MEKARI PLATFORM TERMS OF USE
Last modified on: 2 October 2024
PLEASE READ THESE MEKARI PLATFORM TERMS OF USE CAREFULLY.
These Terms of Use constitute an agreement between you (“Customer”) and Mekari, governing your access to and use of the application, website, content, products, and services provided by us and/or our Affiliates (hereinafter referred to as the “Platform“). These Terms of Use consist of and should be read together with the following documents as a single agreement:
- These Mekari Platform Terms of Use;
- Specific Product Terms of Use;
- Product Usage Agreement / Subscription Form (hereinafter referred to as “Agreement”); and
- Privacy Notice.
By accessing the Platform, creating a Mekari Account (as defined below), or using the Products (as defined below), you agree to be bound by these Terms of Use.
Mekari may amend or update these Terms of Use, in part or in full, from time to time. We encourage you to review the Platform periodically. By continuing to access the Platform or use the Products, you are deemed to have accepted the Terms of Use and any amendments related thereto.
If you do not wish to be bound by these Terms of Use, you may discontinue accessing the Platform and/or cease using the Products.
1. Definitions
“Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with a party to these Terms of Use.
“You” means the Customer entering into a legal relationship with Mekari.
“End User Account” means an account hosted by Mekari, created by a Mekari Account Owner for End Users to use the Products.
“Personal Data” means any information related to an identified or identifiable individual as personal data in accordance with applicable Personal Data Protection Laws.
“Confidential Information” means all confidential information disclosed by one party and its Affiliates (“Disclosing Party“) to the other party (“Receiving Party“), whether orally or in writing, that is designated as confidential or would be reasonably understood to be confidential. Confidential Information includes all information regarding: the Disclosing Party’s past, current, or proposed customers, products, marketing plans, technical and other designs, technical data, business plans, business opportunities, financials, research, development, and the terms and conditions of these Terms of Use. Confidential Information excludes information that (i) is or becomes publicly known without breach of any obligation to the Disclosing Party, (ii) is known by the Receiving Party prior to disclosure without breach of any obligation to the Disclosing Party, (iii) is received from a third party without breach of any obligation to the Disclosing Party, or (iv) is independently developed by the Receiving Party. Subject to these exclusions, customer data will be considered Confidential Information under these Terms of Use, regardless of whether it is designated as confidential or not.
“Privacy Policy” means the Mekari Privacy Notice available at https://mekari.com/en/privacy/, as updated by us from time to time.
“Specific Product Terms of Use” refers to additional terms governing each Product that is used by the Customer, available at https://mekari.com/en/terms-of-service/.
“Mekari” or “We” means PT Mid Solusi Nusantara.
“Third Party Partner” means third parties that collaborate with us to provide services to you.
“Mekari Account Owner” refers to the Customer who registers and creates an account on the Platform and is responsible for providing the necessary information to create the Mekari Account, securing their password, and overseeing the use of their Mekari Account.
“End User” means an individual authorized by the Mekari Account Owner to access the Platform and/or use the Products, managed by the Super Admin.
“Agreement” refers to the product usage agreement or subscription form signed and agreed upon by you and Mekari for the use of the Products.
“Products” refers to the various products developed, owned, and/or provided by Mekari and/or its Affiliates, made available through the Platform for your use.
“Super Admin” or “Admin” means your employees, representatives, consultants, contractors, or agents authorized to access your Mekari Account and/or operate/manage the Products.
2. Account Registration and Use
- To access the Platform and/or use the Products, you must register and create an account (“Mekari Account”).
- We reserve the sole discretion to reject your registration, suspend, or terminate any existing Mekari Account, including but not limited to any indication or We have sufficient reasons to suspect any cases where fraud, violations of these Terms of Use, violations of applicable laws, or other suspicious or abnormal activities are suspected or occur. In addition, failure to fulfill your obligations to us may also lead to account suspension or termination.
- The Mekari Account Owner has the authority to assign Super Admins, Admins, and users to access and use the Platform and/or Products (as relevant). The Mekari Account Owner remains responsible for their Mekari Account, including all actions taken on the Mekari Account, whether by the owner or by Super Admins, Admins, or users of the Products.
- You warrant and ensure that:
- You are legally authorized to undertake legal actions, including creating a Mekari Account and engaging in activities through your Mekari Account;
- You have the legal capacity to be bound by these Terms of Use, being either at least 18 years old or married, and not under guardianship. If you are under 18 or unmarried and under guardianship, you must have parental or guardian consent to open an account, and such consent shall imply agreement to the Platform and/or Product terms;
- You will use your Mekari Account solely by yourself and will not transfer it to any other person, except with the consent of Mekari;
- You will use the Platform and/or Products only for lawful business activities, in accordance with the permitted purpose, and in compliance with all applicable laws and regulations;
- You will reasonably maintain the confidentiality of your password. We are not responsible for losses or damages resulting from your failure to secure your Mekari Account and password. We may require additional security measures and reserve the right to adjust these requirements at our discretion; and
- You will not reproduce, duplicate, copy, modify, sell, resell, or exploit any portion of the Platform and/or Products.
- All losses and risks arising from your failure to maintain the security and confidentiality of your Mekari Account shall be solely borne by you. In such cases, we will deem any actions taken on your Mekari Account as legitimate requests from You.
- You understand and agree that Mekari is not responsible for managing or administering the internal use of the Products by any Customer or End User.
3. Content and Information
- Mekari products allow you to upload, store, send, and receive content.
- When you upload, store, send, or receive content to or through the Platform and/or Products, you grant Mekari (and Third-Party Partners) a license to use, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations, or other modifications we make so that your content works better with our services), communicate, publish, and distribute such content. The rights you grant under this license are for the limited purpose of operating, promoting, and improving our Platform and/or Products, as well as developing new services. This license continues even if you stop using our Platform and/or Products. You must ensure that you have the necessary rights to grant us this license for any content you submit to our services.
- We or third parties working with us may provide content (“Third-Party Content“) that you may encounter on the Platform and/or Products. In cases where Third-Party Content is provided by others working with us (“Third-Party Content Providers“), we are not responsible for any part of the Third-Party Content. Your access to or use of such Third-Party Content constitutes your agreement to be subject to the terms and conditions set by us or the Third-Party Content Providers, including our Privacy Notice or the privacy policy of the Third-Party Content Providers.
- The collection, storage, processing, use, and sharing of your Personal Data, such as identity data, contact data, and location data that you provide, are subject to the Privacy Notice, which forms an integral part of these Terms of Use.
4. Your Obligations
- Compliance. Customers must (a) ensure that they and their End Users access the Platform and/or use the Products in accordance with these Terms of Use, (b) make their best efforts to prevent and stop any unauthorized use or access to the Platform and/or Products, and (c) promptly notify Mekari if they become aware of any unauthorized use or access to the Platform and/or Products, their Mekari Account, or their password. Mekari reserves the right to investigate any potential violations occurring on the Platform and/or Products.
- Consent. Customers are responsible for ensuring that all necessary consents and notifications have been obtained to allow (a) the use and receipt of the Products, including consents from Super Admins and End Users, and (b) the access, storage, and processing of any data they own or that is uploaded by Super Admins and End Users.
- Additional Products and Third-Party Offers. Additional products and third-party offers may be available for use with the Products. The use of additional products is subject to the terms of additional products that may be integrated from time to time. The use of third-party offers is subject to separate terms and policies with the relevant service provider.
5. Your Representations and Responsibilities
- You understand and agree that all risks arising from the use of the Platform, Products, and/or Third-Party products by You, the Super Admin, and End Users are entirely your responsibility, and You hereby agree to release us from any claims in connection with damages, disruptions, or other forms of system interference caused by unauthorized access by other parties.
- You expressly release us, including but not limited to our shareholders, officers, directors, commissioners, and employees, from any liability, consequences, losses (both material and immaterial), claims, costs (including attorney fees), or other legal responsibilities that arise or may arise due to your violation of these Terms of Use. In the event of direct losses resulting from our violation of these Terms of Use, you agree that the maximum compensation we may provide is limited to the amount of usage fees paid in the last 12 (twelve) months.
- Mekari is not responsible for any losses or claims arising from the use of your Mekari Account, whether by You or any other party using your Mekari Account.
6. Mekari’s Rights and Responsibilities
- If (i) we suspect that you are violating the law or acting unlawfully, or (ii) we receive reports of unauthorized use, suspected fraud, or orders from relevant institutions, or (iii) there are payment delays, or (iv) there are suspicions or occurrences of activities that threaten the Platform, Products, and/or your Mekari Account, we reserve the right to suspend your Mekari Account (either permanently or temporarily), terminate access to the Platform and/or Products, or take any other legal actions we deem necessary. We may also report violations to authorities if necessary.
- We provide the Platform and/or Products as is and do not guarantee the reliability, timeliness, quality, suitability, availability, accuracy, completeness, or security of the Platform and/or Products to meet your needs and expectations. We are not responsible for any losses caused by failures or errors of Third-Party Partners.
- The Platform and/or Products may experience limitations, delays, and other problems inherent in the use of the internet (e.g., disconnection from the internet, being out of range, shutdowns, or malfunctions). We are not responsible for delays, delivery failures, damages, or losses caused by such issues.
- We are not obligated to monitor your access or use of your Mekari Account.
- We are not required to take any actions deemed necessary by you regarding any issues arising between you and Third-Party Partners. However, We will make our best efforts to facilitate any issues arising between You and Third-Party Partners.
7. Intellectual Property
- The Platform and/or Products are protected by intellectual property rights owned by us or our licensors. We grant you a limited license to download, access, and use the Platform and/or Products only on your personal devices and for purposes related to service usage.
- You are not permitted to copy, modify, distribute, create derivative works from, or exploit the Platform and/or Products without our written permission.
8. Force Majeure
The Platform and/or Products may be disrupted by events beyond our control, such as natural disasters or telecommunications disruptions (“Force Majeure“). You release us from liability if we are unable to provide services due to Force Majeure.
9. Governing Law and Dispute Resolution
- These Terms of Use are governed by the laws of the Republic of Indonesia.
- Any and all disputes, controversies, or conflicts arising from or in connection with these Terms of Use, including disputes regarding the existence, conclusion, enforceability, breach, amendment, expiry and termination (collectively referred to as “Disputes“), shall first be resolved through amicable discussions between the parties within 30 (thirty) calendar days after one party informs the other that a Dispute has arisen.
- If the Dispute is not resolved within 30 (thirty) calendar days of such amicable discussions, the parties agree that any Dispute concerning the Products will be resolved through either general courts or arbitration bodies as governed by the respective Specific Product Terms of Use.
10. Miscellaneous
- These Terms of Use constitute a valid and legally binding electronic agreement upon you clicking ‘register’ or ‘log in’ on the Platform and/or Products. You may not transfer your rights without our written consent. We may transfer our rights to others without prior notice.
- If you violate these terms and we do not take immediate action, it does not mean we waive our right to take action later. These terms remain valid even if your Mekari Account is suspended or this agreement terminates.
- If any provision of these Terms of Use is unenforceable, the remaining provisions will remain in effect.
- You may contact us via WhatApp of Mekari Customer Care: wa.me/6285174314286. All your correspondence will be recorded and stored for our records.