Privacy & Policy
User Agreement

This User Agreement describes the terms and conditions which you accept by using our Website or our App Services. Please read these Terms of Use carefully. This is an electronic agreement and by registering for or using any part of the System, You confirm that You have read, understood, accepted and agreed with these Terms of Use and will be bound by them. If You do not agree to be bound by these Terms of Use, You may not access or use any part of the System. These Terms of Use constitute a binding legal agreement between You, an individual User (You or Your) and PT. Mustika Bangun Teknologi (mobile Bangun). If applicable, Your use of the System as a Servicing Provider will be governed by the mBangun dan Mitra Mbangun Services Agreement.

In this User Agreement

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“Account” means the account associated with your email address.

“mBangun dan Mitra Mbangun”, “we”, “our”, “company” or “the company” or “us” means PT. Mustika Bangun Teknologi.

“Inactive Account” means a User Account that has not been logged into for a 6 month period, or other period determined by us from time to time.

“Intellectual Property Rights” means any and all intellectual property rights, existing worldwide and the subject matter of such rights, including:

(a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential; and

(b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.

“Payment” means a payment made by the User for the provision of Services under a User Contract and which will be released in accordance with the section “Payments” of these terms and conditions.

“Project” or “Listing” means a job offered or awarded by mBangun dan Mitra Mbangun via the Apps to servicing companies, servicing individual, which interpretation from previously User’s request to mBangun dan Mitra Mbangun

“mBangun dan Mitra Mbangun Services” means all services provided by us to you.

“User”, “you” or “your” means an individual who visits or uses the Website, including via the API.

“User Contract” means: (1) this User Agreement; (2) the Code of Conduct as amended from time to time; (3) any other contractual provisions accepted by both the Seller and Buyer uploaded to the Website, to the extent not inconsistent with the User Agreement and the Code of Conduct; (4) the Project terms as awarded and accepted on the Website, to the extent not inconsistent with the User Agreement and the Code of Conduct; and (5) any other material incorporated by reference from time to time.

“Website” means the Websites operated by mBangun dan Mitra Mbangun and available at: mBangun dan Mitra m-bangun.com and any of its regional or other domains or properties, and any related mBangun dan Mitra Mbangun service, tool or application, specifically including mobile web, any iOS App and any Android App, or API or other access mechanism.

1. Overview

By accessing the Website and/or Apps, you agree to the following terms with mBangun dan Mitra Mbangun.
We may amend this User Agreement and any linked information from time to time by posting amended terms on the Website, without notice to you.
The Website is an online venue where Users buy and sell Seller Services and items. Buyers and Sellers must register for an Account in order to buy or sell Seller Services and/or items. The Website enables Users to work together online to complete and pay for Projects, buy and sell items and to use the services that we provide. We are not a party to any contractual agreements between Buyer and Seller in the online venue, we merely facilitate connections between the parties.
We may, from time to time, and without notice, change or add to the Website or the information, products or services described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if any error occurs in the information on the Website or if that information is not current.

2. Scope
Before using the Website and/or Apps, you must read the whole User Agreement, the Website and/or Apps policies and all linked information.
You must read and accept all of the terms in, and linked to, this User Agreement, the Code of Conduct, the mBangun dan Mitra Mbangun Privacy Policy and all Website policies. By accepting this User Agreement as you access our Website and/or Apps, you agree that this User Agreement will apply whenever you use the Website, or when you use the tools we make available to interact with the Website and/or Apps. Some may have additional or other terms that we provide to you when you use those services.
3. Eligibility

You will not use the Website and/or Apps if you:

are not able to form legally binding contracts;
are under the age of 16;
a person barred from receiving and rendering services under the laws of Indonesia or other applicable jurisdiction;
are suspended from using the Website; or
do not hold a valid email address.

All free user accounts are associated with individuals. Login credentials should not be shared by users with others. The individual associated with the account will be held responsible for all actions taken by the account, without limitation.

Subject to your local laws, a person over 15 but under 18 can use an adult’s account with the permission of the account holder. However, the account holder is responsible for all actions taken by the account, without limitation.

Users may provide a business name or a company name, which is associated with the User’s Account. Users acknowledge and agree that where a business name or company name is associated with their Account, this User Agreement is a contract with the User as an individual (not the business or company) and Users remain solely responsible for all activity undertaken in respect of their Account.

A company, corporation, trust, partnership or other non-individual corporate entity may be a User subject to an eligible corporate account which pays corporate subscriptions.

We may, at our absolute discretion, refuse to register any person or entity as a User.

You cannot transfer or assign any rights or obligations you have under this agreement without prior written consent.

4. Using mBangun dan Mitra Mbangun

While using the Website and/or Apps, you will not attempt to or otherwise do any of the following:

post content or items in inappropriate categories or areas on our Website and/or Apps and services;
infringe any laws, third party rights or our policies, such as the Code of Conduct;
fail to deliver payment for services delivered to you;
fail to deliver Seller Services purchased from you;
circumvent or manipulate our fee structure, the billing process, or fees owed to Freelancer;
post false, inaccurate, misleading, deceptive, defamatory or offensive content (including personal information);
take any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the Website);
transfer your mBangun dan Mitra Mbangun account (including feedback) and Username to another party without our consent;
distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm mBangun dan Mitra Mbangun, the Website, or the interests or property of mBangun dan Mitra Mbangun users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
download and aggregate listings from our website/apps for display with listings from other Website and/or Apps without our express written permission, “frame”, “mirror” or otherwise incorporate any part of the Website into any other website without our prior written authorisation;
attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website;
copy, modify or distribute rights or content from the Website/Apps or mBangun dan Mitra Mbangun’s copyrights and trademarks; or
harvest or otherwise collect information about Users, including email addresses, without their consent.
use mBangun dan Mitra Mbangun to facilitate money exchange including, but not limited to, cryptocurrency (e.g. bitcoin, ethereum, etc).

5. Your Responsibilities

You confirm that:
You have full power and authority to enter into and be legally bound by these Terms of Use and to perform Your obligations under these Terms of Use;
You have attained at least the age at which You are capable of being legally bound by these Terms of Use by Applicable Law in the Territory;
You will comply at all times with all Applicable Laws and the Policies, and will notify mBangun dan Mitra Mbangun if You are in breach of any Applicable Laws or the Policies;
You will only use the System for lawful purposes and only for the purposes for which it is intended to be used;
You shall ensure that any documents and information provided by You (or on Your behalf) to mBangun dan Mitra Mbangun or otherwise via the System are at all times accurate, current, complete and not misleading;
You shall only use an internet access point and data account which You are authorized to use;
You shall not engage in any fraudulent, deceptive or misleading conduct; and
You shall not impair or circumvent the proper operation of the system or network which the System operates on.
Your interactions with Servicing Providers and other Users

Your order for Services from mBangun dan Mitra Mbangun creates a direct relationship between You and the Servicing Provider (companies, individual, etc), to which mBangun dan Mitra Mbangun is not a party. To the maximum extent permitted by Applicable Law, mBangun dan Mitra Mbangun is not responsible or liable for the acts or omissions of a Servicing Provider in relation to You. You have the sole responsibility for any obligations or liabilities to Servicing Providers or any other third parties that arise from Your use of the Servicing.

You agree:
to treat Servicing Providers and other Users with respect, in compliance with the Policies, and not to engage in any unlawful, threatening or harassing behaviour or activities whilst using the Services or the System;
not to cause any damage to third party property; and
not to contact Servicing Providers for purposes other than to receive and use the Services.
The Servicing Provider has sole discretion whether to accept, reject, or cancel requests of Services for any reason. Without limiting the foregoing, the relevant Servicing Provider reserves the right to refuse accepting Your order if it has reasonable grounds to suspect a violation of these Terms of Use, the Policies or Applicable Law.
Although the Servicing Provider is solely responsible for the Services, if You have a complaint about the Services You have received, mBangun dan Mitra Mbangun has the right to deal with any such complaints through mBangun dan Mitra Mbangun’s complaints handling process. You agree to cooperate fully with such process and to submit any complaint You may have via the User Application. mBangun dan Mitra Mbangun also reserves the right to redirect Your complaint to the relevant Provider and may choose, but is not obliged, to facilitate discussions with the Servicing Provider. M_bangun’s complaints handling process shall not exclude any rights or remedies that cannot be excluded or limited under Applicable Law.
If mBangun dan Mitra Mbangun receives a complaint from a Servicing Provider or another person about You, mBangun dan Mitra Mbangun has the right to redirect the complaint to You or deal with such complaint via its complaints handling process. Again, You agree to cooperate fully with such process.

6. Your Account

In order to access the System as a User, You must register for and maintain an Account as a user of the User Application.
You are responsible for all activities conducted on Your Account. You:
must only have one Account;
must keep Your Account information (including Your login details and payment details) confidential and secure;
must not provide any other person with access to Your Account, including to transfer the Account or information from Your Account to any other person;
must promptly notify mBangun dan Mitra Mbangun if You suspect any unauthorized access to or use of Your Account; and
must not, if You are also a Servicing Provider, use Your Account to make an order as a User that You will accept as a Servicing Provider, or otherwise collaborate with other Servicing Providers or Users in any similar scheme.
mBangun dan Mitra Mbangun reserves the right to block or deny access to Your Account, and/or block features available in the User Application, without prejudice to its other rights and remedies:
mBangun dan Mitra Mbangun deems, in its sole discretion, that You have violated any term of these Terms of Use;
during an investigation;
if You owe any money to mBangun dan Mitra Mbangun or its Group Companies;
if these Terms of Use are terminated for any reason; or
at any other time in mBangun dan Mitra Mbangun’s reasonable discretion.

7. Your use of the System

Subject to Your compliance with these Terms of Use, mBangun dan Mitra Mbangun and its licensors grant You a revocable, limited, non-exclusive, non-transferable, royalty-free licence during the term of these Terms of Use and in the Territory, to access and use the System solely for Your personal use for the purpose of connecting You with Servicing Providers in respect of  Services.
All rights not expressly granted to You under these Terms of Use are reserved by mBangun dan Mitra Mbangun and its licensors. Nothing in these Terms of Use transfers any ownership in or to the System (in whole or in part) to You.
In using the System, You shall not:
license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the System in any way;
modify or make derivative works based on the System, or reverse engineer or access the underlying software for any reason;
use the System to build a competitive product or service, build a product using similar ideas, features, functions or graphics as the System, copy any ideas, features, functions or graphics of the System, or launch an automated program or script which may make multiple server requests per second, or which unduly burdens or hinders the operation and/or performance of the System, or attempt to gain unauthorized access to the System or related systems or networks;
use any application or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure, presentation or content of the System;
post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights, or remove any copyright, trademark or other proprietary rights notices contained in the System;
send or store any material for unlawful or fraudulent purposes;
send spam or other unsolicited messages;
send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material;
send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs;
interfere with or disrupt the integrity or performance of the System or the data contained therein;
impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity;
deliberately misrepresent Your location, or make or receive orders for  Services other than via the User Application or which are fakeclass=”li5″>cause nuisance, annoyance, inconvenience, harassment, personal injury or property damage, whether to mBangun dan Mitra Mbangun (and its officers, directors, members, employees and agents), any Servicing Provider, or any other party; or
damage mBangun dan Mitra Mbangun’s or any of its Group Companies’ reputation in any way.
You shall not use the Services to:
commit a crime or do anything contrary to Applicable Law; or
harm or injure another person or infringe another person’s rights.
Servicing Providers are required to agree that they will be careful and provide the Services safely. However, You are ultimately responsible for Your own safety in Your use of the Services, and You shall take all necessary precautions.

8. Your Mobile Device

• Your access to the User Application will be through a Mobile Device. It is Your responsibility to check and ensure that You download the correct software (including the latest version of the User Application) for Your Mobile Device. mBangun dan Mitra Mbangun is not liable if You do not have a compatible device or if You do not have the latest version of the software (including the latest version of the User Application) for Your Mobile Device.

If a Mobile Device is lost, stolen, broken and/or no longer in Your possession, and this exposes Your Account information to someone else or otherwise affects mBangun dan Mitra Mbangun’s legal rights and/or remedies, You must immediately notify mBangun dan Mitra Mbangun and follow the procedures notified by mBangun dan Mitra Mbangun.
You are solely responsible for having in place an appropriate internet and mobile plan and for any fees charged by Your telecommunications service provider, such as telephone, SMS and internet data fees. You acknowledge that Your use of the System may consume large amounts of data and that You will be solely responsible for such usage and the associated fees.

9. Financial terms

The download and/or use of the User Application is provided for You to use the System and is provided on a royalty-free basis. mBangun dan Mitra Mbangun reserves the right to charge a fee for all support and services You obtain, directly or indirectly, through the use of the System, as notified to You by mBangun dan Mitra Mbangun from time to time (including via the Policies).
Servicing Providers are entitled to charge You a fee for the Servicing, which may include:
a fee for each instance of Servicing Services;
any applicable cancellation or other charges in accordance with mBangun dan Mitra Mbangun’s prevailing Policies; and
any applicable taxes calculated in accordance with Applicable Law (together, the User Fees). The fee for each instance of  Services, any cancellation or other charges and/or taxes (as applicable) will be calculated via the User Application and all other charges will be manually entered by the Servicing Provider into the Vendor Application (without mark-up) and are payable by You via the User Application or otherwise in accordance with the Policies. You have the right to agree with the Servicing Provider on a different fee for provision of the Services, such agreed fee to be applied only after notification to mBangun dan Mitra Mbangun and reflected as the fee for Services in the Driver Application.
The fee component of User Fees may increase based on demand and other factors in Your location. mBangun dan Mitra Mbangun will always endeavour to inform You about any such increase via the User Application and it is Your responsibility to review the User Fees (or the basis on which they will be calculated) carefully before electing to purchase  Services. You will be deemed to be aware of, and You accept responsibility for, all User Fees incurred under Your Account.
mBangun dan Mitra Mbangun may update the basis on which User Fees are calculated via the System at any time in its absolute discretion. Any User Fees on or after the date on which the update takes effect shall be subject to the updated calculation.
The User Application may provide You with an option to cancel certain Services before such Services commence. If You choose to do so, You may be required to pay a cancellation charge in accordance with mBangun dan Mitra Mbangun’s prevailing Policies.
When using Services, You must make yourself available at Your designated pick-up location by the relevant time specified via the User Application or the relevant Policies. If You fail to do so, the Servicing Provider is entitled to cancel the  Services and You may be charged a cancellation charge, or other applicable charges, in accordance with mBangun dan Mitra Mbangun’s prevailing Policies.
You acknowledge and agree that mBangun dan Mitra Mbangun may, to the extent permitted by Applicable Law, adjust or cancel the User Fees (or any part thereof) payable in connection with a particular instance of  Services, acting reasonably (for example, where mBangun dan Mitra Mbangun determines that there is an error in the original calculation, that You have not complied with these Terms of Use, that a fee was charged when it should not have been (or vice versa), or in the case of a complaint).
In order to promote usage of the System, mBangun dan Mitra Mbangun may from time to time, in its sole discretion, offer promotions based on You meeting specified criteria and complying with specified conditions. You may choose whether or not to participate in the promotion. If You do decide to participate, Your right to benefit from the relevant promotions is conditional on You meeting all of the specified criteria and complying with all of the specified conditions, to mBangun dan Mitra Mbangun’s reasonable satisfaction. If You do not do so, You will not be entitled to the benefits of the relevant promotions. You agree that You will only use such promotions for their intended use and will not abuse, duplicate, sell or transfer the promotions in any manner. You also understand that the promotions cannot be exchanged for cash and may expire on a certain date, even before You use them.
Unless otherwise determined by mBangun dan Mitra Mbangun, all amounts payable by You under these Terms of Use are final and non-refundable, and must be paid using the payment methods offered via the User Application from time to time, including (where applicable) by cash, credit or debit card or by using App Credits or Vouchers.
Where You choose to make payment using cash, You shall pay all User Fees payable to the Servicing Provider, and any other amounts payable to mBangun dan Mitra Mbangun, to the  Provider, who shall collect the amounts payable to mBangun dan Mitra Mbangun on behalf of mBangun dan Mitra Mbangun.
Where You choose to make payment using a non-cash payment method, You grant to mBangun dan Mitra Mbangun the full power and authority to debit the same using the default payment method designated in Your Account and remit the User Fees on Your behalf to the Servicing Provider, after deduction (where applicable) of the relevant amounts by mBangun dan Mitra Mbangun in accordance with its arrangements with the Servicing Providers.
All payments must be in the local currency in the Territory.
If App Credits are available in Your Territory, Your use of App Credits may be subject to Specific Terms and Local Terms. Please check these carefully before using App Credits. mBangun dan Mitra Mbangun may at its absolute discretion reject Your request to purchase App Credits for any reason. For the avoidance of doubt, App Credits are not redeemable for cash, are not refundable under any circumstances and cannot be resold or exchanged for value.
If You are have been incorrectly charged a fee, you may contact us via the User Application or by email to support@m-Bangun.com dan Mitra m-bangun.com for assistance. mBangun dan Mitra Mbangun has sole discretion in determining whether to process any refund or return of payment to You and the mode of such refund or return of payment (including by way of Vouchers).
These Terms of Use shall be subject to all applicable prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any applicable future taxes that may be introduced at any point of time.
You agree to do everything necessary and required by Applicable Law to enable, assist and/or defend mBangun dan Mitra Mbangun to claim or verify any applicable input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the System and/or the Transportation Services.

10. Indemnities and liability

You shall defend, indemnify and hold harmless mBangun dan Mitra Mbangun, its licensors and each such party’s Affiliates and their respective officers, directors, members, employees and agents from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with:
Your breach of any term of these Terms of Use, the Policies, or any Applicable Law; and
Your use of the System and/or the Transportation Services, including:

(a) any claim by You or a person acting on Your behalf that any mBangun dan Mitra Mbangun Group Company, rather than a Servicing Provider, is the provider of the Transportation Services;

(b) any third party claims (including claims by any Servicing Providers) arising from Your use of the System and/or the Transportation Services; and

(c) in respect of any items that You purchase, obtain and/or transport using the Services.

The System is provided “as is” and “as available”. To the maximum extent permitted by Applicable Law, mBangun dan Mitra Mbangun disclaims all representations and warranties, express, implied or statutory, save as expressly set out in these Terms of Use, including any warranties of merchantability, fitness for a particular purpose, reasonable care and skill, and non-infringement.
Without limitation to clause 9.2, mBangun dan Mitra Mbangun makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the System, or that the System will be uninterrupted or error-free, or will operate in combination with any other hardware, software, system or data, or that any data will be accurate or reliable.
mBangun dan Mitra Mbangun does not provide and is not responsible for providing or ensuring the provision of the Services. mBangun dan Mitra Mbangun does not guarantee the quality, suitability, safety or ability of the Servicing Providers or any other third party providers.
The System may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by You or the Servicing Provider being faulty, not connected, out of range, switched off or not functioning. mBangun dan Mitra Mbangun is not responsible for any delays, delivery failures, damages or losses resulting from such problems.
Timelines specified for Services are, unless expressly agreed otherwise by mBangun dan Mitra Mbangun in writing, indicative. Neither mBangun dan Mitra Mbangun nor the Servicing Providers make any warranty, representation or undertaking that specified timelines will be met.
Nothing in these Terms of Use limits or excludes a party’s liability for death or personal injury caused by such party’s negligence, for fraud, or for any other liability to the extent it cannot be limited or excluded under Applicable Law.
To the maximum extent permitted by Applicable Law, mBangun dan Mitra Mbangun shall not be liable for:
indirect, incidental, special, exemplary, punitive or consequential damages;
loss of use, lost profits, lost data, lost business, lost goodwill, lost contracts or lost opportunity; and
personal injury or property damage,
To the maximum extent permitted by Applicable Law, and unless otherwise specified in the Specific Terms, in no event shall mBangun dan Mitra Mbangun’s maximum aggregate liability arising under and in connection with the System, the Services and/or these Terms of Use, whether in contract, tort, breach of statutory duty or otherwise, exceed the User Fees paid by You in connection with the first event giving rise to a claim under these Terms of Use.
Unless otherwise specified in the Specific Terms, any claims You have against mBangun dan Mitra Mbangun under or in connection with the System, the Services or these Terms of Use must be notified to mBangun dan Mitra Mbangun within one (1) year after the events giving rise to such claim, failing which (to the maximum extent permitted by Applicable Law) You will forfeit any rights and remedies You have in respect of such claim.

11. Term and termination

These Terms of Use shall continue until terminated in accordance with their terms.
mBangun dan Mitra Mbangun may terminate these Terms of Use, and/or suspend or terminate Your use of the System in whole or in part:
at any time for any reason by giving notice to You; and
Immediately, with or without notice, if You are in breach of any term of these Terms of Use, without prejudice to mBangun dan Mitra Mbangun’s other rights and remedies.
You are under no obligation to use the System and may cease using them at any time by permanently deleting the User Application from Your Mobile Device, thus disabling Your use of the User Application. These Terms of Use are automatically terminated when You permanently delete the User Application from Your Mobile Device.
On termination or expiry of these Terms of Use for any reason, You shall:
Promptly (and in any event within three days), pay any money owed to mBangun dan Mitra Mbangun (which shall become immediately due and payable on termination or expiry), including any outstanding payments in connection with Services ordered by You prior to termination or expiry; and
Immediately delete and fully remove the User Application from Your Mobile Device.
The parties shall have no further obligations or rights under these Terms of Use after termination of the Terms of Use, without prejudice to any obligations or rights which have accrued to either party at the time they are terminated, save that the provisions of clauses 2, 3, 8.15, 8.16, 9, 10, 11, 12 and 13, of these Terms of Use and any other clause which expressly or by its nature is intended to survive, shall continue to have effect after the end of these Terms of Use.

12. Privacy

•  You agree and consent to mBangun dan Mitra Mbangun using and processing Your personal information as set out in our Privacy Policy, as amended from time to time.

13. Disputes

These Terms of Use (and any and all disputes arising out of or in connection with these Terms of Use (including any alleged breach, or challenge to the validity or enforceability, of these Terms of Use or any provision hereof)) will be subject to the laws of Singapore.
Any and all disputes arising out of or in connection with these Terms of Use will be finally settled by binding arbitration under the Arbitration Rules of the Singapore International Arbitration Centre (Rules) (which Rules are deemed to be incorporated by reference into these Terms of Use) by one arbitrator, appointed in accordance with the Rules. The arbitration will take place in Singapore and the language of the arbitration will be English.

14. General

mBangun dan Mitra Mbangun shall not be liable for delay or failure in performance resulting from causes beyond mBangun dan Mitra Mbangun’s reasonable control.
You shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of mBangun dan Mitra Mbangun or any of its Affiliates.
mBangun dan Mitra Mbangun may amend these Terms of Use at its sole discretion from time to time. mBangun dan Mitra Mbangun will use its reasonable endeavours to notify You of any material changes to the Terms of Use; however You agree that it is Your responsibility to review the Terms of Use regularly and Your continued use of the System will constitute Your acceptance to the amendments. Otherwise, no addition to or modification of these Terms of Use will be binding on the parties unless made in writing by the parties.
The rights of each party under these Terms of Use may be exercised as often as necessary, are cumulative and not exclusive of rights or remedies provided by law and may be waived only in writing and specifically. Delay in the exercise or non-exercise of any right is not a waiver of that right.
These Terms of Use constitute the entire agreement and understanding of the parties relating to the subject matter of these Terms of Use and supersedes any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby also exclude all implied terms in fact. In entering into these Terms of Use, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms of Use. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this clause it might otherwise have had in relation to any of the foregoing. Nothing in these Terms of Use excludes liability for fraud or any other liability that cannot be limited or excluded under Applicable Law.
You may not assign, sub-license, transfer, subcontract, or otherwise dispose of any of Your rights or obligations, under these Terms of Use without mBangun dan Mitra Mbangun’s prior written consent. mBangun dan Mitra Mbangun may at any time assign, sub-license, transfer, subcontract or otherwise dispose of its rights or obligations under these Terms of Use without notice or consent (save to the extent required by Applicable Law).
If any Court or relevant authority determines that any part of these Terms of Use is illegal, invalid or unenforceable under Applicable Law, the remaining parts of these Terms of Use will remain in full force and effect and the relevant part will be replaced with a provision that is legal, valid and enforceable and that has, to the maximum extent possible, an equivalent effect to the substituted part of these Terms of Use.
A person who is not a party to these Terms of Use has no right to rely upon or enforce any term of these Terms of Use.
mBangun dan Mitra Mbangun may give notice to You by means of a general notice published on the User Application, the Website, the Policies, or to Your email address set out in Your Account. You must give notice to mBangun dan Mitra Mbangun by email to support@m-bangun.com dan Mitra m-bangun.com.

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