Effective Date: 17th March 2020

Please read these terms and conditions before using this Service. By continuing to use the Service (as defined below), you agree to the Terms of Use.

 

1. Preface

PT Gaji Pintar Indonesia (“we”, “us” or “our”) provides www.wagely.app (the “Site”) and Gaji Pintar mobile application (the “Application”) – the Site and the Application, along with the information, features, and services contained therein may be referred to collectively as the “Service”. We provide the Service to you, subject to the following Terms of Use (“Terms”). By using the Service, you agree to be bound by these Terms.

We may, in our sole discretion, modify these Terms. We will, in our best and reasonable effort at our discretion, notify you should there be any modification or amendment to these Terms, i.e., providing notification in the homepage of the Site or updating the Effective Date as provided in the beginning of these Terms.

Please review these Terms periodically when using the Service. By continuing to access and use the Service after these Terms have been modified, you are agreeing to such modifications. In addition, when accessing information and/or using particular services or features of the Service, you shall be subject to any posted guidelines or rules applicable to such information and services or features that may be posted from time to time, including, without limitation, any new features or functionality (including, without limitation, video and related projects) that augment or enhance the information, services or features. All such guidelines or rules are hereby incorporated by reference into these Terms.

Please read these Terms carefully. By accessing and/or using the Service, and any of its pages and features, you agree to be bound by the terms and conditions below. If you do not agree to these terms and conditions, you must leave the Service now. If at any time you do not agree with any of the Terms, you must immediately cease your use of this Service.

 

2. Service

Unless explicitly stated otherwise, any new features or services that augment or enhance the Service in the future shall be considered part of the Service and subject to these Terms. We shall not be responsible or liable for the accuracy, completeness, usefulness or availability of any information or other content, data, text, URLs, graphics, audio and video clips, advertising or any other materials (collectively, the “Content”) transmitted or made available via the Service. We shall not be responsible or liable for any decisions made in reliance on such information.

 

3. Registration

In order to access certain information, products, services, and features offered through the Service, as part of the registration and account creation process, you may be required to register for and create an account with the Service. You will also be required to create a password and provide us with certain registration information. You are bear the sole responsibility to maintain the confidentiality of your password(s) and for all usage or activity on your account, including the use of your account by any person using your password(s). If you choose to register with the Service or otherwise provide personal or other information to the Service, you agree to:

(a) provide true, accurate, current and complete information about yourself as prompted by the Service’s enrollment process or other areas of the Service, and

(b) continuously maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information to us that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse to provide any and all current or future use of the Service (or any portion thereof) to you.

As part of the registration and account creation process, your employer may be required to share certain information with us in order for you to be able to establish an account with you. By accepting these Terms of Use, you hereby provide consent to and authorize your employer, or any of its affiliates, to share certain information relevant for the registration and account creation process. 

As a condition of using the Service, you agree to the Terms of PT Gaji Pintar Indonesia’s Privacy Policy, which may be updated from time to time. Any personal or other information you provide to us is subject to our Privacy Policy. A current version of the privacy policy may be viewed at www.wagely.app/privacy.

 

4. Access

It is our goal, and intention, to make sure the Service will always be accessible for you. We will, in our best and reasonable effort, ensure the continuity and the availability of the Service, with all its Content and features.

However, we may suspend, discontinue, or change any or all part of the Service without any notice. To the extent that it is permissible by law, we will not be liable to you if, for any reason, the Service or any of its content and features is unavailable at any time for any period.

 

5. Third Party Websites

You acknowledge and agree that we are not responsible for the availability of links to websites or resources outside of the Service and do not endorse and are not responsible or liable for any Content, advertising, goods, services or other materials on, available through or provided by such sites or resources. Your correspondence or business dealings with, or participation in promotions of, any websites that you find or link to through the Service, 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 websites. You agree that we 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 links to such websites on the Service.

 

6. Connection to Social Media

If you choose to utilize the functions to connect to social media while using the Service, you acknowledge and agree to abide by the relevant terms and conditions of each respective social media website that we may utilize. The terms and conditions for the social media websites may be found on each respective social media website.

This function is intended to enable you to send newsfeeds about your activities to each of these websites from our Service. Such social media websites may also be able to use information about action you take on our Service.

However, if you choose to publish information on the interactive parts of our Service outside of these privacy settings, or in any way other than through a social media website, such information will be in the public domain, which may be accessed by any person using the websites in any part of the world and can be found using independent search engines and will not be protected by us. If you choose to post information to the interactive parts of our Service in this manner, you do so at your own risk.

You acknowledge and agree that we are not responsible for the availability of such websites, or any other social media websites that we may add to the connect functions, and do not endorse and are not responsible or liable for any Content, advertising, goods, services or other materials on, available through or provided by such websites or resources.

 

7. Proposal

We do not accept or consider creative materials, ideas, or suggestions other than those we specifically request to avoid any misunderstandings if your ideas are similar to those we have developed independently. Do not send us any original creative materials such as images, original artwork, etc. Any communication or material you transmit to us using the Service by e-mail or otherwise will be treated as non-confidential and non-proprietary.

You shall bear the sole responsibility for your own proposals, the e-mailing or posting of any content including, without limitations, photographs, illustrations, audio and video clips and the consequences thereof. You or a third-party licensor, as appropriate, shall retain all patent, trademark and copyright to any Content you propose or display on or through the Service and you are responsible for protecting those rights and obtaining the required consents and authorizations, as appropriate. By proposing any Content to the Site or to us, you hereby grant us or our affiliates the worldwide, non-exclusive, irrevocable, transferable, royalty free and perpetual license to use or publish such submission and Content for any purpose, including, without limitations, reproduction, modification, disclosure, transmission, publication, distribution, creation of derivative works, broadcast and posting in any form, medium or technology throughout the world and in perpetuity without restriction or compensation to you. We are free to use, at our sole discretion, any ideas, concepts, know-how, or techniques contained in any Content or communication you propose to the Service or to us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

You agree that you will use the Service in compliance with all applicable laws, rules and regulations. In addition, by proposing or posting any Content, you represent and warrant that you own or otherwise control all of the rights to the Content that you propose; that all “moral rights” that you may have in such Content have been voluntarily waived by you; that the Content is accurate; and that use of the Content you supply does not violate this policy and will not cause injury to any person or entity. You agree to indemnify us and our affiliates for all claims of every kind and nature, known or unknown, resulting from:

(a) a breach of your representations, warranties or obligations set forth herein,

(b) your actions or Content you supply, or

(c) violation of any law or the rights of a third party,

and hold us and our affiliates harmless from and against all damages, losses and expenses of any kind (including reasonable legal fees and costs) related to such claims.

Furthermore, we reserve the right to refuse, accept, post, display, change, condense, delete or transmit any Content in our sole discretion.

We reserve the right to remove or to refuse to post any proposal or Content for any reason. You acknowledge that you, not PT Gaji Pintar Indonesia, are responsible for the contents of your proposal. None of the Content that you propose shall be subject to any obligation of confidence on the part of PT Gaji Pintar Indonesia, its agents, parent, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.

By submitting your e-mail address in connection with your proposal or posting of any content, you agree that PT Gaji Pintar Indonesia and its third party service providers may use your e-mail address to contact you about the status of your proposal and other administrative purposes, in accordance with our Privacy Policy.

 

8. User Conduct

We assume no responsibility or liability arising from the content of any discussions, chats, postings, transmissions, bulletin boards, and the like on the Service, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Service. You are prohibited from posting or transmitting any content or material that is, or may reasonably be considered to be, abusive, offensive, unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, hateful, racially or religiously biased or offensive, pornographic, or of a sexual nature, profane, illegal, threatening, harassing, intimidating to any person or entity that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting or transmitting any such information or materials.

You shall not use the Service to:

(a) interfere with any other user’s use of the Service;

(b) conduct any unlawful activity;

(c) intentionally solicit or harm minors in any way;

(d) misrepresent your own identity or any affiliation that you may have;

(e) modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Service, Site, Application, or Content;

(f) alter or remove any copyright, trademark or other proprietary rights notices;

(g) “frame,” “mirror,” or “deep link” any part of the Service;

(h) link to any page within the Site, the Application, or Content from any website or webpage that makes any claims as to the curative or health enhancing powers of any substance, whether or not such substance is produced, marketed, sold or distributed by us.

 

9. Modifications to or Discontinuation of Service

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof). You agree that we shall not be liable, to the extent permissible by the prevailing applicable laws and regulations, to you or to any third party for any modification, suspension or discontinuance of the Service.

 

10. Termination

We reserve the right, in our sole discretion, immediately to suspend or terminate these Terms, your account (if you have registered) and/or your ability to access the Service, for certain reasons, including any breach by you of these Terms or conduct by you that we determine to be inappropriate, subject to the provision of the prevailing laws and regulations. Without limiting the foregoing, if you post any images or Content to the Service that infringes the copyright of any third party, such conduct shall be grounds for immediate termination of your account. The Parties hereby agree to waive the applicability of Article 1266 of Indonesian Civil Code, to the extent requires a court decision to terminate this Agreement.

 

11. Proprietary Rights

You acknowledge and agree that the Service and any necessary software used in connection with the Service (the “Software”) contain proprietary and/or confidential information, Content and other materials that are protected by applicable intellectual property and other laws (including, without limitation, copyrights, trademarks, service marks and patents). You acknowledge that you do not acquire any ownership rights in any intellectual property through your use of the Service. Except as expressly authorized by us, you shall not modify, rent, lease, loan, sell, distribute, create derivative works based on, or otherwise use the Software, the Service or any Content contained thereon, in whole or in part. In addition, you shall not copy, reproduce, republish, upload, post, transmit or distribute materials from the Service in any way or manner without our prior written consent.

wagely, the accompanying logos, trade dresses and all other intellectual property used within the Service is owned by PT Gaji Pintar Indonesia or the group that PT Gaji Pintar Indonesia is part of.

 

12. Disclaimer of Warranties

You expressly understand and agree that:

(a) Your use of the Service is at your sole risk. The Service and all information, content, services or products obtained through the Service are provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, as to the operation of the Service or the information, content, services or products included or offered on or through the Service.

(b) We make no warranty that:

(1) The Service or any information, content, services or products obtained through the Service will meet your requirements,

(2) The Service will be uninterrupted, timely, secure, or error-free,

(3) The results that may be obtained from the use of the Service or any information, Content, services or products provided therein will be accurate or reliable,

(4) The quality of any services or any information, Content, services or products obtained by you through the Service will meet your expectations, and

(5) Any errors in the Service will be corrected.

(c) Any material obtained from through the use of the Service is obtained at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from obtaining any such material.

(d) No advice or information, whether oral or written, obtained by you from us or from or through the Service shall create any warranty not expressly stated in these Terms of service.

We reserve the right to amend the Privacy Policy at any time, for any reason. We will update and post the amended Privacy Policy on our Service. Changes to this Privacy Policy are effective when they are posted on this page. When we change the policy in a material manner we will let you know, among others, by updating the “Effective Date” at the top of this page.

If you have any questions or comments about this Privacy Policy please contact us by email at [email protected] and please note you are writing about “Privacy Policy” in the subject or body of the email.

 

13. Limitation of Liability

You expressly understand and agree that we shall not be liable, to the extent permissible by the prevailing laws and regulations, for any material or immaterial damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from:

(a) the use or the inability to use the Service or any product obtained through the Service;

(b) unauthorized access to or alteration of your transmissions or data not caused by our fault or negligence;

(c) statements or conduct of any third party on the Service; or

(d) any other matter relating to the Service.

 

14. No Personal Advice or Endorsement

The Site, the Application, and its Content (including any postings, comments, e-mails or information provided by users) are for informational purposes only and is not intended to replace or substitute for any professional financial, legal or other advice. In addition to the disclaimers and limitations of liability set forth in Sections 12 and 13 above, we and our affiliates make no representations or warranties and expressly disclaim any and all liability in connection with any claims or information offered or provided by users of the Service. Any such claims or information offered or provided by users are not tested, substantiated or endorsed by us and individual results may vary and may not be typical for individual consumers.

 

15. Notice

The Service may provide notices to you including, without limitation, notices of changes to these Terms or other matters by displaying such notices or links to such notices to you generally on the Service.

 

16. Dispute Resolution

All disputes, controversies or claims arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination or the legal relationships established by the Agreement, shall be finally settled by arbitration in accordance with the arbitration rules of the Indonesian National Board of Arbitration, currently at Wahana Graha Lt. 1 & 2, Jalan Mampang Prapatan No. 2, RT.4/RW.1, Duren Tiga, Pancoran, Kota Jakarta Selatan, Daerah Khusus Ibukota Jakarta 12760 (Badan Arbitrase Nasional Indonesia or “BANI”), for the time being in force, which rules are deemed to be incorporated by reference in this clause (the “Arbitration”). The Arbitration shall be before one (1) arbitrator. The place of the Arbitration shall be Indonesia and the language of the Arbitration shall be English.

The Parties expressly agree that there shall be no appeal to any court from the decision or award of the Arbitration and the Parties hereby waive any provision of Indonesian law that would otherwise give a Party the right to appeal or challenge any decision or award of the Arbitration and that, in accordance with Article 60 of the Law No. 30 of 1999 of the Republic of Indonesia (the “Arbitration Law”), no Party shall be entitled to seek annulment, suspension or cancellation of an arbitration award, unless the Arbitration rendering the award or another arbitration tribunal appointed under this Section 16 subsequently determines that the arbitration award contains or is expressly based upon any one of the elements set forth in Article 70 of the Arbitration Law.

 

17. Entire Agreement, Governing Law, Non-Waiver, Severability

These Terms constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements between you and us. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.

These Terms and the relationship between you and us shall be governed by the laws of Republic of Indonesia.

Any failure on our part to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is found to be invalid or unenforceable, the parties nevertheless agree that the other provisions of these Terms remain in full force and effect.

Unless stipulated otherwise in any regulations or law, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

18. Consent to be Contacted

By submitting your contact information to us, you are expressly consenting to be contacted by us by any means of communication. Any use of your personal information will be subject to our Privacy Policy.

In connection with the Service, we may need or want to contact you from time to time in connection with your account or any product or service for which you have begun to inquire and/or completed an enrollment process. You are consenting to be contacted by us by telephone, written notices, email messages, text application, and instant messages. In connection with any such telephone calls, you consent to the use prerecorded/artificial voice messages and/or automatic dialing devices, at any telephone number associated with your account, including mobile telephone numbers that could result in charges to you, or at any

 

19. Language

These Terms have been executed in the English and Indonesian language. In the event of any inconsistency between the English and the Bahasa Indonesia versions of this Agreement, the English version shall prevail.

 

20. Contacting Us

If you have any questions or comments about these Terms, or if you want to report any violations of these Terms, please contact us at [email protected]

 

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© wagely 2020 All rights reserved.