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Perjanjian Penggunaan Layanan

Perjanjian
Penggunaan Layanan

Welcome to Elevenia at www.elevenia.co.id. (“Web Site”). Elevenia is an online service operated by Elevenia, which provides users with access to discover and purchase various items from registered sellers through multiple electronic interfaces including Elevenia’s website, mobile applications, web applications or “widgets”, and other applications (the “Service"). This Web Site available to you subject to the following Service Usage Agreement, shall stay effective unless and until terminated by PT. XL Planet (“Elevenia” and/or “we” and/or “us”).

Please read the following Service Usage Agreement carefully before using this Web Site, as use of this Web Site is subject to this Service Usage Agreement and all applicable laws, at the same time constituting your acceptance of this Service Usage Agreement and other Policies enforced by Elevenia. If you do not agree to abide by this Service Usage Agreement, do not use this Web Site or download materials from it.

By registering, accessing or using the Service, you signify that you have read, understood and agreed to be bound by these Service Usage Agreement and/or other Policies imposed by Elevenia regardless of whether or not you are a Registered User of the Service. You are only authorized to use the Service, regardless of whether your access or use has been intended, if you agree to abide by all applicable laws and to this Service Usage Agreement and other Policies enforced by Elevenia. Elevenia reserves the right, at its sole discretion, to change, modify, add, or delete portions of this Service Usage Agreement at any time without further notice. If Elevenia does this, Elevenia will post the changes to this Service Usage Agreement on the Web Site. Your continued use of the Web Site after any such changes have been made, constitutes your acceptance of the revised Service Usage Agreement and other policies enforced by Elevenia.

If you do not comply with this Service Usage Agreement and/or other Policies enforced by Elevenia at any time, Elevenia reserves the right to immediately cancel or terminate your access to the Service (or any part thereof) and/or your user account, if any. In Elevenia's sole discretion and without prior notice or liability, Elevenia may discontinue, modify or alter any aspect of the Service including, but not limited to: (i) restricting the time the Service is available; (ii) restricting the amount of use permitted; and (iii) restricting or terminating any user's right to use the Service. You agree that any termination or cancellation of your access to, or use of, the Service may be effected without prior notice. If you do not abide by the terms of this Service Usage Agreement and/or any other policies determined by Elevenia, you agree that we may immediately deactivate or delete your user account, if any, and all related information and/or files in your user account and/or bar any further access to such information and/or files and/or the Service or part thereof. Further, you agree that Elevenia shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, the Service. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of or to the Service, or any policies or practices by Elevenia in providing the Service, including without limitation any change in content, is to cease using the Service and cancel or terminate your subscription or Registered User account, as applicable.

  1. 1.Content

    The Web Site and the contents thereof, including, but not limited to, all text, illustrations, files, images, software, data, logos, button icons, graphics, legends, photos, recipes, technology, music, audio or video clips, and interactive features (collectively, the "Web Site Content") and all intellectual property rights to the same, are owned by Elevenia, our licensors, or both. Additionally, all trademarks, service marks, and trade names that may appear on our Web Site are owned by Elevenia, our licensors, or both. Except for the limited use rights granted to you in these Service Usage Agreement, you shall not acquire any right, title or interest in our Web Site or any Web Site Content. Any rights not expressly granted in this Service Usage Agreement are expressly reserved.

  2. 2.Colours

    You acknowledge that actual colours of products appearing on the Web Site depend on your computer monitor. Elevenia has put in its best effort in ensuring the colours in photographs on the Web Site to appear as accurately as possible but cannot guarantee that the appearance of colours on the Web Site will be accurate.

  3. 3.Web Site Use

    The Web Site Content is provided for your information and personal, non-commercial use only. When using the Web Site, you agree to comply with all applicable laws including, without limitation, the  copyright law. You may access and view the Web Site Content on your computer or other devices and, unless otherwise indicated in this Service Usage Agreement or on other policies determined by Elevenia, or on the Web Site, make single copies or print the content on the Web Site for your personal, internal use only. Your use of the Web Site does not grant you the ownership of any of the Web Site Content you may access through the Web Site. Elevenia and its Content or any portion thereof, may not be distributed, published, reproduced, duplicated, copied, transmitted, disassembled, sold, or otherwise exploited for any commercial purpose unless expressly permitted under this Service Usage Agreement or if any  prior written permission has been  provided by Elevenia.
    Access to Web Site by using mobile device may be subject to additional charges depending on your mobile carrier, provider, and/or subscription plan. These additional charges are borne completely by you and Elevenia is not to be responsible for such charges.

  4. 4.Links to Third Party Sites

    The Web Site may provide links to third party web sites that are not under the control of Elevenia, for your convenience or reference. You acknowledge and agree that Elevenia has no responsibility for the information, content, products or other material provided by these third party web sites and does not endorse, adopt or make any guarantee as to the accuracy, legality, decency or completeness of any such web sites. Any reliance on the content of a third party website is done at your own risk and you assume all responsibilities resulting from such reliance.

  5. 5.Copyrights

    All Contents of the Web Site is owned by Elevenia, our licensors, or both. Use of our Web Site does not confer by implication, or otherwise, any ownership right or licenses to our Web Site as a whole or to any individual elements of our Web Site. Access to our Web Site does not authorize anyone to use any name, logo, slogan or mark in any manner. All software used on our Web Site is the property of Elevenia or its software suppliers or is used under license from the owner.

  6. 6.Member

    Types of Members can be divided into the following category :

    Types of Members can be divided into the following category :
    Category Type Definition
    Buyer Member Regular Buyer Member A member who registers to do buying activity
      Non-Member A non-registered user, only able to do buying activities with a maximum purchase amount of IDR 1,000,000,- (one million indonesian rupiahs), limited product and service usage.
     Seller Member Individual Seller Member A member who registers to do selling and also buying activities This type of member must provide several documents ie. Identity Card , Tax Number, etc., upon registration.
      Business Seller Member A company that register t o do selling and also buying activities. This type of member must provide several documents ie. Business License, Tax Number, etc., upon registration.
    1. Buyer Member
      The Service is open to the public but certain portions, components, content and features of the Service are only available to individuals who register in the Web Site and create a user account on the Service. “Buyer Member” is they who provide “Private Information” to Elevenia through Membership Registration process as an Individual, who provide Information continuously to Elevenia, and who are given the authority to buy based on their activities. If you are a Buyer Member then you agree to the following:

      1. in consideration of your use of the Service, you represent that you are of the age of majority in the jurisdiction in which you reside, or 15 (fifteen) and above years, and are not a person barred from receiving services under the laws of the Republic of Indonesia or other applicable jurisdiction. Elevenia prohibits any person under age of 17 (seventeen) from accessing harmful media materials. To avoid any damages to minors from distribution of illegal and harmful media materials, Elevenia applies a separate adult verification mechanism to such materials in order to prevent exposure to indecent and harmful materials to minors. Elevenia accepts reports of indecent and harmful materials in the Web Site via customersupport@elevenia.co.id The reported party who registers such indecent and harmful materials will receive warnings or other actions from Elevenia upon confirmation.
        You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by any registration form(s) on the Service, including your geographical location and billing address (the "Registration Data"); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, Elevenia has the right to suspend or terminate your account and refuse any and  all current or future use of the Service, or any portion thereof;
      2. Members will each receive a password and account designation upon completing the Service registration process. You are responsible for maintaining the confidentiality of the password and the account, and shall be fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify Elevenia of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account (“Log-out”) at the end of each session.
        Any personal information you provide in the registration form will be collected in accordance with, and for the express purposes set out in this Service Usage Agreement and/or other policies determined by Elevenia.

      Elevenia allows non-Members to make purchases on the Web Site. Non-Members are allowed to make purchases and use the delivery service offered by Elevenia. However, non-Members cannot receive discounts and other services offered exclusively for Web Site Members only.

      In order to be a Business Seller Member, users must register for a new account specifically for the referred category.

    2. B. Seller Member
      Seller Member must be at a minimum of 17 (seventeen) years of age upon the day of registration on the Web Site.

      If a user wishes to register as a Seller Member, the said user must provide all required documentation and information, and by a specific method within the deadline set by Elevenia in the Policies. If they fail to complete the requirements, they may be restricted from using the Web Site’s Log-in, registration of products or services or other services provided by Elevenia.

      Transaction Fee is fee paid to Elevenia by the Seller for usage of services. Elevenia shall deduct this fee before settling payments to the Seller.

      Sales of products or services is possible as soon as the Seller registration is completed and in order to do so, the Seller should register and manage directly all information with regards to the products and/or services offered. Product prices are decided by the Seller themselves, taking into account Standard Margin Rate, Delivery Fee, Transaction Fee, etc.
      Seller Member is provided with ‘Download Manual’ feature through Seller Office, which provides easy explanations and guidelines starting from product registration, sales up to payment calculation.
      Seller Member should manage all varying factors such as total stock adequately and Seller is not allowed to provide false, fabricated, and/or inaccurate data. Seller Member must follow and in accordance with all the applicable legal requirements and regulations relevant to the sales of products and/or services offered within the Web Site.
      Seller Member is not allowed to make use of the Web Site’s Name and/or its Logo without prior written authorization from Elevenia. Seller Member shall not conduct or induce direct sales of their products to the Buyer; if in any case this rule is violated, the respective Seller Member shall be banned from using the service and Seller’s membership may be terminated. 
      Seller Member should provide adequate guarantee services for the products sold in Elevenia, with their own responsibility and cost.
      Seller Member should respond to tax invoice and or other invoice issuing requests from Buyer.
      Seller Member should respond to the queries of Buyer honestly and accurately. Any losses arising from dishonest, inaccurate responses made by Seller will completely Seller Membeller’s responsibilities.
      Seller Member must register their products for sale after completing and fulfilling all requirements where relevant licenses are required.
      Seller Member shall not be able to retain registration of products which had not been sold for a certain period of time as determined by Elevenia’s Policies, if in any case this rule is violated, Elevenia may delete the product or suspend its sales without separate notice in order to improve search effectiveness as well as convenience of Buyer.
      Elevenia may, send out warnings, deduct Seller Scores, suspend IDs and or conduct other measures should there be situations where delivery completion duration exceeds a certain period of time or should the cancellation rate be above a certain standard as estabished by Elevenia, in order to enhance the service quality. For such cases, Elevenia will set appropriate Policies about relevant details, adhering to reasonable standards.
      Seller Member shall not infringe any Trademark Right, Copyright, Namensrecht (naming rights), and other various intellectual property rights of Third Party, and should it be necessary to obtain approval from any necessary third person, such approval must be obtained prior to usage.
      Should there be any claim of infringement of intellectual property rights made by any Third Party on various information registered and used by Seller Member, Elevenia may suspend the corresponding product’s information and its sales until appropriate evidence is provided to prove the invalidity of such claim.
      In order to boost sales, information regarding goods and services registered by Seller Member may be exposed to Elevenia’s affiliated third parties, and their websites, as well as blogs belonging to other members; although this exposure of information by another member on their blog could only be done after agreeing to Policies set by Elevenia, through the methodologies which have been permitted.
      If in any case,Seller Member has received claims from Third Party regarding information they have registered and used within Elevenia whether it be related or unrelated to legal action, they shall exempt Elevenia and the Web Site from involvement. Otherwise, all losses and costs to Elevenia and the Web Site must be compensated by Seller Member.

  7. 7. Privacy Policy

    Elevenia respects your right to privacy. This section explains how we handle information about you when you visit and use the Web Site. Elevenia provides informational, promotional, and marketing purposes. You do not have to provide any personal information in order to enter the Web Site and browse. However, you may wish to volunteer information to participate in certain interactive features of the Web Site. The extent to and the type of information we receive depends on what you do while you are visiting the Web Site. Elevenia collects no personal information about you when you visit our Web Site unless you specifically and knowingly choose to provide such information to us.

    1. Communication and Marketing

      If you have registered to the Web Site, we may occasionally update you on our latest products, news, notifications, and special offers via e-mail, post, telephone, and Short Message Service (SMS) on your mobile and/or other communication tools. You will also be given the opportunity to receive such communications from Elevenia. All Elevenia members have the option to opt-out of receiving marketing communication from Elevenia. If you do not wish to continue to receive marketing from Elevenia, you should opt-out by following the unsubscribe instructions as provided by Elevenia.

    2. Service-Related Announcements

      Elevenia will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if the Service is temporarily suspended for maintenance, we might send you an email and/or SMS. Generally, you can opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.

    3. Automatic Storage of Information

      Elevenia automatically records Web Site use information for statistical analyses to track operational problems, to prevent fraud and to improve effectiveness, security, and integrity of the Web Site. This information does not identify you personally and we do not use it to track information about individuals. We will disclose this information to third party only in aggregate form or as may be required by law. For each page you visit, we collect and store only the required technical information in what is called a “web server log file”, including but not limited to : Date and time of access, URL address of webpage visited, internet domain and IP address from which Elevenia was accessed, Type of browser and operating system used to access Elevenia (if provided by the browser), URL address of the referring page (if provided by the browser), completion or success status of the request for a webpage or other online item, file size of the webpage visited.

    4. Cookies

      Web Site may send small pieces of text called "cookies" along with some of the web pages that you visit. Cookies are typically used on transactional pages as place-holders to retain context and content during individual user sessions, making it easier for you to use the dynamic features of these web pages without having to provide the same information repeatedly as you move from one page to another during your visit.
      There are three types of cookies. A session cookie is a line of text that is stored temporarily in your computer's random access memory (RAM) and is only available for the duration of an active browsing session. A session cookie is not placed on any hard drive, and it is destroyed as soon as you close your browser. A persistent cookie from a website is saved to a file on your hard drive and is accessed whenever you re-visit the website that put it there. This lets that website remember what you were interested in the last time you visited. A third-party cookie is a persistent cookie that is set by or sent to a website different than the one you're currently viewing. Elevenia may use all three types of cookies depending upon the areas of our websites you visit. You may set your internet browser to reject or delete cookies. If you reject cookies, you may still use our Web Site, but your ability to use some areas of our Web Site, such as contests or surveys, will be limited.

    5. Storage and usage of voluntarily provided information

      If you voluntarily provide us with personal information, you are indicating voluntary consent for us to use the information you are submitting. Elevenia make every effort to disclose clearly how information is used at the point where it is collected so that the Web Sites users can determine for themselves whether they wish to provide the information.

    6. Orders

      If you purchase a product or service from us, or sell a product or service on the Web Site, we will request certain personally identifiable information from you on our order form. You must provide contact information (such as name, email, telephone or mobile phone number, and address) and financial information (such as account number, credit card number, expiration number), whichever necessary and/or as requested by Elevenia.

    7. Surveys and Contests

      We may occasionally provide you the opportunity to participate in contests or surveys on the Web Site. If you participate, we will request certain personally identifiable information from you. Participation in these surveys or contests is completely voluntary and you therefore have a choice whether or not to disclose this information. The requested information typically includes contact information, such as name and shipping address, and demographic information, including but not limited to complete address and, zip code.
      We use this information to notify contest winners and award prizes, to monitor site traffic or personalize the site, or to send participants electronic communications. We also may store this information for use at a later date.
      We may use a third-party service provider to conduct these surveys or contests; such third-party service provider will be prohibited from using the Web Site users' personally identifiable information for any other purpose.

    8. Third-Party Advertisers

      The advertisements on the Web Site are delivered by our advertising partners. We may share Web Site usage information about users with a reputable third party for the purpose of targeting our Internet banner advertisement on the Web Site. Such third-parties may use cookies and clear GIFs on the Web Site, which allow it to recognize a user’s cookie when user visits the Web Site. The information that any third party collects and shares through this technology is not controlled by Elevenia.

    9. Links to Other Sites

      The Web Site contains links to other sites that are not owned or controlled by Elevenia. Please be aware that we are not responsible for the privacy practices of such other sites. Elevenia encourages you to be aware when you leave the Web Site and to read the privacy statements of each and every website that collects personally identifiable information. This statement applies only to information collected by Elevenia on the Web Site.

  8. 8.Information on Collection and Use of Personal Information by Elevenia

    Only certain parts of Elevenia’s Personal Information Handling Policy are expressly provided to users for their easy understanding of collection and use of personal information. Other than the matters applicable only to a member, i.e. a person who signed up to be a member of the Web Site, Elevenia Personal Information Handling Policy applies equally to a non-member, i.e. a person who did not sign up to be a member of the Web Site, using the Service.
    “Personal Information” means an information concerning a living person by which the relevant person may be identified on the basis of his/her name, resident registration number, etc. contained in the information, including the information, if used alone, could not be used to distinguish one individual from the others, but which information could be easily combined with other information to distinguish one individual from the others.
    The Purposes of collection and use of personal information of Web Site users are as follows:

    The Purposes of collection and use of personal information of Web Site users are as follows:
    Classification Purpose of Use
    Management of Members
    1. Identification of self or personal identification for the use of membership service;
    2. Prevention of illegal use and unapproved use by a user whose credit is rated as inadequate;
    3. Confirmation of an intention of subscription and restriction on subscriptions and repetitive subscriptions;
    4. Identification of Minor;
    5. Record keeping for counseling, complaint handling procedure and settlement of dispute for users;
    6. Notification.
    Performance of an agreement concerning provision of service and payment of fees due to provision of service
    1. Provision of service for transaction among members;
    2. Provision of contents, notice of result of event/winning of giveaway and delivery of goods;
    3. Certification of self relating to financial transaction and financial service;
    4. Sending of invoice, purchase and payment, collection of payment.
    Use for Marketing and advertisement
    1. Provision of optimum service for users;
    2. Development and specialization of new service (product);
    3. Provision of service and advertisement according to the characteristic of demography;
    4. Observation of number of accesses to website page;
    5. Statistics of use of service;
    6. Sending of periodicals and notification of new product or service;
    7. Planning of web service and event corresponding to the user’s area of interest;
    8. Forwarding of congratulation message for user’s anniversary;
    9. Notice of advertising information such as giveaway or event, or operation of member participating space;
    10. Users survey;
    11. Notification of service and product.

    Elevenia collects only the information required for provision of the basic service. It obtains consent from users when collecting information for provision of service suitable for each user’s own taste and need. Even when any user fails to provide the  optional information, there is no restriction on his/her use of service.
    Elevenia does not collect any sensitive personal information which threatens to infringe the basic human right of users, i.e. race, nation, thought, creed, political tendency, criminal record, health condition, sexual life, etc. In no event, it uses or discloses to a third party the information input by users for the purpose other than clarified in advance to users.
    Elevenia collects and uses personal information as follows :

    Elevenia collects and uses personal information as follows :
    Classification Items to be collected Purpose of Use
    All Members Name, resident registration number (or alien registration number),  password, date of birth Identification of self, settlement of civil petitions resulting from use of service, provision of age limit service, etc.
      E-mail, mobile phone information, address, telephone number Smooth transaction among members, confirmation of a member’s intention, handling of complaints, notification of new information and matters to be informed, confirmation of address and phone number for delivery of goods and giveaway, etc.
      Information on bank account and credit card Provision of payment settlement service, etc.
      Record on use of service, record on invoice of fee and payment, record on suspension of use, record on termination of use, IP address, access log, cookie Prohibition of illegal use by a member whose credit is rated as inadequate, keeping of record on electronic financial transaction, information created in connection with use of service, etc.
    Corporate Members Name of representative, business enterprise registration number, phone number of business enterprise Provision of service for corporate members, etc.

    Personal information of Web Site users shall be maintained and used for the period during which the services are provided to such users. Upon withdrawal from the membership, the relevant personal information shall be destroyed to prevent the information from being inspected or used; provided, however, that in the event any personal information is required to be preserved under the applicable laws and regulations, it shall be preserved pursuant to such laws and regulations.
    In the event any personal information is required to be possessed for a certain period for confirmation of the relationship of rights or obligations related to transactions according to the applicable laws and regulations within the Republic of Indonesia, or other relevant jurisdiction, the personal information shall be possessed for a certain period. The inspection and use of such personal information shall be limited to the relevant reason and the purpose and period of possession and items to be possessed shall be specified in advance.
    When the period of possession with respect to which prior notice was given to the user has not lapsed yet or when the user consents to the possession, the promised period of possession:

    • Record on execution of the agreement or withdrawal of subscription, etc : 5 (five) years
    • Record on payment and supply of goods, etc. : 5 (five) years
    • Record on consumer complaints or dispute resolution : 3 (three) years

    In the event any user requests to inspect the information of transactions possessed by Elevenia with consent from the user, Elevenia shall immediately cause him/her to inspect or confirm it.
    When a user withdraws from the membership, Elevenia shall keep in custody the name, identification registration number (or foreigner registration number), password, e-mail or information necessary for identification for 1 (one) month from the withdrawal for the purpose of prohibiting the user from receiving illegally or expediently any economic profit such as discount vouchers, event benefits, etc. through repetitive subscriptions and withdrawals or from using illegally the other’s name.

  9. 9.DISCLAIMER OF WARRANTIES

    ELEVENIA, THE WEB SITE CONTENT AND ALL INFORMATION ON IT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND YOU AGREE TO USE THIS WEB SITE AND ITS CONTENT AT YOUR SOLE RISK. ELEVENIA NEITHER MAKES NOR HAS MADE ANY REPRESENTATION, WARRANTY, OR GUARANTEE OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, ORAL OR WRITTEN, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION, WARRANTY, OR GUARANTEE OF MERCHANTABILITY, OF FITNESS FOR AN ORDINARY, GENERAL OR PARTICULAR PURPOSE, OF NON-INFRINGEMENT, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OR OF LACK OF VIRUSES, WITH RESPECT TO THE WEB SITE AND WEB SITE CONTENT, OR ANY OTHER MATTER WHATSOEVER RELATING TO THIS WEB SITE.

  10. 10.LIMITATION OF LIABILITY

    NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, UNDER NO CIRCUMSTANCES SHALL ELEVENIA, ITS LICENSORS, ANY OFFICERS, DIRECTORS, EMPLOYEES, SUBCONTRACTORS, SUPPLIERS, AGENTS HAVE ANY LIABILITY OF ANY KIND TO ANY CUSTOMER OR ANY OTHER PERSON FOR: (A) INDEMNITY; (B) ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT LOSSES OR DAMAGES, EVEN IF ELEVENIA, ITS LICENSORS, ANY OFFICERS, DIRECTORS, EMPLOYEES, SUBCONTRACTORS, SUPPLIERS, AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE; OR (C) ANY OTHER LOSSES, DAMAGES OR INJURIES OF ANY KIND, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, INJURY TO ANY PERSON OR ANY PROPERTY; RESULTING FROM OR ARISING OUT OF (1) ANY ACT OR OMISSION OF ANY KIND HEREUNDER BY CUSTOMER OR ANY OTHER PERSON, INCLUDING, WITHOUT LIMITATION, ANY SUCH ACT OR OMISSION THAT VIOLATES ANY APPLICABLE LAW; (2) ANY ACCESS TO USE BY CUSTOMER OR ANY OTHER PERSON OF WEB SITE AND THE WEB SITE CONTENT; (3) ANY PERFORMANCE OR NONPERFORMANCE BY ELEVENIA OF ANY OF ITS DUTIES HEREUNDER AND (4) ANY UNAUTHORIZED USE OF THE WEB SITE AND THE WEB SITE CONTENT BY ANY PERSON OTHER THAN CUSTOMER OR ITS WEB SITE USERS. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, UNDER NO CIRCUMSTANCES SHALL ELEVENIA AGGREGATE LIABILITY TO MEMBER AND ANY OTHER PERSON FOR LOSSES OR DAMAGES OF ANY KIND ARISING OUT OF OR PURSUANT TO THIS AGREEMENT EXCEED THE AGGREGATE OF ALL FEES PAID, IF ANY, BY CUSTOMER TO ELEVENIA FOR YOUR USE OF THE WEBSITE. ELEVENIA DOES NOT WARRANT OR REPRESENT THAT ANY MATERIAL ON THIS WEB SITE IS ACCURATE, COMPLETE, CURRENT, RELIABLE, OR ERROR FREE. ELEVENIA LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS, (C) THE UNAVAILABILITY OF THIS WEB SITE OR ANY PORTION THEREOF, (D) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEBSITE OR (E) YOUR USE OF THIS WEBSITE.

  11. 11.Indemnification

    You agree to defend, identify and hold harmless Elevenia, our affiliates, licensors, any officers, directors, employees, subcontractors, suppliers, agents from and against any and all claims, liabilities, damages, costs and expenses, including attorney’s fees, arising in any way from your use of the Elevenia Web Site and the Web Site Content, or your breach or violation of the law or of this Agreement and other Policies determined by Elevenia.

  12. 12.Termination

    Elevenia reserves the right, without notice and in its sole discretion at any time, to terminate, change, suspend or discontinue any aspect of the Web Site or Web Site Content. Elevenia may restrict, suspend, or terminate your access to the Web Site if we believe you are in breach of this Agreement or other Policies determined by Elevenia or other applicable law.

  13. 13.Applicable Law

    This Agreement shall be governed by and construed in accordance with the laws of Republic of Indonesia, without regards to its conflict of law rules. You agree that any action at law or dispute that may arise out of, relate to, or be in any way connected with the Web Site or this Agreement shall be brought exclusively in the jurisdiction of the courts of Republic of Indonesia.

  14. 14.Miscellaneous

    Elevenia may amend and/or add onto this Agreement at any time by posting the amended/added terms on the Web Site. Except as stated elsewhere, all amended terms shall automatically be effective in 14 (fourteen) calendar days after they are initially posted.
    This Agreement is made in 2 (two) versions, English and Bahasa Indonesia. If there are any discrepancies or differences in interpretation, the Bahasa Indonesia version will prevail.