2. Use of SIRCLO Website
Access to and Use of Content. To use the SIRCLO Website you will need a Device that meets the system and compatibility requirements for the relevant Content, working Internet access and compatible software.
Age restrictions. In order to use the Content available on the SIRCLO Website, you must have a valid account (“Account”), which is subject to the following age restrictions. If you are considered a minor in your country, you must have your parent or guardian’s permission to use the Content provided on the SIRCLO Website and to accept these Terms. You must comply with any additional age restrictions that may apply to the use of Content or specific features on the SIRCLO Website. Guardians and family members must meet these additional requirements as well.
Third Party Fees. You will be responsible for any data access or fees incurred by third parties (such as your Internet provider or mobile operator) in connection with your use and display of the Content and SIRCLO Website.
Updates. The SIRCLO Website, related libraries or the Content may need updating, for example, for bug fixes, functionality improvement, missing plug-ins and updates for new versions (collectively, “Updates”). Such updates may be required in order for you to use the SIRCLO Website or to access, download or use the Content. By agreeing to these Terms and by using the SIRCLO Website, you agree to receive these Updates automatically.
Unauthorized Access to Accounts. You must keep your account details secure and must not share them with others. You may not collect or harvest any personal data from users of the SIRCLO Website or other users of the SIRCLO Website through the SIRCLO Website, including account names.
Changes to these Terms. If the changes to these Terms are applied, you will be given at least 30 days notice, and the new Terms will take effect after the notification period. If you continue to use the SIRCLO Store after this notification period, it indicates that you accept the new Terms. The new terms will apply to your use of all Content (including Content that you have posted or purchased in the past) and any subsequent installations or purchases. If you do not agree with these changes, you will be given the opportunity to download the Content that you previously purchased or installed and stop using the SIRCLO Website. You can continue to view a copy of the Content on your Device according to the latest version of the Terms that you accepted.
3. Purchasing & Payment
Cost of Content. The SIRCLO Website allows you to view or use Content for free on the SIRCLO Store. Additional restrictions may apply to your access to and use of certain free Content.
Purchase of Content. When you purchase Content or use the SIRCLO Website, you will get into a separate sales contract based on these Terms (as applicable) with the seller either from:
PT. Lingkar Niaga Solusindo; or
PT. Koneksi Niaga Solusindo
A separate sales contract is an addition to these Terms.
Your contract for the purchase and use of the Content will be completed after you receive an email from SIRCLO confirming the purchase of the Content, and the contract will take effect as soon as the purchase is complete.
Other Payment Processing Methods. SIRCLO may provide various payment processing methods in addition to SIRCLO Website Payment to facilitate the purchase of Content through the SIRCLO Website. You must comply with the relevant terms and conditions or other legal agreements, either with SIRCLO or a third party, governing your use of a given payment processing method. SIRCLO may add or remove payment processing methods at its sole discretion. You are fully responsible for all amounts to be paid in connection with purchases you make on the SIRCLO Website.
Prices and the availability of all content shown on the SIRCLO Website may change at any time prior to purchase.
Taxes. “Taxes” refer to any import duties, customs fees, levies or taxes (other than income tax) associated with the sale of Content, including any related penalties or interest. You are responsible for Taxes and must pay for Content without tax deduction. If SIRCLO is required to collect or pay Taxes, Taxes will be charged to you. You must comply with all applicable tax laws and regulations in the Republic of Indonesia, including the reporting and payment of any Taxes arising in connection with your use of the SIRCLO Website or the purchase of Content on or through the SIRCLO Website. Applicable tax reporting and payment is your responsibility.
Subscription. Subscription means that you will automatically be charged a certain fee for each billing period (whether weekly, monthly, yearly, or any other period), and you may be charged no more than 24 hours before the start of each billing period.
Trial Period. When you subscribe to the Content for a certain price, you can receive access to subscription benefits free of charge for a certain trial period, after which you will be charged until you cancel your subscription. To avoid being billed, you must cancel before the end of the trial period. Upon canceling your trial, you will immediately lose access to the relevant application and any subscription rights unless otherwise specified. Access to the trial period may be limited to a number of trials per user during a specified period, or other restrictions.
Cancellation. You can cancel the subscription at any time before the end of the applicable billing period, and the cancellation will apply to the next period. For example, if you purchased a monthly subscription, you can cancel that subscription at any time during any month of subscription, and the subscription will be canceled the following month. You will not receive a refund for the current billing period.
Price Changes. When you purchase a subscription, you will be charged the rate in effect at the time of your agreement to subscribe. If the subscription price increases, SIRCLO will notify you. The increase will apply to your next payment due date after you are being notified, provided that you have been given prior notice at least 30 calendar days before the payment is billed. If you are given less than 30 calendar days of prior notice, the price increase will not take effect until payment after the next payment is due. If you do not wish to pay a price increase for a subscription, you can cancel the subscription as described in the Cancellation section of these Terms, and you will not be charged any further fees for the subscription, provided that you have notified us before the end of the current billing period. When SIRCLO increases the subscription price and approval is required, SIRCLO can cancel your subscription unless you agree to the new price. If your subscription is canceled and you later decide to resubscribe, you will be charged the current subscription rate.
4. Rights and limitations
The information from this Website is only required for your personal use to (i) view, (ii) store, and (iii) print, or (iv) send it by email. You are granted a limited, revocable and non-exclusive right to create a hyperlink to the SIRCLO homepage as long as the link does not represent SIRCLO, its partners, or their products or services in error, misleading, degrading, or other offensive issues. You may not use the SIRCLO logo or other proprietary graphics or trademarks as part of the link without a legitimized written permission. You agree not to reproduce, modify, distribute, decompile, disassemble, or reverse engineer any part of this Website. You further agree that you will not use this Website to do any of the following (“Activities”):
- Attempting to gain unauthorized access to this Website, other accounts, computer systems or networks connected to this Website, by extracting passwords or by any other means;
- Impersonating any person or entity, including, but not limited to, a representative or employee of the Company, or falsely state or misrepresent your affiliation with a person or entity;
- Intentionally or unintentionally violating applicable regional, national and/or international laws and/or regulations.
Violation of License Terms. If you violate any of the Terms, your rights under this license will terminate immediately, and SIRCLO may terminate your access to the SIRCLO website, your SIRCLO Website Content or Account without a refund to you.
Limitation: You cannot:
- Display (in part or in full) Content as part of any public performance or display even if no fee is charged except (i) where such use does not constitute an infringement of copyright or other applicable rights or (ii) as specifically permitted and only in the manner provided.
- Sell, rent, redistribute, broadcast, transmit, communicate, modify, sub-license, transfer, divert any Content to any third party including those related to any download of Content that you can obtain through the SIRCLO Website unless specifically permitted and only provided in the right manner.
- Use the SIRCLO Website or any Content together with stream-ripping, stream capture or similar software to record or make copies of any Content presented to you in a streaming format.
- Use Content as part of any service for sharing, loan or multi-person use, or for the purposes of other agencies, except as specifically permitted and only provided in appropriate manners.
- Trying to, or assisting, authorizing or encouraging others to avoid, disable or defeat any security feature or component that protects, obscures or restricts access to the SIRCLO Content or Websites.
- Remove watermarks, labels, or other legal or proprietary notices included in any Content or attempts to modify any Content obtained through the SIRCLO Website, including any modification for the purpose of disguising or changing the indication of ownership or source of Content.
Content Removal or Unavailability. Subject to the Terms, the Content that you purchase or install will be available to you via the SIRCLO Website for the period you choose, in the case of purchases for the rental period, and in other cases as long as SIRCLO has the right to make such Content available to you. In certain cases (for example if SIRCLO loses relevant rights, service or Content is terminated, there is a critical security problem, or there is a violation of the provisions or applicable law), SIRCLO may remove Content from your Device or stop giving you access to certain Content that you have purchased. For Content sold by SIRCLO, you can be notified of such deletion or termination, if possible.
5. Validity of Website Content
We will take all reasonable steps to ensure that the information on this Website is correct. However, we do not guarantee the correctness or completeness of the material on this Website. We may make changes to the material on this Website at any time and without notice.
6. External Links
This website may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (“External Links”). SIRCLO has no control over these sites and resources, you acknowledge and agree that we will not be responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for the content, advertisements, any products or other materials on or available from these sites or resources. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or suspected to be caused by or in connection with the use or reliance on the content, goods or services available on or through the site or such a resource.
SIRCLO makes no representations or warranties of any kind, expressed or implied, with respect to the operation of this site or the information, content, materials or products included in this site. You firmly agree that your use of this site is at your own risk. SIRCLO does not warrant that this website and/or its services will not be interrupted, timely, secure or error-free.
7. Declaration and Warranty
You hereby declare and warrant the following:
Authority and Applicability. You have obtained corporate approval and the authority to carry out and perform your obligations under these Terms and Conditions.
Permission. You have obtained similar permits, licenses and authority to carry out business activities as currently carried out or will be carried out and similar permits, licenses or authorities are valid and binding and in full effect and give effect and will last during the execution of this regulated transaction.
Compliance with Regulations. You have complied with and have not violated any legal provisions that are relevant to the business activities, operations, assets or property that are subject to them. There is no event or situation that (with or without the passage of time or with notification) could result in a violation or conflict, or your failure to comply with the laws and regulations.
Anti-Bribery, Anti-Corruption, Anti Money Laundering and the Prevention of Terrorism Financing. You declare and warrant that: you know and understand all anti-bribery and anti-corruption laws and regulations that apply from time to time to every business transaction and activity carried out in connection with these Terms and Conditions, and will not take any action that violates or it may violate anti-bribery and anti-corruption laws and regulations.
You know and understand all laws and regulations and implementing regulations issued by (but not limited to) the Government of the Republic of Indonesia, Bank Indonesia, the Financial Services Authority (Otoritas Jasa Keuangan) and other Supervisory Bodies regarding anti-money laundering and the prevention of terrorism financing. The purpose of using this SIRCLO Service and any business transactions and activities carried out in connection with these Terms and Conditions do not violate laws and regulations and the following implementing regulations regarding anti-bribery, anti-corruption, anti-money laundering and prevention of terrorism financing. You fulfill, and must ensure that each of the leaders, owners, shareholders, officers, directors, and/or employees comply with all laws and regulations as well as the following implementing regulations regarding anti-bribery, anti-corruption, anti-money laundering and prevention of terrorism financing in every business transaction and activity carried out in connection with these Terms and Conditions.
Each party requires its employees to maintain a good reputation of SIRCLO in using SIRCLO’s services as referred to in these Terms and Conditions honestly, in good faith, and obeying and complying with policies, guidelines, ethical standards and regulations.
You hereby declare, warrant and undertake to SIRCLO that:
- You are the sole owner who is not encumbered and, if registered, the sole registered owner of all intellectual property used in your business, including the Logo and/or Trademark, those are your property and are legally distributed.
- Your intellectual property and the validity or existence of your rights, property rights and interests therein are not the subject of any dispute, claim or legal process in effect at this time, that is suspended or threatened, including on attempts to oppose, cancel, withdraw or refine, and has never been the subject of any dispute, claim or legal process, and there are no facts or things that can give rise to any such dispute, claim or legal process.
- You have taken all necessary steps to preserve intellectual property to keep this right. Without limitation, all renewal fees relating to your intellectual property that are due have been paid in full.
- You are not involved in any activity that violates any Intellectual Property belonging to any third party.
Nothing of your intellectual property is currently being infringed by any third party or has been violated and no third party has threatened any such breach.
8. Indemnification and Limitation of Liability
You are obliged to protect, provide compensation, and release SIRCLO, the Board of Directors, the Board of Commissioners, employees, agents and representatives (“Protected Parties”) and will immediately provide compensation to SIRCLO or, at SIRCLO’s request, from and against any losses, demands, claims, taxes, liabilities, and/or legal process costs, as well as fees (including attorney fees and reasonable expenses) (whether or not caused by a third party claim) and all costs incurred by the Protected Party arising out of or in relation to: (i) any inaccuracy of any representations or warranties made by you in these Terms and Conditions from the date they were made or deemed made; and (ii) any of your violations of the agreement, obligations or agreement of each of them under these Terms and Conditions (collectively, the “Loss”), among others because:
- Losses arising from invalid, inaccurate or incomplete information provided by you;
- Losses arising from invalid, inaccurate, incomplete information on Products and/or Product Transactions on the Platform provided by you;
- Your misuse of User or Buyer Personal Data;
- Your failure to use the Platform that occurs due to your negligence and/or other parties in maintaining the confidentiality of your account on the Platform including but not limited to lending accounts to other parties, providing password access to other parties, providing verification codes to other parties, accessing links from other parties that cause your SIRCLO account to be accessed without your consent and/or knowledge and may result in losses to the Buyer or yourself or the Protected Parties;
Any failure or inability of you to implement these Terms and Conditions due to changes in laws and regulations, court decisions (including but not limited to bankruptcy or was given a bankruptcy decision, including default), or government decisions, (beschikking), revocation or temporary suspension of business permits, is dissolved or liquidated either voluntarily or forcibly (except for the purpose of consolidation or merger), and/or its main assets are confiscated;
You agree to defend, compensate and protect SIRCLO and its affiliates from and against all liabilities, damages, losses and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way with respect to any of the following: (i) your access to or use of our Services, including the information provided in connection with it; (ii) your breach or suspected breach of our Terms; or (iii) a misstatement made by you. You will cooperate fully as requested by us in the defense or settlement of any Claims.
10. Forbidden Behavior
Your use of Content and/or Services must be in accordance with applicable laws and regulations in Indonesia, especially (but not limited to) Law Number 11 of 2008 regarding Electronic Information and Transactions, as amended by Law Number 19 of 2016 regarding Amendments to the Law Number 11 of 2008 regarding Information and Electronic Transactions, Law Number 8 of 1999 regarding Consumer Protection.
You are responsible for ensuring that your use of the Content and Services does not use excessive system or network resources that interfere with normal use of the Service through, but are not limited to, creating multiple processes, or consuming large amounts of memory, CPU, or excessive bandwidth capacity.
The following is a list of non-exclusive content, and conduct that is prohibited (but not limited to) by SIRCLO:
- Content that contains or contains links to: nudity, pornography, adult content, material with foul language.
- Content that condones, promotes, contains, or links to, hacks, related utilities, or other piracy-related information, whether it is for educational purposes or not.
- Content that has been promoted via Spam submission or mail fraud schemes, or pages that promote or allow Spam submission.
- Bulk email sending originating from our server mass that is distributed to unknown recipients requesting products or services, or bulk email NOT originating from our servers that is being distributed to unknown recipients requesting products or services related to the SIRCLO account will result in direct account suspension.
- Content that is highly offensive to the community, including blatant expressions of fanaticism, prejudice, racism, hatred or excessive profanity, or posting material that is obscene, dirty, gross, abusive, or objectionable.
- Content or that exploits children under 18 years of age.
- Content that sells or promotes any unlawful product or service in the location where the content is posted or received.
- Content that violates the copyrights, patents, trademarks, service marks, trade names, trade secrets, or other intellectual property rights of third parties.
- Content that promotes email scams, multi-level marketing schemes (pyramid) or other illegal or fraudulent activities.
- Engineering, reverse compiling or deriving source code or structure or sequence of SIRCLO services, solutions or technologies of any kind.
- Reverse engineering, reverse compiling, or downgrading the source code or structure or sequence of individual access keywords from the Customer’s Website (or the pages contained therein).
11. Reservation of Rights
SIRCLO has its own right and policy to:
- Censor any websites that are hosted on its servers that are deemed inappropriate.
- Review any accounts or excessive bandwidth and to suspend service to accounts that have exceeded the permissible level.
- Terminate any account for not paying fees, for providing fraudulent account information or fraudulent payment information.
- Terminate any account if the content on its website generates, or is the subject of, legal action or harmful legal action against SIRCLO or its affiliates or partners, regardless of whether the legal action or harmful legal action is determined to be with or without services later on.
- Terminate any account for unsolicited commercial email (e.g Spam), illegal access to other computers or networks (e.g., Hacking), internet virus distribution or similar destructive activity, legitimate or unauthorized activities that SIRCLO deems harmful to customers operation or reputation, or for any breach of this agreement.
- Suspend the Service at any time for any period if necessary, without penalty or liability to oneself.
You hereby agree that it may be necessary for us to temporarily suspend the Service for technical reasons or to maintain network equipment or facilities.
12. SIRCLO Connexi Terms
SIRCLO provides SIRCLO Connexi Services to you under these SIRCLO Connexi Terms. If you use the services provided by the SIRCLO Connexi Service, you agree to the SIRCLO Connexi Service Terms and Conditions (“SIRCLO Connexi Terms”). To the extent of the conflict between the SIRCLO Connexi Terms and the SIRCLO Terms and Conditions, the latter will be applied. The terms in capital letters have the meaning stated in the SIRCLO Connexi Terms or here contextually.
You agree to use the SIRCLO Connexi Services in accordance with (i) our technical and product documentation, and other related documentation provided by SIRCLO and its affiliates (collectively the “Documentation”); and (ii) SIRCLO Connexi Service Policy.
Limitation. With respect to the data you obtain from using the SIRCLO Connexi Service Policy, you may not directly or indirectly (i) share, transfer, sell, license or distribute any data, including any anonymous, aggregate, or derivative form of such data to any third party; or (ii) retargeting on or off the SIRCLO Companies service, using piggybacking or redirecting, or combining that data with other third party data sources. We can terminate your account and immediately revoke your access if we determine that you have violated this restriction. This section survives from the termination of these SIRCLO Connexi Terms.
Reporting. You agree to provide us with reports related to your use of the SIRCLO Connexi Service, because we can make reasonable requests from time to time, no later than 30 days after the date of our request.
SIRCLO may update these SIRCLO Connexi Terms (“Modify”); by continuing to use the SIRCLO Connexi Service after the Change, you agree to the Change.
13. Force Majeure
Each Party will be exempted from carrying out its obligations under this Agreement as long as such performance is prevented by force majeure (defined below) and the underperforming Party immediately provides notification of such prevention to the other Party. Such reasons will continue as long as conditions that are force majeure continue. The party affected by the force majeure must also notify the other Party about the anticipated force majeure duration, any actions taken to avoid or minimize its effects after the incident and must take reasonable efforts to eliminate the conditions that constitute such force majeure. For the purposes of this Agreement, “force majeure” shall cover conditions beyond the control of the Parties, including acts of God, acts of terrorism, voluntary or involuntary compliance with government regulations, laws or orders, war, any act of war (whether war is declared or not), labor strikes or lockdowns, civil unrest, epidemics, failure or negligence of public utilities or public transportation, destruction of production facilities or materials by fire, earthquake, storm or similar disaster. Payment of invoices that are due and payable here will not be delayed by the payer due to force majeure that affects the payer.
14. Governing Law and Dispute Resolution
Law Regulating and Settlement of Disputes. The rights and obligations of the parties in accordance with this T&C are governed by, and will be interpreted in accordance with Law Number 11 of 2008 regarding Electronic Information and Transactions, as amended by Law Number 19 of 2016 regarding Amendments to Law Number 11 of 2008 regarding Electronic Information and Transactions, Law Number 8 of 1999 regarding Consumer Protection, as well as applicable laws and regulations in Indonesia. This T&C and its implementation is subject to and interpreted according to the laws applicable in the territory of the Republic of Indonesia. You hereby do not declare that you submit to the exclusive jurisdiction of the Tangerang Courts for any dispute arising under or in connection with these T&C and waive your right to institute legal proceedings in any other jurisdiction. We reserve the right to institute legal process with respect to any issues arising under these T&C in any jurisdiction where you live, do business or own assets.
SIRCLO has the absolute authority to revise, change, and/or add provisions to the Information Confidentiality Policy without the user’s consent.