These General Terms and Conditions constitute an agreement between the User and Mobee in relation to the procedures for using the Mobee Platform and trading Crypto Assets on the Mobee Platform.
By reading and agreeing to these General Terms and Conditions, the User also agrees to amendments, additions, replacements to this General Terms and Conditions, as well as other terms and conditions policies set by Mobee from time to time which form an integral and inseparable part of this General Terms and Conditions.
General Terms and Conditions are as follows:
- All definitions and terms used in this General Terms and Conditions shall have the following meanings:
- 1.1. “Crypto Asset” means an intangible commodity in digital form, using cryptography, information technology networks, and distributed ledgers, to regulate the creation of new units, verify transactions, and secure transactions without interference from other parties.
- 1.2. “BANI” means the Indonesian National Arbitration Board, currently located at Wahana Graha 2nd Floor, Jl. Mampang Prapatan No. 2, Jakarta 12760.
- 1.3. “Mobee” means PT CTXG Indonesia Berkarya.
- 1.4. “Confidential Information” means as defined in Clause 15.1 of this General Terms and Conditions.
- 1.5. “User” means a party who accesses the Mobee Platform and/or who has registered and verified on the Mobee Platform to carry out Crypto Asset trading activities through the Mobee Platform.
- 1.6. “Dispute” means a dispute, controversy or claim arising out of, or in connection with these General Terms and Conditions.
- 1.7. “Mobee Platform” means website, application, system, features, technologies provided and maintained by Mobee and used for Crypto Asset trading with the scope of activities as specified in these General Terms and Conditions.
- 1.8. “General Terms and Conditions” means this terms and conditions in relation to the procedure for trading and the use of Mobee Platform and its amendments, additions, replacements from time to time.
- 1.9. “Wallet” means the medium used to store Crypto Assets.
2. MOBEE PROFILE
- A profile on Mobee can be accessed via the website www.mobee.io.
3. TRADING CRYPTO ASSETS RISKS
- 3.1. User understands that Crypto Assets are commodities that have a fairly high risk, including but not limited to the risk of price fluctuations, financial risks, and other risks that User may face when trading Crypto Assets on Mobee Platform. All risks are entirely the responsibility of the User. Therefore, Users are advised to be careful and must have knowledge and/or experience in conducting Crypto Asset trading transactions, so that Users are able to evaluate and analyses the investment risks of Crypto Assets and have the ability to bear the financial risks of Crypto Asset investments.
- 3.2. The User understands and acknowledges that no representations and warranties are made regarding the future value or trading volume of Crypto Assets.
4. SCOPE OF ACTIVITIES
- 4.1. The scope of activities that can be carried out on the Mobee Platform are as follows:
- a. Sell and/or buy between Crypto Assets and Rupiah currency;
- b. Exchange between 1 (one) or more types of Crypto Assets;
- c. Storage of User's Crypto Assets;
- d. Transfer of Crypto Assets between Wallet; and
- e. Use of other services as set out in these General Terms and Conditions and determined later by Mobee from time to time.
- 4.2. The user agrees to use the Mobee Platform only for the activities as stated above and will not use the Mobeee Platform to carry out actions that are contrary to applicable laws and regulations, including but not limited to hacking, fraud, money laundering and terrorism financing. In this case, Mobee has the right and authority to monitor User accounts.
- 4.3. In order to facilitate Users and support the implementation of activities, Mobee may cooperate with other service providers, including but not limited to payment gateway service providers, electronic money service providers, and Crypto Asset storage service providers.
5. USER ACCOUNTS
- 5.1. In order to be able to trade Crypto Assets on the Mobee Platform, Users are required to have an account, by fulfilling the following requirements:
- a. Agree to abide by this General Terms and Conditions and be legally competent to agree to these General Terms and Conditions;
- b. Be at least 17 (seventeen) years old;
- c. 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;
- d. Using own funds or Crypto Assets and are not funds or Crypto Assets originating or belonging to other people, or proceeds of criminal acts, money laundering, terrorism financing and/or weapons of mass destruction;
- e. Have an active electronic mail (e-mail) address; and
- f. Other requirements as reasonably required by Mobee for opening a User account.
- 5.2. The user warrants that the information provided in connection with the use of the Mobee Platform and for the purposes of procuring these General Terms and Conditions is accurate and complete in all respects.
- 5.3. Each User can only have 1 (one) account for the same identity.
- 5.4. User is obliged to provide information to Mobee in order to identify and verify the User to ensure the truth and completeness of the data provided by the User and the background or profile of the User. This identification and verification is carried out in order to apply Know Your Customer (KYC) principles, perform Customer Due Diligence (CDD) or Enhanced Due Diligence (EDD), fraud detection, money laundering, terrorism financing, and/or other financial crimes.
- 5.5. User will be asked to take selfies along with their identity documents, and the Mobee Platform will automatically verify the correctness of User's photos with the photos contained in User's identity by using the liveness feature.
- 5.6. User Accounts can only be used if the User has passed the identification and verification process.
- 5.7. After the User is declared to have passed the identification and verification process, the User can create his own or change the password for the User account by using the features provided on the Mobee Platform.
- 5.8. The security and confidentiality of the User's account and information related to the User's account is the sole responsibility of the User. In this case, every use, order, and/or order made through the User's account is a valid request from the relevant User.
- 5.9. User Accounts can only be used and controlled by the User concerned. User must immediately notify Mobee in the event that the User's account is used by another party and/or other violations occur.
- 5.10. If Mobee, at its sole discretion, suspects that the User has committed an unlawful act, violation, crime, and/or other action that is contrary to these General Terms and Conditions and/or applicable laws and regulations or the User's account has not been used within a certain time , then Mobee may freeze or close User accounts, stop using the Mobee Platform, and take other actions deemed necessary with the aim of protecting the interests of Mobee and/or other Users in accordance with applicable laws and regulations.
- 5.11. In the event of freezing or permanent closure of the User's account, User can withdraw funds in accordance with the terms of withdrawal of funds as stipulated in tthis General Terms and Conditions, provided that the User is obliged to settle all financial obligations owed to Mobee. For this purpose, Mobee may compensate the outstanding financial obligations for the withdrawal proceeds that should be paid to the User as a result of freezing or permanently closing the User's account.
6. DATA UPDATES AND CHANGES
- 6.1. User data updates and changes can only be made by the relevant User by using the features and procedures provided on the Mobee Platform.
- 6.2. User are required to update User data registered on the Mobee Platform in accordance with the current conditions of the relevant User by using the features and procedures provided on the Mobee Platform.
7. PERSONAL DATA
8. TRANSACTION PROCEDURE
- 8.1. Users can specify a buy or sell order in 3 (three) ways, as follows:
- a. User can buy and sell Crypto Assets at market prices;
- b. User can determine the selling or buying price of Crypto Assets at a certain price;
- c. User can set a stop price on the price of the Asset Price. If the price has reached the stop price, the buy or sell transaction will be executed automatically by the Mobee Platform.
- 8.2. Before making a transaction on the Mobee Platform, the User must first place (deposit):
- a. funds in Rupiah currency into a virtual bank account that is linked to a Mobee account; and/or
- b. Crypto Assets into Wallets defined by Mobee.
- 8.3. Users can only make transactions on the Mobee Platform if the User has sufficient funds and/or Crypto Assets.
- 8.4. Mobee, at its sole discretion, has the right to refuse and/or cancel a transaction, if Mobee knows and suspects that there is a crime or violation in the transaction.
- 8.5. Users cannot cancel any transactions that have been made and completed through the Mobee Platform.
- 8.6. User can access the history of the trades made by the User within the Mobee Platform. All transaction data made by the User through the Mobee Platform will be automatically recorded in the Mobee Platform. The User cannot change or modify the transaction data made by the User in order to maintain the accuracy of the Crypto Asset trading history on the Mobee Platform.
9. TRANSACTION FEES AND WITHDRAWAL
- 9.1. Users will be charged a transaction fee of 0.1% (zero point one percent) for each transaction made on the Mobee Platform. This transaction fee is subject to change at any time.
- 9.2. Users can withdraw funds and/or Crypto Assets from the Mobee Platform with the following conditions:
- a. The user has completed all financial obligations to Mobee and other third parties in accordance with the applicable laws and regulations;
- b. Withdrawal of funds and/or Crypto Assets has been verified;
- c. The maximum daily withdrawal limit is IDR 250,000,000 (two hundred and fifty million Rupiah). Pursuant to the terms and procedures determined by Mobee, User may apply for a change to a higher maximum withdrawal limit; and
- d. Users are required to comply with and follow every process determined by Mobee in connection with the withdrawal of funds and/or Crypto Assets, as well as applicable laws and regulations.
- 9.3. In case of withdrawal of funds, the following conditions will apply:
- a. The User must state the amount of funds to be withdrawn and the User's bank account number registered at the time of User account registration on the Mobee Platform;
- b. Withdrawal of funds must use Rupiah currency;
- 9.4. In the event of a Crypto Asset withdrawal, the following conditions will apply:
- a. The user must specify:
- (i) the amount of funds to be withdrawn;
- (ii) Name of sender and recipient;
- (iii) Sender and recipient Wallet addresses; and
- (iv)blockchain network to be used.
- The verification results show the suitability of the Crypto Asset withdrawal request with the balance or record of Crypto Asset ownership;
- 9.5. Withdrawal of Crypto Assets can only be done if:
- a. The identity of the withdrawer, the party receiving the withdrawal, or the receiving Wallet is the same as the User's identity; or
- b. In the event that the identity or Wallet of the recipient is not the same as the identity of the User, the identity of the recipient and/or Wallet of the recipient must be clear, recorded and verified beforehand by Mobee.
10. TRANSACTION SECURITY
- To ensure the security of transactions made by Users on the Mobee Platform, accordingly:
- a. Most Crypto Assets will be stored in a safe storage (cold storage);
- b. Any large Crypto Asset trading transactions require Google 2FA authentication. This is intended to ensure that the User carries out such transactions through his own equipment;
- c. Any withdrawal of funds or Crypto Assets requires phone number, email and Google 2FA authentication;
- d. The Mobee Platform will offer Users to be able to use a special IP address where the User can only log into the User's account when the User is connected to the special IP address;
- e. The Mobee Platform will send a short message that will appear on the screen of the User's equipment (push notification) and notification via electronic mail to the User when there is a Crypto Asset sale or purchase transaction carried out in the User's account concerned;
- f. Mobee will provide treasury funds and partner with insurance companies to ensure the safety of User funds deposited into bank accounts intended for Crypto Asset trading transactions on the Mobee Platform;
- g. Mobee will conduct regular security audits, especially when Mobee wants to update or add features to the Mobee Platform. Every 6 (six) months, Mobee will also conduct a security audit to identify weaknesses in the Mobee Platform.
11. INTELLECTUAL PROPERTY
- 11.1. Mobee or its affiliates (as the case may be) are the owners of the Mobee Platform and all intellectual property rights associated with the Mobee Platform.
- 11.2. Users can only use intellectual property rights related to the Mobee Platform as permitted by Mobee in the context of using the Mobee Platform in accordance with these General Terms and Conditions.
- 11.3. Users are not allowed to reproduce, distribute, publicly disclose or in any way exploit the Mobee Platform, intellectual property rights associated with the Mobee Platform, nor any content or information that Users can access from the Mobee Platform.
12. RELEASE AND COMPENSATION
- User hereby agrees to indemnify and hold Mobee harmless, including but not limited to directors, commissioners, officers, employees, consultants, lawyers, contractors, agents, and representatives of Mobee from and against claims, damages, costs arising in connection with (i) violation of these General Terms and Conditions and applicable laws and regulations, (ii) User's use and activity on the Mobee Platform, or (iii) User negligence.
13. LIMITATION OF LIABILITY
- 13.1. Mobee provides the Mobee Platform as is and does not represent and warrant the reliability, timeliness, quality, suitability, accuracy, completeness or security of the Mobee Platform. Therefore, Mobee is not responsible for any loss, expense and/or damage caused by problems and failures on the Mobee Platform.
- 13.2. Although Mobee will continue to make reasonable efforts to update any information on the Mobee Platform, Mobee does not represent and warrant that any information on the Mobee Platform is accurate, current and complete in all respects.
- 13.3. The information provided in this Mobee Platform is general information that is not intended to provide advice, including investment and financial advice that Users can rely on. Users are advised to continue to seek advice from professionals or specialists before taking action based on the information provided on the Mobee Platform.
- 13.4. In the event that the User suffers a loss caused by Mobee's violation of these General Terms and Conditions, the User agrees that the amount of Mobee's compensation to the User will not exceed the amount paid in connection with the event.
- 13.5. Under no circumstances will Mobee be liable to Users in respect of 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.
14. NOTIFICATION AND COMPLAINTS SERVICE
- 14.1. User agrees that every communication with Mobee will be done through media and in electronic format. Any communications and notices delivered through the media and in electronic format will be considered as written communications and notices.
- 14.2. Users are required to immediately notify Mobee if there is misuse of User accounts and/or the Mobee Platform, attempted fraud, suspicious activity, or other events that may affect Users and Mobee.
- 14.3. Users are willing to receive notifications from Mobee in connection with the use of the Mobee Platform, including but not limited to User accounts and transactions, as well as promotions.
- 14.4. If the User has complaints, problems, questions, and suggestions, Mobee provides complaint services provided on the Mobee Platform. The Mobee platform has a chatbot feature that will help answer and respond to any complaints, problems, questions, and suggestions from Users before being responded to by Mobee user service representatives if needed.
- 14.5. In submitting complaints, problems, questions, and suggestions, the User must submit sufficient information so that it can be followed up. Mobee will study and review every complaint, problem, question, and suggestion from the User carefully before making a decision and providing feedback with the aim of ensuring User satisfaction.
- 15.1. Mobee and the User 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 General Terms and Conditions, including their implementation ("Confidential Information"). All Confidential Information will only be used for the purposes of this General Terms and Conditions.
- 15.2. Each Mobee and User may disclose Confidential Information to its affiliated companies, directors, boards of commissioners, employees, officers and/or consultants which is limited to those who need to know Confidential Information provided that Mobee or Users (where applicable) must ensure that the affiliated companies, directors , the board of commissioners, employees, officers and/or consultants comply with the confidentiality provisions under these General Terms and Conditions.
- 15.3. The obligation of confidentiality under these General Terms and Conditions 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 it becomes public knowledge apart from the violation of these General Terms and Conditions;
- c. then legally obtained by the recipient of the Confidential Information from a third party.
- 15.4. The obligation of confidentiality under these General Terms and Conditions will continue after the termination of this General Terms and Conditions.
16. APPLICABLE LAW AND DISPUTE SETTLEMENT
- 16.1. This General Terms and Conditions are governed and construed based on the laws of the Republic of Indonesia.
- 16.2. 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 Indonesian language in accordance with the applicable BANI arbitration regulations.
- 16.3. The arbitral tribunal consists of 1 (one) arbitrator appointed by the Chairman of BANI.
- 16.4. The arbitral award is final and binding on Mobee and the User, (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. another place.
- 16.5. 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
17. FORCE MAJEURE
- Mobee's responsibilities and obligations under these General Terms and Conditions as well as the use of the Mobee Platform may be disrupted due to circumstances occurring beyond Mobee's authority and control, including but not limited to unexpected national labour conflicts, acts of God, earthquakes, requests, confiscations, commands, public decrees, riots, rebellions, telecommunications disturbances, power failures (“Force Majuere”). The user hereby agrees to indemnify and hold Mobee harmless from and against any claims, damages, and costs incurred in connection with the interruption of the implementation of Mobee's responsibilities and obligations under these General Terms and Conditions and the use of the Mobee Platform as a result of force majeure. Mobee has the right and authority to stop the Mobee Platform including its activities in the event of Force Majeure.
18. MISCELLANEOUS TERMS
- 18.1. User must comply with all applicable laws and regulations, and must bear all costs and taxes incurred in connection with the implementation of these General Terms and Conditions in accordance with applicable laws and regulations.
- 18.2. In the event of any conflict between these General Terms and Conditions and other agreements, policies, terms and conditions in relation to the use and trading of Crypto Assets on the Mobee Platform, these General Terms and Conditions shall prevail.
- 18.3. User may not assign any rights and obligations in these General Terms and Conditions, either partially or wholly, to any party without prior written approval from Mobee. However, Mobee may assign any rights and obligations in these General Terms and Conditions, either partially or completely, to any party without prior written consent from the User or written notification to the User.
- 18.4. User understands and agrees that these General Terms and Conditions, documents and notices in relation to the Mobee Platform are made in electronic form. Therefore, the User will not file a claim or objection in any form regarding the existence and enforceability of these General Terms and Conditions, documents and notices made electronically.
- 18.5. Any express or implied waiver of any rights or waivers to Users does not constitute a continuing waiver of waived rights or waivers or a waiver of any other rights or waivers.
- 18.6. If any provision of these General Terms and Conditions is held to be invalid or unenforceable by a judicial or other competent authority, then the other provisions of these General Terms and Conditions will remain in full force and effect and will not be disturbed in any way.
- 18.7. This General Terms and Conditions remain in effect after the termination, closure or suspension of the Mobee Platform either temporarily or permanently.
- 18.8. This General Terms and Conditions are made in English and Indonesian. If there is a conflict or inconsistency between the English version and the Indonesian language version, the Indonesian version will prevail.