Financial Solutions for Optimal Business Growth

• Setlary reserves the right to collect data and/or information of the Users in providing the Setlary Services and/or the Setlary Platform in several methods as follows:
  1. through providing directly from any Users in the form of legal entity and/or business entity that employ a certain number of natural persons for consummations of its business activities (“Employer”);
  2. through providing directly from any Users in the form of natural persons who are at least 18 (eighteen) years old and are working for an Employer (“Employee”).
  3. through the Setlary Platform, browser, internet connection and device that You use, for example, the type and settings of the browser, device type and its settings, operating system, mobile network information including operator name and telephone number, application version number, e-mail address which saved on the device and information about Your application interactions.
• For the purpose of this Privacy Policy, “data and/or information” consist as follows:
  1. “company data” which means data and/or information concerning an Employer in relation to the provision of the Setlary Services including, but not limited to, company name, business identification number, tax identification number, articles of association, corporate structure, payroll records as well as other data and/or information that Setlary may require from time to time;
  2. “personal data” which means data and/or information concerning an individual, in general and/or specific in nature, which are identified or can be identified separately or combined with other data and/or information either directly or indirectly through electronic or non-electronic systems including, but not limited to, name, aliases, place and date of birth, gender, address, government-issued identifications (including identity card, driver's license or passport), username, e-mail address, phone number, photos and selfies, working position, job description, salary, overtime payment, commission payment, benefits, compensation and/or other personal data that Setlary may require in relation to the provision of the Setlary Services;
  3. “payment or financial data” which means data and/or information including but not limited to bank account details, financial information, including transaction details in connection with Your use of the Setlary Services;
  4. “cookies” which means small amounts of data that act as unique identifiers stored on the Users devices that are able to record data and/or information so Setlary may recognize Users device and provide the Users with a personalized experience on the Setlary Platform; and
  5. “other data” which means other types of data and/or information in relation to the utilization of the Setlary Platform including, but not limited to, internet protocol (IP) addresses, real-time geographic location, device information (the manufacturer, model and operating system of the device), internet device identity and crash logs.
• This Privacy Policy is an integral and inseparable part of other terms and conditions that Users have or must agree to prior to utilizing the Setlary Services and/or the Setlary Platform including, but not limited to, the terms and conditions of the Setlary Services available on the Setlary Platform (“Terms and Conditions”).
• Your access to and use of the Setlary Services is subject to Your acceptance of and compliance with this Privacy Policy.

• Setlary reserves the right to obtain and collect Your data and/or information in the following manner:
  1. Data and/or Information that Users Provided
     Setlary may collect data and/or information that You voluntarily provide to be able to utilize the Setlary Services and/or the Setlary Platform including, but not limited to, company data as well as personal data when You register, sign in or transacting on the Setlary Platform.
  2. Data and/or Information that Setlary Collect Automatically
     Setlary may automatically collect data and/or information when You utilize the Setlary Services and/or the Setlary Platform including, but not limited to, internet protocol (IP) addresses, real-time geographic location, device information.
  3. Data and/or Information from Third Parties
     Setlary may collect Your data and/or information from third parties to the extent possible with subject to the applicable laws and regulations.
  4. Cookies
     Setlary may collect Your data and/or information by utilizing the cookies system available on the Setlary Platform including, but not limited to, session management, service personalization, and user activity recording subject to Your personalized settings.
• You must always ensure that the data and/or information that You submit to Setlary are correct, complete, accurate and not misleading. Further, You represent and warrant that You are a legally competent party to submit such data and/or information and have obtained all necessary approvals to submit such data and/or information, and if:
  1. You are an Employer or act on behalf of an Employer, Setlary consider that the submission of any data and/or information relating to such Employer is carried out by a legitimate and authorized representative, such as, by an attorney or director;
  2. You are a legally capable individual and if You submit data and/or information through an attorney, Setlary considers that the submission of such data and/or information is carried out by an attorney that You legally appoint to represent You; and
  3. You submit data and/or information of other persons/entities (other than yourself such as spouses, family members, friends or other parties), Setlary considers that You have obtained the consent of such persons/entities.
• You must notify Setlary if there are changes to data and/or information that You provided to Setlary. If You choose not to provide such data and/or information, Setlary reserves the right to refuse and choose not to continue to provide the Setlary Services to You.

Setlary reserves the right to process data and/or information that Setlary obtains and collects from You for the provision of the Setlary Services and/or the Setlary Platform or other purposes permitted under applicable laws and regulations, including but not limited to:

• provide the Setlary Services and/or the Setlary Platform;
• use of the features contained in the Setlary Service and/or the Setlary Platform;
• identify, receive registration, administer, verify, deactivate or manage Your account on the Setlary Platform;
• process and facilitate disbursement and settlement of the Setlary Services on the Setlary Platform;
• notify You of transactions or activities that occur on Your account within the Setlary Platform or other systems connected to the Setlary Platform;
• contact You to in assisting and/or completing the disbursement or settlement process or other problem on the Setlary Platform;
• prevent, detect and investigate any prohibited, illegal, unauthorized or fraudulent activities;
• monitor, manage, support and improve the performance efficiency, development, experience and functions of the Setlary Services;
• maintain, develop, test, improve, solving problem and personalize the Setlary Services to meet Your needs and preferences;
• send marketing communications, advertisements, vouchers, surveys, special offers or promotions, including offering other services from Our affiliates or partners;
• administrative purposes including, but not limited, to (i) audits, (ii) data analysis for testing, research, analysis, product development, commercial partnerships and collaboration-related purposes, and/or (iii) business transactions;
• provide Our affiliates and/or third parties who cooperate with us (vendors, agents, suppliers, contractors, consultants, partners, and/or other parties) which is technically necessary to process your transaction or provide Setlary Services to You;
• comply with applicable laws and regulations including, but not limited to, responding to requests, investigations or regulatory directives, complying with filing, reporting and licensing requirements of authorized governmental institutions; and
• other purposes based on Your prior approval or if required by applicable laws and regulations.

Setlary is committed to maintain the confidentiality of data and/or information that You provide to Setlary and Setlary will not sell, rent, or commercialize in any way, Your data and/or information to any third party. Pursuant to Your consent under this Privacy Policy, Setlary reserves the right to provide access, transmit, convey, deliver and/or disclose Your data and/or information to:

a. provide the Setlary Services and/or the Setlary Platform;

b. cooperate with third parties that enable Setlary to perform the utilization process set out under this Privacy Policy including, but not limited, to:

1. affiliated companies of Setlary;
2. Your Employer and its affiliates (for Employees);
3. contractors, service/product providers, consultants, auditors, accountants, solicitors and advisors;
4. government agencies, statutory authorities and/or law enforcement agencies under applicable laws and regulations; and
5. other data controllers to whom You have instructed/agree to.

c. handle or resolve an emergency related to Your safety and/or Setlary’s interests, in particular (i) preventing losses or financial losses, reporting suspected illegal activities or responding to any claims or potential claims made against Setlary and/or its affiliates; or (ii) in the event that You experience loss of Your data and/or information, and You request assistance from law enforcement and/or other parties to restore Your data and/or information stored with Setlary;

d. comply with applicable laws and regulations including, but not limited to, responding to requests, investigations or regulatory directives, complying with filing, reporting and licensing requirements of authorized governmental institutions; and

e. other purposes based on Your prior approval or if required by applicable laws and regulations.

• Setlary adopts a high-standard security system in both technology and procedures to prevent any possible theft of data and/or information that Setlary processes. Setlary implements various technological measures to protect its electronic system including, but not limited to, firewall systems, regular penetration testing, secure data transmissions (HTTPS) and encryption using Transport Layer Security (TLS) technology within the Setlary Platform. Setlary also implements internal guidelines to manage access and control to Your data and/or information. Setlary will revisit such internal policies periodically according to the applicable laws and regulations as well as governmental bodies' orders/directives.
• In relation to the security measures set out under this Privacy Policy, You acknowledge and agree that there is no system that cannot be infiltrated by unauthorized third parties. Setlary cannot always guarantee the security and confidentiality of Your data and/or information that Setlary processes from certain incidents that may arise due to unauthorized actions including, but not limited to, virus threats, hacking and unauthorized access. You represent and warrant that Setlary cannot and will not be held responsible for such actions in accordance with the limitation of liability set out under this Privacy Policy.
• if necessary based on Setlary's internal policy and/or if ordered by applicable laws and regulations, Setlary will erase and destroy Your data and/or information processed in Setlary’s electronic system immediately after the closing of Your account and/or if there is no prohibition in accordance to the applicable laws and regulations, Setlary has the right to store Your data and/or information for 10 (ten) calendar years or longer subject to the applicable laws and regulations. Upon the completion of the above mentioned period, Setlary will follow the deletion and destruction procedure to ensure that all Your data and/or information is safely deleted from Our system or is retained in the form of anonymous data.

• You have certain rights in relation to Your data and/or information under with applicable laws and regulations, including to:
  1. obtain information about the clarity of identity, legal basis and the processing purpose of Your data and/or information as well as Setlary’s accountability as the controller of Your data and/or information;
  2. complete, update and/or correct errors and/or inaccuracies in Your data and/or information in accordance with the purposes of the processing;
  3. obtain access and a copy of Your data and/or information in accordance with applicable laws and regulations;
  4. terminate processing, delete and/or asked to destroy Your data and/or information in accordance with laws and regulations;
  5. withdraw consent to the processing of data and/or information that You have provided to Setlary in accordance with this Privacy Policy;
  6. suspend or limit the processing of Your data and/or information in accordance with the purpose of processing as set out in this Privacy Policy; and
  7. obtain and/or use Your data and/or information that Setlary collect in a form that Setlary use on Setlary’s electronic system.
• Setlary reserves the right to refuse Your request to access or to correct, some or all of Your data and/or information if permitted or required based on the applicable laws and regulations. This includes circumstances where such data and/or information may contain references to other people or where requests for access or requests for corrections are for reasons that Setlary deems endanger you or other people’s security or against applicable laws and regulations.

• You acknowledge and agree that You have the responsibility to implement appropriate security and protection measures in safeguarding your data and/or information on the Setlary Platform including, but not limited to, keep up with technology news, install personal firewall software, keeping account details confidential, creating strong passwords, updating passwords from time to time (as required), using One-Time Password (OTP), monitor Your account on a regular basis and/or safeguarding the security of Your device.
• Setlary is only responsible for the protection and security of Your data and/or information only to the extent such data and/or information are processed in a system developed and managed by Setlary. Setlary is not responsible for any exchange and/or provision of Your data and/or information to other parties, including what You independently do on the Setlary Platform, other than for the purposes referred to in this Privacy Policy.
• You acknowledge and agree to fully indemnify, defend, discharge and hold harmless Setlary from and against any legal proceedings, claims, lawsuits, demands, objections, losses, obligations, responsibilities, costs and expenses in whatsoever form and/or whatsoever nature (including, without limitation, the settlement and legal costs as well as other costs to investigate or defend from any actions) suffered, experienced, or incurred by Setlary, relating to, as a result of and/or pertaining to:
  1. the originality, authenticity, truth, accuracy and/or completeness of Your data and/or information;
  2. You breach any terms and conditions set out under this Privacy Policy and/or other terms and conditions that You have or must agree to prior to utilizing the Setlary Services and/or accessing the Setlary Platform;
  3. any delay, failure of delivery, damage or loss arises from third-parties;
  4. You failed to fulfill any obligations stipulated in this Privacy Policy for any reason; or
  5. any other damages or losses arises from Your negligence or willful misconduct.
• You acknowledge and agree that the limitation of liability set out under this Privacy Policy will remain in effect regardless of the cancellation or deactivation of Your account.

Setlary reserves the right and You agree that Setlary and/or third parties that work with Setlary may send You direct marketing and promotional materials such as advertising and/or promotional communications, via email or other means of communication as available. In this regard, You agree that Setlary and/or third parties who work with Setlary may use cookies available for marketing and promotional purposes to the extent possible under applicable laws and regulations. You may opt out of receiving such marketing communications at any time by clicking on the “unsubscribe” option found in the relevant message, or by contacting Setlary.

Setlary reserves the right to provide third-parties services within the Setlary Platform. In this regard, You acknowledge and agree that this Privacy Policy applies only when Setlary acts as the controller of data and/or information within the Setlary Platform. You represent and warrant that Setlary cannot and will not be held responsible for the privacy policies of these third parties' services and advise You to read the privacy policy of each of these third parties to understand the details of data and/or information that they are processing.

• Setlary processes data and/or information that Setlary collects of its Users in the jurisdiction of the Republic of Indonesia.
• Setlary reserves the right and You give Setlary consent to process Your data and/or information in other countries where Setlary operates or where Setlary engages with third parties’ to the extent permitted by applicable laws and regulations.
• Setlary will ensure that Setlary and third parties who work with Setlary take adequate and appropriate physical, technical, organizational and contractual security measures to protect Your data and/or information. However, each country may have different data and/or information protection rules and, under certain circumstances, courts, law enforcement officials, regulatory bodies or security authorities in those countries may have the right to access Your data and/or information. In this regard, You acknowledge and agree that the limitation of liability under this Privacy Policy will apply.

• This Privacy Policy and the performance hereof will be governed by and construed under and in accordance with the laws of the Republic of Indonesia.
• This Privacy Policy has been prepared in both the English Language and the Indonesian Language. If there is a conflict between the Indonesian Language version and the English Language version, the English Language version will prevail and supersede all discrepancies in language.
• You and Us agree that each and all conflict, dispute, debate or claim arising out of or in connection with this Privacy Policy and/or other terms and conditions related to the Setlary Services must first be resolved by means of deliberation within 30 (thirty) calendar days after either You or Us receives written notification from the other party.
• If the dispute cannot be resolved amicably as referred to above, You and Us agree that such dispute will be resolved exclusively and in final through the South Jakarta District Court.

This Terms & Conditions (“Terms”) describes how PT Cipta Multi Danarta, a limited liability company duly established under the laws of Republic of Indonesia (“Setlary”, “We”, “Us” or “Our”) provides its features and services as a Software as a Service (SaaS) provider that provides corporate human resources management features as specified under this Terms including, but not limited to, the Early Salary Access (as defined below) service that enables payouts earlier than the scheduled payday (“Setlary Services”) through the Setlary’s mobile device application on Android/iOS and/or website www.setlary.com (“Setlary Platform”) to each and all of its users (“Users”, “You”, “Your” or “Yourself”).

This Terms serves as a legal term and agreement between Setlary and the Users concerning the utilization of the Setlary Services within the Setlary Platform. By accessing the Setlary Platform, electronically approving (namely checking or clicking the “I Agree” statement) and/or using the Setlary Services, You represent and warrant that You have read, understood, and agree to be bound and be subject to each and all terms and conditions on this Terms from time to time. If You do not agree to any part, some or all of the contents of this Terms, Setlary reserves the right to refuse and choose not to provide the Setlary Services to You.

a. This Terms regulates the rights and obligations as well as the agreement applicable between Setlary and each and all Users regarding the utilization of Setlary Services.

b. Setlary provides corporate human resources management features for its Users which consist of the following services:

1. Setlary’s Early Salary Access;
2. Setlary’s Human Resources Management;
3. Setlary’s Fintech Loan; and
4. Other products and/or services as Setlary may provide from time to time.

c. Setlary provides the Setlary Services to:

1. any Users in the form of legal entity and/or business entity that employ a certain number of natural persons for consummations of its business activities (“Employer”); and
2. any Users in the form of natural persons who are at least 18 (eighteen) years old and are working for an Employer on a permanent and full-time basis (“Employee”).

d. This Terms is an integral and inseparable part of other terms and conditions that Users have or must agree to prior to utilizing the Setlary Services including, but not limited to, the cooperation agreement made and executed by Setlary and each of Employer (“Cooperation Agreement”), the work commitment letter made and executed by an Employee to access certain features (“Work Commitment Letter”) as well as the privacy policy available on the Setlary Platform (“Privacy Policy”).

e. Your access to and use of the Setlary Services is subject to Your acceptance of and compliance with this Terms.

You must sign up and/or sign in to Your account to access the Setlary Services. You may get access to a Setlary account with the following procedures:

a. For Employer

You may contact Us to get access to the Setlary Services. We may request several data and/or information that We may require to provide You with access to the Setlary Platform including, but not limited to, executing a Cooperation Agreement that regulates how Setlary may help You to provide the Setlary Services within Your organization.

You must appoint one or more persons in charge to act as the intermediary between You and Setlary in relation to the provision of the Setlary Services within Your organization (“PIC”). In this regard, You represent and warrant that Your PIC has full power and authority to act for and on behalf of You to implement this Terms including, but not limited to, performing reconciliation and settlement process, managing access for Your Employees and/or other purpose relating the provision of the Setlary Services within Your organization.

b. For Employee

You may contact the PIC of Your Employer (i.e., director, human resource, finance or direct supervisor) to get access to the Setlary Services. Your Employer may request Your data and/or information that We may require to provide You with access to the Setlary Platform including, but not limited to, Your Indonesian Identity Card (KTP), payslip and bank account number.

We reserve the right to ask You to provide and/or execute other data and/or information before You are utilizing certain features on the Setlary Platform including, but not limited to, executing a Work Commitment Letter before utilizing the Early Salary Access and/or Fintech Loan service within the Setlary Platform.

c. You are only permitted to have 1 (one) Setlary account and access the account on 1 (one) device only.

d. We reserve the right, at Our sole discretion, to approve or reject Your Employer’s application to create a Setlary account for You and We do not have to provide any reason or explanation for such decision.

a. General Terms

You hereby agree and acknowledge that Your use of the Setlary Services is and will be in accordance with the Cooperation Agreement made and executed by Setlary and each Employer. We reserve the right to adjust some parts of the Setlary Platform in accordance with each Cooperation Agreement.

b. Rates and Fees

The Setlary Platform is free to download. However, Setlary may charge rates and fees in using certain features within the Setlary Platform including, but not limited, to service fees, taxes, late charges and/or other fees as agreed by Setlary and each Employer under the Cooperation Agreement and/or as available within the Setlary Platform. You may find such rates and fees before You are utilizing the Setlary Services through the Setlary Platform. We reserve the right to change rates and fees of the Setlary Services at any time atOur own discretion without Your approval. Notwithstanding, this change will only apply to future utilization and will not affect Your past and/or on-going utilization of the Setlary Services.

c. Limitations

Setlary may impose limitations on certain features of the Setlary Services including, but not limited to, limiting the criteria of Employee that may utilize the Early Salary Access and/or Fintech Loan service, maximum disbursement amount for the Early Salary Access and/or Fintech Loan service for each Employer and its Employees available on the Setlary Platform in accordance with the Cooperation Agreement made and executed by and between Setlary and each Employer.

d. Cancellation

You acknowledge and agree that You cannot cancel any, some or all part of the Setlary Services if You have utilized it on Your account. Setlary is not responsible for any duplicate transactions and/or fraudulent transactions on Your account. We urge You to always double-check before You are utilizing the Setlary Services and contact Setlary if You suspect that Your account has been misused or hacked by other persons/entities.

Setlary reserves the right to provide third-parties services within the Setlary Platform. In this regard, You acknowledge and agree that this Terms apply only when Setlary acts as the provider of the Setlary Services within the Setlary Platform. You represent and warrant that Setlary cannot and will not be held responsible for the terms and conditions of these third parties’ services and advise You to read the terms and conditions of each of these third parties.

For the provision of the Fintech Loan service, Setlary is cooperating with PT Fintech Bina Bangsa (“Edufund”), a financial institution registered and supervised by the Indonesian Financial Services Authority. You acknowledge and understand that Setlary does not provide Fintech Loan service and only facilitates the process so that Employees can access Fintech Loan service managed by Edufund through the interface of Setlary Platform.

Further, You acknowledge and agree that the provision of Fintech Loan service is subject to further terms and conditions set out by Edufund. Employees may need to provide further data and/or information, enter into separate agreements with Edufund and/or its lenders as well as pay certain rates and fees to utilize Fintech Loan service which may be different for each Employee depending on Edufund and/or its lenders’ criteria.

We reserve the right to, at Our own discretion, not provide You with the Fintech Loan service if We think You are not eligible or fulfill Our criteria to access the Fintech Loan service. You also acknowledge and agree that You need to settle each and all amounts provided to You through Fintech Loan service. In connection with this, an Employee may choose to directly settle the amount he/she owed for the utilization of the Fintech Loan feature or request the Employer to deduct his/her salary to settle such amounts using Early Salary Access feature. We reserve the right to suspend, stop or terminate Your account if You fail to settle the amount You need to settle for the utilization of Fintech Loan service.

For the purpose of identity verification, your personal data in the form of demographic and/or biometric data will be checked for conformity, by PT Indonesia Digital Identity (VIDA) as our partner, with data recorded in the system of the government agency authorised to issue the relevant identity. If your personal data is verified for conformity, then VIDA as the Certification Authority certified by the Ministry of Communication and Informatics, will issue a digital certificate as evidence that your personal data has been verified and is in accordance with the data recorded in the system of the government agency authorised to issue the identity.

Therefore, you guarantee the accuracy of the personal data you provide and agree to the processing of your personal data for the purpose of issuing digital certificates and other services attached to digital certificates performed by VIDA.

You have read, understood, and agreed to be bound by the terms and conditions of the Certification Authority’s service contained in the Subscriber Agreement, CA Privacy Policy, and VIDA's Certification Practice Statement which can be accessed via https://repo.vida.id.

Your Digital Certificate is issued by VIDA as our partner. VIDA is a Certificate Authority (CA) that is certified by Kominfo. You can access your Digital Certificate info at https://sign.vida.id.

a. Setlary reserves the right, at its sole discretion, to suspend or terminate Users’ account on a temporary or permanent basis at any time upon the occurrence of any of the reasons set out below.

b. For Employer

1. You stop subscribing to the Setlary Services;
2. You report that the device that Your PIC use to access the Setlary Platform is lost, stolen or hacked;
3. Your representative signed-up or signed-in to Your account in multiple devices;
4. We know or have sufficient reasons to suspect that Your account has been transferred or used by someone else;
5. We know or with sufficient reasons suspect that You are in violation of this Terms, the Cooperation Agreement and/or applicable laws and regulations;
6. Suspension or termination orders issued by the governmental or monetary institutions under specific court orders and/or applicable laws and regulations;
7. You are in the process of dispute, amnesty or other similar matters such as bankruptcy, postponement of debt payment obligations and/or liquidation; or
8. Other reasons that may harm You or Us including, but not limited to, hacking, fraudulent actions, or other suspicious activities.

c. For Employee

1. Request of Your Employer;
2. You stop working for Your Employer;
3. You signed-in to Your account in multiple devices;
4. We know or have sufficient reasons to suspect that Your account has been transferred or used by someone else;
5. We know or with sufficient reasons suspect that You are in violation of this Terms and/or applicable laws and regulations;
6. Suspension or termination orders issued by the governmental or monetary institutions under specific court orders and/or applicable laws and regulations;
7. You have passed away, been placed under guardianship or custody or experienced other incapacity that caused You to become legally incapable under applicable laws and regulations; or
8. Other reasons that may harm You or Us including, but not limited to, hacking, fraudulent actions, or other suspicious activities.

d. You may file a complaint to Us if You have strong evidence that none of the above reasons happened or have ended. We will help You to re-activate Your account if We believe that the reasons for suspension or termination have ended.

For Employer

• a. You are using the Setlary Services for Your sole commercial benefit and interest;
• b. Your PIC has full power and authority to act for and on behalf of You to implement this Terms;
• c. Each and all data and information You have provided to open a Setlary account or utilize the Setlary Services is correct and not the result of falsification so that its accuracy can be guaranteed;
• d. You have obtained approval from each and all of Your Employees for participation in the Setlary Services set out under this Terms;
• e. You are and will use the Setlary Services in compliance with this Terms and/or applicable laws and regulations including, but not limited to, anti-money laundering and counter-terrorism financing laws and regulations; and
• f. You will carry out each and all of Your obligations under this Agreement with full responsibility and good faith in accordance with applicable laws and regulations.

For Employee

• a. You are at least 18 (eighteen) years old or are married and are not under guardianship or custody;
• b. You are working for Your Employer as a permanent and full-time employee;
• c. You will continue to work for Your Employer until Your Employer in accordance with the Work Commitment Letter that You have signed (if applicable);
• d. You are and will use the Setlary Services in compliance with this Terms and/or applicable laws and regulations including, but not limited to, in the field of anti-money laundering and counter-terrorism financing; and
• e. You will carry out each and all of Your obligations under this Agreement with full responsibility and good faith in accordance with applicable laws and regulations.

a. You acknowledge and agree that Setlary provides the Setlary Services and the Setlary Platform in an “as is” and “as provided” basis. Setlary does not represent or warrant that the reliability, timeliness, quality, suitability, availability, accuracy, completeness or security of the Setlary Services and/or Setlary Platform will fulfill Your needs and expectations.

b. We will give Our best effort (but not guarantee) to make the Setlary Services available for You at all times. However, You acknowledge and agree that We are not responsible to You if the Setlary Services are unavailable for a certain period of time for certain reasons that We may or may not disclose to You.

c. You acknowledge and agree that all risks arising from the use of the Setlary Services within the Setlary Platform are entirely Your responsibility and You agree to release Setlary from any claims regarding damages, interferences or other forms of system disruptions caused by unauthorized access by other parties.

d. You acknowledge and agree to fully indemnify, defend, discharge and hold harmless Setlary from and against any legal proceedings, claims, lawsuits, demands, objections, losses, obligations, responsibilities, costs and expenses in whatsoever form and/or of whatsoever nature (including, without limitation, the settlement and legal costs as well as other costs for the purpose of investigating or defending from any actions) suffered, experienced, or incurred by Setlary, relating to, as a result of and/or pertaining to:

1. 1) You breach any terms and conditions set out under this Terms and/or other terms and conditions that You have or must agree to prior to or during the utilization of the Setlary Services;
2. 2) any delay, failure of delivery, damage or loss arises from third-party;
3. 3) You failed to fulfill any obligations, promises, representations and/or warranties stipulated in this Terms for any reason; or
4. 4) any other damages or losses arises from Your negligence or willful misconduct.

e. You acknowledge and agree that the limitation of liability set out under this Terms will remain in effect regardless of the cancellation or deactivation of Your account.

a. You acknowledge and agree that names, trademarks, logos, content, visual interfaces, information, graphics, design, compilation, codes, software, text, data, layout, images, illustrations, icons, photographs, sounds, video, animation, organization, models, databases, business processes, services, technologies and/or any other form of intellectual property on the Setlary Services, the Setlary Platform and/or its other products are the sole property of Setlary that are protected by copyright, trademark, patent and/or other intellectual property rights under applicable laws and regulations.

b. No provision in this Terms will constitute, either implicitly or explicitly, as grant, assignment, transfer and/or any action that constitutes a transfer of ownership of Setlary’s intellectual property rights from Setlary to any Users.

c. You have no right to and may not, directly or indirectly, partially or wholly, infringe Setlary’s rights thereof, including but not limited to copying, modifying, reproducing, uploading, posting, transmitting and/or distributing any material that You obtained from Setlary in any way. Any deviations in relation to the utilization of Setlary’s intellectual property rights must be accompanied by prior and specific written approval from Setlary.

a. This Terms and the performance hereof will be governed by and construed under and in accordance with the laws of the Republic of Indonesia.

b. This Terms has been prepared in both the English Language and the Indonesian Language. If there is a conflict between the Indonesian Language version and the English Language version, the English Language version will prevail and supersede all discrepancies in language.

c. You and Us agree that each and all conflict, dispute, debate or claim arising out of or in connection with this Terms and/or other terms and conditions related to the Setlary Services must first be resolved by means of deliberation within 30 (thirty) calendar days after either You or Us receives written notification from the other party.

d. If the dispute cannot be resolved amicably as referred to above, You and Us agree that such dispute will be resolved exclusively and in final through the South Jakarta District Court.