TOMP'S (hereinafter referred to as "TOMP'S," "Service," or "We") is a web-based and mobile management system software designed to perform real-time planning, control, and monitoring that assists individuals and organizations in more effectively managing operations and activities managed by PT Telkom Indonesia Tbk (hereinafter referred to as "TELKOM").
When using TOMP'S, the User (also known as "you" or "User") is subject to any applicable guidelines, rules, or conditions that may be updated from time to time (including, but not limited to, TOMP'S Privacy Policy).
You are presumed to have read, understood, and agreed to all contents of these Terms and Conditions by registering and/or using the Site and/or Application. You may not use TOMP'S if you do not accept and agree to all of the provisions of these Terms & Conditions.
1. Definition
The following definitions are referenced by the terminology in these Terms and Conditions:
- Account is a TOMP'S account that the User has registered.
- Applications are computer software or programs that may be downloaded from the appstore and/or google playstore and combine the services, technologies, content, and goods that We offer.
- Personal Data is any accurate, concrete information that may be used to identify a specific person, directly or indirectly, depending on one or more of these factors, and whether it comes from electronic or non-electronic sources. A person's name, identity number, mobile phone number, location, identity inside the electronic system network, and other items pertaining to the individual are only a few examples of this information.
- Profile Data is information on the user's profile page.
- App Services, in order to help people and organizations manage their operations and activities more efficiently, service is the supply of a web-based and mobile management system that is meant to carry out real-time planning, control, and monitoring. There are four services in total, namely:
- Project Management is one of the services in TOMP'S is project management, which helps oversee project charters from planning to realization and till the project is deemed complete.
- Asset Managemet is one of the services offered by TOMP'S is asset management, which helps keep track of physical assets as well as quality legal considerations and inventory possessed.
- Building Operation Management is one of the services offered by TOMP'S is building operation management, which assists in keeping an eye on the day-to-day operations of buildings such as residences, offices, warehouses, and apartments as well as their occupants and renters.
- Partner is a company that offers goods and services that can be purchased via the website and/or mobile application.
- Customers are Users who have paid for the services offered by TOMP'S.
- A User is someone who has created an Account and/or used TOMP'S.
- Tenants are people who rent out property, buildings, and so on.
- The Site is tomps.id.
- Every user in a system has a role, which is defined by Roles.
- Super Administrators are the primary administrators in every organization
2. Account Use and Conduct
- Only Users who have an Account can use TOMP'S services.
- To create a TOMP'S Account, you may be asked to provide some of your information and Personal Data. In connection with creating a TOMP'S Account and using the TOMP'S Service, you agree to provide your personal information and data truthfully, clearly, accurately, and completely to TOMP'S when requested, at a minimum:
- User Name;
- Password;
- Email;
- Phone Number;
- Company Name;
- Company NPWP; and
- Address of Company.
- The User is responsible for maintaining the confidentiality and security of the User's Account and password.
- TOMP'S Service is not intended in principle for use by underage Users, i.e. any person who has not reached the age of majority or competent age according to the jurisdiction. Underage Users who use TOMP'S are the personal responsibility of the parents/guardians of the User. If the User provides representations and warranties, information or Personal Data that are untrue, unclear, inaccurate, or incomplete, then TOMP'S has the right to reject the application for Account creation and suspend or terminate part or all of the access and TOMP'S Services provided to the User.
- TOMP'S has the right to consider and treat all activities carried out through the TOMP'S Account as activities that have been carried out by the User.
- The User is responsible for all losses and legal consequences arising from the User's errors or negligence in maintaining the confidentiality of the User's password and account.
- The User agrees to immediately notify TOMP'S of any suspected or unauthorized use of the TOMP'S Account or password or other breach of security relating to the User Account as soon as possible.
3. Intellectual Property Rights
Intellectual Property Rights related to TOMP'S and Services, including but not limited to, names, logos, program codes, designs, trademarks, technologies, databases, business processes and models, are protected by copyrights, trademarks, patents and other intellectual property rights available under the laws of the Republic of Indonesia registered in the name of TELKOM No right or permission is granted either directly or indirectly to the User or any party accessing the Site to use and/or reproduce the Intellectual Property, and neither party can claim any rights to, ownership or interest therein. You may not alter paper or digital copies of any materials. If you find any intellectual property infringement, you can report it to TOMP'S by contacting the contact provided.
4. Payment Options
- You agree to pay TOMP'S for any paid Services specified.
- Users agree that TOMP'S carries out transactions using several available payment methods.
- We collaborate with third parties regarding payment processing, as mentioned in point 5.c above, only to provide the most convenient and secure payment method.
- TOMP'S is not responsible for refunds in the event of violating the Terms and Conditions.
5. Limitation of Responsibility and Prohibition
Nobody is permitted to take actions that could be seen as attempts to gather, process, or disclose information from TOMP'S electronic system in order to disobey laws and regulations.
No one can use the TOMP'S website to compromise the integrity or security of any network, computer system, software program, or another networked or computational device (each, a "System").
Unauthorized access to or use of any System, as well as any attempts to probe, scan, or test its vulnerability or to circumvent any security or authentication mechanisms in use by a System, are prohibited actions.
The collection, processing, and/or disclosure of information that occurs outside of TOMP'S electronic system is not the responsibility of TOMP'S or TELKOM.
6. General Limitation of TELKOM's Liabilities and the TELKOM Guarantee
- The User acknowledges that he uses TOMP'S at his own discretion and that the TOMP'S Service is made available to him "AS IS" and "AS AVAILABLE."
- To the fullest extent allowed by law,TELKOM (including TELKOM Group, directors, and employees) shall not be liable, and the User agrees not to hold TELKOM liable, for any damages or losses (including but not limited to loss of money, reputation, profits, or other intangible losses) resulting directly or indirectly from:
- The cost of the Partner's TOMP'S Services;
- The User's ability or incapacity to use the TOMP'S Service;
- Delays or interruptions in the Application;
- Infringement of intellectual property rights;
- Disputes between users and/or customers;
- Defamation of the other party;
- Negligence and losses suffered by each User and/or Customer;
- Losses brought on by errors made in writing accounts or other information or errors made by the bank; viruses or other malicious software (bots, scripts, automation tools, hacking tools) obtained by accessing or connecting to TOMP'S Services; Losses resulting from any unauthorized payments made to third parties on behalf of TELKOM;
- Viruses or other malicious software (bots, scripts, automation tools, hacking tools) obtained by accessing, or connecting to TOMP'S Services;
- Any glitches, bugs, errors, or inaccuracies in the TOMP'S Service;
- Damage to the User's and/or Customer's hardware from the use of any TOMP'S Services;
- There are hacking actions carried out by third parties to User or Customer accounts;
- Force Majeure.
7. Criticism and/or Suggestions
- If there are inquiries, grievances, or complaints regarding the usage of TOMP'S, the User may make such inquiries, grievances, or complaints by affixing the User's identification to WhatsApp which is available on tomps.id.
- The Site will later provide notice if the complaint channel is added to, reduced, or changed.
- Based on User data that has been stored in the TOMP'S system, TOMP'S will verify User data. If the verified user data and the user data kept in the TOMP'S system do not match, TOMP'S has the right to refuse to process any inquiries, complaints, and/or complaints made by Users.
- After receiving comprehensive complaints/complaints within 1x24 hours,TOMP'S will examine and/or investigate TOMP'S User complaints and respond to Users in line with the applicable policies and procedures in TOMP'S.
8. Force Majeure
- TOMP'S and TELKOM are not liable for delays or failures to fulfill obligations caused by events beyond TELKOM's control (hereinafter referred to as Force Majeure). Force Majeure events include all circumstances or events beyond the Parties' control, such as riots, epidemics, fires, floods, earthquakes, general strikes, war, sabotage, and the effective application of a provision of the laws of the Republic of Indonesia that limit or result in each party's inability to carry out its obligations under these Terms and Conditions.
- In the event that one or more events and/or events as intended occur, TOMP'S and TELKOM are required to notify the User in writing via email, Site, and/or Application no later than 7 (seven) calendar days after the event occurs.
9. Resolution of Disputes
- The Parties agree to use deliberation and consensus to resolve disputes in the performance of this Subscription Contract.
- If deliberation and consensus are not reached within 30 (thirty) calendar days or another period agreed upon by the Parties from the time the Dispute arises, the Parties agree that the Dispute will be forwarded to BANI (Indonesian National Arbitration Board) in Jakarta and agree that the BANI decision is final, so that a decision at a higher level cannot be requested and binding on the Partie
10. Applicable Law
These Terms and Conditions are governed by the laws of the Republic of Indonesia. Any issues not covered by these Terms and Conditions or not specifically addressed in them are governed by the laws that apply to the Agreement, including but not limited to the law of the agreement found in Book III of the Civil Code (KUH Percivil).
11. Finishing Terms
This provision takes effect on November 17, 2022, as agreed by TOMP's Parties.