Term Of Service

GENERAL OVERVIEW

We thank you for your trust in our services. Please take the time to read the entirety of these Terms and Conditions, which contains the agreement between You, the service user, and PT Widya Imersif Teknologi, as the service provider. If You use the WISH Application, You are deemed to have agreed to any part of these Terms and Conditions. If You do not agree to any part of this agreement, please do not continue the registration process or use the WISH Application.

The terms and conditions of the use of the WISH Application below (“Terms”) will regulate access and use of both our website and services (“Services”) PT Widya Imersif Teknologi (“Us”), therefore please read carefully these terms before using our services.

1       DEFINITION

1.1  PT WIT, Us, or Widya is PT Widya Imersif Teknologi, a limited liability company established and operating legally under the laws of the Republic of Indonesia and domiciled in Yogyakarta, manufacturer of smart watches under the WISH brand.

1.2  Health Service Providers are third parties who work with PT Widya Imersif Teknologi in relation to medical features and / or services.

1.3  You or User, are the user of the smart watch produced by PT Widya Imersif Teknologi.

1.4  Smartwatch or WISH (Widya Smart and Health Watch) is a smart watch with health features produced by PT Widya Imersif Teknologi.

1.5  Application or WISH App is a software application that can be accessed via Smartphones and Computers that can be used by users to integrate WISH smartwatch data with the WISH application.

1.6  Personal Information is information about an individual, including name, date of birth and other information about it, which identifies a person.

1.7  WISH Account is a collection of settings and information that informs the identity and / or preferences of a person used on the WISH Application.

1.8  Smartphones are mobile phones with Android or iOS operating systems or other operating systems that can be used to run WISH Applications.

1.9  Computer is an electronic device with the Windows operating system or other that can be used to run WISH applications.

1.10       Force Majeure is an event beyond the authority or control, including but not limited to natural disasters, power disturbances, telecommunication disturbances, and government policies.

2       ACCOUNT REGISTRATION

 

2.1  Before you use the WISH feature, you are required to register via the WISH Application which has been downloaded to your Smartphone or Computer. You are obliged to convey true, accurate, and up-to-date information about yourself. By registering, you are deemed to have agreed to and received the WISH Service. Such acceptance means that you have accepted all of the Terms without conditions and without exception and therefore agree to be bound by the Terms including any amendments or changes that WISH may make to these Terms at a later date.

2.2  By registering yourself on WISH, you agree that the parties that cooperate with WISH, where you also have the right to store your data on WISH.

2.3  You are responsible for the accuracy and novelty of the information that you provide to Us. The data you provide will be stored on WISH and can only be accessed by you and PT WIT. We are not responsible for any losses suffered by you caused by your failure to update your information through our system.

2.4  For account registration via WISH Application, you will arrange a password and other login Personal Information for your identification. You are prohibited from disclosing your login information to any third party, except where necessary under applicable laws and regulations (which must be submitted to Us in writing immediately). You agree to assume any risks associated with disclosing your login information to any third party and are fully responsible for any consequences associated with it.

2.5  You represent and warrant that you are a legally authorized individual to take legal action to enter into a binding agreement under the laws of the Republic of Indonesia, specifically the Terms, to use the WISH Application. If you do not fulfill these conditions but still access the WISH Application, you represent and warrant that your account opening and other activities in the WISH Application have been approved by your parent or supervisor. You waive any rights under the law to cancel or revoke any or all consent you have given under the Terms when you are deemed by the law to be an adult. You fully release us and our officers from any losses or consequences arising in connection with this.

3       TERM OF USE

3.1  WISH Application provides a service that allows you to measure health parameters as a form of recommendation to find out your medical condition. Use of Data and Services along with their services and features are governed by these Terms.

3.2  The Service may change from time to time as we improve, modify and add additional features. We may stop, suspend, change, or remove the Service at any time without prior notice to you. Your continued use of the Application after modification, variation and / or amendment to the Terms constitutes your approval and acceptance of such modification, variation and / or change.

3.3  You can only use the Application when you have registered with the Application. After you have successfully registered, the Application will provide you with a personal account that can be accessed with the password that you created.

3.4  You understand and agree that your use of the Application will also be subject to our Privacy Policy as may be changed from time to time. By using the Application, you also give consent as required under our Privacy Policy.

3.5  Please inform us if you no longer have control over your account, for example your account is somehow hacked or your smartphone is stolen, so that we can cancel your account accordingly. Please note that you are responsible for the use of your account and you may be held responsible even if your account is misused by someone else.

3.6  These Terms apply to you and any sub-accounts opened under these Terms. The decision of a third party to open a sub-account under these Terms will be deemed acceptance, without any ordering, of the terms set out under these Terms. Therefore, the term “you” in these Terms must refer to you and include any member of your sub-account.

4       DATA

 

4.1  You understand that when using the WISH Application, your personal data can be collected, used and / or disclosed by Us so that you can fully enjoy the Service. For the purposes of operating the WISH Application and / or other purposes that we deem appropriate, you hereby give Us your consent to collect, use, or disclose any and all of your personal data that you understand that part of the data or information about you can be accessed by parties thirdly whose services you use (such as doctors and health practitioners) through our application. We are not responsible for any of your losses due to misuse by third parties of your data or information that has been disclosed under this Article. You acknowledge that we may be asked to disclose your personal data to any authority (including court or monetary authorities) under applicable laws and regulations.

4.2  We may collect Personal Information that can be used to contact or identify you. Personal Information is or can be used to: (a) provide and improve our Service, (b) regulate the use of the Service, (c) get to know your needs and interests better, (d) to personalize and improve your experience, and (e) to use software updates and product announcements.

4.3  We will not leak or disclose your Personal Information to other parties without your prior consent. We hereby promise the following:

a.    To treat Personal Information confidentially and not disclose the Personal Information (or a portion of it) to anyone except: to our employees on a need-to-know basis, on the condition that in such a case, we will notify that person about these Terms and the confidential nature of Personal Information;

b.    If an opening must be carried out in accordance with a court request or other government order, provided that, if the situation allows, We will notify a notification regarding the opening;

c.    Your Personal Information is protected under our Privacy Policy. The Privacy Policy is considered an integral part of these Terms of Use and your agreement to these Terms of Use constitutes your acceptance of our Privacy Policy.

4.4  The above obligation does not apply to information that: (a) is in our possession prior to the date on which such Information was notified to Us by You; (b) has been or will become publicly known through publication, commercial use or otherwise other than the consequences of a breach of these Terms; (c) has been independently developed by Us; and / or (d) has been legally received from a third party who is not bound by the provisions of confidentiality and violates these Terms;

4.5  We reserve the right to collect information using logging and cookies, such as IP addresses, which can be correlated with Personal Information from time to time. We will use the information to monitor and analyze the use of the Service, for technical administration of the Service, to add to the functionality of our Service and to verify whether users have the necessary authority for the Service to perform according to their request.

4.6  We may use aggregate data including but not limited to analyzing and improving our services.

4.7  We may transfer and transfer Personal Information in the event of a merger, acquisition, or sale of all or part of our assets, without giving you prior notification. You hereby give your consent and opportunity if the transfer occurs.

4.8  As a registered user, you can check, update, correct or delete the Personal Information provided during registration or account profiles by changing the Account Settings. If you personally change the information that can be informed, or if you do not want our services, you can update or delete it by making changes to your account settings. Sometimes we keep copies of your information where required by law.

4.9  We will store your Personal Information for as long as your account is active or as we need to provide you with services. If you intend to cancel your account or ask us to no longer use your information to provide you with services, you can delete your account. Consistent with these terms, We will delete your information immediately upon request. However, please note that there is a risk from our servers and backup versions that may exist after deletion. In addition, We do not delete from our servers the documents that you share with other users.

5       RESPONSIBILITY

 

5.1  You are personally responsible for every activity that uses your account, to safeguard your data and share data with a third party. You are obliged to immediately notify us of the unauthorized use of your account.

5.2  You are responsible for safeguarding the password that you use to access the Service and you agree not to share your password with any third party.

5.3  You are fully responsible for the authenticity, accuracy, completeness and / or legality of any type of data that you provide to us. You are required to always check and confirm whether the data provided is correct.

5.4  You expressly waive and release Us from any and all obligations, demands or losses arising out of or in any way in connection with the WISH Service. We will not be a party to disputes, negotiating disputes between you and the Healthcare Provider. You expressly waive and release Us from any and all obligations, demands, causes of action, or damage arising from the use of the Service, software and / or Application, or in any way related to Health Service Providers introduced to you through the Application.

5.5  You will release us from all demands whatsoever, if we are unable to carry out orders from you either partially or completely due to events or causes beyond our control or ability, including but not limited to all computer viruses, natural disasters, war, riots, state of malfunctioning equipment, systems or transmissions, power failures, telecommunications disruptions and government policies.

5.6  You are responsible for the security of your Smartphone and / or Computer used to access the WISH Application by reasonably maintaining and providing sufficient storage memory to prevent any failure or interruption of any WISH Service process caused by smartphone malfunction and / or Computer.

6       COMPENSATION

 

By using this Application, you agree that you will defend, provide compensation and release Us, licensors, affiliates, and each of our officers, directors, commissioners, employees, lawyers and agents from and against any and all claims, fees, damages, losses, liabilities and costs (including attorney's fees and fees) arising out of or in connection with:

a.    Your use of the Service and / or Application, your relationship with Health Service Providers, third party providers, partners, advertisers and / or sponsors;

b.    Violation of or non-compliance with any of the provisions or applicable laws and regulations, whether stated here or not;

c.    Your violation of the rights of third parties, including third party service providers that are regulated through the Application;

d.    Use or abuse of the Application. This obligation to defend and provide compensation will remain in effect even though your Terms of Service and use have ended.

7       INTELLECTUAL PROPERTY

 

7.1  WISH, including its name and logo, code, design, technology, business model, is protected by copyright, trademark and other intellectual property rights either registered or not, available under the laws of the Republic of Indonesia. We (and those who obtain licenses from Us, if applicable) own all rights and interests in WISH, including all intellectual property rights related to it. These Terms and Conditions are not and in any way will not be considered as granting you permission to use any of our intellectual property rights as stated above.

7.2  These Terms do not grant you the right, title, or interest in the Service, software, or the content of the Service. We can use the feedback, comments, or suggestions that you send to Us without any obligation to you. The software and other technology that we use to provide the Service is protected by copyright, a trademark right from the laws of the Republic of Indonesia.

8      APPLICABLE LAW AND JURISDICTION

 

8.1  These provisions will be governed, interpreted and interpreted under the laws of the Republic of Indonesia. Any and all disputes arising from the use of our services will be subject to the exclusive jurisdiction of the Sleman District Court.

8.2  Any dispute, controversy or difference that may arise between the Parties or related to or in connection with these Terms, or regarding the construction, termination or violation of these Terms, will be properly resolved by the Parties. If the dispute, controversy or difference cannot be resolved within thirty (30) days from the notification of written notification to one of the parties to the other party, the Parties agree to submit the dispute to the Sleman District Court.

8.3  These Terms of Use are made in English and Indonesian, both versions that bind you to us. In the event of an inconsistency between the English version and the Indonesian version, the Indonesian version will prevail.

9       TERMINATION

 

9.1  WISH Account may be closed due to the following:

a.    Requests by you;

b.    Our policies, based on applicable laws and regulations;

c.    Force Majeure occurs for 3 (three) months or more consecutively; and / or reasons in connection with Account Blocking.

9.2  Your WISH Account will be terminated automatically or closed when you close your WISH Application.

9.3  If you do not use your WISH Account for a minimum period of 6/12 consecutive months, we may block your WISH Account. To reactivate this account, you can file a complaint with Us. After verifying your personal information, we may, at our discretion, decide to end or continue blocking your account.

10       OTHER

I hereby have read, understood and agreed to the matters stated in the WISH User Terms and Conditions, and I have no objection if WISH uses my personal data in the form of my name, e-mail address or phone number for the purpose of sending information such as newsletters, brochures, and others.