Terms And Conditions

PLEASE READ THIS AGREEMENT CAREFULLY. YOU MUST READ, UNDERSTAND, ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT ("AGREEMENT") BEFORE USING THE SERVICES AND CONTENT, AS DESCRIBED BELOW. BY CONTINUING TO USE OUR APPLICATION AND SERVICES, YOU AGREE WITH OUR TERMS AND ARE ENTER INTO A BINDING CONTRACT AND LEGAL AGREEMENT WITH PT THINK ENGINE SOFTWARES (Think Engine) AND YOU PROVIDE YOUR EXPRESS CONSENT TO RECEIVE THE SERVICES AND ACCESS TO ANY CONTENT (DEFINED BELOW). IF YOU DO NOT ACCEPT AND AGREE TO THIS AGREEMENT, DO NOT DOWNLOAD AND / USE OUR APPLICATION AND SERVICES, AND YOU WILL NOT HAVE ANY RIGHT TO ACCESS OR USE THE SERVICES. ACCEPTANCE OF THIS AGREEMENT AND PROVISION OF THE SERVICES IS EXPRESSLY CONDITIONAL UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS AND CONDITIONS. IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY THINK ENGINE, YOUR ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

General Terms

Welcome to Jagoan.co.id, Jagoan application (Jagoan). PT Think Engine Softwares (Think Engine) and/or its affiliates (Think Engine) provide mobile handset application and website features to you (both individual consumers and businesses) subject to the following conditions. Your use of Think Engine’ products, software, services and web sites, which may be utilized by you through the processes provided on the Site or through the use of a phone or other communication device (referred to collectively as the “Services” in this document) is to be solely for your own personal, non-commercial use, and not for the use or benefit of any third party.

1. Accepting the Terms

In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.

You have accepted the terms if you:

  1. If you visit or actually use Jagoan.co.id or
  2. Download and use Jagoan BlackBerry, prior to using the application you are given the option to discontinue the use of the Services in the user interface, for any Service.
You may not use the Services and may not accept the Terms if
  1. You are not of legal age to form a binding contract with Think Engine, or
  2. You are a person barred from receiving the Services under the laws of the Indonesia or other countries including the country in which you are resident or from which you use the Services.

Before you continue, you should print off or save a local copy of the Universal Terms for your records.

2. Definition of Terms

Through out this document, the below terms may be used:

  1. Content means all content posted onto Jagoan including, without limitation, all text, graphics, icons, photographs, trailers and URLs.
  2. Accessible Content means all Content and all similar content on sites to which URLs contained in Content are linked.
  3. Business Listing means a business listing in the Database. A Business Listing may contain information about the listed business, for example, contact details.
  4. Database means the national database of Business Listings, which is collected by Think Engine and made accessible to the public via the online business directory and mobile application on Jagoan.
  5. Browsing Consumers refers to individuals using Jagoan’s services for personal leisure purposes.
  6. Services refers to any information delivery / distribution format used in Jagoan or by Think Engine.

3. Electronic Communication

When you visit Jagoan.co.id, use Jagoan mobile applications or send e-mails to us, you are communicating with us electronically. You consent and opt-in to receive communications from Think Engine by electronic means, which may include electronic mail, posting notices on our sites, SMS text messages or other means selected and used by Think Engine from time to time. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may also opt out from receiving further Think Engine electronic mail messages by unsubscribing through our sites.

4. Hardware and Equipment

You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, hardware devices, software, and other Internet, wireless, broadband, phone or other mobile communication device connection services. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services and you shall be responsible for all charges incurred in connection with use of the Services in connection with all such equipment and ancillary services.

5. Software Updates

The Services that you use may require software updates. The Software may automatically download and install updates from time to time from Jagoan. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Think Engine to deliver these to you) as part of your use of the Services

6. Content License, Site Access and Application Usage

Think Engine grants you a limited license to access and make personal use of our Content and Business Listings and not to download (other than page caching or via Jagoan’s service functions such as send to friend) or modify it, or any portion of it, except with express written consent of Think Engine.

Personal use and automated access to Jagoan by or on behalf of Internet search engines is permitted subject to the following:

  1. Access of Jagoan must be through the normal Jagoan interface provided;
  2. Access of Jagoan must not be through any automated means (including, without limitation, through the use of scripts or web crawlers);
  3. You must not use Jagoan if you have previously been barred from using Jagoan, or any other website or application operated by Think Engine;
  4. You must not infringe the intellectual property rights of others;
  5. You must not impersonate or falsely state or misrepresent an affiliation with any person or organization;
  6. You must not use Jagoan or any information contained on Jagoan in connection with any surveys, contests, pyramid schemes, chain letters, junk email, spamming or any similar activity;
  7. You must not violate (or cause Think Engine to violate) any applicable law, regulation, standard or relevant industry code;
  8. You may not use any meta tags or any other "hidden text" utilizing Jagoan's name or trademarks without the express written consent of Think Engine. Any unauthorized use terminates the permission or license granted by Think Engine.
  9. This license does not include any resale or commercial use of this site or its contents; any collection and use of any listings, descriptions, or any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
  10. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Think Engine. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Jagoan’s sites and applications without express written consent.
  11. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Jagoan.co.id so long as the link does not portray Jagoan, or its products or services in a false, misleading, derogatory, or otherwise offensive matter.
  12. You may not use any Jagoan logo or other proprietary graphic or trademark as part of the link without express written permission.

Think Engine does not promote, recommend or condone use of the Services during certain activities, such as automobile driving, where there is risk of accident, personal injury, property damage or death. You agree not to use the Services during such activities, and warrant, represent and certify that you will not do so.

7. Personal Accounts and Vendor Logins

In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Jagoan will always be accurate, correct and up to date.

If you use this site, you / your company are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Jagoan reserves the right to refuse service, terminate accounts, remove or edit content in their sole discretion.

8. Reviews and Communications

Browsing Consumers may post reviews, comments, and other content; send e-mails, sms and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Think Engine reserves the right (but not the obligation) to pre-screen, review, flag, filter, edit or modify, refuse or remove any or all Content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Think Engine a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Think Engine and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Think Engine for all claims resulting from content you supply. Think Engine has the right but not the obligation to monitor and edit or remove any activity or content. Think Engine takes no responsibility and assumes no liability for any content posted by you or any third party.

9. Listing Descriptions

Think Engine attempts to be as accurate as possible. However, Think Engine does not warrant that vendor, sale or discount descriptions or other content of this site is accurate, complete, reliable, current, or error-free.

10. Other Businesses

Parties other than Think Engine that promote their products and services on this site and application. We provide links to the sites of affiliated companies and certain other businesses. However, we are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Think Engine does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

2. Businesses’ Listings and Content

1. Content

If you provide information to Think Engine You acknowledge and agree that Think Engine retains complete editorial control over Jagoan and that Think Engine may, in its sole discretion and without notice to You:

  1. Reject, remove, delete or amend any material contained on Jagoan or in the Database at any time, including (without limitation) any material contained in any Business Listing;
  2. Reject, refuse, remove, delete or amend any Content at any time;
  3. Position Content and/or any Business Listing as it sees fit; and
  4. Stipulate other conditions to ensure that the commercial nature of Content is clear.

2. Business Listings

You may use Jagoan to add, amend and/or update a Business Listing, solely on the terms and conditions of this Agreement.

All Content must:

  1. Be complete and accurate;
  2. Be supplied in the manner and format specified by or directed by Think Engine;
  3. Not be of a nature likely to bring Jagoan or Think Engine into disrepute; and
  4. Comply with all laws, regulations, standards and relevant industry codes.

You must not:

  1. Use Jagoan to post Content for a business that is not located in Indonesia;
  2. Use Jagoan to add or amend a Business Listing where You do not have the express authorization of that business to do so and if requested, you must present this authorization;
  3. Upload, post, transmit, publish or otherwise make available any Accessible Content that You do not have a right to make available under any law, regulation, rule or code or under contractual or other legal relationships;
  4. Upload, post, transmit, publish or otherwise make available any false, misleading, inappropriate, profane, defamatory, abusive, threatening, obscene, indecent or unlawful Accessible Content;
  5. Infringe the intellectual property rights of others; or
  6. Breach a law including, without limitation, any law that restricts advertising of a profession.

3. Updating Content and Listings

If any of the information in the Business Listing for Your business changes, becomes out of date, or no longer complies with this Agreement, You must:

  1. Immediately amend Your Business Listing so that it complies with this Agreement; and/or
  2. Immediately notify Think Engine.

4. Contact Information

You acknowledge and agree that by posting Content onto Jagoan You consent to being contacted (on an ongoing basis) via any of the contact details contained in that Content, including (without limitation) where such contact involves receiving information about products or services which we think may interest You from Jagoan or any Jagoan authorized third party.

3. Intellectual Property

1. Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, video files, data compilations, and software, is the property of Think Engine or its content suppliers and protected by Indonesia and international copyright laws. The compilation of all content on this site is the exclusive property of Think Engine and protected by Indonesian and international copyright laws. All software used on this site is the property of Think Engine or its software suppliers and protected by Indonesia and international copyright laws.

You acknowledge and agree that all intellectual property rights comprised in or relating to Jagoan and the Database belong to Think Engine or our licensors, and that nothing in this Agreement constitutes a transfer of any intellectual property rights.

2. Downloading Content

You may download and view content and/or print a copy of material on Jagoan for Your own use only, provided that You do not:

  1. Modify the content (including, without limitation, any copyright notice) in any way;
  2. Make the content public; or
  3. Use the content in a manner or for a purpose prohibited by this Agreement.

3. Reproducing Content

Except as expressly permitted by this Agreement or by law, You may not reproduce any content appearing on Jagoan without our written permission and, if required, payment of a specified fee. You must not do anything that breaches or otherwise interferes with Think Engine’s intellectual property rights. Requests to reproduce any content may be made via the website feedback form.

4. Distribution of Content

We may publish and communicate to the public any Content. You retain copyright and any other rights you already hold in Content that you submit, post or display on or through, the Services. However, by submitting, posting or displaying the content you give Think Engine a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to:

  1. Reproduce, adapt, add to, use, copy, modify, communicate, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services, for any purpose and in any manner anywhere in the world, including (without limitation) on Jagoan and as part of the Database; and
  2. Permit any other person to do any of the things referred to in paragraph (a), (Distribution of Content).

5. Content License from Users

For the avoidance of doubt, you acknowledge and agree that:

  1. The License includes a right for us to:
  2. Make the Content available to other companies, organizations or individuals with whom Think Engine has a relationship for the provision of syndicated services, and to use such Content in connection with the provision of those services;
  3. Make the Content available to the public via any website or as part of any services or products in any jurisdiction;
  4. We will allow Jagoan users to search Content you have posted; and
  5. You will do everything necessary (including without limitation, on request, execution of any documents) to give Think Engine the full benefit of the licenses, waivers and consents set out in this clause 3.

You understand that Think Engine, in performing the required technical steps to provide the Services to our users, may

  1. Transmit or distribute your Content over various public networks and in various media; and
  2. Make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Think Engine to take these actions.

The License will survive any termination of this Agreement.

Your use of some Third Party Content (including, without limitation, third party websites linked to Jagoan) may be subject to a third party's terms and conditions of use. Nothing in this Agreement (or otherwise on Infolink) constitutes a licence or right for You to use such content.

4. Disclaimer of Warranties and Conditions

THE SERVICES AND THE CONTENT ARE PROVIDED TO YOU STRICTLY ON AN "AS IS", "WHERE IS" AND "AS AVAILABLE" BASIS. THINK ENGINE DOES NOT MAKE, AND YOU DO NOT RECEIVE ANY REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES OR THE CONTENT. YOU ACKNOWLEDGE AND AGREE THAT THINK ENGINE DOES NOT REPRESENT OR WARRANT, OR GIVE ANY CONDITION THAT: (I) THE USE OF THE SERVICES OR THE CONTENT WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY HARDWARE, SOFTWARE, DEVICE, PHONE, COMPUTER, SYSTEM OR DATA, (II) THE SERVICES OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (III) ANY DATA WILL BE ACCURATE OR RELIABLE, (IV) ERRORS OR DEFECTS WILL BE CORRECTED, OR, (V) THE SERVICES OR THE CONTENT, OR THE COMPUTERS AND SYSTEMS THAT MAKE THE SERVICES OR CONTENT AVAILABLE, ARE FREE OF VIRUSES, WORMS, TROJANS, MALICIOUS CODE, SPYWARE, MALWARE OR OTHER HARMFUL COMPONENTS OF ANY KIND. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING FROM A COURSE OF CUSTOM OR TRADE, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, ANY IMPLIED WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OR CONDITION OF COMPLIANCE WITH ANY DESCRIPTION, OR IMPLIED WARRANTY OR CONDITION OF NON-INFRINGEMENT, VIOLATION AND/OR NON-MISSAPROPRIATION OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED BY THINK ENGINE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE FOREGOING SHALL SURVIVE ANY TERMINATION OR EXPIRY OF THIS AGREEMENT, HOWSOEVER CAUSED.

5. Limitation of Liability

NEITHER THINK ENGINE NOR ITS SUPPLIERS, LICENSORS, CONTRACTORS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR THE CONTENT SHALL BE LIABLE TO YOU OR ANYONE CLAIMING THROUGH YOU FOR ANY LOSS OF PROFITS OR REVENUE, LOSS OR INACCURACY OF DATA, FAILURE TO REALIZE EXPECTED RESULTS, REVENUES OR SAVINGS, ECONOMIC LOSS, OR INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION, THE COST OF ANY SUBSTITUTE PROCUREMENT), RESULTING FROM YOUR ACCESS TO, RELIANCE ON, OR USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES AND/OR THE CONTENT, WHETHER BASED ON OR IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT THINK ENGINE KNOWS OF THE POSSIBILITY OF SUCH DAMAGE OR HAS BEEN ADVISED OF SUCH POSSIBILITY, OR SUCH POSSIBILITY IS REASONABLY FORESEEABLE. THINK ENGINE SHALL IN NO EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INACCURACY, ERROR OR OMISSION IN, OR LOSS, INJURY OR DAMAGE CAUSED IN WHOLE OR IN PART BY FAILURES, DELAYS OR INTERRUPTIONS IN THE SERVICES GENERALLY, AND ANY CONTENT OR SERVICES CONTAINED THEREIN OR SUPPLIED SUBSEQUENTLY BY AGREEMENT BETWEEN YOU AND THINK ENGINE. YOU AGREE THAT, IN ALL CASES, YOU CAN MAKE NO CLAIMS FOR DAMAGES AGAINST THINK ENGINE ARISING FROM ANY ACCESS TO, USE OF OR RELIANCE ON THE SERVICES, THE SITE OR THE CONTENT, OR OTHERWISE ARISING UNDER THIS AGREEMENT. THE FOREGOING SHALL SURVIVE ANY TERMINATION OR EXPIRY OF THIS AGREEMENT, HOWSOEVER CAUSED.

6. Indemnification of Think Engine

YOU SHALL INDEMNIFY, DEFEND AND FOREVER HOLD THINK ENGINE, AND THINK ENGINE’ LICENSORS, SUPPLIERS, CONTRACTORS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, COSTS, DAMAGES, LOSSES, LIABILITIES, SUITS AND EXPENSES (INCLUDING LAWYERS' FEES AND COSTS) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SERVICES OR TO THE CONTENT, OR ANY BREACH OF THIS AGREEMENT BY YOU. THE FOREGOING SHALL SURVIVE ANY TERMINATION OR EXPIRY OF THIS AGREEMENT, HOWSOEVER CAUSED.