TERMS & CONDITIONS OF Khasbon SERVICES (Early Salary Access, Shariah Compliant Service)
1. Introduction
This Terms & Conditions (“Terms”) describes how PT. Setlary Indonesia Nusantara, a limited liability company duly established under the laws of Republic of Indonesia (“Khasbon”, “We”, “Us” or “Our”) provides its features and services as a Software as a Service (SaaS) provider that provides corporate human resources management features as specified under this Terms including, but not limited to, the Early Salary Access (as defined below) service that enables payouts earlier than the scheduled payday (whether provided by Us independently or in collaboration with third parties cooperating with us, hereinafter referred to as the “Khasbon Services”) through the Khasbon’s mobile device application on Android/iOS and/or website (“Platform Khasbon”) to each and all of its users (“Users”, “You”, “Your” or “Yourself”).
This Terms serves as a legal term and agreement between Khasbon and the Users concerning the utilization of the Khasbon Services within the Platform Khasbon. By accessing the Platform Khasbon, electronically approving (namely checking or clicking the “I Agree” statement) and/or using the Khasbon Services, You represent and warrant that You have read, understood, and agree to be bound and be subject to each and all terms and conditions on this Terms from time to time. If You do not agree to any part, some or all of the contents of this Terms, Khasbon reserves the right to refuse and choose not to provide the Khasbon Services to You.
2. General Terms
This Terms regulates the rights and obligations as well as the agreement applicable between Khasbon and each and all Users regarding the utilization of Khasbon Services.
Khasbon provides corporate human resources management features for its Users which consist of the following services:
Khasbon’s Early Salary Access;
Khasbon’s Human Resources Management;
Other Shariah Compliant products and/or services as Khasbon may provide from time to time.
Khasbon provides the Khasbon Services to:
any Users in the form of legal entity and/or business entity that employ a certain number of natural persons for consummations of its business activities (“Employer”); and
any Users in the form of natural persons who are at least 18 (eighteen) years old and are working for an Employer on a permanent and full-time basis (“Employee”).
This Terms is an integral and inseparable part of other terms and conditions that Users have or must agree to prior to utilizing the Khasbon Services including, but not limited to, the cooperation agreement made and executed by Khasbon and each of Employer (“Cooperation Agreement”), the work commitment letter made and executed by an Employee to access certain features (“Work Commitment Letter”) as well as the privacy policy available on Platform Khasbon (“Privacy Policy”).
Your access to and use of the Khasbon Services is subject to Your acceptance of and compliance with this Terms.
3. Access to Khasbon Account
You must sign up and/or sign in to Your account to access the Khasbon Services. You may get access to a Khasbon account with the following procedures:
a. For Employer
You may contact Us to get access to the Khasbon Services. We may request several data and/or information that We may require to provide You with access to the Platform Khasbon including, but not limited to, executing a Cooperation Agreement that regulates how Khasbon may help You to provide the Khasbon Services within Your organization.
You must appoint one or more persons in charge to act as the intermediary between You and Khasbon in relation to the provision of the Khasbon Services within Your organization (“PIC”). In this regard, You represent and warrant that Your PIC has full power and authority to act for and on behalf of You to implement this Terms including, but not limited to, performing reconciliation and settlement process, managing access for Your Employees and/or other purpose relating the provision of the Khasbon Services within Your organization.
b. For Employee
You may contact the PIC of Your Employer (i.e., director, human resource, finance or direct supervisor) to get access to the Khasbon Services. Your Employer may request Your data and/or information that We may require to provide You with access to Platform Khasbon including, but not limited to, Your Indonesian Identity Card (KTP), payslip and bank account number.
We reserve the right to ask You to provide and/or execute other data and/or information before You are utilizing certain features on Platform Khasbon including, but not limited to, executing a Work Commitment Letter before utilizing the Early Salary Access within Platform Khasbon.
c. You are only permitted to have 1 (one) Khasbon account and access the account on 1 (one) device only.
d. We reserve the right, at Our sole discretion, to approve or reject Your Employer’s application to create a Khasbon account for You and We do not have to provide any reason or explanation for such decision.
4. Utilization of Khasbon Services
a. General Terms
You hereby agree and acknowledge that Your use of the Khasbon Services is and will be in accordance with the Cooperation Agreement made and executed by Khasbon and each Employer. We reserve the right to adjust some parts of Platform Khasbon in accordance with each Cooperation Agreement.
b. About the Services
The following provisions shall be applicable to the Employees only:-
4.1. Upon Activation of your Account, you will be able to utilize the Platform to track your employment information including tracking your working hours, viewing your accumulated earnings for the immediate Pay Cycle and to make a salary advancement request through the Early Salary Access within the Platform. You agree that the provision of the Services are for convenience and may not reflect the actual earnings or serve as a calculation of your payroll from any of your employment. In the event you shall have any disputes in relation to your working hours or the amount of work performed or your earnings as shown on your Account, you are to refer to your employers directly for such disputes.
4.2. You understand that the provision of the Services are subject to your employer agreeing to engage the services by Khasbon and the terms of the provision of such services.
4.3. You agree, understand, allow and authorize your employer, or any of its affiliates to share any information that may be relevant for the Account creation process and any other processes in relation to the provision of Services by Khasbon.
4.4. Early Salary Access (Shariah Certified)
4.4.1. Early Salary Access is a form of financial management service which allows you to withdraw a portion of your monthly salary, which has been earned by you as at the date of your request made on the Platform, prior to your employer’s Payroll Date within the immediate Payroll Cycle subject to these Terms and Conditions.
4.5. Deduction
You acknowledge and agree that any sums you withdraw utilizing our Services (“the Withdrawn Sum”) shall be deducted from your upcoming payroll cycle under the salary deduction scheme by your employer.
Rates and Fees
The Platform Khasbon is free to download. However, Khasbon may charge rates and fees in using certain features within the Platform Khasbon including, but not limited, to service fees, taxes, late charges and/or other fees as agreed by Khasbon and each Employer under the Cooperation Agreement and/or as available within the Platform Khasbon. You may find such rates and fees before You utilize the Khasbon Services through Platform Khasbon. We reserve the right to change rates and fees of the Khasbon Services at any time at Our own discretion by giving 21 days notice. Notwithstanding, this change will only apply to future utilization and will not affect Your past and/or on-going utilization of the Khasbon Services.
Early Salary Access provides three withdrawal options:
Normal – A free withdrawal option processed within 2 working days.
Fast – A withdrawal option processed within approximately 2 hours, with a fee of Rp 50.000.
Instant – A withdrawal option processed immediately, with funds received within 1–2 minutes, and a fee of Rp 80.000.
Limitations
Khasbon may impose limitations on certain features of the Khasbon Services including, but not limited to, limiting the criteria of Employee that may utilize the Early Salary Access maximum disbursement amount for the Early Salary Access for each Employer and its Employees available on the Platform Khasbon in accordance with the Cooperation Agreement made and executed by and between Khasbon and each Employer.
Cancellation
You acknowledge and agree that You cannot cancel any, some or all part of the Khasbon Services if You have utilized it on Your account. Khasbon is not responsible for any duplicate transactions and/or fraudulent transactions on Your account. We urge You to always double-check before You are utilizing the Khasbon Services and contact Khasbon if You suspect that Your account has been misused or hacked by other persons/entities.
5. Security Measures
Khasbon and third parties who work with Khasbon take adequate and appropriate physical, technical, and organizational security measures to protect the Khasbon Services and/or the Platform Khasbon. However, You acknowledge and agree that You have a responsibility to implement appropriate protection in safeguarding Your account and/or other information processed on Platform Khasbon. Please read Our Privacy Policy to understand how Khasbon safeguards and protects Your data and/or information.
6. Third Party Services
Khasbon reserves the right to provide third-parties services within the Platform Khasbon Platform. In this regard, You acknowledge and agree that this Terms apply only when Khasbon acts as the provider of the Khasbon Services within the Platform Khasbon. You represent and warrant that Khasbon cannot and will not be held responsible for the terms and conditions of these third parties’ services and advise You to read the terms and conditions of each of these third parties.
In light of the above, the third parties that cooperate with Us for providing Khasbon Services are as follows:
a. Identity Verification
For the purpose of identity verification checking for the provision of Khasbon Services, Your personal data in the form of demographic and/or biometric data will be checked for conformity by our partner through data verification service, provided by PT Indonesia Digital Identity (“VIDA”), an institution that provides E-KYC service recorded and supervised by the Financial Services Authority of the Republic of Indonesia. If your personal data is verified for conformity, then VIDA will issue an electronic document as evidence that your personal data has been verified and in accordance with the data recorded in the system of the authorized government agency in Indonesia.
Furthermore, in using the Khasbon Services that require your data verification, you hereby acknowledge and agree to the terms and conditions as well as the privacy policy further established by VIDA. You may need to take additional actions separately, including but not limited to sign the necessary documents to use services of VIDA. The terms and conditions and any other matters that must be read and approved for the usage of services provided by VIDA ( https://repo.vida.id ). For accessing Your electronic document in relation to the data verification with VIDA ( https://sign.vida.id ).
We reserve the right to, at Our own discretion, not provide You with the verification data if We think You are not eligible or fulfill Our criteria to access the Khasbon Services.
In connection with the above, You hereby and warrant the accuracy of the personal data you provide and agree to the processing of your personal data to use the Khasbon Services as explained above.
7. Suspension and Termination of Account
Khasbon reserves the right, at its sole discretion, to suspend or terminate Users’ account on a temporary or permanent basis at any time upon the occurrence of any of the reasons set out below.
For Employer
You stop subscribing to the Khasbon Services;
You report that the device that Your PIC use to access the Platform Khasbon is lost, stolen or hacked;
Your representative signed-up or signed-in to Your account in multiple devices;
We know or have sufficient reasons to suspect that Your account has been transferred or used by someone else;
We know or with sufficient reasons suspect that You are in violation of this Terms, the Cooperation Agreement, Your obligations upon the usage of Khasbon Services, and/or applicable laws and regulations;
Suspension or termination orders issued by the governmental or monetary institutions under specific court orders and/or applicable laws and regulations;
You are in the process of dispute, amnesty or other similar matters such as bankruptcy, postponement of debt payment obligations and/or liquidation; or
Other reasons that may harm You or Us including, but not limited to, hacking, fraudulent actions, or other suspicious activities.
For Employee
Request of Your Employer;
You stop working for Your Employer;
You signed-in to Your account in multiple devices;
We know or have sufficient reasons to suspect that Your account has been transferred or used by someone else;
We know or with sufficient reasons suspect that You are in violation of this Terms, Your obligations upon the usage of Khasbon Services, and/or applicable laws and regulations;
Suspension or termination orders issued by the governmental or monetary institutions under specific court orders and/or applicable laws and regulations;
You have passed away, been placed under guardianship or custody or experienced other incapacity that caused You to become legally incapable under applicable laws and regulations; or
Other reasons that may harm You or Us including, but not limited to, hacking, fraudulent actions, or other suspicious activities.
You may file a complaint to Us if You have strong evidence that none of the above reasons happened or have ended. We will help You to re-activate Your account if We believe that the reasons for suspension or termination have ended.
8. Representations and Warranties
For Employer
You are using the Khasbon Services for Your sole commercial benefit and interest;
Your PIC has full power and authority to act for and on behalf of You to implement this Terms;
Each and all data and information You have provided to open a Khasbon account or utilize the Khasbon Services is correct and not the result of falsification so that its accuracy can be guaranteed;
You have obtained approval from each and all of Your Employees for participation in the Khasbon Services set out under this Terms;
You are and will use the Khasbon Services in compliance with this Terms and/or applicable laws and regulations including, but not limited to, anti-money laundering and counter-terrorism financing laws and regulations; and
You will carry out each and all of Your obligations under this Agreement with full responsibility and good faith in accordance with applicable laws and regulations.
For Employee
You are at least 18 (eighteen) years old or are married and are not under guardianship or custody;
You are working for Your Employer as a permanent and full-time employee;
You will continue to work for Your Employer until Your Employer in accordance with the Work Commitment Letter that You have signed (if applicable);
You are and will use the Khasbon Services in compliance with this Terms and/or applicable laws and regulations including, but not limited to, in the field of anti-money laundering and counter-terrorism financing; and
You will carry out each and all of Your obligations under this Agreement with full responsibility and good faith in accordance with applicable laws and regulations.
9. Limitation of Liability
You acknowledge and agree that Khasbon provides the Khasbon Services and the Platform Khasbon in an “as is” and “as provided” basis. Khasbon does not represent or warrant that the reliability, timeliness, quality, suitability, availability, accuracy, completeness or security of the Khasbon Services and/or Platform Khasbon will fulfill Your needs and expectations.
We will give Our best effort (but not guarantee) to make the Khasbon Services available for You at all times. However, You acknowledge and agree that We are not responsible to You if the Khasbon Services are unavailable for a certain period of time for certain reasons that We may or may not disclose to You.
You acknowledge that the use of Khasbon Services within the Platform Khasbon may involve certain risks. While we strive to maintain the security and reliability of our systems, in the event of any damage, disruption, or unauthorized access by third parties beyond our control, you agree that Khasbon shall not be held liable for any resulting consequences.
You acknowledge and agree to fully indemnify, defend, discharge and hold harmless Khasbon from and against any legal proceedings, claims, lawsuits, demands, objections, losses, obligations, responsibilities, costs and expenses in whatsoever form and/or of whatsoever nature (including, without limitation, the settlement and legal costs as well as other costs for the purpose of investigating or defending from any actions) suffered, experienced, or incurred by Khasbon, relating to, as a result of and/or pertaining to:
You breach any terms and conditions set out under this Terms and/or other terms and conditions that You have or must agree to prior to or during the utilization of the Khasbon Services;
any delay, failure of delivery, damage or loss arises from third-party;
You failed to fulfill any obligations, promises, representations and/or warranties stipulated in this Terms for any reason; or
any other damages or losses arises from Your negligence or willful misconduct.
You acknowledge and agree that the limitation of liability set out under this Terms will remain in effect regardless of the cancellation or deactivation of Your account.
10. Intellectual Property
You acknowledge and agree that names, trademarks, logos, content, visual interfaces, information, graphics, design, compilation, codes, software, text, data, layout, images, illustrations, icons, photographs, sounds, video, animation, organization, models, databases, business processes, services, technologies and/or any other form of intellectual property on the Khasbon Services, the Platform Khasbon and/or its other products are the sole property of Khasbon that are protected by copyright, trademark, patent and/or other intellectual property rights under applicable laws and regulations.
No provision in this Terms will constitute, either implicitly or explicitly, as grant, assignment, transfer and/or any action that constitutes a transfer of ownership of Khasbon's intellectual property rights from Khasbon to any Users.
You have no right to and may not, directly or indirectly, partially or wholly, infringe Khasbon's rights thereof, including but not limited to copying, modifying, reproducing, uploading, posting, transmitting and/or distributing any material that You obtained from Khasbon in any way. Any deviations in relation to the utilization of Khasbon's intellectual property rights must be accompanied by prior and specific written approval from Khasbon.
11. Dispute Resolutions
This Terms and the performance hereof will be governed by and construed under and in accordance with the laws of the Republic of Indonesia.
This Terms has been prepared in both the English Language and the Indonesian Language. If there is a conflict between the Indonesian Language version and the English Language version, the English Language version will prevail and supersede all discrepancies in language.
You and Us agree that each and all conflict, dispute, debate or claim arising out of or in connection with this Terms and/or other terms and conditions related to the Khasbon Services must first be resolved by means of deliberation within 30 (thirty) calendar days after either You or Us receives written notification from the other party.
If the dispute cannot be resolved amicably as referred to above, You and Us agree that such dispute will be resolved exclusively and in final through the South Jakarta District Court.
12. Force Majeure
You acknowledge that the Platform Khasbon may be interrupted by events outside of Our authority or control (“Force Majeure”), including but not limited to natural disasters, electricity disruptions, telecommunications failures, government policies, and other events. You hereby agree to release Us from any demands and responsibilities, if We are not able to facilitate the Khasbon Services, including to fulfill instructions You requested through Platform Khasbon, either in part or in whole, due to such Force Majeure.
13. Severability
If one or more provisions of this Terms conflict with the provisions of the prevailing laws and regulations, You agree that Khasbon has the right to amend the provisions those provisions with new provisions that are in line with the applicable laws and regulations at its sole discretion, and that this Terms and other provisions will remain in effect.
14. Waiver
Waiver upon implementation of obligation given by Khasbon to the Users under this Terms will not apply as waiver upon further implementation of the said obligations or other waivers for implementation of other obligations in this Terms.
15. Amendment
Khasbon reserves the right, at its sole discretion, to change or replace any part, some or all of the contents of this Terms from time to time. Khasbon will make reasonable efforts to provide at least 30 (thirty) calendar days prior notice if substantial change is to be made to this Terms, in which Khasbon reserves the right to determine what constitutes a substantial change at its sole discretion.
16. Closing
You may contact Khasbon by e-mail to [email protected] if You have any feedback, questions or complaints regarding this Terms.