Terms of Service

AGREEMENT BETWEEN USER AND PT IMMENZO JAYA INTERNATIONAL

Last Updated: October 5, 2024

This Terms of Use Agreement ("Agreement") is entered into between you ("User," "you," or "your") and PT Immenzo Jaya International, a limited liability company duly established under the laws of the Republic of Indonesia, operating as Condensa ("Company," "we," "us," or "our"), with its principal place of business in Jakarta, Indonesia.

By accessing, browsing, or using the website located at [www.condensa.net] (the "Website") or any services provided through the Website (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by this Agreement and all applicable laws and regulations of the Republic of Indonesia.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE WEBSITE OR SERVICES.

1. PARTIES TO THIS AGREEMENT

1.1 The Company:
PT Immenzo Jaya International (operating as Condensa)
Jakarta, Indonesia
Email: support@condensa.net

1.2 The User:
Any individual or legal entity that accesses or uses the Website or Services.

2. ACCEPTANCE AND FORMATION OF AGREEMENT

2.1 This Agreement becomes effective and legally binding upon your first access to or use of the Website or Services.

2.2 By using the Website, you represent and warrant that:

You have the legal capacity to enter into this Agreement;
You are at least 18 years of age or have reached the age of majority in your jurisdiction;
If representing a legal entity, you have the authority to bind that entity to this Agreement.

2.3 Your continued use of the Website constitutes ongoing acceptance of this Agreement and any modifications made pursuant to Section 4 below.

3. SCOPE OF USE AND LICENSE

3.1 Subject to your compliance with this Agreement, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and Services for lawful purposes only.

3.2 All content, information, materials, and features on the Website are provided "AS IS" for general informational purposes.

3.3 No part of the Website may be reproduced, distributed, transmitted, displayed, published, or used for commercial purposes without the prior written consent of the Company, except for personal, non-commercial use.

4. MODIFICATIONS TO THIS AGREEMENT

4.1 The Company reserves the right to modify, amend, or update this Agreement at any time at its sole discretion.

4.2 Notice of material changes will be provided by posting the updated Agreement on the Website with a revised "Last Updated" date.

4.3 Your continued use of the Website after any modifications constitutes acceptance of the revised Agreement.

4.4 You are responsible for reviewing this Agreement periodically to remain informed of any changes.

5. PROHIBITED ACTIVITIES

5.1 You agree not to engage in any of the following prohibited activities:

a) Installing, uploading, transmitting, or distributing any malware, spyware, viruses, worms, Trojan horses, ransomware, or other malicious or harmful code or programs;

b) Attempting to gain unauthorized access to the Website, its servers, networks, or any connected systems or databases;

c) Interfering with, disrupting, or degrading the performance of the Website or Services;

d) Using automated systems (including robots, scrapers, or spiders) to access the Website without prior written permission;

e) Violating any applicable laws, including but not limited to Law No. 11 of 2008 concerning Electronic Information and Transactions (as amended);

f) Infringing upon intellectual property rights of the Company or third parties;

g) Engaging in fraudulent, deceptive, or misleading conduct;

h) Transmitting unsolicited commercial communications or spam.

5.2 Violation of these prohibitions may result in immediate termination of access, legal action, and reporting to relevant authorities.

6. INTELLECTUAL PROPERTY RIGHTS

6.1 All intellectual property rights in and to the Website, including but not limited to trademarks, service marks, logos, trade names, content, software, designs, graphics, and text, are owned by or licensed to PT Immenzo Jaya International.

6.2 Nothing in this Agreement grants you any rights to use the Company's intellectual property except as expressly permitted herein.

6.3 Unauthorized use of the Company's intellectual property is strictly prohibited and may result in civil and criminal liability.

7. LIMITATION OF LIABILITY

7.1 TO THE MAXIMUM EXTENT PERMITTED BY INDONESIAN LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO:

a) Your use of or inability to use the Website or Services;

b) Any errors, inaccuracies, or omissions in the content;

c) Unauthorized access to or alteration of your transmissions or data;

d) Any other matter relating to the Website or Services.

7.2 This limitation applies regardless of the legal theory upon which the claim is based.

8. WARRANTY DISCLAIMER

8.1 THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

8.2 THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

a) Implied warranties of merchantability;

b) Fitness for a particular purpose;

c) Non-infringement;

d) Accuracy, reliability, or completeness of content;

e) Uninterrupted or error-free operation.

9. INDEMNIFICATION

9.1 You agree to indemnify, defend, and hold harmless PT Immenzo Jaya International, its affiliates, directors, officers, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or related to:

a) Your violation of this Agreement;

b) Your misuse of the Website or Services;

c) Your violation of any rights of third parties;

d) Your violation of applicable laws or regulations.

10. USER-GENERATED CONTENT

10.1 If the Website permits you to upload, submit, or transmit content ("User Content"), you represent and warrant that:

a) You own or have the necessary rights to such User Content;

b) Your User Content does not violate any laws or third-party rights;

c) Your User Content does not contain harmful, defamatory, or illegal material.

10.2 You grant the Company a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and display User Content solely for the purpose of providing and improving the Services.

11. ELIGIBILITY

11.1 The Website and Services are intended for users who are:

a) At least 18 years of age or the age of majority in their jurisdiction; and

b) Not prohibited from using the Website under Indonesian law or the laws of their jurisdiction.

11.2 By using the Website, you represent and warrant that you meet these eligibility requirements.

12. FORCE MAJEURE

12.1 The Company shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to:

a) Acts of God, natural disasters, pandemics, or epidemics;

b) War, terrorism, civil unrest, or government action;

c) Strikes, labor disputes, or telecommunications failures;

d) Cyberattacks or infrastructure failures.

13. SEVERABILITY

13.1 If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed, and the remaining provisions shall remain in full force and effect.

14. ENTIRE AGREEMENT

14.1 This Agreement, together with any referenced policies (including the Privacy Policy and Cookie Policy), constitutes the entire agreement between you and the Company regarding the use of the Website and Services.

14.2 This Agreement supersedes all prior or contemporaneous communications, agreements, or understandings, whether oral or written.

15. GOVERNING LAW

15.1 This Agreement shall be governed by and construed in accordance with the laws of the Republic of Indonesia, without regard to conflict of law principles.

16. DISPUTE RESOLUTION

16.1 Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof, shall first be resolved through good faith negotiations between the parties.

16.2 If the dispute cannot be resolved within thirty (30) days of written notice, it shall be referred to and finally resolved by arbitration administered by the Indonesian National Board of Arbitration (Badan Arbitrase Nasional Indonesia - BANI) in Jakarta, Indonesia, in accordance with BANI's arbitration rules.

16.3 The arbitration shall be conducted in the Indonesian language, and the arbitral award shall be final and binding on both parties.

17. CONTACT INFORMATION

17.1 For any questions, notices, or communications regarding this Agreement, please contact:

PT Immenzo Jaya International
Operating as: Condensa
Address: Jakarta, Indonesia
Email: support@condensa.co.id

18. ACKNOWLEDGMENT

BY USING THE WEBSITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. THIS AGREEMENT CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN YOU AND PT IMMENZO JAYA INTERNATIONAL.