T&C Channel
Welcome to the Indonesia Energy Transition Implementation Joint Office (“IET”, ”we”, ”us”, ”our”) Channel (“Channel”).
By downloading, registering, browsing, accessing or using this Channel, you are considered to have read, understood, and agreed to be bound by all the contents of these Terms and Conditions of Use (“Terms and Conditions”). We reserve the right to amend these Terms and Conditions at any time.
If you disagree with any part or all of these Terms and Conditions, you must immediately discontinue your access to the Channel and your use of the Services offered on the Channel.
A. Definition
All capitalized terms in these Terms and Conditions refer to the following definitions:
1. Project Owner, is an entity that possesses ownership of the project.
2. Developer, is an entity seeking a collaborative partnership with a Project Owner to develop a project
3. Financier, is an entity that possesses financial products ready to be offered
4. Service, refers to the various functions, features, or offerings provided by the IET Channel to its users
5. User, refers to any individual who accesses and interacts with the IET Channel
6. Information Provider, is a user who inputs the information about financial project or product
7. Personal Data, refers to any true and actual information identifiable to individuals, either directly or indirectly, based on one or a combination of identifiers, whether through electronic or non-electronic systems. This includes but is not limited to, a person’s name, username, email address, and phone number.
B. Channel Description
IET is a national special agency of Indonesia that is subject to the laws of the Republic of Indonesia. IET aims to support the acceleration of the implementation of the energy transition in the electricity sector. IET serves as a one-stop gateway and epicentrum of synergy to minimize search costs and enhance coordination efficiency among all parties involved in national energy transition projects that require funding. Therefore, IET has created a Channel in the form of a website to serve as a hub for bringing together Financiers, Project Owners, and Developers.
This Channel serves as a global entry point for Financiers to participate in the implementation of national energy transition projects from a funding perspective, as well as for Project Owners and Developers in terms of project execution.
The Channel and Services are provided to you subject to compliance with these Terms and Conditions.
C. Project and Financial Product Information Sharing
As part of the Services offered on the IET Channel, Users may share various categories of information that are essential for the facilitation of energy transition projects. These Terms and Conditions regulate the sharing and accessibility of project and financial product information (Project and Financial Product Information) by the Users.
To ensure confidentiality and proper access control, all data shared through the IET Channel is divided into three tiers based on its sensitivity level:
Tier 1: Accessible to general visitors, this includes basic information that is non-sensitive and open to the public.
Tier 2: Accessible to registered Project Owners, Developers, and other approved users. These users have access to both Tier 1 and Tier 2 information, which contains more detailed project and financial data.
Tier 3: Accessible exclusively to Financiers, these users can access all tiers (1, 2, and 3). This tier contains the most sensitive data, including specific financial and project-related details critical for funding decisions.
Project Information Sharing
Project Information, provided by Developers or Project Owners, will be categorized into three tiers.
a. Tier 1: Basic information such as project name, technology, location (on/off-grid), and installed capacity.
b. Tier 2: More detailed data such as grid projects (grid length, voltage), power parameters (connection availability, generation mix), project developers’ background (shareholders' names, country of origin), and land acquisition status.
c. Tier 3: Sensitive details including the total project cost, leverage ratio, expected financial close, and pre-assessment (environmental/social due diligence, impact assessments).
Financial Product Information Sharing
Financial Product Information, shared by Lenders or Financiers, is only available in Tier 2. This includes:
· Proposed financing schemes
· Amount limits
· Purpose of financing
· Tenor, indicative rates, and fees
· Covenants, terms, and conditions
D. Data Processing and PDP Law Compliance
In compliance with Law No. 27 of 2022 on Personal Data Protection (PDP Law), IET Channel ensures that any Personal Data shared will be processed lawfully, fairly, and transparently. It is important to note that not all data shared on the Channel constitutes Personal Data as defined by the PDP Law. However, in cases where the data provided falls under Personal Data, meaning it pertains to an identifiable individual or subject, the IET Channel will handle and process such Personal Data in accordance with the PDP Law.
Users are reminded to ensure that sensitive Personal Data is shared only within the appropriate tier and to provide only relevant and appropriate data for its intended purpose. Users also have the right to access, rectify, and request the deletion of their Personal Data in compliance with the PDP Law.
In compliance with PDP Law and the relevant data protection laws, the following provisions will apply:
1. Purpose of Data Collection: The data collected on this Channel, including Project and Financial Product Information, will be used strictly for the purposes of facilitating communication and collaboration between Project Owners, Developers, and Financiers.
2. Lawful Processing: Personal Data shared in connection with the Channel is processed based on the User's consent or other lawful grounds, such as contractual necessity or legitimate interest, as provided by PDP Law.
3. Data Sharing: All tiers of information are subject to data protection measures. By agreeing to these Terms and Conditions, Users consent to the controlled sharing of project or financial data with other authorized users within the Channel's ecosystem.
4. User Rights: Users maintain the right to access, rectify, or request the deletion of their Personal Data at any time, as well as the right to restrict or object to the processing of their data, in line with PDP Law.
To access the Channel, Users must complete a registration process and agree to these Terms and Conditions. Users must provide accurate and complete information, including their full name, email address, phone number, and business or institution name.
By using the IET Channel, Users agree to the following terms regarding data submission, processing, and visibility:
· Data Submission: When Users submit data, whether it be Project and Financial Product Information, or Personal Data, they acknowledge that such data may be processed and used to facilitate collaborations, financing, and project execution.
· Data Processing and Usage: The data submitted by Users will be processed by the IET Channel to deliver the Services offered. This may include displaying project or financial data to other users, matching projects with Financiers, and promoting collaboration among parties. Data may also be analysed internally to improve Channel performance and efficiency.
· Data Visibility to Other Users: Depending on the tier classification, data submitted by users will be visible to others as specified in Section C of these Terms and Conditions. Users consent to their data being viewed and processed by the appropriate parties within the Channel.
E. User Obligations
Other than the above, Users are also obligated to comply to the following:
a. IET Channel Users are fully responsible for the confidentiality, security and misuse of their User ID and Password.
b. IET Channel Users can change their Password periodically to maintain confidentiality and prevent misuse by other parties.
c. Users of the IET Channel services are required to promptly notify the IET Channel administrator upon becoming aware of any misuse of their User ID by others or encountering other issues related to their User ID.
d. IET Channel Users are prohibited from doing the following things:
i. using a fake email;
ii. using fake contact data that does not represent the company;
iii. misusing company data illegally;
iv. taking personal advantage and causing harm to the company and/or IET
By using the Services, you agree to be bound by these Terms and Conditions and any other terms, conditions, and guidelines applicable to the Services, which may be amended or updated by IET from time to time at its own discretion.
F. Confidentiality and Privacy
(i) Confidentiality
Unless otherwise stipulated in this Terms and Conditions, IET and/or User will maintain the confidentiality of data and Personal Data and will not share it with third parties, except when IETbelieves in good faith that the disclosure of data and Personal Data or any other information collected by IET about the User is required for:
a. Complying with court decisions or other legal processes;
b. Protecting the rights, property, or safety of IET;
c. Enforcing agreements, including Terms and Conditions;
d. Responding to claims that there are postings or other content that violate the rights of third parties; or
e. Permitted use according to these Terms and Conditions.
(ii) Privacy
Users agree to the applicable laws of the Republic of Indonesia and any changes published by IET. Users agree that IET may use and manage data and Personal Data in accordance with the Terms and Conditions as part of the Service. Users grant permission to IET to combine the information they enter or upload for the Service with other Users and/or other IET services.
G. Intellectual Property Rights
All Intellectual Property Rights associated with the Service, Channel, Applications, and any documentation related to the Service, including but not limited to text content, graphics, images, videos, logos, remain the property of IET and its licensors and are protected by copyright laws and other relevant regulations. IET does not grant you ownership rights to the Intellectual Property owned by IET. By agreeing to these Terms and Conditions, we assume that you understand that you do not acquire ownership rights by downloading content from the IET Channel.
IET grants users a limited license to use the IET Channel, or you are granted a limited license to download and print copies of content from the IET Channel for personal use. In the event that you copy or print pages from the IET Channel, you must ensure that you include IET's copyright or trademark in the content you reproduce.
All Intellectual Property Rights associated with the Content entered into or uploaded by the Service User onto the Channel remain the property of the Service User who uploaded it and are protected by copyright laws and other relevant regulations.
Any person is prohibited from using the content available on the Channel beyond the explicitly permitted terms of these Terms and Conditions and Applicable Law, including duplicating, distributing, modifying, broadcasting, reusing, transferring, or creating derivative works of the content on the Channel and any documentation related to the Service without written permission from IET.
The Agreement does not grant any party, whether expressly or implicitly, ownership or any other interest in the Intellectual Property of any party that may be included or contained therein. It is understood that such Intellectual Property will always remain the exclusive property of its owner, and the party will retain all goodwill vested through the use of the Intellectual Property.
H. Limitation of Liability
IET is not responsible for the accuracy of information, images, and descriptions, including but not limited to details regarding titles, descriptions, estimated costs, addresses, and phone numbers provided by information providers, in this case, project owners, developers, and financiers. You are advised to directly contact the information providers to verify the information you are seeking.
Any information provided by Users on the Channel regarding a company, entity, and/or their products or services does not constitute an endorsement or support, nor implies endorsement or support, of the quality or suitability of that individual, company, or entity, or of its services or products. The responsibility for the content and/or material presented by Users ('Material') lies entirely with the Users.
IET is not involved in the agreement and transaction processes between Users, but IET has the right to be informed about the status of information presented on the Channel by all Users. Commitments for agreements that occur through the Service or as a result of visits and successful bids submitted by Users are freely made between the Users.
The information, images, and other descriptions found or published on this Channel may also contain inaccuracies or typographical errors. Information providers may make changes or corrections and/or update the information listed on the Channel periodically. IET is not liable for updating Material that has become outdated or inaccurate.
I. Jurisdiction and Applicable Law
The Terms and Conditionsand the relationship between Users and IET are subject to, regulated by, and compliant with the laws of the Republic of Indonesia, and Users agree to be bound by the legal jurisdiction of the Republic of Indonesia. In the event of a dispute in the interpretation and implementation of these Terms and Conditions the parties agree to resolve it through amicable negotiation.
J. Other Terms
a. The IET Channel will display project information, financial products, and/or a list of Project Owners, Developers, and Financiers, as well as send specific information through IET's official email.
b. Users who are listed on the Blacklist are not allowed to re-register on the IET Channel. In the event that a User is blacklisted after registration, their access will be revoked.
c. Users agree to and are responsible for all data and Personal Data uploaded through the use of the Application. Users understand and agree that by entering and/or uploading data/information into the IET Channel, IET may use such data and information for the purposes of data processing and analysis, including but not limited to internal IET, auditors, consultants, and/or other parties regulated by applicable laws.
d. IET may cancel/abort any ongoing processes on the Channel Services due to specific circumstances that prevent the continuation of the service execution process.
e. The material displayed on the Service is solely for informational purposes to facilitate the connection between Project Owners, Developers, and Financiers, assisting Users in deciding whether to submit or not to submit bids for products offered by Information Providers on the Service. If the User uses the information on the Service for purposes other than those stated in the paragraph above, we may restrict your access to the Service and take legal action as necessary against your actions.
f. IET has the right to regularly update and/or modify the appearance and/or Services and/or content of the Services at any time, to provide better service to each user. If necessary, IET may suspend access to the Services or temporarily close it for an indefinite period.
g. The Service may contain links (hyperlinks) to sites and/or other resources provided by users, affirming that such links (hyperlinks) are provided solely for the information of users. IET disclaims any obligation to control the content of sites and/or resources that arise from the links (hyperlinks) in the Service. IET is not responsible for any loss and/or damage that may arise from the use of the Service.
h. Users are expected to check this page from time to time to take note of any changes, as they are binding on users. Some of the provisions in these Terms and Conditions may be superseded by terms or notices published elsewhere in the Service.
i. Users are not allowed to attempt to disrupt the functioning of the IET Channel. This includes sending search requests via robots/crawlers to obtain content or Personal Data on the Service and disseminating viruses that may disrupt the Channel's operation.
THE TERMS AND CONDITIONS ARE ELECTRONICALLY MADE AND AGREED UPON BY THE USER IN A HEALTHY AND CONSCIOUS STATE, WITHOUT ANY COERCION FROM ANY PARTY WHATSOEVER.
BY PROVIDING ELECTRONIC APPROVAL, WHETHER THROUGH THE CHECKBOX MECHANISM (√) OR THROUGH OTHER ELECTRONIC APPROVAL MECHANISMS FOR THESE TERMS AND CONDITIONS, THE USER HEREBY DECLARES AGREEMENT AND HAS READ, UNDERSTOOD, AND FULLY ACCEPTED EACH AND EVERY CONDITION AND PROVISION.
