Jurnal’s Usage Terms & Conditions Valid as of 9 August 2024 These terms and conditions (“Terms and Conditions”) cover the use of any products, sites and services available from Jurnal as detailed below (“Services”). You agree to these Terms and Conditions by accessing or using the Service.These Terms and Conditions are an integral part of the Platform Mekari Terms of Use, the Usage Agreement, Privacy Policy, and other terms as available on the Services from time to time. These Terms and Conditions constitute the agreement or understanding between Us and You. These Terms and Conditions may be changed or updated, in whole or in part, from time to time without prior notice to You and will take effect from the time they are uploaded to the Website, Site, or any other URL owned or managed by Jurnal (“Site/Website”). BY ACCESSING OR USING THE SERVICES OR DOWNLOADING ANY MATERIAL FROM THE WEBSITE, YOU AGREE TO AND WILL COMPLY WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU DO NOT MEET THE REQUIREMENTS TO ACCESS OR USE OUR SERVICES AND WEBSITE, AND YOU MUST IMMEDIATELY STOP ACCESSING OR USING OUR SERVICES AND WEBSITE. COMMUNICATION AND NOTIFICATIONS By this, You agree to receive communications and notifications in any form, whether electronic or non-electronic, related to the Website and Services, including but not limited to marketing and promotional information regarding the Services. You acknowledge, understand, and agree that any communication sent by Us has met all legal requirements for written communication and the specific delivery methods stipulated in applicable laws and regulations. A. Definition Add-Ons – means additional services outside the Package that can be selected according to your needs. Account – means your access rights to be able to use the Service. You or Your or Yours – means User or Invited Customer. Jurnal’s Fair Usage (Jurnal Fair Usage) or Fair Usage Pricing (FUP) – means the limitations as specified in Jurnal’s Package that You order and including any limitations imposed by Jurnal in relation to the Jurnal’s Service modules or features. Subscription Fee – means the monthly fee (including tax) that You must pay according to the list of fees listed on Jurnal’s Website. Intellectual Property Rights – means patents, function models, simple patents or other similar rights, rights to inventions, copyrights and related rights, and other related rights, know-how, inventions and software code, moral rights, trademarks and service marks, business name, domain name, right to product and packaging design, right to sue for misleading branding or unfair competition, right to design, right to computer software, right to database, right to use and protect confidentiality of, confidential information (including technical skills and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to request and be granted, renewal or extension of, and rights to claim priority, all rights and all similar or equivalent rights or forms of protection exist or will exist now or in the future anywhere in the world. Confidential Information – means all information related to business information from Jurnal (or its affiliates) (including, but not limited to, product design, product planning, data, software and technology, financial information, marketing plans, cost information, vendor or user’s data and any other information that is confidential, non-public information, and proprietary rights relating to the business, operations, and assets belong to Jurnal) that has been or will be provided to You or any of Your representatives by or on behalf of Jurnal, together with all analysis , compilations, estimates, studies or other documents prepared by You or Your representatives containing any such information. We or Us or Jurnal – means PT Jurnal Consulting Indonesia. The Parties – means both We and You collectively. However, individually, each is referred to as a “Party“ Service – means the service of providing software as a service for accounting, financial and operational management provided by Jurnal through the Website, mobile applications, and/or other platforms. Active Period – means the duration of the active period of Your Jurnal subscription Account that You have chosen and paid for. Package – means every unit of modules and features in the Service that can be selected according to Your needs. User – means any person, organization and/or other entity, who registers to use the Service. Invited User – means other people, organizations and/or entities, other than User, who use the Service from time to time with permission and invitation from User. Website – means the internet site in the domain env-wwwjurnalid-staging.kinsta.cloud, my.jurnal.id or other internet sites managed by Jurnal and may be changed from time to time. B. Terms of Service By agreeing to these Terms and Conditions and activating the Account according to the procedure set by Us, You can take advantage of the Service according to the selected package, details of which as outlined under service order/service quotation/usage agreement and/or other similar written document issued by Jurnal and signed by the User (as relevant) (“Detail Document”). Use of the Service is non-exclusive, non-sublicensable, non-transferable, and limited by and subject to the provisions of these Terms and Conditions. User hereby represents and warrants that: You are legally competent and authorized to perform legal acts under the laws of the Republic of Indonesia, including binding yourself to and fulfilling all the terms and conditions in these Terms and Conditions; that it is the User’s responsibility to determine which parties get access as Invited Users and the types of roles and rights they have to access, process, modify, and/or reduce the Data that You have or display on Jurnal’s Service. The User will guarantee and be fully responsible for granting access to Invited Users under any circumstances, including in the event that User choose to customize certain roles in Jurnal’s Account for Invited Users. User are also required to (i) ensure that Invited Users understand their respective roles or abilities in accessing or processing Data contained in User Accounts and (ii) comply with the Privacy Policy enforced by Jurnal from time to time. The User hereby releases Jurnal for any losses and/or claims that may arise from a violation or negligence of the User’s Jurnal Account carried out by any party, including Invited Users; The use of the Service by You may be subject to Jurnal Fair Usage, including the number of User, Invited Users, number of invoices and invoices issued, monthly transaction volume, number of SKUs, number of warehouses, and number of calls You are permitted to make to Jurnal’s application programming interface. Jurnal Fair Usage will remain in effect during the initial period of Your Active Period or the relevant renewal period (as applicable). Jurnal has the right to change the limits on the Jurnal Fair Usage with written notification to You. You are not permitted to alter, obstruct, or interfere with Our Services, supporting networks, or networks, whether manually or through the use of scripts, worms, or viruses. You may not use or access the Service in a way that exceeds the Jurnal Fair Usage. If You exceed Your Jurnal Fair Usage, We may limit Your access rights to the Service. You can disable or fix such Jurnal Fair Usage, or Your Service will be upgraded to a service level appropriate to Your suitable usage. You can add or increase Your subscription package and Jurnal Fair Usage by contacting Jurnal’s team first. In this case, Jurnal will charge You for Subscription Fees in accordance with Your upgraded Service (“New Subscription Fees”) and You agree that the Package, Jurnal Fair Usage and New Subscription Fees will apply to You forward. All payments that You have made to Jurnal cannot be returned for any kind of reason. If the User utilizes any additional service outside the Service, therefore such additional services, including the payment terms, may be outlined under the Detail Document. C. Operational Hour for User’s Assistance Live Chat Available from 08.00 – 18.00 WIB, every Monday to Saturday. In the event that Live Chat is received outside the time specified above and/or the relevant day is a national holiday, Jurnal’s team will provide a response on the next business day and hour. Email Available from 08.00 – 18.00 WIB, every Monday to Saturday. In the event that an email is received outside the time specified above and/or the day concerned is a national holiday, Jurnal’s team will provide a response on working days and hours and will reply on the following working day and hours. D. User’s Obligations PAYMENT OBLIGATION The invoice is the total nominal value of Your Account Subscription Fee according to the selected Service package and the duration of the Active Period for using the Service. Additional Subscription Fees may be billed to You if You use additional services beyond the features in the Package provided by Jurnal or activate the Add-Ons service in Jurnal App-Store. Jurnal will invoice Your Account’s Subscription Fee before the Active Period begins (including the extension of the Active Period) until You end the Service in accordance with the provisions in the “Service Termination” section. All invoices from Jurnal will be sent to You via the billing contact that You have provided via email registered on the Service. You must make a payment in accordance with the total nominal of Your Account’s Subscription Fee as stated on Your invoice before the due date for the invoice is passed. You are responsible for payment of all taxes and duties added to the Subscription Fee invoice. Jurnal has the right to suspend or freeze Your access to the Account if You have not made a complete and correct payment of the invoice in accordance with the terms set out in the invoice. We will re-activate Your access to the Service after You have paid the Subscription Fee subject to the conditions set by Jurnal. GENERAL OBLIGATIONS You must ensure that You only use the Service and the Website for Your internal business needs that are correct and lawful, and in any case have obtained all the necessary approvals and permits to run your business and in using the Service and Jurnal’s Website. ACCESS TERMS You must ensure that all usernames and passwords required to access the Service are stored securely and confidentially. You must immediately notify Jurnal about the use of Your password from unauthorized parties, or other security breaches, and Jurnal will reset Your password, and You must take all other actions deemed necessary by Jurnal to maintain or enhance the security of the Jurnal’s computer system and network and Your access to the Service. As a condition of these terms, when accessing and using the Service, You must: Not trying to weaken the security or integrity of Jurnal’s computer system or network, and/or third party computer systems or networks, if a third party hosts the Service; Not use or abuse the Service in any way that may interfere with the ability of other users to use the Service or the Website; Not try to gain unauthorized access to any material other than what has been clearly stated that You have obtained permission to access it, or to access our computer system where the service is hosted; Not sending, or entering into the Website, any files that can damage other people’s computer equipment or software, offensive materials, or material or Data (as defined below) that violates any law (including data or other material that is protected by copyright or trade secret which You do not have the right to use); Do not try to modify, copy, imitate, disassemble, or reverse engineer any computer program used to provide the Service, or to use the Website other than what is required and intended. USE LIMITATIONS The use of the Service may be limited, including but not limited to the monthly transaction volume and the number of calls allowed for You to use, by calling Jurnal’s application programming interface. COMMUNICATION TERMS As a condition of these Terms and Conditions, if You use any means of communication available through the Website (such as any forum or chat room), You agree to use these means of communication only for lawful purposes. You may not use these communication tools to post or distribute any material that is not related to the use of the Service, including but not limited to, offering goods and services for sale, unsolicited or unwanted commercial e-mail, files that can damage the device or other people’s computers or software, materials that may insult other user of the Service or Websites, or material that violates any law (including material that is protected by copyright or trade secrets where You do not have the right to use it). When You make communications of any kind on the Website, You warrant that You are permitted to make such communications. Jurnal is under no obligation to ensure that communications on the Website are legitimate and correct, or that they are related only to the use of the Service. Jurnal has the right to delete any communication at any time at Jurnal’s discretion. E. Terms of Account Activation, Implementation and Training for the Use of Jurnal Your subscription Active Period is (i) 30 (thirty) calendar days from the date payment is received by Jurnal or (ii) another date if previously agreed between You and Jurnal. In the event that You agree with Us a certain date for Your Active Period as referred to in paragraph 1 above and You carry out the Implementation process (as defined below), then the starting date of Your Active Period is calculated from the date the Implementation process is held. We will provide You with implementation services in the form of the process of preparing data, setting up and entering Your data into Jurnal’s Service system (“Implementation”) and training on using the Service free of charge as part of purchasing Jurnal’s Service that You make for the first time. Implementation and training on the use of the Services mentioned in paragraph 2 above can be carried out no later than 3 (three) months from the date of the first payment made by the User. If after the 3 (three) month period You have not carried out the free implementation and training, then You can carry out training and implementation with Us at an additional cost. All Implementation and training processes are held in an online manner. You will be charged with additional cost if the Implementation and training processes are requested to be held offline. These Terms and Conditions will re-apply automatically for the renewal period for a period as determined later, as long as You continue to pay the Subscription Fee that has been determined when it is due. F. Use of Third Party Services You can choose to access or use services provided by third parties that may be available on Jurnal’s Website (“Third Parties”). You hereby declare and acknowledge that You may separately be asked by the Third Party to comply with the terms and conditions of use and the privacy policy of the Third Party and/or the system and/or payment instrument providers available in the Third Party services. Jurnal only facilitates the provision of Third Party services provided by these Third Parties, which services are not owned by or under Jurnal’s control, so We are not responsible for these Third Party services, do not guarantee the correctness of these Third Party services, as well as the implementation of goods offerings and/or services by the Third Party. You agree to release Jurnal from any claims filed and losses incurred in any form, whether directly or indirectly, related to or in connection with Third Party services, violation of representations, warranties or provisions in the terms and conditions of use of Third Party’s services or non-implementation of a obligations in the terms and conditions of Your use of Third Party services. G. User Representations, Warranties, and Acknowledgements You warrant that, if You register to use the Service on behalf of another person, You have the authority to agree to these Terms and Conditions on behalf of that person, and agree that by registering to use the Service, You are binding on the person You represent to, or with the intention of to, act on their behalf for any of the obligations You have agreed to in these Terms and Conditions, without limiting Your own liability to those terms. You acknowledge that: You have the authority to use the Services and the Website, and to access information and data that You enter into the Website, including any information or data entered into the Website by anyone You have authorized to use the Services. You are also authorized to access information and data that has been processed, which is provided to You through Your use of the Website and Our services (whether You own the information and data or belong to someone else). Jurnal is not responsible to anyone other than You, and there is no intention whatsoever in these Terms and Conditions to benefit anyone other than You. If You use the Service or access the Website on behalf of or for the benefit of someone other than You (whether a legal entity or not, or otherwise), You agree that: You are responsible for ensuring that You have the right to do so; You are responsible for granting authority to anyone You give access to information or data, and You agree that Jurnal has no responsibility to provide anyone access to that information or data without Your authorization; You release Jurnal from any claim or loss related to Jrnal’s refusal to provide access to anyone to Your information or data in accordance with these Terms and Conditions, the provision of information or data by Jurnal to anyone based on Your authorization. Provision, access to, and use of the Service is provided as is and at Your own risk. Jurnal does not guarantee that the use of the Service will never be interrupted or error free. Among other things, the operation and availability of systems used to access the Service, including public telephone services, computer networks, and the internet, can be difficult to predict and may from time to time interfere with or prevent access to the Service. Jurnal however is not responsible for the interruption, or preventing access to the use of the Service. Jurnal is not Your accountant, and use of the Service does not constitute acceptance of accounting advice. If You have accounting questions, please contact an accountant. It is Your sole responsibility to determine that our Services meet Your business needs and can be used for their intended purpose. You remain responsible for complying with all applicable accounting, tax and other laws. It is Your responsibility to check that the storage and access to Your data through the Services and the Website complies with the laws that apply to You (including any laws that require You to keep records). H. Confidentiality and Privacy Confidentiality You undertake to maintain the confidentiality of all Confidential Information in connection with the use of the Service. You will not, without written approval from Jurnal, disclose or provide Confidential Information to anyone, or use it for Your own interests, other than as intended by these Terms and Conditions. Your obligations regarding these terms will survive the termination of these Terms and Conditions. The provisions of this article do not apply to information that: Has become public knowledge apart from violation of this provision; Received from a third party who legally obtained it, and has no obligation to limit its disclosure; and/or Self-developed without access to Confidential Information. Privacy Jurnal has and maintains a privacy policy that explains and stipulates the parties’ obligations to respect personal information. You are advised to read and understand our privacy policy which is available through env-wwwjurnalid-staging.kinsta.cloud/id/privacy and/or other sites as enforced by Jurnal as relevant. I. Intellectual Property Rights and Data Privacy Ownership and all Intellectual Property Rights obtained on the Service, Website, and any documentation related to the Service remain the property of Jurnal. For all information and data obtained by Jurnal from You in accessing and using the Service (hereinafter referred to as “Data”), You give valid approval to Jurnal to: obtain, access, and store Data entered by the User into the Website in order to access and use the Service optimally; use data that is not identified as personal data based on applicable laws and regulations, to optimize services, help Jurnal to find out how User use the Services, view and assess Service effectiveness, find and resolve problems found in Services, and develop Services for the benefit of User and/or develop, optimize and/or resolve problems within other services or product owned by of Jurnal’s affiliates; delete all Data uploaded by the User that are contrary to these Terms and Conditions and applicable law; and send service announcements, administrative messages, and other information to the User related to the use of the Service You are strongly advised to keep copies of all Data that You entered into the Service. Jurnal complies with the policies and follows the best procedures to prevent data loss, including daily system routines for backing up data, but does not make any guarantees that data loss will never occur. Jurnal clearly waives responsibility for any data loss for any reason. Jurnal is permitted to use and install the User’s logo and company name for commercial and marketing purposes, including both online media and printed materials (offline) that are used by Jurnal Such actions will be conducted fairly and in good faith, with no intention of misusing the User’s logo or company name. J. Limitation of Liability and Indemnification Jurnal will not be responsible for any losses, claims, expenses, damages, liabilities or costs arising from: Violation of these Terms and Conditions by You; Your use of the Service that is not in accordance with these Terms and Conditions, is not in accordance with the provisions of the laws and regulations or other provisions that We stipulate; If there are defects or damage that You cause due to modifications or add-ons to the product that are made without the approval of Jurnal; and/or You integrate the Service with other software, causing the Service to experience interruption. If the User(and/or its affiliated company that uses the Service (as relevant)) suffers a real loss when using the Service during the Active Period which has been proven to be caused by direct error or negligence by Jurnal, then the User can submit a request for compensation to Jurnal. Under any circumstances, the limit for compensation that can be given by Jurnal in relation to losses suffered by the User as referred to in paragraph 2 above is the maximum of the Subscription Fee that has been paid by the User to Jurnal (excluding applicable taxes) subject to the requirements as follows: The User is required to submit a request for compensation to Jurnal no later than 30 (thirty) calendar days since the loss occurs or since the User becomes aware of a loss that User has experienced, whichever occurs first; if the User uses the Service together with other User’s affiliates and the real losses are only experienced by certain User affiliates, Jurnal will only compensate the User for a maximum of Jurnal Subscription Fees that have been paid as relevant for the affiliate concerned; and Compensation paid by Jurnal is limited to the occuring Jurnal Subscription Fee paid for the Active Period of the User (and/or its related affiliate). However, if the User’s current Active Period is more than 12 (twelve) months, the calculation of compensation will be limited to a maximum of 12 (twelve) months. We will determine the amount of compensation that will be paid to You based on internal checks carried out through our system. The compensation decision provided by Jurnal is final and binding, so that by receiving compensation from the Jurnal, the User guarantees that there are no bills, costs, claims, demands or other obligations that arise or may arise, which can be invoiced by the User to Jurnal in connection with matters regulated in this article. To the extent permitted by the applicable laws, there is no responsibility from Jurnal to Users (or people who claim rights derived from the rights of other parties) for any actual or anticipated loss of revenue, profit, contract or business (whether directly or indirectly, loss of data, and/or any incidental, indirect or consequential loss or loss, in any case arising under or in connection with this Terms and Condition, unlawful acts (including negligence), violation of statutory duties or others. K. Termination of the Service Trial Policy When You first register to access the Service, You can evaluate the Service under the conditions for a predetermined trial period, with no obligation to continue using the Service. If You choose to continue using the Service after the trial period is over, You will begin to be billed from the same day You provide your billing information. You can delete Your trial account. In the event that You end Your use of the Service before the end of the Active Period for any reason, all Subscription Fees that You have paid to Jurnal are non-refundable. In this regard, Users are also obliged to pay all Subscription Fees that have been set out in the Terms and Conditions or other separate documents in connection with the use of the Services, whether or not the Subscription Fees has been billed by Jurnal. These Terms and Conditions can be terminated by each party with notification to the other party at least 30 (thirty) calendar days prior to the end of the payment period concerned. If You violate any of these Terms and Conditions (including, but not limited to, not paying any Subscription Fees) and do not resolve the violation problem within 14 (fourteen) calendar days after receiving the notification of violation if the violation problem can be resolved, then Jurnal can terminate access to the Services that You and/or Invited Users use. Termination of these Terms and Conditions does not reduce the rights and obligations of the parties that must be paid up to the date of termination. At the termination of these Terms and Conditions, You will continue to bear accrued fees and amounts due for payment before or after termination, and immediately stop using our Services and Website. With regard to the termination of the Jurnal Services provision cooperation between Us and You, the Parties agree to ignore the provisions contained in Article 1266 of the Civil Code, so that the Parties can automatically terminate the use of this Services without going through a judicial process. L. Dispute Resolution This Terms and Conditions will be governed and interpreted in accordance with the laws of the Republic of Indonesia. All disputes arising between the Parties related to the implementation and interpretation of this Terms and Conditions will be resolved amicably, within 30 (thirty) days after the dispute is notified to the other Party. Before contacting another party directly to negotiate to resolve a problem or dispute, You agree not to publish, write or copy in any media that could put Jurnal in a detrimental state. If no consensus is reached as regulated in paragraph 2 of this Article, the Parties agree to resolve the dispute at the Indonesian National Arbitration Board located at Wahana Graha Fl. 1 & 2, Jl. Mampang Prapatan No. 2, Mampang-Jakarta. As long as the dispute is still in the process of being resolved, You are still obliged to carry out the respective obligations that must be fulfilled in accordance with these Terms and Conditions or other documents (as relevant). M. Updates and Amendments to The Service or These Term and Conditions Jurnal services may change from time to time based on Jurnal policies, government decisions, technical changes to the system, and/or due to other reasons. Jurnal has the right to change these Terms and Conditions at any time, and takes effect when the new or revised Terms and Conditions are attached to the Jurnal Website. You are obliged to ensure that You have read, understood and agreed to the latest Terms and Conditions available on Jurnal’s Website. By registering to use Jurnal’s Service, You declare that You have read, understood and agreed to these Terms and Conditions, and are deemed to have the authority to act on behalf of anyone who is registered to use Jurnal’s Services. You are obliged to agree to all the provisions stipulated in the Usage Agreement (if any), including provisions regarding Jurnal Services subscription fees, payment terms and other technical provisions as relevant. The Usage Agreement is a separate document but is an integral part of these Terms and Conditions. If there is a conflict or difference in interpretation between the Terms and Conditions and the Usage Agreement, the provisions in the Usage Agreement shall apply. M. Miscellaneous These Terms and Conditions, together with Jurnal’s Privacy Policy and the provisions of any notices or instructions given to You under these Terms and Conditions supersede all prior agreements, representations (both oral and written), and understandings, and constitute the entire agreement between You and Jurnal related to the Service and other matters discussed in these Terms and Conditions. If either party waives any breach of these Terms and Conditions, this will not release them from other infringement claims. A waiver is not effective unless made in writing. You cannot assign or transfer Your rights and obligations arising from these Terms and Conditions to another third party without written approval from Jurnal. These Terms and Conditions comply with the legal provisions in force in the territory of the Republic of Indonesia. If there is a dispute between You and Jurnal, it will be resolved first by deliberation to reach a consensus. If an agreement is not reached in this way, then both parties agree to resolve the issue through legal procedures by choosing the legal position of the Republic of Indonesia at the Central Jakarta District Court. Any notice given under these terms by one party to the other must be in writing via email and will be deemed given at the time of transmission. Notifications to Jurnal must be sent to halojurnal@mekari.com or to another email address notified to You by Jurnal. Notifications to You will be sent to the email address that You provide when creating Your access to Jurnal’s services. Jurnal Services may be interrupted by events beyond our authority, beyond our power or control, including but not limited to natural disasters, internet connection disruptions, power outages, telecommunications disruptions, government policies, and others (“Force Majeure”). You agree to release Jurnal from any claims and responsibilities, if Jurnal is unable to facilitate the service, including fulfilling the instructions You give through Jurnal’s application, website, and/or Account, either in part or in whole, for any reason due to Force Majeure. The User understands and agrees that based on the sole discretion of Jurnal, Jurnal has the right to stop, revoke and/or refuse User’s or Invited User’s access to the Service, partially or completely and either temporarily or permanently, with/without prior notification, if it is suspected that following events has happened (i) the User does not fulfill the payment conditions as stipulated in these Terms and Conditions, (ii) there are indications of fraud, data theft, fraud, does not fulfill one or all of these Terms and Conditions, there is a violation of the applicable laws and regulations or other causes, so that therefore any losses arising from these actions are not the responsibility of Jurnal and Jurnal, in any case, is not obligated to provide any compensation to User or Invited Users for this matter.
TERMS AND CONDITIONS OF MEKARI PAY SERVICES (“Terms of Use”) Welcome to the Mekari Pay Platform owned and managed by PT Cipta Fasilitas Satu or CFS, as defined below. The Terms of Use listed on this page govern the Services in connection with the provision of the platform by CFS to facilitate the provision of Services provided by CFS in collaboration with Partners to you. By accessing and using the Services, you acknowledge that you have read, understood, accepted, and agreed to these Terms of Use and therefore you have agreed to be legally bound by the Terms of Use and other documents in connection with these Terms of Use. If you do not agree to these Terms of Use, please do not use this Service. The Services are intended for use by (i) individuals or individuals who are at least 18 (eighteen) years of age and have the legal capacity to be a party that can be bound in a binding agreement; (ii) business entities and/or legal entities represented by authorized representatives and have the legal capacity to be a party to a binding agreement; and/or (iii) cannot be used by a person, business entity or legal entity that could potentially, be considered or already be unlawful. If you have met these qualifications, you are permitted to access or use the Services. A. DEFINITIONS The terms used in these Terms of Use have the following meanings: “Affiliate” means affiliated parties of CFS who directly or indirectly control, are under joint control with, or are controlled by CFS to support CFS in implementing this Service, including but not limited to PT Jurnal Consulting Indonesia, which is involved in the process of providing products in the form of applications for opening or accounting for businesses/companies that can be accessed via env-wwwjurnalid-staging.kinsta.cloud. “Mekari Pay Account” means any account in your name in the form of an identification gateway issued by Us and/or Partners to you, as applicable, for the purpose of using the Service. “You” means anyone who accesses and/or uses the Service. “We” or “CFS” means PT Cipta Fasilitas Satu. “Service” means features or applications that can be used including but not limited to receiving payments and sending funds created, managed, developed by CFS, Affiliates and/or in collaboration with Partners. “Partner” means a legal entity that provides payment system services in collaboration with CFS and is supervised by Bank Indonesia. “Platform” means a digital platform or marketplace owned or managed by CFS to facilitate payment receipt and fund transfer transactions offered and provided by Partners. B. GENERAL PROVISIONS The services in these Terms of Use are payment acceptance and fund transfer services offered to you based on cooperation between CFS and Partners. In the event that you have activated and will use the Services, you are required to comply with and fulfill the requirements for using the Services by you contained in the Platform or required by the Partner. You understand that the service standards and service level agreements (SLA) in the provision of services and the registration inspection and verification process follow the provisions set by the Partner, and therefore you hereby release Us from all demands and claims arising from any obstacles, inconsistencies, rejections, detentions carried out by Us. The SLA for the provision of Services and the registration inspection and verification process refers to the Platform service standards issued by CFS and/or Partners and may change from time to time without prior notice to you. We have the right to limit, withhold or reject your application for the Service, if you are not willing to provide all the requested requirements, your required documents do not meet or comply with Our requirements, and/or there is use of Our Services that is not in accordance with applicable regulations or these Terms of Use By registering for and using Our Services, you hereby represent and warrant that: All information you provide to Us is true, accurate, complete, and not misleading; The funds used in the context of transactions on the Service and/or fees charged and enforced based on these Terms of Use are legitimate sources of funds, and are not funds originating from money laundering, funding of terrorism activities, gambling, corruption, illegal logging, and other criminal acts that violate applicable laws and regulations or constitute a violation of the interests of any party. You will use the Service in accordance with the intended use of the Service; You are fully responsible for the use of the Service and all legal consequences arising from it;and You will not do anything that can limit or reduce Our rights as stipulated in these Terms of Use. You hereby give unconditional and irrevocable consent to Us to create a Mekari Pay Account, marketing, explanation, and/or billing in connection with the use of the Service. We will use and provide information/data from You to Partners in connection with the use of the Service and in order to provide and/or develop the Service. You also agree to indemnify Us for any loss or damage arising from the Partner’s failure to secure such information. You fully acknowledge that this consent is given without coercion, in a competent condition, and in a conscious state. We will maintain the confidentiality of Your personal information/data, and will use Your personal information/data only for the purposes of implementing and using the Service. You promise to only use the Platform and/or Service solely for the purpose of using the Platform and/or Service provided by CFS or the relevant Partner as stipulated in the Terms of Use, including accessing information regarding the Service, and will only use access that is permitted or has the right to be used. You promise not to use the Platform and/or Service for any purpose, activity, attempted attempt, or take any action, which is against the law. We may take steps or undertake efforts that are possible under applicable laws, including but not limited to, disabling or closing or not providing access to the Platform and/or Services, conducting checks or investigations and collecting data on your activities through the Platform, submitting reports to the relevant authorities, issuing warning letters, terminating these Terms of Use, filing claims or lawsuits, and/or taking any legal efforts or processes available under applicable laws and regulations, in the event of any indication of fraud, provision of incorrect or misleading information, data and/or documents, violation of these Terms of Use, and/or applicable laws and regulations by you. We may involve and/or cooperate with independent third parties and/or law enforcement officers in taking the actions as mentioned above. We reserve the right to monitor your access, activity, use of the Platform and/or Services to ensure your compliance with these Terms of Use or to comply with legal requirements. C. SERVICE ACTIVATION TERMS You may use the Service after you have completed the initial electronic registration process available on the Platform, and have a Mekari Pay Account. To create a Mekari Pay Account, you are required to (a) fill in and provide information, data and/or documents accurately and completely, (b) fulfill all terms and conditions stated on the Platform, and (c) carry out all mandatory procedures, as required or determined by CFS, Affiliates and/or Partners from time to time at the full discretion of CFS, Affiliates and/or Partners. Activation of the Platform is carried out by you activating a Mekari Pay Account on the application that you use in the Mekari ecosystem. You may only use the Service on the Platform after completing the Know Your Customer (“KYC”) process contained in the Platform or the platform owned by the relevant Partner. You must agree to these Terms of Use first in order to proceed to the Service application page contained in this Service. In the event that it is required by applicable laws, We have the right from time to time to ask you to fill in and/or provide information, data and documents and information needed correctly, completely, and accurately in the activation process through the Platform in connection with the implementation of KYC in accordance with applicable laws and/or based on Our internal policies and/or Partners. We have the right to approve or reject the registration and creation of a Mekari Pay Account and/or KYC for the Services requested by you. You agree that any information, data and documents that have been provided and submitted to CFS can be provided and submitted by Us to Partners for the benefit of using the Services. Information, data and documents required in connection with KYC, including but not limited to: Individuals: Owner’s Identity Card (KTP); Taxpayer Identification Number (NPWP); Selfie with Owner’s KTP. Bank account information; Telephone number; Email address; and Website or application site. Business entity/legal entity: Deed of Establishment and its amendments including ratification of the Decree of the Ministry of Law and Human Rights; Taxpayer Identification Number (NPWP); Business License and/or Business Identification Number (NIB) (as relevant); and Owner/Director’s ID card (as relevant). Product/business name; Business description; Bank account information; Telephone number; Email address; and Website or application site. The above required documents (“KYC Documents”) may be determined or changed from time to time at the sole discretion of CFS or Partner. You guarantee and ensure that the documents provided to Us relating to Your data are not in dispute, and hereby release Us from any demands, claims, losses arising from violations of these Terms of Use. We have the right to suspend/close your use of the Service if the KYC Documents provided are deemed incomplete and/or incorrect. D. TERMS OF USE OF SERVICES In the event that you have activated and will use the Service, you must comply with and meet the requirements for using the Service as follows: Billing. In billing your customers, you can bill using an electronic system supported by Us. The billing you do will be the same as the billing contained in the Platform, where We only forward the information to your customers through the electronic system. You are required to re-check all bills that you give to your customers to avoid losses or loss of profit for you. You hereby release Us from responsibility for errors and/or negligence that you or your customers make in billing that causes losses or loss of profit to you. Bill Payment. In the billing that you do through the Service, your customers can choose the available payment method and continue the bill payment process. The value and information regarding the payment to be made by the customer is the same value and information as the bill you send to your customer. You hereby declare that you have understood and agree that the processing of bill payments is entirely the responsibility of the Partner. Your customer’s payment will be received by Us in your virtual account. The estimated time for receipt of a payment is in accordance with that which applies from time to time by Us or the Partner related to the processing of this payment. Fees. We have the right to charge a fee for your use of Mekari Pay which will be charged to you for each transaction. The fee will be deducted from the payment that you should receive from your customer, calculated from the value of the payment by your customer. We have the right from time to time to make changes to these Terms of Use including but not limited to matters governing fees to adjust to business developments and applicable legal provisions. Changes to these Terms of Use will be notified to you before the changes become effective. By continuing to access and use the Mekari Pay Feature, you declare that you have read, understood and agree to be bound by the changes to these Terms of Use. Chargeback. If your customer submits a chargeback and the buyer is entitled to payment for the purchase of your goods and/or services, then you are obliged to make a payment in the amount of the chargeback imposed. We have the right to withhold payments made by your customers through Mekari Pay until all your obligations are met or to charge you directly for the chargeback. You can learn about the chargeback process on this site. Withdrawal. You can also withdraw your Mekari Pay balance. The balance you withdraw will go into the bank account you registered when activating Mekari Pay. In the event that the processing of Mekari Pay balance withdrawals is carried out by the Partner, then you hereby declare that you have understood and agreed that the processing of bill payments is entirely the responsibility of the Partner and the estimated time for funds to be received into the registered bank account is in accordance with that applicable from time to time by the Partner. 6. Dormant Mekari Pay Account. If you do not have any transactions within 90 (ninety) calendar days after the go-live date or your last transaction date (“Dormant”), We may consider the Mekari Pay Account to be Dormant, and We will send you a written notification to inform you that your Mekari Pay Account has been considered Dormant. With a Dormant Mekari Pay Account, all Services will be deactivated. To reactivate your Mekari Pay Account in order to use the Services, you will be asked to re-send some information and/or documents to Us to re-conduct customer due diligence as required by applicable laws. Termination of Use. If you are inactive in using the Service for 12 (twelve) consecutive months, we may assume that you have stopped using the Service and we have the right to terminate the Service. In the event that there is a remaining balance in the Mekari Pay Account without any transaction activity, and we do not receive instructions from you to forward or refund the funds, we have the right to and you hereby authorize us and/or the Partner to transfer the funds to the Estate Agency (“BHP”), in accordance with applicable regulations. We will try to send a written notification to your last registered email or physical address in our system. You agree that once we transfer the funds to BHP in accordance with this Clause, we are no longer responsible for the funds and you will be directly involved with BHP to claim the funds. We can assist in providing documentation of ownership, transfer data and dates, and any relevant information or data, for you or your successor/heir (if you are an individual) for the purpose of claiming the funds from BHP. You understand and accept that BHP has sole discretion whether to release funds that may be claimed by you, and you will release Us and/or the Partner from any difficulties or failures in claiming such funds. Miscellaneous. In order to make these Terms of Use enforceable in accordance with the laws and regulations in force in Indonesia, We and/or the Partner have the right to provide you with an agreement or other documents for you to agree to and request documents required for the benefit of Us or the Partner related to the implementation of the Services. By agreeing to these Terms of Use, you state that you are subject to the terms and conditions of the Partner. You hereby state and warrant that We are not responsible for the implementation of the Partner’s terms and conditions and release us from any losses or loss of potential profits due to any errors or negligence of the Partner in implementing the terms and conditions including but not limited to the processing of payments and/or the security of your data that We send to the Partner. You understand that these Terms of Use are made and prepared as electronic documents as referred to in the applicable laws and regulations. If at a later date these Terms of Use are required to be signed by each related party, then each party agrees to sign it electronically and all costs arising from such electronic signing will be borne by you and billed by us. E. OTHER PROVISIONS All matters relating to access to, or use of, the Services and/or Platform are governed and created under Indonesian law. Failure to meet these requirements constitutes unauthorized and illegal use of the Services and/or access to Our Platform. Our Intellectual Property, including but not limited to copyrights, patents and trademarks for and on behalf of Us are fully owned and become Our fixed assets. You should assume that everything You read or see in connection with Your use of Our Services is Our intellectual property, or a third party who licenses the right to use such intellectual property to Us. Except as expressly stated, everything You read or see in connection with Your use of Our Services or any source code or HTML code We use to generate the Services, may not be copied, reproduced, modified, distributed, transmitted, republished, displayed, or used commercially without Our prior written consent, unless permitted by applicable laws and regulations. We reserve the right to take any legal action we deem appropriate in response to any violation or alleged violation by you of our Intellectual Property, including but not limited to suspension or termination of access and/or account closure. We may cooperate with legal authorities and/or third parties in the investigation of any suspected crime or civil violation. Except as may be expressly limited by the Privacy Policy, We reserve the right at all times to disclose any information We deem necessary to satisfy any law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Our sole discretion. These Terms of Use may be changed, modified, supplemented or updated from time to time without prior notice. We recommend that You read carefully and check this Terms of Use page from time to time for any changes. By continuing to access and use Our Platform and Services, You are deemed to have agreed to the changes in these Terms of Use. Unless otherwise stated, any additional Services will also be subject to these Terms of Use effective as of the date of such addition. In the event of any discrepancy between these Terms of Use and any marketing media (including but not limited to online media), these Terms of Use shall apply. Other provisions not expressly regulated in these Terms of Use shall refer to the provisions regulated in other terms & conditions regulated in the Platform. You hereby release Us from all forms of responsibility and are required to compensate for all losses We experience due to misuse of the Platform, including the Service in the event of a violation of the Terms of Use, and other terms & conditions regulated in the Platform. By clicking the “Agree” button on this Terms of Use page, You declare that you have read, understood, and agree to be bound and subject to all provisions contained in these Terms of Use.
TERMS AND CONDITIONS OF MEKARI CAPITAL SERVICES (“Terms of Use“) Welcome to the Mekari Capital Platform which is owned and managed by PT Cipta Fasilitas Satu or CFS, as defined below. The terms and conditions for Services on the Platform listed on this page regulate the Platform provision services by CFS to facilitate technology-based collective financing services transactions provided by Partner to User. By accessing and using the Services, You acknowledge that You have read, understood, accepted and agreed to this Terms of Use and therefore You have agreed to be legally bound by the Terms of Use as well as other related documents in connection with this Terms of User. If You do not agree to this Terms of Use, please do not use this CFS Services. The CFS Services are intended for use by (i) individuals or individual who are at least eighteen (18) years of age and have the legal capacity to be a party to a valid agreement; and/or (ii) a business entity and/or legal entity represented by an authorized representative and have the legal capacity to be a party to a valid and binding agreement; and (iii) not to be used by any person, business entities or legal entities whose use may have the potential, are considered or already violate the law. If You have met these qualifications, then You are permitted to access or use the Service. A. DEFINITION The terms used in this Terms of Use have the following meanings: “Account” means any account in the name of a User registered on the Platform managed by CFS. “You” or “User” means any person who accesses and/or uses the Service. “We” or “CFS” means PT Cipta Facilitas Satu. “Service” means the service provided by the Platform to facilitate the transaction of information technology-based collective financing services provided by the Partner to the User contained in the Platform. “Mekari” means the affiliated parties of CFS that directly or indirectly control, are under common control with, or are controlled by CFS to support CFS in performing this Service, including but not limited to: PT Mid Solusi Nusantara, which is limited to the process of providing products in the form of a human resources information system application that can be accessed through www.talenta.co; PT Jurnal Consulting Indonesia, which is involved in the process of providing products in the form of opening applications and business/company accounting that can be accessed through env-wwwjurnalid-staging.kinsta.cloud. “Partner” means a legal entity that provides information technology-based collective financing services in collaboration with CFS and is supervised by the Financial Services Authority (OJK). “Platform” means a digital platform or marketplace to facilitate transactions of Partner and User for information technology-based collective financing services known as Mekari Capital. B. GENERAL PROVISIONS We are solely the provider of the Platform which functions as a means of connection between Partner and User in connection with the granting and disbursement of loans based on the Service. Therefore, We do not act as a creditor or lender of the loans referred to in this Terms of Use and the loan agreement between the Partner and the User. The legal relationship arising in the provision of loans and their implementation is between the Partner and the User, and therefore all risks and responsibilities for loans and transactions that occur on the Service and its implementation are fully borne by each of the Partner and User. We may provide certain links on the Platform that refer or direct you to the Partner’s and/or third party’s website or application designated by the Partner or CFS. You acknowledge and agree that CFS is not responsible for the information, content and/or other materials contained in the links belonging to such Partners and/or third parties. You promise to only use the Platform and/or Service solely for the purpose of using the Platform and/or Service provided by CFS or its related Partner as set forth in the Terms of Use, including accessing information regarding the Service, and will only use access that is authorized or entitled to use. You promise not to use the Platform and/or the Service for any purpose, activity, attempted or any action, which is unlawful. We may take steps or take measures that are possible in accordance with the provisions of applicable law, including but not limited to, disabling or closing or not providing access to the Platform and/or the Service, conducting examinations or investigations and collecting data on User activities through the Platform, submitting reports to the competent authorities, issuing warning letters, terminating this Terms of Use, filing claims or lawsuits, and/or take any available legal remedies or proceedings based on the provisions of applicable laws and regulations, in the event that there are indications of fraud, provision of incorrect or misleading information, data and/or documents, violation of this Terms of Use, and/or applicable laws and regulations by the User. We may engage and/or cooperate with independent third parties and/or law enforcement officials in taking the actions mentioned above. We have the right to monitor the access, activity, use of the Platform and/or Service by the User to ensure the User’s compliance with this Terms of Use or to comply with the provisions of applicable laws and regulations or even court orders or other competent authorities. C. TERMS OF ACCOUNT AND PLATFORM ACTIVATION You may use the Service once You have completed the initial electronic registration process available on the Platform, and have an Account. To create an Account, you must (a) fill in and provide information, data and/or documents accurately and completely, (b) fulfill all terms and conditions stated on the Platform, and (c) carry out all mandatory procedures, as required or determined by CFS and/or the Partner from time to time at CFS and/or the Partner’s sole discretion. Activation of the Platform is done by activating your Account on the application you use in the Mekari ecosystem. Apart from completing the initial registration for the creation of an in-app Account that you use in the Mekari ecosystem, You can only use the in-Platform Service after completing the Know Your Customer (“KYC“) process contained in the Platform or the relevant Partner’s platform. You must agree to this Terms of Use first to be able to proceed to the loan application page contained in this Service. In the event that is required by applicable legal provisions, We have the right to from time to time request the User to fill in and/or provide certain information, data and other documents as required, including electronically, to CFS. You agree that in the event that in the future there are changes to the information, data and documents that you have provided to CFS, You will immediately update the information, data and documents by providing and submitting the changes to CFS through the Platform or the email listed on the Platform, as relevant. We have the right to approve or reject the registration and creation of an Account and/or KYC for the Service requested by the User. You agree that any information, data and documents that have been provided and submitted to CFS may be provided and submitted to the Partner for the purpose of using the Service. In connection with the activation of the Platform mentioned above, We have the right to request from You, and You are obliged to provide the data, information and/or documents required in a correct, complete and accurate manner in the activation process through the application in the Mekari ecosystem that You use for the implementation of KYC in accordance with laws and regulations and/or based on Our and/or Partners’ internal policies, that apply. Documents required in connection with the use of the Service, including but not limited to: Individual: Identity Card; Taxpayer Identification Number (NPWP); Bank statement for the last 3 (three) months; Family Card. Business entity/legal entity: The Deed of Establishment and its amendments, including the last articles of association and any relevant Decree of the Ministry of Law and Human Rights; Taxpayer Identification Number (NPWP); Business licensing documents in the form of Business Identification Number (NIB), Business License, Operational/Commercial License, and business license from the authorized authority; KTP and NPWP of each Board of Directors and Board of Commissioners; Identity documents of the Shareholders, both individuals and business entities/legal entities. Bank statement for the last 3 (three) months; Minimum 3 (three) bill recording documents/purchase orders; Financial Statements showing profit and loss statements as well as financial balance sheets signed and stamped by internal or external auditors for the latest 2 (two) years. The aforementioned required documents (“KYC Documents”) may be determined or amended from time to time at CFS or the Partner’s sole discretion. At Our sole discretion, We have the right to conduct checks on the User from time to time, including but not limited to, requests to the User to show a proof of identity or other documents that We deem necessary, and the User understands and agrees that We have the right to terminate or deny access to the Service in the event that the User refuses to provide a proof of identity or other documents. You warrant and ensure that the KYC Documents provided to Us in relation to Your data are not in dispute. In the event that KYC for the Service has been approved by CFS and/or the Partner, you are deemed to have activated the Service so that you have the right to access information regarding the Service, including but not limited to, (i) giving consent and authorization to CFS to manage the Account; and (ii) carry out transactions in the form of loan application, receiving disbursements on loans, making repayment of outstanding loans. You hereby release Us from all demands, claims, losses that occur from the violation of this Terms of Use. We have the right to suspend Your use of the Service if the KYC Document provided is considered incomplete and/or incorrect. D. TERMS OF USE OF THE SERVICE The Service in this Terms of Use are financing services offered to you based on CFS’s cooperation with Partner. To be able to access and use the Service, You need to follow the registration process and other activation steps as arranged by the Partner, and complete the KYC Document (as required). We are not responsible for the consequences that occur if there is untrue, inaccurate, or misleading information regarding the data and information posted by you on the Partner Platform that causes losses to third parties. You understand that the service standards and service level agreements (“SLAs“) for the examination and verification of the registration process as well as the disbursement process will follow the terms of the Partner and therefore you hereby release us from all demands and claims arising from any obstacles, non-conformities, refusals, withholding made by the Partner. We and/or Partner have the right to restrict, withhold or reject Your application for the Service, if You are not willing to provide all the requested requirements or your KYC Documents do not meet or comply with the requirements of Us and Partner. By registering on the Platform, you hereby warrant that: Any information you provide to Us is true, accurate, complete, and not misleading; You will use the loan in accordance with the usage plan as stated in Your loan application; You are solely responsible for the loan and all legal consequences arising therefrom; and You will not do anything that may limit or reduce Our rights as set forth in this Terms of Use. You hereby give Us unconditional and irrevocable consent to forward the KYC Documents, submit any notices or information to the Partner and/or credit rating agencies (“Selected Third Parties“) in connection with You, in order to provide and/or develop the Service. You also agree to indemnify Us for any loss or damage arising from the failure of the Selected Third Party to secure such information. You fully acknowledge that this consent is given without force, in a capable condition, and in a conscious state. The SLA for the Service refers to the Platform service standards published by CFS and/or Partners and may change from time to time without prior notice to You. E. TERMS OF USE THE SERVICE In the event that You have activated and will use the Service, You must comply with and fulfill the requirements to use the Service by You contained in the Platform or required by the Partner. F. TERMS OF PAYMENT FOR SERVICE If You agree to use the Service, and have fulfilled the KYC Documents as described in the Terms of Use of the Service above, then You have an obligation to comply with this Terms of Payment for Service. For the Loan that You have received and used in accordance with the usage plan as stated in Your loan application, You must pay it in accordance with the tenor period and mechanism that has been agreed in Your loan agreement. You can view the details of Your loan installment payment in the form of installment payments, remaining payments, payment dates, etc., through the Platform or request the details of such information to Us through our email at merchant-financing@mekari.com or Whatsapp Business Number +62 821-1371-2993.
