These Terms and Conditions are an agreement between the user (“You”) and PT DesktopIP Teknologi Indonesia (“We”), which is a limited liability company established and operating legally under the laws of the Republic of Indonesia and domiciled in DKI Jakarta, Indonesia. These Terms and Conditions govern you when accessing and using the application, website (https://qubiql.com), features, technology, content and products that we provide (hereinafter, collectively referred to as the “Platform”, “Qubiql”).
By using the Platform, you agree that you have read, understood, agreed to and are subject to these Terms of Use including any changes, modifications, additions and/or amendments from time to time.
If you do not agree with these Terms of Use, then you are not allowed to use the Platform.
These Terms of Use may be changed, modified, supplemented, or amended from time to time at our discretion, and without prior notice to you. You agree and accept your obligation to check these Terms and Conditions regularly on the Platform.
A. ACCOUNT CREATION
Before using the Platform, you agree to these Terms and Conditions and register yourself by providing the information we need. When registering, we will ask you to provide your full name, e-mail address and personal mobile phone number. We can also stop using the Qubiql Platform if in the future the data you provide to us is proven to be incorrect.
Our system will create an account on the Platform (“Account”) for you that can be used to use and access all services on the Qubiql Platform.
In the event that you have logged out of your account, then you need to enter the electronic mail address that you provided at the time of registering yourself and enter a password.
Your account can only be used by you, so you cannot transfer it to another person for any reason. We reserve the right to refuse to facilitate the Service if we know or have sufficient reason to suspect that you have transferred or allowed your account to be used by another person.
The security and confidentiality of your account, including your registered name, registered e-mail address, registered mobile phone number, is entirely your personal responsibility. All losses and risks arising from your negligence in maintaining security and confidentiality as stated are borne by you.
Accordingly, We will consider any use or order made through your Account as a valid request from you. You please notify us immediately if you know or suspect that your account has been used without your knowledge and consent. We will take actions that We deem necessary and We can take against such use without consent.
B. YOUR PERSONAL INFORMATION
The collection, storage, processing, use and sharing of your personal information, such as your name, email address, and mobile phone number that you provide when you open an Account is subject to the Privacy Policy, which is an integral part of these Terms and Conditions.
C. SERVICES AND SUBSCRIPTION FEES
You acknowledge that certain services from our Platform may not be available to you unless you subscribe to a subscription package available on our Platform, which now or in the future, will incur a subscription fee. You agree and acknowledge that any terms submitted to you during the process of using or subscribing to our Platform are considered part of these Terms of Use.
Your unlimited access to all services available on our Platform will only be active after you fill out and submit all required data and documents and complete all subscription fee payments in a timely manner. You acknowledge that the subscription fee may vary depending on the package and the subscription period you choose, the payment method and the availability of special offers that may be offered from time to time. Subscription fees are final and must be paid in advance.
You agree to pay the applicable subscription fee without any tax deduction or withholding. If a tax deduction or withholding is mandatory, you will be responsible for paying the additional amount as necessary for us to receive full payment of the applicable subscription fee. We will notify you of the reduction or withholding of the tax by sending an electronic transaction detail letter (invoice) to you.
You agree to provide and maintain the truth, accuracy and current of a payment information with the correct payment method. You agree to be responsible for any uncollected amounts due to payment settlement failure, including due to lack of funds or credit card expiration.
Once Qubiql has received full payment of your subscription fee, we will send you an electronic mail (email) informing you of receipt of the payment and the effective date of the subscription package you selected. Your subscription plan will not be activated until Qubiql receives full payment of your subscription fee. By submitting your payment information, you authorize Qubiql to provide such information to our relevant Partners to facilitate payment. You must ask the credit or debit card holder’s permission before entering payment details, if you do not use your own credit or debit card to pay the subscription fee.
You agree that we may stop providing you with unrestricted access to our Platform if prior to the expiration of your current subscription period, you fail to renew your subscription and settle the subscription fee for the next subscription period.
You understand that Qubiql may from time to time change prices or provide trials and special offers that may result in different amounts being charged to certain Users. You agree and accept the price changes by continuing to use the access provided by your subscription plan. The price change will take effect at the beginning of the next subscription period after the price change date.
D. REFUND
Unless expressly provided otherwise in these Terms of Use, subscription fees and other applicable fees cannot be changed, canceled, returned, exchanged or transferred to other people/parties.
You acknowledge and understand that we do not provide refunds or transfers of funds for any cancellation or termination of services on our Platform before your subscription period ends.
We accept refund requests for your subscription package payment with the following conditions:
- Refunds can be submitted by sending complete User data to our electronic mail (email) address at support@desktopip.com (“Refund Request”);
- The amount returned to you is not greater than the nominal amount you paid us;
- Refunds are made by transfer to the User’s bank account as stated in the Refund Application;
- The refund process will take approximately 7 (seven) working days;
- Refunds can only be approved if the User makes a payment to us in an amount that exceeds the price that should be paid by the User for his subscription package;
- Refunds will not be approved if the User chooses the wrong subscription package; and
- Refunds will not be approved if it is caused by the User changing his mind and deciding to cancel the purchase of our subscription package.
E. ACCESS PLATFORM
There are some areas with restricted access. We have the right to limit access to part or all of the Platform, in accordance with applicable policies as long as it does not affect the security and convenience of services on our Platform.
The use of the user ID and password is entirely the right and responsibility of the User as well as the owner of the user ID and password. All use and activities related to the associated user ID will be the responsibility of the owner registered in our database. We have the right to change or disable the related user ID if it is found to violate these Terms of Use or at the request of the owner of the user ID.
F. PROHIBITED USE
You are only allowed to use the Platform for lawful purposes. You may not use Our Platform:
- In ways that violate applicable local, national and international laws and regulations;
- In an unlawful or deceptive manner, or has an unlawful or deceptive purpose or effect;
- For the purpose of harming or attempting to harm a minor in any way;
- Send, knowingly receive, upload, download, use, or reuse material that is not in accordance with Our content standards;
- Disseminate or transmit unsolicited or unauthorized advertising or promotional materials, and other forms of similar solicitation (such as spam);
- Intentionally forwarding data, sending or uploading material containing viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware, or other malicious programs or similar computer code designed to have a detrimental effect on the operation of any software or hardware.
You also agree:
- Not to reproduce, duplicate, copy, or resell any part of Our Platform that conflicts with the provisions of the Platform Terms and Conditions.
- To not access without permission, interfere, damage or ruffle:
2.1 Any part of Our Platform;
2.2 The equipment or network on which the Platform is stored;
2.3 any software used in providing the Platform; or
2.4 Equipment or network or software owned by any third party.
G. INTELLECTUAL PROPERTY RIGHTS
Our platform, including but not limited to, names, logos, program codes, designs, trademarks, technologies, databases, processes and business models, is protected by copyrights, trademarks, patents and other intellectual property rights available under the laws of the Republic of Indonesia. registered in our name. We own all rights and interests in the Platform, including all intellectual property rights related to all the features contained therein and related intellectual property rights.
You may use any feature of Our Platform for your personal use for the duration of your subscription.
You may not modify paper or digital copies of any material that you have printed or downloaded in any way, and you may not use illustrations, photographs, video or audio clippings, or other graphics separately from the accompanying text.
You are prohibited from:
1.Copy, modify, print, adapt, translate, create copies of, distribute, license, sell, transfer, publicly display;
2.Publicly display, reproduce, transmit, broadcast via online and offline media, bypass, disassemble, or otherwise exploit any part of our Platform, including but not limited to paid content and materials on the Platform, both physically and digitally , during the subscription period or after subscribing to the Platform;
3. License, derivative license, sell, resell, transfer, assign, distribute, or otherwise exploit or share commercially Our Platform and/or other software associated with Our Platform in any way;
4. Reverse engineer or access Our Platform to:
4.1build a competitive product or service,
4.2build products based on ideas, features, functions, or graphics that are similar to Our Platform, or;
4.3copy ideas, features, functionality or graphics on Our Platform;
5.Launch automated programs or scripts including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses, worms, or any program that can increase server requests per second, or make the load too heavy which interferes with the operation and/or performance of Our Platform;
6. Use robots, spiders, search or site retrieval applications, or other manual or automated tools and processes to retrieve, index, mine data, or in any way duplicate or circumvent the navigational structure or appearance of Our Platform or its content;
7. Post, distribute, or reproduce in any way material with copyright, trademark or other proprietary information without the prior consent of the owner of the property rights;
8. Remove any copyright, trademark, or other proprietary rights notices contained in Our Platform. No license or right is granted to you implicitly or otherwise under any intellectual property rights owned or controlled by us and our licensors, except for the licenses and rights expressly granted in these Terms of Use. You may not use any part of the content on Our Platform for commercial purposes without previously obtaining a license to do so from Us or Our licensors.
H. CONTENT
You can use features that allow you to install, run and upload programs, content or materials to our Platform (hereinafter referred to as “Content”).
Users can access and use templates provided by Qubiql for goal setting. Users can also export their goals as templates. Templates are for guidance purposes only and do not constitute professional advice.
Uploaded content must:
- Accurate (where they state facts);
- Really meant (where they expressed an opinion); and
- Comply with applicable laws in Indonesia and in the country from which they are written.
Uploaded content must not:
- Contains material that defame someone;
- Contains obscene, offensive, hateful or inflammatory material;
- Promote content related to gambling, sweepstakes and/or betting;
- Promote sexually explicit material;
- Promote violence;
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- Promote hacking and/or cracking services;
- Promote access to fraudulent products, money laundering, multi-level marketing schemes, and pirated products;
- Promote access to trafficking in persons and human organs;
- Promote access to illicit substances and narcotics;
- Promote access to cigarettes and tobacco-based materials;
- Promote the unauthorized sale of products that require a license (eg drugs, explosives, firearms, etc.);
- Violate copyright, database rights, or trademarks of others;
- .Can deceive someone;
- Created in violation of any legal obligations to third parties, such as contractual obligations or confidentiality obligations;
- Promote any unlawful activity;
- Threatening, abusing, or invading another’s privacy, or causing unnecessary annoyance, inconvenience or anxiety;
- Can harass, offend, embarrass, worry or annoy anyone;
- Used to impersonate another person, or to falsify your identity or affiliation with another person;
- Give the impression that the Content is from Us, when it is not true; and 21.Advocating, promoting or assisting unlawful acts such as (as examples only) copyright infringement or computer abuse.
You warrant that the Content complies with the stated standards, and that you will be fully responsible to us and indemnify us for any breach of these warranties. Accordingly, you will be responsible for any loss or damage that we suffer as a result of your breach of warranty.
All Content that you upload to our Platform will be considered non-confidential, non proprietary and does not violate the intellectual property rights of any party, unless you state otherwise to us as described in our Platform’s Privacy Policy. You retain all ownership rights to your Content, but you are required to grant Us and other users of Our Platform a limited license to use, store and copy such Content.
We also reserve the right to disclose your identity to any third party who claims that the Content you post or upload is a violation of their intellectual property rights, or their right to privacy.
We are not responsible or liable by any third party, for the Content or the accuracy of any Content posted by you or other users of our Platform.
We reserve the right to delete any Content that you create on our Platform if, in our opinion, your content does not meet the content standards set out in our Terms and Conditions.
The views expressed by other users on Our Platform do not represent our views or values.
You are responsible for licensing the Content you use and complying with the license terms of such Content on Our Platform.
You are solely responsible for securing and backing up your Content.
I. REPORT OF POSSIBLE VIOLATIONS
If you find any content on Our Platform that you believe infringes any copyright, violates any other rights, is defamatory, pornographic or obscene, racist, or in any other way causes widespread infringement, or which constitutes impersonation, abuse , spam, or otherwise violates the Terms of Use and Privacy Policy or other Applicable Regulations, please report this to us via electronic mail to support@desktopip.com and/or by mail to the following address: Gedung Ayam Bulungan Jl. Bulungan No. 64, Kebayoran Baru, South Jakarta Indonesia.
Please ensure that you include, in the report (Report), the following information:
- A statement that you have identified content that violates or violates our Platform’s Terms and Conditions and Privacy Policy as well as other Applicable Regulations on Our Platform;
- A description of the infringement or illegal content and the link where the content is located;
- Screenshots of infringing or illegal content;
- Your full name, address and telephone number, e-mail address where you can be contacted, and your Account username if you have one.
By creating a Report, you will be deemed to have included, in the Report:
- A statement that you have a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the Report is accurate; and
- In cases where you report content that you believe violates copyright or other related rights, a statement that you are authorized to act on behalf of the owner of the copyright or other rights that are alleged to have been infringed.
J. ACTIONS THAT WE DEEM NECESSARY
If we know or have sufficient reason to suspect that you have committed immoral acts, violations, crimes or other actions that are contrary to these Terms and Conditions and/or applicable laws and regulations, whether referred to in these Terms and Conditions or not , then We have the right to and can freeze the Account, either temporarily or permanently, or terminate your access to the Platform, carry out inspections, claim compensation, report to the authorities and/or take other actions that we deem necessary, including criminal or civil legal action.
We will follow up by conducting an investigation and/or facilitating the person concerned to report to the authorities if we receive a report of a violation by you of these Terms and Conditions or a violation of the applicable laws and regulations, in connection with verbal harassment or violence, including but not limited to, on physical, gender, ethnicity, religion and race.
K. SERVICE GUARANTEE
The use of the Platform with any risks that may occur is the sole responsibility of the User. The content and content on the Platform is available on an as is basis and as available without any warranty whatsoever including any related guarantees for trading, buying and selling purposes, or other special uses. There is no guarantee that access to the Platform will always be hassle-free or error-free, and regardless of the results obtained.
L. THIRD PARTY LINKS
The use of links to the Platform by third parties outside the Qubiql is permitted as long as it does not violate these Terms of Use. There is no guarantee of the accuracy and/or availability of content based on information provided by third parties via the link to our Platform. The use of links to our Platform is not recommended when it is related to trading activities, or as a form of promotion and/or support of ideas, products, services, or other forms of third parties. We reserve the right to withdraw and/or cancel the granting of third party links to our Platform.
You agree that, in the event of links to and access to websites and other content provided by third parties outside of Qubiql on our Platform, we have no control over the content of those websites. We are not responsible for any part of the content provided by third parties. Access or use of content from these third parties by Users is a form of your agreement to comply with the terms of use, privacy policies and other policies set by these third parties.
M. SOFTWARE USE RESTRICTIONS
Any software that may be made available to download from Our Platform (“Software”) is the property of Qubiql and/or Third Party Providers. Use of the Software is governed by the End User Agreement that accompanies or is included with the Software.
You agree to the terms of the End User Agreement by installing, copying or using the Software. The Software is available for download solely for your use in accordance with the Agreement. Without limiting the foregoing, unauthorized copying or reproduction of the Software to any server or other device for reproduction or redistribution is expressly prohibited.
N. PLATFORM DEVELOPMENT
We reserve the right to develop, change, and/or adjust the content and services of the Platform permanently or for a certain time, with or without prior notification to the User.
O. PRIVACY GUARANTEE
We are committed to maintaining the security and confidentiality of personal data provided by Users when accessing and using the Platform (“Personal Data”). In this case, the Personal Data is provided by the User knowingly and without any pressure or coercion from any party, and is fully responsible for maintaining the confidentiality of the Personal Data. More complete information related to privacy security can be seen in the Privacy Policy section
You hereby acknowledge that you have read and fully understand the content and consequences of our Privacy Policy, and you irrevocably agree and accept to be bound by the terms of our Privacy Policy.
P. YOUR RESPONSIBILITY
You are solely responsible for the decisions you make to use or access the Platform. You must behave with respect and must not engage in any unlawful, threatening or harassing behavior or actions when using the Platform.
You are responsible for your personal well-being and should consult with healthcare professionals for personalized advice. Qubiql is not liable for any consequences arising from users’ health-related decisions.
You are fully responsible for any losses and/or claims arising from the use of the Platform through your Account, either by you or by other parties who use your Account, in a manner that is contrary to these Terms and Conditions, Privacy Policy or applicable laws and regulations. applicable, including but not limited to anti-money laundering, anti-terrorism financing, criminal activity, fraud in any form (including but not limited to phishing and/or social engineering), intellectual property rights infringement, and/or other harmful activities. public and/or any other party or that can or is considered to damage our reputation.
We do not guarantee that Our Platform will be secure or free from bugs or viruses. You are responsible for managing the information technology, computer programs, and platforms that you use to access our Platform. You must use your own anti-virus software.
Q. LIMITATION OF LIABILITY
You understand and agree that the services on our Platform are provided as is and as available. To the extent permitted by applicable laws and regulations, we do not, either expressly or impliedly, make a guarantee, support or provide any representation in any form in connection with the provision of services on our Platform. This includes but is not limited to implied warranties of merchantability and suitability for a particular purpose and no infringement, and warranties that access to or use of the Platform will not be interfered with or not. any errors or defects on the Platform will be corrected.
To the extent permitted by applicable laws and regulations, in no case will we be liable for any form of loss or damage, either directly or indirectly, or loss of data, use, goodwill, or other intangible losses, resulting from because:
- Your access to use or use of or inability to access or use the Platform;
- Any actions or content provided by third parties relating to the Platform;
- Unauthorized access, use or alteration of any content on the Platform or;
- Other problems that arise are not caused by our violation of these Terms of Use.
To the extent permitted by applicable laws and regulations, Qubiql’s total liability for any claims arising from its violation of these Terms of Use, is limited to the amount you pay Qubiql to use the services on our Platform.
By using and accessing the Platform, you agree that any answers, information, materials and content displayed on the Platform are in accordance with our best knowledge and intentions, and you agree to independently verify the authenticity and correctness of the published answers, information, materials and content. . Any action you take on the basis of the information contained on the Platform is your own responsibility and risk and we are not responsible for the consequences of your actions.
R. ACCOUNT DELETION
Qubiql allows you to manage your account by controlling, protecting, securing, and including deleting the account if necessary. Please contact us via support@desktop.com to assist you with account deletion.
Before deleting an account, please note a few things you need to know if you delete a Qubiql Account:
- All personal data such as name, email and all personalization and settings will also be deleted.
- Permanent account deletion will occur immediately after confirmation without waiting period.
- After the account is deleted, all devices connected to the Qubiql account will be automatically redirected out of the account.
S. FORCE MAJEURE
The Qubiql Platform may be interrupted by events beyond our authority or control, including but not limited to natural disaster events, disease outbreaks, riots, wars, fires, sabotage, general strikes, power outages, telecommunications disruptions, government policies, and others (“Force Majeure”). You agree to indemnify and release Qubiql from any claims and demands, if we are unable to facilitate access and/or use of the Platform, either in part or in full, due to a Force Majeure.
T. APPLICABLE LAW
These Terms of Use are governed by and construed in accordance with the laws of the Republic of Indonesia. You agree that any and all disputes arising out of or in connection with these Terms of Use (“Disputes”) will be endeavored to be resolved amicably within 30 days. In the event that an amicable settlement cannot be reached within that time period, you agree to submit to the non-exclusive jurisdiction of the South Jakarta Court. Submission to such jurisdiction by you will not (and will not be construed as) limiting our right to initiate legal action or legal proceedings over a Dispute before or with any other district court or court in any jurisdiction, either concurrently or separately.
U.Health Content and Services
Qubiql includes features related to health and wellness. Users are solely responsible for their health-related goals and activities. Qubiql is not a substitute for professional medical advice, diagnosis, or treatment.
U. OTHER TERMS
You understand and agree that these Terms and Conditions are an agreement in electronic form and your action of pressing the register button when opening an account or the login button when accessing your account is your active agreement to enter into an agreement with us so that the validity of these Terms and Conditions and the Policy Privacy is legal and legally binding and continues to apply throughout your use of the Platform.
We may update the Platform from time to time and change its content at any time. However, please note that Our Platform may have content that is not updated at certain
times, and We are not responsible for updating it. We do not guarantee that Our Platform, nor the content contained therein, can be completely free from errors or omissions.
You will not make any claim or objection to the validity of the Terms and Conditions or the Privacy Policy made in electronic form.
You may not transfer your rights under these Terms and Conditions without our prior written consent. However, we may transfer our rights under these Terms and Conditions at any time to other parties without the need to obtain prior approval from or provide prior notice to you.
If you do not comply with or violate the provisions of these Terms and Conditions, and we do not take action directly, it does not mean that we waive our right to take necessary action in the future.
These Terms remain in effect even after the temporary suspension, permanent suspension, deletion of the Platform or after the expiration of this agreement between You and Us.
If any of the provisions of these Terms and Conditions is unenforceable, it will not affect the other provisions.
V. HOW TO CONTACT US
To contact us, please send an e-mail to support@desktopip.com
I have read and understood all of these Terms and Conditions and their consequences and hereby accept all rights, obligations and conditions set forth therein.
(These Terms and Conditions were last updated in December 2023)