Terms and Conditions
1. INTRODUCTION AND ACCEPTANCE OF TERMS
Welcome to force.waluyamandala.ac.id (the “Website”), owned and operated by force.waluyamandala.ac.id (“Company,” “we,” “us,” or “our”). This document, comprising these Terms and Conditions Agreement (“Terms”), outlines the legally binding terms for your access and use of the Website, including any content, functionality, and services offered on or through the Website.
By accessing, browsing, interacting with, or using the Website in any manner, whether as a guest or a registered user, you (“User,” “you,” or “your”) acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms and the Privacy Policy, you must not access or use this Website. Your continued use of the Website signifies your explicit and unequivocal acceptance of these Terms and all other policies referenced herein. These Terms constitute a comprehensive and binding agreement between you and the Company.
The Company provides this Website as a resource primarily focused on Home Exterior topics, which may include, but is not limited to, information, guides, tips, product reviews, design ideas, contractor directories, and potentially e-commerce functionalities for related products or services. The scope and nature of the services offered by this Website may evolve over time.
2. DEFINITIONS
To ensure clarity and understanding throughout this Agreement, the following terms shall have the meanings ascribed to them below:
- “Company,” “We,” “Us,” “Our”: Refers to force.waluyamandala.ac.id, including its administrators, employees, affiliates, and representatives.
- “Website”: Refers to the website located at https://force.waluyamandala.ac.id/ and all subdomains, subpages, content, tools, and services offered thereon.
- “User,” “You,” “Your”: Refers to any individual or entity accessing, browsing, interacting with, or using the Website for any purpose.
- “Content”: Refers to all text, graphics, images, software, audio, video, information, data, compilations, articles, guides, reviews, designs, comments, and any other data or works of authorship, whether contributed by the Company or by Users.
- “Company Content”: Refers to all Content owned, created, or provided by the Company or its licensors, excluding User-Generated Content.
- “User-Generated Content” (UGC): Refers to any Content that Users upload, post, submit, or transmit to or through the Website, including comments, reviews, project photos, forum posts, and any other material they contribute.
- “Services”: Refers to any and all functionalities, tools, resources, and offerings provided by the Company through the Website, including but not limited to informational articles, guides, forums, directories, and potential e-commerce features.
- “Home Exterior Niche”: Refers to the specific focus of the Website on topics related to the exterior of residential properties, including but not limited to roofing, siding, windows, doors, landscaping, decks, patios, painting, gutters, and general home improvement projects pertaining to the exterior.
- “Third-Party Resources”: Refers to any external websites, content, products, services, or advertisements provided by parties other than the Company, which may be linked to or referenced on the Website.
- “Account”: Refers to a personalized user profile created by a User on the Website, which may grant access to additional features or personalized services.
- “Privacy Policy”: Refers to the Company’s separate policy detailing how we collect, use, and protect your personal information.
3. ELIGIBILITY AND ACCOUNT REGISTRATION
3.1. Eligibility
By using the Website, you represent and warrant that you are at least 18 years of age and are fully able and competent to enter into these Terms. If you are accessing or using the Website on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms. The Website is not intended for use by individuals under the age of 18 without parental consent and supervision.
3.2. Account Creation
While you may browse certain parts of the Website without registering, to access certain features, such as posting comments, publishing reviews, submitting project photos, or participating in forums (if available), you may be required to register for a user account (“Account”). When creating an Account, you agree to:
- Provide accurate, current, and complete information as prompted by the registration form.
- Maintain and promptly update such information to keep it accurate, current, and complete.
- Choose a strong, unique password and a username that is not offensive, deceptive, or misleading.
3.3. Account Security
You are solely responsible for maintaining the confidentiality of your Account credentials (username and password) and for all activities that occur under your Account, whether or not you authorized such activities. You agree to notify us immediately of any unauthorized use of your Account or any other breach of security. The Company will not be liable for any loss or damage arising from your failure to comply with this section. We reserve the right to remove or reclaim any usernames at any time and for any reason, including without limitation, when the username is deemed inappropriate, obscene, or otherwise objectionable.
3.4. Account Termination by User
You may terminate your Account at any time by following the instructions on the Website or by contacting us at [email protected]. Upon termination, your access to certain Account-specific features will cease, and some of your User-Generated Content may no longer be accessible or viewable by other users, though residual copies may remain on our servers in accordance with our data retention policies and for legal or operational purposes.
3.5. Account Suspension/Termination by Company
We reserve the right to suspend or terminate your Account and/or deny your access to the Website at our sole discretion, without notice or liability, for any reason, including but not limited to:
- Breach of these Terms.
- Violation of any applicable laws or regulations.
- Inactivity of your Account for an extended period.
- Any activity that we believe is harmful to the Website, other Users, or third parties.
- Any conduct that threatens the security or integrity of our systems.
4. INTELLECTUAL PROPERTY RIGHTS
4.1. Company’s Content
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
All Company Content, including articles, guides, layouts, designs, educational materials, and graphics, are protected by copyright. Unauthorized use, reproduction, modification, distribution, display, or transmission of any Company Content is strictly prohibited, except as expressly permitted by these Terms.
4.2. Trademarks
The Company’s name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
4.3. User-Generated Content (UGC)
As between you and the Company, you retain ownership of any intellectual property rights that you hold in the User-Generated Content you submit to the Website. However, by submitting UGC, you grant the Company a comprehensive, worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, and otherwise exploit your UGC in connection with the Website and the Company’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. This license specifically includes the right to use your username, image, and likeness in connection with your UGC.
4.4. Limited License to Use Company Content
Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website and to view, print, and download a single copy of Company Content for your personal, non-commercial use, provided that you:
- Do not modify the Company Content.
- Retain all copyright and other proprietary notices contained in the original Company Content.
- Do not use any illustrations, photographs, video, or audio sequences or any graphics separately from the accompanying text.
- Do not engage in any automated extraction, scraping, or data mining of the Website or its Content.
Any use of the Website or Company Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
4.5. Copyright Infringement (DMCA Policy)
We respect the intellectual property rights of others and expect our Users to do the same. If you believe that any Content on the Website infringes your copyright, please notify us immediately at [email protected] with the following information as required by the Digital Millennium Copyright Act (DMCA):
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Your contact information, including your address, telephone number, and an email address.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
5. USER-GENERATED CONTENT (UGC)
5.1. Submission of UGC
The Website may enable you to submit, post, upload, display, transmit, or share User-Generated Content, such as comments, reviews, feedback, project photos, forum posts, or other materials relevant to the Home Exterior Niche. By submitting UGC, you acknowledge and agree that your UGC may be publicly viewable and accessible, and you are solely responsible for the content and legality of your submissions.
5.2. Rights Granted to Company for UGC
By submitting UGC, you grant the Company (and its service providers, affiliates, and licensees) a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, openly communicate, and display your UGC (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any copyright that may exist in your UGC, for any purpose, including but not limited to promotional and marketing purposes for the Website or the Company. You waive any moral rights you may have in your UGC. This license includes the right to use your name, likeness, and any identifying information you provide in connection with your UGC.
5.3. User Warranties Regarding UGC
You represent and warrant that:
- You own or control all rights in and to your UGC and have the right to grant the license set forth above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
- Your UGC is original and your own work, or you have obtained all necessary licenses or permissions to use it and to grant the rights granted herein.
- Your UGC does not infringe, misappropriate, or violate any third party’s intellectual property rights, privacy rights, publicity rights, or any other rights.
- Your UGC does not contain any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal or offensive material.
- All information provided in your UGC is accurate, truthful, and not misleading.
- Your UGC complies with these Terms and all applicable laws and regulations.
5.4. Content Standards for UGC
You agree that your UGC will not:
- Be illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
- Promote illegal activities or unlawful acts.
- Contain or promote sexually explicit or violent material.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights of any third party.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
- Contain personal attacks, “flaming,” or “trolling.”
- Be likely to deceive any person.
- Impersonate any person or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising, without our prior written consent.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
- Contain any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
5.5. Monitoring and Removal of UGC
While the Company does not pre-screen or actively monitor all UGC, we reserve the right, but are not obligated, to:
- Remove or refuse to post any UGC for any or no reason in our sole discretion.
- Take any action with respect to any UGC that we deem necessary or appropriate in our sole discretion, including if we believe that such UGC violates the Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
- Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms.
We do not endorse any UGC and expressly disclaim any and all liability in connection with UGC. Your use of UGC is solely at your own risk.
6. PROHIBITED USES AND USER CONDUCT
You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:
6.1. General Prohibitions
- In any way that violates any applicable national, regional, local, or international law or regulation.
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
6.2. Niche-Specific Prohibitions (Home Exterior)
In addition to the general prohibitions, you specifically agree that you will not:
- Post or share any dangerous, illegal, or unethical DIY instructions or advice that could lead to injury, property damage, or legal issues without clear disclaimers and warnings to consult professionals.
- Represent yourself as a licensed, certified, or qualified professional (e.g., contractor, electrician, plumber, architect) in the Home Exterior Niche if you do not hold valid and current credentials.
- Solicit or offer professional services (e.g., contracting, consultation) on the Website in an unauthorized manner, or engage in deceptive practices regarding services or products.
- Submit untruthful, misleading, or fabricated reviews, testimonials, or project details concerning Home Exterior products, services, or contractors.
- Attempt to manipulate ratings, rankings, or recommendations for Home Exterior products, services, or professionals listed on the Website.
- Disseminate information that infringes on the trade secrets, designs, or proprietary methods of any Home Exterior product manufacturer or service provider.
- Post content that encourages or facilitates the circumvention of building codes, safety regulations, or permit requirements in any jurisdiction.
6.3. System & Network Security
You further agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
6.4. Ethical Conduct
You will also refrain from:
- Engaging in any conduct that is unlawful, unethical, disruptive, or otherwise harmful to the Company, other users, or third parties.
- Collecting or harvesting any personally identifiable information from the Website, including account names, without express permission.
- Using the communication systems provided by the Website for any commercial solicitation purposes without our express written consent.
7. NATURE OF INFORMATION AND DISCLAIMER OF WARRANTIES
7.1. Information Purpose Only
The Content provided on force.waluyamandala.ac.id is for general informational and educational purposes only. It is intended to offer insights, ideas, and general guidance related to Home Exterior projects, products, and services. Nothing available on or through the Website should be considered, or used as a substitute for, professional advice.
7.2. No Professional Advice
The Company and its Website DO NOT provide professional advice of any kind, including but not limited to, architectural, engineering, construction, electrical, plumbing, landscaping, design, or legal advice. All information presented is general in nature and may not be applicable to your specific circumstances or local regulations. You should always consult with qualified and licensed professionals (e.g., licensed general contractors, structural engineers, architects, electricians, plumbers, landscapers, designers, local building authorities) before starting any home exterior project, purchasing materials, or hiring service providers. Relying on any information provided on this Website is solely at your own risk.
7.3. Accuracy, Completeness, and Timeliness of Information
We strive to provide accurate and up-to-date information; however, we do not warrant the accuracy, completeness, or timeliness of any Content on the Website. Home exterior technologies, building codes, product specifications, and best practices are constantly changing. The information may contain technical inaccuracies or typographical errors. We expressly disclaim all liability and responsibility for any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its Content.
7.4. Safety Disclaimer for Home Exterior Projects
Home exterior projects, especially those involving construction, power tools, heights, electricity, plumbing, or structural changes, carry inherent risks of personal injury, property damage, or even death.
- Always prioritize safety. Wear appropriate personal protective equipment (PPE).
- Follow manufacturer instructions for all tools and products.
- Understand and comply with all local building codes, permit requirements, and safety regulations.
- If you are unsure about any aspect of a project, or if a project seems beyond your skill level, DO NOT proceed without consulting or hiring a qualified professional.
- The Company assumes no responsibility for any injuries, damages, or losses resulting from your performance of any projects or implementations of any advice or information found on this Website.
7.5. Product and Service Information
Any mention of specific products, brands, or services on the Website is for informational purposes only and does not constitute an endorsement, recommendation, or warranty by the Company. Product specifications, availability, pricing, and performance may vary and are subject to change without notice. Always conduct your own research, read product labels and warranties, and verify information directly with manufacturers or service providers before making any purchasing or hiring decisions. We are not responsible for the quality, accuracy, reliability, or safety of any third-party products or services featured or discussed on the Website.
7.6. General Disclaimer of Warranties
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE WEBSITE AND ALL CONTENT, SERVICES, PRODUCTS, AND MATERIALS PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
7.7. Disclaimer of Implied Warranties
WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT WARRANT THAT:
- THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
- DEFECTS WILL BE CORRECTED.
- THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE.
- THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS.
YOUR USE OF THE WEBSITE AND ANY CONTENT OR SERVICES OBTAINED THROUGH THE WEBSITE IS SOLELY AT YOUR OWN RISK.
8. THIRD-PARTY CONTENT, LINKS, AND REFERRALS
8.1. Third-Party Links
The Website may contain links to websites, services, or resources operated by third parties (“Third-Party Websites”). These links are provided solely as a convenience to our Users. The Company has no control over the content of Third-Party Websites and does not endorse, guarantee, or make any representations or warranties regarding any Third-Party Websites, or any content, advertising, products, or services on or available from such Third-Party Websites. Your use of Third-Party Websites is subject to the terms and conditions and privacy policies of those websites. We strongly advise you to review the terms and policies of any third-party sites you visit.
8.2. Third-Party Content and Services
The Website may also display, include, or make available third-party content (including data, information, articles, applications, and other product services) or provide links to Third-Party Websites or services, including but not limited to advertisements, affiliate links, or sponsored content related to the Home Exterior Niche. We are not responsible for the content, privacy policies, or practices of any third-party websites or services.
8.3. Disclaimer for Third-Party Interactions
Your correspondence or business dealings with, or participation in promotions of, advertisers, contractors, service providers, or merchants found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. The Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Website. This extends to any issues arising from hiring or engaging any professional or service provider found through our Website, directly or indirectly. We do not vet, endorse, or guarantee the quality of work, licensing, insurance, or financial stability of any third-party contractors or service providers listed or mentioned on the Website. Always perform your own due diligence before engaging any third party.
9. POTENTIAL E-COMMERCE AND SERVICE LISTINGS (AS APPLICABLE)
This section outlines terms that would apply if force.waluyamandala.ac.id were to introduce direct e-commerce functionalities for products or services related to the Home Exterior Niche, or comprehensive listings for third-party service providers. While such features may not be active currently, these clauses are included for future applicability and comprehensive coverage.
9.1. Product and Service Listings
Should the Website offer direct sales of products or services, or host detailed listings for third-party Home Exterior service providers (e.g., contractors, designers), we endeavor to display accurate product images, descriptions, pricing, and service details. However, we do not warrant that product descriptions or other content of any product/service offered for sale or listed on the Website are accurate, complete, reliable, current, or error-free. Information about products or services may frequently change.
9.2. Pricing and Availability
All prices for products or services listed on the Website are subject to change without notice. While we strive to ensure accurate pricing, errors may occur. In the event of a pricing error, we reserve the right to refuse or cancel any orders placed for the product or service at the incorrect price. Product and service availability are also subject to change without notice. Items may be out of stock, discontinued, or services may be unavailable at certain times.
9.3. Orders, Payments, and Shipping (If Applicable)
If e-commerce is implemented, specific terms regarding ordering, payment methods, shipping, delivery times, and associated fees will be detailed at the point of purchase. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.
9.4. Returns and Refunds (If Applicable)
Policies regarding returns, exchanges, and refunds for products or services purchased directly through the Website, if any, will be clearly outlined in a separate Returns and Refunds Policy and/or on product pages. These policies will govern your rights and obligations when returning items.
9.5. Contractor/Service Provider Referrals (If Applicable)
If the Website provides a directory or referral service for Home Exterior contractors or service providers, please explicitly understand that:
- We do not guarantee the qualifications, experience, licensing, insurance, or reputation of any listed or referred contractor or service provider.
- We do not perform background checks, verify credentials, or vet these third parties beyond what is explicitly stated (if anything).
- Any engagement with, or hiring of, a contractor or service provider found through this Website is solely between you and that third party.
- The Company is not responsible for the quality of work, performance, results, pricing, scheduling, disputes, or any other aspect of services rendered by third-party contractors or service providers.
- You are strongly advised to conduct your own comprehensive due diligence, including verifying licenses, checking references, requesting proof of insurance, reviewing portfolios, and obtaining multiple quotes and written contracts, before engaging any third party.
10. PRIVACY POLICY
Your privacy is critically important to us. All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. We strongly encourage you to review our Privacy Policy, which is available separately, to understand our practices regarding the collection, use, and disclosure of your personal information.
11. LIMITATION OF LIABILITY
11.1. General Limitation
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES. THIS INCLUDES, BUT IS NOT LIMITED TO, PERSONAL INJURY, PROPERTY DAMAGE (INCLUDING DAMAGE TO YOUR HOME EXTERIOR RESULTING FROM DIY PROJECTS), PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
11.2. Exclusion of Specific Damages
THE LIMITATION OF LIABILITY STATED ABOVE SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF, OR RELIANCE ON, THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OR YOUR USE OF THE WEBSITE.
11.3. Aggregate Liability Cap
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE COMPANY’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, OR OTHERWISE) ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE EXCEED THE GREATER OF (A) THE AMOUNT ACTUALLY PAID BY YOU TO THE COMPANY, IF ANY, FOR ACCESS TO OR USE OF THE WEBSITE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (US$100.00).
11.4. Basis of the Bargain
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN SECTIONS 7 AND 11 REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE COMPANY, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE COMPANY’S ABILITY TO MAKE THE WEBSITE AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.
12. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:
- Your violation of these Terms or your use of the Website.
- Your User-Generated Content.
- Your use of any information obtained from the Website.
- Your negligence or willful misconduct.
- Your interaction with any third-party professionals or services found through the Website.
- Any claim that your use of the Website violates any applicable law or infringes upon any third party’s rights, including but not limited to intellectual property rights, privacy rights, or publicity rights.
This indemnification obligation will survive these Terms and your use of the Website.
13. TERMINATION
13.1. Termination by Company
We may terminate or suspend your access to all or part of the Website and/or your Account, at our sole discretion, without notice or liability, for any reason, including but not limited to:
- Violation of these Terms.
- Engaging in conduct that we deem harmful to the Website, other Users, or third parties.
- Requests by law enforcement or other government agencies.
- Discontinuation or material modification to the Website.
- Unexpected technical or security issues or problems.
- A determination by the Company that it is no longer commercially viable to operate the Website.
13.2. Termination by User
You may discontinue your use of the Website at any time. If you have an Account, you may terminate it by following the procedures outlined in Section 3.4.
13.3. Effect of Termination
Upon any termination, your right to use the Website will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, intellectual property rights, disclaimers, limitations of liability, indemnification, and governing law provisions. Termination of your Account may also include the deletion of your User-Generated Content, though we reserve the right to retain copies for archival, legal, or operational purposes as per our Privacy Policy.
14. MODIFICATIONS TO TERMS
We reserve the right, at our sole discretion, to revise and update these Terms at any time. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. We encourage you to check this page frequently, as these Terms are binding on you. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a “material” change will be determined at our sole discretion. Any changes will not apply retroactively.
15. GOVERNING LAW AND DISPUTE RESOLUTION
15.1. Governing Law
All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Republic of Indonesia without giving effect to any choice or conflict of law provision or rule.
15.2. Informal Dispute Resolution
In the event of a dispute, claim, or controversy arising out of or relating to these Terms or your use of the Website, you and the Company agree to first attempt to resolve the dispute informally by contacting the other party. The Company will contact you at the email address provided in your Account. You will contact the Company at [email protected]. Both parties agree to negotiate in good faith to resolve the dispute before resorting to formal legal action. This informal resolution period shall last for a minimum of thirty (30) days from the date of the first communication.
15.3. Binding Arbitration
If the dispute cannot be resolved informally, you and the Company mutually agree to resolve any claims arising from these Terms or the breach, termination, enforcement or interpretation thereof, or from the use of, or interactions with, the Website and its Content, through binding arbitration. The arbitration shall be administered by a mutually agreed-upon arbitration institution in Indonesia, in accordance with its then-current commercial arbitration rules. The arbitration shall be conducted in the Indonesian language. The decision of the arbitrator shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration proceedings shall be held in Jakarta, Indonesia, or another location mutually agreed upon by the parties.
15.4. Exceptions to Arbitration
Notwithstanding the foregoing, these Terms do not preclude either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Additionally, either party may assert claims in small claims court if the claims qualify and so long as the matter remains in small claims court and advances on an individual (non-class, non-representative) basis.
15.5. Class Action Waiver
YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
15.6. Judicial Forum for Disputes
In the event that the agreement to arbitrate is found not to apply to you or your claim, you and the Company agree that any judicial proceeding (other than small claims actions) will be brought in the courts located in Jakarta, Indonesia, and you and the Company agree to submit to the personal and exclusive jurisdiction of and venue in these courts.
16. MISCELLANEOUS
16.1. Severability
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
16.2. Entire Agreement
These Terms and our Privacy Policy constitute the sole and entire agreement between you and force.waluyamandala.ac.id regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
16.3. Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without the Company’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. The Company may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
16.4. Waiver
No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
16.5. Section Headings
The section headings in these Terms are for convenience only and have no legal or contractual effect.
16.6. Force Majeure
The Company will not be liable for any failure or delay in performing its obligations under these Terms resulting from any cause beyond its reasonable control, including, without limitation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
16.7. Independent Contractor Relationship
Nothing contained in these Terms shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between you and the Company, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
17. CONTACT INFORMATION
To ask questions or comment about these Terms and Conditions, please contact us at:
Email: [email protected]
Website: https://force.waluyamandala.ac.id/
Company Name: force.waluyamandala.ac.id