TERMS AND CONDITIONS OF DANA USER
(Updated 5th June, 2024)
User must read these Terms and Conditions carefully and contact DANA if you have any questions.
These Terms and Conditions constitute your access to and use of DANA apps, website, content, features, and payment services provided by DANA. By accessing or using DANA, User agreed and bound by these Terms and Conditions (“Terms and Conditions”), and “Privacy Policy” which stated in different page.
I. DEFINITION
1) DANA Application is platform provided by PT Aliansi Teknologi Indonesia (ATI) whereby in DANA Application there are various services feature to support User’s activity, among others, DANA as payment system services.
2) DANA means payment services in the form of electronic money, electronic wallet, transfer, and other support services, mobile based which can be used through telecommunications device. DANA is established by PT Espay Debit Indonesia Koe (“EDIK”) as holder of authorized license as Payment System Provider Category I (One) which covering activity of Account Issuance Services (AIS) (including electronic money issuer), Payment Initiation and/or Acquiring Services (PIAS) (including electronic wallet provider, payment gateway provider, acquirer services) and remittance services as well as digital financial services from Bank Indonesia.
3) Escrow Account means collection account of fund on partner bank that cooperates and registered in DANA for utilization of DANA features.
4) DANA Account means all registered account in DANA by User to use any features in DANA.
5) Premium Account or DANA Premium Account means DANA Account owned by Verified User.
6) Auto Routing is a method used by DANA to recommend payment methods based on DANA's best payment options for User when making Transaction.
7) Bank means entity mobilizing funds from the public in the forms of Deposits and channeling them to the public in the forms of credit and/or other forms.
8) Family Account is feature where Verified DANA User (referred to as "Organizer") can create a group in DANA and invite a maximum of 5 (five) DANA Accounts (referred to as "Member") to join the group. Furthermore, Member in the group can carry out Send Money transactions to other DANA Account or to a bank account with prior approval from the Organizer.
9) Calendar Day is all day from Monday to Sunday, including national holiday in Gregorian calendar.
10) Working Days are days (other than Saturday or Sunday or national holidays) when banks are generally open in Indonesia for normal banking business transactions.
11) User or DANA User means every person who is registered as DANA Account and/or DANA Premium Account owner which also acts as the owner of DANA Balance as recorded in DANA.
12) Unverified User or Unverified DANA User means User which has not completed the verification process.
13) Verified User or Verified DANA User means User which has completed the verification process by uploading a selfie and a photo of ID Card.
14) DANA Balance means the amount of electronic money which are put and recorded in DANA. The amount stated as electronic money will be put in the Escrow Account and can be used by Users for any transaction using DANA.
15) Handphone Number means cellular phone number (handphone) or smartphone which are registered by Users to access DANA.
16) Telecommunication Device means handphone, cellular phone, or smartphone, personal computer in forms of tablet or any other telecommunication devices and using Android or IOS Operating System (OS) including other operating systems which may exist in the future and support DANA application.
17) SmartPay is a feature whereby DANA can recommend payment methods automatically to User according to preferences, the last method used, ongoing promotions, and new payment methods presented by DANA.
18) Mix Payment is a payment method that allows User to carry out Transaction with the remaining DANA balance and other payment methods saved by the User.
19) Merchant means any parties including institutions, companies or individuals performing transactions which payment are using DANA based on cooperation agreement with EDIK and/or DANA aggregator or any other terms of cooperation.
20) Transaction means all transactions which may be made by User through DANA, in Indonesia and/or abroad (as relevant), which have been made available through features in DANA application, as well as any transactions that will be made available in the future.
21) Agent means any third party whom cooperate with EDIK to provide certain services or functions which can be used through DANA.
22) Promotion or Promo is an offer of promotional benefits and/or incentives for using features and services on the DANA payment which has special terms and conditions for the offer of such promotional benefits and/or incentives. The determination of the type and terms of the Promotion is the absolute authority of EDIK. Information, terms and conditions related to each promotional and/or incentive program will be provided through media that can be easily accessed by Users.
EDIK has the right to terminate or cancel promotional and/or incentive programs if:
a. there is a cancellation there is a transaction made by the User
b. there is an act of abuse of promotion/promotion (abusive)
c. there are fraudulent acts against promotions/promotions (fraudulent) and/or
d. found other suspicious activity.
II. GENERAL CONDITIONS
1) DANA can only be used after the User agreed the Terms and Conditions and Privacy Policy on DANA application and activated or registered his/her Handphone Number and provided all required information.
2) Every Handphone Number can only be used for 1 (one) DANA account.
3) User can execute any Transaction if they have sufficient DANA Balance. The amount of DANA Balance is limited to:
a. Rp2.000.000 (two million rupiahs) for DANA Account owned by Unverified DANA User;
b. Rp20.000.000,- (twenty million rupiahs) for DANA Premium Account; or
c. Other amounts as determined from time to time in accordance with applicable laws and regulations.
4) Limit of incoming Transaction in 1 (one) DANA Account for 1 (one) calendar month is:
a. Rp20.000.000 (twenty million rupiahs) for DANA Account owned by Unverified DANA User; or
b. Rp40.000.000,- (twenty million rupiahs) for DANA Premium Account.
Incoming transaction including initial top up, incoming fund transfer and/or top up.
c. EDIK may suspend or reject a Transaction if the DANA security system considers that the Transaction made is unreasonable for security reasons. The status of the User's transaction will be informed directly to the User through the transaction page on the DANA Account.
III. DANA ACTIVATION
User may register DANA Account for the first time, by:
1) Downloading DANA Application on Telecommunication Device which are available on Google Play Store (for Android) and Apple App Store (for iOS) and installing DANA in the Telecommunication Device;
2) After installing DANA on the Telecommunication Device, the User can carry out the activation process by following the instructions and providing information, including:
i. Account Name;
ii. PIN (6 digits) which is determined by the User;
3) If User wants to upgrade DANA Account to Premium Account, User will be asked and prompted to upload a selfie and KTP on User’s DANA Account. Every registration request as Verified User will be considered as a legitimate request from User.
4) All information or data sent by User regarding the registration of Premium Account will be stored by EDIK in order to verify the request, and will be used for Face Verification authentication method which are regulated in Terms and Conditions IV number 3.
5) Approval and/or rejection of User verification request are considered as
the authority of EDIK subject to applicable laws and regulations.
EDIK may, delay, refuse or cancel the approval of the User's verification application if it is found that there are, among other things:
1. Misuse of User identity
2. Identity that is not in accordance with applicable laws and regulations.
User verification status and the need for other documents for verification purposes will be informed to the User through the DANA Account page.
6) User agree to guarantee the accuracy of all data and information submitted by Users regarding DANA activation and/or verification. User is fully responsible when the data and information submitted are found inaccurate, wrong, and/or fake in the future.
7) By activating a DANA account and/or verifying a DANA Premium Account, the User understands and agrees to give EDIK access to the name or contact phone number on the User's electronic device to be used in connection with activities on the DANA Application, namely the Feed feature, Send Money (Send Money), purchases pulses and other features.
IV. PIN, OTP, Push Verify, and DANA Viz (Face Verification), and Passkey
In terms of authentication and/or verification, DANA has 4 methods consisting of PIN, OTP, Push Verify, and DANA Viz (Face Verification), and Passkey.
1) PIN (Personal Identification Number)
i. PIN means personal identification number set by User, when User activates DANA application, to verify User’s identity in DANA security system.
ii. User will be asked to fill in PIN to verify payment and/or the use of certain features determined by EDIK, to ensure the validity or to verify that the Transaction is carried out by the User.
iii. Users shall keep the PIN confidential and shall be fully responsible for the security of PIN. Any losses arising from User’s failure/negligence maintaining the confidentiality of PIN will be user’s responsibility. Any verified PIN transmission from a User's DANA account will be considered a legitimate Transaction and/or activity from User and will therefore be binding and have a legal effect on User.
iv. Unless otherwise specified, PIN can be changed by other authentication methods provided by EDIK or by other parties who collaborate with EDIK which has been approved by EDIK.
v. User agrees to bear all the risks involved when disclosing PIN to any third party and will be fully responsible for any consequences arising from and related to it.
vi. EDIK does not know and will never ask User to disclose PIN to EDIK.
2) OTP (One Time Password)
i. OTP (One Time Password) is a passcode sent via Short Message Service (SMS) to User’s Handphone Number registered on DANA, which functions to verify certain Transaction or actions taken through DANA.
ii. User shall maintain the confidentiality of OTP and take full responsibility for personal data, information, as well as security and availability and control of Telecommunication Device and Handphone Number used to receive the OTP code. Any losses arising from the failure/negligence of User in maintaining the confidentiality and security of OTP is User’s full responsibility. Every OTP code that has been successfully verified from the DANA account will be considered as legitimate Transaction and/or activity from User, from and therefore will be binding and have legal consequences on the relevant User.
iii. User agree to bear all related risks when disclosing the OTP code to any third party and to be fully responsible for any consequences associated with it.
iv. EDIK does not know and will never ask User to disclose the OTP to EDIK.
3) Push Verify
i. Push Verify is an authentication and/or verification method provided by EDIK as a security feature that can be used by you as DANA User when logging in, account binding, and/or making payment on third party platform that corporate with EDIK.
ii. Push verify allows you to make a link (account binding) and/or payment on third party platform that cooperate with EDIK, where you will get a notification on your DANA to verify login request, account linking (account binding), and/or payment on third party platform that coorporate with EDIK to approve or reject the request.
iii. User is responsible for maintaining the access to the User's DANA account in the event of an unauthorized access process and/or unauthorized use of the Telecommunications Device by any third party.
iv. User must maintain the security of their DANA account, also the security and confidentiality of the account PIN and OTP of their DANA account. The official DANA never ask for User’s OTP and account PIN. Please do not share this data with any other party. User understands that User is fully responsible for any loss or damage arising from misuse of User's DANA account due to User's error and/or negligence. User will immediately notify EDIK if they know or think that the access to their DANA account has been lost or stolen or an unauthorized transaction has occurred through live chat DANA Digital Assistance (“DIANA”) or DANA call center 1500 445 or email help@dana.id.
4) DANA Viz (Face Verification)
i. DANA Viz is a face recognition authentication method provided by EDIK as a security feature that can be chosen by DANA User. DANA User will be asked to scan their face image in real time for verification purposes when using DANA. The availability of the Face Verification function will depend on the features and specifications of User’s Telecommunication Device.
ii. By activating DANA Viz, User who has registered as a Premium Account understands and agrees that the scanned face image of the User will be verified by the face photo that User has uploaded to the DANA when User want to register as a Premium Account, to identify the User. User represents and warrants that the User's face image registered on the Premium Account is the User's own face image.
iii. By activating DANA Viz, User who has not registered as a Premium Account understands and agrees that the facial image scanned when activating DANA Viz will be stored and used to identify the User as stipulated in Point (5) of the DANA Viz Terms and Conditions. User represents and warrants that the scanned user's face image is the User's own face image.
iv. By activating DANA Viz, User also understands and agrees to provide EDIK with access to the camera and/or gallery system (as relevant) installed on the User's Telecommunication Device, in order to be able to scan the User's face image and save it on the DANA with the aim of :
a) Identify and verify the User when the User registers on the DANA ;
b) Identify and verify the User when the User wants to access (log in) the DANA; and/or
c) Identify and verify the User when the User makes a Transaction using the DANA.
v. Every series of activation and/or use of authentication through DANA Viz made by the User will be considered by EDIK as a valid and binding instruction/request from the User, without EDIK needing to make further requests to obtain authority or identify the User. User understands and agrees that if necessary for security purposes, EDIK requires the User to authenticate a Transaction with the User's password and/or other forms of authentication even though the User has authenticated it through the DANA Viz.
vi. Approval and/or rejection of the DANA Viz activation request is the absolute authority of EDIK with due observance of the applicable laws and regulations. EDIK may withdraw the consent if an inappropriate identity is found or an indication of account misuse by the User is found.
vii. User can deactivate DANA Viz at any time through the "My Account" then "SmartPay" menu available in the DANA. User understands that the non-activation of the DANA Viz, EDIK may still, but is not obligated, require the User to first enter the password or OTP of the User's DANA account for the purposes of authorization and identification of the User.
viii. The User is responsible for maintaining access to the User's DANA account in the event of an unauthorized access process and/or unauthorized use of Telecommunication Equipment by any third party.
ix. Users are required to maintain the security of their DANA account, as well as the security and confidentiality of the PIN and OTP of their DANA account. DANA official parties never ask for OTP and PIN of User account. Please do not disclose this data to any party. User understands that User is fully responsible for any loss or damage arising from misuse of User's DANA account due to User's fault and/or negligence. The user will immediately notify EDIK if knows or thinks that access to user’s DANA account has been lost or stolen or an unauthorized transaction occurs through live chat DIANA or DANA 1500 445 call center or email help@dana.id.
5) Passkey
i. Passkey is an alternative security system with biometric and/or pattern-based authentication method provided by EDIK and allows User to easily and safely log in, account binding, reset PIN, and/or make payment using a security system available device locally or Telecommunication Device owned by User.
ii. User can activate Passkey at any time via “My Account” menu then “Security Settings” available on DANA Application.
iii. By understanding and agreeing to use Passkey, User agree to be able to use the facial, fingerprint, or pattern verification method that has been registered and will be synchronized to a Google account (for Android operating system user) or iCloud account (for iOS operating system user) on User’s Telecommunication Device. All biometric data and pattern belonging to User contained User’s Telecommunication Device belong to User and EDIK does not have access to or process biometric data or pattern associated with User’s Telecommunication Device.
iv. In the case of User who has agreed to activate Passkey, DANA will forward User’s verification activation request to Telecommunication Device and Telecommunication Device will process the verification by matching the biometric information or key pattern owned by User. If the information verified by User is correct, DANA will send a verification code in the form of DANA account PIN to User. User must be ensured to have biometric or pattern that match the biometric registered on the User's Telecommunication Device.
v. User is fully responsible and obliged to maintain the security, availability, control, and confidentiality (including but not limited to password or pattern) registered in their Telecommunication Device used for Passkey. Losses arising from User’s failure/negligence in maintaining confidentiality and security in using Passkey resulting in misuse of User’s Telecommunication Device associated with Passkey by other unauthorized party, is User’s full responsibility.
vi. In the event that User’s Telecommunication Device is lost, User's data remain safe and Passkey will always be there when User replaces the Telecommunication Device because it will always be synchronized with User’s iCloud or Android account.
vii. User can deactivate Passkey at any time via “My Account” menu then “Security Settings” available on DANA Application. User understands that by deactivating Passkey, EDIK may still, but is not obliged to, require User to first enter the password or OTP of User’s DANA Account for User authorization and identification purposes.
viii. User is responsible for maintaining access to User’s DANA Account in the event of an unauthorized access process and/or unauthorized use of Telecommunication Device by any third party.
V. TOP UP TRANSACTION
Top up transaction means an electronic money top up of DANA Balance.
1. There are several top up methods:
1. Automatic Teller Machine (ATM);
2. Direct Debit Feature;
3. Internet Banking;
4. SMS Banking; and
5. Agent.
6. QRIS TUNTAS
Top up guidance of above-mentioned methods may be accessed by clicking the “Top Up” menu in DANA.
2. EDIK does not record information used by User in top up transactions regarding passwords or tokens or other security codes, either temporary or permanent into DANA system. The transaction validation process through Bank or third party will be directly carried out by the Bank or the relevant transaction operator.
3. Top up transaction process through Bank using the methods above, will be taken over by and processed through the banking system. DANA will only forward the status of “Successful” or “Failed” Transaction from the Bank.
4. In the event the top up transaction is declared “Successful” then the User’s balance in the related Bank account will be automatically deducted whereas DANA Balance will be added according to the appropriate amount. If DANA Balance has not properly added, User may contact DANA through Customer Care.
5. In the SMS Banking method, telecommunications operator will charge token delivery cost via SMS, which cost is determined directly by the telecommunications operator and borne by User.
6. User understands that top up transactions through third party channels may experience system and/or network disruptions from time to time, which will be third parties’ responsibilities. Therefore, EDIK is not responsible for such disruptions, however EDIK will make reasonable efforts to resolve the disruption with third party channels.
7. In the event of top up transactions through direct debit feature from User’s source of funds managed by third parties, EDIK will forward the instructions given by User regarding such direct debit activity to the relevant third party.
8. Information filled by User on direct debit feature may be saved in User’s DANA account, whereas there may be risks in User’s DANA account which affect direct debit feature. To avoid any doubts, risks arising from User negligence and/or other factors not caused by EDIK, is not the responsibility of EDIK.
9. Fees charged to DANA User are switching fees subjected to applicable service fees. EDIK will inform the applicable service fees from time to time.
For the time being or during the promotion period, EDIK may provide free administration fees quota to User. Information of free administration fees quota can be seen on DANA when User do such Transaction (as relevant). EDIK has the right at any time to change the form and period of promotion by giving notice through the media determined by EDIK.
10. For EDIK top up Transacation via virtual account channel with amount below Rp.50.000, EDIK will impose a fee towards the User in amount of Rp.500 that will be deducted from User’s DANA Balance. This policy is subject to change and the changes will be notified by EDIK to users through special terms and condition for free or media designated by EDIK.
11. Users will have free top up quota promo that will be informed by EDIK towards the User through media designated by EDIK to conduct free top up transaction through EDIK top up agent (Alfamart, Alfamidi, Lawson, DanDan, Pegadaian dan Pos Indonesia). If the User already exceed the promo quota, User agree and understands that top up transaction (on every available denomination) will be charged directly from Users DANA balance. This policy is subject to change and the changes will be notified by EDIK to users through media designated by EDIK.
12. In top up and cashout transaction thorugh PT Klik Indomaret Sukses (Indomaret franchise group), User agree and understand that when User conduct transaction, in printing transaction invoice it will stated service user name for Premium DANA’s Account owner and will only state DANA’s account phone number for Unverified Uuser.
13. In regards of Transaction (top up and send money) through PT Klik Indomaret Sukses (Indomaret franchise group), User agree and understand to maintain the security and confidentiality of the token provided for transaction process (including top up and send money) are the responsibility of the User whereas the tokens are utilized by User for Transaction. DANA cannot be held responsible for any loss that arise from the leakage of token information by User towards any unotharized party. User understand and agree that said token have active time period as stated in DANA Application and will be inactive after the time period, that User will have to request new token.
14. User understand and agree that all User’s complain that emerges from Transaction (including top up and send money) towards PT Klik Indomaret Sukses (Indomaret franchise group) can be delievered through live chat DIANA in DANA.
15. By using DANA, the User agrees and understands that for EDIK top up transactions through virtual account channels where the source of funds involves the process of converting the relevant country's currency into Rupiah in the relevant virtual account according to the exchange rate processed by the virtual account issuing bank related at that time, the User understands and agrees that the value of the DANA Balance top up Transaction will be rounded down to IDR 1 if the results of the conversion of the relevant country's currency into Rupiah are known to contain a nominal cent.
VI. DANA FEATURES
DANA User may do various Transaction through features available on DANA Application.
1. DANA BALANCE
i. There is no interest towards DANA Balance, whereas User will not receive interest in any form. DANA Balance are not categorized as saving as referred to Laws on Banking and Laws on Sharia Banking and shall not be guaranteed by Deposit Insurance Institution as regulated by Laws on Deposit Insurance Institution.
ii. User may check DANA Balance through DANA or through other means including facilities provided by third parties that are connected with DANA.
iii. DANA Balance can only be used for Transaction through DANA Application. EDIK will not use DANA Balance for any activities outside DANA’s obligation to Merchant and User.
iv. DANA Balance may be used or transacted until zero balance.
2. CASH OUT
i. Cash Out means DANA Balance withdrawal feature through Bank account registered in DANA or through other parties (DANA’s Cash Out agent) who cooperates with DANA or through Automated Teller Machine (ATM) or other media that will be be notified by EDIK from time to time.
ii. The amount of withdrawal balance by DANA User are subject to one-time withdrawal limitation, which stated in DANA.
iii. User may conduct Cash Out utilizing QRIS TUNTAS feature that are available in DANA through agent, whereas any fees that will be imposed towards the User will informed through media designated by DANA and through DANA.
iv. Fees applied regarding to Cash Out will be charged to User and will be deducted from DANA Balance when the withdrawal is being processed. The applicable fees will be informed to User on the transaction confirmation page including service fee subsidies in accordance with the applicable promotions provided by EDIK to User. DANA user who continues the Cash Out transaction process after validating the amount entered along with the applicable fees on the transaction confirmation page, User has understood and agreed to the nominal amount of money entered, recipient information and fees charged to the DANA User. User is responsible for the nominal amount of money and beneficiary information (as relevant) entered by the User in the DANA.
v. Specifically for Cash Out through DANA Cash Out agents, Users will have a promo quota free of Cash Out fees which will be informed by EDIK to Users through media designated by EDIK which will be renewed monthly through EDIK Cash Out agents or other media as relevant. If the User has exceeded the related promo limit, the User agrees and understands that Cash Out transactions through EDIK agents after the quota has been used up in the relevant month (for each choice of denomination), then the User will be charged a fee which will be deducted from the User's DANA Balance in the amount of IDR 3,000 for each transaction. This fee imposition policy and the amount of fees may change from time to time and EDIK will notify the changes to DANA Users from time to time through the media appointed by EDIK.
vi. DANA users will have a promo quota exempt from Cash Out fees which will be informed by EDIK to Users through media appointed by EDIK which will be updated every month or other media as relevant. If the User has exceeded the relevant promo limit, the DANA User agrees and understands that Cash Out transactions via a Bank account after the quota has been used up in the relevant month, the DANA User will be charged a fee which will be deducted from the DANA User's DANA Balance in the amount of IDR 2,500 for each transaction which goes through BI-FAST, for Cash Out that does not go through BI-FAST the fees that will be charged will be notified via the DANA. This fee charging policy and the amount of fees may change from time to time and EDIK will notify DANA Users of the changes from time to time via media appointed by EDIK.
vii. User is fully responsible for any negligence made by User regarding Bank information inserted by User. User is also fully responsible if the withdrawal of the DANA Balance made by User to a savings account at a Bank that is not in the name of the intended receiver by DANA User as the recipient. All legal consequences arising from the Cash Out transaction of the DANA Balance made by the User are the full responsibility of the User.
viii. Users understand that problems or system failures may occur on the part of the Bank and/or Agents and/or other third parties who work with EDIK to carry out the top-up, cash out and/or transfer processes, so that no can process related transactions, even though EDIK has succeeded in sending transfer instructions to the Bank and/or Agent and/or other third party that cooperates with the EDIK concerned, where this is the responsibility of the bank, Agent and/or third party and is in beyond the control of EDIK.
ix. Cash Out feature can only be accessed and used by Premium Account according to this Terms and Conditions.
3. SEND MONEY
i. Send Money means DANA feature which User may transfer an amount or all of available DANA Balance and/or balance in saved card in DANA, to other DANA User or non-DANA User through Bank account, and/or chat/messaging and/or through group send money. This feature also enable the User to send a sum of cash to other DANA User or non-DANA User through an agent in collaboration with EDIK (Send to Cashier), by first the sender input the recipient’s identity information (including but not limited to the recipient's handphone number, name in accordance with the identity card, and the recipient's date of birth) as well as the nominal money to be sent to the recipient via DANA. ii. User may conduct Send Money to other DANA user or non-DANA user through Cash Code feature by providing handphone number of the receiver and the nominal amount of money that will be sent, then sending User can share link as well as passcode that is provided to the receiving User. Through this link, receiving User can enter the handphone number of the receiving User and the passcode received from the sending User. After verification by DANA system, receiving User can choose the destination for the money sent to a DANA account, or a Bank account of user’s choice or through cash withdrawal via ATM. iii. Receiving User that receives passcode from sending User shall be fully responsible for the passcode and link and must not misuse it and cause losses to other parties. In the event there is a loss experienced by the sending User, DANA or other final receiving Users due to the misuse of the passcode, link and/or this feature, then the receiving User shall be fully responsible for the loss. iv. User may conduct Send Money to other electronic money platform utilizing QRIS TUNTAS feature that are available in DANA, whereas the fee that will be imposed towards the User will be informed towards media designated by DANA and through DANA. v. User will be prompted to choose available send money methods, then fill in recipient Handphone Number registered as DANA User or Bank account numbers, amount to be sent and notes (if any). vi. By using Send Money feature, User also understands and agrees to provide EDIK’s access to the name or phonebook on the User’s Telecommunication Device, to be able to send money to other DANA User. vii. The User is responsible for ensuring that all information entered by the User is true and accurate. All legal consequences caused by the User's error in entering the destination telephone number information and/or the nominal input error and/or recipient's identity (in Send to Cashier) which will be sent are entirely the responsibility of the User, and EDIK has no responsibility in any form. viii. The User also fully agrees and understands to be responsible for the confidentiality and correctness of the recipient data information entered by the User in the DANA for the Send to Cashier feature. All legal consequences caused by the User's error in entering the recipient's information and/or the recipient's claim are entirely the responsibility of the User, and EDIK has no responsibility in any form. The User agrees and understands that the information entered by the User will be fully the property of EDIK in accordance with EDIK's Privacy Policy. ix. The send money feature on DANA Balance and the Send to Cashier feature can only be accessed and used by Premium Accounts in accordance with these Terms and Conditions. x. DANA users will have a promo quota exempt from Send Money fees which will be informed by EDIK to Users through media appointed by EDIK which will be updated every month or other media as relevant. If the User has exceeded the relevant promo limit, the DANA User agrees and understands that Send Money transactions via a Bank account after the quota has been used up in the relevant month, the DANA User will be charged a fee which will be deducted from the DANA User's DANA Balance in the amount of IDR 2,500 for each transaction. which goes through BI-FAST, for Send Money that does not go through BI-FAST the fees that will be charged will be notified via the DANA. This fee charging policy and the amount of fees may change from time to time and EDIK will notify DANA Users of the changes from time to time via media appointed by EDIK. As long as EDIK has succeeded in forwarding instructions from the User to the Bank and/or agent and/or other parties concerned, in the event of a problem/interference on the Bank and/or Agent and/or switching outside the control of EDIK, so that it cannot process balance withdrawal transactions. or there is a delay, then it is entirely the responsibility of the User and/or Bank and/or switching and/or agent. This also applies in the event that the DANA User uses the cashout feature for bill payment purposes where the risk of late bill payment is known and borne by the DANA User as the sender and/or destination bank as long as EDIK has successfully sent transfer instructions to the destination Bank and/or or Agent. However, if we receive a complaint from a User regarding the matter, then we may, at our discretion, forward the User's complaint to the said Bank partner/switching/EDIK agent or to the relevant third party for follow-up. xii. In the event that the withdrawal of the DANA balance is intended to be received in physical cash directly by the User, the User is responsible for maintaining the security and confidentiality of every detail of the cash withdrawal information, including but not limited to any verification codes that may be required for cash withdrawals. xiii. In send money feature, EDIK have the rights to charge administration fee towards the beneficiary that the sum will be detailed by EDIK time to time in DANA. Therefore, administration fee can be administered by EDIK towards beneficiary for send money transaction and the amount will be notified by EDIK through DANA application. xiv. Users will have promotional quota free from transaction fees when receiving DANA balance from other DANA Users. If the User has exceeded the relevant promo quota, User agrees and understands that the next receiving money transaction in the relevant month will be subject to transaction fee that will be deducted directly from User’s DANA balance as the receiver. This policy and promo quota is subject to change and the changes will be notified by EDIK to users through media designated by EDIK. xv. Amount of transaction fee that will be charged by EDIK towards the Users as the receiver of the money may change where the changes will be notified by EDIK to Users through media designated by EDIK.
4. REQUEST MONEY
i. Request Money is a DANA feature where Users can request a nominal amount of money to other DANA Users by scanning a QR, sending a QR or by sending a request link for the requested nominal amount via chat/messaging media. Furthermore, the sender can send the nominal money in the form of a DANA Balance or the recipient's bank account according to the request of the User as the beneficiary who submitted the request.
ii. User error in inputting nominal in the Request for Money feature is not the responsibility of EDIK.
5. INTERNATIONAL TRANSFER or REMITTANCE
Inward Remittance
1) These Terms and Conditions apply to regulate the use of the money transfer service which is currently devoted to sending money from outside the territory of Indonesia to the User's DANA Premium Account where the money will be received User's DANA Balance or receiver bank account (as relevant) in the territory of Indonesia provided by DANA or EDIK for Premium DANA User (“Inward Remittance”). By continuing or using this feature on the DANA Application, you as a User agree or are deemed to agree to the Terms and Conditions for using the Inward Remittance feature.
2) In implementing the Inward Remittance feature, DANA cooperates with money transfer agents, the third parties who are entities outside or inside the territory of Indonesia to provide Inward Remittance feature and are fund transfer providers who have obtained permission to transfer money from local state authorities.
3) User understands that the purpose of the Inward Remittance feature is to make it easier for User to receive money sent from family and/or colleagues who are abroad (Sender). Sender can visit outlets/stores from overseas money transfer agent to be able to send money to User's DANA Premium Account by simply submitting User's identity, mobile number registered by User in the DANA, and nominal amount of money to be sent to User.
4) User understands and agrees that DANA cooperates with money transfer agent that money transfer orders will be assisted by overseas money transfer agent caused User is fully responsible for any errors or delays in processing money transfers if the error is not caused by the system that DANA manages.
5) User understands and agrees that the Sender or money transfer agent is responsible for ensuring that all information entered by the Sender or overseas money transfer agent is true and accurate. All legal consequences caused by errors of Sender or money transfer agent in entering User identity information, the mobile number registered by the User in the DANA, and the nominal amount of money to be sent to the User which will be sent is wholly the responsibility of Sender.
6) User understands and agrees that by using the Inward Remittance feature, then there is inward limitation provision of inward remittance to DANA Balance which will subject to money limitation provision from related regulators, including but not limited to electronic money limitation provision in Indonesia country, as updated from time to time. In the case of Users have exceeded such limitation provision, then agent will inform the Users that Users cannot proceed their Inward Remittance transaction.
7) Users fully agree and understand that Sender is responsible for the confidentiality and correctness of User data information submitted to the money transfer agent. All legal consequences caused by Sender's mistake in entering the recipient's information and/or the recipient's claims are entirely the responsibility of the Sender. User agrees and understands that the information entered by Sender will fully belong to EDIK according to EDIK's Privacy Policy.
8) User understands and agrees that by using the the Inward Remittance feature, the money transfer agent may charge a processing fee and/or platform service fee to the Sender in the amount that will be notified by the money transfer agent to the Sender before carrying out the overseas transfer money.
9) User understands and agrees that by using the the Inward Remittance feature, it is possible for significant changes in foreign currency exchange rates to occur which is converted by money transfer agent. The foreign currency exchange rate used by the money transfer agent is the foreign currency exchange rate when the money transfer order is made by the money transfer agent. User understands and agrees that the value of money transfer by money transfer agent and/or EDIK may be round up Rp1 if the related foreign currency exchange conversion results does have cents/pence. Then, the Users will obtain the rounded money transfer amount.
6. SAVE CARD
i. Save Card is a DANA feature where Users can save information related to debit cards and/or credit cards issued by banks that cooperate with EDIK into the User's account, which can be used to make transactions.
ii. To store the card, the User must enter the debit and/or credit card number information, the expiration date of the card, along with a 3 (three) digit CVV number. DANA users are fully responsible for the correctness of the card information provided to EDIK. By using the save card feature, the User guarantees and is responsible that the User is the rightful owner of the debit card and/or credit card whose information has been stored in the Save Card feature by the User and/or the User has obtained approval, power of attorney, authorization, and/or the authority of the rightful owner of the debit card and/or credit card whose information has been stored in the Save Card feature by the User.
iii. The user will be asked to enter an OTP, in the DANA, which will be sent directly by the user's debit/credit card issuing bank to the user's phone number registered with the bank that issued the debit/credit card on the verification page in the DANA application.
iv. The OTP code is confidential so the User must not disclose it to any party. With respect to the OTP, the User is subject to the terms and conditions applicable to the debit/credit card issuing bank whose information is stored in the Save Card feature by the User. EDIK is not responsible for any consequences of the User's carelessness in maintaining the Mobile Number (Handphone) it has including but not limited to events including loss, damage, misuse by irresponsible parties or forgery. The User is fully responsible for and free EDIK from all consequences and risks arising in connection with the User's negligence in maintaining the confidentiality of the User's information and/or OTP code.
v. For card verification purposes, the User will be charged a temporary fee of IDR 10,000 (ten thousand rupiah) which will be immediately returned to the User after the card storage process in the DANA Account has been successful.
vi. Within 14 (fourteen) Business Days at the latest, EDIK will carry out a verification process for the card information provided by the user, once verified, the fee will be returned to the User.
vii. The CVV code on the user's debit and/or credit card is confidential and in accordance with applicable regulations, EDIK itself does not store the User's CVV code.
viii. The types of Transaction that can be made using a debit card as a source of funds are payments through QRIS merchant or online merchant, top up, and sending money/fund transfers, meanwhile, the types of Transaction that can be made using a credit card are payments to QRIS merchant or online merchant.
7. MANAGE BILLS
i. Manage bills is a feature of DANA that allows Users to manage their bills where DANA will provide reminder notifications for bill payments.
ii. Users can set reminders for billing services with parties who have collaborated with EDIK as listed in the DANA.
iii. User can set billing date which can be changed at any time by User.
iv. DANA will not provide a reminder if the User has already paid the bill.
v. Users can check the details of successful payments for their bills on the history page of the DANA.
vi. EDIK may provide other billing management features, namely subscription features for billing based on User approval. The User must comply with the terms and conditions as well as the subscription feature activation flow, if the User wants to activate the feature.
8. PURCHASE PHONE CREDIT AND BILLING
i. Top-up purchases of telecommunication operators or other operators can be made through the DANA Application with available denominations or according to the instructions displayed in the DANA Application.
ii. Payment of postpaid bills or monthly routine bills such as electricity bills, water bills, internet subscription bills, Telkom bills, and other routine bills can be done through the DANA.
iii. EDIK is not responsible for losses due to User error/negligence in inputting detailed information, nominal and payment data.
9. REFERRAL CODE
i. Invite friends or Referral Code is a feature where the User can provide references to other prospective users or User relations to register the DANA by sharing a referral link.
ii. The invite friends feature from DANA is a form of promotion provided with policies that vary from time to time. Users understand that each promotional activity has terms and conditions apply.
iii. Users can access rewards from each referral code that is successfully used by a friend of a User in the form of vouchers, cashback or other forms of gifts given by EDIK to Users in accordance with the applicable promotional policies.
iv. Users can use these rewards at Merchant determined by EDIK in accordance with the promotion policy in effect at that time.
v. EDIK has the right, without prior notification, to take the necessary actions, including stopping, canceling the promotional program, canceling the promo, if it is suspected that there is an act of fraud or misuse of the promotion from the User.
vi. EDIK has the right to ask for ID cards and photos, from time to time if necessary, for the verification process against Users.
10. PROMO QUEST
i. Promo quest (Promo Quest) is one of the application features where the User is required to complete several tasks, and/or various game scenarios, determined by EDIK, to get various promotions from DANA.
ii. Tasks or game scenarios in the promo search feature from DANA are a form of promotion given with policies that vary from time to time. Users understand that each promotional activity has terms and conditions apply.
iii. Users can use the promotion at DANA Merchant partners throughout Indonesia or at other partners appointed by EDIK in accordance with the promotion policy in effect at that time.
iv. EDIK has the right, without prior notification, to take the necessary actions, including stopping, canceling the promotional program, canceling the promo if it is suspected that there is an act of fraud or abuse from the User for the use of the Promo Quest feature.
11. LOYALTY
i. Loyalty is a feature of the DANA Application that is based on the collaboration between EDIK and Merchant in the form of a loyalty card where the User gets loyalty points for every payment through DANA made at the Merchant.
ii. Users must activate the loyalty card available on the "Loyalty Card" menu to get points and/or benefits/benefits offered by each Merchant to Users.
iii. Users can exchange loyalty points for discount vouchers that can be used for Transactions at Merchants who cooperate with EDIK in this loyalty program.
iv. Users will get 1 (one) Loyalty Point for each Transaction according to the minimum spending conditions set by EDIK which may change from time to time and will be notified to the User. EDIK has full discretion and authority to determine the terms and conditions regarding the minimum Transaction value which is a condition for obtaining Loyalty Points and the number of Loyalty Points that can be obtained from the minimum Transaction.
v. Users must use DANA as a payment method to earn loyalty points on every Transaction at Merchant.
vi. The number of loyalty points that a User earns varies based on the Merchant chosen by the User.
vii. Loyalty points have a validity period where if the validity period has expired, the remaining loyalty points will be returned to 0 (zero) points.
viii. EDIK has the right, without prior notification, to take actions that are deemed necessary, including stopping, canceling the promotional program, canceling the promo, to Users who are suspected of abuse in getting promos in this program.
12. DANA PAYLATER
i. DANA Paylater is a feature of the DANA Application in the context of providing financing for product purchases with payment in installments for Users, which is held in collaboration with partners appointed by EDIK.
ii. The Paylater DANA feature can only be accessed and used by Premium Account Users.
iii. Users are required to complete all necessary information such as personal data, family data, and information related to the User's work.
iv. After receiving User data, EDIK partners will carry out verification, namely carrying out credit scoring and/or risk profiling.
v. Based on the verification results, the EDIK partner will make a decision to approve or reject the Paylater DANA application by the User.
vi. EDIK and/or EDIK partners have the right to reject the User for the application for the Paylater DANA facility based on the results of the assessment of the User's profile if it is found that there is an inappropriate User identity and the results of the user profile assessment are not in accordance with the provisions of EDIK, the legal provisions and the prevailing laws and regulations.
vii. Users can make purchase transactions for products offered by EDIK, except for products that do not have a license to be traded in accordance with statutory provisions and/or which are not allowed in accordance with the provisions contained in these Terms and Conditions.
viii. Users understand that EDIK partners have the right to charge installation fees for DANA Paylater Users.
ix. Users must first understand and agree to all the terms and conditions of the credit facilities offered in the Paylater DANA feature before applying for Paylater DANA registration.
13. DANA BUSINESS ACCOUNT
i. DANA Business Account is a feature to help Users fulfill their business/individual business payment needs. DANA Business Account provides payment via a link, a balance withdrawal feature, and a feature to view Transactions and payment status.
ii. Verified DANA users can activate a DANA Business Account by filling in complete and detailed business/business profile information according to the form available in the DANA Application.
iii. By applying for the activation of the DANA Business Account, the User acknowledges and agrees to and is subject to the Terms and Conditions of the DANA Business Account.
14. SHOPPING AT MERCHANT OR PURCHASE OF GOODS/SERVICES
i. Users can make payment transactions for purchases at Merchant or purchase goods/services using the DANA including other means belonging to third parties connected to DANA services.
ii. In payment transactions for purchases at Merchant or purchasing goods/services or purchasing goods/services using the DANA, the User will also be subject to the terms and conditions of purchase imposed on/by the Merchant and/or the provider of the said goods/services.
iii. In payment transactions for purchases at Merchant or purchasing goods/services or purchasing goods/services using the DANA application where the User's DANA balance is either sufficient or insufficient, the User can activate the SmartPay feature for other payment methods available on the DANA to process payments for purchases at Merchant or purchasing goods/services contained in the DANA application.
iv. By activating the SmartPay feature, the User understands and agrees that DANA can provide the best recommendations regarding payment methods that will be used for processing payments for purchases at Merchant or purchases of goods/services contained in the DANA where the SmartPay feature will be used automatically for process payments for purchases at Merchant or purchases of goods/services in the DANA application.
v. All forms of promotion at DANA Merchant are subject to the respective terms and conditions of the applicable promotion as well as a certain promotional period. The form, terms and conditions, as well as the promotion period are the absolute authority of EDIK.
vi. Users can do Transaction for purchases through QRIS merchant or online merchant for service/goods purchase through DANA with source of fund from credit/debit card.
vii. In payment Transaction for purchases through QRIS merchant, the refund request by User through QRIS merchant will be return towards the User proportionally. Proportional refund process will also apply to Transaction with promo or protection feature (as relevant) such as adds on.
viii. In partial refund, User’s understands and agree that Transaction processing fee, platform fee and/or promo (includes protection feature such as adds on, as relevant) will not be included in total amount of refunded Transaction amount.
ix. In Transaction cancellation that leads to full refund, User’s understands and agree that processing fee, platform fee will be included in total amount of Transaction refunded. The usage of protection feature such as adds on (as relevant) will not be included in total amount of Transaction money refunded.
x. Users can do Transaction for purchases at merchants outside the territory of Indonesia or purchase goods/services using the DANA. The User understands and is responsible for the purchase of goods and/or services by the User at merchants outside the territory of Indonesia using DANA, including for claims, losses, damages, liabilities or disputes related to Transactions.
xi. By conducting Transaction outside the territory of Indonesia using DANA, the User is responsible for the payment of the Transaction made and is bound by the terms agreed with merchants outside the territory of Indonesia, and the User has understood and agreed that Transaction information will be stored and used for the purposes of processing DANA transactions in the country where the Transaction is made.
xii. By using DANA, User agrees and understands that the payment and/or transactions at merchants/partners outside the territory of Indonesia which can accept DANA, will be processed by converting the relevant currency into Rupiah based on the exchange rate stated on DANA at that time. The user understands and agrees that the value of the payment and/or purchase transaction will be rounded up if the results of the conversion of the relevant country's currency into Rupiah are found to contain a nominal cent.
xiii. In the event of a request for a Transaction refund (refund) by the User for the Transaction made by the User at a merchant outside the territory of Indonesia, the User understands and agrees that:
a. Refunds will be returned to the User in the form of Rupiah currency with the transaction value in accordance with the transaction value when the User makes the relevant transaction at the merchant of the relevant country;
b. Refund terms and conditions for converting Rupiah to foreign currencies of the relevant country will be carried out by partners who have partnership with DANA;
c. In event of refund, User’s understands and agree that processing fee, platform fee will not be included in total amount of Transaction refunded.
d. Refund requests can only be made by the User through the official DANA Customer Service channel, namely via live chat DIANA or via email to help@dana.id.
15. FEED
i. Feed is a feature that can be used by Users to share activities in the DANA Application and other information with fellow DANA Users. By activating the Feed feature, Users automatically follow and share activities with other DANA Users on the Feed page.
ii. Users may at any time disable activity sharing with other DANA Users through the profile settings page.
iii. By using the Feed feature on the DANA Application, the User understands and agrees to provide access (i) to EDIK to the contact phone number on the User's electronic device for use in connection with activities on the Feed feature and (iii) share activities in the DANA Application. Users also understand and agree to disclose their personal information and other information related to transactions through the DANA to fellow DANA Users, including but not limited to profile picture, name and transaction records, depending on the preferences shared.
iv. The user understands all the consequences arising from the activation of the Feed feature and is responsible for using the Feed feature in accordance with these Terms and Conditions, and agrees not to abuse the Feed feature for purposes that can harm EDIK and/or other DANA users and misuse it which can cause a violation of provisions of laws and regulations as well as the rights of other parties based on the provisions of laws and regulations. EDIK has the authority at its sole discretion to remove or hide comments and/or posts on Feed features that are deemed inappropriate.
16. FAMILY ACCOUNT
i. Family Account is a feature where Verified DANA Users as Organizers can create groups in DANA and invite a maximum of 5 (five) DANA Accounts as Members to join the group. Furthermore, members in the group can carry out transactions to send money to other DANA accounts or to bank accounts with prior approval from the Organizer.
ii. The Family Account feature can be used by all DANA Users, both DANA Users who have a family relationship or non-family (do not have a family relationship).
iii. The benefits of the Family Account feature are (i) to help relatives who are not yet old enough to have an ID card so they can carry out transactions easily via DANA but can still be monitored and supervised by the Organizer, (ii) to help relatives who are not yet old enough to have an ID card. age to be disciplined in learning to be responsible and transacting their money, and (iii) on the DANA side, they can easily monitor the flow of money transactions carried out by their users through DANA.
iv. Verified DANA Users can activate and create a group in the Family Account feature to become an Organizer by filling in the relationship and Address information for each prospective Member and the Organizer needs to read and fill in the Statement for each Member. The Organizer is fully responsible for the Statements of each prospective Member and if any Statements are made incorrectly or there is misuse of this feature for the benefit of unauthorized parties, the Organizer will be fully responsible to EDIK.
v. By applying for activation and creating a Family Account, there are risk arising, namely:
a. User who is registered as Member can not use DANA Balance when making transaction via Family Account feature;
b. Organizer is required to enter his/her DANA Account PIN that Organizer can carry out transaction as desired by Member in order to be successful;
c. User is required to wait for Organizer’s approval to carry out fund transfer transaction;
d. User who is registered as Member or Orgaizer will not be able to register themselves as member of another Family Account group or create another Family Account group;
e. Organizer can not create Family Account as long as they have not identified and verified its identity via DANA Application; and
f. In the event that Organizer or Member has decided to leave Family Account, Organizer or Member can create a new Family Account or join Family Account after a period of 30 working days after not being an Organizer or Member of Family Account.
vi. For the use of Family Account feature, User, whether as an Organizer or Member, will not be charged by EDIK either when creating Family Account or becoming a member of Family Account (except for fund transfer transaction which will be subject to the provisions of the fund transfer fe and promotion policy in DANA Application.). If EDIK imposes fees on User in the future, EDIK will notify User via existing communication media.
vii. Creation and closing of Family Account
a. Verified DANA User can create a Family Account. If an Unverified User wants to create a Family Account, they are required to upgrade to DANA Premium Account first.
b. Every 1 (one) Verified DANA User / Organizer can only create and join 1 (one) Family Account.
c. Organizer cannot use Family Account as a payment method.
d. Only Organizer can invite Member to Family Account through contact selection. Member cannot make invitation request to Organizer.
e. The maximum number of members who can join Family Account is 5 (five) members, excluding Organizer.
f. If:
· Prospective Member who is invited is DANA User, then such prospective Member will receive a push notification and invitation inbox on DANA Application.
· Prospective Member who is invited is not DANA User, then such prospective Member will receive an SMS advising such person to download and create DANA Account on DANA Application.
g. Organizer is then required to fill in the “Relationship” and “Address” information for each prospective Member and Organizer needs to read and fill in the Statement for each prospective Member. Organizer is fully responsible for the Statement of each prospective Member and if any Statement is made incorrectly by Organizer or Organizer misuses this feature for the benefit of an unauthorized party, then Organizer will be fully responsible to EDIK.
h. Organizer can at any time remove Member from Family Account or delete/dissolve Family Account on Organizer’s DANA Application.
i. EDIK has the right at any time to ask Organizer to provide supporting data and/or all related information as relevant for (i) Member verification purpose regarding the use of Family Account feature and/or (ii) fulfilling obligations to regulators or competent government authorities.
viii. Accounts in Family Account
a. Account Organizer can do:
· Top-up to Family Account balance to a maximum of Rp8.000.000 per month.
· Determine Family Account balance limit, namely a maximum of Rp20.000.000 for each 1 (one) Member.
· Provide approval before Member carries out fund transfer transaction by entering the PIN from Organizer’s DANA Account before Member carries out fund transfer transaction.
· View money transfer activities from members.
b. Member account can do:
· Connected or join to 1 (one) Family Account.
· User the service to send money to another person’s DANA Account or to bank account with prior approval from Organizer.
· Receive Family Account balance according to the limit determined by Organizer.
ix. Fund transfer transaction by Member
a. Member in Family Account can make fund transfer transaction to other DANA Balance or to bank account receiver with prior approval from Organizer.
b. The fee charged for carrying out fund transfer transaction using Family Account feature will be subject to the provisions of charging fund transfer fee on DANA Application, namely (i) there is no fee for fund transfer to another DANA Application’s User and (ii) there is fee for fund transfer to bank account after 10 (ten) times fund transfer for nominal amount above Rp50.000. Provisions for imposing fund transfer transaction fee may change and/or be imposed by EDIK on money recipient for fund transfer transaction, the amount of which will be notified by EDIK on DANA Application.
c. The minimum limit for fund transfer transaction that can be used by Member is Rp1 to another DANA Application’s User and a minimum of Rp10.000 to bank account.
d. The maximum limit for fund transfer transaction that can be used by Member to another DANA Application’s User or to bank account is Rp2.000.000 or less according to the amount of DANA Balance given by Organizer to each Member.
17. DANA ON THIRD PARTY APPLICATION
Users who make Transactions using payment services on the DANA through applications or platforms belonging to third parties/partners/merchants in collaboration with EDIK, then the User understands and understands that there are more specific terms and conditions regulated by third parties and/or special terms and conditions as further specified by EDIK on such third party applications (as relevant). The User is responsible for the negligence/error of the User who makes Transactions in the application belonging to the third party.
18. THIRD PARTY COOPERATION IN DANA APPLICATION
Users understand that there are Terms and Conditions for the DANA User as well as more specific terms and conditions in products or features of third party collaboration with PT EDIK that can be accessed in the DANA Application, both currently and in the future with prior notice, including but not limited to in the form of cooperation between merchants, partners (including banks), aggregators, and other payment/financial services.
19. OPENING OF THIRD PARTY BANK ACCOUNTS THROUGH DANA
Users who open third party partner bank accounts in the DANA Application which are forwarded to the platform belonging to the third party partner bank PT EDIK in collaboration with EDIK, then the User understands and understands that there are more specific terms and conditions regulated by the third party partner bank and/or special terms and conditions to be determined further by EDIK. The User also understands that all information and/or documents submitted by the User for the purpose of opening a third party partner bank account in the DANA Application will fully belong to the third party partner bank for account opening purposes. The user understands and understands that the refusal to open an account to a third party partner bank is the full authority of the third party partner bank which is outside the control of PT EDIK. The User is responsible for the negligence/error of the User entering his/her information and/or documents in the DANA Application for the purpose of opening the account.
VII. TIME PRIOD
User's DANA account will be valid as long as the account is not permanently closed, either by the User or by EDIK.
VIII. SERVICE FEE
1. Fees for using DANA Application and/or DANA features, which are determined by EDIK, ATI, Banks, Agents, or by third parties in collaboration with EDIK, will be deducted directly from the User's DANA Balance as agreed by User in payment confirmation page. EDIK can apply free promotions with certain quotas and periods. Such changes will be notified through the communication media determined by DANA.
2. With respect to payment instruments that can be stored on and used through the DANA, EDIK or ATI may set fees for utilizing DANA application service (platform fee) or handling fee or processing payment transactions for payment instruments feature which can be stored in DANA Application for the purpose of increasing services quality to User.
3. Banks or other payment instrument issuing institutions that cooperate with EDIK may charge fees for each Transaction through the DANA electronic wallet in accordance with the policy of the relevant payment instrument issuing Bank.
IX. DANA Protection for Unauthorized Transactions (“DANA Protection”) & Scam Checker Feature
1. DANA protection is a form of protection provided by EDIK for Verified Users to protect against unauthorized transactions resulting from account take over (”ATO”) that has been proven to be caused by EDIK’s error or negligence.
- DANA Protection applies to User’s assets in DANA App such as DANA Balances, transactions originating from debit cards or credit cards stored in DANA App, or DANA eMas (with the condition that the amount of the loss refers to the value of the loss in Rupiah according to the date the transaction or event occurs), DANA Cicil or DANA goals.
- EDIK will provide DANA Protection in accordance with the value of the loss experienced by User.
- DANA protection can be given to or claimed by User for incidents of DANA ATO that have been proved to be caused by DANA’s error or negligence.
- Users who wish to claim DANA Protection must meet the following requirements: i. Verified User (DANA Premium); ii. User activates Face Verification (DANA Viz); and iii. Users do not expose security codes and verification information, such as One Time Password (OTP) or PIN to others.
- The forms of account takeover/ATO recognized by EDIK are as follows: I. Device Loss Loss of DANA balance that occurs when DANA User loses a telecommunication device (mobile phone) which causes the DANA Account to be inaccessible to the User. DANA's protection against the loss of telecommunication equipment (mobile phone) is limited to 1 (one) incident, namely the first loss report; II. Brute Force Attack Loss of DANA balance caused by another person/party who misuses the User's DANA Account and makes transactions that are not authorized by the DANA Account owner, which is not verified with an OTP or PIN verification code. 7. Claims for DANA Protection must be reported within 15 (fifteen) Calendar Days from the occurrence of ATO by a Verified User through the official DANA Customer Service (Customer Care) complaint channel by fulfilling documentation and evidence of the incident. User's failure to make a claim within the specified time will result in the DANA Protection not being able to be processed.
8. Claims for DANA Protection must be reported within 60 (sixty) Calendar Days from the occurrence of ATO by a Verified User through the official DANA Customer Service (Customer Care) complaint channel by fulfilling documentation and evidence of the incident. User's failure to make a claim within the specified time will result in the DANA Protection not being able to be processed. 9. The following matters may result in the cancellation of the DANA Protection claim process:
i. User's failure to provide information and data within the requested time;
ii. The results of EDIK's internal investigation show that the loss of balance was caused by the User's negligence or was one of the conditions in point 6 above;
iii. The results of EDIK's internal investigation show that the User submitted a fake DANA Protection claim.
10. EDIK's policies and decisions regarding DANA Protection, requirements, exceptions, and types of ATO in DANA Protection, sources of funds included in DANA Protection, and the nominal compensation for DANA protection are absolute EDIK's authority which inviolable.
11. EDIK's policy in providing DANA Protection facilities does not exclude the User's obligation to maintain all forms of personal information, sensitive information in the form of name, date of birth, registered mobile number or other alternative mobile number, PIN, OTP, or other verification information, card number stored in the DANA Account (or not stored in the DANA Account) in connection with the ownership of the User's DANA Account.
12. Any changes to the DANA Protection policy including the terms and conditions will be notified within 30 days prior to the User through DANA Application or the official EDIK publication media.
13. Scam Checker feature is one of the features provided by EDIK through DANA Application where this feature could be utilize by the User in a condition where the User need helps to verify suspicious and/or unrecognized phone number, links, social media account that impersonated DANA and bank account number.
14. When using the Scam Checker feature, the User declares that all data and/or information entered by the User is data and/or information obtained by the User in a way that does not violate the applicable provisions and laws.
15. In carrying out scam check, EDIK carries out an investigation using data and/or information that EDIK already has based on EDIK's internal investigation results database and not in real time.
16. The User acknowledges and understands that the User is fully responsible for carrying out transactions, accessing links, and communicating with telephone numbers, links, social media accounts and account numbers that have been checked by EDIK.
17. Users understand that when checking telephone numbers, links, social media accounts such as DANA and account numbers through the Scam Checker feature, there is a certain quota limit within a certain time for carrying out the check, where if the quota has run out, the User can check again later. Furthermore, in the event of changes to the quota limits for Users, EDIK will inform them via communication media determined by EDIK.
X. DANA ELECTRONIC WALLET
The balance of DANA and/or payment instruments stored in DANA can be used for payment for services on the DANA or for purchases at Merchant, with due observance of the policies of the issuer of the payment instrument used by the User.
EDIK only forwards User instructions to the issuing party of payment instruments to make payments using payment instruments issued by other parties in cooperation with EDIK through DANA. User payment transactions can only be processed if the issuing party of the relevant payment instrument authorizes the instruction.
3. Transactions that have been confirmed by the User to be processed cannot be canceled unilaterally by the User. EDIK has the authority and discretion to determine the decision on the cancellation request based on a case-by-case review by EDIK.
4. EDIK is the operator of the payment system and the User understands that EDIK has no control or responsibility for the goods or services paid for with DANA. Every complaint and/or claim by the User against the issuer of a payment instrument other than DANA is the responsibility of the issuer of the relevant payment instrument, however EDIK may accept the complaint and/or claim of the User to be forwarded and resolved to and by the issuer of the relevant payment instrument.
5. Users can provide electronic instructions to delete payment instrument data from the DANA electronic wallet feature.
6. If the User requests a refund on another payment instrument in the DANA electronic wallet, the refund claim can be submitted directly to the relevant Merchant. EDIK will forward a claim for refund of another payment instrument based on the request of the Merchant to the issuer of the relevant payment instrument. Users can also submit claims for refunds of other payment instruments to EDIK no later than 7 (seven) calendar days from the date of the Transaction by submitting sufficient supporting evidence. Furthermore, EDIK will forward the claim for refund of other payment instruments to the issuer of the relevant payment instrument based on the results of EDIK's review of the claim.
7. In the case of using the DANA electronic wallet service in the DANA Application to make payment transactions at merchants or third parties collaborating with EDIK, the User may be charged directly by EDIK, ATI or third parties collaborating with EDIK, including but not limited to on handling fees. The amount of these fees will be informed by EDIK, ATI or third parties collaborating with EDIK on the User's payment confirmation page. By agreeing and making payment for the handling fee on the Transaction, the User understands and agrees to the terms and conditions of the handling fee which are further regulated on the DANA payment confirmation page.
- In the event that the User does no agree to the provisions regarding handling fees on the DANA payment confirmation page, User can cancel the use of DANA electronic wallet service on the DANA Application. XI. CORRECTION
1) EDIK may at any time make corrections of (by conducting a debit or credit) DANA Balance if according to EDIK records there are errors in Transactions, systems, networks, or errors in other forms by verifying first, if:
a. There is a direct request or approval from the User
b. There are complaints and/or reports of fraudulent act of the DANA Account;
c. There is a direct request from the police, court order, other competent authorities based on the provisions of the applicable regulations; and
d. There is a direct request from a third party partner of EDIK to EDIK including Banks, Merchants, and other third parties after going through a verification process by EDIK.
Information regarding corrections to User Balances is submitted by EDIK through the User's DANA Account.
2) Regarding to requests for correction by third parties, EDIK will examine and decide according to EDIK assessment and policy. EDIK will not make corrections to DANA Balance without information deemed sufficient for EDIK to prove an error in the Transaction.
3) In relation with the correction as referred to number 1) and number 2), User hereby grants an irrevocable authority to EDIK to debit and/or credit User's DANA Balance.
XII. DANA ACCOUNT BLOCKING
1) DANA account can be wholly or partially blocked, in accordance with EDIK policy, upon the following conditions:
i. User fill an incorrect PIN and/or password 4 (four) times in a row;
ii. Users file official request, either because of User report due to lost or stolen or hacked cellular phone. User must provide related information/data in connection with the needs of the User's request.
iii. Conducted one-sidedly by EDIK due to reasons according to DANA policy which has adverse indication to EDIK and/or an indication of violation upon applicable laws and regulations, with or without prior notification to the User, namely:
a) There is a request from the state authority or law enforcement authority, or;
b) If User use DANA service that causes a violation of Terms and Conditions or DANA Privacy Policy, or;
c) If User provide data/information and information that is incorrect or misleading during registration or while using DANA, or;
d) There are indications of misuse of DANA service for activities that violate applicable laws and regulations, or;
e) The DANA account is declared inactive (dormant) because it has not been used for a minimum period of 12 (twelve) consecutive months, i.e. has no transaction activity (incoming or outgoing transactions) and/or has no activity on assets and/or liabilities financial services products in the DANA Application and/or activities in the DANA Business Account.
f) If EDIK based on consideration is accompanied by the results of verification and monitoring of transactions and the User Account has other compelling reasons.
2) Re-activation of the blocked account due to the reasons referred to section 1. above is under the authority of EDIK and EDIK also has full authority to temporarily or permanently disable User’s access to DANA Account and/or partly or all features and services of DANA application.
3) In connection with the blocking of the DANA Account as referred to in point (1) (iii) letter (e) above, the User understands that:
i. The DANA account which will be declared inactive (dormant), will first enter a grace period where the User will receive the first notification (notification) via the DANA Application, or in other forms of communication available to the User, within 2 (two) months before the Account DANA Users are declared inactive (dormant). If after receiving the notification the User makes a Transaction, the DANA Account will be considered active again;
ii. If the User is still inactive (dormant) after receiving the first notification, the User understands and agrees to receive a second notification through the DANA Application that the User's DANA Account has been declared dormant and the User is advised to reactivate the DANA Account if he still wants to use his DANA Account . The User understands and agrees that if the User wants to reactivate his DANA Account, the User agrees to follow the provisions for the reactivation of the DANA Account that apply according to DANA policy, including verifying the DANA Account, submitting information and documentation requested by DANA, and activating certain security features.
XIII. ACCOUNT DEACTIVATION
1) DANA account can be deactivated and/or deleted due to following conditions:
i. An official request from User submitted through the official Customer Service contact line and/or through DANA and by fulfilling the procedures and EDIK’s requirements.
ii. There is a request from the state authority or law enforcement authority.
iii. EDIK policy based on applicable laws and regulations;
iv. Forceful conditions that occur for 3 (three) months or more in a row; and/or
v. Termination of operational activities for any reason.
2) EDIK will return the DANA electronic money balance to the User upon deactivation and/or deletion after deducting outstanding fees (if any), unless based on EDIK's consideration it is necessary to hold a certain portion of the DANA balance, for example due to a reasonable belief that the portion relates to or caused by fraud, abuse, other unlawful acts, or violations of these Terms and Conditions.
3) In relation to DANA Account deactivation and/or deletion, User and DANA agree to waive provision of Article 1266 of the Civil Code, as long as a court decision is required for the closure of the DANA account and/or termination of these Terms and Conditions.
4) In the case of deactivating and/or deletion of a DANA Account due to User’s request as stipulated in Part XIII point (1)(i) above, then the User has the right to deactivate/delete the DANA Account and end their relationship with DANA, with these provisions: (i) Submit the User's official request to EDIK through the channels determined by EDIK.
(ii) User is obliged and liable to withdraw all remaining funds in his DANA Account before User deactivates and/or deletes his DANA Account, including but not limited to the withdraw and/or emptied the DANA Balance, DANA Goals, DANA Bisnis account and their own DANA eMAS feature;
(iii) Users are obliged to pay off all outstanding obligations, including but not limited to paying off obligations under the DANA PayLater and DANA Cicil features;
(iv) Users must log out as members or organizers in the Family Account feature;
(v) Users are required to include their email for verification purposes as requested by EDIK via DANA;
(vi) The User understands and agrees that (i) the insurance policy owned by the User will become inactive, (ii) DANA as a payment method will be deleted from payment methods in third party applications, (iii) unused vouchers will become inactive, (iv) a cellphone number that has been deleted cannot be used again, and (v) all DANA balances that need to be returned by a third party to the User while the DANA Account deletion process is in progress, the User is fully responsible for the DANA Balance;
(vii) The User understands and agrees that the request to delete the User's DANA Account via the DANA Application is made by the User himself as the authorized owner of the DANA Account where the User will be asked to verify the deletion of the DANA Account via PIN/OTP. Users are fully responsible for maintaining the confidentiality of their PIN/OTP and not allowing unauthorized access to request deletion of their DANA Account. In the event that there is unauthorized access to the DANA Account belonging to a User who requests deletion of the DANA Account, then this will be the full responsibility of the User concerned.
(viii) The deactivation thereof by the User will give DANA the right to verify via the method determined by EDIK the request for deactivation/deletion of the DANA Account submitted by the User where the User understands and agrees to be contacted by Customer Service (Customer Care) through media determined by EDIK for verification and settlement of existing obligations by DANA, including but not limited to withdrawing the remaining DANA balance, closing DANA Account bindings with third party applications in collaboration with EDIK, and features -other related features. Users remain liable for all obligations owed to their DANA Account even after their DANA Account is deactivated.
(ix) When the User chooses to deactivate their DANA Account, the User agrees that EDIK will cancel all transactions that are still incomplete or that are regularly scheduled.
5) EDIK reserves its right to temporarily stop and/or limit certain DANA services/features in and/or User access to DANA Accounts that have been deactivated, and/or permanently closed DANA Accounts that have been requested to be closed in the event that there are no outstanding obligations between EDIK and User.
6) In certain cases, the User cannot deactivate their DANA Account to avoid investigation by the authorities, if the User has a dispute or claim, and other indication of unlawful actions based on EDIK policy.
7) Users who have deactivated their DANA Account and intend to reactivate their DANA Account, understand the risk that reactivation of their DANA Account and the terms and conditions for reactivation are EDIK's policy and EDIK's authority and the re-activation can only be done by the User within 90 Calendar Days since the deactivation request has been successfully verified. XIV. OFFICIAL CONTACT FOR INFORMATION AND COMPLAINTS
User may ask questions about DANA services or submit complaints by contacting DANA User Services (Customer Care) at:
· Live chat DIANA;
· Email to help@dana.id;
· Phone call to 1500 445.
Information related to DANA service and promotions that currently applied directly on DANA can be accessed through website: www.dana.id.
XV. LIMITATION OF LIABILITY
1) To prevent misuse of User data or DANA Account, User must remember and maintain the confidentiality of their data information including but not limited to Handphone Numbers that are registered on DANA accounts or alternative Handphone Number, passwords or PINs and/or verification codes or OTP, answers to registered secret questions or other data given by User or received by User regarding Transactions or for any activities or Transactions that occurs / is done by User by not disclosing it to any party. The user is fully responsible for all consequences and risks arising in connection with User's negligence in maintaining the confidentiality of User's data information.
2) User must protect his information stated above, from events including loss, damage, misuse by irresponsible parties or counterfeiting. User hereby acknowledges and agrees to release EDIK from any liability and compensation in any form to User or any party for matters that occur beyond EDIK's fault and/or negligence including but not limited to the following events:
a. Loss or damage of Telecommunication Devices or Handphone Numbers;
b. Unauthorized access to User's personal information that occurs outside the scope of EDIK's responsibilities or in third party’s app;
c. Any losses incurred due to DANA Users indicated to violate the law and/or there is abuse of any kind of action by other unauthorized parties;
3) In the event of loss of the Handphone either due to theft, loss or any reason, User must immediately contact DANA Customer Care to block the relevant DANA Account. User hereby discharge and releases EDIK from all risks and consequences arising and suffered by User in relation to loss of alternate Handphone Number or Handphone Number or User's negligence correlated with it.
4) EDIK, at its sole discretion, has the right to reject the User registration request of DANA if there is an indication of a discrepancy in the identity or profile of the User in accordance with the applicable laws and regulations. User registration status information will be notified to the User through the page on the DANA Application. User’s registration status information will be notified to the User through DANA Application.
5) Users are hereby required to check, ensure and guarantee that all information and data registered or provided while using DANA are accurate, true, and complete, and not misleading. Therefore, the User releases and discharges EDIK from all forms of lawsuits, demands and/or compensation both originating from the User or any party and in any form in connection with the negligence and/or failure of the User to comply with all provisions of these Terms and Conditions.
6) If the Transaction has been completed, User hereby acknowledge and agree that the transaction CANNOT be undo for any reason and the Transaction will still be processed in accordance with the information and data that have been registered and entered by User.
7) User will be charged with cost correlated to DANA services in accordance with applicable provisions at DANA including but not limited to Transaction fees, Short Message Service fees (SMS) and other costs which will be informed to Users at least 30 Working Days before the fee is charged, through communication media used for DANA products. User of DANA services must use data telecommunications services, and Users are responsible for providing data telecommunications connectivity, including data access tariffs for such connectivity. Fees and terms of use will be governed by telecommunications service operator used by User.
8) In the event of a technical problem on the network or in the event that a service or network improvement is being carried out, a change in service or network, repair and/or maintenance of the service or network used by EDIK causing disruption to DANA services, EDIK will immediately handle and/or repair it within a maximum period of 1 (one) Working Day and for that the User will receive a notification from the DANA Application. EDIK will give further notification if it takes longer time to handle and/or fix the technical problem.
9) In the event of a DANA system error due to any reason resulting in disruption of the DANA service or errors in the execution of services or Transactions that were not caused by the User, EDIK will repair the error as soon as possible or within 1 (one) Working Day or a maximum of 3 (three) Working Days since the error occurred.
10) Any losses, including costs, interest, damages or losses of any kind or type (including personal injury, emotional distress and loss of data, goods, income, profits, use or other economic benefits) suffered by the User or third parties due to the User's fault or third parties other than EDIK, including merchants and EDIK partners who provide top-up channels, withdraw balances and send money, are the responsibility of the User.
11) Any losses, including late fees or other fees, interest, damages or losses of any kind or type (including personal injury, emotional distress and loss of data, goods, income, profits, use or other economic benefits) that occur due to system failures or problems from the Bank or EDIK partners outside the control of EDIK as long as EDIK has processed it, then it becomes the responsibility of the User.
12) EDIK is responsible for direct losses, namely the amount actually paid, arising from or in connection with the use of a DANA account, which can be proven to have occurred due to EDIK's fault or EDIK's violation of these Terms and Conditions. All indirect and immaterial losses, including costs, interest, damages or losses of any kind or type (including personal injury, emotional distress and loss of data, goods, income, profits, use or other economic benefits) suffered by the User or third parties is the responsibility of the User.
XVI. FORCE MAJEURE
Failure to carry out or delay in the implementation of partly or all of the obligations under the Terms and Conditions by EDIK will not be considered a violation of the Terms and Conditions if they are caused by an event that is beyond EDIK's control or commonly referred to as Force Majeure including but not limited to (a) natural disasters (b) fire, labor strikes, war, riots, rebellions or other military actions (c) actions of authorized parties/agencies that affect the continuity of the provision of telecommunications services (d) actions of third parties that cause EDIK cannot provide telecommunications services (e) any decisions from the competent authority or changes in decisions from the government that affect the implementation of DANA services including changes in the application of tariffs to Users and (f) outbreaks, epidemics, and / or disease pandemics. User agrees to release EDIK from any claim, if EDIK is unable to fulfill the User's requests through DANA account either partly or in full because of a Force Majeure.
XVII. SECURITY AND CONFIDENTIALITY OF TRANSACTIONS
1) EDIK is very concerned about the safety and comfort of Users when using DANA services. Therefore, EDIK has a security system for User transactions to ensure that User’s Transactions are safe and that User's information and personal data are stored and used in accordance with DANA Privacy Policy and subject to applicable laws and regulations.
2) DANA uses adequate servers to maintain the security of User's confidential information. All sensitive information will be sent via Secure Socket Layer (SSL) technology in condition which data can only be accessed by personnel whom have special authority in order to always maintain the confidentiality of such information.
3) EDIK applies reasonable steps to ensure User's PIN is not known to anyone except the User to avoid misuse by other parties. Thus, User is fully responsible for the confidentiality of User's PIN.
4) In the event that EDIK has a collaboration with other third parties in relation to provide access to DANA services to Users through relevant third-parties facilities then:
i. EDIK may display User information or/and other information to relevant third parties for the purpose of maintaining system security
5) EDIK may use authorization facilities other than DANA which are jointly determined by EDIK and third parties in cooperation with EDIK.
6) EDIK guarantees that the implementation provisions as referred to in sections i) and ii) have complied with the security standards and provisions of DANA as well as the prevailing laws and regulations.
XVIII. REPRESENTATION AND WARRANTIES
1) User represent and ensure that according to the applicable laws and regulations User is party that is capable, entitle or allowed to use all features and services by EDIK.
2) User represent and ensure that User is an individual who is legally authorized to be bound by an agreement based on the laws of the Republic of Indonesia, specifically to be bound by these Terms and Conditions. User, at the time of accessing, registering, and/or using DANA, is at least 21 years old or has been married, and is not under a guardianship. If User is below 21 years old and has never been married at the time of accessing, registering, and/or using DANA, User hereby declares and ensures that User has obtained the approval from parents/legal trustee to access, register, and/or use DANA.
3) Use of DANA and/or DANA features and services constitute User’s approval to be subjected to (i) DANA User Terms and Conditions; (ii) the specific terms and conditions that apply for DANA in collaboration with third-party application providers; (iii) the specific terms and conditions that apply for promo/campaign; (iv) the specific terms and conditions that apply for each features provided in DANA Application; (v) privacy policy; and (vi) any prevailing laws and regulations.
4) User represent and ensure that User will use DANA properly according to these Terms and Conditions and the applicable laws and regulations in Indonesia, and will not take any action aimed at avoiding, penetrating, and/or exploiting security system or causing disruption and/or damage to DANA system, account, products, features misuse by User or cause harm to DANA and/or other User. User are fully responsible for any consequences caused by user’s violation to these terms.
5) User represent and ensure that fund used related to the Transaction services, does not belongs to any criminal acts or prohibited acts in accordance to applicable laws and regulations valid in the Republic of Indonesia, the opening of DANA Account does not for the objective of and/or dedicated in order to any effort which related to the money laundering activities and terrorism financing in accordance to the related laws and regulations valid in the Republic of Indonesia, transaction does not dedicated to deceived, covering, avoid report to Financial Transaction Reports and Analysis Center (Pusat Pelaporan dan Analisa Transaksi Keuangan/ PPATK) in accordance to the applicable laws and regulations valid in the Republic of Indonesia, Transactions are not conducted to make payments for transactions that are object in violation of the laws and regulations in force in the Republic of Indonesia, User is fully responsible and releases DANA from any liability, claim and or penalty in any form if Users is proven involved in the money laundering activities in accordance to the applicable laws and regulations in the Republic of Indonesia.
6) Users hereby declare and guarantee that his party will always use the DANA account safely, maintain the confidentiality of his user's ID number, PIN, OTP, Password and other information that might cause his DANA account to be misused.
7) Users hereby declare and agree to be willing to complete all data or requests for additional data or documents submitted by EDIK in connection with EDIK's efforts to comply with EDIK's obligations towards anti-money laundering provisions or for further investigation/examination of suspected suspicious transactions and/or indications of violations Terms and Conditions or provisions of applicable laws and regulations, including anti-money laundering provisions. Without prejudice to other clauses of these Terms and Conditions, any additional information that the User provides to EDIK at EDIK's request will be considered as information completely provided by the User and EDIK has no obligation to verify its accuracy.
8) User may not give authority, right and/or power of attorney in any forms and any condition to person or parties to use data, account and/or PIN. User for any reason in any condition are prohibited to transfer/ hand over the account to person or any parties.
9) User represent and ensure that User will not be for any reason asking to return any documents which are already submitted, therefore EDIK is entitled to use such data and information related to Transaction service or related to the administrative matters of the User account in DANA or promotion or marketing programs of DANA, unless it is obliged by applicable law.
10) User represent and ensure to update and inform EDIK whenever there is changes of data related to Users who have been registered and/or submitted to EDIK.
11) By conducting Transaction through DANA, then Users herewith understands that all communication method or instruction from User received by DANA will be treated as authentic evidence even though it is not in the written form of document or issued in the form of document signed by both parties. User hereby represent and ensure that User are not and will not deny the enforceability and validity of communication and electronic instructions submitted by User through DANA, as authentic evidence.
12) User hereby understand and agree that DANA services are provided “as is” and “as available”, without EDIK’s assurance of services provided through DANA are suited for specific User need. In such condition, DANA does not assure that (i) DANA usage may satisfy User need, (ii) DANA will be available from time to time without disruption or error, (iii) every discrepancy within DANA application will be improved to meet User’s expectation. However, EDIK will continue to try its best and as reasonable as possible to provide the best service for User.
XIX. MISCELLANEOUS
1) These Terms and Conditions are be subject to, governed, and implemented according to law of the Republic of Indonesia.
2) This provision applies to all Users who access and/or use one or all of the DANA services available on the DANA Application, along with related services, which are provided through the DANA Application and/or other applications EDIK publishes or through other official platforms from several EDIK partners through which some or all parts of DANA's features can be accessed through the platform, and to any person who submits a request or provides information to EDIK, EDIK's affiliates or to EDIK's official partners regarding any or all of DANA's services.
3) In the event of dispute in the interpretation or implementation of Terms and Conditions, DANA and User agree to resolve the dispute through deliberation. If DANA and User cannot reach an agreement through deliberation, then the user can also submit complaints through the Agency or Dispute Settlement Institution or to Bank Indonesia. If the methods above are not successful, then the dispute shall be resolved through the South Jakarta District Court.
4) These Terms and Conditions are made in Bahasa Indonesia and English. In the event of an inconsistency between the English version and the Bahasa Indonesia version, then EDIK and Users agree to use Bahasa Indonesia as a binding language.
5) DANA, including its name and logo, codes, designs, technologies and business formulas, are protected by copyright, trademark, patent, and other intellectual property rights available under the laws of the Republic of Indonesia. EDIK (and those who are related to DANA license, if applicable) own all rights and interests of DANA, including all intellectual property rights related thereto. These Terms and Conditions are not and in no way shall be deemed to be granting the Users permission to use any of DANA intellectual property rights as mentioned above.
6) The waiver or suspension or failure by EDIK to do direct actions, apply sanctions, or carrying out EDIK's rights or obligations, and/or filling a lawsuit or a lawsuit against violations of these Terms and Conditions, does not eliminate the User's obligations and is not a waiver of EDIK's right to take any action that needed in the future.
7) Users are prohibited and/or cannot transfer their rights and obligations in these Terms and Conditions, without prior approval from EDIK based on EDIK's considerations and policies. The transfer of all or part of the DANA Balance made by the User to any other party, is not a transfer or a form of transfer of an account or DANA account.
8) If any provision of these Terms and Conditions is determined to be illegal, unlawful, or unenforceable, in whole or in part, under any law or principle, the provision or part thereof shall be deemed not to be part of these Terms and Conditions, and any other provisions in these Terms and Conditions are still valid and enforceable.
9) These Terms and Conditions, in whole or in part, including any features or services offered in DANA Account, may be modified, added, or amended from time to time at DANA’s discretion. Any changes to these Terms and Conditions will be notified to the User.
10) User hereby notice and agree to give permission to EDIK to use User’s personal data/information in features provided in DANA application for features and services development/improvement of DANA, under Privacy Policy and the law. The continued use of the DANA constitutes the User's approval and acceptance to EDIK to use the personal data/User information on the features available in the DANA, with due regard to the provisions of the Privacy Policy and the provisions of the applicable laws and regulations. Users can withdraw their consent by contacting Customer Care. EDIK and Users agree to provide information and/or data required to EDIK for verification purposes. Users also understand that their actions may pose a risk in the form of restrictions on the use of DANA services/features for Users.
11) User’s personal data is maintained under the Privacy Policy. The Privacy Policy is considered as an integral part of these Terms and Conditions and Users agreement to these Terms and Conditions constitutes Users acceptance to the Privacy Policy.
12) Transactions of Users done through DANA are saved electronically in DANA servers. Users acknowledge that DANA has used its best endeavor to maintain the system security. However, in the event of any direct discrepancy between data, balance and/or transaction history in Users’ DANA Account, User agrees that the applicable and recognized data, balances, or history transactions are those owned by EDIK.
13) User understands that when using DANA Account, User’s personal data may be collected, used and/or disclosed by DANA so that User may benefit full DANA service.
14) User may contact DANA Customer Care or access DANA application and DANA website to find out information regarding DANA products and DANA services.
15) User shall receive notice regarding product or service or recent promotion of DANA through personal communication or through DANA Application. If User is not willing to receive the notice then User may contact DANA Customer Care.
XX. CLOSING
User understands and agrees that these Terms and Conditions are electronic agreements and the User's action of pressing the Register/Activate button or the sign-in button or tick the consent box when accessing DANA is an User's consent to enter into an agreement with EDIK so that the applicability of these Terms and Conditions are valid and legally binding and continue to apply throughout the use of DANA.
EDIK may transfer EDIK rights based on these Terms and Conditions without prior approval from User or notify User in advance.