Introduction
Welcome to Pengacara Indonesia, your online legal resource covering the United States. By using this website, our services, and materials, you are agreeing to comply with and be bound by the Terms of Use listed below. These terms and conditions constitute your agreement with Pengacara Indonesia regarding your use of this website, all resources and materials therein, as well as our legal consultation services. You must not use this website or any of our services if you do not agree with any part of these terms and conditions. For questions regarding these terms, please contact our principal office at [email protected] or by calling (646) 236-6825.
Agreement to Terms
By accessing or using the Pengacara Indonesia website and other services (the “Website”) provided by PT Pengacara Indonesia Lestari (hereinafter referred to as “Pengacara Indonesia”), you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and our Privacy Policy as well as any additional guidelines or rules that are now or may in the future be posted on the Website (collectively, these “terms”). Such terms will apply generally to all who access the Website including lawyers, students, educators, organizations, and the public at large. In situations where you (the “User”) are accessing the Website on behalf of an organization, you hereby represent and warrant that you have the authority to bind such organization to these terms. If at any time you do not accept these terms, you must stop accessing the Website and using all of our various services.
Amendment of Terms
Pengacara Indonesia may update, change, or replace these Terms of Use at any time and without notice. We recommend that you check this page periodically to reflect any changes made. Your continued use of the website and services after changes are made constitutes your acceptance of the new terms. If we make a material change to any of these terms, we will notify you by means we believe are reasonable, such as by posting a notice on our homepage or sending an email to all registered users. It is your responsibility to keep apprised of the terms then in effect.
Services Provided
Pengacara Indonesia is a comprehensive source of legal information and resources, offering a variety of professional services including but not limited to:
- Legal consultations adjusted to users’ needs
- Legal advice and representation
- Workshops and seminars for individuals and companies
- An online library with articles, case studies, and practical legal tools
- Regular updates, analysis, and summaries of important legal developments and news, including expert opinions
- A subscription-based newsletter offering exclusive content and reports
Our services are intended for educational, informational, and research purposes and are available online in the U.S. or to any interested English-speaking user abroad. We strive to bring accurate and updated legal information as available; our materials are not intended to be construed as legal advice or for personal application purposes by any attorney or attorney-client relationship.
Eligibility Requirements
The following is a legal requirement: The use of the Pengacara Indonesia website (“Website”) and our services (“Services”) is available only to users who are at least 18 years of age or of majority as defined under applicable law. By using this Website, you are certifying that you are at least 18 years of age or of majority in your jurisdiction. For users under the age of 18, you may use our resources only if a parent or guardian agrees to abide by these Terms of Use with respect to your use of this Website. Organizations such as corporations, educational institutions, and other commercial enterprises may utilize our Services provided they agree to conduct business with us in compliance with all applicable laws.
User Accounts and Registration
In order to use certain features of our site, including requesting a personalized legal consultation, subscribing to a newsletter, or attending a workshop, seminar, or other event (collectively, “Services”), you must register for an account. When you register for an account, you agree to provide us with accurate, prompt, and complete information about yourself and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your information and account and for all activity that occurs under your account(s). Users are solely responsible for any lost or stolen passwords. Pengacara Indonesia is not responsible for any lost or stolen passwords or any loss or damage from use of lost or stolen passwords. You agree to alert us promptly if you become aware of any unauthorized use of your account by contacting [email protected].
User Behavior
You agree to use the Pengacara Indonesia website and service solely for lawful purposes and in accordance with these Terms of Use. You shall not:
- Post, upload, transmit, or otherwise make available any content that is unlawful, defamatory, obscene, harassing, abusive, or otherwise objectionable
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity
- Access or attempt to access accounts, data, or information of other users without authorization
- Disrupt or interfere with the security, integrity, or proper functioning of the website (or any part thereof)
- Exploit by using manual or automated software, devices, robots, spiders, crawlers, or scrapers to collect or harvest data from our website or website users
- Engage in any conduct that could disable, tamper with, or interfere with the use of our website, service, or systems
You acknowledge that violation of these rules may lead to suspension or termination of your account and services.
Intellectual Property Ownership
All materials and information on the Pengacara Indonesia site, including text, articles, graphics, logos, icons, images, video or audio clips, software, and other items, are trademarks and/or the property of Pengacara Indonesia or its licensors and are protected under United States and international copyright, trademark, and other intellectual property laws. You may view all materials and information on this site for your individual personal, non-commercial use only. You may not reproduce, distribute, modify, publish, or otherwise exploit our content for any commercial purpose without our prior written permission. Please contact [email protected] to request permission.
Third-Party Material and Hyperlinks
Situs kami mungkin menyertakan penghubung (“tautan”) ke situs web, sumber, atau isi lain yang dimiliki atau dikelola pihak ketiga untuk kenyamanan dan informasi Anda. Pengacara Indonesia tidak merekomendasikan atau bertanggung jawab sedikitpun terhadap konten atau praktik pihak ketiga, dan konsumsi, akses atau kunjungan Anda pada situs pihak ketiga tersebut adalah sepenuhnya risiko dan keputusan Anda sendiri. Kami mendorong Anda untuk menengok syarat serta kebijakan privasi pihak ketiga terkait dengan kunjungan Anda ke situs web/halaman mereka. Tautan kepada pihak ketiga tidak menunjukkan afiliasi, sponsor atau dukungan Pengacara Indonesia, kecuali jika dinyatakan secara khusus.
User Submissions
Some portions of our website may enable you to submit, post, or otherwise make available content or materials, including but not limited to comments, reviews, questions, and other materials (collectively ‘User Content’). By submitting or otherwise making available any User Content, you grant Pengacara Indonesia and its licensees a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, and otherwise exploit such User Content in any media. You represent and warrant that you own or otherwise control all of the rights in and to your User Content and that such User Content does not infringe on the rights of any third party, is not defamatory, and does not violate these Terms of Use. Pengacara Indonesia reserves the right to delete or edit User Content in our sole discretion.
Privacy and Data Security
Pengacara Indonesia is strongly focused on protecting your privacy and personal information. We collect, use, and disclose your personal information in accordance with our Privacy Policy, which forms an integral part of the Terms of Use. By visiting our website and using our services, you consent to the collection and processing of your personal information in the manner set forth in the Privacy Policy. We take all reasonable steps to protect your information; however, we are not able to provide any absolute assurances in that regard. If you have any questions regarding our collection of information, kindly reach out to [email protected].
No Attorney-Client Relationship
The information, articles, and resources on the Pengacara Indonesia site (“Pengacara Indonesia”) are intended only to provide general, informational, and educational materials and they do not constitute and should not be construed as legal advice or as the establishment of an attorney-client relationship. Although the content on our website is curated and edited by seasoned legal practitioners, it may not reflect the latest legal developments and may not apply to you and the particulars of your matter. Before relying on any information provided on our website, we advise you to consult a qualified attorney to get your personal legal advice. Pengacara Indonesia is not responsible for any actions taken or foregone on the basis of the content provided on our website.
Professional Advice and Clarity
Lawyer Indonesia encompasses access to consultative and, where applicable, representation services as provided by qualified professionals. The terms, scope, and fees for such services shall be subject to individual agreements between the user and our legal team. While we endeavour to ensure the professional competence and experience of our professionals, there are no guaranteed outcomes. By accessing and utilizing consultation or representation services, you will be deemed to have agreed to provide all complete and accurate information necessary to enable effective advice and service.
Workshops, Seminars, and Other Learning Material
Bylawblaw’s seminars, workshops, and other educational session materials aim to promote legal literacy and understanding. Registration and a fee may be required for attendance at events as determined at the time of registration. All educational materials are provided for informational purposes only. Bylawblaw reserves the right to change, reschedule, or cancel events and will provide reasonable notice to persons registered to attend such events of any changes in scheduling.
Subscriptions and Newsletters
By subscribing to the Pengacara Indonesia newsletter or any other subscription-based service you will be agreeing to receive regular newsletters, reports, and other information such as special offers via email. You have the right to unsubscribe from these services at any time, which can be as simple as following the instructions provided in each email. Subscription terms and conditions, including applicable terms and conditions and pricing (if any), will be provided at the time of subscription. While we do our best to provide useful information to our subscribers, we cannot guarantee that all of the information provided will be accurate or comprehensive.
Payment Terms and Credits
Some of the services we offer, such as legal consultations, workshops, or premium content, are subject to a fee. All fees, payment forms, and billing terms are disclosed in advance at or before purchase. Payments are processed by our third-party payment processors. Refund requests are considered under the terms of our Refund Policy, which can be requested or reviewed at time of purchase. Billing or payment issues should be reported immediately to [email protected].
Termination and Suspension of Service
Pengacara Indonesia has the right to suspend or terminate your access to the website, the services, and/or your user account at any time without notice and for any reason, including without limitation: a) violation of these Terms of Use; b) non-payment of the fees due if you have designated a subscription with fees; c) in our sole judgment and discretion, suspected fraudulent or illegal activity and inactivation of your user account(s). Upon termination, your right to use the website and services will immediately cease. We may, in our sole discretion, delete, remove, or otherwise eliminate your user content and information concerning your user accounts. Notwithstanding anything to the contrary herein, termination shall not affect any rights or obligations that may have accrued before the effective date of termination.
Limitation of Liability
To the fullest extent allowed by applicable law, Pengacara Indonesia, its owners, members, employees, affiliates, and licensors will not be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to loss of profits, data, goodwill, or other intangible losses resulting from your use or inability to use the website, services, or content, whether based on warranty, contract, tort (including negligence), or any other theory of liability, and whether or not we are advised of the possibility of such damages. Some jurisdictions do not allow for the exclusion or limitation of liability for consequential or incidental damages, so some of the above limitations may not apply to you.
Indemnification Clause
You agree to indemnify, defend, and hold harmless Pengacara Indonesia, along with its owners, employees, contractors, affiliates, and/or agents, from any and all claims, demands, liabilities, damages, losses, costs, and/or expenses, including reasonable attorneys’ fees, that arise out of or relate to your use of the website. This obligation also extends to any breach of these Terms of Use or any infringement by you, or any third party utilizing your account, of any intellectual property right or other right belonging to any person or entity.
Force Majeure
Pengacara Indonesia is not responsible for any failure or delay in the performance of its obligations under these Terms of Use caused by conditions beyond its reasonable control, including but not limited to natural disasters, government action, war, terrorism, labor strikes, system failures, or interruptions in the availability of Internet connectivity or telecommunication services.
Governing Law and Jurisdiction
These Terms of Use, and any dispute arising from or related to these Terms of Use, shall be governed by and construed in accordance with the laws of the State of New York, United States, without giving effect to any conflict of law principles. Any legal action or proceeding arising out of or related to these terms will be instituted only in the federal or state courts located in NY, NY, United States, and you irrevocably submit to the exclusive jurisdiction of such courts.
Arbitration and Disputes
In the event of a dispute, Pengacara Indonesia recommends that you contact us directly in an attempt to successfully resolve it by emailing [email protected]. If you and we cannot resolve our dispute amicably, you agree that any dispute, claim, or controversy arising out of or relating to these Terms of Use, or your use of the website or services, will be resolved by binding arbitration under the rules of the American Arbitration Association. The place of arbitration shall be New York, NY. Judgment upon the award may be entered in any court with jurisdiction.
Severability
In the event that any provision hereof is ruled invalid, unlawful, or unenforceable by a court of competent jurisdiction, then such provision shall be severable from this agreement and the remaining terms hereunder shall remain in full force and effect.
Severability Language: We have discussed how, generally, if a document or term is in conflict with a statute or regulation, then a Court would most likely override the provision that forces the private party to act contrary to that overriding regulation. However, severability language can be important both for an analysis of who a contract is between and if valid, and/or for interpreting if provisions are severable in a contract.
A severability clause acts as a safety net or fail-safe even if something is missing from your contract. They do two basic things. First, they excise out any open questions about the contract. Second, they keep the parties honest by requiring the parties to negotiate an improvement, instead of simply sloughing it off on a “contract default.” Oftentimes people use it improperly to protect them from errors (or intentional omissions) in contract. The reality is that this angers some Judges and can create an opportunity for a longer drawn out litigation process than necessary. Also, I have yet to see it work properly when a Judge just wants to “move on.”
In closer cases where the Judge has not made up his/her mind, it may be worthwhile because they want to make certain that the novel issue has not been better decided by later cases. This usually only goes for appellate courts since the Judge has an obligation to follow binding precedent.
The case law is all over the place on this issue so as always pay attention to these clauses when putting together a contract so you do not reinforce exclusionary provisions or inconsistencies in your contract.
No Waiver
None of the terms or conditions set forth in these Terms of Use shall be deemed to be a further or continuing waiver of such term or condition, or any other term or condition, nor shall any failure on the part of Pengacara Indonesia to exercise, or any delay in the exercise of, any right under these terms of use constitute a waiver of such right or any other right under these terms of use.
Entire Agreement
These Terms of Use, our Privacy Policy, and any other policies or statements published on this website constitute the entire agreement between you and Pengacara Indonesia concerning your use of this website and services and supersede all prior agreements or statements, written or oral.
Contact Information
For any inquiries regarding these Terms of Use, our services, and our rights as your service provider, please contact us:
Pengacara Indonesia
100 Park Ave Fl 65, New York NY 10017
Phone: (646) 236-6825
E-mail: [email protected]
Website: https://pengacaraindonesia.com/
We welcome suggestions, requests, comments, or ideas. We are dedicated to providing access to straightforward, accessible, and reliable legal information to all site users. For more ways to reach us, please visit our Contact Us page.
Amendments and Effective Date
Terms of Use will become effective on June 1, 2024. Pengacara Indonesia retains the right to amend these terms at any point in time. Notifications regarding any such amendments will be communicated through a posting on this page and, where appropriate, via email or through the website. Your continued use of the website and any of our services or materials following any amendments will signify your acceptance of those changes. It is advisable to periodically review this page to remain informed of your rights and obligations.
Your Responsibilities and Acknowledgements
By using this website and services, you are accepting full responsibility for your own legal compliance as well as the legal compliance of your clients under any applicable laws. It is not a substitute for professional legal advice. You should consult with knowledgeable counsel for matters related to legal compliance that pertain specifically to you and your clients. You acknowledge that Pengacara Indonesia is not liable and will not accept responsibility or liability for any loss or damages resulting from reliance upon information or services offered on this website.
Request to Stay In Touch
We advise all users to sign up for Pengacara Indonesia’s weekly newsletter, special reports, and updates. We encourage you to educate yourself and keep abreast of the law in the United States, so that you may make wiser choices and protect your rights. For customized legal advice, please consult our legal professionals/lawyers using the contact information provided. Sincerely yours, Pengacara Indonesia.
