TERM OF USE
Last update: October 23, 2019
This Term of Use and End User License Agreement (collectively as “Terms”) constitutes a legal agreement between CV CALLISTA doing business as CALLISTA (“CALLISTA”, “we” “company”, “our” or “us”) and you that governs your access to, and use of, the web site at callista.co.id (“Site”); and any related web sites, embeddable widgets, downloadable software, and other services provided by us on which a link to this End User License Agreement and Terms of Service is provided (collectively, including the Site, our “Service”). These Terms are a legally binding contract between you and CALLISTA regarding your use of the Service.
If you are not eligible or do not agree to these Terms, then please do not use the Service.
You acknowledge and agree that, as provided in greater detail in these Terms:
your use of the Service may be subject to separate third party terms of service and fees, including without limitation the terms of service and data, SMS, MMS, and other fees of your mobile network operator (the “Carrier”), which are your sole responsibility;
the Service is provided “as is” without warranties of any kind and CALLISTA’s liability to you is limited;
disputes arising hereunder will be resolved by binding arbitration. BY ACCEPTING THESE TERMS, YOU AND CALLISTA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Our rights will be determined by a neutral arbitrator and NOT a judge or jury, and your claims cannot be brought as a class action.
if you are using the App on an iOS-based device, you agree to and acknowledge the “Special Terms Regarding Apple”, below.
The Description of Sevice
As a part of user experience, CALLISTA may allow you to give us the information about yourself through a survey and picture for the process of skin analysis through our system and provide personalized skincare products that you may purchase through the Service (The “Products”).
You must be at least eighteen (18) years of age to use the Service. By agreeing to these Terms, you represent and warrant to us: (i) you are at least eighteen (18) years of age; (ii) you have not previously been suspended or removed from the Service; and (iii) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
User Account and Registration
To access some features of the Service, you must register for an account on CALLISTA website and provide us your personal phone number which connecter to third party instant messaging such as Whatsapp. When you register for an account, you may be required to provide us with some information about yourself (such as your name, e-mail address, or other contact information). You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at [email protected].
Transaction and Payment Terms
Certain features of the Service, including, without limitation, the ordering of Products, may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in Indonesian Rupiah and are non-refundable unless otherwise stated in our refund policy.
CALLISTA reserves the right to determine the price for the Service, including the price of the Products. CALLISTA, at its sole discretion, may make promotional offers with different features and different pricing to any of CALLISTA’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
You authorize CALLISTA or its third-party payment processor to charge all sums for the orders of Products that you make and fees for the Service as described in these Terms or published by CALLISTA, to the payment method you provide us. If you pay any fees with a credit card, CALLISTA or its third-party payment processor may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
Location acquirement Services
The Service is owned and operated by CALLISTA. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (the “Materials”) provided by CALLISTA are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Service and all intellectual property rights therein and thereto, are the property of CALLISTA or our third-party licensors. Except as expressly authorized by CALLISTA, you may not make use of the Materials. CALLISTA reserves all rights to the Materials not granted expressly in these Terms.
Third-Party Services and Linked Websites. CALLISTA may provide tools through the Service that enable you to export and import information to and from third-party services, including through features that allow you to link your account on CALLISTA with an account on a third-party service, such as through our implementation of third party buttons. By using these tools, you agree that we may transfer such information to the applicable third-party service. Such third party services are not under our control, and we are not responsible for their use of your exported information. The Service may also contain links to third-party websites. Such linked websites are not under our control, and we are not responsible for their content.
The Service may include such as open-source software or third-party software. Any software in the Service, if applicable, is made available to you under the terms of the applicable licenses.
The Prohibited Conduct
perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the Service accounts of others without permission, falsifying your age or date of birth, forging headers or otherwise manipulating identifiers in order to disguise the origin of any communication transmitted through the Service, or posting content in fields that are not intended for that content;
use the Service (including the submission, transmission, modification, addition, or deletion of any content available through the Service) for any illegal or improper purpose, or in violation of any local, state, national, or international law, or for any purpose other than your personal, non-commercial purposes;
violate, or encourage others to violate, the rights of CALLISTA or third parties, including by infringing or misappropriating any CALLISTA third party intellectual property or other proprietary rights;
remove any copyright, trademark or other proprietary rights notices contained on the Service;
post, upload, or distribute any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships;
interfere with security-related features of the Service, including, without limitation, by: (i) sharing use of your password or use any passcode or password, regardless of whether or not such passcode or password is unique; (ii) participating in the Service if you are not the original recipient of a passcode or password; (iii) disabling or circumventing features that prevent or limit use or copying of any content; or (iv) reverse engineering or otherwise attempting to discover the source code of the Service or any part thereof except to the extent that such activity is expressly permitted by applicable law;
interfere with the operation of the Service or any user’s enjoyment of the Service, including without limitation by: (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; (ii) sending unsolicited or unauthorized offers, advertisements, or other forms of solicitation to other users of the Service; (iii) attempting to collect personal information about users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Service, or violating the regulations, policies, or procedures of such networks, equipment, or servers; or
User Content for CALLISTA
From time to time, CALLISTA may allow you to submit reviews, comments, photos, or similar materials to the Site (collectively, “Reviews”). We welcome your comments regarding our Products and services, including our Site. However, any Reviews you submit to CALLISTA must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material.
By submitting a Review to the Site, you hereby grant CALLISTA an unrestricted, assignable, sublicensable, perpetual royalty-free, fully paid up license throughout the world to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform on a through-to-the-audience basis, create derivative works from, and otherwise use and exploit (collectively, “Use”) all Reviews you submit to the Site, for any purpose, including promoting and marketing CALLISTA and the Products. You further grant CALLISTA a royalty-free license to Use the name, image, and likeness of any person identifiable in any Review you submit to the Site. By submitting a Review, you waive any and all rights of publicity, privacy or any other rights of a similar nature, in addition to any moral rights you may have in your Review. Except for materials provided to you by CALLISTA through the Site, you represent, warrant, and covenant that (i) you either are the sole and exclusive owner of Reviews that you submit to the Site, or you have all rights, licenses, consents, and releases that are necessary to grant to CALLISTA the rights in your Reviews as contemplated under the Terms, and (ii) the Reviews you submit to the Site do not (A) infringe, misappropriate or violate the rights of any party or entity, including a third-party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights, (B) constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wiretap laws or other similar restrictions on nonconsensual recording, or otherwise), or (C) require CALLISTA to obtain any licenses from or make any payments in any amounts to any third-party throughout the world.
You agree not to submit Reviews that: (i) are or could be interpreted to be infringing, defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotes discrimination, bigotry, racism, or hatred, as determined by CALLISTA in its sole discretion; or (ii) introduce viruses, time-bombs, worms, cancelbots, Trojan Horses and/or other harmful or malicious code.
Termination of the Terms
If you violate any provision of these Terms, your permission to use the Service will terminate automatically. You may terminate these Terms by sending written notification to CALLISTA at [email protected] and terminating all other uses of the Service. CALLISTA reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms and your access to all or any part of the Service at any time without prior notice or liability if you breach any provision of these Terms or violate the rights of any third party on or through the Service. CALLISTA may further terminate these Terms for any other reason upon 10 days’ notice to you using the email address associated with your account credentials or immediately in the event that your email address is no longer current.
You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and hold harmless CALLISTA or any of its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “CALLISTA Entities”) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to, use or misuse of, or alleged use or misuse of the Service; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
Disclaimers; No Warranties.
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE CALLISTA ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO: (I) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (II) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE CALLISTA ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE WILL BE ACCURATE, UP TO DATE, UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF CERTAIN WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. NOTWITHSTANDING THE FOREGOING CALLISTA DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT CALLISTA IS PROHIBITED FROM DISCLAIMING UNDER THE APPLICABLE LAW.
Health-Related Information and Service Provided.
The information contained in the Service AND WITH THE PRODUCTS is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through the Service (including, but not limited to, information that may be provided on the App or the Site OR WITH THE PRODUCTS about THE BENEFITS OF PERSONALIZED skincare treatments) for diagnosing or treating a health problem or disease, or prescribing any medication or medical products. Information and statements regarding the Products, AND THE PRODUCTS THEMSELVES, have not been evaluated by Indonesia National Agency of Drug and Food Control or BPOM and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product packaging prior to use.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE CALLISTA ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING UNDER OR RELATING TO THE SERVICE OR THESE TERMS (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, PROFITS, GOODWILL, USE, DATA, OR OTHER ECONOMIC ADVANTAGE), IN EACH CASE WHETHER CALLISTA ON STATUTE, WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE CALLISTA ENTITIES ARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Assignability. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice.
No Waiver. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
Interpretation. The use of section headers in these Terms is for convenience only and shall not have any impact on the interpretation of particular provisions.
Severability. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
Additional Terms. Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to on the Service (the “Additional Terms”), such as rules applicable to particular features or content on the Service. All Additional Terms are hereby incorporated by reference into and made a part of, these Terms.
Contact Information. The Services hereunder are offered by CALLISTA. You may contact us by sending correspondence to the foregoing address or by emailing us at [email protected]