Effective Date: 1 January 2021
These terms are binding and begin to apply to You (Customers or Invited Users) when You start accessing the Cocoatrace Application from Koltiva AG and it’s affiliate PT Koltiva (the "Koltiva" or "Us", ”We”, “Our”).
By registering to use the Koltiva Cocoatrace Application, You declare that You have read and understood these Terms & Conditions, and consider to have the authority to act on behalf of anyone registered to use Our Cocoatrace Application.
Koltiva has the right to change these Terms & Conditions anytime, and it will take effect when the new or revised Terms & Conditions are attached to the Cocoatrace Application. Koltiva will attempt to announce changes to You via email or notification through the Cocoatrace Application. Because it is quite possible that these Terms & Conditions will change from time after time, it is Your duty to ensure that You have read, understood and agreed to the latest Terms & Conditions available on the Cocoatrace Application.
Using Cocoatrace Application
This Cocoatrace Application is owned, operated and provided by Koltiva and is made to provide You with the following:
Availability of Our Services
Unless required by applicable laws and regulations, Koltiva does not provide any warranty, expressed or implied, and makes no representations regarding the Cocoatrace Application. Specially, even though the Cocoatrace Application is well implemented, Koltiva does not declare and guarantee that:
You must make sure that You only use the Cocoatrace Application for Your business needs that is right and legally, with the Terms and Conditions and notifications announced by Koltiva or the conditions listed in the Cocoatrace Application. The account that You have can only be run by yourself, and if You want Your account to be run by someone else, there must be prior approval by Koltiva.
You pledge and release Koltiva and other interested parties in connection with any liability, loss, cost and damage suffered by Koltiva and other interested parties as a direct or indirect result of Your actions inconsistently with or violating part of these Terms & Conditions. Koltiva has the right (at its sole discretion) to obtain exclusive defence and control over everything related to Your compensation, in which case You must assist and work with Koltiva to carry out the defence.
You must ensure that all the usernames and passwords needed to access the Cocoatrace Application are stored securely and confidentially. You must immediately notify Koltiva of Your unauthorized use of your password, or other security violations, and Koltiva will reset your password, and You must take all other actions that Koltiva considers important enough to maintain or improve the security of the computer system and the Koltiva network, and Your access to our Cocoatrace Application.
As a condition of these Terms, when accessing and using the Cocoatrace Application, you must:
The use of the Cocoatrace Application can be restricted according to the access rights and responsibilities of each user and You can see the restrictions on the Cocoatrace Application user interface.
Responsibility for Compensation
You release Koltiva from all: claims, claims, costs of loss, damage and loss arising as a result of your violation of the Terms and Conditions set forth in this Agreement, or any obligations that You may have to Koltiva.
Confidentiality and Privacy
Each party WILL NOT, without written consent from the other party, disclose or provide Confidential Information to anyone, or use it for their own benefit, other than as referred to in these Conditions. The obligations of each party in this provision will survive even if one of the parties has not cooperated again.
The provisions of the article do not apply to information that:
Intellectual Property Rights
Copyright and any Intellectual Property Rights that attached to this Cocoatrace Application are owned by Koltiva.
Ownership and all Intellectual Property Rights contained in Data is still your property. It is strongly recommended that you keep a copy of all data that you input into the Cocoatrace Application. Koltiva adheres to the policy and undergoes the best procedures to prevent data loss, including daily system routines for backing up data, but makes no guarantees that there will never be data loss.
As regulated in the applicable laws and in Indonesia regulations that connection with Intellectual Property Rights, no part of the Cocoatrace Application is permitted to be reproduced, copied, published, made or transmitted in any form in any way without the consent of Koltiva. Failure not to follow this article will result in you being subject to civil and criminal sanctions in accordance with applicable laws and regulations.
Guarantee and Recognition
Others General Provisions