Terms and Conditions

Last updated: December 6, 2024

Contact Information

Bersih Sempurna

Jl. Jend. Sudirman Kav. 52-53

Jakarta Selatan 12190, Indonesia

Phone: +62 21 5140 8723

Email: [email protected]

Binding Legal Agreement

These Terms and Conditions constitute a legally binding agreement between you and Bersih Sempurna. By accessing our website or using our services, you acknowledge that you have read, understood, and agree to be bound by these terms.

If you do not agree with any provision of these Terms and Conditions, you must immediately discontinue use of our website and services. Your continued use of our services following the posting of changes to these terms will constitute your acceptance of those changes.

User Obligations and Responsibilities

1. Legal Responsibilities

As a user of our website and services, you agree to:

  • Comply with all applicable Indonesian laws and regulations
  • Ensure you have legal authority to enter into agreements on behalf of your organization
  • Provide accurate, current, and complete information when requested
  • Maintain the accuracy of information you provide to us
  • Notify us promptly of any changes to your contact or business information
  • Use our services only for legitimate business purposes

2. Prohibited Activities and Behaviors

You expressly agree not to:

  • Use the website in any way that violates applicable law or regulation
  • Engage in fraudulent activity or misrepresent your identity or affiliation
  • Transmit any advertising, promotional materials, or spam without authorization
  • Attempt to circumvent any security measures or access restrictions
  • Reverse engineer, decompile, or attempt to extract source code
  • Use automated tools to access the website without permission
  • Interfere with or disrupt the operation of our website or services
  • Collect personal information about other users
  • Use our services to compete with our business

3. Content Guidelines and Restrictions

When submitting content through our website, you must ensure it does not:

  • Contain false, misleading, or deceptive information
  • Violate intellectual property rights of any third party
  • Include harmful code, viruses, or malicious software
  • Contain inappropriate, offensive, or illegal material
  • Promote discrimination, harassment, or violence
  • Violate privacy rights or data protection laws

4. Age Restrictions and Requirements

Our services are intended for use by businesses and individuals who are at least 18 years of age. By using our website, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into binding contracts. If you are accessing the website on behalf of an organization, you represent that you have the authority to bind that organization to these terms.

Compliance and Indemnification

1. Compliance with Laws and Regulations

You agree to:

  • Comply with all applicable Indonesian and international laws
  • Obtain all necessary permits and authorizations for facility access
  • Ensure compliance with workplace safety regulations
  • Maintain proper insurance coverage as required by law
  • Adhere to environmental regulations and disposal requirements

2. Indemnification Obligations

You agree to indemnify, defend, and hold harmless Bersih Sempurna, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with:

  • Your violation of these Terms and Conditions
  • Your violation of any law or rights of a third party
  • Your use or misuse of the website or services
  • Any content you submit through the website
  • Your breach of any representation or warranty made to us

3. Privacy and Data Protection

You acknowledge and agree to comply with applicable data protection and privacy laws when providing us with information about your facilities, employees, or operations. You represent that you have obtained all necessary consents and authorizations to share such information with us for the purposes of providing cleaning services.

4. Third-Party Interactions

Any interactions you have with third parties through or as a result of your use of our website are solely between you and such third parties. You release us from all claims, demands, and damages arising from or related to such interactions. We are not responsible for the conduct of any third parties or their compliance with applicable laws.

Liability Limitations and Warranties

1. Disclaimer of Warranties

THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING:

  • Implied warranties of merchantability and fitness for a particular purpose
  • Warranties regarding accuracy, reliability, or completeness of content
  • Warranties that the website will be uninterrupted or error-free
  • Warranties that defects will be corrected
  • Warranties regarding security or freedom from viruses

2. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY INDONESIAN LAW, BERSIH SEMPURNA SHALL NOT BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or business opportunities
  • Service interruptions or delays
  • Errors or omissions in content
  • Unauthorized access to or alteration of transmissions or data
  • Actions or statements of third parties

Our total liability for any claims arising from or related to these terms shall not exceed the amount paid by you to us in the twelve months preceding the claim, or IDR 1,000,000 (one million Indonesian Rupiah), whichever is greater.

3. Consequential Damages Exclusion

Under no circumstances shall we be liable for any consequential, incidental, indirect, special, or punitive damages that result from your use or inability to use the website or services, even if we have been advised of the possibility of such damages. This limitation applies to damages for loss of data, revenue, profits, or business opportunities.

4. Force Majeure Provisions

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including:

  • Natural disasters, earthquakes, floods, or severe weather
  • War, terrorism, civil unrest, or government actions
  • Pandemics, epidemics, or public health emergencies
  • Power outages, telecommunication failures, or internet disruptions
  • Labor disputes, strikes, or work stoppages
  • Supplier failures or shortages

Legal Framework and Dispute Resolution

1. Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Indonesia, without regard to its conflict of law provisions. Any legal action or proceeding arising from or related to these terms shall be brought exclusively in the courts of Jakarta, Indonesia.

By using our website and services, you consent to the personal jurisdiction of these courts and waive any objection to venue in such courts.

2. Dispute Resolution Procedures

In the event of any dispute arising from or related to these Terms and Conditions:

  • The parties shall first attempt to resolve the dispute through good faith negotiations
  • If negotiations fail within 30 days, either party may pursue mediation
  • Mediation shall be conducted in Jakarta, Indonesia, in the Indonesian language
  • If mediation is unsuccessful, the dispute may be submitted to the courts

3. Severability Clause

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable. If such modification is not possible, the provision shall be severed from these terms, and the remaining provisions shall continue in full force and effect.

4. Terms Modification Policy

We reserve the right to modify these Terms and Conditions at any time. When we make changes:

  • We will update the "Last Updated" date at the top of this page
  • Significant changes will be communicated through email or website notice
  • Changes become effective immediately upon posting
  • Your continued use constitutes acceptance of modified terms
  • If you disagree with changes, you must discontinue use of our services

5. Entire Agreement

These Terms and Conditions, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Bersih Sempurna regarding your use of the website and services. These terms supersede any prior agreements, understandings, or representations, whether oral or written, regarding the subject matter.

6. Waiver and Assignment

No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right under these terms does not constitute a waiver of that right.

You may not assign or transfer your rights or obligations under these terms without our prior written consent. We may assign our rights and obligations without restriction.

Questions or Concerns

If you have any questions about these Terms and Conditions or need clarification on any provision, please contact us using the information provided at the top of this page.

For immediate assistance or to report violations of these terms, you may also reach us through our Contact page.