Terms and Condition

1. Introduction

Welcome to the website of www.pintu.co.id and/or its mobile application (“Pintu Platform”). These Terms and Conditions (hereinafter shall be referred to as “Terms and Conditions”) is an agreement between you as a customer or user (“you” or “User”) and PT Pintu Kemana Saja (“Pintu” or “us”) based on the applicable laws and regulations, including Regulation of Commodity Futures Trading Regulatory Agency (Badan Pengawas Perdagangan Berjangka Komoditi or “Bappebti”) No. 8 of 2021 (as lastly amended through Bappebti Regulation No. 13 of 2022); which governs on the use of service, technology, product, Application Programming Interface **(API), and other services as made available for you through Pintu Platform and further governed through these Terms and Conditions (“Services”).

Before you use the Services, we suggest you to carefully read all the contents of these Terms and Conditions together with other documents as mentioned herein. By accessing, downloading, using or clicking on the button available on Pintu Platform to register for accepting and/or using any Services provided by Pintu, you agree that you have read, understood and accepted all of the terms and conditions stipulated in these Terms and Conditions as well as our Privacy Policy at https://pintu.co.id/en/pages/privacy-policy. In addition, when using some features of the Services, you may be subject to specific additional terms and conditions applicable to those features.  

BY YOU REGISTERING AS A USER OF PINTU PLATFORM, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE LEGALLY BOUND TO THE ENTIRE CONTENT OF THESE TERMS AND CONDITIONS.

Pintu has the right to change, modify, add and/or make variations to these Terms and Conditions from time to time. Pintu will make reasonable efforts to make reasonable notifications to Users regarding any material changes to these Terms and Conditions, which will be published through the Pintu Platform or other media. However, the User remains responsible for knowing any changes made to these Terms and Conditions. Therefore, we suggest that Users check and read these Terms and Conditions from time to time to find out about any changes made by Pintu.

BY USING THE SERVICES ON PINTU PLATFORM CONTINUOUSLY AFTER SUCH CHANGES ARE MADE, THE USER IS CONSIDERED TO HAVE ACCEPTED ANY CHANGES TO THESE TERMS AND CONDITIONS. IF THE USER DOES NOT AGREE TO ANY CHANGES MADE, THE USER SHOULD STOP USING THE SERVICES IN PINTU PLATFORM. THE USER WILL NOT RECEIVE ANY COMPENSATION FROM PINTU FOR ANY CHANGES TO THESE TERMS AND CONDITIONS.

All capitalized terms and not specified otherwise, have the meanings stated in the “Definitions and Interpretation” section at the end of these Terms and Conditions. Provisions on interpretation in such section applies to these Terms and Conditions

2. Company Profile

3. Availability of Pintu’s Services and Platform

You understand and agree that the Services and/or Pintu Platform provided to you are as is. To the extent permitted by applicable law and in accordance with Pintu’s sole discretion, Pintu has the right to modify, develop, temporarily suspend, stop providing, and/or delete, either in whole or in part, the Services and/or Pintu Platform.

Pintu with its best efforts, will notify you on each of the actions mentioned above.

Unless otherwise stated in these Terms and Conditions, to the extent permitted by applicable law, Pintu and its affiliates or service providers make no representations, warranties or promises whatsoever, whether express or implied, regarding the performance, availability, reliability and accuracy of: 1 ) any software and/or hardware used in connection with the Pintu Platform; 2) every application or feature used or accessed by you to use the Pintu Platform; and 3) the quality of the telecommunications network used by User to access Pintu Platform.

4. Disclosure of Risk Services 

1. Crypto Asset Trading is a high-risk activity. This is because the value of Crypto Assets can change, either increasing or decreasing, significantly from time to time. Pintu does not provide any guarantee and is not responsible for the exchange rates of Crypto Assets. For the avoidance of doubt, risks resulting from buying, selling, holding, investing in any Crypto Asset are not the responsibility of Pintu but are your responsibility. 

In connection with the above disclosure, we strongly recommend that you first learn about Crypto Asset trading so that you truly understand the risks of Crypto Asset trading activities. You are expected to always be careful and measure your financial condition as proper as possible before trading Crypto Assets.

2. You are responsible for determining whether use of our Services is legal or lawful in your jurisdiction and you may not use the Services if such use of the Services is illegal or legally prohibited in your jurisdiction. If you are unsure, please seek independent legal advice. We may be forced to suspend or discontinue or modify aspects of our Services in your jurisdiction elsewhere if requested by a government agency in your jurisdiction without prior notice and for any reason. In such cases, the Crypto Assets in your Account may be frozen for an unspecified period of time until the issue is resolved.

3. Crypto Assets may experience expropriation, theft and/or fraud; hackers or other malicious groups or organizations may try to disrupt our systems or networks in various ways, including malware attacks, denial of service attacks, consensus-based attacks, sybil attacks, smurfing and spoofing which can result in the loss of your digital data, Crypto Assets, or your loss of ability to access or control your Crypto Assets. In such an event and to the extent permitted by law, Pintu is not responsible for any recovery, and you are not guaranteed any recovery, refund or compensation.

4. By trading Crypto Assets, you declare that you are ready to face any risks arising from trading Crypto Assets. Any decision you make in relation to trading Crypto Assets is an independent decision made consciously by you and without coercion from Pintu or any other party.

5. By using the Service, you are deemed to have read, understood and accepted  all risks for the Service, including all risks that has been mentioned above and all other risks that are reasonable to be deemed as risks that must be borne by you.

5. User Registration

1. Requirements of User

To use the Services, the User must:

1. have the age of at least 17 (seventeen); 

2. be capable and has the capacity legally; 

3. fulfil all information and document requirements as explained in Chapter E point 4 of these Terms and Conditions; and 

4. use personal fund or Crypto Assets and not funds or Crypto Assets sourced or owned by other person, or from criminal activities, money laundering, terrorism funding and/or weapon of mass destruction.  

2. Creation of Account 

You can create an Account on Pintu Platform by registering an active email address and password. Apart from active email registration, you can also create an Account on the Pintu Platform by registering using your Google or Apple account.

Each User can only open 1 (one) Account with the same identity.

3. Access of Account

You can access the Account that you have created by: a) entering the Password that you have registered; b) scan Face ID; and/or c) scan fingerprints.

You understand and agree that any use of the Pintu Platform through your Account will be considered as:

1. access to the Pintu Platform and/or use of the Service by you; and

2. legitimate uploads, transactions, data or communications made and published by you.

We will always assume and hold that every action, use and access made with your Account is an action, use and access made by you. You understand and agree that you will be bound and responsible for any liability arising from your use of the Service and/or access to the Pintu Platform using your Account.

The User understands and agrees that the User will take all necessary security steps to maintain the security and confidentiality of information on the User’s Account. Pintu is not responsible for any losses incurred by the User due to misuse of the Account.

4. User Category

Pintu classifies User into 2 (two) categories, being: “Registered User” and “Verified User”. Those categories differentiate the Service features that may be used by Users and document/information that must be submitted by the User to Pintu. 

a. Requirements of Documents or Information

b. Service Features that may be used

Registered Users can access and use Service features on the Pintu Platform on a limited basis but do not yet have the capacity to participate in Crypto Asset trading.

If a Registered User has met the requirements to become a Verified User, then the Verified User can fully access and use the Service features available on Pintu Platform, including but not limited to trading in Crypto Assets supported by Pintu.

c. Exclusion

Pintu does not provide Services and does not accept individuals who are citizens of the United States, born in the United States, holders of a United States Green Card, transact with bank accounts or other financial institutions created in the United States, have tax obligations in the United States, represent or act for and on behalf of others who are citizens of the United States.
 

5. Renewal of User’s Data

The User represents and guarantees that any data, information, documents and/or personal statements provided by the User during the registration and verification process (“User Data“) are correct, original and factual. Users are responsible for any User Data provided to Pintu.

In the event that there is a change to the User Data provided, the User represents, warrants and undertakes that the User will update the User Data on the Pintu Platform. Updates can be made by the User by filling out an electronic form for changing User Data as available on the Pintu Platform, or by submitting a data change request sent via email to the address: [email protected]. 

6. Verification of User’s Data

In order to fulfil the provisions of the applicable laws and regulations and to apply the prudent principle in preventing misuse of the Pintu Service and/or Platform, Pintu will ensure the correctness, authenticity and accuracy of User Data provided by the User. User understands and agrees that Pintu has the right to supervise the provided User Data by, among others: (i) from time to time requesting a copy of User Data and/or additional User Data; and (ii) carry out further verification of User Data through an authorized service provider appointed by Pintu.

In connection with the verification for the above purposes, your User Data in the form of demographic and/or biometric data will be checked for conformity, by PT Indonesia Digital Identity (VIDA) as our partner, with the data recorded in the agency system entitled to issue the related identity.

If your User Data suitability has been verified, then VIDA as an Electronic Certification Provider recognized by the Indonesian Ministry of Communication and Information, will issue an electronic certificate as an evidence that your User Data has been verified and matches the data recorded in the agency system entitled to issue the identity. VIDA’s Privacy Policy (CA Privacy Policy), terms and conditions for VIDA’s Electronic Certificate Operator services contained in the VIDA Electronic Certificate Ownership Agreement (Subscriber Agreement), and VIDA’s Electronic Certification Practice Statement (Certification Practice Statement) can be accessed via  https://repo.vida.id.

User understands and agrees that any transfer, use, management, storage, deletion and/or destruction of User Data by Pintu will be subject to our Privacy Policy as accessible here.

6. Trading Rules

1. Fiat Deposit

To start Crypto Asset trading activities on Pintu Platform, Users are required to deposit money in Rupiah (fiat) currency into the User’s Wallet on Pintu Platform. Fiat deposits in this case can be made through several payment channels as available on Pintu Platform.

2. Sale and Purchase of Crypto Assets

Users need to access the Market page on Pintu Platform by: 1) clicking on the Market menu located at the bottom of the homepage; or 2) clicking on one of the Crypto Assets displayed on the Watchlist page on Pintu Platform home page.

Afterwards, the User will be directed to the Crypto Asset page that has been selected by the User, where the User can choose to buy or sell the selected Crypto Asset by clicking the buy or sell button as available. Users need to enter the amount of Crypto Assets that will be bought or sold in Rupiah units or Crypto Asset units (adjustable).

The system will calculate the value of the Crypto Asset based on the price at the time the transaction was made and also review and confirm each sale / purchase transaction of Crypto Asset so that the User can claim the transaction in the User’s Wallet.

3. Withdrawal

To be able to make fiat withdrawals, a User is required to complete the KYC process and register his/her Bank account first on the Pintu Platform. After this process is complete, the User can withdraw fiat from the Pintu Platform to the registered User’s Bank account. No limit on fiat withdrawals; however, Pintu, based on its sole discretion, has the right to suspend withdrawals if it considers that there are indications of violations committed by Users, including but not limited to these Terms and Conditions and applicable laws and regulations (including those relating to Anti-Money Laundering and Prevention of Terrorism Funding and Proliferation of Weapons of Mass Destruction). 

4. Send and Receive

Users can send Crypto Assets through their Account to another User’s Wallet on the Pintu Platform or to a Wallet outside the Pintu Platform. Specifically for sending Crypto Assets to Wallets outside the Pintu Platform, Users will be charged with a Blockchain Fee. Apart from sending Crypto Assets, Users can also receive Crypto Assets sent by other Users. 

User understands and agrees that when User sends Crypto Asset from internal Wallet Pintu to Wallet outside Pintu or a third party sends Crypto Asset from Wallet outside Pintu to Wallet within Pintu, the party conducting the transaction is fully responsible for executing the transaction correctly, including to ensure the Wallet address is correct. Lack of blockchain fees can cause transactions to be delayed beyond Pintu’s control and inaccuracies in the destination Wallet address can result in loss of User’s Crypto Asset. Pintu is not responsible for delays or loss of User’s Crypto Assets resulting from those errors or omissions.

5. Blockchain Fees

In accordance with number (4) above, Blockchain Fees will be charged to Users who send Crypto Assets to a Wallet outside the Pintu Platform. The amount of the Blockchain Fee that applies depends on each type of Crypto Asset and will be deducted in units of the related Crypto Asset as determined on Pintu Platform. 

6. Transactions Reporting and History

Pintu provides reporting status and Transaction History to record and recap every transaction made by Users through the Pintu Platform, both Fiat transactions and Crypto Assets transactions. This reporting status and Transaction History can be accessed by Users through the Wallet menu available on the Pintu Platform which includes all reporting status and Transaction History regarding deposit, withdrawal, sending, receiving, buying and selling activities carried out by Users.

7. Crypto Assets Liquidation

Users understand and agree that Crypto Assets available on the Pintu Platform can be revoked at any time by Bappebti, in connection with this revocation, Users are required to liquidate their related Crypto Assets.

8. List of Crypto Assets

To find out the types of Crypto Assets available on the Pintu Platform, please click on this link. The list of Crypto Asset types can change at any time with written notification by Pintu.

9. Implementation on the Program of Anti Money Laundering and Prevention of Terrorism Funding and Proliferation of Weapons of Mass Destruction   

As required by the applicable laws and regulations, Pintu implements the Anti-Money Laundering and Prevention of the Financing of Terrorism (APU-PPT) program as well as the Proliferation of Weapons of Mass Destruction. In this regard, Pintu may suspend, delay and/or refuse any Account registration/application and/or any transaction made by the User if there is an indication of a violation by the User of these matters. User hereby understands, acknowledges and agrees that User will not raise any objection in connection with the actions that Pintu takes related to the implementation of the program (including requests for further information in connection with a User transaction, through the CDD or EDD process). 

10. Scheduled Downtime

    Pintu may perform scheduled maintenance on its systems, servers, and infrastructure as necessary for the optimization of Pintu Platform’s performance. During scheduled maintenance, the Services may be temporarily unavailable. Pintu will notify Users in advance regarding this scheduled maintenance through email and/or the Pintu Platform. Users acknowledge the possibility of unforeseen incidents or urgent issues that may arise and require immediate maintenance by Pintu. In the event of unscheduled maintenance due to unforeseen incidents or urgent issues, Pintu will make reasonable efforts to promptly inform Users of the situation and provide an estimated duration of the maintenance. Pintu does not warrant, and the Users acknowledge, that the Services will be uninterrupted or error-free nor that any or all systems of the Services will be available and operational at all times.

11. Others

    User understands and agrees that every transaction including sending Crypto Asset from Pintu to blockchain network is final and irrevocable. Pintu is not responsible for any losses arising due to User’s negligence or fault, including but not limited to losses arising from wrong send addresses in the transaction process.

10. User’s Account

1. User’s Responsibility for Account 

You are responsible for all activities carried out through your Account. Therefore, you hereby agree that you will always maintain the security and confidentiality of your password and always update your account information. In relation to that, Pintu will not, in any way, be responsible if your Account is misused or used by other third party. 

Unless otherwise permitted by Pintu and subject to these Terms and Conditions, you are not allowed to lend, transfer or sell your Account to other Parties. You are also not allowed to use another User’s Account. 

2. Supervision, Suspension, and Termination of of Account

Pintu is fully committed to complying with all applicable laws and regulations and maintaining and developing a good and proper crypto asset ecosystem. To achieve such goals and commitments, Pintu has the full discretion and authorities to conduct supervision over every activity conducted through your Account. In the event that an activity is found which is, or is suspected to be:

1. violation of the Terms and Conditions;

2. violation of applicable law;   

3. fraud, money laundering, and/or terrorism funding; 

4. activities that can interfere with the security of the Door and/or other users; and/or

5. activities that can create, influence or mislead market conditions, the price of a Crypto Asset traded through the Pintu Platform; 

then Pintu has the rights to: 

1. carry out further investigation and verification of the Account;

2. delay or refuse transactions made through the Account;

3. freeze the Fiat and Crypto Asset contained in the Account;

4. temporarily or permanently suspend an Account;

5. withhold or withdraw all benefits given to the Account for each promotion held by Pintu; 

6. cooperate with the competent government authorities for further investigation; 

7. delete or reduce all profits obtained by the User;

8. delete or reduce any prize, which has or has not been given to the User;

9. withhold or withdraw any promotions given by Pintu to Users; 

10. cooperate with the competent governmental authorities for further investigations; and/or

11. take all other necessary actions as long as permitted and/or instructed based on the applicable laws and regulations and/or by the competent authorities. 

If Pintu considers that it is necessary to verify the identity, transactions and activities of the User to maintain the security of the User and/or Pintu against fraud and/or other criminal acts, the User agrees to permit Pintu to temporarily freeze the Account for a maximum of 5 working days (or for a longer period if instructed by the competent authority or there is a report from a financial services institution that cooperates with Pintu) to carry out inspections/investigations, either directly or indirectly through authorized third parties. When Pintu carries out investigative/examination actions, the User understands and agrees that the authorities, the government or professional experts such as auditors or lawyers can access User’s personal data.

Remaining Funds, Crypto Assets, and Information After PINTU Account Termination

If a User’s Account is terminated due to indications of fraud, breach of Terms and Conditions, and law violations, all funds in the User’s Account can be reviewed in advance and can be paid directly to Pintu if there is a loss and liability due to the User’s error. After payment of all invoices to PINTU (if applicable), Pintu Users have 7 (seven) working days to withdraw all funds and/or crypto assets from the Account. Additionally, Pintu can hold full rights over information, funds and crypto assets in the User’s Account which may be submitted to the authorities for further investigation related to fraud, breach of Terms and Conditions, and law violations.

8. Representations, Warranties, and Undertakings

Without prejudice to other representations, warranties, and other undertakings that have been given in these Terms and Conditions, the User represents, warrants and undertakes that:

1. Any User Data provided by the User to Pintu is correct, original, complete and factual. The User understands and agrees that the User will be absolutely responsible for any such User Data;

2. The User will not impersonate an individual or entity, or falsely state the User’s relationship with any individual or entity;

3. The User represents and warrants that the User will use the Service in good faith and will not take actions that are prohibited based on the applicable laws and regulations, including but not limited to acts of money laundering and/or financing of terrorism, financing of the proliferation of weapons of mass destruction, violation of Intellectual Property Rights, unlawful use of personal information belonging to other third parties, gambling activities and/or other activities that are prohibited under applicable laws and regulations;

4. Users are not included in the List of Suspected Terrorists and Terrorist Organizations and the List of Proliferation of Mass Destruction Weapons Funding, as published by the Government of Indonesia, including but not limited to the Center for Financial Reporting and Analysis and government or authorized organizations in other jurisdictions as relevant;

5. Users are not included in the Sanctions List, including but not limited to the UN Sanction List, OFAC, and EU Commission;

6. The User is not a citizen of the United States, was not born in the United States, is not a holder of a United States Green Card, does not transact with bank accounts or other financial institutions created in the United States, does not have tax obligations in the United States, and does not represent or act for and on behalf of others who are citizens of the United States.

7. The User will not do anything that can have bad consequences for Pintu and its affiliates, shareholders, directors, commissioners, employees and/or agents of Pintu, including but not limited to defamation and violation of Pintu’s Intellectual Property Rights.

8. Users will not use the Service in any way that can interfere, negatively affect or hinder other users from using the Service, or which can damage, disable, or hinder the function and operation of Pintu Platform.

9. The user will not use or upload any material or software that contains viruses, malicious code or dangerous components that can disrupt and/or damage data on the Pintu Platform, and/or disrupt and/or damage the operation of the Service, Pintu Platform, computer or another user’s device.

10. Users will not do any action that aim to deceive Pintu, traders, investors or any party in the crypto asset physical market ecosystem in a way designed to create, influence, mislead, or manipulate trading conditions, conditions market, or the price of a particular Crypto Asset.

The User represents, guarantees and promises to Pintu that all information and statements contained in this letter H are true, correct and accurate and will continue to be true, correct and accurate during the User’s use of the Service.

9. Indemnification and Limitation of Liability

You agree to defend, indemnify and hold harmless Pintu and its affiliates, shareholders, directors, commissioners, employees and agents from all claims, demands, suits, demands, actions for damages, losses, costs or expenses (including reasonable attorneys’ fees) arising from or related to:

1. your use of, or your actions in connection with the Pintu Platform and/or Services, including but not limited to your inability to use the Pintu Platform;

2. any messages, feedback submitted by you;

3. your violation of these Terms and Conditions and/or the applicable law; and

4. your violation of the rights of another party, or any other entity.

Unless otherwise stated by law, Pintu (and its affiliates, shareholders, directors, commissioners, employees and agents) will not be liable for any special, indirect or consequential damages, including but not limited to loss of profits, loss of income, loss of reputation, loss of data experienced by Users in connection with the use of the Service.

10. Intellectual Property Rights

All Intellectual Property Rights contained, listed or displayed on the Pintu Platform are owned by Pintu, an affiliate of Pintu or a third party which is the owner of Intellectual Property Rights.

You hereby acknowledge and understand that all Intellectual Property Rights as mentioned above are protected under the applicable laws and regulations.

You acknowledge and agree that you are prohibited from modifying, copying, reproducing, making derivative works and/or other actions in any form or in any way on Intellectual Property Rights, unless expressly permitted in writing by Pintu. 

11. Taxes 

Unless otherwise stated by Pintu, taxes arising from trading of Crypto Assets through Pintu’s Platform will be borne by you. You are advised to consult independently with a personal tax consultant regarding the tax implications of trading of Crypto Assets that you carry out. 

12. Force Majeure

Pintu is not responsible to the User or deemed to have violated these Terms and Conditions by reason of delay in carrying out, or failure to carry out its obligations based on these Terms and Conditions, if the delay or failure is due to events or causes beyond Pintu’s control (“Force Majeure”) which includes but not limited to acts of God (floods, storms, earthquakes or other natural disasters), war or threats of war, sabotage, rebellion, disturbances or civil unrest, acts of terrorism, restrictions, measures or prohibitions of any kind issued by any Government, parliament or territorial authority, labor strike or other industrial action, any damages in connection with satellite, broadcasting and telecommunication.

For the avoidance of doubt, Pintu is not responsible for any loss and damage arising due to delays or non-performance of its obligations under these Terms and Conditions in the event of a Force Majeure Event. 

13. Notices

In the event that you have a message, question or feedback (“Message“) that you wish to convey to Pintu, you can convey the Message to the following addresses:

14. Information Security and Privacy Policy

Pintu fully commits to protect and prioritize the confidentiality and security on your personal data, documents, information, and personal statements. Having said that, Therefore, Pintu will not collect, process, share, store and/or delete personal data from you in a way that is against the law.   

In connection with your use and/or access to the Pintu Platform and/or Service, you understand and agree that you are bound by Pintu’s Privacy Policy available in this link and all changes thereto that can be made at any time, as included in these Terms and Conditions as a reference. 

If you do not agree to the contents of the Privacy Policy, you must stop using the Service on the Pintu Platform.

15. Governing Law and Dispute Settlement

These Terms and Conditions are governed and interpreted based on the laws in force in the territory of the Republic of Indonesia.

Any dispute, difference or claim (“Dispute”) arising from, or in connection with these Terms and Conditions will be firstly settled amicably between you and Pintu.

If within 30 (thirty) days after the date when the amicable settlement conducted there is no settlement agreed upon for the Dispute, the User agrees that the Dispute will be resolved through the dispute settlement means provided by the Futures Exchange. If through dispute resolution provided by the Futures Exchange no agreement is reached to resolve the Dispute, then the User agrees that the Dispute will be resolved through the Commodity Futures Trading Arbitration Agency (Badan Arbitrase Perdagangan Berjangka Komoditi/BAKTI) or the Central Jakarta District Court.

16. Other Provisions

Independent Contractor. The parties are independent contractors and nothing in these Terms and Conditions will create a partnership, venture, joint venture, agency, franchise, representative relationship, sale or exclusivity between the parties. Users are not allowed to accept offers or guarantees on behalf of Pintu and any of its affiliates, shareholders, directors, commissioners, employees and agents.

Waiver. Any failure or delay in exercising any rights, powers or special rights under these Terms and Conditions will not be considered as a waiver of those rights, powers or special rights.

Severability. The invalidity or unenforceability of any of these Terms and Conditions will not affect the validity or enforceability of the other provisions of these Terms and Conditions, which will remain in full force and effect.

Assignment. You may not assign or transfer any rights or obligations under these Terms and Conditions without the written consent of Pintu, including any transfer of control. Pintu may assign or transfer any or all of the rights under these Terms and Conditions, either in whole or in part, without obtaining your written consent.

Entirety. The Terms and Conditions along with any attachments, and other additional policies referred to herein, must be read together and form an integral and inseparable part. 

Language. These Terms and Conditions are made in English and Indonesian language, both versions will be binding on you and Pintu. In the event that there is a discrepancy between the Indonesian language version and the English version, the Indonesian language version shall prevail.