API Terms of Use

 

PT Hutchison 3 Indonesia -  API Terms of Use

 

Published on 30-Oct-2019

Last update on 30-Oct-2019

 

This API Terms of Use governs your use of any website and applications program interface (API) of PT Hutchison 3 Indonesia (H3I) including any and all data, materials and information  therein or otherwise provided by or on behalf of H3I hereunder (the H3I API). H3I API includes all versions, modifications, enhancements, extensions and derivative works of any of the foregoing, as implemented or operated by H3I, from time to time.

 

H3I will announce new releases at [insert link]. By using the H3I API, you (the User) agree to this API Terms of Use. If you disagree with this API Terms of Use, H3I does not grant you a license to use the H3I API.

 

H3I may modify or discontinue the H3I API or a part or attribute thereof, or update and change these terms, from time to time without prior notice. Each time you use the H3I API, the current version of this API Terms of Use shall apply. Accordingly, when the User uses the H3I API, the User should use and check the most updated version of this API Terms of Use  and review any changes since the last version from time to time.

 

  1. 1.      Registration

Before H3I grants a license to use and access the H3I API, the User shall register with H3I and provide certain information and documents as may be required by H3I from time to time for the use and access of H3I API. The User agrees that it will keep any and all information and documents provided to H3I accurate and up to date. The User warrants that the User has the right and authority to enter into and implement its obligations under this API Terms of Use.

 

  1. 2.      License

 

The H3I API is licensed and there is no intention to transfer or sell the H3I API under this API Terms of Use. Subject to successful registration of the User, payment of any fees and charges (if applicable) made by the User and this API Terms of Use, H3I will grant the User with a non-exclusive, non-transferable, and non-sublicensable license to use the H3I API. The User shall obtain an API key from H3I to use and access the H3I API. The API key shall only be used in accordance with this API Terms of Use or as otherwise instructed by H3I. The User represents and warrants that it will protect the API key and any data of it from any unauthorised use, disclosure, access, or alteration and will inform H3I immediately in writing if there is a breach or violation of it.

 

When using the H3I API, the User shall comply with this API Terms of Use, all instructions given by H3I from time to time, and all applicable laws including but not limited to personal data protection, and shall not conduct anything that may infringe the intellectual property rights or any privacy, or other right of any person.

 

H3I at its sole discretion may change any part of this API Terms of Use at any time without notice. H3I may reject and terminate access and use of H3I API by User and any other parties at any time and without cause and liability to H3I.

 

  1. 3.      Restrictions 

 

Except and only to the extent expressly permitted in this API Terms of Use, the User shall not directly or indirectly (a) use the H3I API to create any software, product or system that is similar to the H3I API, (b) disassemble, decompile, reverse engineer or use any other means or attempts to discover any source code or underlying ideas, algorithms or organization of the H3I API (except and only to the extent expressly authorized by applicable statutory law), (c) sublicense, sell, lease, loan or transfer the H3I API or access or access codes thereto or derive revenues from the use or provision of the H3I API whether for direct commercial monetary gain or otherwise, (d) copy, duplicate, create derivative works of or otherwise modify the H3I API and any materials thereof, (e) use the H3I API in any arrangement or otherwise for the benefit of any third party, (f) use the H3I API, or allow the transfer, transmission, export or re-export of all or any part of the H3I API or any product or information thereof, in violation of any export control or other laws or regulations of all relevant jurisdiction, (g) use the H3I API with any application that constitutes, promotes or is used as spyware, adware or other malicious programs or codes, (h) use the H3I API in any manner or for any purpose that violates any applicable law or regulations or any right of any person or entity, including without limitation intellectual property rights or personal data protection or publicity, (i) use the H3I API in any manner that adversely impacts the stability of H3I's servers or adversely impacts the operational of other applications using the H3I API, (j) use the H3I API in connection with or to promote any products, services, or materials that constitute, promote, or are used primarily for the purpose of dealing in counterfeit goods, items subject to any embargo, hate materials, or the unlicensed sale of products, (k) present the H3I API so that it appears to be available from a third party website, or (l) fail to comply with terms and conditions set out by H3I from time to time.

 

  1. 4.      Obligations 

 

Third Party Content. The H3I API may provide access to content owned by H3I users and not by H3I (Third Party Content). The User agrees to comply with any and all requirements or restrictions imposed with respect to usage of such Third Party Content by its respective owners. The User is solely responsible for making use of Third Party Content in compliance with the owners' requirements or restrictions. If the owner of any Third Party Content requests the removal of such Third Party Content from a User website or application that makes use of the H3I API (the User Website), the User agrees to comply with such request within 24 hours following receipt of such request.

 

Privacy Policy. The User will disclose in each User Website a privacy policy or similar document describing how the User collects, uses, stores and discloses data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements to users of the User Website, collect information directly from users of the User Website, and place or recognize cookies on such users' browsers.

 

  1. 5.      Confidentiality

 

Except in those cases of a governmental or regulatory body requiring information, the User undertakes not to disclose to third parties any information, data, documents relating to H3I or H3I API unless such information is available in the public domain other than as a result of an infringement of the present duty of confidentiality contained in this section. The User undertakes to use the information referred to solely for the performance of this API Terms of Use and to keep the information strictly confidential. The User undertakes to impose the same obligations on persons who are used by them to implement this API Terms of Use as contained in this section. The User may disclose the existence and contents of the H3I API to third parties only after obtaining the prior written consent of H3I. The obligation of confidentiality set out in this section, shall survive the termination or expiration of this API Terms of Use.

 

  1. 6.      Ownership; No Implied License

 

The H3I API is protected by copyright, trademark, service mark, and/or other intellectual property rights laws of the Republic of Indonesia and other countries. H3I's rights apply to the H3I API and all output and executables of the H3I API excluding any software components developed by User which do not themselves incorporate the H3I API or any output or executables of the H3I API. Except for the limited license expressly granted herein, no other license is granted, no other use is permitted and H3I (and its licensors) shall retain all right, title and interest in and to the H3I API including any Intellectual Property Rights, data, information, and/or material related to the use of the H3I API, and any modifications and improvements thereto.

 

Intellectual Property Rights means (i) copyright, patents, know-how, confidential information, database rights, and rights in trademarks and designs (whether registered or unregistered), (ii) applications for registration, and the right to apply for registration, for any of the same, and (iii) all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world.

 

  1. 7.      Fees

 

The H3I API is available free to H3I’s users; however, for certain types of data in H3I or for a certain rate of usage of the H3I API, H3I reserves the right to charge fees to the User.

 

  1. 8.      Disclaimers

 

Except as specifically provided herein, the H3I API is provided “as is” without warranty of any kind.

 

H3I does not warrant that the H3I API will meet User’s requirements or be error-free, any operations or transmissions will be uninterrupted, error-free or secure, or that any results can be achieved. To the fullest extent permitted by law, H3I hereby disclaims (for itself and its licensors) all other warranties, express or implied, oral or written, with respect to the H3I API including, without limitation, all implied warranties of title, non-infringement, availability, security, quite enjoyment, accuracy, integration, merchantability or fitness for any particular purpose and all warranties arising from course of dealing, course of performance or usage of trade.

 

  1. 9.      Indemnification

 

The User agrees to defend, indemnify, and hold harmless H3I and its affiliates and their directors, officers, suppliers, employees and agents against any damages, expenses, liability, losses, claims, proceedings, suits, demands, settlements, judgments and costs from any third party claim arising from (i) the User’s breach of API Terms of User in any way related to its use of the H3I API, H3I data, or H3I’s brand & logos, including but not limited any products developed under this API Terms of Use by the User, (ii) infringement or violation of any third party's intellectual property rights, and (iii) violation and non-compliance to law and regulations including but not limited to personal data protection.

 

10.  Limitation of Liability

 

Except to the extent that any limitation of liability is prohibited by applicable law, H3I (or its licensors, officers, directors, agents, affiliates, employees or data providers) shall not be liable for any (i) matter beyond its reasonable control, (ii) loss or inaccuracy of data, loss or interruption of use, or cost of procuring substitute technology, goods or services, (iii) indirect, punitive, incidental, reliance, special, exemplary or consequential damages including, but not limited to, loss of business, revenues, profits or goodwill or (iv) damages, in aggregate, in excess of the fees paid by User to H3I, even if advised of the possibility of such damages. These limitations are independent from all other provisions of this API Terms of Use and shall apply notwithstanding the failure of any remedy.

 

11.  Term and Termination

 

The license granted herein continues in effect until terminated by either party. The User may terminate the license by discontinuing use of the H3I API. H3I at its sole discretion may terminate this license at any time for any reason or no reason. The User's rights to use the H3I API will automatically terminated if (i) the User violates any of the API Terms of Use, (ii) H3I publicly posts a written notice of termination in a media chosen by H3I, (iii) H3I sends a written notice of termination to the User, or (iv) H3I disables access to the H3I API to the User. All remedies for breach, and the provisions of Sections 5, 6, 9, 10, 11, 13, and 15 shall survive any termination of the API Terms of Use.

 

12.  Assignment

 

The User shall not transfer, assign or grant security any of its rights and obligations under this API Terms of Use to any party, without the prior written consent of H3I. H3I may assign its rights and obligations under this API Terms of Use in whole or in part to any entity controlled by, under the same control as, or controlling H3I without the consent of the User.

 

13.  Publicity 

 

The User hereby consents to H3I's inclusion of its name in User listings that may be published as part of H3I's business activities.

 

14.  No Partnership

 

The parties shall be independent in their performance under this API Terms of Use, and nothing contained herein will constitute either party as the employer, employee, agent or representative of the other party, or both parties as joint ventures or partners for any purpose.

 

15.  Other Provisions

 

  1. This API Terms of Use constitutes the entire agreement, and supersedes all prior negotiations and agreements (oral or written), between H3I and the User in connection with the use of H3I API.

 

  1. This API Terms of Use shall be governed by and construed in accordance with the laws of the Republic of Indonesia without regard to its conflicts of laws provisions. Any dispute between the User and H3I arising from or in connection with this API Terms of Use not promptly resolved amicably by the User and H3I shall be finally resolved by and referred to the Badan Arbitrase Nasional Indonesia (BANI) (Wahana Graha 2nd Floor, Jl. Mampang Prapatan No. 2, Jakarta Selatan 12760, Republic of Indonesia) in Jakarta, and in accordance with the rules of BANI.

 

  1. The failure of either party to enforce its rights at any time shall not be construed as a waiver. Except as specifically provided otherwise, each right and remedy in this API Terms of Use is in addition to any other right or remedy, at law or in equity, and the exercise of one right or remedy will not be deemed a waiver of any other right or remedy.

 

  1. This API Terms of Use is executed in and interpreted in accordance with the English language, and each party confirms that it has read and fully understood the content and consequences of this API Terms of Use and has no objection to this API Terms of Use being written, and entered into, in English. If requested by the User, H3I will provide User with the Bahasa Indonesia translation of this API Terms of Use within ninety (90) days of receipt of translation request by H3I as reference between the parties and for compliance with the Law No. 24 of 2009 of the Republic of Indonesia on the National Flag, Language, Coat of Arms and National Anthem (Law 24). The parties agree that the Bahasa Indonesia translation will be prepared solely for compliance with Law 24. The parties further agree and undertake that they will not (and will not allow or assist any other party to) in any manner or forum, challenge the validity of, or raise or file any objection to, this API Terms of Use on the basis of any failure to comply with Law 24.

 

  1. If all or any part of any provision of this API Terms of Use shall be or become illegal, invalid, or unenforceable, the remainder of that provision and/or all other provisions hereof shall remain valid and enforceable, and the illegal, invalid or unenforceable provision shall be deemed replaced by the valid and enforceable provision having the closest possible legal and economic effect.

 

 

version 6 as of 4 years ago by 3api admin