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Last updated on 13 August 2019
We, PT Sinar Digital Terdepan, a limited liability company established under the laws of Indonesia, act as the First Party in these Terms and Conditions. You shall be considered as the Second Party. The First Party and Second Party are collectively referred to as the Parties and individually as a Party.
The First Party shall be entitled to amend, modify or supplement the Conditions at any time and (subject to law) for an unlimited number of times subsequently without restriction in its sole and absolute discretion by posting a revised version of this Term and Conditions (https://www.xendit.co/en/terms-and-conditions) ("Conditions"), provided that the First Party has provided seven (7) calendar days' prior notice (the "Notice Period") to the Second Party before the effective date of any amendment, modification or supplement, such notice to be given via electronic mail transmission or otherwise in writing. Upon receipt of such notice from the First Party, the Second Party shall be entitled to terminate the Service Agreement immediately by submitting a written notice to the First Party of its intention to terminate within the Notice Period. Upon the lapse of Notice Period and to the extent that no notice has been received by the First Party, the Second Party hereby agrees to accept and be bound by any amendment, modification or supplement made to these Terms and Conditions. These Terms and Conditions that have been amended, modified or supplemented shall supersede and replace all previous versions.
These Conditions shall constitute as one single document with the Services Agreement and shall not be interpreted separately, unless it has been specifically stipulated under these Conditions and/or the Services Agreement.
"Affiliates" means a parent, subsidiary, brother or sister company or other company or entity which controls the First Party or which the First Party controls or which is under common control with the First Party.
"API" means the application programming interfaces, a set of subroutine definitions, protocols and tools for building software and application interfaces, provided by the First Party that may be used by the Second Party to access the Services.
"Card Processing Services" means:
"Charge" means a credit or debit instruction to authorize or capture funds from an account that a cardholder maintains with a bank or other financial institution for in connection with a transaction between the cardholder and the Second Party.
"Chargeback" means a challenge to a payment to the Second Party that an End-User files directly with his or her credit or debit card issuer.
"Collection" means the act done by the First Party on behalf of the Second Party which enables the Second Party to receive inbound payment(s) from an End-User, by way of Virtual Accounts, Cards Processing Service, Retail Outlets (e.g.,Alfamart), e-wallet (e.g., OVO) and via the API, and "Collections" shall mean any two or more instances of such acts.
"Cardholder" means a natural or legal person holding a debit or credit card, that are issued by a banking institution(s).
"End-User" means a person or entity that uses the services or products of the Second Party.
"Confidential Information" means any data or information, oral or written, treated as confidential that relates to either Party's (or, if either Party is bound to protect the confidentiality of any third party's information, such third party's) past, present, or future research or development activities, including any unannounced products and services, any information relating to developments, Services Documentation (in whatever form or media provided), inventions, processes, plans, financial or due diligence information, personal, identifiable data of End-Users and the financial terms of the Services Agreement. Notwithstanding the foregoing, Confidential Information shall not be deemed to include information if: (i) it was already known to the receiving party prior to the Effective Date of the Services Agreement, as established by documentary evidence; (ii) it is in or has entered the public domain through no breach of the Services Agreement or other wrongful act of the receiving party; (iii) it has been rightfully received by the receiving party from a third party and without breach of any obligation of confidentiality of such third party to the owner of the Confidential Information; (iv) it has been approved for release by written authorization of the owner of the Confidential Information; or, (v) it has been independently developed by a party without access to or use of the Confidential Information of the other party.
"Dashboard" means a web-based reporting platform provided by the First Party to the Second Party.
"Fraud Detection System" which shall be called "FDS" means an automatic risk assessment that can proactively prevent high risk card payment.
"Destination Account" means an account specified by the Second Party into which, upon the instruction of the Second Party made in accordance with the procedure stipulated by the First Party, funds will be transferred by the First Party.
"Disbursement" means the act done by the First Party on behalf of the Second Party which sets in motion, by way of bank transfer, a movement of Funds from a Top-Up Account to a Destination Account via API or by way of manual upload and "Disbursements" shall mean any two or more of such instances of such acts.
"IDR", "Rupiah" or "Rp." means the lawful currency for the time being of Indonesia.
"USD" means the lawful currency for the time being of the United States of America.
"FX Trader" means an appointed licensed foreign exchange trader by the First Party that will serve requests of the Second Party to Convert IDR to USD, USD to IDR, IDR to other foreign currency and vice versa.
"Invoice UI" means the user interface hosted payment page provided by the First Party.
"Losses" means any losses, damages, liability, costs and expenses (including reasonable fees and expenses of legal and other advisers, court costs and other dispute resolution costs) suffered or incurred by a party.
"Refund" means an instruction initiated by the Second Party to return funds to an End-User for an existing Charge.
"Reversal" means an instruction initiated by any bank, money services business, payment network, or other financial intermediary, or the First Party to return funds for an existing Charge. Reversals may result from (i) invalidation of a charge by a bank, money services business, payment network, or other financial intermediary; (ii) funds settled to the Second Party in error or without authorization; and (iii) submission of a Charge in violation of Network Rules, or where submission of the Charge or use of the Card Processing Services by the Second Party violates these Conditions or the Services Agreement.
"Second Party Transaction" means information related to the purchase of goods and services from the Second Party by an End-User.
"Services Agreements" means an agreement entered between the Parties in relation to the Services provided by First Party to Second Party.
"Services Documentation" means collectively, the operating instructions, user manuals, and help files, in written or electronic form, made available to the Second Party (including, but not limited to, the information found on www.xendit.co), and that are intended for use in connection with the Services.
"Top-Up" means any topping up of the balance in the Top-Up Account which shall be done in IDR except where the Services involve a foreign exchange conversion before Disbursement, in which case such Top-Up shall be done in USD, to the extent permitted under the prevailing laws and regulations.
"Top-Up Account(s)" means bank account(s) created and administered in any Bank appointed by the First Party designated for the purpose of storing the balance of the Second Party's funds for and throughout the Second Party’s use of the Services.
"Virtual Account" means a temporary bank account created by the First Party to receive funds intended for the Second Party.
Any Disbursements performed or to be performed by the First Party on behalf of the Second Party are subject always to the following conditions:
Any Collections performed or to be performed by the First Party on behalf of the Second Party are subject always to the following conditions:
Any Card Processing Services performed or to be performed by the First Party on behalf of the Second Party are subject always to the following conditions:
For the avoidance of doubt, notwithstanding anything contained in this Condition 5.3(d), the First Party shall have full discretion to make such conversion for any reason and at any time that it deems fit.
For the avoidance of doubt, notwithstanding anything contained in this Condition 5.4(a), the First Party shall have sole and absolute discretion in respect of the manner in which it may assist the Second Party in the latter's application for a Merchant ID and may vary the list above in any way and at any time as it deems fit.
Any foreign exchange transactions performed or to be performed for the benefit of the Second Party shall use the services of a FX Trader, placing the First Party as an intermediary between the Second Party and the FX Trader, subject always to the following conditions:
|Infringement of Intellectual Property|
|Intellectual property or proprietary rights infringement||Sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; any product or service that directly infringes or facilitates infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party;|
|Counterfeit or unauthorized goods||Unauthorized sale or resale of brand name or designer products or services; sale of goods or services that are illegally imported or exported|
|Import of prohibited and restricted Goods to Indonesia*|
|Printing Materials||Books, magazines, news paper and similar materials, leafter, brochures that are printed in the Indonesian language, dialects in Indonesia or Chinese; offset printout goods made of paper for cigarette packaging or drugs packaging in the Indonesian language or foreign.|
|Certain Chemicals||Derivatives products that contains Halogen substitute and its salt, Pesticide, polimer etilena/stirena/vinyl chloride|
|Used Clothes||Excluding personal hand carry clothes|
|Export of prohibited and restricted Goods from Indonesia|
|Agriculture, Forestry, fishery & maritime, industrial and mining products||Natural rubber technical specification (TSNR) or Indonesian Standard Rubber (SRI) that does not satisfy the Indonesian National Standard (SNI); Natural rubber in other form other than Smoked Sheet and TSNR (SIR), Certain Timber and Rattan Products; Certain Fish (Scleropages Formosus and Schleropages jardini, Botia Macracantha, Cheilinus undulatus Ruppell, Anguilla spp, penaeus monodon, penaeus merguiensis, penaeus japonicus, Macrobrachium rosenbergii); ferrous and residual scrap; iron or steel remelted ingots; Tin ore, tin slag, tailing, precious stone excluding diamonds and semi precious stone, precious stone or semi synthetic precious stone,|
|Endangered Species listed on CITES||Mammals (primates, whales, dolphins, porpoises, elephants, rhinoceros, tigers, honey bear, skunk, porcupine, Orangutan Blood, Sumatra Goat), Aves (Eagle, cockatoo, parrot, cassowary, cendrawasih, etc), Reptile (turtle, snake, crocodiles, monitor lizards; crocodile’s bile, genitals, teeth and blood) Insects (certain butterly), Fish (Red Arwana, Coelacanth, Belida, Sentani Shark, Sentani Stingray, cave wader, etc) Bivalviax (Coconut crab, cassis cornuta, giant kima) Orchidaceae, Nephentaceae & Palmae (Certain orchids and palm trees), Dipterocarpaceae (Tengkawang plants and seeds), Rafflesiaceae|
|Cultural heritage||Artifacts, cultural heritage building/structure that are > 50 years or that represent a certain era that are at least 50 years old and has a special meaning for history, science, education, religion and/or culture which has high cultural values for strengthening national identity;|
|Goods and services that violates Legislation|
|Gambling||Lotteries; bidding fee auctions; sports forecasting or odds making; sweepstakes; games of chance (Roulette, craps, slot machine and alike) ; casino games (Keno, Pi Gow Poker, Slots, Black Jack (21), Poker and alike)|
|Adult content and services||Pornography and other obscene materials (including literature, imagery and other media); sexually oriented toys or products; sites offering any sexually-related services such as prostitution, escorts, pay-per view, adult live chat features, mail-order brides, explicit dating sites|
|Firearms and explosives materials||The sale, distribution, import, export of firearms, its amunitions and explosives materials|
|Psychotropic & Recreational Drugs||Unlawful sales, distribution, production, import and export of Category 1 drugs (Papaver Somniferum L, raw opium, cooked opium, cocca plants, cocca leaves, raw cocaine, cocaine, cannabis sativa, methamphetamine, and alike); Category 2 drugs (alphacetylmethadol, betamethadol, dextromoramide, hydromorphone, trimeperidine, and alike); Category 3 drugs (Acetyldihydrocodeine, ethylmorphine, propiram, and alike); drugs precursors|
|Virtual currency||Virtual currency that can be monetized, resold, or converted to physical or digital products and services or otherwise exit the virtual world (e.g., Bitcoin); sale of stored value or credits maintained, accepted and issued by anyone other than the seller|
|Distribution of Restricted Goods|
|Alcoholic Beverages||Class A (Beer, Shandy, Ale, Stout and alike), Class B (Wine, Champagne, Sake, Soju and alike) and Class C (Brandy, Vodka, Liquer, Whiskies, Tequila, Cognac, Arrack and alike)|
* legislation may change from time to time, from the first time this list was created.
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