Terms & Conditions
ARTICLE 1 - GENERAL PROVISIONS
a. This Terms of Use of Posy is an agreement between the Business Partners and the PT Pintar Ventura Pertama (the "PVP") which regulates the access and use of the Business Partners for the applications, websites, contents and products provided by the PVP (hereinafter, collectively referred to as (the "Posy App"), as well as order, payment or use of services available on the Posy App (the "Services");
b. By accessing the Posy App and having a Posy Account, the Business Partners is deemed to have agreed to these Posy Terms of Use, including also agreeing to the Standard Operating Guidelines or SOPs, as well as the Special Terms and Conditions for each selected Service, and its changes which constitute an integrated part to the Posy Terms of Use (hereinafter, Posy Terms of Use, Special Terms and Conditions, and its amendments collectively referred to as the "Posy Terms and Conditions");
c. The Business Partners agreed that the Posy Terms of Use is agreed using electronic agreement in accordance to the Republic of Indonesia Act 11 of 2008 on Information and Electronic Transactions. Thus the Posy Terms of Use shall be legally binding and enforceable without any hard copy of the Posy Terms of Use. If further required by law or policy of the relevant authority, the Business Partners agreed to use the required electronic signature method and all costs incurred shall be borne by the Business Partnes unless otherwise specified by the PVP;
d. the PVP reserves the right, at our sole discretion, to change, add, or remove any provisions under the Posy Terms of Use any time by notification on the Posy App or in any other way as PVP determined. The Business Partners shall review and learn any changes as notified by the PVP and by the act or continuing the use of Posy App after the changes, the Business Partners deemed had agreed to it.
The PVP and the Business Partners severally referred to as "Party" and jointly referred to as the "Parties".
In view of the provisions under the Posy Terms of Use, the Parties agreed to the Posy Terms of Use as follows:
ARTICLE 2 - DEFINITIONS
In the Posy Terms of Use the following definitions shall applies:
a. Affiliate is any entity both Indonesian based or otherwise which controls, controlled by or under the same control with the PVP;
b. Account has the meaning as referred to under Article 4 paragraph 1 of the Posy Terms of Use;
c. Posy App is an application provided by the PVP as an electronic tools for the Business Partners in their business management using the features and services on the Posy App either PVP's and/or Service Providers';
d. Service Fee is the amount of the Service fee for using the Service as determined and agreed between the Business Partners and the Service Provider;
e. Business Partner Form is a Service registration form that must be agreed and/or signed by the Business Partners, including but not limited to order forms and/or other forms, both physical and electronic, containing information, data and information on Partners Business, including but not limited to the amount of the Service Fee agreed by the Parties, submitted to the Service Provider Affiliated with the PVP (as relevant) and constitute an integrated part to the Posy Terms of Use and the Special Terms and Conditions;
f. Intellectual Property Rights are:
1. patents, trademarks, copyrights (including rights in software), trade names, internet domain names, topography, design rights, moral rights, rights in databases, trade secrets, how to use and other confidential information, knowledge (know-how), creations, software code and other intellectual property rights, either registered or unregistered, and included in applications for registration, and all rights or other forms of protection having a similar effect anywhere in the world which implies Intellectual Property Rights;
2. license based rights, approvals, orders, laws and regulations or based on anything in connection with point a above;
3. rights that have the same or similar effect or origin as points a and b that currently or in the future may arise; and
4. the rights to sue any violation against the foregoing rights.
g. Business Day Business Day is any day, excluding Saturday, Sunday and national holidays determined by the government of the Republic of Indonesia, in which the banks throughout Indonesia are open for business and carry out clearing transactions;
h. Confidential Information is any data and/or information that:
1. disclosed either by the PVP or any of the PVP Affiliates to the Business Partners, or by the Business Partners to the PVP or any of the PVP Affiliates, in connection with the implementation of the provision of services selected from the PVP or any of the PVP Affiliates to the Business Partners;
2. is the property of, pertaining to or made by any of the parties, either the PVP or any of the PVP Affiliates or the Business Partners; and
3. pertaining to either parties (the PVP or any of the PVP Affiliates or the Business Partners) which deliver to the party (either the PVP or any of the PVP Affiliates or the Business Partners) business benefits or opportunities to obtain such benefits or disclosure which might harm the interests of the party (either the PVP or any of the PVP Affiliates or the Business Partners).
i. Privacy Policy is a privacy policy for the use of Posy App and Services that can be accessed on https://www.posy.co.id/privacy-policy/, as applied and subject to change or variation from time to time by the PVP which constitute an integrated part to the Posy Terms of Use;
j. Third Party Content is any information, data, or actual news, which is created, prepared, developed, and/or managed by the Third Party Content Providers or obtained by the Third Party Content Providers from other third parties, where the Third Party Content Providers is responsible for obtaining any permissions needed to present such Third Party Content, including but not limited to text or writing, images, quotes or quotes, photos, illustrations, animations, videos, sound or music recordings, titles, and/or descriptions to be presented on the Posy App, including any links to it;
k. Services are services provided by the Service Providers including but not limited to order, payment, or features and or products made available on the Posy App;
l. Reports are complaints, inquiries, objections, claims or requests submitted by the Business Partners related to the events as referred to under Article 11 paragraph 1;
m. Content Management is any information, data and/or contents owned by the Business Partners, included and presented in the Posy App, subject to update from time to time by the Business Partners according to the given conditions by the PVP;
n. Payment Methods are electronic money, loan facilities, debit or credit cards or other payment methods that can be accessed and used through the Posy App;
o. Promotion is sales, promotion, and/or marketing activities and/or programs which offer the Business Partners with features, services or other benefits carried out by the Service Providers to the Business Partners through the Posy App;
p. Third Party Content Providers are the PVP, Service Providers, PVP Affiliates and/or third parties under agreement with the PVP to provide Third Party Content;
q. Service Providers is the PVP, PVP Affiliates and/or an independent third party agreed as service providers on the Posy App under partnership scheme or other agreement schemes, in which the Service Providers has the rights to charge Service Fees to the Business Partners;
r. Payment Method Providers is an electronic Payment Method, provided by the PVP Affiliates or independent third parties (such as banks, electronic money issuers, etc.) available on the Posy App;
s. Promo Provider has the meaning as referred to under Article 5 paragraph 3 of the Posy Terms and Conditions;
t. Standard Operating Procedure or SOPs are the standard operating procedures to use the Services as prepared by the PVP and subject to change or variation from time to time;
u. Posy Balance is a feature which record the Business Partners' funds (not funds deposit facilities or electronic money) provided by the PVP to provide information on Service transaction funds and/or Service Fees used and/or accessed by the Business Partners through the Posy App;
v. Special Terms and Conditions are the terms and conditions of each Service entered into and agreed between the Business Partners and the Service Providers.
ARTICLE 3 - USE OF POSY APP AND SERVICES
a. Access and use of the Posy App is subject to the Posy Terms of Use;
b. The Business Partners have full discretion to use the Posy App or other applications, use the Services available on the Posy App or otherwise, or stop using the Posy App
c. All Services are provided directly by the Service Providers, the PVP only facilitates the Business Partners to find various Services that the Business Partners needed by providing access to the Posy App;
d. Furthermore, if the Service Providers receives the Business Partner's order, the PVP will inform the Business Partner's order status via the Posy App.
ARTICLE 4 – OPENING AND ACCESSING POSY ACCOUNTS
The Business Partners can access and use the Posy App if the Business Partners already has a Posy account (the "Posy Account") in the following ways:
a. Registration Before using the Posy App, the Business Partners shall:
b. Verification
1. After registration, the PVP system will generate a verification code automatically and send the verification code via short message to the mobile phone number provided by the Business Partners;
2. A verification code (one-time password/otp) is generated automatically by the PVP system. In any case, the PVP, its Affiliates and its employees do not know and have never asked the Business Partners their verification code;
3. The Business Partners need to verify by entering the verification code on the registration page in the Posy App;
4. In any case, the Business Partners is prohibited from notifying the verification code received by the Business Partners to anyone even to the PVP or other parties claiming to be representatives of the PVP.
a. Provisions on Account Creation and Access
1. After verification, the PVP system will create a personal Posy Account for the Business Partners that can be used to use the Posy App and order and/or use the Service through the Posy App. The appointment of any party granted with access to the Posy Account is a subject to the provisions by the PVP;
2. The Business Partner's mobile phone number is attached to the Business Partner's Account thereby the Business Partners cannot create a new Posy Account with a registered mobile phone number. Changes to the Business Partner's mobile phone number is a subject to the provisions and SOPs by the PVP;
3. In the event of the Business Partners signed out from their Business Partner's Posy Account, the Business Partners needs to enter their email address or mobile phone number provided in their registration and enter the verification code, sent automatically by the PVP system to the Business Partner's registered mobile number, on the access page;
d. At its sole consideration, the PVP may has its own policy not to continue the Business Partners registration process, terminate the selected Service, impose suspension, hold the disbursement of funds to the bank account determined by the Business Partners and as stated in the Business Partner Form and/or disapprove providing additional Services to Business Partners for the following reasons, including but not limited to:
1. The Business Partners had and/or committing crimes or violated the legal, social, religious and moral norms;
2. The Business Partners had and/or participating in illegal group or organization;
3. The Business Partners had and/or blacklisted by the PVP and/or its Affiliates, the Bank Indonesia and the Indonesian Credit Card Association (AKKI);
4. The Business Partners committed and/or involving in fraud attempt;
5. The Business Partners committed and/or having involvement with fraudsters;
6. The Business Partners charge additional fees for Customer's Transaction;
7. The Business Partners misuse Customer's data and/or information; and/or
8. The Business Partners failed on internal control by the PVP.
ARTICLE 5 - PROVISIONS ON BUSINESS PARTNER'S POSY ACCOUNT
a. The Business Partner's Posy Account may be used only by the Business Partners and shall not be transferred to other third parties for any reason. The PVP has the rights to refuse to facilitate any order if the PVP knows or has sufficient reason to suspect that the Business Partners has transferred or allowed the Business Partner's Posy Account to be used by another party. The Business Partners is prohibited from using the Business Partner's personal Account or other people's Accounts to order Services that Business Partners will accept it themselves as a Service Providers;
b. The security and confidentiality of the Business Partner's Posy Account, including registered name, registered electronic mail address, registered mobile phone number, payment details and the Payment Method that the Business Partner chooses, as well as the verification code generated and sent by the PVP system or Payment Method Providers is entirely the responsibility Personal Business Partner. All losses and risks arising from the Business Partner's negligence in maintaining security and confidentiality as stated, will be borne by the Business Partner himself. In such case, the PVP will consider any use or order made through the Business Partner's Posy Account as a valid request from the Business Partners;
c. In any case, the Business Partners acknowledged and agreed that the PVP only provides the Posy App as is and the PVP does not represent or guarantee or be responsible that the reliability, timeliness, quality, suitability, availability, accuracy, completeness or security of the Posy App can meet the needs and will be in accordance with the expectations of Business Partners, including but not limited to Services, Third Party Contents, Promotions and Payment Methods which are the sole responsibility of the Service Providers, Third Party Content Providers, Promotion Providers and Payment Method Providers;
d. The PVP is under no obligation to monitor the Business Partner's access to or use of the Posy App. However, the PVP continues to supervise for the purpose of ensuring the smooth use of the Posy App and to ensure compliance with the Posy Terms of Use, the applicable laws and regulations, court decisions, and/or the provisions of administrative institutions or other government bodies;
e. The Business Partners shall notify the PVP if the Business Partners knows or suspects that the Business Partner's Posy Account has been used without the knowledge and approval of the Business Partners. The PVP will take any action deemed as necessary and applicable for any authorized uses including but not limited to blocking access to Posy Accounts, in cooperation with the Service Providers to stop any Services facilitation or provisions;
f. The PVP is under no obligation, including to take further action or legal action deemed as necessary by the Business Partners, Service Providers, Third Party Content Providers, Promotion Providers or Payment Method Providers, for any issues or disputes arising between the Business Partners and the Service Providers, Third Party Content Providers, Promotion Providers or Payment Method Providers;
g. The Business Partners agreed to access or use the Posy App, Services, Third Party Contents, Offers or Payment Methods only for the purposes as specified in the Business Partner Form, the Posy Terms of Use and shall not abuse or use the Posy App, Services, Third Party Contents, Promotions or Payment Methods for fraudulent purposes, causing inconvenience to others, placing false orders or other actions that could or considered harmful in any form against others;
h. The Business Partners understood and agreed that the use of Posy Account is further regulated by the Terms and Conditions on the Appointment of Posy Account Role which constitute an integrated part to the Posy Terms of Use.
ARTICLE 6 - CONTENTS, INFORMATION AND PROMOTION
a. Third Party's Contents
The PVP or the Third Party Content Providers, shall not be held responsible for any part of the of Third Party's Contents. The Business Partner's access or use of Third Party's Contents constitute the Business Partner's consent to comply with the terms and conditions as set by the PVP or the Third Party Content Providers including the Privacy Policy or the policies and terms and conditions as determined by the Third Party Content Providers;
b. Contents Management
1. In using the Posy, the Business Partners shall comply with Contents Management guidelines which may be updated from time to time in accordance to the PVP. Each upload and/or change to such Contents Management constitute the Business Partner's consent to comply with the terms and conditions set by the PVP, including the the PVP's Privacy Policy or guidelines for Contents Management;
2. The PVP shall not be held responsible for any part of Contents Management and the Business Partners hereby released the PVP from any claims of other third parties and fully responsible for all uploaded contents or substances including but not limited to reports or complaints on the contents uploaded by the Business Partners on the Posy App;
c. Promotional Offer
1. The PVP, Service Providers, Third Party Content Providers or other third parties may offer Promotions (the "Promo Providers") in which the Business Partners can exchange for goods, services or other benefits related to the use of the Posy App. In the event of the Promo Providers is provided by any party other than the PVP, the PVP shall not be held responsible for any part of the Promotional contents. The Business Partner's access or use of the Promotion constitute the Business Partner's consent to comply with the terms and conditions set by the PVP or the Promo Providers, including the Privacy Policy or the Promo Providers;
2. Any information, Promotions contained in the Posy App is intended only to provide the Business Partners with the best experiences when using the Posy App or Services. The Business Partners shall not abuse the Promotions that Business Partners had received during the use of Posy App or Services;
3. The Business Partners agreed to use the Promotion in accordance to the purpose of the Promotion and the terms, conditions set by the PVP and/or the Service Providers and the Business Partners will not abuse, duplicate, cash-in, transfer, use for commercial purposes or take unreasonable advantages of the Promotion in any form or manner;
4. The Business Partners understood that the Promotion is not a subject to cash-in, has a limited validity period and subject to the conditions applicable for each Promotion.
ARTICLE 7 - FEES AND PAYMENTS
a. Software download and the use of Posy App is free of charge. However, the PVP may charge fees for the use of Posy App or the use of certain features provided by the PVP in the future by notification in writing to the Business Partners;
b. The services available on the Posy App is a subject to fees which the Business Partners can find on the Business Partner Form and/or the Posy App before the Business Partner orders the Service. The Service Providers may change or update the fees from time to time based on certain factors, including location, time, type of Service and the applicable laws and regulations, where such changes will follow the terms and conditions applicable to each Service;
c. The Business Partners may make payments for access to Posy Accounts (if applicable), Services, Third Party Contents or Promotions that Business Partners accessed using any of the Payment Methods provided by the Payment Method Providers which is a subject to change from time to time at the PVP sole discretion;
d. To enable payments through the Payment Method, the Business Partners shall be officially registered with the Business Partner's chosen Payment Method Providers and use the Business Partner's own payment credentials. If the Business Partner used another party's registered credentials, the Business Partners is fully responsible for all necessary consents and all losses or disputes arising between the Business Partners and the other parties, either due to negligence or fault of the Business Partners, the PVP, the Service Providers, the Third Party Content Providers, the Promo Providers or the Payment Method Providers;
e. The PVP has the rights to refuse or delay to forward the Business Partner's payment requests through the Payment Methods for particular reasons, including but not limited to indications or the PVP, Service Providers, Third Party Content Providers, Promo Providers or Payment Method Providers have sufficient reasons to suspect fraud, falsification, violation against the Posy Terms of Use, Special Terms and Conditions, or other terms and conditions related to the Service as well as for violations against the applicable laws and regulations including those related to payment instruments using cards, electronic money, payment transaction processing, anti-laundering money, corruption and terrorism financing prevention, or other inappropriate or suspicious actions, including non-performance of the Business Partner's obligations to the PVP and/or Service Providers, Third Party Content Providers;
f. Further provisions on the fees applicable to certain Services, Third Party's Contents, Promotions and/or Payment Methods can be found in additional Posy Terms and Conditions of the Services that Business Partners order and the terms and conditions of the Service Providers, Third Party Content Providers, Promotion Providers and/or Payment Method Providers.
ARTICLE 8 - POSY BALANCE
a. Posy Balance is a feature which record the Business Partners' funds (not funds deposit facilities or electronic money) provided by the PVP to provide information on Service transaction funds and/or Service Fees used and/or accessed by the Business Partners through the Posy App;
b. Posy balance only comes from the results of Service transactions managed through the Posy App and cannot be added independently (top-up);
c. The Posy balance recorded on the Posy App can only be used/withdrawal/settled to a bank account as determined or instructed by the Business Partners to or through the Posy App to be submitted to the Service Provider as relevant
d.For the record management of the Business Partner's Posy Balance, the PVP only acts as an intermediary between the Business Partners and the Service Providers and the PVP will work based on the instructions given by the Business Partners with respect to the funds owned by the Business Partner recorded in the Posy Balance to be submitted to the Service Providers as relevant
ARTICLE 9 - POSY APP
The PVP only provides official Posy App on authorized digital marketplaces, such as the Google Play Store or Apple App Store, and for use only on mobile phone or tablet devices. Downloading the Posy App from any place other than the official digital marketplace and/or into a device other than a mobile phone or tablet is a violation of the Posy Terms of Use and the PVP's intellectual property rights.
ARTICLE 10 - RIGHTS AND OBLIGATIONS OF THE PARTIES
a. PVP's Rights and obligations:
1. The PVP shall provide access to the Business Partners in the event of the Business Partners have followed and passed the registration process under the Posy Terms of Use;
2. The PVP shall shows its best endeavour to secure the confidentiality of data and information including the Contents Management downloaded into the Posy App subject to the Posy Terms of Use and Privacy Policy;
3. The PVP shall shows its best endeavour to maintain the Posy App system to ensure its stability and ready for the Business Partners;
4. The PVP has the rights to obtain and will present the Contents Management downloaded and entered by the Business Partners into the Posy App, including if requested in writing by the Business Partners;
5. The PVP has the rights to add and/or reduce the features contained in the Posy App from time to time to improve the service quality of the Posy App;
6. The PVP has the rights to use Intellectual Property Rights owned by the Business Partners that the PVP and/or its Affiliates could use in connection with the appearance of Posy App and the features in it or for marketing purposes with respect to the Posy Terms of Use;
7. The PVP reserves the rights to place Promotional marketing materials into the Posy App;
8. The PVP has the rights to issue the SOPs needed for the operations subject to change or variation from time to time as notified to the Business Partners;
9.The PVP has the rights to provide the Business Partner with Call Centre services to answer the Business Partner inquiries on the Posy App;
10.The PVP has the rights to deny or limit access to Posy Accounts for particular reasons under the Posy Terms of Use; and
11.Any other rights and obligations as referred to in the SOP and Privacy Policy which constitute an integrated part to the Posy Terms of Use
b. Business Partners' Rights and Obligations:
1. The Business Partners have the rights to get access to the Posy App. The Business Partners have followed and passed the registration process under the Posy Terms of Use and Posy Terms and Conditions;
2. The Business Partners have the rights to receive education on the use of Posy App;
3. The Business Partners shall make payments for each Service used in accordance with the terms agreed upon and regulated by the Special Terms and Conditions of each Service;
4. The Business Partners shall provide information required and requested by the PVP or Service Providers, Promo Providers and/or Third Party Content Providers on the use of Posy App, Services, Promotions or Third Party's Contents;
5. The Business Partners shall send notifications to the PVP in the event of changes to the information contained in the Posy App as well as the information or data provided to the PVP;
6. The Business Partners shall provide notification in the event of changes to the access granted to related parties listed in the Letter of Acceptance in any case not later than 3 (three) Business Days prior to the change and the Business Partners shall sign the Letter of Acceptance again for the changes;
7. The Business Partners shall be responsible for the use and access of the Posy App, including but not limited to feature selection, use of Third Party's Services and Contents, as well as acceptance of Promotions and the use of Payment Methods;
8. The Business Partners shall ensure that any information received from the PVP is used solely for the purpose of using the Services and shall not be used for any purposes other than those specified in the Posy Terms of Use and other Special Terms and Conditions that applies to the Services selected by the Business Partners and shall not be used for any other purposes;
9. The Business Partners shall report to the PVP in the event of indicated misuse of the Posy App;
10. The Business Partners shall complies the provisions on the implementation and procedures related to the Posy App and their respective Services, both those listed in the Posy Terms of Use and Special Terms and Conditions as well as other supporting documents, including but not limited to the SOPs as may be submitted by the PVP or the Service Providers from time to time;
11. The Business Partners shall maintain the confidentiality of Confidential Information and agreed to refrain from disclosing and/or divulging any Confidential Information, either in part or in full, to any third party. For the avoidance of doubt, the confidentiality under this Paragraph shall be valid and binding as of the date the Posy Terms of Use is effective and shall remain effective and valid to the extent of 5 (five) years after the Posy Terms of Use is expired; and other rights and obligations under the Posy Terms of Use, the SOPs and the Privacy Policy which constitute an integrated part to the Posy Terms and Conditions.
c. The following are the obligations of the PVP and the Business Partners based on the Posy Terms of Use:
1. Receives complete and clear information in the event of issues and/or problems with their own system;
2. Perform their obligations under the Special Terms and Conditions in accordance with the selected Services, including ensuring that all employees and/or their representatives will comply with all provisions under the Posy Terms of Use;
3. Observe the applicable laws and regulations in the Republic of Indonesia;
4. Properly maintain their reputation and good will.
ARTICLE 11 - LIMITATION OF LIABILITY
a. The Business Partners is fully responsible for any losses and/or claims arising from the use of Posy App, Services, Third Party's Contents, Offers or Payment Methods chosen, accessed or used by the Business Partner's Posy Account, either by the Business Partners or by other parties which used the Business Partner's Posy Account, either in any manner that is appropriate or contrary to the provisions in the Business Partner Form, the Posy Terms of Use, Special Terms and Conditions, Privacy Policy, including each specific terms and conditions and privacy policy determined by the Service Providers, Third Party Content Providers, Promotion Providers and Payment Method Providers, or the applicable laws and regulations, including but not limited to anti-money laundering, anti-terrorism financing, criminal activity, any form of fraud (including but not limited to phishing activities). and/or social engineering), infringement of intellectual property rights and/or other activities harmful to the public and/or any other party or which could or considered harmful against the reputation of the PVP or its Affiliates;
b. The Business Partners understood and agreed that all risks arising from the use of the Posy App, Services, Third Party's Contents, Offers and Payment Methods are the Business Partners' full responsibility and the Business Partners hereby agreed to release the PVP from any claims in connection with any damage, disruption, or other forms of system disturbances caused by unauthorized access by other parties;
c. The PVP shall not be responsible for any loss or damage caused by any failure or error made by the Service Providers, the Third Party Content Providers, Promotion Providers or Payment Method Providers or the failure or error of Business Partners in complying with the Posy Terms of Use, Special Terms and Conditions and /or other terms and conditions determined by the Service Providers, Third Party Content Providers, Promotion Providers or Payment Method Providers;
d. The Business Partners expressly indemnify the PVP, including but not limited to, its officers, directors, commissioners, employees and agents of the PVP, from any and all obligations, consequences, material or immaterial losses, demands, costs (including attorney fees) or other legal responsibilities that arise or may arise as a result of the Business Partner's violation of the Posy Terms of Use, Special Terms and Conditions and/or other terms and conditions determined by the Service Provider, Third Party Content Providers, Promotion Provider or Payment Method Providers.
ARTICLE 12 - TROUBLESHOOTING
a. If the Business Partners experiences a system problems, knows or suspects that the Business Partner's Posy Account has been hacked, used or misused by another party, or if the Business Partner's personal mobile phone or tablet is lost, stolen, hacked or infected with a virus, immediately report it to the PVP so as that the PVP can immediately take the necessary action to avoid the use, misuse, or loss that arises or may arise further, the Business Partners can immediately contact sales@posy.co.id;
b. Upon the reports received from the Business Partners by the PVP, the PVP will do the following:
1. The PVP will ask for complete data and information such as a summary of facts that occurred, evidence that Business Partners have, order numbers, personal information or other information;
2. Reports, data and information received with the data listed in the PVP system;
3. The PVP reserves the rights at its sole discretion to accept or reject the Report:
a. In the event of the PVP accepts, the PVP will follow up on the Business Partner's Report including making system improvements and helping take necessary actions to reduce losses that may be suffered by the Business Partners, including by revoking the Business Partner's Access to the Posy App, stop first the Posy App system;
b. In the event of the PVP refuses, the PVP will stop the follow-up to the Business Partner's Report.
c. If the Business Partners experiencing issues or problems related to Services, Third Party's Contents, Promotion or payment through Payment Methods, or the business conduct of Service Providers, Third Party Content Providers, Promotion Providers or Payment Method Providers, the Business Partners shall directly contact the parties concerned without resort to the PVP.
ARTICLE 13 – FRAUD
a. "Fraud" are any indication and/or evidence of the following occurrences:
1. suspicious transactions;
2. abuse and/or fictitious transactions, either committed by the Business Partners and/or their employees;
3. related to fraudster; and/or
4. fraud committed by the Business Partners and/or their employees.
b. Any indications and/or evidence of fraudulent, which entitled the PVP the rights, at its sole considerations and policies with or without prior written notification to the Business Partners, to:
1. stop any promotional and/or marketing activities with the Business Partners;
2. suspend the Services provided under the General Terms and Conditions to the Business Partners;
3. withhold and/or suspend the Settlement Fund;
4. refuse payment and/or set-off against the Settlement Fund as a recovery for losses incurred by the PVP and/or other third parties;
5. put the Business Partners on the PVP black list; and/or file a claim, lawsuit and/or lawsuit in any form for any losses incurred by the PVP;
6. The PVP may request the Business Partners to submit supporting evidence as a part of the Business Partner's appeal process against the implementation of the PVP rights, wherein the supporting evidence shall be submitted by the Business Partner not later than 7 (seven) calendar days after being required by the PVP. The PVP will assess the supporting evidence and in its sole discretion decided to settle or continue to exercise its rights as referred to in paragraph (2) hereof.
ARTICLE 14 – POSY ACCOUNT SUSPENSION AND TERMINATION
a. The Business Partners can delete Posy App from the Business Partner's mobile phone and/or tablet at any time. The PVP is under no obligations to Business Partners for any matters arising from the deletion of Posy App, suspension or termination to the Business Partner's Accounts. However, the Business Partners still responsible to settle the Business Partner's obligations that had been accrued, including but not limited to, any obligations that may arise as a result of disputes, claims, or other legal actions, before the date of Posy App deletion, suspension or termination to the Business Partner's Accounts;
b. The Business Partner's accounts may be suspended or terminated for the following reasons, including but not limited to:
1. The Business Partner reports that the Business Partner's Account is used or suspected of being used or misused by another person;
2. The Business Partner reports that the Business Partner's personal mobile phone or tablet is lost, stolen or hacked;
3. The PVP knows or has sufficient reason to suspect that the Business Partner's Posy Account has been transferred or used by another person;
4. The PVP knows or with reasonable grounds suspects that things have happened which, according to the PVP, damaged or harmful to the PVP, Business Partners, Service Providers or other parties;
5. The PVP system detects suspicious activities using the Business Partner's Posy Account or pursuant to the Posy Terms of Use, Special Terms and Conditions, other service terms and conditions and/or Privacy Policy that had not met by the Business Partners;
6. The Business Partners filed or filed into bankruptcy, under Debt Rescheduling process, under liquidation process or other incapability to take legal actions in accordance to the applicable laws and regulations;
7. Use of the Posy App or Services by the Business Partners or other parties (using the Business Partner's Account) in any manner against the Posy Terms of Use, Privacy Policy or the applicable laws and regulations; and/or
8. Suspension order, either temporary or permanent, issued by the relevant government or monetary institution or according to court order in accordance to the applicable laws and regulations.
c. If the Business Partner's Posy Account is suspended and the Business Partners has preponderance evidence that the Business Partner's Posy Account shall be treated otherwise, the Business Partners may Report it to the PVP on such evidence. After further examination on the Business Partner's Report, the PVP will, at PVP's sole discretion, decided to revoke or continue the suspension of the Business Partner's Account. The suspension shall not be continued unreasonably if the PVP decided the issues that caused the suspension had been resolved.
ARTICLE 15 – INFORMATION SECURITY AND PROTECTION
a. Unless expressly stated otherwise under the Posy Terms of Use, any collection, storage, processing, use and sharing of the Business Partner's personal and sensitive data and/or information (the "Business Partner's Data"), including but not limited to name, address, date of birth , occupation, mobile phone number, fax number, electronic mail address, account number and credit card details, gender, identity (including ID card, driving license, or passport) or other government-issued identity, provided by the Business Partners, it is a subject to Privacy Policy;
b. Without prejudice to the provisions on generally accepted indemnity provisions, to the extent possible based on the applicable laws and regulations, the Business Partners agreed to release and hold harmless the PVP from any claims and charges related to viruses, damages, interruptions, or other forms of system interferences, including unauthorized access by unauthorized third parties. The Business Partners shall immediately notifies the PVP if it experienced such system disturbances so as that the PVP can put its best endeavour to make remedy;
c. The Business Partners is responsible and guarantees that the Business Partners will not take the following actions:
1. Delete any copyright notices, trademarks or other proprietary notices contained in the PVP's systems, applications or data;
2. Copy, modify, adapt, translate, create derivative works from, distribute, license, sell, transfer, publicly display in whole or in part, reverse engineer, transmit, transfer, broadcast, describe, or disassemble any part of or otherwise exploit the PVP's systems, applications or data;
3. License, sublicense, sell, resell, transfer, transfer, distribute or exploit commercially or make available to other parties the Posy App or software or hardware owned by the PVP and/or its Affiliates by creating internet links to the PVP systems, applications or data or "frame" or "mirror" any software on other servers or wireless or internet-based devices;
4. Launch automated programs or scripts, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program that may make several server requests per second, creating heavy load or hinder the operation and/or performance of the PVP's systems and applications;
5. Using site search or retrieval applications, other manual or automated tools for scraping, indexing, surveying, data mining, or in any way reproduce or circumvent the navigational structure or presentation of the PVP's systems, applications or data, or their contents;
6. Publish, distribute or reproduce in any way any copyrighted material, trademarks or other information owned by the PVP without the prior written and express consent of the PVP or the rights owner who licenses the rights to the PVP;
7. Use and/or unauthorized access to PVP's systems, applications or data to (a) damage, weaken or harm any aspect of the application and/or related systems and networks, and/or (b) create similar competing products or services use ideas, features, functions or graphics that resemble the PVP's systems, applications or data;
8. Any harmful actions by gross negligence against the PVP's systems, applications and data; or
9. Any actions purported to steal the PVP's and/or Customer's data.
d. The Business Partners is responsible and guarantee that the Business Partners will not request any data and/or information from the customers or other parties by any means on the PVP behalf without PVP's prior written consent;
e. The Business Partners is fully responsible and guarantees the validity of the data and/or information and/or other documents submitted by the Business Partners to the PVP in relation to the provision of Services under the Service Agreement, and the Business Partners hereby releases and hold harmless the PVP from all claims, lawsuits and charges before the court or otherwise by any party including by the Business Partners in connection to any information and/or data submitted by the Business Partners to the PVP.
ARTICLE 16 - CONFIDENTIALITY
a. Either Party may provide Confidential Information to the other Party under the Posy Terms of Use. The Parties agreed that the disclosure, receives and the use of the Confidential Information is carried out in accordance to the provisions set forth hereof;
b. All Confidential Information and data related to the Posy Terms of Use as received by the Parties must be kept confidential and the Parties agreed not to disclose and/or divulge it in part or in full the to any third party or use such information and data for the benefit of any unauthorized Parties under the Posy Terms of Use, excluding:
1. With written consent of the other Party;
2. Information disclosed by either Party to its employees, banks, financial consultants, legal consultants, or other consultants in connection to the Posy Terms of Use;
3. The data already in public domain, without any omission of the receiving Party;
4. Based on a court decision or arbitration; and/or
5. Disclosed by the PVP to its Affiliates, Service Providers and/or any party under an agreement with the PVP to provide the Posy App and/or Services and also for other product or services offering from the PVP.
c. The Business Partners agreed that the PVP has the rights to (1) disclose all data and Confidential Information to the vendors, subcontractors, agents, consultants solely for the purpose of the Posy Terms of Use; and/or (2) processing and using the Business Partner's data to (a) improve the PVP's services and/or its Affiliates and/or Service Providers to the Business Partners (including for fraud systems, fraud rules and corporate audit purposes); and (b) to offer the PVP's products and/or services and/or its Affiliates and/or of other Service Providers to the Business Partners.
ARTICLE 17 - MISCELLANEOUS
a. In the event of discrepancy and/or difference of the Posy Terms of Use with the Special Terms and Conditions, the parties agreed and understood that what applies and binding is the provisions of the Special Terms and Conditions of the selected Service;
b. Each party of the PVP and/or its Affiliates hereby may, by notification to the Business Partners, made set-off at any time to any amounts payable by the Business Partners to either party from the PVP under the Posy Terms of Use and the Special Terms and Conditions or pursuant to the applicable laws and regulations, unless the amount in dispute (and yet to be settled) by the Parties;
c. Each party of the PVP and/or its Affiliates reserves every rights entitled to the PVP and/or its Affiliates under the terms and conditions applies to each feature and/or Service selected. The Business Partner's violation to any of the applicable terms and conditions with respect to the selected features and/or Services will be deemed as violation against the Posy Terms of Use and therefore entitled each party of the PVP to exercise their rights under the Posy Terms of Use;
d. The Business Partners shall not transfer their rights under the Posy Terms of Use without written consent of the PVP. However, the PVP may transfer its rights and obligations under the Terms of Use at any time to other parties, including its Affiliates, without prior consent of or prior notice to the Business Partners;
e. Subject to the Special Terms and Conditions, the PVP may at any time change, supplement, replace and/or add the provisions under the Posy Terms of Use, at its sole discretion and will make reasonable efforts to notify the Business Partners on such changes (amendments) or addendum as follows:
1. for email notification, 2 (two) hours after the e-mail is delivered (as recorded by the device used by the sender), unless the sender receives an automatic message that the e-mail was not successfully delivered;
2. for in-app notification, when the push notification and/or other notification media in the application is issued as proven through the PVP system;
3. for any notifications other than as referred to in point a and b, in accordance to the provisions stated therein;
Any changes (amendments) or additions (addendum) to the Posy Terms of Use shall be effective as of the PVP announces or notifies the changes (amendments) or additions (addendum). The Business Partners acknowledged and agreed that the Business Partners is responsible for regular reviews of the Posy Terms of Use and/or Special Terms and Conditions applies to it. Any changes to the Posy Terms of Use and/or Special Terms and Conditions, shall bind the Business Partners, and the continued use of the Services chosen by the Business Partners will be considered as consent to such changes
a. This Terms of Use of Posy is an agreement between the Business Partners and the PT Pintar Ventura Pertama (the "PVP") which regulates the access and use of the Business Partners for the applications, websites, contents and products provided by the PVP (hereinafter, collectively referred to as (the "Posy App"), as well as order, payment or use of services available on the Posy App (the "Services");
b. By accessing the Posy App and having a Posy Account, the Business Partners is deemed to have agreed to these Posy Terms of Use, including also agreeing to the Standard Operating Guidelines or SOPs, as well as the Special Terms and Conditions for each selected Service, and its changes which constitute an integrated part to the Posy Terms of Use (hereinafter, Posy Terms of Use, Special Terms and Conditions, and its amendments collectively referred to as the "Posy Terms and Conditions");
c. The Business Partners agreed that the Posy Terms of Use is agreed using electronic agreement in accordance to the Republic of Indonesia Act 11 of 2008 on Information and Electronic Transactions. Thus the Posy Terms of Use shall be legally binding and enforceable without any hard copy of the Posy Terms of Use. If further required by law or policy of the relevant authority, the Business Partners agreed to use the required electronic signature method and all costs incurred shall be borne by the Business Partnes unless otherwise specified by the PVP;
d. the PVP reserves the right, at our sole discretion, to change, add, or remove any provisions under the Posy Terms of Use any time by notification on the Posy App or in any other way as PVP determined. The Business Partners shall review and learn any changes as notified by the PVP and by the act or continuing the use of Posy App after the changes, the Business Partners deemed had agreed to it.
The PVP and the Business Partners severally referred to as "Party" and jointly referred to as the "Parties".
In view of the provisions under the Posy Terms of Use, the Parties agreed to the Posy Terms of Use as follows:
ARTICLE 2 - DEFINITIONS
In the Posy Terms of Use the following definitions shall applies:
a. Affiliate is any entity both Indonesian based or otherwise which controls, controlled by or under the same control with the PVP;
b. Account has the meaning as referred to under Article 4 paragraph 1 of the Posy Terms of Use;
c. Posy App is an application provided by the PVP as an electronic tools for the Business Partners in their business management using the features and services on the Posy App either PVP's and/or Service Providers';
d. Service Fee is the amount of the Service fee for using the Service as determined and agreed between the Business Partners and the Service Provider;
e. Business Partner Form is a Service registration form that must be agreed and/or signed by the Business Partners, including but not limited to order forms and/or other forms, both physical and electronic, containing information, data and information on Partners Business, including but not limited to the amount of the Service Fee agreed by the Parties, submitted to the Service Provider Affiliated with the PVP (as relevant) and constitute an integrated part to the Posy Terms of Use and the Special Terms and Conditions;
f. Intellectual Property Rights are:
1. patents, trademarks, copyrights (including rights in software), trade names, internet domain names, topography, design rights, moral rights, rights in databases, trade secrets, how to use and other confidential information, knowledge (know-how), creations, software code and other intellectual property rights, either registered or unregistered, and included in applications for registration, and all rights or other forms of protection having a similar effect anywhere in the world which implies Intellectual Property Rights;
2. license based rights, approvals, orders, laws and regulations or based on anything in connection with point a above;
3. rights that have the same or similar effect or origin as points a and b that currently or in the future may arise; and
4. the rights to sue any violation against the foregoing rights.
g. Business Day Business Day is any day, excluding Saturday, Sunday and national holidays determined by the government of the Republic of Indonesia, in which the banks throughout Indonesia are open for business and carry out clearing transactions;
h. Confidential Information is any data and/or information that:
1. disclosed either by the PVP or any of the PVP Affiliates to the Business Partners, or by the Business Partners to the PVP or any of the PVP Affiliates, in connection with the implementation of the provision of services selected from the PVP or any of the PVP Affiliates to the Business Partners;
2. is the property of, pertaining to or made by any of the parties, either the PVP or any of the PVP Affiliates or the Business Partners; and
3. pertaining to either parties (the PVP or any of the PVP Affiliates or the Business Partners) which deliver to the party (either the PVP or any of the PVP Affiliates or the Business Partners) business benefits or opportunities to obtain such benefits or disclosure which might harm the interests of the party (either the PVP or any of the PVP Affiliates or the Business Partners).
i. Privacy Policy is a privacy policy for the use of Posy App and Services that can be accessed on https://www.posy.co.id/privacy-policy/, as applied and subject to change or variation from time to time by the PVP which constitute an integrated part to the Posy Terms of Use;
j. Third Party Content is any information, data, or actual news, which is created, prepared, developed, and/or managed by the Third Party Content Providers or obtained by the Third Party Content Providers from other third parties, where the Third Party Content Providers is responsible for obtaining any permissions needed to present such Third Party Content, including but not limited to text or writing, images, quotes or quotes, photos, illustrations, animations, videos, sound or music recordings, titles, and/or descriptions to be presented on the Posy App, including any links to it;
k. Services are services provided by the Service Providers including but not limited to order, payment, or features and or products made available on the Posy App;
l. Reports are complaints, inquiries, objections, claims or requests submitted by the Business Partners related to the events as referred to under Article 11 paragraph 1;
m. Content Management is any information, data and/or contents owned by the Business Partners, included and presented in the Posy App, subject to update from time to time by the Business Partners according to the given conditions by the PVP;
n. Payment Methods are electronic money, loan facilities, debit or credit cards or other payment methods that can be accessed and used through the Posy App;
o. Promotion is sales, promotion, and/or marketing activities and/or programs which offer the Business Partners with features, services or other benefits carried out by the Service Providers to the Business Partners through the Posy App;
p. Third Party Content Providers are the PVP, Service Providers, PVP Affiliates and/or third parties under agreement with the PVP to provide Third Party Content;
q. Service Providers is the PVP, PVP Affiliates and/or an independent third party agreed as service providers on the Posy App under partnership scheme or other agreement schemes, in which the Service Providers has the rights to charge Service Fees to the Business Partners;
r. Payment Method Providers is an electronic Payment Method, provided by the PVP Affiliates or independent third parties (such as banks, electronic money issuers, etc.) available on the Posy App;
s. Promo Provider has the meaning as referred to under Article 5 paragraph 3 of the Posy Terms and Conditions;
t. Standard Operating Procedure or SOPs are the standard operating procedures to use the Services as prepared by the PVP and subject to change or variation from time to time;
u. Posy Balance is a feature which record the Business Partners' funds (not funds deposit facilities or electronic money) provided by the PVP to provide information on Service transaction funds and/or Service Fees used and/or accessed by the Business Partners through the Posy App;
v. Special Terms and Conditions are the terms and conditions of each Service entered into and agreed between the Business Partners and the Service Providers.
ARTICLE 3 - USE OF POSY APP AND SERVICES
a. Access and use of the Posy App is subject to the Posy Terms of Use;
b. The Business Partners have full discretion to use the Posy App or other applications, use the Services available on the Posy App or otherwise, or stop using the Posy App
c. All Services are provided directly by the Service Providers, the PVP only facilitates the Business Partners to find various Services that the Business Partners needed by providing access to the Posy App;
d. Furthermore, if the Service Providers receives the Business Partner's order, the PVP will inform the Business Partner's order status via the Posy App.
ARTICLE 4 – OPENING AND ACCESSING POSY ACCOUNTS
The Business Partners can access and use the Posy App if the Business Partners already has a Posy account (the "Posy Account") in the following ways:
a. Registration Before using the Posy App, the Business Partners shall:
- fill the Business Partners Form and registered as Business Partner by providing the information required by the PVP and/or its Affiliates such as any documents/information requested by the PVP from time to time;
- agreed to the Posy Terms of Use; and
- agreed to the Privacy Policy.
b. Verification
1. After registration, the PVP system will generate a verification code automatically and send the verification code via short message to the mobile phone number provided by the Business Partners;
2. A verification code (one-time password/otp) is generated automatically by the PVP system. In any case, the PVP, its Affiliates and its employees do not know and have never asked the Business Partners their verification code;
3. The Business Partners need to verify by entering the verification code on the registration page in the Posy App;
4. In any case, the Business Partners is prohibited from notifying the verification code received by the Business Partners to anyone even to the PVP or other parties claiming to be representatives of the PVP.
a. Provisions on Account Creation and Access
1. After verification, the PVP system will create a personal Posy Account for the Business Partners that can be used to use the Posy App and order and/or use the Service through the Posy App. The appointment of any party granted with access to the Posy Account is a subject to the provisions by the PVP;
2. The Business Partner's mobile phone number is attached to the Business Partner's Account thereby the Business Partners cannot create a new Posy Account with a registered mobile phone number. Changes to the Business Partner's mobile phone number is a subject to the provisions and SOPs by the PVP;
3. In the event of the Business Partners signed out from their Business Partner's Posy Account, the Business Partners needs to enter their email address or mobile phone number provided in their registration and enter the verification code, sent automatically by the PVP system to the Business Partner's registered mobile number, on the access page;
d. At its sole consideration, the PVP may has its own policy not to continue the Business Partners registration process, terminate the selected Service, impose suspension, hold the disbursement of funds to the bank account determined by the Business Partners and as stated in the Business Partner Form and/or disapprove providing additional Services to Business Partners for the following reasons, including but not limited to:
1. The Business Partners had and/or committing crimes or violated the legal, social, religious and moral norms;
2. The Business Partners had and/or participating in illegal group or organization;
3. The Business Partners had and/or blacklisted by the PVP and/or its Affiliates, the Bank Indonesia and the Indonesian Credit Card Association (AKKI);
4. The Business Partners committed and/or involving in fraud attempt;
5. The Business Partners committed and/or having involvement with fraudsters;
6. The Business Partners charge additional fees for Customer's Transaction;
7. The Business Partners misuse Customer's data and/or information; and/or
8. The Business Partners failed on internal control by the PVP.
ARTICLE 5 - PROVISIONS ON BUSINESS PARTNER'S POSY ACCOUNT
a. The Business Partner's Posy Account may be used only by the Business Partners and shall not be transferred to other third parties for any reason. The PVP has the rights to refuse to facilitate any order if the PVP knows or has sufficient reason to suspect that the Business Partners has transferred or allowed the Business Partner's Posy Account to be used by another party. The Business Partners is prohibited from using the Business Partner's personal Account or other people's Accounts to order Services that Business Partners will accept it themselves as a Service Providers;
b. The security and confidentiality of the Business Partner's Posy Account, including registered name, registered electronic mail address, registered mobile phone number, payment details and the Payment Method that the Business Partner chooses, as well as the verification code generated and sent by the PVP system or Payment Method Providers is entirely the responsibility Personal Business Partner. All losses and risks arising from the Business Partner's negligence in maintaining security and confidentiality as stated, will be borne by the Business Partner himself. In such case, the PVP will consider any use or order made through the Business Partner's Posy Account as a valid request from the Business Partners;
c. In any case, the Business Partners acknowledged and agreed that the PVP only provides the Posy App as is and the PVP does not represent or guarantee or be responsible that the reliability, timeliness, quality, suitability, availability, accuracy, completeness or security of the Posy App can meet the needs and will be in accordance with the expectations of Business Partners, including but not limited to Services, Third Party Contents, Promotions and Payment Methods which are the sole responsibility of the Service Providers, Third Party Content Providers, Promotion Providers and Payment Method Providers;
d. The PVP is under no obligation to monitor the Business Partner's access to or use of the Posy App. However, the PVP continues to supervise for the purpose of ensuring the smooth use of the Posy App and to ensure compliance with the Posy Terms of Use, the applicable laws and regulations, court decisions, and/or the provisions of administrative institutions or other government bodies;
e. The Business Partners shall notify the PVP if the Business Partners knows or suspects that the Business Partner's Posy Account has been used without the knowledge and approval of the Business Partners. The PVP will take any action deemed as necessary and applicable for any authorized uses including but not limited to blocking access to Posy Accounts, in cooperation with the Service Providers to stop any Services facilitation or provisions;
f. The PVP is under no obligation, including to take further action or legal action deemed as necessary by the Business Partners, Service Providers, Third Party Content Providers, Promotion Providers or Payment Method Providers, for any issues or disputes arising between the Business Partners and the Service Providers, Third Party Content Providers, Promotion Providers or Payment Method Providers;
g. The Business Partners agreed to access or use the Posy App, Services, Third Party Contents, Offers or Payment Methods only for the purposes as specified in the Business Partner Form, the Posy Terms of Use and shall not abuse or use the Posy App, Services, Third Party Contents, Promotions or Payment Methods for fraudulent purposes, causing inconvenience to others, placing false orders or other actions that could or considered harmful in any form against others;
h. The Business Partners understood and agreed that the use of Posy Account is further regulated by the Terms and Conditions on the Appointment of Posy Account Role which constitute an integrated part to the Posy Terms of Use.
ARTICLE 6 - CONTENTS, INFORMATION AND PROMOTION
a. Third Party's Contents
The PVP or the Third Party Content Providers, shall not be held responsible for any part of the of Third Party's Contents. The Business Partner's access or use of Third Party's Contents constitute the Business Partner's consent to comply with the terms and conditions as set by the PVP or the Third Party Content Providers including the Privacy Policy or the policies and terms and conditions as determined by the Third Party Content Providers;
b. Contents Management
1. In using the Posy, the Business Partners shall comply with Contents Management guidelines which may be updated from time to time in accordance to the PVP. Each upload and/or change to such Contents Management constitute the Business Partner's consent to comply with the terms and conditions set by the PVP, including the the PVP's Privacy Policy or guidelines for Contents Management;
2. The PVP shall not be held responsible for any part of Contents Management and the Business Partners hereby released the PVP from any claims of other third parties and fully responsible for all uploaded contents or substances including but not limited to reports or complaints on the contents uploaded by the Business Partners on the Posy App;
c. Promotional Offer
1. The PVP, Service Providers, Third Party Content Providers or other third parties may offer Promotions (the "Promo Providers") in which the Business Partners can exchange for goods, services or other benefits related to the use of the Posy App. In the event of the Promo Providers is provided by any party other than the PVP, the PVP shall not be held responsible for any part of the Promotional contents. The Business Partner's access or use of the Promotion constitute the Business Partner's consent to comply with the terms and conditions set by the PVP or the Promo Providers, including the Privacy Policy or the Promo Providers;
2. Any information, Promotions contained in the Posy App is intended only to provide the Business Partners with the best experiences when using the Posy App or Services. The Business Partners shall not abuse the Promotions that Business Partners had received during the use of Posy App or Services;
3. The Business Partners agreed to use the Promotion in accordance to the purpose of the Promotion and the terms, conditions set by the PVP and/or the Service Providers and the Business Partners will not abuse, duplicate, cash-in, transfer, use for commercial purposes or take unreasonable advantages of the Promotion in any form or manner;
4. The Business Partners understood that the Promotion is not a subject to cash-in, has a limited validity period and subject to the conditions applicable for each Promotion.
ARTICLE 7 - FEES AND PAYMENTS
a. Software download and the use of Posy App is free of charge. However, the PVP may charge fees for the use of Posy App or the use of certain features provided by the PVP in the future by notification in writing to the Business Partners;
b. The services available on the Posy App is a subject to fees which the Business Partners can find on the Business Partner Form and/or the Posy App before the Business Partner orders the Service. The Service Providers may change or update the fees from time to time based on certain factors, including location, time, type of Service and the applicable laws and regulations, where such changes will follow the terms and conditions applicable to each Service;
c. The Business Partners may make payments for access to Posy Accounts (if applicable), Services, Third Party Contents or Promotions that Business Partners accessed using any of the Payment Methods provided by the Payment Method Providers which is a subject to change from time to time at the PVP sole discretion;
d. To enable payments through the Payment Method, the Business Partners shall be officially registered with the Business Partner's chosen Payment Method Providers and use the Business Partner's own payment credentials. If the Business Partner used another party's registered credentials, the Business Partners is fully responsible for all necessary consents and all losses or disputes arising between the Business Partners and the other parties, either due to negligence or fault of the Business Partners, the PVP, the Service Providers, the Third Party Content Providers, the Promo Providers or the Payment Method Providers;
e. The PVP has the rights to refuse or delay to forward the Business Partner's payment requests through the Payment Methods for particular reasons, including but not limited to indications or the PVP, Service Providers, Third Party Content Providers, Promo Providers or Payment Method Providers have sufficient reasons to suspect fraud, falsification, violation against the Posy Terms of Use, Special Terms and Conditions, or other terms and conditions related to the Service as well as for violations against the applicable laws and regulations including those related to payment instruments using cards, electronic money, payment transaction processing, anti-laundering money, corruption and terrorism financing prevention, or other inappropriate or suspicious actions, including non-performance of the Business Partner's obligations to the PVP and/or Service Providers, Third Party Content Providers;
f. Further provisions on the fees applicable to certain Services, Third Party's Contents, Promotions and/or Payment Methods can be found in additional Posy Terms and Conditions of the Services that Business Partners order and the terms and conditions of the Service Providers, Third Party Content Providers, Promotion Providers and/or Payment Method Providers.
ARTICLE 8 - POSY BALANCE
a. Posy Balance is a feature which record the Business Partners' funds (not funds deposit facilities or electronic money) provided by the PVP to provide information on Service transaction funds and/or Service Fees used and/or accessed by the Business Partners through the Posy App;
b. Posy balance only comes from the results of Service transactions managed through the Posy App and cannot be added independently (top-up);
c. The Posy balance recorded on the Posy App can only be used/withdrawal/settled to a bank account as determined or instructed by the Business Partners to or through the Posy App to be submitted to the Service Provider as relevant
d.For the record management of the Business Partner's Posy Balance, the PVP only acts as an intermediary between the Business Partners and the Service Providers and the PVP will work based on the instructions given by the Business Partners with respect to the funds owned by the Business Partner recorded in the Posy Balance to be submitted to the Service Providers as relevant
ARTICLE 9 - POSY APP
The PVP only provides official Posy App on authorized digital marketplaces, such as the Google Play Store or Apple App Store, and for use only on mobile phone or tablet devices. Downloading the Posy App from any place other than the official digital marketplace and/or into a device other than a mobile phone or tablet is a violation of the Posy Terms of Use and the PVP's intellectual property rights.
ARTICLE 10 - RIGHTS AND OBLIGATIONS OF THE PARTIES
a. PVP's Rights and obligations:
1. The PVP shall provide access to the Business Partners in the event of the Business Partners have followed and passed the registration process under the Posy Terms of Use;
2. The PVP shall shows its best endeavour to secure the confidentiality of data and information including the Contents Management downloaded into the Posy App subject to the Posy Terms of Use and Privacy Policy;
3. The PVP shall shows its best endeavour to maintain the Posy App system to ensure its stability and ready for the Business Partners;
4. The PVP has the rights to obtain and will present the Contents Management downloaded and entered by the Business Partners into the Posy App, including if requested in writing by the Business Partners;
5. The PVP has the rights to add and/or reduce the features contained in the Posy App from time to time to improve the service quality of the Posy App;
6. The PVP has the rights to use Intellectual Property Rights owned by the Business Partners that the PVP and/or its Affiliates could use in connection with the appearance of Posy App and the features in it or for marketing purposes with respect to the Posy Terms of Use;
7. The PVP reserves the rights to place Promotional marketing materials into the Posy App;
8. The PVP has the rights to issue the SOPs needed for the operations subject to change or variation from time to time as notified to the Business Partners;
9.The PVP has the rights to provide the Business Partner with Call Centre services to answer the Business Partner inquiries on the Posy App;
10.The PVP has the rights to deny or limit access to Posy Accounts for particular reasons under the Posy Terms of Use; and
11.Any other rights and obligations as referred to in the SOP and Privacy Policy which constitute an integrated part to the Posy Terms of Use
b. Business Partners' Rights and Obligations:
1. The Business Partners have the rights to get access to the Posy App. The Business Partners have followed and passed the registration process under the Posy Terms of Use and Posy Terms and Conditions;
2. The Business Partners have the rights to receive education on the use of Posy App;
3. The Business Partners shall make payments for each Service used in accordance with the terms agreed upon and regulated by the Special Terms and Conditions of each Service;
4. The Business Partners shall provide information required and requested by the PVP or Service Providers, Promo Providers and/or Third Party Content Providers on the use of Posy App, Services, Promotions or Third Party's Contents;
5. The Business Partners shall send notifications to the PVP in the event of changes to the information contained in the Posy App as well as the information or data provided to the PVP;
6. The Business Partners shall provide notification in the event of changes to the access granted to related parties listed in the Letter of Acceptance in any case not later than 3 (three) Business Days prior to the change and the Business Partners shall sign the Letter of Acceptance again for the changes;
7. The Business Partners shall be responsible for the use and access of the Posy App, including but not limited to feature selection, use of Third Party's Services and Contents, as well as acceptance of Promotions and the use of Payment Methods;
8. The Business Partners shall ensure that any information received from the PVP is used solely for the purpose of using the Services and shall not be used for any purposes other than those specified in the Posy Terms of Use and other Special Terms and Conditions that applies to the Services selected by the Business Partners and shall not be used for any other purposes;
9. The Business Partners shall report to the PVP in the event of indicated misuse of the Posy App;
10. The Business Partners shall complies the provisions on the implementation and procedures related to the Posy App and their respective Services, both those listed in the Posy Terms of Use and Special Terms and Conditions as well as other supporting documents, including but not limited to the SOPs as may be submitted by the PVP or the Service Providers from time to time;
11. The Business Partners shall maintain the confidentiality of Confidential Information and agreed to refrain from disclosing and/or divulging any Confidential Information, either in part or in full, to any third party. For the avoidance of doubt, the confidentiality under this Paragraph shall be valid and binding as of the date the Posy Terms of Use is effective and shall remain effective and valid to the extent of 5 (five) years after the Posy Terms of Use is expired; and other rights and obligations under the Posy Terms of Use, the SOPs and the Privacy Policy which constitute an integrated part to the Posy Terms and Conditions.
c. The following are the obligations of the PVP and the Business Partners based on the Posy Terms of Use:
1. Receives complete and clear information in the event of issues and/or problems with their own system;
2. Perform their obligations under the Special Terms and Conditions in accordance with the selected Services, including ensuring that all employees and/or their representatives will comply with all provisions under the Posy Terms of Use;
3. Observe the applicable laws and regulations in the Republic of Indonesia;
4. Properly maintain their reputation and good will.
ARTICLE 11 - LIMITATION OF LIABILITY
a. The Business Partners is fully responsible for any losses and/or claims arising from the use of Posy App, Services, Third Party's Contents, Offers or Payment Methods chosen, accessed or used by the Business Partner's Posy Account, either by the Business Partners or by other parties which used the Business Partner's Posy Account, either in any manner that is appropriate or contrary to the provisions in the Business Partner Form, the Posy Terms of Use, Special Terms and Conditions, Privacy Policy, including each specific terms and conditions and privacy policy determined by the Service Providers, Third Party Content Providers, Promotion Providers and Payment Method Providers, or the applicable laws and regulations, including but not limited to anti-money laundering, anti-terrorism financing, criminal activity, any form of fraud (including but not limited to phishing activities). and/or social engineering), infringement of intellectual property rights and/or other activities harmful to the public and/or any other party or which could or considered harmful against the reputation of the PVP or its Affiliates;
b. The Business Partners understood and agreed that all risks arising from the use of the Posy App, Services, Third Party's Contents, Offers and Payment Methods are the Business Partners' full responsibility and the Business Partners hereby agreed to release the PVP from any claims in connection with any damage, disruption, or other forms of system disturbances caused by unauthorized access by other parties;
c. The PVP shall not be responsible for any loss or damage caused by any failure or error made by the Service Providers, the Third Party Content Providers, Promotion Providers or Payment Method Providers or the failure or error of Business Partners in complying with the Posy Terms of Use, Special Terms and Conditions and /or other terms and conditions determined by the Service Providers, Third Party Content Providers, Promotion Providers or Payment Method Providers;
d. The Business Partners expressly indemnify the PVP, including but not limited to, its officers, directors, commissioners, employees and agents of the PVP, from any and all obligations, consequences, material or immaterial losses, demands, costs (including attorney fees) or other legal responsibilities that arise or may arise as a result of the Business Partner's violation of the Posy Terms of Use, Special Terms and Conditions and/or other terms and conditions determined by the Service Provider, Third Party Content Providers, Promotion Provider or Payment Method Providers.
ARTICLE 12 - TROUBLESHOOTING
a. If the Business Partners experiences a system problems, knows or suspects that the Business Partner's Posy Account has been hacked, used or misused by another party, or if the Business Partner's personal mobile phone or tablet is lost, stolen, hacked or infected with a virus, immediately report it to the PVP so as that the PVP can immediately take the necessary action to avoid the use, misuse, or loss that arises or may arise further, the Business Partners can immediately contact sales@posy.co.id;
b. Upon the reports received from the Business Partners by the PVP, the PVP will do the following:
1. The PVP will ask for complete data and information such as a summary of facts that occurred, evidence that Business Partners have, order numbers, personal information or other information;
2. Reports, data and information received with the data listed in the PVP system;
3. The PVP reserves the rights at its sole discretion to accept or reject the Report:
a. In the event of the PVP accepts, the PVP will follow up on the Business Partner's Report including making system improvements and helping take necessary actions to reduce losses that may be suffered by the Business Partners, including by revoking the Business Partner's Access to the Posy App, stop first the Posy App system;
b. In the event of the PVP refuses, the PVP will stop the follow-up to the Business Partner's Report.
c. If the Business Partners experiencing issues or problems related to Services, Third Party's Contents, Promotion or payment through Payment Methods, or the business conduct of Service Providers, Third Party Content Providers, Promotion Providers or Payment Method Providers, the Business Partners shall directly contact the parties concerned without resort to the PVP.
ARTICLE 13 – FRAUD
a. "Fraud" are any indication and/or evidence of the following occurrences:
1. suspicious transactions;
2. abuse and/or fictitious transactions, either committed by the Business Partners and/or their employees;
3. related to fraudster; and/or
4. fraud committed by the Business Partners and/or their employees.
b. Any indications and/or evidence of fraudulent, which entitled the PVP the rights, at its sole considerations and policies with or without prior written notification to the Business Partners, to:
1. stop any promotional and/or marketing activities with the Business Partners;
2. suspend the Services provided under the General Terms and Conditions to the Business Partners;
3. withhold and/or suspend the Settlement Fund;
4. refuse payment and/or set-off against the Settlement Fund as a recovery for losses incurred by the PVP and/or other third parties;
5. put the Business Partners on the PVP black list; and/or file a claim, lawsuit and/or lawsuit in any form for any losses incurred by the PVP;
6. The PVP may request the Business Partners to submit supporting evidence as a part of the Business Partner's appeal process against the implementation of the PVP rights, wherein the supporting evidence shall be submitted by the Business Partner not later than 7 (seven) calendar days after being required by the PVP. The PVP will assess the supporting evidence and in its sole discretion decided to settle or continue to exercise its rights as referred to in paragraph (2) hereof.
ARTICLE 14 – POSY ACCOUNT SUSPENSION AND TERMINATION
a. The Business Partners can delete Posy App from the Business Partner's mobile phone and/or tablet at any time. The PVP is under no obligations to Business Partners for any matters arising from the deletion of Posy App, suspension or termination to the Business Partner's Accounts. However, the Business Partners still responsible to settle the Business Partner's obligations that had been accrued, including but not limited to, any obligations that may arise as a result of disputes, claims, or other legal actions, before the date of Posy App deletion, suspension or termination to the Business Partner's Accounts;
b. The Business Partner's accounts may be suspended or terminated for the following reasons, including but not limited to:
1. The Business Partner reports that the Business Partner's Account is used or suspected of being used or misused by another person;
2. The Business Partner reports that the Business Partner's personal mobile phone or tablet is lost, stolen or hacked;
3. The PVP knows or has sufficient reason to suspect that the Business Partner's Posy Account has been transferred or used by another person;
4. The PVP knows or with reasonable grounds suspects that things have happened which, according to the PVP, damaged or harmful to the PVP, Business Partners, Service Providers or other parties;
5. The PVP system detects suspicious activities using the Business Partner's Posy Account or pursuant to the Posy Terms of Use, Special Terms and Conditions, other service terms and conditions and/or Privacy Policy that had not met by the Business Partners;
6. The Business Partners filed or filed into bankruptcy, under Debt Rescheduling process, under liquidation process or other incapability to take legal actions in accordance to the applicable laws and regulations;
7. Use of the Posy App or Services by the Business Partners or other parties (using the Business Partner's Account) in any manner against the Posy Terms of Use, Privacy Policy or the applicable laws and regulations; and/or
8. Suspension order, either temporary or permanent, issued by the relevant government or monetary institution or according to court order in accordance to the applicable laws and regulations.
c. If the Business Partner's Posy Account is suspended and the Business Partners has preponderance evidence that the Business Partner's Posy Account shall be treated otherwise, the Business Partners may Report it to the PVP on such evidence. After further examination on the Business Partner's Report, the PVP will, at PVP's sole discretion, decided to revoke or continue the suspension of the Business Partner's Account. The suspension shall not be continued unreasonably if the PVP decided the issues that caused the suspension had been resolved.
ARTICLE 15 – INFORMATION SECURITY AND PROTECTION
a. Unless expressly stated otherwise under the Posy Terms of Use, any collection, storage, processing, use and sharing of the Business Partner's personal and sensitive data and/or information (the "Business Partner's Data"), including but not limited to name, address, date of birth , occupation, mobile phone number, fax number, electronic mail address, account number and credit card details, gender, identity (including ID card, driving license, or passport) or other government-issued identity, provided by the Business Partners, it is a subject to Privacy Policy;
b. Without prejudice to the provisions on generally accepted indemnity provisions, to the extent possible based on the applicable laws and regulations, the Business Partners agreed to release and hold harmless the PVP from any claims and charges related to viruses, damages, interruptions, or other forms of system interferences, including unauthorized access by unauthorized third parties. The Business Partners shall immediately notifies the PVP if it experienced such system disturbances so as that the PVP can put its best endeavour to make remedy;
c. The Business Partners is responsible and guarantees that the Business Partners will not take the following actions:
1. Delete any copyright notices, trademarks or other proprietary notices contained in the PVP's systems, applications or data;
2. Copy, modify, adapt, translate, create derivative works from, distribute, license, sell, transfer, publicly display in whole or in part, reverse engineer, transmit, transfer, broadcast, describe, or disassemble any part of or otherwise exploit the PVP's systems, applications or data;
3. License, sublicense, sell, resell, transfer, transfer, distribute or exploit commercially or make available to other parties the Posy App or software or hardware owned by the PVP and/or its Affiliates by creating internet links to the PVP systems, applications or data or "frame" or "mirror" any software on other servers or wireless or internet-based devices;
4. Launch automated programs or scripts, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program that may make several server requests per second, creating heavy load or hinder the operation and/or performance of the PVP's systems and applications;
5. Using site search or retrieval applications, other manual or automated tools for scraping, indexing, surveying, data mining, or in any way reproduce or circumvent the navigational structure or presentation of the PVP's systems, applications or data, or their contents;
6. Publish, distribute or reproduce in any way any copyrighted material, trademarks or other information owned by the PVP without the prior written and express consent of the PVP or the rights owner who licenses the rights to the PVP;
7. Use and/or unauthorized access to PVP's systems, applications or data to (a) damage, weaken or harm any aspect of the application and/or related systems and networks, and/or (b) create similar competing products or services use ideas, features, functions or graphics that resemble the PVP's systems, applications or data;
8. Any harmful actions by gross negligence against the PVP's systems, applications and data; or
9. Any actions purported to steal the PVP's and/or Customer's data.
d. The Business Partners is responsible and guarantee that the Business Partners will not request any data and/or information from the customers or other parties by any means on the PVP behalf without PVP's prior written consent;
e. The Business Partners is fully responsible and guarantees the validity of the data and/or information and/or other documents submitted by the Business Partners to the PVP in relation to the provision of Services under the Service Agreement, and the Business Partners hereby releases and hold harmless the PVP from all claims, lawsuits and charges before the court or otherwise by any party including by the Business Partners in connection to any information and/or data submitted by the Business Partners to the PVP.
ARTICLE 16 - CONFIDENTIALITY
a. Either Party may provide Confidential Information to the other Party under the Posy Terms of Use. The Parties agreed that the disclosure, receives and the use of the Confidential Information is carried out in accordance to the provisions set forth hereof;
b. All Confidential Information and data related to the Posy Terms of Use as received by the Parties must be kept confidential and the Parties agreed not to disclose and/or divulge it in part or in full the to any third party or use such information and data for the benefit of any unauthorized Parties under the Posy Terms of Use, excluding:
1. With written consent of the other Party;
2. Information disclosed by either Party to its employees, banks, financial consultants, legal consultants, or other consultants in connection to the Posy Terms of Use;
3. The data already in public domain, without any omission of the receiving Party;
4. Based on a court decision or arbitration; and/or
5. Disclosed by the PVP to its Affiliates, Service Providers and/or any party under an agreement with the PVP to provide the Posy App and/or Services and also for other product or services offering from the PVP.
c. The Business Partners agreed that the PVP has the rights to (1) disclose all data and Confidential Information to the vendors, subcontractors, agents, consultants solely for the purpose of the Posy Terms of Use; and/or (2) processing and using the Business Partner's data to (a) improve the PVP's services and/or its Affiliates and/or Service Providers to the Business Partners (including for fraud systems, fraud rules and corporate audit purposes); and (b) to offer the PVP's products and/or services and/or its Affiliates and/or of other Service Providers to the Business Partners.
ARTICLE 17 - MISCELLANEOUS
a. In the event of discrepancy and/or difference of the Posy Terms of Use with the Special Terms and Conditions, the parties agreed and understood that what applies and binding is the provisions of the Special Terms and Conditions of the selected Service;
b. Each party of the PVP and/or its Affiliates hereby may, by notification to the Business Partners, made set-off at any time to any amounts payable by the Business Partners to either party from the PVP under the Posy Terms of Use and the Special Terms and Conditions or pursuant to the applicable laws and regulations, unless the amount in dispute (and yet to be settled) by the Parties;
c. Each party of the PVP and/or its Affiliates reserves every rights entitled to the PVP and/or its Affiliates under the terms and conditions applies to each feature and/or Service selected. The Business Partner's violation to any of the applicable terms and conditions with respect to the selected features and/or Services will be deemed as violation against the Posy Terms of Use and therefore entitled each party of the PVP to exercise their rights under the Posy Terms of Use;
d. The Business Partners shall not transfer their rights under the Posy Terms of Use without written consent of the PVP. However, the PVP may transfer its rights and obligations under the Terms of Use at any time to other parties, including its Affiliates, without prior consent of or prior notice to the Business Partners;
e. Subject to the Special Terms and Conditions, the PVP may at any time change, supplement, replace and/or add the provisions under the Posy Terms of Use, at its sole discretion and will make reasonable efforts to notify the Business Partners on such changes (amendments) or addendum as follows:
1. for email notification, 2 (two) hours after the e-mail is delivered (as recorded by the device used by the sender), unless the sender receives an automatic message that the e-mail was not successfully delivered;
2. for in-app notification, when the push notification and/or other notification media in the application is issued as proven through the PVP system;
3. for any notifications other than as referred to in point a and b, in accordance to the provisions stated therein;
Any changes (amendments) or additions (addendum) to the Posy Terms of Use shall be effective as of the PVP announces or notifies the changes (amendments) or additions (addendum). The Business Partners acknowledged and agreed that the Business Partners is responsible for regular reviews of the Posy Terms of Use and/or Special Terms and Conditions applies to it. Any changes to the Posy Terms of Use and/or Special Terms and Conditions, shall bind the Business Partners, and the continued use of the Services chosen by the Business Partners will be considered as consent to such changes
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