GENERAL TERMS AND CONDITIONS OF THE MOPAY PLATFORM
This General Terms and Conditions constitute an agreement between the User and Mopay governing your access to and use of the Mopay Platform, website, mobile applications, APIs, and all related services. By registering an account, clicking 'I Agree', or otherwise accessing the services of Mopay Platform, you acknowledge that you have read, understood, and agree to be bound by this General Terms and Conditions and our Privacy Policy The General Terms and Conditions are as follows:
1. DEFINITION
All definitions and terms used in this General Terms and Conditions shall have the following meanings:
"Affiliate" means any party that directly or indirectly, controls, is controlled by, or is under common control with Mopay. The terms "control", "controlled by" or "under common control" mean the entire authority of a party (whether an individual, corporation or otherwise) directly or indirectly, by way of holding shares or having voting rights in respect of a company or entity or by virtue of the authority set out in the articles of association or other document, to manage the company or entity and to conduct the affairs of the company or entity in accordance with the wishes of the party or to direct the management or policies of the company or entity or the authority to reject or overrule the principal policies of the company or entity.
"Crypto Assets" means a digital representation of value that can be stored and transferred using technology that enables the use of distributed ledgers such as blockchain to verify its transactions and ensure the security and validity of the stored information, is not guaranteed by a central authority such as a central bank but is issued by a private party, can be transacted, stored, and transferred or assigned electronically, and can be a digital coin, token, or other representation of an asset that includes backed crypto-assets and unbacked crypto-assets.
"OJK" means the Financial Services Authority of the Republic of Indonesia, which is a government agency whose main task is to provide guidance, regulation, development and supervision of digital financial asset trading.
"Mopay" or "us" or "our" means PT Solusi Perdagangan Global, and is a trademark owned by PT Solusi Perdagangan Global which has been registered and protected in accordance with applicable laws and regulations.
"Confidential Information" means as defined in Number 20.1 of this General Terms and Conditions.
"Force Majeure" means as defined in Number 22 of this General Terms and Conditions.
"User" or "you" means a party who accesses the Mopay Platform and/or who has registered and been verified on the Mopay Platform.
"Dispute" means any dispute, controversy or claim arising out of, or in connection with or relating to this General Terms and Conditions.
"Mopay Platform" means the website, application, system, features, technology provided and managed by Mopay.
"General Terms and Conditions" means this terms and conditions in relation to the trading procedures and use of the Mopay Platform.
"Wallet" means the media used to store Crypto Assets.
2. MOPAY'S PROFILE
Mopay is a limited liability company established under the laws of the Republic of Indonesia, domiciled in 18 Parc Place, Tower B 2nd Floor, SCBD, Jalan Jenderal Sudirman Kavling 52-53, Senayan, Kebayoran Baru, South Jakarta Administrative City, Special Capital Region of Jakarta Province. Further information on profile of Mopay can be accessed through the website https://mopay.fi/
3. GEOGRAPHIC RESTRICTIONS
The services on Mopay Platform are intended for use only within the territory of the Republic of Indonesia. If you access the Mopay Platform from outside Indonesia, you do so at your own risk and are solely responsible for compliance with local laws in relevant jurisdiction. Mopay reserves the right to restrict access from certain jurisdictions.
4. RISK OF CRYPTO ASSETS
The User understands that Crypto Assets are commodities that have quite high risks, including but not limited to the risk of price fluctuations, financial risks, and other risks that may be faced by the User when using the services on the Mopay Platform. All of these risks are entirely the responsibility of the User. Therefore, the User is advised to be careful and must have knowledge and/or experience in conducting Crypto Assets transactions, so that the User is able to evaluate and analyze the risk of Crypto Assets transactions and has the ability to bear the financial risk of Crypto Assets transactions.
The User understands and acknowledges that no representations or guarantees are made regarding the future value or trading volume of Crypto Assets.
5. SCOPE OF ACTIVITIES
The scope of activities that can be carried out on the Mopay Platform is as follows:
Exchange between 1 (one) or more types of Crypto Assets;
Exchange between Crypto Assets to fiat or fiat to Crypto Assets;
Storage of User's Crypto Assets;
Transfer or move Crypto Assets between Wallets;
Transfer or move funds to User's registered bank account;
Quick response (QR) code payment via Crypto Asset conversion to fiat; and
Buy voucher using funds and/or Crypto Asset via conversion to fiat.
In addition to individual User, Mopay may provide services to business entities, corporate accounts, and API integration partners ("Business User"). Business User access Mopay's platform and services pursuant to a separate agreement, the terms of which shall govern in the event of any conflict with these General Terms and Conditions with respect to Business User. Business User are subject to enhanced Know Your Business (KYB) verification requirements, and all transactions conducted under a Business User account remain subject to Mopay's AML/CFT obligations and applicable regulations.
The types of Crypto Assets traded on the Mopay Platform are detailed in the Appendix of this General Terms and Conditions, which is an integral part of these General Terms and Conditions. The types of Crypto Assets traded on the Mopay Platform may change at any time at Mopay's discretion, subject to the provisions of these Terms and Conditions and applicable law.
In order to facilitate User and support the implementation of activities, Mopay can collaborate with other service providers, including but not limited to payment gateway service providers, Crypto Asset exchanges, electronic money service providers, and Crypto Assets storage service providers.
6. OBLIGATIONS AND RESPONSIBILITIES
User is required to comply with and obey all applicable laws and regulations in connection with the implementation of this General Terms and Conditions.
By reading and agreeing to this General Terms and Conditions and using the Mopay Platform, the User also agrees to changes, additions, replacements to this General Terms and Conditions, as well as other policies and terms and conditions that are determined, displayed, and provided by Mopay on the Mopay Platform, along with changes, additions, replacements from time to time, which are an integral part of this General Terms and Conditions.
The User agrees to use the Mopay Platform only for activities as specified in this General Terms and Conditions, and will not use the Mopay Platform to carry out actions that are contrary to applicable laws and regulations, including but not limited to hacking, fraud, money laundering and terrorism financing. In this case, Mopay has the right and authority to monitor the User's account.
The User agrees to bear the risk and be responsible for any actions taken by the User that result in a violation of this General Terms and Conditions and applicable laws and regulations, and other consequences that are detrimental to the User that arise as a result of the User's negligence or error.
Each Mopay and User is obliged to bear all tax obligations arising in relation with the implementation of this General Terms and Conditions in accordance with applicable laws and regulations.
7. USER'S ACCOUNT
To be able to use the services of the Mopay Platform, User is required to have an account and meet the following requirements:
Agree to abide by this General Terms and Conditions and be legally competent to agree to this General Terms and Conditions;
At least 17 (seventeen) years of age;
Has and provides to Mopay an Identity Card (identity document) for Indonesian citizens;
Using the User's own funds or Crypto Assets and not funds or Crypto Assets that originate from or belong to other people, or are the result of criminal acts, money laundering, terrorism financing and/or weapons of mass destruction; and
Has an active email address.
Each User can only have 1 (one) account with the same identity.
User is required to register on the Mopay Platform in order to have an account and make transactions on the Mopay Platform. In this case, User is required to provide information to Mopay in order to identify and verify User to ensure the accuracy and completeness of the data provided by the User and the User's background or profile. This identification and verification is carried out in order to implement the Know Your Customer (KYC) principle, conduct Customer Due Diligence (CDD) or Enhanced Due Diligence (EDD), detect fraud, money laundering, terrorism financing, and/or other financial crimes.
In order to register or open an account on the Mopay Platform, User is asked to carry out the following steps:
Select the "Register" button on the welcome screen. User can also register using a Google account or, for iOS device users, an Apple ID.
User may enter a referral code obtained from another User (if any). User can select the "Continue without a referral" button if they do not have a referral code.
Fill in the full name as it appears on the User's Identity Card (KTP), then select the "Continue" button.
Enter the User's active Indonesian mobile phone number (+62), then select the "Continue" button.
Enter the 6 (six) digit One Time Password (OTP) code sent to the User's registered phone number via SMS or Whatsapp, then select the "Verify" button to verify the phone number. User may select the "Resend" button to resend the OTP code if it has not been received.
Once the registration process is complete, User can proceed to the identity verification (KYC) process by selecting the "Verify Account" button. User can also explore the Mopay Platform first by selecting the "Explore Mopay" button.
After selecting the "Verify Account" button, User will be directed to the identity verification (KYC) page. User must read and agree to this General Terms and Conditions, and Privacy Policy by checking the agreement box, then select the "Verify" button to proceed.
Fill in the personal information form with the User's full name, National Identity Number (NIK), place of birth, date of birth, address as stated on the Identity Card (KTP), marital status, religion, mother's maiden name, occupation, monthly income range, source of funds, account purpose, and current residential address. Then select the "Continue" button.
Follow the on-screen instructions to take a photo of the National Identity Card (KTP) using the device camera within the Mopay Platform. User must ensure the identity document is clearly visible and fully captured before proceeding.
After successfully capturing the identity document photo, User proceeds to facial verification by taking a selfie using the front camera. User must ensure their face is properly positioned within the frame, not wearing any obstructing accessories (e.g. masks or hats), and is in a well-lit environment.
After submitting the identity document photo and selfie, User will receive a confirmation that the verification is being processed. User will be notified once the review is complete.
Once the verification is successfully approved, User will have full access to all features available on the Mopay Platform.
If the identity verification process is rejected, User can restart the process by selecting the "Verify Account" button on the home page.
After the KYC process is complete, User will be prompted on the home screen to verify their email address. User can select the "Verify Now" button to proceed, or select "Later" to do it at a later time.
Enter the 6 (six) digit One Time Password (OTP) code sent to the User's registered email address, then select the "Verify" button. User may select the "Resend" button to resend the OTP code if it has not been received.
Once the email is successfully verified, the User's Mopay account is fully activated and ready to use.
User Account can only be used if the User has passed the identification and verification process. After the User has passed the identification and verification process, the User can create or change the password for the User account by using the features provided in the Mopay Platform.
The security and confidentiality of the User account and information related to the User account are entirely the responsibility of the User. In this case, any use, order, and/or command made through the User account is a legitimate request from the User concerned.
User Account can only be used and controlled by the User concerned. User are required to immediately notify Mopay if the User Account is used by another party and/or other violations occur.
If Mopay, based on its sole discretion, suspects that the User has committed an unlawful act, violation, crime, violated, exceeded or breached the Mopay Platform security system, committed any act that causes harm to Mopay and/or other User, and/or other acts that are contrary to this General Terms and Conditions and/or applicable laws and regulations or the User's account has not been used for a certain period of time, then Mopay may freeze or close the User's account, stop using the Mopay Platform, and take other actions deemed necessary with the aim of protecting the interests of Mopay and/or other User in accordance with applicable laws and regulations.
In the event of a User's account being frozen or permanently closed, the User may make a transfer of funds and/or Crypto Assets in accordance with the provisions for transfer of funds and/or Crypto Assets as stipulated in this General Terms and Conditions, provided that the User is required to settle all financial obligations owed to Mopay. For this purpose, Mopay may offset such outstanding financial obligations against the transfer proceeds that should have been paid to the User as a result of the freezing or permanent closure of the User's account.
8. DATA UPDATES AND CHANGES
Updating and changing User data can only be done by the User concerned by requesting to update or changing User data.
User is required to update User data registered on the Mopay Platform in accordance with the current conditions of the User concerned.
Each User can request to update or change data by contacting Mopay according to the procedure set out in Number 19. Mopay will provide instructions, directions and documents that must be completed by User to be able to update User data.
Mopay at its own discretion can accept and reject requests to update User data if Mopay finds inaccuracies and/or errors in the provision of information from the User.
9. PERSONAL DATA
Provisions regarding the collection, storage, processing and use of User personal data are subject to and regulated based on the Privacy Policy which is an integral and inseparable part of this General Terms and Conditions.
10. TRANSACTION PROCEDURES
Transaction Overview
User can make transaction using the services provided in Mopay Platform in 3 (three) ways, as follows:
User can make payment to merchant(s) using funds and/or Crypto Asset via conversion to fiat;
User can send fund and/or Crypto Asset to another User;
User can convert Crypto Asset into another type of Crypto Asset or funds, or the way around via swap feature.
Before making a transaction on the Mopay Platform, the User must first place a deposit:
funds in Rupiah currency by transfer to a bank account available on the Mopay Platform, with the following provisions:
deposit fund or Crypto Assets from the User's Mobee account, minimum in the amount of Rp15.000 (fifteen thousand Rupiah) for fiat deposit, and no minimum amount for Crypto Assets deposit; and/or
if using virtual account (VA), minimum in the amount of Rp15.000 (fifteen thousand Rupiah);
Crypto Assets into the Wallet specified by Mopay which will be verified first by Mopay.
User can only make transactions on the Mopay Platform if the User has sufficient funds and/or Crypto Assets.
Mopay, based on its own discretion, has the right to reject and/or cancel a transaction, in the event Mopay knows and suspects that there is a crime or violation in the transaction. Mopay is not responsible if Mopay or another party fails or delays the implementation of the transaction in question.
User cannot cancel any transactions that have been made and completed through the Mopay Platform.
User can access the transaction history made by User on the Mopay Platform. All transaction data made by User through the Mopay Platform will be automatically recorded on the Mopay Platform. User cannot change or modify the transaction data made by the User in order to maintain the accuracy of the transaction history on the Mopay Platform.
User is fully responsible for carrying out transactions within the Mopay Platform correctly.
Placement of Funds
The steps for placing funds are as follows:
User can make a deposit from the home page or Pocket page. Selecting the "Top-Up" button will open a panel where users can choose the method of depositing funds.
User choose the method of fund placement. Mopay provides 3 (three) different methods, namely deposit from the User's Mobee account, virtual account, or Crypto Assets.
If User choose the method of placing funds or Crypto Assets via the User's Mobee account, User must connect their Mobee account with their Mopay account.
If choosing User's Mobee account, User must determine the amount of funds they wish to top-up and follow the top-up instructions.
If User chooses a virtual account, User will be given a virtual account number that will be used for the transfer, and the balance will be entered immediately after the transfer is complete.
The User enters the amount of funds they wishes to place.
Once User confirms the amount of funds placed and the method, User will be redirected to the transaction detail page.
After successful fund placement, the system will credit funds in Rupiah currency to User's Wallet.
Placement of Crypto Assets
The steps for placing Crypto Assets are as follows:
User choose top-up via other exchange or web3.
User will be directed to the Crypto Asset selection page and select the type of Crypto Assets they wish to place.
For the first placement through the selected network, User needs to create a wallet address for placement first. This step only needs to be done once.
Quick response (QR) code and Wallet address will be available for User to copy, so that User can immediately start placing Crypto Assets into User's Wallet.
Provided Payment Services
The steps for using Mopay Platform payment services are as follows:
User can access payment services via the Homepage or Pocket page, select the payment method you wish to use, Pay or Transfer.
On the payment page, User can:
Select the payment method;
Select to pay using funds or Crypto Assets; and
Determine the amount of funds or Crypto Assets;
Using quick response code (QR) provided by the merchant:
Select quick response code (QR) as payment method;
Scan the unique barcode provided by the merchant;
Enter the amount of funds to be used to pay to the merchant;
After selecting the "Continue" button, the transaction will be executed;
Transaction details can be seen on the transactions history page.
Using transfer via Mobee account:
If the User's Mopay account has not been connected to a Mobee account, the User will be directed to connect their Mobee account first before proceeding with the transfer;
Select the asset to be transferred from the list of available assets in the User's Mopay balance;
Enter the amount of funds or Crypto Asset to be transferred to the User's Mobee account;
After entering the transfer amount, select the "Continue" button to proceed to the confirmation page;
After selecting the "Confirm" button, the transaction will be executed;
Transaction details can be seen on the transactions history page.
Using transfer via Mopay user:
Enter the phone number associated with the recipient's Mopay account, then select the "Continue" button. User may also select the contact book icon to pick a recipient directly from the device's contacts;
Select the asset to be transferred from the list of available assets in the User's Mopay balance;
Enter the amount of funds or Crypto Asset to be transferred;
After entering the transfer amount, select the "Continue" button to proceed to the confirmation page;
After selecting the "Confirm" button, User may be prompted to verify the transaction using Passkey (biometric authentication via face or fingerprint);
Once the transaction is verified and executed, the transaction details page will display;
Transaction details can be seen on the transaction history page.
Using transfer via bank:
On the "Transfer to Bank" page, select the destination bank from the dropdown list by searching for the bank name;
Enter the recipient's bank account number in the account number field;
After both the bank name and account number are successfully filled in, select the "Continue" button to proceed;
Enter the amount in Rupiah to be transferred and select the "Continue" button to proceed to the confirmation page;
The confirmation page will display the total transfer amount, the recipient's name and masked account number, the destination bank, the date and time of the transaction, and the applicable transaction fee;
After selecting the "Confirm" button, User may be prompted to verify the transaction using Passkey (biometric authentication via face or fingerprint);
Once the transaction is verified and executed, the transaction details page will display;
Transaction details can be seen on the transaction history page
Crypto Assets Conversion
The steps to convert Crypto Assets are as follows:
User can access the swap feature via the main page, or Pocket page;
The swap feature allows User to instantly convert Crypto Assets into funds or other type of Crypto Asset;
User can choose the Crypto Asset that you have and choose another type Crypto Asset you want to convert to or choose receive funds, the other side will be filled automatically;
After all the information is entered, the User can select the "swap" button which lights up;
The "swap" button will remain greyed out and cannot be selected until the correct information has been entered;
After that, a confirmation drawer for the User's order will appear; Selecting the "confirm" button will execute the exchange;
Confirmation details will appear after the exchange request is made.
11. TRANSACTION FEES, TRANSFER OF FUNDS, AND TRANSFER OF CRYPTO ASSETS
User will be charged a transaction fee of Rp2,500 (two thousand five hundred Rupiah) for each transfer of funds.
Crypto Assets transfer transaction fees vary depending on the blockchain network used. However, transaction fees can change at any time, depending on market price conditions.
Mopay may change and determine other transaction fees from time to time, by providing prior notification to the User.
User can transfer funds and/or Crypto Assets from the Mopay Platform with the following provisions:
User has fulfilled all financial obligations to Mopay and other third parties, including service providers as referred to in Number 7.3 of this General Terms and Conditions, in accordance with applicable laws and regulations;
Transfer of funds and/or Crypto Assets has been verified;
The maximum daily transfer limit is determined by Mopay's bank partner. Subject to the terms and procedures determined by Mopay's bank partner, User's daily transfer limit may be changed based on the User's account under Mopay's bank partner. User can access Mopay's bank partner terms and conditions on https://binadigital.id/informasi/biaya-dan-limit/; and
User is required to comply with and follow every process determined by Mopay in connection with the transfer of funds and/or Crypto Assets, as well as applicable laws and regulations.
In case of transfer of funds, the following provisions will apply:
User must state the amount of funds to be transferred and the User's bank account number registered at the time of registering the User's account on the Mopay Platform or the User's external e-wallet;
Transfers must be made in Rupiah currency;
In case of Crypto Assets transfer, the User must specify (i) the type and amount of Crypto Assets transferred; (ii) the User's full name; and (iii) the User's Wallet address.
Crypto Assets transfers can only be made if: (a) The identity of the transferrer, the party receiving the transfer, or the recipient Wallet is the same as the User's identity; and (b) Verification results show the conformity between the Crypto Assets transfer request and the balance or ownership record of the Crypto Assets.
User can transfer Crypto Assets to another User's Wallet within the Mopay Platform or to a Wallet outside the Mopay Platform. Mopay will verify the transaction of transferring Crypto Assets to another User's Wallet within the Mopay Platform or to a Wallet outside the Mopay Platform.
If the User transfers Crypto Assets less than the value in Rupiah equivalent to USD1,000 (one thousand United States Dollars), then the User must provide the following information:
The blockchain network used;
Full name of sender and recipient;
Sender and recipient Wallet addresses;
Type and amount of Crypto Assets transferred.
If the User transfers Crypto Assets of more than or equal to the value in Rupiah equivalent to USD1,000 (one thousand United States Dollars), then the User must provide the following information:
The blockchain network used;
Full name of sender and recipient;
Sender and recipient Wallet addresses;
Sender and recipient's residential addresses;
Type and amount of Crypto Assets transferred.
User is fully responsible for making transfers of funds and Crypto Assets and transferring Crypto Assets as referred to in Number 11 via Mopay Platform correctly, and ensuring the accuracy of any information provided.
12. TRANSACTION SECURITY
To ensure the security of transactions carried out by User on the Mopay Platform:
Most Crypto Assets will be stored in safe storage (cold storage);
Any large amount of Crypto Assets trading transaction requires biometric authentication. This is intended to ensure that the User is conducting the transaction through their own equipment;
Every transfer of funds or Crypto Assets requires phone number, email and biometric authentication;
The Mopay platform will offer User the ability to use a special IP address where User can only log into their Account when they are connected to that special IP address;
The Mopay platform will send a short message that will appear on the User's device screen (push notification) and notification via electronic mail to the User when there is a transaction carried out in the User's account concerned;
Mopay will conduct security audits periodically, especially when Mopay is about to update or add features to the Mopay Platform. Every 6 (six) months, Mopay will also conduct security audits to identify weaknesses in the Mopay Platform.
13. REPRESENTATIONS, WARRANTIES, AND COVENANTS
The User declares and warrants that this General Terms and Conditions are a valid and legally binding agreement for the User.
The User guarantees that the information provided in connection with the use of the Mopay Platform and for the purposes of establishing this General Terms and Conditions is accurate and complete in all respects.
The User has read and understood all of this General Terms and Conditions and in good faith will carry out all of the terms, conditions, obligations and responsibilities as stipulated in this General Terms and Conditions.
The User has obtained the necessary approval and is legally competent to bind themselves, to enter into this General Terms and Conditions including to carry out and comply with their obligations as stipulated in this General Terms and Conditions.
The User declares and guarantees that the provision of this General Terms and Conditions will not violate or conflict with applicable laws and regulations and any agreement to which the User is a party.
User shall not use the Mopay Platform in order to make transactions related to: (i) narcotics; (ii) goods and/or services that violate intellectual property rights; (ii) ammunition, firearms, explosives, sharp weapons; (iv) goods and/or services that display personal information of third parties that violate the law; (v) gambling; (vi) services related to banking outside the territory of the Republic of Indonesia; (vii) support for organizations that are prohibited or banned by the government; and (viii) actions or transactions that are contrary to or prohibited by laws and regulations.
The User hereby agrees and grants full power and authority to Mopay to use all data, statements and information obtained by Mopay regarding the User including but not limited to the User's personal communication media for all other purposes as long as permitted by applicable laws and regulations, including those intended for marketing Mopay products or other parties, who cooperate with Mopay. In the event of any use of data that requires the consent of another party, the User hereby declares and guarantees that they have obtained the consent of the other party for the use of such data, statements and information.
User shall not provide, rent, sell, transfer and/or assign User accounts either in part or in whole to any other party for any reason, to carry out transactions other than those specified in the General Terms and Conditions for any purpose.
14. IMPLEMENTATION OF ANTI-MONEY LAUNDERING AND PREVENTION OF TERRORISM FINANCING AND PROLIFERATION OF WEAPONS OF MASS DESTRUCTION PROGRAMS (AML/CFT)
In accordance with applicable laws and regulations, Mopay implements the Anti-Money Laundering and Prevention of Terrorism Financing (AML-CFT) and Proliferation of Weapons of Mass Destruction (WMD) programs. In relation with this, Mopay has designed an Anti-Money Laundering and Prevention of Terrorism Financing (AML-CFT) policy with the aim of preventing money laundering and terrorism financing by having a system that can reduce the risk of Mopay being used to carry out money laundering and terrorism financing activities. Mopay hereby has the authority to suspend, postpone, and/or reject any application for account registration and/or any transaction made by the User in the event there is an indication of a violation by the User of these matters, including reporting suspicious activities internally and to the authorities. Hereby the User understands, acknowledges and agrees that they shall not file any objections regarding the actions taken by Mopay in relation with the implementation of the program (including requests for further information regarding the User's transactions, either through Know Your Customer (KYC) process, conducting Customer Due Diligence (CDD) or Enhanced Due Diligence (EDD).
15. MOPAY PLATFORM MAINTENANCE
From time to time, Mopay may perform scheduled maintenance on servers, systems and infrastructure as necessary to optimize the performance of the Mopay Platform. Crypto Assets Trading and/or other functions within the Mopay Platform may be unavailable during scheduled maintenance. Prior to conducting scheduled maintenance, Mopay will provide prior notice to the User regarding this scheduled maintenance via email and/or the Mopay Platform no later than 3 (three) days prior to the scheduled maintenance. The User acknowledges the possibility of unforeseen incidents or urgent issues that may arise and require immediate maintenance by Mopay. In the event of unscheduled maintenance due to unforeseen incidents or urgent issues, Mopay will make every effort to promptly notify the User of such conditions and the estimated duration of the maintenance.
16. INTELLECTUAL PROPERTY RIGHTS
Mopay or Affiliate (as the case may be) is the owner of the Mopay Platform and all intellectual property rights related to the Mopay Platform.
User may only use the intellectual property rights related to the Mopay Platform as permitted by Mopay in the context of using the Mopay Platform in accordance with this General Terms and Conditions.
User is not permitted to reproduce, distribute, publicly disclose or in any way exploit the Mopay Platform, the intellectual property rights associated with the Mopay Platform, or any content or information that User can access from the Mopay Platform.
17. INDEMNIFICATION
The User hereby agrees to release and discharge Mopay, including but not limited to directors, commissioners, officers, employees, consultants, lawyers, contractors, agents and representatives of Mopay from and against claims, damages, costs arising in connection with (i) violations of this General Terms and Conditions and applicable laws and regulations, (ii) false or misleading statements and warranties, (iii) the User's use and activities on the Mopay Platform, or (iv) the User's negligence.
18. LIMITATION OF LIABILITY
The information provided on the Mopay Platform is general information and is not intended to provide advice, including investment and financial advice that can be relied upon by User. User is advised to continue to obtain professional or specialist advice before taking action based on the information provided on the Mopay Platform.
Under no circumstances shall Mopay be liable to the User for any losses caused by any error made by the User as follows (whether such losses are foreseeable or known): (i) indirect, incidental, special, or consequential losses, (ii) loss of actual or anticipated profits, (iii) loss of revenue, and (iv) loss of anticipated savings.
19. NOTICE AND COMPLAINT SERVICE
User agree that any communication with Mopay will be carried out via electronic mail with an email address [email protected].
Any communication and notice given in electronic format shall be deemed to be written communication and notice.
User is required to immediately notify Mopay if there is any misuse of the User's account and/or the Mopay Platform, fraudulent attempts, suspicious activity, or other incidents that may affect the User and Mopay.
User agrees to receive notifications from Mopay regarding the use of the Mopay Platform, including but not limited to User accounts and transactions, as well as promotions.
In addition to electronic mail as referred to in Number 19.1 above, Mopay also provides communication or complaint services provided on the Mopay Platform, namely a chatbot feature that will help answer and respond to any complaints, obstacles, questions, and suggestions from User before being responded to by Mopay User service representatives if necessary. For time efficiency and providing convenience for User, Mopay also provides blog features and Frequently Asked Questions (FAQ) provided on the Mopay Platform.
In submitting complaints, obstacles, questions, and suggestions, User must provide sufficient information so that they can be followed up. Mopay will study and review every complaint, obstacle, question, and suggestion from User with great care before making a decision and providing a response with the aim of ensuring User satisfaction.
If the complaint cannot be settled through the complaint service provided by Mopay, so it becomes a Dispute, then Mopay and the User agree to settle the Dispute through Dispute settlement as regulated in Number 21 of this Terms and Conditions.
20. CONFIDENTIALITY
Mopay and the User agree to keep confidential and not to use, disclose or leak to any third party or to allow or cause anyone to know any information relating to this General Terms and Conditions, including the implementation thereof, including but not limited to processes and procedures, source and object code, software, computer records, computer programs, distribution data, price lists, User information and technical information ("Confidential Information"). All Confidential Information will be used only for the purposes of this General Terms and Conditions.
Each of Mopay and the User may disclose Confidential Information to its affiliated companies, directors, board of commissioners, employees, officers and/or consultants limited to User who need to know the Confidential Information provided that Mopay or the User (whichever is relevant) must ensure that the affiliated companies, directors, board of commissioners, employees, officers and/or consultants comply with the confidentiality provisions under this General Terms and Conditions.
The confidentiality obligations under this General Terms and Conditions do not apply to information that:
is public knowledge or is already known to the recipient of the Confidential Information at the time of disclosure;
subsequently becomes public knowledge other than a violation of this General Terms and Conditions;
subsequently legally obtained by the recipient of Confidential Information from a third party;
required to be disclosed by applicable law or regulations, with the provision that before disclosing any Information; the party requested to disclose must notify and consult the content and form of the Information to be disclosed to the other party.
The confidentiality obligations under this General Terms and Conditions shall continue to apply after termination of this General Terms and Conditions.
21. GOVERNING LAW AND DISPUTE SETTLEMENT
This General Terms and Conditions is governed and interpreted under the laws of the Republic of Indonesia.
Any Dispute must be settled through amicable settlement within a period of 30 (thirty) calendar days after written notification of the Dispute which must be submitted by registered mail to Mopay. In the event that the Dispute cannot be settled through amicable settlement within a period of 30 (thirty) calendar days, then Mopay and the User may settle the Dispute using the procedures as stipulated in the OJK regulations.
If the Dispute cannot be settled by the procedures as set out in Number 21.2 above, then the Dispute shall be settled through South Jakarta District Court.
22. FORCE MAJEURE
Mopay's responsibilities and obligations under this General Terms and Conditions and the use of the Mopay Platform may be disrupted due to circumstances beyond Mopay's authority and control, including but not limited to unforeseen national labor conflicts, acts of God, earthquakes, requisitions, seizures, and commands from government authorities, public decisions, riots, rebellions, telecommunication disruptions, power outages ("Force Majeure"). The User hereby agrees to release and discharge Mopay from and against claims, damages, costs arising in connection with the disruption of the implementation of Mopay's responsibilities and obligations under this General Terms and Conditions and the use of the Mopay Platform as a result of Force Majeure. Mopay has the right and authority to stop the Mopay Platform including activities therein when Force Majeure occurs.
23. MISCELLANEOUS PROVISIONS
In the event of any conflict between this General Terms and Conditions and other agreements, policies, terms and conditions relating to the use of services on the Mopay Platform, this General Terms and Conditions shall apply.
User may not transfer any rights and obligations in this General Terms and Conditions, either in part or in whole, to any party without prior written consent from Mopay. However, Mopay may transfer any rights and obligations in this General Terms and Conditions, either in part or in whole, to any party without prior written consent from the User or written notice to the User.
The User understands and agrees that this General Terms and Conditions, documents, and notices in connection with the Mopay Platform are made in electronic form. Therefore, the User will not file any claims or objections in any form regarding the existence and validity of this General Terms and Conditions, documents, and notices made electronically.
Any express or implied waiver by Mopay of any right or relief to a User shall not constitute a continuing waiver of the waived right or relief or a waiver of any other right or relief.
If any provision of this General Terms and Conditions is held to be invalid or unenforceable by any judicial authority or other competent authority, the other provisions of this General Terms and Conditions shall remain in full force and effect and shall not be impaired in any way.
This General Terms and Conditions shall remain in effect after the termination, closure or freezing of the Mopay Platform, whether temporarily or permanently.
This General Terms and Conditions are made in English and Indonesian. If there is any conflict or inconsistency between the English and Indonesian versions, the Indonesian version shall prevail.