Terms and Conditions

These IndoChat Terms & Conditions set forth the legally binding terms for the use of related IndoChat applications services and all of IndoChat products and services (hereinafter referred to as “Services”).

The Services of IndoChat is provided by PT ICE Messenger Indonesia (“IndoChat”) to users of the Services (the “User”, “Users”, or “Members”, depending upon the context).

     

  1. Definitions

    The following words and terms shall have the meanings set forth below when they are used in these Terms and Conditions.

    1. “Contents” means information such as text, sounds, music, images, stickers, videos, news, posts, software, programs, computer code, and other information.
    2. “Subject Contents” means Contents that may be accessed through the Services.
    3. “Submitted Contents” means Contents that Users have submitted, transmitted or uploaded on or to the Services.
    4. “Sid9” means exclusive scanner owned by IndoChat.
    5. “Separate Terms and Conditions” means terms and conditions separate from these Terms and Conditions that pertain to the Services released or uploaded by IndoChat under names such as “terms,” “guidelines,” “policies,” or the like.
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  3. Agreement & Acknowledgement to These Terms and Conditions
    1. All Users shall use the Services in accordance with these Terms and Conditions. Users may not use the services unless they agree to these Terms and Conditions and Privacy Policy.
    2. Once the service is actually used by the user, it will be deemed that the user has effectively and irrevocably agreed to these terms.
    3. IndoChat may modify or alter these Terms and Conditions and shall notice you with the means provided in the Terms and Conditions, and after acquired, you shall express agree or disagree about modification or alteration. If at any time you do not agree to these Terms and Conditions or the amended/updated contents, please immediately terminate your use of the Services.
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  5. Modification to these Term and Conditions:

    IndoChat may modify these Terms and Conditions when IndoChat deems it to be necessary, within the scope of the purposes of the Services. In such case, IndoChat will indicate the contents of the modified version of these Terms and Conditions, as well as the effective date of the modification, on the Services or on IndoChat’s website, or will publicize the same to Users by notifying Users in the manner prescribed by IndoChat.

    The modified version of these Terms and Conditions shall become effective as of the effective date thereof.

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  7. Account and Registration
    1. When using the Services, Users may need to set up an account by registering certain information. Users must register true, accurate and complete information, provide your current mobile phone number, and must revise the same to keep such information up-to-date at all times. Users agree to receive text messages and phone calls (from us or our third-party providers) with codes to register for our Services.
    2. If Users register any authentication information when using the Services, they must exercise due care in handling such information at their own responsibility to ensure that such information is not used in an unlawful manner. IndoChat may treat any and all activities conducted under the authentication information as activities that have been conducted by the User with whom the authentication information is registered.
    3. Any User who has registered for the Services may delete such User’s account and cancel the Services at any time.
    4. IndoChat reserves the right to delete any account that has been inactive for a period of two (2) years or more since its last activation, without any prior notice to the applicable User.
    5. Any and all rights of a User to use the Service shall cease to exist when such User’s account has been deleted for any reason. Please take note that an account cannot be retrieved even if a User has accidentally deleted their account.
    6. Each account in the Services is for exclusive use and belongs solely to the User of such account. Users may not transfer, lease or otherwise dispose their rights to use the Service to any third party, nor may the same be inherited or succeeded to by any third party.
    7. If the Service believes that the user violates these terms or is in danger of violating, it may suspend or delete the account without prior notice to the user.
    8. Users must be at least 13 years old to use our Services (or such greater age required in your country for you to be authorized to use our Services without parental approval). In addition to being of the minimum required age to use our Services under applicable law, if Users are not old enough to have authority to agree to our Terms in your country, Users’ parent or guardian must agree to our Terms on your behalf.
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  9. Provision of the Service
    1. Users shall supply smartphones, operating systems, communication methods, electricity, etc. necessary for using the Services at their own responsibility and expense.
    2. IndoChat reserves the right to limit access to all or part of the Services by Users depending upon conditions that IndoChat considers necessary, such as the age and identification of User, current registration status, and the like.
    3. IndoChat reserves the right to modify, at IndoChat 's discretion, all or part of the Services as IndoChat determines necessary anytime without any prior notice to Users.
    4. IndoChat may cease providing all or part of the Services without any prior notice to Users in case of the occurrence of any of the following:
      1. When conducting maintenance or repair of systems;
      2. When the Services cannot be provided due to force majeure such as an accident (fire, power outage, etc.), act of God, war, riot, labor dispute;
      3. When there is system failure or heavy load on the system;
      4. When securing the safety of Users or third parties, or in the case of an emergency for the public welfare; or
      5. When IndoChat reasonably determines it to be necessary, other than those set forth in items (5.4.1) through (5.4.4).
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  11. No Emergency Call Functions

    The Services cannot be depended upon for emergency calls, such as those made to law enforcement agencies, maritime safety authorities, fire brigade or other emergency services.

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  13. Members Obligation
    1. Users shall observe laws & regulations of the Indonesia and general international practices of Internet. Users must not engage in and guarantee not to conduct any activities that violate the laws when using the services.
    2. Users shall agree and guarantee not to use the Services to conduct activities involved the invasions of rights or any illegal purposes (including but not limited to the invasion of privacy/infringement of Intellectual property, unsolicited commercial e-mails, tracking/disturbing others or collecting/storing other people’s personal information based on above purposes.)
    3. Users shall use the Services in accordance with the laws and regulations of where Users are located when Users are outside of Indonesia.
    4. Users are solely responsible for any content that Users make publicly available, post or transmit via the Services, including but not limited to information, data, text, software, music, sound, photographs, graphics, videos, messages, etc.
    5. IndoChat does not preview any content that Users make publicly available, post or transmit through the Services. However, if the content is involved in criminal activity or is in violation of applicable laws or regulations, IndoChat may, in its sole discretion, decline or remove content that Users make publicly available, post or transmit.
    6. Users shall guarantee that Users own the content you make publicly available, post or transmit via the Services, or Users are authorized with relevant copyrights, patents and intellectual property rights for the content Users make publicly available, post or transmit via the Services.
    7. Users shall use the Services at their own risk and shall bear any and all responsibilities for actions carried out under and the results from the use of the Services.
    8. IndoChat may suspend the use of all or part of the Services, suspend or delete accounts, cancel any agreement between a User and IndoChat with respect to the Services (including, without limitation, any agreement based on these Terms and Conditions, hereinafter the same) or take any other measure IndoChat reasonably determines to be necessary and appropriate without prior notice to such User in the case that such User falls under or there is a possibility that such User falls under any of the following items:
      1. A User is in breach of applicable laws and regulations, these Terms and Conditions, or any Separate Terms and Conditions;
      2. A User is a member of an anti-social group or a related party thereof;
      3. A User tarnishes IndoChat’s credibility by spreading false information, using fraudulent means or force, or other unlawful means;
      4. A User is subject to a petition for attachment, provisional attachment, or auction, procedures such as bankruptcy, civil rehabilitation, or similar procedures are commenced; or IndoChat otherwise reasonably determines that there is uncertainty with respect to User’s credibility; or
      5. The relationship of trust with a User is lost or IndoChat otherwise reasonably determines that it would not be appropriate for IndoChat to provide the Services to User, due to reasons other than as set forth in items 7.8.1 to 7.8.4 above.
    9. In the case where IndoChat suffers loss/damages either directly or indirectly (including, without limitation, attorney fees) due to a User’s use of the Services (including, without limitation, cases where IndoChat receives a complaint from a third party due to such use), the User shall immediately compensate IndoChat for such loss/damage in accordance with IndoChat’s request.
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  15. Restriction of Using Services

    IndoChat prohibits Users from engaging in any of the following acts when using the Services:

    1. Acts that violate the laws and regulations, court verdicts, resolutions or orders, or administrative measures that are legally binding.
    2. Acts that may be in violation of public order, morals, or customs.
    3. Acts that infringe intellectual property rights, such as copyrights, trademarks, and patent rights, rights to fame, privacy, and all other rights granted by law or by a contract with IndoChat and/or a third party.
    4. Acts of posting or transmitting excessively violent or explicit sexual expressions; expressions that amount to child pornography or child abuse; expressions that lead to discrimination by race, national origin, creed, gender, social status, family origin, etc.; expressions that induce or encourage suicide, self-injurious behavior or drug abuse; or expressions that include anti-social content and lead to the discomfort of others.
    5. Acts that lead to the misrepresentation of IndoChat and/or a third party or that intentionally spread false information.
    6. Acts of sending the same or similar messages to a large, indefinite number of Users (except for those approved by IndoChat), indiscriminately adding other Users as friends or to group chats, or any other acts deemed by IndoChat to constitute spamming.
    7. Acts of exchanging the right to use the Services or Contents into cash, property or other economic benefits, other than by using the method prescribed by IndoChat.
    8. Acts of using the Services for sales, marketing, advertising, solicitation or other commercial purposes (except for those approved by IndoChat); using the Services for the purpose of sexual conduct or obscene acts; using the Services for the purpose of meeting or engaging in sexual encounters with an unknown third party; using the Services for the purpose of harassment or libelous attacks against other Users; or otherwise using the Services for purposes other than as intended by the Services.
    9. Acts that benefit or involve collaboration with anti-social groups.
    10. Acts of unauthorized or improper collection, disclosure, or provision of any other person's personal information, registered information, user history, or the like.
    11. Acts of interfering with the servers and/or network systems of the Services; fraudulently manipulating the Services by means of bots, cheat tools, or other technical measures; deliberately using defects of the Services; making unreasonable inquires and/or undue claims such as repeatedly asking the same questions beyond what is necessary, and other acts of interfering with or hindering IndoChat 's operation of the Services or other Users’ use of the Services.
    12. Acts of decoding the source code of the Services, such as by way of reverse engineering, disassembling or the like, for unreasonable purposes or in an unfair manner.
    13. Acts that aid or encourage any acts stated in Clauses 8.1 to 8.13 above.
    14. Acts other than those set forth in Clauses 8.1 to 8.14 that IndoChat reasonably deems to be inappropriate.
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  17. Advertisements

    IndoChat reserves the right to post advertisements of IndoChat products and services.

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  19. Third-Party Services

    The Services may contain services or Contents provided by third parties other than IndoChat. Such third parties shall bear any and all responsibility regarding such services and/or Contents. Furthermore, there may be terms or use or other terms and conditions provided by such third party which are applicable to such services and Contents.

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  21. Contents
    1. IndoChat grants Users a non-transferable, non-sublicensable, non-exclusive license to use the Subject Contents provided by IndoChat, solely for the purpose of using the Services.
    2. Users shall not use the Subject Contents beyond the scope of the intended use of the Subject Contents in the Services (including, without limitation, acts of copying, transmitting, reproducing, and modifying).
    3. If Users wish to back-up all or part of the Submitted Contents, they will need to do so themselves. IndoChat will not undertake the obligation of backing up any of the Submitted Contents.
    4. The Services may include functions where multiple Users may edit Contents (post, correct, and delete, etc.). In such case, a User who posted his/her Submitted Contents shall grant other Users the right to edit such Submitted Contents.
    5. Users shall retain their rights to their Submitted Contents, and IndoChat shall not acquire any such rights; provided, however, that, among the Submitted Contents, for those made available to other Users generally (i.e., not just to the User's “friends”), the User who posted such Submitted Contents shall be deemed to have granted IndoChat a worldwide, perpetual, royalty-free license (including the right to amend (such as abbreviating) such Contents to the extent IndoChat deems necessary and appropriate, and the right to sublicense such usage rights to other third parties working together with IndoChat), to use such Contents for Services and/or promotional purposes.
    6. Users shall not exercise their rights such as author’s moral rights with respect to the Submitted Contents in relation to the use by IndoChat or a third party under Articles 11.4 and 11.5 above.
    7. IndoChat may check and confirm the contents of the Submitted Contents by Users to the extent permissible under laws and regulations, when it is necessary for IndoChat to confirm compliance with related laws and regulations or the provisions set out in these Terms and Conditions, etc.; provided, however, that IndoChat is not obligated to conduct such confirmation.
    8. If IndoChat believes that a User has violated or may violate any applicable laws or regulations or the provisions of these Terms and Conditions in relation to the Submitted Contents, or when otherwise reasonably necessary for IndoChat’s business, then IndoChat reserves the right to preclude such User's use of the Services in certain manners, such as deleting the Submitted Contents without providing prior notice to the User.
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  23. Disclaimers:
    1. IndoChat shall maintain stability of the system with the contemporary technical standards, however, IndoChat may suspend Services or software provided by IndoChat, by the reason of interruption of internet or other reasons which cannot be attributed to IndoChat. Unless expressly provided by the laws, IndoChat does not make any implied warranties and expressly disclaims all such warranties of any kind, including, without limitation to, integrity of rights, fitness to a particular purpose, and no violation to the right of a third party.
    2. IndoChat has no obligation on the confidentiality of content that you make publicly available, publish, or transmit.
    3. User understand that by using the Services, you may be exposed to Content or websites that is inaccurate, offensive, indecent, or objectionable. In such circumstances, if it cannot be attributed to IndoChat, IndoChat members agree to waive any claims and remedies, either by law or by balancing of interests, to IndoChat as a result of the use of the Services.
    4. IndoChat expressly states that it does not involve in any transactions or Services between User and any third party. IndoChat does not take any responsibility and assumes no liability for monitoring such transactions. Users are solely responsible for any transactions with any third party through the Services.
    5. IndoChat does not review any content, opinions, suggestions, or comments published, submitted or transmitted by any members via the Services. User will indemnify and hold IndoChat harmless from and against all claims, liability, costs, and expenses because of the publication, submission, or transmission of such content, opinions, suggestions, or comments.
    6. The Services may include hyperlinks to other third-party websites. IndoChat is not responsible and assumes no liability for such third-party websites or the availability of such websites and does not endorse any content or material on such third-party websites. User’s usage of each of these third-party websites is subject to the terms and conditions posted on the applicable websites.
    7. IndoChat does not guarantee the following:
      1. The content and software provided in the Services are accurate and complete.
      2. Faults, errors, bugs in the software will be revised.
      3. The Services will always function without disruptions, delay, or errors. However, if the Services is disrupted, IndoChat will restore to provide it as soon as possible.
      4. The Services is free from any malware, viruses, Trojan horses or other malicious or harmful codes transmitted by the third party.
    8. Members are welcome to use all the functions provided by the Services, including but not limited to general features, add-on functions, and promotion plans for free before the expiration date. However, it does not indicate that IndoChat is responsible for providing these features or plans permanently and continuously. IndoChat may terminate any features or plans at any time and without any liability depend upon using efficiency and market needs.
    9. IndoChat expressly disclaims any and all representations and warranties, whether express or implied, in circumstances covered by law. IndoChat and its affiliates, managers, employees, representatives, partners, and licensors shall not be liable for any direct, indirect, incidental, specific, derivative and punitive damages.
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  25. Privacy Policy of IndoChat Services
    1. Your membership and other specific data are subject to IndoChat “Privacy Policy”.
    2. PleasereadIndoChat “Privacy Policy” before use the Services. Your use of the Services represents your acceptance of IndoChat “Privacy Policy” and grants IndoChat to collect and use your personal information within necessary scope of the purpose of the Services, including cross-border transmission and storage, as well as internal use by IndoChat affiliates. User could still rescind such agreement. If User would like to rescind such agreement, please take use of feedback function to notice IndoChat. However, please notice that if User rescind the agreement, IndoChat would be unable to provide the Services.
    3. IndoChat shall prevent the record and personal information about using the Services from illegal invasion, acquiring, falsifying, impairing, with the contemporary technical and professional standards with reasonably expected safety requirements. If it is illegal invaded or impaired, IndoChat shall take reasonable action to restore it as soon as possible. However, IndoChat is not liable for the injury if it has exercised reasonable care and the injury would have been occasioned notwithstanding the exercise of such reasonable care. Moreover, if you delete the account by yourself, then communication records, transmitted files, friend lists, stickers and post content which related to the account would be deleted together and IndoChat cannot guarantee that such information could be restored necessarily.
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  27. The Owner of Rights of IndoChat Software
    1. All content available on IndoChat Applications, including without limitation, works of authorship, graphics, files, information, data, software architecture, screens, layout design, and their selection and arrangement are the proprietary property of IndoChat or its licensors with all rights reserved. The rights include but not limited to trademarks, patents, copyrights, trade secrets and proprietary techniques. No Services material may be used, modified, reproduced, publicly broadcasted, publicly transmitted, publicly performed, adapted, distributed, published, publicly released, reverse engineered, decompiled or disassembled.
    2. If you wish to make reference to or repost the above-mentioned software, applications or content, unless it is expressly covered by the law, User shall acquire prior written permission from IndoChat or other licensors.
    3. You shall respect the intellectual property rights of others. User will indemnify and hold IndoChat harmless from and against all damages with respect to any claim of infringement.
    4. In the light of the respective status of registration and use of the products, service names and logos associated to the Services of IndoChat (trademarks of IndoChat), they are protected by trademark law and fair-trade law. Users agree shall not use IndoChat trademark in any other ways without prior written permission by IndoChat.
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  29. Notification
    1. In accordance with law or relevant regulations, IndoChat may provide you with notifications, including those regarding changes to the Terms and Conditions, including by but not limited to email, push notification and postings on the IndoChat Services, or other reasonable means now known or hereafter developed.
    2. User will not receive the notifications mentioned above if you violate the Terms and access the Services without a license.
    3. Once you agree the Terms and access the Services, it automatically indicates that you agree IndoChat may send you related notifications using the member account information that you submitted. Once the notifications sent, it will be regarded as sent whether you have read or not.
    4. In the event that IndoChat suspend software or hardware related to the Services for maintenance, except for force majeure or emergency, IndoChat shall notice you at least 7 days before the suspension with the means provided in the Terms and Conditions.
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  31. Indemnification

    Users agree to indemnify and hold harmless IndoChat and its affiliates, officers, directors, employees and agents, at your own expense, from and against any and all claims or demands made by any third party arising out of or related to the content you made publicly available, posted and transmitted, or your use of the Services.

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  33. Changes and Termination of the Services
    1. IndoChat reserves the right, with proper reason or cause, to partially or entirely modify or suspend the providing of the Services and to partially or entirely terminate or limit member to use the Services, after notice you with the means provided in the Terms and Conditions.
    2. IndoChat is liable to actual damages caused by modification, suspension, termination or limitation to partial or entire Services subject to last section of this article.
    3. IndoChat may terminate or suspend your use of the Services in following situations:
      1. There are sufficient and reasonable proof to prove that you are using your account in money laundering, fraud, other crime activity or illegal activity.
      2. You are verified and proved that you submitted fake information for identity verification.
      3. You breached the Terms and Conditions and are noticed to correct but failed to do so.
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  35. Others
    1. The Terms and Conditions constitutes full and complete agreement between IndoChat and your use of the Services.
    2. User shall comply with related agreement when use or purchase services or software by IndoChat, its Affiliates or business partners.
    3. Any dispute that may arise between you and IndoChat shall be governed by and adjudicated under the laws of Indonesia, without regard to conflict of laws principles. You hereby irrevocably consent to the exclusive jurisdiction and venue of court in Jakarta, Jakarta in all disputes arising out of or relating to the use of the Services.
    4. If IndoChat does not exercise, or delays in exercising any right or agreement provided by these Terms, it shall not constitute a waiver of the above right or agreement.
    5. If a part of the Terms is regarded invalid by law, the other Terms shall remain effective.

 

Date of last update: March 20, 2022