Terms of Use

Last Modified Date: August 9^th, 2022

Welcome to Eduqat!

Eduqat is an open online platform that facilitates content creators and/or uploaders (“Creators”) to create and publish their training so that it can be purchased and accessed by content users (“Participants”).

As a user or visitor who accesses the Eduqat site at www.eduqat.com ("You" or "User"), as well as other digital services managed by Us ("Platform"), both in the capacity of Creator and Participant, You must pay attention to the terms of use of the Platform ("Terms of Use") carefully before continuing to access or use the services and/or features contained on the Platform ("Services").

By using the Platform, You hereby declare that You have read, understood, acknowledged, agreed, accepted, and are bound by all the terms and conditions of this Terms of Use. The Terms of Use and the Platform's privacy policy ("Privacy Policy") are a legal agreement for the procedures and requirements for using the Platform, which is determined by the Platform manager ("We").

We reserve the right to change, modify, add, and/or delete these Terms of Use without prior notice to You. You should regularly visit this page to ensure that You are aware of the latest version of this Terms of Use, as any latest version will supersede all previous versions. If You do not agree to comply with this Terms of Use, You are prohibited from using the Platform because the use of the Platform after any changes, whether or not it has been reviewed by You, will be considered as Your agreement and acceptance of the revised Terms of Use.

1. GENERAL PROVISIONS
   1. You certify that you are 21 (twenty-one) years old at a minimum or have been married and are not placed under guardianship (“Legal Age”).
   2. If You are below the Legal Age, You represent and warrant that You have obtained the approval of Your parent or guardian ("Guardian"). By agreeing, the Guardian is deemed to have read, understood, obeyed, and agreed to this Terms of Use. The Guardian is fully responsible for (i) all Your actions on the Platform; (ii) all fees or charges related to the Services; and (iii) Your compliance with this Terms of Use and the Privacy Policy.
   3. You can use the Platform by filling in data for creating a Platform account (“Account”). In filling in data, You are required to ensure that the data provided is complete and correct.
   4. In the event that You use the Platform on behalf of a Legal Entity, You represent that You are authorized to act for and on behalf of the Legal Entity and to make the Legal Entity follow and be bound by this Terms of Use.
   5. For Platform operations, We may use services from third parties, and therefore Your use of the Platform may also be subject to the terms of use of these third parties. Any errors resulting from events or things that are beyond Our control in connection with services provided by third parties are not Our responsibility. However, We will use Our best efforts to help resolve any issues that arise.
   6. You understand and agree that Your conversations with Our customer service will be automatically stored for legal purposes and to improve the quality of Our Services. Confidentiality of Your conversation is guaranteed and no information will be disclosed.
2. TERMS OF USE OF THE PLATFORM
   1. You must report to Us if You, for any reason, lose control of Your Account. You are responsible for the use or misuse of Your Account on the Platform by other people.
   2. You promise not to assign, transfer, or authorize another person to use Your identity or Account. You must maintain the confidentiality of Your Account password and any identification given to You or Your personal data. Illegal use of Your account which results in the opening of a password in any form does not make transactions made through Your account illegal.
   3. You promise that You will only use the Platform to engage Yourself in the Services either as a Participant or a Creator. You are prohibited from abusing or using the Platform for illegal activities or activities that cause inconvenience to others, including but not limited to money laundering, theft, fraud, terrorism, or other fraudulent acts.
   4. When accessing and using the Platform, You are prohibited from:
      1. violate any law, third party rights, or this Terms of Use;
      2. upload or post information or content in any form that violates, interferes with, or abuses any intellectual property rights belonging to third parties;
      3. take or collect personal data from other Users, including but not limited to email addresses, without the relevant User's consent; and/or
      4. use the Platform to distribute advertisements or other content.
   5. You will not upload, post or transmit advertisements, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation (commercial or unofficial).
   6. You understand and agree that the Services provided to You by the Platform are not exclusive. We may provide similar Services to other Users without obtaining Your approval.
   7. You understand and agree that service fees on the Platform may change from time to time in accordance with Our policies.
   8. We can deactivate Your Account, delete Your content, or stop a process in the Service without prior warning if there is a violation or indication of a violation by You to the Terms of Use, Privacy Policy, other usage rules that we set, or applicable laws and regulations.
3. CREATOR'S TERMS OF USE

   If You are a Creator, You need to pay attention to the following additional conditions:

   1. You are responsible for all content that You upload on Your page using Our Services (“Creator Website”). You also agree that You have the necessary licenses, rights, approvals, and permissions, and the authority to reproduce, distribute, and/or publish content that You upload on the Creator's Website.
   2. You will not display or provide content with inappropriate, offensive, racist, hateful, sexist, pornographic, misleading, misleading, false, infringing, insulting, or defamatory information on the Platform.
   3. You will not circumvent or manipulate our fee scheme, the billing process, or fees owed to Us.
   4. You will not export or re-export devices from the Platform unless You comply with the export laws of the relevant jurisdiction and the rules and restrictions that have been communicated.
4. COST AND SERVICES
   1. You are not charged for creating an Account, however, to use certain Services, We may charge You a fee that will be billed on a monthly basis (“Subscription Fee”). Payment of the Subscription Fee is non-refundable.
   2. For each feature in the subscription package on the Platform (“Feature”), We reserve the full authority to make changes to the Feature without your consent.
   3. You may make changes to your subscription package on the Platform. If changes are made during the active period of your previous subscription plan (“Subscription Period”), then the Subscription Fee for the remainder of the Subscription Period will be counted in prorated basis
   4. We may stop Your use of a paid Service, either permanently or temporarily, if You have not paid the Subscription Fee until it is past due.
   5. If the Creator is a Legal Entity that collects Value Added Tax (“VAT”) in the content sale transaction, the Creator is required to include a price including VAT on the Platform.
   6. If You use the Platform as a Participant, You only need to pay for the paid content You purchase. Regarding the refund policy for content that has been purchased by the Participant, it will be subject to the refund policy set by the Creators.
   7. We are not responsible for pricing content published by Creators. Pricing will be done by Creators who create and/or publish content on the Platform.
5. LIMITATION OF LIABILITY
   1. You agree to release and guarantee that We, Our employees, representatives, agents, and affiliates, are free from claims, demands, actions, or any other process addressed to them arising from Your violation of the Terms of Use or from any activity on Your use of the Platform.
   2. We are only a Service provider to facilitate Creators and Participants, and therefore any interactions between Users are beyond Our responsibility. You agree to release Us from all consequences arising from interactions between You and other users.
   3. We do not control the content that is transmitted or posted on the Services, as such, We do not guarantee in any way the reliability, validity, accuracy, or correctness of the submitted content. You also understand that by using the Services, We may display content that has been submitted or posted, which You may find offensive, indecent, or otherwise objectionable. We will not be responsible for keeping such content from You.
   4. We are not responsible for any loss and/or damage caused by viruses or other malicious computer code.
   5. This Platform is provided to You in an "as is" form without any warranty, and Your use of the Platform means that You acknowledge and agree to all risks that may arise from using the Platform.
6. INTELLECTUAL PROPERTY RIGHTS
   1. You acknowledge and agree that any information in any form, including but not limited to video, audio, images, or text on the Platform has intellectual property rights (including but not limited to trademarks and copyrights) (“IPR”). You are prohibited from using, modifying, disclosing, distributing, and/or disassembling such information without the permission of the owner.
   2. All Intellectual Property Rights contained in the Platform are based on the laws of the Republic of Indonesia, including in this case IPR ownership of all Platform source code and Platform-related Intellectual Property Rights. For this reason, You are prohibited from violating the IPR contained on this Platform, including modifying, derivative works, adapting, duplicating, copying, selling, remaking, hacking, and/or exploiting the Platform including using the Platform for unauthorized access, launch any automatic program or script, or any program that may hinder the operation and/or performance of the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or its contents.
   3. We have the full right to take any legal action against Your infringement related to IPR on the Platform.
7. PLATFORM SECURITY

   We always make reasonable efforts to keep this Platform up and running smoothly. However, We are not responsible for the unavailability of the Platform and/or Service features due to various reasons, including but not limited to maintenance needs or technical problems. However, You acknowledge and agree that internet transmission or access does not always create a secure and private payment transaction, and therefore any messages or information You send or use on the Platform may be hijacked or retrieved by irresponsible third parties.

8. APPLICABLE LAW

   The Terms of Use are regulated, interpreted, and implemented based on the applicable law in the Republic of Indonesia and You expressly agree that the provisions of article 1266 Civil Code and other statutory rules requiring approval or authorization of the court to terminate the Terms of Use shall not apply to this Terms of Use.

   All disputes relating to this Terms of Use shall be resolved amicably for consensus or through the Indonesian National Arbitration Board (“BANI”). The arbitration shall be conducted in Jakarta, Indonesia, in accordance with BANI regulations by using 3 (three) arbitrators appointed in accordance with such regulations and using the Indonesian language whose decisions are binding on both parties to the dispute as to the first and last instance decisions.

   BANI referred to here is the Indonesian National Arbitration Board which was established on 30 November 1977 based on the Decree of the Chamber of Commerce and Industry No. SKEP/152/DPH/1977 which at the time of making this Terms of Use had an office in Jakarta with the address at Jl. Mampang Prapatan No. 2, Jakarta 12760, or known as BANI Mampang, or other body referred to as the Indonesian National Arbitration Board decided by the competent authority in a final and binding decision regarding the validity and position of BANI. The arbitration shall be conducted based on the BANI Rules and Procedures as well as the then applicable arbitration laws and regulations, which regulations are deemed to be included as references in this Terms of Use (“Rules”). Any notice in arbitration, response, or other communication given to or by a party to BANI must be submitted and deemed received as specified in the Rules.

   This Terms of Use is made in Indonesian and English, if there is a difference between the two versions, the English version will prevail.

9. CLOSING
   1. Our relationship with You is an independent relationship and no agency, partnership, joint venture, employer-employee, or owner relationship between the franchisee and the franchisor will be established under the Terms of Use.
   2. The title written in this Terms of Use is for reference only and does not constitute, limit, explain, or describe the content of the point.
   3. If there are provisions in this Terms of Use that are invalid, illegal, or unenforceable, then the other provisions of this Terms of Use will remain in full force and effect and this Terms of Use shall be construed in all respects as if the invalid, illegal or unenforceable provisions were removed or did not form part of this Terms of Use, except in the case of thereby changing the entirety of this Terms of Use.
10. CONTACT US

    If there are questions regarding the Terms of Use, Privacy Policy, or the use of the Platform, You can contact Us through Zendesk Chat on the Platform.