TERMS & CONDITIONS

General Provisions

1. In this context, the User refers to any individual or business entity legally protected under Law No. 11 of 2008, as amended by Law No. 19 of 2016 on Information and Electronic Transactions, comprising the following:
   1. Any individual who accesses the Website or downloads the Application;
   2. The Company, defined as a business entity that registers with the Services; or
   3. Employee, defined as the personnel registered by the Company to engage in the Services.
2. The User agrees to utilize the Services in accordance with these Terms and Conditions, acknowledging that the responsibility for such use rests solely with the User.
3. We provide the Services on an as-is basis for workforce management, without involvement in the User's internal policies or industrial relations with their employees.
4. The Kolegahr product offers attendance services and additional features that we will develop for the Services.
5. The Services are accessible through the website kolega.co.id ("Website") and/or mobile application ("Application") (The Site and Application are collectively referred to as the 'Services') and are available for download through Google Play Store or App Store (iOS).
6. We reserve the right to change, modify, suspend, or terminate all or part of the Services at any time and may impose limits on specific features or restrict User access based on our internal decisions or applicable regulations.
7. Downloading and using the Services is free of charge, but an internet connection is required. Any costs incurred from the mobile device's connection are the sole responsibility of the User.
8. The Services can be used by the User after registering and providing the requested personal data as required in the Services (“Personal Data"). Personal Data provided will be used exclusively for delivering the Services and other purposes outlined in Privacy Policy.
9. The User acknowledges and agrees that we may, at our sole discretion, suspend, revoke, or deny access to the Services, in whole or in part, temporarily or permanently, with or without prior notice, under the following circumstances: (i) failure to comply with payment terms outlined in these Terms and Conditions and/or the Agreement; (ii) indications of fraud, data theft, or violations of these Terms and Conditions or applicable laws. In such cases, we shall not be liable for any resulting losses or obligated to compensate the User.

Service-Specific Terms

Account Creation and Usage

Upon the establishment of an account within the Services (“Account), the User hereby declares and warrants that:

1. The User acknowledges that they have read and accepted the Terms & Conditions, Privacy Policy along with the billing for the use of the Services;"
2. The User affirms that they are of legal age to enter into binding contracts and are not prohibited from receiving the Services under the laws of the Republic of Indonesia or any other applicable jurisdiction. Furthermore, the User has not been previously suspended, removed, or prohibited from using the Services;
3. The User shall use the Services solely for lawful purposes and shall not violate applicable laws or societal norms;
4. Any material submitted through the Account or uploaded or shared by the User via the Services and/or supporting applications shall not infringe the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, nor shall it contain defamatory, libelous, or unlawful content;
5. All information provided by the User to us, including Personal Data, is accurate and complete;
6. The User agrees to provide and promptly update accurate and complete Account information. The User indemnifies us against any liability arising from errors due to failure to update such information;
7. During the Account creation process, the User is prohibited from:
   1. submitting fraudulent Personal Data to us (including the User's name). (fake username) or establishing an Account on behalf of another individual without their consent;"
   2. using a username (fake which constitutes another individual's name with the intent to impersonate that person;
   3. another individual without appropriate authorization; or
   4. (username) misleading, defamatory, obscene, pornographic, or discriminatory and racially biased in nature.
8. The User is responsible for ensuring the confidentiality of their password (password) and the Account, and agrees to promptly inform us if the password (password) is lost, stolen, disclosed to unauthorized third parties, or otherwise compromised. The User is responsible for all activities within the Account and must promptly notify us if they believe the Account is no longer secure.
9. The User is responsible for arranging access to the Services and ensuring that all individuals accessing the Services through the Account are aware of and comply with these Terms and Conditions and any other applicable provisions.
10. The User warrants that all necessary approvals and lawful authority from Personal Data owners (including the User's employees and their family members) for processing in relation to the use of the Services, as outlined in these Terms and Conditions, have been obtained.

Service Access Rights

Access rights within the Services encompass:

1. Access rights as a Web Administrator:
2. Access rights as an Application user.

Initial Data

To utilize the Services, the User must provide initial data that includes, at a minimum:

1. Company Data; and
2. Employee Data

or any additional data required for the Services as outlined in the request form provided by Us. The use and management of User data for the Services are subject to Privacy Policy Us.

Confidential Information

1. In relation to the use of the Services, all information pertaining to the implementation of these Terms and Conditions and the Services, received by either party (the User or Us), shall be referred to as(" Receiving Party") from the other party, referred to hereinafter as the ("Providing Party"), must be treated as confidential and safeguarded (hereinafter referred to as ("Confidential Information").
2. The Receiving Party of Confidential Information is prohibited from disclosing, sharing, or processing such information with any third party without prior written consent from the Providing Party.
3. For the purposes of the Terms and Conditions and Service usage, Confidential Information is not deemed confidential if it meets the following criteria:
   1. Already publicly available or in the public domain (public domain) except for a breach of these Terms and Conditions;
   2. Known to or in the possession of the Receiving Party before the Providing Party disclosed the Confidential Information.
   3. Legally obtained by the Receiving Party from a third party authorized to disclose it; or
   4. If the Receiving Party is required by law or an authorized party to disclose Confidential Information, it shall notify the Providing Party of the request.
4. Confidential Information remains the property of the Providing Party. Upon termination of the Services for any reason, the Receiving Party must stop using and destroy all originals and copies, in any form, of the Confidential Information. The Receiving Party shall not retain any summaries, reports, or excerpts containing Confidential Information in electronic or printed format, unless otherwise specified in Our data retention policy.
5. In the event of illegal dissemination or disclosure of Confidential Information, the harmed party may seek compensation for any damages incurred from the disclosing party.

Legal Framework and Dispute Resolution

1. These Terms and Conditions shall be governed, regulated, and interpreted in accordance with the laws of the Republic of Indonesia.
2. In the occurrence of a dispute or disagreement arising from or related to the enforcement of these Terms and Conditions ("Dispute"), then We and the User (each referred to as ('Party'), collectively referred to as ("The Parties") agree to resolve the matter through consensus-based deliberation. The parties will document the outcome of their agreement regarding the dispute in a settlement report signed by both parties.
3. If the dispute cannot be resolved through consensus-based deliberation, the parties agree to submit the dispute to arbitration at the Indonesian National Arbitration Board (BANI).
4. The venue for arbitration shall be Jakarta, Indonesia, and the language of proceedings shall be Indonesian.
5. The parties agree to uphold their obligations under these Terms and Conditions throughout the dispute resolution process.

Force Majeure

If we are unable to fulfill our obligations, in whole or in part, due to circumstances beyond our control—such as system hacking, natural disasters (including earthquakes, tsunamis, volcanic eruptions, floods, droughts, and landslides), disease outbreaks, fires, industrial disputes, mass strikes, civil wars, rebellions, power struggles, wars, terrorism, non-functioning networks or computers due to power outages, or changes in policies/regulations restricting our operations under Indonesian law—the User hereby releases us from any and all claims related to our inability to meet our obligations in connection with the use of the Services.

Statements and Prohibitions 

1. The User acknowledges that all Intellectual Property Rights in the Services are owned by us. All information and materials, including but not limited to applications, texts, data, graphics, images, trademarks, logos, icons, HTML code, and other codes, may not be published, modified, copied, reproduced, or altered in any way without our express written permission. Any violation of these rights may result in legal action to recover damages or losses incurred and may also constitute a criminal offense under applicable law.
2. The User agrees to indemnify us against all losses, taxes, costs, legal fees, and liabilities (whether present, future, contingent, or otherwise) incurred as a result of or in connection with a breach of these Terms and Conditions, provided that such losses are not attributable to actions taken by us.

Restrictions and Release

1. Our obligations concerning the use of the Services are limited to the operational features provided. Consequently, neither we nor our officers, directors, employees, or representatives shall be liable for any results or conditions arising from the User's use of the Services.
2. Users acknowledge that we are not liable for any consequences or losses arising from the aforementioned matters, including but not limited to: (i) data loss; (ii) loss of revenue, profit, or other income; and (iii) loss, damage, or injury resulting from the User's misuse of the Services.
3. We may suspend or terminate the User's account or that of any party receiving a transfer from the User if it has been sold, offered for sale, given, surrendered, or transferred in violation of the Service provisions. In such cases, the User releases us from any liability or losses resulting from their negligence regarding the Account.

Other Provisions

We may review and amend these Terms and Conditions at any time, and the User acknowledges their agreement to such changes and is required to periodically review these Terms to remain informed of the current provisions regarding the use of the Services.

Contact

Users may reach out to us with any inquiries regarding these Terms and Conditions through:

PT BIMA SAKTI ALTERRA
Address: Jalan Melati No 61, Dangin Puri Kangin, Denpasar, Bali.
Email : kolegahr@bsa.id
Phone Number : +62361 4785050 / +62811-3830-7300