TERMS AND CONDITIONS

BDPAY

Introduction

By using the bdPay service, the User ("you") agrees to be bound by and enter into a service agreement ("Agreement") and to comply with the bdPay Terms and Conditions of Use ("Terms & Conditions" or "T&C") as follows.

These T&C govern your use of and access to the services operated by PT Berkah Digital Pembayaran and/or its affiliates ("bdPay", "we", or "us") ("Services").

By clicking "Register" on the website www.bdpay.co.id and signing the Agreement, you represent that you have read, understood and agree to be bound by the T&C, including the privacy policy.

If you do not agree with (or cannot comply with) the Agreement, you must not use the Services, but please notify us by emailing cs@bdpay.co.id so we can try to find a solution. These terms apply to all visitors, users and others who wish to access or use the Services.

You acknowledge and agree that:

  • The Services are licensed, not sold to you, and are only to be used in accordance with the T&C and the Agreement;
  • When you first create an account to use the Services, we will request your email address to verify your account by sending a verification email. Use of the Services may be subject to separate third-party terms & conditions and fees, including but not limited to third-party service and data terms, which are your responsibility; and
  • The Services are provided "as is" without any warranties or liabilities from bdPay to you.

Definitions and Interpretation

In these T&C, unless the context otherwise requires, capitalized terms have the following meanings:

  • "API" or "Application Program Interface" means software that facilitates message exchange including Instructions, service-related documents, source code, and any materials for purposes related to the Services.
  • "Service Fees" means any fees charged by us to you in connection with the successful provision of the Services by us.
  • "Applicable Law" means laws, statutes, orders, regulations, rules, requirements, practices and guidance of any governmental, regulatory or other competent authority applicable to the Services in the jurisdiction where the Services are provided.
  • "Instructions" means orders or initiations, in electronic form from you to us to process Transactions.
  • "bdPay Dashboard" means the web-based platform provided and managed by us for your use in connection with the Services.
  • "Transaction" means a series of activities carried out based on Instructions by you to us in accordance with the use of the Services.

Use of the Services

Subject to the T&C and the Agreement, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services.

You must not: (i) copy, modify, or create derivative works of the Services (or any part thereof) for any purpose; (ii) distribute, publicly display, publicly perform, transfer, sell, sublicense, lend, lease or provide the Services (or any part thereof) to any third party; (iii) decompile, reverse-engineer, disassemble or otherwise attempt to circumvent or defeat the Services (or any part thereof), including but not limited to security mechanisms or access control; or (iv) use the Services (or any parts thereof) in any illegal manner, for illegal purposes, or in a manner outside the scope contemplated by these Terms.

We may change or discontinue the Services (or features of the Services) permanently or temporarily without prior notice. The Services may include advertising that may be targeted based on content or information on the Services, requests made via the Services, or other information. The type and level of advertising are subject to change. In consideration of providing you the Services, you agree that we and our third-party providers and partners may place advertising in or related to the display of content or information in the Services.

Certain features of the Services may be subject to additional terms and conditions that will be attached to those features. Those supplemental terms will be referenced in the Terms of Service.

When downloading applications, you may be required to engage with third-party providers. You are responsible for maintaining the security of any login, password, or other credentials you choose or are provided to access your account with Service Providers. Your access to and use of any account with Service Providers, including in relation to the Services, is subject to the terms, conditions, and policies, including privacy policies of those Providers. bdPay is not responsible for the acts or omissions of any Service Provider. bdPay does not provide equipment to you to access or use the Services. You are responsible for all third-party charges incurred to access and use the Services (for example, carrier charges). You are solely responsible for payment of all carrier-related fees associated with the use of the Services (such as call charges, data packages, SMS, MMS, roaming and other charges billed by carriers). Therefore, choose your carrier services carefully. If your device is lost or stolen, you must immediately notify bdPay to prevent fraudulent use.

Account Creation

To access and use the Services, you must register and create an account ("Account") on the bdPay Dashboard. By creating an Account, you represent that you have the legal capacity to form a binding contract and are not prohibited from receiving the Services under the laws of the Republic of Indonesia or any other applicable jurisdiction. When creating an Account, you may be required to provide an email address to verify the Account. You may also be required to provide certain personal information, including creating a username and password. We reserve the right to remove or refuse a username if, in our opinion, it is inappropriate (e.g., if the username suggests you are someone else).

You agree to provide and keep your Account information accurate, current, and complete, including your phone number and email address. If you change your phone number or email, you must update your Account information immediately. If you deactivate your phone number, you must update your Account to ensure messages are not sent to someone who acquires your old number.

When creating an Account, you must not:

  • Provide false personal information (including a false username) or create an Account for anyone other than yourself without permission;
  • Use a username that is the name of another person with the intent to impersonate them;
  • Use a username that is subject to another person's rights without proper authorization; or
  • Use or link financial instruments belonging to another person to the bdPay application.

We may suspend or terminate your Account if information provided during registration is found to be inaccurate, false or misleading. We may remove a username you created if it violates the Terms. You are responsible for maintaining the confidentiality of your password and Account, and you must notify us immediately at cs@bdpay.co.id if you believe your password has been lost or stolen or otherwise compromised. You are responsible for all activity on your Account. If you believe your Account is no longer secure, you must notify us immediately.

Services & Payment

Access to the Services or certain features may require payment to bdPay and possibly to other Service Providers. If you have questions about such payments, contact bdPay or the relevant Service Provider.

You represent and warrant that (i) you have the legal right to use any card or payment method in connection with any Purchase; and (ii) the information you provide to us is true, accurate and complete.

We may use third-party services to facilitate payments and settlement of Purchases. By submitting your information, you authorize us to provide that information to such third parties in accordance with our Privacy Policy.

We reserve the right to refuse or cancel your order for reasons including, but not limited to, product or service availability, errors in description or price, order errors, suspected fraud or illegal transactions. Users bear full responsibility for any bdPay services used.

Refunds

We will issue refunds for Contracts within 30 days from the initial purchase of the Contract.

Content

Content found on or through the Services is owned by BDPay or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use such Content, in whole or in part, for commercial purposes or for personal gain without our prior written consent.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

  • In any way that violates applicable national or international laws or regulations;
  • To exploit or harm minors in any way by exposing inappropriate content;
  • To send unsolicited promotional material, including spam;
  • To impersonate the Company, its employees, other users, or any other person or entity;
  • In any manner that infringes the rights of others or is unlawful, threatening, deceptive or harmful;
  • To engage in actions that limit or impede others' use or enjoyment of the Services;
  • To disable, burden, damage or impair the Services or interfere with others' use, including realtime features;
  • To use robots, spiders or other automated means to access the Services; or
  • To introduce malware, attempt unauthorized access, perform DDoS attacks, or otherwise disrupt the Services.

Analytics

We may use third-party Service Providers to monitor and analyze usage of our Services.

Age Restriction

The Services are intended only for individuals who are at least eighteen (18) years old. By accessing or using the Services, you represent and warrant that you are at least 18 years old and have the authority to enter into this Agreement. If you are under 18, you are prohibited from accessing and using the Services.

Intellectual Property Rights

The Services and all original content, features and functionality are and will remain the exclusive property of BDPay. None of our assets may be used in connection with any products or services without prior written consent from BDPay.

Copyright Policy

We do not permit copyright infringement or violation of intellectual property rights on the Services and will remove material if properly notified that it infringes. If you are a copyright owner or an agent thereof and believe your copyright has been infringed, you may submit a notice in writing containing:

  • A description of the copyrighted work claimed to be infringed;
  • Information to identify the material and where it is located (e.g., URL);
  • Your contact information including address, phone number and email;
  • A statement that the information is accurate and made in good faith, and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Bug Reports and Feedback

You may provide information and feedback regarding bugs, suggestions, ideas, issues, complaints and other matters related to our Services ("Feedback") directly to cs@bdpay.co.id or through third-party websites and tools. You acknowledge and agree that:

  • You will not retain or assert intellectual property rights or ownership in Feedback;
  • The Company may have similar development ideas independent of your Feedback;
  • Feedback does not contain confidential or proprietary information of you or any third party; and
  • The Company has no obligation of confidentiality regarding Feedback.

If transfer of ownership of Feedback is not possible due to applicable mandatory law, you grant the Company and its affiliates an exclusive, transferable, irrevocable, royalty-free, sublicensable, unrestricted, perpetual right to use and exploit the Feedback.

Links to Other Websites

Our Services may contain links to third-party websites or services that are not owned or controlled by BDPay. BDPay has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any entity/individual or their website.

For example, these Terms were created using PolicyMaker.io, a free web application.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED BY THE COMPANY "AS IS" AND "AS AVAILABLE". THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY WARRANTS THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DISCLAIMS ALL WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Limitation of Liability

EXCEPT AS PROHIBITED BY LAW, YOU WILL INDEMNIFY AND HOLD HARMLESS THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING ATTORNEY FEES AND ALL COSTS AND EXPENSES OF LITIGATION AND ARBITRATION) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. IF LIABILITY IS FOUND ON THE COMPANY'S PART, THE LIABILITY SHALL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND IN NO EVENT SHALL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES.

Termination

We may terminate or suspend your account and bar access to the Services immediately, without notice or liability, at our sole discretion, for any reason. If you wish to terminate your account, simply stop using the Services.

Provisions which by their nature should survive termination shall survive, including ownership, disclaimer of warranties, indemnities, and limitations of liability.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Indonesia, without regard to its conflict of law provisions. Failure to enforce any right or provision of the Terms will not constitute a waiver. If any provision is found to be invalid or unenforceable, the remaining provisions will remain in effect. These Terms constitute the entire agreement between us regarding the Services.

Changes to the Services and Terms

We reserve the right to withdraw or modify our Services and any materials provided through them at our discretion without notice. We may limit access to portions of the Services at our discretion.

We may change these Terms at any time by posting the revised Terms on this site. You are responsible for reviewing the Terms periodically. Continued use of the Services after changes are posted constitutes acceptance of those changes. If you do not agree to the revised Terms, you are no longer authorized to use the Services.

Severability and Waiver

No waiver by the Company of any term shall be deemed a further or continuing waiver. If any provision is held invalid, it shall be severed to the minimum extent necessary and the remaining Terms will remain in full force and effect.

Acknowledgement

BY USING THE SERVICES OR ANY OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.

Questions & Contact Information

This service is provided by PT Berkah Digital Pembayaran, located at Royal Square Lt 3A Jl Raya Menganti No. 479, Babatan, Wiyung, Surabaya 60227. If you have any questions about these Terms, please contact us by mail at the address above or by email at cs@bdpay.co.id.