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User agreement of users of the "BMMPAY service»
Term and Conditions
1. Terms and definitions
1.1. Service – the "BMMPAY" software available on the Internet at: https://bmmpay.id, the exclusive right to which belongs to the Operator. Access to the Service is granted to Users to the extent of its functionality provided in this Agreement. The Service's functionality allows you to:
- automatically generate certain data received through the System to the extent necessary for further formation outside the Service by the Online Payment System for settlements of non-cash payment of the main invoice and transfer of funds for service in the establishment (tip payments to the waiter) through the Online Payment System.
- view content inside the Service.
- view data about previous payments for non-cash payments.
1.2. User – any person using the Service.
1.3. Payer – a User of the Service who uses its functionality to make non-cash payment of the main invoice and transfer funds for service in the establishment (tip payments to the waiter) through an online Payment System operated by the Service Partner.
1.4. Recipient – a company (restaurant) that has a personal account of the User of the Service, which provides access to the functionality of the program by obtaining a username and password. Access to the Recipient's personal account allows you to view analytical and statistical reports, track orders paid through the Online Settlement System and transaction status, receive feedback from Payers, and receive funds sent via the Online Settlement System.
1.4.1. Recipient – a waiter who has a personal account of the Service User and provides access to the program's functionality by obtaining a username and password. Access to the Recipient's personal account allows you to view analytical and statistical reports, receive feedback from Payers, and use the Online Payment System to receive funds sent by Payers to the bank details specified by the user as an individual (waiter) when registering in the personal account. The waiter accepts these terms and conditions by registering in the waiter's personal account.
1.5. Operator - an organization that grants rights to use the Service.
1.6. Personal data – any information about the User that relates directly or indirectly to a specific or identifiable individual, obtained during the use and registration in the Service.
1.7. Online payment system – software for initiating and conducting payments, owned by the Operator's partners, which provides the possibility of making a non-cash transfer of funds from Payers to the Recipient.
2. Subject of the agreement
2.1. Under the terms of this Agreement, the Operator grants Payers and Users the right to use the Service in the form of a simple license in Indonesia under the terms of this Agreement.
2.2. The User and the Payer are obliged to read this User Agreement before using the Service and accept its terms in full. Failure to comply with the terms of the User Agreement results in the inability to use the Service.
2.3. This User Agreement is a public offer. The Operator provides the opportunity to use the Service from the moment of acceptance of the User Agreement.
2.4. Acceptance of this User Agreement is made at the moment of going to the payment page. Before performing payment actions, the Payer does not remove the check mark in the column "I agree with the terms of the User Agreement and the Personal Data Processing Policy". The Payer is notified that the specified marks in the column are set programmatically by default and the Licensee has the right to remove them from this column.
3. Using the Service
3.1. The Operator, under the terms of a simple license, grants the right to use the Service in the following way:
- using the Service on the device.
- view content hosted inside the Service.
- automatically generate certain data received through the BMMPAY System to the extent necessary for further formation of a payment order outside the Service by the Online Settlement System for settlements of non-cash payment of the main invoice and transfer of funds for service in the establishment (tip payments to the waiter) through the Online Settlement System.
3.2. The User and the Payer may use the Service only within the limits of their rights and in the ways provided for in this User Agreement. If the Operator has suspicions about possible use of the Service in illegal operations, operations aimed at violating the rights of third parties, committed for illegal purposes, in violation of the rules of payment systems in Indonesia or other regulatory and departmental acts, the Operator unilaterally has the right to restrict / terminate the access of such User/Payer's access to the Service with funds blocked until the relevant explanations and evidence confirming the legality of operations are provided.
3.3. Under this User Agreement, the right to use the Service is granted under the terms of "AS IS".
4. Rights and obligations of the User and Operator
4.1. The User has the right to:
4.1.1. transfer personal data to the Operator for performing actions necessary for using the Service;
4.2. The User undertakes to:
4.2.1. provide reliable, up-to-date, accurate and complete information when using the Service;
4.2.2. not infringe in any way (by copying, storing information, or any other actions) the rights to the Operator's intellectual property objects, as well as use the Service within its functionality;
4.2.3. do not perform actions on behalf of another real or existing person, do not provide personal information of third parties, do not use the information of third parties in any other way that does not comply with the requirements of the legislation of Indonesia. The User is responsible for these actions, including those that caused losses to the Service.
4.2.4. do not store funds received using the Service in your personal account for more than 6 months from the date of their crediting, such funds must be withdrawn using the Service's functionality to a bank account (card) The user within the specified time limit.
4.3. The Operator has the right to:
4.3.1. change the terms of the User Agreement in accordance with clause 5.4 of this User Agreement;
4.3.2. refuse to use the Service at any time. Refusal to use the Service results in the inability to use the Service. The Operator is not obliged to disclose to the User the reasons for refusing to use the Service.
4.3.3. involve third parties to achieve the purposes of using the Service, in compliance with the terms of confidentiality and other conditions stipulated in this User Agreement.
4.3.4. make a deduction as a penalty (of a compensatory nature) in the amount of 100% of the balance of funds stored in the User's personal account for more than 6 months in violation of the provisions of clause 4.2.4.
4.4. The Operator undertakes to:
4.4.1. provide an opportunity to use the Service in accordance with this User Agreement;
4.4.2. maintain the functionality of the Service, except in cases where this is not possible for reasons beyond the Operator's control;
4.4.3. ensure the safety and non-disclosure of information provided by the User, transmitted and transmitted by the Parties to each other at the conclusion of this Agreement and in the course of fulfilling obligations arising from this Agreement (hereinafter referred to as "Confidential Information"). The Operator undertakes not to disclose, provide, distribute or reproduce Confidential Information.
5. Final provisions
5.1. This User Agreement comes into force from the moment of its acceptance (acceptance) in accordance with the procedure established in clauses 2.3.-2.4 of the User Agreement.
5.2. Acceptance of this User Agreement expresses full agreement with the terms of the User Agreement.
5.3. The Operator is not responsible for the services provided by third parties, including Service partners.
5.4. The User Agreement may be amended by the Operator by posting a new version of the User Agreement on the Service's website. Changes to the User Agreement made by the Operator take effect on the day of publication of the new version of the User Agreement.
5.5. In the event of any dispute or disagreement, the law of Indonesia applies.