TERMS OF USE

Last Updated: October 2015

Welcome to the TBXONE Portal (the “Service”). The Service is owned and operated by Terbit Pte. Ltd. The following sets forth the terms and conditions between You and Terbit Pte. Ltd. under which Terbit Pte. Ltd. offers You access to the Service (these “Terms of Use”).

 

  1. ACCEPTANCE

1.1. By clicking sign-in and Join TBX I agree to TBXONE this terms of use and privacy policy, You are indicating Your consent to be bound by these Terms of Use. If You do not accept all of the terms and conditions, please do not use the Service.

 

  1. THE SERVICE

2.1. The Service consists of computing application services for automating and managing certain business processes may be accessed by You through TBX’s web portal(s) or other electronic means.

2.2. Terbit Pte. Ltd. reserves the right to change, upgrade, modify or introduce new features, functionalities or applications to the Service or to future versions of the Service. All new features, functionalities, applications, modifications, upgrades and alterations shall be governed by these Terms of Use, unless otherwise stated by Terbit Pte. Ltd..

 

  1. YOUR OBLIGATIONS

3.1. You shall follow instructions in documentation or online help made available to You online in the Service or as furnished to You separately by Terbit Pte. Ltd..

3.2. You are solely and entirely responsible for:

  • Maintaining the confidentiality of Your user name and password,
  • All aspects of all postings, transmissions made and transactions conducted on the Service by You and any user of Your user name and password,
  • Ensuring the legality of any and all of Your postings, transmissions made and transactions conducted on the Service,
  • Ensuring that You have the right and power, without infringing on any right of any other party, to perform any and all of Your postings, transmissions and transactions conducted on the Service,
  • Ensuring that neither You nor any user of Your user name or password directly or indirectly interfere with or disrupts, or attempts or allows any interference with or disruption of the Service, the use of the Service by others, or any of computer or computer network used by Terbit Pte. Ltd. for operation of the Service,
  • Ensuring that neither You nor any user of Your user name or password defeat, circumvent or tamper with any restriction on access to or use of functionality or information in the Service,
  • Ensuring that neither You nor any user of Your user name and password intentionally or negligently introduce into the Service any computer virus or other data or code which harms or can adversely affect the operation of the Service, or
  • Ensuring that neither You nor any user of Your user name and password post content or send messages into the Service and its interface at rates that so greatly exceed the flow rates that may reasonably be expected in view of the limits applicable to You that the You creates a risk of denial of service through overloading Service. 3.3. You must immediately notify Terbit Pte. Ltd. of any unauthorized use of any of Your user name or password. Terbit Pte. Ltd. will use commercially reasonable efforts to investigate the unauthorized use and to deactivate the applicable user name and password, but Terbit Pte. Ltd. will have no liability for, and hereby disclaims all responsibility for, any losses, damages or expenses associated with the unauthorized use or the continuation thereof.

 

  1. SECURITY AND MISUSE

4.1. You agree that You will not:

  • Reverse engineer, reverse compile, or disassemble the Service, in whole or in part,
  • Make any copy or copies of the Service,
  • By any method, trace, decompile, disassemble, or identify the source code of the Service, and shall not permit or induce anyone else to do so,
  • Permit the use of the Service by any person other than employees of Your company regardless of whether those other persons have rightful or proper access to Your computer,
  • Alter, modify or reproduce the Service.

 

  1. LIMITATION OF LIABILITY

5.1. The Service simply acts as a tool to support postings, transmissions and transactions made by You and other users of the Service. The Service does not perform any screening to determine whether the content created by You or other users is in violation of any law or right. In relation to Terbit Pte. Ltd., You agree to waive and to forbear asserting any right You have or may ever come to have based on the any content created or received by You on the Service. You also undertake to cause any user of Your user name and password to refrain from using the Service to create any content which is libelous or fraudulent, includes personal information that contravenes any applicable data protection law, performs or facilitates illegal transactions such as money laundering, or contravenes any law or regulation.

5.2. The aggregate liability of Terbit Pte. Ltd. to You under these Terms of Use shall not, in any twelve-month period (to be determined by reference to the date on which these Terms of Use were entered into), exceed the amount paid to Terbit Pte. Ltd. for Your usage of the Service in the relevant twelve month period during which the act or omission or series of acts or omissions took place.

5.3. Neither party shall be liable for any indirect or consequential loss or damages including, without limitation, loss of business or profits, whether arising under tort, breach of contract or otherwise.

5.4. The Service is provided on an “As Is” and “As Available” basis, and TBX hereby expressly disclaims any and all warranties, expressed or implied including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions undertakings and terms are hereby excluded.

5.5. Under no circumstances shall Terbit Pte. Ltd. be held liable for any delay or failure or disruption of the Service resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

5.6. Terbit Pte. Ltd. shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:

  • the use or the inability to use the Service,
  • unauthorized access by third parties to data or private information, or
  • statements or conduct of any User of the Site.

 

  1. CHARGES

6.1. Usage of the Service will be chargeable by Terbit Pte. Ltd. to You (“Value Added Services or VAS”). VAS Fees will be payable at rates and payment terms posted on Terbit Pte. Ltd. platform under VAS or provided to you by other means. If you purchase any of our paid Services (“Premium Services”), you agree to pay us the applicable fees and taxes. Failure to pay these fees may result in the termination of your subscription.

Also your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates). You must pay us for applicable fees and taxes unless until the end of the applicable subscription period. Taxes are calculated based on the billing information that you provide us at the time of purchase.

A copy of the invoice you can retrieve on your account. Terbit Pte. Ltd. or request the invoice through customer support; support@tbxone.com. We don’t guarantee refunds.

 

  1. TERMINATION

7.1. Terbit Pte. Ltd. has the right to interrupt Your ability to use the Service at any time with prior notice if any of the following events occur; provided that, such notice may not be given in the event of emergency.

  • If there are needs to conduct maintenance or engineering work to any equipment needed to provide the Service.
  • If such interruption or termination is caused due to third parties.
  • In the event of occurrence of force majeure that is reasonably beyond the control of TBX.
  • TBX considers that the interruption is required due to technical or operational reasons.

7.2. Terbit Pte. Ltd. shall have the right to terminate Your use of the Service under these Terms of Use at any time without notice if:

  • You have breached these Terms of Use.
  • You or Your agent fails to make timely payments to TBX.

7.3. Upon termination:

  • Terbit Pte. Ltd. has the right to remove from the Service any information You have posted,
  • Terbit Pte. Ltd. will deactivate all of Your user names and passwords,
  • You will have no further right to access or use the Service, and
  • Except for Your obligation to pay any fees hereunder generated prior to the termination date (together with any late fees due), neither You nor Terbit Pte. Ltd. will have any further obligation to the other hereunder.

 

  1. GENERAL

8.1. The headings in these Terms of Use do not affect its interpretation.

8.2. Except as specifically granted by these Terms of Use, You hereby acknowledges that there is no transfer of title, or other ownership interest, to it of the Service, documentation, training material or any related materials provided by Terbit Pte. Ltd., or of any modifications, updates, improvements or new releases of the Service, documentation, training material or any related materials provided by Terbit Pte. Ltd.

8.3. If any provision herein is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

8.4. Terbit Pte. Ltd. may amend these Terms of Use at any time by posting the amended and restated Terms of Use on the Service. The amended and restated Terms of Use shall be effective immediately upon posting. Posting by Terbit Pte. Ltd. of the amended and restated Terms of Use and Your continued use of the Service shall be deemed to be acceptance of the amended terms.

8.5. These Terms of Use shall be governed and construed in accordance with the laws of Republic of Indonesia, without regard to choice of law principles.