Terms of Use

1        ACCEPTANCE OF TERMS

1.1  This Agreement sets out the terms and conditions of your access to the website (“Anak Indonesia Platform”) through which you may access the services (“Anak Indonesia Services”) offered by Anak Indonesia Pte. Ltd. (“A.I.”, “Anak Indonesia”, “us” or “we”) and its affiliates. This Agreement is made between you and us for your use of the Anak Indonesia Platform, since the Anak Indonesia Platform is owned by Anak Indonesia Pte. Ltd. (A.I.). You acknowledge that you have read this Agreement prior to your use of the Anak Indonesia Platform. If you do not accept all of the terms and conditions, please do not continue with the registration process.

2        REGISTRATIONS

2.1  If you have already signed up for an account with Anak Indonesia Pte. Ltd., you may use the same username and password to log into the Anak Indonesia Platform. If you are not a member of Anak Indonesia Pte. Ltd., you need to register with Anak Indonesia and create an Anak Indonesia Account. By choosing to register with Anak Indonesia, you hereby authorise us to collect and use the account information (which may include personal information such as the real names, dates of birth, identification card or passport numbers, residential addresses, email addresses, phone numbers, etc. of company officers, representatives, shareholders, and board directors, etc. (“Personal Information”). You are responsible for providing accurate registration information and for keeping your registration information up to date in the event of changes. We may verify your registration information and such other information as deemed appropriate by us. You agree to provide all necessary information and render all reasonable assistance and cooperation that we may require in order to complete the verification. The information you provide will be used to determine if you are eligible to begin and/or continue to use the Anak Indonesia Services. We reserve the right to limit or suspend your access to Anak Indonesia Services in the event we are unable to obtain or verify your information.

3        USERNAME AND PASSWORD

3.1    You shall be solely responsible for:
        3.1.1    maintaining the confidentiality of your username and password;
        3.1.2    all transactions and activities that occur under your username and password; and
        3.1.3    any and all consequences of use or misuse of your username and password.
3.2    Your username and password are unique to your use of the Anak Indonesia Platform, and you shall not share, assign or permit the use of your username and password to other persons. You acknowledge that sharing of your username and password with other persons may cause irreparable harm to us or our affiliates and you shall indemnify us or our affiliates against any loss or damages suffered by us or our affiliates as a result of such use. If other persons access the Anak Indonesia Platform using your username and password, we will treat this as if you have authorised such use and you will be responsible for any transactions and fees incurred by such use. You undertake to notify us immediately of any unauthorised use of or access to the Anak Indonesia Platform or any other breach of security.
3.3    If you are a business entity, you agree that all officers, employees, agents, representatives and others having access to the username and/or password have been duly authorised by you to access the Anak Indonesia Platform on your behalf and to legally bind you

4        YOUR RESPONSIBILITIES

4.1    You will use the Anak Indonesia Platform in good faith and in compliance with all applicable laws and regulations.
4.2    The information and material you provide in connection with the use of the Anak Indonesia Platform is true, lawful and accurate, and is not false, misleading or deceptive.
4.3    You shall not use the Anak Indonesia Platform to defraud us, our affiliates or other members or users, or Service Providers, or engage in other unlawful activities (including without limitation dealing in products or services prohibited by law).
4.4    You shall not use the Anak Indonesia Platform for any illegal activities or in a manner that may result in complaints, disputes, claims, penalties or other liability to us, other users or third parties or may be regarded as an abuse of the Anak Indonesia Platform.
If you suspect that your account has been compromised in any way, please contact us immediately.
4.5    If we, in our sole discretion, believe that you may have engaged in the above restricted activities, we may suspend or restrict your access to the Anak Indonesia Platform, or terminate this Agreement and refuse to provide access to the Anak Indonesia Platform to you.  We may also place a hold on your balance in your Anak Indonesia Account if reasonably needed to protect against the risk of liability or take legal action against you.

7        INDEMNIFICATION

You agree to indemnify Anak Indonesia Pte. Ltd. and our affiliates and our employees, directors, officers, agents and representatives and to hold them harmless, from any and all losses, damages, actions, claims and liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, from your use of the Anak Indonesia Platform or from your breach of this Agreement. Anak Indonesia Pte. Ltd. reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Anak Indonesia Pte. Ltd. in asserting any available defences.

8        SUSPENSION OR BREAKDOWN OF SYSTEMS

If you are unable to use the Anak Indonesia Platform as a result of improper operation of the systems due to any of the following reasons, you agree you will not hold Anak Indonesia Pte. Ltd. and our affiliates liable for:
a) System suspension which has been announced by A.I. in advance; or
b) Failure in data transmission and system operations due to Force Majeure Event. For the avoidance of doubt,  “Force Majeure Event” means an event that is not foreseeable, the consequence of which cannot be prevented or avoided and beyond the reasonable control of A.I. other than due to its fault or negligence, which includes, without limitation to, acts of god, fire, computer virus, defect in design of instrumental software, attack by hacker, change in laws or policies, major outages of a telecommunication carrier’s network connections, interface incidents of partner banks and financial institutions, gateway incidents of mobile carriers, unexpected incidents resulting from changes in users’ systems, unexpectedly large increases in traffic volume, and governmental authority intervention that results in the seizure or confiscation of platform or systems, in each case to the extent used in or necessary for the availability of the A.I. Platform and only to the extent such event(s) are beyond the control of the affected Party and only for as long as such event(s) persist.

9        DISCLAIMER AND LIMITATION OF LIABILITY

9.1    You agree that all risks arising from your use of the A.I. Platform will be borne by you. A.I. makes no warranty regarding the A.I. Platform under this Agreement, including but not limited to:
        9.1.1    the A.I. Platform features will meet your requirements;
        9.1.2    the A.I. Platform availability will be uninterrupted, timely or error free; or
        9.1.3    any products, information or material obtained by you in connection with the A.I. Platform will meet your requirements;
9.2    Except as expressly provided in this agreement and to the full extent permitted by law, the A.I. Platform is provided "as is", "as available" and “with all faults”. All such warranties, representations, conditions, undertakings and terms, whether express or implied, are hereby excluded.
9.3    To the full extent permitted by law, A.I. and our affiliates shall not be liable for any indirect, consequential, incidental, special or punitive damages, including without limitation damages for loss of profits or revenues, business interruption, loss of business opportunities, loss of data or loss of other economic interests, whether in contract, negligence, tort or otherwise, arising from your use of or inability to use the A.I. Platform. Notwithstanding anything in this Agreement to the contrary, A.I.’s cumulative liability, including for claims, expenses, damages or indemnity obligations under or in connection with its obligations under this Agreement and with respect to A.I. Services, your use of A.I. Platform by virtue of being a member of A.I. and validly under agreement with A.I., will not exceed the lesser of the total fees payable by you to A.I. for A.I. Services and for access to A.I. Platform provided in the calendar months (up to six (6) complete calendar months) preceding the date of the event giving rise to the claim upon which liability is based.

10        ANTI- MONEY LAUNDERING AND ANTI TERRORIST FINANCING POLICY

Anak Indonesia is committed to anti money laundering and anti-terrorist financing with applicable laws and requires all staff to adhere to standard and in accordance to Financial Action Task Force (FATF) and Monetary Authority of Singapore (MAS regulations)By signing up, you agree to abide by and comply with all relevant anti money laundering laws and regulations, including the Payment Services Act (PSA) in Singapore. You, as the user, also agree to comply with any new and additional anti-money laundering laws or regulations.

11        CHANGE OF LAW    

If A.I. or its affiliates reasonably conclude that any change in any applicable law, including but not limited to any applicable government authority’s ruling, notice, policy or guidance (“Change in Law”) requires, or will require, A.I. or its affiliates to incur material incremental costs to comply with the change, or will prohibit A.I. or its affiliates from performing material obligations under this Agreement, then A.I. will modify any provision of this Agreement as may be necessary to enable A.I. or its affiliates to comply with the Change in Law, as applicable. Notwithstanding anything contrary in this Agreement, in the event that any Change in Law requires A.I. to terminate this Agreement immediately, A.I. has the right to terminate the Agreement immediately by written notice to you.

12        JURISDICTION AND CHOICE OF LAW

This Agreement shall be governed by the laws of Singapore without regard to conflict of law principles. You irrevocably consent to any dispute or claim arising from or in connection with this Agreement or your use of the A.I. Platform, the relevant parties shall resolve such dispute through amicable negotiations. If such dispute is still not resolved, such dispute between you and A.I. shall be finally resolved by arbitration with the Singapore International Arbitration Centre (“SIAC”). If any dispute is submitted to the SIAC for arbitration, the arbitration shall be conducted in accordance with the rules of the SIAC in force at the time of applying for arbitration as amended by this clause. The arbitration panel shall consist of one single arbitrator. Unless the parties agree otherwise, the arbitration shall be conducted in English and in Singapore. The arbitration award rendered by the SIAC shall be final and binding on all the relevant parties.

13        GENERAL PROVISIONS

a. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall be enforced.
b. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
c. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
d. Any failure by A.I. to exercise any of our rights under this Agreement shall not constitute a waiver of such right or a waiver with respect to subsequent or similar breach. A waiver shall be effective only if made in writing.
e. A.I. shall have the right to assign this Agreement (including all of our rights, titles, benefits, interests, and obligations and duties in this Agreement) to any of our affiliates and to any successor in interest. A.I. may delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties. You may not assign or delegate, in whole or part, this Agreement to any person or entity.