TERMS OF SERVICE
Welcome to the Ekta website (the “Site”), provided by Ekta Group (“Ekta Group”).
SCOPE AND STRUCTURE
These terms of service (“ToS”) set forth an agreement between You and Ekta Group governing Your access to the Site.
For the purpose of the ToS:
“You” and “Your” refers to you as an individual who accesses the Site;
“Visitor” refers to anyone who accesses the Site.
The ToS governs Your access to the Site, and constitutes a binding agreement between You (or the entity You represent) and Ekta Group.
ACCEPTANCE OF THE TOS
Your access to the Site constitutes Your acceptance to the ToS and Your representation that You have the right, authority and capacity to enter into the ToS (for Yourself or on behalf of the entity You represent). If You do not accept the ToS, do not use the Site.
Ekta Group reserves the right to revise the ToS at any time, at its sole discretion, by posting an updated version of the Site. Therefore You are recommended to visit this page periodically to review the most current ToS, because they are binding on You. By continuing to access the Site after updated ToS have been posted, You agree to be bound by the updated ToS.
Site is available only for individuals who are 18 years or older. If You are under the age of 18, then You agree to review the ToS with Your parent or guardian to make sure that both You and Your parent or guardian understand and agree to the ToS. You agree to have Your parent or guardian review and accept the ToS on Your behalf. If You are a parent or guardian agreeing to the ToS for the benefit of anyone under 18, then You agree to and accept full responsibility for that person’s use of Site, including all financial charges and legal liability that he or she may incur.
You may access and use the Site for its purposes as intended by the normal functionality of the Site, as long as You are in compliance with all provisions of the ToS.
In connection with Your use of the Site You agree to abide by all applicable local, state, national and international laws and regulations and not, nor allow or facilitate a third party to, violate or infringe any rights (including without limitation copyrights, rights of publicity or privacy and trademarks) of others, Ekta Group’s policies or the operational or security mechanisms of Site, and without limiting the foregoing You may not:
use (i) the Site or (iii) any content, services, features, data, information, text, images, photographs, graphics, scripts, sounds, video, music, sound recordings, programming, logos, trademarks, services marks, HTML code, compilation of content, format, design, user interface and software made available through or which appears on the Site to promote, conduct, or contribute to fraudulent, obscene, pornographic, inappropriate or illegal activities, including without limitation deceptive impersonation, in connection with contests, pyramid schemes, surveys, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise);
harvest or otherwise collect non-public information about another Visitor obtained through the Site (including without limitation email addresses), without the prior written consent of the holder of the appropriate rights to such information;
add a Visitor to Your email or physical mailing list without their consent after adequate disclosure, or use their email address or contact details for antisocial, disruptive, or destructive purposes, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the internet; use any content except for the intended purposes of the Site, subject always to the terms of the ToS. You may not display, import or export feedback information relating to the Site or use it for purposes unrelated to the Site without our prior written consent;
alter, modify, delete, forge, frame, hyper-link, create derivative works or otherwise interfere with or in any manner disrupt, circumvent, or compromise any part of the Site, any content, or features;
access or attempt to access any of our systems, programs or data that are not made available for public use, or attempt to bypass any registration processes on the Site;
decompile, disassemble, reverse engineer or otherwise attempt to discover any source code or underlying ideas or algorithms of the Site except if and to the extent permitted by applicable law;
copy, distribute, transmit, broadcast, publicly display, publicly perform, rent or sell any portion of the Site or the content;
use any robot, spider, other automated device or any tool-bar, web-bar, other web-client, device, software, routine or manual process, to monitor or scrap information from this Site, or bypass any robot exclusion request (either on headers or anywhere else on the Site);
fail to deliver timely payment for Your purchases; use any meta tags or any other “hidden text” utilizing any trademarks or intellectual property owned or licenced by us;
create or provide any other means through which the Site may be accessed, for example, through server emulators, whether for profit or not;
‘deep-link’, redistribute or facilitate the redistribution of content;
abuse or use any other means to affect or manipulate the Site in general or the prices quoted through the Site;
engage in cookie stuffing or include pop-ups, false or misleading links on Your website, email or other communications, or attempt to mask the referring url information (i.e. the page from where the click is originating);
represent that You are acting on behalf of Ekta Group or that You have the authority to enter into any agreement on behalf of Ekta Group;
make any representations or warranties regarding Ekta Group or Site.
Ekta Group is not liable for the accuracy, usefulness, safety or intellectual property rights of or relating to any of Your content or the content provided by third parties.
You undertake not to use the Site in an improper manner.
By way of example, it is forbidden to use the Site in a way or for purposes not allowed by the law, to close any possible kind of agreement, to spread IT viruses, to perform activities that may compromise the Site’s security, to access the Site by using automatic tools (such as harvesting bots, robots, spiders or scrapers), to denigrate, threaten or annoy other users.
It is Your obligation to ensure that You fully comply with all applicable laws, regulations and directives with regard to the use of the Site by You. You must ensure that You are not subject to any local requirements that prohibit or restrict access to the Site, or forbid You to purchase cryptocurrencies, tokens or digital assets.
For the avoidance of doubt, the ability to access the Site does not necessarily mean that Your use thereto are legal under relevant laws, regulations and directives.
EKTA GROUP’S RIGHTS
Ekta Group reserves the right, in its sole and absolute discretion, to modify, replace, refuse access to, suspend or discontinue the Site, partially or entirely, without prior notice.
Ekta Group may modify, replace, refuse access to, suspend or discontinue the Site, partially or entirely, or change and modify prices for all or part of the Site for You or for all the users in its sole discretion. All of these changes will be effective upon their posting on the Site or by direct communication to You unless otherwise noted.
In connection with accessing and using the Site, You may provide to Ekta Group information, data, text, software, photographs, graphics, messages or other materials uploaded, transferred, transmitted, posted or stored, including without limitation third party contact data and other personal information (all of which will be considered Your content).
Furthermore, You agree that Ekta Group is not liable for third parties’ (including other users’) content or for any damages as result of Your use of or reliance on it. In providing the Site, Ekta Group obtains and relies on certain information from third parties and third party software and applications. Ekta Group cannot guarantee the accuracy or completeness of such data.
Any downloads of software from authorized third party websites which enable You to access and use the Site, including without limitation any files, images incorporated in or generated by the software, and data accompanying the software (the “Software”) is licenced to You by third-party licensors for Your personal use. You will keep intact all copyright and other proprietary notices and Your use of the Software is strictly subject to the terms of the ToS and any agreement accompanying the Software.
All material and services available on or through the Site and all material and services provided by or through Ekta Group, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, the Software, the content, all informational text, software documentation, design of and “look and feel,” layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof, are owned by Ekta Group or other parties that have licenced their material or provided services to Ekta Group, and are protected by copyright, trademark, trade secret and other intellectual property laws.
All Ekta Group trademarks and service marks, logos, slogans and taglines are the property of Ekta Group.
All other trademarks, service marks, logos, slogans and taglines are the property of their respective owners.
Except as otherwise specifically provided herein, nothing should be construed as granting any licence or right to use any trademarks, service marks, logos, slogans or taglines displayed on or by Ekta Group, without our express written permission, or the express written permission of such third-party that may own the trademark, service mark, logo, slogan or tagline.
LINKS TO THIRD PARTY WEBSITES
The Site may contain links and references to websites of others. Ekta Group may, from time to time, at its sole discretion, add or remove links to other websites. These links are provided solely as a convenience to You, and Ekta Group has no control nor responsibility for such links or websites, and access to any such websites is at Your own risk.
Ekta Group does not review, approve, monitor, endorse, warrant, or make any representations with respect to such websites. In no event Ekta Group will be liable for the information contained in such websites, their practices or for Your use of or inability to use such websites, or transmissions received from such sites.
You expressly relieve Ekta Group from any and all liability arising from Your use of any third-party websites.
The Site and its functions are offered “”AS IS”.
Ekta Group does not provide any warranties, whether explicit or implied, including implied warranties concerning non-infringement, merchantability and fitness for a particular purpose.
In particular, Ekta Group does not provide any warranties concerning (a) fitness of the Site to Your needs, (b) availability of, and absence of errors in, the Site, (c) quality of the Site and (d) fix of possible errors in the Site.
Limitations and exclusions in this article apply to the maximum extent allowed under the law.
LIMITATIONS OF LIABILITIES
You agree that Ekta Group will not be liable to You or any third party for any modifications, suspensions or discountenance of the Site, or any part thereof.
Ekta Group is not liable towards You or any third parties for:
profit, customer, use or data losses regardless their predictability;
special, incidental, indirect, consequential or punitive damages of any kind (regardless if it was aware of the possible occurrence of such damages), including those (i) deriving from profit, customer, use or data losses regardless of their predictability, (ii) based on possible presumptions of liability, including breach of contract or of warranty, negligence or other illicit actions, or (iii) deriving from any other complaint arising from, or in connection with, the use of Site.
Ekta Group is not liable for errors, omissions, interruptions, deletions, defects, operative or transmission delays, malfunction of the communication network, theft, destruction, unauthorized access or alteration of any content concerning Site.
Ekta Group is not liable for any possible technical issues or problems concerning telephone networks or lines, online elaboration systems, servers and providers, IT appliances, software, errors in emails or software that negatively affect Site’s functionalities.
The ToS do not limit nor exclude Ekta Group’s liabilities for willful misconduct or gross negligence.
Limitations and exclusions in this article apply to the maximum extent allowed under the law.
You are solely responsible for Your interaction with other users of the Site and other parties with whom You come in contact through the Site.
The Site is for informational purposes only: it has been prepared to provide indicative information to establish only a preliminary level of interest in the described project(s). The information set forth in the Site may not be exhaustive, does not imply any elements of a contractual relationship and may be subject to updating, withdrawal, revision or amendment. The information contained in the Site is not a substitute for a thorough due diligence investigation.
Ekta Group nor any of its officers, directors, advisors, agents, partners, representatives, consultants and employees makes any representation or warranty, express or implied, of any kind whatsoever related to the adequacy, accuracy or completeness of any information on the Site and the project(s) herein described.
The Site does not constitute a prospectus, offering circular, offering memorandum or an offer document of any sort. In particular, nothing contained in the Site constitutes a solicitation, recommendation, endorsement, or offer to buy or sell any securities or other financial instruments in any jurisdiction.
Projections, assumptions and rewards in the Site should be considered as indicative and they may not be correct nor comprehensive also due to volatility of cryptocurrency exchange rate.
Nothing in the Site constitutes professional, legal, fiscal and/or financial advice, nor does any information in the Site constitute a comprehensive or complete statement of the matters discussed.
Ekta Group, its officers, directors, advisors, agents, partners, representatives, consultants or employees will not be liable for any direct, indirect or consequential loss or damage suffered by You or any person relying on any representation or omission made in the Site and, to the fullest extent permitted by law, all conditions, warranties and other terms which may be implied by law and any such liability are expressly excluded.
Current and forthcoming features of the Site, including its terms and conditions, fees, structure, purpose, consensus protocol, algorithm, source codes, infrastructure design and other technical specifications and parameters, may be updated and changed from time to time without notice. Further, the Site may encounter difficulties during development, including financial, resourcing and technical difficulties. These difficulties are unpredictable and may be unresolvable and may compromise the overall development of the Site. Development of the Site may therefore fail, terminate or be delayed at any time for any reason. Particular features of the Site may never be realized.
Services which may be banned, restricted in certain jurisdictions may potentially use the Site. As a result, governmental authorities or regulators may take action against the Site. This may deter users from using the Site or may involve the complete shutdown of the Site.
The laws of various jurisdictions may apply to the Site. The application of these laws and regulations to the Site is, in many cases, largely untested, and is subject to change without notice. Ekta Group may receive formal or informal queries, notices, requests or warnings by governmental authorities and regulators. Action may be taken by governmental authorities and regulators against Ekta Group or the Site and Site. As a result of such events, Ekta Group may be required to discontinue the Site or provide any other such information related to the same.
The Site relies heavily on the internet. However, the public nature of the internet means that either parts of the internet or the entire internet may be unreliable or unavailable at any given time. Further, interruption, delay, corruption or loss of data, or the loss of confidentiality in the transmission of data, may occur when transmitting data via the internet.
The Site may rely on blockchain technology. Such a technology may be open source and experimental software. Risks arising from this reliance include (but are not limited to):
the existence of technical flaws in such a blockchain platform;
targeting of such a blockchain platform by malicious persons;
changes in such a blockchain platform’s consensus protocol or algorithms;
decreased community or miner support for such a blockchain platform;
the existence or development of competing networks and platforms;
the existence or development of forked versions of such a blockchain platform;
flaws in the Solidity scripting language;
disputes between such a blockchain platform developers, miners and/or users;
regulatory action against such a blockchain platform developers, miners and/or users.
The various source codes used in the Site are subject to change and may at any time contain one or more defects, weaknesses, inconsistencies, errors or bugs.
Ekta Group ensures that all activities on the Site are conducted in compliance with applicable laws, including anti-money laundering and countering the financing of terrorism laws and regulations.
The Site may be vulnerable to exploitation of vulnerabilities in smart contracts and other code, as well as to human error. This could result in significant loss and/or other impacts that may materially affect Your interests.
Purchasing cryptocurrencies, tokens or digital assets is highly risky and may lead to total loss of the money spent.
Mere silence, or the absence of a prompt reaction, of Ekta Group in case of any breach of the ToS by You will not be construed as acceptance of the violation or as a waiver of the right to demand fulfillment of the obligation, or as a waiver of the rights and/or powers of Ekta Group.
Rights and remedies provided in the ToS are not exclusive but are in addition to those available under the applicable law.
Should a provision of the ToS be judged null or void by a court or another competent authority, such a provision will be considered erased from the ToS and the remaining provisions will remain effective and valid.
APPLICABLE LAW, JURISDICTION AND COMPETENT COURT
The Parties expressly agree that the ToS is exclusively governed by the Indonesian Law without regard to its choice of law or conflicts of law principles.
The Parties expressly agree that any disputes regarding the validity, performance, effectiveness or termination of the ToS is subject to the exclusive jurisdiction of the Indonesian Court and, in particular, exclusively to the Court of Bali (Indonesia) unless mandatory applicable laws provide otherwise.