TERMS AND CONDITIONS
from "01" december 2023
about and between
The person accepting this offer
as the User
and
BALI SMART INVEST PT
as the Seller
The terms set out below regulate the relationship regarding the access of BALI SMART INVEST PT ("Seller") to educational materials, including but not limited to: video courses, presentations, electronic educational materials, diagrams, textbooks, and study guides.
The person accepting this offer ("User") is advised to read carefully as it may affect the rights and obligations of the Buyer by law.
A. DEFINITIONS
"Seller" - BALI SMART INVEST PT.
"User" - The person accepting this offer.
"Asset" - educational materials, including but not limited to: video courses, presentations, electronic educational materials, diagrams, textbooks, and study guides.
"Website" - _________________________
"Acceptance" - payment for access to the assets.
B. User Account
1. The User declares and guarantees that he is 18 (eighteen) years old, legally married, not under guardianship or trusteeship, and that the User is legally competent and has the right to be bound by these Terms. If the User fails to comply with the provisions but still gains access or uses the Site/Application, services available on the Site/Application, third-party content on the Site/Application, offers on the Site/Application, or payment methods applied on the Site/Application, the User declares and guarantees that the User’s actions in opening, accessing, or otherwise acting on the Site/Application have been approved by the User’s parents, guardians, or trustees. The User explicitly waives any right, based on applicable laws and rules, to cancel or revoke any consent given by the User based on these Terms at the time when the User is considered of legal age.
2. The Seller does not charge Users for registration.
3. The Seller has the right to take necessary actions without prior notice to the User in the event of any suspected violation or breach of the Rules and/or applicable laws, namely actions such as canceling advertisements, blocking the user account, and/or deleting the user account.
4. The Seller has the right to temporarily or permanently close the store or user account if fraud in transactions or a breach of the Terms and conditions is discovered.
5. Users understand and agree not to use, modify, dismantle, duplicate, resell and/or exploit other software or hardware systems, networks and/or data of the Site using automated or manual technologies without the Seller's permission.
6. Users agree not to directly or indirectly use and/or access the Site with viruses, software, or other technologies that may weaken, damage, interfere with, or obstruct, limit and/or intercept the functionality and integrity of the software or hardware systems, networks and/or data on the Site.
7. The User is personally responsible for maintaining the confidentiality of the account and password for all actions taking place in the User's account.
8. The Seller will not request the User's username, password, or SMS code or OTP code belonging to the User's account for any reason, therefore the Seller urges Users not to provide such data or other important data to parties acting on behalf of the Seller, or other parties, the safety of which cannot be guaranteed.
9. The User agrees to log out of the account at the end of each session and notify the Seller in case of unauthorized use of the User's password or account.
10. The User hereby declares that the Seller is not responsible for losses or problems arising from the unauthorized use of the User's account caused by User negligence, including, among other things, approval and/or provision of account access sent by the Seller through notifications to other individuals via the User's device, provision of accounts to other individuals, access to links or links provided by other parties, provision or display of verification codes (OTP), passwords, or emails to other individuals, as well as the negligence of other Users resulting in losses or problems on the User's account.
11. The User understands and agrees that for the use of one-time password (OTP) the corresponding telecommunications service provider may charge the User a nominal fee as follows: (i) 500 rupees plus value-added tax (VAT) at the applicable taxation rate according to Indonesian legislation for Indosat, Tri, XL, Smartfren, and Esia; (ii) 200 rupees plus VAT in accordance with the tax legislation applicable in Indonesia for Telkomsel.
C. Purchase Transactions
1. Users are prohibited from splitting 1 (one) Asset purchase transaction into 2 (two) or more separate transactions for the purpose of splitting the payment amount (partial payment) to manipulate the payment method and/or obtain additional benefits, breaching the Terms and Conditions, which include, among other things, appealing to the Seller to alter the price and/or purchasing multiple items to split the total price of the desired item.
2. By accepting these terms and conditions, the User agrees that:
2.1. Users are responsible for reading, understanding, and consenting to all information/descriptions of the Asset (including, among other things, color, quality, functionality, etc.) before making an offer or assuming an obligation to purchase.
3. The User enters into a legally binding contract to acquire the Asset when purchasing the Asset.
4. The User understands and agrees to release the Seller from liability in case of transaction problems using the partial payment method, including, among other things, transaction issues, payment issues, access issues, or damage and/or loss of the Asset, either partially or entirely.
5. The User agrees not to notify or provide payment evidence and/or payment data to third parties except the Seller. The User is responsible for any losses resulting from notifying or providing payment evidence and/or payment data to other individuals.
6. The User understands and agrees that the User is responsible for retaining transaction-related information and access to Assets. All actions, including, among other things, agreements made for purchasing, returning, or exchanging Assets outside the procedures provided for in this agreement, are not the Seller's responsibility, so claims and losses arising from such actions become the responsibility of each party personally.
7. The User understands and agrees that any claim made after confirmation/automatic confirmation of receiving the Asset is not the Seller's responsibility. Losses incurred after confirmation/automatic confirmation of receiving the Asset are the User's personal responsibility.
8. The User understands and agrees that any issues with accessing the Asset due to delayed payment are the Buyer's responsibility.
9. The User understands and agrees that in case of detecting any signs of fraud, violation of the Seller's Terms and Conditions, or applicable legal provisions, the Seller has the right to take necessary actions, including, among other things, restricting the choice of the payment method, canceling the transaction without prior notice.
10. The Seller is prohibited from manipulating the price of the Asset for any purpose.
11. The User understands and agrees to release the Seller from liability in case of transaction problems using the partial payment method, including, among other things, transaction issues, payment issues, delivery issues, as well as damage and/or loss of the product, either partially or entirely.
12. The Seller agrees and understands that upon receiving the User's information, the Seller is obligated to maintain confidentiality and prohibited from abusing the User's information in any form.
D. Pricing
1. Asset prices are set on the Site and/or from other sources containing purchase offers with a link to these terms.
E. Miscellaneous Provisions
1. When a User uses the features/services available on the Site, the User hereby declares that the User understands and agrees to all the conditions specifically set with regard to the functions/services used.
2. All matters not addressed or regulated in specific provisions and terms of this function are fully subject to the general terms and conditions of the Seller.
3. By agreeing to the Site's Terms of Use, the User is considered subject to the Seller's Privacy Policy.
F. Disclaimer and Limitation of Liability
1. The Seller always strives to ensure the security, convenience, and proper functioning of the Site, but we cannot guarantee that Site operation or access will always be ideal. Site information and data may not occur in real-time.
2. Users agree that they use the Seller's services at their own risk and that the Seller's services are provided to them on an "AS IS" and "AS AVAILABLE" basis.
3. To the maximum extent permitted by applicable law, the Seller (including its parent company, directors, and employees) shall not be liable, and you agree not to hold the Seller responsible for any damages or losses (including, among other things, loss of money, reputation, profits, or other intangible losses) arising directly or indirectly from:
• Use or inability to use the Site by the User.
• Delays or interruptions in Site operation.
• Negligence and losses caused by each User.
• Quality of Assets.
• Access to Assets.
• Intellectual property rights violations.
• Disputes between users.
• Damage to the reputation of the other party.
• Any improper use of Assets purchased by the User.
• Losses due to unofficial payments to persons not associated with the Seller who act in any manner on behalf of the Seller, or negligence in writing an invoice and/or other information and/or negligence on the part of the bank.
• Viruses or other malicious software (bots, scripts, automation tools, hacking tools) obtained as a result of accessing or connecting to the Site.
• Any malfunctions, errors, failures, or inaccuracies in Site operation.
• Damage to your equipment as a result of using the Site.
• Content, actions, or inactions of third parties, including related to Assets that are presumed to be counterfeit.
• Remedial measures taken against the User's account.
• Unauthorized access to user accounts by third parties.
G. Release
1. If you have a dispute with one or more users (third parties), you release the Seller (including its parent company, directors, and employees) from any claims and demands for compensation for damages and losses (actual and implied) of any kind or nature, known and unknown, arising out of or in any way connected with the dispute, including, among other things, losses arising from the purchase of Assets from third parties. By doing so, the User intentionally waives any legal protection (contained in other laws or rules) that limits the scope of this release provision.
H. Indemnity
1. The User releases the Seller from any claims for compensation and will indemnify the Seller (including the parent company, directors, and employees) from any claims or demands, including reasonable legal costs, brought by third parties arising from your breach of this Agreement, Site use that is unwarranted and/or a violation by you of the law or the rights of third parties.
I. Choice of Law
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 provisions. You agree that any lawsuits or disputes that may arise, relate to, or in any way connected with the Site and/or this Agreement shall be resolved solely within the jurisdiction of the courts of the Republic of Indonesia.
J. Updates
1. The terms and conditions may be changed and/or updated from time to time without prior notice. The Seller advises you to carefully read and periodically check this "Terms and Conditions" page for any changes. By continuing to access the Site, it is deemed that the User agrees to the changes in the Terms.