Terms & Conditions

This document comprises the Terms and Conditions (“Agreement”) and when accepted by you in the manner described below will constitute a legally binding contract between PT Edukasi Digital Indonesia (“we” or “us”), a limited liability company incorporated under the laws of Indonesia, and you.

We are the authorised provider of the Service (as defined herein) in Indonesia. It is a condition precedent to you being able to access, purchase, use or register for any Service from us that you must read and agree to be bound by each and every one of the terms and conditions contained in this Agreement. Should you access any component of the Service or use or register for the Service in any way, such activities on your part expressly means that you have read this Agreement and agree to be bound by the terms and conditions contained herein.

Should you not agree to be bound by each and every term and condition contained in this Agreement, you must not access, buy, use or register for the Service in any way.

1. The Service

The Service comprises online provisions of video lessons (or also known as “Quipper Video”) and any other content such as information, data, text, music, sound, photographs, graphics or other materials provided for learning purpose (“Quipper Non-Video Content”) (Quipper Video and Quipper Non-Video Content shall be collectively referred to as the “Digital Content”). The Service may be provided either directly to a user or through a bulk purchase by an intermediary institution (such as school) subject to a separate customer agreement between us and such intermediary institution.

The Service allows you to access and view the Digital Content in two ways i.e. by streaming, in respect of the Digital Content in the form of Quipper Video, and by downloading a copy, in respect of the Digital Content in the form of Quipper Non-Video Content. As indicated on the product detail pages of the Service, some Digital Content may be available for streaming only and some Digital Content may be available for download only.

We reserve the right to refuse to allow use of Service to any party for any reason we consider appropriate in our absolute discretion.

2. Requirements for Use of the Service

The Service can only be subscribed by persons of age 21 years old or older. Children and persons under 21 years old should review this Agreement with their parent or legal guardian to ensure that each of them understand the terms and conditions of this Agreement. The subscription of the Service by children or persons under 21 years old shall be made by the parent or legal guardian of the respective child or person.

The Service is only available to customers in the territory of Indonesia and we may use technologies to verify your location.

The use of the Service requires compatible devices and Internet access, may require periodic updates and it may be affected by the performance of these factors. High speed Internet access is strongly recommended and is required for Quipper Video. You agree that meeting these requirements, which may change from time to time, is your responsibility.

3. Your Account

You can only subscribe for the Service if you have registered as a member or become a user on any of Quipper service platform. Quipper service platform is a service owned and operated by Quipper Limited, a private company limited by shares and incorporated under the laws of England and Wales (no 07472875). You acknowledge that you are also bound by the terms and conditions of use provided in https://www.quipper.com/en/terms, all rules and policies related to any of these Quipper platforms (as applicable).

When you have subscribed for the Service, we will provide you with an access code which will enable you to access and use the Service (“Access Code”). You must not allow others to use your account (your Access Code).

Don't reveal your Access Code information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Access Code and for all activities that occur on or through your Access Code, and you agree to immediately notify us of any security breach of your Access Code. We are not responsible for any losses arising out of the unauthorised use of your Access Code.

You understand and agree that your domain administrator may have access to your account, and may suspend or terminate your account access and your ability to modify your account.

4. Digital Content

The Service will allow you to (a) access the Digital Content on a subscription basis for viewing over a limited period of time during a subscription period (for example, Quipper Video) and (b) access the Digital Content on a subscription basis for viewing over a limited period of time during a subscription period and subsequently downloading the Digital Content to your own devices for your further use for indefinite period of time (for example, Quipper Non-Video Content).

The basis on which the Digital Content is available on the Service will be indicated on the product detail page for that Digital Content on the Service. From time to time, we may add or remove the Digital Content from the Service and may change the basis on which the Digital Content is available on the Service.

We reserve the right to include such Digital Content as we consider appropriate in the Service at our absolute discretion.

In relation to Quipper Video, you may stream the videos online through your Web browser and tablets or any other devices which are compatible with the Service. You may stream up to one video at a time. You may stream the same video to no more than one device at a time. You may watch and re-watch your streaming videos as often as you want and as long as you want (subject to the limitations described in this Agreement).

In relation to Quipper Non-Video Content, you may download the content that you have purchased as often as you want to any number of compatible devices using the same Access Code. But some Quipper Non-Video Content that you have previously acquired may not be available for subsequent download at any given time, and we have no liability to you in such event.

The Digital Content will generally continue to be available to you for streaming or download from the Service, as applicable. However, the Digital Content may become unavailable due to potential content provider licensing restrictions and for other reasons such as maintenance or repair of the Digital Content. Should this occur, we will not be liable to you if the Digital Content becomes unavailable for further download or streaming.

When you stream the Digital Content, the resolution and quality of the Digital Content you receive will depend on a number of factors, including the type of compatible device on which you are streaming the Digital Content and your bandwidth, which may go up and down over the course of your viewing. If we detect that your streaming to the Digital Content may be interrupted or otherwise not play properly due to bandwidth constraints or other factors, we may decrease the resolution and file size of the Digital Content we stream to you in an effort to provide an uninterrupted viewing experience. While we strive to provide you with a high quality viewing experience, we make no guarantee as to the resolution or quality of the Digital Content you will receive when streaming.

When you download the Digital Content, you are responsible for all risks or loss of Digital Content after download. As you may not be able to subsequently download certain previously-acquired Quipper Non-Video Content, once you have downloaded an item of Quipper Non-Video Content, you may also want to back up such content for your own benefit. If you are unable to complete a download, please contact our customer service.

5. Subscription

You may subscribe to the Service for a subscription basis fee. Please see https://video.quipper.com/ for current and specific subscription features and pricing that we currently offer. Prices of any subscription features may change at any time and we do not provide any price protection or refunds in the event of a price reduction or promotional offering.

The specific Digital Content and amount of the Digital Content available will generally change over time and we make no guarantee as to the availability of specific Digital Content and the minimum amount of Digital Content available in any subscription.

The subscription is non-refundable and cannot be cancelled (except as required by applicable law). Subject to the terms hereof, you may choose to renew your subscription at the end of the subscription period. When a subscription ends, we may disable or delete the Access Code if the subscription is not renewed. You will no longer be able to use the Access Code and access our Service after the end of your subscription period.

We reserve the right to deny subscriptions, renewals, and other purchases of Service for any reason.

6. Payment and Taxes

You agree that you will pay for all Services you purchase and that we may charge your payment method for any products purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing us with a valid payment method for payment of all fees.

Your total price includes the price of the subscription and any applicable tax. The tax rate will be subject to the tax rate in effect at the time you subscribed for the Service.

All sales are final.

7. Software

You may need to install relevant software that we introduce from time to time to use the Service and to access or download the Digital Content (the “Software”). The terms and conditions contained in https://www.quipper.com/id/video-terms apply to your use of the Software.

The Software may provide us with data about your compatible device and its interaction with the Service (such as device type and unique device identifiers that allow us to link your compatible device to your Service account) and the information related to the Digital Content you stream or download. Any information we receive is subject to our privacy policy provided at https://www.quipper.com/id/video-privacy.

8. Intellectual Property

You acknowledge and agree that the Service including but not limited to the Digital Contents or any other content provided within or via the Service, contain proprietary information and material and are protected by the applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information and material in any way whatsoever except for use of the Service in compliance with this Agreement. You agree not to modify rent, lease, loan, sell, distribute or create derivative works in a whole or in part based on the Service in any manner. You agree not to copy, publish, reproduce or broadcast the Service in any form by any means, except as expressly permitted in this Agreement.

You agree that you have been suitably notified of any trade mark, trade dress, service mark, copyright, patent or any other intellectual property rights or property rights of any nature applicable to the Service and any violation by you of any such property rights is fairly deemed to be wilful in nature.

We ask others to respect our intellectual property rights, and we respect the intellectual property rights of others. If you believe that material linked to by us violates your copyright, you are encouraged to notify us in accordance with our copyright infringement policy.

If a user infringes or repeatedly infringes any of our intellectual property rights or others, we may, in our sole discretion, terminate or deny access to and use of the Service. In this case, we will have no obligation to provide a refund of any amounts previously paid to us.

9. Licence

We grant you a limited and non-exclusive licence to access and use the Service and the Digital Content for your own personal and non-commercial use, during the applicable subscription period.

10. Privacy Policy

For information about our data protection practices, please see our Privacy Policy at https://www.quipper.com/id/video-privacy.

We may process anonymous data which may include data relating to you and we may process aggregated data including providing those data to third parties with a legitimate interest such as education authorities.

11. Termination of Service

If you fail, or we suspect that you have failed, to comply with any of the provisions of this Agreement, we at our absolute discretion may terminate this Agreement and/or your account. A notification will be sent to you should this termination happen.

Notwithstanding the above provision, we reserve the right to change, terminate, or otherwise permanently or temporarily discontinue the Service or any of its part at any time for any reason we deem fit. A notification will be sent to you should this happen.

Article 1266 of Indonesian Civil Code is hereby waived and therefore no court or arbitration order is required to terminate under this provision.

12. No Warranty and Limitations of Liability

We do not make any representations or warranties regarding the availability, suitability, reliability, merchantability, non-infringement, capability, usefulness or fitness for any general or particular purpose of the Service including but not limited to any of its tools, platform, products, contents or services herein supplied or sold, or regarding the characteristics of the Service, or regarding the timeliness of the Service, or regarding the accuracy or usefulness of information obtained from or through the Service.

The Service including but not limited to any of its tools, platform, products, contents or services herein contained, distributed, sold or published are provided to you "As Is, Where Is", without any warranty of any kind, express or implied.

We do not warrant that the Service will meet your specific requirements, will be uninterrupted, timely, secure or error-free, or that the results obtained from using Service will be accurate or reliable. The quality of Service that we provide may not necessarily meet with your expectations. Should there be present any errata or error in any aspect of our Service, we may not correct them in a timely manner or at all.

We shall not, and our directors, officers, employees, affiliates, agents, contractors, licensors or assigns shall not, in any case be liable for any damage or injury caused by the Service in any form whatsoever including but not limited to failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or online failure.

13. Indemnity

By using the Service, you agree, to the extent permitted by law, to indemnify and hold harmless us, our directors, officers, employees, affiliates, agents, contractors, licensors or assigns, against any claim arising out of your breach of this Agreement, your use of the Service, or any action taken by us as part of our investigation of a suspected violation of this Agreement or as a result of its findings or decisions that a violation of this Agreement has occurred.

14. Content Issues

We do not screen any Digital Content provided under the Service and you agree that we do not have any duty to do so prior to such Digital Content being published under the Service, but we reserve the right to review the Digital Content where we deem it reasonably necessary to do so to limit or avoid liability of any sort.

We are not liable for any Digital Content that may be obscene, indecent, misleading, fraudulent, racist, intolerant, harmful or otherwise objectionable. We are not liable for any Digital Content provided under the Service which may infringe any intellectual property rights, rights of privacy or publicity, or any rights of any nature in any jurisdiction.

You agree to hold us harmless regarding any claims arising from your exposure, or the exposure of your family members, loved ones, or computers, to objectionable content and agree to waive any possible liability that we may have regarding the same which violates any intellectual property rights, rights of privacy or publicity, or any rights of any nature in any jurisdiction.

You understand and agree that use of the Internet means that you are subject to the risk of receiving or viewing harmful offensive content and files. We do not promise that we will review and edit all content for safety, quality, accuracy, or decency that you encounter via our Service.

15. User Restrictions and Limitations

You may not use our Service to violate any law of any jurisdiction, including intellectual property laws, defamation laws and the rights of privacy and publicity relating to any person or entity. You must always use the Service in a manner consistent with any and all applicable laws and regulations.

You will not use the Service to

  1. upload, transmit or in any way make available software viruses or any computer code designed to damage or hamper computer functionality;
  2. interfere with or disrupt the Service or the servers or networks used in connection with the Service;
  3. collect or solicit data (including passwords) about other persons;
  4. impersonate or attempt to impersonate any person or entity, or misrepresent your affiliation to any person or entity including but not limited to us;
  5. commit, further or promote any criminal or tortious activity;
  6. circumvent or modify, or attempt to do so or encourage or assist any other person to do so to any security technology or software that is part of the Service;
  7. use the account, username or password or Access Code of another user to the Service at any time;
  8. engage in any activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorised use of or access to a computer or a computer network;
  9. accept payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorised or impermissible use of the Service on behalf of that person; or
  10. use any information obtained from the Service to harass, abuse, or harm another person or entity, or attempt to do so.

You may not

  1. transfer, copy or display the Digital Content;
  2. sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the Digital Content or the Service to any third party;
  3. remove any proprietary notices or labels on the Digital Content; or
  4. disclose any of your account, username or password or Access Code information to any third party or permit any third party to access your account; or
  5. modify, adapt, repurpose or hack our Service or publish a third party website that falsely implies that it is associated with us; the content of the site providing the Service may not be "framed" or "mirrored".

We reserve the right to investigate and take appropriate action (including legal proceedings) against anyone who, in our sole discretion, violates these provisions including without limitation terminating the accounts of such violators.

You agree that we have no special relationship with any users of the Service and no fiduciary duty exists that we are responsible for. We have no duty to take any action regarding which users of the Services gain access to the Service, what Digital Content the users access via our Service, how any Digital Content is used or interpreted, or any action any party takes in regard to any Digital Content made available via our Service.

16. Provision of the Service

We use third party vendors and hosting partners to provide hardware, software, networking storage and related technology needed to provide our Service to you.

You understand that the technical processing and transmission of the Service, including the Digital Content, may be transferred unencrypted and involve transmissions over various networks and/or modifications of the content needed to conform and adapt the content to technical requirements of connecting networks or devices.

You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

17. Miscellaneous

Access to the Service

You will not access the Service by any means other than through the interface that is provided by us for use in accessing the Service except as specifically authorised in a separate written agreement.

Automatic Viewing or Usage of this Site

You may not use any automated scripts or "robots" to access, copy, or manipulate any content provided on the site providing the Service. You may not engage in denial of service attacks upon the servers that publish the site providing the Service. We reserve the right to limit or terminate your access to the Service if your use of it is excessive such that it significantly hinders other users.

Use of Cookies

A cookie is a small data file that certain websites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you've visited, but the only personal information a cookie can contain is information you supply yourself. A cookie cannot read data off your hard disk or read cookie files created by other sites. When accessing information stored in a database format, a basic version of cookies is used to transfer an answer to the user who has initiated a question.

Nowhere on the Service site are cookies used that store specific information on the user or surfer. Cookies on the Service’ site serves a more functional purpose i.e. they are generated by an internet information server and stored in the memory of the browser implicating they disappear once the browser session has been terminated.

Links to Third Party Sites

We may provide links to third party sites; however, we are not responsible for the content of such sites or their terms of use or privacy policies. Please carefully review the terms of service and privacy policies of all such sites prior to usage. You assume the risk of any usage of such third party sites.

Severability and Assignment Restriction

If any provision of this Agreement is found to be unenforceable or invalid, this will not affect the rest of the Agreement.

This Agreement is not transferable by you but is fully and without limitation of any nature transferable and assignable by us.

No Agency

No agency, partnership, employment or joint venture is created by this Agreement. Each party is an independent contractor as to the other party. You do not have ability to represent or bind us in any way.

Jurisdiction and Arbitration

This Agreement will be governed by and construed in accordance with the laws of Indonesia.

All disputes arising in connection with this Agreement will be settled by arbitration in Jakarta, Indonesia, by a single arbitrator (the “Arbitrator”) under the Arbitration Rules (“Rules”) of the Indonesian Board of Arbitration (“BANI”), as they exist from time to time, except to the extent that there may be conflicts between the Rules of BANI and the provisions of this Agreement, in which case the provisions of this Agreement will prevail.

The Arbitrator will be appointed by the Chairman of BANI. Each party shall limit the number of witnesses it may call to give evidence on its behalf to five witnesses of fact. The parties agree to forego any claims for, and the Arbitrator will not have any power to award, damages for consequential loss or punitive damages.

The Arbitrator's award will be in writing and will set forth in reasonable detail the matter in dispute and the reasons for the Arbitrator's decision. The award will apportion the costs of the arbitration, on the basis that the party or parties which has or have lost on any issue should bear the costs (including the cost of the other party or parties) incurred in trying that issue.

The Arbitrator's award will be final and binding, and judgment thereon may be entered in any court having jurisdiction, or application may be made to such a court for judicial acceptance of the award and any other appropriate order including enforcement. The parties expressly agree to exclude any right of appeal, objection or recourse (except for enforcement or confirmation) to any court. The mandate of the Arbitrator will remain in effect until its final award has been issued. The Arbitrator will be bound by the strict rules of law in making its award.

No party will have any right to commence or maintain any suit or legal proceeding concerning a dispute under this Agreement until that dispute has been determined in accordance with the arbitration procedure provided for in this provision, and then only to enforce or facilitate the execution of the Arbitrator's award.

The parties agree to waive Article 48 section (1) of Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution (the “Arbitration Law”), so that the mandate of the Arbitrator shall remain in effect until a final arbitral award has been issued. With respect to the implementation of Article 56 section (1) of the Arbitration Law, the parties expressly agree that the Arbitrator shall be solely bound by strict rules of law in making their decision and may not render an award ex aequo et bono.

Errata

We disclaim any responsibility for any typographical errors or mistakes and you agree to hold us harmless from any legal responsibility for such errors.

Modifications

We may revise or modify any portion of the Agreement from time to time. We will notify you on any revisions or modifications made to the Agreement (the “Modified Agreement”) by e-mail. Your continued use of the Service after the date the Modified Agreement is notified will constitute your acceptance of the Modified Agreement.

Notice

Notices to you may be issued via electronic mail or by surface mail, at our sole election, unless stated otherwise herein.

Force Majeure

Neither party shall be liable for any delay or failure in performance due to any force majeure, which shall mean acts of God, earthquake, labour disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability or interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed. We are not responsible for server downtime under any circumstances.