Please read these terms and conditions carefully These Terms of Service describe the terms and conditions that apply to xpora.id site access and its subdomains (hereinafter referred to as the "Site"). This document is a legally binding agreement between you as a user of the Site (hereinafter referred to as "you") and the xpora.id entity listed in article 2.1 below (hereinafter referred to as "We", "Xpora”, or “xpora.id”).
XPORA is a website intended for prospective entrepreneurs and/or micro, small and medium enterprises (MSMEs). This website is a one-stop solution for its users to find their business growing needs.
FEATURES AND SERVICES
- Implementation and Acceptance of Terms
- You cannot use the Services and cannot accept the Terms if (a) you are not old enough to enter into an agreement/engagement with Xpora (where legal age means a minimum of 18 years), or (b) You are not permitted to receive any Services under the laws of the Republic of Indonesia or any other country/region including the country/region where you live or where you use the Services.
- Xpora may change the Terms and post the resulting Terms on the Site. By continuing to use the Services and the Site, you agree that the amended Terms will apply to you. Xpora is committed that changes to the Terms will not harm Xpora users.
- If in the future Xpora provides a translation of the Terms in another language, you agree that the translation is provided as an option only and that the Indonesian language version will be your primary reference in the use of the Services and the Site.
- You may be required to enter into separate agreements, both online and offline, with Xpora or its affiliates for any Services ("Additional Agreements"). If there is a conflict or inconsistency between the Terms and any Additional Agreements, the Additional Agreements will take precedence over the Terms only in relation to the Services concerned.
- These terms cannot be amended, added, or reduced except in writing by the authorized party appointed in Xpora.
- Provision of Services
- The Xpora contractor entity that you contract with is PT BANK NEGARA INDONESIA (Persero) Tbk., domiciled and headquartered in Central Jakarta.
- You must register as a member on the Site to access and use some of the Services. Xpora will verify the requirements needed to become an Xpora member. Furthermore, Xpora reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) subject to other provisions made by Xpora at our discretion at Xpora.
- The Services (or any features/products within the Services) may vary and differ for each region and or country. No warranty or representation is given that the Services or features or functions or the same type and level of Services or features and functions thereof will be available to Users. Xpora may, in our sole discretion, deny or create different levels of access to and use of any Services (or any features within the Services) with respect to different Users.
- Xpora may launch, modify, update, enforce, suspend, or discontinue any Services (or any features within the Services) without prior notice. In the event of fee-based services provided by Xpora partners (hereinafter referred to as "Partners"), Xpora only plays a role in product pairing and is not involved or responsible for transactions between Users and Partners.
- Several Services may be provided by Xpora Partners on behalf of Xpora.
- Common Users
- As a condition of your access to and use of the Site or Services, you agree that you will comply with all applicable laws and regulations when using the Site or the Services.
- You agree to use the Site or the Services only for your own personal and internal purposes. You agree that (a) you will not copy, reproduce, download, republish, sell, distribute or resell any Service or any information, text, images, video clips, sounds, directories, files, databases or listings, etc. available on or through the Site ("Site Content"), and (b) You will not copy, reproduce, download, compose, or otherwise use the Site content for the purposes of operating a business that competes with Xpora, or otherwise commercially exploit the Site Content. Systematic retrieval of Site Content from the Site to create or compile, directly or indirectly, databases or directories (whether through robots, spiders, automated devices, or manual processes) without Xpora's written permission is neither permitted nor prohibited.
You must read the Xpora
which regulates the protection and use of personal information about Users owned by Xpora and or Xpora and Xpora Partners.
Xpora allows Users to access content, products or services offered by Partners via hyperlinks (in the form of word links, banners, channels or otherwise), API, or otherwise to Partner's website. You are warned to read the terms and conditions and or the
of the Partner's website before using the website. You acknowledge that Xpora has no control over Partner websites, does not monitor such websites, and will not be liable to anyone for such websites, or the content, products or services provided on such Partner websites.
- You agree not to take any action that damages the integrity of Xpora's and or other user’s computer systems or networks, or to gain unauthorized access to such Xpora's/affiliate’s/User's computer systems or networks.
- You agree not to take any action that may undermine the integrity of Xpora's feedback system, such as, for example, but not limited to, leaving unfounded negative feedback against Xpora on social media.
- By submitting your product information to Xpora, and to the extent permitted by applicable law, you grant a perpetual, royalty-free, sub-licensed (through multiple tiers) and globally valid license, to allow Xpora to display, transmit, distribute, reproduce, publish, reproduce, adapt, modify, translate, create derivative works, and use or all User Content in any form of media or technology now known or unknown in any way and for any purpose that may benefit the operation of the Site, the provision of any Services and or your business. You warrant that you have all rights, power and authority necessary to grant the above license. Any information protected by data protection laws will only be used and stored in accordance with those laws.
- Member Account
- A User must be registered on the Site to access or use some of the Services (Registered User is also referred to as "User" below). Xpora may cancel or terminate a User member account if Xpora has the reason to suspect that the User has simultaneously registered or controlled 2 (two) or more accounts for the benefit of potentially or has harmed Xpora. Furthermore, Xpora may refuse a User's application for registration for any reason.
- In the registration process, a Member is the party who sets the account and password. The Member agrees to notify Xpora immediately if he becomes aware of any unauthorized use of your contacts for registration purposes.
- A unique set of Member ID and password is for one account. Each Member is fully responsible for maintaining the confidentiality and security of the Member ID and password and for all activities that occur under that account. No Member may share, assign or authorize use of the Member's account, ID or password by anyone other than the Member's own business entity. In the event that Member knows or suspects that the User ID and Password has been known by another person who is not authorized, the Member must immediately take security by changing the User ID and Password. If for some reason, a Member is unable to change the User ID and or Password, then the Member is obliged to notify the Xpora competent authorities via BNI Call Center (1500046) or Xpora's official email (email@example.com).
- A Member agree that all activities that occur under the Member's account (including without limitation, posting personal/company information of any kind, clicking to accept the Agreement or Additional rules, subscribing or making any payment for any service, sending email using the email account or sending SMS) will be deemed to have been approved by the Member.
- A Member acknowledges that sharing a Member's account with others, or allowing multiple users outside of the Member's business entity to use the Member's account (collectively, "multipurpose"), may cause irreparable harm to Xpora or other Site Users. Member shall indemnify Xpora, our affiliates and representatives against any loss or damage (including but not limited to loss of profits) suffered as a result of repeated use of your account. A Member also agrees that in the event of repeated use of your account or the Member's failure to maintain the security of your account, Xpora will not be liable for any loss or damage arising from such breach and reserves the right to suspend or terminate the member's Account at its sole discretion
- Member Responsibilities
- Each Member represents, warrants and agrees that (a) you have full power and authority to accept the Terms, to grant licenses and authorizations and to perform the obligations hereunder; and (b) you use the Site and the Services only for educational and business development purposes.
- A Member will be asked to provide information or materials about your entity as part of your use of any Service on the Site or member account. Each Member represents, warrants, and agrees that (a) such information and materials/content/data either submitted during the registration process or thereafter as long as the continued use of the Site or Services is true, accurate, current and complete, and (b) you will retain and immediately modify all information and materials/data/content to keep it informative, true, accurate, current and complete.
After becoming a Member, you consent to the inclusion of contacts, information, and/or material/data/content about you in the Xpora database and authorize Xpora and Xpora affiliates to share information with other Users or use your personal information in accordance with the
- Each Member represents, warrants and agrees that (a) the Member is solely responsible for obtaining all necessary licenses and permissions related to User Content that the Member submits or installs; (b) any User Content that a Member submits or posts does not breach or infringe any of the copyrights, patents, trademarks, trade names, trade secrets or other personal or proprietary rights of any Partner ("Partner Rights"); (c) a Member has the right and authority to offer products or services to Xpora or its authorized representatives, and (d) as a party whose products are installed on Xpora, any Member and affiliates are not subject to trade restrictions, sanctions or other legal restrictions imposed by countries, international organizations, or any jurisdiction.
- Each Member further represents, warrants and agrees that any User Content that you submit or post must: a) true, accurate, complete and valid; b) is not false, misleading or deceptive; c) does not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors; d) does not contain discriminatory information or promote discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; e) does not violate any applicable Terms of Service or Additional Agreements; f) does not violate any applicable laws and regulations (including but not limited to those governing export control, consumer protection, unfair competition, or false advertising) or promoting any activity that may violate applicable laws and regulations.
- Each Member further represents, warrants and agrees that the Member will: a) carry out the Member's activities on the Site in accordance with applicable laws and regulations; b) perform service registration or business application in good faith; c) carry out Member activities in accordance with any applicable Terms and Additional Agreements; d) not use the Services or the Site to deceive any person or entity (including without limitation applying for products or services that are the result of theft); e) not impersonate any person or entity, misrepresent the Member or the Member's affiliation with any person or entity; f) not engage in spamming or phishing; g) not engage in other unlawful activities (including but not limited to activities that may be considered a criminal offense, give rise to civil liability, etc.) or encourage or abet any unlawful activity; h) not involve attempts to copy, reproduce, exploit, or take over Xpora's exclusive directories, databases and listings; i) not involve computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware systems, data or personal information; j) not involve any scheme to damage the integrity of data, systems or networks used by Xpora and or users of any Site or gain unauthorized access to such data, systems or networks; k) not be a Member and Member directors, officer, controlling party, affiliate and legal jurisdiction in which any of the above-mentioned persons or entities are organized or have operations, are not persons or entities subject to economic sanctions or fraud from governmental, international or regulatory entities ; and l) not engage in any activity which would otherwise create liability for Xpora or its affiliates.
- A Member may not use the Services and member accounts to engage in activities identical or similar to Xpora.
- If a Member has a business advisor, the Member represents, warrants and agrees that you have obtained all necessary approvals and waivers from your business partners and associates to (a) act as your business referee/consultant; (b send and/or post their contact details and information, letters of reference and recommendation on their behalf; and (c) that Xpora or related affiliates may contact the business referrer to support any claims or statements made about you. You acknowledge that the reference letter of recommendation is true and accurate, and Xpora or its related affiliates may contact the business referrer without obtaining your consent.
- A Member agrees to provide all necessary information, data, materials, and consents, and provide all reasonable assistance and cooperation necessary for the provision of Services made by Xpora, evaluate whether the Member has violated the Terms and or handle complaints against the Member. If a Member's failure to do so results in the delay, or suspension or termination, of the provision of any Service, Xpora shall not be obliged to extend the relevant service period or be liable for any loss or damage arising from such delay, suspension or termination of employment.
- Xpora does not need to be actively tasked with curating and monitoring any materials, information, services, and content posted on the Site. A Member is solely responsible for the content of their content and may be held legally responsible or liable for their materials or comments posted on the Site or submitted to Xpora.
- A Member acknowledges and agrees that the Service may only be used for non-competitive business interests with Xpora, whether the Member is an individual, a business owner, or a representative of a business.
- A Member acknowledges and agrees that each Member is responsible for complying with applicable laws and regulations in their respective jurisdictions to ensure that all use of the Site and Services conforms to the same.
- Violation by Member
- Xpora reserves the right in our sole discretion to remove, modify or reject User Content that you submit or post on the Site that we deem to be unlawful, violates the Terms, may be carried out by Xpora or Xpora affiliates for liability, or is otherwise inappropriate in Xpora's opinion.
- If a Member violates the Terms, or if Xpora has reasonable grounds to believe that the Member violates any Terms, Xpora reserves the right to take any action it deems necessary under the applicable provisions, including but not limited to: (i) suspend or terminate a Member's account and all accounts determined to be associated with such Member's account by Xpora in its sole discretion; (ii) limit, downgrade, suspend or terminate access to or use of any current or future Services; (iii) remove any product listings or other User Content that a Member has submitted, or impose a limit on the number of product listings or User Content that a Member can post; (iv) impose other restrictions on a Member's use of any feature or function of any Service Xpora deems appropriate in its own industry policy; and (v) any other corrective, disciplinary, or punitive action by Xpora in accordance with its own policies and/or applicable laws and regulations.
- Without limiting the general nature of the provisions of the Terms, a Member will be deemed to have violated the Terms in the following circumstances: a) upon a complaint or claim from any Partner, Xpora has reasonable grounds to believe that a Member is willfully failed to deliver the goods ordered by that Partner after receiving the purchase price, or if the items submitted by the Member do not materially match or conform to the requirements and descriptions outlined or set forth in your contract with that Partner; b) Xpora has reasonable grounds to suspect that a Member has used untrue, incomplete or false information and other misleading information in any activity (including displaying Content and Services) with Xpora; c) Xpora has reasonable grounds to suspect that any information provided by a Member is not up to date or complete, inaccurate or misleading, or d) Xpora believes that a Member's actions may result in financial loss or legal liability to Xpora or Xpora affiliates or other Users.
- Xpora reserves the right to fully cooperate with any government authority and/or injured Partner in investigations of alleged violations, fraud, forgery, embezzlement and or other crimes in accordance with applicable laws and regulations. Further, to the extent permitted by applicable laws and policies, Xpora may disclose a Member's identity, contact information and/or information regarding the Member's account, activities carried out on or through the Site, if requested by any government or law enforcement agency, injured Partner, or as a result of a subpoena or other legal action. Xpora is not responsible for any damages or proceeds arising from such disclosure, and Member agrees not to take any action or claim against Xpora for such disclosure.
- Xpora may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate a Member's use of the Services or the Site without liability to the Member if Xpora has received notice that the Member is in breach of any agreement or commits with an affiliate of Xpora, such breach involves or is reasonably suspected of involving dishonest or fraudulent activities. Xpora is not required to investigate the breach or seek confirmation from the Member.
- Each Member agrees to indemnify Xpora and Xpora's affiliates/representatives, from any and all damages, losses, claims and liabilities (including legal fees on a full indemnity basis) that may arise from your submissions, from your use of the Site or Services, or of your violation of the Terms.
- Each Member further agrees that Xpora is not responsible for, and will not be liable to you or anyone else for any User Content or other material submitted through the Site that meets elements including fraud, embezzlement, incorrect, misleading, inaccurate products, defamatory, offensive content, or prohibited/restricted material. The risk of damage from these materials is entirely each Member’s responsibility. Xpora or Xpora affiliates have the right, at Xpora's expense, to make a request for compensation to a Member who has done harm to any User, member, Partner, in which event the Member will cooperate with Xpora in asserting any available defenses.
- Consumption Activities of Xpora’s Products and Services
- Through the Site, Xpora provides an electronic website to post information and product offers from Xpora, Partners, or related affiliates. Xpora also provides electronic web facilities for Members to place, receive, conclude, and manage information for the purpose of using products on the Site. However, for any service, Xpora does not provide transaction services directly on the website. Xpora in this case only serves as a curator, namely the party that assesses the quality, security, validity and availability of the Services offered on the Site. However, decisions regarding the use of the Services in any form are the responsibility of the Member.
- A User is hereby made aware that there may be a risk of dealing with people acting under false identities and pretexts. Xpora reminds that all correct information regarding Xpora can be confirmed via official email (firstname.lastname@example.org) or BNI Call Center (1500046). If a User reports an alleged fraudulent act either with a false identity or the original identity of BNI/Xpora, Xpora can assist (but does not guarantee success) in confirming the identity of the perpetrator of the alleged fraud. Xpora encourages all Users without exception to use various means, as well as common sense, to evaluate who you are communicating with.
- Each User acknowledges that he fully bears the risk in using the Site or Services offered through the Xpora website, and that he fully bears the risk of liability or damage of any kind in connection with any further activities in any form relating to the products or services that are the subject of using the Site. Such risks must include, but are not limited to, misrepresentation of business data and or use of products or services offered or displayed on the Site which may violate or may be declared infringing on Partner Rights, and the risk that the User may incur defense fees or other fees in connection with the Partner's declaration of Partner Rights, or in connection with claims by any party that they are entitled to a defense or remedy in connection with the assertion of rights, claims or suits by any claimant of Partner Rights. Each User agrees that Xpora will not be responsible or liable for any damages, claims, liabilities, costs, harm, inconvenience, business interruption or expenses of any kind that may arise as a result of or in connection with Transaction Risk.
- A User is fully responsible for all terms and conditions of use of information and or products posted on the Site or Services.
- A User agrees to provide all information and materials that Xpora may reasonably require in connection with your activities carried out on, through or as a result of using the Site or Services. Xpora has the right to suspend or terminate any User's account if the User fails to provide the required information and materials.
- If a User has a dispute with any party for a use of a product or service displayed on Xpora, the User agrees to release and indemnify Xpora (and our agents, affiliates, directors, officers and employees) from all claims, suits, actions, proceedings, costs, expenses and damages (including but not limited to actual, special, incidental or consequential damages) arising out of or in connection with such activities.
- Liability limitation
- Xpora does not guarantee the validity, accuracy, reliability, or other aspects of quality assessment of the products offered at Xpora. Xpora does not represent the products located on the Site. Xpora's job is to compile the content, or material posted on the Site, both from Xpora and from Partners.
- Any material downloaded or obtained through the Sites is done at the User's own discretion and risk and each User is fully responsible for any damage to the computer system made by Xpora or loss of data that may result from downloading such material. No advice or information, whether oral or written, obtained by any User from Xpora or through or from the Site shall create any warranty not expressly stated herein.
- The Site may post Services provided by independent Partners. No warranties or representations are made with respect to such services or products. Under no circumstances shall Xpora and Xpora affiliates be responsible for any such services or products. Xpora's role is to curate and install Partners’ products on the Site.
- Each User hereby agrees to indemnify Xpora and Xpora affiliates from any and all losses, claims, liabilities (including legal fees on a full indemnity basis) that may arise from such User's use of the Site or Services (including but not limited to information display such users on the Site) or from your breach of any of the terms and conditions of the Terms.
- Each User hereby further agrees to indemnify Xpora and or Xpora affiliates from any and all losses, claims, which may arise, directly or indirectly, as a result of claims asserted by any claimant of Partner Rights or other Partners relating to information products offered or displayed on the Site. Each User hereby further agrees that Xpora is not responsible and will not be liable to you, for any material submitted by others, including libelous, offensive or illegal material and that the risk of damage from such material is solely the responsibility of each User. For this, Xpora will cooperate with User for materials that have caused harm sent by any other parties.
- Xpora shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages (including but not limited to damages due to lost profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damage resulting from any of the following: a) use of or inability to use the Site or the Services; b) violation of Partner Rights or claims or suits that the manufacture, import, export, distribution, offer, display and or use of products or services offered or displayed on the Site by Users may violate or may be declared to violate Partner Rights; or claims by any party that they are entitled to a defense or remedy in connection with the assertion of rights, suits or claims by any claimant of Partner Rights; c) unauthorized access by Partner to any User's personal data or information; d) statements or conduct of any Site User; or; e) all matters relating to the Services but arise, including negligence.
- Notwithstanding the foregoing, the aggregate liability of Xpora, our employees, agents, affiliates, representatives, or anyone acting on our behalf with respect to any User for all claims arising from the use of the Site or Services during any calendar year will be limited to the greater of (a) the amount of fees that the User has paid to Xpora or our affiliates during the calendar year and (b) maximum amount permitted under the applicable law. The foregoing sentence shall not preclude the requirement by the User to prove an actual damage. All claims arising from the use of the Site or the Services must be filed within one (1) year from the date of occurrence of the action or the longer period as specified in the applicable laws governing these Terms of Service.
- Limitations and exclusions of liability to you based on the Terms apply to the maximum limit permitted by the applicable laws and regulations.
- Force Majeure
- Under no circumstances shall Xpora be liable for any delays or failures or interruptions to content or services provided through the Site that result directly or indirectly from acts of nature, force or causes beyond our reasonable control, including but not limited to, natural disasters (such as but not limited to earthquakes, typhoons, floods, volcanic eruptions), epidemics, sabotage, mass strikes, riots, wars, revolutions, fires, explosions, chaos caused by circumstances economic/political/legal, rebellion, constitutional change of government, economic and monetary policies that significantly affect the implementation of content or services.
- Intellectual Property Rights
- Xpora is the sole owner or legal licensor of all rights and interests in the Site and the Site Content. The Site and the Site Content embody trade secrets and other intellectual property rights protected by copyright and other laws around the world. All rights, title and intellectual property rights in the Site and the Site Content will remain with Xpora, our affiliates or licensors of the Site Content. All rights not claimed in these Terms or by Xpora are hereby reserved.
- “Xpora” and related icons and logos are registered trademarks or trademarks or service marks of PT BANK NEGARA INDONESIA (Persero) Tbk., and related icons and logos are trademarks or registered trademarks or service marks of PT BANK NEGARA INDONESIA ( Persero) Tbk., in various jurisdictions and protected by the applicable laws of copyright, trademark and other proprietary rights laws. Unauthorized copying, modification, use or publication of these marks is strictly prohibited.
- Xpora may engage independent Partners to be involved in providing the Services (e.g. authentication and verification service providers). You may not use the trademarks, service marks or logos of such independent Partners without prior written consent of those parties.
- All notices or lawsuits to or against Xpora must be submitted electronically to Xpora's official e-mail (email@example.com). A notification will take effect when received by Xpora in the manner stated hereinabove.
- All notices or lawsuits to or against a User will apply if delivered personally, sent by courier, official mail, by facsimile or email to the last known correspondence, fax or email address provided by the User to Xpora, or by posting a notice or request in areas of the Site that are publicly accessible at no charge. A notification to a User will be deemed received by that User if and when: a) Xpora can show that a communication, whether in physical or electronic form, has been sent to that User, or b) as soon as Xpora posts such notice in a publicly accessible area of the Site free of charge.
- You agree that all agreements, notices, demands, disclosures and other communications that Xpora sends to you electronically satisfy the legal requirement that such communications must be in writing.
- GENERAL TERMS
- These Terms constitute the entire agreement between you and Xpora with respect to and govern your use of the Site and the Services, superseding any prior written or oral agreements with respect to the same subject matter herein.
- Xpora and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is contemplated or created by the Terms.
- If any of the provisions in the Terms are deemed invalid or unenforceable based on the provisions of the applicable laws and regulations, then those provisions will be deleted and other provisions will remain valid and enforceable.
- The title is for reference purposes only and in no way defines, limits, interprets or describes the scope or breadth of the section.
- Xpora's failure to enforce any right or failure to act with respect to any breach by you under these Terms will not constitute a waiver of that right or a waiver of Xpora's right to act with respect to subsequent or similar violations.
- Xpora has the right to transfer the Terms (including all of our rights, rights, benefits, interests, and obligations and obligations in these Terms) to any person or entity (including affiliates of Xpora). You may not assign, in whole or in part, the Terms to any person or entity.
- The Terms will be governed by the laws of the Republic of Indonesia without regard to conflict of law provisions and the parties to the Terms agree to submit to the exclusive jurisdiction of the courts of the Republic of Indonesia.
- If you have comments or complaints about the Services we provide to you, you can call our customer support service phone number at BNI Call Center (1500046) and or Xpora official e-mail (firstname.lastname@example.org). for Xpora with any kind of feedback or questions.