TERMS AND CONDITIONS

TERMS AND CONDITIONS OF THE TANYA NERS APPLICATION
Effective as of September 24, 2024

Welcome to the Tanya Ners Application!

Please read these Terms and Conditions carefully before you start using our Application, as these rules apply to your use of our Application.

  1. Terms and Conditions

These Terms and Conditions of the Tanya Ners Application constitute an agreement between the user (“You” or “User”) and PT TANYA NERS INDONESIA (“We” or “Tanya Ners”), a limited liability company established and operating legally under the laws of the Republic of Indonesia and domiciled in DKI Jakarta, Indonesia. These Terms and Conditions govern your access and use of the application, website (www.tanyaners.id), and other websites managed by us, as well as the features, technology, content, and products we provide (hereinafter collectively referred to as the “Application”), as well as the ordering, payment, or use of services available on the Application (“Services”).

You must be at least 18 (eighteen) years old or married and not under guardianship or custody to legally have the capacity and right to be bound by these Terms and Conditions. You represent and warrant that you are at least 18 (eighteen) years old or married and not under guardianship or custody and that you legally have the capacity and right to be bound by these Terms and Conditions. If you do not meet these requirements, then any actions you take to register, access, use, or engage in other activities within the Application and/or Services must be done with the knowledge, supervision, and valid consent of your parent, guardian, or custodian. The parent, guardian, or custodian who consents for you under 18 (eighteen) years old is fully responsible for all your actions in using and accessing the Application and/or Services. The parent, guardian, or custodian who consents for you under 18 (eighteen) years old is fully responsible for all your actions and activities in using and accessing the Application and/or Services. You expressly waive any rights under the law to cancel or revoke any and all consents you have given under these Terms and Conditions when you are considered legally an adult.

By agreeing to these Terms and Conditions of the Tanya Ners Application, you also agree to additional Terms and Conditions and their amendments, which are an inseparable part of these Terms and Conditions (hereinafter, the Terms and Conditions, additional Terms and Conditions, and their amendments are collectively referred to as the “Terms and Conditions”). Although forming a single entity, the additional Terms and Conditions will prevail in the event of any differences with these Terms and Conditions.

By registering and/or using our Application, you and/or your parent, guardian, or custodian (if you are under 18 years old) are deemed to have read, understood, comprehended, and agreed to all the contents of these Terms and Conditions.

If you do not agree to any, part, or all of these Terms and Conditions, we have the right to terminate your access and use of our Application.

  1. Use of the Application and Services

Access to and use of the Application is subject to these Terms and Conditions.

For certain training classes provided by our training institution partners in the Application (“Partners”), we act only as an intermediary (marketplace) where you conduct direct purchase transactions of training classes with these Partners. Further provisions regarding transactions between you and the Partner are further regulated in Article 9 of these Terms and Conditions.

For certain Services in the Application, we may act as a direct Service Provider or facilitate you in finding and/or using various Services you require, where Services not directly provided by us will be provided by independent third parties who agree to become our service providers under a partnership scheme or other similar arrangements (“Service Providers”).

If you are a civil servant or state official, by using our Application, you agree to comply with the laws and regulations, especially those governing the acceptance of gratuities and other applicable provisions within your institution.

If you are an educator or education personnel, by using our Application, you agree to comply with the laws and regulations related to education management and administration, especially those concerning outreach, marketing, distribution, or sale of programs or products from our Application to students in formal educational institutions where you teach or work with any form of compensation.

We only provide the Application for your domestic and personal use. You agree not to use our Application for any commercial or business purposes.

  1. Account Registration and Access to the Tanya Ners Application

Before using the Application, you agree to these Terms and Conditions and the Privacy Policy and register yourself by providing the required information. When registering, we will ask you to provide your full name and email address. You may, but are not required to, enter a prepaid mobile phone number if you wish to participate in our referral program. You can change your personal data information in the settings feature of the Application.

Once you have entered the necessary personal data at registration, our system will create an account in the Application (“Account”) for you, which can be used to access the Application and order services through the Application.

If you log out of your Account, you will need to enter the email address you provided during registration and your password to log back in.

  1. Your Account

Your Account may only be used by you, so you may not transfer it to another person for any reason. We have the right to refuse to facilitate Services if we know or have sufficient reason to suspect that you have transferred or allowed your Account to be used by others.

The security and confidentiality of your Account, including the registered name, registered email address, registered mobile phone number, payment details, and chosen Payment Method, as well as the verification code generated and sent by our system or Payment Method Provider, are entirely your personal responsibility. Any losses and risks arising from your negligence in maintaining security and confidentiality, as mentioned, are borne by you and/or your parent, guardian, or custodian (if you are under 18 (eighteen) years old). Thus, we will consider any use or order made through your Account as a legitimate request from you.

Please notify us immediately if you know or suspect that your Account has been used without your knowledge and consent. We will take any necessary action that we deem appropriate regarding such unauthorized use.

  1. Personal Data

The collection, storage, processing, use, and sharing of your personal information, such as your name, email address, and mobile phone number that you provide when opening an Account, are subject to the Privacy Policy, which is an integral part of these Terms and Conditions.

  1. Content, Information, and Promotions

We or other parties collaborating with us may provide Third-Party Content that you can find in the Application. In the case that Third-Party Content is provided by other parties working with us (“Third-Party Content Providers”), we are not responsible for any part of the content of the Third-Party Content. Your access to or use of such Third-Party Content constitutes your agreement to be bound by the Terms and Conditions set by us or the Third-Party Content Providers, including our Privacy Policy or that of the Third-Party Content Providers.

Third-Party Content refers to any and/or all information and offers of goods and/or services created and/or compiled and/or developed and/or managed by Third-Party Content Providers, including but not limited to text or writings, images, quotes, photos, illustrations, animations, videos, sound recordings or music, titles, descriptions, and/or any data in any form provided by Third-Party Content Providers for display in the Application, including any links associated with them. To avoid doubt, Third-Party Content also includes any and/or all offers of goods and/or services, information, data, news, articles, writings, images, quotes, photos, illustrations, animations, videos, sound recordings, which are obtained by Third-Party Content Providers from third parties, where the Third-Party Content Providers have the authority to use and distribute such content.

We or other parties working with us may offer promotions, discounts, or deals (“Offers”) that can be redeemed for goods, Services, or other benefits related to the use of the Application. If an Offer is provided by another party working with us (“Offer Providers”), we are not responsible for any part of the content of the Offer. Your access to or use of the Offer constitutes your agreement to be bound by the Terms and Conditions set by us or the Offer Providers, including our Privacy Policy or that of the Offer Providers.

We may provide promotions and/or discounts for training classes on our Application, which only allow you to obtain a price reduction within a certain time frame. The price applicable to a training class is the price at the time you complete the purchase (checkout) of the class.

All Offer information on the Application is intended to provide the best experience for you when using the Application or Services. You are prohibited from misusing Offers that you receive while using the Application or Services.

You agree to use the Offers in accordance with the terms, conditions, and purposes of the Offers and will not misuse, duplicate, monetize, transfer, use for commercial purposes, or unfairly benefit from such promotions in any form or manner.

Offers may expire if not used within the period specified in the terms and conditions applicable to the Offer. Offers provided through the Application cannot be exchanged for cash unless stated in the terms accompanying the Offer or as required by applicable regulations. Offers provided by Offer Providers are subject to the refund policies of the respective Offer Providers.

  1. Fees and Payments

Downloading the software and using the Application is free of charge; however, we charge fees for purchasing Classes (as defined in Article 9) or using Services and certain features on the Application.

If a Class or Service available on the Application is subject to a fee, the applicable fee can be found on the Application before you order the Service. We may change or update fees from time to time based on certain factors, including the type of Class, Service, or applicable regulations. We may also charge certain fees as payment for using the Application, which may be collected by us, our affiliates, or our Service Providers or Partners. We may: (i) determine that payment for Class or Service fees can be made through our mobile application and website or only one of them, and/or (ii) differentiate the price of Classes or Services displayed on our mobile application and website, where price differences may occur due to additional charges from third-party platforms (including but not limited to Google Play or Apple App Store) where we place the Application.

You can make payments for Classes, Services, Third-Party Content, or Offers you access or use with cash or through electronic payment methods provided by independent third parties (“Payment Method Providers”) in the Application, including electronic money, debit or credit cards, bank accounts, or other payment methods (“Payment Methods”) that may change from time to time based on our sole discretion. We are not responsible for any errors or omissions caused by services provided by Payment Method Providers, including but not limited to payment system downtime or service interruptions.

To make payments via Payment Methods, you must be officially registered with the Payment Method Provider of your choice and use your own payment credentials (if required by the Payment Method Provider you use). If you use payment credentials registered to another party, you are fully responsible for obtaining all necessary authorizations and any losses or disputes arising between you and the other party due to your negligence or errors.

We reserve the right to refuse or delay processing your payment request via Payment Methods for certain reasons, including but not limited to indications or reasonable suspicion of fraud, violations of these Terms and Conditions, violations of applicable laws and regulations, including those related to payment instruments, electronic money, payment transaction processing, anti-money laundering, corruption, and terrorism financing prevention, or any other unusual or suspicious activities, including failure to meet your obligations to us.

Further provisions on applicable fees for certain Services, Third-Party Content, Offers, and/or Payment Methods can be found in the Additional Terms of Use for the Services you order and the terms and conditions of Partners, Service Providers, Third-Party Content Providers, Offer Providers, and/or Payment Method Providers.

  1. Application Software and Mobile Services

We only provide official Application software on official digital marketplaces (such as Google Play or Apple App Store), our website, or other digital platforms designated or partnered with us for distributing the Application (“Distribution Platforms”), and only for use on personal computers, mobile phones, or tablets. Downloading the Application from any source other than the Distribution Platforms and/or onto devices other than personal computers, mobile phones, or tablets is a violation of these Terms and Conditions and our intellectual property rights.

The Application may include certain Services available through mobile devices, including (i) the ability to upload content to the Application via mobile devices, (ii) the ability to browse the Application from mobile devices, and (iii) the ability to access certain features via an app downloaded and installed on your mobile device (collectively referred to as “Mobile Services”). To the extent that you access the Application through a mobile device, your wireless service provider’s standard fees, data rates, and other charges may apply to you.

Additionally, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your service provider, and not all Mobile Services may function with all carriers or mobile devices. When using Mobile Services, you may provide personal information such as your mobile phone number to us. Further details on the use of Mobile Services can be read in our Privacy Policy.

  1. Purchase, Access Rights to Training Classes, and Use of Services on the Application

Regarding Training Classes Provided by Us When you purchase a training class available on the Application (“Class”), we grant you a limited, non-exclusive, and non-transferable license to access and view the materials and content related to the class you have paid for. The use of the materials and content of the Class you have purchased (including but not limited to training videos and quiz/exam questions along with their answer keys) is strictly for your personal use and not for commercial purposes. Any other use is strictly prohibited. You may not reproduce, record, redistribute, transmit, assign, sell, broadcast, share, lend, modify, adapt, edit, create derivative works, sublicense, or transfer or engage in any other prohibited actions related to the materials and content on the Application without our prior written consent.

In principle, we provide a license to access the Class as long as this Application remains operational when you purchase a Class on our Application. However, we reserve the right to revoke any license to access and use the Class at any time if we decide or are required to disable access to the Class for any reason, such as if the Class you purchased becomes subject to a copyright dispute. Classes purchased through our Application cannot be canceled or refunded.

Regarding Training Classes Provided by Partners Please note that we also collaborate with several training institutions as our Partners who provide training classes on our Application, both online and offline (face-to-face) (“Partner Classes”), allowing the Partner to license us to offer their training classes to you.

When you purchase a Partner Class on our Application, the sales transaction is strictly between you and the respective Partner. It is important to note that we only act as a facilitator for the sales transaction between you and the Partner (marketplace), meaning all risks arising from the agreement and the sales relationship are entirely borne by you and the Partner.

If you have made a payment for the purchase of an online Partner Class on our Application, you can immediately participate in the Partner Class according to the schedule and information provided. If there is a change in the schedule of a purchased Partner Class, you may join the next scheduled Partner Class determined by the Training Institution.

If you have made a payment for the purchase of an offline (face-to-face) Partner Class on our Application, we will provide a Booking Code, which you can redeem at the location where the offline training class is conducted. The Partner will then verify your Booking Code. If there is a discrepancy during the verification process, you must immediately notify us through the contact details listed in these Terms and Conditions for further verification. In the event of any changes and/or cancellations to the schedule of the offline Partner Class you purchased, we will connect you with the Partner regarding the schedule change and/or class cancellation.

If a consumer dispute arises between you and the Partner, we act solely as a facilitator of the consumer dispute.

Regarding the Use of Services By using the Services in the Application, you are required to comply with all applicable provisions. This includes the obligation to follow all rules and regulations imposed by us, the Service Provider, and applicable laws and regulations.

You are allowed to upload and download documents related to the use of the Services. However, the use of these documents is permitted only in the context of using the Services. You are not allowed to misuse the documents or use the Services for illegal purposes.

Please note that once you have uploaded and downloaded a document and have previewed it, you cannot revise it again. The full responsibility for the content and quality of the document lies with you. You hereby release us from any liability for any issues that may arise or be related to the document after the preview process is complete.

We guarantee that the confidentiality of the documents you upload will be maintained, and we will take all necessary actions to protect the information contained in your documents and prevent unauthorized access from unauthorized parties.

By using the Services in the Application, you automatically agree to all terms and conditions stated in the Application. Please read and understand these terms and conditions carefully before using our Services.

  1. Intellectual Property Rights

Our Application, including but not limited to its name, logo, program code, design, trademarks, technology, database, processes, business models, content, and materials in the classes, is protected by copyrights, trademarks, patents, and other intellectual property rights available under the laws of the Republic of Indonesia and is registered in our name. We (and our licensors) own all rights and interests in the Application, including all intellectual property rights related to all features contained within it and related intellectual property rights.

Subject to these Terms and Conditions, we grant you a limited, non-exclusive, revocable, non-transferable license (without the right to sublicense) to (i) download, access, and use the Application, as provided, only on a mobile phone and/or personal tablet and solely for the purpose of using the Services, and (ii) access or use the content, information, and related materials available on the Application for personal and non-commercial purposes. Any rights not expressly granted in these Terms and Conditions remain with us or our licensors.

Any reproduction, distribution, derivative works, sale, or offer for sale, public display, or public performance, whether in part or in whole, as well as any deviation from these Terms and Conditions or the intended use as determined by us, constitutes a violation of our intellectual property rights.

You are prohibited from:

  • Copying, modifying, printing, adapting, translating, creating derivative works from, distributing, licensing, selling, transferring, publicly displaying, publicly performing, reverse engineering, transferring, disassembling, duplicating, transmitting, broadcasting online or offline, cutting, dismantling, or otherwise exploiting any part of our Application, including but not limited to software, features, services, paid content, quiz/exam questions, and answer keys within the Application, whether physically or digitally;
  • Licensing, sublicensing, selling, reselling, transferring, assigning, distributing, or otherwise commercially exploiting or making available to third parties our Application and/or other software associated with our Application in any way;
  • Creating an internet ‘link’ to our website, framing or mirroring any software on any server or wireless or internet-connected device;
  • Unauthorized use and/or access to our Application with the aim of (a) building a competing product or service, (b) developing a product based on ideas, features, functions, or graphics similar to our Application, or (c) copying ideas, features, functions, or graphics from our Application.

If you print, copy, upload, reproduce, distribute, or download any part of our Platform in violation of these Terms and Conditions, your right to use our Application will be terminated immediately, and you must, at our discretion, return or destroy any copies of the materials you have made.

We reserve the right to investigate or prosecute any violation of this Article 10 in accordance with applicable law. We may engage and cooperate with authorities in prosecuting users who violate this Article 10.

  1. User-Generated Content

You may use features that allow you to upload content to our Application or to interact with other users of our Application through features on our Application (hereinafter referred to as “User-Generated Content”).

User-Generated Content must be:

  • Accurate (where it states facts);
  • Genuinely intended (where it states opinions); and
  • Compliant with applicable laws in Indonesia and the country from which it is posted.

User-Generated Content must not:

  • Contain defamatory material;
  • Contain obscene, offensive, hateful, or inflammatory material;
  • Promote violence;
  • Promote discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age.

By uploading User-Generated Content, you automatically grant us a worldwide, sublicensable, royalty-free license to use, store, distribute, create derivative works, publicly display, and make available the content for our commercial or non-commercial purposes.

  1. Interactive Services

From time to time, we may provide interactive services on our Application, including but not limited to chat rooms and video teleconferencing (hereinafter referred to as “Interactive Services”).

In situations where we provide Interactive Services, we will provide you with clear information about the type of services offered. We will make our best efforts to assess the risks that may arise for users (especially for users under 18 years old) from third parties when they use the Interactive Services available on our Application.

The use of our Interactive Services by users under 18 years old is subject to the supervision and approval of their parents or guardians. We encourage parents who oversee and allow their children to use Interactive Services to communicate about their children’s online safety. Parents or guardians of users under 18 years old who use Interactive Services should be aware of the potential risks that may arise when using the Interactive Services and are fully responsible for all actions taken by the user while using the Interactive Services.

  1. Problem Resolution

If you experience system disruptions, know or suspect that your Account has been hacked, used, or misused by others, or if your mobile phone or personal tablet is lost, stolen, hacked, or infected with a virus, find any content on our Application that you believe infringes copyright, violates other rights, defames, is pornographic or obscene, racist, or otherwise causes widespread violations, impersonation, abuse, spam, or otherwise violates the Terms and Conditions and Privacy Policy or other applicable regulations, please immediately report this to us so that we can take the necessary actions to prevent further use, misuse, or arising losses.

If you experience difficulties or problems related to Services, Third-Party Content, Offers, or payments through Payment Methods, or the treatment of Partners, Service Providers, Third-Party Content Providers, Offer Providers, or Payment Method Providers, you may submit your complaint through the features we provide, including giving ratings and comments, or by contacting us.

To submit a complaint, question, objection, or other issues (“Report”), you need to provide sufficient information, including but not limited to:

  • A summary of the facts that occurred (for example, a statement that you have identified content that violates or contravenes the Terms and Conditions and the Privacy Policy of our Application as well as other applicable regulations);
  • The evidence you have (for example, a description of the violation or illegal content and the link where the content is located and/or a screenshot of the violating or illegal content); and
  • Your full name, address, and phone number, email address where you can be contacted, and your Account username (if you have one).

By submitting a Report, you are deemed to have included, in the Report:

  • A statement that you in good faith believe that the use of the disputed material is not authorized by the copyright owner, their agent, or the law;
  • A statement that the information in the Report is accurate; and
  • In cases where you report content that you believe infringes copyright or other related rights, a statement that you are authorized to act on behalf of the copyright owner or other rights owner that is alleged to have been violated.

To respond to every Report you submit, we will first verify it by matching the information you provide with the personal information stored in our system. If necessary, we may directly request that you provide additional information for verification purposes.

We may refuse to process your Report if the information you provide does not match the personal information stored in our system or if the Report is submitted related to, against, on behalf of, or by another party different from the Account owner officially registered in our system. We may discontinue the follow-up of your Report if we, at our sole discretion, determine that your Report is not supported by sufficient and clear facts or has been resolved. We may also forward your Report to the Partner, Service Provider, Third-Party Content Provider, Offer Provider, or Payment Method Provider for direct resolution between you and them.

For certain Reports related to Services or Partner Classes, we may, at our sole discretion, facilitate a meeting between you and the Service Provider/Partner to resolve the issue amicably. In such cases, if you feel the need to take further action, including any legal action, you may do so at your sole responsibility.

For certain Reports related to Payment Methods, we may refund your money through a method determined by us or together with the Payment Method Provider, at our sole discretion. We will not refund money to any party other than the credentials registered on your Account or the Payment Method Provider, including if you use another party’s credentials to make payments through the Payment Method.

  1. Account Suspension

You may delete the Application from your mobile phone and/or tablet at any time. We have no obligations to you regarding matters arising from the deletion of the Application, temporary suspension, or permanent suspension of your Account. However, you remain responsible for fulfilling obligations that have arisen, including but not limited to, any obligations that may arise due to disputes, claims, or other legal actions that existed before the date of Application deletion, temporary suspension, or permanent suspension of your Account.

Your Account may be temporarily or permanently suspended due to various reasons, including but not limited to:

  • Your Report that your Account has been used or is suspected to be used or misused by others;
  • Your Report that your mobile phone or personal tablet is lost, stolen, or hacked;
  • We become aware or have sufficient reason to suspect that your Account has been transferred or used by others;
  • We become aware or have sufficient reason to suspect that incidents have occurred that, in our view, have or may harm us, you, Service Providers, Partners, or other parties;
  • We become aware or have sufficient reason to suspect that you have registered or logged into multiple Accounts on one device to violate the Terms of Use, Privacy Policy, or applicable laws;
  • Our system detects unusual activities from your Account usage or unfulfilled obligations under the Terms of Use and/or Privacy Policy;
  • You have died, been placed under guardianship or conservatorship, or experienced other incapacities that render you legally incompetent under applicable laws;
  • Your use of the Application or Services is in violation of these Terms and Conditions, the Privacy Policy, or applicable laws; and/or
  • An order for account suspension, whether temporary or permanent, is issued by a relevant government or monetary institution or based on a court order issued in accordance with applicable laws.

If your Account is suspended and you have clear evidence that your Account should not have been suspended, you may submit a Report to us with supporting evidence. After further reviewing your Report, we will, at our sole discretion, determine whether to terminate or continue the suspension of your Account. The suspension will not be continued unreasonably if we decide that the issues leading to the suspension have been resolved.

  1. Prohibited Use

You may only use our Application for legally permitted purposes. You are prohibited from using our Application:

  • In ways that violate local, national, or international laws and regulations.
  • In ways that are unlawful or deceptive, or that have an illegal or fraudulent purpose or effect.
  • To harm or attempt to harm minors in any way.
  • To send, knowingly receive, upload, download, use, or reuse any material that does not comply with our content standards.
  • To transmit or send unsolicited or unauthorized advertising or promotional materials, as well as any other forms of solicitation (such as spam).
  • To knowingly transmit data, send, or upload material containing viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware, or other harmful programs or similar computer code designed to adversely affect any computer software or hardware.
  1. Actions We Deem Necessary

In general, we are not obligated to moderate, supervise, or record Interactive Services, User-Generated Content, or any other activities you engage in while using or visiting the Application (including but not limited to sending or uploading messages, written chats, or posts on features available or to be available in the Service). However, we reserve the right to take any actions we deem necessary to ensure your compliance with these Terms and Conditions and/or applicable laws and regulations.

If we become aware of or have sufficient reasons to suspect that you have engaged in immoral acts, violations, crimes, or other actions that contradict these Terms and Conditions and/or applicable laws and regulations, whether referenced in these Terms and Conditions or not, we reserve the right to suspend your Account, either temporarily or permanently, or terminate your access to the Application, conduct investigations, seek damages, report to authorities, and/or take any other actions we deem necessary, including legal actions, whether criminal or civil.

We will follow up by conducting investigations and/or facilitating relevant parties (including Partners, Service Providers, and other Application users) to report you to the authorities if we receive Reports regarding violations committed by you against these Terms and Conditions or violations of applicable laws and regulations, particularly concerning verbal abuse or violence, including but not limited to physical, gender, ethnic, religious, and racial discrimination.

These provisions also apply vice versa if you experience any of the actions mentioned above committed by relevant parties against you.

  1. Your Responsibilities

You are fully responsible for the decisions you make to use or access the Application, Services, Third-Party Content, Offers, or Payment Methods. You must treat Partners, Service Providers, Third-Party Content Providers, Offer Providers, and Payment Method Providers with respect and must not engage in illegal, threatening, or harassing behavior when using the Application, Services, Third-Party Content, Offers, or Payment Methods.

You are fully responsible for any losses and/or claims arising from the use of the Application, Services, Third-Party Content, Offers, or Payment Methods through your Account, whether by you or another party using your Account, in a manner that violates these Terms and Conditions, the Privacy Policy, including the terms and conditions and privacy policies set by Partners, Service Providers, Third-Party Content Providers, Offer Providers, and Payment Method Providers, or applicable laws and regulations, including but not limited to money laundering, financing or incitement to terrorism, criminal activities, fraud in any form (including but not limited to phishing and/or social engineering activities), intellectual property violations, and/or other activities that harm the public and/or any other party or that may or are deemed to damage our reputation.

  1. Limitation of Our Liability

The Application we provide is offered “as is,” and we make no representations or warranties that the reliability, timeliness, quality, suitability, availability, accuracy, completeness, or security of the Application will meet your needs and expectations, including but not limited to Services, Third-Party Content, Offers, and Payment Methods that are entirely the responsibility of Partners, Service Providers, Third-Party Content Providers, and Payment Method Providers. We are not responsible for any loss or damage caused by any failure or error committed by Partners, Service Providers, Third-Party Content Providers, Offer Providers, or Payment Method Providers or any failure or error on your part in complying with our Terms and Conditions, Partners, Service Providers, Third-Party Content Providers, Offer Providers, or Payment Method Providers.

The Application may experience limitations, delays, and other issues inherent in internet and electronic communication usage, including your device, Partners, Service Providers, Third-Party Content Providers, Offer Providers, or Payment Method Providers being damaged, disconnected from the internet, out of coverage, turned off, or non-functional. We are not responsible for any delays, failed deliveries, damages, or losses caused by such issues.

We are not obliged to monitor your access or use of the Application. However, we will continue to monitor to ensure the smooth operation of the Application and to ensure your compliance with these Terms and Conditions, applicable laws and regulations, court decisions, and/or the provisions of administrative institutions or government bodies.

We have no obligations whatsoever, including taking further action or legal measures that you, Partners, Service Providers, Third-Party Content Providers, Offer Providers, or Payment Method Providers deem necessary, regarding any issues or disputes arising between you and Partners, Service Providers, Third-Party Content Providers, Offer Providers, or Payment Method Providers. However, we will facilitate any issues or disputes arising between you and Partners, Service Providers, Third-Party Content Providers, Offer Providers, or Payment Method Providers with reasonable efforts as necessary. When we facilitate the resolution of issues or disputes between you and Partners, Service Providers, Third-Party Content Providers, Offer Providers, or Payment Method Providers, we do not act as mediators, and this does not create any further obligations on our part.

  1. Your Statements

You agree to access or use the Application, Services, Third-Party Content, Offers, or Payment Methods only for purposes as specified in these Terms of Use and not to misuse or use the Application, Services, Third-Party Content, Offers, or Payment Methods for fraud, causing inconvenience to others, making fake orders, or other actions that may or are deemed to cause any form of loss to others.

You understand and agree that all risks arising from the use of the Application, Services, Third-Party Content, Offers, and Payment Methods are entirely your responsibility, and you hereby agree to release us from any claims regarding damages, disruptions, or other forms of system disturbances caused by unauthorized access by third parties.

You expressly release us, including but not limited to our officers, directors, commissioners, employees, and agents, from any and all liabilities, consequences, material or immaterial losses, claims, costs (including attorney fees), or other legal responsibilities arising or potentially arising due to your violations of these Terms and Conditions or in connection with actions taken by Partners, Service Providers, Third-Party Content Providers, Offer Providers, or Payment Method Providers.

Excluded from the above provisions, if there is direct loss due to our violation of these Terms and Conditions, you agree and expressly limit your claim amount to the total actual loss incurred or already paid in connection with the incident.

BY CONTINUING TO ACCESS OR USE THE APPLICATION AND/OR SERVICES, YOU AGREE TO COMPLY WITH AND ADHERE TO ALL APPLICABLE LAWS AND REGULATIONS AND THESE TERMS AND CONDITIONS, INCLUDING ALL AMENDMENTS AND USAGE TERMS FROM EACH PARTNER, SERVICE PROVIDER, THIRD-PARTY CONTENT PROVIDER, OFFER PROVIDER, OR PAYMENT METHOD PROVIDER. IMMEDIATELY STOP ACCESSING OR USING THE APPLICATION AND/OR SERVICES IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS AND CONDITIONS.

  1. Force Majeure

Our Application may be disrupted by events beyond our authority or control (“Force Majeure”), including but not limited to natural disasters (earthquakes, tsunamis, volcanic eruptions, floods, droughts, and landslides), disease outbreaks, fires, industrial disputes, mass strikes, civil wars, rebellions, coups, wars with other countries, terrorism, and/or the failure of networks and/or computers caused by general power outages or other causes beyond our control. You agree to release Us from any claims and responsibilities if We are unable to facilitate the Services, including fulfilling the instructions you provide through the Application, whether partially or entirely, due to a Force Majeure event.

 

 

 

 

 

  1. Miscellaneous

You understand and agree that these Terms and Conditions constitute an agreement in electronic form. Your act of checking the box stating “I agree to the Terms and Conditions” when creating your Account constitutes your active agreement to be bound by this agreement with Us, making these Terms and Conditions and Privacy Policy legally valid and binding for as long as you use the Application.

We may amend these Terms and Conditions from time to time, with such changes being notified to you in any form and through any means, including but not limited to notifications via email. You agree that you are responsible for periodically reviewing these Terms and Conditions. Your continued use of the services provided in the Application after changes and/or additions to these Terms and Conditions shall be deemed as your acceptance of such changes and/or additions. You may raise objections to any changes and/or additions to these Terms and Conditions that you consider to be commercially and materially detrimental within 14 (fourteen) calendar days from the publication of such changes and/or additions. We reserve the right to terminate your access to the Application if you object to such changes and/or additions to these Terms and Conditions.

We may update the Application from time to time and modify its content at any time. However, please note that Our Application may contain content that is not updated at all times, and We are under no obligation to update it. We will always strive to ensure, but do not fully guarantee, that Our Application and the content contained within it are entirely free from errors or omissions.

You shall not file any claims or objections regarding the validity of these Terms and Conditions or the Privacy Policy, which are made in electronic form.

You may not transfer your rights under these Terms and Conditions without prior written consent from Us. However, We may transfer Our rights under these Terms and Conditions at any time to another party without requiring prior consent or prior notice to you.

If you fail to comply with or violate any provisions of these Terms and Conditions, and We do not take immediate action, it does not mean that We waive Our right to take necessary action in the future.

These provisions remain in effect even after temporary suspension, permanent suspension, deletion of the Application, or termination of this agreement between You and Us.

If any provision in these Terms and Conditions is unenforceable, it will not affect the other provisions.

We have drafted these Terms of Use in both Indonesian and English. In the event of any differences, the interpretation shall be based on the Indonesian language version.

These Terms of Use are governed by the laws of the Republic of Indonesia. Any and all disputes arising from the use of the Application or Services shall be subject to the exclusive jurisdiction of the South Jakarta District Court.

  1. How to Contact Us

To contact us, please send a WhatsApp message to +62 816 1756 1764 email us at [email protected], or send mail to Tanya Ners HQ Jl. Al Magfiroh No 53Q RT 03 RW 09, Kel. Pekayon, Kec. Pasar Rebo, Jakarta Timur

This document represents only the initial sections of the Terms and Conditions. Further details can be provided upon request. The full content ensures all sections of the Terms and Conditions reflect PT Tanya Ners Indonesia (Tanya Ners) and the official website www.tanyaners.id.

 

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