Term Of Service

Terms of Service of this website is an agreement between:

PT LUMINA KAYA INDONESIA

An incorporated company with limited liability established under the laws of the Republic of Indonesia, with Business Identification Number 9120302422092, domiciled in Indonesia, Jl. Jenderal Sudirman Kav 52-53, Senayan, Kebayoran Baru, South Jakarta

(hereinafter referred to as Company, KAYA.ID, We or Us)

dan

You, Website Visitor and Website User

(hereinafter referred to as Visitor, You, or Your/Yours)

(hereinafter referred to as “Terms of Service” or “Terms”)

Company, KAYA.ID, We or Us and Visitor, You, or Your/Yours individually shall be referred to as the “Party”, and jointly the “Parties”.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING THIS WEBSITE. These Terms of Use govern KAYA.ID services and constitute a binding agreement between us and you concerning your use of this website. These Terms apply only to this Website and do not apply to any other application or website operated by the Company or any third party.

1. This Website service is not intended for children under the age of 13. We are unable to identify whether you are a child under the age of 13 or not. If you are a parent or guardian, and you are aware that your child has sent your personal data to us, please contact us immediately. If we identify that the data we collect comes from children under the age of 13 without the permission of their parents, we will remove the data from our servers.
2. If we need consent as a legal basis for processing your information and your country’s jurisdiction (if applicable) requests/requires parental consent, we are able to request consent from your parents before we collect and use the information.

Definitions in bold used on this website include:

• PT Lumina Kaya Indonesia or KAYA.ID is an Incorporated Company established and subject to the provisions of the law of the Republic of Indonesia which has the KAYA.ID website and in this case as a national business incubator service provider.
• Company or We/Us is PT Lumina Kaya Indonesia.
• You are an individual, legal entity, business entity, or other group representing an individual, legal entity, or business entity, who accesses or visits, or uses the Website’s services.
• Affiliate is any person or entity that either directly or indirectly controls, is controlled by, or is under control by, or is in joint control, either directly or indirectly with KAYA.ID because of ownership, contract, or has a special relationship due to management control. or use of technology, including but not limited to its parent company and subsidiaries.
• Country or State is the Republic of Indonesia
• Applicable Law means all laws, decisions, stipulations, regulations, orders, provisions, or regulations (each of which has the force of law), including changes, modifications, exceptions, replacements, and rearrangements, including but not limited to provisions civil and criminal law in general, and specifically regarding/in the fields of intellectual property rights, education, libraries, micro, small and medium enterprises, finance technology, communications, informatics, statistics and coding, banking, money laundering, consumer protection, health, medicine and food, cosmetics, trade, taxation applicable in the Republic of Indonesia.
• Content is all contents of the Website, without exception, including but not limited to text, images, journals, graphics, videos, sounds, scripts, photos, audio-visual materials, icons, advertisements, photos, databases, trademarks, trade information, and other materials, but excluding third party content; in the form/format/initial model including any changes; as well as all forms, formats, models, and types of new findings in the future that can become Website Content.
• The website is KAYA.ID’s official Website; https://www.kaya.id/
• Personal Data is any data, information, and/or information in any form about you, which you provide or convey to us from time to time, which we collect, process, and use for our website.
• Cookies are small pieces of information/files that are transferred by the Website to the hard drive/disk of the device you are using, for recording purposes and are an important part of which includes standard internet log information and website visitor behavior information such as your browsing history on our website.
• Device is a tool that can be used to access or visit the Website such as a personal computer, mobile phone, or digital tablet.
• Data Usage is data that is collected automatically, including that taken from you who use the Website or from our service infrastructure (for example, the duration of a website visit).

Interpretation:

For the entire purpose and goal of the Agreement, unless expressly provided otherwise or unless the context otherwise requires:

1. The terms defined in these Terms in the singular have a correlative meaning when used in the plural form and vice versa.
2. The distribution of this Agreement into articles and paragraphs and the use of titles are intended to facilitate reference and have absolutely no effect on the composition or understanding of this Agreement.
3. Reference to these Terms or other documents includes such documents as amended, revised, replaced, updated, extended, restated, or innovated from time to time.
4. The reference to the words “agree”, “agreed’, “approved”, “approval”, or “confirmation” is interpreted as an agreement, which is an act of one Party to bind itself to the other Party in this Agreement, except if expressly stated otherwise in this Agreement.
5. A Party or any person including its heirs, legal proxies, or transferees of business and successors or beneficiaries of such Party.
6. The Parties agree to continue to use several technical terms and several terms/abbreviations that are already known/understood by the Parties in the text of these Terms in order to equalize understanding between the Parties regarding the meaning of these terms.

1. The following terms and conditions explain the rules and conditions while using PT Lumina Kaya Indonesia Website service at the address https://www.kaya.id/ 
2. By accessing this Website, we assume you have agreed to these terms and conditions. Do not continue to access the Website if you refuse to agree to all the terms and conditions listed on this page.

1. This website uses Cookies to personalize your online experience. By accessing the Website, you consent to the use of necessary Cookies.
2. Cookies are text files that are placed on your hard disk by a web page server. Cookies cannot be used to run programs or send viruses to your computer. Cookies that are provided have been customized for you and can only be read by the web server in the domain that sent the Cookie to you.
3. We may use Cookies to collect, store, and track information for statistical and marketing purposes to operate our website. There are some mandatory Cookies that are required for the operation of our website. This cookie does not require your consent as it will always be active. Please note that by agreeing to mandatory Cookies, you also consent to third-party Cookies, which may be used through services provided by third parties if you use these services on our Website, for example, video display windows provided by third parties integrated with our Website.

1. PT LUMINA KAYA INDONESIA and/or its Licensees own the Intellectual Property Rights on all materials owned by KAYA.ID. You can access it for personal use with the limits that we have set. From these limitations, you are prohibited to:
   • Copy or republish material from KAYA.ID
   • Sell, Rent, or sub-license material from KAYA.ID
   • Reproduce, duplicate, or copy material from KAYA.ID
   • Redistribute content
2. The licensing agreement will enter into force on the date of these Terms of Service.
3. You hereby grant the Company a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit your Comments in any forms, formats, or media.

1. Creating a link (Hyperlink) to the Website without our consent can be done, however, it is only limited to the following organizations or institutions:
   • Government institutions
   • Search Engines
   • News agency
   • Online directory distributors may link to our Website in the same way as linking to the Websites of other listed businesses; and
   • System-wide Accredited Business except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups that may not hyperlink to our Website.
2. We may, with our consideration and authority/discretion, consider and approve link requests from organizations or institutions other than the provisions of point a., provided that the type of organization includes the following:
   • Commonly known sources of business and/or consumer information;
   • Community website [dot].com
   • Online directory distributors;
   • Internet Portals;
   • Trade association.
3. Organization or Institution as referred to in point a. and point b. may link to the home page, to publications, or to other information on our Website as long as the link includes:
   • Not deceiving in any way;
   • Does not falsely imply a sponsorship relationship, recommendation, or approval of the linking party and its products and/or services; and
   • In accordance with the context of the linking party’s website.
4. If you are one of the organizations/institutions referred to in point c. and are interested in linking to our website, you must notify us by sending an email to PT LUMINA KAYA INDONESIA. Please include your name, the name of your organization, your contact information, and the URL of your website, a list of any URLs that will link to the Website, as well as a list of URLs on the Website to which you wish to link. Please wait for a response from us for 14 – 21 (fourteen to twenty-one) calendar days.
5. Organizations or institutions that have been approved can create hyperlinks to the Website with the following conditions:
   • using the name of Our Company; or
   • using the linked Uniform Resource Locator; or
   • using any other description of the linked Website that makes sense within the context and format of the content on the linking party’s website; or
   • not use our logo or other permitted artwork to link the trademark license agreement.

We are not responsible for the content that appears on your website. You agree to protect and defend us against all claims made towards your website.

1. We reserve the right to request you to remove all links or certain links leading to our Website. You agree to immediately remove all links to the Website at our request.
2. We reserve the right to change these Terms of Service and their linking policies at any time. By continuing to link to this Website, you agree to be bound and obey the terms and conditions regarding linking.

1. If you find a link on the Website that is offensive for any reason, you can contact and notify us at any time. We may consider a request to remove a link, but we are under no obligation to respond to you directly.
2. We do not ensure that the information on this Website is correct. We do not guarantee its completeness or accuracy, nor do we promise to ensure that the Website remains available or that the material on the Website is kept up to date.

1. As far as allowed by the provisions of Applicable Law, we exclude all representations, warranties, and conditions relating to the Website and the use of this Website. No part of this disclaimer will:
   • Limit or exclude our or your liability for death or personal injury;
   • Limit or exclude our or your liability for fraud or misrepresentation;
   • Limit our or your liability in any way not permitted by the provisions of Applicable Law; or
   • Exclude our or your liability which cannot be excluded under the provisions of Applicable Law.
2. KAYA.ID and its Affiliates disclaim all liability, which may arise, including but not limited to losses or disadvantages arising in contract, indirect, consequential losses; loss of business, interest, goodwill, income, gain or loss; or damage to data arising in connection with your access to or use of, or inability to use or access the Website or in connection with the accuracy, timeliness, quality, utility or completeness of the information contained in, or error or omission of information about the Content and Website.
3. As long as the Website and the information and services on the Website are provided free of charge, we will not be liable for any loss or damage.

1. Failure to implement part or all of the Website’s service facilities does not constitute a breach of contract if it is due to Force Majeure.
2. Website Services may be interrupted by events beyond our control or control (Force Majeure), including but not limited to natural disasters, power failures, riots, wars, fires, sabotage, general strikes, telecommunications disruptions, hacking by any other party on the operation of the Website, or government policies that have such a negative impact on Us and/or Our operations, and others.
3. You agree to release us from any claims and responsibilities, if we are unable to facilitate website services, including fulfilling the instructions you give through the website platform, either in part or in whole, due to a Force Majeure.

1. All forms of terms and conditions are regulated and construed based on Indonesian law.
2. All disputes or conflicts that arise in connection with our services and policies, including disputes caused by their existence and/or unlawful acts must be resolved by deliberation for consensus.
3. If within 30 Business Days since the emergence of the dispute cannot be resolved through consensus, then You and We agree to resolve the Dispute through arbitration at the Indonesian National Arbitration Board (Badan Arbitrase Nasional Indonesia) which is then in effect, with reference to the following provisions:
   • The arbitration proceedings shall be held in Jakarta, Indonesia, in the Indonesian language, and shall appoint a sole arbitrator.
   • The sole arbitrator must render his decision based on the provisions regulated in the Agreement and for matters not regulated in the Agreement, the decision must be made based on the applicable law.
   • The sole arbitrator’s decision applied as a decision of the first instance and is final and binding, therefore the Parties agree and declare not to file a claim on the decision, or demand its annulment in any court or attempt to file a new case in any court against the sole arbitrator’s decision.

1. Separation. If in the Agreement there are provisions that are contrary to an applicable law regulation in force in the territory of the Republic of Indonesia and therefore the said provisions become invalid, then the invalidity does not affect other provisions in the Agreement that are not contradictory and the Parties mutually agree to replace the provisions contained in the Agreement contrary to the provisions in accordance with and in line with the intent of the relevant Applicable Law.
2. Language. This agreement is made in English and Indonesian. Both texts are original. In the event that there is an inconsistency or difference in interpretation between the English text and the Indonesian text, the relevant English text will be deemed to be automatically amended to match and make it consistent with the relevant Indonesian text.