Welcome to our Terms and Conditions page. Here, you will find important information regarding the terms and conditions of using our services.
Greetings!
Thank you for your trust in using Obbidy services. By creating an account and/or using Obbidy services, you declare that you have read, understood, and agreed to these terms and conditions. (“Terms of Use”)
These Terms of Use are an agreement between the user and/or customer(“You” or “User”)and PT Transformasi Ekisitas Digital(“Obbidy” or “We”), a limited liability company legally established and operating under the laws of the Republic of Indonesia. These Terms of Use govern your access and use of the website (www.obbidy.com and other websites that We manage), content and products provided by Us, including ordering, payment or use of services available on the website provided by Us (“Obbidy Services”).
These Terms of Use may be changed or updated from time to time without prior notice. Such changes will be effective upon posting to Our website. We recommend that You check the website periodically to ensure You are aware of any changes.
By continuing to access or use the Obbidy Services, you are deemed to have agreed to the changes to these Terms of Use. If you do not agree to the changes, you may deactivate your account.
Definitions
Unless expressly stated otherwise, capitalized terms used in these Terms of Use have the following meanings:
1. "Obbidy Account” means any account issued by Obbidy, where each account holder will be given a userID, create a password, and be able to use the Obbidy Services.
2. “Personal Data”is data about an individual who is identified or can be identified individually or combined with other information either directly or indirectly through electronic or non-electronic systems.
3. "Electronic Document" means any electronic information, including but not limited to electronic contracts, created, forwarded, sent, received, or stored in analog, digital, electromagnetic, optical, or similar form, which can be viewed, displayed, and/or heard through a computer or electronic system, including but not limited to writing, sound, images, maps, designs, photographs or the like, letters, signs, numbers, access codes, symbols or perforations that have meaning or significance or can be understood by people who are able to understand them.
4. “Intellectual Property Rights” means patents, simple patents, copyright and related rights and other related rights, inventions and software code, moral rights, trademarks and service marks, business names, domain names, product and packaging design rights, design rights, computer software rights, database rights, the right to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority, all rights and all similar or equivalent rights or forms of protection existing or to exist now or in the future anywhere in the world.
5. “Terms of Use” means this terms and conditions of use document governing the use of the Obbidy Site and the Obbidy Services, as available on the Obbidy Site.
6. “Obbidy Services” means compliance documentation services including documentation regarding the protection of Personal Data and/or other Obbidy services stated by Obbidy from time to time through the Obbidy Site.
7. “User”or “You” means any individual including but not limited to Indonesian Citizens (WNI) and/or Foreign Citizens (WNA) or legal entities/business entities that access the Obbidy Site and/or use the Obbidy Services.
8. “Active Period” means the active period of the Obbidy Account during which the User can access and use the Obbidy Services.
9. “Third Party Partner” means a third party other than Obbidy who collaborates with Obbidy in organizing the Obbidy Site and/or providing Obbidy Services.
10. "Obbidy" or "We" is PT Transformasi Eksisitas Digital and/or subsidiaries, affiliated companies (if any) that have a direct or indirect relationship with PT Transformasi Eksisitas Digital.
11. “Obbidy Site” is any Uniform Resource Locator (URL) that uses the domain with the address https://obbidy.com/ or other sites stated by Obbidy from time to time.
1. Obbidy Account Registration
a. In order to use the Obbidy Service, Users can access the Obbidy Site and register to create an Obbidy Account.
b. We have sole discretion to reject your registration, temporarily suspend or cancel an existing Obbidy Account, including but not limited to any indication or We have sufficient reason to suspect fraud, deception, violation of Terms of Use, violation of applicable regulations, or other actions that are unreasonable or suspicious, including failure to fulfill your obligations to Us.
c. Users are responsible for all activities and consequences arising in connection with the use of the Obbidy Service, Obbidy Account and/or User password, and Users are required to maintain the confidentiality of User passwords with great care. All activities carried out using the Obbidy Service and/or User Obbidy Account are considered as activities carried out by the holder of the Obbidy Account. Users are responsible for all losses and legal consequences arising from errors or negligence of the User in maintaining the confidentiality of the User Obbidy Account password. Users are required to immediately notify Us of any suspected or unauthorized use of the Obbidy Service, Obbidy Account and/or password or security threats.
2. Use of Obbidy Account
a. Users may not transfer their Obbidy Account to any party.
b. Users can use their Obbidy Account according to the verification process that has been successfully carried out.
c. The User understands and acknowledges that We are a technology company that provides devices for use by Users and We are not a consulting service provider and/or legal services company so that the accuracy of using Our devices depends on the User. We are not responsible for the compliance and accuracy of the use of the Obbidy Services by the User.
d. The User understands and agrees that all risks arising from the use of the Obbidy Site and/or Obbidy Services are entirely the responsibility of the User and the User hereby agrees to release Us from any claims whatsoever in connection with damage, disruption, or other forms of system disruption caused by unauthorized access by other parties.
e. The User understands that all communications and instructions including but not limited to entering passwords, One Time Passwords (OTP), clicking checkmarks, recording, changing, deleting, and canceling from the User received by Obbidy will be treated as evidence even though it is not made in the form of a written document or wet signature, and the User agrees to release Obbidy from all claims, demands, and compensation that may arise in connection with the implementation of the Users instructions.
3. Use of Obbidy Services
a. The User acknowledges, understands, and agrees that the details of the Product package selected by the User are as stated in the Obbidy Site or other agreements that may be made between the User and Obbidy.
b. These Terms of Use will continue to apply if Users agree to extend the Active Period.
c. Users understand and acknowledge that We are a technology company that provides tools for use by Users and We are not a consulting service provider and/or legal service provider so the accuracy in using Our tools depends on User`s. We are not responsible for User compliance and accuracy in using Obbidy Services.
d. Users understand and agree that all risks arising from the use of Obbidy Site and/or Obbidy Services are entirely the responsibility of Users and Users hereby agree to release Us from any claims whatsoever in connection with damage, interference, or other forms of system interference caused by unauthorized access by other parties.
e. Users expressly release Us, including but not limited to Our shareholders, officers, directors, commissioners, and employees, from all obligations, consequences, material or immaterial losses, claims, costs (including attorney`s fees) or other legal responsibilities that arise or may arise due to Your violation of these Terms of Use including not involving Us in Your relationship with third parties such as customers, employees and authorized government agencies. In the event of direct losses due to Our violation of these Terms of Use, You agree that the maximum amount of compensation that We may provide is limited to the amount of payment of usage fees that You have incurred for a maximum of 12 (twelve) months.
f. We are not responsible for any losses and claims arising from the use of the Obbidy Account, either by you or any other party using the User`s Obbidy Account.
4. Advertising, Communications and Marketing
The User understands that Obbidy may display and/or send advertisements, communications and/or information related to the Obbidy Services on the Obbidy Site.
The User grants Us the right to display and/or send advertisements, communications and/or other information to the User, and to allow Third Party Partners who have collaborated with Us to do the same, to the extent permitted by the Obbidy Privacy Notice.
5. Content and Information
a. The Obbidy Services allow Users to upload, store, send, and receive content.
b. When Users upload, store, send, or receive content to or through the Obbidy Site and/or Obbidy Services, Users grant Us (and Third Party Partners) a license to use, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations, or other changes We make so that User content works better with the Obbidy Services), communicate, publish, and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving the Obbidy Site and/or Obbidy Services, and for developing new services. This license continues even if the User stops using the Obbidy Site and/or Obbidy Services. Ensure that the User has the necessary rights to grant this license to Us for any content that the User submits to the Obbidy Services.
c. Collection, storage, processing, use, and sharing of the User`s Personal Data, such as identity data, contact data, and location data that the User provides are subject to the Obbidy Privacy Notice which is an integral part of these Terms of Use.
6. Statements and Warranties
a. The User is legally competent and authorized to perform legal acts according to the laws of the Republic of Indonesia, including to bind themselves to and implement all the terms and conditions in these Terms of Use.
b. In the event that the User creates an Obbidy Account and/or uses the Obbidy Service on behalf of a legal entity/business entity, the User has the capacity and authority to represent and act for and on behalf of the legal entity/business entity, including but not limited to binding it to comply with and implement all the terms and conditions in these Terms of Use.
c. The User understands and acknowledges that We are a technology company that provides devices for use by Users and We are not a consulting service provider and/or legal services company so that the accuracy of using Our devices depends on the User.
d. The User understands that We will not be involved and will not be involved in ensuring the User`s compliance with applicable laws and regulations and We will not be involved in the User`s obligations to fulfill requests from third parties including the User`s customers and employees and authorized government agencies.
e. The User has read and understood the entire contents of these Terms of Use, and therefore voluntarily agrees to comply with and implement all the terms and conditions in these Terms of Use.
f. The User hereby declares and guarantees that the use of the Obbidy Service by the User will only be used as specified in these Terms of Use in good faith and with full caution and for legitimate purposes and does not violate the provisions of applicable laws in the Republic of Indonesia.
7. Personal Data
The acquisition, collection, processing, analysis, storage, correction, updating, display, announcement, transfer, dissemination, disclosure, deletion, and/or destruction of your Personal Data when you open an Obbidy Account or use the Obbidy Service is subject to the Obbidy Privacy Notice, which is an integral part of these Terms of Use.
8. Ownership and Intellectual Property Rights Clause
The User or the User`s representatives, including all of the User`s employees, do not obtain any ownership rights or intellectual property rights, including but not limited to patents, copyrights, trademarks, trade secrets, over the content available on the Obbidy Site and/or Obbidy Services (including but not limited to all information, software, information, text, letters, numbers, color arrangements, images, logos, names, video and audio, features, and design selection and arrangement). The User agrees not to use Obbidy`s intellectual property rights without the prior written consent of Obbidy. The User acknowledges that any attempt or actual violation of these intellectual property rights provisions will result in the termination of all User rights related to the Obbidy Services.
9. Security and Confidentiality
a. Obbidy takes security and storage measures with due care to protect the confidentiality of User Personal Data from time to time.
b. Any content (including messages) uploaded and sent by Users through the Obbidy system in connection with the Obbidy Service will be stored securely and sent confidentially using industry electronic information security standards.
c. Obbidy maintains access to all data and information, including but not limited to recordings of conversation messages, Personal Data or Electronic Documents that Users upload through the User`s Obbidy Account through the Obbidy system in connection with the Obbidy Service so that only Users and other parties that Users grant permission can access and/or view such data and information.
d. The User understands that Obbidy may provide access or disclose User data and/or information, including but not limited to Electronic Documents or recordings of User conversation messages in order to comply with legal provisions and/or statutory regulations, in the context of law enforcement processes or taking further preventive measures in connection with unauthorized activities, suspected criminal acts or violations of laws or regulations.
10. Limitation of Liability
a. Obbidy provides the Obbidy Service in an “as is” or “as is” condition. The User understands that Obbidy makes no representations or warranties of any kind that:
b. The User understands that the Obbidy Service may experience disruptions or delays caused by the unavailability or disruption of the Third Party Partner services that the User uses or due to disruptions, unavailability, or non-functioning of certain features on the device that the User uses. The User agrees to release Obbidy from any claims, demands or lawsuits in connection with the failure to implement the User`s instructions due to incomplete information delivery from the User or the cancellation or change of instructions submitted to Obbidy, unless the failure to implement the instructions is due to Obbidy`s intention or negligence.
c. The User understands and acknowledges that We are a technology company that provides devices for use by the User and We are not a consulting service provider and/or legal services company so that the accuracy of using Our devices depends on the User.
d. The User understands that We will not be involved and will not be involved in ensuring the User`s compliance with applicable laws and regulations and We will not be involved in the User`s obligations to fulfill requests from third parties including the User`s customers and employees and authorized government agencies.
e. The User agrees to release Obbidy from all claims, demands, and lawsuits for any consequences or losses arising in connection with: (i) the User`s non-compliance with its obligations under applicable laws and regulations including compensation and/or sanctions from third parties including the User`s customers and employees and authorized government agencies; and/or (ii) any disruption, delay, change, or unavailability of Obbidy Services (including in the event that Obbidy cannot implement or continue some or all of the User`s instructions or communications to Obbidy via the Obbidy Site), caused by events or matters beyond Obbidy`s control, including but not limited to natural disasters, war, riots, government policies, banking system failures, monetary crises, changes, additions, reductions, transmissions, damages, losses, transfers, hiding of Obbidy systems, devices, or Services caused by the actions of a party intentionally and without rights or against the law, disruption or unavailability of third-party services including disruption of the internet network, power, telecommunications and electricity on an ongoing basis, or other matters beyond Obbidy`s control.
f. The User agrees that Obbidy is not responsible for any consequences or losses arising from the matters as mentioned above, including but not limited to: (i) loss of data; (ii) loss of income, profits or other revenue; and/or (iii) loss, damage or injury arising from the User`s use of the Obbidy Services.
11. Termination of Use of Obbidy Services and Obbidy Account
a. In the event that the User wishes to terminate the use of the Obbidy Services, the User must close the User`s Obbidy Account and be subject to the terms of termination of the Obbidy Account.
b. The User`s Obbidy Account will be valid without a time limit unless the User sends a written request to the Obbidy e-mail address listed in these Terms of Use to close/terminate the use of the User`s Obbidy Account.
c. The User understands that in the event of a written request to terminate the Obbidy Account from the User, Obbidy may require verification first and request some additional data. In the event that the verification carried out by Obbidy is unsuccessful, Obbidy has the right to reject the request.
d. The User understands that in the event that the User`s Obbidy Account is successfully closed, the User will not be able to access all features in the User`s Obbidy Account including but not limited to all documents in the User`s Obbidy Account.
e. Obbidy, based on its own consideration, may close or terminate the use of the User`s Obbidy Account if the User violates these Terms of Use, carries out activities that may cause losses to Obbidy, or pose a security threat to the Obbidy system, Obbidy Services or other Users. Obbidy may delete the User`s Personal Data in the Obbidy electronic system in the event that:
12. Problem Solving
a. If the User experiences a system disruption, knows or suspects that the User`s Obbidy Account has been hacked, used or misused by another party, or if the User`s personal mobile phone or tablet is lost, stolen, hacked or infected with a virus, immediately report it to Us so that We can immediately take the necessary actions to avoid further use, misuse, or losses that arise or may arise.
b. If the User experiences obstacles or problems related to the Obbidy Service, or payments via the Payment Method, the User can submit a User complaint through the features that We provide, including providing ratings and comments, or by contacting Us.
c. To submit complaints, questions, objections, and others ("Reports"), the User needs to provide sufficient information, including but not limited to, a summary of the facts that have occurred, evidence that the User has, order number, and personal information, such as email address and registered mobile phone number.
d. To respond to each Report submitted by the User, We will first verify by matching the information provided by the User and the User`s personal information contained in Our system. If necessary, We can directly ask the User to provide the information needed for verification purposes.
e. We may refuse to follow up on a User Report if the information the User provides does not match the information contained in Our system or if the Report is submitted in relation to, against, on behalf of or by another party that is different from the owner of the Account in question that is officially registered in Our system. We may stop following up on a User Report if We, in Our sole discretion, consider that the User Report is not supported by sufficient and clear facts, or has been completed. We may also forward the User Report to Third Party Partners including Payment Method providers to be resolved directly by the User and the Third Party Partner.
f. For certain Reports related to the Obbidy Service, We may, in Our sole discretion, facilitate a meeting between the User and the Third Party Partner for the purpose of resolving the problem peacefully and amicably. In such case, if the User still feels the need to take other actions, including any legal action, the User may do so at Your sole personal responsibility.
13. Applicable Law and Dispute Resolution
a. These Terms of Use are governed and interpreted under the laws of the Republic of Indonesia.
b. The User and Obbidy agree that any dispute or disagreement arising from or relating to matters stipulated in these Terms of Use (including any dispute or disagreement caused by any unlawful act or violation of one or more terms and conditions in these Terms of Use) ("Dispute") will be resolved in the following manner:
c. In the event that Obbidy and the User are in the process of resolving a dispute as referred to in this section, Obbidy and the User must continue to carry out their obligations under the Terms of Use unless otherwise determined and agreed by Obbidy and the User.
14. Language
These Terms of Use may be translated into languages other than Indonesian. If there is a discrepancy between the Indonesian version of these Terms of Use and other language versions, the Indonesian version shall apply.
15. Severability
In the event that part of these provisions cannot be implemented, then the remaining provisions shall not be void and shall continue to apply in full force. Obbidy has the right to replace and/or change the void provisions with other provisions as long as permitted by applicable laws and regulations.
16. Contact and Notification
a. Any notification from Obbidy addressed to Users will be announced through the Obbidy Site and/or sent via electronic mail (e-mail), Short Message Service (SMS).
b. Any notification from Users addressed to Obbidy becomes effective when the notification is received by Obbidy via the electronic mail address [email protected].