Welcome to the Indonesian Luxury Internet websites, operated by PT. Megah Indoluksuria Komunikasi. (“IL”, “we”, “us”). This Terms of Use Agreement sets forth the legally binding terms and conditions that govern your use of the website at http://www.indonesianluxury.com (which website, including all data, contents and computer code contained on or transmitted from these websites, and Indonesian Luxury’s web-based, password protected Content Management System, are referred to hereinafter collectively as the “Sites”) and the Services (as defined below) provided by Indonesian Luxury on the Site. Please read carefully the Terms and Conditions set forth below before using the Site and Services that we provide.

By using the site in any manner, including by browsing, registering and logging into the sites, you acknowledge that you have read, understood and agree to be bound by these terms of use and all of the terms, conditions and policies referenced herein, and that you will periodically check that the policies on the sites for any updates to the terms of use. If you do not agree to the terms and conditions of this agreement, do not use of browse the sites or use the services.

1. Use of the Sites and Indonesian Luxury’s Services

  • (a) Indonesian Luxury’s Services. Indonesian Luxury provides services through the Sites, including but not limited to:

    • a) Providing a marketplace to allow designers and users who comply with Indonesian Luxury’s policies to offer, sell and buy at fixed prices select Artworks, Furniture and Luxury Properties ("Goods") that are acceptable to Indonesian Luxury ("Marketplace Sales");

    • b) Offering sales of select Goods at fixed prices directly to individual users ("Featured Sales");

    • c) Marketing the professional design services of Art Galleries, Design Professionals and Concierge Services under the sub-brand name Indonesian Luxury; and

    • d) Providing advertising space and opportunities for Art Galleries, Artisans, Brands, Property Developers on the Site ("Advertising," and together with Marketplace Sales and Featured Sales, collectively, the "Services").

      Indonesian Luxury’s Services are reserved strictly for use by persons eighteen (18) and older that are:

      • a. Interior designers, design professionals, art galleries, property developers and artisans listing Goods for sale or displaying portfolios of their work (collectively, "Designers"),

      • b. Individuals that create accounts with Indonesian Luxury and may wish to purchase Goods (collectively, "Members"), and

      • c. Other individuals that may browse the Sites (together with Designers and Members, collectively "Users"). You must be a User to access the Sites.

  • (b) Access. You agree that Indonesian Luxury shall have the right to control the terms of all access to and use of the Sites and all Goods, Services, and materials contained therein that are transmitted through the Sites. Except as expressly stated otherwise in writing, you are responsible for all payments and taxes associated with your use of the Sites and the Services. Indonesian Luxury reserves the right to revise or alter the Sites, the Services or our policies, including these Terms of Use at any time, and Indonesian Luxury will post the amended Services, policies or Terms of Use on the Sites and notify you of the posting through an announcement on the Sites’s home page, by email, or by other means that Indonesian Luxury deems to be appropriate. Your continued use of our Sites and our Services after such notification will constitute your consent to such changes. Indonesian Luxury reserves the right to cease offering the Sites or the Services at any time.

  • (c) Indonesian Luxury is a Venue. Indonesian Luxury relies upon a community of Art Galleries, Artists, Property Developers, Design Professionals and Individual Sellers that supply the Goods advertised on and sold through the Sites, whether such Goods are sold as part of a Marketplace Sale, a Featured Sale or through another promotional offer that may be made available through the Site. Indonesian Luxury at no time holds possession of or title to the Goods advertised on and sold through the Site. Except in the limited case of Featured Sales, Indonesian Luxury is not consummating any sales and is not a broker or your agent and merely provides a marketplace for sales between Designers and Members and is not involved in the transaction itself. Designers may sell Goods through their storefronts that are not owned or controlled by Indonesian Luxury. Art Galleries, Artists, Property Developers, Premium Brands, and Design Professionals may upload, post or otherwise provide to Indonesian Luxury for use on the Site certain text, materials, or images related to their Goods or in setting up their storefronts on the Site. The Site may therefore contain links to third-party websites, which are not sponsored or endorsed by Indonesian Luxury, and the content and availability of which are not within Indonesian Luxury’s control. You are responsible for reading and abiding by the privacy policies and terms of use at these third party websites. You agree that Indonesian Luxury is not responsible for any third party links, or any information, text, graphics, images, photos, video, items of Goods, links or other content posted by Users on the Sites (or submitted to Indonesian Luxury for use on the Sites) (collectively "User Content") or for the quality of the Goods.

2. User License

Subject to the terms and conditions of this Agreement, and provided that you have paid all applicable fees to Indonesian Luxury for the use of the Sites and the Services and that you have not breached any provisions of this Agreement or any other policy of Indonesian Luxury, Indonesian Luxury grants to you a limited, revocable, non-exclusive, non-sublicensable and non-transferable license to use the Site, in object code only and on a single computer at any one time, as provided for in this Agreement. You may not copy, distribute, reverse engineer, display or create derivative works from the Site or the contents thereof.

3. Ownership, Copyright and Trademark Notices

Subject to the rights of certain Designers in their original works, you agree that the Site and its contents are Indonesian Luxury’s property, and that Indonesian Luxury retains all rights and title to them, including all copyrights, patents, trademarks, trade secrets and all other intellectual property rights in the same. No rights to the Site are granted to you except the limited license specifically granted in this Agreement and you agree that you shall not acquire any ownership or intellectual property rights in or to the Site or other property owned by Indonesian Luxury as a result of your use of the Site or the Services. Subject to the rights of certain Designers in their original works, the Site, its contents, and all materials contained therein are protected by copyright: Copyright © 2015 Indonesian Luxury, Inc. All rights reserved.

INDONESIAN LUXURYTM and other Indonesian Luxury content, logos, designs, and buttons are the trademarks or service marks of Indonesian Luxury. The "look and feel" of the Sites and the contents thereof, including any of its color combinations, layout, and other graphical elements are protected by applicable Indonesian and international intellectual property laws. Unless approved by Indonesian Luxury in writing, you may not use any of Indonesian Luxury’s marks or trade dress, including the elements that constitute the "look and feel" of the Sites, or any similar marks. Any alteration, modification, or change of any kind to the titles, patents, trademarks, copyrights or other proprietary notices by you is strictly prohibited and constitutes a violation of Indonesian Luxury’s rights or the rights of others, in intellectual property or otherwise.

4. No Unlawful or Prohibited Use

As a condition of your use of the Site, you agree to comply with all laws applicable to you, your business, your Goods, your User Content and your use of the Site and the Services. You acknowledge that your User Content is subject to Indonesian Luxury’s approval and may be removed by Indonesian Luxury in its sole discretion. You also agree to comply at all times with Indonesian Luxury’s policies that apply to you, including its Privacy Policy, Intellectual Property Policy, and other policies that may be posted on the Site or otherwise provided to you by Indonesian Luxury. If you choose to participate in Indonesian Luxury’s optional Featured Sales program, or any other special promotional offer or service that may be offered on the Site from time to time, you agree to be bound by the additional terms and conditions for these special offers and services that can be found here. These policies and terms and conditions may be modified from time to time in accordance with their terms and are incorporated by reference into this Agreement. Proper usage of the Site and the Services does not include, and you agree not to do any of the following when using the Site or the Services

Use the Site or the Services to distribute unsolicited messages, advertising or promotional materials, or to collect information regarding other Users for those or any other purposes;

  • a) Defame, abuse, harass, stalk, threaten, embarrass or otherwise violate, infringe upon or misappropriate the legal rights (including intellectual property rights and rights of privacy and publicity) of others;
  • b) Engage in any conduct that is, or post, disseminate or submit to Indonesian Luxury for posting on or sale through the Site any User Content or Goods that are illegal, counterfeit, stolen, obscene, vulgar, defamatory, libelous, pornographic, offensive, fraudulent, false or misleading, harmful to minors, or disparaging to us or our affiliates;
  • c) Post (or submit to Indonesian Luxury for posting) User Content or list Goods (or submit to Indonesian Luxury listings for Goods to be offered for sale through the Site) that contain images, text, code, photographs, software or other information protected by intellectual property laws, including but not limited to, trademark, copyright, trade secret or patent laws, unless you own or have the right to post or list them;
  • d) Upload or submit to Indonesian Luxury materials that contain, or use or disseminate malicious or disabling code, including viruses, Trojan horses, worms, time bombs, corrupted files, or bots, or any automated means of access or scraping, or take any action that imposes an unreasonable load on our infrastructure; or
  • e) Create a false identity or misrepresent your identity for the purpose of misleading others.

5. Creating an Account with Indonesian Luxury

Creating an account to browse or make purchases on the Site is free. If you create an account with Indonesian Luxury, you will provide certain personal information to Indonesian Luxury (like your name and email address). You must keep this account information current and accurate at all time. You hereby consent to the collection, processing and use of your personal information and to receiving communications from Indonesian Luxury and Indonesian Luxury’s affiliates and partners in accordance with the terms of Indonesian Luxury’s Privacy Policy. You also consent to Indonesian Luxury sharing your personal information with third parties as necessary to process transactions using the Site or the Services and as otherwise described in the Privacy Policy.

You will also create a unique username and password for your account, and you are responsible for maintaining the confidentiality of the password and your account. You may only use your account, and you may not transfer your account to another User. You are fully responsible for all activities that occur under your username, and you agree to notify Indonesian Luxury immediately of any unauthorized use of your account. You also agree that Indonesian Luxury will not be liable for any loss or damage arising from your failure to keep your password secure.

6. Creating a Professional Account with Indonesian Luxury

You may only list Goods for sale on the Sites if you are registered with Indonesian Luxury as a Professional. Our Professionals are the most sought-after Art Galleries, Artists, Design Professionals, Premium Brands and Property Developers in Indonesia. To inquire about becoming an Indonesian Luxury Professional, please find a contact form on the Site. You acknowledge that all Professionals are selected by Indonesian Luxury in its sole discretion, and Indonesian Luxury has the right to refuse to allow any User to create a Professional Indonesian Luxury account for any reason or for no reason at all. In addition to the requirements for creating an account with Indonesian Luxury, in order to use the Site and the Services as a Professional, you must have a current and signed Professional Agreement with Indonesian Luxury, and you must make all required payments in accordance with your Agreement.

When you upload or post to the Site (or submit to Indonesian Luxury for use on the Site) any User Content, you grant to Indonesian Luxury a non-exclusive, worldwide, gratis, royalty-free, freely assignable and transferable, freely sub-licensable, perpetual right and license to:

  • (i) Use, reproduce, publish, display, modify, alter, adapt, make derivative works based upon, distribute, and otherwise exploit (commercially and otherwise) the User Content in connection with the Site and/or any other product or service that Indonesian Luxury may offer (whether now or in the future) in any media now known or hereafter devised in the broadest sense permitted under applicable law, the copyright, publicity, privacy, trademark, trade dress, and database rights that you have in the User Content without notice or compensation to you; and

  • (ii) The permitted uses described in (i) are referred to hereinafter collectively as the "Licensed Uses".

    By uploading or posting User Content on the Site, you also irrevocably and unconditionally:

    • (a) Waive any right to approve, inspect, audit, or receive notice regarding, the Licensed Uses of the User Content by Indonesian Luxury, and its respective affiliates, successors and assigns;
    • (b) Waive any right to any fee, royalty, payment, compensation, or other consideration (monetary or otherwise) whatsoever from Indonesian Luxury its respective affiliates, successors and assigns with respect to the Licensed Uses of the User Content;
    • (c) Waive any and all moral rights with respect to the Licensed Uses of the User Content; and
    • (d) Release (to the fullest extent permitted by applicable laws) and hold harmless Indonesian Luxury and its respective affiliates, successors and assigns from any and all claims, demands, causes of action, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising out of or related to the Licensed Uses of the User Content, including, without limitation, those for violation of copyright, violation of moral rights, violation or misappropriation of right of publicity, invasion of privacy, defamation, libel, false light, or violation or misappropriation of any other personal or property right.

You agree that Indonesian Luxury is not under any obligation of confidentiality with respect to any User Content and that by posting User Content, other Users may re-post your User Content on third party websites.

You represent and warrant that you own or otherwise control or have a license to all necessary rights to the User Content that you post or submit to Indonesian Luxury for use on the Sites and that you have sufficient rights to grant this license to the User Content to Indonesian Luxury. Indonesian Luxury acknowledges that it does not own the User Content and agrees that it shall not acquire any ownership or intellectual property rights in or to the User Content as a result of this Agreement or its posting to the Sites. By listing Goods on the Sites for sale (whether through a Marketplace Sale, Featured Sale or otherwise), you represent and warrant that you own or have the right to sell the Goods, and that your Goods description, the Goods, and your conduct in listing the Goods comply with all applicable laws and regulations, as well as Indonesian Luxury’s policies, including our Intellectual Property Policy.

When a User communicates with an Indonesian Luxury Designer, to inquire about or purchase a product or otherwise, the User provides the Professional with certain personal information (including the User’s name and email address and, in the case of a purchase, payment and shipping information). Without express consent, Professionals shall not contact Users or use their personal information for any purpose other than Indonesian Luxury-related communications and for completing the transaction for which the information was provided. Designers may not use this information to distribute unsolicited commercial messages. Unless a Member "follows" the Professionals, or the Member consents, Professionals may not add Members to their email lists.

You agree that Indonesian Luxury is guaranteed to receive commission of the purchases at your store when it is organized by our concierge service.

7. Terms of Sales

All sales completed through the Site are binding on the Designer and the Member. By offering to purchase listed Goods, the Member agrees to pay the listed purchase price (plus applicable taxes and shipping fees), and the Designer (in a Marketplace Sale) or the Designer and Indonesian Luxury (in a Featured Sale) are obligated to complete the transaction promptly on the terms listed for the selected Goods. Payment for purchased Goods shall be made by the Member according to the terms listed for the selected Goods. Indonesian Luxury uses a third party for payment processing in Featured Sales. If you choose to purchase Goods through the Sites, you will provide your personal information (like your name, email address, billing and shipment information). For more information about how your personal information is handled by Indonesian Luxury, please refer to our Privacy Policy. All transactions conducted through the Site must comply with all applicable laws and all of our policies, including the Privacy Policy.

8. Sites Monitoring and Complaints

Your intellectual property rights are important to Indonesian Luxury. If you believe that any Goods or User Content infringe your copyright or other intellectual property rights, you may request that they be removed. Our Intellectual Property Policy provides instructions for making these requests. Please also tell the Community Coordinator about any offensive User Content or conduct on the Site. Although Indonesian Luxury has no obligation to monitor activity on the Site or usage of the Services, including User Content and Goods listings, Indonesian Luxury reserves the right to do so and to take any appropriate action in response to suspected violations of Indonesian Luxury’s Terms of Use or other policies, or any applicable laws, including blocking and/or removing any User Content or Goods listings from the Site and suspending or terminating accounts. We may suspend or terminate a Designer’s account based on intellectual property infringement or repeated User complaints.

9. Disclaimers and Limitations of Liability

The Site and all content on the Site, including the Goods as well as the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis without representations or warranties of any kind, whether express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, security, availability, accuracy or otherwise. The Site and its contents may contain errors of publication, technical inaccuracies or typographical errors and Indonesian Luxury does not represent that the Site or the contents thereof, or the provision of the Services will be interruption or error free.

You agree that you are solely responsible for compliance with all applicable laws and regulations that may apply to you, your business, your Goods or your User Content, including all applicable intellectual property, privacy and data protection and security laws and regulations. Indonesian Luxury does not endorse any User Content, and you may find some of it to be objectionable or inaccurate. Portions of the Site (such as Artisan "Announcements") may provide Artisans an opportunity to post User Content in the form of information related to an Artisan’s Goods and business ("Postings"), but Indonesian Luxury does not screen or edit Postings prior to their appearance on the Site, and Postings do not necessarily reflect our views. Postings may provide information related to events or gatherings initiated or attended by Designers. Indonesian Luxury does not control and has no responsibility for any such events listed in Postings. Indonesian Luxury reserves the right to remove any Postings or User Content which we consider in our absolute discretion to be offensive or otherwise in breach of these Terms of Use or general community standards and notions of decency.

In no event shall Indonesian Luxury or its affiliates be liable to you or any other person for any direct, special, indirect, consequential, lost profit, exemplary or punitive damages, or any damages whatsoever, as a result of any claims related to access to or use of the Site or Services, including any third party claims related to Goods or User Content or any transaction between Designer and a Member or interaction between Designer and another User. In the event that you have a dispute with any other Indonesian Luxury User, or with any third party related to your Goods, User Content, or use of the Site or the Services, you release Indonesian Luxury from any and all claims and damages arising out of such disputes. If Indonesian Luxury or any of its affiliates is found liable to you or any third party for any damages, then the cumulative liability of Indonesian Luxury shall be limited to the total annual amount of fees paid by you to Indonesian Luxury during the year preceding the event that gives rise to such liability.

10. User Indemnification

You hereby agree to defend, indemnify and hold harmless Indonesian Luxury from and against any claims, actions, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, which it may be subject to, relating to your Goods, User Content, use of the Site or the Services, any violation of the terms of this Agreement or the policies incorporated herein, any illegal conduct that you commit, and any violations of any person’s rights, including infringement or misappropriation of the intellectual property rights of any person.

11. Governing Law and Dispute Resolution

This Agreement shall be construed and interpreted in accordance with the laws of Indonesia, without regard to conflicts of laws principles.

12. Termination of Your Account or Access to the Site

You agree that Indonesian Luxury may immediately terminate or suspend your account, access to all or any part of the Site, and may remove any Goods or User Content at any time with or without cause upon written notice to you. Cause for such termination, suspension or change shall include, but not be limited to, (a) breaches or violations of applicable laws, the terms of this Agreement, or other incorporated policies, (b) your use of illegal, obscene or objectionable conduct, Goods or User Content, or repeated complaints from other Users regarding your conduct, Goods or User Content, or (c) your violation of any person’s rights, including intellectual property rights. If your account with Indonesian Luxury is terminated, Indonesian Luxury may, in its sole discretion, delete your storefront, Goods listings and any User Content that you have posted to the Site or submitted to Indonesian Luxury for posting to the Site. Following termination, you will not be permitted to use the Site or the Services. Even if this Agreement is terminated, you acknowledge and agree that sections 3, 4, 9, 10, 11, 13 and 14 shall survive the termination of this Agreement.

13. Notices

Except as stated otherwise, notices shall be given by postal mail to Indonesian Luxury at: Jalan Wijaya Timur Raya No. 12, Jakarta 12710, Indonesia. Or, in your case, to the email address you provide to Indonesian Luxury. Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid, or three (3) days after the date of mailing.

Indonesian Luxury may update this mailing address from time to time. You agree that changes to this mailing address shall not constitute a modification to this Agreement for the purposes of Section 1(b). Please provide notice as stated in our Intellectual Property Policy for intellectual property issues.

14. General

The provisions of this Agreement are severable. If any part of this Agreement is found to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed replaced by a valid, enforceable provision that most closely matches the intent of the original provision. This Agreement, including the policies, terms and conditions referred to or incorporated by reference herein, is the entire agreement between you and Indonesian Luxury and supersedes any other oral or written communications, agreements or representations with respect to the subject matter contained herein.

15. Disclosure

The Site and Services hereunder are offered by PT. ISA Indoluxury Utama, located at Jalan Wijaya Timur Raya No. 12. Kebayoran Baru, Jakarta 12170.