Effective: May 22, 2021
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Introduction
1.1 Scope
You are entering into this Terms of Use with PT Mitratata Citragraha™ (PTMC®) collectively referred to as “PTMC®,” “we”, and “us”.
This Terms of Use applies to Visitors, Registered Users, and Subscribers that engage with PTMC® websites, Subscribership, certifications, products, materials, communications, events and any other content or service that are offered by PTMC® (collectively, our “Services”).
You agree that by using, registering, signing in, and/or paying for our Services, you are entering into a legally binding Terms of Use with PTMC®. You acknowledge that you have read these terms of use, understand them, and agree to be bound by the conditions outlined. If you wish to terminate this Terms of Use completely you can do so by closing your account with us.
When you use our Services, you agree to all these terms and any posted guidelines, rules or additional terms applied to that product. Your use of our Services is also subject to our Cookie Policy and our Privacy Policy, which covers how we collect, use, share, and store your personal information.
1.2 Visitors
Any person viewing or actively engaging with our Services that is not registered or a Subscriber.
1.3 Registered Users
Registered users have created an account with us through completing a registration form. Registered users become Subscribers of PTMC® when full payment for Subscribership has been received.
1.4 Subscribers
Subscribers of PTMC® complete the registration process and have submitted full payment of the applicable Subscribership fees.
Subscribership is for the specific and sole use of that registered individual. All Subscribership fees are non-refundable, non-transferrable, and must be paid in full to receive and maintain an active PTMC® Subscribership and continued access to the Services. All fees are subject to change.
Subscribers agree to following the Trademarks and Guidelines regarding the PTMC brand identity.
All PTMC® Subscribers receive access to the Subscriber benefits. These Services are offered only to those Subscribers in good standing (paid in full) and can include corporate offerings and other third-party services. These benefits may change at any time without notice.
1.5 Changes
We may make changes to this Terms of Use. From time to time, we will make changes to this Terms of Use or any other policy or agreement. If we make any material changes, we will provide you reasonable notice through our Services, or by other means, to provide you with the opportunity to review the changes. We agree that changes cannot be retroactive. If you object to any changes, you may close your account. Your continued use of our Services after published or communicated changes to these terms means that you consent to the updated terms as of their effective date.
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Obligations
2.1 Service Eligibility
You are eligible to enter this Terms of Use and you are the age of majority or legal age in your jurisdiction. To use our Services, you must be of legal age, have an active Subscribership and are not restricted from using any of our Services. Creating an account with false information is a violation of our Terms of Use.
2.2 Your Account
You must keep your password a secret. You will not share your account with anyone else.
Registered Users and Subscribers are account holders. You agree to: (1) use a strong password and keep it confidential; (2) not transfer any part of your account, and (3) follow the law, any guidelines, terms, or practices outlined by PTMC® for our Services.
2.3 Payment
You will honor your payment obligations and you must submit payment in full (including applicable taxes) to access our Services. We calculate taxes payable by you based on the billing information that you provide us at the time of purchase. You can get a copy of your invoice through your account profile.
Unless otherwise indicated, payments for our Services are non-transferrable and non-refundable. This applies to Subscribership, Consulting, Mentorships, or any other products and other Services offered by PTMC®. All prices displayed for our Services are subject to change from time to time.
Any fees not received in USD and other partial payments will require full payment in USD. Registered users will receive an email of outstanding fees and will have 30 days to make a full payment. If full payment is not received, Services will not be activated. A charge of $35.00 will be applied to all NSF cheques processed by PTMC®.
Any surplus payments received for Subscribership fees will pro-rate your Subscribership expiry date appropriately.
2.4 Notices and Messages
You will receive notices and messages through our Services. If your contact information is out of date, you may miss out on important notices. Please keep your information up to date. For more information on how we use your information, please see our Privacy Policy.
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Rights and Limits
3.1 License
We hereby grant the right to access the eligible Services based on your payments to PTMC® for your personal, non-commercial use. The Services may not be used for any purpose not expressly permitted in this Terms of Use.
Except as expressly stated otherwise, the Services may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent of PTMC®.
In some instances, we expressly state that you may ‘share’ Services for certain limited purposes. In those express instances, and for that sole and exclusive purposes, you are permitted to do so. You may not reproduce, copy, duplicate, sell, or resell any part of the Services or its contents (including the software used in the operation of the Services).
3.2 Ownership
The Services and all information (in text, graphical, video and audio forms), images, icons, software, design, applications, and other elements available are the property of PTMC®, its affiliates and others, and are protected by international copyright, trademark, and other laws.
Your use of the Services does not transfer ownership or rights of these Services to you or any other person.
Other products, company names, and logos appearing on the Services may be registered or unregistered trademarks, trade names, service marks and logos (“Trademarks”) of their respective owners. Any use of the Trademarks displayed on our Services, except as expressly provided in this Terms of Use, is strictly prohibited.
3.3 Other Services
Our Services may include links, material or content from other websites, resources, services, and businesses operated by other persons (“Other Services”). Other Services are independent from PTMC®. We have no responsibility, liability or control over the quality, material, content, or products from Other Services. Links to Other Services are provided solely for your convenience.
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Disclaimer and Limit of Liability
We strive to make your use of the Services a useful experience. Nevertheless, PTMC® and its affiliates do not accept any liability for your use of our Services, or those Other Services provided by third parties.
4.1 No Warranty
PTMC® AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, PTMC® AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
4.2 Liability Exclusion
PTMC®AND ITS AFFILIATES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR PUNITIVE DAMAGES, WHETHER IN TERMS OF USE, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE SITE OR THE SERVICE BY YOU OR ANY OTHER PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY PTMC® OR ANY OF ITS AFFILIATES OR ANY PERSON FOR WHOM PTMC® OR ANY OF ITS AFFILIATES ARE RESPONSIBLE, AND NOTWITHSTANDING THAT PTMC® OR ITS AFFILIATES MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON.
THROUGH OR BECAUSE OF YOUR USE OF THE SERVICES, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMUNICATIONS AND TRANSACTIONS OF A COMMERCIAL OR PERSONAL NATURE WITH PERSONS OTHER THAN PTMC®. ALL SUCH COMMUNICATIONS AND TRANSACTIONS ARE AT YOUR OWN RISK.
4.3 Limitation of Liability
IN NO EVENT WILL PTMC® OR ANY OF ITS AFFILIATES’ TOTAL LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN TERMS OF USE, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY PTMC® OR ANY PERSON FOR WHOM PTMC® IS RESPONSIBLE, EXCEED THE TOTAL FEES PAID OR PAYABLE BY YOU TO PTMC®.
4.4 Release
YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE EACH OF PTMC® AND ITS AFFILIATES AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PARTIES, SERVICE PARTIES, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SITE OR THE SERVICE.
4.5 Indemnity
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF PTMC® AND ITS AFFILIATES AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PARTIES, SERVICE PARTIES, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR USE OF THE SITE OR THE SERVICE, THE USE OF THE SITE OR THE SERVICE BY SOMEONE POSING AS YOU, OR YOUR BREACH OF THIS AGREEMENT. YOU WILL ASSIST AND CO-OPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENCE OF ANY SUCH CLAIM OR DEMAND. YOU FURTHER AGREE TO INDEMNIFY PTMC® AND ITS AFFILIATES FROM ALL SUITS, DAMAGES, COSTS AND LIABILITIES WHATSOEVER ARISING FROM ANY TRANSACTIONS IN WHICH YOU ENGAGE USING PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH PTMC®.
ADVICE AND INFORMATION PROVIDED BY PTMC® OR ITS REPRESENTATIVES, WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY OR CONDITION OR VARY OR AMEND THIS AGREEMENT, INCLUDING THE ABOVE DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE, AND INDEMNITY PROVISIONS, AND YOU MAY NOT RELY UPON ANY SUCH ADVICE OR INFORMATION.
The exclusion of certain warranties and the limitation of certain liabilities is prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you.
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Termination
Both you and PTMC® may terminate this Terms of Use at any time. On termination, you lose the right to access or use the Services.
We may terminate or suspend your access to all or part of the Services with or without notice and for any reason, including, without limitation, if we believe that you have breached or acted inconsistently with this Terms of Use or any other guidelines, terms or conditions applied to our Services.
The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in this Terms of Use survive indefinitely after the termination of this agreement.
Please visit our Privacy Policy for more information on how to close your account.
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Rules of Conduct
You are responsible for all your activity and actions while using our Services.
Services of PTMC® are made available to you for your lawful use only. You may access, browse, post, publish, link to or upload to the Services as outlined in this Terms of Use.
You are expressly prohibited from participating in, conducting, and promoting illegal activities, sending viruses, spamming, interfering with or creating any undue burden on the Services.
You understand that, if you have an account with PTMC®, your ability to access and use the Services is dependent on your compliance with this Terms of Use. Breach of these Terms of Use and any the provisions herein may result in restriction or termination of your access.
You will not take any action or upload, download, post, submit or otherwise distribute any content, on PTMC® Services that:
- infringes any patent, trademark, trade secret, copyright, or other rights.
- you know to be false, misleading, untruthful, or inaccurate.
- contains or depicts nudity or sexual activity.
- constitutes unauthorized or unsolicited advertising, spam, junk, or bulk messaging.
- contains any software viruses or any content that interferes with or disrupts any Service.
- impersonates any person or entity, including a PTMC® employee or representative.
- violates any laws or Terms of Use obligations.
- includes personal information or sensitive financial information without consent.
- restricts or inhibits any other user from using the Services.
- constitute personal attacks against private individuals and groups.
- is unlawful, harmful, threatening, abusive, inflammatory, harassing, tortious, defamatory, fraudulent, vulgar, obscene, libelous, invasive of another’s privacy or publicity rights, hateful, or racially, ethnically, or otherwise determined by PTMC®, in its sole discretion, to be objectionable.
- NOTE that PTMC does not consider speaking the TRUTH to be offensive, threatening or in violation of any of the above statements.
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How to Contact Us
Our contact information is available online. For general inquiries, please contact us via email websiteptmc@proton.com or call us at (Indonesia) 021-575-0911, (Internationally) +6221-575-0911. You can also FAX us, +6221-575-0803.
For all other notices or requests, you may write us at this address:
PT Mitratata Citragraha
Sampoerna Strategic Square, South Tower, 18th Floor
Jl. Sudirman Kav 45-45
Jakarta, Indonesia, 12930