Terms and Conditions

The terms conditions from Dayagreen

TERMS AND CONDITIONS

 

  1. INTERPRETATION AND DEFINITIONS
    1. Interpretation
      1. The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
      2. Each reference to a given agreement, instrument or other document is a reference to that agreement, instrument or other document as modified, amended, supplemented and restated through the date as of which such reference is made.
      3. References to Laws or Dayagreen Policies referenced in this Agreement refer to such Laws or Dayagreen Policies as they may be amended from time to time, and references to particular provisions of a Law or Dayagreen Policy include any corresponding provisions of any succeeding Law or Dayagreen Policy.
      4. A reference to a person or entity includes its successors and permitted assigns.
      5. Unless expressly specified otherwise, “day” means a calendar day.
      6. The singular includes the plural, and the masculine includes the feminine and neuter, and vice versa.
      7. The section headings contained in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement or affect in any way the meaning or interpretation of this Agreement.
    2. Definition
      1. Account means a unique account created by you to use our services.
      2. Dayagreen (referred to as either "Company", "We", "Us" or "Our" in this Agreement) refers to PT Sumber Daya Alamindo.
      3. Device means any device that can access the Service such as a computer, a cellphone, a digital tablet, and others.
      4. Feedback means feedback, innovations or suggestions sent by You regarding our Service. 
      5. Government refer to central government of Indonesia or regional governments.
      6. Partner refer to parties involved to support the implementation of our Services.
      7. Personal Data means any information relating, directly or indirectly, to an identified or identifiable natural person.
      8. Platform refer to our application and/or our website.
      9. Promotions refer to targeted marketing communications, advertisement, vouchers, surveys, and information on special offers or promotions related to our Service.
      10. Service refers to the products or items offered for sale on our Platform.
      11. Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
      12. Update means any modification, update, upgrade, new version, bug fix, patch, or error correction that Dayagreen provides.
      13. User (also referred to “You” or “Your”) means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
      14. Vehicle Data means data stored on or relating to a User’s vehicle
      15. Writing or written means a written document or written communication, including text form.
       
  2. ACCOUNT
    1. User shall register an account with Dayagreen and provide to account information. User shall update its account information as required to keep the account information complete and accurate.
    2. When registering an account, we ask User to enter valid information including but not limited to name, telephone number, email address, and password (encrypted).
    3. You are required to enter the one-time password (OTP) code that we sent to you via short message services (SMS), do not reveal the verification code in the form of OTP to anyone, including Dayagreen or any party claiming to be Dayagreen, we are not responsible for account theft resulting from this.
    4. We have full policy to deactivate your account status at any time necessary if we find suspicious activity including in the event of doubts about the accuracy and/or validity and completeness of the documents and/or information you submit. The termination of your Account will be informed to you.
    5. In addition to the provisions previously mentioned, we have the right to deactivate your account based on an official court order, or decision of a court, Government and other authorized bodies in accordance with statutory regulations.
    6. Notify us immediately if You know or suspect that Your Account has been used without Your knowledge and consent. We will take actions that We deem necessary and We can take against such use without consent.
       
  3. FEE AND PAYMENTS
    1. Dayagreen will provide pricing information on the Platform that outlines the costs associated with users' use of the Service. Users must pay Dayagreen all fees stated on the Platform according to the Services purchased by the User along with transaction taxes.
    2. Dayagreen may change Service prices at any time based on market developments and Company policies.
    3. All taxes, duties, levies and/or non-tax obligations imposed by the Government, which must be paid as a result of and/or in connection with the implementation of the Terms and Conditions are borne by and must be paid by each parties in accordance with the applicable tax regulations along with their amendments and/or additions.
       
  4. DAYAGREEN WALLET
    1. Dayagreen Wallet is a service that we provide to Users to deposit funds as a form of advance payment for the Services we provide.
    2. The value of the Rupiah currency balance in your Dayagreen Wallet is registered as electronic money to carry out transactions at all Dayagreen outlets in accordance with applicable regulations.
    3. You can load monetary value (or top-up) on your Dayagreen Wallet Account balance denominated in Indonesian Rupiah currency. In order to make a top-up transaction in your Dayagreen Wallet Account, you can do it through certain banks’ channels or other third parties’ channels as informed through Our Platform. This service may be subject to a certain fee which may vary depending on the channels.
    4. Any hindrance and/or loss incurred related to top up due to the failure of any Partner or other third parties’ system shall not be Our responsibility. However, if we receive complaints from You regarding such issues, we may, based on our discretion, forward your complaints to such Partner or the relevant third party for their follow up.
    5. Unless otherwise required by law, the Indonesian Rupiah value on your Dayagreen Wallet is non-refundable and may not be redeemed for cash.
    6. We apply a minimum limit on the value of funds into Dayagreen Wallet that can be topped up to a Dayagreen User account for every top up of IDR 30.000,-.
    7. When you use your Dayagreen Wallet, we will provide a receipt if you request one. The receipt will indicate that the purchase was made using a Dayagreen Wallet. Please check your online transaction history regularly to ensure that your transaction history and account balance are correctly recorded.
    8. You are responsible for all transactions with your Dayagreen Wallet Account, including unauthorized transactions. However, if your Account information is stolen contact us immediately by calling 0818260821. Your Dayagreen Wallet balance is protected from the time you notify us.
       
  5. PARTNER
    1. In providing maximum Services to our Users, Dayagreen will collaborate with relevant Partners to ensure that the services provided to Users can be used properly.
    2. The collaboration as referred to above will be carried out with several Partners consisting of but not limited to navigation providers to determine the location of our Services, messaging providers for customer service, payment service providers for payment gateways, advertising service providers, and others.
    3. In the event that you access and use our Services through Our Partners’ platform, we may have to disclose and send data and information related to your utilization of Our Service, namely your personal data about your Dayagreen Account, Dayagreen Wallet balance, and/or other data as relevant related to the utilization of Our Service. Hereby, you have given your consent to us to disclose and send such data and information.
    4. Please note that the collection and use of personal data carried out by our Partners follows the rules regarding personal data protection for each Partner.
    5. Force majeure according to the Terms are events that with all power and effort cannot be predicted and cannot be overcome by the party experiencing them, including but not limited to natural disasters, disease outbreaks, rebellion/riots/war, fire, sabotage, strikes general regulations, statutory regulations and/or government prohibitions that cannot be prosecuted.
    6. Non-implementation or delay in implementation of part or all of the provisions of the Terms by one or the parties, is not considered a violation of the Terms if this occurs as a result of force majeure.
       
  6. WARRANTIES
    1. You hereby guarantee that You are an individual who is competent to take legal action based on the laws in force in the Republic of Indonesia, in particular to provide agreement to these Terms.
    2. If you are not legally competent, you guarantee that all actions you take in connection with the Dayagreen Account and/or Dayagreen Wallet have been approved by your parent or legal guardian or custodian.
    3. You guarantee that the funds used for payment and top-up transactions using Dayagreen Wallet and/or the fees imposed based on these Terms are funds originating from legitimate sources and are not funds originating from actions taken constitutes money laundering, financing of terrorist activities, gambling, and other acts which constitute a violation of the laws and regulations of the Republic of Indonesia or constitute a violation of the interests of any party
       
  7. INTELLECTUAL PROPERTY RIGHTS
    1. Unless otherwise expressly stated by Us; The Dayagreen Application, its operating system, appearance and interface, and all other parts of the The Dayagreen Application are our intellectual property rights.
       
  8. AMENDMENTS
    1. We may make changes to the Terms at our discretion at any time to ensure these Terms remain consistent with Our business developments and the provisions of applicable laws and regulations.
    2. Regarding these changes, we will inform you no later than seven working days via Dayagreen application, communication media, etc.
    3. You are solely responsible for always and routinely checked and read the information that we convey to you, either through the Dayagreen application, communication media, etc.
       
  9. GOVERNING LAW & JURISDICTION
    1. This Terms and any dispute or controversy relates to this Terms is governed by the laws of the Republic of Indonesia, without regard to the conflicts of law principles.
    2. If there is a difference of opinion or dispute that may arise as a result of the implementation and/or interpretation of the Terms, as far as possible it will be resolved by deliberation to reach a consensus.
    3. If the deliberation as referred to above cannot be reached, all dispute shall be referred to and finally resolved solely by West Jakarta District Court.