Terms and Conditions
Welcome to new.unionjakarta.com! These Terms and Conditions (“Terms”) govern your access to and use of the new.unionjakarta.com website (the “Website”), including any content, functionality, and services offered on or through the Website.
Please read these Terms carefully before you start to use the Website or engage with our services. By accessing or using the Website, registering an account, or engaging in any contractual relationship with new.unionjakarta.com, you agree to be bound by these Terms and our Privacy Policy, incorporated herein by reference.
TABLE OF CONTENTS
I. INTRODUCTION AND OVERVIEW
II. ACCEPTANCE OF TERMS
III. ELIGIBILITY AND ACCOUNT REGISTRATION
IV. DESCRIPTION OF SERVICES OFFERED (HOME EXTERIOR FOCUS)
V. USER CONDUCT AND RESPONSIBILITIES
VI. INTELLECTUAL PROPERTY RIGHTS
VII. PRICING, PAYMENT TERMS, AND ESTIMATES
VIII. PROJECT EXECUTION, SCHEDULE, AND DELAYS
IX. CANCELLATIONS, CHANGES, AND TERMINATION OF SERVICES
X. WARRANTIES, GUARANTEES, AND EXCLUSIONS
XI. DISCLAIMERS AND LIMITATION OF LIABILITY
XII. INDEMNIFICATION
XIII. THIRD-PARTY LINKS AND CONTENT
XIV. PRIVACY POLICY
XV. MODIFICATIONS TO THESE TERMS
XVI. GOVERNING LAW AND DISPUTE RESOLUTION
XVII. SEVERABILITY
XVIII. WAIVER
XIX. ENTIRE AGREEMENT
XX. CONTACT INFORMATION
I. INTRODUCTION AND OVERVIEW
1.1. About Us:
The website new.unionjakarta.com (“Company,” “we,” “us,” or “our”) operates as an online platform and service provider specializing in home exterior solutions. Our mission is to provide high-quality information, consultation, design, material supply, and installation services related to various aspects of home exteriors, including but not limited to, facades, roofing, decking, patios, landscaping elements, and other outdoor structural and aesthetic enhancements.
1.2. Purpose of These Terms:
These Terms and Conditions establish a legally binding agreement between you, the user or client (“User,” “you,” or “your”), and new.unionjakarta.com. They outline your legal rights and obligations concerning your use of our Website and services. It is imperative that you fully understand and abide by these Terms, as they govern all interactions, transactions, and engagements you have with our Company. Your continued access to and use of our Website or services signifies your explicit and unconditional agreement to these Terms.
II. ACCEPTANCE OF TERMS
2.1. Agreement:
By accessing, browsing, creating an account, or otherwise using the Website (https://new.unionjakarta.com/), or by formally engaging in any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must immediately cease all use of the Website and our services.
2.2. Legal Capacity:
You affirm that you are at least 18 years of age, or the legal age of majority in your jurisdiction, and possess the legal capacity to enter into a binding contract with new.unionjakarta.com. If you are accessing or using the Website or services on behalf of a company, organization, or another legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and in such event, “you” and “your” will refer to that entity.
2.3. Supplemental Terms:
In addition to these general Terms, specific services, projects, or promotions may be subject to additional terms and conditions, specific contracts, project proposals, or agreements (“Supplemental Terms”). These Supplemental Terms will be presented to you at the time of engaging those specific services or promotions. In the event of any conflict between these general Terms and any Supplemental Terms, the Supplemental Terms shall prevail for the specific service or project to which they apply.
III. ELIGIBILITY AND ACCOUNT REGISTRATION
3.1. Eligibility Requirements:
To access certain features of the Website or to engage in our services, you may be required to register for an account. By registering, you warrant that:
a. You are at least 18 years old or the legal age of majority in your jurisdiction.
b. All information you provide during the registration process is accurate, current, and complete.
c. You will maintain the accuracy of your account information and promptly update any changes.
3.2. Account Creation:
When creating an account, you will be required to provide certain information, including but not limited to, your name, email address ([email protected] for contact reference), and a password. You agree to provide and maintain accurate, current, and complete information during the registration process and throughout the duration of your account.
3.3. Account Security:
You are solely responsible for maintaining the confidentiality of your account login credentials (username and password) and for all activities that occur under your account. You agree to notify new.unionjakarta.com immediately of any unauthorized use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation.
3.4. Prohibited Activities:
You agree not to use another user’s account, impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity. Any unauthorized, fraudulent, or abusive use of an account may result in immediate termination and further legal action.
3.5. Account Termination:
new.unionjakarta.com reserves the right to suspend or terminate your account and refuse any and all current or future use of the services for any reason, including, without limitation, if we suspect that your account information is inaccurate, incomplete, or outdated, or if you violate these Terms or engage in any conduct that we deem inappropriate or harmful to other users or our Company.
IV. DESCRIPTION OF SERVICES OFFERED (HOME EXTERIOR FOCUS)
new.unionjakarta.com specializes in a comprehensive range of home exterior services. The specific scope of services for any particular project or engagement will be detailed in a separate, formal project proposal or contract, which will form part of the Supplemental Terms. Our services generally include, but are not limited to, the following:
4.1. Consultation & Design Services:
a. Initial Consultations: We offer initial consultations to understand your vision, requirements, and budget for your home exterior project. These preliminary discussions may be non-binding and aim to gather essential information.
b. Detailed Design Proposals: Based on initial consultations, we can develop detailed design proposals, including schematics, material palettes, 3D renderings, and mood boards. These design services may be offered as a standalone paid service or integrated into a full project contract.
c. Material Recommendations: We provide expert recommendations on materials suitable for your project, considering aesthetics, durability, climate, maintenance, and budget.
d. Project Scoping: We assist in defining the precise scope of work, outlining what is included and excluded from any potential project.
4.2. Material Supply Services:
a. We can facilitate the sourcing and supply of various exterior building materials, such as roofing materials, siding, decking materials, pavers, outdoor tiles, fencing, gates, and other exterior finishes.
b. Availability and Lead Times: The availability of specific materials is subject to manufacturer stock and supply chain conditions. We will communicate estimated lead times, but these can vary and are not guaranteed.
c. Material Specifications: All materials supplied will adhere to the specifications outlined in the project proposal, subject to market availability. Any necessary substitutions will be communicated and require your approval.
d. Client Material Procurement: If you choose to supply your own materials, new.unionjakarta.com assumes no responsibility for defects, damage, suitability, or warranty claims related to such client-provided materials.
4.3. Installation & Project Management Services:
a. Scope of Work (SOW): This outlines the specific installation tasks, methods, and deliverables. The SOW will be detailed in your project proposal or contract.
b. Skilled Labor: We employ or subcontract skilled professionals to perform installation work according to industry standards, best practices, and approved designs.
c. Project Supervision: We provide project management to oversee the execution of the work, coordinate schedules, manage quality control, and ensure adherence to the project plan.
d. Subcontractors: You acknowledge and agree that new.unionjakarta.com may utilize independent contractors or subcontractors to perform certain portions of the work. We will remain responsible for the overall project delivery.
e. Site Preparation: You are responsible for ensuring the project site is accessible, cleared of personal belongings, and adequately prepared for work commencement as specified in the project proposal. Any delays or additional costs incurred due to inadequate site preparation by the client may result in additional charges.
4.4. Estimates vs. Quotes vs. Contracts:
a. Estimates: Any cost estimates provided verbally or in initial documentation are preliminary, non-binding assessments based on general information, and are subject to change after detailed site inspection, design finalization, and material selection. Estimates are provided for budgetary planning purposes only.
b. Quotes: A ‘Quote’ provides a more precise and itemized price for a clearly defined scope of work. Quotes are typically valid for a specified period (e.g., 30 days) and are contingent on the accuracy of the information provided and current material/labor costs.
c. Contracts/Proposals: A formal ‘Project Proposal’ or ‘Contract’ will supersede any previous estimates or quotes and will detail the exact scope of work, materials, timeline, payment schedule, and terms. This document, when signed by both parties, constitutes a binding agreement.
4.5. Permits and Approvals:
a. Client Responsibility: Unless explicitly stated otherwise in a separate contract, the client (you) is primarily responsible for identifying, obtaining, and paying for all necessary governmental permits, licenses, approvals, and any homeowner association (HOA) approvals required for the project.
b. Our Assistance: We can provide guidance and assistance with the permit application process, but the ultimate responsibility and cost lie with the client. Delays due to unobtained permits are the client’s responsibility and may impact project timelines and costs.
4.6. Site Inspections and Conditions:
a. Pre-Commencement Inspection: A detailed site inspection will be conducted prior to the commencement of any physical work. Our quotes and proposals are based on visual inspection and information provided by you.
b. Unforeseen Conditions: If unforeseen conditions (e.g., structural deficiencies, hazardous materials, concealed damage, soil issues, underground obstructions) are discovered during the project execution that were not apparent during the initial inspection, additional work and costs may be required. These will be communicated to you via a Change Order, requiring your approval before proceeding.
V. USER CONDUCT AND RESPONSIBILITIES
5.1. General Responsibilities:
You agree to use the Website and our services only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else’s use and enjoyment of the Website. You must provide accurate and complete information when requested and cooperate fully with new.unionjakarta.com and its personnel during any project engagement.
5.2. Prohibited Uses:
You agree not to use the Website or services to:
a. Engage in any illegal activity or violate any local, national, or international law or regulation.
b. Transmit any material that is deceptive, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
c. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
d. Upload, post, email, transmit, or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
e. Upload, post, email, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
f. Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
g. Upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
h. Interfere with or disrupt the Website or our services or servers or networks connected to the Website or our services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website or our services.
i. Collect or store personal data about other users without their express consent.
j. Use any automated means (e.g., robots, spiders, scrapers) to access, monitor, or copy any part of the Website or content thereon.
5.3. Client Cooperation during Projects:
For any project engagement, you agree to:
a. Provide timely access to the project site as required by new.unionjakarta.com.
b. Make prompt decisions and approvals regarding materials, designs, and change orders to avoid project delays.
c. Ensure clear pathways and safe working conditions for our team on your property.
d. Keep children and pets away from active work areas for safety reasons.
e. Inform us of any known hazards or specific considerations related to your property.
VI. INTELLECTUAL PROPERTY RIGHTS
6.1. Company’s Intellectual Property:
All content on the Website, including but not limited to text, graphics, logos, images, design drawings, construction plans, specifications, ideas, concepts, software, data compilations, and the compilation thereof (collectively, “Company Content”), is the property of new.unionjakarta.com or its licensors and is protected by copyright, trademark, patent, and other intellectual property laws. All rights not expressly granted to you herein are reserved by new.unionjakarta.com. You agree not to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Company Content without our prior written consent.
6.2. License to User-Generated Content:
If you submit, post, or display any content, including but not limited to photos, reviews, testimonials, or comments (“User Content”) on or through the Website, you grant new.unionjakarta.com a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content (in whole or in part) and to incorporate it in other works in any form, media, or technology now known or later developed, for any purpose, including for promotional and marketing purposes. You represent and warrant that you own or have the necessary rights to the User Content you submit and that its use by new.unionjakarta.com will not infringe or violate the rights of any third party.
6.3. Copyright Policy (DMCA):
new.unionjakarta.com respects the intellectual property rights of others. If you believe that any content on the Website infringes your copyright, please notify us at [email protected] with a detailed description of the alleged infringement. We will investigate and take appropriate action in accordance with applicable copyright laws.
VII. PRICING, PAYMENT TERMS, AND ESTIMATES
7.1. Pricing Structure:
The pricing for our services will vary based on the specific scope of work, materials chosen, complexity, and duration of the project. Prices will be clearly detailed in your formal project proposal or contract.
a. Service Fees: Fees for consultation, design, or project management will be outlined separately.
b. Material Costs: Material costs will be itemized or included within a lump sum, based on the specific products selected.
c. Labor Costs: Labor costs will be calculated based on estimated hours and rates, or as part of a fixed-price contract.
7.2. Estimates, Quotes, and Change Orders:
a. Estimates: As previously stated, estimates are for preliminary budgetary guidance only and are not legally binding.
b. Formal Quotes/Proposals: Once a formal quote or project proposal is issued and accepted by you, it becomes binding, subject to the terms outlined within that specific document and these Terms.
c. Change Orders: Any modifications to the agreed-upon scope of work, materials, or timeline after the contract is signed (due to client request, unforeseen conditions, or material availability changes) will require a formal “Change Order.” Change Orders must be documented in writing, specify the revised scope, cost adjustments, and timeline impact, and must be signed by both parties before the altered work proceeds. Failure to obtain a signed Change Order may result in a dispute regarding additional work or costs.
7.3. Payment Terms:
a. Deposit: For most projects, an upfront deposit will be required before work commences, as specified in the project contract. This deposit secures your project slot and covers initial material procurement and mobilization costs. Deposits are generally non-refundable, especially if custom orders or significant planning has begun.
b. Progress Payments: For larger projects, payments may be structured in installments tied to specific project milestones (e.g., foundation completion, framing completion, material delivery, substantial completion). Invoices for progress payments will be issued upon reaching the respective milestones, and payment will be due within the period specified on the invoice (e.g., 7 days).
c. Final Payment: The final payment is due upon substantial completion of the project, provided all agreed-upon work has been satisfactorily performed, and any punch-list items have been addressed. “Substantial completion” means the project is fit for its intended use, even if minor items remain outstanding.
d. Due Dates: All payments are due by the specified date on the invoice.
e. Late Payments: Payments not received by the due date may be subject to a late fee, typically a percentage of the overdue amount per month, as specified in your contract. new.unionjakarta.com reserves the right to suspend work on your project if payments are not made on time, and any resulting delays will be your responsibility.
7.4. Accepted Payment Methods:
We accept various payment methods as specified in your project contract, which may include bank transfers, credit card payments (subject to processing fees), or other mutually agreed-upon methods.
7.5. Taxes:
All prices and fees are exclusive of applicable taxes (e.g., VAT, sales tax) unless explicitly stated otherwise. You are responsible for all such taxes.
VIII. PROJECT EXECUTION, SCHEDULE, AND DELAYS
8.1. Project Commencement:
Work on your project will commence only after the formal project contract has been signed by both parties and any required deposit has been fully received.
8.2. Project Schedule:
All project timelines and schedules provided are estimates based on current information, resource availability, and the anticipated scope of work. While we endeavor to adhere to agreed-upon schedules, various factors can influence project duration.
8.3. Factors Affecting Schedule & Delays:
a. Client Delays: Delays caused by the client, including but not limited to slow decision-making, unapproved change orders, failure to provide timely site access, failure to remove obstructions, or delayed payment, will affect the project timeline and may incur additional costs.
b. Material Availability: Shortages, backorders, or extended lead times for specific materials from suppliers can cause delays. We will communicate such issues promptly and offer alternative solutions where possible.
c. Weather Conditions: Exterior projects are highly susceptible to adverse weather. Rain, strong winds, extreme temperatures, or other severe weather events may necessitate work stoppages for safety or quality reasons. Such delays are beyond our control.
d. Unforeseen Site Conditions: Discovery of unforeseen site conditions (e.g., hazardous materials, unexpected structural issues, unsuitable soil) not apparent during the initial inspection may require significant adjustments to the project schedule and cost, subject to a Change Order.
e. Permit Delays: Delays in obtaining necessary permits or governmental approvals, or changes in regulatory requirements, can impact the project schedule.
f. Force Majeure: new.unionjakarta.com shall not be held liable for any delays or failures in performance caused by circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, labor disputes, epidemics, pandemics, government orders, or natural disasters.
8.4. Communication Regarding Delays:
new.unionjakarta.com commits to transparent communication. In the event of any anticipated or actual delays, we will inform you promptly, explain the reasons, and propose revised timelines or mitigation strategies.
IX. CANCELLATIONS, CHANGES, AND TERMINATION OF SERVICES
9.1. Client-Initiated Project Cancellation:
a. If you choose to cancel a project after a contract has been signed and a deposit paid, the deposit will generally be non-refundable.
b. If work has already commenced, you will be liable for all costs incurred to date, including labor, materials ordered (custom or otherwise), design fees, and any administrative costs, even if these exceed the deposit amount.
c. Any materials specifically ordered or custom-fabricated for your project that cannot be returned to suppliers will remain your responsibility, and you will be invoiced for their cost.
9.2. Client-Initiated Project Changes:
All substantial changes to the project scope, materials, or design requested by the client after contract signing must be submitted in writing and will require a formal Change Order, as detailed in Section 7.2. These changes may impact cost, timeline, and warranty.
9.3. Company-Initiated Termination:
new.unionjakarta.com reserves the right to terminate a project or cease services immediately if:
a. Breach of Contract: You are in material breach of these Terms or the project contract (e.g., non-payment, refusal to grant site access, hostility towards staff).
b. Safety Concerns: Continuing the project would pose significant safety risks to our personnel or subcontractors that cannot be reasonably mitigated.
c. Unforeseen Conditions: Unforeseen site conditions make the completion of the project impractical, unsafe, or economically unfeasible, and no mutually agreeable alternative solution or Change Order can be reached.
d. Client Non-Cooperation: You consistently fail to make timely decisions or provide necessary approvals, causing undue delays to the project schedule.
e. In the event of Company-initiated termination for cause attributable to the client, you will be liable for all costs incurred to date, and any outstanding payments will become immediately due.
X. WARRANTIES, GUARANTEES, AND EXCLUSIONS
10.1. Workmanship Warranty:
new.unionjakarta.com warrants that all installation and labor services performed will be executed in a professional, workmanlike manner, in accordance with generally accepted industry standards. The duration and specific terms of our workmanship warranty will be clearly outlined in your project contract. This warranty typically covers defects arising directly from our installation methods.
10.2. Material Warranties:
Materials supplied and installed by new.unionjakarta.com are typically subject to the warranties provided by their respective manufacturers. We will pass on to you any manufacturer’s warranties that apply to the materials used in your project. new.unionjakarta.com does not provide an additional warranty on materials beyond what is offered by the manufacturer. Claims related to material defects must be submitted in accordance with the manufacturer’s warranty procedures. We will assist you where reasonably possible in facilitating such claims.
10.3. Exclusions from Warranty:
Our warranties (both workmanship and passed-through material warranties) expressly exclude damages, defects, or issues arising from:
a. Normal Wear and Tear: The natural aging or deterioration of materials over time.
b. Misuse or Neglect: Damage caused by improper use, lack of maintenance, abuse, or negligence by you or third parties.
c. Acts of God/Nature: Damage caused by natural disasters, extreme weather events (e.g., hurricanes, tornadoes, severe hail, floods, earthquakes), or other force majeure events.
d. Third-Party Work: Damage caused by work performed by other contractors, tradespeople, or individuals not engaged by new.unionjakarta.com.
e. Client-Supplied Materials: Defects or failures of materials supplied by you.
f. Alterations: Modifications or alterations to the installed work performed by anyone other than new.unionjakarta.com.
g. Lack of Proper Maintenance: Failure to perform routine maintenance recommended by new.unionjakarta.com or the manufacturer.
h. Sub-surface Conditions: Issues arising from conditions below the surface (e.g., shifting soil, tree roots, plumbing leaks) that were not apparent or discoverable during the initial site inspection and pre-existing prior to our work.
10.4. Warranty Claim Process:
To make a warranty claim, you must notify new.unionjakarta.com in writing at [email protected] within the specified warranty period, providing a detailed description of the issue and relevant photographic evidence. We will then schedule an inspection to assess the claim and determine appropriate action.
XI. DISCLAIMERS AND LIMITATION OF LIABILITY
11.1. General Website Disclaimers:
The Website and all information, content, materials, and services included on or otherwise made available to you through the Website are provided by new.unionjakarta.com on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title. new.unionjakarta.com does not warrant that the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or other harmful components.
11.2. Accuracy of Information:
While we strive to provide accurate and up-to-date information on the Website, including product descriptions, design ideas, and service offerings, new.unionjakarta.com does not warrant the completeness, reliability, or accuracy of such information. Information provided is for general guidance and informational purposes only and does not constitute professional advice. You should seek independent professional advice before making any decisions based on the information provided on the Website.
11.3. Color and Material Representation:
Images of materials, finishes, and completed projects on the Website are for illustrative purposes only. Actual colors, textures, and appearances may vary due to differences in monitor calibration, natural material variations, lighting conditions, and specific site characteristics. new.unionjakarta.com cannot guarantee that your computer monitor’s display of any color or texture will be accurate.
11.4. No Professional Advice:
Any information or content provided on this Website, including articles, blog posts, design galleries, or general advice, is not intended as, and should not be construed as, professional design, construction, engineering, legal, or financial advice. Always consult with a qualified professional specific to your needs before undertaking any home exterior project.
11.5. Limitation of Liability:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEW.UNIONJAKARTA.COM, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF NEW.UNIONJAKARTA.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
a. YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE;
b. ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE;
c. ANY CONTENT OBTAINED FROM THE WEBSITE; AND
d. UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE OR SERVICES, REGARDLESS OF THE FORM OF ACTION, SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU TO NEW.UNIONJAKARTA.COM FOR THE SPECIFIC SERVICE OR PROJECT GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED UNITED STATES DOLLARS (USD $100.00), WHICHEVER IS LESSER.
XII. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless new.unionjakarta.com, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:
a. Your violation of these Terms or any Supplemental Terms.
b. Your use of the Website, including, but not limited to, your User Content, any use of the Website’s content, services, and products other than as expressly authorized in these Terms.
c. Your negligence or willful misconduct in connection with a project.
d. Any third-party claim of intellectual property infringement directly related to your supplied materials or designs.
e. Any injury or damage to persons or property occurring on the project site due to your actions or omissions, or the actions or omissions of third parties under your control.
XIII. THIRD-PARTY LINKS AND CONTENT
The Website may contain links to third-party websites or services that are not owned or controlled by new.unionjakarta.com. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that new.unionjakarta.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
XIV. PRIVACY POLICY
Your privacy is very important to us. Our Privacy Policy explains how new.unionjakarta.com collects, uses, and discloses information from and about you. By using the Website or our services, you consent to the collection and use of information as described in our Privacy Policy, which is accessible at [Insert Link to your Privacy Policy here, e.g., https://new.unionjakarta.com/privacy-policy] and is incorporated into these Terms by this reference. Please review it carefully.
XV. MODIFICATIONS TO THESE TERMS
new.unionjakarta.com reserves the right, at its sole discretion, to modify or replace these Terms at any time. When we make changes, we will update the “Last Updated” date at the top of these Terms. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Website or services after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, in whole or in part, you must stop using the Website and our services. We encourage you to review these Terms periodically to stay informed of our updates.
XVI. GOVERNING LAW AND DISPUTE RESOLUTION
16.1. Governing Law:
These Terms and any disputes arising out of or related thereto, including any claims for breach of contract, tort, or statutory claims, shall be governed by and construed in accordance with the laws of Indonesia, without regard to its conflict of law principles.
16.2. Informal Resolution:
In the event of any dispute or claim arising out of or relating to these Terms, the breach thereof, or your use of the Website or our services, the parties agree to first attempt to resolve the dispute informally for a period of not less than thirty (30) days from the date the dispute is formally initiated by written notice from one party to the other. During this period, the parties shall communicate in good faith to reach a mutually acceptable resolution.
16.3. Mediation:
If the parties are unable to resolve the dispute informally, they agree to next seek resolution through non-binding mediation with a mutually agreed-upon mediator in Jakarta, Indonesia. The costs of mediation shall be shared equally by both parties. Mediation shall be initiated by one party giving written notice for mediation to the other party.
16.4. Arbitration:
If mediation fails to resolve the dispute, or if the parties agree to bypass mediation, any remaining dispute, controversy, or claim arising out of or relating to these Terms, including the breach, termination, or validity thereof, shall be settled by binding arbitration in accordance with the rules of the Indonesian National Arbitration Board (Badan Arbitrase Nasional Indonesia – BANI) in Jakarta, Indonesia.
a. The arbitration shall be conducted by a single arbitrator appointed in accordance with the BANI Rules.
b. The language of the arbitration shall be Bahasa Indonesia, unless otherwise mutually agreed.
c. The award of the arbitrator shall be final and binding upon both parties, and judgment upon such award may be entered in any court of competent jurisdiction.
d. Each party shall bear its own costs and attorney’s fees incurred in connection with the arbitration, and the cost of the arbitration (including arbitrator’s fees) shall be shared equally unless the arbitrator determines otherwise.
16.5. Litigation:
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or to prevent irreparable harm. You agree that any legal action or proceeding exclusively arising out of or relating to these Terms, in the event that arbitration is deemed unenforceable or is otherwise waived by both parties, shall be brought exclusively in the courts located in Jakarta, Indonesia. You hereby consent to the personal jurisdiction of such courts and waive any objection as to inconvenient forum.
XVII. SEVERABILITY
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be eliminated or limited to the minimum extent necessary, and the remaining provisions of these Terms will continue in full force and effect. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of any other provision.
XVIII. WAIVER
No waiver by new.unionjakarta.com of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of new.unionjakarta.com to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
XIX. ENTIRE AGREEMENT
These Terms, along with our Privacy Policy and any specific project proposals or contracts (Supplemental Terms) you enter into with new.unionjakarta.com, constitute the entire agreement between you and new.unionjakarta.com regarding the use of the Website and our services. This agreement supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and its services.
XX. CONTACT INFORMATION
If you have any questions about these Terms, your rights, or our services, please contact us:
Company Name: new.unionjakarta.com
Website: https://new.unionjakarta.com/
Email: [email protected]