Term and Condition

Welcome to the official website of Xavier Marks Indonesia. Please read these terms and conditions carefully before using this website so that you are aware of your legal rights and obligations regarding the use of this website. By visiting and using this website, you agree to comply with and be bound by the applicable terms and conditions regarding the use of this website.

1. DEFINITIONS

1.1. PT. Xavier Marks Indonesia is a limited liability company legally established and operating under the laws of the Republic of Indonesia, domiciled in Surabaya, Indonesia, and engaged in the business of Property Brokerage Services.

1.2. Website refers to a collection of pages containing specific information provided via the internet by PT. Xavier Marks Indonesia using the domain www.xaviermarks.com.

1.3. Terms and Conditions refer to the agreement governing the legal relationship between PT. Xavier Marks Indonesia and Users in connection with visiting and/or using the website owned by PT. Xavier Marks Indonesia.

1.4. User refers to any individual (natural person and/or legal entity) who visits and/or uses the website, whether or not they register an account.

1.5. Property refers to assets in the form of (rights to) land and/or buildings, including facilities and infrastructure that are inseparable from the (rights to) such land and/or buildings.

1.6. Marketing Agent refers to any individual who has a legal relationship as a Marketing Agent of a Property Brokerage Company with PT. Xavier Marks Indonesia and/or its partners.

2. AMENDMENTS TO TERMS AND CONDITIONS

PT. Xavier Marks Indonesia may amend these terms and conditions at any time without prior notice to Users. It is highly important for Users to review any updates to the Terms and Conditions and the Privacy Policy during their use of the website, as all changes shall legally bind the Users. If the User does not agree to be bound by the amended Terms and Conditions or Privacy Policy, the User is advised to cease using the website.

3. PRIVACY POLICY

Any information received by PT. Xavier Marks Indonesia from Users during use of the website is governed by the Privacy Policy. PT. Xavier Marks Indonesia may amend the Privacy Policy from time to time. For further information, please refer to the Privacy Policy.

4. ACCOUNT REGISTRATION

Before using the website, Users must agree to these Terms and Conditions and the Privacy Policy. Users may register an account for optimal use of the website. During registration, Users are required to provide accurate and truthful data and/or information. By registering, Users agree to abide by all policies set by PT. Xavier Marks Indonesia in using the website.

5. USER RIGHTS & OBLIGATIONS

Unregistered users are only entitled to access all public information provided on the website. Registered users may receive certain information via email. Registered users who are also marketing agents may use the website as a marketing platform for property listings of clients using their services. Users are obliged not to misuse the information available on the website or violate the law.

6. USER PROHIBITIONS

Registered Users are prohibited from:

6.a. Using false, inaccurate, or third-party identities to create an account;

6.b. Uploading property listings or related data in a deceptive, misleading, or unlawful manner;

6.c. Accessing the platform or user accounts using unauthorized hardware or software, including but not limited to emulators, simulators, bots, or other such tools;

6.d. Tampering with feedback or rating systems;

6.e. Uploading or sending content that violates applicable laws and regulations;

6.f. Uploading or sending content that infringes on patents, trademarks, trade secrets, copyrights, or proprietary rights of any party;

6.g. Sending unsolicited or unauthorized promotional content, including “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or other unauthorized solicitations;

6.h. Uploading, sending, or posting content that contains viruses, worms, Trojan horses, or other harmful code designed to disrupt, manipulate, or damage software, hardware, data, or telecommunications equipment;

6.i. Disrupting or manipulating the service, servers, or networks, or violating any network-related rules or policies;

6.j. Engaging in behavior that directly or indirectly impairs, disables, or overburdens the service or network infrastructure;

6.k. Using the service to intentionally or unintentionally violate any applicable laws, codes, regulations, or policies;

6.l. Violating others’ privacy or stalking, harassing, or disturbing others;

6.m. Uploading images or content that infringe on copyrights, trademarks, or other intellectual property rights, or using the service in a way that infringes on the rights of others.

7. SANCTIONS

PT. Xavier Marks Indonesia reserves the right to impose sanctions on Users who violate the law or these Terms and Conditions, including but not limited to:

7.a. Account deletion;

7.b. Criminal prosecution; and/or

7.c. Civil lawsuits.

8. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights arising from the use of this website are the sole property of PT. Xavier Marks Indonesia, except for photos uploaded by registered users, which remain the property of the respective users. Accordingly, users may delete such photos without prior approval from PT. Xavier Marks Indonesia and are fully responsible for the content they upload.

9. ACCOUNT DELETION

Users may delete their accounts at any time. PT. Xavier Marks Indonesia is not liable for any matters arising after account deletion. However, Users remain responsible for fulfilling obligations incurred prior to account deletion and any obligations that may arise afterward.

10. TEMPORARY OR PERMANENT ACCOUNT SUSPENSION

If a User experiences technical issues or suspects that their account has been hacked, misused, or compromised, they must report it immediately to PT. Xavier Marks Indonesia to prevent further misuse or damage.
PT. Xavier Marks Indonesia may suspend accounts temporarily or permanently for the following reasons, including but not limited to:

10.a. User reports that their account has been used or misused by someone else;

10.b. PT. Xavier Marks Indonesia finds or suspects activities that may harm the company, Users, or third parties;

10.c. Detection of abnormal activity or violation of these Terms and Conditions, the Privacy Policy, or applicable laws and regulations.

If a suspended User has evidence that the suspension is unwarranted, they may submit a report to PT. Xavier Marks Indonesia with supporting evidence. PT. Xavier Marks Indonesia will review the report and, at its sole discretion, determine whether to lift or maintain the suspension.

11. APPLICABLE LAW

These Terms and Conditions are governed and interpreted in accordance with the laws of the Republic of Indonesia. Any dispute, claim, or conflict arising from or related to the use of this website shall be resolved by the Surabaya District Court.

12. DISPUTE RESOLUTION

Any disputes arising from differing interpretations of these Terms and Conditions or website usage shall first be resolved amicably. If not resolved within 14 (fourteen) calendar days, the dispute shall be settled at the Surabaya District Court.

13. LANGUAGE

These Terms and Conditions are available in both Indonesian and English. In the event of any discrepancies between the two versions, the Indonesian version shall prevail.

14. FEEDBACK

If Users have reports, complaints, or suggestions, they may provide feedback to PT. Xavier Marks Indonesia via:

Email : office@xaviermarks.com

Instagram : xaviermarks.id

15. LIMITATION OF LIABILITY

PT. Xavier Marks Indonesia only provides the website as a platform to facilitate Users in obtaining property-related information. All content and information are the sole responsibility of the individual uploading such content. PT. Xavier Marks Indonesia shall not be held liable for any false or inaccurate information, and Users hereby agree to release PT. Xavier Marks Indonesia from any legal claims in the future.

16. OTHER IMPORTANT MATTERS

Users understand and agree that these Terms and Conditions constitute an electronic agreement. By using the website and clicking “yes,” “agree,” or any other symbol indicating consent, Users are legally bound to these Terms and Conditions and agree to comply for as long as they continue to use the website.