Terms & Conditions

I.  TERMS OF SITE USE

PREFACE

Welcome to the site of Fractiown, www.fractiown.com or fractiown.com (hereinafter referred to as “Site”).

All parties who access, use, and/or browse this Site, whether as a registered user or an unregistered user in this Site (hereinafter referred to as “User”) must read all Terms and Conditions stated in this Site.

Therefore, by accessing, registering, using and/or browsing this Site, the User automatically accepts, understands, and agrees to enter into, comply, and follow all contents in the Terms and Conditions as stated in this Site.

The use of this Site and Services provided by Fractiown by User requires the same acceptance by the User. If the User does not accept and/or agree with the Terms and Conditions as determined in this Site, the User must stop accessing and using this Site immediately.

The User is urged not to approach or use the services of unauthorised persons, entities and touts.The User is prohibited from revealing any information regarding receipt of payment receipts, identity documents, and information contained in the Site and other details regarding information and/or matters related to the Site (directly and/or indirectly) including third party information in this Site. The User alone shall be responsible for any resultant consequences and may also become liable for appropriate prosecutions and liabilities related to use of unauthorized services and disclosure of the information mentioned above.

A.  GENERAL

This Site is operated by PT Fractiown Online Services, a limited liability company established under the laws of Republic of Indonesia which conduct portal web business activities, connecting people who conducts Property marketing, selling, purchasing, and management activities in Indonesia (hereinafter referred to as “Fractiown”).

Fractiown is entitled to request documents, data, and information from the User to verify User registration applications and with its own policy determines based on the said information. Acceptance or rejection of User as registered user is the sole decision of Fractiown. Therefore, based on Fractiown’s own judgment, Fractiown is entitled to limit or terminate the use of Site by the User, and in regards to this matter hereby the User understands and agrees all actions conducted by Fractiown as mentioned above.

By using the Services available from domain and sub-domain of the Site, the User agrees to comply with the Terms and Conditions, including ones provided in hyperlink in the Site to sites belonging to Fractiown affiliates, partners, institutions, subsidiaries, and clients.

Before the User proceeds to use the Services provided by Fractiown, including but not limited to services provided by its affiliates, agents, subsidiaries and clients through the use of Site, User must read and accept all Terms and Conditions in this site in its entirety to utilize the services provided by Fractiown.

The User should not not use the Site if he or she cannot or are barred from entering into legally binding contracts or he or she are under the age of 18 or are temporarily or indefinitely suspended or prohibited from or accessing or using this Site or the linked sites as may be applicable.

By accepting the Terms of Use, the User agrees that the use of Site and websites related and linked to the Site will be governed by the entirety of Terms and Conditionsas posted on the Site with such changes and modifications as may be made from time to time.

B.  LINK TO OTHER SITES

This Site may contain links to other sites operated by third parties promoting various products and/or services Fractiown does not operate, including sites promoting relevant services for certain aspects of the services provided by Fractiown.

The links and the information contained thereof are not verified and/or legally warranted by Fractiown. Therefore, User shall use their own discreation while dealing with all information and contents contained in said other sites, for they are the User’s own responsibility. Furthermore, Fractiown, its employees and/or affiliates do not have any responsibility or liability of any nature for those other sites or information contained thereof.

The User hereby agrees to hold harmless Fractiown and its Board of Directors, Employees, Owners, Administrators and Moderators of any and all losses and/or damages, diretly or indirectly, and to all legal claims, assertions, and/or demands, both civil or criminal, expenses related to court process, interest payments, penalties and other expenses resulting from the access and use of the links leading to sites owned by the third party as mentioned above.

C.  PROHIBITION AGAINST UNLAWFUL USE

While accessing or using the Site, the User shall not:

  • Post any content or items in an inappropriate category or areas on the Site nor post any material in whatsoever form, on the Site for any purpose other than the normal purpose for which the Site is intended;
  • Violate any laws, third party rights, or policies of Fractiown. The User shall not hide or spoof his/her IP address or intentionally or bounce his/her communications through any intermediate computers. The User shall also not alter the logs upon gaining access;
  • Interfere with the technological operations of the Site or attempt or manipulate the content or material on the Site or of any other user or users;
  • Post false, inaccurate, misleading, defamatory, or libellous content including personal information;
  • Use any robot, spider, search engine, scraper or other means whether manual, automated, mechanical, electrical or electronics either existing or that may be invented or discovered to access the Site and/or to do any of the acts mentioned above for any purpose other than the normal purpose for which the Site is intended;
  • Take any action that imposes or may impose (in Fractiown sole discretion) an unreasonable or disproportionately large load on Fractiown’s infrastructure;
  • Interfere or attempt to interfere with the proper working of the website or any activities conducted on the Site;
  • Bypass Fractiown robot exclusion headers or other measures we may use to prevent or restrict access to the website;
  • Do or take any action that may undermine the feedback or ratings systems, such as displaying, importing or exporting feedback information of the Site or for using it for the purposes unrelated to Fractiown;
  • Access or attempt to gain root access, use any manual, mechanical, electrical or electronic means, computer programs, exploits, hacker tools, or scripts, software or hardware tools, search engines either existing or that may be invented either directly, indirectly or through any contrivance to change, modify, post, violate, misuse, abuse, erase, hack, distort, slow down, configure any system, Site, to work for them, or to cause denial of services to other users or on other computers or down the Site or its user features;
  • Send, post, plant or distribute viruses or any other technologies that may harm Fractiown or the interests or property of users;
  • Copy, modify, or distribute content from the Site and/or Fractiown’s copyrights and trademarks or other intellectual property;
  • Harvest or otherwise collect information about other users, their details, or any information relating to any other user’s passport details, email addresses, etc.

 

In case of any unlawful, illegal or prohibited use, the user shall be liable for action under prevailing Indonesian laws and regulation as amended from time to time.

D.  LIMITATION OF USE

Without limiting other remedies,  Fractiown may at its sole discretion  limit, suspend, terminate temporarily or permanently, disable or prevent User from accessing/making use of its services, prohibit access to the Site, remove hosted content, and take technical and legal steps to keep the User off the website if Fractiown thinks that the User is or is attempting to resort to abnormal usage or abuse, creating problems, potential or otherwise or possible legal liabilities, or is not acting consistently with the normal usage, which may potentially cause loss and/or damages to Fractiown or other Users.

E.  INDEMNITY

The User acknowledges that a violation or any attempt thereof for any of the Terms and Conditions of this site, and any of Fractiown policies and/or any use thatcauses irreparable damage to the Site and/or Fractiown, is the material, immaterial, and moral responsibility and liability of User. Therefore, the User agrees that Fractiown shall be entitled to obtain an injunctive relief from the User prior to any legal process or a legally binding court order.

The injunctive relief as mentioned above is for any loss and/or damages suffered by Fractiown, its employees, partners and affiliates, directly or indirectly as mentioned above and in this Site.

Fractiown shall be entitled to recover from the User all costs and expenses incurred by Fractiown in obtaining the injunction, including attorney’s fees.

The User is liable for damages of any kind, including without limitation, direct or indirect, incidental or consequential damages (including, but not limited to, damages for lost profits, business interruption and loss of programs or information) arising out of the User’s use of or inability to use Site, or in the event Fractiown is unable to conduct its business and operational activities.

F.  LAW AND FORUM FOR DISPUTES

Terms and Conditions, policies and terms of service use governed in the Site shall be governed in all respects by the prevailing laws and regulations of Republic of Indonesia. The User accessing and using this Site hereby agrees to submit and bound themselves to the legal jurisdiction of  Republic of Indonesia.

If any provision of the Terms and Conditions is held to be invalid or unenforceable, such provision shall be severed and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section. Fractiown’s failure to act with respect to a breach by a user or users or others does not waive its rights to act with respect to any breach, subsequent or similar breaches. Fractiown reserves the right to take action under its sole discretion.

G.  CHANGES AND RENEWAL OF TERMS AND CONDITIONS

Fractiown may at any time change, modify, renew, add or delete parts of the Terms and Conditions of this Site. The User is bound by all changes and renewal as mentioned above, and therefore must periodically check this page to verify the Terms and Conditions applying to the User.

 

II. TERMS OF SERVICE

Fractiown provides access to the User to this Site and the facilities and services offered by this Site (hereinafter referred to as “Service”). Access and terms of use of the Site are governed under this Terms and Conditions, and other pages in the Site and Fractiown own policies.

The User agrees that Fractiown is entitled to the exclusive right to modify, adjust, or take down its Site and Service, delete the User data temporarily or permanently without prior notice, and Fractiown has no obligation to the User regarding the actions mentioned above. Fractiown is not responsible and/or cannot be hold responsible of deletion of data, inaccuracy of data, or any error in data or information delivery.

The User agrees that Fractiown is not responsible of the content provided by the User on his/her own or other user of this Site. Fractiown has no obligation to verify the content mentioned above, however Fractiown is entitled to reject to display or edit the content submitted/uploaded by the User.

A.  USER REGISTRATION

To use and utilize the full Site and Service, including to utilize several features available on the Site, the User is required to register to be qualified as a registered user. Therefore, the User must comply with the Terms and Conditions which are stated in this Site, and other matters requested by Fractiown regarding the use of the Site and Service.

The User must ensure that all data and/or information submitted and/or uploaded to the Site/Fractiown is lawfully timely and accurate data and information. Therefore, inaccuracy in data and information submission by User is qualified as crime and may be requested compensation by the injured party, including but not limited to Fractiown and other User of the site.

B.  REGISTERED USER OBLIGATION

The Site User that has registered and qualified as a registered user on the Site, must secure his/her personal data and/or information to avoid any form of crime or criminal offense including but not limited to theft, forgery and any kind of misuse of information by unauthorized party and/or person.

The User as mentioned above, whether he/she is a Property Seller, Property Agent, and/or Property Buyer hereby states that the User has fully known, understood and agreed to hold Fractiown together with its Board of Directors, Board of Commissioners, employees, owners, administrators and moderators harmless from all material or imaterial responsibility and liability, whether resulting by law or private or criminal claim in accordance to the prevailing laws and regulations in Republic of Indonesia due the following situations, including but not limited to:

  1. Loss and/or forgery and/or misuse of personal information and data of Registered User.
  2. Loss of income and/or earnings and revenue and/or business profit which has been expected.
  3. Fraud and embezzlement and/or other violation of law which are prohibited in accordance to the prevailing laws and regulations in Republic of Indonesia.

 
Therefore, Fractiown must be hold harmless against any claim, assertion, demand of any and all compensation arising due to all statements, errors, inaccuracy of data or information in all contents, advertisements, and descriptions given by the User who has used and accessed this Site.

The User accessing and using the Site is prohibited from conducting the following actions:

  1. Conduct defamation in regards to the good name of another party or person, threaten, intimidate, harass, slander, vilify, deceive, conduct fraudulent actions, and/or antagonize another person, group, or party;
  2. Post and/or issue a statement that offends SARA (Suku, Agama, Ras and Antar Golongan).
  3. Violate the norms of decency, publish or post inappropriate and/or pornographic content;
  4. Post or publish content and/or advertisment that violates intellectual property (including but not limited to copyright, trademarks, patent or any other intellectual property) belonging to another person and/or party;
  5. Advise other person and/or party to violate the prevailing laws and regulations;
  6. Spread virus or other computer codes, files, or programs that can disrupt, damage or limit the computer software, hardware, and/or other communication device functions, or allow illegal computer or computer network;
  7. Voluntarily and/or involuntarily violate the prevailing laws and regulations in the Republic of Indonesia;

 

Voluntarily and/or involuntarily violate the Terms and  Conditions, instructions, guidelines or any other policies stated on the Site.

C.  NOTIFICATION

By registering as a registered User within this Site, the User hereby acknowledges and agrees that all forms of notifications, confirmations, and correspondence between Fractiown and the registered User is informed to the User through the contact detail uploaded by the User when he/she is registering within this Site, including but not limited to phone number, handphone number, fax number, and email address.

The User is obliged to update his/her contact details as necessary. Fractiown must be hold harmless must be hold harmless against any claim, assertion, demand of any and all compensation for all damages and/all losses caused by the inaccuracy of the contact details uploaded by the User.

 

III.  SELLER AGREEMENT

A.  GENERAL

The Seller is the User that has conducted registration to use the Site, including to upload data and information and to publish advertisement of its marketed property by following the procedures, guidelines, policies, and Terms and Conditions of the Site Use (hereinafter referred to as the “Seller”).

The Seller hereby agrees that the property is any land and building including its sucessions including the rights inherent to the property whether in the form of landed house, duplex (rumah kantor or ruko), apartment unit, office unit, condominium, town house, villa, warehouse and any and all comercial or industrial buildings legally owned by Seller pursuant to the prevailing laws and regulations in Indonesia (hereinafter referred to as “Property”).

The Seller hereby agrees that Property advertised by the Seller on the Site can be accessed, perused, published by the share feature of Fractiown, partially booked, fully booked, and purchased by the Registered User who utilize the Site as the Buyer.

The Seller hereby agrees that the property buyer (hereinafter referred to as “Buyer”) who utilizes the Site will establish a legal entity of Limited Liability Company (Perseroan Terbatas or PT) together with other property buyers, in which the buyers will deposit their funds to the PT as paid-up capital which will be utilized to buy the Property marketed by the Seller through the Site under the name of the PT established by the property buyers.

By using this Site, the Seller and/or agent of Seller hereby agrees to comply and follow all guidelines, procedures, policies, Terms and Conditions of the use of this Site to conduct marketing, sale, and other required actions related to the transfer of Property to the property buyers.

B.  PROCEDURE OF PROPERTY LISTING

The Seller and/or agent of Seller must fill, upload, display, and submit the required data and information accurately in displaying the listing of the Property that they are marketing through this Site.

Fractiown reserves the rights to conduct verification and is also entitled to reject any Property listing uploaded to the Site without any prior approval from the Seller and/or agent of Seller. Therefore, the Seller and/or agent of Seller hereby agree of all actions conducted by Fractiown related to the verification of Property, including waiving any rights of Seller and/or agent of Seller of Fractiown obligation to inform them of the verification results nor Fractiown reasoning on not displaying the Property within the Site.

For each Property successfully sold through Fractiown and/or the Site, the Seller agrees to pay Success Fee to Fractiown in the amount pursuant to the provisions within this  Seller Agreement and/or pursuant to the Cooperation Agreement between Fractiown and Seller. Fractiown has no obligation to, but can give commissions to the agent of Seller in the event the Property has been sold, and regarding the delivery of commission will be agreed further within a separate agreement between Fractiown and agent of Seller and/or Seller.

C.  LISTING PERIOD

The Seller has the rights to choose the Property listing period (hereinafter referred to as “Listing Period”) on the Site, which comprises of:

  1. 30 (thirty) calendar days Listing Period, with option of 2 (two) times extensions of Listing Period;
  1. 45 (forty five) calendar days Listing Period, with option of 1 (one) time extension of Listing Period; or
  1. 60 (sixty) calendar days Listing Period.

 
The Seller and/or agent of Seller hereby agrees and acknowledges that the extension of Listing Period is valid for 15 (fifteen) calendar days for 1 (one) time extension. Listing period of the Property on the Site starts since the delivery of notification email from Fractiown regarding the approval of Property listing uploaded by Seller and/or agent of Seller.

In the event that the Listing Period of the Property has reached 60 (sixty) calendar days and the Property has not been fully booked, the listing will automatically goes off the Site. Therefore, Seller and/or agent of Seller must then re-upload the Property listing to the site, and such Property listing as mentioned above will be deemed as a new Property listing.

SALE OF PROPERTY OUTSIDE THE FRACTIOWN SITE WHILE PROPERTY LISTING PERIOD IS STILL ACTIVE

The Seller hereby agrees and acknowledges that in the event the Seller and/or agent of Seller sold the Property to other parties without using the Fractiown Site, while the Property Listing Period is still active:

  1. The Seller must directly inform Fractiown of such sale of Property and submit the cancellation application for the Property listing that has been uploaded by the Seller and/or agent of Seller within Fractiown Site.
  1. In the event that the Property listing cancelled by Seller has not been booked by Buyer through Fractiown Site, Fractiown will close the Property listing on the Site.
  1. In the event that the Property listing cancelled by Seller has been booked by Buyer through Fractiown Site, the Seller has the obligation to pay 2 (two) times of the booking fee that has been paid by the Buyer for the Property to Fractiown, for Fractiown to distribute the payment to the Buyer and Fractiown based on Fractiown policy.

 

Payment as mentioned above must be completed by Seller within the period of 24 (twenty four) hours starting from when Fractiown receives the notification from Seller regarding the sale of Property and the Property listing cancellation application.

D.  PROPERTY PRICE

The Seller and/or agent of Seller must fill all components of Property price as requested in uploading a Property Listing on the Site. Property price mentioned above is the nett Property price, in which the price components such as taxes, agent commission from the Seller if any, and success fee for Fractiown will be automatically calculated and filled by the features provided within the Site (hereinafter referred to as “Property  Price”).

The total components of Property Price displayed to the User may include but is not limited to:

  1. Property Price
  2. Fractiown success fee
  3. Seller agent commission (if any)
  4. Property Certificate Separation Fee
  5. Change of Property Owner Name Fee
  6. Notary Fee for PPJB and AJB
  7. IMB Fee
  8. Taxes (PBB, BPHTB, PPh, PPN, Pajak Penjualan Barang Mewah)

 
The Seller must accurately inform the terms and conditions for booking and payment of Propertiapplying for each Property listing uploaded by the Seller on the Site.

Seller and/or agent of Seller agrees to waive their rights to submit all claims, lawsuits, and requests for compensations to to Fractiown for any and all insufficient payments, late payments, and all material and/or imaterial loss and/or damages suffered by the Seller, including Fractiown responsibility to the Buyer and any other parties resulting from error, mistakes, negligence, and/or inaccuracy of the Seller in filling, uploading and submitting information regarding the Property Price and Property booking commitment for all Property marketed by the Seller through the Site.

In the event that Fractiown finds any inaccuracy by the Seller and/or agent of Seller in filling, uploading, and submitting information regarding each Property marketed by the Seller through the Site, such matter becomes the liability of the Seller and/or agent of Seller, and Seller and/or agent of Seller must pay a penalty of 2 (two) times of booking fee that has been paid for the Property, to be received by Fractiown and Buyer.

FRACTIOWN SUCCESS FEE

Seller and/or agent of Seller acknowledges and agrees that the Fractiown success fee by default is 5% (five percent) of the Property Price, unless agreed otherwise between Fractiown and Seller within a separate agreement from this Seller Agreement.

In the event that Fractiown and Seller has reached a mutual agreement in a separate agreement from the Seller Agreement displayed within the Site, then the success fee paid to Fractiown may accomodate commission for agents of Seller who have been registered to Fractiown as agent of Seller eligible for commission.

E.  PROPERTY PHOTOS

The Seller must upload property photos in accordance to the standard of quality, procedures, guidelines, and terms and conditions in using the Site and uploading a Property listing.

Standard of quality for Property photos in the Site are as follows:

  1. Property Photo that can be uploaded on the Site must be in .JPEG or .PNG format.
  1. Maximum amount of photos that can be uploaded is 40 (forty) photos
  1. Minimum amount of photos that can be uploaded is 10 (ten) photos, that must display the aspects of Property as follows:
    1. Front Exterior of the Property (Building Exterior which shows the Name and Identity of the Building if the property is in the form of Apartment, Penthouse, Condominium, or Condotel)
    2. Property Entrance which shows the Address of Property
    3. Property Interior
    4. Property Outdoor Area
    5. Property facilities available for the User outside the Property area
  1. Maximum size of uploaded photo is 5 MB per photo;
  1. Minimum size of uploaded photos is 2 MB per photo;
  1. Photos will display the Property in real time, not in the form of Property previews or mock-ups that will be build or finished in the future;
  1. The Seller must upload the blueprint of the Property.

 
The Seller and/or agent of Seller is prohibited from uploading content which are inappropriate, vulgar, violates the norms of order and decency, contains explicit or implicit pornographic content, and other prohibited contents to be uploaded as stated in the Terms and Conditions of the Site when uploading Property photos.

F.  PROPERTY DETAIL

The Seller and/or agent of Seller must fill and upload all datas and information which constitutes as details of the Property being marketed on the Site and through the Site by them accurately.

Property Detail that must be filled and completed by the Seller in listing a Property to be displayed on the Site are as follows:

  1. Property Type
  2. Property Address and Location
  3. Property Area (Land and Building)
  4. Property Price
  5. Property Specification, including but not limited to:
    1. Amount of Bedrooms and Bathrooms
    2. Provided facilities inside or outside the Property
    3. Electrical, Phone and Internet Specification
  6. Property Status
  7. Access to Property

 

G.  PROPERTY VERIFICATION BY FRACTIOWN

Fractiown is entitled by its own policy to conduct verification on Seller Property to be displayed on the Site.

The Seller hereby agrees that Fractiown is entitled to approve or refuse to display the Property listing uploaded by the Seller within the Site.

The Seller hereby agrees that Fractiown is entitled to at any time take down the Property listing that were previously displayed on the Site if incorrect and improper data and information is found.

All verification activities conducted by Fractiown cannot be considered and/or deemed as an approval and/or audit results. Therefore, Seller, agent of Seller, and/or Buyer agrees to release fully Fractiown of all responsibilities, including to fully waive all of Seller, agent of Seller, and/or Buyer legal rights to submit a claim, lawsuit, request for compensation and/or any other legal actions, public and private to Fractiown.

H.  PROPERTY SALE PROCEDURE

The Seller hereby acknowledges and agrees that by using the Site, the Seller must follow the terms and conditions, guidelines and procedure of Property sale determined by Fractiown as follows

  1. Property listing displayed within the Site is marketed to Property buyer who will buy the Property together with other property buyers who are Site Users by establishing a PT and buy the Property as an asset of the PT.
  1. If through the Site the booking commitment has fully funded the Property value, then Fractiown will close the Property listing so that the sale procedure of the Property can begin.
  1. After the Property listing is closed, the property buyers through Fractiown as their representative will contact Seller to conduct verification of Property legal documents.
  1. If based on the verification of Property legal documents, property buyers agree to purchase the Property, then the property buyer will confirm to book the Property through Fractiown and establish the PT to buy such Property as an asset of PT.
  1. The Seller is prohibited to cancel and/or stop the transaction under its own initiative without prior approval from Fractiown and/or Property buyers. The Seller agrees that in the event the Seller violates this provision, the Seller must pay 2 (two) time of booking fee for the Property to Fractiown and Property buyers, and the Seller must refund other fees that have been paid by the Property buyers, including transfer fees, and Property price that has been paid to the Seller.

 

IV. BUYER AGREEMENT

A.  GENERAL

The Buyer is the User that has conducted registration to use the Site, including to upload, access, apply for a booking commitment, and conduct purchase and management of Property displayed on the Site for themselves or together with other Buyers in compliance with procedure, guidelines or Terms and  Conditions for the use of the Site (hereinafter referred to as “Buyer”).

The Seller hereby agrees that the property is any land and building including its sucessions including the rights inherent to the property whether in the form of landed house, duplex (rumah kantor or ruko), apartment unit, office unit, condominium, town house, villa, warehouse and any and all comercial or industrial buildings legally owned by property seller pursuant to the prevailing laws and regulations in Indonesia (hereinafter referred to as “Property”).

The Buyer hereby agrees that by using the Site, the Buyer will conduct the purchase of Property together with other Buyers which will be conducted by establishing a limited liability company (Perseroan Terbatas or hereinafter referred to as “PT”), in which the Property Buyer will deposit their funds to the PT as paid-up capital, which will be used to purchase Property marketed by the seller and/or agent of Property seller through the Site as an asset of the PT  established by Property Buyer.

By using this Site, the Buyer hereby agrees to comply with all procedures, guidelines, policies, Terms and Conditions for Site use to conduct booking, transfer, deposit and other actions related to the purchase and management of the Property.

The Buyer agrees to submit data and information of KTP, NPWP, and bank account number in the name of the Buyer for Buyer data verification purposes by Fractiown so that Fractiown can grant access to Buyer to conduct booking commitment and Property purchase through Fractiown Site.

The Buyer hereby agrees that the Buyer is fully responsible of all mistakes, errors, and/or inaccuracy of parts and/or the entire data and information submitted by the Buyer, including but not limited to marital status and ownership of joint assets of Buyer and or Buyer spouse if any, and therefore the Buyer fully releases and hold harmless Fractiown of all losses suffered by the Buyer caused by this matter.

B.  PROPERTY BOOKING

The Buyer must transfer the payment of booking fee in amount of 10% (ten percent) of the total Property booked (hereinafter referred to as “Booking Fee”) at the latest within the time period of 24 (twenty four) hours after Fractiown sends the notification email to the Buyer regarding the Property booking and the implementation of Booking Fee payment.

The Buyer must send the payment receipt as the booking confirmation to Fractiown (failure of the delivery of the Booking Fee payment receipt can result in the loss of the Buyer’s rights to book the Property.

Furthermore, if the Property has been 100% fully booked, then the Buyer must fully pay the rest of the price to Fractiown within 5 (five) work days effective from the date of Fractiown notification email to the Buyer which states that the Property has been 100% fully booked through the Fractiown Site, and send the payment receipt as the full payment confirmation to Fractiown.

The Buyer hereby agrees to give authorization and rights to Fractiown to receive and manage the payment paid by the Buyer for the booking and/or payment of Property through the services provided by Fractiown, and acknowledges that Fractiown has no obligation to respond to all Buyer complaints of management of payment paid by Buyer after the transfer has been conducted.

The Buyer agrees that the Buyer is fully responsible for all transfer fees.

AUTOMATIC BOOKING CANCELLATION

The Buyer acknowledges and agrees that Property booking by Buyer through Fractiown Site is automatically cancelled if:

  1. Fractiown does not receive the 10% (ten percent) Booking Fee of total Property booked by Buyer within 24 (twenty four) hours, effective fromwhen Fractiown sends the notification email regarding the Property booking and the implementation of Booking Fee payment to the Buyer; or
  1. Fractiown does not receive the full payment of total Property booked by the Buyer within 5 (five) work days, effective from when Fractiown sends the notification email to the Buyer.

 
In the event that the Buyer booking is cancelled, then the Buyer loses his/her rights of the parts of the Property she/he has booked, and Fractiown reserves the rights to open the listing and look for other buyers who intend to book the Property through the Fractiown Site. For the Booking Fee of the Buyers who cancelled will be refunded pursuant to the procedures within this agreement.

C.  REFUND OF PROPERTY BOOKING COMMITMENT

Fractiown will return to the Buyer who has cancelled his/her purchase of Property and/or had his/her booking of Property automatically cancelled at maximum 50% (fifty percent) from the Booking Fee that has been paid by such Buyer, after the deduction of the administration fees and taxes by Fractiown (hereinafter referred to as “Refund”). Therefore, the Buyer hereby agrees and gives the rights to Fractiown to directly deduct the fees as mentioned above.

The Buyer hereby fully releases and shall hold Fractiown harmless of all material and/or immaterial damages resulting from the cancellation of the Property booking, including that the Buyer waives his/her rights to indict whether in private or public court regarding the direct deduction conducted by Fractiown as mentioned above.

BOOKING FEE REFUND FOR NON-FULLY BOOKED PROPERTY

In the event that the listing period of a Property within the Site that has been booked by the Buyer ends, and the Property has not been fully booked, then the Buyer is entitled to receive 100% (one hundred percent) Refund of Booking Fee that has been paid, after the deduction of the administration fees and taxes by Fractiown. Fractiown will contact the Buyer regarding the 100% Refund of Booking Fee as mentioned above.

D.  PROCEDURE TO PURCHASE PROPERTY

The Buyer hereby acknowledges and agrees that by using the Site, the Buyer agrees to cooperate with Fractiown in purchasing the Property, in which the procedure to purchase Property is as follows:

  1. The Buyer agrees to establish a Limited Liability Company (Perseroan Terbatas or “PT”) together with other Property buyers who have conducted the booking and full payment of Property through the Fractiown Site, in which the Property will be purchased on behalf of the PT established by the Buyer together with other buyers as mentioned above as the PT asset.
  1. By establishing the PT, the Buyer agrees to hold the shares as the PT Shareholder, in which the ownership of shares and the voting rights of the Buyer as the Shareholder of the PT is pursuant to the percentage of the Property Price purchased by the Buyer.
  1. The Buyer agrees to cooperate with Fractiown in conducting the transaction of Property purchase, including but not limited to signing and approving all agreements, documents, data and information required to conduct all necessary actions required to book the Property, establish the PT, and purchase of Property on behalf of the PT established by the Buyer together with other Property buyers as the asset of the PT.
  1. As long as the PT established by the Buyer together with other Property buyers has not obtained a Bank Account under the PT own name, the Buyer as the Shareholder of the PT agrees to cooperate with Fractiown, in which Fractiown is approved and authorized by the Buyer to conduct all deposit, transfer, and withdrawal of Buyer’s funds through the Fractiown bank account to conduct the booking, payment, and final payment of Property price on behalf of the PT.

 

E.  COOPERATION WITH FRACTIOWN IN PT MANAGEMENT AND PT ASSET

The Buyer hereby acknowledges and agrees that by using this Site, to cooperate with Fractiown in establishing the PT together with other Property buyers, in which the Property is purchased on behalf of such established PT as the asset of the PT.

The Buyer agrees to cooperate with Fractiown, in which Fractiown will provide its services to assist the Buyer in managing and conducting management activities of the PT, including but not limited to:

  1. Utilization of Fractiown Site to conduct communication activities with other Shareholders of the PT in regards of the activities and decisions related to the management of the PT, and the Property purchased on behalf of the PT.
  1. Appointment of Fractiown as a neutral party to act as the Board of Directors who will conduct the management activities of the PT and the asset of PT in form of the Property purchased through Fractiown Site, which will be conducted by Fractiown pursuant to the order and instruction from the Shareholders of the PT. If there is any disagreements between the Shareholders of the PT, hereby the Buyer agrees that Fractiown will execute actions related to the asset of the PT only if approved by 75% (seventy five percent) and more of the voting rights within the PT.
  1. Storage and recording of original documents of the PT and the asset of the PT by Fractiown, in which the copies of such documents will be provided to the Buyer by Fractiown.
  1. Drafting of the Certificate of Shareholders as the Buyer’s ownership certificate of the shares within the PT, in which the ownership percentage is agreed to be equal as the percentage of the Buyer’s part within the asset of the PT.
  1. Management and assistance in all decision-making activities of the Buyer together with other buyers as the Shareholders of the PT regarding the management of the PT and/or asset of the PT, including but not limited to the delivery of documents which must be signed by the Buyer as the Shareholder of the PT, such as the Shareholder Resolutions.

 
The Buyer agrees to pay the agreed Service Fee every month to Fractiown to assist PT in  management of PT and Property purchased under the name of PT.

Fractiown is entitled to terminate its services and management assistance of PT and Property purchased under the name of PT at all times, if the PT established by Buyer is used for the business activities, purposes, and functions other than to own and manage the asset of the PT in the form of Property and other matters as stated in this Agreement.
 

V.  PRIVACY POLICY

Fractiown respects your privacy. Like all other sites, we may collect certain information from you voluntarily. For more information, we request you to read on the remaining part of the Privacy Policy.

The Privacy Policy and Terms and  Conditions posted by Fractiown in its website determines the base on all private data and information given by the User to Fractiown or Fractiown collected from the User, which will be processed by Fractiown from the registration, access, and use of services provided by Fractiown.

By accessing the Fractiown site and using the services provided by Fractiown, the User expressly consents to the Privacy Policy of Fractiown.

This Privacy Policy can be changed, modified, and/or renewed at any time without prior notice. Fractiown advises for User to read thoroughly and periodically check the Privacy Policy page to keep up with all updates. By accessing the Site and using the services provided by Fractiown, the User is deemed to agree on the changes, modifications and/or renewal of the Privacy Policy.

A.  USER INFORMATION

Fractiown collects User information to process and make convenient the use of  Fractiown website. The activity is approved by the User at the time of information collection.

Fractiown collects personal information when the User registers to Fractiown, when the User proceeds to use the services provided by Fractiown, when the User browses and accesses the Fractiown Site pages and certain partners of Fractiown site pages, and when the User contacts Fractiown. Fractiown can incorporate the information about the User that we have with information we received from our business partners or other companies.

When User registers to be Fractiown registered user, then Fractiown collects the personal data of the User, including but not limited to full name, e-mail address, place and date of birth, phone number for correspondence, password and other required information. By submitting the information/data, User understands that Fractiown can request and receive all personal information of User for the use and security of this site.

Fractiown will collect and process data about User visit to Fractiown site, including but not limited to traffic data, location data, weblogs, links or other communication data , as well as the resources that the User has accessed.

At the time User contacted Fractiown, then Fractiown will keep the records of such correspondence and content of communication between the User and Fractiown.

Users acknowledges and agrees that the name of User and the city area (not the full address) the User is a general information contained in the User profile page at Fractiown.

Fractiown automatically receives and records information from the User’s computer and browser, including your IP address, cookie information Fractiown, attributes of software and hardware, as well as pages that the User request.

Any information / data submitted to Fractiown by Users and / or collected by Fractiown is protected with the best possible efforts by proven security device, which is used by Fractiown electronically. Nevertheless, Fractiown does not guarantee the confidentiality of the information that the User has submitted, in the presence of other parties who collect or use User information illegally and without Fractiown prior permission.

Confidentiality of the password or password is the sole responsibility of each User. Fractiown not responsible for the damages that can be caused due to negligence in maintaining the confidentiality of the password.

B.  PURPOSE OF COLLECTION

Fractiown can use the whole information / data users as a reference to efforts to increase the quality of Fractiown products and services.

Fractiown can use and process information / data users for the purpose of adjusting the Fractiown Site according to user interests.

Fractiown can use the whole information / data for internal needs Fractiown Users of market research, promotion of new products, special offers, or other information, which Fractiown Users can contact by email, mail, phone, fax.

Fractiown can request User complete surveys that Fractiown use for research or other purposes, though users do not have to respond.

Fractiown can contact User by email, mail, phone, fax, including, but not limited, to assist and / or complete the process of buying and selling property.

The Fractiown site has the possibility to connect with other websites outside Fractiown sites, therefore the User hereby acknowleges and understands that Fractiown is not responsible and/or liable for the confidentiality of user information after a user accesses these sites by leaving the Fractiown site.

C.  DISCLOSURE OF USER INFORMATION

Fractiown represents that there is no sale, transfer, distribution or loan of information / personal data to other third parties otherwise as stated in the Terms and Conditions on this site, without permission from the User. Except in matters as follows:

  1. If Fractiown in whole or in part its assets acquired by or merged with a third party, then the personal data held by the Fractiown will be one of the transferred assets or merged.
  1. If Fractiown is obliged to disclose and / or share Users’ personal data in an effort to comply with legal obligations and / or in an effort to enforce or apply the terms of use Fractiown as stated in the Terms and Conditions, and Terms of Services of Fractiown and / or engagement – any other arrangement between the parties Fractiown third, or to protect the rights, property, or safety of Fractiown, Fractiown Users, or others. This includes exchanging information with other companies and organizations for the purpose of protection Fractiown along Users, including but not limited to fraud, financial loss or other risk reduction.

 

D.  COOKIES

Cookies are small files that will automatically take place on the User computer device, to identify and monitor the user network connection, allowing User to access the Fractiown site optimally. Cookies are not intended to access to other information / data the User has on their computer devices, aside from what the User has agreed to be accessed.

Although the User’s computer device automatically will accept cookies, User can specify options for modification via the settings / User’s browser setting that is by choosing to reject cookies (this option can limit the optimal services at the time of access to the site Fractiown).

Fractiown is using the Google Analytics Demographics and Interest feature. The data we get from these features, such as age, gender and interests of users, will be used for website development and content Fractiown. If User do not want your data to be tracked by Google Analytics, you can use the Add-On Google Analytics Opt-Out Browser.

Fractiown is able and entitled to use the features supplied by third parties in order to improve services and content Fractiown, including adjustments are ads to each user based on their interests or visit history.

 

VI.  LEGAL POLICY

A.  LEGAL POLICY

All the contents of this website are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision.

The information from or through this website is provided on “AS IS” basis, and all warranties, expressed or implied of any kind, regarding any matter pertaining to any information including without limitation, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, etc. are disclaimed and excluded.

PT Fractiown Online Services (hereinafter referred to as ‘Fractiown’) shall not be liable, at any time for loss or direct, indirect, punitive, incidental, special or consequential damages, (including, without limitation, damages for loss of business projects, or loss of profits) arising in contract, tort or otherwise from the use of or inability to use the website, or any of its contents, or from any Act or omission arising from using the website contents or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorised access to, alteration of, or use of information contained on the website.

No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation.

Certain links on the website may lead to resources located on servers maintained by third parties over whom Fractiown has no control or connection, business or otherwise as these websites are external to Fractiown. The User agrees and understands that by visiting such websites he/she are beyond the control/influence of Fractiown website. Fractiown, therefore, neither endorses nor offers any judgement or warranty and accepts no responsibility or liability for the authenticity/availability of any of the information or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by the User’s visit and/or transaction(s) on these websites.

The decision to agree or refuse upon the transaction of property sale and purchase is at the sole discretion of the Buyer and/or Seller. Fractiown is not authorised to agree or refuse the transaction of property sale and purchase and shall not be responsible for any rejection or delay.

B.  INTELLECTUAL PROPERTY

This web site is the property of Fractiown. Any material that it contains outside of the data and information uploaded by User, remains the property of Fractiown.

You are permitted to browse this website and no reproduction of any part of the website may be used for any commercial purposes or sold or distributed for commercial gain nor are you permitted to modify or incorporate any of the contents in this website in any other publication or website or in any other work, in any form whatsoever whether in hard copy or electronic format, including posting to any other website.

C.  CONTENT

The information appearing on this website is only for general information purposes. The same should not be relied on for any specific purpose. Fractiown does not give any representation or warranty regarding the accuracy or completeness of the information provided on the website. Fractiown, its Directors, Employees, and Owners shall not be held liable for any for loss or direct, indirect, punitive, incidental, special or consequential damages arising out of use of this website including any other website linked to it. Fractiown reserves the right to edit the contents of the website without notice.

D.  LINKS TO OTHER SITES

This website may contain links to other websites including third party websites which are beyond the control of Fractiown. Fractiown assumes no responsibility or liability whatsoever and does not make any representations about any other website that you may access to through this website. Fractiown, nor their Directors, Employees, and/or Owners shall be held responsible or liable for the information contained on these websites.
 

VII.  DISCLAIMER

PT Fractiown Online Services (hereinafter referred to as “Company” in which the term includes the affiliates of the Company) is a legal entity established pursuant to the laws of Republic of Indonesia, which is at present is not regulated and/or not under the supervision of the Financial Services Authority or Otoritas Jasa Keuangan (OJK). The Company provides online marketplace services as an intermediary between the parties selling property and the parties in need of property, including individuals, organizations, and legal entities. The Company does not provide any form of advice or sales or purchase reccommendation regarding the choices displayed within the Site.

The Company does not warrant the performance of the property as an asset. The contents and material available within the Fractiown.com website is intended to provide information and shall not be deemed as a proposal, application, invitation, advice, nor recommendation to invest in asset, property, or financial services. In providing it services, the Company is limited to administrative functions.

Funds deposited within the account of the Company shall not, cannot, and will not be deemed as savings conducted by the Company as regulated within the regulations regarding banking in Indonesia. The Company or each of its Directors, Employees, Representatives, or Affiliates shall not be hold responsible regarding any disturbance or problems resulting or deemed to be as a result of minimum preparation or publication of the material displayed within the Company website.