1. Acknowledgment and Acceptance
PT. Talktide INDONESIA ("Talktide") provides the use of the Talktide web site ("Web Site") to you, conditioned upon your acceptance without modification of the following terms and conditions (this "Website Terms and Conditions"). Please review this Website Terms and Conditions carefully. By using this Web Site, you are agreeing to this Website Terms and Conditions. If you do not agree or do not wish to abide by this Website Terms and Conditions, you may not use this Web Site or download materials.
2. Intellectual Property Rights
All content, text, images, data, information and other material ("Content") displayed, available or present on this Web Site, including any trademarks or copyrights, are the property of Talktide or the designated owner and are protected by applicable intellectual property laws. You agree not to infringe upon or dilute any intellectual property of Talktide, as well as not to remove or modify any trademark, copyright or other proprietary notice appearing on this Web Site. You are not allowed to link to, reproduce, sell, publish, distribute, modify, or display this Web Site or any Content without the prior written permission of Talktide.
3. Authorized and Prohibited Uses
- You will comply with all applicable laws in connection with your use of this Web Site. Talktide may in its sole discretion modify, edit, translate, suspend, restrict access to or terminate this Web Site, this Website Terms and Conditions, the Content or any link at any time without liability or prior notice. Talktide may in its discretion terminate your browsing and use of this Web Site at any time without liability or prior notice for any reason, including for any breach of this Website Terms and Conditions. In the event you link this Web Site to another web site to which Talktide objects, upon notice of such objection from Talktide, you agree to immediately discontinue such link. Moreover, you agree that no link shall be made to any page or frame of this Web Site except to the first or top page. Talktide charges no fee at this time for browsing or using this Web Site, but reserves the right to impose or modify fees in connection with the browsing or use of this Web Site at any time without liability or prior notice.
- Talktide has provided registered users the ability to access Talktide's Computer Aided Design Configurator ("TCAD") through its Web Site. The TCAD has been provided to you strictly for the purpose of assisting in the design and purchase of Talktide-brand products. Any improper or unauthorized use, reproduction, presentation and/or transmission of any TCAD files, drawings, specifications, or any other resulting or related materials may result in the termination of your use of the TCAD. Talktide's reserves the right, in its sole discretion, to terminate your use and/or the registration of the TCAD at any time without liability or prior notice for any reason, including for any breach of this Website Terms and Conditions. The TCAD, including all information, charts, formulas, factors, accuracy standards, tolerances and application recommendations are only starting points for your selection of appropriate products, and may not apply in all intended applications. The TCAD is not a substitute for a proper application analysis conducted by an experienced, knowledgeable design engineer. Product selection should be based upon your specific application needs and conditions, which will vary greatly depending on various factors. No specific product application should be based solely on the information contained in the TCAD.
4. Limitation of Liability and Disclaimers
Any and all content appearing on this web site is provided for informational purposes only. Any products of Talktide and/or its affiliated companies are subject to the standard warranty of Talktide and/or its affiliated companies and other terms and conditions of sale in the sales agreement between Talktide and the purchaser. This web site, its content and its links are provided on an "as is" and "as available" basis and are used only at your sole risk, to the fullest extent permissible by law. Talktide and its affiliated companies disclaim all warranties, express or implied, of any kind, regarding this web site (including its content, hardware, software and links), including as to fitness for a particular purpose, merchantability, title, non infringement, results, accuracy, completeness, accessibility, compatibility, security and freedom from computer virus. Talktide and its affiliated companies will not be liable for any damages or losses, including direct, indirect, consequential, special, incidental or punitive damages and/or lost profits, in connection with use of the internet, this web site, its content or its links.
5. Indemnification
You will defend, indemnify and hold harmless Talktide and its affiliates, officers, directors, employees and contractors from any demands, claims, damages, liabilities, expenses or harms, including attorneys fees, arising in connection with your use of this Web Site, online conduct, breach of this Website Terms and Conditions or dealings or transactions with other persons resulting from use of this Web Site.
6. Applicable Law and Arbitration
This Web Site, this Website Terms and Conditions and any disputes arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of Indonesia without regard to its conflicts of law principles. Any claim or dispute arising from this Website Terms and Conditions or this Web Site shall be finally settled in Jakarta, Indonesia, under the administrative and procedural Rules of Arbitration of Badan Arbitrase Nasional Indonesia (BANI) by arbitrators appointed in accordance with said rules. The award under such arbitration shall be final and binding on the parties. The number of arbitrators shall be one(1). The language of the arbitration shall be English unless otherwise agreed by the Customer and Talktide in writing.
7. Responsibility of Login ID and User Information
You agree that you will be responsible for maintaining any login ID, customer number or Talktide web order system registration information (collectively "Login ID"), which shall include without limitation, passwords, unique user identifications, specific user Login ID information and all other information used in connection with any Talktide issued Login ID as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your Login ID. You agree to immediately notify us in the event that (i) your Login ID is lost or stolen, or (iii) your Login ID or a corporate user Login ID for which you are responsible requires immediate termination due to the resignation and/or termination of any employee or agent; and (iii) you become aware of any unauthorized use of your Login ID or of any other breach of security that might affect the Web Site or the TCAD. However, your notification to Talktide of any lost or stolen Login ID information, the termination of any Talktide Login ID or unauthorized use of your Login ID will not necessarily limit or eliminate your liability with respect to any damage, claims, and/or charges resulting from the use or misuse of this Web Site or the TCAD.
8. Miscellaneous
You represent and warrant that you are authorized to enter into this Website Terms and Conditions on behalf of any entity which you represent. This Website Terms and Conditions constitute the entire agreement between the parties with respect to its subject matter and supersede any prior agreement or communication. This Website Terms and Conditions may only be modified by Talktide, at its sole discretion. If any provision of this Website Terms and Conditions is held to be invalid or unenforceable for any reason, then the remaining provisions will remain in full force and effect. Your obligations pursuant to this Website Terms and Conditions shall survive termination of this Web Site, any use by you of this Web Site and any Content, or this Website Terms and Conditions.