1.2. The term:
1.2.1. “Account” means your account registered and maintained with the Company for the Services.
1.2.2. “Authorised User” means any person authorised by you from time to time to use the Services in relation to your Account.
1.2.3. “Company”, “we”, “our” or “us” means PT. Kharisma Catur Mandala or its successors and assigns.
1.2.4. “Content” refers to any information, images, links, sounds, graphics, videos, software, user interfaces, visual interfaces, computer code or other materials including quotes, news and research data that is available on the Platform.
1.2.5. “Disbursement Service” means the Money Transfer service provided by the Company to the Merchant which, where so required, may be effected through one or more Money Transfer Partner(s).
1.2.6. “Electronic Instruction” means any instructions, communications, instructions, orders, messages, data, information or other materials from the Merchant or any Authorised User to the Company in relation to the Services.
1.2.7. “End Customer” means any entity or person that sends money to the Merchant in connection with the purchase of goods and/or services from the Merchant.
1.2.8. “FX Provider” means a currency exchange services provider that the Company may partner with to enable the Merchant to convert one currency to another (for example, to convert Indonesian Rupiah to United States dollars and vice versa).
1.2.9. “Group” means the Company and its related entities, including its subsidiaries, its holding company and its subsidiaries, in each case wheresoever situate.
1.2.10. “Money Transfer” means the electronic transfer of funds.
1.2.11. “Money Transfer Partner” means, where applicable, the relevant entity which disburses, processes or facilitates the transfer of funds to the relevant recipient’s account.
1.2.12. “Payment Gateway Service” means the service of processing electronic payments made by the Merchant’s End Customers to the Merchant.
1.2.13. “Platform” means the electronic platform available at www.aspireapp.com/id (or such additional or replacement website) through which the Services are available, and includes mobile applications that allow such electronic platform to be accessed.
1.2.14. “Pre-Fund Amount” means the funds placed by the Merchant into an account under the name of the Company with such by bank as determined by the Company, on which no interest will accrue, and will be used by the Company for settlement of the Disbursement Services used by the Merchant; and the terms “Pre-Fund” and “Pre-Funding” shall be construed accordingly.
1.2.15. "Provider" means:
a) any person from whom we may obtain a right or licence to operate the Platform, including but not limited to Aspire FT Pte. Ltd. and is related companies, parent companies and subsidiaries;
b) the relevant Money Transfer Partner(s) or any other person (individual or non-individual) which provides services and/or products, directly or indirectly, through the Platform;
c) any person with whom we partner or to whom we outsource certain functions or activities to allow us to operate and/or provide the Platform and the Services;
d) any government, regulator, law enforcement agency, financial institution, and ancillary service provider (for example, telecommunication, internet access, cloud network, logistics, facilities management, data centres, system hosting, call centres, equipment and software providers), agent or subcontractor involved in the provision of the Services; and/or
e) our agents or storage or archival service providers for the purpose of making, printing, recording, mailing, storage, and/or filing any documents or items on which such information appear.
1.2.16. “Services” means the Disbursement Services, the Payment Gateway Services and such other services as may be made available on or via the Platform from time to time.
1.2.17. “Transaction” means any transaction made using a Service available on the Platform, including but not limited to Money Transfer, and card or other electronic payment transactions made by an End Customer to you.
1.2.18. “User”, “Merchant,” “you” and “your” refer to you as the user or subscriber of the Services, and includes the company, organization, or any other form of entity in which name your Account is registered.
1.3. Headings are inserted for ease of reference only and shall not affect the interpretation of the relevant provision.
1.4. Any references to a clause, provision or paragraph shall be a reference to the clause, provision or paragraph of this Agreement.
1.5. Words that denote plural form shall, unless the context determines otherwise, include the singular form and vice versa.
1.6. Any reference to a party shall include a reference to an individual, firm, company, business entity, regulatory body, government agency, civil partnership, or other legal entity as the context may so require
2.1. Your use of the Platform and Services is subject to terms of this Agreement. You will be responsible for all Transactions made by you or, from our view, authorized by you. By using the Platform and Services, you are deemed to have accepted and agree to be bound by the terms of this Agreement. If you do not agree to be bound by this Agreement, you should not access or use the Platform or any of the Services.
2.2. We may amend, supplement and/or revise any part of this Agreement at any time with notice, and such changes shall take effect on the date specified in the notice. Any such notices and updated terms will be published on the Platform. If you do not agree to changes made to this Agreement, you must notify us and discontinue your use of the Platform and all Services. Your use of the Platform following changes to this Agreement will constitute your acceptance of those changes.
2.3. Certain Services may be provided by one or more Providers, and may be subject to additional terms and conditions as the relevant Provider(s) may prescribe (“Partner Terms”). The Partner Terms may be enforced by the relevant Provider(s) against you directly. If you do not agree to the Partner Terms you should discontinue your use of the relevant Service(s). Your use of the relevant Service(s) will constitute your acceptance of the relevant Partner Terms.
3.1. You are responsible for ensuring that each of your Authorised Users is aware of and complies with this Agreement and (where applicable) the Partner Terms.
3.2. If you have allowed Authorised User(s) to give Electronic Instructions, you will be responsible for their actions and/or omissions, including any losses arising from any payments or Transactions initiated or effected from your Account which they may undertake.
4.1. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Platform and the Services. The Company reserves all rights not expressly granted herein and may terminate this license at any time for any reason or no reason.
4.2. Your Account gives you access to the Services and Platform functionality that the Company may establish and maintain from time to time. The Company may maintain different types of Accounts for different types of users. The Services and Platform functionality available to you will vary based on your Account type.
4.3. Access to the Platform and the Services may be available through different devices (for example, personal computers or mobile devices). The availability and features of the Platform and Services may vary depending on the type, system specifications and configuration of the device.
4.4. Your and your Authorised User’s access to the Platform and the Services may be limited and subject to the relevant laws and regulations of the country you or your Authorised User is located in. We will not be responsible for any fees, charges and expenses such as data roaming charges or any other charges which may be imposed by your telecommunication or other service providers in connection with the access and use of the Platform and the Services.
4.5. The Company reserves the right to impose limits on your and your Authorised User’s access to and use of the Platform based on criteria determined by the Company that does not have to be disclosed. Further, the Company reserves the right to change, suspend or discontinue any aspect or feature of the Platform or any Service at any time without notice and without liability.
4.6. Nothing herein shall be construed as a representation by the Company or any Provider that the information and materials contained in or accessed through the Platform is appropriate or available for use in the geographic area or jurisdiction you or your Authorised User is located. Accessing the Platform or Services from territories where its contents are illegal or unlawful is prohibited. If you or your Authorised User choose to access the Platform and/or the Services, you and your Authorised User do so on your respective initiative and are responsible for compliance with local laws.
4.7. The Company will use reasonable efforts to ensure that the Platform and Services are available to you at all times. However, the Platform will be unavailable during downtimes for scheduled or emergency maintenance and/or upgrades. In addition:
4.7.1. certain Services may be available only within certain hours, the cut-off times for which shall be indicated in the relevant section of the Platform or otherwise notified to you; and
4.7.2. there may be circumstances where we and/or the relevant Provider may have to (i) change the frequency and manner of use of the Services, and any Transaction limits; and/or (ii) suspend the Services without giving you or your Authorised User prior notice.
4.8. We may introduce new or different forms of authentication service (for example, a one-time password which may be sent to you by email) when you or your Authorised User wish to access the Platform and use the Services. We may replace the authentication service from time to time without prior notice to you or your Authorised User.
4.9. We shall have the right to decline your or your Authorised User’s access to the Platform and/or to decline to act on any Electronic Instruction without incurring any responsibility for loss, claim, liability, cost or expense arising out of so declining to act if:
4.9.1. the Electronic Instructions are unclear, incomplete (for example, it does not include the necessary prefix, code or such other identifier in order for us to identify the intended recipient of funds) or inconsistent with other instructions issued to us by you or your Authorised User(s);
4.9.2. the Electronic Instructions have lapsed, been rendered invalid due to failure to comply with applicable conditions or are cancelled by a regulatory or governmental body;
4.9.3. the Electronic Instructions cannot be processed due to any disruptions that are beyond our reasonable control;
4.9.4. allowing you or your Authorised User(s) access to the Platform, processing the Electronic Instructions and/or availing the Services might expose us or any of our affiliates to legal action or censure from any government, regulator or law enforcement agency, or result in us being subject to regulations or licensing requirements;
4.9.5. you, your Authorised User(s) or your affiliates are included on any blacklist or merchant alert list as may be maintained by the Indonesian Credit Card Association or of the Bank Indonesia;
4.9.6. you, your Authorised User(s), your agents or affiliates are subject to any economic sanctions administered by the Office of Foreign Assets Control of the US Department of Treasury, the Commission of the European Union or such other governmental or administrative authority; or
4.9.7. you or your Authorised User(s) have failed to comply with any term of this Agreement or any Partner Terms.
5.1. You agree that you will not, and will procure that none of your Authorised Users will:
5.1.1. interfere with or disrupt the operation of the Platform or the servers or networks used to make the Platform available, or violate any requirements, procedures, policies or regulations of such networks, or take any action that imposes an unreasonable or disproportionately large load on the Platform or any associated network;
5.1.2. transmit or otherwise make available in connection with the Platform any virus, worm or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, the Platform, any hardware, software, or equipment;
5.1.3. reproduce, duplicate, copy, sell, resell or otherwise exploit for any purposes, any portion of, use of, or access to the Platform;
5.1.4. modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Platform;
5.1.5. remove any copyright, trademark or other proprietary rights notice from the Platform or materials originating from the Platform, or infringe any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
5.1.6. create a database by systematically downloading and storing any data or content available on the Platform;
5.1.7. take any action that may cause the Company to lose any of the services from its internet service providers, payment processors, or other infrastructure suppliers;
5.1.8. use any manual or automatic device in any way to gather Platform content or reproduce or circumvent the navigational structure or presentation of the Platform; and
5.1.9. use the Platform or any Services to conduct or facilitate, whether directly or indirectly, any activity in contravention of any law, regulation or order of any court, governmental or administrative authority.
6.1. The Company and/or the relevant Provider may charge fees for the Services (“Fees”), including but not limited to transaction fees for every successful internet or card transaction using the Platform. The Fees will be notified to you via the Platform, via an order form when you subscribe for the Services, or communicated to you in other forms. The Fees may be subject to revision without prior notice to you or your Authorised Users. Your or your Authorised User’s continued use of the Services after any such revision constitutes your consent to the revised Fees.
6.2. The Fees (where applicable) will be invoiced to you for settlement in accordance with the terms specified on the Platform, the order form, or in the invoice. If you do not make payment of the Fees by the relevant due date, we may charge a late fee and interest on the overdue amount and be entitled to suspend your access to the Platform or use of the Services until the overdue amount is paid in full.
6.3. If any amount owed by you to the Company is outstanding, you agree that such outstanding amount may at the Company’s discretion be deducted from your funds held with or by the Money Transfer Partner(s) (whether directly or indirectly, through the Company or otherwise) and/or such other sums or account(s) that you maintain with the Company or any other Provider.
6.4. Unless otherwise notified to you, the Fees do not include goods and services, value-added, sales, use, or other similar taxes or duties, and any such taxes shall be assumed and paid by you in addition to the Fees, except those taxes based on the net income of the Company.
7.1. To utilise the Disbursement Services, the Merchant is required to Pre-Fund an account maintained by the Company with such bank(s) as specified by the Company. No interest will accrue or be payable to the Merchant in respect of such funds.
7.2. The Company shall have the right to apply the Pre-Fund Amount for the purpose of settling your Money Transfer instruction. The Company shall be entitled to decline to process your Money Transfer instruction if there is insufficient Pre-Funding.
7.3. If this Agreement is terminated for any reason, the Pre-Fund Amount will be repaid to the Merchant after deducting any outstanding payables (including any Transactions that have not been settled and any outstanding Fees) owed to the Company. In the event the Pre-Fund Amount is less than the total amount of outstanding payables, the Merchant shall immediately make payment of such difference to the Company.
8.1. Payments made by End Customers to the Merchant via the Payment Gateway Service shall, following settlement, be disbursed to the Merchant. The timelines for the disbursement of such payments will be notified to the Merchant via the Platform or communicated to the Merchant in other written form.
8.2. The Company shall be entitled to deduct any applicable Fee from such payments before disbursing the amount to the Merchant’s account.
9.1. All refunds and chargebacks will be deducted from the Merchant’s account(s) that the Merchant maintains with the Company or any other Provider (as applicable).
9.2. In respect of any card or electronic payment made by an End Customer to the Merchant via the Payment Gateway Service, the Merchant shall not provide any refund to the relevant End Customer directly whether in cash or otherwise.
9.3. In the case of a chargeback, the Merchant shall be required to repay the chargeback amount to the relevant bank, card network or payment intermediary, and the Company shall be entitled to deduct such amounts from the Merchant’s account(s) maintained with the Company or any other Provider (as applicable).
10.1. If you have given us Electronic Instructions to transfer funds from your account in error, we will use reasonable efforts to recover the sum for you. An Electronic Instruction may not be reversed, amended, cancelled or revoked if the Company reasonably determines that it would not be possible to give effect to any reversal, amendment or revocation (such determination may take into account factors relating to the Money Transfer Partner(s) involved in the transaction, if applicable).
10.2. You agree that if funds are credited to your account by mistake, we may, once we are aware of the mistake, immediately deduct the funds from your account. You further agree that you have no claim, rights or interest to funds credited to your account by mistake. We will tell you about the mistake and the amount we have deducted. If you have used or transferred the funds from your account, you must return the funds to us as soon as we have told you about the mistake.
11.1. We will use a FX Provider to perform foreign currency transactions that you wish to make. In requesting for foreign currency exchange services, you authorise us to instruct the relevant FX Provider to perform the foreign currency transaction on your behalf and shall be required to, at our request, provide such confirmation, instruction and documentation necessary to initiate and complete your foreign currency transaction.
11.2. You agree and acknowledge that your instructions and confirmations in respect of a foreign currency transaction are irrevocable, and that all foreign currency conversions are final and cannot be reversed.
11.3. Prior to the completion of any foreign currency transaction, where such completion will lead to or is likely to lead to an adverse effect on the Company (in each case, to be determined in our sole discretion), we shall be entitled to cancel (and/or instruct the FX Provider to cancel) the transaction. In such event, neither the Company nor the FX Provider will be liable for any losses incurred by you in respect of such cancellation or refusal to complete such foreign currency transaction.
12.1. You should ensure that your Account password is kept confidential and secure. If you discover or suspect any unauthorised or erroneous transactions from or to your Account, you must immediately contact us. Upon such discovery, you agree to take such steps to protect your Account, including changing any security codes, passwords to your email accounts and reporting such incidents to us immediately.
12.2. Where we are of the view that your Account and any associated security codes might have been compromised, in order to protect your Account, we may:
12.2.1. require that you and/or your Authorised Users identify yourselves by alternative means;
12.2.2. require any Electronic Instruction to be confirmed through alternative means; and/or
12.2.3. refrain from acting promptly upon any Electronic Instructions in order to confirm any Electronic Instructions, your identity and/or the identity of your Authorised Users.
12.3. In such circumstances, your Electronic Instructions might not be processed within expected periods and we will not be responsible for any inconvenience, loss, damage or injury suffered by you or any third party.
12.4. We shall retain the discretion to decline providing you with any Service where we have reasons to believe that you or any of your Authorised Users do not intend to use the Platform or the Services responsibly or in accordance with applicable laws and regulations.
13.1. You must:
13.1.1. maintain, adopt and implement anti-money laundering and countering terrorism financing programs, including, but not limited to know-your-customer (KYC) checks, as required under applicable laws and regulations;
13.1.2. furnish to the Company all information and assistance which the Company may require to implement anti-money laundering and countering the financing of terrorism programs or otherwise as required by law in relation to the role of the Company as a provider of Disbursement Services and Payment Gateway Services, and notify the Company of any changes to such information provided to the Company;
13.1.3. at the request of the Company, provide the Company with such information and assistance as may be required to perform its obligations under this Agreement and to comply with laws and regulations;
13.1.4. indemnify the Company against any losses which the Company may incur as the result of any fraud, act or omission on your or your Authorised Users’ part, including due to negligence or wilful misconduct;
13.1.5. not engage in any business or dealings that violate applicable laws and regulations including dealing in goods and services that are prohibited by the Company or the relevant Money Transfer Partner (e.g. dealing with firearms, drugs, counterfeit goods or pornographic materials, or dealing with parties who are subject to sanctions administered by any governmental authority); and
13.1.6. within 14 days of such change, notify the Company of any change to your corporate structure, any change in the type of business and/or goods or services offered, and changes in your shareholders and/or directors.
14.1. The Platform may provide links to other websites and online resources that are owned or operated by the Company’s partners or other third parties. Such linked websites are not under the control of the Company or its affiliates and we cannot accept responsibility for the contents of or the consequences of accessing any linked website or any link contained in a linked website. Furthermore, the hyperlinks provided on the Platform shall not be considered or construed as an endorsement or verification of such linked websites or the contents therein by the Company or its affiliates. You agree that your access to and/or use of such linked websites is entirely at your own risk and subject to the terms and conditions of access and/or use contained therein.
14.2. Save and except with our prior written consent, you may not insert a hyperlink to the Platform or any part thereof on any other website or "mirror" or frame the Platform, any part thereof, or any information or materials contained on the Platform on any other server, website or webpage.
15.1. The Contents on the Platform may not be reproduced, transmitted, published, performed, broadcast, stored, adapted, distributed, displayed, licensed, altered, hyperlinked or otherwise used in whole or in part in any manner without the prior written consent of the Company.
15.2. All trademarks, service marks and logos used on the Platform are the property of the Company and/or the respective third-party proprietors identified on the Platform. No licence or right is granted in respect of such property, and your access to the Platform and/or use of the Services should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademarks, service marks or logos appearing on the Platform without the prior written consent of the Company or the relevant third party proprietor thereof. Save and except with the Company's prior written consent, no such trademark, service mark or logo may be used as a hyperlink or to mark any hyperlink to the Company’s site or any other site.
16.1. We do not provide any warranty of any kind in respect of:
16.1.1. the Platform and the Services, including warranties of accessibility, quality, provision or performance of any Service;
16.1.2. any Content, including warranties of accuracy, adequacy, currency or reliability;
16.1.3. hyperlinks on the Platform to any other websites or content, which are not an endorsement or verification of such websites or content; and
16.1.4. any Provider’s services that may be available on the Platform.
16.2. THE PLATFORM AND THE SERVICES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARE PROVIDED “AS IS” AND THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY THAT THE PLATFORM AND THE SERVICES WILL OPERATE IN COMBINATION WITH YOUR HARDWARE, OTHER SOFTWARE, THIRD PARTY SERVICES, OR ANY END CUSTOMER MATERIAL. The Company makes reasonable efforts to ensure the Platform is free of viruses or other harmful components, but cannot guarantee that the Platform will be free from unknown viruses or harmful components. The Company cannot guarantee that the Services will not incur delays, interruptions, or other errors that are outside of the Company’s reasonable control and are inherent with the use of the internet and electronic communications.
16.3. You acknowledge and agree that we will not be liable to you or any of your Authorised Users for any loss, damage, cost or expense incurred or suffered in connection with:
16.3.1. the Platform or any of the Services not being available due to system or server maintenance or failure, the breakdown/non-availability of any network, any computer virus or malicious code, or any transmission interruption or failure;
16.3.2. the non-delivery, delayed delivery, misdirected delivery or the non-receipt of any of the Services;
16.3.3. any non-processing or delay in processing of Electronic Instructions by us or by any Provider through whom your Electronic Instructions are processed or transacted;
16.3.4. any transaction or Electronic Instruction initiated by you, your Authorised User or your End Customer being declined by any bank, financial institution, payment intermediary or other service provider;
16.3.5. inaccurate or incomplete Content, reliance on or use of the information provided on the Platform or any channel and medium for any purpose;
16.3.6. any disclosure of any information which you have consented to us collecting, using or disclosing or where such collection, use or disclosure is allowed under applicable laws;
16.3.7. any unauthorised and/or unlawful access to our machines, data processing system or transmission link;
16.3.8. any act of force majeure such as acts of God, war or warlike hostilities, civil commotions, riots, blockades, embargoes, sabotage, strikes, lock-outs, fire, flood, shortage of material or labour, power failures, delay in deliveries from sub-contractors; or
16.3.9. any event outside our control.
16.4. Any claims against or disputes that you may have with a Provider are to be settled between you and the relevant Provider. You agree that you will not claim against the Company or its affiliates in this respect.
16.5. In no event shall the Company be liable to you or any other party for any indirect, special, incidental or consequential damages, loss of profits or loss opportunity arising out of or in connection with your use of the Platform or any Service even if we had been advised as to the possibility of such damages or losses.
17.1. We will treat all Electronic Instructions as final and unconditional when we receive them through the Platform. This means we shall be entitled (but not obliged) to effect such Electronic Instructions without your further consent and notice to you.
17.2. Our records of Electronic Instructions and Services operations maintained by us or by any relevant person authorised by us shall be binding and conclusive on you for all purposes whatsoever.
17.3. When we deal with you, we will treat all such records as final evidence and you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of the contents of such records on the basis that such records were incorporated and/or set out in electronic form or are produced by or were the output of a computer system. You hereby agree to waive any of your rights (if any) to so object. This provision shall also apply to all records maintained by Providers where applicable.
18.1. You and each of your Authorised Users agree that any information provided to us may be disclosed to and used by the following parties:
18.1.1. credit bureaus and similar institutions to report or ask about your financial circumstances, and to report or collect debts you owe;
18.1.2. regulatory authorities, courts, and governmental agencies to comply with legal orders, legal or regulatory requirements, and government requests;
18.1.3. our service providers, affiliates, payment intermediaries, regulatory authorities and governmental agencies to detect and prevent fraud and any other criminal activity, and to protect the Company and its affiliates against such fraudulent or criminal activity;
18.1.4. our affiliates, subsidiaries, holding companies and related entities for marketing and risk management;
18.1.5. our service providers who perform services for us and help us operate our business and the Platform (including but not limited to cybersecurity, human resources, IT support and audit services);
18.1.6. any Partner or any Provider in order to allow you and your Authorised Users to access the Services and the Platform; and
18.1.7. banks, financial institutions, payment intermediaries, affiliates and/or other partners with whom we may jointly offer or develop products and services (but they may not use your personal data, in particular your email address, to independently market their own products or services to you unless you consent that they can do so); and/or
18.1.8. to our professional advisors (including our lawyers and insurers) to protect and advance our rights.
18.3. Without limiting the generality of the foregoing, in the event you wish to utilise such additional services provided by our related companies and affiliates (whether in the same jurisdiction or otherwise) via the Platform or otherwise, you acknowledge and consent to us sharing your know-your-customer and customer due diligence information you have provided us with such related companies and affiliates. Such related companies and affiliates may process and store the relevant information for the purposes of undertaking such due diligence checks as part of their own customer onboarding process, and for the purposes of availing their respective services to you. Such related companies and affiliates may require additional information and documents from you for the conduct of customer due diligence required by applicable laws, regulations, and pursuant to the contractual commitments of such related companies and affiliates related to the provision of their respective services to you.
19.1. If the Company, in its sole discretion, believes that you or your Authorised Users may have breached any provision of this Agreement or any applicable Partner Terms, we may act to protect ourselves, other users of the Platform and third parties. The action the Company may take includes but is not limited to:
19.1.1. closing, suspending, or limiting your and/or your Authorised Users’ access to your Account;
19.1.2. contacting any person who may have transacted with you;
19.1.3. warning other customers of the Company, law enforcement agencies, or impacted third parties of your and/or your Authorised Users’ actions;
19.1.4. updating inaccurate information you and/or your Authorised Users have provided to the Company;
19.1.5. taking legal action against you and/or your Authorised Users;
19.1.6. terminating this Agreement;
19.1.7. terminating or revoking access to any other product offered to you by the Company through or in connection with your use of the Platform;
19.1.8. fully or partially reversing a transaction carried out using the Platform; and/or
19.1.9. blocking your and/or your Authorised Users’ access to the Platform temporarily or permanently.
19.2. Where possible, the Company will provide you with the relevant information regarding the actions imposed, but we may be unable to do so in accordance with the appropriate law including avoiding disclosing protected third party information or interfering in the course of an investigation.
20.1. If you owe us any money, fees, interest, commission, costs, tax, charges or other amounts (whether due immediately or later), we have the right, at any time, without giving you notice, to set off and deduct from any of your account(s) the amount owed. For such purpose, you hereby authorize us to deduct any such outstanding amounts from the funds that we pay or collect on your behalf. To do this, we may also combine or consolidate all or any of your accounts with us. If we need to convert currency, we will do so using our currency exchange rate in force at the time at our discretion.
20.2. The Company is entitled to apply any and all payments it receives from or for your account in such manner and order and to such transactions as it may determine or select regardless of any specific appropriation made by you or any person making such payment(s).
21.1. This Agreement shall remain in force until your Account is terminated. The Company may, at any time and without giving any reason or notice, terminate your access to or use of the Platform (whereupon your Authorised Users will cease to have access to the Platform).
21.2. If we terminate your access to the Platform you will not have the right to bring claims against us, any other member of the Group or our affiliates with respect to such termination. The Group shall not be liable to you for any losses, costs, claims, expenses, fees or damages suffered or incurred in connection with any termination of your access to the Platform.
21.3. Upon termination of this Agreement, you shall settle all outstanding Fees, charges and interest in full.
22.1. Neither you nor any of your Authorised Users may assign or transfer any of your rights and obligations, whether in whole or in part, to any party without the Company’s prior written consent.
22.2. All rights of the Company and members of the Group under this Agreement may be assigned and/or transferred at its discretion without your or your Authorised User’s consent.
22.3. The illegality, invalidity or unenforceability of any provision of this Agreement under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction. If any one or more of the provisions contained in this Agreement shall be deemed invalid, unlawful or unenforceable in any respect under any applicable law, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired.
22.4. No failure on the part of the Company or any of its affiliates to exercise, and no delay on its part in exercising, any right or remedy under this Agreement will operate as a waiver thereof nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.
23.1. This Agreement is governed by and construed in accordance with Indonesian law.
23.2. Any dispute, controversy or claim arising out of, or in connection with this Agreement (a “Dispute”), shall be settled amicably by the parties within 30 (thirty) days after a party notifies the other Party of any such Dispute. However, if such Dispute cannot be settled amicably within such time period, such Dispute shall be referred to and finally resolved by arbitration through the Indonesian National Arbitration Board (“BANI”) established on 30 November 1997 pursuant to Decree of the Chamber of the Commerce (Kamar Dagang Indonesia) No. SKEP/152/DPH/1977 which rules are deemed to be incorporated by reference in this clause. The place of the arbitration shall be Jakarta and the language of the arbitration shall be Bahasa Indonesia. The arbitration shall be conducted before 3 (three) arbitrators who will be appointed in accordance with BANI Rules. The arbitral award rendered shall be final, binding and incontestable and may be used as a basis for judgment thereon in Indonesia or elsewhere. In the event that the Parties are in the process of resolving the disputes as referred to in this clause thus the Parties shall still conduct the obligations unless stipulated otherwise by the Parties.
Our acceptable use policy is available here.