Terms and Conditions
END USER LICENSE AGREEMENT
Last updated October 18, 2022
e-Order DKI Seller
is licensed to You (End-User) by Badan Pelayanan
Pengadaan Barang dan Jasa Provinsi
DKI Jakarta, located and registered
at Jl. Kebon Sirih No.18, RT.11/RW.2, Gambir, Kecamatan Gambir,
Kota Jakarta Pusat, Daerah Khusus Ibukota Jakarta 10110, eorder.bppbj@jakarta.go.id, Jakarta Pusat, DKI Jakarta
10110, Indonesia ("Licensor"), for use
only under the terms of
this License Agreement.
By downloading the Licensed Application from Google's
software distribution platform ("Play Store"), and any update thereto
(as permitted by this License
Agreement), You indicate
that You agree
to be bound by all of
the terms and conditions of this License Agreement, and that You accept this
License Agreement. Play Store is referred to in this License
Agreement as "Services."
The parties of this License Agreement
acknowledge that the Services are not a Party to
this License Agreement and are not bound by any
provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and
support thereof. Badan Pelayanan Pengadaan Barang dan Jasa Provinsi DKI Jakarta, not the Services, is solely responsible for the
Licensed Application and the
content thereof.
This
License Agreement may not provide for usage rules for the Licensed Application
that are in conflict with the latest
Google Play Terms of Service ("Usage Rules"). Badan Pelayanan
Pengadaan Barang dan Jasa Provinsi DKI
Jakarta acknowledges that it had the opportunity to review the Usage Rules and this
License Agreement is not conflicting
with them.
e-Order DKI Seller when purchased or downloaded through the
Services, is licensed to You for use only under the terms of this License
Agreement. The Licensor
reserves all rights not expressly granted to You. e-Order DKI Seller is to be used on devices that operate
with Google's operating system
("Android").
TABLE OF CONTENTS
1. THE APPLICATION
2.
SCOPE OF LICENSE
3.
TECHNICAL REQUIREMENTS
4.
MAINTENANCE AND SUPPORT
5.
USE OF DATA
6.
USER-GENERATED CONTRIBUTIONS
7.
CONTRIBUTION LICENSE
8.
LIABILITY
9.
WARRANTY
10.
PRODUCT CLAIMS
11.
LEGAL COMPLIANCE
12.
CONTACT INFORMATION
13.
TERMINATION
14.
THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
15.
INTELLECTUAL PROPERTY RIGHTS
16.
APPLICABLE LAW
17.
MISCELLANEOUS
1. THE APPLICATION
e-Order
DKI Seller ("Licensed Application") is a piece of software created to ecommerce
e-Order on Mobile Apps — and customized for Android mobile devices ("Devices"). It is used to
e-Commerce.
2. SCOPE OF LICENSE
2.1
You are given a non-transferable, non-exclusive, non-sublicensable license
to install and use the Licensed Application on any Devices that You
(End-User) own or control and as permitted by the Usage Rules, with the exception that such Licensed Application
may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.
2.2
This license will also govern any
updates of the Licensed Application provided by Licensor that replace, repair,
and/or supplement the first Licensed
Application, unless a separate license
is provided for such update,
in which case the terms of
that new license will govern.
2.3
You may not share or
make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with Badan
Pelayanan Pengadaan Barang dan Jasa Provinsi DKI Jakarta's prior
written consent), sell, rent, lend, lease or otherwise redistribute the
Licensed Application.
2.4
You may not reverse engineer, translate,
disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of,
adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with Badan
Pelayanan Pengadaan Barang dan Jasa Provinsi DKI Jakarta's prior written consent).
2.5
You may not copy (excluding when
expressly authorized by this license and the Usage Rules) or alter the Licensed Application or portions thereof.
You may create and store copies only on devices that You own or control for backup keeping under the terms
of this license, the Usage Rules, and any other terms and conditions that apply to the device or software
used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third
parties may gain access to these copies at any time. If you sell your Devices
to a third party, you must
remove the Licensed
Application from the Devices before doing so.
2.6
Violations of the obligations mentioned
above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.7
Licensor reserves the right to modify the terms and
conditions of licensing.
3. TECHNICAL REQUIREMENTS
3.1
Licensor attempts to keep the Licensed
Application updated so that it complies with modified/new versions of the firmware
and new hardware. You are not granted rights to claim such an update.
3.2
You acknowledge that it is Your responsibility to confirm and determine that the app end-user device
on which You intend to use the Licensed Application satisfies the technical specifications mentioned above.
4. MAINTENANCE AND SUPPORT
4.1
The Licensor is
solely responsible for providing any maintenance and support services for this
Licensed Application. You can reach
the Licensor at the email address listed in the Play Store Overview for this Licensed Application.
4.2
Badan Pelayanan Pengadaan Barang dan Jasa
Provinsi DKI Jakarta and the End-User
acknowledge that the Services
have no obligation whatsoever to furnish any maintenance and support services
with respect to the Licensed
Application.
5. USE OF DATA
You acknowledge that Licensor will be able to access
and adjust Your downloaded Licensed
Application content and Your personal
information, and that Licensor's use of such material and information is subject to Your legal
agreements
with Licensor and Licensor's privacy policy, which can be accessed by Clicking
the Privacy Policy Link on Web eorder-bppbj.jakarta.go.id.
You acknowledge that the Licensor
may periodically collect
and use technical data and related information about your device, system, and application software,
and peripherals, offer product support,
facilitate the software
updates, and for purposes of providing other services to you (if any) related to the Licensed Application. Licensor may also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify
you.
6. USER-GENERATED CONTRIBUTIONS
The
Licensed Application does not offer users to submit or post content. We may
provide you with the opportunity to create, submit,
post, display, transmit,
perform, publish, distribute, or broadcast content
and materials to us or in
the Licensed Application, including but not limited to text, writings, video,
audio, photographs, graphics, comments,
suggestions, or personal information or other material
(collectively,
"Contributions"). Contributions may be viewable by other users of the
Licensed Application and through
third-party websites or applications. As such, any Contributions you transmit
may be treated in accordance with the Licensed
Application Privacy Policy.
When you create or make available any Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display,
or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary
licenses, rights, consents,
releases, and permissions to use and to authorize
us, the Licensed Application, and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this License
Agreement.
3. You have the written consent,
release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed
Application and this License Agreement.
4.
Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid
schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene,
lewd, lascivious, filthy,
violent, harassing, libelous,
slanderous, or otherwise
objectionable (as determined
by us).
7.
Your Contributions do not ridicule,
mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten
(in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9.
Your Contributions do not violate
any applicable law, regulation, or rule.
10.
Your Contributions do not violate the privacy or publicity
rights of any third party.
11. Your Contributions do not violate
any applicable law concerning child pornography, or otherwise intended
to protect the health or well-being of minors.
12. Your Contributions do not include
any offensive comments
that are connected to race, national origin,
gender, sexual preference, or physical handicap.
13. Your Contributions do not otherwise
violate, or link to material that violates,
any provision of this License Agreement, or any applicable law or regulation.
Any use of the Licensed
Application in violation
of the foregoing violates this License Agreement
and may result in, among other things,
termination or suspension of your rights to use the Licensed
Application.
7. CONTRIBUTION LICENSE
You agree that we may access, store, process, and use any information and personal data that you provide following
the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions of other feedback
regarding the Licensed
Application, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Licensed
Application. You are solely responsible for your Contributions to the Licensed
Application and you expressly agree to exonerate
us from any and all responsibility and to refrain
from any legal action against us regarding
your Contributions.
8. LIABILITY
8.1
Licensor's responsibility in the case of
violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of
essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In
any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above
does not apply to injuries to life, limb, or health.
8.2
Licensor takes no accountability or
responsibility for any damages caused due to a breach of duties according to Section 2 of this License
Agreement. To avoid data loss, You are required to make use of backup functions of the Licensed Application to
the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations
or manipulations of the Licensed Application, You will not have access to the Licensed Application.
9. WARRANTY
9.1
Licensor warrants that the Licensed
Application is free of spyware, trojan horses, viruses, or any other malware
at the time of Your download. Licensor
warrants that the Licensed Application works as described
in the user documentation.
9.2
No warranty is provided for the Licensed
Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined
or installed with inappropriate
hardware or software, used with inappropriate accessories, regardless if by Yourself
or by third parties, or if there
are any other reasons outside of Badan Pelayanan Pengadaan Barang dan
Jasa Provinsi DKI Jakarta's sphere of influence that affect the executability
of the Licensed Application.
9.3
You are required to inspect the Licensed
Application immediately after installing it and notify Badan Pelayanan Pengadaan Barang dan Jasa
Provinsi DKI Jakarta about issues discovered without delay by email provided
in Product Claims. The defect
report will be taken into consideration and further investigated if it has
been
emailed within a period of three hundred
sixty five (365) days after
discovery.
9.4
If we confirm that the Licensed
Application is defective, Badan Pelayanan Pengadaan Barang dan Jasa Provinsi DKI Jakarta reserves a choice to
remedy the situation either by means of solving the defect or substitute delivery.
9.5
In the event of any
failure of the Licensed Application to conform to any applicable warranty, You
may notify the Services Store Operator, and Your Licensed
Application purchase price will be refunded to You. To
the maximum extent permitted by applicable law, the Services
Store Operator will have no other warranty
obligation whatsoever with respect to the Licensed Application, and any
other losses, claims, damages, liabilities, expenses, and costs attributable to
any negligence to adhere to any
warranty.
9.6
If the user is an entrepreneur, any claim based on faults expires after a statutory
period of limitation amounting to twelve (12) months after the Licensed Application
was made available to the user. The statutory
periods of limitation given by law apply for users who are consumers.
10.
PRODUCT CLAIMS
Badan Pelayanan Pengadaan
Barang dan Jasa Provinsi DKI Jakarta and the End-User acknowledge
that Badan Pelayanan
Pengadaan Barang dan Jasa Provinsi DKI Jakarta,
and not the Services, is responsible for
addressing any claims of the End-User or any third party relating to the
Licensed Application or the End- User’s
possession and/or use of that Licensed Application, including, but not limited to:
(i) product liability claims;
(ii)
any claim that the
Licensed Application fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar
legislation.
11.
LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a US Government
embargo, or that has been designated by the US Government as a "terrorist supporting" country; and that You are not listed on any US Government list of prohibited or restricted parties.
12.
CONTACT INFORMATION
For general inquiries, complaints, questions or claims
concerning the Licensed Application, please contact:
Helpdesk e-Order BPPBJ
Jl.
Kebon Sirih No.18,
RT.11/RW.2, Gambir, Kecamatan Gambir, Kota Jakarta
Pusat, Daerah Khusus Ibukota Jakarta
10110
eorder.bppbj@jakarta.go.id Jakarta
Pusat, DKI Jakarta 10110
Indonesia
13.
TERMINATION
The license is valid until terminated by Badan
Pelayanan Pengadaan Barang dan Jasa Provinsi DKI Jakarta or by You.
Your rights under this license will terminate automatically and without notice
from Badan Pelayanan Pengadaan Barang
dan Jasa Provinsi DKI Jakarta if You fail to adhere to any term(s) of this
license.
Upon License termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
14.
THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Badan Pelayanan
Pengadaan Barang dan Jasa Provinsi
DKI Jakarta represents and warrants that Badan Pelayanan
Pengadaan Barang dan Jasa Provinsi DKI Jakarta
will
comply with applicable third-party terms of agreement when using Licensed Application.
In Accordance with Section 9 of the "Instructions
for Minimum Terms of Developer's End-User License Agreement," Google's subsidiaries shall be third-party
beneficiaries of this End User License Agreement and — upon Your acceptance of the terms and conditions of this License
Agreement, Google will have the right
(and will be deemed to have accepted the right) to enforce this End User
License Agreement against You as a third-party beneficiary thereof.
15.
INTELLECTUAL
PROPERTY RIGHTS
Badan
Pelayanan Pengadaan Barang dan Jasa Provinsi DKI Jakarta and the End-User acknowledge
that, in the event of any third-party
claim that the Licensed Application or the End-User's possession and use of
that Licensed Application infringes
on the third party's intellectual property rights, Badan
Pelayanan Pengadaan Barang dan Jasa Provinsi DKI Jakarta, and not the Services, will be solely responsible for
the
investigation, defense, settlement, and discharge or any such intellectual
property infringement claims.
16.
APPLICABLE LAW
This License
Agreement is governed by the laws of
Indonesia excluding its conflicts of law rules.
17.
MISCELLANEOUS
17.1
If any of the terms
of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid
terms will be replaced by valid ones formulated in a way that will achieve
the primary purpose.
17.2
Collateral
agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.