Terms of Services
Welcome to AJAR Cloud LMS!These terms and conditions outline the rules and regulations for the use of PT AJAR MEDIA DIGITAL's Website, located at ajar.co.id.
By accessing this website we assume you accept these terms and conditions. Do not continue to use AJAR Cloud LMS if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Indonesia. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
LICENSE Unless otherwise stated, PT AJAR MEDIA DIGITAL and/or its licensors own the intellectual property rights for all material on AJAR Cloud LMS. All intellectual property rights are reserved. You may access this from AJAR Cloud LMS for your own personal use subjected to restrictions set in these terms and conditions. You must not:
- Republish material from AJAR Cloud LMS
- Sell, rent or sub-license material from AJAR Cloud LMS
- Reproduce, duplicate or copy material from AJAR Cloud LMS
- Redistribute content from AJAR Cloud LMS
Parts of this website offer an opportunity for users to upload Contents in certain areas of the website. PT AJAR MEDIA DIGITAL does not filter, edit, publish or review Contents prior to their presence on the website. Contents do not reflect the views and opinions of PT AJAR MEDIA DIGITAL, its agents and/or affiliates. Contents reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, PT AJAR MEDIA DIGITAL shall not be liable for the Contents or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Contents on this website.
PT AJAR MEDIA DIGITAL reserves the right to monitor all Contents and to remove any Contents which can be considered inappropriate, offensive or causes breach of these Terms and Conditions. You warrant and represent that:
- You are entitled to upload the Contents on our website and have all necessary licenses and consents to do so
- The Contents do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party
- The Contents do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
- The Contents will not be used to solicit or promote business or custom or present commercial activities or unlawful activity
- You hereby grant PT AJAR MEDIA DIGITAL a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Contents in any and all forms, formats or media.
The Client shall be a natural or legal person. Accounts created by robots or by automatic means are strictly prohibited. The Client shall provide its full identity, a valid email address as well as any mandatory information that are necessary for the creation of the online account. The Client shall create as many IDs as Users. Each User shall have an ID and a personal password. The ID is personal and cannot be used by several Users.
AJAR CLOUD LMS OBLIGATION
AJAR Cloud LMS undertakes to implement all means needed to ensure continuity and quality of access to the electronic platform that hosts the Software during the usual opening hours in Indonesia, from Monday to Friday, from 8:30am to 4:30pm, Indonesian time, with the exception of Indonesian public holidays (the “Opening Period”).
Software maintenance operations (hereafter, the “Maintenance”) shall be performed daily outside of the Opening Period. The Software may not be accessible during Maintenance, if need be. AJAR Cloud LMS endeavors to inform the Client of any Maintenance scheduled during the Opening Period at least forty-eight (48) hours in advance, except in particular in emergency cases.
AJAR Cloud LMS warrants to the Client that the Software offers all security conditions and measures in accordance with industry standards. The Client’s personal data which are collected when the Software is used are kept on secured devices in accordance with technical standards that comply with best industry practices throughout the term of the Contract.
THE CLIENT'S OBLIGATIONS
The Client represents and warrants that it has a good understanding of the characteristics and constraints of the Internet, the response times for viewing, querying or transferring information. The Client represents that it is aware of security measures implemented by AJAR Cloud LMS, but acknowledges that because of the Internet’s characteristics, security shall be construed as a best-efforts obligation (“obligation de moyens”) on the part of AJAR Cloud LMS. In particular, AJAR Cloud LMS shall not be held responsible for the Software’s unavailability that is due to its subcontractors.
AJAR Cloud LMS does not accept any liability for the reliability, sincerity, accuracy or relevancy of the information that are made available by the Client and the Users through the Software. The Client is solely responsible for the above mentioned information vis-à-vis third parties. Accordingly, the Client warrants and holds AJAR Cloud LMS harmless for any claim or legal action brought by a third party on the basis of these information and indemnifies AJAR Cloud LMS against all consequences (damages, costs, including lawyer’s fees, etc.) or any enforceable judicial decision rendered against AJAR Cloud LMS and in favor of those third parties. The Client undertakes, for itself and for the Users, not to pursue illegal purposes, download, transmit or distribute viruses, contents that are illegal, malicious, deceiving or that violate public decency, harm third parties or their rights, or that encourage the pursuit of illegal activities, not to interfere with the Software, the servers or the networks that are connected to the Software or interrupting those.
AJAR Cloud LMS controls neither the validity nor the legality of the data that are entered or accessed by the Client and the activities that are performed by the Client via the Software. The Client is responsible for its data, for any content that it or the Users distribute(s) or for its use or the Users’ use of the Software and more generally for compliance with the applicable rules by the Client and the Users, and holds AJAR Cloud LMS harmless for any claim made by a third party in this respect and shall indemnify AJAR Cloud LMS for all consequences (damages, convictions, costs, including legal and lawyer’s fees, etc.) of such a claim. It is the Client’s responsibility to ensure that it has the equipment, software and means that allow it to use the Software.
The Client undertakes not to modify, reproduce or hack the Software and/or not to modify or create another website in order to mislead potential clients and have them believe that this website is linked to the Software. The Client undertakes not to reproduce, duplicate, copy, sell, resell or exploit the Software or any portion thereof or the use of the Software or the access to the Software. The Client undertakes not to transmit any virus or other code that may lead to failures of the Software or damage it.
The Client confirms that it is interested in the use of the Software for the training of its staff, partners or clients. It shall not use the Software to test its performances or functionalities with the aim of offering competing services.
In the event that the Client or a User does not comply with any of the obligations to which they are subject personally or collectively, AJAR Cloud LMS reserves the right to suspend access to the Software, after having informed the Client via email of such suspension. This ability to suspend is without prejudice to any other remedy that are available to AJAR Cloud LMS and in particular its right to terminate the Contract.
TERM OF FREE TRIAL
The Contract is concluded for an initial trial period of thirty (30) calendar days as from the date on which the Client’s account is opened (the “Effective Date”). The purpose of this free trial period is to allow the Client to test the functionalities of the Software.
Upon expiration of this free trial period, the Contract is not automatically renewed. The absence of renewal of the Contract shall not give rise to any indemnity. All the data that are entered in the Software and all the customization that are made on the Software by the Client during the trial period and, more generally, during the Contract are permanently lost upon termination of the Contract unless the Client submits a prior request to AJAR Cloud LMS, which shall charge the Client for the costs related to the retrieval of these data.
In the event that the Client does not comply with any of its obligations and does not remedy such breach within eight (8) days following receipt of a notice sent by registered letter with acknowledgment of receipt, AJAR Cloud LMS is legally entitled to terminate the Contract, without prejudice to any other remedy that are available to it.
The Contract may be terminated in the event of non-payment of an amount that is due under the Contract and that has not been paid eight (8) days after the notice sent for that purpose, without prejudice to the damages that AJAR Cloud LMS could claim.
In case of delay of payment of an invoice related to the use of the Software, AJAR Cloud LMS reserves the right to suspend access to the Software. All the amounts that have been paid to AJAR Cloud LMS by the Client by the date of termination of the Contract are the property of AJAR Cloud LMS and AJAR Cloud LMS shall be entitled to request immediate payment of any amount that has been invoiced or that will be invoiced under the Contract.
Using the Software during the trial period is free. This free use of the Software applies only once for a given Client.
On the subscription date (the “Subscription Date”), the Client shall pay in advance the price allowing for the use of the Software for the coming month. The price is calculated on the basis of the number of registered Users on the Subscription Date. A regularization shall be performed for the Users who would have been registered between the Subscription Date and the date of the next first invoicing.
Billing is performed monthly, on the day of the Subscription Date, on the basis of the number of Users who are registered by this date. A regularization shall be performed for the Users who would have been registered between this date and the date of the next first invoicing.
AJAR Cloud LMS reserves the right to revise the Software’s access price by means of a notice sent to the Client by email via the admin account. This new rate shall take effect two (2) months after this notice; the Client is entitled to terminate the Contract during that period in accordance with the terms stipulated in Article Termination. Continuation of the Contract shall amount to acceptance of the new rate.
Invoices are due within five (5) days of its date of issue. Without prejudice to other remedies that are available to the Parties, failure to pay an invoice related to the use of the Software that has fallen due shall automatically lead to, in addition to its immediate collectability, the invoicing of interest rates calculated on the basis of a rate equal to five times the legal interest rate that is applicable to amounts that fall due as from the due date.
In the event that AJAR Cloud LMS entrusts the collection of its debt to a third party, the Client shall be liable, in addition to the above mentioned interest rates, for the costs and fees that have been incurred for the collection of the debt.
INTELLECTUAL PROPERTY AND PROPERTY OF THE DATA THAT ARE HOSTED
The Client retains full ownership of the data that it hosts on the platform. AJAR Cloud LMS reserves the right to duplicate these data for hosting or backup purposes. Any copyright, trademark or other intellectual property right (whether they are subject to registration or not) as well as any other property right or other right relating to the Software, the interfaces and specific developments resulting thereof for the purposes of the integration in the Client’s information system, the user guides and the related documentation (hereafter referred together as “Rights”) are and remain, in any circumstances, the exclusive property of AJAR Cloud LMS or its licensors.
The Client is solely responsible for the direct and indirect consequences of the intervention of a third party or a User on the Software and indemnifies AJAR Cloud LMS against any consequences (damages, costs, including lawyer’s fees, etc.) and any enforceable judicial decision resulting thereof rendered against AJAR Cloud LMS , including vis-à-vis third parties, without prejudice to other claims and indemnities that are available to AJAR Cloud LMS pursuant to the Contract.
Data published by the Client: the Client reserves AJAR Cloud LMS ’s right to publish, duplicate, copy, exploit and retain data that are publicly exposed by the Client through the Software’s functionalities.
The Software is accessed remotely, via the Internet network, by way of a “Service as a Software” or SaaS.
Using IDs and passwords (hereafter, the “Access Codes”) that will be communicated by AJAR Cloud LMS to the Client is necessary in order to access the Software at each connection.
The Client is solely responsible for the safekeeping, security and integrity of the Access Codes that are communicated by AJAR Cloud LMS to the Client or to a User and undertakes to report to AJAR Cloud LMS any loss or abusive use of the Access Codes, at the earliest opportunity and by all means, provided that it confirms without delay this loss or this abusive use by registered letter with an acknowledgment of receipt to AJAR Cloud LMS. Until receipt by AJAR Cloud LMS of such confirmation by registered letter with an acknowledgment of receipt, any action performed by a User on the Software is deemed to be performed by the Client and gives rise to the Client’s sole liability vis-à-vis AJAR Cloud LMS and third parties.
AJAR Cloud LMS reserves the right to suspend access to the Software in case of legitimate suspicion of fraudulent use or attempted fraudulent use of the Software. AJAR Cloud LMS informs the Client of such an event at the earliest opportunity.
The parties acknowledge that, despite the high level of security standards implemented by AJAR Cloud LMS :
- Data transmitted via Internet transit via independent electronic communication networks that have diverse characteristics and capacities and that are sometimes over-utilized,
- The Internet is an open network and, therefore, information that are transmitted via this means are not protected against risks of leaks, fraudulent, malicious or unauthorized intrusion in the Client’s information system, hacking, extraction or unauthorized alteration of data, system programs and files, contamination by computer viruses, and
- It is the Client’s responsibility to implement all appropriate measures including awareness-raising and controlling the activities of its Users in order to protect their information system and their data against a contamination by viruses and attempted unauthorized intrusion by third parties.
The Client represents and warrants to AJAR Cloud LMS that all the operations that are carried out by itself, including the Users, directly or indirectly thanks to the Software, comply with the rules that are applicable to its activities and to the Contract.
AJAR Cloud LMS shall only be held liable for its own actions under the Contract and shall not be held liable for any indirect damages that might occur as a result of the use of the Software, including loss of profits, image, clients, activity, reputation or expected gain, time spend with the staff or service providers or loss of opportunity.
AJAR Cloud LMS shall not be held responsible for any kind of content, provided or made accessible by the Client and the Users, through the Software (hereafter, the “Contents”). The Client grants AJAR Cloud LMS a non-exclusive license on the Contents, concerning their use, reproduction or exploitation of the rights related thereto, including the modifications and translation, on any medium and for the entire legal term of protection of the Contents. AJAR Cloud LMS warrants to the Client that the Client’s Contents shall, in no circumstances, be sold and/or transferred to a third party. The Client represents and warrants that it holds necessary and sufficient rights on the Contents. The Client does not indemnify AJAR Cloud LMS against any claim or action made by third parties in relation to the Contents. The Client shall indemnify AJAR Cloud LMS against all consequences (damages, costs, including lawyer’s fees, etc.) or any enforceable judicial decision rendered against AJAR Cloud LMS and in favor of those third parties.
The Client warrants to AJAR Cloud LMS that the Contents are legitimately and legally made available online and do not infringe public decency and public policy rules that are applicable to the Contents and the Client’s activities, and do not counterfeit the rights of AJAR Cloud LMS or of third parties. The Client grants AJAR Cloud LMS an exclusive license on these Contents for the purposes of the performance of the Contract. The Client does not indemnify AJAR Cloud LMS against all harmful consequences resulting from the Contents being made accessible by the Client or the Users via the Software.
In addition, AJAR Cloud LMS shall not be held liable for the transfer or the quality of the transfer of the data, the quality and availability of the data transfer networks or service interruptions, blockages or interruptions of transfer and telecommunication means or the unavailability of the Software as a result of Maintenance, malfunction of the Client’s equipment or of the electronic communication networks.