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Nex Terms and Conditions

Last Updated: 24 April 2023
Last Reviewed: 24 April 2023

1. About This Terms & Conditions (“T&C”)

1.1 These Terms and Conditions apply when you use any Digital Services provided by PT Nex Teknologi Digital and affiliates ("we", "us", “our” "ours" and “affiliate”) in connection with the use of Nex mobile application (“Nex”). By using Nex, you are deemed to have read, understood and accepted all of the terms and conditions set out herein, as may be amended, modified or supplemented from time to time. 

1.2 When we refer to “this T&C”, “the T&C” or “your T&C”, we mean our Nex Terms and Conditions.

1.3 Nothing in this T&C will supersede or vary any term set out in other terms and conditions governing our relationship with you.

1.4 In the event of any contradiction or inconsistencies with other terms, this T&C shall prevail in respect of your use of Digital Services and resolution of any disputes or issues arising out of your use of our Digital Services. Where the issue relates to any specific product, the terms and conditions governing the product shall prevail.

1.5 When you use any of our Digital Services described in this T&C, or authorise others to use them, you acknowledge and agree to the entire terms and conditions of this T&C which forms the basis of the agreement between you and us.

1.6 By “you", "your" or “yours”, we mean the individual user registered on Nex.

2. Definitions

2.1 “Nex Account” or “Account” means any and all accounts which are accessed by you through Digital Services provided on Nex.

2.2 “Authorised User” means any person authorised by you from time to time to use the Digital Services in relation to your Account.

2.3 “Content” refers to any information, images, links, sounds, graphics, videos, software or other materials including quotes, news and research data that are available through our Digital Services.

2.4 “Electronic Instructions” means any Electronic Payment instructions, communications, instructions, orders, messages, data, information or other materials received by us through Digital Services, which we reasonably believe come from you or your Authorised User.

2.5 “Electronic Payment” means any payments or transactions initiated or effected from your Account through Digital Services.

2.6 “Digital Services” means the provision of a digital gateway for Users to access electronic payment and other financial services which we may offer to you from time to time via electronic means, including any modification thereof made by us (the scope and nature of which shall be determined at our sole discretion). 

2.7 “Mobile OS” is a mobile operating system (OS) software that allows smartphones and other devices to run applications and programs, including but not limited to Apple iOS and Google Android.

2.8 “Own Device” refers to all devices or hardware, such as a smartphone, that is required to access and use the Digital Services provided by Nex, and which is registered under a User’s individual credentials.

2.9 “Personal Data” or “Personally Identifiable Information” covers all personal information processed by us, which means information that (either alone or combined with other information) enables you to be identified directly or indirectly. 

2.10 “Provider” or “Service Provider” means:

  1. any independent third parties approved to become our partners  (individual or non-individual) in Indonesia or otherwise, which offer services or products, directly or indirectly through the Digital Services;
     

  2. any person to whom we outsource certain functions or activities to allow us to operate our Digital Services;
     

  3. any government, regulator, law enforcement agency, financial institution, and ancillary service provider (for example, telecommunication, internet access, cloud network, logistics, facilities management, data centres, system hosting, call centres, equipment and software providers), agent or subcontractor involved in our provision of Digital  Services; and
     

  4. our agents or storage or archival service providers for the purpose of making, printing, recording, mailing, storage, and/or filing any documents or items on which Personal Data appear.

 

2.11 “Security Codes” means personal identification numbers, passwords, personal identifiers, biometrics identifiers, digital identifiers, other codes and verification procedures whether set by you or us that would allow you access to our Digital Services.

2.12 “User” refers to an individual registered with Nex.

 

3. Who can use our Digital Service

3.1 Your use and access to our Digital Service shall be subject to this T&C. You will be responsible for all transactions made by you or, from our view, authorized by you, or the Authorised User.

3.2 If you sign up to use Nex in your name, with your Own Device, we will not recognise any person (other than you as the User) as having any interest in your account. We will accept instructions from you only. It is your responsibility to manage Account for yourself and we have no responsibility to monitor this on your behalf.

3.3 If you have authorised any person to give us Electronic Instructions on your behalf, you will be responsible for their actions and/or omissions, including any losses arising from Electronic Payment which they may undertake.

 

4. Your use of our Digital Service
 

4.1 All Digital Services are provided in partnership with our Service Providers. We only facilitate passing Electronic Instructions to our Service Providers. As such, you are bound by our Service Providers’ terms of use, including but not limited to any limits or cut-off times. It is your duty and responsibility to educate yourself regarding their terms of use before using any of the Digital Services.
 

4.2 We shall have the right to determine the order of priority in passing the Electronic Instructions and other existing arrangements which you have made with us pertaining to various products within Nex.

4.3 We shall have the right to decline to act on any Electronic Instructions if:

 

  1. your Electronic Instructions are unclear, incomplete or inconsistent with other Electronic Instructions issued to us by you;
     

  2. the Electronic Instructions have lapsed, been rendered invalid due to failure to comply with applicable conditions or are cancelled by a regulatory or governmental body;
     

  3. the Electronic Instructions cannot be processed due to any disruptions that are beyond our reasonable control;
     

  4. we have reasonable grounds to believe that the Electronic Instructions is unlawfully passed to us (including but not limited to, that the Electronic Instructions was passed due to an unauthorized access or use of your Own Device);
     

  5. we have reasonable grounds to believe that processing the Electronic Instructions might impose harm or loss to you, us. or our users;
     

  6. we have reasonable grounds to believe that processing the Electronic Instructions might expose us to legal action or censure from any government, regulator or law enforcement agency.

 

4.4 We will treat all Electronic Instructions as final and unconditional when we receive them. This means we shall be entitled (but not obliged) to effect such Electronic Instructions without your further consent and notice to you.

 

Access to Digital Service

4.5 We may make Digital Services available through different Mobile OS (for example, iOS or Android). The features of Digital Services may vary and the access and features may differ depending on the type, system specifications and configuration of your device. To protect your Account, we may require a certain standard of specification, software version and such other technical requirements of your device used to access our Digital Services.

4.6 If you access Digital Services outside of Indonesia, your access may be limited and subject to the relevant laws and regulations of that country. We will not be responsible for any fees, charges and expenses such as International Direct Dialing charges or any other charges which may be imposed by your telecommunication or other service providers in connection with the use of Digital Services.

 

4.7 There may be circumstances where we may need to change the frequency and manner of use of our Digital Services and types of facilities and services. In certain situations, we may have to suspend the Digital Services without giving you prior notice. Under such circumstances, we will not be responsible for any inconvenience, loss, damage or injury suffered by you or any third party. We are not responsible for any changes or disruptions to the Digital Services originating from any of our Service Providers.

 

Notifications

4.8 You are required to provide us with your accurate contact details so that we may send you alerts. Where there are any changes to your contact details, it is important that you tell us immediately and we do not bear responsibility for ensuring your details are up to date.

4.9 Alerts will be sent according to your chosen mode of receipt, or types of alerts (“Alerts Preference”). If you have not indicated any Alerts Preference within your Own Device or Nex, the alerts will be sent via our applicable default settings. 

4.10 We may amend the modes of sending alerts and we will inform you if this has an impact on your Alerts Preference.

4.11 Once alerts are sent to you in accordance with your Alerts Preference, we will assume you have received it. You are responsible for ensuring that you are able to receive our alerts and will tell us immediately if there are any product notifications in your Account that have not been performed by you.

4.12 We will not be responsible for any fees or charges imposed by your telecommunication service provider for receiving the alerts.

4.13 The alert service does not free you from the responsibility of safeguarding the physical security and authorised use of your Account.

Identifying You

4.14 We may introduce new or different forms of authentication service when you use our Digital Services. We may replace the authentication service from time to time without prior notice to you.

Responsible Use of our Digital Services

4.15 We trust that you will use our Digital Services in accordance with all applicable laws, regulations, guidelines and within our reasonable expectations. You shall not use our Digital Services for any purposes which are not authorised by us. In particular, you may not use our Digital Services for the harvesting or extraction of any data. Where we are aware of any misuse of our Digital Services by you or your Authorised User, we reserve the right to terminate or suspend our provision of Digital Services to you immediately without any prior notice. In such instances, we shall not be liable for any loss suffered by you as a result of such termination or suspension.

4.16 Where you or your Authorised User has misused our Digital Services and caused loss and/or damage, you agree and undertake to fully indemnify us, our Providers and sub-contractors for such loss and/or damage suffered and shall pay such monies to us upon our demand.

 

5. Protecting your Account

5.1 For security and authentication purposes, we may require you to create Security Codes in connection with your Accounts and/or Electronic Payment. You are advised to ensure that your Security Codes and email accounts are sufficiently secure and not easily compromised.

5.2 To ensure that your Account is protected, you agree:

  1. you will tell us immediately if you change your mobile number or email/mailing address which are used to generate and/or receive any Security Codes;
     

  2. you will tell us immediately if you have lost any of your Security Codes, or if your device used to generate and/or receive Security Codes or email addresses have been compromised;
     

  3. you will not disclose your Security Codes to any third party;
     

  4. you will ensure that your Security Codes are kept in a secure manner and not accessible by any third party;
     

  5. to take due care of the devices that you use to generate or receive Security Codes and email addresses to ensure that they are not vulnerable to unauthorised access;
     

  6. not to use any device, software or email address which you know or have reason to suspect contains any viruses, malicious code or damaging components which may interfere with or compromise your use of the Digital Services; and
     

  7. not to install, or cause to be installed (for example clicking on suspicious links), any malware or viruses that would result in your devices, email addresses or Security Codes being compromised by any third party.

 

5.3 If you discover or suspect any unauthorised or erroneous activity from or to your Account, you must immediately contact us. Upon such discovery or suspicion, you agree to take such steps to protect your Account, including changing any Security Codes, passwords to your email accounts and reporting such incidents to us immediately.

5.4 Where we are of the view that your Account or your Security Codes might have been compromised, in order to protect your Account, we may:

 

  1. require that you identify yourself by alternative means;
     

  2. require any Electronic Instruction to be confirmed through alternative means; and/or
     

  3. refrain from acting promptly upon any Electronic Instructions in order to confirm any Electronic Instructions or your identity.

 

In such circumstances, your Electronic Instructions might not be processed within expected periods and we will not be responsible for any inconvenience, loss, damage or injury suffered by you or any third party.

5.5 In respect of unauthorised or erroneous activity from your Account, we shall do our best to help you, but we may not always be able to reverse such actions. To assist us in our investigations and recovery efforts, we may:

 

  1. request that you report unauthorised or erroneous transactions to the relevant law enforcement and/or regulatory authorities and provide us with a copy of such report; and/or
     

  2. require information relating to such unauthorised or erroneous transactions, including how such transactions occurred.

 

If you are unable to or decline to provide the requested information above, this would have a negative impact on our recovery efforts.

5.6 Where such erroneous or unauthorised activity were a result of your authorisation (whether as a result of fraud or otherwise), recklessness or mistake, we will not be liable to you for such losses. Recklessness would include any failure by you to comply with this T&C.

5.7 In respect of unauthorised or erroneous transactions which occur within your Account, where we are satisfied that such credited sums to your Account was in fact unauthorised or erroneous (including any mistake made by us), we have the right to deduct such sums from your Account without your prior consent. We shall however notify you of such deduction.

5.8 We shall retain the right to decline providing you with any Digital Services where we have reasons to believe that you do not intend to use our Digital Services responsibly.

6. Warranties, Disclaimer and Limitations

6.1 We do not provide any warranty of any kind of:

 

  1. our Digital Services, whether provided by us or in partnership with our Service Providers, including warranties of accessibility, quality, provision or performance of any goods or services;
     

  2. our Content, including warranties of accuracy, adequacy, currency or reliability;
     

  3. our hyperlinks to any other websites or content, which, for avoidance of doubt, shall not be construed as an endorsement or verification of such websites or content.

 

6.2 We will not be responsible for any loss suffered by you arising from or in connection with your use of the Digital Services even if we are advised of, or otherwise might have anticipated, the possibility of such loss, damage or expense. In particular, we will not be liable to you for any loss as a result of:

 

  1. any Digital Service not being available due to system maintenance or breakdown/non-availability of any network;
     

  2. any non-processing or delay in processing of Electronic Instructions by us or by any Provider through whom your Electronic Instructions are transacted;
     

  3. inaccurate or incomplete Content, reliance on or use of the information provided on any Channel for any purpose;
     

  4. any disclosure of any Personal Data which you have consented to us to (i) acquire; (ii) collect; (iii) process; (iv) analyze; (v) store; (vi) display; (vii) announce; (viii) transfer (ix) disseminate; (x) disclose; (xi) delete; and (xii) utilize or where such collection, use or disclosure is allowed under the applicable laws in Indonesia;
     

  5. any unauthorised and/or unlawful access to our machines, data processing system or transmission link;
     

  6. any act of force majeure including but not limited to acts of God, war or warlike hostilities, civil commotions, riots, blockades, embargoes, sabotage, strikes, lock-outs, fire, flood, shortage of material or labour, delay in deliveries from sub-contractors; or
     

  7. any event outside our control.

 

6.3 Any claims against or disputes with a Provider are to be settled between you and the Provider. You will not claim against us in this respect.

7. Our Records

7.1 Our records and any records of the Electronic Instructions including Digital Service operations and Electronic Payment maintained by us, our Service Providers or by any relevant person authorised by us shall be binding and conclusive on you for all purposes whatsoever. They shall be final evidence of any Electronic Instructions, information and/or data transmitted using Digital Services.

7.2 When we deal with you, we will treat all such records as final evidence and you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of the contents of such records merely on the basis that such records were incorporated and/or set out in electronic form or are produced by or were the output of a computer system. You agree to waive any of your rights (if any) to such an object. This provision shall also apply to all records maintained by a Provider designated by us.

 

8. Fees

8.1 Usage of Nex shall be subject to the fees, charges, and limitation as set out in our <<Fees, Rates, and Limits>> page, which is deemed as an integral part of this T&C. For the avoidance of doubt, any changes to the fees for our services shall be deemed as a change to this T&C. 

8.2 For certain Digital Services, we may share fees, brokerages, commissions and other charges with our Provider. We are not required to account to you for all or any part of these sums.

 

9. Change to this T&C

9.1 We may change, amend, modify, or supplement this T&C from time to time. In the event of any such event, we will give you at least 48 (forty eight) hours prior written notice via email, at a minimum, to the contact details you have supplied to us,  along with the new version of the T&C.

9.2 If you do not agree with the proposed change(s) to the T&C, you must tell us  and you will have the right to terminate this T&C and your use of our Digital Services at any time before the proposed date of their entry into force. If you do not contact us in order to tell us that you do not accept the changes and request to terminate this T&C you will be deemed to have accepted the change(s) to the T&C.

10. Suspension, Blocking, Termination

10.1 We may limit, replace or suspend any of our Digital Services (which may include blocking your Account, whether partially or entirely) and inform you the  reasons, which may include (but is not limited to) the following:

  1. You have failed to input the correct Security Codes to access your Account;
     

  2. You have passed Electronic Instructions that we have declined to carry out in accordance with Clause 4 of this T&C;
     

  3. There may have been erroneous, unauthorized, or otherwise suspicious activities in relation to your Account (including but not limited in respect of the passing of Electronic Instruction from your Account or the transfer of funds into your Account);
     

  4. we have reasonable grounds to believe that our Digital Services is being misused or unlawfully used, exploited, including but not limited to committing, supporting, or accommodating actions that are either (i) in contravention of prevailing laws or regulation, or (ii) causing harms or losses to you, us, or our users.

 

10.2 When we limit or suspend our Digital Services, we may request you to provide information, supporting documents, and explanations in relation to your Electronic Instructions and/or your use of the Digital Services.

10.3 We may terminate the provision of Digital Service and your Account:
 

  1. If we have limited or suspended our Digital Services and we conclude that information, document, and/or explanation provided by you is not sufficient/satisfactory (at our reasonable discretion) for us to resume the provision of the Digital Services to you;
     

  2. If we can reasonably conclude that your use of our Digital Services (i) violates applicable laws and regulations, (ii) causing the risk of interference and/ or failure towards our system, (iii) may cause material adverse effects to you, us, or our user;
     

  3. for any other reasons (by giving the reason or advance notice to you within 7 (seven) calendar days before such termination becomes effective). 

 

10.4 In the event we terminate your Account, we shall tell you as soon as practicable by any notification method, including through Digital Services, local newspapers, displays at our branches or media publications. 

 

10.5 Unless we tell you otherwise, you can end any Digital Service or close your Account by giving us seven (7) calendar days advance written notice, as long as you meet conditions as stipulated in the terms and conditions governing the product. 

11. How we use Personal Data about you

11.1 You will find details of the type of personal information we collect, how we use your information and our privacy practices, by reading Nex Privacy Policy

11.2 You will provide us with any information or documentation that we may reasonably request relating to your use of our Digital Services and shall cooperate with us in any related investigation or litigation.

11.3 We may be required to share your Personal Data to our trusted third-parties, including but not limited to any Service Providers, so that we can continue to offer and improve the quality of our Digital Services. Such sharing and use of Personal Data may be necessary or inevitable to effect your Electronic Instructions and/or to enable your use of the Digital Services. If you do not approve and allow (i) the acquisition; (ii) collection; (iii) processing; (iv) analyzing; (v) storing; (vi) displaying; (vii) announcing; (viii) transfer (ix) disseminating; (x) disclosing; (xi) deletion and (xii) utilization of your Personal Data, we and our Service Providers may not be able to offer or continue to provide the Digital Services to you.

11.4 Our right to (i) acquire; (ii) collect; (iii) process; (iv) analyze; (v) store; (vi) display; (vii) announce; (viii) transfer (ix) disseminate; (x) disclose; (xi) delete and (xii) utilize yourPersonal Data corresponds in accordance with your consent provided herein to us (by continuing the use of our Digital Services) and the applicable laws.

12. Other Terms and Conditions

Communications

12.1 All notices or communications will be sent by us to you via electronic media (for example, Whatsapp, SMS, push notification or email) as we may choose and will be deemed to be notified to you on the date of publication.

Intellectual Property

12.2 Without our prior written consent, no part or parts of the Digital Service or any Content may be reproduced, distributed, republished, displayed, broadcast, hyperlinked, transmitted, adapted, modified to create derivative works or otherwise commercially exploited in any manner or by any means or stored in an information retrieval system.

12.3 You may view, print or use the Content for personal, non-commercial use only, provided that you do not modify the Content and that you retain all copyright notices and other proprietary notices contained in the Content.

12.4 Trademarks, service marks, and logos (the "Trade Marks") used and displayed on or through Digital Services are registered and unregistered Trade Marks of ours and others. You agree not to use any Trade Marks displayed on or through the Digital Service, without our written permission.

Use of Third-Parties

12.5 We reserve the right to use any Provider, subcontractors and/or agents on such terms as we deem appropriate.

Miscellaneous

12.6 No failure to exercise, nor any delay in exercising, on our part any right or remedy under this T&C will operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy. Our rights and remedies in this T&C are cumulative and not exclusive of any other rights or remedies provided by law.

 

12.7 If any term of this T&C is unlawful or unenforceable under any applicable law, it will, to the extent permitted by such law, be severed from this T&C and rendered ineffective where possible without modifying or affecting the other terms of this T&C.

12.8 You fully understand and agree that this T&C constitute an electronic T&C and your action of completing the signing-up process for an Account or  logging-in to Your Account is your active consent to enter into an T&C with us that this T&C and our Privacy Policy are legally valid and binding and shall continue so long as You use Nex and Digital Services.

 

12.9 You shall not sue nor object the validity of this T&C or the Privacy Policy which are made in the electronic form.

12.10 You shall not transfer your rights and obligations based on this T&C without our prior written consent. However, We may transfer our rights and obligations based on this T&C to any party at any time without prior approval from or advance notice to you.

12.11 If you do not comply with or violate the provisions of this T&C, and we do not take direct action, it does not mean that we waive our rights to take necessary actions in the future.

12.12 The parties’ rights and obligations in Clauses 3, 4,  6, 7, 11 and 12 will survive the temporary suspension, permanent suspension, deletion of Nex or expiration of this T&C between you and us.

12.13 This T&C is written in Indonesian and English language. Any discrepancies will be interpreted according to the Indonesian language, and the English version shall be deemed to be modified to conform with the Indonesian language version.

12.14 This T&C are governed by the laws of the Republic of Indonesia. Any and all disputes arising from the use of Nex or Digital Services will be resolved amicably to reach a consensus within 30 (thirty) calendar days, since the notification of the dispute has been notified by one party, to the other party.

12.15 Any dispute or disT&C that cannot be resolved through consensus, will be finally resolved through the Indonesian National Board of Arbitration (“BANI”) located in Mampang - South Jakarta, Indonesia, appointing a single arbitrator in accordance with and subject to the arbitration rules of BANI for the time being in force. Subject to the arbitral award, which must be rendered no longer than 6 (six) months since registration at BANI, You hereby acknowledge and accept that the arbitral award is final and binding to You and Nex, where the losing party shall bear all of the filing Dispute costs and/or fees incurred from the Dispute resolution proceeding, including but not limited to the cost of appointing the arbitrator for the closure of the Dispute as well stipulation of BANI decision from the relevant Court.  You hereby expressly and irrevocably agree that the appointed arbitrator shall be solely bound by strict rules of law in making his/her decision and shall not be entitled to render an ex aequo et bono award.

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