This GTC constitutes an agreement between you as an individual, business entity, legal entity and PT Energi Indonesia Berkarya (“we”, “our”, “us”) in relation to the procedures for using PT Energi Indonesia Berkarya.
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 PT Energi Indonesia Berkarya.
1.4 “GTC” means this terms and conditions in relation to the procedure for trading and the use of PT Energi Indonesia Berkarya and its amendments, additions, replacements from time to time.
1.5 “PT Energi Indonesia Berkarya” means website, application, system, features, technologies provided and maintained by us and used for the purpose as specified in this GTC.
2.1 PT Energi Indonesia Berkarya will assist you to find EVCS where you are located. When using PT Energi Indonesia Berkarya 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 PT Energi Indonesia Berkarya with the capacity provided in PT Energi Indonesia Berkarya, 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 PT Energi Indonesia Berkarya.
2.3 You agree to use PT Energi Indonesia Berkarya only for the activities under this GTC and will not use PT Energi Indonesia Berkarya 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.
3.1 In order to be able to use services in PT Energi Indonesia Berkarya, 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 PT Energi Indonesia Berkarya 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 PT Energi Indonesia Berkarya.
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.
3.5 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.
3.6 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 PT Energi Indonesia Berkarya, and take other actions deemed necessary in accordance with applicable laws and regulations.
You are required to update your data registered on PT Energi Indonesia Berkarya in accordance with the current conditions by using the features and procedures provided on PT Energi Indonesia Berkarya.
7.1 We or our affiliates (as the case may be) are the owners of PT Energi Indonesia Berkarya and all intellectual property rights associated with PT Energi Indonesia Berkarya.
7.2 You can only use intellectual property rights related to PT Energi Indonesia Berkarya as permitted by us in the context of using PT Energi Indonesia Berkarya in accordance with this GTC.
7.3 You are not allowed to reproduce, distribute, publicly disclose or in any way exploit PT Energi Indonesia Berkarya intellectual property rights associated with PT Energi Indonesia Berkarya, nor any content or information that you can access from PT Energi Indonesia Berkarya.
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 PT Energi Indonesia Berkarya, or (iii) your negligence.
9.1 We provide PT Energi Indonesia Berkarya as is and does not represent and warrant the reliability, timeliness, quality, suitability, accuracy, completeness or security of PT Energi Indonesia Berkarya. Therefore, we are not responsible for any loss, expense and/or damage caused by problems and failures on PT Energi Indonesia Berkarya.
9.2 Although we will continue to make reasonable efforts to update any information on PT Energi Indonesia Berkarya, we do not represent and warrant that any information on PT Energi Indonesia Berkarya is accurate, current and complete in all respects.
9.4 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 PT Energi Indonesia Berkarya, 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 PT Energi Indonesia Berkarya, including but not limited to your accounts and transactions, as well as promotions.
11.1 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.
11.2 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.
11.3 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.
12.1 This GTC is governed and construed based on the laws of the Republic of Indonesia.
12.2 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.
12.3 The arbitral tribunal consists of 1 (one) arbitrator appointed by the Chairman of BANI.
12.4 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.
12.5 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.
Our responsibilities and obligations under this GTC as well as the use of PT Energi Indonesia Berkarya 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 PT Energi Indonesia Berkarya as a result of force majeure. We have the right and authority to stop PT Energi Indonesia Berkarya including its activities in the event of force majeure.
14.1 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.
14.2 In the event of any conflict between this GTC and other agreements, policies, terms and conditions in relation to the use of PT Energi Indonesia Berkarya, this GTC shall prevail.
14.3 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.
14.4 You understand and agree that this GTC, documents and notices in relation to PT Energi Indonesia Berkarya 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.
14.5 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.
14.6 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.
14.7 This GTC remain in effect after the termination, closure or suspension of PT Energi Indonesia Berkarya either temporarily or permanently.
14.8 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.