TERMS OF USE OF WEBSITE

Please READ this Terms of Use carefully before using our Website.

The SwissCham Indonesia (“SwissCham Indonesia”, “us” or “we”) provides access to this website, www.swisscham.id (the “Website”), upon the terms of use set out below (“Terms of Use”).

By visiting this Website and accessing the information, resources, materials, services, products and/or tools we provide therein (“Resources”), you agree to use the Resources only for the purposes intended and acknowledge that you have read and understood and agree to be bound by this Terms of Use and our Privacy Policy as provided on our Website. If you do not agree to or do not accept any part of this Terms of Use, please do not use or access this Website.

We reserve the right to modify, amend, vary or change any information in the Website and in this Terms of Use, at any time, without prior notice. The amended Terms of Use will take effect from the time of posting on the Website, and your continued use or access of the Website shall constitute your acceptance of such revised Terms of Use.    

The Website and Resources are provided as a means of communication with our members that has registered and set up a user account (“Registered User”), as well as to foster communication and business relationship among our members as well as to provide information and content which may be of interest to our members, friends and other interested parties. Information and other resources on the Website are intended to be for general information purposes only and do not constitute financial, accounting, legal or other professional advice.

Use of Website

  • While you may visit this Website at any time, certain portions of this Website and Resources are restricted to access and use only by our Registered User (“Restricted Content”).
  • If you are a member of SwissCham Indonesia, you may be required to provide registration information about yourself (such as identification, contact details, etc.) and may be required to agree to additional terms in order to create a user account. You represent and warrant that any information you provide are true, accurate, correct, and up to date.
  • You are entirely responsible for any and all activities that occur under the use of your username and password whether or not actually or expressly authorized by you, including the transmission, posting, or other provision of text, files, links, graphics, illustrations, artwork, logos, trademarks, software, photographs, video, sound, music or other information or material. We take no responsibility for any loss or damage that occur as a result of a disclosure by you of your password to third parties, or through any unauthorized access to your personal information. You further agree to immediately notify SwissCham Indonesia of any unauthorized use of your user account.
  • Please note that SwissCham Indonesia may share your registration information or other user account information if requested by law, legal process or court order. Any suspected illegal, fraudulent or abusive activity may be referred to appropriate law enforcement authorities.
  • You acknowledge and agree that you shall not, at any times:
  • (where relevant) permit any other person to use your account to access Restricted Content, or grant a third party a right to access and use Restricted Content; or
  • use the Website or Resources for any unlawful or prohibited activity or for any illegal purpose; or
  • use the Website or Resources in a way which interferes with its availability for other Registered User or do anything that degrades the operational performance of the Website; or
  • modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, scrape, deep-link, transfer, sell or in any way exploit any content, information, software, products, images or services obtained from the Website; or
  • impersonate any person or entity, including any employees or representatives of SwissCham Indonesia

Posting or submission of materials and other content on the Website

  • We may provide various open communication tools on our Website, which may provide you and other Registered User an opportunity to submit, post, transmit, and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to the Website or to other Registered User. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our Website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By uploading, posting, sharing or distributing information or otherwise using any open communication tools as mentioned, you represent, warrant and undertake that such information:
  • is not illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, obscene, indecent, does not contain any type of suggestive, inappropriate, objectionable or explicit language and will not have the effect of harassing, threatening, embarrassing or causing distress or discomfort upon other users or third parties;
  • does not and will not infringe on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
  • is not injurious to third parties and will not constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law;
  • does not contain any type of unauthorized or unsolicited advertising; and
  • does not contain viruses, Trojan horses, corrupted files or any other similar computer program that may adversely affect the operational performance of another computer.
  • You agree that any reviews, communications or materials of any kind posted by you on our Website may be wholly or partly used and placed by us at our sole discretion for marketing and promotion purposes on social media platforms, newsletters, special promotions, apps or other channels owned, hosted, used or controlled by us and our business partners.
  • If you do post content or submit material, and unless we indicate otherwise, you are deemed to have granted to us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media, including in the Website, and in promotional materials and publications and as we may at our discretion see fit. You are deemed to have granted us the right to use the name that you submit in connection with such content.
  • You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this Terms of Use and will not cause injury to any person or entity; and that you will indemnify us for all claims arising from content you supply.
  • We have the right (but not the obligation) at our sole discretion to monitor, edit or remove any content that, we feel in our judgment does not comply with this Terms of Use, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third-party copyrights or trademarks. However, we are not responsible for and assume no liability for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us. We take no responsibility and assume no liability for any content posted by you or any third party.
  • We reserve the right to deny, at our sole discretion, any user access to this Website or any portion thereof without notice.
  • If you are in breach, or will be in breach, of any of this Terms of Use, you agree that we may, at our sole discretion terminate your account, or suspend or terminate your access to all or part of our Website and Resources, or remove or edit content posted by you without giving you a reason with or without notice and for any reason and/or without further reference to you.

Disclaimer of Warranties

  • This Website may contain information and content provided by third parties. While every effort has been made to make this Website and the Resources as complete and as accurate as possible, we do not warrant or represent the accuracy, correctness or completeness of any of the data or information contained in the Website, including those which may be provided or supplied by third parties and other users. Accordingly, we are not responsible for any errors (including manifest and typographical errors), inaccurate, misleading or untrue information supplied by third parties or other users. The respective third parties which provide or supply such information remain responsible at all times for the accuracy, completeness and correctness of such information and materials displayed on our Website. You should make your own evaluation of the accuracy or completeness of any information, opinion, advice or other content available through the Website. In no event will SwissCham Indonesia be liable for any loss or damage caused by your reliance on information obtained through the Website.
  • Nothing on the Website constitutes or should be regarded as a recommendation or endorsement of any user or third party. Opinions, advice or other statements on the Website are the opinions, advice and statements of the respective information provider or user. SwissCham Indonesia does not endorse and is not responsible for the accuracy or reliability of any such opinion, advice or statement made on the Website by any party other than an authorized SwissCham Indonesia representative. Please seek the advice of professionals as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
  • You acknowledge that your use of our Website is at your sole risk and discretion. All materials, information, products, services, software and other content contained in this Website, or obtained from a linked site is provided “as is” and “as available” basis without warranty or conditions of any kind, whether express or implied (including but not limited to, the implied warranties or conditions of merchantability and fitness for a particular purpose, non-infringement, security or accuracy). In particular, we do not represent or warrant that:
    • the use of the Website or Resources will meet your needs or requirements;
    • access to the Website or Resources will be uninterrupted (whether due to any temporary and/or partial breakdown, repair, upgrade or maintenance of our Website or otherwise), timely, secure or free from errors;
    • the information obtained by using the Website will be accurate, complete or reliable;
    • any information, data, content, software or other material accessible through the Website will be free of bugs, viruses, worms, Trojan horses or other harmful components; or
    • any defects in the operation or functionality of the Website will be repaired or corrected.
  • You assume total risk and responsibility for your use of the Website and Resources, including the submission of any personal information. Furthermore, you understand and agree that any content downloaded or otherwise obtained through the Website or use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
  • We may remove, modify or discontinue the Website, including any of the features or services of the Website and the information or content contained therein, at any time, with or without notice to you, without any liability whatsoever to you or any third party.

Exclusion and limitation of liability

  • We are not liable for any injury, loss, claim, damage, including those based on contract, tort (including negligence), whether actual, incidental, special, indirect, exemplary, punitive or consequential (including lost profits or other special damages) which arises out of or is in any way connected with any of the following:
  • your access or use of the Website or Resources;
  • submission of any personal information, or any unauthorized access to your personal information;
  • any technical errors, unavailability of the Website to you in whole or in part or any failure or delay in any way connected with the use of the Website because of the global computer network, ancillary equipment or technology or any other circumstances; and
  • any unauthorized access, alteration of your transmission or data, any material or data sent or received or not sent or received, any breach of security into the Website through the global computer network.
  • Nothing in this Terms of Use shall exclude or limit our liability for death or personal injury arising from our negligence, fraudulent misrepresentation, and misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
  • If we are found liable for any loss or damage which arises out of or is in any way connected with any accessing or use of the Website and/or the Resources, then our liability to you, whether in contract, tort or otherwise for any loss or damage of any kind shall in no event in the aggregate exceed IDR 1.000.000

Intellectual property

  • We and/or the respective third-party providers of information are the exclusive owner(s) of all right, title, and interest in and to all intellectual property with respect to the Website and the Resources, including but not limited to text, graphics, website name, code, images and logos. All materials on this Website are the property of SwissCham Indonesia.
  • You may store, print and display the content supplied solely for your own personal, non-commercial use. However, you are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with your personal website, blog, social network, or any other online resource or any business or commercial enterprise, without prior written permission from SwissCham Indonesia.[B&P3] 

Advertisements and third-party links

  • This Website contains advertisements and links to other websites which are not maintained by us. Similarly, other websites may contain links to this Website. We are not responsible for the contents of any linked third-party websites and does not make any representations regarding the content or accuracy of their materials and shall not be liable for any loss, damages or injury arising from the access to and use of contents of those websites. You should carefully review their privacy statements and other conditions of use. Any links to other websites are provided as a convenience to you as a user of this Website, and does not imply our endorsement or recommendation of, or any association with the linked websites. We disclaim all responsibility and liability for the use of linked websites, which you access and use at your own risk.
  • Any third party that wishes to establish links to this Website should notify us of their intention prior to doing so and shall ensure provided that such links are not likely to damage our reputation or take advantage of it, and such links are not established in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Indemnity

You agree to indemnify, defend and hold SwissCham Indonesia, its officers, employees, agents and affiliates, harmless from and against any and all third party claims, liability, damages and/or costs, including but not limited to, legal fees arising from your negligence or willful default, use and access of this Website and/or the Resources, your breach of this Terms of Use or otherwise arising from any material or content posted by you on the Website or provided by you to SwissCham Indonesia

Newsletters

By setting up an account or becoming a member of the SwissCham, you consent that we may send you our newsletters, updates and any other marketing material. If you do not want to receive the above-mentioned materials, do inform us (by emailing us at the following address: secretariat@swisscham.id) and we will remove your email address from our mailing lists. Opting out of our mailing list will have as consequence that you will not be able to receive the above-mentioned marketing material.

General

By visiting, using and accessing this Website, you agree that the laws of Indonesia, without regard to principles of conflict of laws, will govern our relationship and any dispute of any sort that may arise. You expressly submit to the jurisdiction of the courts of Indonesia.

By using this Website, you hereby forfeit any and all claims, past, present and future against the owners, editors, contributors, administrators, officers, and employees of SwissCham Indonesia.

This Terms of Use constitute the entire agreement between us with respect to the subject matter hereof, and supersedes all previous written or oral agreements between us with respect to such subject matter.

If one or more of the provisions of this Terms of Use is declared invalid, illegal or unenforceable in any respect under any applicable law or decision, the validity, legality and enforceability of the remaining provisions and agreements contained or referred to in this Terms of Use shall not be affected or impaired in any way.

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