TERMS AND CONDITIONS OF THE EVOLTZ APPLICATION
Terms and Conditions
The terms and conditions of the Evoltz application (hereinafter referred to as the “Terms and Conditions”) set forth below govern the browsing, use, and utilization of the Evoltz application provided by PT Electric Vehicle Solusi Nusantara and its subsidiaries (hereinafter referred to as the “Company”).
User Guidance
Users are advised to read carefully and understand these Terms and Conditions as they can have legal implications on the rights and obligations of Users in browsing, using, and utilizing the Evoltz application.
Acceptance
By downloading the Evoltz application, the User is considered to have read, understood, agreed to, and is bound by all the contents, terms, conditions, and stipulations listed in these Terms and Conditions. These terms and conditions constitute a valid agreement between the User and the Company. If the User does not agree to any part or all of these Terms and Conditions, the User is not permitted to download the Evoltz application.
Usage Restriction
Access, browsing, and use of this Evoltz application are intended solely for the User's personal use and solely for the User's needs related to interactions concerning data/information on the human capital function and for the benefit of the Company. Users are not allowed to distribute, modify, sell, or transmit anything accessed from the Evoltz application, including but not limited to texts, images, audio, and video for business, commercial, public, or other non-personal purposes.
Intellectual Property
Unauthorized use of the contents of the Evoltz application, the Company’s logo, service marks, and/or trademarks may result in and be considered a violation of intellectual property rights laws, copyright laws, trademark laws, privacy laws, publicity laws, and certain civil and criminal laws. These Terms and Conditions include the intellectual property rights of the Company protected by copyright. Any use of these Terms and Conditions by any party, whether in part or in whole, is not permitted. Violation of the Company's intellectual property rights may be subject to actions or sanctions based on applicable legal provisions.
Updates
Users need to visit this page periodically to know any changes to these Terms and Conditions.
A. DEFINITIONS
In these Terms and Conditions, unless otherwise specified, the capitalized terms below have the following meanings:
- “Application” means the application called Evoltz.
- “Account” means the account created by the Company solely for the benefit of the User and for the purpose of accessing the Application.
- “Confidential Information” means any and all information disclosed, provided, or notified by the Company to the User, in connection with the use of the Application and includes all data, information, records, analyses, compilations, research, interpretations, or other documents prepared by the Company that contain, reflect, or are based, in whole or in part, on Confidential Information provided to the User under these Terms and Conditions.
- “User” means the party using the Application, which is the Evoltz Application User.
- “Terms and Conditions” mean the Terms and Conditions of the Evoltz Application, including any changes, amendments, or additions from time to time, containing rules governing the rights, obligations, responsibilities of the User and the Company, as well as procedures for using the Application.
References to "articles" or "clauses" refer to articles or clauses in these Terms and Conditions, and the headings and subheadings in these Terms and Conditions are for convenience only and do not affect the interpretation or construction of these Terms and Conditions. Words in the singular include the plural and vice versa. Words conveying gender include all genders, and references to persons or parties include individuals, companies, corporations, or partnerships. References to the word "including" or similar words or phrases mean without limitation.
B. ABOUT THE APPLICATION
The Evoltz application is an application that provides services for Users to access and interact with data/information related to the human capital function at the Company.
C. USER OBLIGATIONS AND PROMISES
By accessing the Application, the User hereby consents to the Company to use and/or provide information and/or data for purposes including but not limited to recording, storage, analysis, management, and display of User data, and the delivery of information and/or promotions related to the Account. This consent is given as long as the User has an Account and/or browses or uses the Application, and the User hereby releases the Company from all risks that have arisen or may arise in connection with the use and/or provision of such User data.
Users agree to provide only accurate, current, complete, true, and non-misleading data, information, and details to the Company. Users are obliged to keep their information updated if there are changes to the data, information, and details previously provided using or through the relevant part of the Application.
Users are responsible for all activities occurring under their Account or password. Users are responsible for maintaining the confidentiality of their Account password and limiting access to their Account. The Company has the right to close or deactivate the Account and deny access to the Application for those who violate these terms.
Users are prohibited from selling or transferring their Account in any way.
Users are prohibited from duplicating, manipulating, or committing any illegal, unlawful, and/or unauthorized actions in any form against the Account.
Users agree to ensure that they will log off from their Account at the end of each session and notify the Company if there is any unauthorized use of their Account or password.
The Company will not request the UserID or password from Users for any reason, therefore the Company urges Users not to provide this data or other important data to parties claiming to represent the Company or other parties whose security cannot be guaranteed.
Users understand and agree that they are responsible for maintaining the confidentiality of their User ID and password and agree not to provide them to others. Users hereby state that the Company is not responsible for any loss or problems arising from the Account whether caused by User negligence or otherwise, including but not limited to lending or providing account access to others, accessing links provided by others, giving or showing passwords or emails to others, or any other action resulting in loss or problems with the User's Account.
D. PROHIBITIONS
Users must not misuse the Application. While accessing, browsing, or using the Application, Users are prohibited, including but not limited to, (a) committing or supporting any criminal activity, (b) committing and/or supporting any unlawful act, (c) transmitting, spreading, and/or distributing any virus including but not limited to Trojan horse, worm, logic bomb, (d) transmitting or inserting harmful materials in any form into the Application including harmful technology, (e) violating the rights of any other party including intellectual property rights, (f) pretending to be another person/entity including identity forgery, providing false, untrue or misleading information, or using other people's data without permission, (g) in any way writing or spreading false or untrue, offensive or harassing matters, (h) accessing or disrupting computer systems or networks connected to the Site and/or Application without authorization, (i) damaging data, (j) causing disturbances to other Users, (k) violating public decency, (l) violating the rights of others' modesty, (m) sending advertisements or promotional materials into the Application, and/or (n) attempting to influence the performance or function of the Application, in whole or in part. Any violation of these Terms and Conditions constitutes a criminal offense under applicable Indonesian law, particularly Law No. 11 of 2008 on Information and Electronic Transactions (ITE) including any amendments thereto. If this happens, the Company has the right to take necessary actions, including but not limited to freezing the User's access rights to the Application, reporting such violations to the competent authorities, and taking legal action according to applicable laws and regulations.
E. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
To the extent permitted and possible under applicable laws and regulations, the Company will not be liable and cannot be held accountable, and the User agrees and binds himself to release and not demand the Company to be responsible, for any damages or losses including but not limited to (a) loss of money, reputation, profits, or other intangible losses directly or indirectly caused by defamation of others, (b) direct, indirect, special and/or consequential damages, (c) damages for loss of use, profits, data or other forms, each arising from or related to the use, inability to use, performance or failure of the Application and/or any content, materials, data, descriptions, images or information displayed on the Application or placed or contained in the Application.
The Company will not be liable and cannot be held accountable in any form to the User or any other party for (a) inaccuracies, errors, damages or losses caused either by failure, delay, (b) interruption of service in the Application, (c) content, materials, data, descriptions, images or information displayed on the Application or placed or contained in the Application and/or (d) use of the Application by the User or any other party. In this regard, the User hereby agrees and binds himself that he has released the right and cannot file claims, lawsuits and/or demands in any form to the Company for any losses or damages arising.
F. INDEMNITY
The User will release the Company from indemnity claims and keep the Company (including the Company’s parent company, directors, and employees) harmless from any and all claims or demands, including reasonable legal fees, made by third parties arising out of the User's breach of these Terms and Conditions, improper use of the Application, and/or the User's violation of laws or third-party rights.
The User must and hereby agrees to compensate for all losses suffered by the Company and defend and hold harmless the Company and its directors, officers, employees, consultants, agents, and affiliates from any and all (a) claims, reprimands, demands, and/or lawsuits from any party in any form, (b) liabilities, damages, expenses, and/or costs