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Terms of Use

Effective date: July 17, 2019

These terms are binding and begin to apply to You (Customers or Invited Users) when You start accessing https://www.koltiva.com (The "Site") or Koltiva Application (The "Application") from Koltiva AG and all its affiliates (The "Koltiva" or "We", "Us", "Our").

By using Koltiva Application, You declare that You have read and understood these Terms & Conditions, and consider to have the authority to act on behalf of anyone registered to use Our Application.

Koltiva has the right to change these Terms & Conditions anytime, and it will take effect when the new or revised Terms & Conditions are attached to the Koltiva Site or Application. Koltiva will attempt to announce changes to You via email or notification through the Site or Application. Because it is quite possible that these Terms & Conditions will change from time after time, it is Your duty to ensure that You have read, understood and agreed to the latest Terms & Conditions available on the Koltiva Site and Application.

Using Koltiva Site and Application

Koltiva Site and Application is owned, operated and provided by Koltiva and is made to provide You with the following:

Availability of Our Services

Unless required by applicable laws and regulations, Koltiva does not provide any warranty, expressed or implied, and makes no representations regarding the Koltiva Application. Specially, even though the Koltiva Site and Application is well implemented, Koltiva does not declare and guarantee that:

Your Obligation

General Obligation

You must make sure that You only use the Site and Application for Your business needs that is right and legally, with the Terms and Conditions and notifications announced by Koltiva or the conditions listed in the Koltiva Site and Application. The account that You have can only be run by yourself, and if You want Your account to be run by someone else, there must be prior approval by Koltiva.

You pledge and release Koltiva and other interested parties in connection with any liability, loss, cost and damage suffered by Koltiva and other interested parties as a direct or indirect result of Your actions inconsistently with or violating part of these Terms & Conditions. Koltiva has the right (at its sole discretion) to obtain exclusive defense and control over everything related to Your compensation, in which case You must assist and work with Koltiva to carry out the defense.

Access term

You must ensure that all the usernames and passwords needed to access the Koltiva Application are stored securely and confidentially. You must immediately notify Koltiva of Your unauthorized use of your password, or other security violations, and Koltiva will reset your password, and You must take all other actions that Koltiva considers important enough to maintain or improve the security of the computer system and the Koltiva network, and Your access to our Application.

As a condition of these Terms, when accessing and using the Koltiva Application, you must:

  • Do not try to weaken the security or integrity of the Site and Application system or the Koltiva network;
  • Do not use or abuse Koltiva Site or Application in any way that can interfere with the ability of other users to use the Koltiva Site or Application;
  • Not trying to get unauthorized access to any material other than those that have been stated clearly that you have obtained permission to access it;
  • Not sending, or entering into the Koltiva Site or Application: any file that can damage other people's computer tools or software;
  • Do not try to change, copy, emulate, and disassemble data or system of Koltiva Site or Application.
Usage Limits

The use of Koltiva Application can be restricted according to the access rights and responsibilities of each user and You can see the restrictions on the Koltiva Application user interface.

Responsibility for Compensation

You release Koltiva from all: claims, claims, costs of loss, damage and loss arising as a result of your violation of the Terms and Conditions set forth in this Agreement, or any obligations that You may have to Koltiva.

Confidentiality and Privacy

Confidentiality

Each party WILL NOT, without written consent from the other party, disclose or provide Confidential Information to anyone, or use it for their own benefit, other than as referred to in these Conditions. The obligations of each party in this provision will survive even if one of the parties has not cooperated again.

The provisions of the article do not apply to information that:

  • It has become public knowledge other than because of violations of this provision;
  • Received from third parties who legally obtained it, and did not have an obligation to limit disclosure;
  • Develop by Koltiva itself.
Privacy

Koltiva owns and maintains a privacy policy that explains and defines the parties obligations to respect personal information. You are advised to read our privacy policy first, and you will be deemed to have agreed to the policy when you agree to these terms & conditions.

Intellectual Property Rights

Copyright and any Intellectual Property Rights that attached to this Site and Application are owned by Koltiva.

Ownership and all Intellectual Property Rights contained in Data is still your property. It is strongly recommended that you keep a copy of all data that you input into the Koltiva Application. Koltiva adheres to the policy and undergoes the best procedures to prevent data loss, including daily system routines for backing up data, but makes no guarantees that there will never be data loss.

As regulated in the applicable laws and in Indonesia regulations that connection with Intellectual Property Rights, no part of the Koltiva Application is permitted to be reproduced, copied, published, made or transmitted in any form in any way without the consent of Koltiva. Failure not to follow this article will result in you being subject to civil and criminal sanctions in accordance with applicable laws and regulations.

Guarantee and Recognition

  1. You acknowledge that you have the authority to use Koltiva Site or Application, and to access information and Data that you input into the Koltiva Application, including any information or Data entered into the Koltiva Application by anyone you have authorized to use the Koltiva Application.
  2. You are also authorized to access information and data that has been processes, which is provided to you through of the use of our Site or Application.
  3. Koltiva is not responsible to anyone other than you, and there is no intention in this Agreement to benefit anyone other than you. If you use the Koltvia Application on behalf of or to benefit someone other than you (as well as a legal entity or not, or others), you agree that:
    • You are responsible for ensuring that you have the right to do so;
    • You are responsible for authorizing to anyone that you providing the access for information or data, and you agree that Koltiva does not have the responsibility to provide access to the information or data to anyone without your authorization, and may show any request to obtain information to You are to be served;
    • You release Koltiva from any claim or loss related to: Koltiva's refusal to provide access to your information or data to anyone in accordance with this provision; Provision of information or data by Koltiva to anyone based on your authorization.
  4. To determine that our Site and Application meets your needs and can be used in accordance with the objectives is your own responsibility.

Others General Provisions

  1. You cannot transfer the rights to another person without the written consent of Koltiva.
  2. If there is a conflict between the two parties, it will try to be resolved by discussion first to reach an agreement. If such an agreement is not reached, then both parties agree to resolve the issue through legal procedures by selecting the legal position of the Republic of Indonesia.
  3. Any notification given based on these Terms by one party to another must be made in writing via email and will be deemed to have been given at the time the transmission was made. Notification to Koltiva must be sent to support@koltiva.com or to another e-mail address notified to you by Koltiva. Notifications to you will be sent to the email address you provided when making your access to our Application.
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