Earn – Terms and Conditions

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PINTU EARN TERMS AND CONDITIONS

These terms and conditions (“T&Cs”) regulate your use and access to Pintu Earn (“Pintu Earn”) as one of the services of digital crypto asset trading held by PT Pintu Kemana Saja (“Pintu”, “we”, “us”, “our”). By accessing and/or using Pintu Earn, you agree to be bound by these T&Cs and you agree that these T&Cs constitute a legally binding agreement between you and Pintu. If you do not agree to these T&Cs, you may stop accessing and/or using Pintu Earn. 

GENERAL TERMS

  • By accessing and/or using Pintu Earn, you acknowledge, admit and agree that you have accepted and acknowledged the risk of loss associated with the loss of value or reduction of value of your digital crypto asset. In general, the digital crypto asset value may substantially fluctuate that you may suffer losses in relation to your ownership, placement, storage or use of Pintu Earn, to the extent the total value of your digital crypto asset that you place with Pintu Earn.
  • You are obliged to comply with these T&Cs, the terms and conditions as well as privacy policy available with the Pintu app or website and have been approved as a registered and verified user to access and/or use Pintu Earn.
  • You acknowledge and agree that in the event of any noncompliance to the T&Cs, the terms and conditions as well as privacy policy available with the Pintu App or website, or Pintu suspects or determines that you are indicated as being involved in any fraudulent activities that may create damages to other users, Pintu or any other third party, then Pintu, with its own final and binding discretion, may conduct any things necessary to, among others, retain any benefit or yield, seek damages, suspend temporarily, halting access, limiting access, deletion of account and prohibition to use any Pintu services in any form.
  • Pintu may vary part or all terms under these T&Cs by notice through Pintu app or  website or such other method of notification as Pintu may designate, which such variation shall take effect on the date that we specify through the above means. If you use Pintu Earn after such date, you are deemed to have accepted such variation. If you do not accept the variation, you must stop access and/or using Pintu Earn. You are advised to continuously review these T&Cs in Pintu app or website.

INTERPRETATION

  • Pintu is a digital crypto asset trader that is legally registered with and supervised by the Indonesian Commodity Futures Trading Regulatory Agency (Bappebti). As such, you agree and acknowledge that Pintu is not and will not be considered as a bank and Pintu Earn may not be considered as time deposits or savings account or any other similar services for fiat currencies.
  • Pintu Earn, along with the digital crypto asset that you place with Pintu Earn, is not subject to the insurance terms as determined by Indonesian Deposit Insurance Corporation (Lembaga Penjamin Simpanan).
  • Pintu shall not act as your attorney, trustee or investment manager in any of your actions in using Pintu Earn. By using Pintu Earn, you agree and acknowledge that you are not establishing Pintu as your trustee or investment manager and there shall be no fiduciary relationship between the parties. All of your actions in using Pintu Earn are determined consciously by yourself.

PINTU EARN 

Pintu Earn is a product offered by Pintu to give you opportunities to obtain benefit or yield by way of placing or storing digital crypto assets that you owned in your Earn Wallet. You can access Pintu Earn through the shortcut on the main page of Pintu app or through the wallet page. 

ELIGIBILITY

All registered and verified users of Pintu may use Pintu Earn services. Please ensure you have downloaded the latest version of Pintu app on your mobile phone.

DIGITAL CRYPTO ASSETS MANAGEMENT

  • You may transfer your digital crypto asset from your Main Wallet to your Earn Wallet to participate in this Pintu Earn services. Pintu will not deliver any yield or benefit if you do not transfer your digital crypto asset to your Earn Wallet.
  • You may transfer your digital crypto asset that is placed in Earn Wallet to your Main Wallet, vice versa, at any time through Pintu app.
  • Any Earn Wallet that you establish is independent and segregated from your Main Wallet. As such, the calculation of benefit or yield from any digital crypto asset that you placed with the Earn Wallet in relation to Pintu Earn shall be done separately for each type of digital crypto asset in such Earn Wallet.
  • There is no minimum or maximum amount of digital crypto asset that you may place in your Main Wallet to Earn Wallet and vice versa. Notwithstanding the foregoing, Pintu may set a minimum and maximum limit of digital crypto asset amount that can be given benefit or yield. As an example, if the maximum limit of digital crypto assets for BTC is BTC 5, and you placed BTC 6 in your Earn Wallet, then the benefit and yield that will be given is only covering BTC 5.

YIELD, BENEFIT AND RELATED TERMS

  • Yield or benefit will be given to each user that has opened an Earn Wallet and placed or stored digital crypto asset in such Earn Wallet.
  • The value of yield or benefit for each digital crypto asset will be calculated based on the annual percentage yield (APY) fixed rate, which the value shall differ for each digital crypto asset.
  • The value of yield in percentage as mentioned above shall be available in the front page of Pintu Earn and may be changed at any time without prior written notification to you.
  • Yield or benefit shall be given to each user every hour based on the applicable yield rate.
  • The calculation of yield shall be conducted in a manner similar with the following simulation:
    Effective rate: 4% per year
    Hourly rate (compounding): ((1 + 4%) / (365 day * 24 hour)) – 1 = 0.0004477%
    The amount of applicable asset: 10
    The benefit that will be given per hour: 10 * 0.0004477% = 0.00004477
    Asset amount post benefit after one hour: 10 + 0.00004477 = 10.00004477
  • Pintu will only provide the Benefit to You in accordance with the provisions under these T&Cs and Pintu will not provide any other benefit (including Airdrop) unless notified in writing and separately to you by Pintu.

TAX

You agree that any tax obligations and/or fees arise upon and/or applied to in relation to the use of Pintu Earn services shall be borne by each party in accordance with each party’s portion.

REPRESENTATION AND WARRANTIES

You agree that you: (i) have disclosed all true, accurate and complete information to Pintu as part of the Know Your Customer (KYC) process; (ii) have complied with all terms stated in these T&Cs, terms and conditions and privacy policy available with the Pintu app or website, as well as all prevailing laws and regulations in Indonesia; and (iii) shall not permit or be involved in any fraudulent activities towards other users, Pintu or any other third party, including, but not limited to, use of bot or any other technology to manipulate or forge data to increase the yield or benefit that you may obtain from Pintu Earn.

RISKS DISCLOSURE

  • You agree and acknowledge that you are accessing and using Pintu Earn with your own risk. You acknowledge and admit that there are risks in using Pintu Earn, including, but not limited to, the listed risks below.
  • Legality: In accordance with the prevailing regulations and supervision of related authorities, we may vary, suspend or terminate Pintu Earn. You are responsible to determine whether your use of Pintu Earn is in accordance with the legality in your jurisdiction. You are prohibited to use Pintu Earn should such use be regarded as illegal in your jurisdiction. You are advised to seek independent legal advice should you feel uncertain.
  • Cyber Attack: You acknowledge that digital crypto asset may be subject to expropriation, theft or fraud by hackers or any malicious groups that may attempt to interfere with our system in any way, including malware attacks, denial of service attacks, consensus-based attacks, sybil attacks, smurfing and spoofing that may result in the loss of your digital data.
  • Source Code Weakness: you acknowledge that our system may unintentionally include weaknesses or bugs in the source code which may adversely affect Pintu Earn system.

FORCE MAJEURE

Any default, failure, interference or delay in complying with the obligations or any inconsistencies at Pintu Earn that is caused by, whether entirely or partially, direct or indirect, by an event or such failure is caused by any reason whatsoever beyond our control including, but not limited to, natural disasters, act of government (including change of law or anything that is unexpected beyond reasonable control of), failure or disruption to public or private telecommunication network; communication lines or information system, war, terrorism, riot, virus, malware, other malicious computer source code, or hacking, shall not be regarded as Pintu’s failure in delivering its obligations under these T&Cs.

LIMITATION OF LIABILITY

  • Notwithstanding any provisions in these T&Cs, in no event shall either party be liable to the other party for any type of incidental, special, exemplary, punitive, indirect or consequential damages, including, but not limited to, lost revenue, lost profits, replacement goods, loss of technology, loss of data, or interruption or loss of use of services or equipment, even if such party was advised of the possibility of such damages, and whether arising under theory of contract, tort, strict liability or otherwise.
  • Notwithstanding the foregoing, without limiting the substance of other terms in this T&Cs and to the fullest extent permitted by the prevailing regulations, you agree and acknowledge that Pintu’s aggregate liability for any loss or damage arising in connection with Pintu Earn is limited to the total amount of yield or benefit that has been received by you in the past 3 (three) months prior the event giving rise to the claim of liability. 

INDEMNIFICATION

You agree and acknowledge that you will defend, indemnify, and hold harmless Pintu and each of its respective employees, officers, directors, employees and/or its affiliates in its entirety from and against any claims, damages, losses, liabilities, costs, and expenses that may be suffered by Pintu or may be claimed towards Pintu, whether direct or indirect, in relation to your failure in complying with these T&Cs, the terms and conditions and privacy policy available with Pintu app or website and/or in fulfilling your obligation to comply with prevailing laws and regulations.

TERMINATION

  • The applicability of these T&Cs will be terminated immediately by the closing of your Earn Wallet whether independently by you or forcefully by Pintu in accordance with the terms of these T&Cs. For avoidance of doubt, the termination of these T&Cs shall not prevent any party from seeking any remedies against any other party for any breach of these T&Cs in accordance with the terms of these T&Cs and prevailing regulations.
  • If you have a remaining balance of digital crypto assets in Earn Wallet that has been suspended or closed, you are entitled to recover such balance. Notwithstanding the foregoing, we have the right to retain any remaining balance if we are prohibited by law or a court order to release such digital crypto asset or where we have reasonable grounds to suspect that such digital crypto asset was obtained through fraud or any unlawful means violating these T&Cs, prevailing regulations or connected with any criminal activities. 

GOVERNING LAW AND ARBITRATION

  • These T&Cs are governed by the laws of the Republic of Indonesia.
  • Any dispute or claim arising out of or in connection with these T&Cs, or any noncompliance, termination or defect thereof, shall be finally settled by arbitration in accordance with the arbitration rules of the Indonesian National Arbitration Board (“BANI”) based on the prevailing regulation adopted by BANI. The arbitration process shall be held with 1 (one) arbitrator appointed by Chairman of BANI. The arbitration is in Jakarta. Any arbitral award is final and binding to the parties. 

MISCELLANEOUS 

  • Severability: The invalidity of the whole or part of any provisions of these T&Cs shall not affect the validity of the whole or part of any other provisions of these T&Cs, the remaining portions of these T&Cs shall remain in full force and effect.
  • Language: These T&Cs are made bilingual in Bahasa Indonesia and English. In the event of inconsistency between the Bahasa Indonesia version and the English version, the Bahasa Indonesia version shall prevail.