These Terms of Use shall govern the access to and/or use of the online platforms of PT. Salvus Prima Perkasa (“Salvus Health”) including, but not limited to, the mobile application, website, and social media accounts (collectively the “Sites” or “Site”). It shall be the sole responsibility of the User to fully read and understand these Terms of Use in accessing the Site or Sites and/or using the Site Services. Access of the Site or Sites and/or use of the Site Services shall constitute acceptance of, and agreement to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not access and/or use the Site or Sites
1. DEFINITIONS
Section 1 states the meaning of the following words and phrases used in these Terms of Use.
“Site or Sites” refers to the mobile application, website, and social media accounts owned and maintained by Salvus Health, which are online platforms where Clients and Salvus Health Partners can identify and connect with each other for the purpose of executing an agreement on performance of various services required by Client.
“Site Services” refers to the hosting and maintenance of the Site or Sites by Salvus Health.
“User” refers to any person or entity that accesses and/or uses the Site or Sites whether as a visitor, Client or as a Salvus Health Partner.
“Salvus Health Account” refers to the arrangement in which Salvus Health grants the User the right to access and use the Site or Sites and Site Services upon compliance by the User of Salvus Health requirements.
“Client” refers to any person or entity that requires the performance of certain services which are offered by Salvus Health.
“Salvus Health Partner” refers to any person or entity that offers the performance of services through the Site or Sites.
“Payment Method” means a valid credit card issued by a bank acceptable to Salvus Health, or such other method of payment as Salvus Health may accept from time to time in its sole discretion.
2. PURPOSE OF SALVUS HEALTH
Section 2 discusses what Salvus Health does and does not do when allowing use of the Site and providing the Site Services.
2.1. SALVUS HEALTH BUSINESS ACTIVITY
Salvus Health is a third-party administrator company that owns and maintains the Site or Sites and makes the Site and Site Services available to Users to enable Salvus Health to administer its services and to enable Salvus Health Partners and Clients to find and transact directly with each other. Through the Site and Site Services, Salvus Health Partners may be notified of Clients seeking the services they offer, and Clients may be notified of Salvus Health Partners that may offer the services they seek
3. SALVUS HEALTH ACCOUNTS
Section 3 states the requirements and consequences of creation of a Salvus Health Account.
3.1. REGISTRATION AND ACCEPTANCE
To access and use certain portions of the Site or Sites and Site Services, a User must register for a Salvus Health Account. By registering for a Salvus Health Account and by accepting the Terms of Use when prompted on the Site or Sites, a User agrees to be bound and to abide by the provisions of these Terms of Use and subsequent changes. Salvus Health reserves the right to decline a registration for a Salvus Health Account or to add to an Account or Accounts of a User. Certain portions of the Site or Sites are available to Site visitors, including those portions before Account registration is accepted. These Terms of Use shall be applicable with respect to access of such portions by Site visitors.
3.2. ACCOUNT ELIGIBILITY
Salvus Health offers the Site and Site Services for lawful business and individual needs of the User. With the registration of a Salvus Health Account and use of the Site and Site Services, it is represented and warranted that the User: (a) will use the Site and Site Services for valid business and individual purposes only; (b) has capacity to enter into contracts and is of majority age, if the User is an individual who registers a Salvus Health Account in their personal capacity; (c) is duly authorized to enter into binding contracts, including these Terms of Use, and to create and register a Salvus Health Account on behalf of a company, if the User is an employee, officer, agent, or representative of a company; (d) has a valid and duly registered business, if the User is a self-employed individual/sole proprietor, corporation, limited liability company, or other juridical entity; (e) is compliant with any registration, licensing, permit, or other requirements with respect to the conduct of business, if the User is engaged in business.
3.3. ACCOUNT PROFILE
To register for a Salvus Health Account to join the Site, a User must complete a User profile (“Profile”) which the User consents to be shown to other Users and Salvus Health Partners as appropriate. The User agrees to provide true, accurate, and complete information in the Profile, in all registration and other forms on the Site or Sites completed by the User, or in other documents that the User provides to Salvus Health. In addition, the User shall be responsible in updating their own information in the Site or Sites. The User agrees not to provide any inaccurate, false or misleading information in the Site or Sites and the User shall rectify or correct any information that is or becomes false or misleading.
3.4. IDENTITY AND LOCATION VERIFICATION
From time to time, a registered Salvus Health Account will be subject to verification, including, but not limited to, validation against third-party databases or official government or other legal documents that confirm the User’s identity, location, and other relevant matters. Subject to the existing law and regulations on data privacy, by registering a Salvus Health Account, a User authorizes Salvus Health, directly or through third parties, to require submission of documents and information and make inquiries necessary to validate a User’s identity, location, ownership of e-mail address and credit card accounts registered with Salvus Health, and other related matters. When requested by Salvus Health, a User must provide timely and complete information necessary for the verification and validation of the User’s Salvus Health Account.
3.5. USERNAMES AND PASSWORDS
When a User registers for a Salvus Health Account, the User will be asked to identify a username and password for the Salvus Health Account. The User is entirely responsible for safeguarding and maintaining the confidentiality of the username and password and agrees not to share such username and password with any person who is not authorized to use the Account. The User authorizes Salvus Health to assume that any person using the Site or Sites with the User’s username and password has been duly authorized by the User. The User agrees to notify Salvus Health immediately if it is suspected or it becomes known by the User that there has been unauthorized access of Account or any unauthorized use of the username and/or password for the User’s Salvus Health Account.
3.6. REVOCATION AND CLOSURE OF ACCOUNT
Salvus Health reserves the right, in its sole discretion, to revoke the registration of an Account/s without prior notice to the affected User if such User violates the Terms of Use and upon finding that misleading information has been provided in creating, marketing, or maintaining the Profile or Account.
4. TRADEMARKS AND INTELLECTUAL PROPERTY RIGHTS
Section 4 discusses the intellectual property rights of Salvus Health.
4.1. The Salvus Health names and logos
The Salvus Health names and logos and all related names, design marks and slogans are the trademarks or service marks of Salvus Health
4.2. Salvus Health is the owner of all the materials
Salvus Health is the owner of all the materials: illustrations, photographs, video or audio sequences or any graphics published on the Site or Sites. Those works are protected by copyright laws and treaties around the world. All such rights are reserved and may not be used without Salvus Health’ expressed approval in writing.
4.3 Salvus Health must not use any part of the materials
Salvus Health must not use any part of the materials on the Site or Sites for commercial purposes without obtaining a license to do so from us or from our licensors. Reproduction or use of said materials in any format, digital or otherwise, for purposes of promotion, publication, display or distribution beyond the scope of these Terms of Use is prohibited without a written permission from Salvus Health. Unauthorized use of the Site or Sites may give rise to a claim for damages and/or be a criminal offense.
5. WARRANTY AND LIMITATION OF LIABILITY
Section 5 discusses Salvus Health warranty and liability limitation to Users.
5.1. SALVUS HEALTH WARRANTY
SALVUS HEALTH WARRANTY THE SITE AND THE SITE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SALVUS HEALTH MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SITE, THE SITE SERVICES, WORK PRODUCT, OR ANY ACTIVITIES OR ITEMS RELATED TO THIS TERMS OF USE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SALVUS HEALTH DISCLAIMS ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SOME
5.2. LIMITATION OF LIABILITY OF SALVUS HEALTH
Salvus Health is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with the Terms of Use, including, but not limited to: your use of or your inability to use Salvus Health Site or Sites or Site Services; delays or disruptions in Salvus Health Site or Sites or Site Services; viruses or other malicious software obtained by accessing, or linking to Salvus Health Site or Sites or Site Services; glitches, bugs, errors, or inaccuracies of any kind in Salvus Health Site or Sites or Site Services; damage to your hardware or device from the use of the Salvus Health Site or Sites or Site Services; the content, actions, or inactions of third parties’ use of the Salvus Health Site or Sites or Site Services; a suspension or other action taken with respect to User’s Account; User’s reliance on the quality, accuracy, or reliability of job postings, Profiles, ratings, recommendations, and feedback (including their content, order, and display), Composite Information, or metrics found on, used on, or made available through the Salvus Health Site or Sites; and User’s need to modify practices, content, or behavior or User’s loss of or inability to do business, as a result of changes to the Terms of Use. ADDITIONALLY, IN NO EVENT WILL SALVUS HEALTH, OUR AFFILIATES, OUR LICENSORS, OR OUR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT COSTS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA, PRODUCTION, PROFIT, OR BUSINESS OPPORTUNITIES. THE LIABILITY OF SALVUS HEALTH, OUR AFFILIATES, OUR LICENSORS, AND OUR THIRD-PARTY SERVICE PROVIDERS TO ANY USER FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE OTHER TERMS OF SERVICE WILL NOT EXCEED THE LESSER OF: (A) $1.00 OR (B) ANY FEES RETAINED BY SALVUS HEALTH WITH RESPECT TO SERVICE CONTRACTS ON WHICH USER WAS INVOLVED AS CLIENT OR SALVUS HEALTH PARTNER DURING THE SIX-MONTH PERIOD PRECEDING THE DATE OF THE CLAIM. THESE LIMITATIONS WILL APPLY TO ANY LIABILITY, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE OTHER TERMS OF SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.
6. INDEMNIFICATION
Section 6 discusses User’s agreement to pay for any costs or losses Salvus Health may incur as a result of a claim brought against Salvus Health related to User’s use of the Site or Site or Site Services. Users will indemnify, defend, and hold harmless Salvus Health, its affiliates, irectors, officers, employees, representatives, and agents (each an “Indemnified Party”) for all Indemnified Claims (defined below) and Indemnified Liabilities (defined below) relating to or arising out of: (a) the use of the Site or Sites and the Site Services by Users or User’s agents, including any payment obligations or default incurred through use of the Site Services; (b) any Service Contract entered into by Users who have connected with each other through the Site or Sites; (c) any employment related claims between Users and their employees, such as those relating to employment termination, employment discrimination, harassment, or retaliation; and any claims for unpaid wages or other compensation, overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, or any other employee benefits; (d) failure to comply with the Terms of Use by Users or their agents; (d) failure to comply with applicable law by Users or their agents; (e) negligence, wilful misconduct, or fraud by Users or their agents; and (f) defamation, libel, violation of privacy rights, unfair competition, or infringement of Intellectual Property Rights or allegations thereof to the extent caused by Users or their agents. For purposes of this Section 6, User’s agents includes any person who has apparent authority to access or use a User’s account demonstrated by using User’s username and password. “Indemnified Claim” means any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by User or a third party or other User against an Indemnified Party. “Indemnified Liability” means any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by an Indemnified Party against User or a third party or other User.
7. AGREEMENT TERM AND TERMINATION
Section 7 discusses User’s and Salvus Health’ agreement about when and how long these Terms of Use will last, when and how either User or Salvus Health can end the binding effect of these Terms of Use.
7.1. TERMINATION
Unless both User and Salvus Health expressly agree otherwise in writing, either of User or Salvus Health may terminate the binding effect of these Terms of Use Agreement at any time, without explanation, upon written notice to the other. User may provide written notice of termination through the Site or Sites. In the event User properly terminates the binding effect of the Terms of Use, the User’s right to use the Site or Sites and Site Services is automatically revoked, and the User’s Account will be closed. As Salvus Health is not a party to any Service Contract between Users, termination of this Agreement (or attempt to terminate this Agreement) does not terminate or otherwise impact any Service Contract or Project entered into between Users. If a User attempts to terminate the binding effect of these Terms of Use while having one or more pending Projects, Users agree (a) Users will continue to be bound by these Terms of Use until all such Projects have been closed on the Site or Sites; (b) Salvus Health will continue to perform those Site Services necessary to complete any open Project or related transaction between Users; and (d) Users will continue to be obligated to pay any amounts accrued but unpaid as of the date of termination or as of the closure of any pending Service Contracts, whichever is later, to Salvus Health for any Site Services or such other amounts owed under the Terms of Use and to any Salvus Health Partners for any Salvus Health Partner Services. Without limiting Salvus Health’ other rights or remedies, Salvus Health may temporarily or indefinitely revoke access to the Site or Sites or Site Services, deny User’s registration, or permanently revoke User’s access to the Site and refuse to provide any or all Site Services to users if: (i) Users breach any terms and conditions of this Terms of Use, (ii) Salvus Health suspects or becomes aware that Users have provided false or misleading information to Salvus Health, or (iii) Salvus Health believes that User’s actions may cause legal liability for other Users, Salvus Health or its Affiliates, may be contrary to the interests of the Site or Sites or other Users, or may involve illicit or illegal activity. If a User’s Account is temporarily or permanently closed, such User may not use the Site under the same Account or a different Account or reregister under a new Account without Salvus Health’ prior written consent. If a User attempts to use the Site under a different Account, Salvus Health reserves the right to reclaim available funds in that Account and/or use an available Payment Method to pay for any amounts owed by a User to Salvus Health to the extent permitted by applicable law. Users acknowledge and agree that the value, reputation, and goodwill of the Site or Sites depend on transparency of User’s Account status to all Users. Users therefore agree as follows: IF SALVUS HEALTH DECIDES TO TEMPORARILY OR PERMANENTLY CLOSE A USER’S ACCOUNT, SALVUS HEALTH HAS THE RIGHT, WHERE ALLOWED BY LAW, TO: (A) NOTIFY OTHER USERS THAT HAVE ENTERED INTO SERVICE CONTRACTS WITH SUCH USER TO INFORM THEM OF THE USER’S CLOSED ACCOUNT STATUS, (B) PROVIDE THOSE USERS WITH A SUMMARY OF THE REASONS FOR A USER’S ACCOUNT CLOSURE. USERS AGREE THAT SALVUS HEALTH WILL HAVE NO LIABILITY ARISING FROM OR RELATING TO ANY NOTICE THAT IT MAY PROVIDE TO ANY USER REGARDING CLOSED ACCOUNT STATUS OR THE REASON(S) FOR THE CLOSURE.
7.2. ACCOUNT DATA ON CLOSURE
Except as otherwise required by law, if a User’s Account is closed for any reason, a User will no longer have access to data, messages, files, or other materials a User keeps on the Site and that any closure of a User’s Account may involve deletion of any content stored in such User’s Account for which Salvus Health will have no liability whatsoever. Salvus Health, in its sole discretion and as permitted or required by law, may retain some or all of such User’s Account information.
7.3. DISPUTE RESOLUTION
Any dispute arising out of or in connection with these Terms of Use, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Indonesia in accordance with Indonesia arbitration rules. The language of the arbitration shall be Bahasa Indonesia. The fees of the arbitrator shall be borne equally by the parties, provided that the arbitrator may require that such fees be borne in such other manner as the arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.
7.4. SURVIVAL
After the termination of the Account of a User, the terms of these Terms of Use that expressly or by their nature contemplate performance after the binding effect of these Terms of Use terminates or expires will survive and continue in full force and effect. For example, the provisions requiring arbitration, permitting audits, protecting intellectual property, requiring non-bypass, indemnification, payment of fees, reimbursement and setting forth limitations of liability each, by their nature, contemplate performance or observance after the termination of a User Account. Without limiting any other provisions of the Terms of Use, the termination of a User Account for any reason will not release a User or Salvus Health from any obligations incurred prior to termination of a User Account or the binding effect of these Terms of Use or that thereafter may accrue in respect of any act or omission prior to such termination.
8. GENERAL
Section 8 discusses additional terms of the agreement between User and Salvus Health.
8.1. ENTIRE AGREEMENT
This Agreement, together with the other Terms of Use, sets forth the entire agreement and understanding between User and Salvus Health relating to the subject matter hereof and thereof and cancels and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between you and us, written or oral, to the extent they relate in any way to the subject matter hereof and thereof. The section headings in the Terms of Use are included for ease of reference only and have no binding effect. Even though Salvus Health drafted the Terms of Use, Users represent that they had ample time to review and decide whether to agree to the Terms of Use. If an ambiguity or question of intent or interpretation of the Terms of Use arises, no presumption or burden of proof will arise favoring or disfavoring User or Salvus Health because of the authorship of any provision of the Terms of Use.
8.2. MODIFICATIONS; WAIVER
No modification or amendment to the Terms of Use will be binding upon Salvus Health unless in a written instrument signed by a duly authorized representative of Salvus Health or posted on the Site or Sites by Salvus Health. Salvus Health’ failure to act with respect to a breach by a User does not waive Salvus Health’ right to act with respect to subsequent or similar breaches. Salvus Health does not guarantee it will take action against all breaches of these Terms of Use.
8.3. ASSIGNABILITY
User may not assign the Terms of Use, or any of its rights or obligations hereunder, without Salvus Health’ prior written consent in the form of a written instrument signed by a duly authorized representative of Salvus Health. Salvus Health may freely assign this Agreement and the other Terms of Use without User’s consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, the Terms of Use are binding upon and will inure to the benefit of the successors, heirs, and permitted assigns of the parties.
8.4. SEVERABILITY
If and to the extent any provision of these Terms of Use is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof will be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability and will be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction will not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.
8.5. FORCE MAJEURE
Salvus Health and the User will not be responsible for the failure to perform or any delay in performance of any obligation hereunder for a reasonable period due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party.
8.6. GOVERNING LAW/CHOICE OF LAW
These Terms of Use shall be governed and interpreted pursuant to the laws of Indonesia.