Welcome to the website of PT Mitra Distribusi Utama ("MDU"), located at Paramount Mendrisio 1 Block A No. 6, Boulevard iL Lago Street, Gading Serpong, Tangerang Regency 15334.
These Terms and Conditions of Service ("Terms") govern the use of the services ("Services") provided by MDU to the users of the Services ("Users"). Please read these terms and conditions carefully. By accessing the Services, you indicate that you have understood and agreed to be bound by these terms and conditions.
Agreement to these Terms
- 1.1. All Users must comply with these Terms when using the Services. Users may not use the Services unless they agree to these Terms.
- 1.2. Users under the age of consent are required to obtain permission from their parents or guardians to access the Services.
- 1.3. If a User is using the Services on behalf of a business entity, the entity must also agree to these Terms before using the Services.
- 2.1. MDU shall manage all personal information related to the Services.
- 2.2. MDU prioritizes the privacy of its Users.
- 2.3. MDU will handle the privacy and personal information of Users in accordance with applicable laws and regulations.
- 2.4. MDU promises to handle all collected information from Users with the utmost care and implement necessary security measures to ensure secure management.
Provision of Services
- 3.1. Users are responsible for providing their personal computer, mobile device, or other communication devices required to use the Services, at their own expense.
- 3.2. MDU reserves the right to restrict access to all or part of the Services for Users, depending on conditions deemed necessary by MDU.
- 3.3. MDU reserves the right to change all or part of the Services at any time, as deemed necessary by MDU, at its sole discretion, without prior notice to Users.
- 3.4. MDU may cease providing all or part of the Services without prior notice to Users in the following circumstances:
- 3.4.1. During system maintenance or repair.
- 3.4.2. When the Services cannot be provided due to force majeure events such as accidents (e.g., fire, power outage, etc.), acts of God, war, or civil unrest.
- 3.4.3. When there is a system failure or heavy load on the system.
- 3.4.4. To ensure the safety of Users or third parties or in emergencies for the public welfare.
- 3.4.5. When MDU reasonably determines it to be necessary, in addition to the provisions stated in clauses 3.4.1 to 3.4.4 above.
MDU prohibits Users from engaging in the following actions while using the Services:
- 4.1. Actions that violate applicable laws, regulations, court rulings, or legally binding administrative actions.
- 4.2. Actions that may disturb public order, morals, or customs.
- 4.3. Actions that infringe intellectual property rights such as copyright, trademark rights, patent rights, privacy rights, and all other rights granted by law or contract with MDU and/or third parties.
- 4.4. Sending or disseminating posts that contain excessive violence or explicit sexual expressions; expressions that lead to child pornography or violence against children; expressions that lead to discrimination based on race, nationality, belief, gender, social status, family origin, etc.; expressions that persuade or encourage suicide, self-harm, or drug abuse; or expressions that contain antisocial content and cause discomfort to others.
- 4.5. Actions that involve intentionally spreading false statements from MDU and/or third parties or intentionally disseminating false information.
- 4.6. Sending the same or similar messages to Users in large and unlimited quantities (unless approved by MDU), or any other actions that MDU considers as spam.
- 4.7. Actions that benefit or involve cooperation with antisocial groups.
- 4.8. Actions related to religious activities or invitations to specific religious groups.
- 4.9. Collecting, disclosing, or providing unauthorized or inaccurate personal information, registered information, User history, or similar information.
- 4.10. Actions that disrupt the server and/or network system of the Services; manipulating the Services dishonestly through bots, cheating tools, or other technical actions; deliberately exploiting defects in the Services; submitting unreasonable or repetitive questions beyond what is necessary; and any other actions that interfere with or obstruct the operation of the MDU Services or the use of the Services by other Users.
- 4.11. Actions of decompiling the source code of the Services, such as reverse engineering, disassembling, or similar methods, for unreasonable purposes or in an unfair manner.
- 4.12. Actions that assist or encourage any actions stated in Clauses 4.1 to 4.11.
- 4.13. Actions other than those specified in Clauses 4.1 to 4.12 that are reasonably deemed inappropriate by MDU.
- 4.14. Actions exploiting existing bugs in MDU Services to benefit oneself or others and cause harm to MDU. If a User is found to continue such actions, MDU is entitled to compensation based on MDU's calculation.
- 4.15. Actions prohibited by applicable laws and regulations.
- 5.1. Users must use the Services at their own risk and assume all responsibilities for actions taken based on and as a result of using the Services.
- 5.2. MDU may suspend the use of all or part of the Services, terminate any agreement between the User and MDU relating to the Services (including, without limitation, any agreement based on these Terms), or take any other actions deemed necessary and appropriate by MDU without prior notice to the User if the User violates applicable laws, these Terms, or other separate terms; is a member of an antisocial group or related party; tarnishes the credibility of MDU by spreading false information, using fraudulent or coercive means, or any other means that violate the law; is subject to bankruptcy or similar procedures, or MDU deems uncertainty regarding the User's credibility; or MDU reasonably decides that it is inappropriate to provide the Services to the User.
- 5.3. If MDU incurs any direct or indirect losses/damages (including, without limitation, attorney's fees) due to the User's use of the Services (including cases where MDU receives complaints from third parties regarding such use), the User must promptly compensate MDU for such losses/damages as requested by MDU.
MDU does not provide any express or implied warranties regarding the Services (including content), including that they are free from defects (including, without limitation, security errors, bugs, or rights infringements) or regarding the security, reliability, accuracy, completeness, effectiveness, and suitability for a particular purpose. MDU shall not be responsible for providing services after rectifying such defects.
Limitation of Liability of MDU
- 7.1. MDU shall not be liable for any loss suffered by Users arising from the use of the Services, except where such loss can be attributed to intentional acts or gross negligence on the part of MDU. However, if the agreement between the User and MDU regarding the use of the Services qualifies as a consumer contract as defined under consumer contract laws ("Consumer Contract"), MDU shall be liable to provide compensation for losses arising from MDU's negligence (excluding gross negligence) arising from the contract or unlawful act, only within the scope of (a) typically occurring losses (i.e., excluding loss of profits and other losses arising under special circumstances), and (b) the number of fees paid by the User for the fee-based services for the month in which the loss occurred, up to a maximum limit.
- 7.2. If a User incurs a loss as a result of gross negligence on the part of MDU, MDU shall be liable to provide compensation for the incurred loss but only within the scope of (a) typically occurring losses (i.e., excluding loss of profits and other losses arising under special circumstances), and (b) the number of fees paid by the User for the fee-based services for the month in which the loss occurred, up to a maximum limit; however, this provision shall not apply if the agreement between the User and MDU falls within the definition of a Consumer Contract.
Relationship between these Terms and Applicable Laws
If any provision of these Terms is found to violate the Indonesian Consumer Contract Law or other applicable laws and regulations governing the agreement between the User and MDU regarding the Services, that provision, to the extent of the violation, shall not apply to the agreement with the User. However, the other provisions of these Terms shall not be affected thereby.
Notice and Contact
- 9.1. For MDU's notices to Users regarding the Services, MDU will use methods that MDU deems appropriate, such as posting in appropriate locations within the Services or on the MDU website.
- 9.2. For Users' notices to MDU regarding the Services, Users should use the customer inquiry form available in the Services or on the MDU website, or through other means specified by MDU.
These Terms and Conditions are provided in two languages, Indonesian and English. In case of any discrepancies in interpretation between the Indonesian version and the English version, as stated in Article 31, paragraph (1) of Law No. 24 of 2009 concerning the National Flag, Language, Emblem, and National Anthem, the Indonesian version shall prevail.
Governing Law and Jurisdiction
Any conflicts between Users and MDU arising from or in connection with the Services shall be resolved by the applicable laws of Indonesia and shall be within the jurisdiction of the Indonesian courts.