Syarat & The conditions set out below govern the use of the services offered by PT Digital Solusi Pratama ("our” or "Nüpay").

Welcome to the App Nüpay!

Thank you for accessing the site or downloading, using services, products and/or applications (“Aplikasi”) Nüpay. Nüpay application is an e-wallet application service published by us. When you access, download or use the Nüpay Application, these Terms and Conditions apply to you. By continuing to access, download or use the Nüpay Application, you acknowledge and agree that you have carefully read, understood, accepted and agreed to all of these Terms and Conditions which will act as an agreement between you as an individual user (“you”) and Nüpay. These Terms and Conditions also apply whenever you make a transaction using the Nüpay Application through another platform provider partner who signs a cooperation agreement with us and uses the Nüpay Application as a payment method.

A.       USE OF Nüpay APP

1.       Registration
        
        To be able to become a user of the Nüpay . Application(“User Nüpay”), You must register via the Nüpay App You must ensure the truth and accuracy of any data, information and/or information in any form that you submit to us from time to time or that you include or submit in, on or through the Nüpay Application Nüpay.

2.       Verification Code (Disposable Passcode/OTP)            
        
        OTP code will be sent when Nüpay User creates a new Nüpay account.
        users must wait for 30 (thirty) minutes after requesting 5 (five) OTP code requests.
        Nüpay users are required to maintain the confidentiality of the OTP code and not share the OTP code with anyone.

3.       Security Code
        
        During the new account registration process, Nüpay Users are required to generate a Security Code.
        The Security Code is generated by the Nüpay User when registering an account which consists of a minimum of 8 (eight) character digits and a minimum of 1 uppercase letter and a number.
        Nüpay account will be blocked for some time if Nüpay User enters wrong Security Code five times in a row.
        Nüpay users are required to maintain the security and confidentiality of the identification Security Code that we provide to you. In the event of disclosure of your password, in any way that results in unauthorized use of your account or identity, the order(s) received for such unauthorized use will still be considered a valid order and we will process the order. You hereby declare that Nüpay is not responsible for any loss or damage arising from such misuse of your account.

B.       ACCOUNT DISABLED OR CLOSURE BY US

1.       We are entitled to (i) not carry out orders from you, (ii) discontinue or discontinue or limit transactions, (iii) terminate, suspend or deactivate your Nüpay account, and/or (iv) terminate or suspend your membership as a Nüpay User, where for each of the conditions mentioned above either temporarily, for a certain period of time or for a further time based on considerations or decisions made we consider it good, if one or more of the following conditions occur::

    a.   based on our judgment, decision and/or consideration, we know or suspect that the Nüpay account and/or the services we provide are used for fraudulent, criminal, criminal acts and/or for other purposes, reasons, actions or activities that violate applicable laws and regulations. valid in Indonesia;

    b.   based on our judgment, decision and/or judgment, we know or suspect(a) there has been an unusual transaction, and/or (b) the number of transactions using or through a Nüpay account and/or Security Code in one day exceeds the number or fairness level of transactions that we have set;

    c.   based on our judgment, decision and/or consideration, you have violated one or more provisions of these Terms and Conditions;

    d.   some or all of the data that you submit is not true, incomplete, false, fictitious and/or misleading;

    e.   The email address or phone number that you have entered or used for the use of the Nüpay Application or to make transactions has been blocked

    f.   ou have not completed the process or requirements as stipulated in the legal provisions and/or laws and regulations in force in Indonesia;

    g.   We are currently updating, maintaining, changing, updating, adjusting, replacing and/or other actions on the Nüpay Application (or any part thereof) and for that we are not obliged to be responsible for it to anyone; and/or

    h.   You pass away or the company, business entity, legal entity or civil partnership you represent is declared or filed for bankruptcy or liquidation or is in a state of bankruptcy or liquidation

2.       You agree and bind yourself not to take any action that may limit, inhibit and/or reduce one or more of our rights and/or authorities based on these Terms and Conditions as well as the laws and regulations in force in Indonesia.

C.       LIABILITIES, REPRESENTATIONS AND WARRANTIES

1.       You may only access or use the Nüpay Application (a) in accordance with these Terms and Conditions, (b) for lawful purposes, and (c) tis not used for purposes or acts of fraud, violation of law, crime or other actions, activities, actions or purposes that violate or conflict with the law, applicable laws and regulations or the rights or interests of any party. It is your sole responsibility to check and ensure that you have downloaded the correct software for your device. We are not responsible if you do not have a Nüpay App compatible device or if you have downloaded the wrong software version for your device.

2.       You are prohibited from using the Nüpay Application or conducting transactions: (a) for purposes, activities, activities or actions that violate the law or violate the rights or interests of any party, including Intellectual Property Rights or privacy rights of other parties; (b) which contains materials or elements that are harmful or harmful to any party; (c) that contains software viruses, worms, trojan horses or other malicious computer code, files, scripts, agents or programs; and (d) that interferes with the integrity or performance of the Nüpay Application and its supporting systems.

3.       You are prohibited from taking any action including in or through the Nüpay Application that may damage or impair our reputation.

4.       You are required to ensure that you do not share your security information with other parties. Any transaction orders made through your Nüpay account from the Nüpay Application will be deemed to have been authorized by you, and constitute your order to make a transaction. You will bear all losses incurred due to your negligence and we will not be responsible for your negligence.

5.       You hereby expressly agree and represent and warrant that:
    a.   You are an individual who is legally capable of taking legal action under the laws of the Republic of Indonesia including to bind yourself in these Terms and Conditions. If you are under the age of 18 (eighteen) years or under guardianship, you warrant that the opening of a Nüpay Account has been approved by your parent, guardian or legal guardian.

    b.   You have the right, authority and capacity to use the Nüpay Application and to comply with and implement all of these Terms and Conditions;
    
    c.   if you register or download the Nüpay Application on behalf of a legal entity, civil partnership or other party, you hereby represent and warrant that you have the legal capacity, rights and authority to act for and on behalf of the legal entity, civil partnership or other party. this includes but is not limited to binding the legal entity, civil partnership or other party to comply with the entire contents of these Terms and Conditions;
    
    d.   You represent and guarantee that the funds used in the transaction are not funds originating from criminal acts that are prohibited under the laws and regulations in force in the Republic of Indonesia, this account opening is not intended and/or intended in the context of efforts to commit money laundering crimes in accordance with the provisions of the applicable laws and regulations, transactions are not carried out for the purpose of deceiving, obscuring, or avoiding reporting to the Financial Transaction Reports and Analysis Center (PPATK) based on applicable laws and regulations, and you are fully responsible for and release us from any claims, claims, or compensation in any form, if you commit a crime of money laundering based on the provisions of the applicable laws and regulations;
    
    e.   All data whether you have submitted or stated or that you will convey or include either directly or indirectly in the future or from time to time is true, complete, accurate, current and not misleading and does not violate rights (including but not limited to: intellectual property rights) or the interests of any party. Submission of your data to us or on or through the Nüpay Application does not conflict with applicable laws and does not violate any deed, agreement, contract, agreement or other document to which you are a party or to which you or your assets are bound.;
    
    f.   The Nüpay application will be used for your own benefit or for the benefit of a legal entity, business entity, civil partnership or other party that you legally represent as referred to in letter (c) above;
    
    g.   You will not give rights, authority and/or power of attorney in any form and under any circumstances to other people or parties to use data, Nüpay accounts, OTP and/or Security Codes, and for any reason and under any circumstances you will not and are prohibited from to transfer the Nüpay account to any person or party; and
    
    h.   in or when using the Nüpay Application, you agree to comply with and implement all applicable laws and regulations in Indonesia including the laws and regulations in your home country as well as in the country or city where you are located.

6.       By carrying out transactions through the Nüpay Application, you understand that all communications and instructions from you that we have received will be treated as strong evidence even though they are not made in the form of a written document or issued in the form of a signed document and thus, you agree to indemnify and release us and our partners from all losses, liabilities, demands and expenses (including litigation costs) that may arise in connection with the execution of your instructions.

D.       LIMITATION OF LIABILITY

1.       Services are provided on an "as is" condition. and “as available”. We make no representations or warranties of any kind regarding the reliability, security, timeliness, quality, suitability, availability, accuracy and/or completeness of the Nüpay Application services. We make no representations or warranties of any kind that:

    a.   use of the Nüpay Application (or any part thereof) will be secure, timely, uninterrupted or free from errors, tampering, viruses or other obstructions or other harmful components;
    
    b.   The Nüpay Application may continue to operate or be used together or with a combination of devices (both hardware and software) or other party systems that we do not provide or have for the operation of the Nüpay Application;
    
    c.   the provision of the Nüpay Application or the smooth transaction or use of the Nüpay account will meet your requirements or expectations;
    
    d.   every transaction data that we store or store in the Nüpay Application and its supporting system is accurate or correct;

    e.   the quality of service or the Nüpay Application will meet your requirements or expectations; and

    f.   there will be no errors, interruptions or defects from the Nüpay Application and its supporting systems.

2.       You acknowledge and agree that we have the right to block and/or close the Nüpay Account if (a) We understand and have sufficient reasons to state that there has been or will occur financial or banking or criminal manipulation related to the Account and/or services/facilities Nüpay users; (b) Nüpay users provide us with invalid/incomplete data; (c) there is a written request from the Police, Prosecutors Office, Court, Financial Transaction Reports and Analysis Center (PPATK), Tax Office or other authorized institution in accordance with applicable laws and regulations in Indonesia or to fulfill obligations/debts that have not been settled by the User. Nüpay.

3.       You hereby acknowledge that the Nüpay Service, Application, Account and/or System may experience, there are or occur restrictions, delays and/or other problems including those caused by or in connection with (a) network unavailability or limitation (including internet network) and/or or use or (b) the unavailability, interruption or malfunction of certain features on the device you are using. We are not responsible for any delays, obstacles, interruptions, failures of a transaction caused by the above.

4.       You hereby acknowledge that there is a possibility that (a) the Nüpay System or Application (or any part of the Nüpay System or Application) is unstable, disrupted, stalled, does not work properly, does not run perfectly and/or has some bugs, and/or has some bugs, and/or or (b) the Service (or certain features or parts) may change, is not available and upon such occurrence you agree not to make a claim against us.

5.       In any case, we are not responsible for any claims from any party including from you or for your losses and any party that occurs as a result of or in connection with:

    a.   data loss;

    b.   loss of income, profits or other income;

    c.   loss, damage or loss arising out of, or in connection with your use of the Nüpay Application or for your inability or error in using the Nüpay Application; or
    d.   claims or lawsuits that you experience that may arise as a result of incomplete delivery of information from you or as a result of not carrying out your instructions, including cancellations, changes to instructions (for instructions that have not been executed) submitted to us, unless the loss occurs due to an error. our willful or our negligence.

6.       You hereby agree and bind yourself to hold us harmless from any and all claims of any kind whatsoever, from any party and submitted, which may arise or occur in connection with or as a result of:

    a.   the use of data by us based on these Terms and Conditions or based on the approval, acknowledgment, authority, power and/or rights that you have given either directly or indirectly to us in these Terms and Conditions;

    b.   providing any data either directly or indirectly by You to Us or in or through the Nüpay Application which (i) violates or violates applicable laws or regulations, (ii) violates the rights (including intellectual property rights) of or belongs to any person or party, or (iii) violates any contract, cooperation, agreement, deed, statement, determination, decision and/or document to which you are a party or to which you or your assets are bound.

    c.   use of the Nüpay Application, Account and/or Service (i) unlawfully, (ii) violating applicable laws, (iii) violating these Terms and Conditions, and/or (iv) for fraudulent, criminal, illegal acts or purposes or other unlawful acts.

7.       As a Nüpay User, you are responsible for maintaining the confidentiality of your Account, including but not limited to; the confidentiality of the password, OTP code and Security Code that you use to login and access your account and our services. Therefore, we are not responsible in any way if, you suffer a loss caused by your negligence in maintaining the confidentiality of your account, and you hereby release us, the board of directors, the board of commissioners, employees, agents, and/or our affiliates, from any claims, lawsuits, damages, and/or claims that you make in connection with the unauthorized use and/or access to your account.

8.       You hereby agree and bind yourself to indemnify us for all losses that we incur and reimburse all costs, fees, expenses and expenses that we have or may incur or pay in connection with or as a result of your claim to the provisions of “Limitation of Liability” (including but not limited to legal fees we pay or incur to defend or take other necessary actions in relation to the claim).

E.       INTELLECTUAL PROPERTY RIGHTS

< The entire Nüpay Application and its supporting systems including but not limited to all: (a) the layout, design and appearance of the Nüpay Application contained in or displayed on the Nüpay Application media; (b) logos, photos, images, names, brands, terms, letters, numbers, writings, and color arrangements contained in the Nüpay Application; and (c) the combination of the elements as referred to in letters (a) and (b), is entirely our Intellectual Property Rights and no other party also owns the rights to the Nüpay Application or to the layout, design and appearance of the Nüpay Application.

You may not from time to time (i) copy, modify, adapt, translate, create derivative works from, distribute, sell, transfer, publicly display, reproduce, transmit, transfer, broadcast, decompile or disassemble any part of from or in any other way exploit the Nüpay Application (including the support system and services therein) licensed to you, except as permitted in these Terms and Conditions, (ii) license, sublicense, sell, resell, transfer, transfer , distribute or exploit commercially or make available to third parties and/or software in any way; (iii) publish, distribute or reproduce in any way material that is protected by copyright, trademarks, or other information we have without obtaining prior approval from us or the rights owner who licenses his rights to us, (iv) delete any copyright, trademark or other proprietary notices contained in the Nüpay Application, (v) reverse engineer or access the Nüpay Application and/or its support systems to (a) create a counterproduct or service, (b) build a product using ideas, features, functions or similar graphics, or (c) copying ideas, features, functions or graphics, (vi) launching automated programs or scripts, including, but not limited to, web crawlers, web robots, web indexers, bots, viruses , worms, or other similar applications and any programs that may make several server requests per second, create heavy loads or hinder the operation and/or performance of the Application. Nüpay, (vii) use robots, spiders, retrieval applications, or other manual or automated tools or processes to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Nüpay Application and the content contained therein

F.       FORCE MAJEURE (Force MAJEURE)

There is a possibility that we may not carry out, continue or continue transactions or orders or instructions from you through the Application or Nüpay Account, either partially or completely, due to events or things beyond our control or ability including but not limited to ( a) any computer virus interference, (b) trojan horses system, (c) components or systems that can harm and interfere with the Application, Service and/or Nüpay Account, (d) Internet Service Provider services or services or other third party services or services available, and/or (e) natural disasters, wars, riots, epidemics and pandemics, non-functioning equipment, systems or transmissions, electricity disturbances, telecommunication disturbances, government policies, banking and/or financial system failures as well as incidents - other events or causes beyond our control or ability. You hereby agree that we will be released from all charges, if we are unable to carry out your instructions, either partially or wholly due to this Force Majeure event.

G.     RISK OF USE

    By using Nüpay, you are deemed to have understood all the risks of using electronic money, such as balance theft, account takeover, and fraud. Therefore, we remind you to always be careful in protecting your account from all crimes by:
   1.   Knowing that we have never asked you for a security code or OTP code. Therefore, you must always be careful and do not respond to any calls or links sent via e-mail or websites (fake sites duplicate Nüpays official website) intended for fraud attempts on behalf of Nüpay that ask you to provide a security code and OTP code.
  2.    Only contact the Call Center or our official Nüpay User Service as stated in these Terms and Conditions to convey your message, and do not respond to customer service beyond what is stated in these Terms and Conditions.
  3.  If there is a loss of access to the account and the device you are using, please contact our official service directly and report the incident.
  4.   Always pay attention to the situation around you when you want to log in by entering your security code. If you think that the surrounding situation is not safe, you can login using your fingerprint.
  5.  Always update your Nüpay application, so that the security system is always maintained.

H.   APPLICABLE LAW AND DISPUTE SETTLEMENT

1.       These Terms and Conditions are governed and construed based.

2.       All disputes or conflicts that arise in connection with or related to matters regulated in these Terms and Conditions including disputes caused by unlawful acts or violations of one or more of these Terms and Conditions ("Disputes") must be resolved by means of: the following way:

    a.   one of the parties, either you or us (the "First Party") must provide written notice to the other party (the "Second Party") on the occurrence of a Dispute ("Notification of Dispute"). Each Dispute must be resolved by deliberation and consensus within a period of no later than 90 (ninety) calendar days from the date of the Notice of Dispute ("Consultative Period");

  b.   b. if the Dispute cannot be resolved by deliberation and consensus until the end of the Deliberation Period, the First Party and the Second Party are obliged to jointly appoint a third party as a mediator ("Mediator") to resolve the Dispute and the appointment must be stated in a written form signed jointly by the First Part and Second Part.

    c.   Provisions regarding all costs, fees and expenses in the context of resolving Disputes are decided based on a final and binding arbitration award;

    d.   Except as required under applicable law or requested based on a request, decision or official decision issued, issued or made by a court or authorized government agency, during the Dispute settlement process as regulated above until a decision is valid, final and binding on the First Party and The Second Party, the First Party and the Second Party are obliged to keep all information related to the Dispute and its resolution process confidential and therefore prohibited from informing, notifying or announcing to anyone the existence of the Dispute or its settlement process including but not limited to the mass media (newspapers, television or other media). others) and/or social media. If you violate the provisions of point (d), you hereby acknowledge and agree that all or part of your rights to use the Service, Application, Account and/or Nüpay PIN may be terminated or disabled by us at any time, either temporarily and so on

 

I.       VALIDITY AND TERMINATION

1.       These Terms and Conditions are valid since you become a Nüpay User and remain in effect as long as you have not closed your Nüpay Account or you have an active Nüpay Account.

2.       You hereby agree to waive the provisions of Article 1266 paragraph (2) and (3) of the Civil Code so that these Terms and Conditions, the Nüpay Application and/or Service can be terminated (either partially or completely, temporarily or permanently) in accordance with Terms and Conditions without the need for a decision or court order.

3.       All approvals, powers, powers and/or rights that you have given us in these Terms and Conditions cannot be terminated for any reason including for reasons as referred to in Articles 1813, 1814, and 1816 of the Civil Code as long as you are still use the Nüpay Service or Application or still use and/or have a Nüpay Account.

4.   Anda dengan ini membebaskan kami dari seluruh klaim sehubungan dengan pelaksanaan segala tindakan kami berdasarkan kuasa, wewenang dan/atau hak yang Anda berikan kepada kami dalam atau berdasarkan Syarat dan Ketentuan maupun pelaksanaan hak atau wewenang kami berdasarkan Syarat dan Ketentuan ini.

J.       Contact Us

For any problems related to the Nüpay Application and/or your account, or questions regarding these Terms and Conditions you can ask for help at the Contact Center or Nüpay User Service (with supporting evidence), via:

Telepon ke nomor xxxx;
email ke [email protected]
Pusat Bantuan di Aplikasi NÜPAY;
Twitter (DSP DIGITAL MOBILE WALLET _id);
Facebook (@DSP DIGITAL MOBILE WALLET);[BD1] 

K.       CHANGE

We reserve the right to, from time to time, make changes, additions, and/or modifications to all or part of the contents of these Terms and Conditions by submitting notices or announcements through the Nüpay Application and/or through our website at www.dspratama.id. If you use the Nüpay Application service continuously after there are changes, additions and/or modifications to all or part of the contents of these Terms and Conditions, you are deemed to have agreed to the changes, additions and/or modifications. If you do not agree with the changes, additions and/or modifications, you can stop accessing and/or using the Nüpay Application and/or our Services.

L.       EFFECTIVE DATE

These Terms and Conditions are effective from February 18, 2020