A. DEFINITION

1. OCA Account is the account used by you to access the OCA Page and to utilize OCA service. This account includes Your Personal Data.
2. Official Report of Reconciliation is a document that showing the transaction data for the use of OCA services within a certain period.
3. Official Report Work of Handover is a document that showing the handover of OCA services to the CUSTOMER whose purchase is not through a License on the OCA website.
4. Additional Quota Fee is an additional fee charged to the CUSTOMER to add quota to each OCA product to be used. Additional quota is available on OCA Blast and Add Ons OCA Interaction.
5. Personal Data is data about an identified or identifiable individual or in combination with other information either directly or indirectly through electronic non-electronic system.
6. End User is any person/company who purchases or uses products or services offered by CUSTOMER and has a direct/indirect relation with CUSTOMER.
7. Free trial is the use of OCA services for free within a certain period of time, after which the CUSTOMER must pay to use the OCA services.
8. Intellectual Property Rights (IPR) include but are not limited to copyrights, patents, trademarks, service marks, trade secrets, industrial designs, logos and other similar rights in accordance with the provisions of applicable laws and regulations.
9. Service Price is the amount of fees set by TELKOM for the use of OCA services and paid to TELKOM within a certain period of time.
10. Calendar Days are all days based on the Gregorian calendar, including Saturdays, Sundays, and public holidays of the Republic of Indonesia.
11. Working Days are Calendar days except Saturdays, Sundays, and public holidays of the Republic Indonesia, when banking offices are open to carry out their business activities in carrying out interbank clearing transactions.
12. OCA service is a service provided by TELKOM for CUSTOMER to use various OCA Products.
13. OCA Products are OCA services that can be used by CUSTOMER, which consist of OCA Blast, OCA Interaction, OCA WhatsApp Business API, and OCA AI. OCA products may evolve with the times and technology.
14. Term is the period of use of OCA service that can be selected by the CUSTOMER.
15. License is a service use permit provided by TELKOM in the use of OCA service which can be directly accessed by CUSTOMER on the OCA Page specifically for purchases through the OCA Page.
16. License Period is the period of use of the OCA License that can be selected by the CUSTOMER with a range of 1 (one) to 12 (twelve) months. This License Period will affect the price calculation in User License and Package License.
17. User License is an OCA License granted to several child accounts under CUSTOMER’s End User according to CUSTOMER’s needs.
18. Product License is a License to activate OCA Products to be used by CUSTOMER.
19. OCA AI is a solution to improve the interaction capabilities of an initiation to an audience automatically.
20. OCA Blast is a solution to facilitate sending a large number of messages at one time through various channels, such as WhatsApp, Email, SMS and Telephone.
21. OCA Breach Checker is a notification service that alert You in the event your email address is involved in a data breach.
22. OCA Interaction is an application/solution as a platform for two-way communication between CUSTOMER and CUSTOMER’S End Users.
23. OCA WhatsApp Business API is a solution to do WhatsApp Blast and WhatsApp Interaction by using a WA account that has been officially verified by WhatsApp.
24. CUSTOMER is an entity/organization/group that intends to use OCA services either through the OCA Page or through TELKOM’s available communication channels.
25. OCA Platform is a real-time communication platform that can be used by businesses and enterprises to broadcast information through various integrated communication channels, such as voice, SMS, email, and messaging using WhatsApp platform.
26. Purchase Order (PO) is a document made by CUSTOMER to TELKOM to request the use of OCA services that are not purchased through the OCA Page.
27. Reconciliation is the activity of matching data on the use of services on the OCA Page as outlined in Official Report of Reconciliation. If there is a difference between the results of the reconciliation of the parties, the data used is TELKOM’s transaction data.
28. One Time Charge or OTC is a fee that must be paid by the CUSTOMER at one time.
29. OCA Page is the website for using OCA service, https://ocaindonesia.co.id/

B. GENERAL

1. You understand, agree and declare to be a party who is legally capable and able to bind in a legal agreement based on the provisions of laws and regulations, including in terms of registering an OCA service account.
2. TELKOM reserves the right to make changes to these Terms and Conditions.
3. You can purchase OCA service via OCA Page (online) or offline via “Contact Us”. The general difference between the two is that in purchasing via the OCA Page, You can only purchase OCA Blast, OCA Interaction along with its Top Up and Add On (with limited features).
4. By agreeing to these Terms and Conditions, You agree to the other Terms and Condition set forth on each OCA Product. You must read every Terms and Conditions of the OCA Product that You will use. All risks of using OCA service are sole responsibility.

C. ACCOUNT REGISTRATION, PASSWORD AND SECURITY

1. For You, prospective CUSTOMER who want to use the OCA service for free (free trial), the steps you can take are by clicking on the Product or “Contact Us” on the OCA Page, then You will fill out the form provided. After You have completed the form, TELKOM will send you a verification email stating your email address and You will be asked to enter Your password in order to access the OCA Page. You will have access to use the OCA Page for 14 calendar days. Henceforth, if You wish to continue using the OCA service, You may contact TELKOM through the communication channels provided.
2. For those of You who want to use the OCA service by the direct purchase on the OCA Page you must select “License” on the OCA Page. You will be directed to fill in the User License and Period License, and select the available Product License. You will then complete the OCA Account registration form by verifying your email address and phone number. After You Log In to Your account on the portal.ocaindonesia.co.id page, You can select “OCA Shop” to purchase the License that You previously selected at the beginning. Make the payment provided by TELKOM, and then You can access the OCA Service you selected.
3. The entire description of the OCA service including each of the OCA Blast, OCA Interaction, OCA API and OCA Lite Product the specific terms and conditions of use of which are in complete can be accessed via following page https://docs.ocaindonesia.co.id/product-documentation/.
4. You understand and agree that every account registration process, some information regarding the User’s identity is required including but not limited to identity cards, cellular telephone numbers, electronics mail addresses, company legality documents and other identities required from You, whether in format of a legal entity or non-legal entity or individual.
5. You understand and agree that the account registration process carried out by Your delegate/representative/proxy is a legally authorized party based on the provisions of laws and regulations and/or articles of association that bind You directly, legally acting for and on behalf of, including but not limited to signing all forms of documents both printed on a piece of paper and documents in digital/electronically printed form, which are issued for relevant information and instructions regarding the use of OCA service.
6. You understand and agree that You must independently manage Your account, must independently maintain the confidentiality of Your account and password and security for all activities that occur in Your account, there are exceptions where, under certain circumstances, OCA may access Your account provided that OCA has obtained Your prior consent. Ensure that You have logged out of Your account at the end of each session and immediately notify TELKOM in writing via email of any authorized use of Your account.
7. You are required to enter the One Time Password (OTP) when attempting to access the OCA page. You understand and agree that TELKOM never asks for your account username and password, Short Message Service (SMS) verification code or One Time Password (OTP) code for any reason, therefore TELKOM urges You not to provide such data or other important data to any unlawful and irresponsible party on behalf of TELKOM, OCA and/or other parties whose security cannot be guaranteed.
8. In the event of any changes to Your OCA Account that cannot be made directly through the OCA Page, You are required to submit a request for such changes to OCA via Contact Support, by releasing TELKOM from liability in referred with section H on Release of Liability and Indemnification of these Terms and Conditions.
9. You are solely responsible for all use of the Services under any Main Account (Owner/Parent Account) and Sub-Account (Member), including the quality and integrity of Your End User Data. You are also solely responsible for all acts and omissions of anyone who has access to or uses the OCA Services under Your account. You agree to take all reasonable precautions to prevent either access to or use of the OCA Services, and will immediately notify TELKOM of any unauthorized use. TELKOM will not be liable directly and/or indirectly for any loss or damage arising out of unauthorized use of Your account. You will be solely responsible at Your own expense, for obtaining, installing and maintaining all hardware, software and other equipment that may be necessary for You and any End users to connect to, access and use the OCA services.

D. PRICING, USAGE AND SERVICE CHANGES

1. TELKOM may change the price of the OCA Service, from time to time, and TELKOM will notify the price change to You in advance through the OCA Page and/or notification letter. For those of You who have paid in full for the OCA service prior to the OCA service price change due to the price change set by the third party OCA Product provider, then to be able to use the OCA service again, You must pay the difference of the OCA Service price change or agree to the conversion from the previous OCA Service price to the new price including the amount of OCA Product Quota received by You. If You do not agree with the price change, You have the right to reject the change by not continuing to use the OCA service use of the OCA service, but TELKOM will not refund the remaining payment to You.
2. You acknowledge that the OCA Service will automatically terminate after the usage period is completed in accordance with the OCA service You have previously selected, even if You still have quota available. Except in the event that Your usage period has not been completed and You want to make a quota top-up or add-on, You may make a quota top-up or add-on in accordance with TELKOM’s terms.
3. If You have purchased the OCA Services and/or purchased additional OCA Services, and You want to cancel payment and/or terminate the engagement between You and TELKOM: (1) while the OCA Services are in progress/before the end of the current usage period; (2) due to any fault/omission by You, TELKOM will not refund any subscription fees already paid to TELKOM.
4. Each OCA service has its own terms of use that are not separate from these Terms and Conditions. These terms can be accessed at https://ocaindonesia.co.id/termcondition. You must read each OCA Product’s terms and conditions in using the OCA services.
5. From time to time, TELKOM may provide the option for You to participate in a program where You can use alpha, beta, non-GA, limited release, developer preview or similar services, product features and documentation offered by TELKOM (“Beta Services”). TELKOM may discontinue Beta Services at any time in its sole discretion and may decide at any time to make such Beta Services unavailable to the public.
6. The features and functions of the OCA Services may change over time, it is Your responsibility to ensure that the requests You make for the OCA Services are compatible with the OCA services TELKOM provides at that time. TELKOM tries to avoid making changes to the OCA Services that are incompatible with the previous OCA Services. If any changes are required, TELKOM will make reasonable to notify to You at least fourteen (14) business days prior to implementing such changes with respect to the OCA Services through TELKOM’s available communication channels.

E. BILLING AND PAYMENT

1. In the event that You have used the OCA Services, the following conditions apply:
   1. You will send the Purchase Order to TELKOM and TELKOM will then send the OCA service Usage Agreement for the Parties to sign.
   2. If the OCA service has been handed over to the CUSTOMER, TELKOM and You will sign the Official Report Work of Handover. This Official Report Work of Handover will be one of the billing documents to You (can be along with the Official Report of Reconciliation, if there is a reconciliation implementation).
   3. In the event that You require reconciliation of the use of the OCA service, TELKOM will submit an Official Report of Reconciliation to be signed TELKOM and You. The Official Report of Reconciliation will be one of TELKOM’s billing documents to You.
   4. Payment for the use of OCA services is made no later than 14 (fourteen) working days after the bill is given to the CUSTOMER, with transfer fees being charged by the CUSTOMER.
   5. The TELKOM Account details used for the OCA service payment process are stated on the bill.
   6. If there are changes number account number TELKOM, then TELKOM will inform the change in writing to the CUSTOMER.
   7. TELKOM will send tax invoices and receipts for payments made by CUSTOMERS.
   8. In the event of a price change to the OCA Service and/or Additional Quota Fee, TELKOM will notify you at the latest 14 (fourteen) calendar days before the new price becomes effective. TELKOM will give You the following options: (1) You must make an additional payment equal to the difference of the new price change; or (2) the OCA Service fee and/or Additional Quota Fee that you have paid will be converted in accordance with the new price. If You choose option (1), then until You make the additional payment, the OCA Services on Your account will be temporarily suspended until payment is made. If You do not wish to continue using the OCA Service, TELKOM will not refund the fees paid to You.
   9. In the event of a price change and You still intend to use the OCA service, then You and TELKOM will sign a Minutes of Price Change which will become one of the billing documents to You.
2. In the event that You intend to use the OCA Services in full through the purchase of a License on the OCA Website, the following conditions apply:
   1. You can make a purchase after Logging in to Your account and selecting ‘OCA Shop’ to make a purchase for the License You previously selected.
   2. You can make payments through the payment methods TELKOM provides. Especially for the use of Credit Cards, the use is not automatically extended or renewed, but only once at the beginning according to the first transaction You made.
   3. In the event that You make a payment, then You understand the consequences of any transaction outside of the method provided (experiencing a loss) which will be Your own responsibility.
   4. You agree that if You purchase a License the period You can purchase is a minimum of 1 (one) month up to a maximum of 12 (twelve) months. You cannot cancel the Service while the Service is in progress/before the end of the period of use of the OCA Service.
   5. In the event of a price change to the License, TELKOM will notify You 14 (fourteen) calendar days before the new License price becomes effective. TELKOM will give You the following options: (1) You must do the following additional payment of the License fee; or (2) the OCA Services fee You have paid will be converted to the current License price. If You do not make an additional payment of the License fee and do not wish to convert it to the latest License, the OCA Service on Your account will be suspended until payment is made. If You do not wish to continue using the OCA Service TELKOM will not refund the fees paid by You.
3. In the event that You have used the License purchase on the OCA Page and You intend to use the OCA Services in full, then You may contact TELKOM through the communication channels provided.

F. TEMPORARY AND PERMANENT SERVICE TERMINATION

1. In the case of use of the OCA Services, You may terminate Your use of the OCA Services by waiting for the Term to expire.
2. The following terms apply to the use of the OCA Service:
   1. You may terminate Your use of the OCA Services with 30 (thirty) business days written notice prior to the desired termination.
   2. If You have not made payment of the bill within 30 (thirty) business days from the issuance of the billing document and sent to You, TELKOM will send a warning letter to You.
   3. If You have not made payment of the bill within 45 (forty-five) business days from the issuance of the billing document and sent to You, TELKOM will temporarily stop the OCA Service that You use.
   4. If You have not made payment of the bill within 60 (sixty) business days from the issuance of the billing document and sent to You, TELKOM will permanently terminate the OCA service that you use.
   5. TELKOM can reactivate the activation if the payment from You has been made.
3. You understand that TELKOM will not refund any amount you have paid.
4. With the exception of point 2 letter b, c and d of this provision related to Temporary and Permanent Termination of Service, TELKOM at its sole discretion, may terminate this provision and close Your account if at any time You commit any breach of these Terms and Conditions and fail to remedy such breach within 7 (seven) days after TELKOM gives written notice of such breach. You may also terminate the engagement with TELKOM if TELKOM is found to be negligent in providing the OCA Service (operational issue) and fails to remedy it within 14 (fourteen) business days after You provide written notice of TELKOM’s breach.
5. TELKOM may also terminate the OCA Service immediately (either temporarily or permanently) upon notice due to but not limited to:
   1. You breach or give TELKOM reason to believe You have breached the Terms and Conditions of which You have been informed;
   2. There is reason to believe the activity You create from Your use of the OCA Services or Your use of the OCA Services is fraudulent and/or other unlawful conduct that negatively impacts/damages the operational capabilities of the OCA Services;
   3. TELKOM determines, in TELKOM’s sole discretion that, providing OCA Services is prohibited by applicable law, or regulatory reasons for providing OCA Services;
   4. subject to applicable law, upon liquidation, commencement of dissolution proceedings, disposal of assets owned by You or change of control, failure to continue business, assignment for the benefit of creditors, if You become subject to bankruptcy or similar; and/or
   5. You revoke TELKOM’s right to process the data You hold in relation to the use of the OCA Services, and/or request a delay, make changes and/or other actions to Your data.
6. TELKOM will use commercially reasonable efforts to: (1) give You advance notice as clearly as possible of any situation of which TELKOM becomes aware that may lead to the right to terminate the OCA Services described in this Point; and (2) cooperate with You to remedy any situation that may lead to the termination of the OCA Services described in this Point if such situation can be remedied.

G. PROHIBITION

You understand and agree that You are prohibited from doing the following, including but not limited to:

1. Manipulate/falsify/alter Your End User’s data without Your End User’s permission.
2. Conducting scraping or crawling activities.
3. Conduct any other activity that could naturally and reasonably be judged as an act of system manipulation. Misuse of the system on the OCA services for the purpose of unlawfully transmitting, disseminating and/or distributing any kind of destructive means/virus/malware into or through the system on the OCA Services in any form including but not limited to trojan horses, worms, logic bombs and others.
4. Enter, gain unauthorized access to, interfere with or disrupt any electronic and/or non- electronic systems and/or networks connected to the OCA services, including but not limited to attempting to affect the performance or functionality of any computer systems/networks/facilities/access to the OCA services.
5. Destroying all forms of data/materials recorded and stored in the TELKOM system/network.
6. Interference, interception and/or other actions that are detrimental and/or cause the TELKOM server and/or OCA Service hosting to not run properly.
7. Use OCA Services to support any illegal, abusive or other conduct that materially or immaterially disrupts TELKOM’s activities or business.
8. Attempt to break or destroy any security mechanisms on the OCA services, or use the OCA services in any manner that creates a material or service security risk to TELKOM or the privacy rights of other CUSTOMERS.
9. Re-engineering the OCA Service to identify limitations, vulnerabilities, or to bypass filtering capabilities, and/or unlawfully re-engineering or duplicating the OCA services for commercial purposes for personal gain.
10. Carry out or facilitate, either intentionally or unintentionally, a denial of service attack on any TELKOM-provided service that materially and adversely affects the availability, or stability of the OCA service.
11. Transmit any material that contains viruses, trojans, spyware, worms, or any program that is harmful, dangerous or damaging to the OCA services.
12. Use the OCA services in any manner that may cause a third party OCA Product provider to complain about your use of the OCA services or materially violate any of the following: (a) industry standards, policies and terms of existing providers; (b) telecommunications provider terms and conditions of use as communicated in writing by TELKOM to You.
13. Engage in any advertising, marketing, or other activity prohibited by applicable laws or regulations or anti-spam, personal data protection, or privacy laws in any applicable jurisdiction.
14. Use the OCA Services in connection with unsolicited, unwanted, or harassing communications (commercial or otherwise, not limited to phone calls, SMS or MMS messages, voice, video, or fax message chats).
15. Use the OCA services to collect information about Individuals, both General Personal Data other than, namely; a person’s full name, gender, nationality and religion, and Specific Personal Data such as, but not limited to: health data, biometric data, genetic data, sexual life/orientation, political views, criminal records, child and family data, personal financial data, including email addresses, telephone numbers and/or any other data contrary to applicable law, which makes it possible to identify an individual specifically, without explicit consent or under false pretenses and/or which may harm the individual.
16. Use the OCA services to engage in, or in connection with fraudulent and/or embezzling activities.
17. Use OCA Services to receive, send or process protected health information.
18. Violating or facilitating violations of laws or regulations that apply both to the Unitary State of the Republic of Indonesia or regulations of other countries/foreign countries.
19. Use the OCA services in a manner that triggers a law enforcement, government, or legal regulatory agency to request suspension of the OCA services to you and/or your phone number as well as to other Parties including other Customers.
20. Use the OCA services to transmit any material that violates the Intellectual Property Rights, Privacy Rights of individuals, or other rights of Third Parties including other Customers.
21. Use the OCA services to transmit any material that facilitates, or creates slanderous, libelous, defamatory, discriminatory as well as harmful and/or harmful speech or actions to any person or entity, not limited to speech and/or hate speech, and any other material that TELKOM believes will degrade, intimidate, incite violence, encourage acts of prejudice against anyone.
22. Use the OCA services to transmit any content that is offensive, threatening, harassing, pornographic and/or obscene, illegal, or otherwise unacceptable to any person or entity.
23. Creating a false identity/personal data or falsifying email addresses or headers, phone numbers, or attempting to mislead others about the identity/personal data of the sender and/or others, or the origin of messages and phone calls.
24. Using OCA services with identified unlawful acts, criminal offenses, can harm, disrupt and/or other unlawful acts against TELKOM and/or other OCA service customers. Such actions can be proven by the existence of track records both electronically and non- electronically, and / or reports from the aggrieved party.
25. Sell, transfer, or transfer Your Account to other parties, if You continue to do these things, it will be entirely your responsibility.
26. Access and use the OCA website and/or services in an effort to create competition and generate revenue or of a commercial nature. Except where prior approval has been obtained from the OCA.

H. RELEASE OF LIABILITY AND INDEMNIFICATION

1. You understand and agree that You will release TELKOM (its shareholders, companies, board of commissioners, directors, employees, consultants, agents and affiliates) from any material or immaterial costs, damages or losses, including but not limited to:
   1. Your use of or inability to use the OCA services on the OCA Page;
   2. pricing, shipping or other instructions available on the OCA Page;
   3. delays or interruptions in OCA services;
   4. negligence and loss caused by You;
   5. infringement of Intellectual Property Rights by You;
   6. damage to the User’s hardware from the use of the OCA services;
   7. content, actions, or inactions of third parties, including with respect to products on the OCA Page that are allegedly counterfeit;
   8. enforcement actions taken in connection with Your account;
   9. any hacking action taken by a third party to Your account;
   10. losses due to unauthorized payments to parties other than TELKOM Official Account, which in any way on behalf of TELKOM/OCA services or negligence in writing accounts and/or other information and/or negligence of the bank;
   11. a loss experienced for the loss of use and management of accounts, account data and other forms of loss;
   12. a loss suffered for Your good name or reputation being tarnished;
   13. any loss suffered for costs, losses or damages that are not caused by TELKOM’s fault that can be proven. You understand and agree that TELKOM does not provide any guarantee and or warranty that the OCA Page has a system that is 100% free of viruses, malware, interruptions, bugs, flawless and or other material that has the potential to interfere with the OCA service system so as to result in the network or facilities used by You in accessing this OCA service not functioning properly. Related to this, You understand, agree and bind yourself to release and discharge TELKOM from any demands, lawsuits and or unilateral claims from You to TELKOM regarding any losses experienced by You; and/or
   14. any losses suffered by You and or other parties who have an interest with You for such losses caused by the delay, failure or cessation of the OCA service. Related to this, You understand, agree and bind yourself not to file demands, lawsuits and or unilateral claims from You to TELKOM regarding any losses experienced by You.
2. You understand and agree that Your use of the OCA Services is at Your own risk, based on Your own conscious desire, initiative and without coercion from TELKOM including using all information and descriptions provided without warranty of any kind, either express or implied.
3. You understand and agree that TELKOM makes every effort to comply with the relevant laws and regulations.
4. You understand and agree that TELKOM always strives to keep the OCA Service system functioning safely and well, however TELKOM cannot provide guarantees and guarantees that the operation of the OCA service system runs perfectly, in other words, it is possible that all forms of data and information recorded, printed and / or listed in the OCA service system do not occur live/real time.
5. This OCA service is not intended to support or carry out emergency calls or SMS messages for any emergency services. Neither TELKOM nor its representatives will be legally liable for any claims, damages or losses related to Your inability to contact emergency services through the OCA service.
6. You understand and agree that if You have any problems directly and/or indirectly with one or more of Your End Users or other parties regarding the use of the OCA Services, then You will release TELKOM (its shareholders, companies, board of commissioners, directors, employees, consultants, agents, and affiliates) from any claim/claims/disputes for damages whether real or implied, material or immaterial, arising out of and/or in any way related to Your mistakes.
7. You agree to indemnify and hold TELKOM harmless from and for all damages, losses and costs of any kind (including reasonable attorneys’ fees) arising out of or relating to: (1) Your breach of all or any one or more of the provisions of the Terms and Conditions; (2) the Content You post or otherwise provide; (3) any activity You conduct with or through the OCA services; and (4) Your violation of any law or the rights of a third party.
8. You understand and agree that any violation of these Terms and Conditions constitutes a violation of the prevailing laws and regulations in the Republic of Indonesia. Where such breach is proven to have occurred, TELKOM reserves the right to take all legal action in accordance with applicable legal provisions.
9. Any breach by You will entitle TELKOM to seek and obtain damages for any losses TELKOM suffers as a result of such breach, whether material and/or immaterial damages.

I. CONFIDENTIALITY

1. You are obligated to maintain the security and confidentiality of all Confidential Information obtained or arising from the use of the OCA services and which is required by applicable laws and regulations to be kept secure and confidential. You are solely and fully responsible for the security and confidentiality of all Confidential Information that you receive and store. What is meant by "Confidential Information" is all data and/or information, in any form, which is expressly stated as a secret or which by its nature and custom should naturally be treated as a secret, or is required by applicable law to be treated as a secret, including but not limited to, confidential data or information that:
   1. arising from the exercise of the use of the OCA services under Your control;
   2. submitted by TELKOM and/or its affiliates to You (within the scope of use of the OCA services); and/or
   3. sensitive and confidential nature related to products, services, corporate secrets or business activities of TELKOM.
2. All Confidential Information is provided "as is". The Parties make no warranties of any kind, express, implied or otherwise, as to its accuracy, completeness or enforceability, except that the Disclosing Party warrants it has the authority to make the disclosures contemplated under these Terms and Conditions.
3. Any utilization, processing, disclosure, transmission, and/or dissemination of Confidential Information arising from the use of the OCA services, including those you receive from TELKOM, must be approved in advance in writing by TELKOM.
4. You shall take the necessary technical and administrative (legal) measures to maintain the confidentiality and security of Confidential Information obtained from the use of OCA services. Any acquisition and collection, processing and analysis, storage, utilization, display, announcement, transmission, dissemination, disclosure, and/or deletion/destruction of Confidential Information must be approved in advance by TELKOM in accordance with applicable law.
5. TELKOM implements the Privacy Policy for the purpose of protecting Your Personal Data and/or Your End User Personal Data stored by TELKOM. Please read and study carefully the Privacy Policy which you can access through the Privacy Policy link on the OCA Page.
6. By giving Your consent to these Terms and Conditions, You also agree to the provisions set out in the Privacy Policy referred to in this paragraph. The Privacy Policy is part and an integral part of these Terms and Conditions.
7. The provisions of this Paragraph shall survive any expiration or termination of these Terms and Conditions.

J. GUARANTEE

1. You represent and warrant that You have given adequate notice, warranted and obtained the necessary licenses and approvals to provide Your data and Your End User data to TELKOM for use in the OCA service.
2. TELKOM will make reasonable efforts to maintain the operation of the OCA services in accordance with the applicable documentation and will materially conform to the specifications contained therein. TELKOM reserves the right to modify or discontinue the functions and features of the OCA services periodically and at any time, temporarily or permanently, with prior notice where possible, all without liability to You, except where prohibited under applicable law, for legitimate reasons, such as in the event of interruption, modification or discontinuation of the OCA services or its functions or features, or the need to repair, maintain or improve existing functions or features, or add new functions or features to the OCA services, or implement advances in science and technology or ensure the operation or security of the OCA services, applicable legal and/or regulatory reasoning.
3. The OCA services are Provided "As Is" to the extent permitted by the applicable laws of the Republic of Indonesia. TELKOM will not be responsible for, and will have no obligation to replace Personal Data (as defined below) sent to TELKOM. "Personal Data" includes but is not limited to:
   1. social security number, Passport number, driver’s license number or similar identifier (including any part thereof);
   2. credit or debit card numbers (other than credit or debit cards that are truncated at the last four digits), financial information, banking account numbers or passwords;
   3. employment, financial, genetic, biometric or health information;
   4. race, ethnicity, politics or religion, trade union membership, or information about sex life or sexual orientation;
   5. account password, birth mother’s name, or date of birth;
   6. criminal/criminal history, or
   7. any other information or combination of information that falls within the definition of "Categories of Personal Data" under applicable laws relating to privacy and data protection.
4. As with the Beta Services, these Beta Services are not generally available and may contain bugs, errors, malfunctions or harmful components. TELKOM provides the Beta Services to you "as is", or without breach. TELKOM makes no warranties of any kind with respect to the Beta Services, whether express, implied or otherwise, including the implied warranties of merchantability, fitness for a particular purpose, or fitness for a particular purpose. Without acknowledging anything in these terms or the published documentation that has been stated, TELKOM does not warrant that the Beta Services will be error-free or will meet any particular service level, or will operate without interruption. TELKOM will not be liable for any work or damage arising out of or in the Beta Services.
5. TELKOM guarantees the confidentiality of Your and Your End User’s personal data. The policy can be viewed at https://ocaindonesia.co.id/termcondition, select ‘OCA Privacy Policy’.

K. INTELLECTUAL PROPERTY RIGHTS

1. You understand and agree that the OCA Page and the data processes therein, including any information material, images/photos displayed on the OCA Page system including but not limited to words, numbers, graphics, logos, footage or the entire video and/or audio, promotional materials uploaded by TELKOM remain the property of TELKOM. Any information material, images/photos displayed on the OCA Page system including but not limited to words, numbers, graphics, logos, snippets or the entire video and/or audio, promotional material uploaded by you remains your property. In the event of any lawsuits against you for infringement of intellectual property rights for information uploaded by You on the OCA Page, it is your sole responsibility.
2. You understand and agree that you are prohibited from using in part or in whole, publishing, manipulating, distributing, duplicating and/or reproducing by any method the contents, materials, data, information, images/photos displayed on the OCA Page including but not limited to words, numbers, graphics, logos, footage or the entire video and/or audio, promotional materials and/or data sets on the OCA Page for your commercial and non-commercial purposes either independently or when cooperating with other parties. TELKOM may take legal action deemed necessary and based on applicable laws and regulations if in the future it is proven that there is a violation of intellectual property rights by You.

L. TAX

You understand and agree that all types of Taxes related to and applicable to the purchase of OCA services will be carried out, reported and taken care of independently by You based on the relevant tax laws and regulations applicable to Users in the jurisdiction of the Republic of Indonesia.

M. FORCE MAJURE

1. Force Majeure in this Agreement is a situation that occurs beyond the power of one of the Parties and cannot be predicted in advance, which results in the Party in question being unable to fulfill its obligation stipulated in the Agreement, namely:
   1. natural disasters, namely major earthquakes, continuous heavy rain for more than 10 (ten) calendar days and other natural disasters;
   2. Non-natural disasters are epidemics and disease outbreaks;
   3. social conflicts between groups or between communities, general strikes, riots, wars, sabotage, and rebellions; and/or
   4. The emergence of laws and regulations that cause one Party or the Parties to be unable to carry out their obligations under this Agreement.
2. TELKOM may notify the Force Majeure immediately through the OCA Page or other available OCA communication channels. In the event that you are affected by Force Majeure, You must immediately notify TELKOM no later than 14 (fourteen) Calendar Days since the Force Majeure event, accompanied by an official certificate from the local authorized agency.
3. Upon notification of such Force Majeure, the Parties shall renegotiate and seek a resolution to address the consequences of such Force Majeure, mutually agreed by the Parties.
4. All losses suffered by either Party as a result of Force Majeure is not the responsibility of the other Party.
5. Either Party may terminate or terminate this Agreement if a Force Majeure event occurs and the Force Majeure event and the consequences of the event last for more than 3 (three) consecutive months.

N. TRANSFER TO A THIRD PARTY

TELKOM may assign these Terms and Conditions and all of its obligations and rights in the provision of the OCA services, in whole or in part, with or without prior notice to You. You may not assign these Terms and Condition, in whole or in part, or transfer or sublicense Your rights under these Terms and Conditions to any Third Party, unless You have previously agreed in writing with TELKOM

O. APPLICABILITY

1. These Terms and Conditions constitute the entire agreement between You and TELKOM regarding the use of the OCA services. Any exception and/or waiver of one or more of these Terms and Conditions and/or other provisions, will be effective if made in writing, which TELKOM will inform you through the OCA Page or TELKOM’s available communication channels.
2. However, please note that other aspects of Your use of the OCA services will be further governed by an Agreement (for purchases of services outside of the OCA Page/OCA Digital Touch Points (DTPs), which is inseparable and complementary to these Terms and Conditions. This includes, but is not limited to the Rights and Obligations of the Parties, Subscription Fees, and other Terms of Service.

P. APPLICABLE LAW AND LANGUAGE

1. You understand and agree that these Terms and Conditions and any contractual obligations arising from them shall be governed and construed under the jurisdiction of the laws of the Republic of Indonesia without regard to its conflict of law rules. You understand and agree that all transactions and correspondence between TELKOM and You will be conducted in the Indonesian language.
2. If in the future there is a dispute in connection with these Terms and Conditions, TELKOM and the User agree to resolve all forms of disputes through the Indonesian National Arbitration Board (BANI) located in Jakarta at Wahana Graha 1st and 2nd Floor Jalan Mangga Prapatan No. 2 Jakarta, 12760, in accordance with BANI Regulations. The number of arbitrators shall be 3 (three), and any award shall be final and binding upon the Parties. The language to be used in the arbitration process is Indonesian.
3. In the event that You and TELKOM are in the process of resolving a dispute as referred to in point 2 (two), each Party shall continue to carry out its obligations under these Terms and Conditions, unless otherwise agreed by the Parties.

Q. SEPARATENESS

If in these Terms and Conditions there are parts/clauses that are declared invalid, legally defective, unenforceable based on a court decision with permanent legal force and/or related laws and regulations, these provisions are deemed deleted from these Terms and Conditions, while the other parts of these Terms and Conditions will remain in full force and effect in accordance with the provisions therein.

R. CHANGE/RENEWAL

1. You understand and agree that TELKOM reserves the right to update these Terms and Conditions from time to time without prior notice to You. You are advised to carefully read this Terms and Conditions page from time to time to be aware of any updates, so that by continuing to access and use the OCA service, You are deemed to agree to any updates to these Terms and Conditions. If you do not agree, disagree, object to, and/or reject these updates, you may immediately cease using and deactivate your account. If you do not take such action, you will be deemed to have agreed to and accepted all updates to the Terms and Conditions. Any use of the OCA Service after the updates are displayed on the OCA Page will be considered as your acceptance and binding commitment to the updated Terms and Conditions that are in effect at that time.
2. You and TELKOM hereby agree to waive Article 1266 paragraphs (2) and (3) of the Indonesian Civil Code, to the extent that a court decision is required to terminate the validity of these Terms and Conditions.

S. LANGUAGE

If these Terms and Conditions are made in both Bahasa Indonesia and English then the English version shall only apply as a translation of the Bahasa Indonesia version to facilitate the understanding of these Terms and Conditions for any party requiring it. If there is any discrepancy between the two versions then the Bahasa Indonesia version shall prevail and the English version shall be deemed to have been adjusted to the Bahasa Indonesia version automatically.

T. OTHER PROVISIONS

1. TELKOM reserves the right to change the name of OCA Services including but not limited to OCA Products, OCA Page, either the brand name, Platform, and/or the services and/or products therein. TELKOM will notify you of such information to You.
2. All matters that have not been and/or are not specifically regulated in the OCA services including OCA Products will fully refer to the general Terms and Conditions of the OCA services.
3. By agreeing to these Terms and Conditions, You are deemed to be subject to the OCA Services Privacy Policy.
4. In the event that these Terms and Conditions are made and signed in hardcopy, then these Terms and Conditions can be made and signed in several copies which, in that case, each copy is considered an original copy and the provisions in each copy are binding on the Parties with the same legal force as long as all copies have entirely the same content.

U. CONTACT SUPPORT

If You have any questions regarding OCA services or these Terms and Conditions, please contact OCA Customer Service by visiting the ‘About Us’ section of TELKOM’s website or by contacting OCA Admin (+62 8111 0691 011) on the available channels.