TNeX Term of Use

Last updated: August 20th 2024

 

1. Introduction.

Welcome to the tnex.telin.net (“TNeX”) website. The TNeX website and its subdomains (the “Site”) are owned and operated by Telekomunikasi Indonesia International (Hongkong) Limited (“Telin,” “we,” “our,” or “us”). References to “user”, “you”, or “your” are references to the users of the Site. 

Please read these terms carefully. By accessing or viewing the Site or participating in or using any service offered on the Site (collectively, the “Services”), you agree to these Terms of Use (“Terms of Use” or “Terms”). These Terms form a binding and enforceable contract between you and Telin. 

If you are using the Services on behalf of a company, partnership, association, government or other organization (Your 'Organization'), you warrant that you are authorized to do so and that you are authorized to bind Your Organization to these Terms. In such circumstances, “user”, “you”, or “your” will include Your Organization.

From time to time, Telin may decide to modify, add, or delete portions of these Terms and will post those changes here. The amended Terms will automatically be effective when posted on the Site; provided, however, that if there are any significant, material changes to the Terms, we will publish a notice on the Site and notify you through a pop-up notice within the Site, and may request for your consent (as necessary). Your continued use of the Site or the Services after any such changes made means that you agree to such changes. While we commit to use commercially reasonable efforts to notify you on any amendment, we encourage you to periodically check and review the most up-to-date version of these Terms, as posted on this Site.

2. Privacy Policy

Please view our Privacy Policy, which explains our practices relating to the collection and use of personal information through or in connection with the Site or the Services. Our use of your information is always governed by our Privacy Policy, which is incorporated into these Terms. 

3. Proprietary Rights.

You acknowledge that this Site contains content that is protected by copyrights, trademarks, service marks, trade dress, patents, moral right, or other proprietary rights (“Content”), and that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that unless otherwise provided in these Terms or otherwise indicated on the Site, Telin or its licensors own all Content on this Site including, without limitation, all videos, text, graphics, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, artwork, computer code, design, structure, selection, coordination, “look and feel” and arrangement of such Content. Your use of this Site shall not grant you any claim of ownership over any Content, and you agree to comply with all applicable intellectual property laws. You may not modify, participate in the sale of or transfer or, or create derivative works based on any Content, in whole or in part. You may print copies of the Content, provided that these copies are made only for personal, non-commercial use, and provide that you maintain any notices contained in the Content, or maintained by the licensor or author, such as all copyright notices, trademark legends, attributions, by-lines, or other proprietary rights notices. You may not store electronically any significant portion of any Content from this Site. The use of Content from this Site on any other site, including by linking or framing, or in any networked computer environment, for any purpose, is prohibited without Telin’s prior written approval. 

For permission to use Content from this Site or from marketing material authored and distributed by Telin, you must request written permission in advance and provide full attribution. Permission should be requested by contacting marketing@telin.net.

4. Digital Content

Telin may make digital content (“Digital Content”) available to you on this website.

Your use of Digital Content on this website is subject to the following conditions:

       Your use of Digital Content is for personal, non-commercial use;

       You may not transmit, sell, rent, lease, display, perform, distribute, broadcast, sublicense, assign or otherwise make available any rights to Digital Content or any portions thereof to any third party;

       You may not remove any proprietary notices or labels on or in the Digital Content;

       You may not bypass, modify, defeat or circumvent the Digital Rights Management (defined below) used to deliver or protect the Digital Content; and

       You may not use any Digital Content in an unlawful or infringing manner.

5. Digital Rights Management (“DRM”)

You acknowledge that we may establish general practices and limits concerning use of the Site and the Services, including without limitation providing DRM by employing appropriate measures and procedures for the reception, handling, management, storage, and distribution of Digital Content.

You acknowledge that we may use a secure encryption system for the delivery of Digital Content to our customers. 

You further acknowledge that we reserve the right to modify these general practices and limits from time to time.

6. Use of Account; Risk of Loss 

Telin reserves the right to refuse service, cancel product or service orders, terminate accounts, or remove or edit content, in its sole discretion. If you use a TNeX account, you agree, represent and warrant that you will provide us with true, current, complete and accurate information in connection with your use of the Site. You also represent that you are using your account for a lawful purpose – you may not use your account or the Site or Services for the purpose of committing or furthering fraudulent acts or for committing any acts that would give rise to both or either civil and criminal liability. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your registration, account, and/or password. You also agree to notify us immediately of any unauthorized access to or use of your account. 

You are not permitted to upload material onto the Site that you should know or do know infringes on the intellectual property rights of others, and you may not upload material that places unnecessary load so as to affect the performance of the Site, or Telin’s systems and equipment. You may not use the Site or the Services in a manner that could block access to, impair, damage or otherwise disable Telin or any of our servers. You may not attempt to gain unauthorized access to the Site or to any other user’s accounts, computer systems, or networks through password mining, keystroke logging, hacking, or any other means. You will not upload any files that contain viruses, trojan horses, malware, spyware, worms, corrupted files, or any other material or software that may damage the operation of another computer. Any and all materials uploaded are subject to applicable federal, state, and international laws. 

Products and services sold by Telin must be purchased with a credit card or other permitted payment method, and will be processed by an authorized third-party payment processing services provider. By using a credit card or other permitted payment method, you represent that you are the owner or an authorized user on that account.

7. Eligible users

Our Services are not for minors. Minors must not use the Services for any purpose. By minors, we mean users under the age of 21; or in the case of users located in a country where the minimum age for entering into a contract differs, the minimum age specified under the applicable laws and regulations. 

If you are using the Services on behalf of an Organization, you represent and warrant that your Organization has the capacity to bind itself into an agreement with us.

You must not use the Services if you are prohibited to do so under the applicable laws and regulations.

8. Security

Violating the security of the Site or the Services is prohibited and may result in criminal and civil liability. We may investigate incidents involving such violations and may involve, and will cooperate with, law enforcement if a criminal violation is suspected. Examples of security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Site or the Services or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail header, or any part of a message header, except for the authorized use of aliases or anonymous remailers, and using manual or electronic means to avoid any use limitations.

9. Submitted Materials.

Unless specifically requested, Telin does not wish to receive any confidential, proprietary, or trade secret information from you via the Site (including via contact email made available on the website). Accordingly, if you send Telin any information or creative works including, without limitation, idea submissions, suggestions, business plans, concepts or demos in any media including photographs, graphics, audiovisual media or other material (“Submitted Material”), you grant Telin a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, and sub-licensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, create collective works from, and distribute, perform, display, license and sublicense (through multiple levels) the Submitted Material in any media now known or hereinafter invented, including for commercial purposes. In addition to the rights applicable to any Submitted Material, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other content, in connection with such review, comment or other content. If you send Telin any Submitted Material, you also warrant that the Submitted Material is not confidential or secret and that the Submitted Material is owned entirely by you. If you send Telin any Submitted Material, you warrant that you have all rights necessary (including rights of privacy and rights of publicity) to authorize Telin to use Submitted Material as permitted by the license in this section. You shall not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submitted Material, including reviews, comments or other content. We may, but shall not be obligated to, remove or edit any Submitted Material (including comments or reviews) for any reason.

10. Third Party Websites.

The Site may contain links to third party websites that take you outside of the tnex.telin.net website and the Services (“Linked Sites”). We do not control, endorse, sponsor, recommend or otherwise accept responsibility for the content of such Linked Sites, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy, currency, or completeness of such content) on any Linked Sites. When you follow a link to another website, that website will be governed by different terms of use and a different privacy policy. You should be sure that you read and agree to those policies.

11. Indemnification.

You agree to defend, indemnify, and hold harmless Telin, its officers, directors, employees, affiliates and agents from and against any claims, losses, damages, fines, penalties or other liabilities in any way associated with: (i) your use of and access to the Site or Services; (ii) your violation of any of these Terms; and (iii) your violation of any third party right including any copyright, trademark, trade secret, or privacy right related to your user’s content (as applicable) or use of the Site.

12. Disclaimers.

TELIN MAKES NO REPRESENTATION AS TO THE COMPLETENESS, ACCURACY OR CURRENCY OF ANY INFORMATION ON THIS WEBSITE. THE CONTENT AND INFORMATION FOUND ON THIS WEBSITE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR THE PRODUCTS, INFORMATION OR SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THIS WEBSITE AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY OR NON-INFRINGEMENT. TELIN DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

13. Limitation of Liabilities.

TO THE FULLEST EXTENT PERMITTED BY LAW: IN NO EVENT WILL TELIN (OR ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE USE OR INABILITY TO USE THE WEBSITE, SERVICES, OR CONTENT INCLUDING ANY LOSS OF REVENUE, PROFITS, OR DATA OR BUSINESS INTERRUPTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND EVEN IF TELIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL TELIN’S AGGREGATE LIABILITY (OR THE AGGREGATE LIABILITY OF ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE WEBSITE, OR THE SERVICES (WHETHER IN CONTRACT, TORT NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED $100. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST BEGIN WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

14. Release.

If you have a dispute with one or more users of the Site or the Services, you release Telin (and its officers, directors, affiliates, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

15. Claims of Infringement.

Telin respects the intellectual property of others and requires that you do the same. In accordance with the applicable intellectual property laws and regulations, Telin will respond expeditiously to notices of alleged copyright infringement that are duly reported to its designated copyright agent identified in the notice below. Telin will disable and/or remove access to the website for users who are repeat infringers. If you believe that your content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Telin’s copyright agent the following information:

Notice of Alleged Infringement (“Notice”)

       Identify the copyrighted work that you claim has been infringed, or if multiple works are covered by this Notice you may provide a representative list of the copyrighted works that you claim have been infringed.

       Identify the material or link you claim is infringing and provide a description of where the infringing work is located on the website.

       Provide your mailing address, telephone number and, if available, email address.

       Include both of the following statements in the body of the Notice:

o   “I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use).”

o   “I hereby state that the information in this Notice is true and accurate and, that I am the owner or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

       Provide your full legal name and your electronic or physical signature.

       Deliver this Notice, with all items completed, to Telin’s designated copyright team :

Telekomunikasi Indonesia International (Hongkong) Limited

Suite 905, 9/F, Ocean Centre,

5 Canton Road, Tsim Sha Tsui,

Kowloon, Hong Kong

E-mail: tnexprivacy@telin.net cc legal@telin.net

Telin will use its reasonable effort to assist you in your claim but shall be released from any cost in relation to the legal proceedings instituted by you in relation to your claim of infringement by any third-party on TNeX.

While Telin considers all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content or activity is infringing. Accordingly, if you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use) you may wish to seek the advice of an attorney.

16. Termination.

Telin reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms of Use and your access to all or any part of the Site or the Content or Services, at any time and for any reason without prior notice or liability. You may terminate these Terms of Use by discontinuing your use of the Services and access to the Site. Telin also reserves the right, in its sole discretion, to cease providing the Services and this Site at any time.

17. Severability.

If any provision of these Terms is held in whole or in part to be invalid, void, or unenforceable in any jurisdiction for any reason, the remainder of that provision and of the entire Terms of Use will be severable and remain in full force and effect. 

18. Governing Law; Jurisdiction.

These Terms of Use will be governed by the laws of the Hong Kong. Any and all disputes, controversies, and conflicts arising out of or in connection with these Terms or the implementation of these Terms shall be, so far as is possible, settled amicably. Failing such an amicable settlement, any such dispute, controversy, or conflict shall be referred and finally resolved by the Hong Kong International Arbitration Center (“HKIAC”) in accordance with HKIAC Rules at the time being in force. You hereby accept the personal jurisdiction of such arbitration. The arbitration shall be conducted by Arbitral Tribunal, which shall consist of a single arbitrator appointed under HKIAC Rules. The formal arbitration language shall be English and the seat and venue of the arbitration shall be in Hong Kong. You may not assign any rights granted to you or delegate any of your duties hereunder and any attempt to do so is void and of no effect. 

Each Telin and you hereby renounces any right it may otherwise have to appeal or seek relief from the award or any decision of the arbitrators contained therein, no matter whether based on breach of agreement, unlawful act / tort, or any other concept of law, and agrees that Telin and you shall not appeal to any court from the award or decision of the arbitrators contained therein. The decision of the arbitrator shall be final, binding and incontestable and may be used as a basis for judgment thereon in Hong Kong or elsewhere.

19. Miscellaneous

Telin may assign its rights and delegate its duties under these Terms of Use in their entirety in connection with a merger, reorganization, or sale of all, or substantially all, of its assets relating to these Terms of Use. Nothing in this Agreement constitutes a partnership or joint venture between you and Telin. Telin does not guarantee continuous, uninterrupted or secure access to this Site or the Services, and operation of the Site may be interfered with by numerous factors outside of its control. Telin’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. 

These Terms of Use set forth the entire understanding and agreement between you and Telin with respect to the subject matter hereof. Sections 3 (Proprietary Rights); 8 (Submitted Materials); 10 (Indemnification); 11 (Disclaimers); 12 (Limitation of Liabilities); 13 (Release); 16 (Severability); and 17 (Governing Law; Jurisdiction) survive any termination or expiration of these Terms. Additionally, any provision that was, by its nature, intended to survive termination of these Terms will so survive. 

20. Contact Us.

If you have questions about these Terms or the Services, you may contact Telin at tnexprivacy@tnex.telin.net.