These Terms and Conditions (“Terms and Conditions“) set out an agreement between PT IQ Edukasi, a limited liability company duly established under the laws of the Republic of Indonesia having its domiciled in Jakarta Selatan (“we“, “our”, “CoLearn”, or “us”) and any of the party who access and/or use (“User“) any application, website, feature, technology, content, and digital products (“Platform“) owned by or operated by us.
By accessing or using our Platform, you hereby represent and warrant to us that you are eligible under law to be a User, i.e., either: (i) you are not under the age of 18 (eighteen) years old; (ii) you have obtained the consent from your legal guardian or parents (as applicable) if you are under the age of 18 (eighteen) years old or under guardianship and such use is made available or consented by your legal guardian or parents; or (iii) you are already married. You acknowledge that we do not have the responsibility to ensure that you conform to the aforesaid eligibility criteria. It shall be your sole responsibility to ensure that you meet the required qualification.
It is clarified that CoLearn will not be responsible for any consequence that may arise as a result of misuse of our Platform or use of our services that may occur by virtue of any person including a person not qualified as aforesaid registering for the use of our Platform or services. If the User does not meet such eligibility conditions, then the User’s action to register, access, use or carry out other activity in our Platform shall be deemed to be under the supervision and legal approval of their parent or guardian. The parent or guardian who has consent or deemed to have consented (as aforesaid) to the User under 18 (eighteen) years old or under the guardianship (as the case may be) shall be fully responsible for all activities of the User in the use of and access to our Platform or services
You represent and warrant that by registering and/or using our Platform, the User and/or the parent or guardian of the User (if the User is under 18 years old) is deemed to have read, understood and agreed to all terms and content in this Terms and Conditions together with amendments/revisions by CoLearn from time to time.
IF THE USER DOES NOT AGREE WITH THESE TERMS AND CONDITIONS, THEN THE USER MAY NOT CONTINUE TO ACCESS AND USE CoLearn PLATFORM/SERVICES/CONTENT.
- Registering for an Account
We will consider any use or order made through a User’s Account as a legitimate request from a User. Please notify us immediately if the User knows or suspects that the User’s Account has been used without the User’s knowledge and consent. We will take actions that we deem necessary and can be carried out against the use without that consent.
- Personal Data of the User
- Akses terhadap Platform
- Subscription and No-refund
You represent and warrant that any information that is provided to us is accurate, true and current. Any deviation from this will result in immediate cancellation of services and User access to our Platform at our sole discretion with no notice or refund/credit of any form.
- Prohibited Uses
- Our platform can only be used by User for things that are justified by law and permitted by these Terms and Conditions. Without limitation, User using our Platform for the following is not permitted:
- In ways that violate applicable local, national, and international laws and regulations;
- In ways that are unlawful or deceptive, or have unlawful or deceptive purposes or effects;
- For the purpose of endangering or trying to harm a minor (including but not limited to any tutors, students and representatives associated in any capacity with CoLearn) in any way;
- Sending, accepting, uploading, copying, plagiarism, downloading (including screenshot or in screen recording), morphing, displaying using or reusing material that is not in accordance with our content standards, Terms and Condition and/or applicable laws;
- Distributing, sharing, casting or sending unwanted or unauthorized advertising or promotional material, and other forms of similar request (such as spam);
- Forwarding data, sending or uploading material containing viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware, or other malicious programs or similar computer code designed to have a detrimental effect the operation of any software or hardware of Platform in any manner.The user hereby agrees to:
- Not to, whether directly or indirectly, reproduce, duplicate, copy, morph, cast, share or resell any part of our Platform (including any content/that contained/accessed in the Platform) that conflicts with the provisions in the Terms and Conditions of our Platform;
- To not access unauthorised, disruptive, destructive, or ruffled:
- any part of our Platform;
- equipment or networks on which our Platform is stored;
- any software used in the provision of our Platform; or
- equipment or networks or software owned by any third party.
In-App Downloading: You are granted license only for in-app download of the educational content in the mobile application or on such Compatible Device so permitted. Screen-casting or downloading on any other device or in any manner not permitted herein shall amount to immediate termination of Subscription along with termination of access to all downloaded educational content with a right to initiate appropriate legal action, at our sole discretion.
- Child Safety Policy
This policy is applicable to all persons and organizations associated with us, including:
- Employees of CoLearn, who maybe full-time or part-time employees, permanent or contract employee;
- Organizations and persons belonging to that organization, who may partner and/or work with CoLearn in any capacity, even for a limited time period or job;
- Volunteers who may work with CoLearn, in whichever capacity, even for a limited period of time;
- Children enrolled as students of CoLearn and their parents or guardians who associate with the child in the official records of CoLearn;
- Children who may not be enrolled but are reached out through marketing or sales of the product and their parents or guardians who associate with the Child; and
- Any other person or organisations who may be officially associated with CoLearn and its ambit of work and activity.
In instances and circumstances where CoLearn may not have required control over the person alleged of any concern under this policy, including an instance of child abuse, CoLearn will endeavour to provide the required cooperation, assistance and support to such parent or guardian of the affected child, in approaching any external, legal mechanism including the Police and/or the Courts, though CoLearn is not personally liable or obligated in such instances.
- Intellectual Property Rights
The User acknowledge and agree that our Platform, including but not limited to any content contained on the Platform, name, logo, program code, design, trademark, technology, database, content and business process and model, is protected by copyright, trademark, patent, moral rights and other intellectual property rights are legally owned registered with governmental bodies authorized on our behalf or our affiliates. Use of the Platform content and content is subject to and refers to these Terms and Conditions. The content, images, sounds and videos on the Platform may only be used by User intact as is without any change, for personal and non-commercial use needs. It is forbidden to download and other uses that violate these Terms and Conditions.
The User may not change paper or digital copies of any material that the User has printed or downloaded in any way, and the User may not use illustrations, photographs, video or audio clips, or other graphics separately from his accompanying text.
User are prohibited from:
- copy, modify, print, adapt, translate, create counterfeit works from, distribute, license, sell, move, publicly display, duplicate, transmit, broadcast via online or offline media, cut, unpack, or otherwise exploit any part of our Platform, including but not limited to paid content and materials on the Platform, whether physical or digital, within the subscription period or completion of the Platform subscription;
- license, derivatives the license, sell, resell, transfer, assign, distribute, or otherwise exploit or commercially or otherwise share our Platform and/or other software associated with our Platform (including our content or data) in any way;
- create internet ‘links’ to our Platform, or adapt (frame), or compute (mirror) any software on servers or wireless devices or other internet-connected devices;
- reverse engineer or access our Platform to (i) build competitive products or services; (ii) build products based on ideas, features, functionality or graphics similar to our Platform; or (iii) copy ideas, features, functions or graphics on our Platform;
- launching automated programs or scripts including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexing, bots, viruses, worms, or any program that may increase server requests per second, or make loads too heavy that interfere with the operation and/or performance of our Platform;
- use robots, spiders, site search or retrieval applications, or other manual or automated equipment and processes to retrieve, index, mine data, or in any way duplicate or circumvent the navigation structure or appearance of our Platform or its content;
- post, distribute, or duplicate in any way material with copyright, trademark, or other proprietary information without previously obtaining the consent of the owner of the proprietary rights; and
- alter or remove any copyright, trademark or other proprietary rights notices contained in our Platform. No license or right is granted to a User implicitly or otherwise based on intellectual property rights owned or controlled by us and our licensors, except for the licenses and rights expressly granted in these Terms and Conditions. User may not use any part of the content on our Platform for commercial purposes without previously obtaining a license to do so from us or our licensors.
Our status (and the status of other contributors that we have identified) as authors of the content on our Platform must always be recognized.
If the User prints, copies, or downloads any part of our Platform that violates these Terms and Conditions, the User’s right to use our Platform will be immediately terminated and the User must, at our decision, return or destroy a copy of the material the User has made..
We reserve our right to investigate or prosecute any form of violation of the Terms and Conditions above in accordance with applicable legal provisions. We may involve and cooperate with the authorities in suing users who violate these Terms and Conditions. The User acknowledges that we are not obliged to monitor User access to our platform, but we have the right to do so with the aim of operating our platform, ensuring the user’s compliance with these Terms and Conditions, or to obey applicable laws or decisions of courts, administrative bodies or other government bodies.
- Uploading Content on Our Platform
The User may use features that allow User to upload content or materials to our Platform, or to connect with other User of our Platform through interactive services (“Content”). Provided that the Content is not justified in connection with the following.
- Contains material that defames someone;
- Contain material that is obscene, offensive, hateful, or inflammatory;
- Promote content related to gambling, sweepstakes and/or betting;
- Promote sexually explicit or immoral material;
- Promoting violence;
- Promote discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age;
- Promoting hacking and/or cracking services;
- Promoting access to fraudulent products, money laundering, multi-level marketing schemes, and pirated products;
- Promoting access to human trafficking and human organs;
- Promote access to illicit substances and narcotics;
- Promoting access to cigarettes and tobacco-based materials;
- Promote unauthorized sale of products that require a license (e.g. drugs, explosives, firearms, etc.);
- Violate any intellectual property rights including copyright, database right, or other people’s trademarks;
- Made in violation of any legal obligations to third parties, such as contractual obligations or confidentiality obligations;
- Promote any unlawful activity;
- Threaten, abuse, or invade the privacy of others, or cause unnecessary interference, inconvenience, or anxiety;
- May harass, offend, humiliate, alarm, or harass anyone;
- Used to impersonate another person, or to forge your identity or affiliation with another person;
- Suggest that the Content is from us, when it is not; and
- Advocate for, promote, or assist in unlawful actions such as (for example only) copyright infringement or computer misuse.
The User guarantees that such Content complies with the standards set forth, and that The User will be solely responsible to us and indemnify us for any breach of such guarantee. Accordingly, the User will be liable for any loss or damage we suffer as a result of a breach of the User’s guarantee.
All Content that User upload to our Platform will be considered non-confidential, non-proprietary and does not violate the intellectual property rights of any party, unless the User declares otherwise to us. The User retain all ownership rights to the User Content, but User are required to grant us a limited license to use, store and copy such Content, and to distribute and make it available to third parties.
We also reserve the right to disclose a User’s identity to any third party claims that the Content User posted or uploaded is a violation of their intellectual property rights, or their privacy rights.
We reserve the right to delete any Content that User upload on our Platform if, in our opinion, the User Content does not comply with the content standards set forth in these Terms and Conditions.
We are not responsible or liable by any third party, for the Content or the accuracy of any Content that User upload to our Platform.
- Actions We Deem Necessary
If we know or have sufficient reason to suspect that the User has committed immoral acts, violations, crimes or other actions that are contrary to these Terms and Conditions and/or applicable laws and regulations, whether or not they are referred to in these Terms and Conditions, then we have the right to and can freeze accounts, either temporarily or permanently, or terminate your access to the Platform, carry out checks, claim compensation, report to the authorities and/or take other actions that we deem necessary, including criminal and civil legal actions.
We will follow up with an investigation and/or facilitate the parties concerned to report to the authorities if we receive a report of a violation that the user has done to these Terms and Conditions or a violation of applicable laws and regulations, relating to verbal harassment or violence, including but not limited to, physical, gender, ethnicity, religion and race.
- Creating Links to Our Platform
The User can link to our Platform, provided that the User do it in a way that is fair and legal and does not damage our reputation or take advantage of it.
The User are not allowed to make links in such a way as to give the appearance of an association, agreement, or support from us when it is not true.
The User are not allowed to link to our Platform on any website that is not owned by the User. We reserve the right to revoke permission for link creation without notice.
- Third Party Links on Our Platform
- Liability of the User
The User are fully liable for every damage and/or claim arising out of the use of the Platform through the User’s account, whether by yourself or any other party using your account, in any manner contradictory to these Terms and Conditions, applicable laws and regulations, violation of any intellectual property rights and/or other activities that may harm the public and/or any other party or which may violate or may be considered as violating our reputation. We do not guarantee that the Platform will be safe or clear from bugs or viruses. The User are responsible to manage suitability, safety, security of the information technology, Access Code, computer program and your platform that you use to access our Platform/services/content (including your sole responsibility to ensure confidentiality and permitted access or use of our Platform and contents). The User shall use your own software, compatible device and your own anti-virus.
You agree to indemnify, defend and hold harmless CoLearn, its officers, directors, employees, consultants and agents, from any and all claim including third party claims, liability, damages and/or costs (including but not limited to advisors or legal fees) arising from Your use of the Platform or services, or any infringement or violation by You or any other user of Your account, of any Terms and Conditions including intellectual property or other right of any person or entity, or applicable laws and policies together with its amendments from time to time.
- Disclaimer and Limitation of Liability
The User understands and agrees that the services in our Platform are provided “as is” and “as available” basis. To the fullest extent possible by applicable laws and regulations, we do not, expressly or impliedly, make any warranties, support or make any representations in connection with the provision of services or content on our Platform, which includes and not limited to: no warranties of merchantability and suitability for a particular purpose and no infringement; and no guarantees that access to or use of the Platform, services or content will not be disturbed or disrupted or not any errors or errors on the Platform will be fixed.
To the fullest extent permitted by applicable laws and regulations, in no case CoLearn, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, losses or expenses or consequential damages, or loss of data, use, goodwill, or other intangible losses, whatsoever resulting from or due to (i) User access to use or use of or inability to access or use the Platform; (ii) any actions or content provided by third parties relating to the Platform; (iii) unauthorized access, use or change of any content on the Platform; or (iv) other problems that have arisen not caused by our violation of these Terms and Conditions. To the extent permitted by applicable laws and regulations, our total responsibility/ liability for all claims arising from violations of these Terms and Conditions is limited to the amount the relevant User paid us for using services on our Platform at the time of claim.
By using and accessing our Platform, the User agrees to independently verify the authenticity and truth of the answers, information, materials and content published in the Platform or website. Further, CoLearn makes no warranty or representation regarding the results that may be obtained from the use of the services on the Platform, regarding the accuracy or reliability of any information (including but not limited to the content, videos and data, etc.) obtained through the services on the Platform or that the Platform/services will meet any user’s requirements, or be uninterrupted, timely, secure or error free. Use of any material and/or data downloaded, viewed or otherwise obtained or accessed through the use of the Platform/services is at your own discretion and sole risk. The entire risk arising out of use or performance of the services remains with you. CoLearn does not assume any responsibility for retention of any user information or communications with or between User. CoLearn cannot guarantee and does not promise any specific results from use of the Platform/services. Use of the Platform and any actions that the User takes on the basis of information contained on the Platform are the User’s own responsibility and risk and we are not responsible for the consequences of the actions the User does.
- Force Majeure
Our Platform and availability of our services (in part or full) may be interrupted by events outside of our authority or control (“Force Majeure”), including but not limited to natural disasters, epidemic, riots, lock-down, power disruptions, telecommunications disruptions, change in applicable laws and government policies, and others. The User agrees to release us and our affiliates from any demands (including claim for refund) and responsibilities, if we cannot facilitate the service (in part or full), including fulfilling the instructions given by the user through the platform, either in part or in full, due to a Force Majeure.
These Terms and Conditions are governed by the laws of the Republic of Indonesia. Any and all disputes arising from the use of the Platform and these Terms and Conditions are subject to the exclusive jurisdiction of the South Jakarta District Court.
These Terms and Conditions is made in Indonesian language and English language. In the event of any inconsistency or different interpretation between the Indonesian language version and the English language version, the User agrees that the Indonesian language version will prevail to the extent of such inconsistency or conflict (as required under applicable law), and the relevant English language version is deemed to be automatically amended to be consistent with the relevant part of the Indonesian language version.
- Other Provisions
- Modification/Amendment: CoLearn reserves the right to modify, suspend, or discontinue the subscription service or plan, or any part of the subscription service or plan, at any time and without notice (except as mandatorily required by applicable law), by posting the revised terms in connection with services. To the maximum extent permitted by law, your continued use of the services following any changes will constitute your acceptance of such changes. We will not be liable to you should it exercise such rights, even if your ability to use CoLearn service /access to content is impacted by the change.
- We can revise these Terms and Conditions at any time by changing terms in this page. Please revisit this page from time to time to notice whether or not there have been any changes we made, because these changes will be binding on the User at all time.
- We may update the Platform from time to time and change its content at any time. However, please be aware that our Platform can have content that is not updated at certain times, and we are not responsible for updating it. We do not guarantee that our Platform, or the content contained therein, can be completely free from errors or omissions.
- User cannot transfer User rights under these Terms and Conditions without our prior written consent. However, we may transfer our rights based on these Terms and Conditions at any time to other parties without the need to obtain prior approval from or provide prior notice to the User.
- If a User does not comply with or violates the provisions in these Terms and Conditions, and if We do not take action directly, it does not mean we waive our right to take the necessary action at a later date.
- These Terms and Conditions remain in effect even after a temporary freeze, permanent freeze, removal of the Platform or after the termination of this agreement between you and us.
- If one of the conditions in these Terms and Conditions cannot be applied, it will not affect the other provisions.
- The User can reach out to us including for any questions regarding these Terms and Conditions, please contact us via firstname.lastname@example.org
Updated on: 3 May 2021..