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Terms & Conditions

You are welcome at www.Oto.com for doing Your car, bike search. Thank You for using our services. We hope You have a great experience using out site and find it meaningful use of Your precious time. By using the website You agree to following terms and conditions in the Agreement. Please note that in event of change in this agreement we will publish it online at the website. We encourage You to review the site periodically for such changes. This is a legal and binding document between You and PT CARBAY SERVICES INDONESIA.

These Terms and Conditions or Terms of Use as available at www.Oto.com, is between PT CARBAY SERVICES INDONESIA and the guest users or registered users of the Site (hereinafter referred to as "You" or "Your" or "Yourself" or "User") describe the terms on which PT CARBAY SERVICES INDONESIA offers You access to the Site for availing services and/or buy certain products, as are incidental and ancillary thereto ("Services", and more particularly defined hereinafter).

Important

The information provided on this Site includes, but is not limited to, the Services provided by PT CARBAY SERVICES INDONESIA ("Oto.com", or “We”, or “Us” or “Our”), and does not render any advice, certifications, guarantees or warranties on the Content (as defined below) relating to the Services (term defined hereinafter), which Oto.com makes available on this Site.

Terms of Use / Terms and Conditions

The use of this Site and the Content/User Content contained herein are governed by these Terms of Use ("Agreement"). When You use this Site, You acknowledge that You have read this Agreement and that You accept and will be bound by the terms hereof as such terms may be modified from time to time.

1. PURPOSE AND SERVICES

1.1 As stated above, the contents provided on or through this Site are solely for information purposes and do not substitute for specific advice whether investment, legal, taxation or otherwise and are not intended to provide You with any nature of certification, guarantee or warranty. By accessing, browsing and using this Site, You agree and acknowledge that You understand this limited and restricted use and agree that You would not rely on the information and materials contained in this Site for any purposes except as Oto.com intended or specified under this Agreement. You further agree that in all actual matters, You are ultimately responsible for determining Your specific requirements and consequences thereof. Oto.com disclaims all liability for damages caused by use of Content on the Site. You agree that You are providing Oto.com with personal details regarding Your mobile phone, address. You also agree that Oto.com may use the information for automated analysis. You further agree that Oto.com, to increase the value and benefit of this service to You, may provide Your name and contact information to a third party service provider.

Services: We provide a platform to the Users of Site and acts as an intermediary. All information and material available on the Site is only to the User of Site who are interested in the Services provided by Us and who wants to explore the more options before concluding their transactions. Among other services and information, PT CARBAY SERVICES INDONESIA may provide any or all the below listed services to the Users:

  1. Oto.com will provide information on cars, bikes including without limitation price, specification, comparison, dealer location etc. and/or services to research cars, bikes, prices, technical specifications and other attributes. The services can include listing of Your used cars, bikes online or browsing through the list of used cars, bikes listed by users of Oto.com. Oto.com makes no claims that the data is accurate or applicability of the information to any specific situation.

  2. Services can further include the facility to advertise / exhibit / make available for sell various products including without limitation auto products, accessories, road side assistance, services to other Users of the Site. Oto.com may also provide the user the ability to send SMS to the user's top callers or send an email to the users friends letting them know about the service.

  3. The Site may provide certain Features ("Site" and "Features" as defined under Section 2) that enable sending/receiving invites/solicitation messages/reminders to Your contacts whose details, as required under the specific Features, are submitted and specifically permitted by You to be so used. Once such a Feature is selected and consented by You, You specifically agree that the Feature shall enable sending one instant message and a maximum of 3 reminders.

(Individually or collectively referred to as “Services”)

Please note that We reserves the right to remove/modify any Service or add new features/services without any notice or liability.

2. DEFINITIONS

2.1 "Contents" or "Content" shall mean any and all information, data, text, software, music, sound, photographs, graphics, video, messages, materials, news, notices, articles, contracts, forms, documents or other materials and information which may be viewed or downloaded on or through this Site. Contents shall also include any e-mail, messages, e-cards or any other information furnished by a user to be displayed on the Site by Oto.com.

2.2 "Feature" or "Features": A "Feature" may include any interactive, value addition service or other additional feature, introduced on the Site.

2.3 "Site" shall mean the Internet site identified generally by the URL www.Oto.com, including its mobile site and mobile applications and all pages linked to that URL which pages are posted and operated by Oto.com, Oto chrome extension.

3. REPRESENTATIONS AND WARRANTIES

3.1 Oto.com or any of its affiliates or associates or employees shall not be in any way responsible for any loss or damage that may arise to any person from any inadvertent error in the information contained in this Site. The information from or through this Site is provided "as is" and all warranties express or implied of any kind, regarding any matter pertaining to the Site or the Content including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed.

3.2 Oto.com and its affiliates and associates shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the Site. No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation.

4. YOUR CONDUCT

4.1 You may post Your reviews or comments; and submit suggestions, ideas, questions, or other information, data or message (“User Content”), so long as the User Contents are not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and do not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "Spam". You shall not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the Contents. However, You acknowledge that Oto.com does not pre-screen the Content, but that Oto.com and its designers shall have the right (but not the obligation) in their sole discretion to accept, refuse, move, or remove any Contents that are available via the Site.

Assignment of User Content: You hereby grant Us a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content. You represent and warrant that You own or otherwise control all of the rights to the User Content that You post or that You otherwise provide on or through the Site; and that, as at the date that the User Content is posted or submitted on the Site: (i) the User Content is accurate; (ii) use of the User Content You supply does not breach these Terms of Use; and (iii) that such User Content is lawful.

4.2 You understand that all User Contents, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such User Content originated. This means that You, and not Oto.com, are entirely responsible for all Content that You have provided Oto.com with in order to upload, post, transmit or otherwise make available via the Site.

4.3 You expressly agree not to use the Site to: (i) harm any User in any manner either directly or indirectly; (ii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Contents transmitted through the Site; (iii) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges or "stalk" or in any other manner harass another user; (iv) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; (v) upload or transmit any material that is deemed derogatory with respect to the name, services or Contents relating to or provided by Oto.com; (vi) intentionally or unintentionally violate any applicable local, state, national or international laws;

4.4 You expressly represent and warrant that: (i) You are capable to use this Site in accordance with all terms and conditions herein in relation to the access and use of this Site and the services provided therein; and (ii) all information supplied by You in any correspondences or any other documentation to Oto.com is true, current complete and accurate. You expressly agree that this clause shall survive any termination of this Agreement.

5. LINKS TO OTHER WEBSITES

Third Party Website: This Site may contain hyperlinks to websites operated by parties other than Oto.com and third party information such as product, product description, catalogue, dealers details, news, videos and photographs and any other data made available by the third party (Third Party Content). The inclusion of hyperlinks/Third Party Content to Site does not imply Oto.com's certification or endorsement of such websites nor any association with their operators. Oto.com or its affiliates or associates or its employees do not provide any judgment or warranty in respect of the authenticity or correctness of the content of such other services or sites to which links are provided. A link to another service or site is not an endorsement of any products or services on such site or the Site. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY OR ALL THE CONSEQUENCES THAT ARISE OUT OF YOUR USE OF SUCH HYPERLINKS TO WEBSITES.

On the Site, Google, as a third-party vendor, uses cookies to serve ads. Google’s use of the DoubleClick DART Cookie enables it to serve ads to the Site’s users based on their visit to the Site and third-party websites. For more information on the DART Cookie see: https://www.google.com/privacy_ads.html. You may opt out of the use of the DART Cookie by Google by visiting the Google Ad and Content Network Privacy Policy at: https://www.google.com/privacy_ads.html.

Fees & Payments: Use of the Site is free to You, however We reserve the right to levy certain fees in future. You acknowledge and agree that You shall pay Your applicable taxes and fees as applicable to Your’s usage of the Site. You acknowledge and agree that You shall not use the details of credit card/debit card/net-banking or any other payment instrument which is not lawfully owned by You.

We, from time to time, may contact with third party payment processing service providers to facilitate payment of orders that You place on our Site which includes banks, financial institution etc. You shall be responsible to abide by all rules/regulations/guidelines as issued and applicable to online payments.

6. WEBSITES INTELLECTUAL PROPERTY

All text, graphics, audio, design and other works on the Site are the copyrighted works of Oto.com unless otherwise indicated. The Content available on the Site shall not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without obtaining the prior permission from Oto.com. ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES CAUSED BY DOWNLOADING/COPING OF ANY DATA IS DISCLAIMED.

ALL RIGHTS NOT EXPRESSLY GRANTED HEREUNDER TO THE USER, ARE RESERVED EXCLUSIVELY TO PT CARBAY SERVICES INDONESIA.

7. LICENSE AND SITE ACCESS

7.1 Oto.com grants You a "limited, revocable, non-exclusive license, non-sub-licensable, non-transferable" to access and make use of this Site and avail the Services provided through or at the Site.

7.2 The license shall not include: (i) any resale or commercial use of this Site or its Contents; or (ii) any derivative use of this Site or its Contents;

7.3 You, Your partners, Your employees, Your agents or any other person associated with You personally or professionally, may not, with or without compensation, prepare any derivative works from, or sell, lease, license, e-mail, reproduce, duplicate, copy, resell, republish, transmit or distribute or otherwise exploit for any commercial purpose via any media, now known or unknown, any Contents from this Site to any other entity or individual. No Contents or information on the Site may be reproduced in any form or incorporated into any internet web-site or any other information retrieval system, either electronic or mechanical. It is a condition of Your use of this Site that You do not restrict or inhibit any other user from using this Site.

7.4 You shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Oto.com and/or our affiliates without the express written consent of Oto.com. You may not use any meta tags or any other "hidden text" utilizing Oto.com's name or trademarks without the express written consent of Oto.com. Any unauthorized use terminates the permission and the license granted by Oto.com under this Agreement to You.

8. MODIFICATIONS ON THE SITE

8.1 Oto.com reserves the right to modify, suspend/cancel, or discontinue any or all sections, or service at any time without notice. Oto.com reserves the right to make modifications and alterations in the information contained on the Site without notice. You agree that Oto.com shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Site.

8.2 You expressly agree that any information provided on the Site shall be used by You at Your risk. You are advised to hereby make proper enquiries and use the information provided on the Site.

8.3 From time to time Oto.com may supplement its terms of use with additional terms pertaining to specific content (additional terms). Such additional terms are hereby incorporated by reference into these Terms of Use.

9. BUYING

Oto.com strongly advises You not to test the site with false purchases request, as it will put You at substantial personal legal risk. It is a crime to use a false name, other false personal information to buy. Wilfully entering erroneous or fictitious purchase request may result in prosecution by Oto.com. Please be aware that even if You do not give Oto.com Your real name, Your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify You. As a seller You certify that all information provided by You against Your listed car or bike is true. Individual seller can list one car or bike at a time and needs to make Oto.com aware of its timely status.

As a buyer, You can buy certain products/Services as listed on Our Site. Any User, who buy products after visiting Our Site (“Buyer”), does so solely at his own discretion, risk and responsibility. We does not make any recommendations nor gives any warranty (implied or express), guarantee or otherwise with respect to the quality, functionality, fitness for a particular purpose.

THEREFORE WE MAKE THIS CLEAR TO YOU TO MAKE COMPLETE VERIFICATION/ ANALYSIS/ASSESSMENT BEFORE MAKING ANY PURCHASE DECISION BASED ON THE INFORMATION OR CONTENT GIVEN ON THE SITE. BUYER SHALL ALONE BE RESPONSIBLE (I) FOR ALL HIS/HER PURCHASE ON/THROUGH SITE; AND (II) TO COMPLETE THE DOCUMENTATION PART AS PER APPLICABLE LAWS AND WE SHALL NOT BE RESPONSIBLE FOR ANY CONSEQUENCES (INCLUDING WITHOUT LIMITATION DELAY IN DELIVERY OF PRODUCT, CANCELLATION OF TRANSACTION, INCOMPLETE OR IMPROPER DOCUMENTATION) WHATSOEVER.

10. SELLING

As a registered member, You may list certain product, car, bike, accessories etc. for sale on the Site (“Seller”). You must be legally able to sell these items that You list for sale on our Site. Listings may only include text descriptions, graphics and pictures that describe Your product for sale.

For Users, who wish to list cars or bikes on Our Site, they must list the same in an appropriate category on the Site. Soliciting business offline or outside of the Site, by indicating Your contact details (e.g. contact phone number, address or e-mail ID) in the car, bike listing or elsewhere on the Site other than in the applicable form, is expressly prohibited and would be considered as a breach of the User Agreement. All listed cars, bikes must be kept in stock for successful fulfilment of sales. The listing description of the car, bikes must not be misleading and must describe actual condition of the product. If the car or bike description does not match the actual condition of the car or bike, You agree to refund any amounts that You may have received from the buyer.

Seller is alone responsible for completing and verification of the documentation part, before concluding the sale. Any sale concluded on the part of the Seller, shall be the sole responsibility of the Seller.

As a Seller, You represent and warrants that: (i) You are legally entitled to sell the product; (ii) You shall not abuse or misuse the Website or engage in any activity which violates the terms of this Agreement; (iii) As a car or bike Seller you certify that all information provided by you against your listed car or bike is true

11. LOGIN OPTIONS

The Oto.com Members login (if any) is for the reference of only registered Oto.com's Member. Oto.com reserves the right to discontinue the member Login on account of violation of this Agreement or any "Code of Conduct" set by Oto.com. Oto.com reserves the right to take all measures necessary to prevent access to any Content or portion of the Site or terminate access to the site if the terms of use are not complied with or are contravened or there is any violation of copyright, trademark or other proprietary right.

12. DISCLAIMER

Oto.com makes no warranties or representations as to the contents of this site and Oto.com assumes no liability or responsibility for any errors or omissions in the content on the site. The contents are provided "as is" and without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Oto.com further makes no representation or warranty that any files, links or pointers available through this site will be free of viruses or other codes that contain contaminating or destructive properties. To the fullest extent permissible pursuant to the applicable law, Oto.com disclaims all warranties, express or implied.Oto.com makes no warranty that

  • (i) The information will meet Your requirements

  • (ii) The site will be uninterrupted, timely, secure, or error-free,

  • (iii) The results that may be obtained from the use of the site will be accurate or reliable

  • (iv) The quality of any information obtained by You through the site will meet Your expectations

  • (v) Any errors in the software will be corrected.

Any material, contents or information downloaded or otherwise obtained from the site is subject to this agreement and done at Your own discretion and risk and that You will be solely responsible for any damage to Your computer system or loss of data that results from the download of any such material.

Oto.com is not liable on the authenticity of such data. Without limiting the foregoing, under no circumstances shall Oto.com be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

13. LIMITATION OF LIABILITY

Neither Oto.com nor its affiliates, employees, agents or consultants shall in any event be liable for any indirect, incidental or consequential damages such as, but not limited to, loss of business information, loss of goodwill, business interruption or loss of anticipated profits or benefits resulting from use of the site or any part or whole of the content or arising out of any breach of warranty even if Oto.com or its affiliates, employees, agents or consultants have been advised of the possibility of such damages. Such limitation of liability shall apply whether the damages arise from use or misuse of or reliance on Oto.com information, from inability to use Oto.com information, or from the interruption, suspension, or termination of access to the content or site (including such damages incurred by third parties). This limitation shall also apply, without limitation, to the costs of procurement of substitute content, loss of goodwill, loss of profits, or loss of data. Such limitation shall further apply with respect to the performance or non-performance of Oto.com or any information that appears on, or is linked or related in any way to, the site provided thereunder. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.

OUR ENTIRE AND AGGREGATE LIABILITY TO YOU UNDER AND IN RELATION TO THESE TERMS OF USE OR OTHERWISE SHALL NOT EXCEED THE GREATER OF IDR ONE HUNDRED (IDR 100) OR THE AMOUNT OF FEES, IF ANY, PAID BY YOU TO US UNDER THE RELEVANT ORDER TO WHICH THE CAUSE OF ACTION FOR THE LIABILITY RELATES.

14. INDEMNITY

You agree to indemnify and hold Oto.com and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the Contents You submit, e-mail, transmit or make available through the Site, Your use of the Site, Your connection to the Site, Your violation of this Agreement, or Your violation of any rights of another user of this Site.

15. ACKNOWLEDGMENT

THE DISCLAIMER AND LIMITED LIABILITY OF OTO.COM AS SET OUT IN THIS AGREEMENT ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN FOR THE CONTENT AND ACCESS TO THE SITE. YOU AGREE THAT OTO.COM WOULD NOT OTHERWISE BE ABLE TO OFFER THE CONTENT OR THE SITE ON ITS PRESENT BASIS WITHOUT SUCH LIMITATIONS. THIS CLAUSE SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

16. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, You agree to comply with all local rules regarding online conduct. Specifically, You agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which You reside.

17. SEVERABILITY

Any provision of this Agreement which is invalid, prohibited or unenforceable in any jurisdiction shall:

(i) be ineffective in that jurisdiction to the extent of the invalidity, prohibition or unenforceability

(iii) not affect the validity of that provision in any other jurisdiction.

18. RELATIONSHIP

This Agreement or Your use of this Site does not constitute any joint venture, partnership, employment or agency relationship between You and Oto.com.

19. CUSTOMER REGISTRATION

I/We hereby authorize) PT CARBAY SERVICES INDONESIA and its affiliates / partners / registered dealers, manufacturers or any other related player in automobiles or otherwise who are accessing the data by virtue of their association with Oto.com to communicate with me/us through telephone/mobile, Email, SMS or other modes of communication.

20. ARBITRATION

Any controversy, claim or dispute arising out of or relating to this Agreement, will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator appointed by PT CARBAY SERVICES INDONESIA and held in Jakarta in Bahasa language and governed by Indonesia law pursuant. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Indonesia and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.