Hello users and welcome to QODE Terms & Condition (Terms). These Terms we set out offers you access to enjoy and utilize our QODE services in according to our terms and condition which in return to enhance user experience and increase your comfort in using our apps and services (the “QODE Services”). QODE Indonesia (PT. Advindo Premium Material) is an app service company headquartered in Jakarta, Indonesia. When we say “QODE Indonesia”, we’re referring to the whole entity that operates in Jakarta, Indonesia. These Terms are an agreement between you and that entity.
The Terms are important because they:
- Outline your legal rights on QODE services
- Explain the right you give to us when you use QODE services
- Describe the rules you need to follow when using QODE services
- Contain a class action waiver and an agreement to resolve any disputes that may arise by arbitration
Please read these Terms carefully and while you’re doing that we hope that you can “expand yourself” in regards of using our services.
Table Of Contents
1. Introduction
2. Using QODE Service
3. Your Account
4. Personal Information and Contents
5. Payments and Cancellation
6. Ending These Terms
7. Limitations of Liability
8. Miscellaneous
1. Introduction
Thank you for choosing QODE (“QODE”, “we”, “us”, “our”). QODE provides personalized web creating application services that users can modify on the fly using our QODE Services. By signing up or otherwise using any of these QODE Services, including all associated features and functionalities, websites and user interfaces, as well as all content and software applications associated with our QODE Services you are entering into a binding contract with QODE Indonesia and hence agree to this Terms.
By agreeing to this Terms & Condition, you also agree to additional Terms of Service, including the Terms that which will be included in the present or the future during the time of usage of this service. Notwithstanding the inseparability, the additional Terms of Service supersedes the Terms of Service in case of any discrepancies among them.
2. Using Our Service
The QODE Services and all its functionalities are the property of QODE Indonesia. We grant you limited, non-exclusive, revocable permission to make use of the QODE Services, and limited, non-exclusive, revocable permission to make, create, and personalize access to our QODE Services (collectively, “Access”). This Access shall remain in effect until and unless terminated by you or QODE Indonesia.
3. Your Account
To use QODE Services, you must create an account with us which we utilize Google Accounts Authentication API, Login with Facebook and Apple Media Services (collectively, the “Login Methods”). In doing so, you also agree to the Login Methods’ effective terms and condition and have provided accurate and up-to-date information. It is important that you maintain and update your details and any other information that you provide to us.
Your account is your responsibility and can only be used by you and cannot be transferred to other people for any reason. We reserve the right to refuse to facilitate orders if we know or have sufficient reasons to suspect that you have transferred or allowed your account to be used by someone else.
The security and confidentiality of your account, including registered name, e-mail address, registered mobile number, payment details and payment method you choose are fully your personal responsibility. All loses and risks arising from your negligence in maintaining such security and confidentiality are borne by you. In such cases, we assume any use made through your account as your legitimate request of usage of QODE Services.
4. Personal Information And Contents
QODE Services provide you the Access to upload information, text, links, graphics, photos or other materials or arrangements in the format that we permit (collectively, the “Content”). We only facilitate you to upload the Content by utilizing QODE Services which we provide.
Collection, storing, processing, use and sharing of your personal information, such as your name, e-mail address, and mobile phone number you provide are subject to the Privacy Policy, which is an integral part of this Terms, also such information will be included as a Content to QODE Services.
4.1 Content of the Services
You are responsible for your use of QODE Services and for any Content you upload, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others.
Any use or reliance on any Content or materials posted via QODE Services or obtained by you through the QODE Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via QODE Services or endorse any opinions expressed via QODE Services. You understand that by using QODE Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via QODE Services and, we cannot take responsibility for such Content.
We reserve the right to remove Content and/or User that violates compliance of applicable laws, rules, and regulations, including for example, but not limited to, copyright or trademark violations or other intellectual property misappropriation, impersonation, unlawful conduct, or harassment.
4.2 Your Rights and Grant of Rights in the Content
You retain your rights to any Content, post or display on or through QODE Services. What’s yours is yours – you own your Content.
By submitting, posting or displaying Content on or through QODE Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, or distribution methods now known or later developed (for clarity, these rights include, for example, curating, transforming, and translating). This license authorizes us to make your Content available to the rest of the world and to let others do the same. You agree that this license includes the right for QODE Indonesia to provide, promote and improve our services (QODE Services) and to make Content submitted to or through QODE Services available for public. Such additional uses by QODE Indonesia or other party, is made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through QODE Services as the use of the QODE Services by you is hereby agreed as being sufficient compensation for the Content and grant of rights herein.
You represent and warrant that you have, or have obtained, all rights, licenses, consents, permission, power and/or authority necessary to grant the rights granted herein for any Content that you submit, post or display on or through QODE Services. You agree that such Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant QODE Indonesia the license described above.
5. Payments And Cancelation
5.1 Billing
You may purchase a Paid Subscription directly from our app using either Google Play Services payments or Apple ID account payment by paying a subscription fee in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase.
QODE Indonesia may change the price for the Paid Subscription, including recurring subscription fees, the Pre-Paid Period (for the periods not yet paid). From time to time we will communicate any rice changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use QODE Services after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect.
5.2 Renewal; Cancellation
Unless your Paid Subscription has been purchased for a Pre-Paid Period, your payment to QODE Indonesia through QODE Services will automatically renew at the end of the applicable subscription period. Unless you cancel your Paid Subscription before the end of the then-current subscription period which you can manage through payment portal services of your choosing (Google Play Services Payments or Apple ID account payment). The cancellation will take effect in accordance to each payment portal services of your choosing’s terms. We do not provide refunds or credits for any partial subscription periods.
6. Ending These Terms
You may end your legal agreement with QODE Indonesia at any time by deactivating your accounts and discontinuing you use of QODE Services.
We also may suspend or terminate your account or cease providing you with all or part of QODE Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to unlawful conduct, (iv) your account should be removed due to prolonged inactivity; or (v) our provision of QODE Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the Terms shall terminate, including, without limitation, your license to use QODE Services.
7. Limitations Of Liability
By using QODE Services you agree that QODE Indonesia, its parents, affiliates, related companies, officers, directors, employees, agents and representatives, partners and licensors, liability is limited to the maximum extent permissible in your country of residence.
Our application may experience limitations, delays, and other issues contained in the use of, but not limited to, internet and electronic communications, including your, service provider, third-party content provider, offers provider, or user’s device malfunction, not connected to the internet, out of range, turned off or not functioning. We are not responsible for any delay, failure of our services, damage or loss arises from such problems.
We do not have any responsibility to oversee your Access. However, we still supervise to ensure smooth uses of QODE Services and to ascertain compliances with this Terms.
We do not have any responsibility, including to take further actions or legal actions deemed necessary by you, service provider, third-party content provider, offers provider or payment method provider, for any problem or dispute arises. We do not act as a mediator and such action does not cause any further responsibility to us.
8. Miscellaneous
You fully understand and agree that this Terms & Conditions constitutes an electronic agreement and your action of signing-up for an Account or log-in to your active Account is your active consent to enter into an agreement with us that this Terms and Privacy Policy are legally valid and binding and shall continue so as long as you use QODE Services.
YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS, AND THAT BY SELECTING “ACCEPT” BUTTON BELLOW, SIGNING-UP OR LOG-IN OR OTHERWHISE USING OR ACCESSING QODE SERVICES,
YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS SET OUT IN THESE TERMS.
