These Terms and Conditions (“T&C”) stipulate the terms and conditions relevant to the use of services and features provided by PT Syaftraco, a limited liability company established under the laws of Indonesia (“Instamoney”, “We”, “Us” or “Our”) to the entity or individual who enters into a Service Agreement with Us or otherwise uses Our Services (“You” or “Your”). We and You are collectively referred to as the “Parties” and individually as a “Party”.
By utilizing Our services and features, You hereby agree and accept to be subject to Our Privacy Policy which is accessible here https://www.instamoney.co/privacy-policy/
We shall be entitled to amend, modify or supplement the T&C at any time and for an unlimited number of times subsequently without restriction in Our sole and absolute discretion by posting a revised version of this T&C (https://www.instamoney.co/terms-conditions) (“Updated T&C”). We shall provide a written notice to You of any Updated T&C, which notice shall allow 7 (seven) calendar days or any other period mutually agreed in writing (the “Notice Period”) for You to review and notify Us in writing of any objection to the Updated T&C. In the event no written objection from You received by Us within the Notice Period, the Updated T&C shall be fully applicable to You upon the expiry of the Notice Period. Such Updated T&C shall supersede and replace all previous versions.
These T&C shall constitute as one single document with the Agreement and shall not be interpreted separately.
“Affiliates” means a parent, subsidiary, brother or sister company or other company or entity which controls Us or which We control or which is under common control with Us.
“API” means the application programming interfaces, a set of subroutine definitions, protocols and tools for building software and application interfaces, provided by Usand that may be used by You to access the Services.
“Confidential Information” means any data or information, oral or written, treated as confidential that relates to either Party’s (or, if either Party is bound to protect the confidentiality of any third party’s information, such third party’s) past, present, or future research or development activities, including any unannounced products and services, any information relating to developments, Services Documentation (in whatever form or media provided), inventions, processes, plans, financial or due diligence information, personal, identifiable data of Senders/Recipients and the financial terms of the Service Agreement. Notwithstanding the foregoing, Confidential Information shall not be deemed to include information if: (i) it was already known to the receiving party prior to the Effective Date of the Service Agreement, as established by documentary evidence; (ii) it is in or has entered the public domain through no breach of the Service Agreement or other wrongful act of the receiving party; (iii) it has been rightfully received by the receiving party from a third party and without breach of any obligation of confidentiality of such third party to the owner of the Confidential Information; (iv) it has been approved for release by written authorization of the owner of the Confidential Information; or, (v) it has been independently developed by a party without access to or use of the Confidential Information of the other party.
“Banks” means the banks with whom We have entered into agreements in respect of the provision of account and payment authorization services and such other banks as may enter into such agreements from time to time, and their transferees, and “Bank” shall mean any one of them.
“Dashboard” means a web-based platform provided by Us to You that enables a Fund Transfer Order to be executed.
“Business Hours” means between 08.00 to 17.00 WIB on Monday, Tuesday, Wednesday, Thursday, and Friday that is not a public holiday and/or joint leave as determined by the Government.
“WIB” means Indonesian Western Time or GMT +7 (Greenwich Mean Time +7)
“Pre-Fund” means any topping up of the balance in the Pre-Fund Account which shall be done in IDR except where the Services involve a foreign exchange conversion before Disbursement, in which case such Pre-Fund shall be done in USD, to the extent permitted under the prevailing laws and regulations.
“Pre-Fund Account(s)” means bank account(s) created and administered in any Bank appointed by Us designated for the purpose of storing the balance of Your funds for and throughout Your use of the Services.
“Fund Transfer” means a movement of funds initiated from a Sender to a Recipient in which funds from or to a Your Account can be transferred to, collected and/or withdrawn by a Recipient(s) whether directly or indirectly through the intermediary assistance of a third party via the following collection channel: Your Account, Destination Account, Retail Outlet or E-Wallet.
“Fund Transfer Order” means an instruction given by You to Us to execute a Fund Transfer from Your Account, which contains information on the amount, the currency, identity of the Recipient, the collection channel (Destination Account, Retail Outlet or E-Wallet) that are given by You via the relevant API or by manual method of uploading an XSLX file via Dashboard.
“Disbursements” means the act of Fund Transfer by a Sender whether executed via the relevant API or by manual method of uploading an XSLX file via Dashboard.
“Collection” means the act of receiving funds by a Recipient based on a Fund Transfer order.
“Sender”means any individual and/or entity that gives a Fund Transfer Order to Us and/or You to transfer funds to the Recipient.
“Recipient” means any individual and/or entity who is intended to receive funds based on a Fund Transfer Order from the Sender to Us and/or You whether directly or indirectly through intermediary assistance of a third party.
“Remittance” means a fund transfer in which the Sender and the Recipient are located in different countries.
“IDR“, “Rupiah” or “Rp.” means the lawful currency for the time being of the Republic of Indonesia.
“Losses” means any losses, damages, liability, costs and expenses (including reasonable fees and expenses of legal and other advisers, court costs and other dispute resolution costs) suffered or incurred by a Party.
“Service Agreement” means an agreement entered into by the Parties in relation to the Services provided by Us to You.
“Services Documentation” means collectively, the operating instructions, user manuals, and help files, in written or electronic form, made available to You (including, but not limited to, the information found on instamoney.co), and that are intended for use in connection with the Services.
“USD” means the lawful currency for the time being of the United States of America.
“Invoice” means a document issued by Us to You containing details of the services that have been rendered by Us, the due amount, the applicable taxes, and the due date that the amount is to be received by You.
“AML-CTF” policies means Anti-Money Laundering and Counter-Terrorism Financing policies that are imposed by the government of the Republic of Indonesia, which at the time being are Law No 8 of 2010 on Prevention and Eradication of Money-Laundering Crime and Law No. 9 of 2013 on Prevention and Eradication of Terrorism Funding Crime and its implementing regulations.
Any Disbursements performed or to be performed by Us on Your behalf are subject always to the following conditions:
Any Collections performed or to be performed by Us on Your behalf are subject always to the following conditions:
Any foreign exchange transactions performed or to be performed by Us for Your benefit are subject always to the following conditions:
At all times, the First Party shall use the services of a Foreign Exchange Trader in carrying out the Second Party’s request.
Infringement of Intellectual Property | |
Intellectual property or proprietary rights infringement | Sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; any product or service that directly infringes or facilitates infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party; |
Counterfeit or unauthorized goods | Unauthorized sale or resale of brand name or designer products or services; sale of goods or services that are illegally imported or exported |
Import of prohibited and restricted Goods to Indonesia* | |
Printing Materials | Books, magazines, news paper and similar materials, leafter, brochures that are printed in the Indonesian language, dialects in Indonesia or Chinese; offset printout goods made of paper for cigarette packaging or drugs packaging in the Indonesian language or foreign. |
Certain Chemicals | Derivatives products that contains Halogen substitute and its salt, Pesticide, polimer etilena/stirena/vinyl chloride |
Used Clothes | Excluding personal hand carry clothes |
Export of prohibited and restricted Goods from Indonesia | |
Agriculture, Forestry, fishery & maritime, industrial and mining products | Natural rubber technical specification (TSNR) or Indonesian Standard Rubber (SRI) that does not satisfy the Indonesian National Standard(SNI); Natural rubber in other form other than Smoked Sheet and TSNR (SIR), Certain Timber and Rattan Products; Certain Fish (Scleropages Formosus and Schleropages jardini, Botia Macracantha, Cheilinus undulatus Ruppell, Anguilla spp, penaeus monodon, penaeus merguiensis, penaeus japonicus, Macrobrachium rosenbergii); ferrous and residual scrap; iron or steel remelted ingots; Tin ore, tin slag, tailing, precious stone excluding diamonds and semi precious stone, precious stone or semi synthetic precious stone, |
Endangered Species listed on CITES | Mammals (primates, whales, dolphins, porpoises, elephants, rhinoceros, tigers, honey bear, skunk, porcupine, Orangutan Blood, Sumatra Goat), Aves (Eagle, cockatoo, parrot, cassowary, cendrawasih, etc), Reptile (turtle, snake, crocodiles, monitor lizards; crocodile’s bile, genitals, teeth and blood) Insects (certain butterly), Fish (Red Arwana, Coelacanth, Belida, Sentani Shark, Sentani Stingray, cave wader, etc) Bivalviax (Coconut crab, cassis cornuta, giant kima) Orchidaceae, Nephentaceae & Palmae (Certain orchids and palm trees), Dipterocarpaceae (Tengkawang plants and seeds), Rafflesiaceae |
Cultural heritage | Artifacts, cultural heritage building/structure that are > 50 years or that represent a certain era that are at least 50 years old and has a special meaning for history, science, education, religion and/or culture which has high cultural values for strengthening national identity; |
Printing Materials | Books, magazines, news paper and similar materials, leafter, brochures that are printed in the Indonesian language, dialects in Indonesia or Chinese; offset printout goods made of paper for cigarette packaging or drugs packaging in the Indonesian language or foreign. |
Goods and services that violates Legislation | |
Gambling | Lotteries; bidding fee auctions; sports forecasting or odds making; sweepstakes; games of chance (Roulette, craps, slot machine and alike) ; casino games (Keno, Pi Gow Poker, Slots, Black Jack (21), Poker and alike) |
Adult content and services | Pornography and other obscene materials (including literature, imagery and other media); sexually oriented toys or products; sites offering any sexually-related services such as prostitution, escorts, pay-per view, adult live chat features, mail-order brides, explicit dating sites |
Firearms and explosives materials | The sale, distribution, import, export of firearms, its ammunitions and explosives materials |
Psychotropic & Recreational Drugs | Unlawful sales, distribution, production, import and export of Category 1 drugs (Papaver Somniferum L, raw opium, cooked opium, cocca plants, cocca leaves, raw cocaine, cocaine, cannabis sativa, methamphetamine, and alike); Category 2 drugs (alphacetylmethadol, betamethadol, dextromoramide, hydromorphone, trimeperidine, and alike); Category 3 drugs (Acetyldihydrocodeine, ethylmorphine, propiram, and alike); drugs precursors |
Virtual currency | Virtual currency that can be monetized, resold, or converted to physical or digital products and services or otherwise exit the virtual world (e.g., Bitcoin); sale of stored value or credits maintained, accepted and issued by anyone other than the seller |
* legislation may change from time to time, from the first time this list was created.