Freelancer;
post false, inaccurate, misleading, deceptive, defamatory or offensive content (including personal information);
take any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the Website);
transfer your mBangun dan Mitra Mbangun account (including feedback) and Username to another party without our consent;
distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm mBangun dan Mitra Mbangun, the Website, or the interests or property of mBangun dan Mitra Mbangun users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
download and aggregate listings from our website/apps for display with listings from other Website and/or Apps without our express written permission, “frame”, “mirror” or otherwise incorporate any part of the Website into any other website without our prior written authorisation;
attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website;
copy, modify or distribute rights or content from the Website/Apps or mBangun dan Mitra Mbangun’s copyrights and trademarks; or
harvest or otherwise collect information about Users, including email addresses, without their consent.
use mBangun dan Mitra Mbangun to facilitate money exchange including, but not limited to, cryptocurrency (e.g. bitcoin, ethereum, etc).
5. Your Responsibilities
You confirm that:
You will comply at all times with all Applicable Laws and the Policies, and will notify mBangun dan Mitra Mbangun if You are in breach of any Applicable Laws or the Policies;
You will only use the System for lawful purposes and only for the purposes for which it is intended to be used;
You shall ensure that any documents and information provided by You (or on Your behalf) to mBangun dan Mitra Mbangun or otherwise via the System are at all times accurate, current, complete and not misleading;
You shall only use an internet access point and data account which You are authorized to use;
You shall not engage in any fraudulent, deceptive or misleading conduct; and
You shall not impair or circumvent the proper operation of the system or network which the System operates on.
Your interactions with Servicing Providers and other Users
Your order for Services from mBangun dan Mitra Mbangun creates a direct relationship between You and the Servicing Provider (companies, individual, etc), to which mBangun dan Mitra Mbangun is not a party. To the maximum extent permitted by Applicable Law, mBangun dan Mitra Mbangun is not responsible or liable for the acts or omissions of a Servicing Provider in relation to You. You have the sole responsibility for any obligations or liabilities to Servicing Providers or any other third parties that arise from Your use of the Servicing.
to treat Servicing Providers and other Users with respect, in compliance with the Policies, and not to engage in any unlawful, threatening or harassing behaviour or activities whilst using the Services or the System;
not to cause any damage to third party property; and
not to contact Servicing Providers for purposes other than to receive and use the Services.
Although the Servicing Provider is solely responsible for the Services, if You have a complaint about the Services You have received, mBangun dan Mitra Mbangun has the right to deal with any such complaints through mBangun dan Mitra Mbangun’s complaints handling process. You agree to cooperate fully with such process and to submit any complaint You may have via the User Application. mBangun dan Mitra Mbangun also reserves the right to redirect Your complaint to the relevant Provider and may choose, but is not obliged, to facilitate discussions with the Servicing Provider. M_bangun’s complaints handling process shall not exclude any rights or remedies that cannot be excluded or limited under Applicable Law.
If mBangun dan Mitra Mbangun receives a complaint from a Servicing Provider or another person about You, mBangun dan Mitra Mbangun has the right to redirect the complaint to You or deal with such complaint via its complaints handling process. Again, You agree to cooperate fully with such process.
6. Your Account
In order to access the System as a User, You must register for and maintain an Account as a user of the User Application.
You are responsible for all activities conducted on Your Account. You:
must only have one Account;
must keep Your Account information (including Your login details and payment details) confidential and secure;
must not provide any other person with access to Your Account, including to transfer the Account or information from Your Account to any other person;
must promptly notify mBangun dan Mitra Mbangun if You suspect any unauthorized access to or use of Your Account; and
must not, if You are also a Servicing Provider, use Your Account to make an order as a User that You will accept as a Servicing Provider, or otherwise collaborate with other Servicing Providers or Users in any similar scheme.
mBangun dan Mitra Mbangun reserves the right to block or deny access to Your Account, and/or block features available in the User Application, without prejudice to its other rights and remedies:
during an investigation;
if You owe any money to mBangun dan Mitra Mbangun or its Group Companies;
at any other time in mBangun dan Mitra Mbangun’s reasonable discretion.
7. Your use of the System
In using the System, You shall not:
license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the System in any way;
modify or make derivative works based on the System, or reverse engineer or access the underlying software for any reason;
use the System to build a competitive product or service, build a product using similar ideas, features, functions or graphics as the System, copy any ideas, features, functions or graphics of the System, or launch an automated program or script which may make multiple server requests per second, or which unduly burdens or hinders the operation and/or performance of the System, or attempt to gain unauthorized access to the System or related systems or networks;
use any application or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure, presentation or content of the System;
post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights, or remove any copyright, trademark or other proprietary rights notices contained in the System;
send or store any material for unlawful or fraudulent purposes;
send spam or other unsolicited messages;
send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material;
send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs;
interfere with or disrupt the integrity or performance of the System or the data contained therein;
impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity;
deliberately misrepresent Your location, or make or receive orders for Services other than via the User Application or which are fakeclass=”li5″>cause nuisance, annoyance, inconvenience, harassment, personal injury or property damage, whether to mBangun dan Mitra Mbangun (and its officers, directors, members, employees and agents), any Servicing Provider, or any other party; or
damage mBangun dan Mitra Mbangun’s or any of its Group Companies’ reputation in any way.
You shall not use the Services to:
commit a crime or do anything contrary to Applicable Law; or
harm or injure another person or infringe another person’s rights.
Servicing Providers are required to agree that they will be careful and provide the Services safely. However, You are ultimately responsible for Your own safety in Your use of the Services, and You shall take all necessary precautions.
8. Your Mobile Device
• Your access to the User Application will be through a Mobile Device. It is Your responsibility to check and ensure that You download the correct software (including the latest version of the User Application) for Your Mobile Device. mBangun dan Mitra Mbangun is not liable if You do not have a compatible device or if You do not have the latest version of the software (including the latest version of the User Application) for Your Mobile Device.
If a Mobile Device is lost, stolen, broken and/or no longer in Your possession, and this exposes Your Account information to someone else or otherwise affects mBangun dan Mitra Mbangun’s legal rights and/or remedies, You must immediately notify mBangun dan Mitra Mbangun and follow the procedures notified by mBangun dan Mitra Mbangun.
You are solely responsible for having in place an appropriate internet and mobile plan and for any fees charged by Your telecommunications service provider, such as telephone, SMS and internet data fees. You acknowledge that Your use of the System may consume large amounts of data and that You will be solely responsible for such usage and the associated fees.
9. Financial terms
The download and/or use of the User Application is provided for You to use the System and is provided on a royalty-free basis. mBangun dan Mitra Mbangun reserves the right to charge a fee for all support and services You obtain, directly or indirectly, through the use of the System, as notified to You by mBangun dan Mitra Mbangun from time to time (including via the Policies).
Servicing Providers are entitled to charge You a fee for the Servicing, which may include:
a fee for each instance of Servicing Services;
any applicable cancellation or other charges in accordance with mBangun dan Mitra Mbangun’s prevailing Policies; and
any applicable taxes calculated in accordance with Applicable Law (together, the User Fees). The fee for each instance of Services, any cancellation or other charges and/or taxes (as applicable) will be calculated via the User Application and all other charges will be manually entered by the Servicing Provider into the Vendor Application (without mark-up) and are payable by You via the User Application or otherwise in accordance with the Policies. You have the right to agree with the Servicing Provider on a different fee for provision of the Services, such agreed fee to be applied only after notification to mBangun dan Mitra Mbangun and reflected as the fee for Services in the Driver Application.
The fee component of User Fees may increase based on demand and other factors in Your location. mBangun dan Mitra Mbangun will always endeavour to inform You about any such increase via the User Application and it is Your responsibility to review the User Fees (or the basis on which they will be calculated) carefully before electing to purchase Services. You will be deemed to be aware of, and You accept responsibility for, all User Fees incurred under Your Account.
mBangun dan Mitra Mbangun may update the basis on which User Fees are calculated via the System at any time in its absolute discretion. Any User Fees on or after the date on which the update takes effect shall be subject to the updated calculation.
The User Application may provide You with an option to cancel certain Services before such Services commence. If You choose to do so, You may be required to pay a cancellation charge in accordance with mBangun dan Mitra Mbangun’s prevailing Policies.
When using Services, You must make yourself available at Your designated pick-up location by the relevant time specified via the User Application or the relevant Policies. If You fail to do so, the Servicing Provider is entitled to cancel the Services and You may be charged a cancellation charge, or other applicable charges, in accordance with mBangun dan Mitra Mbangun’s prevailing Policies.
In order to promote usage of the System, mBangun dan Mitra Mbangun may from time to time, in its sole discretion, offer promotions based on You meeting specified criteria and complying with specified conditions. You may choose whether or not to participate in the promotion. If You do decide to participate, Your right to benefit from the relevant promotions is conditional on You meeting all of the specified criteria and complying with all of the specified conditions, to mBangun dan Mitra Mbangun’s reasonable satisfaction. If You do not do so, You will not be entitled to the benefits of the relevant promotions. You agree that You will only use such promotions for their intended use and will not abuse, duplicate, sell or transfer the promotions in any manner. You also understand that the promotions cannot be exchanged for cash and may expire on a certain date, even before You use them.
Where You choose to make payment using cash, You shall pay all User Fees payable to the Servicing Provider, and any other amounts payable to mBangun dan Mitra Mbangun, to the Provider, who shall collect the amounts payable to mBangun dan Mitra Mbangun on behalf of mBangun dan Mitra Mbangun.
Where You choose to make payment using a non-cash payment method, You grant to mBangun dan Mitra Mbangun the full power and authority to debit the same using the default payment method designated in Your Account and remit the User Fees on Your behalf to the Servicing Provider, after deduction (where applicable) of the relevant amounts by mBangun dan Mitra Mbangun in accordance with its arrangements with the Servicing Providers.
All payments must be in the local currency in the Territory.
If App Credits are available in Your Territory, Your use of App Credits may be subject to Specific Terms and Local Terms. Please check these carefully before using App Credits. mBangun dan Mitra Mbangun may at its absolute discretion reject Your request to purchase App Credits for any reason. For the avoidance of doubt, App Credits are not redeemable for cash, are not refundable under any circumstances and cannot be resold or exchanged for value.
If You are have been incorrectly charged a fee, you may contact us via the User Application or by email to support@m-Bangun.com dan Mitra m-bangun.com for assistance. mBangun dan Mitra Mbangun has sole discretion in determining whether to process any refund or return of payment to You and the mode of such refund or return of payment (including by way of Vouchers).
You agree to do everything necessary and required by Applicable Law to enable, assist and/or defend mBangun dan Mitra Mbangun to claim or verify any applicable input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the System and/or the Transportation Services.
10. Indemnities and liability
You shall defend, indemnify and hold harmless mBangun dan Mitra Mbangun, its licensors and each such party’s Affiliates and their respective officers, directors, members, employees and agents from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with:
Your use of the System and/or the Transportation Services, including:
(a) any claim by You or a person acting on Your behalf that any mBangun dan Mitra Mbangun Group Company, rather than a Servicing Provider, is the provider of the Transportation Services;
(b) any third party claims (including claims by any Servicing Providers) arising from Your use of the System and/or the Transportation Services; and
(c) in respect of any items that You purchase, obtain and/or transport using the Services.
Without limitation to clause 9.2, mBangun dan Mitra Mbangun makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the System, or that the System will be uninterrupted or error-free, or will operate in combination with any other hardware, software, system or data, or that any data will be accurate or reliable.
mBangun dan Mitra Mbangun does not provide and is not responsible for providing or ensuring the provision of the Services. mBangun dan Mitra Mbangun does not guarantee the quality, suitability, safety or ability of the Servicing Providers or any other third party providers.
The System may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by You or the Servicing Provider being faulty, not connected, out of range, switched off or not functioning. mBangun dan Mitra Mbangun is not responsible for any delays, delivery failures, damages or losses resulting from such problems.
Timelines specified for Services are, unless expressly agreed otherwise by mBangun dan Mitra Mbangun in writing, indicative. Neither mBangun dan Mitra Mbangun nor the Servicing Providers make any warranty, representation or undertaking that specified timelines will be met.
To the maximum extent permitted by Applicable Law, mBangun dan Mitra Mbangun shall not be liable for:
indirect, incidental, special, exemplary, punitive or consequential damages;
loss of use, lost profits, lost data, lost business, lost goodwill, lost contracts or lost opportunity; and
personal injury or property damage,
11. Term and termination
at any time for any reason by giving notice to You; and
Promptly (and in any event within three days), pay any money owed to mBangun dan Mitra Mbangun (which shall become immediately due and payable on termination or expiry), including any outstanding payments in connection with Services ordered by You prior to termination or expiry; and
Immediately delete and fully remove the User Application from Your Mobile Device.
mBangun dan Mitra Mbangun shall not be liable for delay or failure in performance resulting from causes beyond mBangun dan Mitra Mbangun’s reasonable control.
You shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of mBangun dan Mitra Mbangun or any of its Affiliates.
mBangun dan Mitra Mbangun may give notice to You by means of a general notice published on the User Application, the Website, the Policies, or to Your email address set out in Your Account. You must give notice to mBangun dan Mitra Mbangun by email to firstname.lastname@example.org dan Mitra m-bangun.com.