GENERAL TERMS AND CONDITIONS FOR OTOPODS
This GTC constitutes an agreement between you and PT Energi Indonesia Berkarya (“we”, “our”, “us”) in relation to the procedures for using the Otopods.
By reading and agreeing to this GTC, you also agree to the amendments, additions, replacements to this GTC, as well as other terms and conditions policies set by us from time to time which form an integral and inseparable part of this GTC.
GTC is as follows:
All definitions and terms used in this GTC shall have the following meanings:
1.1 “BANI” means the Indonesian National Arbitration Board, currently located at Wahana Graha 2nd Floor, Jl. Mampang Prapatan No. 2, Jakarta 12760.
1.2 “Dispute” means a dispute, controversy or claim arising out of, or in connection with this GTC.
1.3 “Electric Vehicle Charging Station” or “EVCS” means facilities of charging electrical energy for battery electric vehicle for the public owned and/or managed by us or our partner registered in Otopods.
1.4 “GTC” means this terms and conditions in relation to the procedure for trading and the use of Otopods and its amendments, additions, replacements from time to time.
1.5 “Otopods” means website, application, system, features, technologies provided and maintained by us and used for the purpose as specified in this GTC.
2. USE OF APPLICATION
2.1 Otopods will assist you to find EVCS where you are located. When using the Otopods, you will be notified the nearest EVCS. As such, you are required to activate your location feature in your device.
2.2 After ordering battery recharge through Otopods with the capacity provided in the Otopods, you will be directed to the location you have chosen. When arrive at EVCS, the activation and deactivation of recharging process will be conducted though feature provided in the Otopods.
2.3 You agree to use the Otopods only for the activities under this GTC and will not use the Otopods to carry out actions that are contrary to applicable laws and regulations. In this case, we have the right and authority to monitor your accounts.
2.4 In order to facilitate and support the implementation of activities, we may cooperate with other service providers, including but not limited to other EVCS provider, payment gateway service providers, electronic money service providers.
3. USER ACCOUNTS
3.1 In order to be able to use services in the Otopods, you are required to have an account (“Account”), by fulfilling the following requirements:
a. Be at least 17 (seventeen) years old;
b. Have an Identity Card (KTP) and/or Driving Permit (SIM) for Indonesian citizens, or a passport and identity card issued by the origin country of the Crypto Asset Customer (Permanent Stay Permit Card “KITAP”) or Limited Stay Permit Card (“KITAS”) for foreign nationals;
c. Have an active phone number, electronic mail (e-mail) address; and
d. Other requirements as reasonably required by us for opening your account.
3.2 You warrant that the information provided in connection with the use of the Otopods and for the purposes of procuring this GTC is accurate and complete in all respects.
3.3 We will identify and verify your information to ensure the truth and completeness of the data provided by you and your background or profile. After that we will send you the verification email to complete the registration.
3.4 You can create your own or change the password for your Account by using the features provided on the Otopods.
3.5 The security and confidentiality of your account and information related to your Account are your sole responsibility. In this case, every use, order, and/or order made through the your Account is a valid request from you.
3.6 Your Account can only be used and controlled by yourself. You must immediately notify us in the event that your account is used by another party and/or other violations occur.
3.7 If we, at its sole discretion, suspects that you have committed an unlawful act, violation, crime, and/or other action that is contrary to this GTC and/or applicable laws and regulations or your account has not been used within a certain time, then we may freeze or close your accounts, stop using the Otopods, and take other actions deemed necessary in accordance with applicable laws and regulations.
4. DATA UPDATES AND CHANGES
You are required to update your data registered on the Otopods in accordance with the current conditions by using the features and procedures provided on the Otopods.
5. PERSONAL DATA
6. FEES AND PAYMENT
6.1 No charge will be imposed for downloading the Otopods.
6.2 We may charge platform fees for the use any features or services in the Otopods. If a platform fee is imposed to you, it will be appeared in the Otopods before you make an order.
6.3 Any order or use of EVCS in the Otopods is subject to the rates that you can find before making order. This rate may be changed or adjusted from time to time in accordance with certain factors including prevailing laws and regulations.
6.4 The payment of fees and rates under this GTC shall be made through feature and electronic payment methods provided in the Otopods, subject to the terms and conditions stipulated by the electronic payment provider.
6.5 We may refuse to proceed your request to use such electronic payment method for certain reasons including any indication or we have sufficient reasons to suspect any fraud, breach of this GTC, and violation to prevailing laws and regulations.
7. INTELLECTUAL PROPERTY
7.1 We or our affiliates (as the case may be) are the owners of the Otopods and all intellectual property rights associated with the Otopods.
7.2 You can only use intellectual property rights related to the Otopods as permitted by us in the context of using the Otopods in accordance with this GTC.
7.3 You are not allowed to reproduce, distribute, publicly disclose or in any way exploit the Otopods, intellectual property rights associated with the Otopods, nor any content or information that you can access from the Otopods.
8. RELEASE AND COMPENSATION
You hereby agrees to indemnify and hold us and our affiliates harmless, including but not limited to directors, commissioners, officers, employees, consultants, lawyers, contractors, agents, and our representatives from and against claims, damages, costs arising in connection with (i) violation of this GTC and applicable laws and regulations, (ii) your usage and activity on the Otopods, or (iii) your negligence.
9. LIMITATION OF LIABILITY
9.1 We provide the Otopods as is and does not represent and warrant the reliability, timeliness, quality, suitability, accuracy, completeness or security of the Otopods. Therefore, we are not responsible for any loss, expense and/or damage caused by problems and failures on the Otopods.
9.2 Although we will continue to make reasonable efforts to update any information on the Otopods, we do not represent and warrant that any information on the Otopods is accurate, current and complete in all respects.
9.3 Under no circumstances we will be liable to you in respect of the following losses (whether such losses are foreseeable or known): (i) indirect, incidental, special or consequential losses, (ii) actual or anticipated loss of profits, (iii) lost income, and (iv) lost anticipated savings.
10.1 You agree that every communication with us will be conducted through media and in electronic format. Any communications and notices delivered through the media and in electronic format will be considered as written communications and notices.
10.2 You are required to immediately notify us if there is misuse of your accounts and/or the Otopods, attempted fraud, suspicious activity, or other events that may affect you and us.
10.3 You are willing to receive notifications from us in connection with the use of the Otopods, including but not limited to your accounts and transactions, as well as promotions.
11. CONTACT US
You may contact us to the following address:
Email : [email protected]
Phone : +62-896-8200-8200
All communication and correspondences will be noted, recorded, and stored for our records.
12.1 You agree to keep confidential and not to use, disclose or divulge to any third party or to enable or cause anyone to know any information relating to this GTC, including their implementation (“Confidential Information”). All Confidential Information will only be used for the purposes of this GTC.
12.2 We may disclose Confidential Information to its affiliated companies, directors, boards of commissioners, employees, officers and consultants which is limited to those who need to know Confidential Information provided that we must ensure that the affiliated companies, directors, the board of commissioners, employees, officers and consultants comply with the confidentiality provisions under this GTC.
12.3 The obligation of confidentiality under this GTC does not apply to information that:
a. is public knowledge or already known to the recipient of the Confidential Information at the time of disclosure;
b. then it becomes public knowledge apart from the violation of this GTC;
c. then legally obtained by the recipient of the Confidential Information from a third party.
12.4 The obligation of confidentiality under this GTC will continue after the termination of this GTC.
13. APPLICABLE LAW AND DISPUTE SETTLEMENT
13.1 This GTC is governed and construed based on the laws of the Republic of Indonesia.
13.2 Any Disputes must be resolved amicably. In the event that the Dispute cannot be resolved amicably, the Dispute will be resolved through arbitration in Jakarta, using Indonesia language in accordance with the applicable BANI arbitration regulations.
13.3 The arbitral tribunal consists of 1 (one) arbitrator appointed by the Chairman of BANI.
13.4 The arbitral award is final and binding (For this purpose, each party hereby waives all rights under the law in any jurisdiction to appeal the arbitral award), and may be used as the basis for a decision in Indonesia or elsewhere. another place.
13.5 Neither party shall have the right to initiate or bring any action in court relating to the Dispute until the matter is determined by arbitration and only for the enforcement of the arbitral award given.
14. FORCE MAJEURE
Our responsibilities and obligations under this GTC as well as the use of the Otopods may be disrupted due to circumstances occurring beyond our authority and control, including but not limited to unexpected national labour conflicts, acts of God, earthquakes, requests, confiscations, commands, public decrees, riots, rebellions, telecommunications disturbances, power failures. You hereby agree to indemnify and hold us harmless from and against any claims, damages, and costs incurred in connection with the interruption of the implementation of our responsibilities and obligations under this GTC and the use of the Otopods as a result of force majeure. We have the right and authority to stop the Otopods including its activities in the event of force majeure.
15.1 You must comply with all applicable laws and regulations, and must bear all costs and taxes incurred in connection with the implementation of this GTC in accordance with applicable laws and regulations.
15.2 In the event of any conflict between this GTC and other agreements, policies, terms and conditions in relation to the use of the Otopods, this GTC shall prevail.
15.3 You may not assign any rights and obligations in this GTC, either partially or wholly, to any party without our prior written approval. However, we may assign any rights and obligations in this GTC, either partially or completely, to any party without prior written consent from you or written notification to you.
15.4 You understand and agree that this GTC, documents and notices in relation to the Otopods are made in electronic form. Therefore, you will not file a claim or objection in any form regarding the existence and enforceability of this GTC, documents and notices made electronically.
15.5 Any express or implied waiver of any rights or waivers to you does not constitute a continuing waiver of waived rights or waivers or a waiver of any other rights or waivers.
15.6 If any provision of this GTC is held to be invalid or unenforceable by a judicial or other competent authority, then the other provisions of this GTC will remain in full force and effect and will not be disturbed in any way.
15.7 This GTC remain in effect after the termination, closure or suspension of the Otopods either temporarily or permanently.
15.8 This GTC is made in English language and Indonesian language. If there is a conflict or inconsistency between the English language version and the Indonesian language version, the Indonesian language version will prevail.
1. INFORMATION WE COLLECT
We will collect the following information (“Information”) from you:
a. information that could identify you including but not limited to your name, age, gender, phone numbers, location, email, password, financial information or other relevant information, biometric information (including face recognition), internet protocol address;
b. Information automatically collected from your device and any devices and vehicles used in relation to the services we provided in the Otopods;
c. Other information collected in various forms and purposes as permitted by prevailing laws and regulations.
2. THE USE OF INFORMATION WHICH WE HAVE COLLECTED
We may use Information we collected for any of the following purposes as well as for such other purposes as are permitted by prevailing laws and regulations:
a. to identify you and to register you as a user, as well as to administer, manage, or validate your Account;
b. to process and facilitate orders and payment transactions made by you, including transactions conducted using payment systems and services offered over the Otopods, as applicable;
c. to provide you the information on the Otopods and how to use it;
d. to evaluate, analyse, and improve our products and services We analyse your accounts using aggregated data and alter our products and services accordingly. We also process your Information to compile analytics report for internal development purposes;
e. to connect with you and send you information, including updates to the Otopods or changes to the manner in which the services are to be provided; and
f. to send you direct marketing and promotional communications and information on special offers or promotions if you have given your permission to do so. You may unsubscribe from these communications at any time if you do not wish to receive them.
3. SHARING OF PERSONAL INFORMATION WHICH WE COLLECT
We may disclose to or share your Information with affiliates and other parties for any of the following purposes as well as for such other purposes as are permitted by prevailing laws and regulations (although we will in each such case always act reasonably and disclose or share no more Information that what is required for the particular purpose):
a. in accordance with the prevailing laws and regulations, for the purpose so specified in that prevailing laws and regulations; or in accordance with any other request, order, directive or other instruction from a governmental authority;
b. for the purpose of any legal proceeding between you and us, or between you and another party, in connection with, or relating to the Otopods, for the purposes of that legal proceeding;
c. where we share your Information with third parties, such as our information technology partners for the purposes of technical and operational maintenance; payment service providers for the purpose of payment process made through the Otopods; and marketing service providers for the purpose of personal data storing in databases that are used for marketing purposes; and
4. INFORMATION SECURITY
We have taken adequate safeguards to ensure the confidentiality and security of your Information. We have implemented appropriate technical, physical and organizational safeguards to protect personal data from unintentional or unlawful destruction or accidental loss, damage, alteration, unauthorized disclosure, or access, as well as all other forms of unlawful processing (including, but not limited to, unnecessary collection) or further processing.
5. RETENTION OF INFORMATION
Your Information will only be held for as long as it is needed to fulfil the purpose for which it was acquired, or for as long as current prevailing laws and regulations demand or authorize such retention. As soon as it is reasonable to assume that the purpose for which the Information was collected is no longer by retention of Information and retention is no longer necessary for legal or business purposes, we will cease to retain the Information, or remove the means by which the information can be associated with you as an individual.
7. ACKNOWLEDGMENT AND CONSENT
8. HOW TO CONTACT US
Email : [email protected]
Phone : +62-896-8200-8200