General Terms and Conditions for the Sedaya App by Smart Electric Vehicle Indonesia & Privacy Policy for Sedaya App
This General Terms and Conditions (GTC) constitutes an agreement between you and PT Smart Electric Vehicle Indonesia (“we,” “our,” “us”) regarding the procedures for using the Sedaya App, Sedaya Electric Vehicle Charging Station, and all other services provided by Sedaya as specified in this GTC.
By reading and agreeing to this GTC, you also agree to any amendments, additions, or replacements to this GTC, as well as other terms and conditions and policies set by us from time to time, which form an integral and inseparable part of this GTC.
**GTC is as follows:**
1. **DEFINITIONS**
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. “Sedaya Electric Vehicle Charging Station” or “SEVCS” means facilities for charging electrical energy for battery electric vehicles for the public, owned and/or managed by us or our partners registered in Sedaya.
1.4. “Sedaya App” means the website, mobile application, system, features, and technologies provided and maintained by us and used for the purpose specified in this GTC.
1.5. “GTC” means these terms and conditions in relation to the procedure for trading and the use of the Sedaya App and SEVCS, including any amendments, additions, or replacements from time to time.
2. **USE OF APPLICATION**
2.1. The Sedaya App will assist you in finding SEVCS locations. When using the Sedaya App, you will be notified of the nearest SEVCS. Therefore, you are required to activate your location feature on your device.
2.2. After ordering a battery recharge through the Sedaya App with the capacity provided in the Sedaya App, you will be directed to the location you have chosen. Upon arrival at SEVCS, the activation and deactivation of the recharging process will be conducted through features provided in the Sedaya App.
2.3. You agree to use the Sedaya App only for activities under this GTC and will not use the Sedaya App to carry out actions contrary to applicable laws and regulations. In such cases, we have the right and authority to monitor your accounts.
2.4. To facilitate and support the implementation of activities, we may cooperate with other service providers, including but not limited to other Electric Vehicle Charging Station providers, payment gateway service providers, and electronic money service providers.
3. **USER ACCOUNTS**
3.1. In order to use services in the Sedaya App, you are required to have an account (“Account”), fulfilling the following requirements:
a. Be at least 17 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 and email address; and
d. Fulfill any other requirements reasonably required by us for opening your account.
3.2. You warrant that the information provided in connection with the use of the Sedaya App 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 a verification email to complete the registration.
3.4. You can create or change the password for your Account using the features provided on the Sedaya App.
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 request made through 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 our sole discretion, suspect that you have committed an unlawful act, violation, crime, and/or other action contrary to this GTC and/or applicable laws and regulations, or your account has not been used within a certain time, we may freeze or close your account, stop using the Sedaya App, 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 Sedaya App in accordance with the current conditions using the features and procedures provided on the Sedaya App.
5. **PERSONAL DATA**
Provisions regarding the collection, storage, processing, and use of your personal data are subject to and governed by the Privacy Policy, which is an integral and inseparable part of this GTC.
6. **FEES AND PAYMENT**
6.1. No charge will be imposed for downloading the Sedaya App.
6.2. We may charge platform fees for using any features or services in the Sedaya App. If a platform fee is imposed on you, it will be displayed in the Sedaya App before you make an order.
6.3. Any order or use of SEVCS in the Sedaya App is subject to the rates you can find before making an 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 electronic payment methods provided in the Sedaya App, subject to the terms and conditions stipulated by the electronic payment provider.
6.5. We may refuse to process your request to use such an electronic payment method for certain reasons, including any indication or sufficient reasons to suspect fraud, a breach of this GTC, and violation of prevailing laws and regulations.
7. **INTELLECTUAL PROPERTY**
7.1. We or our affiliates (as the case may be) are the owners of the Sedaya App and all intellectual property rights associated with the Sedaya App.
7.2. You can use intellectual property rights related to the Sedaya App only as permitted by us in the context of using the Sedaya App in accordance with this GTC.
7.3. You are not allowed to reproduce, distribute, publicly disclose or in any way exploit the Sedaya App, intellectual property rights associated with the Sedaya App, nor any content or information that you can access from the Sedaya App.
8. **RELEASE AND COMPENSATION**
You hereby agree 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, and costs arising in connection with (i) violation of this GTC and applicable laws and regulations, (ii) your usage and activity on the Sedaya App, or (iii) your negligence
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9. **LIMITATION OF LIABILITY**
9.1. We provide the Sedaya App "as is" and do not represent or warrant the reliability, timeliness, quality, suitability, accuracy, completeness, or security of the Sedaya App. Therefore, we are not responsible for any loss, expense, and/or damage caused by problems and failures on the Sedaya App.
9.2. Although we will make reasonable efforts to update any information on the Sedaya App, we do not represent or warrant that any information on the Sedaya App is accurate, current, and complete in all respects.
9.3. Under no circumstances will we be liable to you for 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. **NOTIFICATION**
10.1. You agree that every communication with us will be conducted through media and in electronic format. Any communications and notices delivered through 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 Sedaya App, 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 Sedaya App, including but not limited to your accounts and transactions, as well as promotions.
11. **CONTACT US**
You may contact us at the following address:
Email : support.Sedaya App@sevi.co.id
Phone : +62-896-8200-8200
All communication and correspondences will be noted, recorded, and stored for our records.
12. **CONFIDENTIALITY**
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 its 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 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 the Indonesian 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.
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 Sedaya App, may be disrupted due to circumstances occurring beyond our authority and control, including but not limited to unexpected national labor 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 Sedaya App as a result of force majeure. We have the right and authority to stop the Sedaya App, including its activities, in the event of force majeure.
15. **MISCELLANEOUS**
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 Sedaya App, 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 Sedaya App 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 remains in effect after the termination, closure, or suspension of the Sedaya App, either temporarily or permanently.
15.8. This GTC is made in the English and Indonesian languages. In case of conflict or inconsistency between the English language version and the Indonesian language version, the Indonesian language version will prevail.
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*Privacy Policy for Sedaya App*
This Privacy Policy applies to the use of the Sedaya App and services provided by PT Energi Indonesia Berkarya (“we,” “us,” or “our”) in the Sedaya App. This Privacy Policy sets out how we collect, use, maintain, and keep the Information (as defined below).
This Privacy Policy is an integral and inseparable part of the GTC. Unless otherwise defined in this Privacy Policy, any terms defined in the GTC shall have the same meaning when used in this Privacy Policy.
This Privacy Policy is made in English and Indonesian languages. In case of 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 provide in the Sedaya App;
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 collect 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 Sedaya App, as applicable;
c. To provide you with information on the Sedaya App and how to use it;
d. To evaluate, analyze, and improve our products and services. We analyze your accounts using aggregated data and alter our products and services accordingly. We also process your Information to compile analytics reports for internal development purposes;
e. To connect with you and send you information, including updates to the Sedaya App 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 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 than 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 Sedaya App, 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 processes made through the Sedaya App; and marketing service providers for the purpose of personal data storing in databases that are used for marketing purposes; and
d. Where we share your Information with external parties, we will take the necessary contractual, technical, and organizational measures to guarantee that your Information is only used by those external parties to the extent that such use is necessary for the reasons outlined in this Privacy Policy. The external parties may only access your Information in accordance with contractual obligations with the Sedaya App and prevailing laws and regulations.
**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 fulfill 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 valid, we will cease to retain the Information or remove the means by which the information can be associated with you as an individual.
**6. CHANGES TO THIS PRIVACY POLICY**
We may, at our sole discretion, review and amend this Privacy Policy from time to time, to ensure that it reflects our current and future developments, and/or changes in legal or regulatory requirements. If we decide to amend this Privacy Policy, we will notify you of any such amendments by means of general notice published via the Sedaya App or otherwise to your e-mail address set out in your Account. You agree that it is your responsibility to review this Privacy Policy on a regular basis for the most up-to-date information on our data processing and data protection practices, and that your continued use of the Sedaya App, as well as communications with us, following any amendments to this Privacy Policy will constitute your acceptance of the amendments.
**7. ACKNOWLEDGMENT AND CONSENT**
By accepting the Privacy Policy, you acknowledge that you have read and understood this Privacy Policy, and you accept all of its terms. In particular, you agree and consent to us collecting, using, disclosing, storing, transferring, or otherwise processing your Information in accordance with this Privacy Policy.
**8. HOW TO CONTACT US**
If you have any questions regarding this Privacy Policy or you would like to obtain access to and/or make corrections to your Information, please contact:
Email : support.Sedaya App@sevi.co.id
Phone : +62-896-8200-8200
©2022 by Smart Electric Vehicles Indonesia.