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Terms and Conditions

Effective date at February 14, 2022

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.

 

1.4In 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.

Terms and Conditions

Effective date at February 14, 2022

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.

Terms and Conditions

Effective date at February 14, 2022

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.

Terms and Conditions

Effective date at February 14, 2022

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. 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.

4.11Once 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

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