Terms and Conditions
ACCEPTANCE OF TERMS
Welcome to cmgarmindo.com (the “Site”), owned and operated by C.M. Garmindo, interchangeably referred to as “CMG”.
The Terms and Conditions of Use include any posted guidelines or rules applicable to particular Content or Services (as defined below) and, as updated by CMG from time to time, are collectively referred to as the “Terms and Conditions” and govern the use of the Site. You should carefully read the Terms and Conditions before using the Site. You can review the most current version of the Terms and Conditions at any time at cmgarmindo.com. By using the Site, you: (i) acknowledge that you have reviewed and agree to be bound by the Terms and Conditions; (ii) represent and warrant that you are at least sixteen (16) years old; and (iii) represent and warrant that you have the legal authority to accept the Terms and Conditions. If you work for or represent a business, you represent and agree that you are authorized by that business to enter into this Agreement on behalf of that business. This is a legally binding agreement. If you do not agree with the Terms and Conditions, you are not authorized to use the Site.
ACCESS TO THE SITE
Access to certain portions of this Site may require login and password information provided only to users and/or businesses who have registered (the “Registered Users”). The login and password are provided for the use of the Registered User only and are not transferable. If you have received a login and password that belong to another person, you are not authorized to use that login account and we request that you notify CMG of the misdirected login information. Misuse of a login account, including, without limitation, unauthorized sharing of the login and password, may result, at CMG’s sole discretion, in cancellation of the Registered User’s registration and other remedies, and CMG shall have no liability to the Registered User.
CONTENT AND SERVICES
The Site may provide certain content (including, without limitation, documents, photographs, advertisements, marketing materials, pricing information, text, graphics and images) and services that CMG may change or update from time to time (the “Content” and “Services”). The Content and Services offered on the Site are provided solely to enable CMG to provide information about its products and services. Any disclosures made through the Site should only be made after reviewing and agreeing to these Privacy Policy and Terms and Conditions. In the event that any posted Content appears to be inappropriate for display on this Site for any reason, users and Registered Users are encouraged to contact CMG in accordance with Section 5 to request removal of such Content.
USE OF THE SITE AND REGISTRATION
Use of the Site is voluntary. You may choose not to use the Site and you may choose not to register as a Registered User. You may use or download Content for your business only as specifically permitted on the Site. The information CMG obtains from users and Registered Users will be used only in accordance with CMG’s Privacy Policy. You may delete your login and password at any time by contacting CMG at the addresses provided in Section 5. If you choose to register as a Registered User, you agree that you will be responsible for maintaining your password as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your password. You agree to immediately notify CMG by one of the methods in Section 5 in the event that (i) your password is lost or stolen, or (ii) you become aware of any unauthorized use of your password or of any other breach of security related to the Site. CMG is not responsible for any loss or damage arising from your failure to comply with the provisions of this section.
Web Form: cmgarmindo.com/contact
PROHIBITED BEHAVIOUR
You are responsible for all Content that you upload, post, email or otherwise transmit using the Site. Likewise, you are responsible for respecting CMG’s and third parties’ rights with respect to Content that appears on the Site and agree not to download, email or otherwise transmit such Content in violation of CMG’s and third parties’ rights. You may not use or exploit any portion of the Site, Content or Services to provide any commercial services, “spam” or other unsolicited communications to third parties or offer any portion of the Site to any third party.
You shall not use the Site or Services to:
Upload, post, email, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property right, privacy right, or publicity right of any person or entity. By uploading, posting, emailing or otherwise transmitting any Content, you represent and warrant that you have all rights to take such action with respect to the Content; Upload, post, email, or otherwise transmit any Content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, pornographic, sexually explicit, invasive of another’s privacy, hateful or racially, ethnically, or otherwise offensive; impersonate another person or entity, including without limitation, a representative of CMG or its officers, directors, employees or agents, falsely represent or misrepresent your affiliation with another person or entity, or forge headers or otherwise manipulate identifiers that would disguise the origin of any Content transmitted to or through the Site; Use the Site or Services for any purpose or in any manner that violates any local, state or federal law or regulation or the law or regulation of any foreign government; directly or indirectly, intentionally disrupt or interfere with the Site in any manner that may materially adversely affect CMG or any third party; or upload, post, email or otherwise transmit without authorization any material that contains personal or private information concerning any third party person or entity, including without limitation, phone number(s) or addresses, credit/debit cards, calling cards, account numbers, social security numbers, passwords or other similar information. Engaging in any of the foregoing prohibited actions may result, at CMG’s sole discretion, in cancellation of the Registered User’s registration and other remedies including legal action, and CMG shall have no liability to the Registered User.
DISCLAIMER OF WARRANTIES
THE USE OF THE SITE AND SERVICES IS SOLELY AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CMG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE (INCLUDING, WITHOUT LIMITATION, THE CONTENT AND/OR SERVICES OFFERED ON THE SITE) WHETHER EXPRESS OR IMPLIED INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CMG EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACTIONS OF ANY REGISTERED USER OR OTHER USER WHO USES THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CMG MAKES NO WARRANTY THAT THE SITE, CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE, CONTENT OR SERVICES WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE, CONTENT OR SERVICES IS TO CEASE TO USE THE SITE OR SERVICES. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM COUNTRY TO COUNTRY OR WITHIN NATIONAL JURISDICTIONS.
EXCLUSIONS AND LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CMG SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES (EVEN IF CMG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY MATTER RELATED TO YOUR USE OF THE SITE, CONTENT OR SERVICES.
COPYRIGHT
The Content on the Site is owned by CMG and is protected by the International Copyright Act, as amended, and the copyright laws of other countries. Certain materials are used by permission of their respective owners. The Content of the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the prior written permission of CMG. Modification or use of Content for any other purpose is a violation of the rights of CMG.
TRADEMARKS
“C.M. Garmindo” is a trademark in which CMG claims priority and ownership. Other trademarks are used with the permission of their respective owners. You agree not to use or display trademarks without the prior written consent of CMG or the owner of such mark.
LINKS
The Site may include links to other websites. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by CMG with respect to the provider of such linked site or the linked site. CMG MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE: YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK.
INDEMNITY
You agree to defend, indemnify, and hold CMG , its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions, or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions or from your use or misuse of this Site.
JURISDICTION AND VENUE
You agree that this Agreement and the relationship between you and CMG will be governed by the laws of the country of Indonesia, without respect to its conflict of laws provisions and that venue with respect to any dispute between you and CMG will rest exclusively in the courts located in Indonesia.
CHANGES
CMG may change the Terms and Conditions from time-to-time. If such a change is made, CMG will post the revised Terms and Conditions on the Site. CMG reserves the right to add to or change the Site or cease offering the Site (or any Content or Services on the Site) at any time and without liability. CMG reserves the right to refuse to offer access to the Site to anyone at anytime without notice.
MISCELLANEOUS
The Terms and Conditions constitute the entire agreement between you and CMG relating to the Site. There is no agency, partnership, joint venture, employee-employer or attorney-client relationship between any user and CMG arising solely through the use of the Site. The Terms and Conditions are binding upon your successors, assigns, heirs and executors. If any provision of the Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms and Conditions, which shall remain in full force and effect. The failure of CMG to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or condition. Any claim or cause of action arising out of or related to the Site, Content, Services or the Terms and Conditions must be filed within one year after such claim or cause of action arose. The section titles of the Terms and Conditions are merely for convenience and will not have any effect on the substantive meaning of this Agreement.
YOUR USE OF THE SITE INDICATES THAT YOU AGREE TO THE FOREGOING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, DO NOT USE THE SITE.
Privacy Policy
C.M. Garmindo and cmgarmindo.com (collectively “CMG”) is committed to protecting your online privacy.
We have created this privacy policy to make sure you know what information we collect and how we use it. By using our website, you consent to the collection and use of your information as we have outlined in this policy. From time to time, we may update this privacy policy. We will notify you about material changes in the way we treat personally identifiable information by emailing you and/or placing a notice on our Website. We encourage you to check back and review this privacy policy so that you always will know what personally identifiable information we collect, how we use it, and to whom we disclose it. Your continued use of the CMG Website will be subject to the then current privacy policy.
ABOUT UPLOADING AND POSTING INFORMATION ON THE CMG SITE
At the time you register for a CMG account, you will choose and provide us with a username and password. When you upload a tech packs or designs, post a comment or message on the CMG Website your user name is visible to other users. Additionally, if your comment or message contains personal information and is posted by you in a page that is accessible to the public, third parties may make note of the information and you may receive unsolicited messages from other parties as a result. Any content or information you upload is not considered personally identifiable information subject to this Privacy Policy.
Always use caution when you post such information.
WHAT INFORMATION DO WE COLLECT?
Information Provided by You:
You may provide us with certain personally identifiable information when you:
- register for a CMG account,
- order products,
- request customer support or send us any other communication,
- sign up for emails of any kind,
- approve your child’s request to open a CMG account in accordance with international child protection acts.
Such information may include your name, email address, billing and/or your shipping address. You may also provide us with information about other people, such as their email addresses, if you email a product to a friend or refer a friend to the CMG Website or our promotions.
Information Collected by Cookies:
CMG uses cookies on the CMG Website. A cookie is a small text file on your computer which a website sends to your computer to allow the website to store information which uniquely identifies their users. CMG’s cookies do not collect or store personally identifiable information. Rather, the cookie stores a token which uniquely identifies a particular user at a particular time. That token is then linked to the user information in our secured databases. You can always reset your browser to refuse all cookies or to display a message when a cookie is being sent. If you reset your browser, some of the CMG Website features and functionality may not be available to you.
Information Collected by Web Beacons and Log Files:
CMG collects certain non-personally identifiable information through the use of web beacons and log files. Such information may include your IP address, browser type, site usage, and whether you opened emails you received from us.
HOW DO WE SECURE YOUR INFORMATION?
When you place orders or access your account information, we use commercially reasonable and generally-accepted technological safeguards to secure any information we collect about you. The secure server software (SSL) we use encrypts all information you input before it is sent to us. In addition, your CMG account information is password-protected for your privacy and security. You should always take steps to protect the confidentiality of the password you select. We operate internationally and all of our computer systems are currently based in Indonesia. As a result, your personal data will be processed by us in Indonesia where data protection and privacy regulations may not offer the same level of protection as in other parts of the world, such as the European Union. If you create a user account with us, you agree to this privacy policy and you consent to the transfer of all information you provide to Indonesia.
HOW DO WE USE INFORMATION?
We use your email address to communicate with you about your account and to send you certain notification emails. We use the personally identifiable information you provide to:
- provide the features and functionality of the CMG Website,
- fulfil your requests for our products and services,
- communicate with you about the status of your orders and other enquiries about our products and services,
- send you information about our products and services.
We do not use your email address or other personally identifiable information to send marketing messages without your consent. Similarly, if you email a product to a friend or refer a friend to the CMG Website or our promotions, we will use your friend’s email to send them the email you requested. You and your friend’s email addresses will only be used for this purpose unless permission is otherwise granted. We use non-personally identifiable information to monitor the use and performance of the CMG Website so that we can learn more about how people use the CMG Website to improve our products and services.
DOES CMG DISCLOSE THE INFORMATION IT COLLECTS TO 3RD PARTIES?
Generally, CMG does not share personal information about you with other people or non-affiliated companies without your consent except when CMG provides information to its agents and trusted service providers and contractors for limited purposes, such as:
- fulfilling customer orders,
- offering certain products and services,
- communicating with customers,
- providing customer service,
- managing information on our behalf,
- enhancing the CMG Website features and functionality.
In such cases, we require that these parties agree to use the information solely for the purpose for which we provided it to them and in accordance with our privacy policy. If you sign up for a promotion or enrol in a service we offer in partnership with a third party, we may provide information (such as your name, email address, and account activity) to such third parties.
CMG may also release information (including your name, addresses, telephone number, and account activity) when we, in our sole discretion believe that such release is necessary or appropriate to:
- comply with law,
- comply with subpoenas, warrants, court orders, government investigations, or other legal process,
- enforce or apply the terms of any of our user or license agreements,
- investigate or respond to allegations of fraud, intellectual property infringement, or other unlawful activity,
- investigate fraud or similar claims,
- protect the rights, property or safety of CMG , or our users.
In the event that CMG is acquired by, or merged with, another company, CMG reserves the right to transfer all information we have collected from our users in connection with such acquisition or merger. CMG may disclose non-personally-identifiable information to third parties in aggregate form to potential business partners and investors.
WHAT ABOUT CHILDREN’S PRIVACY?
Children under the age of 16 are allowed to upload graphics and images and to order products and services with their parent’s consent only. To order products, the child must indicate his or her age, submit his or her name along with the name of the parent, and his or her mailing address and shipping address if different from the mailing address. This is the only information collected from a child. This information is used to fulfil the requested order; confirm shipment; complete record keeping, and to advise the child concerning new CMG products, services or policies. Parents of children under the age of 16 have the option to consent to the collection of this information from their children or not. Such consent will not be used as consent for the dissemination of any of this information and the information will not be released by CMG to third parties without the parents’ consent except as may be required by law or upon court order. Personal information at CMG is kept confidential and is disclosed only with the consent of the CMG user or as set forth in this Privacy Policy. We do not engage in the selling of the habits, behaviour, buying patterns, or demographic information of our users. CMG does not condition a child’s participation in any online activity on the granting of any unnecessary information beyond that actually needed in connection with that activity. Parents can review any information CMG has received from a child and the parent can have that information deleted and the parent can forbid the collection of additional information from their child. If you want to review any information obtained from your child or if you want to have any information obtained from your child deleted from the CMG records or to forbid any use of such information, you may send a request to CMG’s Client Services team by visiting our Contact Us page, and sending an email with the subject Parental Notification. Alternatively, you may contact the CMG Client Services team by email to:
Web Form: cmgarmindo.com/contact
Attn: Parental Notification
Simply write your request to us and we will respond within working hours.
HOW CAN I CHANGE, DELETE, OR UPDATE MY INFORMATION?
Most of your account information can be changed in the My Account section of the CMG Website. If you have any questions about what information is stored or would like to obtain a copy of such information, please visit our Contact Us page here; cmgarmindo.com/contact. After receiving proof of your identity, we will provide the information to you, and you may request that we delete or change any or all of the information.
The current version of the C.M. Garmindo Privacy Policy was designated effective as of August 2023.
