Proktor Amanin

Terms and Conditions of Proktor Amanin

Effective from January 2024

Welcome to the Terms and Conditions of Proktor Amanin. Please read these Terms and Conditions carefully before using the Proktor Amanin Platform and Services.

1. General Overview

Proktor Amanin is an online exam proctoring platform. When you use the Service, you will have access to create online exams, share your exam links with other Users such as Exam Participants or Exam Supervisors. You will also have access to recordings of camera, microphone, and computer screen captures of other Users for whom you are responsible.

This Platform and Service are available at amanin.id and other forms provided or made available by Proktor Amanin. Your use of this Platform and Service is subject to these Terms and Conditions. By using the Platform and Service, you acknowledge and agree to the Privacy Policy of Proktor Amanin.

2. General Terms

Terms and Conditions of Proktor Amanin constitute an agreement between the Platform user ("You" or "User") and PT Amanin Inteligensia Internasional and its affiliates ("Proktor Amanin," "We," or "Us") and govern your access and use of our Platform and Service, unless you and Proktor Amanin have entered into another agreement, in which case that agreement will govern your access and use of the Platform and Service, not these Terms and Conditions. You may enter into this Agreement on behalf of yourself or a legal entity. If you enter into this Agreement on behalf of a legal entity, you represent that you are a duly authorized representative with the authority to bind such legal entity to this Agreement. All references to "You" in this Agreement refer to the person accepting this Agreement as an individual or the legal entity represented by such representative. Terms beginning with capital letters in this Agreement will have definitions as set forth in the applicable section where they are defined, or in Section 20 below.

You represent and warrant that you are 18 (eighteen) years of age or older or married and not under guardianship or trusteeship and you legally have the capacity and right to enter into these Terms and Conditions. If you do not meet these requirements, then your actions in registering, accessing, using, or engaging in other activities within the Platform and/or Service we provide must be with the knowledge, supervision, and lawful consent of your parents, guardian, or trustee. Parents, guardians, or trustees providing consent for you under the age of 18 (eighteen) years are fully responsible for all of your actions and activities in using and accessing the Platform and/or Service. You expressly waive any legal rights to revoke or withdraw any and all consent you grant under these Terms and Conditions at the time you are deemed legally an adult.

By agreeing to these Terms and Conditions of Proktor Amanin, you also agree to additional terms and conditions, including terms and conditions for each Service and any amendments thereto, which are an integral part of these Terms and Conditions (hereinafter, collectively referred to as the "Terms and Conditions of Proktor Amanin," additional terms and conditions, and their amendments). Although they are an integral whole, additional terms and conditions will apply in the event of discrepancies with these Terms and Conditions.

By registering and using the Platform and Service of Proktor Amanin, you or your guardian or parent or trustee (if you are under 18 years old) represent that you have read, understood, comprehended, and comply with these Terms and Conditions. You or your guardian or parent or trustee (if you are under 18 years old) represent that you generally have the ability and full authority to enter into and comply with the terms, conditions, obligations, statements, representations, and warranties set forth in this Agreement. Your access may be terminated without notice if we find that you do not qualify to enter into this Agreement or use the Platform and Service.

These Terms and Conditions of Proktor Amanin apply when you view or use the Platform and Service through our website located at amanin.id or other websites, or other forms provided by Proktor Amanin. Please carefully review the following terms. By accessing or using the Platform and Service, you signify your agreement to these Terms of Use. If you do not fully agree to be bound by these Terms and Conditions, you should refrain from accessing or using our Platform and Service.

3. Usage of Platform and Service

Any access and use of Proktor Amanin`s Platform and Service is subject to these Terms and Conditions.

By complying with the provisions in these Terms and Conditions, you are granted a non-exclusive, limited, non-transferable, and freely revocable license to access and use the Platform and Service for business or personal purposes. Each person must have a unique account, and you are responsible for all activities conducted on your account. You are not permitted to authorize others to access or use the Platform and Service using your unique username, password, or other security code.

4. Security and Privacy Policy

Proktor Amanin implements physical, technical, and administrative security measures designed to protect your information from unauthorized access, destruction, use, modification, or disclosure. You can learn more about the protection of our Services and your information in the Proktor Amanin Privacy Policy.

The Proktor Amanin Privacy Policy explains how we collect, use, share, maintain, disclose, and store your personal data. .

By registering for and/or using the Platform and Service of Proktor Amanin, you consent to and agree to our Privacy Policy, and you are notified and acknowledge that the collection, sharing, and processing (which may include organizing, structuring, storing, using, or disclosing) of your personal data will be subject to our Privacy Policy.

5. Account Information

You may be required to provide information about yourself to register and access or use the Platform and Service of Proktor Amanin. You represent and warrant that such information, including Customer Data, is and will remain accurate and complete, and that Proktor Amanin has no responsibility whatsoever for errors and omissions in your Customer Data. You may also be required to select a username and password to access or use our Platform and Service. We may refuse or require you to change such username or password in accordance with our policy. You are solely responsible for maintaining the security of your username and password, and you agree not to disclose or make your username or password accessible to any third party.

6. System Specifications

Your use of the Platform and Service requires one or more compatible devices, Internet access, and specific third-party software, and you may be required to obtain updates or upgrades from time to time for the Platform and/or Service or third-party software, which may result in additional costs to you. Because the use of the Platform and Service involves hardware, software, and Internet access, your ability to access and use the Service and Software may be affected by the performance of these items. High-speed Internet access is recommended. You are solely responsible for any costs that may apply to access or use of the Platform and Service, including costs for hardware, software, or Internet access. You agree that these requirements are your responsibility, and Proktor Amanin may, at its discretion, terminate the availability or compatibility of the Platform and Service on certain operating systems, devices, or platforms.

7. Links to Other Sites and/or Other Material

As part of the Platform and Service, we may provide you with links and access to third-party websites ("third-party sites") as well as content or materials owned or originated from third parties ("links, access, applications, third-party software, or content"). These links are provided as a service to our Platform and Service customers.

We do not control third-party sites or third-party applications, software, or content, or promotions, materials, information, goods, or services available on third-party sites or third-party applications, software, or such content. Third-party sites and third-party applications, software, or such content are not investigated, monitored, or reviewed for accuracy, appropriateness, or completeness, and we are not responsible for third-party sites accessed through the Platform and Service or third-party applications, software, or content posted on the Platform and Service, available through the Platform and Service, or installed from the Platform and Service, including content, accuracy, offensive nature, opinions, reliability, privacy practices, or other policies of or contained in third-party sites or third-party applications, software, or such content, inclusion, linking, or permission to use or install third-party sites or third-party applications, software, or such content does not imply approval or endorsement by us. If you choose to leave the Platform and Service and access third-party sites or use or install third-party applications, software, or any such content, you do so at your own risk, and you should be aware that our terms and policies, including these Terms and Conditions, no longer govern. You should review the applicable terms and policies, including data collection and privacy practices, of any third-party sites you visit from the Platform and Service or related to applications you use or install from such third-party sites.

8. Recording

You are responsible for complying with all laws governing monitoring or recording as a Supervisor and/or Test Administrator. By using the Platform and Service, you grant permission to Proktor Amanin to store recordings. You will receive notice (visually or otherwise) when recording is activated. If you do not consent to being recorded, you may choose not to use the Platform and Service.

By using our Platform and Service, you consent to us recording and being recorded as part of the Platform and Service. If you do not consent, you may choose not to use the Platform and Service.

9. Payments and Fees

Proktor Amanin provides both free and paid services. You can learn more about the various subscription offers from Proktor Amanin at https://amanin.id/priceplan.

  1. Subscriptions and Renewals. Your subscription will automatically renew every month. You can cancel your subscription anytime. If you cancel your subscription, you will not receive a refund or credit for the billed amount.
  2. Charges. You agree that We may charge your credit card, debit card, or other payment methods selected by you and approved by Us ("Payment Method") for all amounts due and related to your use of the Services, as set forth in the applicable Order Form or used or ordered by you through the Services, including other fees related to the Services or your account ("Fees"). You agree to promptly update your Payment Method to enable timely payment. Changes made to your Payment Method will not affect Fees submitted by Us to the Payment Method you selected before We could reasonably act on your changes. In addition, you agree to allow Us to use updated Payment Method information provided by the issuing bank or applicable payment network and to charge your current primary Payment Method using the details of the Payment Method stored in our system, even if the Payment Method is declined. We also reserve the right to use your backup Payment Method. By adding a backup Payment Method, you authorize Us to process applicable Fees on your backup Payment Method if your primary Payment Method is declined.
  3. Cancellation. You may stop using the Services and/or cancel your subscription at any time through your account settings. If you cancel your subscription, you are not entitled to a refund of fees already paid, and any unpaid fees will become immediately due and payable.
  4. Price Changes. Proktor Amanin reserves the right to change its prices at any time. If you are subscribed, price changes will not take effect until the next renewal or thirty (30) days after notice, whichever is later.
  5. Promotional Rates and Discounts. The prices specified in the Order Form may include promotional rates, discounts, sales, or special offers, which may be temporary and may expire according to the terms of the offer. Expiration of discounts or promotional pricing may occur without additional notice to you, unless specified in the Order Form or as required by applicable Law. We reserve the right to discontinue or modify any promotion, discount, sale, or special offer, according to its policies.

10. Prohibited Uses

  1. Use the Platform and Service in violation of these Terms and Conditions;
  2. Modify, adapt, reverse engineer, decompile, prepare derivative works, make improvements, extract innovations from, alter the source code, processes, data sets or databases, management tools, development tools, servers or hosting sites, or attempt to access the underlying technology of the Platform or Service;
  3. Intentionally or negligently use the Platform or Service in a manner that abuses, disrupts, or interferes with the Proktor Amanin network, your account, Participant accounts, or other user rights, or the Service;
  4. Engage in activities that are illegal under applicable Law, fraudulent, fake, or deceptive;
  5. Transmit through the Platform or Service any material that may infringe upon, take over, or violate the Intellectual Property Rights of third parties;
  6. Develop or measure products or services that compete, or copy features, functions, or graphics of the Platform or Service;
  7. Use the Platform or Service for the development, production, or marketing of services or products substantially similar to the Platform or Service;
  8. Use the Platform or Service to convey messages or material that is abusive, defamatory, threatening, obscene, indecent, will violate or infringe upon the Intellectual Property Rights of any party, or otherwise violates the law, or will cause civil or criminal liability, under any applicable Law;
  9. Upload or send any software, content, or code intended to damage, disable, destroy, or adversely affect the performance of the Platform and Service in any way or intended to harm or extract information or data from the hardware, software, networks, or other users of the Platform and Service;
  10. Engage in activities or use the Platform, Service, or your account in any manner that may damage, disable, burden, impair, or interfere with the Platform, Service, or any server or network connected to the Platform, Service, or Proktor Amanin's security systems;
  11. Use the Platform and Service in violation of Proktor Amanin policies or in a manner that violates applicable Law, including anti-spam, import and export controls, intellectual property, privacy, anti-terrorism, anti-bribery, foreign corrupt practices, and any other Law requiring consent from subjects of audio and video recording;
  12. Remove, delete, modify, or obscure any Intellectual Property notice provided on or with the Platform or Service, including copies thereof;
  13. Make, use, or offer the Platform and Service for rent, lease, or sale, or reproduce, resell, distribute, publish, display, deliver, transfer, license, lend, use jointly or use the Platform and Service for commercial purposes or other purposes not explicitly permitted by these Terms and Conditions; or atau
  14. Make the Platform or Service, or any features or functionalities thereof, available to third parties for any reason or in any manner, except as expressly permitted by these Terms and Conditions or otherwise expressly agreed in writing by you and Proktor Amanin.

11. Responsibilities Regarding Service Usage and End Users:

  1. You will, and you will ensure your End Users, comply with and ensure compliance with these Terms and Conditions. Use of the Platform and Service is declared illegal in places where prohibited. You are responsible for your access and the access of your End Users to the Platform and Service. You are responsible for the activities of all your End Users, including ensuring that all End Users comply with these Terms and Conditions and Proktor Amanin's applicable policies. You acknowledge that you remain responsible for the actions and omissions of any third party that you allow, enable, or otherwise provide access to the Platform and Service, whether such access is expressly permitted by Proktor Amanin or not.
  2. Proktor Amanin is not responsible or liable for violations of these Terms and Conditions by End Users or other third parties that you allow, direct, or may provide access to the Platform and Service. If you become aware of any violation of these Terms and Conditions in connection with someone's use of the Platform and Service, you must contact us.
  3. Under no circumstances will Proktor Amanin be liable for data or other content viewed while using the Platform and Service, including errors or omissions in such data or content, or loss or damage of any kind arising from the use, access, or denial of access to any data or content.
  4. Proktor Amanin may investigate any complaints and violations that we notice and may take any action, at our own discretion, including giving warnings, suspending or terminating the Platform and Service, deleting the relevant data or content, terminating the End User account or profile, or taking other reasonable actions according to our policies.

12. Limitation on Your Posts, Content, and Behavior

When you create an account, you are fully responsible for the posts, content, links, and information you post, upload, link to, or otherwise make available through the Platform and Service.

You agree that we only act as a passive conduit for online distribution and publication of your content, links, and information. However, we reserve the right to remove any of your content from the Platform and Service at our sole discretion.

We grant you permission to use and access the Platform and Service, subject to the following terms regarding your posts, content, and behavior. You agree that failure to comply with any of these terms constitutes a material breach of these Terms and Conditions.

By submitting and transmitting any posts, content, links, or information when using the Platform and Service, you agree as follows:

  1. You are fully responsible for your account and the activities that occur when logged in or using your account;
  2. ou will not post malicious, defamatory, false, or inaccurate information;
  3. You will not post harmful, threatening, obscene, defamatory, or racially, sexually, religiously, or otherwise offensive and objectionable information;
  4. You will not send content protected by copyright or subject to the ownership rights of third parties, including privacy, publicity, trade secret, or other rights, unless you are the owner of such rights or have appropriate permission from the rightful owner to specifically submit such content; and
  5. You hereby agree that we have the right to determine whether your submission of posts, content, links, and information complies with and complies with our Terms and Conditions, remove any or all of your submissions, and terminate your account with or without prior notice.
  6. You understand and agree that any liability, loss, or damage that arises as a result of your use of posts, content, links, and information that you provide or access through the use of the Platform and Service is entirely your responsibility. We are not responsible for the public display or misuse of your posts, content, links, and information. We cannot and do not perform pre-screening or monitoring of all your posts, content, links, and information. However, at our discretion, or technology we apply, we or that technology may monitor and/or record your interactions with the Platform and Service or with other users.

13. Marketing

You grant permission to Proktor Amanin and the right to:

  1. Identify you as a customer and use your logo across all Proktor Amanin marketing materials (e.g., Proktor Amanin website, emails, presentations, brochures), and
  2. Develop content about your experience as our customer (e.g., written case studies or video case studies). Any content created pursuant to clause (b) of this Section 13 will be created in collaboration with you and used only upon your approval.

14. Intellectual Property Rights

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights related to the Platform and Services, including copyrights, trademarks, and other proprietary rights. The names of other products and companies mentioned on the Platform and Services may be the trademarks of their respective owners. We reserve all rights not expressly granted to you under these Terms and Conditions.

By posting any posts, content, links, or information through us, you expressly grant, and you represent and warrant that you have the right to grant, to us a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such posts, content, links, and information, and your name, voice, and/or likeness as contained in such posts, content, links, and information, if applicable, in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for use in connection with the Platform and Services.

15. EMAIL MUST NOT BE USED FOR NOTIFICATION

Communications through our email and messaging system will not constitute legal notice to us, the Platform, the Services, or any of our officers, employees, agents, or representatives in any situation where legal notice is required by contract or any law or regulation.

16. USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For contractual purposes, you:

  1. Consent to receive communications from us in electronic form via the email address you provide; and
  2. Agree that all Terms and Conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirements that such communications would fulfill if they were in writing. This does not affect any rights you cannot waive.

We may also use your email address to send you other messages, including information about the Platform and Services and special offers.

17. DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICES INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM DOWNLOADING AND/OR USING FILES, INFORMATION, CONTENT, OR OTHER MATERIAL OBTAINED FROM THE SERVICES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF WARRANTIES, SO THIS PROVISION MAY NOT APPLY TO YOU.

18. LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PLATFORM, SERVICES, AFFILIATES, COMMISSIONERS, DIRECTORS, OR EMPLOYEES, OR LICENSORS, OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM:

  1. THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT;
  2. YOUR USE OR INABILITY TO USE THE SERVICES;
  3. THE SERVICES GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICES AVAILABLE; OR
  4. ANY OTHER INTERACTIONS WITH OTHER USERS OR WITH OTHER USERS OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY PROVIDED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

    5. If you have a dispute with one or more users, products, or services that you review using the Platform and Services, you release us (and our officers, commissioners, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way related to such disputes.

19. MODIFICATION OF TERMS OF USE

We reserve the right to amend these Terms and Conditions at any time. If any amendments are made, we will update these Terms and Conditions accordingly. It is your sole responsibility to periodically review the Platform and Services to stay informed about any changes. By continuing to use the Platform or Services, you agree to accept any revised Terms and Conditions. We will attempt to notify you of any significant changes to the Terms by posting a notice on the homepage and/or by emailing the address you provided during registration. Therefore, it is important to keep your contact information and profile current. Any modifications to these Terms and Conditions, or any waiver of our rights under these Terms, will only be valid or effective if made in a written agreement signed by one of our officers. No waiver or modification of this agreement made through phone or email communication will be considered valid.

20. Others

If any part of this Terms and Conditions agreement is deemed or found to be invalid or unenforceable, that portion of the agreement will be interpreted in a manner consistent with applicable law while the remaining portions of the agreement will continue to be in full force and effect. Our failure to enforce any provision of this agreement will not be construed as a waiver of our right to enforce such provision. Our rights under this agreement will survive any transfer or termination of this agreement.

These Terms of Use and your use of our services are governed by the laws of Indonesia, without regard to its conflict of law principles.

We may assign or transfer these Terms and Conditions and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or transfer any rights or obligations under these Terms and Conditions or the Privacy Policy without our prior written consent, and any unauthorized assignment or transfer by you is null and void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS AND CONDITIONS, AND AGREE TO BE BOUND BY THEM. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US, AND THAT IT SUPERSEDES ANY PRIOR PROPOSALS OR AGREEMENTS, WHETHER ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

21. Definitions

“Proktor Amanin Platform” refers to the entire environment, infrastructure, web products, content, technology, features, media, and social networks owned and operated by Proktor Amanin.

“Proktor Amanin Services” means the products or services provided, and everything that can be accessed or used by users of Proktor Amanin.

“User” refers to any party that registers for and uses the Proktor Amanin Platform and Services.

“End User” means all Exam Participants, Exam Supervisors, and Exam Administrators involved in exams conducted by the Exam Creator.

“Exam Participant” refers to any party granted access by the Exam Creator to participate in the online exam.

“Exam Supervisor” refers to any party granted access by the Exam Creator or Exam Organizer to oversee the online exam.

“Exam Creator” or “Exam Organizer” means any party that creates online exams on the Proktor Amanin Platform and Services.

“Services” refers to all services provided by Proktor Amanin.

“Customer Data” means the data and information regarding users of the Proktor Amanin Platform and Services.