Terms and Conditions

GENERAL TERMS AND CONDITIONS

Welcome to Our Application. Thank you for downloading the BERSAMA Application. The BERSAMA Application is an application service as referred to in these Terms and Conditions. By downloading the Application, you acknowledge and agree that you have carefully read, understood, accepted, and agreed to all Terms and Conditions, which shall apply as an agreement between you and PT Loket Pintar Indonesia, including PT Loket Pintar Indonesia’s partners participating in this Application Service.

PLEASE READ AND UNDERSTAND OUR TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING THE APPLICATION OR USING OUR SERVICES FOR THE FIRST TIME.

The services available to you in the BERSAMA Application are highly diverse. Therefore, we may include or impose additional Terms and Conditions for certain Services, and such additional terms shall form an integral part of our Services and shall be subject to and bound by these Terms and Conditions. We reserve the right at any time to change, add, reduce, replace, adjust, and/or modify these Terms and Conditions (either partially or entirely). Therefore, you are required to periodically review the Terms and Conditions provided on the above-mentioned website or through the Application. These Terms and Conditions apply to you and to any Transactions or use of the Services by or through your Account wherever you are located, whether within the territory of the Republic of Indonesia or in other countries.

I. DEFINITIONS

Unless otherwise stated or defined in more specific terms and conditions, the following terms shall have the meanings set forth below:

“BERSAMA Application” means this application that you download, through which you access this Page or these Terms and Conditions, currently known by the brand, name, logo, and/or mark “BERSAMA” or any other brand, name, logo, and/or mark.
“Account” or “Your Account” means a unique identification created in BERSAMA based on your registration request.
“Data” means any data, information, and/or statement in any form whatsoever that from time to time (including when you download the Application) you provide to Us/the Service Provider, or that you include or submit in, on, or through the Application.
“We” means PT Loket Pintar Indonesia (VI).
“Services” means any services, programs, products, features, systems, facilities, and/or services provided and/or offered in or through the Application.
“Customer Service (BERSAMA Call Center)” means the customer service center function for customers, which can be contacted via telephone calls and/or email.
“BERSAMA” means the electronic system (platform) created by PT Loket Pintar Indonesia (VI).
“BERSAMA User” means a user of the BERSAMA Application.
“Terms and Conditions” means these general terms and conditions, including any amendments, additions, replacements, adjustments, and/or modifications made from time to time.
“Transaction” means any transaction, activity, action, and/or operation carried out in or through the Application, Account, and/or Security Code, including the use of Services or certain features within the Services or Application.
“LPI” means PT Loket Pintar Indonesia, a limited liability company established under the laws of the Republic of Indonesia.

II. QUICK GUIDE

The BERSAMA Application is a software application in which all instructions you perform will originate from the mobile application or online platform.
The BERSAMA Application can be operated through Android smartphones (OS 4.2 and above) via the Google Play Store.
You will be required to authorize instructions using various types of security information (such as Security Codes, usernames, and passwords) when necessary.
After authorization is completed, BERSAMA will carry out instructions according to your commands. You are required to ensure that your security information is not disclosed to any other party.
BERSAMA ensures that the confidentiality and security of the personal information you provide are properly maintained. Your data will be used in accordance with applicable regulations.
You may submit inquiries or feedback to us through the BERSAMA Customer Support Contact Center (CS Bersama), or via email at [email protected]

III. USE AND MANAGEMENT OF DATA

You hereby acknowledge, grant consent, and agree that all of Your Data submitted to Us, whether directly or indirectly through the use of the BERSAMA Application, is recorded in Our system. Therefore, you hereby acknowledge, agree, authorize, and grant power to Us (either independently or by appointing or cooperating with one or more other parties) to fully collect, use, manage, analyze, process, store, access, disclose, notify, share, and/or transfer part or all of the Data to any party whatsoever (including but not limited to Service Providers, Our affiliated parties, and other parties having cooperation or agreements with Us), as well as to take any action regarding the Data, including but not limited to the following purposes: (a) Provision, delivery, and/or improvement of Services; (b) Use of the Application; (c) Registration of your participation as a user or customer of the Application or Services provided in or through the Application; (d) Administration, processing, and/or management of the Account (including but not limited to verification, validation, and/or Transaction management purposes); (e) Research regarding demographic data of Application users; (f) Development and/or updates of the Application; (g) Delivery of information that We consider useful to you, including but not limited to information regarding the Services and/or Application as well as information regarding System updates (or any part thereof); and/or (h) Development, enhancement, updating, replacement, and/or provision of Services, Systems, and/or Applications.
You hereby expressly, irrevocably, represent, warrant, and acknowledge that the submission and transfer of Your Data to Us as referred to in point 1 above does not violate your rights or the rights of any person or party whatsoever, including but not limited to intellectual property rights belonging to you or any other person or party relating to your personal information.
You agree not to take any action that may prevent Us from providing the information mentioned above. For such purposes, you hereby also release and discharge Us from liability. The consent and authorization granted by you are irrevocable for as long as you conduct online transactions with Us, which may legally be carried out without requiring any additional separate consent letter or authorization from the Applicant (You).
The provisions in points 1, 2, and 3 above shall remain valid and binding upon you and Us even after the termination of the Services, Application, Account, and/or these Terms and Conditions.

IV. OBLIGATIONS, REPRESENTATIONS, AND WARRANTIES

You may only access or use the Application, Services, and/or System (a) in accordance with these Terms and Conditions, (b) for lawful purposes, and (c) not for fraudulent, unlawful, criminal purposes or for any actions, activities, conduct, or purposes that violate or conflict with applicable laws, regulations, or the rights or interests of any party. You are fully responsible for checking and ensuring that you have downloaded the correct software for your device. We are not responsible if you do not have a device compatible with the System or Application, or if you have downloaded the wrong version of the software for your device.
You are prohibited from using the Services, Application, and/or Account or conducting Transactions: (a) for purposes, activities, or actions that violate the law or infringe upon the rights or interests (including Intellectual Property Rights or privacy rights) of any party; (b) involving materials or elements that are harmful or detrimental to any party; (c) containing software viruses, worms, trojan horses, or other harmful computer codes, files, scripts, agents, or programs; and (d) that disrupt the integrity or performance of the System and/or Application.
You are prohibited from taking any action, including through the Application or Account, or conducting Transactions that may damage or interfere with Our reputation or that of the Service Providers.
You hereby expressly agree, represent, and warrant that:
1. You are an individual who is legally competent to perform legal acts under the laws of the Republic of Indonesia, including entering into these Terms and Conditions. If you do not meet this requirement, We reserve the right at any time to deactivate or terminate the use of the Account, Services, and/or Application, either temporarily or permanently; You possess the rights, authority, and capacity to use the Services and Account and to fulfill all Terms and Conditions;If you register or download the Application on behalf of a legal entity, 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 such legal entity, partnership, or other party, including but not limited to binding such entity or party to all provisions of these Terms and Conditions;
2. You have read the entire contents of these Terms and Conditions and fully understand them, and therefore voluntarily agree to comply with and implement all provisions herein;
3. You represent and warrant that the funds used in Transactions are not derived from criminal activities prohibited under the laws and regulations of the Republic of Indonesia, that the opening of this account is not intended for money laundering activities as regulated by applicable Indonesian laws, that Transactions are not conducted to deceive, obscure, or avoid reporting obligations to the Financial Transaction Reports and Analysis Center (PPATK) based on applicable laws and regulations in the Republic of Indonesia, and that you shall bear full responsibility and release LPI from any claims, demands, or liabilities of any kind if you engage in money laundering activities under the applicable laws and regulations of the Republic of Indonesia;
4. All Data that you have submitted or will submit, directly or indirectly, now or in the future, is true, complete, accurate, up-to-date, not misleading, and does not violate the rights (including but not limited to intellectual property rights) or interests of any party. The submission of Data by you to Us, or through the Application or System, does not conflict with applicable laws or violate any deed, agreement, contract, arrangement, or other document to which you are a party or by which you or your assets are bound;
5. The Services, Application, and Account will be used solely for your own interests or for the interests of a legal entity, business entity, partnership, or other party that you legally represent as referred to in point c above;
6. You will not grant any rights, authority, and/or power in any form or under any circumstances to any person or party to use the Data, Account, and/or Security Code, and under no circumstances shall you transfer or assign the Account to any other person or party; and
7. In using the Services, Application, and/or Account, you agree to comply with and implement all applicable laws and regulations, including the laws and regulations of your country of origin as well as the country or city where you are located.
By conducting Transactions through the BERSAMA Mobile Application, you understand that all communications and instructions received by Us from you shall be treated as valid evidence even if not made in written form or issued as signed documents, and therefore, you agree to indemnify and hold harmless Us and Our partners from any losses, liabilities, claims, and expenses (including litigation costs) that may arise in connection with the execution of your instructions.

V. LIMITATION OF LIABILITY

The Services are provided on an “as is” basis. We and the bank (for certain features) make no representations or warranties of any kind regarding the reliability, security, timeliness, quality, suitability, availability, accuracy, and/or completeness of the Services, Application, and/or System. We make no representations or warranties of any kind that:
1. There will be no errors, interruptions, or defects in the System, Services, and/or Application.The use of the Services, Application, Account, and/or System (or any part thereof) will be secure, timely, uninterrupted, or free from errors, disruptions, viruses, other obstacles, or harmful components;
2. The Services, Application, Account, and/or System can continue to operate or be used together with or in combination with third-party devices (hardware or software) or systems that are not provided or owned by Us for the operation of the Application;
3. The provision of Services or the Application or the smooth execution of Transactions or use of the Account will meet your requirements or expectations;
4. Any Transaction data stored by Us or within the System will be accurate or reliable;
5. The quality of the Services or Application will meet your requirements or expectations; and
6. There will be no errors, disruptions, or defects in the System, Services, and/or Application.
Considering that LPI acts only as a platform provider for most Services provided by the Service Providers, We are not responsible for the content, form, type, and/or availability of such Services or any other matters related thereto, which are entirely the responsibility of the Service Providers.
You acknowledge and agree that We have the right to block and/or close Accounts and bank accounts and/or services/facilities if: a.) We understand and have sufficient reason to conclude that financial, banking, or criminal manipulation related to the Account or the BERSAMA User’s account and/or services/facilities has occurred or may occur; b.) The Account Holder or Customer provides invalid/incomplete data to Us; c.) There is a written request from the Police, Prosecutor’s Office, Court, Financial Transaction Reports and Analysis Center (PPATK), Tax Office, or other authorized institutions in accordance with applicable laws and regulations, or to fulfill unresolved obligations/debts of the Account Holder or Customer.
You hereby acknowledge that the Services, Application, Account, and/or System may experience limitations, delays, and/or other issues, including those caused by or related to (a) the unavailability or limitations of networks (including internet networks) and/or usage thereof or (b) the unavailability, disruption, or malfunction of certain features on the device you use. We are not responsible for any delays, interruptions, failures, disturbances, or unsuccessful Transactions caused by the foregoing matters.
You hereby acknowledge that there is a possibility that (a) the System or Application (or any part thereof) may become unstable, disrupted, stopped, malfunctioning, imperfectly functioning, and/or contain bugs, and/or (b) the Services (or certain features or parts thereof) may change or become unavailable, and in the event of such occurrences, you agree not to submit any Claims against Us.
Under no circumstances shall We be liable for any Claims from any party, including you, or for any losses suffered by you or any party arising from or related to:
1. Loss of Data;
2. Loss of revenue, profit, or other income;
3. Loss, damage, or injury arising from or related to your use of the Application, Services, and/or Account or your inability or error in using the Services, Application, and/or Account; or
4. Claims or lawsuits experienced by you arising from incomplete information provided by you or failure to execute your instructions, including but not limited to cancellation or amendment of instructions (for instructions not yet executed) submitted to LPI, except where such losses occur due to intentional misconduct or negligence by LPI.
You hereby agree and bind yourself to release Us from any and all Claims of any kind and anywhere if We are unable to execute, continue, or proceed with Transactions or your orders or instructions through the Application or Account, in whole or in part, due to events or circumstances beyond Our control or capability, including but not limited to (a) computer virus interference, (b) trojan horse systems, (c) components or systems that may endanger or disrupt the Application, Services, and/or Account, (d) Internet Service Provider services or other third-party services available within the Services, and/or (e) natural disasters, war, riots, malfunctioning equipment, systems or transmissions, power outages, telecommunications disruptions, government policies, failures in banking and/or financial systems, and other events or causes beyond Our control or capability.
You hereby agree and bind yourself to release Us from any and all Claims of any kind, by any party and anywhere, arising from or related to:
1. The use of Data by Us pursuant to these Terms and Conditions or based on the consent, acknowledgment, authority, power, and/or rights granted by you, directly or indirectly, to Us under these Terms and Conditions;
2. The provision of Data, directly or indirectly, by you to Us or through this Application which (i) violates applicable laws or regulations, (ii) infringes the rights (including intellectual property rights) of any person or party, or (iii) violates any contract, cooperation agreement, arrangement, deed, statement, determination, decision, and/or document to which you are a party or by which you or your assets are bound;
3. The use of the Application, Account, and/or Services (i) unlawfully, (ii) in violation of applicable laws, (iii) in violation of these Terms and Conditions, and/or (iv) for fraudulent, criminal, unlawful, or other illegal purposes.
You hereby agree and bind yourself to compensate all losses suffered by Us and reimburse all costs, charges, expenses, and expenditures that We have incurred or may incur in connection with or as a result of Claims referred to in points 6, 8, and 9 above (including but not limited to legal fees incurred or paid by Us for defense or other necessary actions related to such Claims).
You hereby agree that We shall be released from all claims if We are unable to carry out your instructions, either partially or entirely, due to events or causes beyond Our control or capability, including but not limited to natural disasters, war, riots, hardware conditions, failures of electronic infrastructure systems or transmissions, power outages, telecommunications disruptions, clearing system failures, or other matters determined by Bank Indonesia or other authorized institutions.
After the events causing LPI and/or its partners to be unable to execute instructions from the Account Holder or Customer have ended, VI and/or its partners shall resume such instructions within the period stipulated by Bank Indonesia and/or the Financial Services Authority.

VI. INTELLECTUAL PROPERTY RIGHTS

The entire System and Application, including but not limited to all: (a) layouts, designs, and appearances of the Application contained in or displayed on your Application media; (b) logos, photos, images, names, trademarks, words, letters, numbers, writings, and color arrangements contained in the Application; and (c) combinations of the elements referred to in points (a) and (b), are entirely our Intellectual Property Rights, and no other party has any ownership rights over the Application or over the layout, design, and appearance of the Application.
You are prohibited, by any means and under any circumstances, from using our Intellectual Property Rights as referred to in point 1 above, without our prior written approval.

VII. TERM AND TERMINATION

This Agreement shall remain valid as long as you have not closed your Account and electronic money in your BERSAMA Premier or the BERSAMA Services.
We reserve the right to (i) not carry out instructions from you, (ii) not continue or not proceed with or limit Transactions, (iii) terminate, suspend or disable the use of the Account, Services or Application, and/or (iv) terminate or suspend your membership as a user of the Application, where for each of the above conditions, whether temporarily, for a certain period of time or permanently based on our consideration or decision which We deem appropriate, if one or more of the following conditions occur:
1. based on our own assessment, decision and/or consideration, We know or suspect that there has been or will be use of the Account, Security Code, Application and/or Services for fraudulent purposes, criminal purposes, criminal acts and/or for other purposes, reasons, actions or activities that violate the laws or regulations of the Republic of Indonesia or other countries;
2. based on our own assessment, decision and/or consideration (a) We know or suspect the occurrence of unusual Transactions, and/or (b) the number of Transactions using or through the Account and/or Security Code within one day exceeds the amount or reasonable level of Transactions, respectively as determined by Us;
3. based on our own assessment, decision and/or consideration, you have violated one or more Terms and Conditions;
4. part or all of the Data is incorrect, incomplete, false, fictitious and/or misleading;
5. the email address or telephone number that you listed or used for the use of the Application or Services or to conduct Transactions has been blocked;
6. you have not completed the process or requirements as regulated under applicable legal provisions and/or laws and regulations;
7. We are carrying out updates, maintenance, changes, upgrades, adjustments, replacements and/or other actions on the Application, Services and/or System (or any part thereof) and for such matters We shall not be obliged to be accountable to any party; and/or
8. you pass away or the company, business entity, legal entity or civil partnership that you represent is declared or petitioned for bankruptcy or liquidation or is in a condition of bankruptcy or liquidation.

VIII. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Indonesia.
Any dispute or conflict arising in connection with or related to matters regulated in these Terms and Conditions (or any part thereof), including disputes caused by the existence or commission of unlawful acts or violations of one or more of these Terms and Conditions (“Dispute”), must be resolved in the following manner:
1. Either party, whether you or Us (“First Party”), must submit a written notification to the other party (“Second Party”) regarding the occurrence of the Dispute (“Dispute Notification”). The Dispute must be resolved amicably through deliberation within no later than 90 (ninety) calendar days from the date of the Dispute Notification (“Deliberation Settlement Period”);
2. If the Dispute cannot be resolved amicably through deliberation until the end of the Deliberation Settlement Period, the First Party and the Second Party must jointly appoint a third party (“Mediator”) as mediator to resolve the Dispute and such appointment must be set forth in written form signed jointly by the First Party and the Second Party.
3. The mediation process by the Mediator specifically for disputes between the Parties in the Banking sector shall be resolved by the Parties through LAPSPI, namely the Indonesian Banking Dispute Resolution Alternative Institution, as regulated under Financial Services Authority Regulation Number 1/POJK.07/2014 concerning Consumer Protection in the Financial Services Sector, promulgated on 23 January 2014 (State Gazette of the Republic of Indonesia of 2014 Number 12, Supplement to the State Gazette of the Republic of Indonesia Number 5499) including its amendments if any.
4. You shall bear all costs, expenses and expenditures that We have incurred or may incur or pay in connection with the settlement of the Dispute (including but not limited to costs, expenses and expenditures for attending arbitration hearings as well as for preparing and submitting any defenses, claims, demands, information, evidence, statements and/or documents whatsoever in the implementation of or during the arbitration hearing process) until there is a final and binding arbitration decision;
5. Except as required under applicable law or requested based on official requests, decisions or determinations issued, released or made by a competent court or government agency, during the Dispute settlement process as regulated above until there is a valid, final and binding decision upon the First Party and the Second Party, the First Party and the Second Party shall keep confidential all information related to the Dispute and its settlement process and therefore are prohibited by any means from informing, notifying or announcing to any party the existence of such Dispute or its settlement process, including but not limited through mass media (newspapers, television or other media) and/or social media. If you violate the provisions of this point (f), you hereby acknowledge and agree that all or part of your rights to use the Services, Application, Account and/or PIN may at any time be terminated or disabled by Us either temporarily or permanently.

IX. OTHER PROVISIONS

For any issues related to Transactions, Services and/or Accounts, you may request assistance at or from Our BERSAMA Contact Center or User Service at the following number [021-8063-7460]. You may also submit a written complaint to Us to the following email address [[email protected]] by mandatorily attaching supporting evidence acceptable to Us for the submission of such written complaint.
All approvals, powers, authorities and/or rights that you grant to Us in these Terms and Conditions shall not terminate for any reason whatsoever, including for the reasons referred to in Articles 1813, 1814, and 1816 of the Indonesian Civil Code, as long as you still use the Services or Application or still use and/or own the Account.
You hereby release Us from all Claims in connection with the implementation of any of Our actions based on the powers, authorities and/or rights that you grant to Us in or based on the Terms and Conditions as well as the exercise of Our rights or authorities under the Terms and Conditions.

By using BERSAMA, the user has agreed to the above terms and conditions.

Terms and Conditions – EN