Obbidy Terms Of Use

I have read, understood, and agreed to the Obbidy Terms Of Use.

Welcome!


Thank you for trusting and using Obbidy's services. By creating an account and/or using Obbidy's services, you acknowledge that you have read, understood, and agreed to these terms and conditions ("Terms of Use")


These Terms of Use constitute an agreement between the user and/or customer ("You" or "User") and PT Transformasi Eksistensi Digital ("Obbidy", "We", or , "Us"), a limited liability company legally established and operating under the laws of the Republic of Indonesia. These Terms of Use govern Your access to and use of our website (www.obbidy.com and other websites We manage), as well as 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 amended or updated from time to time without prior notice. Such changes will become effective once uploaded to our website. We recommend checking the website periodically to stay informed of any updates.


By continuing to access or use Obbidy Services, You are deemed to have accepted the changes to these Terms of Use. If You do not agree with the changes, You may deactivate your account.


Definition


Unless expressly stated otherwise, the capitalized terms used in these Terms of Use shall have the following meanings:


a. "Obbidy Account" refers to any account issued by Obbidy, where each account holder is assigned a user ID, creates a password, and may access and use Obbidy Services.


b. "Personal Data" means data about an individual who is identified or identifiable either independently or in combination with other information, directly or indirectly, through electronic or non-electronic systems.


c. "Electronic Document" refers to any electronic information, including but not limited to electronic contracts, created, transmitted, sent, received, or stored in analog, digital, electromagnetic, optical, or similar formats, which can be viewed, displayed, and/or heard via computer or electronic systems, including but not limited to text, sound, images, maps, designs, photos, letters, symbols, numbers, access codes, or perforations that carry meaning or can be understood by a person capable of interpreting them.


d. "Intellectual Property Rights" include patents, utility models, copyrights and related rights, inventions and software code, moral rights, trademarks and service marks, business names, domain names, rights to product and packaging designs, software rights, database rights, rights to use and protect confidential information (including technical know-how and trade secrets), and all other intellectual property rights, whether registered or unregistered, including applications and rights to apply for registration, renewals or extensions, and rights to claim priority, as well as all similar or equivalent rights or forms of protection existing now or in the future anywhere in the world.


e. "Terms of Use" refers to this terms and conditions document governing the use of the Obbidy Site and Obbidy Services, as made available on the Obbidy Site.


f. "Obbidy Services" refer to compliance documentation services including personal data protection documentation and/or other services provided by Obbidy as stated from time to time on the Obbidy Site.


g. "User" or "You" refers to any individual, including but not limited to Indonesian citizens (WNI) and/or foreign nationals (WNA), or legal entities/business entities accessing the Obbidy Site and/or using Obbidy Services.


h. "Active Period" refers to the active period of the Obbidy Account during which the User may access and use Obbidy Services.


i. "Third-Party Partner" refers to any third party other than Obbidy that collaborates with Obbidy in operating the Obbidy Site and/or providing Obbidy Services.


j. "Us", "Obbidy", or "We" refers to PT Transformasi Eksistensi Digital and/or its subsidiaries or affiliated companies (if any) that have a direct or indirect relationship with PT Transformasi Eksistensi Digital.


k. "Obbidy Site" refers to any Uniform Resource Locator (URL) using the domain address https://obbidy.com/ or other sites as designated by Obbidy from time to time.


1. Obbidy Account Registration


a. To use the Obbidy Services, Users may access the Obbidy Site and register to create an Obbidy Account.


b. We reserve the sole discretion to reject your registration, temporarily suspend (freeze), or cancel an existing Obbidy Account, including but not limited to cases where there are indications or reasonable grounds to suspect fraud, deception, violation of these Terms of Use, breach of applicable laws, or other improper or suspicious conduct, including failure to fulfill obligations to Us.


c. Users are responsible for all activities and consequences arising in connection with the use of the Obbidy Services, their Obbidy Account and/or their password, and must exercise due care in maintaining the confidentiality of their password. All activities carried out using the Obbidy Services and/or a User's Obbidy Account are deemed to have been conducted by the holder of that Obbidy Account. Users are responsible for all losses and legal consequences arising from any error or negligence in maintaining the confidentiality of their Obbidy Account password. Users must immediately notify Us of any suspected unauthorized use of the Obbidy Services, any Obbidy Account and/or any password, or of any security threat.


2. Use of Obbidy Account


a. Users may not transfer their Obbidy Account to any other party.


b. Users may use their Obbidy Account following successful verification.


c. Obbidy has the right at any time to modify or cut off access to part or all of the Obbidy Services temporarily when repairs and/or further management are required to improve service to Users or in the event of a suspected data leak or security threat, without prior notice to Users.


d. In using the Obbidy Account and Obbidy Services, the User agrees to comply with all laws and regulations in the applicable jurisdiction where the Obbidy Account or Obbidy Services are accessed or used.


e. The User understands that all communications and instructions including but not limited to entering passwords, One Time Passwords (OTP), checkbox clicks, recordings, modifications, deletions, and cancellations by the User and received by Obbidy will be treated as evidence even if not made in the form of a written document or a wet signature, and the User agrees to release Obbidy from any claims, demands, and damages that may arise in connection with the execution of the User's instructions.


3. Use of Obbidy Services


a. Users acknowledge, understand, and agree that the details of the Product package selected by the User are as stated on the Obbidy Site or other agreements that may be entered into between the User and Obbidy.


b. These Terms of Use shall remain in effect if the User agrees to extend the Active Period.


c. User understands and acknowledges that We are a technology company that provides tools for Users to use, and We are not a consulting and/or legal services provider, therefore, the correct use of our tools depends on the User. We are not responsible for the User's compliance with and accurate use of the Obbidy Services.


d. User understands and agrees that all risks arising from the use of the Obbidy Site and/or Obbidy Services are entirely the User's responsibility, and the User hereby agrees to release Us from all claims regarding damage, interruptions, or any other form of system disruption caused by unauthorized access by third parties.


e. Users expressly release Us, including but not limited to our shareholders, officers, directors, commissioners, and employees, from all liabilities, consequences, material or immaterial losses, claims, legal fees (including attorney's fees), or other legal responsibilities arising from the User's breach of these Terms of Use, including not involving Us in the User's relationships with third parties such as customers, employees, and government authorities. In the event of direct losses due to our breach of these Terms, You agree that the maximum compensation that We may provide is limited to the total amount of service fees paid by You in the last twelve (12) months.


f. We are not responsible for any losses or claims arising from the use of the Obbidy Account, whether by You or any other party using your Obbidy Account.


4. Advertising, Communications and Marketing


Users understand that Obbidy may display and/or send advertisements, communications and/or information related to Obbidy Services on the Obbidy Site.


Users grant Us the right to display and/or send advertisements, communications, and/or other information to Users, and allow Third-Party Partners who have collaborated with Us to do the same, as permitted under the Obbidy Privacy Notice.


5. Content and Information


a. 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 Services, Users grant Us (and our Third-Party Partners) a license to use, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes We make to improve compatibility with Obbidy Services), communicate, publish, and distribute such content. The rights granted under this license are for the limited purpose of operating, promoting, and improving the Obbidy Site and/or Services, and developing new services. This license continues even if the User stops using the Obbidy Site and/or Services. Users must ensure they have the necessary rights to grant this license to Us for any content submitted to Obbidy Services.


c. The collection, storage, processing, use, and sharing of Users' Personal Data, such as identity data, contact data, and location data provided by Users, are subject to the Obbidy Privacy Notice, which forms an integral part of these Terms of Use.


6. Your Representations and Warranties


a. User represents and warrants that: User is legally competent and authorized to perform legal acts under the laws of the Republic of Indonesia, including to bind itself to and perform all terms and conditions in these Terms of Use.


b. In the event User creates an Obbidy Account and/or uses the Obbidy Services on behalf of a legal entity/business entity, User has the capacity and authority to represent and act for and on behalf of that entity, including but not limited to binding it to comply with and perform all terms and conditions in these Terms of Use.


c. User understands and acknowledges that We are a technology company that provides tools for Users to use and We are not a consulting and/or legal services provider, so accuracy in the use of our tools depends on User.


d. User understands that We will not be involved and will not be made involved in ensuring User's compliance with applicable laws and regulations, and We will not be made involved in User's obligations to fulfill requests from third parties, including User's customers and employees, as well as competent government authorities.


e. User has read and understood the entirety of these Terms of Use and therefore voluntarily agrees to be bound by and perform all terms and conditions in these Terms of Use.


f. User hereby represents and warrants that User's use of the Obbidy Services will only be as stipulated in these Terms of Use, in good faith and with due care, for lawful purposes, and will not violate applicable laws in the Republic of Indonesia.


7. Personal Data


The acquisition, collection, processing, analysis, storage, correction, updating, display, disclosure, transfer, dissemination, deletion, and/or destruction of your Personal Data when You open an Obbidy Account or use Obbidy Services is subject to the Obbidy Privacy Notice, which forms an integral part of these Terms of Use.


8. Ownership and Intellectual Property Clause


User and User's representatives, including all of User's employees, do not obtain ownership or any intellectual property rights, including but not limited to patents, copyrights, trademarks, or trade secrets, to content available on the Obbidy Site and/or Obbidy Services (including but not limited to all information, software, text, letters, numbers, color arrangements, images, logos, names, video and audio, features, and the selection and arrangement of designs). User agrees not to use Obbidy's intellectual property without prior written consent from Obbidy. User acknowledges that any attempt or actual violation of these intellectual property provisions will result in termination of all User rights related to the Obbidy Services.


9. Security and Confidentiality


a. Obbidy takes careful security and storage measures to protect the confidentiality of Users' Personal Data over time.


b. All content (including messages) uploaded and sent by Users through Obbidy's system in connection with Obbidy Services will be securely stored and transmitted confidentially using industry-standard electronic information security protocols.


c. Obbidy restricts access to all data and information, including but not limited to message recordings, Personal Data, or Electronic Documents uploaded by Users through their Obbidy Account, so that only the User and authorized parties may access and/or view such data and information.


d. Users understand that Obbidy may provide access to or disclose User data and/or information, including but not limited to Electronic Documents or recordings of User conversations, to comply with legal requirements and/or laws and regulations, for law enforcement processes, or to take further preventive action in relation to unauthorized activities, suspected criminal acts, or violations of law or regulations.


10. Limitation of Liability


a. Obbidy provides the Obbidy Services on an "as is" basis. Users understand that Obbidy makes no representations or warranties that:

  1. i. Use of Obbidy Services will always be timely, always operate without interruption, or always be free from alteration, addition, reduction, transmission, damage, loss, transfer, or concealment caused by intentional, unauthorized, or unlawful acts by any party;
  2. ii. Use of Obbidy Services guarantees compliance with Users' obligations under applicable laws and regulations; and/or
  3. iii. Obbidy Services will always meet Users' expectations.


b. User understands that Obbidy Services may experience disruptions or delays caused by the unavailability or disruption of services from Third-Party Partners used by User, or due to disruptions, unavailability, or malfunction of certain features on the device used by User. User agrees to release Obbidy from all claims, demands, or lawsuits in connection with the non-execution of User instructions due to incomplete information provided by User or due to cancellations or changes to instructions submitted to Obbidy, except where such non-execution is caused by Obbidy's intent or negligence.


c. User understands and acknowledges that We are a technology company that provides tools for Users to use, and We are not a consulting and/or legal services provider, so accuracy in the use of Our tools depends on User.


d. User understands that We will not be involved and will not be made involved in ensuring User's compliance with applicable laws and regulations, and We will not be made involved in User's obligations to fulfill requests from third parties, including User's customers and employees, as well as rightful government authorities.


e. User agrees to release Obbidy from all claims, demands, and lawsuits for any consequences or losses arising in connection with: (i) User's non-compliance with obligations under applicable laws and regulations, including compensation and/or sanctions from third parties, including User's customers and employees as well as competent government authorities; and/or (ii) disruptions, delays, changes, or unavailability of the Obbidy Services (including where Obbidy cannot carry out or continue some or all of User instructions or communications to Obbidy through the Obbidy Site), caused by events or circumstances beyond Obbidy's control, including but not limited to natural disasters, war, riots, government policies, banking system failures, monetary crises, alterations, additions, reductions, transmissions, damage, loss, transfer, or concealment in systems, devices, or Obbidy Services resulting from intentional, unauthorized, or unlawful acts by any party, disruptions or unavailability of third-party services, including sustained disruptions to internet networks, power, telecommunications, and electricity supply, or other matters beyond Obbidy's control.


f. User agrees that Obbidy is not responsible for any consequences or losses arising from the matters described above, including but not limited to: (i) loss of data; (ii) loss of revenue, profit, or other income; and/or (iii) loss, damage, or injury arising from User's use of the Obbidy Services.


11. Termination of Use of Obbidy Services and Account


a. In the event User wishes to end use of the Obbidy Services, User must close User's Obbidy Account and is subject to the Obbidy Account termination terms.


b. User's Obbidy Account will remain in effect indefinitely unless User submits a written request to Obbidy's email address listed in these Terms of Use to close/terminate User's Obbidy Account.


c. User understands that upon a written request to terminate the Obbidy Account, Obbidy may first require verification and request additional data. If Obbidy's verification is unsuccessful, Obbidy has the right to reject the request.


d. User understands that once User's Obbidy Account is successfully closed, User cannot access all features in User's Obbidy Account, including but not limited to all documents within User's Obbidy Account.


e. Obbidy, at its sole discretion, may close or terminate use of User's Obbidy Account if User breaches these Terms of Use, engages in activities that may cause losses to Obbidy, or poses a security threat to the Obbidy system, Obbidy Services, or other Users. Obbidy may delete User's Personal Data in Obbidy's electronic system in the event:

  1. i. User closes or terminates use of User's Obbidy Account and the retention period for Personal Data in the electronic system under applicable laws has lapsed; or
  2. ii. A court order requires the deletion of Personal Data from Obbidy's electronic systems at the request of the Personal Data owner. Deleted Personal Data cannot be restored.


12. Dispute Resolution


a. If User experiences a system disruption; knows or suspects that User's Obbidy Account has been hacked, used, or misused by another party; or if User's mobile phone or personal tablet device is lost, stolen, hacked, or infected by a virus, promptly report it to Us so We can immediately take necessary actions to prevent further use, misuse, or losses that arise or may arise.


b. If User experiences constraints or issues related to the Obbidy Services, or payments through payment methods, User may submit a complaint through the features We provide, including giving ratings and comments, or by contacting Us.


c. To submit a complaint, question, objection, and the like ("Report"), User must provide sufficient information, including but not limited to a summary of the facts, any evidence User possesses, the order number, and personal information such as the registered email address and mobile phone number.


d. To respond to each Report submitted by User, We will first conduct verification by matching the information provided by User with User's personal information contained in Our system. If necessary, We may directly request User to provide information required for verification purposes.


e. We may refuse to follow up on User's Report if the information provided by User does not match the information contained in Our system or if the Report is submitted relating to, against, on behalf of, or by a party other than the owner of the relevant Account that is officially registered in Our system. We may cease following up on User's Report if We, in Our sole discretion, deem that the Report is not supported by sufficient and clear facts, or has been concluded. We may also forward User's Report to Third-Party Partners, including payment methods providers, to be resolved directly by User and the Third-Party Partner.


f. For certain Reports related to the Obbidy Services, We may, in Our sole discretion, facilitate a meeting between User and Third-Party Partners for the purpose of amicable and cooperative resolution. In such a case, if User still considers it necessary to take other actions, including any legal action, User may do so at User's sole responsibility.


13. Governing Law and Dispute Settlement


a. These Terms of Use are governed and interpreted in accordance with the laws of the Republic of Indonesia.


b. User and Obbidy agree that any disputes or disagreements arising from or relating to matters governed by these Terms of Use (including any disputes or disagreements caused by a tort or a breach of one or more terms and conditions in these Terms of Use) (" Dispute ") will be resolved as follows:

  1. i. Either party (" First Party ") must send written notice to the other party (" Second Party ") regarding the Dispute (" Dispute Notice "). The Dispute must be resolved amicably within thirty (30) calendar days from the date of the Dispute Notice ("Amicable Resolution Period")
  2. ii. If the Dispute cannot be resolved by mutual deliberation through the end of the Deliberation Period, the First Party and the Second Party agree that any and all disputes arising from the use of the Obbidy Site and/or Obbidy Services are subject to the exclusive jurisdiction of the South Jakarta District Court, without prejudice to Obbidy's right to file reports, lawsuits, or claims, whether civil or criminal, through the District Court, the Police, or other relevant competent authorities within the territory of the Republic of Indonesia.


c. In the event Obbidy and User are in the process of dispute resolution as referred to in this section, Obbidy and User must continue performing their obligations under these Terms of Use, unless otherwise determined and agreed by Obbidy and User.


14. Language


These Terms of Use may be translated into languages other than Bahasa Indonesia. In the event of any inconsistency between the Bahasa Indonesia version and any other language version, the Bahasa Indonesia version shall prevail.


15. Severability


If any part of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect. Obbidy reserves the right to replace or amend the invalid provision with another provision permitted under applicable laws and regulations.


16. Contact and Notice


a. Any notice from Obbidy to the User will be announced via the Obbidy Site and/or sent via email or Short Message Services (SMS).


b. Any notice from the User to Obbidy becomes effective upon receipt by Obbidy at the email address: [email protected].