TERMS OF SERVICE


1.

INTRODUCTION

1.1

Welcome to the AirPay Loket Platform (the "Platform"). This Terms of Service is a contract between you (or "your") and PT AirPay International Indonesia and it governs your use of all Services as defined below. Please read the following Terms of Service carefully before using this Platform or opening an AirPay Loket account ("Account") so that you are aware of your legal rights and obligations with respect to us and our affiliates and subsidiaries (individually and collectively, "Company", "we", "us" or "our").

1.2

BY USING THE SERVICES OR OPENING AN ACCOUNT WITH US, YOU SIGNIFY YOUR IRREVOCABLE ACCEPTANCE OF THIS TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE PLATFORM. IF YOU ARE BELOW 18 YEARS OLD OR THE RELEVANT "AGE OF MAJORITY" WHERE YOU LIVE, YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THIS TERMS OF SERVICE. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE "AGE OF MAJORITY" WHERE YOU LIVE, OR DO NOT UNDERSTAND THIS SECTION 1.2, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THIS TERMS OF SERVICE ON THE MINOR'S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR SERVICES, INCLUDING ANY TRANSACTION MADE BY THE MINOR, WHETHER THE MINOR'S ACCOUNT IS NOW OPEN OR CREATED LATER AND WHETHER OR NOT THE MINOR IS SUPERVISED BY YOU DURING HIS OR HER USE OF OUR SERVICES.

1.3

We reserve the right to revise this Terms of Service at any time. Your continued use of the Services (as defined below in Section 2.1) shall be deemed irrevocable acceptance of those revisions.

1.4

Further, we may at all times, at our sole discretion, change, modify, suspend or discontinue any portion of our Services, temporarily or permanently, without notice to you. We may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. We may also impose limits on certain features or restrict your access to the Services in our sole discretion and without notice or liability.

1.5

We reserve the right to refuse to provide you access to the Services or to allow you to open an Account for any reason.

 
2.

SERVICES

2.1

The services we provide or make available through the Platform and all information, websites, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, application services (including without limitation any mobile application services) or other materials ("Content") made available through the Platform or our related services (collectively, the "Services"). Any new features added to or augmenting the Services are also subject to this Terms of Service.

2.2

In general, our Services are designed to facilitate your use of our Platform to place, accept, conclude, manage and fulfil orders for the provisions of products and services online within the Platform ("Transactions"). We reserve the right to introduce new features, functionalities or applications to our Services or future versions of the Service. All new features, functionalities, applications, modifications, upgrades and alterations shall be governed by this Agreement unless otherwise stated.

2.3

When you provide us with any third party information in connection with your use of our Services, you agree that we may use all information, provided by you in the course of using our Services ("Instructions"). If the Instructions contain third party personal information, you warrant that you have obtained express consent from that third party to provide their personal information to us.

2.4

You acknowledge and agree that it is your sole responsibility to ensure that all the Instructions are complete and accurate in all respect and you understand that time is required to process the Instructions. The Instructions provided by you will be treated as final and we will not be required to verify the Instructions with you. Further, you acknowledge and agree that the Instructions provided by you is your express authorisation to us to deduct the amount stated in the Instructions, along with all fees and charges associated with the Instructions, from your Account.

2.5

As you are aware, time is required to process the Instructions. We will recommend that you provide us with the Instructions at least three (3) business days prior to the due date of any Instructions. We will not be responsible for any late fees incurred by you or any third party in the course of using our Services via your Account.

2.6

You acknowledge and agree that no liability shall be incurred by us if we are unable to complete any Instructions initiated by you for any reason beyond our control.

2.7

We may limit any or all of our Services available to any User, in accordance with this Terms of Service. The types of Transactions and other benefits, features, and functions of our Services available to a User may vary for different countries and regions. No warranty or representation is given that the same type and extent of transactions, benefits, features and functions will be available to all users.

2.8

We reserve the right to refuse or cancel any Transaction for any reason at our sole discretion. Situations that may result in a Transaction being rejected or cancelled, include, but not limited to problems which have been identified by our credit and fraud control department, where we have reason to believe that the Transaction is unauthorised, violates any law, rule, or regulation, or may otherwise subject us or any of our affiliates to liability. We may also require additional verifications or information prior to effecting any Transaction.

2.9

We may impose additional restrictions, limitations, prohibitions or any other measures that we, in our sole discretion, deem necessary or reasonable in each Transaction.

2.10

You acknowledge that we are neither aware of nor a party to any agreement made between you and any third party. You agree that you are solely and personally responsible for all Transactions made through the Platform via your Account, with or without your authority, knowledge or consent, and may not claim against us in connection with any such use or purported use.

2.11

If you have used our Services to make any purchase, you acknowledge and agree that all purchase made are final and not refundable.

 
3

PRIVACY

3.1

Your privacy is very important to us. To better protect your rights we have provided the Company's Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how we collect and use the information associated with your Account and/or your use of our Services. By using our Services or agreeing to this Terms of Service, you consent to our collection, use, disclosure and/or processing of your personal data and any Content you may have provided to us and/or contributed to the Platform as described in the Privacy Policy.

3.2

If you are a commercial user of our Services or you are using our Services in conjunction with commercial activities, you acknowledge that you are required to comply with your obligations under the local privacy protection laws in relation to the personal information you have collected from third party, including your customers. We strongly advise you to obtain advice in this respect. If you are providing any third party personal information to us during the course of using our Services, you warrant that you have obtained consent from that third party in accordance with local laws prior to submitting their personal information to us via the Platform.

 
4

LIMITED LICENSE

4.1

We grant you a limited licence to access and use our Services subject to the terms and conditions of this Terms of Service. Unless we provide you with our consent, this licence does not allow you to make any derivative use of our Services (including without limitation any individual element on our Platform or Content). All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property displayed in the Platform are the property of Company and where applicable, third party proprietors identified in the Platform. No right or licence is granted directly or indirectly to any party accessing the Platform to use or reproduce any such proprietary Content, trademarks, service marks, brand names, logos and other intellectual property, and no party accessing the Platform shall claim any right, title or interest therein. By using or accessing our Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect our Services, the Platform and our Content. You agree not to copy, distribute, re-publish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of our Services, the Platform or our Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Platform on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given to standard search engine technology employed by Internet search websites to direct res to this website).

4.2

You are welcome to include a link to the Platform on your website, provided that your website does not imply any endorsement by or association with us. You acknowledge that we may, in our sole discretion and at any time, discontinue providing our Services or part thereof without notice.

 
5

SOFTWARE

 

Unless accompanied by a separate license agreement, any software provided by us to you as part of our Services is subject to the provisions of this Terms of Service. The software is licensed, not sold, and we reserve all rights to the software not expressly granted by us. Any third-party scripts or code, linked to or referenced from our Services, are licensed to you by the third parties that own such scripts or code, not by us.

 
6

ACCOUNTS AND SECURITY

6.1

To access our Services, you are required to register for an Account by providing certain information such as your mobile telephone number, name, address, Tax and VAT no., Personal identification no., email address, business type, shop name, opening hours, selecting a password, and we will provide you with a unique User identification ("User ID").

6.2

You may be able to use your Account to gain access to other products, websites or services to which we have enabled access or with which we have tied up or collaborated. We have not reviewed, and assume no responsibility for any third party content, functionality, security, services, privacy policies, or other practices of those products, websites or services. If you do so, the terms of service for those products, websites or services, including their respective privacy policies, if different from this Terms of Service and/or our Privacy Policy, may also apply to your use of those products, websites or services.

6.3

You agree to (a) keep your password confidential and use only your personal Account password when logging in, (b) ensure that you lock your Account at the end of each session on the Platform, (c) immediately notify us of any unauthorised use of your Account, and (d) ensure that your Account information is accurate and up-to- date. You are fully responsible for all activities that occur under your Account even if such activities or uses were not committed by you. We will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Section 6.3.

6.4

You may be required to submit certain documents to third parties such as identification documents to the bank or financial institution before you may access our Services.

6.5

You are responsible for providing accurate information when registering an Account and for keeping your information up to date, or notifying us in the event of changes.

6.6

You agree that we may for any reason, in our sole discretion and without notice or liability to you or any third party, immediately terminate your Account. Grounds for such termination may include, but are not limited to, (a) extended periods of inactivity, (b) violation of the letter or spirit of this Terms of Service, (c) fraudulent, harassing, defamatory, threatening or abusive behaviour or (d) behaviour that is harmful to third parties, or the business interests of the Company. Using of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If you file a claim (under any cause of action whatsoever) either against us, or which in any way involves us, then we may terminate your Account.

6.7

If your Account is or remains inactive (which means you have not logged into your Account) for more than three (3) months, we reserve the right to adopt any measures we deem appropriate such as suspending or deactivating your Account.

6.8

You are permitted to use our Services and/or open an Account if your applicable jurisdiction allows you to accept this Terms of Service.

 
7

SUSPENSION OR BREAKDOWN OF SYSTEMS

 

If you are unable to use our Services as a result of improper operation of the Platform due to any of the following reasons:
(a) system suspension or maintenance on our Platform;
(b) failure in transmission of data due to breakdown or suspension of telecommunications equipment and/or systems;
(c) failure in system operations due to force majeure events including, but not limited to typhoon, earthquake, tsunami, flood, blackout, war, terrorist attack, beyond our reasonable control; or
(d) our Services are interrupted or delayed due to hacking, maintenance, upgrades, banking or regulatory bodies, and any other reasons.
You agree that you will not hold us and/or our affiliates liable for any loss or damage suffered by you.

8

ERRORS AND UNAUTHORISED TRANSACTIONS

8.1

You should immediately notify us if you believe:

  • there has been an unauthorized Transaction or unauthorized access to your
  • your password or unlock code has been compromised; or
  • you need more information about a transaction listed on the transaction history Account; or transaction confirmation.

8.2

If you give someone access to your Account (by giving them your login information)and they conduct transactions without your knowledge or permission, you are responsible for any resulting use.

8.3

For unauthorised Transactions or errors in your Account, notify us through the methods set out in Section 13.

8.4

If you erroneously cause a Transaction to be sent to the wrong party, or cause the wrong amount to be made in a Transaction (based on a typographical error, for example), your only recourse will be to contact the other party to the Transaction and ask them for a refund. We will not reimburse you or reverse a Transaction that you have made in error.

8.5

You should accept payment transactions for goods and/or services at the prices stipulated (http://www.airpay.co.id/index.php?page=panduan&panduan=transaksi) by the Company. Accepting payment transactions at lower prices than stipulated without any prior written consent from the Company shall constitute a breach of contract and, consequently, a termination of AirPay Counter Services.

 
9

DISCLAIMER

9.1

We are not a bank or other chartered depository institution, nor an issuer of any credit cards, debit cards, savings account or other prepaid payment service method.

9.2

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY US OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO OUR SERVICES, INCLUDING WITHOUT LIMITATION WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT OUR SERVICES OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS PLATFORM AND/OR THE SERVER THAT MAKES SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.

9.3

YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF OUR SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN PARTICULAR, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF ANY SECURITY CODES, INCLUDING ACCOUNT PASSWORDS, PROVIDED TO YOU AND YOU MAY NOT CLAIM AGAINST US FOR ANY LOSS OR DAMAGES RESULTING FROM YOUR FAILURE TO DO SO.

9.4

Any downloading of data from our system is done solely at your risk, and we do not warrant that such data or our system is free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros.

9.5

If you send funds to the wrong party or sent a wrong amount, we may at our own discretion choose to assist you out of goodwill in contacting the party that received the funds to ask for a refund. However, we will not be liable to reimburse or reverse any Transaction that you have made as a result of your error or negligence.

9.6

Some jurisdictions do not allow the disclaimer of implied warranties, so some or all of the foregoing disclaimers may not apply to you.

 
10

EXCLUSIONS AND LIMITATION OF LIABILITY

10.1

IN NO EVENT SHALL WE BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR LOSS OF USE, PROFITS, REVENUES, GOODWILL OR ANTICIPATED SAVINGS OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER, MOBILE PHONE OR MOBILE DEVICE FAILURE) ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE OUR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING THEREFROM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2

WE MAY ESTABLISH GENERAL PRACTICES AND LIMITS CONCERNING USE OF OUR SERVICES. WE RESERVE THE RIGHT TO CHANGE, SUSPEND, OR DISCONTINUE ANY ASPECT OF OUR SERVICES AT ANY TIME WITHOUT NOTICE AND LIABILITY. WE MAY DECLINE TO PROCESS ANY TRANSACTION WITHOUT PRIOR NOTICE TO YOU, PARTICULARLY IF (A) TRANSACTION DOES NOT SATISFY THE TERMS AND CONDITIONS OF THIS TERMS OF SERVICE OR OTHER APPLICABLE TERMS, RULES AND POLICIES, OR (B) IF WE HAVE REASON TO BELIEVE THAT THE TRANSACTION MAY VIOLATE ANY LAWS, RULES OR REGULATIONS THAT MAY OTHERWISE SUBJECT US OR OUR AFFILIATES TO LIABILITY.

10.3

YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH OUR SERVICES IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ANY USE OF OUR SERVICES.

10.4

NOTWITHSTANDING SECTIONS 10.1 AND 10.2, IF WE ARE FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE), OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE LESSER OF SGD $100 (ONE HUNDRED SINGAPORE DOLLARS).

 
11

LINKS TO THIRD PARTY SITES

 

The links provided throughout the Platform will let you leave this Platform. These links are provided as a courtesy only, and the sites they link to are not under our control in any manner whatsoever and you therefore access them at your own risk. Therefore, we are in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. The provision of these links are merely a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by us of any linked site and/or any of our content therein.

12

PROHIBITED CONDUCT

12.1

The licence for use of our Services is effective until terminated. This licence will terminate as set forth within this Terms of Service or if you fail to comply with any term or condition of this Terms of Service. In such event, no notice shall be required by us to effect such termination.

12.2

You agree not to:

  • breach our Terms of Service, Privacy Policy, in-house rules and regulations,
  • act in a manner that is unlawful, harmful, threatening, abusive, harassing, including rules and regulations for promotional events, and/or violate any applicable laws and regulations; alarming, distressing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable to our employees, agents or other users;
  • use our Services to harm minors in any way;
  • provide false, inaccurate or misleading information;
  • use our Services or any portion thereof for any illegal activities;
  • use your Account in a manner that may result in disputes, claims or other
  • use our Services to impersonate any person or entity, or otherwise
  • forge headers or otherwise manipulate identifiers in order to disguise the origin
  • remove any proprietary notices from the Platform;
  • cause, permit or authorize the modification, creation of derivative works, or
  • use our Services in any manner not permitted by the licences granted herein;
  • use our Services for fraudulent purposes;
  • refuse to corporate in an investigation or provide confirmation of your identity or
  • attempt to decompile, reverse engineer, disassemble or hack our Services (or liabilities to us, other users, third parties, or may be regarded as an abuse of our system; misrepresent your affiliation with a person or entity; of any Content transmitted through our Services; translation of our Services without our express permission; any information you provide us; any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by us with respect to our Services and/or data transmitted, processed or stored by us;
  • harvest, collect or unlawfully use any information about or regarding other users, including without limitation any personal data or information;
  • interfere with, manipulate or disrupt our Services or servers or networks connected to our Services or any other User's use and enjoyment of our Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform;
  • take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair our Services or the servers or networks connected to our Services;
  • use our Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including without limitation laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism financing;
  • use our Services to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the Financial Action Task Foce ("FATF");
  • use our Services to violate the privacy of others or to "stalk" or otherwise harass another; and/or
  • use our Services for any other activities illegal in your jurisdiction.

12.3

If we have reason to believe that you may have engaged in the above prohibited activities, we may, in our sole discretion, take various actions against you. Some of the actions we may take are:

  1. Suspending, or restricting your access to your Account;
  2. Refusing to provide our Services to you;
  3. Placing a hold on your Account for up to one hundred and eighty (180) days or
  4. Taking up legal action against you; and/or
  5. Taking any other appropriate measures or actions in the given circumstances.

12.4

You acknowledge and agree that we may access, preserve and disclose your Account information in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process i.e. by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over us; (b) enforce this Terms of Service; (c) respond to your requests for customer service; (d) respond to any complain or request you have filed with us or our business partners; and/or (e) protect the rights, property or personal safety of Company, our users and/or the public.

 
13

FEEDBACK AND NOTICE

 

If you have complaints, feedback or believe a User on our Platform is violating this Terms of Service, please contact us by:

  1. using our feedback function located under settings on the Platform;
  2. email via info@airpay.co.id; or
  3. calling our hotline +62 021 8064 7125.
Legal Notices
Please send all legal notices to the "General Counsel" via legal@airpay.co.id.

 
14

YOUR REPRESENTATIONS AND WARRANTIES

 

You represent and warrant that:

  • you possess the legal capacity (and in the case of a minor, valid parent or legal guardian consent), right and ability to enter into this Terms of Service and to comply with our terms;
  • you will use our Services for lawful purposes only and in accordance with this Terms of Service and all applicable laws, rules, codes, directives, guidelines, policies and regulations;
  • you will only use our Services on a device on which such use is authorised by the device's owner;
  • you will use our Services in good faith and in compliance with all applicable laws and regulations, including laws related to anti-money laundering and counter-terrorism financing;
  • you will be solely responsible for payment of any taxes, duties, or other governmental levies, charges or fees, associated with your use of our Services.

 
15

INDEMNITY

 

You agree to indemnify, defend and hold harmless Company, and our shareholders, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees (collectively, the "Indemnified Parties"), at your expense, from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable legal fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to (a) the hosting, operation, management and/or administration of the Services by or on behalf of us, (b) your violation or breach of any term of this Terms of Service or any policy or guidelines referenced herein, or (c) your use or misuse of our Services, or (d) your breach of any law or the rights of a third party.

 
16

SEVERABILITY

 

If any provision of this Terms of Service shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.

 
17

GOVERNING LAW

 

This Terms of Service shall be governed by and construed in accordance with the laws of the Republic of Singapore without regard to conflict of law rules. Any dispute, controversy, claim or difference of any kind whatsoever arising out of or relating to this Terms of Service against or relating to us or any Indemnified Party under this Terms of Service shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this Section 20. There will be one (1) arbitrator and the language of the arbitration shall be English.

 
18

GENERAL PROVISIONS

18.1

We reserve all rights not expressly granted herein.

18.2

You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.

18.3

Nothing in this Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you, 3P Merchants and us, nor does it authorise you to incur any costs or liabilities on our behalf.

18.4

Our failure at any time or times to require performance of any provision hereof shall in no manner affect our right at a later time to enforce the same unless the same is waived in writing.

18.5

This Terms of Service is solely for your and our benefit and are not for the benefit of any other person or entity, except for our affiliates and subsidiaries (and each of Company's and our affiliates' and subsidiaries' respective successors and assigns).

18.6

The terms set forth in this Terms of Service and any agreements and policies included or referred to in this Terms of Service constitute the entire agreement and understanding of the parties with respect to our Services and the Platform and supersede any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby exclude all implied terms in fact. In entering into the agreement formed by this Terms of Service, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in this Terms of Service. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this Section 18.6 it might otherwise have had in relation to any of the foregoing. This Terms of Service may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.

18.7

You agree to comply with all applicable local laws, statutes, regulations and codes relating to anti-bribery and corruption including without limitation the UK Bribery Act, the US Foreign Corrupt Practices Act, the Indonesian Law Number 20 of 2001 on the Eradication of Corruption, and the Singapore Prevention of Corruption Act and confirm that you have and shall have in place all policies and procedures needed to ensure compliance with such requirements.

18.8

If you have any questions or concerns about this Terms of Service or any issues raised in this Terms of Service or on the Platform, please contact us through the various methods available as stated in Section 13.

18.9

Any translation of this Terms of Service and any other policies referenced herein are provided for your convenience. This Terms of Service is in the English language, and in the event of any conflict between this Terms of Service and a translation thereof, the English version will govern.

 
 

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY CLICKING THE "REGISTER NOW" BUTTON OR ANY SIMILAR ACTION BELOW, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.



Last updated: 24 December 2015