Term and Condition

Term and Condition

Last Updated April 17, 2020

 

This User Agreement (the “Agreement”) is entered into between PT Waktuin Indo Nusa with registered office in West Jakarta, Indonesia and the user which is a legal entity or an organizational unit of a legal entity that use WaktuIn’s services (the “Service”) both through website and app mobile under the Agreement (the “User”), whether free or provided on a premium or paid subscription basis. By accepting this Agreement, and/or by accessing and using WaktuIn’s Services, the User shall represent and acknowledge to have read, understood, and agreed to be bound by this Agreement. If you cannot accept this Agreement, please do not use the Service.

 

Changes to the Agreement will be made by WaktuIn by publishing the updated version of the Agreement on its website http://waktuin.com/user-agreement. Changes to the Agreement are effective when they are posted on this page. Concur will indicate at the top of this Agreement the date it was last updated. You are advised to review this Agreement periodically for any changes. If you do not agree to the changes, you must stop using the Service.

 

Your failure to abide by this Agreement or any other terms or conditions posted anywhere within the Service may result in suspension or termination of your access to the Service, without notice, in addition to WaktuIn’s other remedies.

 

1. Registration and Account Creation

I. Registration Information

WaktuIn requires you to register and/or set up an account to use all or a portion of the Service. You may be provided, or required to choose, a password, User ID, and/or other registration information, such as phone number (collectively, the "Registration Information"). You agree and represent that all Registration Information provided by you is accurate and up-to-date. If any of your Registration Information changes, you must immediately update it by editing your profile on the Service. 

II. Maintenance of Registration Information

If you register and/or set up an account on the Service, you are solely responsible for maintaining the confidentiality of your Registration Information, and for any failure to do so. You are solely responsible for all use of the Service by you and anyone you allow to access the Service. You may not sub-license, transfer, sell or assign your Registration Information and/or this Agreement to any third party without WaktuIn written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement.

III. Security; Mobile Use Precautions

If you have reason to believe that your account is no longer secure (e.g., loss, theft or unauthorized disclosure or use of your Registration Information or computer or mobile device used to access the Service), you must promptly change the affected Registration Information and notify WaktuIn via the Contact Us page.

If you elect to receive messages or other communications from the Service directly to your mobile device, you are solely responsible for keeping the Service updated with your current phone number. WaktuIn shall not be liable for information sent to a device that is associated with your outdated mobile phone number. If you install any software or enable any service that stores information from the Service on any mobile device or computer, it is your responsibility, prior to transfer of such device, to remove your information or otherwise disable access to such software or service, to prevent unauthorized access to your information or account.

 

2. Use of the Service

I. Personal and Lawful Use Only

Unless otherwise specified, WaktuIn grants you a limited right to use the Service for your personal, non-commercial use only. You agree to use the Service only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.

You will not do, nor attempt to do, any of the following with respect to the Service, except as expressly authorized in writing or otherwise enabled by WaktuIn:

a. Access the Service in a manner or through an interface not provided or authorized by WaktuIn, including but not limited to, any automated means (e.g., scripts or bots);

b. Reproduce, duplicate, copy, sell, trade, resell or exploit the Service; and

c. Republish or syndicate the information available on the Service (including but not limited to information made accessible to non-paying users via any portion of the Service provided on a paid subscription basis).

II. Use by Children

The Service is not intended for users under the age of 18, and WaktuIn does not knowingly collect personally identifiable information from or about individuals under the age of 18, and users are expressly prohibited from submitting personally identifiable information about individuals under 18 to us; any such information submitted by users will not knowingly be used, posted, or retained by us.

III. User Conduct

You agree not to use the Service to upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable. You further agree not to upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

IV. Privacy Policy

We may collect registration, payment, and other information about you through the Service. Our collection and use of this information is described in our Privacy Policy. You agree to our data practices, including the collection, use, transmission and disclosure of your information as described in our Privacy Policy, as well as the transfer and processing of your information to the Indonesia and other countries, regardless of where you use the Service. You acknowledge that the laws, regulations, and standards of the country in which your information is stored or processed may be different from those of your own country.

 

3. Intellectual Property

I. Use of Material

The Service contains material that is protected by state, national and international copyright, trademark and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from the Service. You may download material from the Service and may use the Service for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.

II. Ownership and Control

The content, organization, graphics, text, video, design, compilation, advertising and all other material on the Service, including without limitation, the "look and feel" of this website and Mobile App, are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights and are the property of WaktuIn or its licensors. The copying, rearrangement, redistribution, modification, use or publication by you, directly or indirectly, of any such matters or any part of the website and app, including but not limited to the removal or alteration of advertising, except for the limited rights of use granted hereunder, is strictly prohibited. Special case for images in WaktuIn’s itineraries and Contributors’ itineraries, they do not belong to WaktuIn.

III. Compliance with Laws and Agreement

You agree to use the Service only for purposes that are permitted by any applicable law, rules or regulations, and as permitted by this Agreement.

IV. Interference

You agree not to disrupt, overwhelm, attack, modify or interfere with the Service or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of the Service. You further agree not to alter or tamper with any information or materials on or associated with the Service. Other than connecting to WaktuIn’s servers by http requests using a Web browser or through the Mobile App, you may not attempt to gain access to WaktuIn’s servers by any means, including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Service or otherwise.

V. Linking to Other Sites

You acknowledge that WaktuIn has not reviewed and does not endorse the content of all sites linked to from this Service and is not responsible for the content or actions of any other sites linked to or from this Service. Your linking to any other service or site is at your sole risk. By linking this Service to another service or site, you expressly agree to the disclosure of User Content permitted by or required to support such linking. You acknowledge that the Service may include advertisements and that WaktuIn is not responsible for the content of such advertisements.

 

4. User Content

I. User Responsibility

You are solely responsible for the photos, profiles (including your name, image, and likeness), reviews, messages, notes, text, and other content that you upload, publish or display (hereinafter, "post") on or through the Service, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Service that you did not create or that you do not have permission to post. You understand and agree that WaktuIn may, but is not obligated to, review the Service and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Service or provide to WaktuIn.

II. Content License

When you post User Content to the Service, you authorize and direct us to use and disclose the User Content as necessary to provide the Service and to make such copies thereof as we deem necessary to facilitate the transmission, posting and storage of the User Content on the Service. By posting User Content to any part of the Service, you automatically grant, and you represent and warrant that you have the right to grant to WaktuIn and all other users an irrevocable, perpetual, non-exclusive, transferable to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Service or the promotion thereof, and to prepare derivative works of, or incorporate into other works, such User Content. You may remove your User Content from the Service at any time, but you acknowledge that WaktuIn may not be able to and has no obligation to restrict any use by any other person, including other users, and the license that you have granted remains in effect.

III. Ownership

We do not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in this Agreement and the terms of Section 4(iv), you retain full ownership and responsibility of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

IV. Feedback

Notwithstanding Section 4(iii), if you provide WaktuIn with feedback, suggestions, testimonials, comments, ideas, ratings, reviews, bug reports, or any similar or related information (“Feedback”), you agree that (a) any and all right, title and interest to such Feedback shall become the exclusive property of WaktuIn, (b) WaktuIn shall be able to use and share such Feedback without your consent, only if WaktuIn does not use your first and last name, (c) if you give prior consent, WaktuIn shall be able to use and share such Feedback while including your first and last name, (d) WaktuIn owes you no obligation or compensation whatsoever regarding the Feedback, and (e) WaktuIn may already have contemplated or be contemplating the same or similar ideas as your Feedback. If you do not agree with these terms regarding Feedback, or want to maintain ownership of any intellectual property contained in any specific Feedback, your sole option and recourse is to not submit such specific Feedback to WaktuIn.

 

5. Fees and Payments for Paid Accounts

I. Premium Service Subscriptions

As used in this Section 5, “Premium Service” means any service made available as part of the Service on a paid subscription basis. If you subscribe to any Premium Service, you agree to pay any and all applicable fees (e.g., recurring monthly or annual subscription fees) incurred in connection with your account at the rates in effect when the charges were incurred. WAKTUIN VIA PLAY STORE AND ITUNES WILL AUTOMATICALLY CHARGE YOUR CREDIT CARD AT THE BEGINNING OF THE BILLING PERIOD, AND BILLING WILL RECUR AUTOMATICALLY UNTIL YOU CANCEL YOUR SUBSCRIPTION. If you terminate your premium account, such termination will be effective until the end of your billing period.

II. Cancellation; No refunds

You can cancel your Premium Service anytime, and such cancellation of Premium Service will be effectively active until the end of your billing period, but all fees and charges prior to your cancellation are nonrefundable.

III. Third-Party Charges and Mobile Alerts

You are solely responsible for any fees or charges incurred to access the Service through an Internet access provider or other third parties, including without limitation charges incurred to receive SMS messages or other mobile access, which may be billed to you or deducted from your prepaid balance by Your mobile provider. You agree that WaktuIn is not liable in any way for any third-party charges.

 

6. Promotional Price & Service

We give a promotional price for Premium Service occasionally, which inform through the app, social media, email, or on our website. All the promotional price and service have limited time valid and will get back to regular price and service after the promotion ended.

I. Premium Service Free Trial

The User will have one month free of premium service at a time the User subscribes to the premium Service. One month free will be active in the period beginning. The trial period differs for each promotion.

II. Discounted Price

The User can have a discount for the subscription fee. The amount differs for each existing promotion. For example, in supporting the User during the pandemic, the User can have a special price for $0.99 per month for a year.

 

7. Image Copyright & Complaints

We respect the intellectual property rights of others. If you believe that any material on the Service infringes upon any copyright which you own or control, in accordance with the Digital Millennium Copyright Act, you may send a written notification of such infringement to us at hello@waktuin.com.

 

8. Indemnification

You agree to indemnify WaktuIn and its affiliates, employees, agents, representatives and third-party Service Providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from your submissions, from your unauthorized use of material obtained through the Service, or from your breach of this Agreement, or from any such acts through your use of the Service.

 

9. Liability Disclaimer And Limitation Of Liability

YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW WAKTUIN, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. WAKTUIN, ITS AFFILIATES, AND ITS THIRD-PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE.

 

WAKTUIN DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION INCLUDED IN ANY ITINERARY OR OTHER INFORMATION CREATED OR PROVIDED THROUGH THE SERVICE OR OBTAINED FROM THIRD PARTY HOTELS, AIRLINES OR OTHER TRAVEL SUPPLIERS. USERS ARE SOLELY RESPONSIBLE FOR ENSURING THE ACCURACY OF ALL INFORMATION PROVIDED TO THE SERVICE AND WAKTUIN SHALL UNDERTAKE NO RESPONSIBILITY FOR DAMAGES CAUSED BY THE INCLUSION OF ERRONEOUS, INCOMPLETE OR OUTDATED INFORMATION IN SUCH ITINERARIES.

 

THE HOTELS, AIRLINES, AND OTHER TRAVEL SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES TO YOU ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF WAKTUIN OR ITS AFFILIATES. WAKTUIN’S DISPLAY THROUGH THE SERVICE OF TRAVEL INFORMATION OF, OR ABILITY TO CONNECT ACCOUNTS WITH, SUCH THIRD PARTIES DOES NOT CONSTITUTE ANY SPONSORSHIP OR APPROVAL BY WAKTUIN OF SUCH SUPPLIER OR ANY AFFILIATE OF SUCH SUPPLIER. YOUR INTERACTION WITH SUCH SUPPLIERS IS AT YOUR OWN RISK. WAKTUIN AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR THE ACTS OR OMISSIONS, REPRESENTATIONS OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. WAKTUIN AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE, OR OTHER CAUSES BEYOND OUR DIRECT CONTROL.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WAKTUIN, ITS AFFILIATES, AND THEIR RESPECTIVE SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATED TO THE SERVICES, INCLUDING ANY RELIANCE ON CONTENT OR INFORMATION IN THE SERVICES. REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS SUCH AS THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN WHICH CASE CERTAIN DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT MAY VARY BY JURISDICTION.

 

10. Service Modification and Availability; Termination or Suspension of Access to the Service

WaktuIn has the right to modify the Service at any time without notice, including adding or removing features or functionality. Not all features and functionality will be available in all markets, and the features and functionality of the Mobile App may be different than the version of the Service on the website. WaktuIn has the right to terminate and/or suspend your ability to access the Service or any portion thereof, for any or no reason, without notice.

 

11. General Provisions

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

 

This Agreement is written in the English language. If any translated versions of this Agreement conflict with the English language version, the English language version of this Agreement shall control.