TERMS AND CONDITIONS FOR THE AXA MANDIRI DIGITAL PLATFORM USERS

Effective Date: 15 October 2020

PLEASE READ THESE TERMS AND CONDITIONS BEFORE ACCESSING OR USING THE AXA MANDIRI DIGITAL PLATFORM

Welcome to the portal, website, and/or customer portal application and AXA Mandiri reward point service ("Our Service Platform") which is managed and owned by PT AXA Mandiri Financial Service ("AXA Mandiri" or "Us"). Please read the terms and conditions for using our Platform ("Terms and Conditions") carefully.

By accessing our Service Platform and agreeing to these Terms and Conditions, you will be bound by these Terms and Condi-tions. If do not agree these Terms and Conditions, then please do not access our Service Platform. If you do not agree to these Terms and Conditions and continue to access our Service Platform, then you will be considered to have agreed to these Terms and Conditions.

Access to a password and use of a password of a protected account on our Service Platform, is limited only to the legal owner of the account as provided for in the laws and regulations prevailing in the Republic of Indonesia.

1. ABOUT US

We are a joint venture company owned by and between PT Bank Mandiri (Persero) Tbk., and National Mutual International Pty. Limited (AXA), which was incorporated and existing under the laws of the Republic Indonesia, and domiciled at AXA Tower 9^th Floor, Jl. Prof. Dr. Satrio Kav. 18, Kuningan City, South Jakarta, Indonesia. AXA Mandiri registered and supervised by the Financial Services Authority (FSA) of the Republic of Indonesia.

2. OBLIGATIONS, PROHIBITIONS AND< RESPONSIBILITIES OF USERS

In these Terms and Conditions, that which is meant by "You" or "User" isany party, whether natural person or legal entity, who accesses and uses our Service Platform. The following are the obligations, prohibitions and responsibilities of the Users in accessing and using our Service Platform:

1. Each User shall be obliged to read, understand and comply with these Terms and Conditions along with any amendments thereto from time to time;
    
2. Any risk of misunderstanding, errors, damages, costs, or losses resulting from the use of our Service Platform shall be your full responsibility and we are not responsible for these risks;

3. Each User shall be obliged to ensure and inform that any and all information or data you have provided, announced, sent, or displayed on our Service Platform are true, accurate, complete, and up to date in order to get services from time to time, and you have agreed to guarantee and be responsible for the truthfulness of such information or data;
    
4. Each User must always update information or data or personal data on his/her account that you have provided on our Service Platform, including but not limited to the data of telephone number, electronic mail addresses (e-mail), correspondence addresses according to the personal data column listed on Our Service Platform;

5. Each User shall be responsible for any and all matters or activities carried out on our Service Platform, and agree to indemnify and hold Us, including but not limited to the shareholders, the members of the Board of Commissioners, the members of the Board of Direc-tors, the Officers, the Employees, and/or our Affi-liates harmless against any and all losses resulting from the errors or negligence/omissions committed by the Users;

6. Each User shall be responsible for maintaining the confidentiality and security of his/her account, including but not limited to his/her username, password, and other security codes and shall be fully responsible for all activities carried out by or on behalf of the User's account;

7. Each User shall be responsible for ensuring regular maintenance and using the latest software to prevent disruptions and damage that can occur to the devices used by the Users caused by, including but not limited to viruses, hacking, trojans, or hardware damage;
    
8. In the event that the User is aware and realizes that the information or data possessed by him/her is information or data that should not be received or owned by other person/party, then the User shall be obliged and agree to notify such information or data directly to Us and not disseminate the infor-mation or data in any form whatsoever;

9. Each User shall be prohibited from committing an unlawful act or an act that is contrary or not in accordance with the laws and regulations prevailing in the Republic of Indonesia, including but not limited to an act that is deliberate in any way to get benefits or profits for him or her or other parties unlawfully, which cause losses to Us, Our business partners, other Users on our Service Plat-form, and other parties; and

10. Each User shall be obliged to always access and/or use Our Service Platform only for the purposes that are not prohibited by the laws and regulations or contrary to the norms or public orders, and in a lawful manner and you further agree to carry out activities related to Our Service Platform in good faith.

3. USER’S ACCOUNTS

1. To be able to access and/or use Our Service Platform, you must have an account on Our Service Platform by activating it first.

2. We will send your username on Our Service Platform to your electronic mail (email) address that is registered on our system. Please activate your account and set a password for your account on Our Service Platform.

3. We, may at any time under our discretion, ask you to update your personal data or we can cancel your username and/or password on Our Service Platform without prior notification and we are not respon-sible for loss (if any) suffered by you, or caused by you, or arising from the cancellation, or in connection with the cancellation, or based on the reason for cancelling a cancellation or for the cancellation itself.

4. You must immediately contact Us if you are aware or have reason to suspect that the confidentiality of your username and/or password on Our Service Platform is revealed, or if there is unauthorized access and/or use of your username and/or password on Our Service Platform or if your personal data requires for updating.

5. We have the right, but are not obligated to consider and conclude that the use of your username and/or password from your account on our Service Platform shall be done by you, and therefore we reserve the right to hold you accountable for such use, unless there is a previous report on unauthorized access and/or use of your username and/or password that has been proven.

6. You further agree and acknowledge that you are bound and fully responsible for compensating all losses arising from and due to access to and/or use of our Service Platform using your account on our Service Platform.

4. PROTECTION OF PERSONAL DATA

1. We are committed to making the best efforts to maintain the security and confidentiality of your personal data, so that you are protected from all forms of loss or unlawful or unauthorized use by organizing a good and reasonable security system, which includes the implementation of physical, technical procedures, and the organization policies to prevent unauthorized or unlawful access, collection, use, disclosure, copying, alteration, and deletion.

2. Please ensure the correctness, accuracy, complete-ness and updating of your personal data that you have provided to us. If you know that your personal that we have or manage is untrue, inaccurate, incomplete, or not up to date, please complete or adjust your personal data by adjusting the same independently on our Service Platform or you can contact us at the contacts listed on our Service Platform. We urge you to always update your personal data if the personal data recorded on our Service Platform is no longer relevant, in order that we can always provide the best service for you. If we find that your personal data is incorrect, inaccurate, incomplete, or not up to date, then we have the right to ask you and you shall be obliged to provide confirmation on the correctness, accuracy, comple-teness, or update of your personal data. You agree that you cannot submit any request, claim, demand, or right to us if we find that your personal data that you have provided to us is incorrect, inaccurate, incomplete, or not up to date.

3. To protect your privacy, we will verify your identity before giving access to your account on our Service Platform (including making changes to personal data listed on your account on our Service Platform). We will try to answer questions or requests for access or adjustment of personal data on your account on our Service Platform as soon as possible with due observance of these Terms and Conditions and any related applicable regulations or policies.

4. You are responsible for: (i) maintaining the confi-dentiality of your personal data, including but not limited to, the information listed on your AXA Mandiri policy, and the username and password from your account on our Service Platform to anyone; and (ii) must always maintain and be responsible for the security of the device you use.

5. For the avoidance of doubt, the scope of protection of your personal data as referred to in these Terms and Conditions includes protection against the acquisition, collection, processing, analysis, storage, appearance, announcement, transmission, distribution/dissemination and destruction of your personal data as referred to in the Regulations of the Minister of Communication and Information Technology of the Republic of Indonesia Number 20 of 2016 concerning Protection of Personal Data in Electronic Systems as may be amended or replaced.
     
6. To ensure good implementation, we have also adapted the rules on data management from the AXA Group Binding Corporate Rules which are recognized inter-national standard rules for the protection of personal information approved by the Data Protection Authority (CNIL) and 15 other EU Data Protection Authorities.

7. More detailed information with regard to privacy guarantees and/or protection of Personal Data can be accessed in the Privacy Policy.

 

5. INTELLECTUAL PROPERTY RIGHTS

1. All and every intellectual property rights that exist and arise in our Service Platform are ours. All and every, including but not limited to names, logos, program codes, designs, trademarks, techno-logy, databases, processes and business models listed on our Service Platform are protected by intellectual property rights under the laws pre-vailing in the Republic of Indonesia and registered with the relevant authorities in the name of us (including any third parties that we have given permission), our affiliates, our partners. You can use the information or contents on our Service Platform only for the non-commercial purposes, unless determined otherwise and/or permitted in writing by us or the related prevailing laws and regulations. Therefore, you are prohibited from, including but not limited to:

1. copying, modifying, distributing, transmitting, removing, hacking our Service Platform (inclu-ding but not limited to security systems, soft-ware, features, and services, accounts and personal data therein) or take other actions violating the related applicable regulations and policies;

2. using and/or accessing unofficially to harm, damage, weaken, or endanger every aspect of our Service Platform including but not limited to services, systems and networks related thereto; and

3. producing, distributing, or reproducing in any way any information or material belonging to us or is protected by related intellectual property rights without prior written approval from us.

2. We reserve the right to delete or change any content of our Service Platform for any reason whatsoever in accordance with the applicable rules, policies and conditions without requiring us to obtain prior written approval from you.

3. othing in these Terms and Conditions or our Service Platform that can be construed as granting, either implicitly or explicitly, or interpreted as a license or right to use (including on other page links) any trademark displayed on our Service Platform for commercial purposes, without prior written permission from us or the trademark owner.

6. CONTENTS, OFFERS AND PROMOTIONS

1. It is necessary to understand that from time to time we may hold and publish content, promotional activities, or offers with various information on our Service Platform. Please read carefully any information or terms and conditions on the contents, offers and promotions on our Service Platform.

2. We may establish cooperation with any third parties who provide contents or promotions on our Service Platform. All contents, offers or promotions shall be the sole responsibility of the third parties. Your access or use of contents, offers, or promotions provided by the third parties is a form of your approval to comply with the terms and conditions set by us or any third parties who establish cooperation with us to provide such contents, offers or promo-tions on our Service Platform.

3. If considered necessary, we may from time to time change, replace, and/or revoke any contents, offers and promotions available on our Service Platform, without prior written notification to you.

7. COOKIES POLICY

Cookies shall mean alphanumeric identifiers we have transferred to the device you use via a web browser, when you visit our Service Platform. By using cookies, we can recognize you when you return to our Service Platform and improve our services for you.

We use cookies to provide the best experience when you visit our Service Platform, such as:

1. 1. makes it easy for you to register to get information on the products and services you want on AXA Mandiri;

1. 2. remember your preferences on our Service Platform; and

1. 3. adjust the contents of our Service Platform to display the products and services that are relevant/ according to your preferences.

By continuing to use our Service Platform, therefore you provide your approval for cookies that are placed on our Service Platform. We use information that has been collected via cookies for the purposes as described in our Cookies Policy.

However, you have the right to accept or refuse the cookies to be stored on your device by modifying the settings on the web browser you are using. Please refer to the instructions on your web browser or the "Help" function or those equivalent to that on your web browser to help you to adjust the needs of using cookies on your device. If you choose to reject/disable the cookies, please understand that you may not be able to use all the services available on our Service Platform. Further information on the use of cookies can be accessed in our Cookies Policy.

8. THIRD PARTY’S LINKS

Our Service Platform may provide certain links that refer or direct you to pages from third party’s web sites, which also include links available on certain product search results pages. You are responsible for all and any risks that exist when accessing and using links belonging to the third parties on our Service Platform. We recommend that you shall read and understand first the contents of the terms and conditions appli-cable on the link belonging to the Third Party.

9. RIGHTS AND LIMITATION OF OUR RESPONSIBILITY

1. To maintain service performance on our Service Platform, we can perform maintenance, upgrade, modernization, emergency repair of our Service Platform (including but not limited to the features and/or systems therein), so as to prevent failures on telecommunication networks and/or equipment, etc. that may occur beyond our control. We will not be responsible for any inconvenience, delay, failure, damage, or loss caused by these problems.

2. We have the right, but are not obligated to monitor each of your access or use of our Service Platform at any time. However, we will supervise with the aim of ensuring the smooth use of our Service Platform by you and ensuring your compliance with these applicable Terms and Conditions, as well as the prevailing laws and regulations.

3. To the extent permitted by prevailing laws, we, including our shareholders, members of the Board of Commissioners, members of the Board of Directors, Officers, Employees, and/or affiliates are not responsible for and you agree to indemnify and hold us, including our shareholders, members of the Board of Commissioners, members of the Board of Directors, Officers, Employees, and/or Affiliates harmless against responsibilities for all and any damages or losses including but not limited to the loss of money, reputation, potential profits, or other intangible losses caused by, both directly and indirectly, including but not limited to:

1. any disruptions, bugs, errors, or inaccuracies in our Service Platform;

2. inability to use our Service Platform;

3. negligence and losses incurred by each User;

4. disputes between the Users;

5. contents, promotions, offers and/or other materials contained in the links belonging to any third parties;

6. viruses or other malicious software (bots, scripts, or other automation tools) obtained from accessing, or connecting to our Service Platform;

7. damage to the User's device for each feature on our Service Platform;

8. there are hacking done by any third parties on the Registered User's account;

1. misuse of User accounts occurred due to the User’s errors or negligence, including but not limited to lending accounts to other parties, providing password access to other parties, providing authentication codes to other parties, accessing links from other parties, or other negligence that results in losses;

10. the unavailability of features/content/services on our Service Platform at any time or for an indefinite period due to our policies or things that happen beyond our control; or

11. events beyond our authority or control, including but not limited to natural disasters, riots, power failure, telecommunications disruptions, government policies, etc.

4. e have the right, but are not obligated to take any action or legal action considered necessary by you and any third parties who provide contents on our Service Platform for any problems or disputes that arise between you and any third parties who provide contents on our Service Platform. However, we will endeavor to facilitate any problems or disputes that arise between you and any third parties providing the contents on our Service Platform with the efforts that we consider necessary, reasonable and appropriate. When we facilitate the resolution of problems or disputes between you and any third parties who provide contents on our Service Platform, we do not act as a mediator, and that matter does not create legal obligation in any form whatsoever to us.

5. We reserve the right to prevent or limit User’s access to our Service Platform.

6. We reserve the right to report activities that are suspected of violating prevailing laws and regula-tions to the relevant authorities and cooperate the relevant authorities.

7. We reserve the right to request information and data from you in connection with the use and/or access of our Service Platform at any time, and as our right, if you refuse to provide/disclose the information/ data, or if you provide inaccurate or misleading information, or if you provide dishonest informa-tion, or if we have sufficient reason to suspect that you have provided inaccurate or misleading information or provided dishonest information, we may prevent or limit your access to our Service Platform.

8. We, including our Shareholders, members of the Board of Commissioners, members of the Board of Directors, Officers, Employees, and/or Affiliates shall not be responsible for any losses arising from errors or inaccuracies of the information/data/documents that you have provided to us. Please always update your personal information and data on our Service Platform so that we can provide the best service for you.

10. TERMINATION

1. Based on our policy, immediately after informing you, we can stop your use of our Service Platform and/or deactivate your account. We may terminate your access to our Service Platform (or any part thereto) for certain reasons, including any viola-tion of these Terms and Conditions or if we believe the reasonable reasons that you have violated or acted inconsistently with these Terms or Conditions applicable herein as well as the prevailing laws and regulations. We can also discontinue your use of our Service Platform based on our opinion or the opinion of the relevant authorities.

2. For the purpose of terminating your use or access to our Service Platform or your account on our Service Platform, you and We have agreed to waive the provisions as provided for in Article 1266 of the Indonesian Civil Code, so that the termination will be done without requiring approval or verdict of a court of law or other related institutions authorized in the Republic of Indonesia.

11. MISCELLANEOUS

1. We establish these Terms and Conditions in Indonesian language and in English to comply with the provisions Law of the Republic of Indonesia Number 24 of 2009 regarding National Flag, Language, Emblem and Anthem that is approved and understood by you. In the event of a dispute in the interpretation of these Terms and Conditions between the Indonesian version and English version, the Indonesian version shall prevail.

2. We control and manage our Service Platform in the Republic of Indonesia and we make no representations and warranties that any information or description contained in our Service Platform is relevant or can be used in other jurisdictions. The use and access of our Service Platform is governed by and interpreted in accordance with the laws of the Republic of Indonesia and in the exclusive juris-diction of the South Jakarta Court of First Instance.

3. We and you have agreed that if a dispute arises between you and us from or in connection with our Service Platform and these Terms and Conditions, we and you have agreed to meet and try to resolve the dispute in discussion and deliberation leading to mutual consensus within a period of 30 (thirty) business days, as of the day such dispute is notified in writing by one party to another party. If such dispute cannot be resolved by deliberation and discussion leading to mutual consensus within that period, we will resolve such dispute with you through the South Jakarta Court of First Instance.

4. Our failure to implement these Terms and Conditions cannot be interpreted as a waiver of those provisions and such failure will not prejudice to our rights to further implement these Terms and Conditions. We will still reserve the right to use our rights and remedies in any other situation where you violate these Terms and Conditions.

5. If at any time any provision in these Terms and Conditions becomes invalid or unenforceable in any case, then the legality, validity and enforceability of the other provisions in these Terms and Conditions will not be affected or prejudiced due to this matter, and shall remain valid.

6. We, by notification via our Service Platform or by other methods we choose (including notification by electronic mail (email)), may change these Terms and Conditions which take effect on the effective date we determine through the above-mentioned method. If you use our Service Platform after the effective date, you are considered to have accepted such changes. If you want to reject such changes, you must stop accessing or using our Service Platform. Our right to change these Terms and Conditions as mentioned above can be exercised without consent/ approval of any person or entity that is not a party under these Terms and Conditions.

7. You cannot transfer or assign your rights and/or obligations to the Terms and Conditions without our prior written consent.

8. We are indemnified from responsibility for default, errors, interruptions or delays in carrying out obligations or any inaccuracies, or inconsistencies on our Service Platform, if it is caused, in whole or in part, directly or indirectly, by an event or failure caused by the force majeure that can be accounted for.

9. Information or description or data contained on our Service Platform is provided in good faith on an "as-is basis". You shall be obliged to verify the information or description or data before using the information or description or data. We do not provide any representations and warranties that the information or description or data contained on our Service Platform is accurate and complete or that access and/or use of information or description or data or our Service Platform will be timely and safe as well as will not be interrupted. We are not responsible for any and all losses suffered by you directly or indirectly from the result of your use of information or description or data or our Service Platform.

10. We reserve the right to change these Terms and Con-ditions at any time. You agree that the continuation of any access and/or use of our Service Platform by you after changes to these Terms and Conditions displayed will be considered as approval by you for changes to these Terms and Conditions.

12. CONTACT US

You can contact us via electronic mail (email) to customer@axa-mandiri.co.id or by telephone to number 1500 803 (throughout Indonesia) or +62-1500803 (outside Indonesia).

YOU HAVE READ AND UNDERSTOOD EACH AND ALL OF THESE TERMS AND CONDITIONS FOR USING THE AXA MANDIRI CUSTOMER PORTAL PLATFORM AND POINT REWARD SERVICE, ALONG WITH THE CONSEQUENCES THEREOF. YOU HEREBY ACCEPT EVERY RIGHT, OBLIGATION, TERMS AND CONDITIONS PROVIDED FOR IN THESE TERMS AND CONDITIONS. BY CONTINUING TO ACCESS OR USE OUR SERVICE PLATFORM AND/OR SERVICES CONTAINED IN OUR SERVICE PLATFORM, YOU AGREE TO SUBJECT TO AND COMPLY WITH ANY AND ALL PROVISIONS OF THE PREVAILING LAWS AND REGULATIONS AND THESE TERMS AND CONDITIONS, INCLUDING ANY CHANGES THERETO FROM TIME TO TIME AND THE TERMS OF THE USE OF EACH OF OUR AFFILIATES AND/OR ANY THIRD PARTIES WHO ESTABLISH COOPERATION WITH US. YOU CAN STOP ACCESSING OR USING OUR SERVICE PLATFORM IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS AND CONDITIONS.