Terms of use of YODU

Hi, welcome to YODU Features!

We thank you for your continuing trust in our and our affiliated mobile application businesses. Please take a moment to read through these Terms of Use. These Terms of Use constitute an agreement between you, as a customer and PT Akasanet Bumi Nusantara. If you use YODU, you will be deemed to have read these Terms of Use and agreed to it. Accordingly, if you do not agree with any of these Terms of Use, please do not continue with the registration process or use of YODU.

1. GENERAL TERMS

YODU Application is a software application accessible by a Smartphone that serves as a means used by every person as a user to find services provided by third parties (such as Yogrt Apps and Yogrt Games), who use the application as a forum to provide their services.

YODU is an electronic money issued by PT ABN which is registered and monitored by Bank Indonesia, having the same function as cash money to be used as a valid payment tool, which value is equivalent to the cash money deposited in advance to the YODU account.

YODU Account is the account for which every YODU User is given at the registration. This account will be set up according to your information details that you have provided us when making the registration.

PT ABN, “us”, “we”, or “our” is PT Akasanet Bumi Nusantara, a company duly established and operated under the laws of the Republic of Indonesia and domiciled in DKI Jakarta, Indonesia which facilitates payment transaction between users and merchants.

Smartphone is a mobile cellular phone with Android operating systems to run the YODU Application.

Top-Up is the account balance top-up service for YODU Account which can be performed via by a bank transfer through certain banks in Indonesia or through other platforms/institutions that may be determined from time to time by PT ABN.

Payment is a payment made through YODU for paying transaction bills to merchants who offer their services and for paying other bills as may be made possible by YODU from time to time. Each Payment will automatically reduce the balance shown in your YODU Account by the corresponding amount.

User, “you”, or “your” is a party who has registered him/herself in the YODU Account and makes a Top-Up and therefore can use in a manner described herein and agrees to these Terms of Use.

Terms of Use are these Terms of Use of the YODU Account as may be amended from time to time.

Fund Transfer is a service offered by YODU to transfer money to another account within YODU which will automatically reduce the balance shown in your YODU Account and add the other party’s YODU Account balance by the corresponding amount.

Cash Withdrawal is a service offered by YODU to withdraw money from the YODU Account through your registered bank which will automatically reduce the balance shown in your YODU Account by the corresponding amount.

YODU Services are services provided by YODU which consist of: 1. Top-Up;2. Payment;3. Fund Transfer; 4. Cash Withdrawal; and/or 5. Other services that we may add from time to time as approved by Bank Indonesia, or other relevant authorities.

2. ACCOUNT REGISTRATION

Before using your YODU Account, you must be registered with Yodu which may be completed through the YODU Application that has been downloaded to your Smartphones. You are under obligation to provide the correct, true and most up-dated information details of yourself.

For the purpose of registering your YODU Account and/or using certain services under the Yodu Services, we may, at our sole discretion, ask you to submit additional documents or information, such as your latest photograph and/or a copy of your valid identity document (e.g. Kartu Tanda Penduduk (KTP) or passport). You may send us the documents electronically or directly to our office, subject to our specific instructions on this. We will verify your submitted documentation and determine your eligibility based on the submitted documents. We may also require further information from you and may need to meet you in person (or through our agent) if needed.

You agree that we have the right to terminate our services to you if you are deemed to have failed to convey information which true,proper, and newest from yourself or comply with any of the additional requirements in the manner and within the timeline set out in our notice to you in this regard, or we found out that your information details set out in these additional documents are not consistent with those you provided when opening the YODU Account. By making those documents available to us, you are deemed to consent to the collection, use, and disclosure by us of your personal information as indicated in the documents you provide to us, in accordance with the prevailing laws and regulations. For the purpose of processing your application or any other purposes we deem appropriate, you agree that we may disclose your personal information which is given in the course of your account registration application to any third parties, including governmental and monetary authorities and third party processors, to the extent permitted by the prevailing laws and regulations.

In addition, you undertake to provide accurate and complete information, keep the information up to date and agree to provide us whatever proof of identity we may reasonably ask for. If any of the personal information that you have provided to us changes, for example, if you change your e-mail address or telephone number, you must immediately update your details through the system provided. We will, to the best of our liabilities, effect such changes as requested immediately. We will not be liable for any loss you may suffer due to your failure to up-date your details through the relevant system.

For the account registration through YODU Application, you will choose your own password and other login details necessary to identify you. You are strictly prohibited from disclosing your log-in details to any third parties, except as required by the prevailing laws and regulations (which in this case, you will notify us in writing of such disclosure immediately). We or our officers will never ask for your password in any communications between you and us (except to log-in to your YODU Account in the YODU Application using your Smartphone). You agree to bear any risks associated with the disclosure of your log-in details to any third parties and are fully responsible for any consequences related thereto.

You represent and warrant that you are an individual legally entitled to enter into a binding agreement under the laws of the Republic of Indonesia, in particular the Terms of Use, to use YODU and that you are at least 21 years old or are married and not under guardianship. If you do not satisfy any of these requirements but still access the YODU, you represent and warrant that your account opening and other activities in YODU have been approved and/or consented to by your parents/legal guardian. You waive any right that the law may provide you to cancel or revoke any and all of your consents given under these Terms of Use by the time you are by law deemed mature. You fully release and hold harmless us and our officers from any consequences related thereto.

you are obliged to ensure that any transaction through the YODU Application using your YODU Account are made strictly only by you. DO NOT ALLOW OTHERS TO MAKE AN TRANSACTION USING YOUR YODU ACCOUNT DUE TO ANY CAUSE. You hereby acknowledge that, while we do our best to implement our business, it is not an easy task to make sure who actually is behind the screen. Therefore, you agree that any transaction made through your YODU Account will be deemed a valid transaction made by you as if the order were actually made by you. You further represent and warrant that you have the right, authority , and capacity to conduct transactions through the account YODU and to abide by these Terms of Use.

By consenting to these terms of use and use YODU, you grant to us authorities to process each transaction you make through Your YODU Account.

3. TOP-UP AND LIMIT

You may Top-Up your YODU Account from time to time according to your need by following the instructions set out in your YODU Account. Note that your YODU Account to which your virtual money is deposited is not a saving within the meaning of laws and regulations on banking and not subject to protection program by Deposit Insurance Institution (or Lembaga Penjamin Simpanan). Accordingly, your YODU Account may not be entitled to any features that are usually attached to bank accounts (such as interests, etc). Also, YODU is not a bank and therefore, our services should not be understood as banking services.

You may Top-Up your account through certain banks cooperating with us and for this service, certain fees may be charged by the relevant banks.

The amount in your YODU Account is limited to: (a) IDR1,000,000 (one million Indonesian Rupiah) for unverified account; or (b) IDR10,000,000 (ten million Indonesian Rupiah) for verified account at any time and you may not conduct monthly incoming transactions valued at more than IDR20,000,000 (twenty million Indonesian Rupiah). These limits may be changed from time to time at our discretion in line with the Agreement in place at that time and as conveyed to you.

If your YODU Account exceeds the limit set out in this Agreement , we are entitled to verify your YODU Account before we take any further action (such as to return the excess amount). In making the decision, we will determine, among other things, whether the funds came from a legal source (for example, not come from illegal activities/criminal acts). If, for example, we find that the source of the funds is illegal, you agree that we have the right to take any action necessary to comply with any regulatory requirements, including but not limited to reporting the event to the relevant government institution.

4. USE OF YOUR YODU FEATURES

YODU can only be used for YODU Services provided in YODU Application.

You can use YODU Services as long as you have sufficient funds in your YODU Account and the transactions are made with the merchants that have entered into a cooperation agreement with us and/or our affiliated companies. The list of the merchants is available, and will be updated from time to time (depending on our agreement with each of the merchants), in your YODU Application, or in the case of offline merchants, as notified to you from time to time.

Upon receiving your request for Payment, our system will verify the request and check your YODU Account balance. If a sufficient fund is available, by system the balance in the relevant YODU Account will be deducted with an amount input in or confirmed by you as the User. Once transaction is completed, the transactions cannot be cancelled. It is within our sole discretion to review and determine the cancellation or chargeback request on case per case basis.

You are prohibited to use Account YODU YODU Service and/or unauthorized purposes, violates these terms of use, privacy policy and any applicable law and regulations, including but not limited to the top of the money laundring, funding terrorism, criminal activity, fraud or any other activity which is detrimental to the public and/or any other party. Your use of your YODU Account and/or YODU Services is subject to the terms of use of YODU Application, the applicable terms and conditions of other features provided in the YODU Application, this Terms of Use, the Privacy Policy and any other applicable prevailing laws and regulations in the Republic of Indonesia. The use of your YODU Account and/or YODU Services is your sole responsibility and we are not and cannot be held liable for any lost or claims arise due to your use of YODU Account and/or YODU Services that is not in compliance with any applicable terms and conditions or prevailing laws and regulations.

5. ACCOUNT BLOCKING

We may, at our sole discretion or at your request, block your YODU Account and the use of the YODU Services upon the occurrence of any event or circumstance which we consider to be detrimental to either you or us. These events or circumstances include (but are not limited to) the following:

The use of YODU Account and/or YODU Services either by you or any other third parties (misusing your account) in a manner contrary to these Terms of Use, our terms and conditions for each product featured in the YODU Application, our Privacy Policy or the prevailing laws and regulations, including but not limited to for the purpose of anti-money laundering and countering terrorism-funding, criminal activities, fraud or any activities that may be detrimental to the public and/or any other party;

The loss/theft/hacking of your Smartphone that you have reported to us; an instruction to block issued by any relevant government or monetary institution or under a court ruling issued in accordance with the prevailing laws and regulations; and/or any other reasons we deem necessary.

In such an event, we will notify you with or without providing details of the reason for the blocking. Subject to the provisions hereof, the blocking will not be unreasonably continued once we determine that the event or circumstance giving rise to the blocking has ended.

If your YODU Account is blocked while you have strong evidence that no suspicious event or circumstance has occurred, Upon reviewing your complaint, we may, at our discretion, decide whether to end or continue the account blocking.

6. ISSUES AND COMPLAINTS

Discrepancies.

Your transactions using YODU are saved electronically in our server. You acknowledge that we have made our best effort to maintain the security of the system. However, unless an error is caused directly by us, in the event of any discrepancy between the data and the balance and/or transactions history indicated in your YODU Account and the data and the balance and/or transactions history held and managed by us, the data and the balance and/or transactions history held and managed by us will be deemed conclusive evidence and binding upon both parties.

Dormant Account.

If you do not use your YODU Account for a minimum of consecutive 6 (six) months, we may block your YODU Account. Upon verification of your personal information, we may, at our discretion, decide whether to end or continue the account blocking. Certain fees may be imposed with respect to the Dormant Account which may be determined from time to time by us and notified to you.

Personal Data.

You understand that when using your YODU Account (including commenting on our services in user’s reviews), certain of your personal data may be collected, used, and/or disclosed by us so that you can enjoy YODU Services to the fullest extent of its functionality. For the purpose of operating the YODU Account and/or any other purposes we deem appropriate, you hereby consent to the collection, use, and disclosure of any and all of your personal data by us and you are also fully aware that some of your data or information will be accessible to the third party whose services you use (such as the merchants) through our application. For avoidance of doubts, you also allow us to disclose your personal data to any third parties we engage with, or to any authority (including judicial authority) in accordance with the prevailing laws and regulations. We will not be liable for any loss you may suffer due to any misuse by the third party of your data or information that has been disclosed according to this Clause. You also acknowledge that we may be required to disclose your personal data to any authority (including a judicial or monetary authority) under the prevailing laws and regulations.

Viruses, Errors, Bugs, and other forms of System Interruption.

Your online safety and security is of the utmost importance for us. We employ reasonable security measures to safeguard your data in transit, while stored and your use of the YODU Account and/or YODU Services. However, we would like to hightlight that no system is impenetrable and this may result in increased risk exposures of Your information and use of the YODU Account and/or YODU Services. Therefore, without limiting the generality of Clause 10, to the extent permissible under the prevailing laws and regulations, you agree to release us from any claims arising out of or in connection with the viruses, errors, bugs, or other forms of system interruption, including unauthorized access by third parties. We encourage you to notify us immediately if you encounter any system interruptions above so that we can make an effort to fix the problems.

In addition, you undertake not to harm, tweak or modify your YODU Account and/or service and/or application YODU YODU or attempt to harm, tweak or modify it in any way whatsoever. We will not be liable if you do not have a compatible device or if you have downloaded the wrong version of YODU to your device. We reserve the right to prohibit you from using YODU and/or YODU Services further if you use it with an incompatible or unauthorized device or for purposes other than those for which the YODU and/or YODU Services are intended to be used. For the avoidance of doubt, no system interruption will limit your obligation to make Payment in full through either a Top-Up or in cash.

Errors with your Bank’s System.

As Top-Up will involve a transaction using your bank account, in the event of any error in or related to your bank’s system, you agree to settle the problem directly with the bank, with or without our assistance. We will not be liable for this problem.

Loss/Theft/Hack of your Smartphone.

If your Smartphone is lost, theft, and/or hacked, please let us know without delay through complaint mechanism below. For this purpose, we will only respond to an email from an email account registered for your YODU Account. If any delay occurs between the events and your notification of such events and there is any transactions entered into by your account, you agree that once executed, the payment will be deemed a valid payment.

Questions, Requests and Complaints.

If you have any questions, requests or complaints about the YODU Features, please send us an email at yodu.cs@yogrt.co or call us at (021) 22775926

To respond to your questions or complaints, we will first verify your data. We are entitled to refuse to process your questions or complaints if your data does not match the data stored in our system.

We will check or verify your complaint and respond to you in accordance with the policies and procedures applicable in our company after receiving a complete complaint submission from you.

7. ACCOUNT CLOSING

A YODU Account may be closed due to the following:

a. Request by you;

b. Our policy in accordance with the prevailing laws and regulations;

c. A Force Majeure condition continues for more than 3 (three) months or more in a row as specified in this agreement; and/or

d. Reasons related to the Account Blocking set out in this Agreement .

In the event of an account closing, we will return the remaining balance in your YODU Account to you by the method agreed to between the parties, after the payment of any outstanding fees (if any), unless there exists any event or circumstance which we consider to be or might be detrimental to us or any other party that requires us to retain certain amount of your YODU balance, for example due to reasonable belief that it is associated to or resulted from fraud.

Your YODU Account will be terminated automatically or closed when you terminate your YODU Application.

8. USER’S RESPONSIBILITIES

You are responsible for the information is untrue, inaccurate or not relating to the Account of Your confidentiality as well as Yodu password and your login information.

You are responsible for every transaction you enter into. Therefore, you must be careful when using the YODU Account and/or YODU Services and/or YODU Application, including but not limited to when choosing from the transaction menu, the purpose of payment, entering any value in the transaction, etc. Save for errors caused by PT ABN, any loss and/or damage caused by your mistake when using the YODU Features or YODU Application described above will be at your own risk, responsibility, and liability. You must carefully follow every direction for using YODU Services and/or YODU Application or for entering into any transactions.

You are fully responsible for any loss or claim arising from any violation of the terms of use, the laws and regulations in force as well as the the misuse of and/or a violation and/or crime committed using your YODU Account and/or YODU Services, including but not limited to any damage arising from any mistake, incautious act or recklessness or any misuse of the YODU Account and/or YODU Services by you or any third party using your YODU Account.

9. LIMITATION OF OUR LIABILITY

Any claim brought against us by you either based on this Terms of Use or otherwise will in any event be limited to the aggregate amount of all amounts actually paid by and/or due from you when using your YODU during the event giving rise to the claim. In no event will we be liable to you or anyone for costs, interest, damages or losses of any type or kind (including personal injury, emotional distress and loss of data, goods, revenue, profits, use or other economic advantage), save for direct losses, arising out of, or in any way connected with the YODU Account and/or YODU Services, as long as they can be proven to occur solely due to our gross negligence and breach of this Terms of Use. In any case, our liability will only be limited to the latest balance of you YODU recorded in our system or Rp. 10, 000, 000, whichever is lower.

10. REFUND AND RETURN POLICY

Unless agreed otherwise by the Parties, YODU shall not process refund for transactions paid from credit / debit cards and installments of credit / debit card, bank transfer, and electronic wallet (balance) performed by users and other Third Parties except due to very limited reason which will be agreed by the Parties on a case per case basis.

11. USER CLAIM

When there are claim from users or third parties relating to an error on the Service provided by the YODU, YODU shall reserve the right to investigated and compensate users if it is needed.

12. INDEMNIFICATION

By registering for and using of a YODU Account and using YODU Services, you agree that you liberating as well as will defend, indemnify and hold us, our licensors, affiliates, and each of our officers, directors, commissioners, employees, attorneys and agents, harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with:

a. your violation or breach of any of these Terms of Use or any applicable laws or regulations, whether or not referenced herein, or

b. your violation of any right of any third party related to the YODU and/or YODU Services, or

c. any use or misuse of the YODU and/or YODU Services by you or any party through your account, or

d. the blocking of your YODU Account for reasons set out in this Agreement.

This defence and indemnification obligation will survive these Terms of Use and your use of our official site, regardless of the closing of your YODU Account.

13. MISCELLANEOUS

Force Majeure.

Our services may be interrupted due to certain events or causes beyond our power and ability to control (Force Majeure), including but not limited to natural disasters, electrical disturbances, telecommunications disruptions, government policy, and other causes beyond our power, and ability to control. You therefore agree to release us from any claims, if we are unable to follow your instructions in the YODU Account either partially or wholly due to Force Majeure. If a Force Majeure condition continues for more than 3 (three) months consecutively we may close your YODU Account in accordance with this Agreement.

Intellectual Property.

YODU, including its name and logo, codes, designs, technology, business model, is protected by copyright, trademark and other intellectual property rights provided under the laws of the Republic of Indonesia. We (and our licensees, if applicable) exclusively own all rights, title and interest in and to YODU, including all associated intellectual property rights. These Terms of Use is not in any way be treated as our permission for you to use any of our intellectual property assets above.

No Waiver.

Our waiver or forbearance or failure to claim a breach of any provision of these Terms of Use or to exercise any right provided by these Terms of Use or the applicable law, may not be deemed to constitute a waiver with respect to any subsequent breach of any provision hereof. Language. These Terms of Use are drawn up in both the English and the Indonesian languages, both of which versions are binding on you and us. In the event of any inconsistency between the Indonesian language version and the English language version, the Indonesian language version will prevail.

Assignment.

You may not transfer or assign your rights under these Terms of Use, without our prior written approval. We may assign our rights under these Terms of Use to a third party at our sole and absolute discretion

While the balance of your YODU can be transferred to any third parties, your YODU Account is non-transferrable to any third parties.

Severability.

If any term under these Terms of Use is held to be illegal, invalid or unenforceable, in whole or in part, under any enactment or rule of law, the term or part of it will, to that extent, be deemed not to form part of these Terms of Use but the legality, validity or enforceability of the remainder of these Terms of Use will not be affected.

Governing Law.

These Terms of Use are governed by and to be construed under the laws of the Republic of Indonesia. Any and all disputes arising out of the use of our services will be subject to the exclusive jurisdiction of the South Jakarta District Court.

Amendments.

These Terms of Use, partly or wholly, including any features or services offered in YODU Account, may be modified, varied or otherwise changed from time to time at our sole discretion with or without notice to you. The continued use of YODU after any modification, variation and/or change to the Terms of Use will constitute your consent to and acceptance of the modification, variation, and/or change. Therefore, IF YOU DO NOT AGREE WITH THE MODIFICATION, VARIATION, AND/OR CHANGE, PLEASE CEASE USING YODU.

Privacy Policy.

Your personal data are maintained in accordance with our Privacy Policy . The Privacy Policy constitutes an integral part of these Terms of Use and your consent to these Terms of Use constitutes your acceptance of the Privacy Policy.

I have read the Terms of Use and Privacy Policy and understand their content and the consequences and hereby accept all the rights, obligations, and rules set out therein.