1.1 Welcome to our website, application or platform (the "Platform"). This Platform is operated by PT Honest Financial Technologies ("we", "us", "our").
1.2 These Platform Terms and Conditions ("Terms") govern how you use our platform. These Terms are binding when you agree to them.
1.3 This Terms has been adapted to the provisions of applicable laws and regulations in Indonesia, including the provisions of the Otoritas Jasa Keuangan regulations and Bank Indonesia regulations.
YOUR CONSENT
2.1 Please ensure that you have read these Terms carefully before you agree to them.
2.2 Please do not use our Platform if you are under the age of 18 or under guardianship.
CHANGES TO TERMS
3.1 We may change these Terms and/or Privacy Policy at any time. We will notify you of any changes or in any other way that We deem good in accordance with applicable law. When We do so, We will publish the latest version of these Terms and/or Privacy Policy on Our application. You are advised to carefully read and check the Terms and/or Privacy Policy as amended or updated from time to time. If you decide to continue using the Honest service and/or application after the changes and/or updates take effect, you are deemed to have read, understood and fully agreed to the contents of these Terms including all amendments and/or updates there to.
3.2 If you do not agree with the content of the changes or updates to the Terms and/or Privacy Policy as referred to in Article 3.1, You must immediately inform the Honest application of your objection and agree to stop using the Honest application and its services by first completing Your obligations.
OUR PLATFORM
4.1 We may make changes to our Platform at any time. We will notify you of any changes in accordance with applicable law.
4.2 Our platform is available as is. It is possible that some parts are not working properly.
SERVICES
5.1 We allow you to make transactions on our Platform. You are responsible for all transactions from your account on the Platform.
5.2 You must create an account to be able to use our Platform.
5.3 When you create an account, you must provide your personal data. We may verify your Information in accordance with our systems and procedures.
5.4 When you log in to your account, we will verify your profile or the device you are using using our methods. If we can't verify your profile or device, we may deny you access to your Account.
5.5 If you are participating in a trial of our Platform or services, during the trial, we provide our Platform and services on an as-is and as-available basis. Our platform may malfunction or experience interruptions from time to time. You hereby accept this condition.
5.6 Please keep all information related to the trial confidential. You can only provide such information with our consent. During the trial, you can only submit the results of reviews or complaints about the Platform or our services through our customer care or other media that we specify. You undertake not to post anything related to the trial or submit the results of reviews or complaints about the Platform or our services on any social media platform or any other platform.
CREDIT CARD APPLICATION
6.1 Credit card applications can only be made through our Platform. To make an application, you must meet the following requirements: a. Indonesian citizen; b. Be 21 years old or married; and c. Minimum net income of IDR 3,000,000.
6.2 You must provide complete and accurate information. Otherwise, we reserve the right not to process your credit card application.
6.3 You can only apply for yourself. You hereby guarantee this.
CREDITWORTHINESS ASSESSMENT
7.1 We will check to assess if you are eligible for our card. We will use various data in the checking process. This check is carried out in accordance with our procedures and applicable law. We may use third-party services to conduct checks.
7.2 We may ask you to log in to your banking app to verify your financial information.
7.3 We reserve the right not to tell you how we conduct checks and the results.
APPROVAL OF CREDIT CARD APPLICATION
We will notify you if your card application is approved. We will also notify you if your application is rejected and the reason.
CREDIT CARD ISSUANCE
Once your application is approved, we will provide you with the card details, which you can also view on our Platform. We will also issue and ship a physical card to the address you provided.
CARD ACTIVATION
10.1 You can directly use the card details available on our Platform for online shopping. However, you must activate the physical card first before using the physical card.
10.2 Please note, your use of the card is proof that you agree to the cardholder agreement.
PERSONAL IDENTIFICATION NUMBER
You will need to set up a personal identification number (PIN) through our Platform after receiving the card. Please always keep your PIN confidential. We recommend replacing it periodically.
MANAGE CREDIT CARD ACCOUNTS
12.1 Our Platform may allow you to access information or notifications related to your card, account, transactions, and bills. We may add other features to the Platform at any time.
12.2 As a digital platform, we use links to or electronic versions of various documents. You hereby agree that this method of delivery is a valid method for us.
PRIVACY
13.1 Your privacy is very important to us. Please read our privacy policy to understand how we use your data. You agree to use your Information in accordance with the Privacy Policy. For the avoidance of doubt, you agree that Honest may transfer, collect, retrieve, use, and/or disclose Information relating to the Service and/or services to other parties under the Honest Application to Third Parties for statistical, monetary, and/or research purposes.
13.2 You hereby grant Honest a non-exclusive, royalty-free, transferable, sublicensable worldwide license to use any information and/or content on the Honest App that you post, store and/or input on or in connection with the Honest App ("License"). This license will continue to operate and will only terminate if you request Honest in writing to delete your Information and/or content on the Honest Application. Each Party agrees that such request from you will not affect and Honest still has the right to use Your information and/or content on the Honest Application that has been shared with Third Parties and/or used in and/or as a basis for the provision of services and/or services to other parties based on the Honest Application.
LIMITED LICENSE
14.1 You have a limited license to use and access our Platform.
14.2 All content and intellectual property rights on our Platform are not your property. The content and rights to such intellectual property belong to the owner of such content and intellectual property rights. Except as permitted in these Terms, you must obtain written consent to use such content and intellectual property rights.
14.3 Neither we nor any other party directly or indirectly grants you the right to copy, distribute, reproduce, modify, publish, transmit, display, publicly display, perform, adapt, rent, create derivative works or commercially use any content and intellectual property rights available on our Platform.
ACCOUNTS AND SECURITY
15.1 You may use your account to access other products, websites, or services that we open or collaborate with. In this case, the terms applicable to such products, websites or services will apply when you use them, and we are not responsible for them.
15.2 You must notify us of any abuse or problems related to your account.
15.3 You are solely responsible for all activities that use your account. For security reasons, we may log out of your account automatically after a period of inactivity.
15.4 We may block your account for any reason, including security. You are required to follow our procedures to unblock an Account.
15.5 We may close your Account for any reason, including: (a) violation of the Terms and/or applicable law, (b) fraud, harassment, defamation, threats or abusive behavior, (c) conduct that is detrimental to other users, third parties, or our business interests or (d) as instructed by a government agency or law enforcement authority.
15.6 We may report to appropriate law enforcement any use of your account that may be illegal or in a way that is detrimental to other users, third parties, or our business interests. In this case, you release us from all losses and/or claims that may be incurred.
SUSPENSION OR SYSTEM MALFUNCTION
16.1 We always strive to make our services available 24x7. However, there may be circumstances that prevent you from accessing our Platform.
16.2 In such circumstances, you release us and all our affiliates from all liability related to the inability to use our Platform. You also release us from all losses and claims related to this.
DISCLAIMER
17.1 We do not provide any guarantees or guarantees regarding our services and Platforms. Our services and Platforms are available as is and as available to you (as available).
17.2 You download data from our systems at your own risk. We do not guarantee that the data is free of viruses or other malicious forms.
EXCLUSIONS AND LIMITATIONS OF LIABILITY
18.1 We are not responsible for any losses related to the use of the Platform, profits, goodwill or expected savings nor any indirect, incidental, special or consequential losses related to the use or inability to use the Platform and/or services.
18.2 Notwithstanding clauses 17.1 and 17.2, if a court of competent jurisdiction finds us liable (including for wilful negligence), our liability to you or any third party is limited to Rp 1,000,000.
PROHIBITED ACTIONS
19.1 You agree not to: a. Violate our Terms, policies or procedures, and applicable law; b. Perform any act that is not permitted or may harm or interfere with other users, our employees or us; or c. Modify, reverse engineer, disassemble or hack the Platform.
19.2 If we reasonably suspect that you may be engaging in an act that is not permitted above, we may take the following steps: a. Restrict access to your account and/or credit card; b. Refuse to provide services for you; c. Taking legal action against you; and/or d. Take other steps or actions that are appropriate to the situation.
19.3 You agree that we may use or disclose Your account information in good faith as is reasonably necessary to: a. Comply with legal process, required by law or based on a court or authority; b. Implement these Terms; c. Responding to claims of infringement of the rights of third parties; d. Responding to your requests for customer service; e. Respond to your complaints; and/or f. Protect the rights, property or personal safety of users, us, and/or the public.
19.4 Information is stored in accordance with the laws and regulations of the Republic of Indonesia that regulate personal data, including but not limited to Law No. 27 of 2022 concerning the Protection of Personal Data in Electronic Systems (as may be replaced, amended and/or added from time to time).
19.5 If you are no longer a user of the Honest Application, Your Information is stored for the period as referred to in Article 19.4 above from the last date since you were a user of the Honest Application.
19.6 Further, the acquisition, storage, processing, disclosure and dissemination of data, including the use of emergency contacts, will be governed by a separate Privacy Policy.
FEEDBACK AND NOTIFICATIONS If you have any feedback or complaints, you can contact us through our Customer Care which is available daily, 24/7, at 0800-1-101-101 (Indonesian domestic calls), +6221-50867077 (international calls) or via WhatsApp at +6281119191101. Your conversation with Customer Care will be recorded.
REPRESENTATIONS AND WARRANTIES
You represent and warrant that: a. You have the legal capacity, rights and ability to create and fulfill these Terms; b. All information provided related to your account is true, complete, accurate, and up to date.
COMPENSATION You agree to indemnify and hold harmless us and our shareholders, subsidiaries, affiliates, officers, representatives, co-branders or other partners and employees (collectively, the "Indemnified Parties"), at your own expense, from and for any and all claims, actions, proceedings, and demands, and all related liabilities, losses, settlements, penalties, fines, costs and expenses related (including, but not limited to, reasonable legal fees and other expenses related to dispute resolution) suffered by an Indemnified Party due to or related to: a. Your access and/or use of the Platform; b. breach or non-compliance with the Terms by you; c. your use or misuse of the Services; or d. violation of any law or third-party rights by you.
SEVERABILITY If any part of these Terms becomes unenforceable or unenforceable, that part shall not affect the other parts, where the remaining parts will remain in full force and effect.
GOVERNING LAW The laws of Indonesia shall apply to these Terms. Disputes shall be resolved by arbitration in Indonesia through the Indonesian National Arbitration Board ("BANI"), established through Decree of the Indonesian Chamber of Commerce and Industry (KADIN) No. SKEP/152/DPH/1977 and which on the date of this Agreement is domiciled at Wahana Graha 1st & 2nd Floor, Jl. Mampang Prapatan No. 2, South Jakarta, Indonesia, in accordance with the BANI Regulations in force on the date on which the dispute is notified by one party to the other. Such rules and procedures are deemed to have been incorporated by reference into this section. The arbitration will be conducted with one arbitrator and will be conducted in Indonesian.
FORCE MAJEURE You hereby release us from all lawsuits, demands, and/or other legal actions in any form for our delay and/or failure in fulfilling our obligations related to the use of the Platform and/or services if the delay and/or failure is caused by events or things beyond our control or ability, including but not limited to natural disasters, major fires, wars, disease outbreaks, riots, sabotage, malfunctioning equipment/systems/transmissions, power outages, system disruptions, telecommunications disruptions, government policies that prohibit us from providing services to Platform Users.
GENERAL PROVISIONS
26.1 We propose rights not mentioned here. Our rights remain valid unless we waive them in writing.
26.2 The Privacy Policy is deemed to be a part of these Terms by reference.
26.3 We may update these Terms from time to time. By continuing to use our Platform, you agree to the updates.
26.4 You may not assign or subcontract your rights or obligations without our consent.
26.5 The relationship created under these Terms is not a partnership, joint venture or representative relationship. You do not have any authority to act on our behalf.
26.6 These Terms are made solely for the benefit of you and us (including our affiliates and subsidiaries) and not for the benefit of any other person or party.
26.7 These Terms apply as a definitive agreement between you and us superseding all prior agreements, if any.
26.8 If you have any questions regarding these Terms, please contact us.
26.9 You have read these Terms. You understand that by clicking "Agree" or another button of the same nature, you are giving an electronic consent that has the same power as a wet signature so that it is not required for paper signing. You agree in good faith that you will not (and will not permit or assist any party to) in any manner or forum in any jurisdiction: a. Object to the validity or raise any objection to the Terms and/or Privacy Policy; b. Defend your non-performance or breach of obligations under the Terms and/or Privacy Policy; and/or c. Declare that these Terms and/or Privacy Policy are contrary to public policy or are not a legal, legal and binding obligation on you that may be imposed against you in accordance with its provisions.
