Achiko AG (a company incorporated with limited liability in Switzerland
with business identification
number (UID) CHE299698976, having its registered office at Lavaterstrasse 66, 8002 Zurich, Switzerland)
You, the User of the “Teman Sehat” Person Application
By click ‘agree’ to this Agreement, you warrant that you are of the legal age in your jurisdiction, and therefore are capable to enter into this Agreement, and acknowledge and agree that you have had an opportunity to read and understand all of this Agreement and that you agree to be bound by this Agreement. If you have any questions, please do not hesitate to contact us at email@example.com. If you do not agree with the terms and conditions set out in this Agreement, please do not [click the ‘agree’ button] and you must not access or use the Person App.
If you are not of the legal age in your jurisdiction, your parent or guardian must agree to this Agreement on your behalf.
Amendments to this Agreement
The Company may, from time to time, update or amend this Agreement such as if we change functionality or as required by law. Any such amendments will be notified to you, posted on the Person App and website at https://temansehat.co and the Person App’s profile page on the iTunes App Store and Google Play where the Person App is available for download at google play store and will take effect fourteen (14) days after such posting (unless a longer period is specified in the notice for a particular amendment). You should therefore carefully read this amendment and provide your consent to it each time a newer version of this Agreement is published.
If you do not accept an amendment made to the Agreement by us, you cannot continue to use the Person App as a User. By click ‘agree’ to the then current version of this Agreement, you agree that the then current version of this Agreement applies to your use of the Person App.
THE PERSON APP DOES NOT PROVIDE MEDICAL ADVICE. IF YOU ARE IN NEED OF MEDICAL ADVICE, CONTACT YOUR DOCTOR OR MEDICAL PROFESSIONAL. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR IF AVAILABLE, OR YOUR LOCAL EMERGENCY MEDICAL RESPONSE.
- You may only download and use the Person App if you are over the age of 18.
- The Company may accept or reject applications to become a User. In general, the Company will only reject an application to become a User if it has concerns that the applicant has in the past, or is reasonably likely in the future, to breach this Agreement.
- The Person App
- The Person App is a mobile application provided by Achiko to individual end users as part of the “Teman Sehat” platform to enable you to manage information about your COVID-19 test status and use this to help gain access to various places and venues.
- The Person App contains information about services provided in Indonesia, and is intended for users there. Please check the homepage, at the following link: https://temansehat.co/en to see whether the Person App is available in your country of residence.
- Subject to clause 2.4, we will make the Person App available to you on the terms and conditions set out in this Agreement.
- You must use the Person App only in accordance with this Agreement.
- Important: You should note that, notwithstanding anything in this Agreement, certain legislation may imply warranties, conditions or guarantees or impose obligations or remedies which cannot be excluded, restricted or modified except to a limited extent. Such legislation may, for example, impose non-excludable statutory guarantees that goods are of acceptable quality or that services will be rendered with due care and skill (with certain remedies available to consumers for certain breaches of such guarantees). To the extent that such legislation applies, this Agreement must be read subject to those statutory provisions and nothing in this Agreement is intended to alter, restrict or exclude the operation of such provisions.
- Consent to providing medical information
- The information contained in the Person App is provided for general informational purposes only and is not intended to and does not render medical advice. The Person App and Content on the Person App is not in any way a substitute for professional medical examination or assessment of your condition by a healthcare professional. All Content on the Person App is provided for information purposes only, including the information provided by a Testing Provider regarding your COVID-19 test result. The Person App is not intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, monitoring, treatment, alleviation, compensation, or prevention of disease or other condition. Achiko is not responsible for any information provided by a Testing Provider.
- To the fullest extent permitted by law and subject to clause 2.5 and 11.2, the Company excludes all liability for any health or medical problems that occur as a result of information that you obtain via the Person App.
- Third Party Activities
- The Person App may contain Third Party Content which may include links to third party websites or apps where content is not operated or controlled by the Company (Linked Sites). Third Party Content (including links to Linked Sites) may be placed on the Person App by Content Providers.
- The appearance of Third Party Content (including any link to a Linked Site) does not imply the Company’s endorsement of that Third Party Content or the Linked Site and the Company has no control over, and is not responsible for, any Linked Site or any Third Party Content.
- You access and use Third Party Content and Linked Sites at your own risk and, to the fullest extent permitted by law, but subject to clauses 2.5 and 11.2 below, the Company disclaims all guarantees and warranties, express and implied, as to the accuracy, value, performance, legality or otherwise of any Third Party Content and any materials or information contained on Linked Sites.
- Your use of Linked Sites may be subject to a third party’s terms and conditions of use. You should carefully review and comply with the terms and conditions of use and privacy policies on all Linked Sites.
- User Account
- In order to use the Person App, and gain access to all parts of the Person App and related functionality, you will need to register to become a User.
- You must ensure that all information that you provide to us as part of your registration to become a User is accurate and complete in all respects, and that you only provide us with information about yourself, and not any other individual.
- We charge you a fee each time you scan the QR code on your Person App to enter a place or venue (or permit the place or venue to scan the QR code on your Person App) so as to enable check-in. You must pre-purchase points via the Person App that can be used to cover these fees. The fee will be automatically deducted from your points balance when you scan the QR code on your Person App at a place or venue. If you do not have sufficient points pre-purchased at the time you visit a venue and wish to check-in, you will not be able to use the Person App to check-in at the venue.
- Full information about our current fees is set out at https://temansehat.co/en/pricing-matrix/. This information may be updated from time to time. You should carefully check the current pricing prior to pre-purchasing points.
- You may be able to also purchase other items via the Person App from time to time, in addition to the purchase of points as set out in clause 5.3.
- All amounts payable for purchases made via the Person App, or otherwise under this Agreement, are expressed exclusive of GST. If GST is payable as a consequence of any supply made (or deemed to be made) by one party to the other in connection with this Agreement, the party receiving the supply must pay to the party making the supply an amount equal to the GST payable in respect of the supply, in addition to the amounts required to be paid for the purchase, or otherwise under any other provision of this Agreement.
- Notwithstanding any other provision of this Agreement, if either party is required to reimburse or indemnify the other party for any cost, expenses or other amounts, the amount to be reimbursed or indemnified must be reduced by any part which is recoverable as an input tax credit by the party which incurred it (or representative member of that party’s GST group).
- Intellectual Property
- You may use the Person App, including its Content, only for the Permitted Purpose and in any other manner expressly permitted under this Agreement.
- All intellectual property rights (including, without limitation, copyright, trademarks, patents, design rights and all other forms of intellectual property rights existing in the world) in the Person App, including all Content, are owned by or licensed to the Company.
- Subject to this Agreement, the Company grants you a non-exclusive, non-transferable,
royalty-free, personal, limited licence to:
(a) download and use one copy of the Person App on an Apple or Android device that you own or control; and (b) download, access, view, use and display the Content made available to you by the Company from time to time on the Person App, on the terms and conditions set out in this Agreement, and strictly for your own personal and domestic use.
- Subject to clause 6.6, you agree to the following licence restrictions and must not:
(a) copy, distribute, reproduce, publish, alter, modify or create derivative works from the Person App or any Content without the prior written permission of the Company and the relevant Content Provider (if applicable) and you must not exploit any Content for commercial benefit of any kind; (b) reproduce, modify, translate, make derivative works from, disassemble, reverse compile or reverse engineer any part of the Person App in order to build a similar or competitive product; and (c) do anything which breaches or otherwise interferes with the Company’s intellectual property rights or the intellectual property rights of any Content Provider or any of the Company’s other third party licensors.
- You acknowledge that all intellectual property rights in the Person App throughout the world belong to Achiko and nothing in this Agreement constitutes a transfer of any intellectual property rights.
- Notwithstanding the provisions in this clause 6, you may use the Person App and the Content to obtain a copy of your account information for your personal and domestic use only for the Permitted Purpose.
- Person App Access and Availability
- The Company reserves the right to modify, change, discontinue or disable the Person App or any part of the Person App (on a permanent or temporary basis) at any time. The Company will, where reasonably practicable and possible, endeavour to provide you with prior notice of any material modifications, discontinuations or disabling that materially impact the overall nature or functionality of the Person App by posting such notice on the Person App and website at https://temansehat.co/en/ However, you accept that it may not always be possible to provide such prior notice.
- Suspension and Termination
- We may immediately suspend or terminate your User account without notice to you if:
(a) you materially breach this Agreement; (b) you use the Person App for any unlawful purpose; or (c) your use of the Person App is, in our reasonable opinion, likely to infringe the rights of any other person.
- In the circumstances described in clause 8.1 above, the Company may (at its option, and without limiting the remedies available to it in any way) terminate this Agreement with you and/or bar you from accessing the Person App on a permanent or temporary basis. If this occurs, you must not access or use the Person App during the period of your suspension.
- Each of you and Achiko expressly agrees to waive and set aside our respective rights and obligations under any applicable law in the event of any termination of this Agreement to the extent that such law requires any judicial pronouncement for the termination of this Agreement.
- We may immediately suspend or terminate your User account without notice to you if:
- Appropriate Use
- You must only use the Person App and the Content for the purpose for, and in the manner in, which it is designed.
- You must only use the Person App and the Content for your own personal, non-commercial use.
- You are responsible for your use of the Person App.
- You must not use the Person App to:
(a) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; (b) collect any available personal information about an individual other than yourself; or (c) upload personal information about an individual other than yourself.
- You must not use any “robot”, “spider”, or other automated device or program to access the Person App, and must not undertake any “deep-linking”, “page-scraping” or similar activities on the Person App.
- You must not violate or attempt to violate the security of, or otherwise hack into or attempt to hack into, the Person App, the Company’s computer systems or the computer systems of other users or Content Providers of the Person App. In this clause hack means any unauthorised access, malicious damage and/or interference and includes, without limitation, spamming, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or website or app.
- Without limiting clauses 9.1 to 9.6 above, you must comply with all applicable laws, regulations, codes or standards when using the Person App.
- Privacy and Security
- If you are provided with Achiko account details, you are responsible for maintaining the security of these details. We will not take responsibility for unauthorised access and/or use of your Achiko account unless we have failed to take reasonable steps to prevent such unauthorised access or use. You can play an important role in keeping your personal information secure by maintaining the confidentiality of any user names and passwords used on the Person App. Please notify the Company immediately if there is any unauthorised use of your user account by any other person or any other breach of security.
- You are responsible for the security of your user name and password (or other log-in information) and all activity undertaken via your account using your User names and passwords (or other log-in information) will be treated, for the purposes of this Agreement, as activity undertaken by you. You must therefore take responsibility to ensure the confidentiality of that information.
- To the fullest extent permitted by law but subject always to clauses 2.5 and 11.2:
(a) the Company excludes all representations, warranties, guarantees (including any guarantees of uninterrupted or secure access to the Person App), terms and conditions, whether express or implied, except as expressly set out in this Agreement; (b) except where the relevant liability arises from the Company’s breach of law, neither the Company or its related bodies corporate or Affiliates, nor any party involved in creating, producing or delivering the Person App accepts any liability for the accuracy, timeliness or completeness of the information contained on the Person App or any responsibility for any errors or omissions in the content on the Person App; (c) the Company (and its related bodies corporate and Affiliates) excludes all liability (however arising, including, without limitation, damage or loss arising in contract, tort (including, without limitation, negligence) statute or otherwise) for any indirect, consequential, special, punitive or exemplary damages or any loss of business, interest, goodwill, revenue, profit or loss or corruption of data arising in connection with your access to, or use of, or inability to use or access the Person App or otherwise in connection with: (i) your use of, or reliance on, the Person App (or any of the Content or Linked Sites) however caused; (ii) any delay, failure, performance, non-performance, interruption, disruption or other difficulties in accessing or using the Person App; or (iii) the accuracy, timeliness, quality, utility or completeness of the information contained on, or any errors or omissions in information on, the Person App (or in any of the Content or Linked Sites); and (d) the Company’s (and its related bodies corporate and Affiliates’) cumulative liability (however arising, including, without limitation, damage or loss arising in contract, tort (including, without limitation, negligence, statute or otherwise) will be limited to the amount of your actual damages in aggregate, not to exceed $100.00.
- As explained in clause 2.5, certain statutory consumer law protections may imply
or conditions or impose
obligations, remedies or guarantees which cannot be excluded, restricted or modified
except to a
limited extent. This
Agreement must be read subject to these statutory provisions. If the statutory
outlined in clause 2.5
apply, notwithstanding any other provision of this Agreement, to the extent that the
entitled to do so, the
Company limits its liability in respect of any claim under those provisions to:
(a) in the case of goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of having the goods repaired, and (b) in the case of services: (i) the supply of the services again; or (ii) the payment of the cost of having the services supplied again.
- Without limiting the Company’s and its related bodies corporate and Affiliates’ rights
the event that you breach
this Agreement, you agree to fully compensate and hold harmless the Company and its
employees, agents, related
bodies corporate and Affiliates, and Content Providers from and against reasonable
loss, damage, costs and
expense (including, without limitation, reasonable legal expenses) and penalties
incurred by any of them
arising out of:
(a) your material breach of this Agreement (noting that for the purposes of this clause, any breach of clause 3, 6 or 9 will be deemed material); (b) any third party claim arising out of your download or use of the Person App, including any third party claim in connection with your use of the Person App to provide results or purported results from a Testing Provider to any third party; (c) you bringing a claim against the Company or its related bodies corporate or Affiliates when you have agreed not to do so; or (d) any act of fraud by or on behalf of you, except to the extent caused by the Company’s breach of this Agreement, wilful misconduct or breach of any law.
- You acknowledge and agree that unauthorised use of the Content by you could cause the Company (or its third party suppliers or licensors including, without limitation, Content Providers) irreparable harm and that, in the event of unauthorised use, the Company is entitled to seek an injunction to prevent such use, in addition to any other remedies available at law or in equity.
- To the extent that the protections in this clause 11 are in favour of parties other than the Company (such as related bodies corporate and Affiliates), the Company holds the benefit of such provisions on trust for those third parties.
- To the fullest extent permitted by law but subject always to clauses 2.5 and 11.2:
- Questions, Complaints and Notice
- If you have any questions or complaints about the Person App or would like to send us
feedback or comments,
please email us at firstname.lastname@example.org or deliver
notice to us at:Wisma Barito Pacific
Tower A, Lantai 1
Jl. Let. Jend. S. Parman Kav. 62-63, Jakarta Pusat 11410, Indonesia
- We may provide you with notices in connection with this Agreement by posting such notices on the Person App, or where we consider it appropriate, by email or mail if you have provided contact details for that purpose.
- We are also pleased to receive feedback, comments and ideas from Users of the Person App. However, if you transmit any ideas, information, concepts, know-how or techniques or materials to us through the Person App or via other means, you grant Achiko an unrestricted, royalty-free, irrevocable, worldwide license to use, reproduce, display, perform, modify, transmit, and distribute that material in any medium, and agree that Achiko is free to use that material for any purpose.
- If you have any questions or complaints about the Person App or would like to send us any feedback or comments, please email us at email@example.com or deliver notice to us at:
- Legal Compliance
- You represent and warrant that:
(i) you are not located in a country that is subject to a U.S. or Australian Government embargo, or that has been designated by the U.S. or Australian Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. or Australian Government list of prohibited or restricted parties.
- You represent and warrant that:
- The relationship between Achiko and you will be that of independent contractors, and neither of us nor any of our respective officers, agents, parents or employees will be held or construed to be partners, joint venturers, fiduciaries, employees or agents of the other.
- This Agreement and any other documents referred to in this Agreement is the entire agreement of the parties about the subject matter of this Agreement and supersedes all other representations, arrangements, understandings or agreements and all other communications.
- You may not assign, convey, subcontract or delegate your rights, duties, or obligations under this Agreement.
- Your obligations under this Agreement will survive termination of this Agreement.
- If a provision of this Agreement is invalid or unenforceable in a jurisdiction:
(a) it is to be read down or severed in that jurisdiction to the extent of the invalidity or unenforceability; and (b) that fact does not affect the validity or enforceability of that provision in another jurisdiction or the remaining provisions.
- This Agreement is governed by the laws of the Republic of Indonesia, and the parties submit to the non-exclusive jurisdiction of the courts of that place and waive, without limitation, any claim or objection based on absence of jurisdiction or inconvenient forum.
- This Agreement is made in both the English language and the Indonesian language. Both texts are equally original. In case of any inconsistency or different interpretation between the English text and the Indonesian text, the relevant Indonesian text shall be deemed to be automatically amended to conform with and to make it consistent with the relevant English text.
Definitions used in this Agreement
Affiliate of the Company includes Achiko AG and its subsidiaries and controlled entities.
Company Content means all content contained on the Person App (including without limitation all software, text, graphics, videos, sounds, scripts, photos, audio-visual material, icons, advertisements, photographs, databases, trade marks and other information and materials) but excludes Third Party Content.
Content means both Company Content and Third Party Content.
Content Provider means an entity, person or User (other than the Company or you) whose Third Party Content is displayed on the Person App.
Permitted Purpose means the use of the Person App for the purpose of receiving, sharing and using information in accordance with Achiko’s “Teman Sehat” platform.
User means a person who has registered an account with the Person App or otherwise interacts with the Person App.
Third Party Content means content created or uploaded to the Person App by any entity or person other than the Company or its Affiliates, including information and data from Testing Providers, and including all software, text, graphics, videos, sounds, scripts, photos, audio-visual material, icons, advertisements, photographs, databases, trade marks and other information and materials created and/or uploaded by such an entity or person.