Terms of Use

Thank you for choosing Pekku as your website making partner! We are happy to serve you with our hearts.

Below, we have listed important terms ("Terms of Use") that apply to anyone who visits or using any of our services. These terms are necessary in order to protect both you and us and to make our services possible and more enjoyable for everyone.

We have attempted to make this terms more pleasant to read. If you have any questions, you are welcome to contact us via Live Chat.

INTRODUCTION

Pekku is a platform which allows people from around the world ("Pekku Users") to create a beautiful website by them - even without being a tech-savvy or designer. Such website can be used to promote you, sell items, company profile, or promoting anything else. We provide our users with numerous tools and services for creating and publishing stunning website and online shop ("Pekku Services"), so our Pekku Users can present their own-created website ("User Website" or "Your Website") to your friend, colleague, even other people ("Website Visitors").

LEGAL AGREEMENT

These terms of use together with other policies ("Pekku Regulations") are applicable to all our services, including, but not limited to, Pekku Users, Website Visitors, all Pekku.com pages ("Pekku Website"), and all of users' websites, except where we explicitly state otherwise.

This terms constitute a binding and enforceable legal contract between PT. Davinti Indonesia ("Pekku" or "we" or "us")(as a holding company) and all respective parties whom use Pekku Services.

You may use the Pekku Services only if you have fully agreed to the Pekku Regulations. If you do not read, fully understand, and agree to the Pekku Regulations, you must immediately stop using any of our services.

USER ACCOUNT

In order to access certain area of the Pekku Services, you need to register and create account with Pekku ("Pekku Account") which can be obtained from https://www.pekku.com. If anyone other than yourself accesses your Pekku Account, then they may perform any actions available to you, such as make changes to your user websites or account information. You ("Account Owner") are responsible to keep secret of your account details. All activities done by your Pekku Account will be assumed done on your behalf and in your name.

You must provide accurate and complete information when registering your Pekku Account. We encourage you to provide your own/company contact and billing details, including an active email address.

We reserve the right to determine ownership to a Pekku Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), then we reserve the right to avoid doing so. Among others, our consideration will be based on below assessments.

Please carefully read these assessments and consider adapting your practices accordingly, to ensure that what you believe to be "your" Pekku Account remains as such:

Pekku will consider the owner of a Pekku Account which saved inside our database, is the person responsible for every action in a Pekku Account, including, but not limited to, website's contents and file uploaded on Pekku Services.
If any paid services were purchased via a Pekku Account, then Pekku will consider the owner of such Pekku Account as the person who is doing the transaction. Pekku will use contact information you provide to us, when registering new account, when you order a new domain from Pekku. Therefore, your identity can be accessible by public through WHOIS data providers available in the internet.
Notwithstanding the forgoing, Pekku shall have the right to determine the ownership of a Pekku Account as it chooses, including by ignoring the assessments set above.

YOUR OBLIGATIONS

You represent and warrant that:

You are at least 17 (seventeen) years old and possess the legal authority to form a binding agreement, for yourself or on behalf of the person or entity committed by you the Pekku Regulations.
You understand that Pekku does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your end users.
You own all rights in and to any content uploaded by you ("User Content"), including, but not limited to, image, layout design, animation, video, audio file, logo, illustration, composition, interface design, text, literacy work, and any other materials.
The User Content is (and will always to be) true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to possess, post, transmit, or display in the country which you and your website visitors ("End Users") reside.
You have obtained all consents and permissions required under all applicable laws, regarding the information you published, images, and/or anything that could be a lawsuits in the future.

You undertake and agree to:

Fully comply with all applicable laws and any other contractual terms which govern your use of Pekku Services and related transactions, including those specific laws applicable to you or your End Users reside.
Be the one solely responsible of any consequences with respect to any of the uses of the Pekku Account and/or Your Website.
Regularly and independently backup any of your contents of Your Website and/or any of Pekku Services.
Receive from time to time offers, promotional messages, or notifications from Pekku through mail, email, or phone call you provide to us when registering new account. If you wish not to receive any offer/promotional messages, you can do so when registering new account.
Allow Pekku to use in perpetuity, worldwide, and free of charge, any version of Your Website/part of it - for any of Pekku's marketing and promotional activities, online and/or offline, for domestic/overseas use, and modify it as reasonably required for such purposes, and you waive any claims/lawsuits towards Pekku or anyone behalf relating to any past, present, or future timespan.
Allow Pekku to specify how we serve our Pekku Services to Pekku Users, including, but not limited to, server location, publications, ads, and/or display of any User Website/User Contents.

You agree and undertake NOT to:

Copy, modify, create derivative works of, adapt, reverse engineer/disassemble the Pekku Website or Third Party Services inside User Website ("Licensed Content") without Pekku's prior written and specific consent and/or expressly permitted under Pekku Regulations.
Submit, transmit, or display any User Content/Licensed Content in a content, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encourage criminal/harmful conduct, or which otherwise violate the rights of Pekku or any third party, and/or shows someone's picture, brand, entity, without their prior explicit approval.
Publish and/or using any of Pekku Services or Licensed Content on any website, media, network, or system other than those provided by Pekku, and/or page framing, "deep link", "page scrape", create browser or border environment around any of Pekku Services, without Pekku's prior writing approval.
Use any "robot", "crawling spider", and/or any other automation tools/softwares to access, acquire, copy, or monitor any portion of Pekku Services or its incoming/outgoing data through any means not purposely made available through the Pekku Services.
Act in a manner which might be perceived as damaging Pekku's reputation or which may bring Pekku into disrepute or harm.
Purchase/rent ads, domain, and any others services that use Pekku, its logo, and/or variations and misspellings thereof.
Impersonate any person/entity to provide false information on the Pekku Services and/or User Website, whether intentionally/un-intentionally, or perform any manipulation in order to disguise your identity of any information you send to Pekku, Pekku Services, Pekku Users, or User Website.
Falsely state Pekku or its third party services affiliate with you in any manners, including, but not limited to, state Pekku endorses you/your brand/your product.
Reverse look up, trace, and/or seek to trace another Pekku Users and/or violate any other Pekku Users' privacy and/or rights, including, but not limited to, personal information on domain name without consent from respective Pekku User.
Disable, circumvent, and/or bypass any of Pekku Services that causes restrictions or interferences on Pekku Services.
Probe, investigate, or test the vulnerability of Pekku Services or any network connected to the Pekku Services without prior writing consent from Pekku.
Send/upload to the Pekku Services/User Website, file/picture/anything that contains virus, work, Trojan Horse, time bomb, web bug, spyware, malware, and/or program that may harm/hijack to hardware, software, or any other device.
Take any action that imposes a disproportionately large load on the infrastructure of Pekku Services or networks that causes disruption in Pekku Services.
Use any of Pekku Services/User Website to send spam, fraud, scam, phising, "chain letters", "pyramid schemes", or engage in unethical emails/businesses.
Sell, license, or exploit access to Licensed Content/Pekku Services, except as expressly pemitted by Pekku.
Remove or alter any copyright notes, watermarks, restrictions, or signs indicating proprietary rights of any of our licensors, including, but not limited to, copyright (©), Creative Commons [(cc)] indicators, or trademarks (® or ™).
Violate, attempt to violate, or fail to comply with any of the Pekku Regulations and/or any laws applicable to your use of Pekku Services.

You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination/temporary ban of your Pekku Account and/or any Pekku Services for you - with or without further notice to you, and without any refund of amounts paid on account of any such Pekku Services.

PRIVACY

Certain parts of the Pekku Services require or involve submission of certain personal information. Pekku or Third Party Partner may collect, access, and use such data, including, but not limited to, the activities or navigation undertaken by a Pekku Account and End Users through Pekku Website or Third Party websites. We encourage you to read our Privacy Policy with utmost caution.

PAID SERVICES

The use of certain Pekku Services may be subject to payment or particular fees ("Paid Services"). Such fees are solely determined by Pekku. Pekku will provide notice of such fees then in effect in relation in such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all application fees in advance.

Pekku reserves the right to change its fees at any time, with or without prior notice. This may affect your subscription fees. If you received a discounted or promotional offer, Pekku shall have the right to determine whether a Pekku User being charged with old/new subscription fees.

Pekku will issue an invoice for any payment to your email address. You are obliged to pay such fees. Pekku reserve the right to stop your Paid Services if you do not make the payment in the allocated time and/or violate any of our Pekku Regulations. In case your email is troubled/you forget to check your email, then Pekku does not oblige to remind you about your subscriptions.

All fees shall be deemed to be in Indonesian Rupiah (IDR) except as specifically stated otherwise in writing by Pekku. All fees are inclusive of all taxes regulated by Indonesia Government. In case you pay the fees using credit card and the card has different currency from IDR, then Pekku does not responsible with additional fees that may occurred from the currency conversion.

As part of subscribing Paid Services, you authorize Pekku and its affiliated third parties to request and collect payment, charge, or any other billing actions from our payment provider or your designated banking account. If necessary, Pekku may validate financial information prior giving you the Paid Services. You also obligate to contact Pekku after paying your subscription fees, either by contact Pekku via Live Chat or submitting payment confirmation form inside Pekku member page.

INVOICES

Pekku and/or its affiliated third parties will issue an invoice as proof of legal payment ("Invoice"). Each invoice will be issued in electronic form through email, in special case, Pekku may issue paper-form Invoice which has the same nature as electronic Invoice. Therefore, you may be required to provide us with correct and up to date email address to make sure you are receiving the invoices. Please note that the Invoice presented in your User Account/email may be inadequate with your local law requirements, and such in case may be used for pro forma purpose only.

AUTO RENEWALS SUBSCRIPTION

In order to ensure that you do not experience any interruption or loss of service due to lapse of any particular subscription period, Pekku will attempt to automatically renew your Paid Service for a renewal period equal in time to original subscription period for such service and charge you the applicable fees using the payment method you have on file with us.

For example, if your original subscription period is one year, then its renewal period is annually. Pekku has the right to remind you such renewal fees repeatedly from up to 2 (two) weeks before invoice's due date. In the event of failure to collect the fees owed by you, we may in our sole discretion stop your Paid Subscription without prior notice.

FEES REFUND

Pekku does not provide fees refund to you, so before doing a payment, please be cautious of your Paid Services. In special case, Pekku reserve the right to determine whether the fees can be refunded, exchanged with another service, or forfeited.

CANCELLATION BY USER

Your Paid Service may automatically be cancelled if your payment method is bank transfer and you have not paid until the due date. Meanwhile, for auto-renewal Paid Service, you have to contact Pekku either by live chat and/or phone call if you want to cancel the subscription at least 4 (four) weeks before your invoice's due date. In case you want to cancel your subscription but you have paid the fees, we cannot refund the payment.

CANCELLATION BY PEKKU

Pekku reserve the right to cancel all of particular ongoing/future user's Paid Service if such user does not fulfill their obligations or break any of Pekku Regulations.

LOSS OF DATA, CONTENT, AND CAPACITY

Please remember, you are responsible for every action you do instead of Pekku, more importantly about deletion, such as your Pekku Account delete its content, including, but not limited to, websites, products, domains, and/or images/pictures. Pekku will not be responsible for your content's return in such case. Please also review terms number 3 above to see your obligations of your Pekku Account.

ONLINE SHOP

Pekku also include certain services which enable Pekku User to sell goods, services, or softwares ("User Products" or "Your Products") through Your Website.

You are solely responsible for your User Products and related contents contained in Your Website, including, but not limited to, product management, promotions, and/or following applicable laws in your residence country. In this case, we only provide you with features to manage your products. We are neither a party nor responsible in any way for your relationship between you and your customers. When someone purchases your User Products, such transaction's payment will be processed through third party payment service provider. We are neither nor responsible in any way for your relationship between you, your customers, and such third party payment service provider.

By using any of our Online Shop, you acknowledge, warrant, and agree that:

You shall be solely and responsible for all affairs that related to your online shop activities, including, but not limited to, any taxes related to the purchase, tax reports, and/or provide your customer with a duly issued invoice as required by law.
You shall be responsible for and bear all costs of procuring and delivering your User Products and for providing them in a safe and professional manner, consistent with industry standards.
You are all responsible for any and all statements and promises you make and for all assistance, warranty, and support regarding the User Products.

Pekku prohibits all products below for sale:

All kind of medicines or drugs or substances that prohibited by law, including, but not limited to, Narcotic Drugs Act, Psychotropic Substances Act, and Health Regulations. For example, prescription drug, anesthetic, or illegal drug prohibited by your or your customer's residence country.
Cosmetics and sustenance (food/beverage) that may cause harm to its consumers or does not have authorization for sale in your or your customer's residence country.
Substance categorized as hazardous according to the law.
Certain products that need to have SNI/instruction in Indonesian but your products do not have it.
Other substances which its circulation are prohibited by law.
Recording media, including, but not limited to, CD/DVD/VCD that violates copyright, such as movies, music, games, or software.
Adult toys, including, not limited to, stimulants, sex aids, pornography, or drugs, except products that permitted for sale by law.
Any kind of alcoholic drinks, including, but not limited to, liquor, beer, and wine.
Advertisement and/or all kinds of writings that may cause harm to Pekku.
Used underwear.
All kinds of weapons, including, but not limited to, firearms, guns, bullets, or air rifles.
Government documents or travel documents.
Government uniforms.
Human parts/organs/trafficking.
Mailing list and personal information.
Any substances that discriminate races, parties, or others dignity.
Pesticide.
Police attires.
Stolen goods.
Lock picking tools or other tools that can be used for robbery.
Flammable/explosive goods.
Any substance that may cause harm to national securities.
Animals, banknotes, and stamp duty.
Signal jammer, signal blocker, and/or any substances that may cause signal/telecommunication disruption.
Gambling tools.
Talisman, amulet, or any substances that claimed to have supernatural powers.
Any goods that have exclusive distribution agreements and/or any Multi Level Marketing's goods.
Official documents, including, but not limited to, TOELF certificate, diploma/college certificate, medical statements, or receipt.
All others substances that prohibited to be imported to your and your customer's residence country.
All other substances that prohibited for sale in your and your customer's residence country.

MISCONDUCT AND COPYRIGHTS

When using Pekku Services, you may be exposed to User Website, User Content, or Third Party Services from a variety of sources, which may be inaccurate, illegal, offensive, or objectionable. You hereby waive any legal or equitable rights or remedies you have or you may have against Pekku with respect thereof.

If you believe a Pekku User or Third Party Services acted inappropriately, please immediately report such Pekku User/Third Party Services to us via Live Chat/phone call. You agree that your report shall not impose any responsibilities or liability upon Pekku and we may consider such report and act upon it at its sole discretion.

Pekku acts in accordance with its interpretation of the Digital Millennium Copyright Act ("DMCA"). If you believe that your work has been copied or was used in a way that infringes your copyright, you may notify us immediately to [email protected]. Do not forget to include following inside your report: (1) the contact details of the person authorized to act on behalf of the owner of the copyright - according to DMCA section 521: full name, residence address, phone number, and your signature; (2) a description of the copyrighted work that you claim has been infringed; (3) a description on which Pekku Services that you claim has been infringed and its exact location; (4) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (5) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

After Pekku receive your infringement report, we will review your report beforehand. If your report is valid, we may ban/terminate such Pekku Account/User Website/User Contents, with or without prior notice to the reporter.

DISCLAIMER OF WARRANTIES

We provide Pekku Services on an "as is", "with all faults", and "as available" basis, without any warranties of any kind, including any implied warranties of conditions of merchantability, fitness for a particular purpose, non-infringement, and/or any other warranty. We specifically do not refund any fees for such reasons. Moreover, Pekku does not endorse any entity, product, or service made available via Pekku Services, without any prior official statements from Pekku Social Media Accounts.

Pekku may, at its sole discretion (however it shall have no obligation to do so), screen, monitor, and/or edit any User Website and/or User Content, at any time and for any reason, with or without notice to you.

Notwithstanding anything to the contrary in the foregoing, in no circumstances Pekku be responsible of any User Contents in any of Pekku Services and Pekku cannot be sued of all contents uploaded by Pekku Users.

You acknowledge that there are risks in using/connecting to Pekku Services and/or affiliate Third Party Services. We cannot and do not any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.

Pekku does not recommend the use of the Pekku Services for hosting of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.

Please note that certain Pekku Services are in BETA version. You understand and agree that such Pekku Services may still contain software bugs, suffer disruptions, and not operate as intended or designed.

To the fullest extent permitted by law in each applicable jurisdiction, Pekku, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the Pekku Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the Pekku Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the Pekku Services; (6) events beyond the reasonable control of Pekku, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of Pekku Services.

You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for Pekku's services to you, and such limitations will apply even if Pekku has been advised of the possibility of such liabilities.

You agree to defend, indemnify and hold harmless Pekku, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys' fees) arising from: (1) your violation of any term of these Terms of Use or any other Pekku Regulations; (2) your violation of any third party right, including any copyright, property, or privacy right, resulting from your User Website or User Content and/or your use of the Pekku Services; and/or (3) any other type of claim that your User Website and/or User Content caused damage to a third party