This terms and conditions of use (hereinafter referred to as the “Terms and Condition”) defines the conditions between PT Quorum Nusa Prestasi (hereinafter referred to as the“Company”) and users in regards to the use of websites, software, applications, products, documents and other products and services (hereinafter referred to as the “Service”) provided to users under the “Duit Application” name or in relations to “Duit Application”.
Article 1. Agreement to Terms and Conditions of Use
The user must use the Service according to the provisions in the Terms and Conditions. The user cannot use the Service unless he/she agrees to the Terms and Conditions. The user is deemed to have agreed to the Terms and Conditions once he/she clicks the ‘Agree’ button that is displayed on the screen when installing the Service.
Article 2. Collection of Information
The Company collects the user’s computer name in order to determine the terminal used to access the Service.
Article 3. Approval to Use Software
1. The Company allows the nonexclusive use of the software in relation to the Service (hereinafter referred to as the “Software” and includes software that is newly provided due to future upgrades) provided by the Company for user who download the Software for the use of the Service under the condition that the user abides by the Terms and Conditions. The copyright to the Software and any associated rights will belong to the Company.
2. The Company cannot guarantee that the Software is free of any actual or legal defects (including but not limited to stability, reliability, accuracy, completeness, validity, suitability for a specific purpose, security related defects, errors or bugs, infringement of rights etc.).
3. The user must not conduct the following actions when using the Software, unless the user has separately obtained evident approval from the Company.
(1) Copy the whole or part of the Software.
(2) Modify the whole or part of the Software’s features, text and/or program source code.
(3) Disassemble or decompile the whole or part of the Software, or attempt to decipher the whole or part of the Software.
(4) Assign, lend, or license the Software to a third party.
(5) Use the Software for advertising, commercial purposes, or solicitation.
(6) Violate a law, judgment, judicial ruling, court order, or binding regulation.
(7) Violate the rights of the Company or of any third party (including, copyright, trademark, patent or similar intellectual property rights, right of reputation, right to privacy, or any other right arising at law or by contract).
(8) Interfere with or obstruct the Company’s operation of the Service or other users’ use of the Service.
(9) Aid or encourage any of the actions mentioned in items (1) through (8) above.
(10) Any other use of the Service that the Company deems inappropriate.
4. The Company may modify the whole or part of the Service, as well as terminate the Service, when the Company deems necessary, without providing prior notification to users (including, but not limited to, updates to the Software).
5. The Software may contain software which is under the open source license or a modification of such software (hereinafter referred to as ‘Open Source Software’). Licenses are applied in accordance to the conditions of the licenses (hereinafter referred to as ‘Open Source License’) that are applied to the Open Source Software. The Terms and Conditions does not limit the user’s rights based on each Open Source License, and does not grant rights that can replace the rights granted by the Open Source Software. In the event of a provision resulting in a conflict between the Terms and Conditions and the Open Source License, the provision in the Open Source License supersedes the Terms and Conditions.
Article 4. The Company’s Exemption from Liability
1. The Company shall not be responsible for any damages inflicted upon users in relation to the use of the Service. However, if the agreement (including but not limited to the Terms and Conditions) between the Company and user regarding the Service shall be deemed as a consumer contract under the Consumer Contract Law in Japan, then this exemption clause shall not be applied.
2. Notwithstanding the condition stated in clause 1 above, the Company shall not be responsible for any indirect, special, incidental, consequential or punitive damages (including but not limited to such damages that the Company or user predicted, or could have predicted) with respect to the Company’s contractual default or act of tort due to the Company’s negligence (except for gross negligence). The compensation for ordinary damages in respect to the Company’s contractual default or act of tort due to the Company’s negligence (except for gross negligence) shall be limited to the total amount of expenses incurred by the user in order to use the Service in the particular calendar month in which such damages occurred.
Article 5. Modification of the Terms and Conditions of Use
The Company may modify the Terms and Conditions when the Company deems necessary, without providing prior notification to users. The modification become effective once the modified Terms and Conditions are posted on an appropriate location within the website operated by the Company. Users must refer to the Terms and Conditions on a regular basis for the latest version when using the Service, since a separate notification is not provided.