TERMS AND CONDITIONS OF USE
PT BRIIX FINANCIAL TECHNOLOGY
Effective on : 03-03-2023
Before accessing this application or platform of BRIIX (as defined below as “Platform” or “BRIIX”), You are expected to read and confirm your understanding of the terms and conditions that apply. The following BRIIX Terms and Conditions of Use (“Terms and Conditions”) are for the use of the Platform, or of any materials, Content, Services, or other features available on BRIIX. By clicking on or checking a box that states that you accept and agree to these Terms and Conditions, You express Your agreement to be legally bound and subject to all of the terms under these Terms and Conditions.
You hereby agree and understand that by clicking or checking the consent box for these Terms and Conditions, You declare that You have decided to agree to all the contents of these Terms and Conditions consciously and without coercion and pressure in any form from any party.
1. DEFINITIONS AND INTERPRETATION
1.1. Each of the capitalized words or terms used in these Terms and Conditions has the meaning given to it above or set against it below (unless the context otherwise requires):
1.1.1. “We” or “Our” or “Us” means PT BRIIX FINANCIAL TECHNOLOGY as the owner ，operator and manager of the (BRIIX).
1.1.2. “You” means anyone who accesses and uses (BRIIX) including any materials, Content, Services, or other features available on (BRIIX).
1.1.3. “Services” means each and all services and information provided by Us, as available on (BRIIX), including but not limited to application services, all of the features in (BRIIX), i.e. financial product comparison for loan applications and application to open a bank account.
1.1.4. “User” or “Users”, means anyone who accesses and uses the Services, including both unregistered Users and Registered Users.
1.1.5. “Registered User” means anyone who accesses and uses the Services and has registered himself/herself/themselves with, and has an account on, Our Platform.
1.1.6. “Third Party” means any third party, and, for the avoidance of doubt, the term includes both individual persons and any form of entity.
1.1.8. “Content” means any text, data, information, numbers, images, graphics, photos, audio or video recordings, User name, information, application, link, comment, rating, design, and/or any other materials displayed on the Platform.
1.1.9. “Platform” or “BRIIX’’ means (a) a web portal and/or mobile versions of web portal created, owned, and operated by BRIIX, which contains information about (BRIIX), which is currently located in third party cloud server and can be accessed at the following URL https://www.briix.com/ (may be changed from time to time); and/or (b) mobile applications of (BRIIX) created, owned, and operated by Us, including for Android dan IOS operating system.
1.1.10. “Financial Partners” means any entities, either Banks and/or any other financial product providers which provide financial products and services as displayed on the Platform.
1.1.11. “Intellectual Property Rights” means any patent, trade mark, service mark, logo, trade name, or business name (including rights in goodwill), copyright, moral right, right in a design, right in or to internet domain names, right in or to software, know-how, right in or to confidential information (including trade secrets) and any other intellectual property rights, whether or not it/they are registered, and any similar rights worldwide.
1.2. In these Terms and Conditions:
(a) words importing the singular include the plural and vice versa, and words importing one gender include all genders;
(b) words or phrases signifying inclusion of what follows them, or that what follows them is an example or of particular interest, are not to be construed as limiting the generality of what precedes them; and
(c) clause headings are for ease of reference only, and are not to be taken into account in construing these Terms and Conditions.
2.1. In Our Platform, We provide Services in the form of account opening and loan features. In the account opening feature We will provide Know Your Customer (KYC) process and Rekening Dana Fintech (RDF) account for customer’s wallet. Users will be able to apply for loan, access transactions, portfolio reports, BRIIX academy, and fill-in surveys form.
2.2. You hereby understand and agree that We and/or the Platform do not store any of Your personal information and data, except for the Personal Data that You provide when registering on the Platform and logging in. You hereby release Us from all claims in connection with any consequences of the provision of personal data and/or information that You provide to Our Financial Partner.
2.3. The information contained in Our Platform is displayed in accordance with reality for general information purposes. We strive to always provide and display the latest and accurate information, but We do not guarantee that all information is updated or provided in a timely manner or on a real-time basis nor do We guarantee that any or all of the information is relevant to Your needs.
2.4. You shall not think or assume that this Platform can be construed as financial advice, or a recommendation for the products or services of the Financial Partners displayed on it. Information in this Platform is merely provided to assist You in choosing the product(s) or service(s) that suits Your needs. And You shall be fully responsible for any and all decisions regarding the selection of the products or services, or in signing a contract relating to the products or services.
2.5. The Services We provide are not coercive or binding, and do not require You to follow the information provided. For the avoidance of doubt, You shall understand that the Financial Partners and their products or services are not managed or controlled by Us. There are no situations or circumstances that can make Us liable for any possible losses that You may face due to Your decision to choose any of the Financial Partners’ products or services.
2.6. We have the right to display, change, delete, remove or add any Content displayed on this Platform, at Our sole discretion at any time.
2.7. We will not charge any fees to User. All fees that must be paid and/or borne by the User arising in connection with the User and Financial Partner are at the discretion of the Financial Partner for financial products provided to the User.
3. USE OF THE PLATFORM
3.1. You are only permitted to access and/or use this Platform for personal and non-commercial purposes, which means that this Platform may only be accessed and used directly by individuals or entities who are looking for products or services for themselves. Access and use of the Platform for non-personal or commercial purposes are strictly prohibited and constitute a violation of these Terms and Conditions.
3.2. You shall not use the Platform:
(a) for any unlawful purposes;
(b) to solicit others to conduct or participate in any unlawful acts;
(c) to upload or transmit viruses or any other types of malicious code that may adversely affect the Platform, any Services, other websites, and/or the internet;
(d) to collect or trace any Personal Data of other parties;
(e) for any obscene or immoral purposes;
(f) to interfere or circumvent the security features of Platform, any Services, other websites, and/or the internet;
(g) to hurt, torture, humiliate, slander, defame, threaten, intimidate or harass any people or entities, or commit anything that violates the privacy of any people or entities, or commit any action that is obscene, insulting, hateful, profane, indecent, inappropriate, not acceptable, discriminating, or damaging to any people or entities;
(h) in any way that is against any laws, regulations, decency, and propriety;
(i) to violate or infringe the legitimate rights of any people or entities, including without limitation any Intellectual Property Rights of any people or entities;
(j) to create, examine, update, change or repair databases, records or directories of You or others, without Our prior written consent;
(k) change or rearrange any part of this Platform; and
3.3. In accessing and/or using the Platform, You shall not use automated computer code, processes, programs, robots, net crawlers, spiders, data processing, trawling or computer code, processes, programs or alternative screen scraping systems.
3.4. We are not responsible or liable for any losses due to any actions by You in violation to or not in accordance with these Terms and Conditions or any unauthorized use of Your account due to Your failure to keep Your account log-in information secure and confidential.
3.5. As this Platform shall not be construed as financial advice, or a recommendation for the products and or services of the Financial Partners displayed on it, We are not to be held responsible or blamed for any unexpected losses or damages including but not limited to the loss of expected savings, loss of business or business opportunity, loss of income or profits, or any other losses or damages.
4. INTELLECTUAL PROPERTY RIGHTS
We have the full right to Our Contents and Intellectual Property Rights. You shall not use, copy, redistribute, retransmit, publish and or engage in commercial exploitation of download for the Content, Our Intellectual Property Rights or Intellectual Property Rights of any other parties displayed on or contained by the Platform without Our consent or the consent of the relevant parties (as applicable) or take any action which infringes or otherwise violates any of Our Intellectual Property Rights or Intellectual Property Rights of any other parties displayed on or contained by the Platform. In the event that the consent to use the Intellectual Property Rights is granted, You shall not make any changes or alterations to the Intellectual Property Rights. The User hereby declares himself/herself/their self ready to accept and acknowledge that downloading the material of Intellectual Property Rights and or Content does not imply the acquisition of any ownership rights to download the Intellectual Property Rights material and/or Content.
5. COMMENT AND HELP CENTER
5.1. If You want to share comments, input, or refutation regarding any or all of the Content, Services, or the Platform, You can send it through to Our email address ([email protected]), or by leaving comments on Our social media created by Us. We may use Your comments, input, or refutation for further development of the Platform and We may also display them on Our Platform. You shall be responsible for Your comments and shall ensure that Your comments do not violate the prevailing laws and regulations, decency, propriety, any rights of other parties, and/or these Terms and Conditions.
5.2. In the event that the User experiences any disturbances, problems, and issues and submits a complaint in connection with the use of the Platform, We provide BRIIX Customer Service which can be contacted by the User through [email protected] and +62812-999-27449.
5.3. BRIIX Customer Service will assist Users in handling complaints received, by first verifying the User with the data provided when registering an account in the Platform. If the complaint can be resolved immediately then the Help Center will provide assistance when receiving complaints from Users.
5.4. In the event that the complaint cannot be resolved as stated above, the Help Center will provide the User with a complaint ticket number, which will be confirmed and sent via the User’s email used when registering the Platform. The Help Center will provide a resolution to the complaint no later than 3 working days after the complaint is received by the Help Center or in any other period which will be informed further by the Help Center.
6. OTHER LINKS
7. YOUR ACCOUNT
7.1. If You wish to use the Platform as a Registered User, You are required to create an account for Yourself. The account creation process can be done through the Platform.
7.3 When You are registering Yourself as a Registered User, You are required to provide Your true, complete, and accurate Personal Data. In addition, You are also required to provide Your true, accurate, correct, complete, and valid contact details. You can access and update Your Personal Data that has been provided to Us on the ‘dashboard’ of Your account after You log- in. In the event there are any changes to Your Personal Data after You are registered as a Registered User, You shall be responsible to notify Us about the same by updating Your Personal Data.
7.4. We reserve the right to decline to process Your registration if You do not comply with these Terms and Conditions, including the requirement to provide true, complete, and accurate Personal Data, and We are also entitled to remove You as a Registered User if in the future We determine any violation by You of these Terms and Conditions, including the requirement to provide true, complete, and accurate Personal Data.
7.5. Users who have successfully completed the registration process and become a Registered User may access the Services available for Registered Users through Our Platform.
7.6. You are responsible for maintaining the confidentiality and security of Your account, password, and activities conducted, by using or through Your account and to prevent any unauthorized access to or use of Your account. You agree to accept all responsibilities arising out of any activities conducted by using or through Your account. You shall take all necessary steps to ensure that Your password is kept confidential and secure and shall inform Us immediately if (a) You have any strong reason to believe that Your password has been compromised by anyone else or (b) Your account is being, or is likely to be, used in an unauthorized manner. For the avoidance of doubt, Your action of notifying Us about (a) and (b) shall not cause Us to assume any responsibilities due to the activities conducted by using or through Your account.
7.7. Registered Users can delete the accounts on the Platform by contacting Briix Customer Service on +62812-999-27449 or to send an email to [email protected] or by choosing the deletion data in BRIIX Application. By deleting the account, Registered Users hereby acknowledge that:
The account cannot be reactivated and the processed for account closure application cannot be canceled; and
The account deletion process will be carried out in a maximum of 1 x 24 hours working days.
8. LIMITATION OF LIABILITY
Notwithstanding anything to the contrary contained herein, We and any of Our affiliated companies, parent companies, subsidiaries, agents, officers, contractors, successors, assignees, representatives, directors, commissioners, and employees shall not have any liability to You (or to any third party) for any damages whatsoever (including, without limitation, indirect, incidental, special, or consequential damages or any losses, including any loss of revenue or profit) arising due to the use of the Platform. To the maximum extent permitted by law, You waive, release, discharge and hold harmless Us and any of Our affiliated companies, parent companies, subsidiaries, Financial Partners, agents, officers, contractors, successors, assignees, representatives, directors, commissioners, and employees from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of Your use of the Platform.
9.1. You agree to indemnify, save and hold Us and any of Our affiliated companies, parent companies, subsidiaries, Financial Partners, agents, officers, contractors, successors, assignees, representatives, directors, commissioners, and employees harmless from any and all claims, demands, losses, damages, liabilities, costs and expenses, including without limitation, reasonable attorney’s fees, arising out of or related to Your use of the Platform not in accordance with these Terms and Conditions, Your misuse of the Services or Platform, any violation by You to these Terms and Conditions, or any breach by You of any of the representations, warranties, and covenants made by You herein. We reserve the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us, including the rights to settle, and You agree to cooperate with Us in defending or settle the relevant cases. We will use reasonable efforts to notify You of any claims, actions, or proceedings brought by any third party that is subject to indemnity under this clause upon becoming aware of it. This clause shall survive termination of these Terms and Conditions.
9.2. We shall not, in any event, be responsible for Your obligations (including financial obligations) to Financial Partners.
10.2. We are entitled to amend or update these Terms and Conditions at any time by giving You notice on or via the Platform or by any other means. When We do so, We will publish the latest version of these Terms and Conditions on the Platform. You are advised to carefully read and check the amended or changed Terms and Conditions from time to time. If You do not agree with the updated or changed Terms and Conditions, You can refrain from accessing or using the Platform or Services. By continuing Your access to or use of the Platform or Services, You are deemed to agree to such updated or changed Terms and Conditions.
10.3. If at any time any provisions of the Terms and Conditions is deemed to be illegal, invalid or unenforceable, the legality, validity or enforceability of the remaining provisions of these Terms and Conditions shall not in any way be affected or impaired thereby.
10.4. These Terms and Conditions and any other non-contractual obligations arising out of or in connection with them are governed by the laws of the Republic of Indonesia. All disputes arising out of or in connection with these Terms and Conditions will be settled by arbitration. No party will have the right to bring any legal proceedings relating to these Terms and Conditions other than in accordance with this clause. The place of arbitration will be located in BANI (Wahana Graha Lt. 1 & 2, Jl. Mampang Prapatan No. 2, Jakarta 12760), as they exist from time to time, will apply to the procedures of the arbitration (unless they conflict with this clause). The arbitration will be conducted by a single arbitrator, who will be appointed by the Chairman of BANI (unless otherwise agreed between the parties in dispute). The mandate of the arbitrator will continue until a final award has been issued. No party will have the right of appeal or objection against any award of the arbitrator. No party will have any right to commence or maintain any suit or legal proceeding concerning a dispute under these Terms and Conditions until that dispute has been determined in accordance with the arbitration procedure provided for in this clause, and then only to enforce or facilitate the execution of the arbitrator’s award. Article 48 section (1) of Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution (the “Arbitration Law”) is hereby waived, so that the mandate of the arbitrator shall remain in effect until a final arbitral award has been issued. With respect to the implementation of Article 56 section (1) of the Arbitration Law, it is hereby agreed, expressly, that the arbitrator shall be solely bound by strict rules of law in making their decision and may not render an award ex aequo et bono.
10.5. You agree that in the event of any breach or violation by You of these Terms and Conditions or the prevailing laws and regulations, We may unilaterally, at Our sole discretion and without prior notice, delete Your account on the Platform, restrict Your access to the Platform, and terminate the Services provided to You. You hereby agree that any material or immaterial loss arising from Your account deletion and/or access restriction referred to above shall entirely be borne by You.
10.6. Article 1266 of Indonesian Civil Code is hereby waived and therefore no court or arbitration order is required to terminate these Terms and Conditions.
10.7. You hereby give consent and authorize Us to:
(a) collect certain information from You in order to provide the Services;
(c) use Your Personal Data as permitted by applicable laws and regulations for purposes deemed necessary by Us under these Terms and Conditions.
10.8. These Terms and Conditions shall constitute the entire agreement between You and Us on the subject matter thereof and shall supersede all earlier agreements, understandings, and representations.
10.9. If You need any further explanation regarding these Terms and Conditions, you can contact Us through email at [email protected].
10.10. In addition, You can also read the Frequently Asked Questions (FAQ) that We have prepared to answer general questions.
10.11. This Terms and Conditions is executed in 2 (two) language versions, the English Language version and an Indonesian Language version. If there is any conflict, discrepancy or ambiguity between the English Language version and the Indonesian Language version, the Indonesian Language version shall prevail.