Eduqat - AI-Powered Education Platform

Terms of Use

Last Modified Date: June 5^th, 2024

Welcome to Eduqat!

Eduqat is an open online platform that facilitates content creators and/or uploaders ("Teacher" or "School") to create and publish their training so that it can be purchased and accessed by content users ("Student").

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 Teacher or Student, You shall 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") and the Software as Service Agreement ("SAAS Agreement") constitute an unified and 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.

Every Update We make is always in an appropriate context, not done in bad faith such as to commit fraud, deception or other bad acts. And if You have questions or other things that You want to confirm regarding updates that We have made, You can contact Us via email or phone number that We have provided in section 13 of this Terms of Use.

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, business entity, or other institution ("Institution") You represent that You are authorized to act for and on behalf of the Institution and to make the Institution 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.
PLATFORM TERMS OF USE
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 Student or a Teacher. 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.
TEACHER TERMS OF USE
If You are a Teacher, 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 ("Teacher's 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 Teacher'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.
5. You agree and give Us permission to use Your brand logo to be included in the list of Our service Users on our portfolio and/website as Our client. We will use Your brand logo only within that scope, if in other conditions that require Us to use Your brand logo outside that scope, We will provide written notification to You. There is no transfer of intellectual property rights to Your brand logo to Us regarding such inclusion. The logo owner retains the intellectual property rights of the logo included.
COST AND SERVICES
1. You are not charged for creating an Account, however, to use certain Services, We may charge You with service fee that will be billed monthly (or annually) according to the Subscription Package you choose ("Subscription Fee"). Payment of the Subscription Fee is non-refundable.
2. Service that is charged is Service listed on the Prices page on the Platform.
3. 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.
4. 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 and returned to your Account balance. The balance in the Account cannot be withdrawn in cash and can only be used to purchase Subscription Packages on the Platform.
5. We will change the Subscription Package on Your Account to the lowest Subscription Package if the Service Fee payment has not been made past the billing due date ("Downgrade") until You make the payment. The Downgrade action will be carried out on Your Account within 7 (seven) calendar days after the billing due date.
6. In the event of a Downgrade, You will remain responsible for all costs incurred due to the change in the Susbcription Package.
7. If the Teacher is a Legal Entity that collects Value Added Tax ("VAT") in the content sale transaction, the Teacher is required to include a price including VAT on the Platform.
8. If You use the Platform as a Student, You only need to pay for the paid content You purchase. Regarding the refund policy for content that has been purchased by the Student, it will be subject to the refund policy set by the Teacher.
9. We are not responsible for pricing content published by Teacher. Pricing will be done by Teacher who create and/or publish content on the Platform.
10. Each Party will be individually responsible for their respective tax obligations arising in connection with the Service and the payment of the Service Fee.
ARTIFICIAL INTELLIGENCE
The SmartAI feature on Eduqat will be subject to the terms of use and privacy policy of the AI provider on the following page. You are required to read and understand each provision related to the use of SmartAI. By continuing to use the SmartAI feature, You are deemed to have read and agreed to those terms.
When You access the Service from the AI provider or interact with the AI provider through the Service, then all risks associated with such interactions are your responsibility. By this, You release Us from any risks that may arise from such interactions.
TERMINATION
1. The Service will be terminated permanently if:
  1. You delete Your Account;
  2. We delete Your Account because You used it for activities that violate this Terms of Use or applicable laws;
  3. The agreement between You and Us is terminated;
  4. The Platform ceases to operate and stops providing Service to all Users; or
  5. We received an order from authorized institution to terminate the Service to You and/or delete Your Account.
2. The termination of the Service does not eliminate any of Your obligations that arose before the termination. You are still required to fulfil those obligations, including but not limited to the obligation to pay the Service Fee that arose before the termination.
3. You are responsible for all risks and/or losses that arise from the termination, and You hereby release Us from all demands, claims, or lawsuits for losses caused by the termination.
4. To fulfill obligations to the authorities and to carry out other purposes set forth in the Privacy Policy, We have the right to retain Your data and the data of Student stored in Your Account until the end of the data retention period in accordance with the applicable laws and regulations.
5. Clause regarding Confidentiality, Limitation of Liability, and Intellectual Property Rights in these Terms of Use shall survive the termination and remain to bound by these clauses.
CONFIDENTIALITY
1. You and Eduqat hereby agree to keep confidential all confidential information belonging to the other Party, including but not limited to details of business activities, financial information, or any other things that are not known to the public, which obtained when using the Platform ("Confidential Information")
2. The obligation to keep Confidential Information confidential does not apply if:
  1. Confidential Information becomes available to the public, and such availability is not due to breach of any obligation by the receiving party;
  2. Confidential Information is ordered to be disclosed to fulfill orders from a court or other authorized government body based on applicable laws and regulations. In this case, the Party requested to disclose Confidential Information must, to the extent permitted by law and regulations: (a) notify the other Party of the request before the Confidential Information is disclosed and (b) cooperate with the other Party regarding the timing and the content of such announcement or disclosure or any action that the other Party may reasonably choose to refuse the disclosure order;
  3. Confidential Information is disclosed on a strictly confidential basis by each Party to its advisors, auditors, professional consultant, or shareholders;
  4. Has become known to the Party from another third party;
  5. Obtained from sources that legally possess the Confidential Information and the information is not information that could violate this confidentiality obligation;
  6. Owned by another source and that party has given permission for disclosure of Confidential Information.
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. You understand and agree that We only facilitate access to the payment transaction processing platform ("Payment Gateway"), which has a separate relationship with Us. All actions taken by You in the Payment Gateway system (including but not limited to the type of Payment Gateway service used by You); does not involve and cannot be controlled by Us, and therefore You hereby release Us from all risks arising from the use of the payment gateway system. You also acknowledge that the use of the Payment Gateway will incur a processing fee per transaction, which is not included in the Subscription Fee.
3. If there are technical problems from the Payment Gateway that cause Your payment transaction processing to fail or be delayed, You can immediately notify these problems to the Payment Gateway information center.
4. We are only a Service provider to facilitate Teachers and Students, 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.
5. As a Platform, We are not responsible for providing compensation, payment, returns, or other obligations for requests for refunds related to transactions on the Platform. All requests or claims for transactions that have been paid are a relationship between Teacher and Student, and therefore You (both as Teacher and Student), hereby agree to release Us from all obligations for compensation or refund, including but not limited to the obligation to return the transaction fee that We have collected from Teacher.
6. 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.
7. We are not responsible for any loss, system failures, internet crimes and/or damage caused by viruses or other malicious computer code.
8. 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.
FORCE MAJEURE
Service Provision by Us may be disrupted by events beyond our authority and/or control and not caused by Our will ("Force Majeure"), which includes but is not limited to natural disasters (earthquakes, volcanic eruptions, storms, tsunamis, floods, drought, landslides, etc.), disease outbreaks, fires, sabotage, war situations, strikes, terrorism, and malfunctions of electricity and/or internet networks caused by malfunctions of electric power or other causes beyond Our control.
You hereby agree to release Us from any claims for liability or compensation caused by Us not being able to provide Services (in whole or in part).
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. Your use of the Platform does not result in an automatic transfer of IPR. The owner of each IPR will remain the owner of said IPR.
4. In using the Platform, You must ensure that the content You upload does not violate the IPR of any party, and complies with applicable laws and regulations.
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.
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.
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.
CONTACT US
If there are questions regarding the Terms of Use, Privacy Policy, or the use of the Platform, You can contact Us through Our [email protected] or Our Instagram account @eduqatofficial