Terms and Conditions
Effectivedate: 19 July 2021
1. Definitions andinterpretation
Themeanings of capitalised terms used in these terms of service are set outbelow.
BillingPage - Thebilling page of the Website, currently located at www.itsmy.contact/transaction.
Content -Has themeaning given in clause 6(a).
Data -Has themeaning given in clause 10(a).
DataAnalytics - Has themeaning given in clause 10(b).
EndUser - Has themeaning given in clause 12.
Feedback -Has themeaning given in clause 11(b).
FreePlan - A planunder which you use the Itsmycontact Service but where you are not required topay for that use.
IntellectualProperty Rights - All industrial and intellectual property rights throughout the world,including all copyright and analogous rights, all rights in relation toinventions or discoveries (including patent rights), designs, registered andunregistered trade marks (including service marks), trade names, brand names,indications of source or appellations of origin, know-how, software, circuitlayouts and all other rights throughout the world resulting from intellectualactivity in the industrial, scientific or artistic fields.
JurisdictionSpecific Terms - The terms in clause 18.
ItsmycontactContent - Has themeaning given in clause 9(f).
ItsmycontactService - Theservice, delivered by us through the Website (or by any other means from time totime, including an application), that allows you to create a Card Page.
Card Page -Apersonalised and easily-customizable page that houses your Content, includingall the important links you want to share with your audience.
Paid Plan- A planunder which you use the Itsmycontact Service but where a fee is payable for useof the Itsmycontact Service (and under which you receive additionalfunctionality).
Website -Thewebsite located at www.itsmy.contact
In theseterms of service:
(a)headings in bold type are for convenience only and do not affect theinterpretation of these terms of service;
(b) wordsof any gender include all genders;
(c) anexpression referring to a person includes any company, partnership, jointventure, association, corporation or other body corporate and any governmentalagency as well as an individual;
(d) areference to any legislation, regulations, binding directions issued bygovernment agencies, mandatory codes of conduct, or similar, includes alldelegated instruments made under them and any amendments, consolidations,replacements or re-enactments of any of them;
(e) areference to a day means the period of time commencing at midnight and ending24 hours later;
(f) areference to Rp is to Indonesia Rupiah currency unless denominated otherwise;and
(g)specifying anything in these terms of service after the words “include” or “forexample” or similar expressions does not limit what else is included.
(a) Theseare binding terms: Byaccessing or using the Itsmycontact Service:
(1) youagree to be bound by these terms of service. If you disagree with any part ofthese terms of service then you may not access the Itsmycontact Service; and
(2) youconfirm that you can form a binding contract with us, that you accept theseterms of service and that you agree to comply with them.
(c)Jurisdiction Specific Terms: If you access or use the Itsmycontact Service froma jurisdiction for which there are Jurisdiction Specific Terms, you also herebyagree to the specific terms applicable to each relevant jurisdiction and in theevent of a conflict between the provisions of these terms of service and theJurisdiction Specific Terms, the Jurisdiction Specific Terms will prevail tothe extent of the inconsistency.
(d) Youare the authorised representative of a business (if relevant): If you are accessing the Serviceon behalf of a business or entity then you represent and warrant that you arean authorised representative of the business or the entity with the authorityto bind the entity to these terms of service, and that you agree to these termsof service on the entity’s behalf.
(e)Eligibility: Youwarrant that you are at least 18 years old and you are legally capable ofentering into binding contracts. If you are under 18 years old, you must obtainthe consent from your parent or guardian for you to use the ItsmycontactService and they agree to be bound by these terms of service on your behalf.
(a) Whena Free Plan starts and ends: A Free Plan will begin when these terms of serviceare accepted by you (or, if applicable, the date that your Paid Planautomatically converts to a Free Plan, as set out below) and will continueuntil you cancel on the Billing Page.
(b) Whena Paid Plan starts and ends: A Paid Plan will begin when you have selected therelevant ‘Paid Plan’ option (including whether you are on a monthly or anannual billing cycle) and when these terms of service are accepted by you, andwill continue until you cancel your Paid Plan on the Billing Page. Where youcancel your Paid Plan:
(1) yourPaid Plan will continue until the end of the current billing cycle that appliesto your Paid Plan; and
(2) atthe end of that billing cycle, your Paid Plan will automatically convert to aFree Plan.
(c)Refunds on cancellation of Paid Plan: However, we do understand that sometimes yourrequirements may change. If you have selected a Paid Plan but then cancel thePaid Plan on the Billing Page within 72 hours after you have accepted theseterms of service:
(A) we will provide you as soon as we can with afull refund of that month’s charges that you paid up front; and
(B) your Paid Plan will end at the time you cancelit and will automatically convert to a Free Plan; or
(A) we will provide you as soon as we can with arefund of the equivalent of 11 months’ worth of the annual charges you paid upfront; and
(B) your Paid Plan will end at the end of thecalendar month in which you cancelled it and will automatically convert to aFree Plan.
(d)Account deletion: If you nolonger want to use a Free Plan and would like your account deleted permanently,you can do this by requesting Deletion of your account from Contact Us page.You should note though that if you do this, you will not be able to reactivateyour account and will not be able to retrieve any of the Content or informationyou have added.
(e) Wecan cancel or suspend your plan: Please note that these terms of service allow us tosuspend or cancel your Free Plan or Paid Plan in certain circumstances (for example,see clause 16). Also, if we do not receive payment for your Paid Plan inaccordance with clause 8, we reserve the right to cancel your Paid Plan.
4. Changes to the Terms andthe Itsmycontact Service
(a) Wecan change these terms of service: We may change or replace these terms of service atany time if the change is necessary to reflect changed or added functionalityof the Itsmycontact Service, for compliance with law, for reasonable commercialreasons, or otherwise to protect our legitimate interests.
(b) Wemay notify you of certain changes to the terms of service: If a change to these terms ofservice may have a material negative effect on you, we will use our bestefforts to advise you of the change in advance (for example, by providing anotification on the Website), and we will aim to do so least 1 month prior toany new terms taking effect.
(c) Youmust check these terms of service for changes: It is your responsibility tocheck these terms of service from time to time for any changes. If you do notagree with any of the changes to these terms of service, it is yourresponsibility to stop using the Itsmycontact Service and/or cancel inaccordance with clause 3.
(d) Yourcontinued use deemed to be acceptance: Your continued use of the Itsmycontact Service willbe deemed as your acceptance of any changes to these terms of service, asdescribed above.
(e) Wecan change the Itsmycontact Service and functionality: You acknowledge that the ItsmycontactService is constantly evolving, and we may change parts of the ItsmycontactService and its functionality from time to time.
(a) Youmust create an account to use the Itsmycontact Service: To access or use our ItsmycontactService, you must create an account with us. When you create this account youmust provide accurate and up-to-date information. It is important that youmaintain and update your details and any other information that you provide tous.
(b) Youmust maintain your password: You agree not to disclose your password to anythird party, and you are responsible for safeguarding the password that youuse. You will be fully responsible for activities that relate to your accountor your password. You must notify us immediately upon becoming aware of anybreach of security or unauthorised use of your account.
(c) Youmust choose an appropriate username: You may not use, as a username, the name of anotherperson (for example, the name of well-known personalities or a name to whichyou have no connection), brand, or entity, a name that is not lawfullyavailable for use, or a trade name that is subject to any rights of anotherperson or entity, or a name that is offensive, vulgar, or obscene. In the eventthat issues arise over the use of particular usernames, for example whereanother person claims that your username appropriates their name, we willconsider the circumstances reasonably and may require you to change yourusername (and we may then reassign your username). If we have asked you to dothis and you refuse, we may suspend or cancel your user account. Importantly,and without impacting the above, we do not permit ‘domain squatting’ or ‘domainparking’ or similar, and we may reclaim and reallocate usernames that wereasonably believe have been created for these purposes. You can raise anyconcerns with us relating to usernames – see clause 16(b) for details.
(d) Yourresponsibilities regarding the use of your account: You must not use your useraccount or allow it to be used in a way which may (in our opinion) cause damageto or impair the Itsmycontact Service or our reputation, or infringe or violateany third party rights, or violate any applicable laws or regulations.
6. Your Content
(a) Yourright to post Content: You may post, link, store, share and otherwise make available certaininformation, text, graphics, videos, or other material to/on the Page that youcreate using the Itsmycontact Service (Content). You are responsible forthe Content, including its legality, reliability, and appropriateness. Where any third party owns any of the Content, you are also responsible forensuring that you have all rights (including any licences) needed to allow youto make available that Content on the Page and the Itsmycontact Service.
(b) Yougrant us a license to use and display your Content: By posting Content to the ItsmycontactService, you grant us the right and license to use, publicly display anddistribute such Content on and through the Itsmycontact Service and you confirmthat you have all third party rights and licences necessary to post thatContent. You retain any and all of your rights to any Content you submit, postor display on or through the Itsmycontact Service and you are responsible forprotecting those rights. You agree that this license includes the right for usto make your Content available to other users of the Itsmycontact Service, whomay also use your Content subject to these terms of service.
(c) Yourresponsibilities in posting Content: You agree that:
(A) the Content will not cause you or us to breachany law, regulation, rule, code or other legal obligation;
(B) the Content will not or could not be reasonablyconsidered to be obscene, inappropriate, defamatory, disparaging, indecent,seditious, offensive, threatening, abusive, liable to incite racial hatred,discriminatory, blasphemous, in breach of confidence or in breach of privacy.In some circumstances, Content which in one country would not infringe theprevious requirements could do so in another country (and we reserve the rightto take whatever action we think necessary in such circumstances includingremoving Content or restricting access to the Itsmycontact Service);
(C) the Content will not be misleading ordeceptive, be intended or designed to misinform, would be likely to misinform areasonable person, and that you will not represent as fact something which isfalse;
(D) the Content will not be unsolicited,undisclosed or constitute unauthorised advertising or endorsements of anyproduct;
(E) the Content does not contain software virusesor any other computer code, files, or programs designed to interrupt, destroy,or limit the functionality of any computer software, hardware ortelecommunications equipment; and
(F) the Content does not and is unlikely to bringus or the Itsmycontact Service into disrepute.
(d)Keeping records: You agreeto keep all records necessary to establish that your Content does not violateany of the requirements of this clause 6 and make such records available uponour reasonable request.
(e) Ourright to monitor and modify your Content: We are under no obligation to regularly monitor theaccuracy or reliability of your Content incorporated into the ItsmycontactService. We reserve the right to modify or remove any Content at any time.
(f) Youaccept risk of public disclosure: You acknowledge and agree that all Content youprovide on the Itsmycontact Service will be publicly available information andyou bear the risks involved with such public disclosures.
(g) Wecan use your Content to promote the Itsmycontact Service: We may choose to feature yourPage and Content (but not your registered trademarks or personal information,unless you agree in writing) on our Website or otherwise to promote the ItsmycontactService. You grant to us a royalty-free, worldwide, perpetual license to usesuch Content for such purposes.
7. Acceptable use
Youraccess to and use of the Itsmycontact Service is subject to these terms ofservice and all applicable laws and regulations. We are also committed toensuring that the Itsmycontact Service is safe for all users and does notprovide a platform for inappropriate Content or user behaviour. Wherethere is any genuine and reasonable allegation from a third party (includingany law enforcement agency) that your conduct may have breached these terms ofservice, we reserve the right to cooperate with that third party.
With thisin mind, you must not:
(a)access or use the Itsmycontact Service if you are not fully able and legallycompetent to agree to these terms of service;
(b) makeunauthorised copies, modify, adapt, translate, reverse engineer, disassemble,decompile, extract information from or create any derivative worksof the ItsmycontactService or any content included, including any files, tables or documentation(or any portion of these) or determine or attempt to determine any source code,algorithms, methods or techniques embodied by the Itsmycontact Service or anyderivative works of the Itsmycontact Service (or authorise any other person todo so on your behalf);
(c)distribute, license, transfer, or sell, all or any part of any of the ItsmycontactService or any derivative works thereof, except that you may re-sell the ItsmycontactService to a limited class of persons if we have expressly given consent forsuch activity to you in writing (and, if we do give consent, we may alsoinclude conditions to such consent, which you must comply with);
(d)market, rent or lease the Itsmycontact Service for a fee or charge, or use the ItsmycontactService to advertise or perform any commercial solicitation, except that youmay market the Itsmycontact Service to a limited class of persons if we have expresslygiven consent for such activity to you in writing;
(e) usethe Itsmycontact Service, without our express written consent, for anycommercial or unauthorized purpose, including communicating or facilitating anycommercial advertisement or solicitation or spamming;
(f)interfere with or attempt to interfere with the proper working of the ItsmycontactService, disrupt the Website or any networks connected to the ItsmycontactService, or bypass any measures we may use to prevent or restrict access to theItsmycontact Service;
(g)incorporate the Itsmycontact Service or any portion of it into any otherprogram or product, except as may be agreed separately with us in writing;
(h) use,or authorise others to use, automated scripts or other scraping tools tocollect information from your Page, or the Itsmycontact Service, or otherwiseinteract with the Itsmycontact Service;
(i)impersonate any person or entity, or falsely state or otherwise misrepresentyou or your affiliation with any person or entity, including giving theimpression that any content you upload, post, transmit, distribute or otherwisemake available comes from the Itsmycontact Service;
(j)intimidate or harass another person, or promote violence or discriminationbased on race, sex, religion, nationality, disability, sexual orientation orage on your Page, your account, or on or through any links on your Page;
(k)include any sexually explicit material (including pictures and language) onyour Page itself or your account itself;
(l) useor attempt to use another’s account, service or system without authorisationfrom us, or create a false identity on the Itsmycontact Service;
(m) usethe Itsmycontact Service in a manner that may create a conflict of interest orundermine the purposes of the Itsmycontact Service, such as trading reviewswith other users or writing or soliciting fake reviews; or
(n) usethe Itsmycontact Service to upload, transmit, distribute, store, or otherwisemake available in any way:
8. Fees and Payment – PaidPlans
(a)Paying your fees: You mustpay to us the fees that you agreed to pay for a Paid Plan.
(b) Howyou will be billed: If youare on a Paid Plan, you will be billed in advance on a recurring and periodicbasis, depending on your billing cycle. Billing cycles are set either on amonthly or annual basis, depending on the type of plan you select when optingfor your Paid Plan.
(c) PaidPlans are automatically renewed: At the end of each billing cycle, your Paid Planwill automatically renew under these terms of service that exist as at therenewal date unless you or we have cancelled the Paid Plan under these terms ofservice.
(d)Payments must be made with accurate billing information: A valid payment method, includingcredit card, is required to process the payment for your Paid Plan. You willprovide us with accurate and complete billing information including full name,address, state, zip code, and a valid payment method information. By submittingsuch payment information, you automatically authorize us to charge all feesincurred through your account to any such payment instruments.
(e) Electronicinvoices in lieu of automatic billing: If automatic billing fails to occur for any reason,we will issue an electronic invoice indicating that you must proceed manually,within a certain deadline date, with the full payment corresponding to thebilling cycle as indicated on the invoice.
(f)Taxes: Unlessotherwise stated, all fees are inclusive of transactional taxes (ie GST/VAT).You are responsible for paying all other (if any) external fees and taxes,including withholding taxes if they apply, associated with your use of the ItsmycontactService wherever levied. We may collect geographic information from you forthese purposes, and all geographic information that you provide to us (if any)must be accurate.
9. Intellectual property
(a) OurIntellectual Property Rights: All Intellectual Property Rights in the ItsmycontactService, the Website, and their content (excluding your Content, but includingthe Itsmycontact Content), features and functionality are and will remain our(or our licensors’) exclusive property, and you will not challenge suchownership.
(b) Notransfer of our Intellectual Property Rights to you: The Itsmycontact Service isprotected by copyright, trade mark, and other laws of both Australia andforeign countries. Our trade marks and trade names and ‘get up’ may not be usedin connection with any product or service without our prior written consent.Nothing in these terms of service constitutes a transfer of any IntellectualProperty Rights from us to you.
(c) Yourlimited rights to use the Itsmycontact Service: You are permitted to use the ItsmycontactService only as authorized by us (which includes use in accordance with theseterms and conditions). As a user, you are granted a limited, non-exclusive,revocable, non-transferable right to use the Itsmycontact Service to create,display, use, play, and upload Content subject to these terms of service.
(d) Howthe Itsmycontact Service must not be used: You must not use the Itsmycontact Service inconnection with a product or service that is not affiliated with us or in anyway brings us into disrepute.
(e)Responsibility for material posted: Any opinions, advice, statements, services, offers,or other information or content expressed or made available by any other usersare those of the respective authors or distributors and not of us.
(f) Yourresponsibilities in using Itsmycontact Content: If we provide you with anyimages, icons, video, graphics, or other content (Itsmycontact Content)for you to use in connection with the Itsmycontact Service, you must:
(1) onlyuse such Itsmycontact Content on your Page and not anywhere else;
(2)comply with any reasonable written guidelines or terms, which may be theguidelines or terms of a third party, in relation to the Itsmycontact Contentthat we provide to you.
10. Privacy and dataguardianship
(a) Ourdata, and guardianship of our data: All data (and any Intellectual Property Rights indata) that we or the Itsmycontact Service create or generate based on your use(or End Users’, or other users’ use) of the Itsmycontact Service or the Content(Data) will be owned by us and you will not dispute suchownership.
(b) Wemay provide you with Data: We may provide Data or visualisations of Data to you as part of the ItsmycontactService (Data Analytics). We make no representations or warranties as tothe accuracy or completeness of the Data Analytics, but we will try to make itas accurate and complete as we can.
(a) Youmust protect confidential information provided to you: If we share information about theItsmycontact Service with you that is confidential, or that a reasonable personwould consider is confidential, you must keep it confidential and usereasonable security measures to prevent unauthorised disclosure of or access tothat information.
(b) Ourresponsibilities regarding Feedback: If you choose to contribute to the ItsmycontactService by sending us any ideas for new products, services, features,modifications, enhancements, content, offerings, promotions, computer code, orany other materials (Feedback), then regardless of what yourcommunication may say:
12. Your responsibility forend users
Your Pagemay have its own visitors and customers (End Users). The way in whichthe End Users use and interact with your Page and your Content (as distinctfrom our obligations to you in these terms of service in respect of the ItsmycontactService itself) is solely your responsibility. This responsibility includescompliance with all laws and regulations in relation to End Users, and thesupply of products and services (if any) to End Users.
(a) Weare not liable for damages: You agree that we will not be liable for anydamages suffered as a result of using the Itsmycontact Service, or copying,distributing, or downloading Content from the Itsmycontact Service.
(b) Noliability for certain types of damage for breach of contract or tort: In no event will you or we beliable for any indirect, punitive, special, incidental or consequential damage(including loss of business, revenue, profits, use, privacy, data, goodwill orother economic advantage) however it arises, whether for breach of contract orin tort (including negligence), even if the relevant party has been previouslyadvised of the possibility of such damage.
(c) Youare responsible for your use of the Itsmycontact Service: You have sole responsibility foradequate security protection and backup of data, Content, and/or equipment usedin connection with your usage of the Itsmycontact Service and will not make aclaim against us for lost data, re-run time, inaccurate instruction, workdelays or lost profits resulting from the use of the Itsmycontact Service. Youmust not assign or otherwise dispose of your account to any other person.
(d)Indemnity: You willindemnify us against any loss suffered by us that arises out of a breach by youof these terms of service (including clause 7), or a third party claim madeagainst us in relation to your Content.
(e)Limitation of our liability to you: In no event will our liability to you under or inconnection with these terms of service or the Itsmycontact Service exceed thegreater of the fees actually paid by you to us at the time the liabilitypurportedly arose, or [Rp. 1.000.000,-]. This limitation applies regardless ofwhether your claim against us is based on contract, negligence, other torts orotherwise.
(a) Youuse the Itsmycontact Service at your own risk: Your use of the ItsmycontactService is at your sole risk. The Itsmycontact Service is provided on an"AS IS" and "AS AVAILABLE" basis. The Itsmycontact Serviceis provided without warranties of any kind, whether express or implied,including, but not limited to, up-time or availability, or implied warrantiesof merchantability, fitness for a particular purpose, non-infringement orcourse of performance.
(b) Wemake no warranties about the Itsmycontact Service: We, our subsidiaries, affiliatesand licensors do not warrant or represent that:
(c)Extent of this disclaimer: This disclaimer of liability applies to any damages or injury caused byany failure of performance, error, omission, interruption, deletion, defect,delay in operation or transmission, computer virus, communication line failure,theft, or destruction or unauthorized access or, alteration of or use of recordin connection with the use or operation of the Itsmycontact Service, whetherfor breach of contract, tortious behaviour, negligence or any other cause of action.
(d) Wemake no warranties about the content on the Itsmycontact Service: We make no representations orwarranties of any kind, express or implied, about the completeness, accuracy,reliability, suitability or availability with respect to the content containedon the Itsmycontact Service for any purpose. Any reliance you place on suchinformation is therefore strictly at your own risk. We disclaim any express orimplied warranty, representation, or guarantee as to the effectiveness orprofitability of the Itsmycontact Service or that the operation of the ItsmycontactService will be uninterrupted or error-free. We are not liable for theconsequences of any interruptions or error in the Itsmycontact Service.
(e) Wemay provide access to third party services: We may at times include as part of or ancillary tothe Itsmycontact Service access to specific functionality or other serviceswhich are provided by third parties (for example, a paymentportal).
(f) We donot exclude the application of laws that cannot be excluded: These terms of service (includingthe above provisions of this clause 14) apply to the maximum extent permittedby law. Nothing in these terms of service is intended to exclude, restrict or modifyrights which you may have under any law, which may not be excluded, restrictedor modified by agreement. If these terms of service are governed by the IndonesianConsumer Law, our liability to you for failure to comply with a consumerguarantee in respect of any services is limited to the re-supply of theservices or payment in lieu of such re-supply.
(g) Betafunctionality: We mayfrom time to time make certain functionality of the Itsmycontact Serviceavailable to you in beta (and this functionality will be marked as ‘beta’ orsimilar). We are still evaluating and testing such beta functionality and itmay not be as reliable as our other parts of the Itsmycontact Service.
(h) Enduser donations: End useragrees that donations made to a user, via Itsmycontact’s ‘Support Me’ link, aremade voluntarily and without exchange for any good or service. The service toprocess these payments is provided by a third party (see clause 15).
15. Third party services
(a) Noendorsement of third party services: Unless we otherwise specifically state, we do notendorse (or make any warranties or representations in relation to) any thirdparty product or service, and your use of that third party product or servicemay be subject to separate terms and conditions which you are responsible forreviewing and agreeing.
(b) Termsand conditions of third party services: You will comply with the terms and conditions thatyou have either separately agreed to comply with or that we make it clear toyou that you must comply with of any third party service that you use inconjunction with the Itsmycontact Service.
(c) Norefunds: We do notoffer refunds for any amounts you have paid to a third party.
(d)Suspension or cancellation of account: If you do not agree with the third party terms andconditions, then we may suspend or cancel your user account or limit therelevant functionality.
16. Our rights to suspendetc. and issue resolution
(a) Ourrights to suspend or cancel your account: If you do not comply with any of these terms ofservice (in particular, clauses 7 (Acceptable Use), and 9 (IntellectualProperty)), we may suspend or cancel your user account or limit thefunctionality of the Itsmycontact Service that you have access to. Depending onwhat the non-compliance is, we may not use this right to suspend or cancel, butif there is repeat non-compliance on your account, or a materialnon-compliance, we are likely to.
(b) Yourrights to approach us with any issues: If you have any issues with our decision underclause 16(a), with the performance of the Itsmycontact Service, or anythingelse in connection with these terms of service, please let us know by emailingus at [email protected] (Issue Notice). Once wereceive an Issue Notice, you and we will use all reasonable endeavours toresolve the issue in good faith. Neither of us will bring any legal proceedingsor take any formal or public action in connection with the issue until we havespent at least 1 month from the date of the Issue Notice trying to resolve theissue in good faith.
(b)Severability: If anyprovision of these terms of service is invalid under the law of anyjurisdiction, then the provision is enforceable in that jurisdiction to theextent that it is not invalid, and the to the extent it is not valid then itwill be severed from these terms of service and the remainder of these terms ofservice will continue to apply with such amendments as are strictly necessaryto reflect the severance.
(c)Governing law: Theseterms of service are governed by the laws of Indonesia. Both you and we submitto the exclusive jurisdiction of the courts of Indonesia.
(d) Nowaiver: Ourfailure to insist upon or enforce any provision of these terms of service willnot be construed as a waiver of any provision or right.
(e) Noagency: Neitherthese terms, nor the Itsmycontact Service, create a relationship of agent /principal between you and us.
18. Jurisdiction specificterms
Laws mayapply to you or to us as a result of your specific location. If this is thecase, and if those laws are inconsistent with any part of these terms, thoselaws will prevail to the extent of the inconsistency.