TERMS AND CONDITIONS FOR SAKUKU
PT BANK CENTRAL ASIA
Tbk (“BCA”)
A. DEFINITION
-
Sakuku means a server-based electronic money denominated in
rupiah using a cellular phone (cell phone) number as the
account number.
-
Sakuku Plus means Sakuku with the Customer identity data
which registered and recorded in BCA.
-
Customer means an individual that is registered as a Sakuku
user.
-
Cellular Operator means a company that provides cellular
network services.
-
SMS (Short Message Service) means a short text message that
can be received and/or sent by the Customer via a cell phone
and that can be viewed on the cell phone screen.
-
Transaction means a transaction that can be made by the
Customer using Sakuku, such as payment of a purchase
transaction transfer, cash withdrawal, cash top up, balance
inquiry, transaction history inquiry, mobile recharge,
mobile recharge request, and other transaction requests
according to the provisions applicable at BCA, which will be
notified by BCA to the Customer in any form and through any
means according to the prevailing law.
-
Co-Partner means a party that has cooperation with BCA to
bind (connect) the Customer’s account on the Co-Partner’s
Platform with the Customer’s Sakuku account so that Sakuku
can be used for Transaction on the Co-Partner’s Platform.
-
Co-Partner’s Platform means a website or application that is
owned and/or administered by the Co-Partner or another party
appointed by the Co-Partner at the responsibility of the
Co-Partner .
-
Terms and Conditions means these Terms and Conditions for
Sakuku of PT Bank Central Asia Tbk (“BCA”).
B. REGISTRATION AND ACTIVATION OF SAKUKU
-
The Customer can obtain the Sakuku application by
downloading the Sakuku application through:
- BCA’s official website
-
the official application/software distribution media
designated by BCA and owned by the mobile operating
system used on the Customer's cell phone;
-
To make Transaction using Sakuku, prospective Customer must
first register Sakuku Plus by :
-
enter the data required to activate Sakuku Plus in the
Sakuku application;
-
perform the data verification process in accordance with
the applicable provisions at BCA;
-
create a PIN (Personal Identification Number)
for activity or Transaction authorization.
then, the Customer can transfer or top up to Sakuku via BCA
channels or non-BCA channels determined by BCA.
-
Customer who previously have a Sakuku account can activate
Sakuku Plus by:
-
login/ re-register to the Sakuku application in
accordance with the applicable provisions at BCA; or
-
submitting an application to the nearest BCA Branch
office.
-
If the Customer has previously owned a Sakuku account and
the Customer wishes to use the same cell phone number to use
Sakuku on the Co-Partner’s Platform, the Customer must first
activate Sakuku Plus before being able to activate the
Sakuku account on the Co-Partner’s Platform by entering the
same personal data as those previously provided by the
Customer when registering for the Sakuku account already
owned by the Customer.
C. TERMS OF USE
-
Sakuku Number means the cell phone number used by the
Customer to register for or activate Sakuku on the Sakuku
application or the Co-Partner’s Platform. Furthermore, the
Customer's cell phone number will be used as a means of
authorization for a Transaction.
-
The Customer must register and use the Customer's own cell
phone number. All consequences arising from the registration
of another person’s cell phone number shall be the sole
responsibility of the Customer, and the Customer hereby
holds BCA harmless against all claims, suits, and/or other
legal proceedings made by any party.
-
One cell phone number can only be used for registration or
activation of 1 (one) Sakuku account on the Sakuku
application and/or 1 (one) account oneach Co-Partner’s
Platform.
-
The Customer is fully responsible for the use of the Sakuku
number, including for any misuse of the Sakuku number.
-
The Transaction can be made by the Customer through the
Sakuku application on the Customer's cell phone, the
Co-Partner’s Platform, and/or through other means according
to the provisions applicable at BCA, which will be notified
by BCA to the Customer in any form and through any means
according to the prevailing law.
-
The Customer must run version upgrade of the Sakuku
application and/or the Co-Partner’s Platform whenever there
is a need to upgrade the Sakuku application and/or the
Co-Partner’s Platform.
-
The Customer's failure to run a version upgrade of the
Sakuku application and/or the Co-Partner’s Platform may lead
to the Customer’s limited ability to access certain features
on the Sakuku application and/or the Co-Partner’s Platform.
-
The Customer will be charged a fee for each SMS sent in
connection with any Sakuku transaction that requires an SMS,
such as a registration and verification process. The SMS
rate shall follow the applicable rate determined by the
Cellular Operator.
-
If the SIM card of cell phone number registered as the
Sakuku number is stolen or lost, the Customer must
immediately contact Halo BCA.
-
The funds stored on Sakuku shall not earn interest and are
not subject to tax.
-
In the event of any discrepancy between the balance on
Sakuku and the balance on record with BCA, the balance or
the records held by BCA will prevail, except it can be
proven that there is an error in the balance or log recorded
by BCA .
-
The Customer may modify the Customer’s data in accordance
with the provisions applicable at BCA.
-
In the event the Customer uses Sakuku on the Co-Partner
Platform, the Customer hereby gives consent to BCA to
provide the Co-Partner with the Customer’s data, the
Customer's Sakuku account data (including information on the
Sakuku number and balance), and the data of any Transaction
made by the Customer.
-
In the event that the Customer intends to no longer use the
Sakuku account on the Co-Partner’s Platform, the Customer
can unbind the account through the “Aplikasi Terhubung” menu
in the Sakuku application.
-
BCA has the right to make any correction to the Customer's
balance if there is error made by BCA.
-
The Sakuku account can be closed by the Customer via Halo
BCA.
-
The funds stored in Sakuku are not classified as deposit as
referred to in the banking law, and therefore the funds
stored in Sakuku are not covered by the insurance scheme
provided by the Deposit Insurance Corporation (LPS).
-
The Customer hereby agrees that BCA has the right to inform
the Customer's name, Sakuku number, and/or Transaction data
to any other party in connection with the Transaction made
by the Customer.
-
The customer agrees that:
-
BCA has the right to store and use the Customer’s
personal data and other data attached to the cellular
phone (mobile phone) used by the Customer to download
Sakuku;
-
BCA and/or other parties cooperating with BCA may
obtain, access, store, and use data attached to the
cellular phone (mobile phone) used by the Customer to
download Sakuku;
among others, for the convenience and security of the
Customer in making Transaction.
-
BCA has the right to verify Customer who access the Sakuku
application or conduct Transaction, among others by
verifying the Customer's identity, asking the Customer to
send an SMS to a number and with content determined by BCA,
and/or entering an OTP when accessing the Sakuku application
or conducting Transaction.
-
BCA reserves the right to block the Sakuku account, reject
any Transaction involving the Sakuku account, and/or
terminate its business relationship with the Customer if:
- The Customer has not activated Sakuku Plus;
-
the Customer fails to comply with the prevailing law.
-
the Customer fails to provide any information and
supporting documents according to the prevailing law.
-
the Customer is found to have used and/or is reasonably
suspected of using false documents and/or providing
incorrect data to BCA;
- the Customer provides questionable information;
-
the Customer’s source of funds for the Transaction is
found to be emanated from and/or reasonably suspected of
emanating from a crime; and/or
-
the Customer makes a Transaction that exceeds reasonable
limits.
-
If deemed necessary, BCA has the right to debit the balance
in the Customer's Sakuku account if there are indications of
fraud, misuse of Sakuku, violation of these Terms and
Conditions, criminal acts, or other unlawful acts that may
cause losses to BCA or other parties.
-
By registering and using the Sakuku account, the Customer is
bound by and agrees to all these Terms and Conditions and
other provisions governing the Transaction. BCA has the
right to amend these Terms and Conditions and any provisions
related to the Transaction, and such amendment will be
notified by BCA in any form and through any means according
to the prevailing law. If the Customer registers for the
Co-Partner’s Platform and makes a Transaction thereon, the
Customer agrees to be bound by and comply with the
provisions applicable at the Co-Partner.
D. PIN AND OTP OF SAKUKU AND CUSTOMER’S OBLIGATIONS
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PIN (Personal Identification Number) must be used only by
the relevant Customer.
-
Each time the Customer runs activities or Transaction that
requires authorization, the Customer must enter a PIN as a
means of authorizing activities or Transactions.
-
The Customer must keep the confidentiality of the PIN and
OTP (One Time Password). The Customer is fully responsible
for the use of the PIN and OTP, including in the event of
any misuse of the PIN and OTP.
-
The Customer must keep the confidentiality of the PIN and
OTP by:
-
not disclosing the PIN and OTP to any other parties
including the Customer’s family members or closest
associates;
-
not storing the PIN and OTP on the cell phone, or any
other things or media that may cause others to discover
the PIN and OTP;
-
carefully using the PIN and OTP in a way that prevents
others from seeing them; and/or
-
not using a PIN created or selected by another party or
easily guessed by others, such as a birth date or any
combination thereof, and a phone number.
-
Any misuse of the PIN or OTP shall be the full
responsibility of the Customer. The Customer hereby holds
BCA harmless against all claims, lawsuits, and/or other
legal proceedings whether brought by the Customer or another
party, as a consequence of such misuse of the PIN or OTP.
-
The use of the PIN and OTP on Sakuku shall have the same
legal force as a written instruction signed by the Customer.
-
The Customer must ensure that the cell phone used for
Transactions using Sakuku is free from viruses, malware,
and/or other similar threats that may harm the Customer. All
consequences arising therefrom shall be the full
responsibility of the Customer.
E. FEES AND LIMIT
-
The Customer must pay the fees and charges incurred in
connection with the Transaction as well as other fees and
charges applicable at BCA or the Co-Partner.
-
BCA has the right to determine the following:
- the minimum and maximum balance of Sakuku;
-
the limitations on top-up amount into the Sakuku
account;
-
the maximum number of Sakuku accounts that the Customer
may own;
-
limitations on the Transaction including but not limited
to the limitation on the Transaction frequency and/or
amount that can be made by the Customer through the
Sakuku application on the Customer's cell phone, the
Co-Partner’s Platform, and/or through other means
according to the provisions applicable at BCA.
-
BCA has the right to at any time amend any provisions
related to the Transaction fees and such other fees related
to the Transaction as referred to in point 1 above as well
as any provisions related to the minimum or maximum balance
of Sakuku, the limitation on the number of Sakuku accounts
that the Customer may own, and the limitations on the
Transaction as referred to in point E.2 above according to
the provisions applicable at BCA.
-
The fees and limitations as referred to in point 1, E.2, and
E.3 above will be notified by BCA to the Customer in any
form and through any means according to the prevailing law.
F. BLOCKING AND CLOSING OF SAKUKU ACCOUNT
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The Sakuku account shall be blocked if:
-
the Customer enters the wrong Sakuku PIN 3 (three) times
in a row;
-
the Customer makes a request for the blockage of the
Sakuku account because the SIM Card linked to the
Customer's Sakuku number is
expired/lost/stolen/transferred to another party.
-
The Sakuku account will be closed if the Customer enters the
wrong personal data when activating, re-activating or login
to the Sakuku application. In the event that the Sakuku
account is closed :
-
The Customer can re-register the Sakuku account within a
period of time and in accordance to the applicable
provisions of The registered Sakuku account will be
Sakuku Plus account.
-
the Customer may contact Halo BCA to have the Sakuku
balance credited to the Customer's account if there is a
balance in that closed Sakuku account.
-
In the event the Sakuku account is blocked due to the
matters referred to in point F.1 above, the Customer can
reactivate the Sakuku account on the Sakuku application or
the Co-Partner’s Platform.
-
If the SIM Card of the Sakuku number or the Customer's cell
phone is expired/lost/stolen/transferred to another party,
the Customer must immediately report the same to Halo BCA to
have the Sakuku account blocked. All Transaction
instructions using the cell phone number, PIN, and OTP made
before BCA receives the report from the Customer shall
become the sole responsibility of the Customer.
G. FORCE MAJEURE
The Customer hereby holds BCA harmless against all lawsuits,
claims, and/or other legal proceedings of any kind for the
delay and/or failure by BCA to perform its obligations related
to Sakuku if such delay and/or failure arises from events or
causes beyond the control or capability of BCA, including but
not limited to natural disasters, conflagrations, wars, riots,
sabotage, system failures, power failures, telecommunications
disruption, and government policies.
H. HANDLING OF COMPLAINTS
-
Any complaints to BCA regarding Sakuku may be lodged by the
Customer through Halo BCA. For the purpose of handling such
complaints, BCA has the right to ask the Customer to submit
a copy of the Customer's identity and other supporting
documents.
-
BCA will respond to the complaints in accordance with the
prevailing law.
-
Any complaints related to the use of Sakuku must be lodged
by the Customer with BCA within no later than 3 (three)
months of the Transaction date.
-
Any Complaints related to a Transaction made on the
Co-Partner’s Platform must be lodged by the Customer with
the Co-Partner. For the purpose of handling such complaints,
the Co-Partner has the right to ask the Customer to submit a
copy of the Customer's identity and other supporting
documents.
-
The Customer agrees that any dispute or difference of
opinion arising from and/or in connection with the
implementation of these Terms and Conditions between the
Customer and BCA shall be resolved in an amicable manner.
-
Any dispute or difference of opinion that cannot be amicably
resolved between the Customer and BCA shall be resolved by
means of banking mediation at Bank Indonesia or the
Financial Services Authority or by means of mediation
through an Alternative Dispute Resolution Institution
included in the List of Alternative Dispute Resolution
Institutions established by the Financial Services
Authority.
-
Any dispute or difference of opinion that cannot be resolved
in an amicable manner and/or by means of banking mediation
as described in item 6 above shall be resolved through the
District Court of Central Jakarta, without prejudice to
BCA’s right to file a suit or claim through any other
District Court within the territory of the Republic of
Indonesia.
THESE TERMS AND CONDITIONS FOR SAKUKU BCA HAVE BEEN
ADJUSTED TO THE PREVAILING LAWS AND REGULATIONS INCLUDING
REGULATIONS OF THE FINANCIAL SERVICES AUTHORITY