Disclaimer
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Tindakan yang Anda ambil berdasarkan informasi yang Anda temukan di apps dan website ini (www.duitpedia.id), secara ketat merupakan risiko Anda sendiri, www.duitpedia.id tidak akan bertanggung jawab atas kerugian dan / atau kerusakan sehubungan dengan penggunaan informasi dari website kami.
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User Agreement
This User Agreement (this “Agreement”) is a contract among you and Duitpedia. By using the Duitpedia Aplication and Website (the “Apps and Website”) or any of our associated websites (including, without limitation, the technology and the platform integrated therein), APIs and/or any and all related applications (collectively, the “Site”), you agree that you have read, understood and accept all of the terms and conditions contained in this Agreement, as well as all of the terms and conditions of our Privacy Policy which is hereby incorporated by reference and forms part of this Agreement. You should read this Agreement and the Privacy Policy carefully and in their entirety.
Last Updated: Wednesday 15th July 2020
Unless otherwise stated herein, references to “Duitpedia”, “we”, “us” or “our” in this Agreement will refer collectively to Duitpedia, its respective direct and indirect subsidiaries and affiliates and any entities under common control with Duitpedia (if any). In this Agreement, “you,” “your” or “User” means any person or entity using the Site or our Services (as defined below) and the person to whom Duitpedia enters into this Agreement. If you do not agree to be bound by the terms and conditions of this Agreement or the Privacy Policy, you must not use or access the Site or use or access any of our products or services (our “Services”). Any use of or access to the Site or our Services means you consent to and agree to the terms and conditions of this Agreement and the Privacy Policy. If you do not read and accept this Agreement and our Privacy Policy in their entirety, you should not use or continue using the Site or our Services.
Duitpedia is an Aplication and Web based Aplication provider and no partnership, joint venture, employee- employer, agency or franchiser-franchisee relationship is intended or created by this Agreement. We do not endorse or recommend any investment product, digital asset or transaction. No content on the Site nor communications with our personnel constitutes transaction, purchase or investment advice. Independent advice should be sought where applicable and appropriate. You acknowledge and agree that the decision to use our Services and all transaction decisions are made solely by you and we bear no responsibility or liability for the outcome of your decisions.
You accept and understand that this Agreement may be modified or updated by us from time to time. We reserve the right to alter, amend or modify this Agreement from time to time, in our sole discretion. We will provide you with notice of such changes by providing notice on the homepage of the Website and/or via the Website and updating the “Last Updated” date at the top of this Agreement. The amended Agreement will be deemed effective immediately upon posting on the Website. Your continued use of the Site and/or our Services constitutes your agreement to be bound by any such changes to this Agreement. If you do not agree with this Agreement or any amendment to it, you should discontinue access and use of the Site and our Services.
Certain Services may be subject to additional terms and conditions specified by us from time to time, and your use of such Services is subject to those additional terms and conditions, which are hereby incorporated into this Agreement by reference.
If you have questions about this Agreement or our Services, please contact us at admin@duitpedia.id
Eligibility
The Site and our Services are not available to persons under the age of 18; persons who are suspended or removed from using the Site or our Services; persons who are not in compliance with this Agreement or the Privacy Policy; and persons who are not lawfully permitted to use our Services, cannot enter into legally binding contracts or who, in our sole opinion, present an unacceptable level of credit, legal or reputational risk to us, our Services or to others. Any use of the Site or our Services by anyone who falls within such categories is strictly prohibited and in violation of this Agreement. In order to use the Site and our Services, you must register for a personal account (an “Account”) and accept the terms of this Agreement and our Privacy Policy. We may, in our sole discretion, refuse to open an Account for you or limit the number of Accounts that you may hold.
Financial planning and other Services
Duitpedia is a financial planning and others, service provider that enables you to store information, make a financial planning, learning tools and others of personal financial services. We will process purchase and subscription of this apps and web-based service with the instructions we receive from you. Prior to submitting instructions to us, you should verify all transaction information. We do not guarantee the identity of any recipient, user, requestee or other party.
You acknowledge that: (i) we are not a bank or brokerage and the Services provided are facilitation services rather than banking services; and (ii) we are not acting as a trustee, fiduciary or escrow with respect to your personal financial data but is acting only as a Service provider.
Identity Verification
During registration of your Account and at any other time you have an Account, you agree to provide us with the information we request for the purposes of ongoing due diligence, identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime and permit us to keep a record of such information. You agree and represent and warrant that all information you provide us at any time will not be false, inaccurate or misleading. You will need to complete certain verification procedures before you are permitted to use our Services. Your access to our Services and the limits that apply to your use of our Services, may be altered, suspended or terminated as a result of information collected about you on an ongoing basis and/or your failure to provide us with information we request on a timely basis. You authorise us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full.
Verification of Users is only an indication of increased likelihood that a User’s identity is correct. Because User verification on the Internet is difficult, we cannot and do not guarantee any User’s identity.
You are solely responsible for the activity that occurs in relation to your Account, and you must keep your Account password secure. We recommend that you use “strong” passwords (passwords that use a combination of upper and lower-case letters, numbers and symbols) with your Account. You must notify us immediately of any breach of security or unauthorised use of your Account by emailing us at admin@duitpedia.id. We will not be responsible or liable for any damages, liability or losses caused by any unauthorised use of your Account.
You may control your User profile and how you interact with our Services by changing the settings in your Account settings page. By providing us with your email address, you consent to our using such email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of our Services. If you do not want to receive such email messages, you may opt out by clicking “unsubscribe”, or something similar in the email message. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
No Warranty
THE SITE, ALL INFORMATION PROVIDED THROUGH THE SITE AND OUR PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
To the maximum extent permitted by law, each of us and our respective past, present and future employees, officers, directors, advisors, contractors, consultants, licensors, equity holders, members, partners, shareholders, suppliers, managers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually, an “Party” and collectively, the “Parties”) disclaim all representations and warranties, whether express, implied or statutory, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. No advice or information, whether oral or written, obtained by you from us or through use of the Site or our Services will create any warranty not expressly stated herein. Without limiting the foregoing, the Parties do not warrant that our Services will meet your requirements; the content on the Site is accurate, reliable or correct; that our Services will be available at any particular time or location, uninterrupted, error- free or secure; that any defects or errors will be corrected; or that the Site is free of viruses or other harmful components. Use of the Site and our Services are at entirely your own risk and any content downloaded or otherwise obtained through the use of the Site or our Services is downloaded at your own risk.
The materials and related graphics on the Site could include technical inaccuracies or typographical errors. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Site are your sole responsibility and we shall have no liability for such decisions. Changes are periodically added to the information contained on the Site. The Parties may make improvements and/or changes to the Site, our products and Services and/or the materials described on the Site at any time.
We do or may offer features or services through third parties. We have no control over and do not warrant, endorse, guarantee, or assume responsibility or liability for any product or service advertised or offered by a third party through the Site or any hyperlinked website or service, and we will not in any way monitor or be a party to any transaction between you and any third-party. We are not responsible or liable for ensuring that a third party you transact with will complete the transaction or is authorised to do so. You use third party services at your own risk and you are solely responsible for reviewing and understanding the implications of using the services of such third parties.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall any of the Parties be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of business revenues, loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to: (a) the use of, or inability to use, the Site or our Services; (b) any information provided by us or available from the Site; (c) any conduct or content of any other User of our Services or third party; or (d) the failure to receive in any way the transmission of any data, content, virtual currency, funds or property from you. Furthermore and without limiting the generality of the foregoing, under no circumstances will any Party be responsible for any liability, claim, proceeding, damage, loss, expense or injury resulting from hacking, tampering or other unauthorised access or use of our Services or your Account or the information, virtual currency or funds contained therein.
To the maximum extent permitted by applicable law, none of the Parties shall be responsible or liable for any: (a) errors, mistakes, omissions or inaccuracies of information or content provided by us or on the Site; (b) loss, liability, cost, expense or damage of any nature whatsoever suffered or incurred arising out of or in connection with your access to or use of the Site, any of its content or our products or Services; (c) unauthorised access to or use of our secure servers and/or any and all personal information stored therein; (d) fault, delays, interruptions or lack of availability of the Site or any of our Services or products provided through the Site; (e) bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services by any third party; (f) errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Site or our Services; and/or (g) action of other Users, User Content (as defined below) or the defamatory, offensive, or illegal conduct of any third party. In no event shall the Parties be liable to you for any claims, proceedings, liabilities, obligations, expenses, damages, losses or costs in an amount exceeding the amount you paid to us under this Agreement or one hundred Rupiah (RP.100.000), whichever is greater.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if a Party has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
The disclaimers, exclusions, and limitations of liability under this Agreement will not apply to the extent prohibited by applicable law.
Indemnification
You agree to defend, indemnify and hold harmless each Party from and against any and all claims, proceedings, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Site and our Services, including any data, virtual currency or content transmitted or received by you; (b) your violation of any term or condition of this Agreement, including without limitation, your breach of any of the representations and warranties contained herein; (c) your violation of any third- party right, including without limitation any right of privacy or Intellectual Property Rights (as defined below); (d) your violation of any applicable law, rule or regulation; (e) your User Content or any content that is submitted via your Account including, without limitation, misleading, false, or inaccurate information; (f) your fraudulent behaviour, willful misconduct or gross negligence; or (g) any other party’s access and use of your Account or our Services with your unique username, password or other appropriate security code.
Fees
A full list of our fees for product and services can be found at Service & Products on the Website, in this Agreement or in a separate fee schedule provided by us, as they may be amended from time to time.
Prohibited Activities
You agree not to engage in any of the following prohibited activities which may be amended by us from time to time in our sole discretion (“Prohibited Activities”). The specific types of prohibited activities listed below are illustrative, but not exhaustive. If you are uncertain as to whether or not your use of our Services involves a Prohibited Activity, please contact support@fintechsystems.ltd as soon as possible. By accessing and using the Site and our Services and opening an Account, you confirm that you will not use your Account, the Site or our Services to do any of the following:
Unlawful Activity
Being an individual or entity sanctioned under sanctions programs administered in the countries where we carry on business, including, but not limited to, Indonesian law.
Abusive Activity
Transmit or upload any material to the Site that contains viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or any other harmful or deleterious programs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information; actions which impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interferes with, intercepts, or expropriates any system, data, or information; attempt to gain unauthorised access to the Site, other Users’ accounts, computer systems or networks connected to the Site, through password mining or any other means; use account information of another party to access or use the Site; transfer your Account access or rights to your Account to a third party, unless by operation of law or with our express permission; any activity which creates costs, expenses, losses or liability for us or causes us to lose (in whole or in part) the services of our ISPs or other suppliers; activity which operates to defraud us, our Users, or any other person including, without, limitation, taking funds or virtual currency from our platform or from other Users that is not rightfully and legally yours or overdrawing or removing more virtual currency or funds from our platform than were legitimately in your Account; modifying, disassembling, decompiling or reverse engineering our Services; using any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior express written permission; provide any false, inaccurate, or misleading information to us; transmitting spam, chain letters, or other unsolicited email; attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running our Services; impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site or our Services; accessing any content on the Site through any technology or means other than those provided or authorised by us; bypassing the measures we may use to prevent or restrict access to our Services, including without limitation removing, circumventing, disabling or otherwise interfering with security- related features or features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein; or deleting our copyright or other proprietary rights notices.
Abuse Of Others
Be defamatory, abusive, extortionist, trade libelous, unlawfully threatening or harassing or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others; interfere with another individual’s or entity’s access to or use of the Site or any of our Services; incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others; harvest or otherwise collect information from the Site about others, including without limitation email addresses, without proper consent.
Intellectual Property Infringement
Engage in transactions which violate, infringe or misappropriate any intellectual or industrial property right of any person (such as copyright, trademarks, patents, or trade secrets, or other proprietary rights of any party), right of publicity or privacy or commit a tort; use of our intellectual property, name, or logo, including use of the Fintech Systems trade or service marks, without express consent from us or in a manner that otherwise harms us or our brand; create a false identity for the purpose of misleading others or fraudulently or otherwise misrepresent yourself to be another person or a representative of another entity including, but not limited to, an authorised user of the Site or our representative, or fraudulently or otherwise misrepresent that you have an affiliation with a person, entity or group.
License
If you post, upload, input, provide or submit your personal data to us, including without limitation, your name, email address, IP address, cryptocurrency address, text, code or other information and materials, sign up to our mailing list or create an Account (collectively, your “User Content”), you must ensure that the User Content provided by you at that or at any other time is true, accurate, up to date and complete and that any User Content you post, upload, input, provide or submit to us or via the Site does not breach or infringe the intellectual property rights of any third party. We do not own, control or endorse any User Content that is transmitted, stored or processed via the Site or sent to us. You are solely responsible and liable for all of your User Content and for your use of any interactive features, links or information or content on the Site, and you represent and warrant that (i) you own all intellectual property rights (or have obtained all necessary permissions) to provide your User Content and to grant the licenses in this Agreement; (ii) your User Content will not violate any agreements or confidentiality obligations; and (iii) your User Content will not violate, infringe or misappropriate any intellectual property right or other proprietary right, including the right of publicity or privacy, of any person or entity.
By posting, uploading, inputting, providing or submitting your User Content to us, you grant us and any necessary sub-licensees a non-exclusive, worldwide, perpetual, right and permission to use, reproduce, copy, edit, modify, translate, reformat, create derivative works from, distribute, transmit, publicly perform and publicly display your User Content and sub-license such rights to others.
You must immediately update and inform us of any changes to your User Content by updating your personal data by contacting us at support@fintechsystems.ltd, so that we can communicate with you effectively and provide accurate and up to date information to you.
Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content. Furthermore, if we have reason to believe that there is likely to be a breach of security, breach or misuse of the Site or if you breach any of your obligations under this Agreement or our Privacy Policy, we may suspend your use of the Site at any time and for any reason.
Any User Content submitted by you on the Site may be accessed by us globally.
Our Proprietary Rights
Except for your User Content, the Site and all materials therein or transferred thereby, including, without limitation, software, technology, code, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Our Content”), and all Intellectual Property Rights (defined below) related thereto, are our exclusive property and our licensors (including other Users who post User Content to the Site). Except as explicitly provided herein or in any applicable additional terms and conditions, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, modify, reverse engineer, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any of Our Content, absent specific consent in writing from us. Use of Our Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
You may choose to or we may invite you to submit comments or ideas about our Services, including without limitation about how to improve our Services or our products (“Ideas”). By submitting any Ideas, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the Ideas without any additional compensation to you, and/or to disclose the Ideas on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by any of the Parties, or obtained from sources other than you.
Notwithstanding the foregoing, HTML logos provided by us through our affiliate program (the “Logos”), may be used solely for the purpose of directing web traffic to the Site and/or to our Services. These Logos may not be altered, modified, or changed in any way, or used in a manner that defames or is otherwise harmful to us or our Services. Logos may also not be displayed in any manner that implies any sponsorship or endorsement by us. If we decide to terminate the affiliate program in our sole discretion, the use of the Logos as set forth in this Section shall also terminate.
Third Party Content
We may display third-party content, advertisements, links, promotions, logos and other materials on the Site (collectively, the “Third-Party Content”) for your convenience only. We do not approve of, control, endorse or sponsor any third parties or Third-Party Content, and we make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, the accuracy, validity, legality, copyright compliance, or decency of such content. If you access a third-party website or service from the Site or share your User Content on or through any third-party website or service, you do so at your own risk, and you understand that this Agreement and our Privacy Policy do not apply to your use of such sites. You expressly relieve the Parties from any and all responsibility and liability arising from your use of any third-party website, service, or content, including without limitation User Content submitted by other Users.
Privacy and Security
Privacy
We respect the privacy of our Users and we do not request any information that is unnecessary for the use of our Services or to comply with our obligations under applicable law.
You acknowledge and accept that we will comply willingly with all legal requests for information from us. We reserve the right to provide information to law enforcement personnel and other third parties to answer inquiries, participate in investigations, respond to legal process, respond to the order of a court of competent jurisdiction and those exercising the court’s authority, and to protect us and our Users.
You understand that by using our Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy and to your personally identifiable information being collected, used, transferred to and processed in jurisdictions where we carry on business. By agreeing to this Agreement, you expressly allow us to export data outside of the jurisdiction in which you reside or are located when you access our Services. You acknowledge that we may process personal data in relation to you (if you are an individual), and personal data that you have provided or in the future provide to us in relation to your entity, employees or other associates, in connection with this Agreement, or our Services. Accordingly, you represent and warrant that:
- your disclosure to us of any personal data relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, and such data is accurate, up to date and relevant when disclosed;
- efore providing any such personal data to us, you have read and understood our Privacy Policy which may be amended from time to time and is incorporated by reference and forms part of this Agreement and have provided a copy to any individual whose personal data you have provided to us; and
- from time to time if we amend the Privacy Policy, you will promptly read it and provide a copy to any individual whose personal data you have provided to us.
Security
We care about the integrity and security of your personal information and we take a number of security measures including storing all Users’ personal information in an encrypted fashion. However, we cannot guarantee that unauthorised third parties will not defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information to us at your own risk.
We are not responsible or liable for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack from using the Site. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from us. Our customer support will never seek to access your computer or ask for your password or your two factor authentication codes. Always log into your Account through the official Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication.
Closing, Suspension, Termination and Remedies
You may close your Account at any time in accordance with our policies and procedures.
You may not use closure of your Account as a means of evading investigation or inquiries by us. If any queries or investigation is pending at the time you request closure of your Account, we may refuse your request to close your Account.
If you do not access your Account for a period of two years and we have been unable to contact you at the last contact address we have for you in our records, your Account may be terminated at our election and in our sole discretion.
We may, without prior notice, suspend our Services; change our Services; stop providing our Services or features of our Services, to you or to Users generally; or create usage or personal financial activities for our Services. Upon termination of your Account for any reason or no reason, you continue to be bound by this Agreement.
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. We shall have no responsibility or liability for your interactions with other Users, or for any User’s action or inaction.
If we suspend or close your Account, or terminate your use of our Services, in whole or in part, for any reason, we will use commercially reasonable efforts to provide you with notice of our actions unless a court order or other legal process prohibits us from providing you with such notice. You acknowledge that our decision to take certain actions, including limiting access to, suspending, or closing your Account, may be based on confidential criteria that are essential to our risk management and security protocols. You agree that we are under no obligation to disclose the details of its risk management and security procedures to you.
General Contract Terms
Limited License
We grant you a non-exclusive, limited, non-transferable, freely revocable license, subject to the terms of this Agreement, to access and use the Site, and related content, materials, information (collectively, the “Content”) solely for approved purposes as permitted by us from time to time. Any other use of the or Content is expressly prohibited and all other right, title, and interest in the Site or Content is exclusively the property of us and our licensors. You agree not to copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part. “Fintech Systems”, and all logos related to our Services or displayed on the Site are our or our licensors’ trademarks or registered marks. You may not copy, imitate or use them without our prior written consent.
Assignability
This Agreement is personal to you and you cannot transfer, assign or delegate your rights, licenses, interests and/or obligations to anyone else. We may transfer, assign or delegate our rights, licenses, interests and or our obligations at any time, including as part of a merger, acquisition or other corporate reorganisation involving us.
Entire Agreement
This Agreement (including the Privacy Policy and any other documents incorporated by reference herein) comprise the entire agreement between you and us.
Interpretation
Section headings in this Agreement are for convenience only and shall not govern the meaning or interpretation of any provision of this Agreement.
Invalidity
If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law, this will not affect the validity of any other provision of this Agreement.
Enforcement of Our Rights
Our failure to enforce any threatened or existing violation, default or breach of this Agreement shall not be deemed a waiver of such a violation, default or breach, and we shall have the right to enforce the same at a later time and the right to waive in writing any provision or condition imposed herein for its benefit without thereby waiving any other provision or condition.
Survival
All provisions of this Agreement will continue to be binding and operate after the termination or expiration of this Agreement or your Account.
Electronic Communications
You agree that this Agreement constitutes “a writing signed by you” under any applicable law or regulation. To the fullest extent permitted by applicable law, this Agreement, any amendments and any other agreements, notices or other communications regarding your Account and/or your use of our Services (collectively, the “Communications”), may be provided to you electronically directly and indirectly or posting on the Site, secured and unsecured, and you agree to receive all Communications from us in electronic form. Electronic Communications may be posted on the pages of the Site and/or delivered to your e-mail address. You may print a copy of any Communications and retain it for your records. All Communications in either electronic or paper format will be considered to be in “writing,” and to have been received no later than two (2) business days after posting or dissemination, whether or not you have received or retrieved the Communication. We reserve the right but assume no obligation to provide Communications in paper format.
Credit Report
You agree that we may obtain and review your credit report for the purpose of assessing your suitability to open an Account and/or use any of our Services.
Applicable Law
This Agreement shall be governed by the internal substantive laws of Indonesia, without respect to its conflict of laws principles. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the applicable rules of arbitration in Indonesia. You agree to submit to the personal jurisdiction of the federal and state courts located in Indonesia for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Jakarta, Indonesia is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
Arbitration
Read this section carefully because it requires each party to this Agreement to arbitrate our disputes and limits the manner in which you can seek relief from us. For any dispute with Fintech Systems, you agree to first contact us at support@fintechsystems.ltd and attempt to resolve the dispute with us informally. In the unlikely event that we have not been able to resolve a dispute we have with you after ninety (90) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by in accordance with the applicable rules of arbitration in Indonesia. The arbitration will be conducted in Jakarta, Indonesia, in Bahasa Indonesia, unless you and Fintech Systems agree otherwise. If you are using our Services for commercial purposes, each party will be responsible for paying any arbitration fees, administrative and arbitrator fees in accordance with applicable arbitration rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using our Services for non-commercial purposes: (i) the arbitration organization may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from such arbitration organization; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing us from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
