OFFER ON THE USE OF THE SERVICE "SAFE DEAL"
This document is an official offer of PT Dewata Global Group, hereinafter referred to as the "Company" (NPWP16: 0618 1530 8490 6000), on the basis of which the Company offers the User to conclude an agreement on the use of the "Safe Transaction" Service (hereinafter referred to as the "Agreement", "Offer" ) under the conditions below.
Full and unconditional acceptance of the Offer is the performance by the User of the actions provided for in clause 2.1. of the Offer, from that moment the User is considered to have entered into an Agreement with the Company on the use of the "Safe Transaction" Service on the terms and conditions set forth in the Offer. The Agreement is legally binding under the Indonesian Civil Code and is equivalent to the contract signed by the Company and the User.
By accepting the Offer, the User confirms that he is an individual, acts in good faith, voluntarily and reasonably within his legal capacity (capacity), over the age of 18, has no obstacles to accepting this Offer, carefully read the Terms of Use of the Service and this Offer before using the Service and fully understands their meaning and meaning. In case of disagreement with the terms or misunderstanding of the terms of the Offer, the User must refuse to use the Service. The Company has the right at any time to require the User to provide information and documents confirming the rights and powers, as indicated above.
1. Terms and definitions
Acceptance - full and unconditional acceptance of the terms of the offer by performing actions by the User expressing his intention to use the "Safe Transaction" Service specified in this Offer. Refund of Payment, Cancellation - an operation to return to the Buyer the funds transferred to the Company's account to fulfill obligations to the Seller under the Transaction. Refund may be initiated by the Buyer if the Buyer refuses to receive the Goods, or by the Seller (with the consent of the Buyer) if it is impossible for the Seller to fulfill the Buyer's Order.
Remuneration - remuneration to the Company for providing the "Safe Deal" Service.
Payout - an operation to transfer funds in order to terminate the obligations of the Company to the Seller for the transfer of funds accepted in the framework of ongoing Transactions.
Order - the implementation by the Buyer of actions through the Personal Account, recorded as a Transaction between the Seller and the Buyer.
Conclusion of the Transaction - the presence in the Service of the Confirmation of the transaction by both the Buyer and the Seller.
Card - a payment card, an electronic means of payment intended for transactions with funds held by the issuer, in respect of which funds are debited and credited.
Commission - the Operator's commission for the transfer of funds within the framework of the "Safe Transaction" Service.
The Сompany - PT Dewata Global Group, NPWP16: 0618 1530 8490 6000, which owns the rights to the Service.
Personal Account - personal pages of the User within the Service. In the space of the Personal Account, Users can conclude Transactions, receive information on the created Transactions, perform actions on Transactions.
Announcement - the Seller's offer posted on the Website for the sale of a certain Product, indicating the necessary and reliable information about the Product, which ensures that the Buyer can choose it correctly.
Payment Service Operator, Operator - is the Company, for the transfer of funds - PT Dewata Global Group (NPWP16: 0618 1530 8490 6000).
Payment - depositing funds by the Buyer under the Transaction through the Payment Services.
Payment System, PS - international payment systems "VISA", "MasterCard", "PayPal", "Advanced Cash", "Perfect Money", international money transfer system SWIFT.
Payment services - the services of the Operator for the transfer of funds for the purpose of making settlements between the Buyer and the Seller under the Transaction, as well as services for linking and storing bank card data to User Accounts.
Claim - a reasoned refusal of the Buyer from the goods of the Seller through the Site.
Buyer - a User who uses the Service to obtain information about the Goods and Services sold by the Sellers, as well as information about the Sellers themselves; as well as a person who intends to conclude or has already concluded a Transaction in the manner and under the terms of this Agreement.
User - a person who has an account in the Service and uses the Service in accordance with
Terms of use of the Service for the conclusion and execution of transactions on the terms of "Safe transaction".
Seller - a User who has placed an Advertisement in the Service, addressed to an unlimited number of Users of the Site, in order to transfer the goods to the Buyer within the Service.
Site - an automated information system available on the Internet at the address (including subdomains): dewataglobal.com, a set of software and hardware for computers, as well as design and other elements that ensure the operation of the Service on the Internet. All exclusive rights to the Site (and its individual elements) belong to the Company.
Deal - an electronic transaction created by the User through the Personal Account, which contains a description of the terms of the agreement between the Buyer and the Seller. When creating a Transaction, the User must fill in the required and additional fields.
Service - a set of services provided by the Company, to which Users are provided with access using the Site.
Creation of a Transaction - the actions of the User in the Personal, aimed at saving the terms of the Transaction in the Service. Such actions can be: the User filling out the form for creating a Transaction in the Personal Account, selecting a Transaction as a payment method for the Order placed by the Buyer on the Site, and other similar actions.
Product - a material object (thing) owned by the Seller, in respect of which the Seller places an Advertisement in the Service, which is the subject of the Transaction.
Service – an action (provided by order) carried out by the Seller, in respect of which the Seller places an Announcement in the Service, which is the subject of the Transaction.
Account - a unique identifier of the User, including details and a password for accessing the Personal Account.
1.2. This Offer may use terms and definitions not defined in clause 1.1. In this case, the interpretation of such a term is made in accordance with the text of the Offer. In the absence of an unambiguous interpretation of the term in the text of the Offer, one should be guided by the interpretation of the term, defined: first of all - by the current legislation, then - by the prevailing (common) on the Internet.
2. General provisions
2.1. This Offer is considered accepted by the Party, and this Agreement is concluded from the moment the relevant actions are performed:
2.2. By the User at the time of creating a Transaction in the Personal Account or by the Buyer when paying.
2.3. On the terms and in the manner established by this Offer, the Company, for a Reward, provides Users with the opportunity to use the Service and performs the following activities:
2.4. Creation and maintenance of Transactions formed on the basis of information about the Orders placed by the Buyer on the Site;
2.5. Acceptance of Payments under Transactions and making Payments to the Sellers with the involvement of the Payment Service Operator;
2.6. Showing the Seller's Advertisements by posting (publishing) on the Site;
2.7. Creation and processing of Orders in the System, formed from the Advertisements of the Seller.
2.8. Performing other procedures in order to create conditions for the interaction of the Parties within the scope of the Service.
2.9. The Payment Service Provider accepts payments from the Merchant on behalf of the Company. The receipt of funds to the Company's account on behalf of the Buyer is recognized as the fact of fulfillment of the Buyer's obligations to the Seller in terms of payment for the Transaction.
2.10. When concluding a Transaction, the Buyer enters into a direct contractual relationship with the Seller, from whom the Buyer purchases a product or service. The Company is not a party to the Transaction or a representative of one of the Users. All Transactions made between Users are concluded and executed without direct or indirect participation of the Company.
2.11. The Company is not a party to the Transactions concluded between the Users and is not responsible for the proper execution of the Transaction by the Users.
2.12. The Service does not bear any responsibility for the execution of the contract and other related documents necessary to complete the Transaction. The Company does not verify documents confirming the occurrence of grounds for the transfer of property. Responsibility for the content of the contract, the correctness of the specified details, lies entirely with the Buyer and the Seller.
3. Use of the Company Service
3.1. Users use the Service at their own will, fully aware of the goals and consequences. Service, functionality and design are provided in the proper form in accordance with applicable law and generally accepted business practices.
3.2. Users are responsible for their own actions related to the creation of a Personal Account and the placement of information in it.
3.3. The Company provides the technical possibility for its use and is not responsible for the information posted by the User in the Personal Account.
3.4. The Company has the right to change the appearance of the Service and its functionality at any time without prior notice to anyone.
3.5. The Company is not responsible for the User's failure to properly comply with the provisions of this Offer.
3.6. The Company has the right to change this Offer unilaterally by posting a new version on the Site, or by a notification in the Personal Account, or by sending a message to the contact details specified during registration in the Service.
3.7. The Company takes all possible measures for the normal functioning of the Service, promptly ensuring its performance in the event of any failures and interruptions.
3.8. The Company does not control, including through the use of software forms in the Service, and is not responsible for the Users agreeing on all the essential terms of the Transaction. Users are advised to agree on the most detailed description of the Goods or Services, the terms of its transfer (delivery) or execution and other terms of the Transaction.
3.9. Settlements under the Transaction are made using the Payment service provided by the Operator, taking into account the collection of the Commission provided for by the Payment service.
3.10. When Users use the Service to conclude and execute a Transaction, the Company carries out information and technological interaction between the Seller, the Buyer and the Operator in order to provide Payment Services by the Payment Service Operator. The transfer by the Company to the Operator of information for the purpose of providing the Payment Service by the Operator is carried out in the manner and in the cases provided for by these Rules.
3.11. The Company reserves the right to unilaterally refuse to create and / or process a Transaction for Users in cases of violation of Indonesian law, violation of the terms of this Offer, violation of the rights of third parties, etc. In this case, the Company informs the parties about the decision made by sending messages to their email, the safe Transaction itself is canceled and the funds are returned to the Seller minus the Service Fee.
4. Procedure for conducting a Transaction and making settlements
4.1. To use the Company's Service through the Personal Account, the User must go through the registration procedure and create an Account.
4.2. The terms of the Transaction concluded between the Seller and the Buyer are formed through the Personal Account.
4.3. Confirmation of the Transaction by the Buyer is recognized as the Buyer's acceptance of the Seller's offer to conclude the Transaction on the conditions specified in the Transaction.
4.4. After the Conclusion of the Transaction, the Buyer makes the Payment for the Transaction. Settlements within the Service under a Transaction concluded between Users are made using the Payment Services provided by the Operator.
4.5. Payment processing (including entering the card number) takes place on a secure page of the processing system owned by the Operator, which has passed international certification. The payer's confidential data (card details, registration data, etc.) are not received by the Company, their processing is fully protected and no person, including the Company, can receive the payer's personal and banking data.
4.6. When working with card data, the information security standard developed by the international payment systems Visa and MasterCard - Payment Card Industry Data Security Standard (PCI DSS) is used, which ensures the safe processing of the details of the Holder's Bank Card. The applied data transfer technology guarantees the security of transactions with bank cards through the use of Secure Sockets Layer (SSL), Verified by Visa, Secure Code, and closed banking networks with the highest degree of protection.
4.7. When creating and confirming a Transaction, the details for receiving payment and generating payment orders must be specified, as well as an agreement between the participants in the Transaction. The details specified by the parties in the agreement must match the details specified in the Service.
4.8. After confirmation of the Transaction by both parties, the party, which is the Buyer, proceeds to payment.
4.9. The Operator transfers funds received from the Buyer based on the instructions of the Company. These instructions are transmitted by the Company in accordance with the terms of this Offer.
4.10. The Operator may establish special rules and restrictions regarding the use of the Payment Services. In the event that the parameters of the Transaction conflict with the restrictions set by the Operator, the User may be denied the use of the Payment Services and the execution of the Transaction within the Service.
4.11. The funds transferred to the Operator of the Service attracted by the Company for the implementation of the Transaction shall not accrue and shall not be subject to payment of interest for the use of other people's funds. These funds are not unjust enrichment of the Company.
4.12. The Buyer and the Seller agree that the funds after the Transaction Payment are recorded on the Operator's account until the Company receives information about the possibility of transferring to the Seller's address or the need to return the funds to the Buyer.
4.13. The return of funds to the Buyer within the framework of the Service is carried out minus the Commission of the Company for the Transaction only to the bank card with which the Buyer made the Payment for the relevant Transaction. To do this, the Company, within 3 (three) business days, sends the Operator an order to cancel the authorization on the Buyer's card or to conduct a refund operation. The Parties are notified that the actual term for the return of funds to the Buyer's bank card depends on the issuing bank of the Buyer's bank card and, in accordance with the rules of the International Payment System (IPS), can be up to 30 (thirty) calendar days.
4.14. If it is not technically possible to return funds to the Buyer's bank card, it is allowed to return the payment (or part of the payment) at the request of the Buyer to the bank details of an individual in a bank registered in Indonesia. The bank details specified in the application must contain the current account of an individual, the indication of deposit or credit accounts, as well as the indication of accounts of credit companies (accounts of incomplete settlements and the like) are not allowed.
4.15. Payment information for the Transaction is displayed in the Personal Account.
5. Rights and obligations of the User placing the Advertisement
5.1. The Seller assumes responsibility to the Buyer for the execution of sales transactions executed in the Personal Account in the form of a Transaction.
5.2. The seller undertakes:
5.3. Trade Goods and provide Services permitted for sale via the Internet in accordance with the laws of Indonesia;
5.4. Not to make transactions in the System for the purpose of receiving payments without the purpose of providing the Goods or Services to the Buyer;
5.5. Provide reliable information about the Seller (full name, bank details, location address and address for sending postal correspondence, phone number, e-mail address).
5.6. Comply with the terms of the Transactions concluded with the help of the Company's Website.
5.7. The Seller is responsible to the Buyers for the quality of the Goods sold or the Services rendered. After the completion of the Transaction and the payment, the Seller independently settles with the User all issues related to the return of the Goods or the poorly rendered Service and funds.
5.8. The seller agrees:
- with a reduction in the amount of payment under the Transaction commensurate with the cost of the Goods not sent, not handed over, returned to the Buyer;
- accept and repay the costs associated with the payment of the Company's Remuneration, commission to the Operator in accordance with the conditions agreed with the Buyer.
5.9. The Seller independently controls the completeness and timeliness of payments made by the Company by checking the calculations and the amounts received on the account. In the event that any discrepancies are identified during the inspection, the Seller undertakes to immediately notify the Company of such discrepancies in writing.
5.10. The Seller undertakes to reimburse the Company for the amounts of canceled and invalid transactions withheld from the Company by the Operator or the settlement bank, if these transactions relate to Transactions for which the Company has previously made payments in favor of the Seller.
5.11. The Seller undertakes to reimburse, within 180 calendar days from the date of termination of the Agreement, the Company in full any amount of fines, fees and penalties claimed and / or collected from the Company by the Operator, Payment systems, settlement bank and / or judicial, law enforcement agencies and / or other authorized bodies, if such payments arose from the Company in connection with violations of the Offer and/or Indonesian law by the Seller.
5.12. The Seller undertakes to reimburse the amounts specified in clause 5.7 of the Offer no later than 10 (ten) business days from the date of receipt of the request from the Company, and also agrees with their deduction by the Company when making Payments.
5.13. The Seller undertakes, within 3 (three) working days, to provide the Company, upon his request, by e-mail with copies of supporting documents on the delivery of the Goods or the provision of the Service by the Seller to the User under the Transactions.
6. Procedure for concluding and executing a Transaction
6.1. The description of the Goods, the price, method and conditions for the transfer of the Goods, as well as other terms of the Transaction, are indicated by the Seller in the Announcement.
6.2. Prior to placing an Order and concluding a Transaction, the Buyer undertakes to carefully read the description of the Goods or Services, the terms of transfer or performance, other terms of the Transaction specified by the Seller in the Announcement. The Buyer has the right to contact the Seller in order to clarify the terms of the Transaction. Placing an Order means the Buyer's consent to all the terms of the Transaction specified in the Announcement.
6.3. After reading all the terms of the Transaction, the Buyer places an Order in the manner prescribed in the Personal Account, indicating the necessary information, as well as making payment for the Order in a special secure interface of the Operator. The order is considered to be placed after successful payment and reservation by the Operator of the Buyer's funds.
6.4. The execution of the Order by the Buyer is recognized as the sending by the Buyer to the Seller of an offer to conclude a Transaction on the terms of the Order. Information about the order placed by the Buyer is immediately transferred to the Seller in the ways provided by the Service.
6.5. The transaction is considered concluded from the moment the Seller accepts the Buyer's proposal to conclude the Transaction in the prescribed manner.
6.6. If before the expiration of the period set for the Seller to accept the Buyer's offer to conclude a Transaction, the Seller refused to conclude the Transaction through the Personal Account or the Seller did not confirm his consent to conclude the Transaction in the prescribed manner, the Transaction is not considered concluded. In this case, the Company transfers to the Operator the information that is the basis for the Operator to return the payment under the Transaction to the Buyer.
6.7. After the Seller accepts the Buyer's offer to conclude a Transaction in relation to the Goods or Services, the Parties independently agree on the date, time and place of the transfer of the Goods or the provision of the Service.
6.8. The maximum period for receipt of the Goods or Services by the Buyer may not exceed 30 days from the date of conclusion of the Transaction (hereinafter referred to as the “Maximum Period”).
6.9. The risk of accidental loss or damage to the Goods until it is received by the Buyer shall be borne by the Seller.
6.10. After the transfer of the Goods to the Buyer or the provision of the Service to the Buyer, the Seller informs the Company about the transfer of the Goods or the provision of the Service.
6.11. After receiving the Seller's message about the transfer of the Goods to the Buyer or the provision of the Service to the Buyer, the Company sends the Buyer a request to confirm receipt of the Goods or the rendered Service that complies with the terms of the Transaction. The Buyer is obliged within 48 (forty-eight) hours from the receipt of the Company's request to confirm the receipt of the Goods or the provision of the Service of good quality or open a dispute in the manner prescribed by Section 7 of these Rules.
6.12. If, within the Maximum Term, none of the parties to the Transaction informed the Company about the status of the transfer of the Goods or the provision of the Service (did not report or open a dispute), the Transaction is considered terminated, and the Company transfers to the Operator the information that is the basis for the Operator to return the payment to the Buyer by Deal.
7. The procedure for consideration by the Company of disputes and claims of Users
7.1. In the event that the User has any claims regarding the services provided by the Company within the framework of the Service, or a dispute between the Seller and the Buyer related to the fulfillment by the Users of their obligations under the Transaction, the User has the right to apply to the Company in order to resolve these claims and disputes by sending an appropriate message (hereinafter - "Appeal") to the Company in the manner prescribed by this Offer.
7.2. Users have the right to send an Application to the Company through the Personal Account.
7.3. In order to identify the User, the Company may request the full name, series and number of the passport, a scanned copy of the passport, email address and phone number of the User.
7.4. The appeal must contain a description of the problem, documents confirming the position of the User, and other documents related to the subject of the Claim. The Company has the right to request from the User other documents and information necessary for the consideration of the Application (including, without limitation, the conclusion of an independent examination, if such is necessary for the consideration of the application).
7.5. In order to pay compensation to the User (in cases provided for by the legislation of Indonesia and the Agreement), the Company may request information about the details of the User's bank account.
7.6. If the User fails to provide the documents and information requested by the Company, the Company has the right to consider the User's Application without taking into account such documents or suspend consideration of the Application until the User provides the necessary documents or information.
7.7. Users agree that the Seller and the Buyer will make every effort to resolve the dispute as soon as possible and thereby undertake to provide all documents and information necessary to resolve the dispute to the Company within a reasonable time.
7.8. During the consideration of the Dispute, the Company has the right to apply to all Parties in order to clarify the circumstances of the dispute between the Users and obtain the necessary documents or information. In the event that the Company considers a dispute between the Seller and the Buyer, each of the Users has the right to provide arguments and evidence of the proper fulfillment of their obligations under the Transaction. Based on the results of consideration of the Dispute on the basis of the available documents and arguments, the Company makes a decision in which, if necessary, determines the party responsible for paying the costs of the Transaction.
7.9. Users accept and agree that the decision made by the Company following the consideration of the Dispute between the Seller and the Buyer may serve as the basis for settlements between Users within the framework of Payment Services (return of funds to the Buyer or transfer of funds to the Seller).
7.10. Re-consideration of the dispute (review, appeal, etc.) is not performed by the Company.
7.11. If a decision is made to transfer and / or return funds, the Company transfers the relevant information to the Operator for transferring to the Seller and / or returning the payment under the Transaction to the Buyer.
8. Payment of Remuneration and Commission
8.1. The Company carries out activities within the framework of the "Safe Deal" Service for the Remuneration provided for in the relevant section of the Site.
8.2. The Operator has the right to charge a fee from the payment for the provision of services to the Company and the implementation of settlements using the Cards by making money transfers on behalf of the Company. The payee confirms that he is familiar with and fully agrees with the amount of the Operator's Commission set by the tariffs.
8.3. The Parties agree that the Operator withholds the amounts of the Commission (subject to its collection) from the payment amount to be transferred by the Operator in favor of the Buyer on the basis of the Transaction.
8.4. In fulfillment of monetary obligations under the Transaction to the Company, the Operator undertakes to make a transfer of funds from the payment amount in favor of the Company in the amount of the fee stipulated by the agreement between the Operator and the Company.
8.5. The payee shall provide the Service Operator with information about the amount of the fee at the time of making the Payment.
8.6. The Buyer, if applicable under the laws of Indonesia, shall pay all necessary taxes, fees and charges due in connection with the receipt of funds and shall bear the corresponding risks and liability in case of non-payment.
9. Personal data and confidential information
9.1. By accepting this Offer, Users give their unconditional consent to the processing, storage and transfer (including transfer to third parties engaged by the Company to provide the Service) of personal data provided in connection with the use of the Service in full compliance with the Personal Data Processing Policy of the Service.
9.2. The Parties undertake not to disclose information received during the execution of the Agreement that is confidential for each of the Parties. Confidential information in this Offer means information that is not publicly available, the disclosure of which may lead to losses and / or affect the business reputation of any of the Parties, including information about Users, amounts and volumes of Transactions.
9.3. Information specified in clause 9.2. of this Offer may be provided only in the manner prescribed by the laws of Indonesia.
10. Final provisions
10.1. This Offer is governed by the current legislation of Indonesia.
10.2. If any disputes and disagreements arise between the Company and the Users, these disputes and disagreements are subject to settlement through negotiations between the parties. In the event that the disputes or disagreements that have arisen have not been resolved through negotiations, these disputes and disagreements shall be resolved in accordance with the provisions of the current legislation of Indonesia.
10.3. The Company has the right to terminate the Agreement in the manner prescribed by the laws of Indonesia, with notification of the User through the Service, by e-mail or otherwise.
10.4. The Agreement may be terminated early at the initiative of the User by contacting the User to the Company in the manner prescribed by this Offer.
10.5. The Agreement is considered concluded on the terms of this Offer from the moment the User performs actions aimed at Accepting this Offer.