Terms Of Use Of The Anabul Application

Wednesday, 18 September 2024

Terms Of Use Of The Anabul Application

Superadmin2 Terms & Conditions Wednesday, 18 September 2024

INTRODUCTION

1. General Terms 

Please read all of these terms of use before accessing or using the app These Terms of Use are an agreement between the user (hereinafter referred to as "You, or Your, or User") and ANABUL App service provider (also referred to as CV Andalan Flora Fauna or ANABUL or "We"). These User Terms take effect when you click the "I Accept" button or checkbox displayed with these terms, hereinafter the date you agree to these terms is referred to as ("Effective Date"). You represent to us that you are legally able to enter into a contract (e.g. you are not a minor party). If you sign these User Terms on behalf of an Entity/Legal Entity, such as the company you work for, you represent to us that you have full legal authority or power of attorney as a representative of that Entity/Legal Entity. 

2. Use of the App and Services 

2.1. You can access and use the services on this App, as long as it does not conflict with the User Terms that we have set either when you agree to the current User terms or the changes that we will notify you;

2.2. The ANABUL App can only be used by Users who have registered themselves, agreed to our terms and conditions and who have been verified by us;

2.3. In order to access the products and services on the ANABUL App only, you must become an Account Holder by creating an account. When creating an account, you must provide complete information and you are solely responsible for the activities that occur on the account, including your interactions and communications with other Users, and you must protect the security of the account and you agree to keep your contact information up to date;

2.4. You hereby declare that you are an Individual or Representative of a Legal Entity that is capable, authorized and able to carry out its rights and obligations as stipulated in the User Terms.

3. Opening and Accessing the ANABUL Account

3.1. In order to become a User of the ANABUL App, You must apply via the online form provided by Us;

3.2. You guarantee and are responsible for the validity of the information and documents provided in applying to register as a User;

3.3. You agree and authorize us to collect and process the information contained in Your page form on the ANABUL App;

3.4. If You are using a device that supports fingerprint and/or facial recognition, You may activate the authentication feature of such device to log in to the App;

3.5. When You enable the fingerprint and/or facial recognition features on Your mobile device for authentication purposes on the App, please note that We do not store biometric data;

3.6. The verification process of Account Registration will be carried out by us within a period of time in accordance with Our policy.

4. Fees and Payment

4.1. The download of our App is free of charge however, We reserve the right to charge fees for the use of certain features on the App at a later date in accordance with the terms described in this section;

4.2. Fees charged for certain features will be informed to Users prior to the use of such features, through a notice displayed on the App or through other communications; 

4.3. You have the right to choose to use or not use the features for which fees are charged. The use of a chargeable feature after the announcement of the charge will be deemed as your consent to the charge;

4.4. The fees charged for certain features may vary depending on the type of feature, level of use, or subscription plan selected by the Details of the fees will be clearly explained before you use or subscribe to the feature;

4.5. Use of chargeable features may require a payment method for which you are responsible for providing accurate and up-to-date payment information;

4.6. We reserve the right to change the fees charged for certain features with prior notice to Such fee changes will take effect upon notification and use of the feature after such changes will be deemed as your agreement to the new fees;

4.7. If you do not agree with the fees charged for certain features, you may choose not to use the feature or unsubscribe and continue to use other features that remain available without charge;

4.8. All service fees charged to Users will be determined in good faith and reasonably, and in accordance with applicable legal provisions;

5. Personal Information

5.1. We will implement measures with all efforts to help you secure your data from accidental or unlawful loss, access or disclosure;

5.2. We will endeavor with all efforts to protect your Personal Data in the course of data processing and guarantee the constitutional rights of your Personal Data subject as stipulated by the applicable laws in Indonesia, especially Law No. 27 of 2022 on the Protection of Personal Data;

5.3. You agree to us to store your data in the form of but not limited to (Phone Number, Full Name, Date of Birth, Password and Email). We will only access or use your data in the event that it is necessary to maintain or provide Products and Services, We will not disclose your data to the government or any third party or transfer your data except in certain situations, which to comply with orders from government agencies / Courts. We will notify you in connection with the disclosure of your data to the government / Court. We will only use your Account Information in accordance with the submission of data use Privacy as set out in this provision.

6. App Software

6.1. We only make available our App software through officially recognized and legitimate digital platforms or marketplaces such as Google Playstore and AppleStore or our official website;

6.2. We are not responsible for the download or use of the App obtained through unauthorized or unauthorized sources. Users are responsible for ensuring that they obtain our App through verified official platforms

6.3. We make no warranty as to the reliability, security or adequacy of the features of the App obtained through unofficial or unauthorized sources. We are also not responsible for any problems or damages that may occur as a result of downloading or using the App from unauthorized sources;

6.4. In order to ensure the quality and security of our App, we regularly update and refresh the App through the official platform which Users are encouraged to always download the latest version of our App through the relevant official platform;

6.5. If Users encounter any unauthorized, counterfeit or unauthorized copies of our App, we encourage them to report it to us so that appropriate action can be taken.

7. Your Account

7.1. Except to the extent of any breach caused by Us of the User Terms: (a) you are responsible for all activities that occur on your account, regardless of whether the activities are authorized by you or conducted by you, your employees, or third parties (including your contractors, agents, or End Users), and (b) we and our affiliates are not responsible for unauthorized access to your account;

7.2. You are responsible for configuring and using the Services properly and taking appropriate measures to secure, protect, and back up your account and data;

7.3. Your account log-in and password access created by the Service is for your internal use only and you will not sell, transfer or sublicense it to any other entity or party, except that you may disclose your personal account access to agents and subcontractors performing work on your behalf;

7.4. Our App may provide features that allow Users to associate or connect their accounts on the App with their accounts on certain third-party platforms or services ("Account Linking");

7.5. The use of the Account Linking feature is entirely the responsibility of the User. Users are expected to comply with the applicable terms and policies of the third-party platforms or services that they connect their accounts with on our App;

7.6. When Users perform Account Linking, they give us permission to access information and data related to their account on third-party platforms or services Users understand that the use of information accessed through Account Linking will be subject to our Privacy Policy;

7.7. We are not responsible for the actions, policies, or practices of third-party platforms or services linked through Linking We make no warranties as to the accuracy, security, or availability of data or information originating from third-party platforms or services;

7.8. Users may disconnect their Account Linking at any time through the settings or options provided in our App. Users understand that termination of Account Linking may affect certain access or features in our App related to such third party accounts;

7.9. We reserve the right to restrict, block, or delete Account Linking if we have a valid reason, including violation of these terms, violation of third party rights, or actions that violate applicable laws;

7.10. Users have the right to choose to deactivate or delete their account in our App ("Account Deactivation") at any time;

7.11. To perform Account Deactivation, Users may follow the procedures set forth in our App or contact our support team for assistance;

7.12. Users understand that performing Account Deactivation will result in the deletion of data and information related to their account in our App. After Account Deactivation is performed, Users will not be able to access features or services that require the account;

7.13. Users are responsible for ensuring that they have taken the necessary steps to store or back up the data or information they wish to retain before performing Account Deactivation;

7.14. We reserve the right to restrict, block, or Deactivate User Accounts in the event of a breach of these terms, violation of applicable laws, or if necessary to protect the security of our App or third parties;

7.15. Once the Account Deactivation is performed, Users may choose to create a new account if they wish to use the App again. However, they will have to start from scratch and cannot recover data or information related to the previous account.

8. Your Statement

8.1. In using our Application, you represent and warrant that all information you provide is accurate, complete and current;

8.2. You represent and warrant that you will use our App in accordance with applicable laws and follow the provisions stated in our App Terms of Use;

8.3. You represent and warrant that you will not use our App for purposes that violate the law, harm other parties, or violate intellectual property rights;

8.4. You represent and warrant that you will not take any action that may damage, disrupt or affect the performance or security of our App, including but not limited to the use of destructive software, programs or scripts or attempt to access unauthorized data;

8.5. You represent and warrant that you will not take any action that may cause annoyance or inconvenience to other Users or damage the reputation of our App;

8.6. You represent and warrant that you will maintain the confidentiality of your account information, including passwords, and will not provide access to your account to third parties without proper authorization;

8.7. You represent and warrant that You will not take any action that may compromise the integrity of our App systems or infrastructure, including but not limited to attempts to gain unauthorized access or alter the system;

8.8. You represent and warrant that you will be solely responsible for your use of the App and agree to release and hold us harmless from any claims, demands or losses arising from or related to your use of the App.

9. Your Responsibilities

9.1. You are solely responsible for your use of our App and any consequences arising from such use;

9.2. You agree to use our App reasonably and in accordance with the terms stated in these App Terms of Use;

9.3. You are responsible for maintaining the confidentiality of your account information, including passwords, and will not provide access to your account to third parties without valid authorization. You will be responsible for all activities that occur within your account;

9.4. You agree not to take any action that violates the law, harms other parties, or violates intellectual property rights in the use of our App;

9.5. You are responsible for complying with all applicable legal provisions in the jurisdiction where you use our App;

9.6. You agree not to interfere with the performance or security of our App, including but not limited to the use of destructive software, programs or scripts or attempt to access unauthorized data;

9.7. You agree not to take any action that may cause annoyance or inconvenience to other Users or damage the reputation of our App;

9.8. You agree to hold us harmless from any claims, demands or losses arising from or related to your use of the App, including claims arising from your breach of the provisions of our App Terms of Use.

10. Intellectual Property

10.1. We represent and warrant that we have complied with the requirements and applicable Intellectual Property Rights in connection with the Provision of this Service to you, in the event that in the future there are other Parties who claim to have rights to our services then we will release ANABUL users in connection with such Claims;

10.2. We represent and warrant that we have complied with the requirements and Intellectual Property Rights applicable in Indonesia, in connection with the Provision of this Service to you, in the event that in the future there are other Parties who claim to have rights to our services then we will release the user in connection with the Claim;

10.3. You agree that you will not attempt to:

10.3.1. Reverse engineer, disassemble or decompile the Service or Content;

10.3.2. Access or use our Services or Content in a manner intended to avoid fees charged or exceed usage limits or quotas;

10.3.3 Resell our Services;

10.3.4. You will not misrepresent or exaggerate our relationship with you (including by stating or implying that we endorse, sponsor, officially support or contribute to you or your business endeavors);

10.3.5. Remove any copyright, trademark or other intellectual property rights notices contained in our App;

10.3.6. Copy, modify, adapt, translate, create derivative works from, distribute, publish or publicly display any content contained in our App without the express written permission of the copyright owner or authorized licensee;

10.3.7. License, sublicense, sell, resell, transfer, assign, distribute or commercially exploit our Appor the content contained in our App without our written permission;

10.3.8. Launch automated programs or scripts, including but not limited to bots, spiders, scrapers, or other similar App, to access or collect data from our App without our express written permission;

10.3.9. Use search or retrieval site App, manual or automated devices, or other methods to gain unauthorized access to our App, content contained in our App, or other user information;

10.3.10. Publish, distribute, or reproduce in any way the materials contained in our App without our written permission;

10.3.11. Use and/or unauthorized access the App to damage, weaken, or disrupt the performance or security of our App, including but not limited to attempting to gain unauthorized access, inserting viruses or malicious code, or performing actions that may damage or disrupt the technical infrastructure of our App.

11. Problem Resolution

11.1. We value the security of your Account and we have implemented appropriate security measures to protect your personal and Account information. However, if you experience a system outage, know or suspect that your Account has been hacked, used by another party without authorization, or an event occurs that may compromise the security of your Account, you are expected to notify us immediately;

11.2. To report system interruptions, unauthorized use, or misuse of your Account, you can contact our support team through the communication channels we have We will take appropriate action to protect your Account and investigate the incident;

11.3. You are also expected to take reasonable precautions to keep your Account secure, such as using strong passwords, not providing your account information to other parties, and avoiding accessing our App through unsecured networks or devices;

11.4. We are not liable for any loss or damage arising from system interruptions, unauthorized use or misuse of your Account by others, unless caused by our negligence in maintaining the security of our App.

12. Temporary Suspension and Permanent Suspension of ANABUL Accounts

12.1. We may suspend your or your Representative's right to access or use some or all of the Services we offer immediately upon notice to you if we determine any of the following:

12.1.1. Your or Your Representative's use of the Services (i) poses a security risk to our Services, (ii) may adversely affect our systems, our Services, or the systems or Content of other ANABUL users, (iii) may impose liability on us, our affiliates, or third parties, or (iv) may be deceptive in nature (v) violates the rule of Law;

12.1.2. You or your Representative breaches this provision;

12.1.3. You have no Log-In activity for more than 6 months;

12.2. As a result of our Temporary Suspension, you will be suspended from accessing or using some or all of our Services.

13. Actions We Deem Necessary

13.1. If we know or have reasonable grounds to believe that you are in breach of any provision of our App Terms of Use, we reserve the right to take such action as we deem necessary in response to such breach;

13.2. The actions deemed necessary may include, but are not limited to:

13.2.1. Provision of a written warning to you of the breach and a request to cease such breach;

13.2.2. Restriction or removal of your access to some or all features of our App;

13.2.3. Suspension or temporary termination of your Account to prevent infringing use;

13.2.4. Removal of content that infringes or violates intellectual property rights or other rights;

13.2.5. Reporting violations to the competent authorities to follow up on such violations.

13.3. We reserve the right to determine actions deemed necessary based on the nature and extent of the violation, without excluding legal action that may be taken by us in accordance with applicable law;

13.4. Actions taken by us in response to a breach will not relieve you of any liability or legal consequences arising from such breach.

14. Limitation of Our Liability

14.1. We provide our App "as is" and do not make any representations or warranties, whether express or implied, as to the accuracy, reliability, availability or fitness of our App for any particular purpose;

14.2. We shall not be liable for any losses, damages or other consequences arising from the use or inability to use our App, including but not limited to direct, indirect, special or consequential losses;

14.3. We make no warranty that our App will run uninterrupted or error-free, or that our App will always be available, secure, or free of viruses or other harmful components;

14.4. You are solely responsible for the use of our App and assume all risks associated with such use. You agree to use our App with full discretion and at your own risk;

14.5. We are not responsible for the actions, conduct or content of third parties associated with the use of our App. We have no control over such third parties and are not responsible for their acts or omissions;

14.6. To the extent permitted by applicable law, our liability is limited to the extent permitted by applicable law, and if any provision of these Terms of Use of the App is held to be invalid or unenforceable, then such provision shall be excluded from these Terms of Use without affecting the validity or enforceability of the remaining provisions.

15. Force Majeure

15.1. In the event of force majeure or events beyond our control, including but not limited to natural disasters, severe technical disruptions, cyber-attacks or governmental actions that disrupt the operation of our App, we shall not be liable for any delay, interruption or unavailability of our App;

15.2. In such situations, we reserve the right to temporarily stop or suspend the operation of our App without prior notice and without resulting in liability to you or any other party;

15.3. We will use our best efforts to overcome the force majeure situation and restore the operation of our App as soon as possible. However, we cannot guarantee the recovery time or that our App will operate without interruption after a force majeure situation occurs;

15.4. In a force majeure situation, you agree to hold us harmless from any claims, losses or demands arising from the delay, interruption or unavailability of our App in such situation.

16. Governing Law

16.1. These Terms of Use of the App shall be governed and construed under the laws of the Republic of Indonesia;

16.2. Any dispute, conflict, or claim arising out of or relating to these Terms of Use shall be resolved amicably and under the laws of the Republic of Indonesia;

16.3. In the event of a dispute that cannot be resolved amicably, both parties agree to submit to the jurisdiction of the Bekasi District court;

16.4. These Terms of Use are governed by the laws of the Republic of Indonesia.

17. Miscellaneous and Other Matters to be noted

17.1. You understand and agree that these Terms of Use constitute a legal and binding agreement between you and us in electronic form; 

17.2. By using our App, you represent that you have read, understood and agreed to all the provisions in these Terms of Use;

17.3. You also agree that any communications, notices or other information provided by us to you in connection with this App may be delivered electronically, including by email, notices on the App, or through other electronic media; 

17.4 You may retain an electronic copy of these Terms of Use for your personal reference.

18. How to Contact Us

You may contact us by electronic mail to info@anabul.co.id