Terms of Use
These Terms and Conditions of Use set out the rules for accessing and using the services of PT Gudang Baru Berkah, including the Privacy Policy and Cookie Policy.
Acceptance of Terms
By accessing or using the Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and Conditions, including the Privacy Policy and Cookie Policy, which shall become effective upon your first access to the Services without requiring any separate signature or written consent. If you do not agree to any provision of these Terms, you must not access or use the Services in any manner.
Age Eligibility and Verification
This website is intended solely for users who meet the minimum age requirements prescribed under the applicable laws and regulations of the Republic of Indonesia and is not intended for children, adolescents, or pregnant women. By continuing to access or use the Services, you represent and warrant that you satisfy the applicable age requirements and agree to undergo any age verification process required in connection with tobacco products.
Exclusive Ownership of the Platform
All Intellectual Property Rights in and to the Platform—including, without limitation, trademarks, logos, content, source code, technology, website layout, databases, and software—are the lawful property of the Company, its affiliates, or its third-party licensors and are fully protected under applicable law. Nothing contained in these Terms shall be construed as granting or transferring any ownership rights in such Intellectual Property Rights to you.
Restrictions on Use
You are strictly prohibited from publishing, modifying, reproducing, distributing, or otherwise exploiting any of the Company's Intellectual Property without the Company's prior written consent. Downloading any material from the Platform does not confer upon you any ownership rights therein.
Prohibition of Data Extraction
You may not, without the Company's prior written consent, engage in linking, screen capturing, scraping, data mining, crawling, or any other method of extracting data from the Platform.
License to User Content
Where you submit, upload, or otherwise make available any content through the Services ("User Content"), you grant the Company a non-exclusive, royalty-free, worldwide, transferable, and sublicensable license to use, store, reproduce, display, and otherwise process such User Content for the purposes of operating, promoting, and improving the Services.
Responsibility for User Content
You are solely responsible for all User Content that you submit and represent and warrant that such User Content does not infringe the rights of any third party. The Company reserves the right, at its sole discretion and without prior notice, to review, reject, restrict access to, or remove any User Content that is deemed to violate these Terms.
Third-Party Intellectual Property Disclaimer
The Company assumes no responsibility for the ownership, validity, or creation of any Intellectual Property Rights belonging to its affiliates, partners, or other third parties. Responsibility for such materials shall remain with the party that owns or controls them in accordance with applicable law.
Nothing in these Terms shall prejudice the rights of any Intellectual Property Rights holder to pursue any legal remedies available under applicable law. Upon receiving a complaint or otherwise becoming aware of any alleged infringement of Intellectual Property Rights, the Company reserves the right to take such action as it deems appropriate, including reviewing, restricting access to, or removing the relevant content in accordance with applicable laws and established enforcement procedures.
Consequences of Violation
The Company reserves the right to take any action it deems appropriate in response to any breach of these Terms, including suspension of user accounts, termination of access to the Services, initiation of civil proceedings for damages, and referral of the matter to the competent law enforcement authorities where applicable.
Legal Compliance
In accessing and using the Platform and the Services, you agree to comply with these Terms and all applicable laws, regulations, and any additional terms that may apply to specific features or services.
Special Features and Age Restrictions
Certain features—including, without limitation, tobacco-related content and other restricted features—are available only to users who satisfy the applicable age requirements. You acknowledge that you understand the potential social and psychological impacts associated with such content, and any failure to comply with these requirements shall be entirely at your own risk and responsibility.
System Malfunction Disclaimer
Improper or unauthorized use of the Platform may impair its functionality. The Company shall not be liable for any loss or damage suffered by you or any third party arising from such misuse.
Third-Party Links and Services
The Company is not responsible for the content, policies, or practices of any third-party websites or services linked to or made available through the Services. Your access to and use of such third-party websites or services is entirely at your own risk.
Disclaimer
The Services are provided on an "as is" and "as available" basis, without any representations or warranties of any kind, whether express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, accuracy, availability, or uninterrupted and error-free operation, to the fullest extent permitted by applicable law.
Limitation of Liability
To the fullest extent permitted by applicable law, the Company, its affiliates, directors, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business opportunities, data, goodwill, or reputation arising out of or in connection with your use of, or inability to use, the Services, even if the Company has been advised of the possibility of such damages.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, penalties, costs, and expenses, including reasonable legal fees, arising out of or relating to: (i) your breach of these Terms; (ii) your misuse of the Services; (iii) your infringement of any third-party rights; or (iv) any false or misleading representation regarding your age or identity. Your indemnification obligations shall survive the suspension, termination, or expiration of your access to the Services.
Suspension and Termination of Access
The Company reserves the absolute right, at its sole discretion and without prior notice or obligation to provide reasons, to suspend or terminate your access to all or any part of the Services immediately, including where there is suspected violation of these Terms, suspected fraudulent activity, or a request from a competent governmental authority. The provisions relating to Limitation of Liability, Indemnification, and Dispute Resolution shall survive any suspension or termination of your access to the Services.
Force Majeure
The Company shall not be liable for any delay or failure in performing its obligations under these Terms where such delay or failure results from events beyond the Company's reasonable control, including, without limitation, natural disasters, failures of telecommunications or internet services, governmental actions or regulations, or any other force majeure event.
Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the Republic of Indonesia, without regard to its conflict of laws principles.
Any dispute arising out of or in connection with these Terms shall first be resolved through good-faith consultation and mutual discussion within thirty (30) calendar days. If the dispute cannot be resolved within such period, it shall be finally and exclusively submitted to the Kepanjen District Court (Pengadilan Negeri Kepanjen), which the parties hereby agree shall have exclusive jurisdiction.
Any claim brought by a user must be made solely in the user's individual capacity and for the user's own benefit. Nothing in these Terms is intended to limit or exclude any rights expressly granted to consumers under mandatory provisions of applicable law.
Amendments
The Company reserves the right to amend these Terms at any time at its sole discretion. Any amendments shall become effective upon publication through the Services. Your continued use of the Services following such publication constitutes your acceptance of the amended Terms.
Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or competent authority, the remaining provisions shall remain in full force and effect to the extent permitted by applicable law.
Entire Agreement
These Terms, together with the Privacy Policy and the Cookie Policy, constitute the entire agreement between you and the Company with respect to your access to and use of the Services and supersede all prior agreements, understandings, or representations relating to the same subject matter.
No Waiver
No failure or delay by the Company in exercising any right or remedy under these Terms shall operate as a waiver of that right or remedy.
Assignment
You may not assign or transfer any of your rights or obligations under these Terms without the Company's prior written consent. The Company may assign or transfer any of its rights and obligations to an affiliate or third party in connection with any merger, consolidation, acquisition, restructuring, transfer of business, or other corporate reorganization, provided that such assignment does not diminish the rights afforded to users under applicable law. Where such assignment results in a material change affecting the use of the Services or the processing of Personal Data, the Company will provide notice in accordance with applicable laws and regulations.
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