These terms and conditions ("Terms,” or "Agreement") are an agreement between a
Website Operator ("Website Operator," "us," "we," or "our") and you ("User," "you," or "your").
This Agreement sets forth the general terms and conditions of your use of the
mounev.com website and any of its products or services (collectively, "Website" or
"Services").
I. Accounts and Membership
How Old Do You Need to Be to Access Our Platform?
You must be at least 18 years of age to use this Website. If you are between the
age of 13 and 18 you must obtain your parent's or guardian's permission to use our
platform. We do not knowingly collect or keep personal information from or about
children under the age of 13, and if we become aware that such information has been
submitted over our Platform, we will remove it.
By using this Website and by agreeing to this Agreement, you warrant and
represent that you are at least 18 years of age. If you create an account on the Website,
you are responsible for maintaining the security of your account and you are fully
responsible for all activities that occur under the account and any other actions taken in
connection with it. We may, but have no obligation to, monitor and review new accounts
before you may sign in and use our Services. Providing false contact information of any
kind may result in the termination of your account. You must immediately notify us of any
unauthorized uses of your account or any other breaches of security.
How Do We Handle Any Damage in Your Account?
We will not be liable for any acts or omissions by you, including any damages of
any kind incurred as a result of such acts or omissions. We may suspend, disable, or
delete your account (or any part thereof) if we determine that you have violated any
provision of this Agreement or that your conduct or content would tend to damage our
reputation and goodwill. If we delete your account for the foregoing reasons, you may not
re-register for our Services. We may block your email address and Internet protocol
address to prevent further registration.
Therefore, we strongly advise you to keep your User Account log-in credentials
private and only give them to people you trust, as you will be solely and fully responsible
for all activities that occur under your User Account and/or User Platforms, whether or
not specifically authorized by you, as well as any damages, expenses, or losses that may
arise as a result of such activities.
How is the License to Creators and Students?
We offer You a non-exclusive, limited license to access and utilize Our Platform for
Your personal and commercial needs. This license is personal to You and may not be
assigned or sublicensed without our clear written permission. You will not attempt to
replicate Our Platform (legally known as reproducing, redistributing, selling, creating
derivative works from, decompiling, reverse engineering, or disassembling the Platform)
unless we expressly permit it in writing. You further agree that in exchange for this license,
you will not engage in any behavior that may cause the Platform to be disrupted,
damaged, or harmed. We reserve all rights not expressly given.
II. Code of Conduct
How do we expect you to conduct your content on our platform?
There are a few things on how we expect you to conduct yourself on our platform:
(1) You are not permitted to use our platform in any way that is in violation of any
national or international law or regulation;
(2) No fraud will be tolerated in any capacity;
(3) Do not use our platform to send, distribute, or otherwise expose the platform or
its users to viruses or any other code that could be considered dangerous,
harmful, or damaging in any way;
(4) You are not permitted to use our platform to engage in any activities that result
in the transmission of spam to anybody on our platform;
(5) Be civil and respectful at all times when using our platform;
(6) If your content contains anything that is libelous, slanderous, pornographic,
obscene, unlawful, threatening, hateful, violent, predatory, defamatory, or
otherwise objectionable, you may not use the platform, which will be determined
at our sole discretion.
We reserve the right to remove You and any of Your Content from the Our Platform
if You violate this Code of Conduct. We will evaluate whether or not the conduct violates
our Code of Conduct at its own discretion.
III. Intellectual Property and Processing the Data
How Do We Manage Content on Our Platform?
Content that we upload to our platform, all information, software, technology, data,
logos, marks, designs, text, graphics, pictures, audio and video files, other data or
copyrightable materials or content, as well as our selection and arrangement, is referred
to as "Mounev Content" and is and remains the sole property of Mounev. You may not
alter Our Content in any manner, including our trademarks.
The content that You publish to the Platform is and will always be Yours. We make
no claim to the intellectual property rights in the materials you upload to the Our Platform
as a result of using Our Services. By uploading content to the Our Platform, You
acknowledge and agree that:
a) We may examine Your content for any reason, including compliance with our Code
of Conduct and prohibited content criteria, although we are under no duty to do so.
b) You are submitting Your content to the Our Platform at your own discretion, and
make Your Content available to other users (such as Your Students).
c) You acknowledge and agree that by posting Your content to Our Platform, You
are giving Us permission to store it.
d) All of Your Content is your responsibility and you own or have the right to use it.
How Do We Expect You to Process Your Data?
You need to make sure that Your Content that does not infringe on the rights of
any third parties.
a) You acknowledge that Your Content does not infringe on anyone else's
intellectual property rights and that You have acquired or gained or received all
required rights and permissions from any third parties who may hold the content,
as necessary.
a) If You're using someone else's work (such as videos, text, charts, etc.) in Your
Content, You've obtained permission from the content owner to do so.
b) In conjunction with the usage of Our Services, creators are responsible for
protecting all personal information they provide to or receive from Mounev.
c) Creators are the "owners" or "controllers" of the personal data they gather from
and about Students. Creators are also responsible for giving an adequate privacy
notice to their Students, respecting their Students' privacy rights in accordance
with applicable law, and providing access to or deleting their Students' personal
information if they request it and as required by applicable law.
IV. User Content
egrity, legality, reliability, appropriateness, and intellectual property
ownership or right to use of all submitted Content. We may, but have no obligation to,
monitor and review Content on the Website submitted or created using our Services by
you.
Unless specifically permitted by you, your use of the Website does not grant us the
license to use, reproduce, adapt, modify, publish or distribute the Content created by you
or stored in your user account for commercial, marketing, or any similar purpose. But if
you grant us permission to access, copy, distribute, store, transmit, reformat, display, and
perform the Content of your user account solely as required for the purpose of providing
the Services to you. Without limiting any of those representations or warranties, we have
the right, though not the obligation, to, in our own sole discretion, refuse or remove any
Content that, in our reasonable opinion, violates any of our policies or is in any way
harmful or objectionable.
V. Backups
We perform regular backups of the Website and Content and will do our best to
ensure the completeness and accuracy of these backups. In the event of hardware failure
or data loss, we will restore backups automatically to minimize the impact and downtime.
We will inform you if Our Platform is down due to maintenance or there are any updated
features.
VI. Links to Other Websites
Although this Website may link to other websites, we are not, directly or indirectly,
implying any approval, association, sponsorship, endorsement, or affiliation with any
linked website, unless specifically stated herein. We are not responsible for examining or
evaluating, and we do not warrant the offerings of any businesses or individuals or the
content of their websites. We do not assume any responsibility or liability for the actions,
products, services, and content of any other third parties. You should carefully review the
legal statements and other conditions of use of any website which you access through a
link from this Website. Your linking to any other off-site websites is at your own risk.
VII. Prohibited Uses
In addition to other terms as set forth in the Agreement, you are prohibited from
using the Website or its Content:
(a) For any unlawful purpose;
(b) To solicit others to perform or participate in any unlawful acts;
(c) To violate any international, federal, provincial, or state regulations, rules, laws, or
local ordinances;
(d) To infringe upon or violate our intellectual property rights or the intellectual
property rights of others;
(e) To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or
discriminate based on gender, sexual orientation, religion, ethnicity, race, age,
national origin, or disability;
(f) To submit false or misleading information;
(g) To upload or transmit viruses or any other type of malicious code that will or may
be used in any way that will affect the functionality or operation of the Service or
of any related website, other websites, or the Internet;
(h) To collect or track the personal information of others;
(i) To spam, phish, pharm, pretext, spider, crawl, or scrape; for any obscene or
immoral purpose; or/and
(j) To interfere with or circumvent the security features of the Service or any related
website, other websites, or the Internet. We reserve the right to terminate your use
of the Service or any related website for violating any of the prohibited uses.
VIII. Intellectual Property Rights
This Agreement does not transfer to you any intellectual property owned by
Website Operator or third-parties, and all rights, titles, and interests in and to such
property will remain (as between the parties) solely with the Website Operator. All
trademarks, service marks, graphics, and logos used in connection with our Website or
Services are trademarks or registered trademarks of Website Operator or Website
Operator licensors. Other trademarks, service marks, graphics, and logos used in
connection with our Website or Services may be the trademarks of other third parties.
Your use of our Website and Services grants you no right or license to reproduce or
otherwise use any Website Operator or third-party trademarks.
IX. Copyright, Trademarks, and Takedown
We reserve the right to remove, block, or otherwise take down any content
appearing on its Platform if we have reason to believe that the content violates any
copyrights or has been illegally copyrighted. We also reserve the right to remove any
parties who violate our policy or use someone else’s intellectual property without
permission.
We can remove access to content from our platform without further warning at
any time for any reason that it knows, or has reason to know, violates the rights of
trademark owners. If your content is removed as a result of a trademark notification, you
may send us a notice if you believe it was wrongly removed through our contact down
below. If you deny the infringement claim and assert that it has a good faith basis for
doing so, we may choose not to remove the allegedly infringing content.
We offer an online form for sending copyright infringement claims. If you suspect
that content on our platform violates your copyrights, please fill out the copyright
infringement notification form and send it to the link for examination. We will remove or
disable access to the allegedly infringing content as soon as possible if your submission
contains all of the information needed by the form.
X. Payments and Fees
How We Charge Fees For Your Use?
We will charge You fees to access particular features of the Mounev Platform
through paid subscription plans. The pricing for Our Platform is described on our pricing
page. Depending on the payment processing method, We may charge transaction fees.
You agree to pay all fees and charges that are made to Your account and that You are
solely responsible for the payment of these fees and charges. However, if your content is
free for Your student to access, then We will not charge You transaction fees for those
free course(s). Transaction fees for paid plans are automatically charged at the end of
each month.
How Do You Get Pay For Your Content(s)?
In the term mentioned in our pricing plan description, as a user(s), you will collect
payment for the service that is provided on our platform. You must provide the service
equal to your Student purchase as if you have received the payment directly from your
Student. Anyone who collects payments for services offered on Our platform through Our
gateway pays and collects for the limited purpose of receiving funds from students who
purchase such services and specify Us as an agent. Payments made by students through
the Native Gateway are considered direct payments and provide students with services
purchased in an agreed manner as if they were making direct payments that the student
would have received. You will receive related payments from students for the amount that
Your student successfully paid under these conditions.
What if Your Student Wants to Refund Your Content(s)?
You agree that Your student can issue refunds to You and You have the right to
decline with logical reason and explanation. You acknowledge that your obligation to
refund your student if Your Students doesn’t get the equal offer that Your content offers
before Your student purchases the related content with what Your student paid and You
have the right to decline the refund request if Your student already accesses your
content(s) more than they originally paid. We are not responsible for any act or omission
in accepting your appointment as a limited collection agent. Each student acknowledges
and agrees that We are acting as your payment collection agent for the limited purpose
of accepting payments from You on your behalf.
How Do We Proceed Your Student’s Payment For You?
When You pay us, the agreed amount will expire, so You are obligated to pay the
student and We will give You the way described in these Terms of Use that make up the
agreement with the student. Responsible for transferring funds. If We do not remit such
an amount after a successful receipt from the student, You can only rely on us and not
directly on the student. The monthly payment getaway will be deducted with a transaction
fee that has already been approved by You, as the platform user, and Us, as the platform
provider.
What if You Want To Refund Our Service?
After you purchase our service, you could not refund the service for whatever
reason you have. Our service would only be ended if the time period, monthly or annually
is over.
XI. Limitation of Liability
To the fullest extent permitted by applicable law, in no event will Website Operator,
its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any
person for any indirect, incidental, special, punitive, cover or consequential damages
(including, without limitation, damages for lost profits, revenue, sales, goodwill, use of
content, impact on business, business interruption, loss of anticipated savings, loss of
business opportunity) however caused, under any theory of liability, including, without
limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even
if Website Operator has been advised as to the possibility of such damages or could have
foreseen such damages.
Neither of both parties will be liable under this agreement for lost revenues or indirect, special, incidental, consequential, exemplary, or punitive damages, even if the
party knew or should have known that such damages were possible and even if direct
damages do not satisfy a remedy. Neither party may be held liable under this agreement
for more than the amount paid or payable by organization to us for the one (1) months
period prior to the first event or occurrence giving rise to such liability.
XII. Indemnification
You agree to indemnify and hold Website Operator and its affiliates, directors,
officers, employees, and agents harmless from and against any liabilities, losses,
damages or costs, including reasonable attorneys' fees, incurred in connection with or
arising from any third-party allegations, claims, actions, disputes, or demands asserted
against any of them as a result of;
(1) Any violation of these Terms and Conditions or any other Mounev terms;
(2) Any violation of a third-party right, such as a copyright, access right, property right,
or privacy right, resulting from your User Platform or User Content and/or your use
of our Services, including, without limitation, our Service’s actions for your benefit;
and/or
(3) Any other type of claim that your User Platform and/or User Content caused
damage to a third-party intentionally.
XIII. Severability
All rights and restrictions contained in this Agreement may be exercised and shall
be applicable and binding only to the extent that they do not violate any applicable laws
and are intended to be limited to the extent necessary so that they will not render this
Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of
this Agreement shall be held to be illegal, invalid, or unenforceable by a court of
competent jurisdiction, it is the intention of the parties that the remaining provisions or
portions thereof shall constitute their agreement with respect to the subject matter
hereof, and all such remaining provisions or portions thereof shall remain in full force and
effect.
XIV. Dispute Resolution
The formation, interpretation, and performance of this Agreement and any
disputes arising out of it shall be governed by the substantive and procedural laws of
Indonesia without regard to its rules on conflicts or choice of law and, to the extent
applicable, the laws of Indonesia. The exclusive jurisdiction and venue for actions related
to the subject matter hereof shall be the state and federal courts located in Indonesia,
and you hereby submit to the personal jurisdiction of such courts. You hereby waive any
right to a jury trial in any proceeding arising out of or related to this Agreement.
XV. Changes and Amendments
We reserve the right to modify this Agreement or its policies relating to the Website
or Services at any time, effective upon posting of an updated version of this Agreement
on the Website. When we do, we will revise the updated date at the bottom of this page.
Continued use of the Website after any such changes shall constitute your consent to
such changes.
XVI. Acceptance of These Terms
You acknowledge that you have read this Agreement and agree to all its terms and
conditions. By using the Website or its Services you agree to be bound by this Agreement.
If you do not agree to abide by the terms of this Agreement, you are not authorized to use
or access the Website and its Services.
XVII. Contacting us
If you would like to contact us to understand more about this Agreement or wish
to contact us concerning any matter relating to it, you may do so via the contact form.
This document was last updated on December 2, 2021