Bunker

PRIVACY POLICY

Terms of Use

Welcome to Bunker! Throughout these Bunker Terms and Conditions (“Terms”), Bunker uses certain capitalized terms, which are defined below. These Terms shall govern the User’s access to and use of the Platform and the Services.

By accessing, using, linking from or to Bunker Platform or any of the Services, the User confirms that he/she: 

  1. has read, understood and agreed to be bound by these Terms, including all other rules, policies, and procedures that may be published on the Platform from time to time;
  2. is permitted by all applicable Laws and Regulations to visit the Platform, or view, access or otherwise use any features, tools and/or services available on the Platform; and
  3. has the legal capacity and necessary authorizations on behalf of any person or entity for whom the User is accessing or using the Platform and/or Services (including consent from the User’s parents or legal guardian for Users under the age of 21 (twenty-one) years old).

If the User does not understand nor agree to any part of these Terms, then the User shall not use the Platform or any of the available Services in the Platform, and delete the User’s Account.

 

If the User is using the Platform and the Services as an employee or agent of a company or organization, the User represents and warrants that the User is the authorized person of such company or organization or authorized to represent such company or organization, and the User is agreeing to these Terms on behalf of such company or organization.

 

Please note that these Terms may be changed, amended, supplemented, and/or modified from time to time without any prior notice to User. The User agrees and assumes the responsibility to check these Terms periodically.   

 

The platform, including all of its features and Contents, is a financial planning and analysis software developed and managed by PT Bunker Technologies Indonesia with the purpose of integrating the User’s business needs in managing financial matters with the latest applied technology.

1. Definition and Interpretations

1.1 Definition

Definition. Unless the context explicitly indicates otherwise, the following capitalized terms have the following meanings:

 

“Account” means account of the User that is registered in the Platform to use the Bunker Content and the Services. 

 

“Advisor” means any financial, marketing, tax, information technology, or other advisors engaged by Bunker in connection with Bunker, Services and/or Bunker Content.

 

“Affiliate” means with respect to a person, any other person controlling, controlled by or under common control with such first person. The term “control” (including, with correlative meaning, the terms “controlled by” and “under common control with”), as used with respect to any person, shall mean the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such person, whether through the ownership of voting securities, by contract or otherwise.

 

“Bunker Content” means any present or future information, data, articles and materials (including any features and tools) contained on the Platform, whether in form of, among others, artwork, audio files, computer code, graphics, images, logos, music, photographs, programs, software, buttons, widgets, applications, sounds, text, trademarks, user interfaces, videos or visual interfaces that, from time to time, are uploaded, stored, posted, created, written, provided or otherwise made available by Bunker through the Platform.

 

“Business Day” means means a day (excluding Saturday, Sunday or public holiday) on which banks are open for general banking business in Indonesia.

 

“Content” means Bunker Content and User Content.

 

“Employee” means any employee of Bunker or its Affiliates.

 

“Government Authority” means any central, provincial, state, municipal, country, or regional governmental or quasi-governmental instrumentality, and includes any ministry, department, commission, bureau, board, court, administrative or other agency or regulatory body thereof having the authority to govern.

 

“Laws and Regulations” means any laws, regulations, decrees, or policies having the force of law including subordinate legislation, requirements, and guidelines of any Government Authority with which a party is legally required to comply.

 

“Operations” means the business activities within Bunker, including but not limited to the corporate, administrative and technical functions in Bunker.

 

“Platform” refers to the technology-based platform built by Bunker (including its software, tools, features, buttons, and widgets) that empowers Users to use, access, create, safekeep, monitor, visualize and make any predictions or projections from any past, present or future Contents and Services, available at or through www.bunkertech.io, including all of its subpages and subdomains.

 

“Privacy Policy” means Bunker’s Privacy Policy which applies to all Users, as may be amended from time to time.

 

“Services” means any services made available by Bunker in the Platform, which shall include but not limited to finance and business operation management related services provided to the Users by a dedicated inhouse business operation team of Bunker assigned to deliver such services, and any other features and services made available from time to time by Bunker in the future.

 

“Subscription Fees” means the fees payable by a User for using certain Services and/or accessing certain Bunker Content, which from time to time may be subject to change based on the sole discretion of Bunker. 

 

“User” means any person who visits or uses the Platform, the Services and any of the Contents, whether on behalf of a company or organization or for personal use. 

 

“User Content” means any information, document, data, or materials (including information about any User) uploaded, submitted, stored, posted, sent, received, created, or written by a User in the Platform. 

 

“Vendor” means any person, company or organization engaged by Bunker to provide goods and/or services in connection with the Platform, the Services and/or Bunker Content. 

 

1.2 Interpretation

The term “Bunker” means PT Bunker Technologies Indonesia, including its subsidiaries, Affiliates, shareholders, directors, commissioners, officers, Employees, Advisors, Vendors, representatives, and agents.

 

The term “User” refers to person(s) who use or visit the Platform, including but not limited to those who have been registered and hold an Account to use and access Bunker’s Services and its Contents. 

2. Bunker

Bunker is not licensed and qualified to provide services performed by public accountants, financial consultants, and tax consultants. Bunker does not offer financial, accounting or tax consulting services. Bunker Content and Services are not intended to replace the advice or services of public accountants, financial advisors, or tax consultants. 

 

Bunker does not, and does not undertake to, review if any User Content is accurate or appropriate from business, financial and accounting point of views, contains advice or provides an opinion on the facts of the User’s situation.

 

The User’s use of any Bunker Content and Services is not intended to, and does not, create an employment relationship, between the User and Bunker. To the extent permitted by applicable Laws and Regulations, any communication between the User and Bunker is not protected as privileged communications under an employee-employer.

 

3. Account Activation and Security

3.1

By creating an Account, the User agrees to represent and warrant to Bunker, that all information and documents the User submitted in the registration process are true, accurate, and complete information. User is fully responsible for any discrepancy or misrepresentation of identity or information the User provides in the User’s Account, and to maintain the User’s Account details up-to-date and current at all times.

3.2

The User further understands and agrees that Bunker may request additional information, verification and other requirements for the User’s continued use of the Platform.

3.3

By creating an Account, the User agrees that the User may receive notifications/communications from Bunker, such as newsletters, special offers, notifications, account reminders and updates.

3.4

User is personally responsible for maintaining the security and confidentiality of the information the User holds for the User’s Account (including the User’s Account name, password and payment details).

3.5

User is solely responsible for all access to the Platform (including any access by a third party) that is made through the User’s Account, and for any activities that occur under the User’s Account. If User is using the Platform on behalf of a company or organization, the User represents and warrants that the User is an authorized individual of that company or organization or authorized to represent that company or organization, and that the User agrees to these Terms on their behalf.

3.6

The User may not use a third party’s Account, username or password at any time. The User agrees to notify Bunker immediately of any unauthorized use of the User’s Account or password. Bunker shall not be liable for any losses the User incurs as a result of someone else’s use of the User’s Account or password, either with or without the User’s knowledge. The User may be held liable for any losses incurred by Bunker due to someone else’s use of the User’s Account or password.

3.7

The User must take all reasonable precautions to ensure the security of access to the User’s Account and access of the Services using that User’s Account. The User must not, under any circumstances, allow any third party or any person other than the authorized person(s) of the User to access or use the Services for any purposes without the prior written consent of Bunker.

3.8

Bunker is not liable for any loss or damage arising from the User’s failure to keep the User’s Account secured and confidential, including any unwanted access as a result of granting of the User’s Account username and password to a third party, lending of the User’s Account to a third party, accessing a link provided by another party, granting or showing the User’s Account username or password to another party, and any other form of negligence by the User which causes loss or issues to the User’s Account on the Platform. The User understands that Bunker has no obligation whatsoever to recover the User’s data and information stored in, or as part of the User’s Account.

4. Suspension and Termination of Account

4.1

The Users have the option to permanently delete the User’s Account on the Platform by contacting Bunker’s customer support. The Users acknowledge that deactivating the User’s Account may result in the loss of all User Content and data linked with it. The User agrees that Bunker has no obligation whatsoever to store or recover User Contents or any data or information associated with the User’s Account. 

4.2

Bunker reserves the rights, in its sole discretion, to investigate, suspend, terminate, or close the User’s Account for any reason and at any time without prior notification and/or the User’s approval, if Bunker   suspects or determines that the User:

 

  1. is in breach of these Terms;
  2. poses a security risk to the Services or any third party;
  3. engages in activities that adversely affects Bunker, its Services and Operations;
  4. indicated of violating applicable Laws and Regulations; or
  5. indicating of infringing Bunker’s or any third party’s intellectual property rights.

4.3

The User further acknowledges that Bunker also reserves the right to terminate Accounts that are inactive for a certain period of time.

4.4

If Bunker elects to suspend, terminate or close the User’s Account, Bunker may notify the User at the User’s registered email address. The User understands and agrees that upon the termination or closing of the User’s Account, Bunker has no obligation whatsoever to store or recover the User’s User Content or any data or information associated with the User’s Account

4.5

If Bunker suspends the User’s right to access the Services, Bunker will reinstate User’s access to the Services as soon as possible once the reason for suspension has been resolved. The User remains responsible for all fees incurred through the date of suspension.

4.6

User acknowledges that the User’s obligations under these Terms shall remain valid irrespective of the termination of Account.

5. Use of Services

5.1 No Unlawful or Prohibited Use

The Services, and any Content viewed through Bunker’s Services, is solely for the User’s personal use. The User can only use the Services if they do not conflict with or violate the Laws and Regulations of the User’s jurisdiction(s). The availability of the Services and/or Contents in the User’s jurisdiction(s) is not an invitation or offer by Bunker to access or use Platform, Services and/or Content. By using the Services and/or viewing Contents, the User accept sole responsibility that the User’s use of or access to the Platform, Services, and/or Content does not violate any Laws and Regulations in the User’s jurisdiction(s). To enforce these Terms, Bunker reserves the right to refuse membership or suspend or terminate the User’s Account immediately and without prior notice at Bunker’s sole discretion.

5.2 Limitation on Use

In using the Platform, the User agrees not to or attempt to:

 

  1. upload or send any message, information, data, text, software or picture or other content that violates any Laws and Regulations, endangers, threaten, incur loss, harasses, hurts, ruins any reputation, harsh, sexualizes, slanders, or other unacceptable things or action, or things that deny someone of their rights and privacy and publicity;
  2. use the Platform and/or the Services in any way violating any Laws and Regulations;
  3. provide a false, inaccurate, misleading, and/or incomplete information or documents;
  4. create, make, alter, modify, engineer, and/or upload a false, offensive, unlawful, misleading, inaccurate information or documents to or through the Platform;
  5. use the communication feature which may be available on the Platform in a way that gives a negative impact on the availability of resources for other users (for example, excessive shouting, using all caps, or flooding other users with posts or repeated texts);
  6. in any manner use the Platform nor the Services which is unlawful, offensive, threatening, pornographic, racist, fraudulent, infringes any third party’s right, and/or against propriety;
  7. transmit, transfer, or broadcast any false, misleading, fraudulent or illegal communications or documents;
  8. impersonate any other User or any other party;
  9. unlawfully access any other User’s Account without permission, right, or authority;
  10. make a copy, modify, distributes, and/or transmits any documents or information as may be saved in the Platform without right, authority, and capacity from the legal owner or authorized party;
  11. infringe intellectual property rights (e.g.: copyrights, patents, trademarks, etc.) of Bunker or any third party;
  12. upload any viruses, documents and/or data infected by virus, and/or malware which can harm or disturb the Platform, Services and/or Content;
  13. interfering with or disrupting the operation of Bunker or servers or networks connected to the Platform, including posting, submitting, transmitting, uploading, or otherwise making available any material that contains software viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  14. creating a mirror of Bunker or any part of the Bunker, or systematically downloading and storing any Content illegally or which by doing so breaching these Terms;
  15. unlawfully carries out interception or wiretapping of any information, data, and documents; and
  16. breach these Terms or Bunker’s Privacy Policy, including their amendments and/or additions thereto.
  17. Bunker reserves the rights, in its sole discretion, to hide, remove, delete and block any User Content, and/or any other action Bunker deemed necessary if there is an indication of violation to the above-mentioned prohibition and covenants.

 

5.3 Data and Content

The User acknowledges and agrees that all Contents, information, and documents provided by Bunker to the User in relation to provision of the Services, belongs to, and shall remain as the property of Bunker.

 

The User may upload, submit, store, post, send, receive, create or write User Content to or through the Platform and/or the Services. The User are solely responsible for the content of, and any harm resulting from, any User Content that the User upload, submit, store, post, send, receive, create or write to or through the Services, regardless of the form of that content. Any liability, loss or damage that occurs as a result of the use of any User Content that the User makes available or access through the User’s use of the Services is solely the User’s responsibility. 

 

Bunker does not claim ownership of any User Content that the User posts, uploads, inputs, provides, submits, or otherwise transmits to Bunker by using the Platform. However, the User agrees that by posting, uploading, inputting, providing, submitting, entering or otherwise transmitting the User’s User Content, on or through the Platform:

 

  1. the User represents and warrants that the User has all rights, titles and interests to such User Content including any necessary authorization and consent from any third party, and such User Content is not obtained by the User in any manner that is against any Laws and Regulations, policies, agreements or relationship to which the User is subject, including by breaching any secrecy or other similar confidentiality obligations; 
  2. the User retains all ownership of, control of, and responsibility of User Content that the User posted, uploaded, submitted, stored, sent, received, created or written to or through the Platform and/or the Services; and
  3. the User will indemnify and save Bunker harmless from and against any liabilities, actions, proceedings, claims, causes of action, demands, debts, losses, damages, charges and costs, including reasonable legal costs, any amount paid to settle any action or to satisfy a judgment and expenses of any kind and character whatsoever incurred by Bunker relating to or arising from the User’s User Content, including instances where the User’s User Content (a) infringes any third-party intellectual property rights, or (b) is inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful.

 

Solely to allow Bunker to use User Content the User post, submit, transmit, upload or otherwise make available on or through the Platform and/or the Services for its intended purpose reasonably without violating any rights the User has in it, the User expressly grant Bunker a worldwide, sub-licensable, royalty free and non-exclusive license to use, publish, display, modify, translate, distribute and syndicate the User Content worldwide in connection with the Services. This license will terminate at the time when the User to whom the User Content belongs to is no longer a User, or when the User Content is removed from the Platform and/or the Services. The User confirms and warrants that the User has the required authority to grant the above license to Bunker.

 

User is not permitted to share any information, data, contents and/or documents of other User(s) to any third party unless a prior approval from the relevant party has been obtained in accordance with the applicable Laws and Regulations.

 

When the User shares its User Content with any other Users: (i) Bunker shall not be liable for any losses the User incurs as a result of the other Users’ use of the User’s User Content, either with or without the User’s knowledge; and (ii) User may be held liable for any losses incurred by Bunker due to the other Users’ use of the User’s User Content.

 

The User acknowledges and agrees that Bunker may preserve the User’s User Content as well as disclose them if required to do so by Laws and Regulations or in the good faith belief that such preservation or disclosure is reasonably necessary to accomplish any of the following: (i) to comply with legal process, Laws and Regulations or Government Authority’s requests; (ii) to enforce these Terms; (iii) to respond to claims that a content violates the rights of third parties; or (iv) to protect the rights, property, or personal safety of Bunker, other Users or the public. 

 

The User understands that the technical processing and transmission of the Services, including its User Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. The User agrees that Bunker has no responsibility or liability for deleting or failing to store any content maintained or uploaded in the Platform or that is related to the Services.

 

Bunker is entitled to, from time to time, remove any User Contents uploaded and/or posted to the Platform, which in Bunker’s sole opinion is in violation of these Terms and any applicable Laws and Regulations.

 

The User understands that any User Content in the Platform will also be subject to the terms and conditions applicable in Google Play Store, Apple App Store, or any other relevant application marketplace where the Platform might be available now or in the future.

5.4 Third Party Communications

During the User’s use of Bunker, the User may have an interaction with any third party such as through live chats, question and answer, and other message services. The interaction between the User and a third party is solely between the User and that third party.

 

Bunker disclaims any liability arises from (i) all such interactions between User and any third party, and (ii) any other actions resulting from such interactions between User and any third party. User acknowledges and agrees that Bunker is not responsible for any losses, damages or claims that may arise from such interactions the User has with any third parties. The User acknowledges and understands that Bunker has no obligations nor responsibility to verify, and identify the quality, accuracy, and trustworthiness of the source or content used or provided by such third parties.

 

Although Bunker has no obligations to monitor any interactions between User and a third party, Bunker reserves the right, in Bunker’s own discretion, to review and remove materials posted in the Platform resulted from such inter, in whole or in part. Bunker reserves the right to disclose any materials, information, or activity, as necessary to satisfy any Laws and Regulations, legal process, or Government Authority’s request.

 

5.5 Third Party and Data Security

The Platform may be integrated with, or otherwise contain, links to other applications, websites or services that are operated by other parties outside of Bunker. Users are expected to understand and agree that the act of clicking a link is the User’s own responsibility. Users who click links to other applications, websites or services are outside of Bunker’s control and responsibility. The User hereby understand and agree that Bunker is not responsible for, nor liable for any loss the User may incur from, the User’s access to and use of such third-party websites.

 

These third-party applications, websites or services may have their own terms and conditions of use and privacy policies, and the User’s use of these third-party applications, websites or services will be governed by and subject to such terms and conditions and privacy policies.

 

Bunker does not endorse nor recommend any features, products or services offered by, or any information contained in, any of these third-party sites. Bunker hereby disclaims any and all liability for all information, materials, products or services posted, offered or that may be accessed at any of these third-party websites linked to this Platform.

 

Further, Bunker hereby disclaims any and all liability from any unauthorized or misuse of information regarding Bunker and/or Services by any third-party, including those contained in these third-party websites.

 

Bunker reserves the right to remove any links to any other applications, websites or services contained on the Platform at any time, if Bunker determines at Bunker’s sole discretion that such link is in breach of this Terms.

5.6 Hyperlink to the Platform

By creating or using any hyperlink to the Platform and/or the Contents, the User hereby agree to be bound by these Terms, and in addition, the User agrees:

 

  1. not to present such hyperlink to the Platform in a manner that suggests Bunker has any relationship or affiliation with the User or the User’s site, nor do Bunker endorse the User’s application, website, products or services;
  2. not to present any false information about Bunker, the Services or the Contents; and
  3. not to use any of Bunker’s names, logos, designs, slogans, trademarks or service marks or any other words or codes identifying Bunker or the Platform in any “metatag” or other information used by search engines or other information location tools to identify and select sites, without Bunker’s express, prior written permission for a particular use.

 

Bunker hereby disclaims any and all liability from any false or misuse of information regarding Bunker, Services and/or the Contents by any party who creates a hyperlink to the Platform and/or the Contents.

 

Bunker reserves the right to request that the User remove all links or any particular link to the Platform. The User hereby agree and undertake to immediately remove all links to the Platform upon Bunker’s request.

 

6. Service Fee and Payment

6.1

The User acknowledges that certain Services may not be available to the User unless it subscribed to that certain type of Services and/or Content, which may now or in the future be subject to Subscription Fees. The User further agrees and acknowledges that any terms presented to the User in the process of using or subscribing to such Services and/or Content are deemed to be a part of these Terms.

6.2

User’s access to certain Services and/or Content will only be activated after User completes and provides all the required mandatory data and documents, and also settling the payment of the Subscription Fees in timely manner. The User acknowledges that the Subscription Fees may vary depending on the role, features and services package, payment method and availability for any special offers that may be made available from time to time. The Subscription Fees are final, non-transferable and payable in advance. Unless expressly stipulated otherwise, the Subscription Fees and any other applicable fees are non-cancelable and non-refundable.

6.3

User agrees to settle the applicable Subscription Fees without any deduction or withholding on account of taxes or other charges of any nature. If a deduction or withholding is required, the User will be responsible for paying such additional amount as is necessary so that Bunker receive the full amount of the applicable Subscription Fees.

6.4

Bunker will give the User at least 30 (thirty) days’ prior notice by email (or other adequate form of notice) of a Subscription Fee increase before the User are charged. If the User is given less than 30 (thirty) days prior notice, the change will not apply until the payment when the User’s next Subscription Fee is due. If the User does not wish to continue with the updated Subscription Fee, the User may cancel or discontinue the Services. The User’s cancellation or discontinuance will apply to the next billing period after the current applicable term of the Services that the User applied to is ended. 

6.5

User further agrees and acknowledges that any terms of payment presented to the User in the process of using the Platform is deemed to be a part of these Terms.

6.6

Bunker may support more than one payment method consisting of payment via credit card, bank transfer, virtual account, and/or other payment method provided in the Platform. The User may change the User’s preferred mode of payment only prior to making payment. 

6.7

The User agrees to provide and maintain true, accurate and current payment information with a valid payment method. The User agrees to be responsible for any uncollected amounts due to failure of payment settlement, including by reason of insufficient funds or expiration of credit card or debit card.

6.8

The User understands that by selecting the payment method with credit card or automatic debit card for certain services, Bunker may automatically cut the User’s balance before the end of the subscription period for the services that will be used in the subsequent subscription period. In this case, the User will be required to request for terminating the User’s subscription to the Services should the User wishes to discontinue the User’s subscription.

6.9

By submitting the User’s payment information, the User authorizes Bunker to provide that information to third parties for purpose of facilitating the payment. If User is not using the User’s own credit or debit card to pay for the Subscription Fee, the User must ask permission of the credit or debit card holder before entering the payment details. Bunker shall assume that the User has obtained an express prior permission if such credit or debit card is not personally owned by the User.

6.10

The User agrees that Bunker may discontinue the provision of the Services to the User if before the end of the User’s current subscription period, the User fails to renew the User’s subscription and settle the service fee for the subsequent subscription period.

6.11

The User acknowledges and understands that Bunker does not provide refund or fund transfer for any cancelation or termination of the Services that the User subscribed or failed to discontinue before the relevant subscription period of such Services has ended.

7. Intellectual Property Rights

7.1

Except stipulated otherwise in these Terms, nothing in the Platform, the Services and/or the Content shall be construed as conferring on the User or any third party any license or right, by implication or otherwise, under any Laws and Regulations including, without limitation those related to copyright or other intellectual property rights.

7.2

The User acknowledges and agrees that the Platform, the Services and the Contents, including any features or tools made available in the Platform, may contain proprietary and   including copyrights, trademarks, service marks and patents protected by applicable intellectual property Laws and Regulations and international intellectual property treaties. Bunker authorizes the User to view and make a single copy of reasonable portions of the Bunker Content for offline and personal use, provided that such copy is properly attributed to Bunker. No Bunker Content may be sold, reproduced, modified, published distributed or otherwise exploited whether in hard copy, electronic or any other form (including any derivative works in any form) or make any Bunker Content available by any means, for public purposes without Bunker’s written permission. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved.

8. Privacy Policy

In connection with the use of Platform, Services and Contents, the User may be asked to provide personal information in questionnaires, applications, forms or similar documents or services. This information will be protected pursuant to Bunker Privacy Policy. In addition, the User grants Bunker  a worldwide, royalty-free, non-exclusive, and fully sublicensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling the User’s use or access of the applicable the Services and/or Contents. The User may revoke this license and terminate rights held by Bunker at any time by removing the User’s personal information from the applicable service. For the avoidance of doubt, Bunker undertakes that it shall not authorize or permit its shareholders having the same business activities as the User to access any User Content. 

 

In Bunker’s Privacy Policy, Bunker explains how Bunker treats the User’s personal data and protect User’s privacy when User visit, access, view or use the Platform, Content and/or Services. Please read Bunker’s Privacy Policy carefully. To view Bunker’s Privacy Policy, please click here.

 

The User represents that the User has read and fully understands the contents and consequences of Bunker Privacy Policy, and the User irrevocably agrees and accepts to be bound by the terms and conditions of Bunker Privacy Policy.

9. Indemnification

User hereby agrees to release, discharge, indemnify, defend and hold Bunker and any of its Affiliates and Employees harmless (including but not limited to its shareholders, directors, commissioners, officers, Employees, Advisors, representatives and agents) against any and all claims or demands from any third party, damages, costs, liabilities and expenses (including reasonable legal fees incurred by Bunker) arising out of or relating to any of the User’s conduct, violation of these Terms, misuse of the Platform or any of Services and/or violation of any Laws and Regulations or the rights of any third party.

10. Disclaimer and Limitation of Liability

10.1 Disclaimer

The User understands and agrees that the Platform and Bunker Content are provided “as is” and “as available”. To the fullest extent permitted by Laws and Regulations, Bunker does not make any express or implied warranties, endorsements or representations whatsoever as to the operation of the Platform, Services and Bunker Content. This shall include, but not be limited to, implied warranties of merchantability and suitability for a particular purpose and non-infringement, and warranties that access to or use of the Platform, Services and Content will be uninterrupted or error-free or that defects in the Platform, Services and Bunker Content will be corrected.

 

The User understands that the Platform may contain typographical errors, other inadvertent errors or inaccuracies. Bunker makes no representations, warranties or guarantees, whether express or implied, that any Bunker Contents and Services are accurate, complete or up to date. The User agrees that the User will indemnify, defend, and hold harmless Bunker for all claims resulting from such inaccuracies and errors. It is therefore advisable for the User to obtain (i) professional or specialist advice before taking, or refraining from, any actions based on Bunker Contents and Services; and/or (ii) the appropriate business interruption insurance to cover any losses that may arise as a result of such errors.

10.1 Limitation of Liability

To the fullest extent permitted by Laws and Regulations, in no event shall Bunker be liable for any form of damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (a) the User’s access to or use of or inability to access or use the Platform, Services and Contents; (b) any conduct or content of any third party relating to the Platform, Services and Contents; (c) unauthorized access, use or alteration of any Content; or (d) any other matter that was not caused by Bunker’s breach of these Terms. The User understand and agree that Bunker shall not be responsible for, and the User shall release, discharge, indemnify, defend and hold Bunker and any of its Affiliates and Employees harmless against any and all business interruption or loss due to the use of the Platform, Services and/or Bunker Contents, even if such loss or interruption is caused solely or in part by the negligence of Bunker and/or its Affiliates and Employees. The User agree to undertake this risk in all cases and shall be solely responsible, at the User’s own cost, for providing the User’s own business interruption insurance in an amount as the User deems necessary or desirable. To the extent permitted by Laws and Regulations, the total liability of Bunker for any claim resulting from its breach of these Terms, is limited to the amount the User paid to Bunker to use the Platform and/or Services. 

11. Governing Laws and Dispute Resolutions

11.1

These Terms are governed by and is to be construed in accordance with the laws in the Republic of Indonesia. Agreeing to these Terms means that the User agrees to subject to the jurisdiction of the laws of the Republic of Indonesia.

11.2

User agrees that any and all dispute, controversies or claims arising from or relating to these Terms, the Services or the relationship between the User and Bunker shall be attempted to be resolved amicably within 30 (thirty) Business Days since the receipt by one party of a written notice from the other party of the existence of the dispute, to settle such dispute to reach amicable settlement. In the event amicable settlement fails within such period, the User agree that such dispute shall be referred to, resolved and finally settled by arbitration in Jakarta in accordance with the arbitration rules of the Indonesian National Board of Arbitration (Badan Arbitrase Nasional Indonesia) which was established in 1977 by the Indonesian Chamber of Commerce and Industry (KADIN) through its decision No. SKEP/152/DPH/1977 dated 30 November 1977 for the time being in force, which rules are deemed to be incorporated by reference in this section of these Terms. The arbitration tribunal will consist of 1 (one) arbitrator. The arbitration will be conducted in Bahasa Indonesia and is seated in Jakarta.

12. Miscellaneous

12.1 Language

These Terms are made in English and Indonesian language. In the event of any inconsistency or conflict between the two language versions, the User agree that the Bahasa Indonesia version shall prevail to the extent of such inconsistency or conflict, and the English language version shall be deemed to be automatically amended to be consistent with the Bahasa Indonesia version.

12.2 Entire Agreement

These Terms constitute the entire agreement between the User and Bunker with respect to the subject matter of these Terms, and supersede and replace any prior version of the Terms. 

12.3 Notification

Bunker may send receipts, invoices, notifications, newsletters, promotions, alerts, and other information through the User’s registered email address. The User may opt-out of receiving messages at any time by changing the User’s preferences and settings on the User’s account. The User acknowledges that opting out of receiving messages may impact the User’s use of the Platform. Certain messages relating to the Services that Bunker deemed necessary for the User may not have ability to opt-out of.

12.4 Waiver, Severability and Assignment

Bunker’s failure to enforce a provision of these Terms is not a waiver of its right to do so later. If any provision of these Terms is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable, and the Term or Terms that are found unenforceable will be substituted reflecting Bunker’s intent as closely as possible. The User may not assign any of the User’s rights under these Terms, and any attempt to do so will be void. 

 

Bunker may assign Bunker rights to any of Bunker’s Affiliates or subsidiaries, or to any successor in interest of any business associated with Bunker.

12.5 Questions and Contact Information

If the User has any question regarding the use of Bunker, please refer first to the FAQ. All other questions or comments about Bunker, the Platform, Services, or any of the Contents should be directed to Bunker’s customer care at support@bunkertech.id.