Terms of Service
Last updated on

Terms of Service

Last updated on……

ZMFY Ons Demand having their registered address at Menara Centennial 35th FLoor Jl. Gatot Subroto No.Kav. 24-25, RT.2/RW.2, Karet Semanggi, Kecamatan Setiabudi, Kota Jakarta Selatan, Daerah Khusus Ibukota Jakarta 12930 is engaged in facilitating freelance services to customers worldwide remotely via video communication (“Services”). The following terms and conditions govern your access and use of the web portal and all information, content, services and functionality available at or through the application and/or the website, ZMFE.ME (“ Platform”). This Platform is owned and operated by ZMFY Ons Demand, a registered company in Indonesia. (“ZMFY”,” we”, “us “, or “our “).

This page sets out our Services and Platform terms of use (“ Terms of Service”). The Terms of Service on this page are important because they describe:

● the rules to be followed when using the Services and Platform; and

● the terms and conditions that apply to any subscription you make on our Services and Platform.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE PLATFORM. By visiting our Platform, you agree to be bound by the following Terms of Service and Privacy Policy , including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

These Terms of Service apply to all users of the Platform, including without limitation users who are browsers, vendors, customers, service providers, contributors of content , and/or anyone who accesses or uses our Services and Platform as well as any features (including the [please insert other features]) and content (including the pricing and FAQ) made available through the Platform (“ you, yours, or Users”). You acknowledge that you have read these Terms of Service and indicate your agreement to be bound by these Terms of Service and the documents referred to in them. In the event of any conflict or inconsistency between these Terms of Service and pricing or FAQ, these Terms of Service shall prevail. If you do not agree with all of these Terms of Service, then you are prohibited from using the Platform and Services and you must discontinue use immediately. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

If you have any questions concerning the Terms of Service, please contact us by sending a message on our website, __________________.

Information Communication:

The User consents to receiving marketing emails on their registered email address from time to time which informs the Users of information including but not limited to Service updates and even new features that are added to the Platform including offers and promotions that may be of your interest through push notifications and/or the registered email.

1. USING THE SERVICES AND PLATFORM

1.1 Registration

1.1.1 The Platform and Services are intended for users who are at least 18 years old and meet the legal minimum age required by the law of the country of Users. If you are under the age of 18 or under the legal minimum age required by the law of your respective country, you are not permitted to register for the Platform or use the Services without parental permission.

However, if you are above the age of 18 yet not meeting the legal age as per your respective country laws, you are also requested to seek parental permission or immediately cease using the Platform. By registering for any Services, you represent and warrant that you are eligible to use the Platform to us, that you have obtained consent in writing from your parent or legal guardian as required by your respective law to accept and comply to these Terms of Service on your behalf and take responsibility for your actions, and any charges associated with your use of the Services and Platform.

At the time of Registration , you will need to sign up on our Platform and create an account to avail the Services. You shall register by sharing your valid email address, valid mobile number and other Personal Information indicated as required to avail the Services through the use of your social media accounts like Facebook and LinkedIn. As part of the account activation process, you may be required to verify your email address and/or mobile number. This will help in associating a relationship with the us and is required for future reference purpose. You will be informed about the important updates of the Services referring to these details only. All your information will be kept with ZMFY and can be shared with our business affiliates and partners who shall assist us in providing you the relevant Services. The personal data of the Users shall be processed as per our Privacy Policy.

1.1.2 The person signing up or opening an account will be the considered the account owner and contracting party for the purposes of these Terms of Service and will be the person authorised to use the account in connection with the Services. For the avoidance of doubt, “you” and “your” in these Terms of Service refer to the account owner.

1.1.3 If you are opening or operating an account on behalf of your employer or any other third party, your employer or such third party will be the account owner and you represent and warrant that you have the authority to act on behalf of such employer or third party and bind such employer or third party to these Terms of Service.

1.1.4 You warrant that all particulars and information provided in the creation of your account are complete, true and accurate personal information including but not limited to first name, phone number, date of birth and email address at the time of registering for the Service. This will help us in providing better Services, assisting you with your query and also in associating a relationship with us. You will be informed about the important updates of the Services referring to these details only. Apart from the personal information mentioned hereinabove, ZMFY shall also access your IP address and location data to understand your preferences on our Platform and by displaying Services that may be relevant to you. The personal information of the Users shall be processed as per our Privacy Policy. You shall ensure that such personal particulars and information are kept updated in the user profile.

1.1.5 You are solely responsible for any activity that occurs on your account and shall be responsible for maintaining the security and confidentiality of your password to your account. You must notify us immediately if you have knowledge that or have reasons for suspecting that the confidentiality of your password has been compromised or if there has been any unauthorised use of your account or any other known account-related security breach.

1.1.6 We shall not be liable for any losses or damages incurred as a result of your account details being shared by you or caused by prohibited actions as stated in clause 2.1 conducted by any third party.

1.1.7 In the event of a dispute regarding account ownership, we may temporarily disrupt services until a resolution has been determined between the disputing parties. We reserve the right to determine and/or grant ownership to an account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. We reserve the right to request for any documentation to determine or confirm account ownership. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so, without liability to you or to any other party.

1.2 Our Rights

1.2.1 We reserve the right to:

(a) We reserve the right to change, modify, or remove our content at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.

(b) We cannot guarantee the Platform and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors. You agree that ZMFY has no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform or Services during any downtime or discontinuance of the Platform or Services. Although we will try our best, we are not obliged to maintain and support the Platform or Services or to supply any corrections, updates, or releases.

(c) There may be information on the Platform that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.

(d) We may at any time make changes to these Terms of Service, Platform or the Services to meet our users' needs and/or for our business priorities at any time. We are entitled to charge you for the website or its services by a prior notification in writing to you. The updated version of these Terms of Service will be indicated by an updated revised date and the updated version and/or the changes in the Services will be effective when posted. You are responsible for visiting this Platform and to stay informed of all the updates. Your continued use of the Platform represents that you have accepted such changes.

(e) Restrict access to, disrupt services or delete your account for any reason whatsoever and at any time;

(f) Report any activity we suspect to be in violation of any applicable law to the appropriate authorities and cooperate with such authorities;

(g) Request any information from you in connection with your use and/or access to the Services and Platform at any time;

(h) Provide our Services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that our employees and contractors may also be our users and that they may compete with you, although they may not use your confidential information in doing so;

(i) Reject your application for an account, unpublish an existing account, cancel a subscription or delete an existing account for any reason, in our sole discretion.

1.3 How ZMFY Works:

Buyers (individuals procuring Services from the Host)

1.3.1 Users who buy or subscribe the Services from the Host in the Platform (hereinafter referred as the “Buyers”) have the liberty to search for the relevant Services they require and select any host, vendor, seller, or other third party who provides the relevant Services for the Buyers in the Platform (hereinafter referred as the “Host ”) of their choice.

1.3.2 Pursuant to that, Buyers can invite the Host and book the date and time to receive the Services. An email or whatsapp text shall be received by the Buyer with a link to Zoom , Microsoft Teams, or any video link session.

1.3.3 Furthermore, the Buyer shall make the payment for the Services in advance which shall be placed in the project funds in escrow that will be transferred to the Host no later than five (5) working days of Services delivery provided by the Host. For the avoidance of doubt, any advance payment or remaining balance shall be non- refundable to the Buyer.

1.3.4 Buyers will get an opportunity to provide feedback in the form of stars and comments to the Host after the end of the session.

1.3.5 Host shall have access to the resolution center where all disputes and/or claims relating to the Services shall be resolved.

1.4 Host (Registered service providers in ZMFY)

1.4.1 Host build a profile displaying the Services they would like to offer to the Buyers.

1.4.2 Host will be getting support from us to design an appealing profile and guidelines for how to deliver services remotely using Zoom Microsoft Teams, or any video link.

1.4.3 Host will be able to manage his/her calendar and bookings via Platform and confirm payments.

1.4.4 ZMFY will provide Host with a dashboard where all relevant booking and payment information will be visualized.

1.4.5 Host shall have access to the resolution center where all disputes and/ or claims relating to the Services shall be resolved.

1.5 Disputes and Cancellations

We encourage our Buyers and Hosts to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Platform including but not limited to violation of Terms of Service, Users can contact ZMFY's customer support department for assistance by reaching us at _________________.

1.6 Fees and Payment NOTE: ZMFY TO CONFIRM

1.6.1 The subscription fees to subscribe to our Services are available on our pricing page. All subscription fees are payable in advance, regardless of the subscription plan chosen. Upon payment of the subscription fees, you will receive a payment receipt. The method of payment available as well as the pricing of each subscription plan are available on the pricing page of the Platform.

1.6.2 After subscribing to our Services, you may also upgrade your subscription plan. The subscription fee to upgrade your subscription plan is available on our pricing page.

1.6.3 We may notify you by email at least 7 days prior to the expiry of the current subscription period to remind you of the current subscription period. If you fail to make payment before the end of the current subscription period, we may block, limit, downgrade, disable, suspend or terminate your access to all or part of the Services and Platform at any time based on our discretion, without prior notice or obligation to you. Thereafter, unless you have completed payment for an extension of your subscription, we disclaim and make no representation or warranty in respect with, and in no event will we have any liability arising out of or in connection with the loss, liability, damage or expense of whatever nature from such action that we have taken in relation to your access to our Services and Platform.

1.6.4 In the event you delete your account or cancel your subscription to our Services, we will not provide refunds or rebates on your subscription fees, pro-rated or otherwise.

1.6.5 The subscription fees are exclusive of taxes, and you shall be responsible for payment of all applicable taxes relating to your use of the Services or to any payments made by you.

2. PROHIBITED ACTIONS

2.1 You agree to use our Services and Platform in accordance with these Terms of Service and for lawful and proper purposes. Further, as a User of this Platform, you agree not to:

2.1.1 Pass off or attempt to pass off our Services and Platform as the product of anyone other than us, including removing, altering or replacing any notices of authorship, trademarks, business names, logos or other designations of origin;

2.1.2 Interfere with or disrupt our Services and Platform, or servers or networks connected to our Services and Platform, including running or activating processes on our Services and Platform that interfere with their proper working or place an unreasonable load on our Services and Platform infrastructure;

2.1.3 Violate the security of any network, including cracking passwords or encryption codes, transferring or storing any illegal material, or otherwise obtaining the password, account or private information from any other user of our Services and Platform;

2.1.4 Obtain or attempt to obtain unauthorised access, via whatever means, to any of our systems and those owned or operated by us;

2.1.5 Use manual or automated software or processes to extract, export or otherwise scrape any material displayed on our Platform, including text, graphics, photographs, images, illustrations, audio, video, data, ratings, reviews and other information (“Content”). Such manual or automated software or processes include datamining, scraping, spidering, indexing, storing or rehosting the Content outside our Platform;

2.1.6 Use manual or automated software or processes to create derivative works based on the Content in our Services and Platform;

2.1.7 Abuse, harass, threaten, impersonate or intimidate anyone;

2.1.8 Post or transmit, or cause to be posted or transmitted, any material as stated in clause 6.2 below;

2.1.9 Post or transmit, or cause to be posted or transmitted, malicious content including malware, Trojan horses, or viruses, or otherwise interfere with any user’s access to our Services and Platform;

2.1.10 Post or transmit, or cause to be posted or transmitted, unsolicited mass mailings or other forms of spam, including junk mail or chain letters;

2.1.11 Infringe any rights of any third party, including intellectual property rights or proprietary rights;

2.1.12 You may not access or use the Platform for any purpose other than that for which we make the Platform and our Services available. The Platform may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us;

2.1.13 Systematically retrieve data or other content from the Platform to a compile database or directory without written permission from us;

2.1.14 Make any unauthorized use of the Platform, including collecting usernames and/or email addresses of other Users to send unsolicited email or creating user accounts under false pretences;

2.1.15 Use the Platform to advertise or sell goods and services;

2.1.16 Circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any content or enforce limitations on the use;

2.1.17 Engage in unauthorized framing of or linking to the Platform;

2.1.18 Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;

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2.1.19 Make improper use of our support services, or submit false reports of abuse or misconduct;

2.1.20 Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;

2.1.21 Interfere with, disrupt, or create an undue burden on the Platform or the networks and services connected to the Platform;

2.1.22 Attempt to impersonate another user or person, or use the username of another User;

2.1.23 Sell or otherwise transfer your profile;

2.1.24 Use any information obtained from the Platform in order to harass, abuse, or harm another person;

2.1.25 Use the Platform or our Services as part of any effort to compete with us or to create a revenue-generating endeavour or commercial enterprise.

2.1.26 Decipher, decompile, disassemble, modify or reverse engineer any of the software comprising or in any way making up in whole or in part of the Platform, or otherwise attempt to obtain or access the source code of our Platform;

2.1.27 Attempt to access any portions of the Platform that you are restricted from accessing.

2.1.28 Harass, annoy, intimidate, or threaten any of our employees, agents, or other Users.

2.1.29 Delete the copyright or other proprietary rights notice from any of the content.

2.1.30 Copy, modify or adapt the Platform’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

2.1.31 Upload or transmit (or attempt to upload or to transmit) viruses, trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Platform, or any material that acts as a passive or active information collection or transmission mechanism.

2.1.32 Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools.

2.1.33 Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform.

2.1.34 Use the Platform in a manner inconsistent with any applicable laws or regulations and/or infringe, or cause us to infringe, any applicable law, statute, ordinance or regulation.

2.1.35 Misrepresent experience, skills, or information about a User.

2.1.36 Falsely imply a relationship with us or another company with whom you do not have a relationship.

2.1.37 Engaging in exchange of adult oriented or pornographic materials and services.

2.1.38 Exchange of rude, abusive, improper language, or violent messages while interacting.

2.1.39 You agree that you will not misuse our Services. You should use the Services as being provided to you and must not try to violate any of the procedures. Your account can be analysed by ZMFY anytime. Users are expected to behave respectfully with each other and create a healthy working environment during procuring of Service.

2.2 With respect to the Platform, we reserve the right, in our discretion (including for violations of clause 2.1 above), to:

2.2.1 Remove content in violation of our standards;

2.2.2 Suspend or terminate your account or access to the Platform;

2.2.3 Notify relevant authorities; and

2.2.4 Take other action that we deem appropriate or advisable.

2.3 If you are accessing our Services and Platform via a registered account you acknowledge and agree that you are responsible for maintaining the confidentiality of your account username and password, you will restrict access to your computer, and you agree to accept responsibility for all activities that occur under your account.

2.4 We may block, limit, disable, suspend or terminate your access to all or part of the Services and Platform at any time based on our discretion, without prior notice or obligation to you. Any actions by you that, at our discretion, restrict or prevent other people or entities from using or enjoying our Services and Platform are prohibited and may result in the termination of your access to the Services and Platform without further notice.

3. Feedback Content

To the extent that you provide ZMFY with any comments, suggestions or other feedback regarding the Platform or the website as a whole, as well as other ZMFY products or services (collective, the “Feedback”), you will be deemed to have granted ZMFY an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. ZMFY is under no obligation to implement any Feedback it may receive from Users.

4. YOUR PERSONAL DATA

4.1 Our Privacy Policy additionally governs your use of our Services and Platform. The Privacy Policy explains what personal data we collect from you, how and why we collect, use, and disclose such information, your rights in relation to your personal data and how to contact us if you have a query about the use of your personal data. You may access our Privacy Policy here: [●].

To the extent permitted by the law, you hereby acknowledge and agree that we or our partner may retain, store, process and use your personal data in any manner that we deem necessary or desirable in connection with the development and provision of Services by us; provided, that any such retention, storage, processing and usage shall comply with applicable law.

5. Ownership of Content and Intellectual Property Rights

5.1 ZMFY owns the Platform and all Services and Content therein except for content posted by the Users (“User Content”) and all worldwide intellectual property rights relating to the foregoing. Except as expressly authorized by ZMFY, you will not copy, distribute, sell, lease, perform, display, sublicense, modify or prepare derivative works of the Platform, in whole or in part. ZMFY reserves all rights not expressly granted to you under these Terms of Service. All Content on the Platform is protected by applicable copyright laws. You agree to comply with all copyright laws and any copyright notices, information, or restrictions contained in any Content available on the Platform or accessed through the Services. Any use of the Platform not expressly permitted by these Terms of Service will be deemed a breach of these Terms of Service and may violate copyright, trademark, and other laws.

5.2 To the extent that you provide us with any suggestions, feedback or other information relating to our business or the Services (including, but not limited to, suggested new Services or improvements to existing Services), such information is provided to us on a non-confidential and unrestricted basis, and you hereby grant to ZMFY, a non-exclusive, worldwide, perpetual, royalty-free, fully transferrable and sublicensable right and license to reproduce, display, distribute, use and fully exploit such suggestions, feedback and information.

5.3 All rights, including intellectual property rights, in and to our Services and Platform, including but not limited to their design, text, graphics, applications, software, underlying source code, are owned by us or our licensors (as applicable). Intellectual property rights mean rights such as copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world).

5.4 We and our licensors each reserve all of our respective rights in any intellectual property in connection with these Terms of Service. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.

5.5 Nothing in these Terms of Service grants you any legal rights in our Services and Platform other than as necessary to enable you to access the Services and Platform. You agree not to adjust or to try to circumvent or delete any notices contained on our Services and Platform (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within our Services and Platform.

5.6 Nothing contained on this platform should be construed as granting any licence or right to use any trademark without the prior written consent of the owner of the trademark.

5.7 In accessing our Services and Platform, you agree that any downloading of content is for personal, non-commercial reference only. No part of our Services and Platform may be reproduced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without our prior written consent.

5.8 Trademarks : ZMFY and associated brands and designs are the trademarks of ZMFY. You must not use any such trademarks unless you have a valid, written agreement or consent from ZMFY to do so. All third-party trademarks on the Platform are the property of their respective owners.

6. REVIEWS AND USER SUBMISSIONS

6.1 To the extent that our Services and Platform allow you to post, upload, transmit or otherwise make available any User Content, you agree that:

6.1.1 You are solely responsible for the User Content that you upload and you represent and agree that you will not share anything that would infringe any rights of any third party, including intellectual property rights or proprietary rights;

6.1.2 Although all intellectual property rights subsisting in any User Content will be owned by you or your licensors and you are always free to share your User Content with anyone else, you hereby grant us and our affiliates a non-exclusive, perpetual (surviving the termination of our contract with you), royalty-free, worldwide, transferrable and sub-licensable right to host, use, reproduce both electronically or otherwise, publicly display, distribute, modify, adapt, publish, translate and create derivative works from any and all such User Content (in accordance with our Privacy Policy), including without limitation for the purposes of advertising and marketing our Services and Platform;

6.1.3 We are under no obligation to store, retain, publish or make available any User Content uploaded by you and that you will be responsible for creating backups of any User Content if necessary.

6.2 You may not upload, post or transmit on or through the Services and Platform any User Content that:

6.2.1 Violate any third party copyright or other intellectual property rights or any right of publicity or privacy;

6.2.2 Contain pornographic, defamatory, or illegal or immoral content;

6.2.3 Exploit minors;

6.2.4 Contain unlawful or violent action;

6.2.5 Contain cruelty to animals or violence to animals;

6.2.6 Promote fraudulent schemes or generate fraudulent advertising claims or unfair competition; and

6.2.7 Violate any law, statute or regulation.

6.3 You hereby agree to indemnify us against any loss, liability, damage or expense of whatever nature which we, and any of our affiliates, may suffer which is directly or indirectly caused by or attributable to your use of our Services and Platform, to send or post any User Content.

6.4 For the avoidance of doubt, we reserve the right to remove any User Content which, in our opinion, is in violation of these Terms of Service or any applicable law.

7. HYPERLINKS AND THIRD-PARTY SITES

7.1 External links may be provided on our Services and Platform for your convenience, but they are beyond our control and we make no representations regarding these links. Your use or reliance on any external links and the content thereon is done at your own risk. When visiting external links you must refer to that external website’s terms and conditions of use.

7.2 You will not create any hypertext from any website controlled by you or otherwise to our Services and Platform without our express prior written consent.

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8. DISCLAIMERS AND LIMITATIONS OF LIABILITY

8.1 To the maximum extent permitted by applicable laws and regulations, ZMFY and all its officers, directors, employees, affiliates and agents assume no liability or responsibility for, and in no event shall ZMFY, its officers, directors, employees, affiliates or agents, be liable for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from, any personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Platform, any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the Platform, any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Platform, by any third party, and/or any errors or omissions in any submission(s) or other content made available by ZMFY, or for any loss or damage of any kind incurred as a result of the use of any submission(s) or other content posted, emailed, transmitted, or otherwise made available via the Platform, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. You understand and agree that ZMFY is not a party to any contract between the Users and the Host, is not involved in or responsible for any work performed by Host, is not involved in or responsible for any payment made under a direct contract between Host and Buyer, and has no control over any Host and/or Buyer. ZMFY does not have any power or authority to, and does not, determine any eligibility standards for any direct contract between the Host and the Buyer, select or contract any Host to provide services to a Buyer, determine or control any term or condition of the direct contract or project between Buyer and Host, or cause any Buyer or Host to accept any direct contract or perform any Services. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. ZMFY does not warrant, endorse, guarantee, or assume responsibility for any Service advertised or offered by a third party through the Platform or any hyperlinked Platform or featured in any advertising, and ZMFY will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or Services. You specifically acknowledge that ZMFY shall not be liable for User submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you, including but not limited to liability for:

8.1.1 Loss of actual or anticipated income (whether direct or indirect);

8.1.2 Loss of actual or anticipated profits (whether direct or indirect);

8.1.3 Loss of contracts or business or goodwill (whether direct or indirect); or

8.1.4 Loss of data,

8.2 Howsoever arising under or in connection with these Terms of Service, even if any of us and our affiliates together with each of our respective officers, directors, employees, agents, partners and representative has been advised of the possibility of such losses or damages that were, are being or will be incurred, including any losses or damages resulting from (i) any access, use or inability to use the Services or Platform; (ii) errors, mistakes or inaccuracies of or in any content (including the User Content) made available through the Services and/or Platform (iii) any unauthorised access to or use of our servers and/or any personal data and/or other information stored herein, (iv) any interruption or cessation of transmission to or from the Services or Platform, or (v) your use of any third-party sites or services or use of or access to any other website linked to the Platform. This provision applies regardless of whether the damages are based in contract, tort (including negligence), breach of statutory duty or otherwise, including under the indemnity obligations under these Terms of Service.

8.3 We have no special relationship with or fiduciary duty to you for accessing and using our Services and Platform and our Content. We have no control over, and no duty to take any action regarding:

8.3.1 Which users gain access to our Services and Platform;

8.3.2 What Content you access via our Services and Platform;

8.3.3 What effects our Content may have on you;

8.3.4 How you may interpret or use our Content; and

8.3.5 What actions you may take as a result of having been exposed to the Content.

8.4 We are also not liable for any costs associated with your network provider, who may charge you for accessing their connection services to access and use our Services and Platform. We are also not responsible for the availability and quality of your telecommunication reception when accessing or using our Services and Platform.

8.5 To the maximum extent permitted by applicable laws and regulations, we disclaim and make no representation or warranty in respect with, and in no event will we have any liability arising out of or in connection with:

8.5.1 Legality, decency, or propriety of any material contained or accessed through our Services and Platform, including material on other websites that we may direct you to;

8.5.2 Any advertising material submitted by third parties and displayed on our Services and Platform, including but without limitation, any error, omission, or inaccuracy; and

8.5.3 Any information shown, and the suggestions or recommendations made about the Services and Platform for any purpose.

8.6 THE SERVICES AND PLATFORM AND ALL CONTENT, INFORMATION, MATERIALS AND PRODUCTS AVAILABLE FROM THE SERVICES AND PLATFORM ARE PROVIDED TO YOU STRICTLY ON AN "AS IS" AND “AS AVAILABLE” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS IN RELATION TO THE PLATFORM OR THE CONTENT, INFORMATION, MATERIALS AND PRODUCTS AVAILABLE FROM THE PLATFORM ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY US (INCLUDING OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNEES). WITHOUT DEROGATING FROM THE AFORESAID, WE, OUR LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE PLATFORM OR CONTENT, INFORMATION, MATERIALS OR PRODUCTS AVAILABLE FROM THE SERVICES AND PLATFORM. WE (INCLUDING OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNEES) DO NOT REPRESENT OR WARRANT THAT THE USE OF THE SERVICES AND PLATFORM WILL BE TIMELY, UNINTERRUPTED, OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA.

8.7 Our Services, including but not limited to website features, made available on the Platform are dependent on the Aplication Programming Interface (or API) service of the marketplace to which our Services are connected to and the marketplace API service may not provide real-time update to our Services. To the maximum extent permitted by applicable laws and regulations, we disclaim and make no representation or warranty in respect with, and in no event will we have any liability arising out of or in connection with the loss, liability, damage or expense of whatever nature caused by the availability of the marketplace API, including any penalties or actions that the marketplace may impose on you.

8.8 A feature available on our Services allows you to upload and copy products from one marketplace to another marketplace. However, it is your responsibility to ensure that the products that are uploaded and copied to any marketplace meets the criteria and requirements stipulated by the respective marketplaces. To the maximum extent permitted by applicable laws and regulations, we disclaim and make no representation or warranty in respect with, and in no event will we have any liability arising out of or in connection with the loss, liability, damage or expense of whatever nature caused by your use of this feature.

8.9 We shall have no liability to you for any breach of these Terms of Service caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident. Where such events or circumstances results in a delay in or failure in the provision of our Services, we will provide you with an estimated time when you will regain access to our Services, but you will not have any right to terminate these Terms of Service due to such delay or failure.

9. Termination of our Services

We may also wish to stop providing the Services via Platform, and may terminate the Services at any time without giving a prior notice of termination to you. Unless we notify you otherwise, upon any termination, (a) the rights and licenses granted to you in these Terms of Service shall end; (b) you must stop using the Platform.

10. Indemnification

10.1 You undertake to defend, indemnify and hold ZMFY, our officers, directors, shareholders, employees, affiliates, and agents harmless from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, legal costs, arising from or relating to User content, your unauthorised use or conduct of the Platform or any violation of the relevant policies, including but not limited to these copyright or privacy right, Terms of Service, any applicable law(s) and regulations or rights of any third party(ies), and/or any other type of claim discussing alleged damages caused by your User Content to a third party.

10.2 ZMFY reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with ZMFY’ defence of such claim.

10.3 In addition, we may use whatever information that is available about you to stop any such breach of these terms, any unlawful or inappropriate use of the Services or Platform, including informing any third party we deem appropriate of such breach or use and/or disclosing your personal data to such third party.

11. MISCELLANEOUS

11.1 Visiting the Platform, completing online forms constitute electronic communications, you consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via e-mail and on the Platform, satisfy any legal requirement that such communication be in writing.

11.2 You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions.

11.3 Any act can be initiated or completed by us or via the Platform. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

11.4 These Terms of Service and any policies or operating rules posted by us on the Platform or in respect to the Services constitute the entire agreement and understanding between you and us.

11.5 Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.

11.6 We may assign any or all of our rights and obligations to others at any time.

11.7 We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.

11.8 If any provision or part of a provision of these Terms of Service is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.

11.9 There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the Platform or Services.

11.10 We may amend these Terms of Service from time to time by posting the updated Terms of Service on our Platform or anywhere else our Services are available. By continuing to use our Services or Platform after the changes come into effect means that you agree to be bound by the revised Terms of Service.

11.11 No failure or delay by us or any of our beneficiary in exercising any right or remedy under these Terms of Service shall constitute a waiver of that right. The exclusion or omission of any provision or term from these Terms of Service shall not be deemed of any right or remedy that we may have under applicable law.

11.12 Nothing in these Terms of Service shall be deemed or construed to create a partnership between us and you, and you acknowledge that we are independent parties to these Terms of Service and neither of us are agent to the other party.

11.13 A person who is not party to these Terms of Service shall not have any right or obligation under any applicable laws and regulations to enforce any provisions under these Terms of Service.

11.14 These Terms of Service and any other documents expressly referred to in these Terms of Service, as may be amended from time to time, constitute the entire agreement and understanding between us and you in relation to the subject matter of these Terms of Service and supersedes any previous agreement or understanding between us and yourself in relation to such subject matter.

11.15 No failure, delay or omission by us in exercising any right, power or remedy provided by law or under these Terms of Service shall operate as a waiver of that right, power or remedy, nor shall it preclude or restrict any future exercise of that or any other right or remedy. No single or partial exercise by us of any right, power or remedy provided by law or under these Terms of Service shall prevent any future exercise of it or the exercise of any other right, power or remedy.

11.16 These Terms of Service are not assignable, transferable or sub-licensable by you except with our prior written consent. We may transfer, assign or delegate these Terms of Service and our rights and obligations to related body corporates, purchasers of the business or other third parties. We will tell you in writing before this happens and we will ensure that the transfer will not affect your rights under these Terms of Service. By continuing to access or use the Services and Platform after such notice, you consent to such transfer, assignment or delegation.

11.17 If any provision of these Terms of Service (or part of any provision) is or becomes illegal, invalid or unenforceable, the remaining provision or part provision will remain in full force and effect to the maximum extent permitted under applicable laws and regulations.

11.18 If the Services are in other Jurisdiction : This Platform, ZMFY Services and the use of it and any dispute of any sort that might arise between you and ZMFY is governed by the laws of shall have exclusive jurisdiction over any disputes hereunder.

If the Services is in Indonesia Jurisdiction : These Terms of Service shall be construed in accordance with, and governed by, the laws of the Republic of Indonesia. Any unresolved issues or questions of interpretation arising in connection with these Terms of Service shall be resolved amicably and should such amicable solution cannot be settled within 30 (thirty) calendar days, then it shall be settled by arbitration under the rules of the Badan Arbitrase Nasional Indonesia (BANI), with its address at Wahana Graha Lt. 1&2, Jl, Mampang Prapatan No. 2, Jakarta 12760, in accordance with the prevailing regulations in Bahasa Indonesia. The seat of arbitration shall be referred to Republic of Indonesia regulation and the hearing venue shall be held in Jakarta, Republic of Indonesia. The tribunal shall be consisted of 1 (one) arbitrator that shall be appointed by BANI. The award of BANI shall be final and binding upon us and you.

11.19 You agree that this Terms of Service and all documents relating thereto be drawn up and interpreted in English.

In compliance with the Law of the Republic of Indonesia No. 24 of 2009 on Flag, Language, Coat of Arms and Anthem and the Presidential Regulation of the Republic of Indonesia No. 63 of 2019 on Use of Indonesian Language, these Terms of Service are prepared in the Indonesian and English languages. In the event of any inconsistency between the English language text and the Indonesian language text, or if there should be any dispute on the meaning or interpretation of certain provisions, the English language text shall prevail and the Indonesian language text will be deemed to be amended to conform with, and to make the relevant Indonesian language text consistent with, the relevant English language text.

11.20 You and us hereto agree to waive the provisions contained in Article 1266 of the Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata) so that you and us may terminate this Services in accordance with the Terms of Service herein without the need to obtain any relevant court approval or undergo any relevant judiciary administration process.