Welcome to the Minar app services (“Minar”),
which are accessible via the Minar mobile device application (the “App”). We
(also referred to as “we”, “us” or “Minar”) provide you with this Terms and
Conditions of Service (the “Terms”), our video game services, the App, and our
websites located at www.getminar.com (the “Site”) which are collectively called
the “Services.” Please read carefully these Terms (along with our Minar User
Guidelines and our Privacy Policy), because they govern your use of our
Services (in this matter you will also referred to as “User” or “Users” or
“you” or “you”).
By using our Services, you are agreeing to these Terms, our Minar User Guidelines, and our Privacy Policy. If you are the parent or legal guardian (“Parent”) of a person under certain age considered as a child (please refer to Registration by Children section below), you are agreeing to these Terms on behalf of yourself and your child(ren) who are authorized to use the Services pursuant to these Terms and in our Privacy Policy. If you don’t agree to these Terms, our Minar User Guidelines, and our Privacy Policy, do not use the Services.
We may modify these Terms at any time. If we do so, we will let you know either by posting the modified Terms on the Site or App or through other communications. It is important that you review the Terms whenever we modify them, because if you continue to use the Services after we have posted modified Terms on the Site or App, or otherwise communicate them to you, you are indicating to us that you agree to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services evolve over time, we may change or discontinue all or any part of the Services at any time and without notice.
Please refer to our Privacy Policy for information on how we collect, use, and disclose information from our Users.
If you want to use certain features of the Services, you will have to create an account with us (an “Account”). In the future, we will create your Account by extracting from your Google, or other pre-existing third-party account certain personal information (such as your email address) that your privacy settings on the applicable account permit us to access.
It is important that you provide us with accurate, complete, and up-to-date information for your Account, and you agree to update such information as needed, to keep it accurate, complete, and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
Registration by Children
We at Minar strive to comply with the relevant children online protection laws of any countries the game app being played through the verification and consent process. However, considering that we do no collect official identification proof (ID card, driving license, etc), thus, we will not be able to verify the real age of the User, we rely on you cooperation and honesty to provide us with information with regard to you age. Please remember that any inaccuracy of providing information with regard to your age may be considered as violation to this Terms and we might have to suspend or terminate your Account. If a Parent of a child who register as User at Minar with false age and finds out about it later and do not wish to provide consent, the Parent should contact us at www.getminar.com to submit the request. We will discontinue that child’s access to and use of the Services and ensure that such child’s information is no longer accessible through the Services.
The game app including its gameplay is designed for the players of 13 years of age and above. If you are over the age of 13, and are legally are not considered a child anymore according to applicable laws (such as 18 in Indonesia), and register to create an Account, Minar will enable you to access and use the Services.
The Parent of each child must register before an authorized child may use the Services. Minar requires the Parent to verify that he or she is the Parent of the child and to consent to the creation of an Account with us for the child. Upon receipt of both parental verification and consent, Minar will enable the Parent to create an Account with us for the child.
If a Parent does not consent to a child’s access to and use of the Services or does not verify the Parent’s consent through the consent process, Minar will ban that child’s registration for an Account, prevent the child’s access to and use of the Services, and ensure that such child’s information is not accessible through the Services. If a Parent has consented to a child’s access to and use of the Services but wishes to rescind such consent, the Parent should contact us at www.getminar.com to submit the request. We will discontinue that child’s access to and use of the Services and ensure that such child’s information is no longer accessible through the Services.
Parents of children understand and agree that Minar may provide information submitted to Minar, or collected via the Services, to third parties who use such information for the sole purpose of administering or providing Services (e.g., third-party security monitoring services and web-hosting companies). Please see our Privacy Policy, available at our website for more information on how we collect, use, and disclose information from our users.
During game play, please be aware of your surroundings and play safely. You agree that your use of the App and play of the game is at your own risk, and it is your responsibility to maintain such health, liability, hazard, personal injury, medical, life, and other insurance policies as you deem reasonably necessary for any injuries that you may incur while using the Services. You also agree not to use the App to violate any applicable law, rule, or regulation (including but not limited to the laws of trespass) or the Minar User Guidelines, and you agree not to encourage or enable any other individual to violate any applicable law, rule, or regulation or the Minar User Guidelines. Without limiting the foregoing, you agree that in conjunction with your use of the App you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, will not impersonate any other person or misrepresent your affiliation, title, or authority, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. To the extent permitted by applicable law, Minar disclaims all liability related to any property damage, personal injury, or death that may occur during your use of our Services, including any claims based on the violation of any applicable law, rule, or regulation or your alleged negligence or other tort liability. Further, in the event that you have a dispute with one or more other users of the App, you release Minar (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Subject to your compliance with these Terms, Minar grants you a limited nonexclusive, nontransferable, non-sublicensable license to download and install a copy of the App on a mobile device and to run such copy of the App solely for your own personal, noncommercial purposes. Except as expressly permitted in these Terms, you may not: (a) copy, modify, or create derivative works based on the App? (b) distribute, transfer, sublicense, lease, lend, or rent the App to any third party? (c ) reverse engineer, decompile, or disassemble the App? or (d) make the functionality of the App available to multiple users through any means. Minar reserves all rights in and to the App not expressly granted to you under these Terms.
Additional Terms for App Store Apps
If you accessed or downloaded the App from any
app store or distribution platform (like the Google Play) (each, an “App
Provider”), then you acknowledge and agree that:
These Terms are concluded between you and MINAR, and not with App Provider, and that, as between us and the App Provider, Minar is solely responsible for the App.
App Provider has no obligation to furnish any
maintenance and support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify App Provider, and App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure of an App to conform to any warranty will be the sole responsibility of Minar.
App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third-party claim that the
App or your possession and use of the App infringes that third party’s
intellectual property rights, Minar will be solely responsible for the
investigation, defense, settlement, and discharge of any such intellectual
property infringement claim to the extent required by these Terms.
App Provider and its subsidiaries are
third-party beneficiaries of these Terms as related to your license of the App,
and that, upon your acceptance of the terms and conditions of these Terms, App
Provider will have the right (and will be deemed to have accepted the right) to
enforce these Terms as related to your license of the App against you as a
third-party beneficiary thereof.
You must also comply with all applicable
third-party terms of service when using the App.
Under the condition when Minar is accessible
to be played within the Indonesia territories, you agree to comply with all Indonesia
and foreign export laws and regulations to ensure that neither the App nor any
technical data related thereto nor any direct product thereof is exported or
re-exported directly or indirectly in violation of, or used for any purposes
prohibited by, such laws and regulations. By using the App, you represent and
warrant that: (i) you are not located in a country that is subject to a
Indonesia Government embargo, or that has been designated by the Indonesia
Government as a “terrorist supporting” country; and (ii) you are not listed on
any Indonesia Government list of prohibited or restricted parties.
For purposes of these Terms: (a) “Content”
means the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual
combinations, interactive features, works of authorship of any kind, and
information or other materials that are posted, generated, provided, or
otherwise made available through the Services? and (b) “User Content” means any
Content that Account holders (including you) provide to be made available
through the Services. Content includes without limitation User Content. Subject
to your compliance with these Terms, Minar grants you a personal,
noncommercial, nonexclusive, nontransferable, non-sublicensable, revocable
license to download, view, display, and use the Content solely in connection
with your permitted use of the Services.
Content Ownership
Minar does not claim any ownership rights in
any User Content, and nothing in these Terms will be deemed to restrict any
rights that you may have to use and exploit your User Content. Subject to the
foregoing, Minar and its licensors exclusively own all right, title, and
interest in and to the Services and Content, including all associated
intellectual property rights. You acknowledge that the Services and Content are
protected by copyright, trademark, and other laws of the United States and
foreign countries. You agree not to remove, alter, or obscure any copyright,
trademark, service mark, or other proprietary rights notices incorporated in or
accompanying the Services or Content.
Rights Granted by You
By making any User Content available through
Services, you grant to MINAR a nonexclusive, perpetual, irrevocable,
transferable, sublicensable, worldwide, royalty-free license to use, copy,
modify, create derivative works based upon, publicly display, publicly perform,
and distribute your User Content in connection with operating and providing the
Services and Content to you and to other Account holders.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content, or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Minar on or through the Services will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. Minar may reject any submissions in which Minar believes, in its sole discretion, that the User Content is inappropriate or violates the Guidelines or these Terms. Minar further reserves the right to remove any User Content from the Services at any time and without notice and for any reason.
The App permits the purchase of virtual
currency (“Virtual Money”) and use of that Virtual Money to purchase virtual
items or services that we expressly make available for use in the App (“Virtual
Goods”). The purchase of Virtual Money and Virtual Goods is limited to Account
holders who are either (a) 18 years of age or older; or (b) under the age of 18
and have the consent of a Parent to make the purchase. Parents of children
under the age of 18 can consult the iOS or Google Play settings for their App
to restrict in-App purchases, but should also monitor their children’s Accounts
for unexpected activity, including the purchase of Virtual Money or Virtual
Goods.
Purchases of Virtual Money and Virtual Goods
Virtual Money is a category of Content, so the
purchase of Virtual Money grants you only a limited, nontransferable,
non-sublicensable, revocable license to use such Virtual Money to access and
purchase Virtual Goods in conjunction with your personal, noncommercial use of
the Services. You acknowledge that you do not acquire any ownership rights in
or to the Virtual Money, Virtual Goods, or other Content; any balance of
Virtual Goods or Virtual Money does not reflect any stored value. You agree
that Virtual Money and Virtual Goods have no monetary value and do not
constitute actual currency or property of any type. Virtual Money may be
redeemed only for Virtual Goods and can never be sold, transferred, or
exchanged for “real” money, “real” goods, or “real” services from us or anyone
else. You also agree that you will only obtain Virtual Money and/or Virtual Goods
from us and through means provided by us, and not from any third-party
platform, exchange, broker, or other mechanism, unless expressly authorized.
Once you acquire a license to Virtual Money or Virtual Goods, you may not trade
or transfer the Virtual Money or Virtual Goods to another individual or
account, unless such functionality is provided to you by us by way of a feature
or service, whether inside the App or through some other method (e.g., our
website). We may cancel any Virtual Money or Virtual Goods sold, transferred,
or exchanged in violation of these Terms. Any such sale, transfer, or exchange
(or attempt to do so) is prohibited and may result in the termination of your
Account.
During the term of your license to your
Virtual Money, you have the right to redeem your Virtual Money for selected
Virtual Goods. If you are the Parent and you are accepting these Terms on
behalf of your child, you accept and acknowledge that your child has your
consent to exercise this right independently. Pricing and availability of
Virtual Money and Virtual Goods are subject to change without notice. We
reserve the right at any time to change and update our pricing and inventory of
Virtual Money and Virtual Goods. As set forth below, all Virtual Money, Virtual
Goods, and other Content is provided “as is,” without any warranty. You agree
that all sales by us to you of Virtual Money and Virtual Goods are final and
that we will not permit exchanges or refunds for any unused Virtual Money or
Virtual Goods once the transaction has been made.
Purchases by End Users Outside the territory
where the game can be officially played.
Virtual Money and Virtual Goods may only be
purchased and held by legal residents of countries where access to and use of
the Services are permitted. However, please note that once you download Virtual
Money from us, your right of withdrawal ends. You agree that (a) purchase of
Virtual Money involves immediate download of such Content; and (b) you lose
your right of withdrawal once your purchase is complete. We reserve the right
to control, regulate, change, or remove any Virtual Money or Virtual Goods
without any liability to you.
We may cancel, suspend, or terminate your Account
and your access to your Virtual Money, Virtual Goods, the Content, or the
Services, in our sole discretion and without prior notice, including if (a)
your Account is inactive (i.e., not used or logged into) for one year; (b) you
fail to comply with these Terms; (c ) we suspect fraud or misuse by you of
Virtual Money, Virtual Goods, or other Content; (d) we suspect any other
unlawful activity associated with your Account; or (e) we are acting to protect
the Services, our systems, the App, any of our users, or the reputation of
Minar. We have no obligation or responsibility to, and will not reimburse or
refund, you for any Virtual Money, or Virtual Goods lost due to such
cancellation, suspension, or termination. You acknowledge that Minar is not
required to provide a refund for any reason, and that you will not receive
money or other compensation for unused Virtual Money and Virtual Goods when
your Account is closed, whether such closure was voluntary or involuntary.
We have the right to offer, modify, eliminate,
and/or terminate Items, Virtual Money, Virtual Goods, the Content, and/or the
Services, or any portion thereof, at any time, without notice or liability to
you. If we discontinue the use of Virtual Money or Virtual Goods, we will
provide at least 60 days’ advance notice to you by posting a notice on the Site
or App or through other communications.
Conduct,
General Prohibitions, and Minar’s Enforcement Rights
You agree that you are responsible for your
own conduct and User Content while using the Services, and for any consequences
thereof. Please refer to our User Guidelines for information about the kinds of
conduct and User Content that are prohibited while using the Services. By way
of example, and not as a limitation, you agree that when using the Services and
Content, you will not:
defame, abuse, harass, harm, stalk, threaten,
or otherwise violate the legal rights (including the rights of privacy and
publicity) of others?
upload, post, email, transmit, or otherwise
make available any unlawful, inappropriate, defamatory, obscene, pornographic,
vulgar, offensive, fraudulent, false, misleading, or deceptive Content or
message?
promote or engage in discrimination, bigotry, racism, hatred, or harassment against any individual or group?
trespass, or in any manner attempt to gain or
gain access to any property or location where you do not have a right or
permission to be?
violate, or encourage any conduct that would
violate, any applicable law or regulation or would give rise to civil
liability?
upload, post, or otherwise make available
commercial messages or advertisements, pyramid schemes, or other disruptive
notices?
impersonate or misrepresent your affiliation
with another person or entity?
promote or provide instructional information
about illegal or harmful activities or substances?
promote or engage in physical harm, violence,
or injury against any group or individual?
transmit any viruses, worms, defects, Trojan
horses, or any items of a destructive nature?
submit fake, falsified, misleading, or
inappropriate data submissions, edits, or removals;
post, upload, publish, submit, or transmit any
Content that infringes, misappropriates, or violates a third party’s patent,
copyright, trademark, trade secret, moral rights, or other intellectual
property rights, or rights of publicity or privacy?
use, display, mirror, or frame the Services or
any individual element within the Services, Minar’s name, any Minar trademark,
logo, or other proprietary information, or the layout and design of any page or
form contained on a page, without Minar’s express written consent?
access, tamper with, or use nonpublic areas of
the Services, Minar computer systems, or the technical delivery systems of
Minar’s providers?
attempt to probe, scan, or test the
vulnerability of any Minar system or network or breach any security or
authentication measures?
avoid, bypass, remove, deactivate, impair,
descramble, or otherwise circumvent any technological measure implemented by
Minar or any of Minar’s providers or any other third party (including another
user) to protect the Services or Content?
attempt to access or search the Services or Content, or download Content from the Services through the use of any technology or means other than those provided by Minar or other generally available third-party web browsers (including, without limitation, automation software, bots, spiders, crawlers, data-mining tools, or hacks, tools, agents, engines, or devices of any kind)?
extract, scrape, index, copy, or mirror the
Services or Content or portions thereof (including but not limited to the Pin
and Obstacle database and other information about users or gameplay)?
use any meta tags or other hidden text or
metadata utilizing a Minar trademark, logo, URL, or product name without
Minar’s express written consent;
forge any TCP/IP packet header or any part of
the header information in any email or newsgroup posting, or in any way use the
Services or Content to send altered, deceptive, or false source-identifying
information?
attempt to decipher, decompile, disassemble,
or reverse engineer any of the software used to provide the Services or
Content?
interfere with, or attempt to interfere with,
the access of any user, host, or network, including, without limitation,
sending a virus, overloading, flooding, spamming, or mail-bombing the Services?
take any action that imposes, or may impose,
an unreasonable or disproportionately large load on the Services or Minar’s
infrastructure;
delete, obscure, or in any manner alter any
attribution, warning, or link that appears in the Services or the Content?
use the Services or Content, or any portion
thereof, for any commercial purpose or for the benefit of any third party or in
a manner not permitted by these Terms, including but not limited to (a)
gathering in App items or resources for sale outside the App, (b) performing
services in the App in exchange for payment outside the App, or (c ) sell,
resell, rent, or lease the App or your Account?
collect or store any personally identifiable
information from the Services from other users of the Services without their
express permission?
violate any applicable law or regulation? or
encourage or enable any other individual to do
any of the foregoing.
Although we’re not obligated to monitor access
to or use of the Services or Content or to review or edit any Content, we have
the right to do so for the purpose of operating the Services, to ensure
compliance with these Terms, and to comply with applicable law or other legal requirements.
We reserve the right, but are not obligated, to remove or disable access to any
Content, at any time and without notice, including but not limited to, if we,
at our sole discretion, consider any Content to be objectionable or in
violation of these Terms. We have the right to investigate violations of these
Terms or conduct that affects the Services. We may also consult and cooperate
with law enforcement authorities to prosecute users who violate the law.
We welcome feedback, comments, and suggestions
for improvements to the Services (“Feedback”). You can submit Feedback by
reaching out to us through our website. You grant to us a nonexclusive,
worldwide, perpetual, irrevocable, fully paid, royalty free, sublicensable, and
transferable license under any and all intellectual property rights that you
own or control to use, copy, modify, create derivative works based upon, and
otherwise exploit the Feedback for any purpose.
Minar respects copyright law and expects its
users to do the same. It is Minar’s policy to terminate in appropriate
circumstances Account holders who repeatedly infringe or are believed to be
repeatedly infringing the rights of copyright holders.
As part of the gameplay, the Services and App
may contain links to third-party websites or resources or advertisements. We
provide these links only as a convenience and are not responsible for the
content, products, or services on or available from those websites, or
resources or links displayed. As user, you have granted permissions for such
contents and acknowledge sole responsibility for and assume all risk arising
from your use of any third-party websites or resources.
We may terminate your access to and use of the
Services, at our sole discretion, at any time and without notice to you. You
may cancel your Account at any time by accessing the Minar Help Center,
available at www.getminar.com. Upon any termination, discontinuation, or
cancellation of Services or your Account, the following provisions of these
Terms will survive: Arbitration Notice; Content Ownership; Rights Granted by
You; Effect of Termination on Trading Items, Virtual Money, and Virtual Goods;
Feedback; Disclaimer of Warranties; Indemnity; Limitation of Liability; Dispute
Resolution; General Terms; and this sentence of Termination.
YOUR USE OF THE APP AND SERVICES ARE AT YOUR
OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND CONTENT
ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE
FOREGOING, MNAR AND SLINGSHOT EXPLICITLY DISCLAIM ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR
NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE
OF TRADE. Minar and Slingshot and WIR Group make no warranty that the Services
will meet your requirements or be available on an uninterrupted, secure, or
error -free basis, and we make no warranty regarding the quality, accuracy,
timeliness, truthfulness, completeness, or reliability of any Content.
YOU ASSUME ALL RISKS RELATING TO YOUR ONLINE
OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND
WITH OTHER PERSONS WITH WHOM YOU COMMUNICATED OR INTERACT AS A RESULT OF YOUR
USE OF THE SERVICES. YOU UNDERSTAND THAT MINAR AND SLINGSHOT AND WIR GROUP DO
NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES. MINAR,
SLINGSHOT AND WIR GROUP MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT
OF USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL
COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER
PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE
SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
You will indemnify and hold harmless Minar and
Slingshot and WIR Group and their respective officers, directors, employees,
and agents, from and against any claims, disputes, demands, liabilities,
damages, losses, and costs and expenses, including, without limitation,
reasonable legal and accounting fees arising out of or in any way connected
with (a) your access to or use of the Services or Content, (b) your User
Content, or (c ) your violation of these Terms.
TO THE EXTENT PERMITTED BY APPLICABLE LAW,
NEITHER MINAR NOR SLINGSHOT OR WIR GROUP OR ANY OTHER PARTY INVOLVED IN
CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE TO
YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR GOODWILL,
SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE
SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF
OR INABILITY TO USE THE SERVICES OR CONTENT, OR FROM ANY COMMUNICATIONS,
INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR PERSONS WITH WHOM
YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER
BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR
ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MINAR, SLINGSHOT, OR WIR GROUP HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET
FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION OF LIABILITY
SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE
JURISDICTION.
IN NO EVENT WILL THE TOTAL LIABILITY OF MINAR,
SLINGSHOT, OR WIR GROUP ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR
FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED ONE THOUSAND
DOLLARS ($1,000). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE
FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MINAR AND YOU.
These Terms and any action related thereto
will be governed by the laws of the Republic of Indonesia without regard to its
conflict of laws provisions.
Agreement to Arbitrate
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES
BETWEEN YOU AND MINAR WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND
YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF
OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
You and Minar agree that any dispute, claim,
or controversy arising out of or relating to these Terms or the breach,
termination, enforcement, interpretation, or validity thereof or the use of the
Services or Content (collectively, “Disputes”) will be settled by binding
arbitration, except that each party retains the right to seek injunctive or
other equitable relief in a court of competent jurisdiction to prevent the
actual or threatened infringement, misappropriation, or violation of a party’s
copyrights, trademarks, trade secrets, patents, or other intellectual property
rights (“IP Protection Action”). The exclusive jurisdiction and venue of any IP
Protection Action will be the courts located in the Jakarta, Indonesia, and
each of the parties hereto waives any objection to jurisdiction and venue in
such courts. You acknowledge and agree that you and Minar are each waiving the
right to a trial by court or to participate as a plaintiff or class member in
any purported class action or representative proceeding in any court of law.
This “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules
The arbitration will be administered by the
Indonesian National Arbitration Board (Badan Arbitrase Nasional Indonesia or
“BANI”) in accordance with the BANI’s Arbitration Rules and Procedures (the
“BANI Rules”) then in effect, except as modified by this “Dispute Resolution”
section. Please refer to www.baniarbitration.org for BANI Rules.
Arbitration Process and Location
A party who desires to initiate arbitration
must provide the other party with a written Demand for Arbitration as specified
in the BANI Rules.Unless you and Minar otherwise agree, the arbitration will be
conducted in Jakarta, Indonesia.
Arbitrator’s Decision
The arbitrator will render an award within the
time frame specified in the BANI Rules. The arbitrator’s decision will include
the essential findings and conclusions upon which the arbitrator based the
award. Judgment on the arbitration award may be entered in any court having
jurisdiction thereof for enforcement. The arbitrator’s award of damages must be
consistent with the terms of the “Limitation of Liability” section above as to
the types and amounts of damages for which a party may be held liable. The
arbitrator may award declaratory or injunctive relief only in favor of the
claimant and only to the extent necessary to provide relief warranted by the
claimant’s individual claim. The decision will be final and binding.
Fees
Our responsibility to pay any BANI filing,
administrative, and arbitrator fees will be solely as set forth in the BANI
Rules.
These Terms and any action related thereto
will be governed by the laws of Indonesia without regard to its conflict of
laws provisions. These Terms constitute the entire and exclusive understanding
and agreement between Minar and you regarding the Services and Content, and
these Terms supersede and replace any and all prior oral or written
understandings or agreements between Minar and you regarding the Services and
Content. If any provision of these Terms is held invalid or unenforceable that
provision will be enforced to the maximum extent permissible, and the other
provisions of these Terms will remain in full force and effect. You may not
assign or transfer these Terms, by operation of law or otherwise, without
Minar’s prior written consent. Any attempt by you to assign or transfer these
Terms without such consent will be null. Minar may freely assign or transfer
these Terms without restriction. Subject to the foregoing, these Terms will
bind and inure to the benefit of the parties, their successors and permitted
assigns.
Any notices or other communications provided
by Minar under these Terms, including those regarding modifications to these
Terms, will be given: (a) via email, or (b) by posting to the Services. For
notices made by email, the date of receipt will be deemed the date on which
such notice is transmitted.
Minar’s failure to enforce any right or
provision of these Terms will not be considered a waiver of such right or
provision. The waiver of any such right or provision will be effective only if
in writing and signed by a duly authorized representative of Minar. Except as
expressly set forth in these Terms, the exercise by either party of any of its
remedies under these Terms will be without prejudice to its other remedies
under these Terms or otherwise.
This Agreement is made in English. Bahasa
Indonesia version is available, but due to the limitation of space, it will be
provided for you to access or will be sent to you, as requested. However, the
English version shall prevail should there is any difference in those different
versions.
Credit values from the Minar app may fluctuate
without prior notice.
Purchasing any prepaid credits from the Minar
app will cost you your Minar points. Please make sure to double check the
mobile phone number you have inputed before confirming the transaction. Minar will not take responsibility for
purchases made to incorrect phone numbers inputed in your Minar account. Please
always check before purchasing any prepaid credits from the Minar app.
Make sure to wait 5 minutes before purchasing
additional prepaid credits to make sure previous purchases are processed
completely. Minar will not take responsibility if Users purchase another credit
in under 5 minutes after purchasing previous credit.
Any complaints regarding prepaid credits
transactions must be reported to Minar via email at support@getminar.com within
7 days after the transaction date. Any complaints received after 7 days from
the purchase date will not be processed.
Contact Information
If you have any questions about these Terms or the
Services, please contact Minar at: support@getminar.com.