TERMS & PRIVACY
These Terms and Conditions of Service (“Terms of Service”) govern your membership on IwanTirtaBatik.com (the “Iwan Tirta Private Collection Site” or the “Site”) and your purchases and use of products and services (the “Services”) available through the Iwan Tirta Private Collection Site. The Iwan Tirta Private Collection Site are operated by PT Iwan Tirta and/or its subsidiaries and affiliates (collectively, “Iwan Tirta Private Collection”).
By accessing or using the Service, establishing membership on the Iwan Tirta Private Collection Site, or purchasing or using products or services through the Iwan Tirta Private Collection Site, you acknowledge and agree to be bound by these terms (the ”Agreement”) as follows:
These Terms of Service have been executed and delivered by you and constitute a valid and binding agreement between you and Iwan Tirta Private Collection, enforceable against you in accordance with their terms.
If you are under 18, your parent or guardian must enter into this Agreement on your behalf, and will be responsible for your use of and access to the Service; this includes financial responsibility for any items you purchase through the Service. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. If you are under 13, please do not attempt to register for the Service or send any information about yourself to us, including your name, address, telephone number, or email address. If we learn that we have collected personal information from anyone under age 13 without verification of parental consent, we will delete that information as quickly as possible.
You shall establish and use your membership on the Iwan Tirta Private Collection Site, and purchase and use the products and services available through the Iwan Tirta Private Collection Site (“Products”), in strict compliance with these Terms of Service and all applicable laws, rules and regulations (collectively, “Laws”). All calls, emails and other communications between you and Iwan Tirta Private Collection may be recorded. By subsequently using this site, you agree to abide by each of those terms and conditions of service.
You represent that all of the information, data and other materials you provide to Iwan Tirta Private Collection are true, accurate, current and complete. You are responsible for updating and correcting the information you have provided to Iwan Tirta Private Collection by updating the information on the account you may establish on http://www.IwanTirtaBatik.com.
Establishing a Membership
In order to access certain features of the Site and Services and to post any Member Content on the Site, or through the Services, you must register as a member (“Member”) to create an account ("Account").
You may establish membership on the Iwan Tirta Private Collection Site. At a minimum, enrollment requires you to
(1) indicate agreement to these Terms of Service,
(2) provide contact information and identification details, and
(3) submit any other form of authentication required as part of the enrollment process, in Iwan Tirta Private Collection’s sole discretion.
You agree to accept responsibility for all activities that occur under your account or password. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account.
Use of Membership
You shall not use your Iwan Tirta Private Collection membership for any purpose competitive to Iwan Tirta Private Collection. You will notify Iwan Tirta Private Collection immediately by emailing email@example.com of any unauthorized use of your Iwan Tirta Private Collection membership or the Iwan Tirta Private Collection Site known to you, whether by you or a third party.
You may cancel your Iwan Tirta Private Collection membership at any time by contacting Iwan Tirta Private Collection customer support as specified on the “Contact Us” page on the Iwan Tirta Private Collection Site. Iwan Tirta Private Collection may terminate your membership and refuse any and all current or future use of the Iwan Tirta Private Collection Site or other services, or any portion thereof,
(1) in order to comply with applicable Law,
(2) if you provide any information that Iwan Tirta Private Collection determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete),
(3) if Iwan Tirta Private Collection determines, in its sole discretion, that you are using your Iwan Tirta Private Collection membership in a manner not permitted by these Terms of Service, or
(4) in other circumstances, as Iwan Tirta Private Collection deems appropriate in its sole discretion. Please note that termination by you or Iwan Tirta Private Collection of your Iwan Tirta Private Collection membership may result in the termination of your memberships in Iwan Tirta Private Collection’s affiliated website.
We use Rupiah (IDR), the currency of Indonesia, for any payment and/or charge onto your credit card. Prices shown in the Site may be displayed in a foreign currency but we will use Rupiah (IDR) as the transaction price charged instead based on the conversion rate of such foreign currency into Rupiah (IDR) applicable in our bank.
Discount Tokens and Codes
You can use token(s) for any transactions made on this Site under terms and conditions as follows:
1. Fill in the number and value of your token;
2. Token is still valid and not yet expired;
3. Token is valid for all on-line purchase on the Site;
4. Token is not exchangeable and is non-refundable for cash in the Currency;
5. Token can only be used for 1 (one) transaction on the Site;
6. Token is not for resale and is not transferable to other party;
7. Token can only be used for any purchase of product(s) equal to or greater than the value of the Token;
8. Token cannot be used for any purchase product(s) less than the value of the Token;
9. Token cannot be used in conjunction with any other promotional programs, discount programs and/or credit card programs;
10. Token(s) may or may not be cumulative; if Token is cumulative, you may use more than 1 (one) Token in 1 (one) transaction, however if Token is not cumulative, you can only use 1 (one) Token in 1 (one) transaction; and
11. You agree to be bound by the Terms.
You can use discount code(s) for any transactions made on this Site under terms and conditions as follows:
1. Account discount codes - Discount codes may from time to time be offered to account holders; such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered. Account discount codes will thus not be transferrable.
2. Promotional discount codes - We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Site.
Trademarks and Copyrights
The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Iwan Tirta Private Collection or its licensors or content providers, or other parties. Users or any parties acting on their behalf are prohibited from using any Marks for any purpose including, but not limited to use as meta tags on other pages or Site without the written permission of Iwan Tirta Private Collection or such third party which may own the Marks. You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without Iwan Tirta Private Collection’s express written consent. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without Iwan Tirta Private Collection’s express written consent. All content (including any software programs) available on or through the Site is protected by copyright, trademark and other applicable Republic of Indonesia and foreign laws.
Iwan Tirta Private Collection shall be excused from performance under the Terms of Service, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, (5) , changes in the applicable laws and regulations or specified policy by the Government of the Republic of Indonesia, or (6) other causes beyond the reasonable control of Iwan Tirta Private Collection. In the event that Iwan Tirta Private Collection is temporarily unable to ship to you a purchased item because of such an event, Iwan Tirta Private Collection will give you the option of deferring shipment or receiving a refund of your charges.
Third Party Links
Access to Password Protected Site Features
Access to and use of password-protected areas of the Site is restricted to authorized users only. You are responsible for protecting your login credentials, including any password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your login credentials. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your login credentials, notify Iwan Tirta Private Collection immediately. Iwan Tirta Private Collection may assume that any communications we receive from your email or other address, or communications that are associated with your login credentials or your account on this Site, have been made by you unless we receive notice indicating otherwise.
You agree to defend, indemnify and hold harmless Iwan Tirta Private Collection and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
(i) your use of and access to the Service, including any data or content transmitted or received by you;
(ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties you make in this Agreement;
(iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights;
(iv) your violation of any applicable law, rule or regulation;
(v) any claim or damages that arise as a result of any of your Member Content or any that is submitted via your account; or
(vi) any other party's access and use of the Service with your username, password or other appropriate security code.
The Service and any Product or Service you may purchase through the Service are provided on an "as is" and "as available" basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, The Service and the Products are provided without warranties of any kind. Whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the forgoing, Iwan Tirta Private Collection, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable or correct; that the service or the products will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download or your use of the Service.
Iwan Tirta Private Collection does not warrant, endorse, guarantee, or assume responsibility for any Product or Service advertised or offered by a third party through the Iwan Tirta Private Collection Service or any hyperlinked website or service, and Iwan Tirta Private Collection will not be a party to or in any way monitor any transaction between you and third-party providers of Product or Services.
We take no responsibility and assume no liability for any Member Content posted or sent over the Site, or Service. You shall be solely responsible for your Member Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your Member Content. You understand and agree that you may be exposed to Member Content that is inaccurate, objectionable, or otherwise unsuited to your purpose, and you agree that we shall not be liable for any damages you incur or allege to incur as a result of Member Content.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall Iwan Tirta Private Collection, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this service or any product. Under no circumstances will Iwan Tirta Private Collection be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein.
To the maximum extent permitted by applicable law, Iwan Tirta Private Collection assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content available on or through the service; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service or any product; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Iwan Tirta Private Collection has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
The Service is controlled and operated from our facilities in Indonesia. Iwan Tirta Private Collection makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Republic of Indonesia and local laws and regulations, including but not limited to export and import regulations. You represent and warrant you are not located in a country embargoed by the Republic of Indonesia or that has been designated by the Indonesian government as a “terrorist-supporting” country, and that you are not a foreign person or entity blocked or denied by the Indonesian government or otherwise listed on any Indonesian government list of prohibited or restricted parties. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in Indonesia.
These Terms of Service constitute the entire agreement of between you and Iwan Tirta Private Collection regarding the specific matters herein, and all prior agreements, letters, proposals, discussions and other documents regarding the matters herein are superseded and merged into these Terms of Service.
If any provision of these Terms of Service enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be deemed to be restated to reflect the parties’ original intentions as nearly as possible in accordance with applicable laws.
Governing Law and Jurisdiction
If you choose to access this Site from outside of Indonesia, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms of Service will be governed by and construed in accordance with the laws of Indonesia, without giving effect to any principles of conflicts of laws. If any provision of these Terms of Service is determined to be inconsistent and contrary to such laws, such provision shall be therefore null and void or unenforceable, with all other provisions remaining in full force and effect.
Any disputes or discrepancies which arise in relation to the use of this Site shall be settled amicably. In the event such disputes or discrepancies could not be settled amicably, the parties hereby agree to settle such disputes or discrepancies through the District Court of West Jakarta, Indonesia.
Modification of Terms of Service
You acknowledge and agree that Iwan Tirta Private Collection may, in its sole discretion, modify, add or remove any portion of these Terms of Service at any time and in any manner, including the terms of Iwan Tirta Private Collection membership, by posting revised Terms of Service on the Site. You may not amend or modify these Terms of Service under any circumstances. It is your responsibility to check periodically for any changes we make to the Terms of Service. Your continued use of this Site after any changes to the Terms of Service means you accept the changes.
You may not assign these Terms of Service (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of Iwan Tirta Private Collection, which may be withheld at Iwan Tirta Private Collection’s sole discretion. Any attempted assignment that does not comply with these Terms of Service shall be null and void. Iwan Tirta Private Collection may assign the Terms of Service, in whole or in part, to any third party in its sole discretion.
Effect of Termination/Survival of Selected Provisions
Notwithstanding the expiration or earlier termination of your Iwan Tirta Private Collection membership, or any general legal principles to the contrary, any provision of these Terms of Service that impose or contemplate continuing obligations or rights of a party will survive expiration or termination of these Terms of Service.
Effective Date April 1st, 2015.