Terms & Policy | Borobudur Marathon 2019

Terms of Use

Last Updated on April 12, 2019

Welcome to https://www.borobudurmarathon.com/ the official website of the Borobudur Marathon. We may refer ourselves on this page as: “Borobudur Marathon”, “we”, “our”, or “us”. We may refer to you as “you” or “your”.

These Terms of Use (“Terms”) govern our website located at https://www.borobudurmarathon.com/ and any of Borobudur Marathon’s registered domains, mobile apps, or social networking pages, profiles or feeds that post a link to these Terms (collectively, the “Services”).

Please read these Terms before using the Services. From time to time we may modify these terms and conditions in our sole discretion without prior notice, so please continue to review them whenever accessing or using the Services. By using the Services, you give your consent to accept these Terms (including its modifications, amendments, and other changes) and consent to the practices in our Privacy Policy. If you do not agree, do not use the Services. Any breach of these Terms immediately terminates your right with respect to the Services.

  1. While we have endeavoured to ensure the accuracy of information on the Services, we do not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the Services. The Services and the Content (as defined below) are provided “as is”, without any warranties of any kind unless specifically stated.
  2. We have no control over, or responsibility for, websites to which the Services is linked. Your use of such websites is at your sole risk.
  1. The Services contains, including but not limited to, text,  technology, software, URLs, video, sound, graphics, photographs, illustrations, artwork, names, logos, trademarks, service marks and other materials (“Content“) is protected by copyrights, trade marks and/or other intellectual property rights. The Content includes both Content owned or controlled by us and Content owned or controlled by third parties.
  2. No Content from the Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that we grant you a limited, non-exclusive, revocable, non-assignable, and non-transferable license to download, display, view, use, play the Content on a personal computer, browser, laptop, tablet, mobile phone or other internet-enabled device. In this regard, you may print one copy of the Content as it is displayed to you for your personal, non-commercial use only, provided that: (i) you keep intact all copyrights and other proprietary notices, (ii) you do not reverse engineer or make any modifications to the Content or Services, (iii) you do not use the Content in a manner that suggests any association with any of our products, services, or brands or the products, services or brands of any other person, (iv) you do not harvest information from the Services, (v) you do not interfere with the proper operation of or any security measure used by the Content or Services, and (iv) you do not download any of the Content to a database that can be used to avoid future access to the Services for access to such downloaded materials. Your unauthorized use of the Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
  3. All rights not expressly granted to you are reserved by us and our licensors and other third parties. No right or license may be construed, under any legal theory or industry custom. Any unauthorized use of any Content or the Services for any purpose is prohibited.
  1. The Services, amongst other things, may contain certain discussion forums, bulletin board services, chat areas and/or other message or communication facilities (collectively, “Communities“). Much of the Content of the Communities, including the Content within a specific message or posting, is provided by and is the responsibility of the person posting in that Communities. By their very nature, Communities may carry offensive, harmful, inaccurate or otherwise inappropriate material(s) or, in some cases, postings that have been mislabelled or are otherwise deceptive or misleading. We expect that you use caution and common sense and exercise proper judgment when using Communities. We have no responsibility for such Content and are merely providing access to such Content as a service to you.
  2. You agree that you are responsible for your own communications and for any consequences thereof. You agree to use the Communities only to send and receive messages and material that are legal, proper and related to the particular Communities. By way of example, you agree that when using the Communities, you will not:
    • defame, abuse, threaten or otherwise violate the legal rights of others;
    • publish, post, upload, distribute or disseminate or offer to do any inappropriate, defamatory, infringing, obscene, or unlawful material(s) or information or views, or any files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
    • impersonate another person or entity;
    • restrict or inhibit any other user from using and enjoying the Services.
  3. We do not control or endorse information posted in the Communities, and we have no obligation to monitor the Communities. Any reliance on material posted in the Communities will be at your own risk. We reserve the right at all times to disclose any information necessary to satisfy any applicable law, regulation, legal process, police or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, in our sole discretion.
  1. Registration data:  If you opt to register for any portion of the Services, you agree to provide Borobudur Marathon with accurate, complete, and updated information to your account (“Account”).  Failure to do so will constitute a breach of these Terms, which, in Borobudur Marathon’s sole discretion, may result in the immediate termination of your right to use the Account.  You acknowledge and agree that Borobudur Marathon may rely on the contact information in your Account to send you important information and notices regarding your Account and the Services.  You acknowledge and agree that Borobudur Marathon shall have no liability associated with or arising from your failure to maintain accurate information in your Account, including, but not limited to, your failure to receive critical information about the Services or your Account.  You further agree that Borobudur Marathon is authorized to verify any information in your Account.
  2. Username and password:  Any user (“User”) that opts to create an Account on the Services and becomes a member (“Member”) shall select a password and user name (“User Name”) in order to establish an Account.  You may not: (i) select or use a User Name of another person with the intent to impersonate that person, (ii) use a User Name subject to the rights of any other person without authorization, or (iii) use a User Name that, in our sole discretion, deems inappropriate or offensive.  You authorize Borobudur Marathon to process any and all Account transactions initiated through the use of your User Name and password. You are solely responsible for maintaining the confidentiality of your User Name and password and must immediately notify Borobudur Marathon of any unauthorized use of your User Name and password or of any other breach of security.  You acknowledge and agree that you are responsible for any activities, charges and/or liabilities made through the use of your User Name and password. In no event will Borobudur Marathon be liable for the unauthorized use or misuse of your User Name and/or password. Borobudur Marathon reserves the right to change User Names if the need should arise. Borobudur Marathon collects and uses your User Name, password and other information associated with your Account in accordance with its Privacy Policy.
  3. A User may register a profile on the Services to establish a group account with sub-accounts for such User’s family members, team members or other people associated with such User.  In this case, the primary User shall be considered the Member for the purposes of these Terms and shall be responsible for the sub-accounts such User establishes, and the term “Account,” as it is used herein, shall refer to both the primary User Account as well as any sub-Accounts.
  4. Children under the age of 18 are not permitted to use or register with the Services without parental supervision.  To the extent that a child aged 14-17 wants to participate in our event, that child’s parent or legal guardian must give parental consent letter to Borobudur Marathon in our template form.

Borobudur Marathon may make available on the Services statistics, including biometric data, geo-location data, and other statistics generated and/or calculated by the Borobudur Marathon using certain calculations and analyses, relating to or arising out of the performance of runners during or in connection with a Borobudur Marathon race (“Borobudur Marathon Statistics”).  If you use such Borobudur Marathon Statistics, You agree that: (i) any use, display or publication of the Borobudur Marathon Statistics shall include a prominent attribution to the Services in connection with such use, display or publication, (ii) the Borobudur Marathon Statistics may only be used, displayed or published for legitimate news reporting or private, non-commercial purposes, (iii) the Borobudur Marathon Statistics may not be used in connection with any sponsorship or commercial identification, (iv) the Borobudur Marathon Statistics may not be used or referred to in connection with any gambling activity (including legal gambling activity), (v) the Borobudur Marathon Statistics may not be used in connection with any commercial product or service.

  1. Wireless features.  The Services may offer features that are available to you via your wireless device including the ability to access the Services’ features and upload content to the Services, and  receive messages from the Services (collectively, “Wireless Features”). By using the Services, you agree that Borobudur Marathon may collect information related to your use of the Wireless Features and may change, alter, or modify the settings or configurations on your device in order to allow for or optimize your use of the Services.  Data rates and other carrier fees may apply.
  2. E-mails and push notifications. You will receive the promotional and non-promotional communications (e-mails and/or push notifications) from us at any time. In this regards, you can opt out of receiving promotional communications from us at any time (i) for e-mails, follow the instructions as provided in e-mails to click on the unsubscribe link; (ii) for push notifications, click the blue icon on the bottom right of the screen. Please note that your opt-out will not affect non-promotional communications, such as those about your account, transactions, servicing, or Borobudur Marathon’s activities including the upcoming event of Borobudur Marathon.
  3. Text messages, call alerts. If you participate in Borobudur Marathon events, you agree to receive text messages and call alerts which may come from us.

Anything submitted by you to the Services may be used by Borobudur Marathon for any purpose, now or in the future, without any payment to, or further authorization by you.  Borobudur Marathon also has the right, but not the obligation, to use your name in connection with the broadcast, print, online or other use or publication of your submission. You agree that your submissions will not: (i) promote any political or commercial purpose; (ii) defame, abuse, harass, stalk, or threaten others; (iii) use racially or ethnically offensive language; (iv) discuss or incite illegal activity; or (v) infringe any intellectual property or other right of any third party.

You represent, warrant, and covenant that: (i) neither you nor any other person who uses your Account will use your Account to perform, suggest or encourage any fraudulent, illegal, untruthful or inappropriate activity, and (ii) that you and all other persons who use your Account will fully comply with these Terms.

You hereby agree to indemnify and defend Borobudur Marathon, its affiliated, sponsors, partners and all of its and their officers, directors, employees, owners, agents, information providers, licensors, and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim or cause of action arising out of the use of (i) your breach or alleged breach of these Terms; (ii) your Submissions; (iii) your misuse of the Services or any use of the Services through your Account; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or other authorities; (v) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property or privacy right; or (vi) any misrepresentation made by you. You will, and will cause all other persons who use your Account to, cooperate with us in the defense of any claim.  We reserve the right to assume the exclusive defense and control of any matter that may be subject to indemnification hereunder. You will not in any event settle any claim without the prior written consent of Borobudur Marathon.

We make no representation, warranty or endorsement as to the accuracy or reliability of any statement, advice, opinion, content, materials or information contained in, and/or displayed, uploaded, or distributed by or through the Services.  You acknowledge that any reliance upon any such information will be at your sole risk. We will have the right, in our sole discretion, to enforce the Terms, or correct any errors or omissions in any portion of the Services, but we have no obligation or duty whatsoever to do so, including any obligation to monitor the Services for such errors or omissions or for violations of these Terms.

Borobudur Marathon and its affiliated, sponsors, partners and all of its and their officers, directors, employees, owners, agents, information providers, licensors, and licensee shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or inability to use the Services or resulting from any information or Services obtained or messages received or transactions entered into through the Services or resulting from unauthorized access to or alteration of your transmissions of data, including but not limited to, damage for loss of profits, use data or other intangibles, even if we have been advised of the possibility of such damages.

  1. We reserve the right to terminate or restrict your access to the Services at any time, without notice for any reason whatsoever.
  2. If you are dissatisfied with the Services or any of the Content, your sole remedy is to discontinue use of the Services. In respect of fraud and of personal injury or death, we accept no liability to you.
  3. The Services is not directed at any person in any jurisdiction where for any reason the publication or availability of the Services Website is prohibited. Those in respect of whom such prohibitions apply must not access the Services. We do not represent that either the Services or the Content are appropriate for use or permitted by local laws in all jurisdictions. Those who access the Services do so on their own initiative and are responsible for compliance with applicable local laws or regulations; legal advice should be sought in cases of doubt.
  4. When you use Services, or send e-mail to us, you are communicating with us electronically.  You consent to receive communications from us electronically. We will communicate with you by email or by posting notices, disclosures, and other communications.
  5. No waiver of any breach or default shall be deemed to be a waiver of any preceding or subsequent breach or default.
  6. You may not modify these Terms.  If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the remainder of the provisions contained herein and shall not affect the validity and enforceability of any remaining provisions.  This is the entire agreement between us and you relating to the subject matter herein, superseding all prior oral or written agreements, and shall not be modified except as provided for herein.
  7. No consent or approval may be deemed to have been granted by Borobudur Marathon without being in writing and signed by an authorized officer of Borobudur Marathon.
  8. These Terms control the relationship between Borobudur Marathon and you.  It does not create any third party beneficiary rights.
  9. Borobudur Marathon reserves the right to investigate and prosecute any suspected breaches of these Terms or the Services.  Borobudur Marathon may disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.
  1. The Terms are governed by the laws of Indonesia and the parties submit to the exclusive jurisdiction of the authorized Indonesia courts.
  2. NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or other forms of representative action.

The Terms are made in the Indonesian and English language. In the event that there is any discrepancy between the Indonesian version and the English version, the Indonesian version shall prevail.

If you have any questions or concerns regarding the Services, please contact via email at info@borobudurmarathon.com.

Privacy Policy

Last Updated on April 12, 2019

Welcome to https://www.borobudurmarathon.com/ , the official website of the Borobudur Marathon. We refer to ourselves, on this page as: “Borobudur Marathon”, “we”, “our”, or  “us”. We refer to you as “you” or “your”.

We respect your privacy and are committed to protecting your information including your personal data. This Privacy Policy will inform you as to how we look after your personal data when you visit our website at www.borobudurmarathon.com (“Site”).

This Privacy Policy (“Policy”) governs our privacy practices with respect to our Site and any of Borobudur Marathon’s other registered domains, mobile apps, or social networking pages, profiles, or feeds that post a link to this Policy (collectively, the “Services”).

By using our Services, you are agreeing to this Policy and to allow us to collect, use, store, and transfer your information as described in this Policy. Please note that this means, regardless of where you live, you will be giving us permission to transfer your information and to store and process your information.

If you do not wish to agree to these terms, please immediately cease use of the Services.  Your use of our Services is also subject to “Terms of Use”.

The information we collect includes personal data, which is information that can be associated with or which relates to a person and/or could be used to identify a person .

We also collect information that does not identify you. Some examples of information we may collect include the following:

  1. Contact data, including your full name, your emergency contact information, place and date of birth, gender, blood type, identity card information, postal address, phone number, email address, and insurance details.
  2. Fast runners category data, including race name, official finish time, official certificate.
  3. Payment data, including your payment instrument (such as a credit or debit card number), associated security code, and other data necessary to process your payment if you make a purchase.
  4. Service use data, including data about the features you use, the pages you visit, the e-mails and advertisements you view, the products you purchase, the time of day you browse, and your referring and exiting pages.
  5. Device identifiers, including your IP address and related to it.
  6. Device connectivity and configuration data, including the type of device or browser you use, your device’s operating software, your internet service provider, and your device’s regional and language settings.
  7. Location data, including precise location data (e.g., latitude/longitude data) and imprecise location data (e.g., location derived from an IP address or data that indicates a city or postal code level).

We also collect, use and share aggregated data. For example, we may aggregate your usage data to calculate the percentage of users accessing a specific Site feature. However, if we combine or connect aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Policy.

We may also collect personal data that includes “sensitive” or “special categories” of personal data, such as: dietary requirements, details about your race or ethnicity, information about your health, genetic and biometric data and certain medical information (including whether or not you are a wheelchair user).

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case.

We use different methods to collect information from and about you including through:

  1. Direct interactions.
    You may give us your identity data, contact data and payment data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you among others:

    • apply for our products or services;
    • create an account on the Services;
    • subscribe to our Service or publications;
    • request marketing to be sent to you;
    • apply to participate in one of our events;
    • volunteer in some capacity at one of our events;
    • sign up to our educational or charitable programmes;
    • enter a competition, promotion or survey; or
    • give us some feedback.
  2. Automated technologies or interactions.
    As you interact with the Services, We may automatically collect service use data  relating to your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive technical data about you if you visit other websites.
  3. Third parties or publicly available sources.
    We may receive personal data about you from various third parties and public sources such as analytics providers, advertising networks, technical, payment and delivery services, and other publicly available sources.  We are not responsible for the accuracy of any information provided by third parties or third parties policies or practices.
  4. Information from events.
    We may combine information collected through your participation in Borobudur Marathon, expos, or other events with information we have collected about you through the Services.

We may use information about you, including your personal data, for any purpose consistent with our statements under this Policy, including to:

  1. Manage your registration, accounts, memberships, purchases, volunteer activities, and donations.
  2. Respond to your requests or correspondence, and provide customer service.
  3. Send you technical notices, updates, security alerts, information regarding changes to our policies, and support and administrative messages.
  4. Prevent and address fraud, breach of Policies or Terms, and threats or harm.
  5. Assist with system administration, load balancing metrics, and to create reports on user demographics and Services traffic patterns.
  6. Conduct research, including focus groups and surveys.
  7. Manage your race data, including race activity and results.
  8. Improve the Services or other Borobudur Marathon website, applications, marketing efforts, products and services.
  9. Send you advertisements and communicate with you regarding our and third party products, services, offers, promotions, rewards and events we think you may be interested in.
  10. Serve advertising tailored to your interests on our Services and third party services.
  11. Fulfill any other purpose disclosed to you and with your consent.

We may use information that does not identify you without obligation to notify you.

We may share your information, including personal data, for any purposes consistent with our statements in this Policy, including under the following circumstances:

  1. Service providers.
    We cooperate with third party to perform services on our behalf, including helping us run our Services, manage races and provide race data, fulfill contests or sweepstakes, administer surveys, process online transactions, send emails, analyze data, execute and optimize marketing/advertising campaigns, and manage and enhance user data. These third parties have access to information that is needed to perform their functions. These service providers are prohibited from using the information that we share with them for any reason other than performance of the services for which they have been engaged, although we may permit them to use aggregate data which does not identify you or de-identified data for other purposes.
  2. Partners.
    When we partner with third parties to offer you products or promotions on Borobudur Marathon products and services. For example, we work with third parties to offer you special discounts when you purchase products or services on our Services, and, as part of such promotion, we may provide these third parties with information about users who participated in the promotion. We also allow certain third parties to integrate components of our Services into their own websites and apps. Our partners are responsible for managing their own use of the information collected in these circumstances. We recommend you to review the privacy policies of the relevant partner to find out more about their handling of your personal data.
  3. Other Third Parties.
    For purposes of facilitating your requests and in connection with tailoring ads, and measuring and improving our Service and advertising effectiveness.
  4. Affiliates.
    With our affiliates for purposes consistent with this Policy. For example, we may share your information with our affiliates for customer support, marketing, and technical operations.
  5. Legal Purposes.
    Where we are legally compelled to do so or as reasonably necessary to comply with the law or protect the safety or rights.  This includes complying with court orders, subpoenas, responding to requests from law enforcement agencies; enforcing contract terms; responding to and resolving any claims (including user complaints); or otherwise protecting the safety of rights (including intellectual property rights) of Borobudur Marathon, our business customers, users, or the general public.

Without limiting the foregoing, in our sole discretion, we may share aggregated data which does not identify you with third parties or affiliates.

  1. External Links and Services
    Borobudur Marathon’s Services may contain content from and links to other web sites and services owned and operated by third parties, including the site of the third party store, but we are not responsible for the privacy policies, terms of use, or content of any such third party services. These third parties may use tracking to independently collect information about you and may solicit information from you. We encourage you to familiarize yourself with the privacy policies and terms of use of third parties.
  2. Social Networking
    You also can engage with our Services though video, applications, and other offerings, on or through third party social networking sites, such as Facebook or third party social media plug-ins and applications.  When you engage with our Services on or through third party social networking sites, plug-ins and applications, both we and the applicable third party may have access to and use information associated with your use, and you should carefully review the third party’s privacy policy and terms of use. You may allow us to have access to certain information from your social media profile (for example, name, e-mail address, photo, gender, birthday, location, your list of friends, people you follow and/or who follow you, your posts or ‘likes’) to deliver the content or as part of the operation of the application.  We may combine information which we obtain directly through social networking sites or applications with information we obtain directly through the Services or from other sources.
    When you allow us to access information from your social media account, it can enable us to do things like: (i) deliver exclusive content to you, (ii) personalize your online experience with us within and outside our applications or web sites, and (iii) contact you through the social networking sites or directly using your information.  By engaging with our Services through social networking sites or applications, you consent to the use of this information in accordance with this Policy. Additionally, when you provide information in publicly visible areas of social networking sites or applications, it may be viewed by other members of these sites and we cannot prevent further use of the information. We are not responsible for and make no representations regarding the policies or business practices of any social networking sites or third parties and encourage you to familiarize yourself with and consult their privacy policies and terms of use.
  3. Analytics and Advertising Tracking Technologies
    We may use service providers for analytics services. These analytics services may use tracking technologies to help us analyze Services users and how they use the Services. Information generated by these services (e.g., your IP address) may be transmitted to and stored by these service providers on servers and these service providers may use this information for purposes such as evaluating your use of the Services, compiling statistic reports on the Services’ activity, and providing other services relating to Services activity and other internet usage.
  1. Unsubscribe
    You can ask us to stop sending you marketing messages at any time by following  the instructions as provided in e-mails to click on the unsubscribe.Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of product/service purchase, product/service experience or other transactions.
  2. Cookies
    You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of the Services may become inaccessible or not function properly.

Children under the age of 18 are not permitted to participate in Borobudur Marathon.  To the extent that a child aged 14-17 wants to participate in our event, that child’s parent or legal guardian must give parental consent letter to Borobudur Marathon in our template form.

We are based in Indonesia and the information we collect is governed by the Republic of Indonesia law.  If you are accessing the Services from outside of Indonesia, please be aware that information collected through the Services may be transferred to, processed, stored and used in the Indonesia and other jurisdictions.  Data protection laws in Indonesia and other jurisdictions may be different from those of your country of residence. Your use of the Services or provision of any information therefore constitutes your consent to the transfer to and from, processing, usage, sharing and storage of your information, including personal data, in Indonesia as set forth in this Policy.

We take reasonable precautions to secure and protect the information on our systems. Unfortunately, no data transmission over the internet can be 100% secure and, accordingly, we cannot guarantee or warrant the security of any information you disclose or transmit to us online.

The safety and security of your information also depends on you.  You are responsible for keeping your password confidential. We ask you not to share your password with anyone.  We urge you to be careful about giving out information in public areas of the Services like message boards. Information that you make public, such as your profile information, will be accessible to others and you are solely responsible for it.

Borobudur Marathon retains your information, including personal data, for as long as necessary to fulfill the purposes for which the information was collected, unless a longer retention period is required or permitted by law. For example, Borobudur Marathon retains your information for business purposes, for as long as your account is active, and/or as long as is reasonably necessary to provide you with our products and services. Borobudur Marathon will also retain your information as reasonably necessary to comply with our legal obligations, resolve disputes and enforce our agreements. We may also retain cached or archived copies of your information for a reasonable period of time.

We reserve the right to revise this Policy at any time with or without any notice, and you should review this Policy carefully. If we update this Policy, your continued use of the Services following the posting of the revised Policy means that you accept and agree to the terms of the revised Policy.

  1. The Policy are governed by the laws of Indonesia and the parties submit to the exclusive jurisdiction of the authorized Indonesia courts.
  2. NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or other forms of representative action.

The Policy are made in the Indonesian and English language. In the event that there is any discrepancy between the Indonesian version and the English version, the Indonesian version shall prevail.

If you have any questions or concerns regarding the Services, please contact via email at info@borobudurmarathon.com.