Introduction

These terms and conditions (the “Terms”) of Transform for Action Platform (the “Transform Platform”), accessible at https://transform-platform.org/ (the “Website”), expressly declare and outline the rules and regulations for the use of Website (the “Website” or “We’ or ‘Us’ or ‘Ours’). The Terms are conditions precedent for the use of the Website. By accessing/using/recommending/signing up/referring to someone/opening a link to the Website, we assume you accept these terms and conditions, and you declare that you expressly accept the Terms of the Website without any force and coercion. You are hereby warned and made clear without any kind of ambiguity that if you do not accept these Terms you may not proceed further. You are also being made aware that if you sign up/move forward/access/recommend to someone without accepting the Terms, you shall keep Website, its owners/affiliates/employees and all person affiliated with Website, harmless and you waive off all your rights to sue the Website its owners and all affiliates. Do not continue to use Website if you do not agree to take/accept all of the terms and conditions stated on this page. You accept the Terms by remaining on the Website.

About the Website

Welcome to the Transform Platform owned by PT Inovasi Digital Untuk Transformasi, a privately-held tech solution company. The Transform Platform is a commodity trade data platform designed to enable Business-to-Business verification of No Deforestation, Peat Clearing and Exploitation (the “NDPE”) compliance via a suite of digital solutions. The Transform Platform will house and visualize our integrated datasets and sustainability insights that can be utilized by you/businesses and corporate clients in addressing the gaps in the implementation of their sustainability and NDPE commitments (the “Services”).

Our mission objective is to contribute to the development of fair and sustainable trade through technological innovations. The main pillars of our approach are Traceability, Innovation, Transparency, Accountability, Responsibility and Creativity. Our journey began as a branch office established in Indonesia by a prominent NGO based in Europe. From the onset, we have always strived to distinguish ourselves from other civil-society organizations by encouraging sector-wide sustainable transformation through timely, accurate and actionable information and solution-based approach. Our footprint and network eventually grew to encompass most major industry players in the palm oil sector, from smallholders, growers, millers, traders-refiners, mid-stream processors, consumer goods manufacturers, downstream users and government authorities, Some of our approaches, such as near-real time monitoring of supplier non-compliance and smallholder projects in Aceh Singkil and Ketapang eventually became known as the leading examples to be emulated in the palm oil sustainability discourse. In the beginning of 2020, a strategic decision was made to establish an independent spin-off in Indonesia. Henceforth, the Earthqualizer Foundation was created and took over the European NGOs activities in Indonesia. The decision enables both organizations to better allocate resources in combating deforestation in Asia and beyond. In particular, the change allowed the Foundation to expand its footprint on the ground in the key landscapes in Indonesia and Malaysia. In 2022, another strategic decision was made to separate the Foundation’s consultancy work from other functions, resulting in the creation of PT Inovasi Digital Untuk Transformasi.

We reserve the right to review and change any of the Terms by updating this page at its sole discretion. When we update the Terms, it will use reasonable endeavors to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

Registration to use the Services

You can use the Service by registering/signing up on the Website. In order to access the Services, you must first have an account, and for having an account you need to register yourself. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:

• Company Name
• Email
• City/Country (Location)
• Company’s Address
• Industry
• Phone Number
• User’s name
• User’s email

You warrant that any information you give to the Website in the course of completing the registration process will always be accurate, correct, and up to date.

Once you have completed the registration process, you will be registered on the Website and agree to be bound by the Terms. As a user, you will be granted access to the Services from the time you have completed the registration process and paid the fee/charges for the Services.

You may not use the Services and may not accept the Terms if:

• you are not of legal age to form a binding contract with Us i.e. under article 330 of the Civil Code of Indonesia or legal age defined in your country as the age of majority to act without the permission your legal guardian; or
• you are a person barred from receiving the Services under the laws of your country.

Your obligations

• As a user, you agree to comply with the following:
  • you will use the Services only for purposes that are permitted by:
    • the Terms; and
    • any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
• you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
• any use of your registration information by any other  person, or  third parties, is strictly prohibited. You agree to  immediately notify Us of any unauthorized use of your password or email address or  any breach of security of which you have become aware;
• access and use of the Website is limited, non-transferable, and allows for the sole use of the Website by you for the purposes of Us providing the Services;
• You declare that anything that is against the law is not permissible and make yourself bound by your act, and make yourself responsible for the outcomes of the acts that are against the law.
• you acknowledge and agree that any automated use of the Website or its Services is prohibited.
• You shall not allow another person to use your personally identifiable data, and in case of any disclosure or unforeseen circumstance contingent to your sharing of info, the responsibility cannot be put in Us.

Payment

• Where the option is given to you, you may make payment of the Registration/Subscription and Services Fee by way of: Bank transfer. You acknowledge and agree that where a request for the payment of the Registration and Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.
• You agree and acknowledge that We can vary the Services fee at any time and that the varied Services fee will come into effect following the conclusion of the existing Registration and Services period.

Copyright and Intellectual Property

• The Website, the Services and all of the related Services are subject to copyright. The material on the Website is protected by copyright laws and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes and are reserved by Us or its contributors.
• All trademarks, service marks and trade names are owned, registered and/or licensed by Us, who grants to you a worldwide, non-exclusive, royalty- free, revocable license whilst you are registered to:
  • use the Website pursuant to the Terms;
  • copy and store the Website and the material contained in the Website in your device’s cache memory; and
  • print pages from the Website for your own personal and non-commercial use.

We do not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Us.

• We retain all rights, title, and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
  • business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or
  • a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
  • A thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

• You may not in any manner whatsoever download datasets, distribution/sharing of insights in the Platform for any purposes except for the agreed terms & conditions (support sustainability transformation & commitment implementation.
• You may not, without the prior written permission and the permission of any other relevant rights owners: broadcast, republish, Sell, rent or sub-license, reproduce, duplicate or copy, redistribute content, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. We also reserve the right to amend these Terms and Conditions and it’s linking policies at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Confidential Information

You hereby declare that any confidential information related to anyone that is acquired during the course of the use of this Website, shall be kept to yourself and shall not be made public in any manner. Any claim arising out the dispute regarding the confidential information shall be the responsibility of the users and the Website and We shall be placed unharmed and no action can be taken against us.

Privacy

Transform Platform’s applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Transform Platform’s Privacy Policy, (enter the link to the Privacy Policy). Additionally, by using the Site, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Content Liability

We shall not in any manner whatsoever shall be held responsible for any content on the Website that seems offensive to you. We shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the services, even if We have been advised of the possibility of such damages. We/Website shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the services or your inability to access or use the services; or (ii) any transaction or relationship between you and any third party provider, even if We have been advised of the possibility of such damages. We/Website shall not be liable for delay or failure in performance resulting from causes beyond Our reasonable control. You acknowledge that third party transportation providers providing transportation services requested through some request brands may offer ridesharing or peer-to-peer transportation services and may not be professionally licensed or permitted.

General Disclaimer

• Subject to this clause, and to the extent permitted by law:
  • all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
  • We will not be liable for any special, indirect or  consequential loss or damage (unless such loss or  damage  is  reasonably  foreseeable resulting from our failure to meet Consumer Guarantee), loss  of profit or opportunity, or damage to goodwill  arising  out  of  or  in connection with the Services or these Terms (including as a result of not  being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity,  pursuant to statute or otherwise.
• All the information/links/profiles/pictures/information on the Website is published in good faith and for your easement without providing any fundamental right of access. Any action you take upon the information you find on this Website, is strictly at your own risk, We shall not be liable for any losses and/or damages in connection with the Website or its affiliates, employees, agents, contributors and licensors.

Limitation of liability

• Our total liability arising out of or in  connection  with  the  Services  or these Terms, however  arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
• You expressly understand and agree that We, Our affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

Termination of Contract

• The Terms will continue to apply until terminated by either you or by Us as set out below.
• If you want to terminate the Services, you may do so by:
  • not renewing the Subscription prior to the end of the subscription period;
  • providing Us with 14 days’ notice of your intention to terminate; and
  • closing your accounts for all of the services which you use, where We have made this option available to you.

Your notice should be sent, in writing, to Us via the at support@transform-platform.org

• We may at any time, terminate the Terms with you if:
  • you do not make the required payments;
  • you have breached any provision of the Terms or intend to breach any provision;
  • We are required to do so by law;
  • the provision of the Services to you by Us is in our opinion, no longer commercially viable.
• Subject to local laws, We reserves the right to discontinue or cancel your subscription at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Our name or reputation or violates the rights of those of another party.

Dispute Resolution

(a)          Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

(b)          Notice:

A party to the Terms claiming a dispute (the ‘Dispute ‘) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

(c)          Resolution:

On receipt of that notice (the ‘Notice‘) by that other party, the parties to the Terms (‘Parties ‘) must:

• Within 30 days of the Notice endeavor in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
• If for any reason whatsoever, 28 days after the date of the Notice, the  Dispute has not been resolved, the Parties must  either  agree  upon selection of a mediator or  request that an appropriate mediator be  appointed by mutual consultation;
• The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties  must  each  pay their own costs associated with the mediation;
• The mediation will be held at a place suitable for both parties.

(d)          Confidential:

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

(e)          Termination of Mediation:

If 30 have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

Governing Law

The Terms are governed by the laws of Indonesia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Indonesia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

Contact us

In case you have any kind of query or question regarding the Terms and Conditions you may contact us at:

Through post:

Jalan Tangkuban Perahu No.8, Babakan,

Kecamatan Bogor Tengah, Kota Bogor,

Jawa Barat, Indonesia 16128

By Telephone

(0251) 8371219

+62 811 114 1219 (Whatsapp Only)

By email

support@transform-platform.org