TERMS OF USE

1. Introduction

This terms of use ("Terms") govern the use of the "CFM" mobile application ("App"), websites of https://cfm-system.com ("Website") and services (collectively, the "Services") provided by PT Colliers International Indonesia (hereinafter also referred to as "Colliers Indonesia", "we" / "us" / "our" either itself or through its subsidiaries or licensees, via various electronic platforms to any users of our Services, users of the CFM mobile App that has agree to use the Services (collectively "user", "users", "you" / "your").

By using the Services in any manner, including but not limited to browsing, accessing or using our Website or by downloading, installing or using this App, you hereby expressly acknowledge and agree to observe and be bound by these Terms and the additional terms of Services and policies referenced herein. If you do not agree to these Terms of Services, please do not use these Services.

Colliers Indonesia reserves the right to change or modify these Terms at any time. You will be deemed to have agreed to the amended Terms by your continued use of the Services following the date on which the amended Terms are posted here.

2. Use of the Services

Subject to your compliance with these Terms, Colliers Indonesia grants you a limited, non-exclusive, revocable (with or without cause), non-transferable right and license to use the Services.

This Services is provided for your non-commercial, personal use only and must not be used for business or commercial purposes. You may not reproduce, modify, copy or distribute or use for commercial purposes any part of this Services without our permission.

You undertake that, when browsing, accessing or using this Website, or downloading, installing or using this App, or communicating with this App, you shall not do or attempt to do or permit any other person to do or attempt any of the following:

Upload any Content (as defined below) that violates or infringes another party’s rights of publicity, privacy, copyright, trademark or any other intellectual property right.
Engage in or encourage any conduct or make any statement which is or is likely to be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world.
Engage in or encourage any conduct or make any statement which is or is likely, in our opinion, to restrict or inhibit any other person from properly using or enjoying this Services.
Furnish false, inaccurate or misleading information, enter into fraudulent interactions or transactions with Colliers Indonesia or any third party (including by entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or by using a false or fictitious identity).
Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, interfere with, or disrupt the integrity or the performance of the Services.
Make any modification, adaptation, improvement, enhancement, translation or derivative work from the Services.
Violate any applicable laws, rules or regulations in connection with your access or use of the Services.
Use the Services in violation of or to circumvent any sanctions or embargo.
Remove, alter or obscure any proprietary notice (including any notice of copyright and trademark) of Colliers Indonesia or its affiliates, partners, suppliers or licensors.
Use the Services for any purpose for which it is not designed or intended.
Use the Services to create or promote a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Services or any services, product or software offered by Colliers Indonesia.
Use any proprietary information or interfaces of Colliers Indonesia or any other intellectual property of Colliers Indonesia in the design, development, manufacture, licensing or distribution of any application, accessories or devices for use with the Services.
Use the Services to send, post, or otherwise communicate any Content (as defined below) which is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libellous, inflammatory, deceptive, fraudulent, tortious, invasive of another person’s privacy, or sensitive as to race, religion or gender, threatening, of an indecent, obscene or menacing character, blasphemous or otherwise offensive to any individual or group.
Use the Services to send automated, unsolicited or unauthorised messages, advertising or promotional material or any junk mail, spam or chain letters.
Upload to, or transmit through the Services any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful components.
Use any scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy or monitor any portion of the Services, or any data or content found or access through the Services.
Intercept any communications transmitted by way of a telecommunications system.
Access or use this Services in such a way as to, or commit any act that imposes or is likely or calculated to impose an unreasonable or disproportionately large load on Colliers Indonesia’s infrastructure.
Execute any form of network monitoring which will intercept data not intended for you.
Collect any information in respect of other users without their consent.
Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content from this Services without the prior express written permission of the Colliers Indonesia and applicable third party.
Authorise or encourage anyone to do any of the foregoing.

3. User Account

Registering a mobile App user account and gaining access to Services is a two-step process.

Step 1: You would need to log in by inserting your ID and Password via ClockMe CFM Appht using your account created by for you ("Account") to access and use the User Account ("Login Credentials").

Step 2: You are able to do by self-registration after getting a key number and password that must be entered on the registration page.

You are solely responsible for the proper use and confidentiality of your Login Credentials. You shall ensure that you have at all times full control of and over the use of all such Login Credentials. Colliers Indonesia shall be entitled to treat all communications, transactions and other activities occurring under or referable to any such Login Credentials as having been carried out by you or on your behalf and with your knowledge and authority. Colliers Indonesia shall not be liable for any losses, damage, costs, fees or expenses arising out of or in connection with any communication, transaction or activity carried out under or referable to any Login Credentials assigned to you.

You shall not set up multiple Accounts, or transfer or sell your Account or user ID to another party. You must not use another user's Account without their permission.

All user Accounts are registered with a valid personal email address that you access regularly, so that, among other things, Colliers Indonesia may communicate with you by email in respect of the management and administration of your user Account. Any user Accounts which have been registered with someone else’s email address or with temporary email addresses may be closed by Colliers Indonesia without prior notice. Colliers Indonesia may require users to re-validate their user Accounts from time to time in order to ensure that the user Accounts are still active and registered with a valid email address.

Colliers Indonesia reserves the right to close any user Account if we believe that the user of the User Account is using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple registration accounts, or disrupts the smooth operation of this Services in any way or disrupts or annoys other users of this Services.

When you received an Account, you represent and warrant that:

If you are representing a company, organisation or any other legal entity ("Entity"), you have the authority to act on behalf the Entity to these Terms.
You are capable of entering into and performing legally binding contracts under applicable law.
You are and will be legally, financially and morally responsible for all activities that occur under your user Account.
All information which you provide is accurate, up to date, truthful and complete and that you will promptly inform us of any changes to such information by updating your user Account profile.

4. User Content

The Services allow users to creating and share content, such as photos, comments, data, text, links and other information ("Content"). If you provide Colliers Indonesia with any Content, you grant us a fully-paid, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable right and licence to use, copy, modify, adapt, translate, publish and distribute world-wide any such Content (subject to Colliers Indonesia’s Privacy Policy) by any means and in any media now known or to be developed in the future, for the purpose of operating, developing, providing, promoting, and improving the Services and to research and develop new products and services. To the fullest extent permitted under applicable law, you agree not to assert any moral rights or other intellectual property rights in respect of any use of such content or material by Colliers Indonesia or third parties authorised by Colliers Indonesia.

You understand and agree that you are solely responsible for the Content which you post or share on or through the Services and any loss or damage which you sustain as result of such Content is solely your responsibility.

Colliers Indonesia takes no responsibility and assumes no liability for any content or material provided by users of the Services. We are not obliged to monitor and review any such Content. However, we reserve the right to censor, edit, remove or prohibit the transmission or receipt of any such Content if we deem it inappropriate or in violation of these Terms of Service. During monitoring, the Content may be examined, recorded or copied, and your use of this Service constitutes your consent to such monitoring, copying and review.

You acknowledge that Colliers Indonesia does not pre-screen Content uploaded by users. Colliers Indonesia shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available on the Services. Without limiting the foregoing, Colliers Indonesia shall have the right to remove Content in any of the following events:

If the Content is in breach of these Terms.
If Colliers Indonesia has received a complaint or notice of infringement in respect of the Content.
If the Content is otherwise objectionable.

Colliers Indonesia may also block Content and the delivery of a communication (including, without limitation, feedback, postings, messages and/or chats) to or from the Services as part of efforts to protect the Services or users, or to otherwise enforce these Terms.

5. Privacy

Your privacy is very important to us at Colliers Indonesia and we have provided the Colliers Indonesia Privacy Policy, which can be found at https://cfm-system.com/PrivacyPolicy/eng ("Privacy Policy") to explain our privacy practices. Please review the Privacy Policy to understand how Colliers Indonesia collects, uses and discloses information collected and received from you or we received.

6. Intellectual Property

The intellectual property rights in this Services, including all of its information content, databases, compilations, designs, text, graphics, photos, videos, music, sound, and their selection and arrangement, and all software (including applets and scripts and underlying source code), vest solely in Colliers Indonesia or our licensors. All rights are reserved exclusively to Colliers Indonesia and our licensors. You acknowledge and agree that you have no right, title or interest in any such intellectual property.

All rights (including goodwill) in the CFM App name and trademark are owned by Colliers Indonesia or our licensors. Any other product, service or company names and trademarks which may appear on this Services are the names and trademarks of their respective owners.

Our Services may, from time to time, contain links to external sites or resources which are operated by third parties. We have no control over the content and privacy practices of such sites or resources. You are advised to review the privacy policies of these sites and resources operated by third parties and understand how your information may be used by those third parties.

7. Reporting Unauthorised Content

Colliers Indonesia respects the privacy, rights to a safe online environment and intellectual property rights of others and we expect the same of our users.

If you would like to report any abuse or violation to the Service Terms of Service Use and/or Privacy Policy, you may contact us via email at cfmsystem.helpdesk@colliers.com.

Colliers Indonesia reserves the right to suspend or terminate your Account and/or your access to the Services if there are repeat complaints against you of intellectual property infringement.

8. Suspension and Termination

You may stop using your Account at any time by logging out through the "Logout" option of your Account.

Colliers Indonesia reserves the right to, at its sole discretion, and without liability:

Suspend or terminate your Account and/or your access to the Services at any time, for any reason, and without advance notice.
Change, modify, suspend or discontinue, whether temporarily or permanently, the whole or any part of the Services at any time, for any reason, and without advance notice.

You acknowledge and agree that if you stop using your Account or if we suspend or terminate your Account, you may lose any information associated with your Account, including Content. It is your responsibility to backup the Content which you upload to the Services.

Upon termination, all licenses and rights granted to you in these Terms will immediately cease.

9. No Warranty

You acknowledge and agree that the Services are provided on an "as is" and "as available" basis, and that your use of or reliance upon the Services and any content, products or services accessed or obtained thereby is at your sole risk.

Colliers Indonesia does not represent or warrant that: (a) the use of the Services will be secure, timely, uninterrupted or error-free or that they will be compatible or operate in combination with any other hardware, software, system or data; (b) the Services will meet your requirements or expectations; (c) errors or defects in the Services will be corrected; or (d) the Services and Colliers Indonesia’s servers are free of viruses or other harmful components.

All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law.

The Services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications (including problems inherent to the computer or electronic device you use). Colliers Indonesia is not responsible for any delays, delivery failures, damages, or losses resulting from such problems.

No advice or information, whether oral or written, obtained by you from Colliers Indonesia or from the Services shall create any representation, warranty or guarantee. Furthermore, you acknowledge that Colliers Indonesia has no obligation to support or maintain the Services.

Colliers Indonesia disclaims any and all liability or responsibility in relation to the content made available through the Services, including but not limited to the Content uploaded by users or the third party content and services. Colliers Indonesia is not responsible or liable in any manner for the third party content and services associated with or utilized in connection with the Services, including the failure of such third party content and services.

10. Relationships with Third Parties

You acknowledge and agree that Colliers Indonesia will not be responsible for your interactions with third parties on the Website or through the Services. This includes, but is not limited to, delivery of services, as well as terms, conditions, guarantees or other statements relating to interactions between you and third parties. This relationship is between you and the third party. You acknowledge and agree that Colliers Indonesia will not be responsible for any loss or damage arising from such relationships or interactions. In the event of a dispute between the user and a third party, you understand and agree that Colliers Indonesia is not responsible for engaging in such disputes and you hereby release Colliers Indonesia, its employees, officers and agents from any claims and losses arising in any form in connection with our Services.

11. Limitation of Liability and Indemnity

If you have a dispute with any business relations or other users of this Services, you agree that you shall free Colliers Indonesia (or any of our officers, directors, agents, subsidiaries, joint ventures and employees) in respect of such dispute and you hereby release Colliers Indonesia from any and all claims, demands and damages (actual and consequential) arising out of or in connection with such disputes.

Colliers Indonesia is not responsible and assumes no liability whatsoever, and you shall not hold Colliers Indonesia responsible or liable for the acts or omissions of any business relations or other users of this Services or any dealings whatsoever between you and a business relations or other users of this Services, whether or not such relations have been facilitated by Colliers Indonesia or conducting on or through this Website or App.

You acknowledge and agree that your only right with respect to any problems or dissatisfaction with the Services is to request for termination of your account and/or discontinue any use of the Services.

Colliers Indonesia shall not be liable for any losses or damages which may be suffered by you (or any person claiming under or through the Licensee), whether the same are suffered directly or indirectly or are immediate or consequential, and whether the same arise in contract, tort (including negligence) or otherwise, however, which fall within any of the following categories:

special damage even though Colliers Indonesia was aware of the circumstances in which such special damage could arise;
loss of profits;
loss of business opportunity;
loss of goodwill; and/or
loss of data.
true identity, age, nationality, or sense of humour of a user.
any Content posted by users.

In no event shall Colliers Indonesia or its subsidiaries, affiliates, partners, suppliers or licensors be liable for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with your access or use of or inability to access or use the Services or any third party content and services, or arising out of or in connection with your conduct or the conduct of other users in connection with the use of the Services including without limitation death, bodily injury, emotional distress and/or other damages resulting from communications or meetings with other users or persons you meet through the Services, whether or not the damages were foreseeable and whether or not Colliers Indonesia was advised of the possibility of such damages.

12. Force Majeure

Colliers Indonesia shall not be liable for any failure to perform any obligations under these Terms of Service if such failure results from causes beyond its reasonable control, including without limitation acts of God (earthquake, volcano eruption, avalanche, tsunami, lightning, fire, flood, extremely severe weather, epidemic / outbreak); civil or military authority, civil disturbance, wars, strikes, lock-out, labour dispute, riot, failure of any telecommunications or computer system, requirement of any applicable law, accident (or by any damage caused by any of such events).

13. Amendment of these Terms of Use

Colliers Indonesia may amend these Terms of Service at any time by posting the amended terms on this Website or App, and all amended terms shall be effective immediately after they are posted. No amendment of these Terms of Service by you shall be binding on Colliers Indonesia unless it was made in writing and signed by you and Colliers Indonesia.

14. Indemnity

You will indemnify and hold harmless Colliers Indonesia, its subsidiaries, affiliates, partners, suppliers, licensors, shareholders, officers, employees, independent contractors and agents and all successors and/or assigns from and against any and all actions, claims, proceedings, damages, losses, costs and expenses resulting from: (a) your use of the Services; (b) your Content; (c) any use of your Account; (d) your breach of these Terms; (e) your breach of any statutory requirement, duty or law; or (f) your violation of any rights of another person or entity.

15. Compatibility

Colliers Indonesia does not warrant that the Services will be compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your device to diminish or fail completely, and may result in permanent damage to your device, loss of data located on your device, and corruption of the software and files located on your device. You acknowledge and agree that Colliers Indonesia and its subsidiaries, affiliates, partners, suppliers, and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.

16. Miscellaneous

You and Colliers Indonesia are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms shall remain in full force and effect.

Except as provided herein, any failure by Colliers Indonesia to exercise a right or require performance of an obligation in these Terms shall not affect Colliers Indonesia’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach of these Terms constitute a waiver of any subsequent breach.

You shall not assign any rights or delegate any obligations herein without our prior written consent and any attempted assignment or delegation in contravention of this provision shall be null and void and of no force or effect.

These Terms constitute the entire agreement between you and Colliers Indonesia and supersede all prior or contemporaneous understandings and/or agreements between you and Colliers Indonesia.

17. Governing Language

This Terms is also available in Indonesian version. Indonesian version is the governing language despite its translation into Indonesian. In the event of any discrepancies or inconsistencies between the Indonesian version and the translation thereof, the Indonesian version shall prevail.

18. Governing Law and Jurisdiction

You hereby agree that the laws of the Republic of Indonesia shall govern this Terms.

If there is a dispute the User must first contact Colliers Indonesia directly in order to carry out negotiations or deliberations to reach a good agreement for both parties.

Before contacting Colliers Indonesia directly to conduct negotiations or deliberations to resolve problems or disputes, the User agrees not to announce, make writings in online or print media related to the matter which can corner Colliers Indonesia (including shareholders, commissioners, directors, employees and agents).

If within 1 (one) month after the start of negotiations or deliberations do not reach an agreement, then each User and Colliers Indonesia agree to resolve the dispute through South Jakarta District Court.