Orratto Terms of Use

1.
Preliminary

  • Welcome to orratto! orratto(“Site” or “Platform” or “Application”) is a service provided by PT Orratto Dot Com (“orratto” or “We” or “Platform Provider”) a company established under the laws of the Republic of Indonesia whose office and domicile business in Semarang, Indonesia. The orratto Site is a “Service” as described in these Terms and Conditions (“T&C”). If there is any discrepancy between the T&C and/or the Privacy Policy, the T&C will prevail.
  • Visitors and Users (“You”) must read and check the Privacy Policy at https://www.aboutorratto.com/legal/privacy-policy/ and the T&C below because it will affect your rights and obligations as a visitor or user of the Site. By continuing to visit and/or use the orratto Site, you express your consent to and legally accept, comply with and be bound by these T&C.
  • Your use of the orratto Site and its features, content or services (here in after referred to as “Content”) available on this Site, subject to the applicable T&C.
  • You acknowledge and agree that orratto reserves the right, in our sole and absolute discretion, to update or change any part of the T&C at any time. Any changes to the T&C will become effective immediately as of the date of publication of the updated terms at this location (viewable via the section: “Last Updated on”). The provisions in these T&C will continue to apply until there are recent changes.
  • We will give you 14 working days' notice prior to any revisions to these T&Cs, as a form of requesting your approval via an announcement via email or electronic link. Your continued use of the Service after receiving notification of the changes may also be deemed your acceptance of the revised T&C. If you do not agree to the amended T&C, you can stop accessing and using the orratto Service with the conditions set out in section 18 regarding Cancellation and Termination of Service in these orratto T&C.
  • Every activity related to the use of the Site, is legally protected through Law of the Republic of Indonesia No.11 of 2008 concerning Information and Electronic Transactions as amended by Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions, Law of the Republic of Indonesia No. 28 of 2014 concerning Copyright, Law Number 27 of 2022 concerning Protection of Personal Data and other applicable laws and regulations. All forms of engagement arising from all activities on our Site have fulfilled the legal terms and conditions for an engagement as stated in the Civil Code.
  • The legal provisions set out below govern the purchase agreement for any content from this Site. By continuing to use the Site, you agree to the T&C and Privacy Policy.
  • orratto may launch certain Services in a beta version, which may not work as well or the same as the final version, which due to its nature as a beta or trial version, the handling and/or liability cannot be equated with the final version. orratto may also limit certain features or limit your access to part or all of the Application or Service at its sole discretion with 14 working days' prior notice.
  • orratto has the right to refuse to provide access to the Application or Service to you or allow you to open an Account for any reason. If the User does not agree to one, part, or all of the contents of the T&C, then the User is not permitted to use the Services on the orratto Site.
  • BY USING THE orratto SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR FULL ACCEPTANCE AND AGREEMENT TO THESE T&C, INCLUDING ADDITIONAL TERMS & CONDITIONS AND POLICIES REFERRED HEREIN AND/OR LINKED HEREIN. You can cancel your Account or terminate these T&Cs by referring to the provisions of section 18 regarding Cancellation and Termination of Services.

2.
Definition

  1.
Account is a User account that is obtained after registration through an Application or site that requires a full name, email address and a valid personal mobile phone number to register, and there is an OTP code verification that will be entered into the personal cellular number so that the User account can then be used.
  2.
orratto is a limited liability company named PT Orratto Dot Com which was established under the laws of the Republic of Indonesia.
  3.
Customers are buyers who use orratto Services.
  4.
Content is all types of use of services, materials and/or content created and/or uploaded to the Platform.
  5.
Service is one or all of the services provided by orratto to Users as referred to in section 3 below.
  6.
Merchants are sellers who use orratto Services.
  7.
The user or you are a orratto Service user who is a buyer or seller.
  8.
Sites https://www.orratto.com/ is the official website used by PT Orratto Dot Com in providing various services digitally.
9.
The T&C is this document which is an Agreement between User and orratto which contains a set of regulations governing the rights, obligations, responsibilities of Users and orratto, as well as procedures for using the orratto Service system.

3.
General Provision

  1. You undertake that you will use the Site only for the purposes stated in the T&C. You promise not to abuse or use the Site for the purpose of fraud, manipulation or criminal acts or other actions that cause discomfort or harm to other people. orratto has full rights to cancel the transaction or deactivate the User's Account, if it is known that there is an indication of abuse and/or fraud on the use of the Account on the Site or an action that leads to a criminal act and/or is contrary to the applicable laws and regulations.
  2. You understand and agree that your use of the Site will also be subject to our Privacy Policy as may be changed from time to time. By using the Site, you also provide consent as required under our Privacy Policy.
  3. By providing information to us, you declare that you give us the right to use that information in connection with the use and development of services on this site.
    You agree not to do the following:
    a.
    Use the Services to impersonate another person or entity, or otherwise misrepresent your affiliation with a person or entity;
    b.
    Using the Service for fraudulent purposes;
    c.
    Take actions that can damage the User or device feedback system;
    d.
    Use the Service to intentionally or unintentionally violate applicable laws, rules, directive codes, guidelines, policies or regulations;
    e.
    Any and all actions in connection with the Services on the orratto Site which can be considered as actions that violate the laws and regulations in force in Indonesia.
  4. By becoming a Site User, orratto has full authority and rights to use and analyze personal data conducted through the Site. The user also agrees that orratto has full authority to use User's personal data and information to be provided to third parties who work with or are appointed by orratto while still referring to the Personal Data Protection regulations that apply in Indonesia.

4.
orratto Site Term Of Use

  1. Content Access and Use. In order to use the Site, you need a device that meets the system and compatibility requirements for the relevant Content, functioning Internet access, and compatible software.
  2. Age restrictions. In order to use the Content available on the orratto Site, you must have a valid account subject to age restrictions in that country, for example, if you are deemed to be a minor by the State and/or by jurisdiction, then you will need to have parental or guardian consent to use the Content provided on the orratto Site and to agree to these T&Cs. You must comply with additional age restrictions that may apply to the use of certain Content or features on the orratto Site (if any). Guardians and family members will also need to meet these additional requirements.
  3. Third Party Fees. You will be responsible for any data access or fees incurred by third parties (such as Internet providers or mobile operators) in connection with the use and display of the Content and the orratto Site.
  4. Updates. The orratto Site, associated repository, or Content may require updating to a new version, for example, for bug fixes, functionality improvements, missing plug-ins. (hereinafter referred to as “Updates”). You may need such updates in order to use the orratto Site or to access, download, or use the Content. By agreeing to the T&C and by using the orratto Site, you agree to receive these Updates automatically, including the updated T&C, which may be changed and/or updated from time to time.
  5. Personal information. Providing protection for your personal information is very important to us, therefore the orratto Site Privacy Policy explains how we use personal data and protect your privacy when using the orratto Site. orratto may need to provide your personal information, such as name and e-mail address, to providers whose purpose is to process transactions or provide Content to you. The provider agrees to use this information in accordance with their privacy policy. By providing us with information, you declare that you are willing to provide us with information, for us to use and share with any party who will support our services to you.
  6. Cookies. Certain information may also be collected automatically using cookies. Cookies are small data files that are stored on your computer or mobile device. We use cookies to track User activity with the aim of improving user interface interaction and User experience and remembering Your browsing preferences on Our Site. Most mobile devices and internet browsers support the use of cookies; however you can adjust the settings on your mobile device or internet browser to refuse certain types of cookies or specific cookies.
  7. Unauthorized Account Access. You must keep your account details secure and must not share them with others. You may not collect or retrieve any personal data from users of the orratto Site, including users of other account names from the orratto Site. You may only use your own account and you promise not to allow anyone else to use your identity or account. You may not assign or transfer accounts anywhere. You must keep every account password and other identification that we provide to you safely and confidentially. In the event of any disclosure of your password, which results in unauthorized use of your account or identity, any submissions and/or requests resulting from unauthorized use, will still be considered valid submissions and/or requests. Please notify us, if you no longer have control over your account, for example, your account was hacked or your device was stolen, so that we can cancel your account accordingly. Please note that you are responsible for the use of the Account and can be held liable even if the Account is misused by someone else.
  8. If you continue to use orratto, this indicates that you accept the latest T&C. The most recent T&Cs will apply to your use of all Content (including Content you have posted or purchased in the past) and any subsequent installations or purchases. If you do not agree to these changes, you will be given the opportunity to download previously purchased or installed Content and stop using the orratto Site. You may continue to view a copy of the Content on your Device in accordance with the Terms as agreed in the latest version.
  9. Site Content Validity. We will take all reasonable steps to ensure that the information on this Site is correct. However, We do not guarantee the correctness or completeness of the material on this Site.

5.
orratto Account Registration And Access

  1. You can use the features on the Site in full if you have registered yourself. After you have successfully registered, we will provide you with a personal account that can be accessed with the password you choose.
  2. We have the right to request, collect and process your personal information, such as your full name, electronic mail address (email/email), and your cell phone number when you register. You must provide accurate and complete information, update the information and agree to provide us with any proof of identity that we can reasonably request. If the personal information provided to us has changed, for example, if you change your email address, telephone number, or if you want to cancel your account, please update your details by sending your request to us. We will, as far as possible, enforce the requested changes within 30 (thirty) working days of receipt of the notification of the changes.
  3. After registering, our system will send a verification code automatically and send the verification code via SMS or WhatsApp short message from the phone number you provided. You need to verify by entering the code on the registration page.
  4. After verifying, our system will create a personal account. The telephone number that you use will be attached to your account so that you cannot create a new account with the registered telephone number. The same applies if you change your phone number at a later date.
  5. If you log out of your account, you will need to enter the telephone number you used when registering and enter a verification code, which will then be sent automatically by our system via SMS or WhatsApp short message to your telephone number on the login page.
  6. For disclaimer: A verification code (OTP/One Time Password) is generated automatically by our system. We do not know and have never asked for your verification code. Never share your verification code with anyone, even us or other parties who claim to be our representatives.
  7. By registering, you declare that you have: (a) agreed to our use and management of your personal data, including but not limited to disclosure to government agencies and agencies as long as necessary and based on applicable laws and regulations, and if we believe that your use violates applicable laws and regulations; (b) Agree to and be bound by the Orratto Privacy Policy; (c) Protecting our rights in relation to intellectual property rights and other rights attached to us; (d) Comply with all legal provisions in force in the territory of the Republic of Indonesia; and (e) Before registering, you have ensured that the device or device (mobile phone, tab, and the like) that you are using is compatible / supports the use of the Site and Services.
  8. You agree that we, based on the Regulation of the Minister of Communication and Information of the Republic of Indonesia Number 5 of 2020 concerning Private Electronic System Operators, as amended by the Regulation of the Minister of Communication and Information of the Republic of Indonesia Number 10 of 2021 concerning Amendments to the Regulation of the Minister of Communication and Information of the Republic Indonesia Number 5 of 2020 concerning Private Electronic System Operators, can block or close your Account and delete or remove all Content related to Your Account from the Service no later than 1x24 hours after the take down order from the Minister is received.
  9. We have all the rights to block temporarily, or permanently, delete, deactivate your account or suspend and/or stop your access to the Service at our sole discretion and for any reason by giving prior notice to you as soon as possible. The reasons for blocking, deleting, or deactivating your Account may include, but are not limited to:
    a.
    Violation of or non-compliance with the Privacy Policy and these T&C or applicable laws and regulations;
    b.
    Fraud or theft (or any indication or suspicion of fraud or theft);
    c.
    Suspicion of criminal acts or violations (fraud);
    d.
    Transactions of illegal goods;
    e.
    Acts of violating decency, pornography, gambling, insults/defamation, threats and extortion, terrorism;
    f.
    Acts of violation of Intellectual Property Rights which are our rights as referred to in Point 10 of these T&C, including but not limited to trying to change, copy, imitate, disassemble, or reverse engineer computer programs or the Site;
    g.
    You and/or other parties, which based on our consideration will result in loss and/or damage to us, our affiliates or third parties who are bound by an agreement with us;
    h.
    Based on our consideration, the Application and/or Service is misused to violate the legal provisions in force in the territory of the Republic of Indonesia which is carried out by You and/or a third party;
    i.
    You provide inaccurate, false or misleading information;
    j.
    Doing inappropriate actions, threats, or insults to orratto or other parties that can affect orratto's reputation and good name;
    k.
    You refuse to provide the information we need for your Account registration purposes;
    l.
    There are technical glitches that affect orratto's systems and internal governance;
    m.
    You are included in a “black list” or “watch list” by the government of a country or an international organization;
    n.
    There are provisions that require this based on applicable legal provisions.
We may give a written warning regarding your violation and non-compliance with the above provisions, via email or other media that we determine from time to time. With prior notification to Users, orratto has the right to delete or archive data in User Accounts, if data storage has exceeded the maximum capacity.

6.
Account Confidentiality

  1. The user is responsible for the security and confidentiality of the OTP code that has been sent to the user's personal cellular number and other information related to the user's account contained in the “Registration Information”.
  2. Please inform us if you no longer have control over your account, for example your account is somehow hacked or your phone is stolen, so that we can cancel your account accordingly. Please note that you are responsible for the use of your account and you can still be held liable even if your account is misused by someone else.
  3. In the event of disclosure of the User's password, in any way, which results in any unauthorized or unauthorized use of the Account or User's identity, then orratto will process everything related to the use of the Application based on Registration Information and will still be considered valid, unless the User has reported to Us regarding illegal access to User Accounts, or misuse of Registration Information during or after the occurrence of unauthorized or unauthorized use to orratto via email: [email] .
  4. We are not responsible for any losses or claims that arise as a result of the User's negligence and for misuse of the orratto system for the User's personal interests.

7.
Special Provisions

  1. Requirements to Become a User in orratto
    orratto is open to all individuals and/or companies in the form of business entities or legal entities, Commanditaire Venoontschap (CV), Firms to Limited Liability Companies and other forms to become Users in accordance with the T&C.
  2. The user warrants that:
    a.
    The user will not take legal action, market and/or carry out transactions on non-existent or illegal goods, sell products in a defective condition or be involved in disputes, claims, lawsuits, suspension of debt payments, investigations and criminal acts.
    b.
    Users are willing to accept warnings and/or lawsuits from orratto, if they are proven to be marketing and selling products or taking actions that violate applicable laws and regulations.
    c.
    Users will always provide, maintain and update accurate and complete User and product information that the system and buyers can rely on.
    d.
    Users have permission to sell and use Content shared on the Site.
    e.
    For verification purposes, users can contact orratto via [email] , we will accommodate and accept user problems and complaints.
    f.
    The User is responsible for maintaining the confidentiality of the User's data and access to the Application which consists of the cellphone number used and the password. If the User loses access to orratto, the User can contact orratto at [email] .
  3. orratto's Right
    orratto has the right and sole discretion to:
    a.
    Terminate, suspend, disable and/or remove any website hosted on its servers that it deems inappropriate.
    b.
    Review any accounts or excessive bandwidth and to suspend service to accounts that have exceeded the allowed level.
    c.
    Termination of any account for non-payment of fees, for providing false account information or forged payment information.
    d.
    Terminate any account if its Content on the Site results in, or is the subject of, a malicious legal action or action against orratto or any of its affiliates or partners, regardless of whether such legal action or malicious action is determined with or without later service.
    e.
    Termination of any account for unsolicited commercial e-mail ( “Spam” ), illegal access to other computers or networks (e.g. hacking), distribution of internet viruses or similar destructive activity, legitimate or unauthorized activity that orratto deems harmful to customer operations or reputation , or for any breach of these T&Cs.
    f.
    Suspend the Service at any time for any period if necessary, without penalty or liability to yourself.
    g.
    Suspending Services and not limited to website services, under certain circumstances, including:
    1. Reject or cancel your order at any time for any reason including but not limited to: product or service availability, an error in the product or service description or price, an error in your order or any other reason.
    2. Reject or cancel your order if fraud or unauthorized or illegal transactions are suspected.
    3. Suspending the disbursement of funds arising from orders indicated to be invalid or illegal.
    h.
    Deduct the disbursed funds in the amount of the difference from the actual shipping cost of the goods with the shipping costs paid by the customer, if a difference in shipping costs is found caused by differences in the weight of the goods sent with the weight of the goods included in the product descriptions sold at the Online Store.
    i.
    Remove watermarks, labels or other proprietary notices included in Content or attempts to modify Content obtained through the orratto Site, including modifications that aim to disguise or change indications of ownership or source of Content.
    j.
    Obtain fees from the Merchant.
    k.
    By using this Site, orratto automatically obtains your consent. If orratto temporarily suspends the Service for technical reasons or to maintain network equipment or facilities, as deemed necessary by orratto, then You hereby release orratto from all claims and/or lawsuits regarding the suspension of the Service.

8.
External Link

This site may contain links to other internet sites owned and operated by third party vendors and other third parties ( “External Links” ). orratto has no control over the External Links nor their contents. Therefore, you acknowledge and agree that we will not be responsible for the availability of these External Links, and do not support and are not responsible or liable for any content, advertisements, products, materials or information contained in these External Links. You also acknowledge and understand that you release orratto from all demands and responsibilities for any content, advertisements, products, materials or information that you upload or make available on external links that may violate these T&C and applicable laws and regulations. You further acknowledge and agree that We will not be responsible or liable, directly or indirectly, for any damage or loss caused or suspected to be caused by or in connection with the use of or reliance on any content, goods or services available on or through External Links. orratto makes no representations or warranties of any kind, express or implied, with respect to the operation of this site or the information, content, materials or products included on this site. orratto always makes the best efforts regarding the security of using the orratto Site and Services, filtering Accounts and reviewing and monitoring Content, but this does not exclude your obligation to apply the precautionary principle in the use of this Site and all its contents by you and therefore bear your risk Alone. orratto cannot fully warrant that this Site and/or its Services will be uninterrupted, timely, secure, or error-free. You must notify orratto as soon as possible if you experience a disturbance as mentioned above so that orratto can try to deal with the disturbance.

9.
Intelectual Property Rights (IPR)

  • Everything regarding the orratto Site, including writing, images, logos, buttons, content, features, software has permission and is not sold or transferred. orratto has all the rights that are not expressly stated to the User in this Agreement. Services are protected by patents, copyrights, trademarks, trade secrets and other protections related to laws and regulations in the field of Intellectual Property Rights, which either exist or will be regulated in the future.
  • For the purposes of this Agreement, “Intellectual Property Rights” means all current or future patents, copyrights, marks on various products, trade secrets, and other intellectual property rights and all applications thereof and registrations, renewals and extensions thereof, based on the laws of the Republic of Indonesia.
  • There are no provisions in these T&Cs which can be interpreted as granting or transferring rights/licences to you or any other party, either in part or in whole, either implicitly or expressly, to use, own, copy, reproduce, publish, exploit, distribute, sell, transfer, display in public, reproduce, transmit, move, broadcast, disassemble any part, modify and/or do other things that can reduce the rights contained in the Intellectual Property Rights referred to, unless otherwise expressly stated in these T&C. You hereby accept and agree that downloading any part of any Intellectual Property Rights does not give you the rights to such Intellectual Property Rights.
  • You agree not to use orratto's Intellectual Property Rights without our prior written approval. You acknowledge that any actual attempt or violation of the provisions related to Intellectual Property Rights will result in the termination of all User rights regarding the orratto Service.

10.
Security

We have implemented technical measures designed to secure your personal information from incidental loss and from unauthorized access, download, alteration or disclosure. However, We do not guarantee that unauthorized third parties will not be able to circumvent protections under these measures or use personal information for inappropriate purposes. You acknowledge and agree that you provide your information at your own risk.

11.
Confidential Information

  1. “Confidential Information” will include, but is not limited to, any and all information related to a party's business and not known to the public, including certain business information, technical processes and formulas, software, customer lists, lists of potential customers, names, addresses and other information about customers and prospects, product design, sales, fees (including relevant processing fees), cooperation contracts, and other unpublished financial information, business plans and marketing data, and other confidential and proprietary information, whether or not marked as secret or proprietary rights disclosed by one party ( “Disclosing Party” ) to another party ( “Receiving Party” ). orratto Confidential Information includes all information you receive relating to us, or the Services, that is not known to the general public including information regarding our security programs and practices.
  2. Each party agrees to use the other party's Confidential Information solely as necessary: to carry out its obligations under these T&Cs and in accordance with other obligations in these T&Cs. The user understands and agrees that orratto will also use the user's Confidential Information to carry out the Service. Each party agrees that it will take all reasonable steps, at least substantially equivalent to those taken to protect its own proprietary information, to prevent duplication, disclosure or use of such Confidential Information, other than disclosure: (i) to officials, employees, agents, advisers (counsels) and subcontractors ( “Allowed Parties” ) of the Receiving Party who must have access to such Confidential Information to carry out their obligations, in which such Permitted Parties will be subject to and bound by the confidentiality obligations in these T&Cs; or (ii) by the Receiving Party as required by statutory provisions, the competent governmental authority, or the order of any court with proper jurisdiction over said Receiving Party, provided that, if legally permissible and enforceable, the Receiving Party will immediately give written notice to the Disclosing Party and use commercially reasonable best efforts to ensure that the disclosed information will be treated as confidential information.
  3. Confidential Information will not include any information that the Receiving Party can prove that it: (A) was already in the public domain, or was known to or in the possession of the Receiving Party, at the time of disclosure of that information by the Disclosing Party; (B) independently developed by the Receiving Party without using or referring to the Disclosing Party's confidential Information, and without violating the provisions of these T&Cs; or (C) subsequently legally obtained by the Receiving Party from a source other than that of the Disclosing Party without violating any provision of these T&Cs.

12.
Unauthorized and Illegal Use

orratto does not permit the use of Spam to promote products or Services. Any customer who engages in sending Spam through orratto or promoting information on a website hosted by orratto will be deemed to have violated these T&Cs and will be immediately suspended from the Service. Your use of Content and/or Services must comply with applicable laws and regulations in Indonesia, in particular (but not limited to) Law Number 28 of 2014 concerning Copyright, Law Number 20 of 2016 concerning Trademarks and Geographical Indications, Law Number 13 of 2016 concerning Patents, Law Number 11 of 2008 concerning Information and Electronic Transactions, as amended by Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions, Law Number 8 of 1999 concerning Consumer Protection, and Law Number 27 of 2022 concerning Personal Data Protection.
  • Content that contains links such as: pornography, adult content, material with foul language.
  • Content that justifies, promotes, or contains hacking links, related utilities, or other piracy-related information, whether for educational purposes or not.
  • Content that has been promoted through Spam delivery or mail fraud schemes, or pages that promote or permit Spam sending.
  • Sending bulk emails originating from our servers that are distributed to unknown recipients requesting products or services, or bulk emails not originating from our servers that are distributed to unknown recipients requesting products or services related to a orratto account will result in immediate account suspension.
  • Content that is highly offensive to the community, including flagrant expressions of bigotry, prejudice, racism, hatred or excessive swearing, or the posting of material that is obscene, dirty, violent, abusive, or otherwise objectionable.
  • Content that exploits children under the age of 18.
  • Content that sells or promotes unlawful products or services in the location where it is posted or received.
  • Content that violates copyrights, patents, trademarks, service marks, trade names, trade secrets or other third party intellectual property rights.
  • Content that promotes fraudulent emails, tiered (pyramid) marketing schemes, or other illegal or fraudulent activity.
  • Design, reverse engineer or derive the source code or structure or sequence of orratto services, solutions or technologies of any kind.
  • Re-engineer, reverse engineer, or otherwise downgrade the source code or individual access keyword structure or sequence of the Customer's Website (or the pages contained therein).
  • Content that contains actions that could be considered criminal acts in the customer's area. For example content related to illegal drugs, firearms, stolen goods, contraband, gambling services, racketeering and terrorism and anything else prohibited by local customer laws.

13.
Indemnity and Limitation of Liability

  1. You are obliged to protect, provide immediate compensation at orratto's request, and release orratto and its affiliates, including the Shareholders, Directors, Board of Commissioners, employees, agents and representatives of orratto and its affiliates ( “Protected Parties” ) from and against all losses, demands, claims, taxes, liabilities, and/or legal process costs, as well as costs (including attorneys' fees and reasonable expenses) (whether caused by third party claims or not) incurred and incurred by the Covered Party caused or related to:
    1. any inaccuracies in any representations or warranties made by you in these T&Cs as of the date they were made or purported to be made; And
    2. any of your violations of the respective agreements, obligations or agreements based on these T&C (collectively, the “Losses” ), among others due to:
  • Losses arising from invalid, inaccurate or incomplete information that you provide;
  • Losses arising from invalid, inaccurate, incomplete information about products and/or product transactions on the Platform that you provide;
  • The product you are selling is counterfeit, violates the intellectual property rights of other third parties, is not in accordance with the provisions of the applicable laws and regulations, and/or contradicts the provisions that apply in orratto (such as the orratto Terms of Use);
  • Misuse of User or Buyer Personal Data by you;
  • Your failure to use the Platform that occurs due to your negligence and/or other parties in maintaining the confidentiality of your account on the Platform including but not limited to borrowing accounts from other parties, providing password access to other parties, providing verification codes to other parties, accessing links from other parties that cause your account to be accessed without your consent and/or knowledge and can result in losses for the buyer or yourself or the Protected Parties;
  1. Your failure or inability to apply these T&C due to changes in laws and regulations, court decisions (including but not limited to bankruptcy or being given a bankruptcy decision, including default), or government decisions, revocation or temporary suspension of business licenses, dissolution or liquidation either voluntarily or forcibly (except for the purpose of consolidation or merger), and/or its main assets are confiscated, then you are obliged to be responsible for any legal issues that occur and are obliged to release orratto and its affiliates from all claims and/or claims that arise.
  2. orratto and its affiliates are not responsible for the following:
    a.
    The items purchased are found to be defective, damaged or not in accordance with the description listed on the Online Store;
    b.
    Customers do not pay for goods purchased at the Online Store;
    c.
    It is your sole responsibility to complete refunds and goods to customers;
    d.
    The customer does not receive the goods ordered at the Online Store due to problems or errors of the Third Party Service Provider;
    e.
    The policy of returning or exchanging goods between the Online Store and customers.
  3. orratto always strives to keep orratto Services safe, comfortable and functioning properly, but we cannot guarantee that operations or access to our Services can be perfect continuously. Information and data on the Site may not occur in real time.
  4. We provide the Service on an “as is” basis. You understand that We make no representations or warranties of any kind which state or warrant that:
    a.
    The use of our services will always be timely, work without interruption, or be free from changes, additions, reductions, transmissions, damages, losses, transfers, concealment caused by the actions of one party intentionally and without rights or against the law;
    b.
    Our services can continue to operate and be used together with other party devices or systems that are not provided or owned by us; and/or
    c.
    Our Services will always meet your expectations.
  5. You understand that our Services may experience interruptions or delays due to the unavailability or interruption of the third party services you use or due to interruptions, unavailability, or certain feature malfunctions on the device you use. You agree to release us from all claims, demands or lawsuits in connection with failure to carry out your instructions due to incomplete submission of your information or cancellation or alteration of instructions sent to us unless caused by our willful mistakes.
  6. You agree to release us from all claims, demands or lawsuits for any consequences or losses arising in connection with: (i) unfinished or delayed transactions; and/or (ii) any interruption, delay, change, or unavailability of orratto or our Services (including if we are unable to carry out or continue some or all of your instructions or communications to us through the Site or Application), caused by events or things -things beyond our control, including but not limited to Force Majeure (as defined below), banking system failure, monetary crisis, hacking, change/addition/reduction of transmission, damage/loss/diversion, concealment in the Equipment system us or services, caused by the actions of a third party who intentionally and without rights or against the law, interruption or unavailability of third party services, including continuous disruption of internet, power, telecommunication and electricity networks, or other things beyond our control .
  7. You agree that We are not responsible for any consequences or losses arising from the matters mentioned above, including but not limited to: (i) data loss; (ii) loss of income, profits or other income; and/or (iii) loss, damage or injury arising from your use of the orratto Services. In any case, if the law and/or legal entity states that orratto will indemnify the user, the maximum liability that can be borne by orratto is limited to the number of relevant transactions.
  8. You agree to release us from all claims, demands, lawsuits and compensation of any kind and from any party arising in connection with:
    a.
    Our use of personal information or data based on these T&C and/or the Orratto Privacy Policy, or based on the approval, acknowledgment, authority, power and/or rights that you have given us;
    b.
    Providing information or personal data by you to us that violates applicable laws or regulations, violates the rights (including Intellectual Property Rights) of other parties, or violates contracts, agreements, statements, decisions, or documents in which you are a party or bound;
    c.
    Unauthorized use of the orratto Service, violating applicable laws and legal provisions, rights (including Intellectual Property Rights) of other parties, or violating any contract, agreement, statement, decision or document to which you are a party or bound by it, or violates T&C.
    d.
    Disputes, claims, bankruptcy actions, delays in debt obligations, investigations, crimes, or violations of law, intellectual property or other regulations and statutory provisions that occur, are executed or involve Users.
    e.
    Transactions between Users and buyers or further Use of Goods to other parties, use or transfer or guarantee of goods, membership, confidentiality, misuse, use and access to Applications, Services, Content, including parts and information available in or related to Accounts, password, privacy, confidentiality of Users or buyers.
  9. The user must be responsible, defend, release from all claims/claims/claims, and agree to provide compensation to orratto (including parties related/affiliated with orratto) for all losses, either directly or indirectly, suffered by orratto due to or in relation to the above matters and related problems due to errors, negligence or other matters of Users or Buyers and/or officers, directors, commissioners, employees, subcontractors, suppliers, agents and representatives of Users and/or Buyers.

14.
Compensation

You agree to defend, hold harmless, compensate and protect orratto and its affiliates from and against all liabilities, damages, losses and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (i) your access to or use of our Services, including any information provided in connection therewith; (ii) your breach or alleged breach of these T&Cs; or (iii) your statements are false/inaccurate. You will cooperate fully as We request in the defense or settlement of any claim.

15.
Cooperation with Third Party Services

  1. To support and complement orratto Services and facilitate your business, from time to time orratto facilitates you to use services from third party services ( “Third Party Services”), including but not limited to, payment system services, delivery system services for transactions between Online Stores and Customers, and other needs services. These Third Party Services are provided solely for your convenience, therefore any purchases, access, or your use of these Third Party Services are solely between you and the third party as a service provider.
  2. By using orratto Services, you agree to use Third Party Services. You state that you give consent to orratto to provide your data for the purposes of these Third Party Services, taking into account orratto's Privacy Policy and applicable laws and regulations.
  3. You understand and accept that your use of Third Party Services creates a legal relationship between you and the Third Party Service Provider. You agree to be bound by the terms and conditions of third parties as service providers, including their respective privacy policies, which if different from these T&C and/or orratto's Privacy Policy, also apply to your use of such Third Party Services.

16.
Declaration and Warranty

You hereby represent and warrant the following:
  1. Authority and Application. You have obtained corporate approval and all other necessary approvals, so that you have full authority to comply with and be bound by and to perform and carry out all of your obligations under these T&C.
  2. Permissions. You have obtained permits, licenses and similar authorizations to carry out business activities as you are currently or will be doing at this time and such permits, licenses or similar authorizations are legal, binding, fully valid and will continue to be valid during the conduct of your business and use of the Service orratto for your business.
  3. Compliance with Applicable Laws. You have complied with and have not violated any legal provisions related to business activities, operations, assets or property that should bind you or your business. There is no event or situation which (with or without the passage of time or by notification) could result in a violation or conflict, or your failure, to comply with laws and regulations.
  4. Anti-Money Laundering and Prevention of Terrorism Financing. You represent and warrant that: You know and understand all Anti-Money Laundering and Counter-Terrorism Financing Laws and regulations that apply from time to time for every business transaction and activity carried out in connection with these T&C, and will not take any action that may violates or may violate the Anti-Money Laundering and Prevention of the Financing of Terrorism Act and regulations.
  5. Anti-corruption. You represent and warrant that: You know and understand all applicable anti-corruption laws and regulations from time to time for every business transaction and activity carried out in connection with these T&C, and will not take any action that violates or may violate Anti-corruption laws and regulations.
You know and understand all laws and regulations and implementing regulations issued by (but not limited to) the Government of the Republic of Indonesia, Bank Indonesia, the Financial Services Authority and other supervisory bodies related to anti-money laundering and prevention of terrorism financing. The purpose of using this orratto Service and all transactions and business activities carried out in connection with the T&C are not to violate laws and regulations and implementing regulations regarding anti-bribery, anti-corruption, anti-money laundering and prevention of terrorism. You must fulfill, and ensure that every leader, owner, shareholder, officer, director, employee and/or agent complies with all laws and regulations and implementing regulations regarding anti-bribery, anti-corruption, anti-money laundering and prevention of terrorism financing in every business transaction and activity carried out in connection with these T&C.
  • You are the sole unencumbered owner and, if registered, the sole registered owner of all intellectual property rights used in your business, including Logos and/or Trademarks, which are all yours and legally distributed.
  • Your intellectual property rights and the validity or existence of your rights, titles and interests in them are not the subject of any current, pending or enforceable dispute, claim or legal proceeding, including any attempt to challenge, cancel, withdraw or repair the registration of your Intellectual Property Rights, and Your Intellectual Property Rights have never been the subject of a dispute, claim or legal proceeding, and there are no facts or matters that may give rise to such dispute, claim or legal proceeding.
  • You have taken all necessary steps to protect your Intellectual Property Rights. Without limitation, all renewal fees relating to your maturing Intellectual Property Rights have been paid in full.
  • You do not engage in any activity that violates the Intellectual Property Rights of any third party. None of your Intellectual Property Rights is currently infringed by any third party or has been infringed and no third party has threatened to commit such infringement.

17.
Force Majeure

Each Party will be released from carrying out its obligations under the Agreement if the implementation of said obligations is hampered or cannot be carried out due to a Force Majeure Event (defined below) and the Party that is unable to carry out its obligations must immediately provide notification of its inability to the other Party. The Party affected by the Force Majeure Event must also notify the other Party of the anticipated duration of the Force Majeure Event no later than 30 (thirty) days after the occurrence of the Force Majeure Event. The Party affected by the Force Majeure Event must also notify the other Party of any actions taken to avoid or minimize the effects of the Force Majeure Event after the event and must make reasonable efforts to eliminate the conditions constituting the Force Majeure Event. For the purposes of this Agreement, “Force Majeure”includes conditions/events that occur beyond the control of the Parties, including natural disasters (Act of God), acts of terrorism, voluntary or involuntary compliance with government regulations/laws/government policies, war (whether war is declared or not), labor strikes, civil unrest, epidemics, pandemics, failure or damage to public facilities or public transportation, destruction of production facilities or materials due to fire, earthquake, storm or similar disaster. Payment of invoices that are due and payable here remains an obligation and will not be delayed by the party that has to pay.

18.
Governing Law

The rights and obligations of the parties in accordance with these T&C are governed by and interpreted in accordance with the laws in force in the territory of the Republic of Indonesia. You hereby declare that you submit to the exclusive jurisdiction of the Semarang District Court for any disputes arising out of or in connection with these T&C, and you hereby waive your right to carry out legal proceedings in any other jurisdiction. We reserve the right to institute legal proceedings in relation to any matter arising under these T&Cs in any jurisdiction where you reside, do business or have assets.

19.
Separateness

If there is a provision in these T&C which for any reason becomes invalid, invalid or unenforceable in all respects, then the invalidity, invalidity or unenforceability does not affect the other provisions in these Terms or Conditions. In this regard, these provisions must be interpreted and construed as if these provisions, to the extent unenforceable, had never existed in these T&Cs. orratto has the right to change and/or replace the canceled provisions with other provisions as long as permitted by applicable laws and regulations with 14 working days prior notice.

20.
Contact dan Notification

  1. Any notice from us addressed to you or a user will be announced via the site and sent via electronic mail (email) or instant messaging service to users registered with orratto's or our account.
  2. Any notification from you or a user addressed to us becomes effective when the notification is received by us via the electronic mail address [email].

21.
Others

orratto has the absolute authority to revise, amend, and/or add provisions to these T&Cs with 14 days prior notice prior to any revision to these T&Cs, as a form of requesting your approval through an announcement or electronic link. Your continued use of the Service after receiving notification of the changes may also be deemed your acceptance of the revised T&C.
Last Update: