Terms & Conditions

Last updated: 28th December 2021

General terms and conditions (hereinafter referred to as “T&C”) PT Tumbuh Bersama Nano (“Nanovest”) are terms and conditions regarding the use of services, products, technology, service features provided by Nanovest including but not limited to the use of applications, all associated websites, Application Programming Interface (API), and all related services (collectively called “Nanovest Services”).

Before using Nanovest Services, it is recommended that you read carefully the entire contents of this T&C as well as other documents mentioned in it. By registering as a user, you declare that you have READ, UNDERSTOOD, COMPREHENDED, OBSERVED, AGREED AND ACCEPTED all terms and conditions contained in this T&C which become effective and legally binding.

 

Nanovest can upload changes / replace T&C on this page periodically. The revised version will take into effect on the effective date of publication. You are responsible for reviewing this T&C from time to time. If you do not agree with the changes / replacements of this T&C, you must immediately stop using Nanovest Services. Nanovest shall not be held liable for your failure to review and agree with the modification and / or replacement of this T&C.

 

PT Tumbuh Bersama Nano is a legal entity established and subject to the laws of the Republic of Indonesia. Nanovest herein provides and manages a marketplace application connecting the Users with various digital asset platforms to ease the Users in consummating sale and purchase transactions of digital assets and its variations (hereinafter referred to as the “Product“), by utilizing various available features as well as services (hereinafter referred to as the “App“). Any person residing in the Unitary State of the Republic of Indonesia may access the Nanovest App to proceed with selling Products, purchasing Products, utilizing features/services, or to only accessing/visiting the Nanovest App. As a supporting business and provider of a marketplace platform, Nanovest warrants the security and comfortability of its Users.

These Terms & Conditions govern all utilization of services that are available on the Nanovest App that are applicable to all Users and to any party delivery requests or information to Nanovest. In registering an account with Nanovest and/or using Nanovest App, the Users are deemed to have read, comprehend, understood and agreed to the entire contents of these Terms & Conditions.

A. App Account (“Account”)

In relation to an Account, the Account User (“User”) hereby warrants:

  1. That the App is a software and its supporting components utilized to facilitate the Users in transacting sale and purchase of Products.

  2. That the User is a legally capable person as well as able to bind itself in a legally valid agreement pursuant to the laws

  3. Users are prohibited to create and/or use any automatic features or equipments to manipulate data on the App systems, including but not limited to (i) manipulating Account data and (ii) data crawling.

  4. Users are personally responsible to maintain the confidentiality of its Account and passwords for all activities occurring on the User Account.

  5. Users hereby represent that Nanovest is not liable over any losses or damages as a result of a misuse of a User Account.

  6. Users must complete their data in their own Account to be able to make transactions on the App.

  7. That the App, without any prior written notice to the Users, is authorized to perform any necessary actions on any alleged breaches or violations of the Terms & Conditions and/or the applicable laws in Indonesia.

  8. That Nanovest is authorized to close the User Account whether temporarily or permanently, in the event that there is any fraudulent actions in making a transaction for the personal benefit of the User.

  9. That the User will not provide the User Account’s password to any party, whether to a third party or to a party claiming on behalf of the App or Nanovest.

  10. To protect the User’s interests, several data of the User may not be changed in the future. In the event of coercive circumstances to change such data, it may only be performed via the Customer Service available on the App.

  11. The User’s Bank account number shall be numerical.

  12. All Users’ data will only be utilized for the benefit of the User and Nanovest will not use such data for the benefit of Nanovest and the App it manages.

B. TRANSACTION

  1. Sale and purchase transaction of Products may only be consummated via the App.

  2. Users must complete their data on the App to be able to make transactions on the App.

  3. Nanovest is entitled to perform CDD (Customer Due Diligence) by requesting Users’ data, identification, verification and supervision on the User, to obtain updated information concerning the profile of the Users and to ensure the compatibility of the User’s profile and the transactions made.

  4. Nanovest is also entitled to perform EDD (Enhanced Due Diligence) in the event of certain risks on the transactions made by Users, by verifying the User’s information and Beneficial Owner as well as to seek additional information from the User concerning identities, purpose of transactions, User’s financial sources, as well as the reasons for the transaction made by the User.

  5. In the event of doubts or incompatibility of the User’s data, Nanovest may reject Transactions from:

    1. Users having negative track records, performing questionable transactions, or the Users using different patterns than those usually performed;

    2. Users are not willing to provide identity data or additional documents;

    3. Users providing minimal or fictitious information;

    4. Users considered as PEP (Politically Exposed Person) as well as the relevant family/member related to such User;

    5. Users indicated as performing Suspicious Financial Transaction related to Money Laundering and/or Terrorism Financing, including those that require further investigation on such indication; and/or

    6. Users in the form of Business Entities whose beneficial owners are not clearly known.

C. RATES

  1. Rates listed on the App are best rates.

  2. Rates listed on the App are transparent rates that refer to actual digital asset trading rates.

  3. Rates listed on the App are correct and may be used for a reference rate.

D. INTELLECTUAL PROPERTY RIGHTS

  1. Users may not change, copy, reproduce, issue, upload, instal, deliver and/or distribute in any way any materials on the App site, including but not limited to any writings, images, codes and/or softwares.

  2. Users are granted limited licenses or independence to access the App and Nanovest is authorized, without notice and policy of the App, to terminate the User licenses to use the App, and to block or restrain access of the User from using the App.

  3. Publications, products, services contents or references on the App are the exclusive trademarks or servicemark of the App owned by Nanovest or its affiliates, that are registered or under registration with the Directorate General Intellectual Property, Ministry of Law and Human Rights of the Republic of Indonesia.

 

If there are specific terms and conditions that are not governed, the Users represent to be subject to as well as willing to observe the terms applicable in PT Tumbuh Bersama Nano and its affiliates.

 

App Terms of Use

By downloading, installing, and/or using the App, You agree that you have read, understood and accepted as well as agreed to this App Terms of Use (“Terms of Use“). These Terms of Use is a valid agreement between You and PT. Tumbuh Bersama Nano (“Nanovest”) dan Services and the App (as defined below) shall be applicable on Your visits on and uses of the App site.

Please terminate Your account if upon Your registration with the App, You permanently delete the App from your electronic device, and if You do not agree or do not wish to enter into these App Terms of Use. In accordance with the applicable laws and regulations, in the event that the User is no longer an App User, Nanovest as the Electronic System provider shall store the User Personal Data for a minimum period of 5 (five) years as of the last date

when the owner of personal data is an App User.

YOU SHALL THOROUGHLY REVIEW Nanovest PRIVACY POLICY AND PRIOR TO DOWNLOADING THE APP OR USE Nanovest SERVICES FOR THE FIRST TIME.

 

i. General

PT Tumbuh Bersama Nano (“Nanovest”) is a legal entity established and subject to the laws of the Republic of Indonesia. Nanovest herein provides and manages a marketplace Platform where Users may consumate sale and purchase transactions of digital assets and its variations (hereinafter referred to as the “Product“), by utilizing various available features as well as services (hereinafter referred to as the “App“). Any person residing in the Unitary State of the Republic of Indonesia may access the Nanovest App to proceed with selling Products, purchasing Products, utilizing features/services, or to only accessing/visiting the Nanovest App. As a supporting business and provider of a marketplace platform, Nanovest warrants the security and comfortability of the Users.

This App is a software functioning as a platform to consummate sale and purchase of Products. Features available on the App are:

  1. App Feature for Users to consummate Products sale and purchase transaction, including digital assets;

  2. Sale and purchase transactions will be recorded via the App.

  3. Customer Registration; and

  4. Other features that Nanovest may add from time to time (“Services”).

ii. App Terms of Use

You represent and warrant that You are an individual who, based on the laws of the Republic of Indonesia, is entitled enter into a binding agreement, specifically the Terms of Use, to use the App and that you are at least 18 (eighteen) years old. You also represent and warrant that You are authorized to enter into, as well as to bind Yourself to these Terms of Use and register for Services and the App.

Nanovest collects and processes Your business and personal information, such as Your name, e-mail address, and phone number when You register. You must provide accurate and complete information, as well as updating information in the event of a change on the information. You agree to provide to Nanovest any proof of identity that Nanovest may reasonably request from time to time. In the event of a change on the personal information You provided to Nanovest (such as if You change email address, phone numbers, or if you wish to terminate Your account), please update Your information details via the App or by sending Your request to the App via the available help center. Nanovest shall, as long as practicable by Nanovest, effectuate such requested changes within 14 (fourteen) business days upon receipt of such notice.

You may only use the App upon Your registration with the App. Upon Your successful registration, the App will provide you with a personal account that may be accessed with an OTP (one time password) that will be received by the handphone number You have registered, that serves as an access code to enter into Your account.

App may only be used on behalf of Your own account ownership and You undertake not

to authorize any person to use Your identity or use Your account. You may not assign or transfer Your account to other parties. You must secure and maintain the confidentiality of Your account password and any identification Nanovest provides You with. In the event of disclosure of Your password, in any way, that result in illegal or unauthorized use of Your account or identity, as well as to result in losses to Yourself, Nanovest shall not be liable over any data recorded and presented from such illegal or unauthorized use.

You may only have 1 (one) official Nanovest account and shall not have more than 1 (one) account.

Nanovest is entitled to impose sanctions in the form of permanent account blocking to the second and other accounts if 1 (one) person with the same identity is shown to have more than 1 (one) account and Nanovest shall not be liable over any losses incurred from such violation.

You undertake that You shall use the App only for the intended purposes of obtaining the Services. You may not misuse or use the App for frauds or causing inconveniences to Nanovest or other persons.

You may not compromise, change or modify the App and/or the web Site or attempt to compromise, change or modify the App and/or the web Site in any way. Nanovest shall not be liable if You do not have any compatible device or if You download incorrect version of the App to your device. Nanovest is entitled to prohibit you to using the App further if You use the App with a device that is compatible/suitable or illegal or for other purposes other than those contemplated for the use of this App. You undertake

that You will only make use of an access that is permitted for You to use.

You must maintain the confidentiality and will not misuse the information received from the use of the App.

You understand and agree that the use of the App by You will also be subject to Nanovest Privacy Policy as may be amended from time to time. By using the App, You also grant an approval as required under the Nanovest Privacy Policy.

 

iii. Warranties

Nanovest does not warrant that:

  1. the use of Services and/or the App will error-free or free from bugs or operating in combination with other hardware, software, system or data;

  2. the Services will meet Your needs or expectations;

  3. any data recorded will be accurate or reliable;

  4. errors or defects in the App will be repaired; or

  5. the App or server(s) providing the App is free from virus or other malicious components.

 

Services provided to You are limited on an “as is” basis. You acknowledge and agree that all risks arising out of the use of Services by You shall be solely and fully on You

and You will not have any rights to claim any indemnification from Nanovest.

You hereby agree and warrant to:

  1. Comply, fulfill and execute any prerequisite DOCUMENTS that are required by Nanovest as governed under the applicable regulations.

  2. Study information and recommendation provided by Nanovest to you as the information and recommendation may not always be completely available and require further verification.

  3. Perform KYC (Know Your Customer) processes on Customer Due Diligence in accordance with Nanovest policies.

  4. Be legally liable over the validity of any personal information, residential documents, as well as other documents provided to Nanovest in the registration and verification of User Account on the App.

 

iv. Nanovest Liability

Nanovest uses technical and security methods that are proper and appropriate to maintain the security of the App and free from viruses and errors. However, notwithstanding the effectiveness of this technology, no security system is completely safe and unhackable. Therefore, Nanovest is unable to warrant the security of Nanovest database and Nanovest is also unable to warrant that the information You provide will not be disturbed/disrupted during the delivery to Nanovest.

This App may experience limitations, delays, disruptances and other issues that may

incur in using the internet and electronic communication devices, including but not limited to the device that You use is damaged, not connected, out of service area, deactivated or not functional. Nanovest is not liable over any failures of data storage, damages or losses as a result of such issues.

 

v. Indemnity

By using this App, You agree that You will defend, indemnify and hold harmless Nanovest as well as any officers, directors, commissioners, employees, advocates and agents of Nanovest from and against any and all claims, costs, damages, losses, liabilities and costs (including legal fees and costs) that arise out of or in connection with:

  1. the use of Services and/or the App by You;

  2. violation of or noncompliance of any of the Terms of Use or the applicable laws and regulations, whether set out hereunder or otherwise; or

  3. the use and misuse of the App This release and indemnification shall survive the termination of of this Terms of Use as well as the cease of using the App by You.

 

vi. Licensing

Subject to Your compliance of the Terms of Use, Nanovest grants limited, non-exclusive, non-assignable, non-transferable, non-sublicensable, revocable licenses to download and install a copy of the App in an independently operating device that You own or

control and to implement a copy of the App solely for your non-commercial use.

You are not permitted to:

  1. copy, modify, adapt, translate, derive, distribute, license, sell, transfer, display on public, reproduce, transmit, assign, broadcast, outline or disassemble any part of or otherwise any method that may exploit the App, save for as permitted hereunder;

  2. grant license, sublicense, sell, resell, transfer, assign, distribute or commercially exploit or make available to a third party the App and/or software by creating an internet “link” to the App or “frame” or “mirror” of any software on other server or wireless or internet based devices;

  3. reengineer or acces Nanovest software to:

    1. develop competing products or services;

    2. develop products using ideas, features, functions or graphics similar to the App; or

    3. copy ideas, features, functions or graphics of the App,

  4. launch automatic program or scripts, including but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program that may create several requests per second, or to create heavy loads or restrict the operation and/or performance of the App;

  5. use robots, spiders, site searches/recovery apps, or manual or automatic wares to obtain, index, data mining, or otherwise to duplicate or avoid any navigation or presentation structures of the App or its contents;

  6. issue, distribute or duplicate in any way, any materials protected by copyrights, trademarks, or other proprietary information without prior approval from the owners;

  7. delete any copyrights, trademarks or other proprietary notices that are contained on the App. No licenses or rights granted to You by reference to intellectual property rights are owned or controlled by Nanovest or PG license grantor, save for the licenses and rights expressly provided under these Terms of Use.

 

You will not:

  1. send spams or duplicative or unrequested messages that violate the applicable laws;

  2. not deliver or store any materials that are violating, lewd, threatening, slandering or breaching the laws or sadistic, including but not limited to unsafe contents for children or those infringing third party rights;

  3. not send any materials containing software viruses, worms, trojan horses or other dangerous computer codes, documents/files, scripts, agents or programs;

  4. not disturb or disrupt the integrity or performance of the App or the data therein;

  5. not attempting to gain unauthorized access to the App or system or the relevant network;

  6. not impersonate other person or entity or describe Yourself as an affiliate of a person or entity; and

  7. restrain Yourself from being involved with any actions that may damage Nanovest goodwill or deemed to damage Nanovest goodwill.

 

Nanovest is entitled to investigate and claim any violation of the above as long as permitted by the laws. Nanovest may engage and cooperate with legal enforcer agencies in claiming the Users that violate these Terms of Use. You acknowledge that while Nanovest does not have any obligation to monitor Your access to or use of the web Site or the App, Nanovest has the rights to do so for the purpose of operating the web Site and the App, to ensure compliance with these Terms of Use, or to observe the applicable laws or orders or requirements of the courts, administrative agencies or other governmental agencies.

 

vii. Passing Away of a User

1. In the event that a User passes away (hereinafter referred to as the “Deceased”), an heir or a person authorized to represent the Deceased shall notify Nanovest concerning the legitimate heir who is appointed to replace the Deceased, by providing the documents of proof, namely:

 

A. Proof of an Heir

  1. Original Certificate made and executed by the Heir(s) and ratified by the Chairperson of Domestic Court; or

  2. Original Certificate of Origin containing the name of heirs of the Deceased, made by the heir(s) and witnessed by 2 (two) persons and ratified by the Chairperson of Village/Sub-District and District where the Deceased is domiciled at the time of his/her death; or

  3. For a Muslim, Copy of Religious Court Ruling of the Deceased, having been certified as a true copy by a notary; or

  4. Copy of District Court Judgement or Religious Court Judgement (in the event of disputes) having been certified as a true copy by a notary.

 

B. Proof of Death

  1. Copy of Deed of Death Certificate having been certified as a true copy by a notary; or

  2. Copy of Certificate of Death (in the event that the Deceased passes away overseas) having been certified as a true copy by a notary; or

  3. Copy of Domestic Court Ruling having been certified as a true copy by a notary.

 

C. Proof of Identification of the Deceased and the Heir

  1. A valid Identity Card (Kartu Tanda Penduduk/KTP); or

  2. A valid Driving License (Surat Izin Mengemudi/SIM); or

  3. A valid passport.

D. Original Certificate of the heirs shall contain among others: (i) representation and warranties of the heirs that all documents delivered to Nanovest as set out above are true, accurate and not misleading; and (ii) warranties of the heirs to release and indemnify Nanovest of any and all actions, liabilities, proceedings, demands, lawsuits, claims, damages, responsibilities, fines, penalties, tax liabilities and/or other form of losses that are arising out of such inheritance, delivery of investment products of the deceased to the heir, inheritance documents delivered by the heir to Nanovest and/or other related matters.

 

2. That the above mentioned documents (if necessary) shall also be delivered to the Vendors that are relevant with the investment of the Deceased, specifically in the event that the Deceased is investing in global shares or cryptos on the App.

 

3. By delivering the documents of proof and/or certificates as mentioned under point 1, and at the sole discretion of Nanovest based on the proofs delivered to Nanovest as well as the belief of Nanovest (and its Vendors) that the heir is the person entitled to the investment assets of the deceased, Nanovest will disburse the investment of the deceased to such heir with the disbursement mechanism as determined by Nanovest.

viii. Intellectual Property Related Matters

Nanovest, including the name and logo, the App and Services, is protected by copyrights, trademarks and other rights available under the laws of the Republic of Indonesia. Nanovest (and Nanovest license grantor, as applicable) shall exclusively own all rights, ownerships and interests in and on the App, including but not limited to all related intellectual property rights.

Without prejudice to Nanovest rights under the applicable laws of the Terms of Use,

You are warned that any attempt or actual violation of these terms may result in the termination of Your rights under the Terms of Use. If You evade from any of the methods undertaken by Nanovest to protect the services from unauthorized uses, You agree to and shall immediately cease any and all use of the App.

 

ix. Termination

You are not obliged to use the App and may cease to use the same at any time by terminating your Account and permanently deleting the App from your Device, so as to deactivate the use of the App. The Terms of Use shall automatically terminate upon Your permanent deletion of the App on the device.

You may terminate Your account by notifying Nanovest of Your intention to terminate Your account. Nanovest will use its best efforts to complete the termination within 14 (fourteen) business days.

Nanovest is entitled to suspend, limit or cease the Terms of Use and use of the App if Nanovest has reasons to suspect that You violate the terms of these Terms of Use or the applicable laws and regulations.

 

x. Miscellaneous

Waivers or tolerances on Nanovest failure to claim a violation of these Terms of Use or to exercise the rights expressed under these App Terms of Use or the applicable laws, shall not be deemed to be a waiver of subsequent violations of any of the terms of these

Terms of Use.

You may not assign or transfer Your rights hereunder, without prior written approval of Nanovest. Nanovest may transfer its rights hereunder to any party unilaterally and in its own discretion.

If there are any terms under these App Terms of Use that are deemed to be illegal, invalid or unenforceable, whether in whole or in parts, pursuant to the laws or regulations, such term or such part of the term shall, to such extent, be deemed to be not a part of these Terms of Use, while the legality, validity and enforceability of the remaining Terms of Use shall not be affected.

These Terms of Use shall be governed by and construed under the laws of the Republic of Indonesia. Any differences, disputes or controversies that arise out of the use of the App shall be firstly settled amicably. Failing which, such differences, disputes or controversies shall be settled at the District Court of South Jakarta.

These Terms of Use may be modified and amended from time to time. Nanovest shall notify You via the App and/or email of any modification and/or amendment on the Terms of Use. Continuous use of the App upon receipt of such notice constitutes Your approval and acceptance on the modification and/or amendment.

Payment Features

 

These Payment Features terms and conditions (“Payment Features Terms and Conditions”) applies and binds PT Tumbuh Bersama Nano (“Nanovest”), as the manager of Nanovest Application (“App”), and the user of App that is registered and verified by Nanovest (hereinafter referred to as the “User”), in connection with the use of the App by the User relating to the use of Payment Features, via any gadget where the App is available and may be used. The User (in general) must read, understand as well as approve the entire content of these Payment Features Terms and Conditions prior to the use of Payment Features on the App.

Payment Features” herein means a payment option that may be used by the User in utilizing the features of the App, including payments via Wallet as well as Payment Gateway services.

 

Wallet herein means money, wallet, cash, or other things that are deposited by the User into the account that are reserved for such purpose that may be utilized by the User (in accordance with the instructions granted by the User to Nanovest) for the features available on the App from time to time, including for investment purposes.

Payment Gateway herein means an online transaction system that authorizes payment processes between channels, whether using credit cards, bank transfers, and or other direct payment methods such as direct debit, e-banking dan dompet elektronik (“E-wallet”), that may be utilized by the User (in accordance with the instructions granted by the User to Nanovest) for the features available on the App from time to time, including for investment purposes.

That these Payment Features Terms and Conditions is an integral part of Nanovest Terms and Conditions

1. General

In relation to the Wallet, the User is provided with facilities to utilize several features with the following scope:

  1. top up, that may be utilized by the User via a bank, E-wallet, or other financial

    applications of the User that are available on the App;

  2. withdrawal, that may be performed from the App to a bank designated by the User;

  3. utilization of cash in the Wallet for features available on the App from time to time, including for investment purposes; and

  4. transfer of money between the Users within internal wallet scope available on the App (close loop),

("Services").

In providing the foregoing Services, in relation to the Payment Gateway, Nanovest is not a provider of this payment gateway, but only serves as a intermediary of information to connect the Users with the licensed financial services provider as the Vendor that may provide Payment Gateway facilities to the User via the App (“Financial Services Provider”).

For more complete description on the scheme and method on the utilization of Services, the User to please read and study section 6 concerning Transaction in these Payment Features Terms and Conditions.

 

2. Risks

Services Risks

Risks on the utilization of Services are the money transaction may be delayed, or even failure on delivery due to one or more reasons, whether due to technical reasons as well as compliance with the laws, so that it results in the failure of transaction. In relation thereto, the User is advised not to store any money on the App long term, and the User must understand as well as study the entire App Terms and Conditions and consider all existing risks.

 

App Risks

Nanovest will use technical and security methods that are good, proper, and appropriate to maintain the security of the App and free from viruses and errors. However, notwithstanding the effectiveness of this technology, no security system is completely safe and unhackable. Therefore, Nanovest is unable to warrant the complete security of Nanovest database and Nanovest is also unable to warrant that the information You provide will not be disturbed/disrupted during the delivery to Nanovest.

 

When the User consummate a transaction via any applications, including via the App, there will always be a risk of transaction failure and/or loss of monies due to:

  1. failures and damages on the computer, handphone or other gadgets that you use (including the battery);

  2. unstable internet connection, that result in the User unable to connect with the App or the User may be connected while such unstable connection result in delays that carry a risk in the placement and activity of your investment;

  3. Hacking performed by other parties, whether direct hacking on the App, hacking o the software, as well as malicious links that enable the hackers to gain or use access to information and/or asset of the User;

  4. incompatible device with, or does not meet with the App system specification, including due to errors in settings or operating system of your gadget does not with the requirements;

  5. system failures on the App, including failures of systems provided or operated by a Vendor (including Vendor providing Payment Gateway facilities), or failures on the hardwares and softwares on the gadget that the User use; and

  6. User incompliance of these Payment Features Terms and Conditions that may result in suspension or blocking of the User Account.

By opening an account and registering with the App, the User is deemed to approve and acknowledge that the User has read and understood the potential risks.

3. COLLECTION AND PROTECTION OF USER DATA

In conducting its business activities and in improving services on the App, Nanovest shall also request for and collect data, as well as transfer User data if there is a legal obligation to disclose data to the government agencies as well as to the party in cooperation with Nanovest (“Vendor”) to enable the User to undertake investing activities as well as transactions on the App. Please beware that to protect User data and to comply with the applicable laws, Nanovest will only provide data to Vendors upon approval from the User.

 

Data Collection

User Data are collected by Nanovest in several ways, namely:

  1. through forms or applications by a potential user. Data collected at this stage are personal identities of the potential user such as Citizenship Registration Number (NIK), name according to Identity Card (KTP), place and date of birth according to KTP, address, employment location, annual income, estimated properties, as well as valid HP number and email address.

  2. certain banking data that are provided by the User when the User intends to withdraw money;

  3. transaction activities data, search activities data on the App, news reading activities, and other activities conducted by the User on the App;

  4. biometrics data provided by the user, being data consisting of facial features and other body parts uploaded by the User on the App;

  5. location data delivered by the system when reading App usages at a certain location or area;

  6. technical data obtained when User is using the App. Such technical data include Internet Protocol (IP) address, website information, duration of App usages or website visits, gadget when using the internet, advertisements, and other relevant matters

  7. interaction data with our customer service

  8. other data collection mechanism performed by Nanovest (including via the App); and

  9. other sources in cooperation with Nanovest.

 

Before a User may use the App and services provided by Nanovest, the User shall firstly requested to approve this Privacy Policy (including on the collection of personal data as mentioned above). Specifically on personal data collection via local data access and system data that are in the User gadger, Nanovest shall request prior approval before having access to the same, including access to photos, voices, cameras, and other features of gadgets used by the User

 

Completeness of User data will be useful for the App to present great impressions and experiences to the User in using the App. Nanovest is also of the view that protection of personal information is a very important requirement as required under the applicable laws and regulations. Nanovest, with its best efforts, will maintain, protect and use User data with tight and appropriate control procedures.

 

4. USER REPRESENTATIONS

The User hereby authorizes Nanovest to act for and act as a party fully authorized by the User, based on any order, instruction and communication provided by the User to Nanovest via the App or other medias made available by Nanovest, without the requirement for Nanovest to further investigate on the authenticity, authority or identity of the person providing or intending to provide such instruction and without reference to the circumstances at the time. All orders, instructions and communcations provided by the User to Nanovest via the App will be deemed to be a direct order, instruction and communication of the User, as the User is obligated to protect the User data access on the App from other parties. The User hereby agrees to be fully liable to Nanovest and release Nanovest of any agreements, charges, or other liabilities created or incurred on behalf of the User in connection with the use of the App by the User.

5. COOPERATION WITH BANKS PROVIDING FINANCIAL SERVICES

In implementing the Wallet, as described under the general sections, Nanovest cooperates with PT Sinar Digital Terdepan (“Xendit”) as a provider of Payment Gateway services that provide payment infrastructure on the App as well as PT Brick Teknologi Indonesia (“Brick”) as the service provider to support withdrawal processes or User Wallet that originates from the App to a bank account, e-wallet, or other financial applications that are available on the Aplikasi, and registered under the name of the User.

Xendit is a Payment Gateway service provider having licenses from the Bank of Indonesia. While Brick is a company having licenses from the Ministry of Communications and Informatics.
Nanovest, Xendit, and Brick are separate legal entities as well as performing their respective business activities. Nanovest is not liable over any legal actions undertaken by Xendit and/or Brick with the Users.

 

6. TRANSACTION

Wallet Deposit/Top-up Services

These Services may be used via channels provided by Nanovest and/or Financial Services Provider, including via channels on certain banks or other financial applications provider that are available on the App. These Services is a service performed through a system owned by Xendit, on behalf of and upon the instruction of the User in accordance with the procedures stipulated by Xendit and/or Nanovest, to transfer an amount of money from an account to a designated account via application programming interface (API). Upon such transfer of money, Wallet on the User App will automatically be credited in the amount requested by the User. All instructions and approvals made by the User and received by the API system in relation to the top up will be deemed final and

other sources in cooperation with Nanovest.

irrevocable. The App, with reasonable and best efforts, will always provide notices on successes and failures in using Wallet Top Up Services.


In providing these Wallet Top Up Services, Nanovest does not have any daily limit, where the limitations are on every Top-Up via Debit Card in the amount of Rp40.000.000,- (forty million Rupiah), and for E-wallet in the amount of Rp10.000.000,- (ten million Rupiah). Nanovest also does not have any exemptions if the Top-Up is performed using a Virtual Account. Users may top-up with their own intended wallets. However, limitations may be imposed by other parties such as banks that impose limitations on daily transfer amount, or other limitations of the Financial Services Provider, or other applications connected to Nanovest. Please read Xendit terms and conditions via this link https://www.xendit.co/en/terms-and-conditions/.

In addition, please note that there are matters that will affect the sucessful implementation of these services. Please read and study section 2 concerning Risks in these Payment Features Terms and Conditions.

Wallet Withdrawal / Cash out services

These Services may be used via channels provided by Nanovest and/or Financial Services Provider, including via channels on certain banks or other financial applications provider that are available on the App. These Services is a service performed through a system owned by Brick, on behalf of and upon the instruction of the User in accordance with the procedures stipulated by Brick and/or Nanovest, to transfer an amount of money from an account to the User account that is registered under the name of the User and having been verified by Nanovest, via application programming interface (API). In the event that a withdrawal account is registered with different name than the User name, Nanovest is entitled to request for proof of relationship between the User and the owner of the registered withdrawal account and in relation thereto, Nanovest, in its own discretion, may reasonably determine whether such withdrawal may be made.

Upon such transfer of money, wallet on the User App will automatically be debited in the amount requested by the User. All instructions and approvals made by the User and received by the API system in relation to the withdrawal will be deemed final and irrevocable. The App, with reasonable and best efforts, will always provide notices on successes and failures in using Wallet Withdrawal Services.

In providing these Wallet Withdrawal Services, on any withdrawal of more than Rp250.000.000 (two hundred and fifty million Rupiah) per day, Nanovest will perform additional inspections on the User. In addition, limitations may be imposed by other parties such as banks or Financial Services Provider, or other applications connected to Nanovest. Please read Brick terms and conditions via this link https://www.onebrick.io/legal.

Please note that there are matters that will affect the successful implementation of these services. Please read and study section 2 concerning Risks in these Payment Features Terms and Conditions.

Fund Transfer Services Between Users

These Services may be used via channels provided by Nanovest on the App. When a User gives an instruction to transfer an amount of money (“Transferred Money”) to another user (“Transfer Recipient”), the User actually gives the following instructions:

  1. to transfer the Transferred Money from the User Wallet to an account owned and operated by Nanovest;

  2. upon receipt of the Transferred Money on its account, Nanovest to immediately top-up on the Wallet of the Transfer Recipient.

 

All instructions and approvals made by the User and received by the API system in relation to transfers between Users will be deemed final and irrevocable. The App, with reasonable and best efforts, will always provide notices on successes and failures in using Fund Transfer Services Between Users

In providing these Fund Transfer Services Between Users, Nanovest has a limitation of Rp20.000.000 (twenty million rupiah) per transaction provided that the wallet requested by the User is the compatible with the wallet owned by the User on the App. Please note that there are matters that will affect the successful implementation of these services. Please read and study section 2 concerning Risks in these Payment Features Terms and Conditions.

Authentication

In maintaining the security of the User App, the User must register 4 (four) numbers as Personal Identification Number (PIN) code and biometric scans of parts of the User’s body (on the face and/or finger), that will be used as an authentication tool in using the Services.

Rejection, Cancellation or Suspension of Transactions

  1. Nanovest is entitled to reject, cancel or suspend a transaction if Nanovest, inits opinion, suspects that such transaction is intended for a purpose that violates the applicable laws and regulations in Indonesia or generally applicable international laws (“Law”).

  2. The User acknowledges and agrees that Nanovest must reject to process any transactions to the extent permitted by the Laws.

  3. Nanovest is fully authorized to supervise the User in preventing any type of crimes.

  4. The User acknowledges that Nanovest is subject to the laws and regulations applicable in Indonesia. The User hereby agrees to provide all information including but not limited to name, age, address, income, properties, debts and other information to Nanovest, to the extent permitted by the Laws.

  5. In the event of a suspicious transaction made on Nanovest, Nanovest is fully authorized to blick such User activity as well as to deactivate the User account with Nanovest for further investigations.

Corrections

In the event that, based on Nanovest records, there are errors on the transaction, Nanovest may correct the User App wallet. Nanovest will not make any corrections on the User App wallet without any evidences or solid basis that there are errors on the transaction. Users may request any corrections to Nanovest via the available channels. Nanovest will review and decide the same on a case by case basis.

For the purpose of corrections as mentioned above, the User hereby grants an irrevocable power of attorney to Nanovest to debit and/or credit the User Wallet. Such power of attorney will remain valid and will not terminate due to any reasons whatsoever including due to any reasons as governed under Article 1813, 1814, and 1816 of the Indonesian Civil Code, unless the User closes Your account.

Nanovest Limitation of Liability

The User acknowledges and agrees that Nanovest and each Vendor, including the App Financial Services Provider, is not responsible and is not liable for any losses that the User incurs in any excess payments and transfers, errors in payments and transfers due to incorrect information on the registered account name and number, as well as refund of any matters as well as any invalid payments that are caused by the User.

7. TRANSACTION COMMISSION

The User acknowledges and agrees that on any transactions made via the App, Nanovest is entitled to collect commissions on the User transaction that will be displayed prior the User entering into the transaction, in the amount as determined by Nanovest from time to time. In addition to commissions charged by Nanovest, the User will also be charged with commissions by the User’s bank or Vendor as per the terms of their commissions. The App will not process the transaction fi the User does not agree on the commissions charged on such transaction.

8. SUPERVISION

Nanovest may and will always supervise and investigate any transactions made by the User. In the event that the User violates the Payment Features Terms and Conditions as

well as other terms set forth by Nanovest, we will record the same as a violation and we may impose sanction to the offender.
In addition, in supporting Anti Money Laundering and Counter Terrorism Financing (“AML- CTF”) that is undertaken by the government, Nanovest by all means will monitor and comply with the applicable laws and regulations. In accordance with the applicable laws and regulations, Nanovest is categorized as a Reporter, that is obligated by the government to report any suspicious transactions made by the Users as governed under the laws and regulations.

In the event that the User is proven to have may a suspicious transaction which violates the applicable laws and regulations, the User hereby authorizes Nanovest to debit the User assets to indemnify Nanovest of any losses incurred as a result of such transaction, without prejudice to the rights to claim indemnifications on all losses incurred as a result of such transaction and the User hereby agrees that the User is not obligated to refund any monies which credits are suspended by the User or monies that are blocked prior to verification processes.

 

9. MAINTENANCE

To maintain and improve the quality of Services, Nanovest will always update and maintain the App (“Maintenance”). Maintenance may be performed by Nanovest periodically or on an ad hoc basis. Periodical Maintenance will be performed 1 (one) time per month, and Nanovest is obligated to notify the Maintenance schedule to the User at least 2 days (48 hours) in advance prior to the commencement of the periodical Maintenance.

In the event of unavoidable circumstances that require Nanovest to perform Maintenances, Nanovest shall notify the User immediately with the reasons of such sudden Maintenances. In its notice, Nanovest is obligated to remind that during the Maintenances, no User activities that will be processed by the system.

In the event that Nanovest has complied with the appropriate notification procedures concerning the Maintenances to the User, Nanovest may not be claimed for any failed transactions that are made during the Maintenances.
Maintenances do not include any maintenance on Xendit and Brick systems that will also affect the provision of Services.

 

10. FORCE MAJEURE

Force Majeure means any events outside of the control and capability of Nanovest that affects the implementation of services that are provided by Nanovest (including via the App) to the User in relation the Payment Features, among others including but not limited to:

  1. Earthquakes, hurricanes, floods, landslides, volcanic eruptions and other natural disasters;

  2. War, demonstrations, riots, terrorism, sabotages, embargoes, and mass strikes; and

  3. Economic and government policies that has direct effects.

Provided that Nanovest has performed all of its obligations in accordance with the applicable laws and regulations in relation to the occurrence of such Force Majeure, Nanovest will not provide any indemnities and/or accountabilities in any form to the User or other party of any risks, liabilities and claims that may arise in connection with any delays as well as non-fulfillment of obligations due to a Force Majeure.

 

11. DISPUTE RESOLUTION

In the event of disputes between Nanovest with the User, the dispute settlement will be subject to the court jurisdiction in Indonesia, to the extent that the parties agree not to select other jurisdictions. All agreements between the User and Nanovest will be construed in accordance with the laws and regulations in Indonesia.

12. PASSING AWAY OF THE USER

In the event that the User passes away, Nanovest is entitled to request a valid copy of the death certificate, inheritance statements, wills, and other documents that 

Nanovest, in its opinion, deems necessary to know the entitled party to receive the

User’s inheritances.

13. NANOVEST CEASE OF OPERATION

In the event that any certain circumstances result in the App and/or Nanovest to be ceased and not operating, Nanovest will take any goodwill and reasonable actions to return the assets owned by the User. Such return of assets will be made by Nanovest by withdrawing global shares assets and/or monies owned by the User on the App, that will be transferred to the User account that is registered on the App.

Nanovest will inform all Users of such events. Nanovest will announce that Nano will cease operation of the App at the minimum 30 days (“Closing Period”). During the Closing Period, Nanovest will:

  1. Cease and/or not process all transactions requested by the User;

  2. Request the User to ensure if the account registered on the App for withdrawal purposes conforms with an account owned by the User. If the User has not registered any User account for withdrawals, the User must register such account. If the User intends to change the withdrawal account, the User may contact Nanovest customer service. Withdrawal account shall be under the name of the User. In the event that a withdrawal account is registered with different name than the User name, Nanovest is entitled to request for proof of relationship between the User and the owner of the registered withdrawal account. The User understands that Nanovest is not liable over any of its losses in relation to the difference in names of the User account for withdrawal purposes;

  3. Withdraw User Crypto Assets in a certain period of time, and transfer the User monies to the account under the name of the User that is registered on the app.

 

These Payment Features Terms and Conditions may be modified and amended from time to time. Nanovest shall notify the User via the App and/or email of any modification and/or amendment on the Payment Features Terms and Conditions. Continuous use of the App by a User upon reciept of such notice constitutes the User’s approval and acceptance on the modification and/or amendment of the Payment Features Terms and Conditions.

Global Stocks Investment

These Global Stocks Investment terms and conditions (“Global Stocks Investment Terms and Conditions”) apply and bind PT Tumbuh Bersama Nano (“Nanovest”), as the manager of Nanovest Application (“App”), and the user of App that is registered and verified by Nanovest (hereinafter referred to as the “User”), in connection with the use of the App by the User relating to Global Stocks Investment functions, via any gadget where the App is available and may be used. The User must read, understand as well as approve the entire content of these Global Stocks Investment Terms and Conditions prior to the use of Global Stocks Investment functions on the App.
Global Stocks” herein means Stocks of companies that are listed in an American stock exchange, including derivative products connected with such Stocks, such as Exchange Traded Fund (ETF) that are available on an American stock exchange, including New York Stock Exchange (“NYSE”).
Global Stocks Investment” herein means transactions of Global Stocks, as well as its derivatives that are performed by the User by utilizing features made available by Nanovest via the App.
That these Global Stocks Investment Terms and Conditions is an integral part of Nanovest Terms and Conditions.

 

1. GENERAL
In relation to the Global Stocks Investment services, the App is not a marketplace, but only as an intermediary of information to connect the Users, and stock brokers cooperating with Nanovest (“Broker”), where the Broker is the party that will provide sale and purchase medias in relation to the Stocks investment of the User. It shows that the App is a supporting media to assist the Users in submitting transaction orders to the Broker to be transacted through the systems that are managed by the Broker. All forms of transactions, whether purchase, sale, payment, withdrawal, receipt of dividends, and others in connection with Global Stocks Investment transactions are performed by the Broker with the assistance of the App as intermediary of information.
With reference to the above, Nano is not and will not act as a broker or dealer on the Global Stocks transactions performed by the User via the App.
That the Global Stocks Investment feature is not a public offering as defined and governed under Law No. 8 of 1995 on the Capital Markets and its implementing regulations. In consideration of Global Stocks transactions are performed in the United States of America via the Broker’s systems that are connected with the App, on such Global Stocks transactions the laws and regulations in the United States of America shall apply.
Nanovest does not provide any advice to make any recommendation on an investment, investment product, tax, or other matters related thereto including providing value projections on a share in the future. Nanovest will only provide various information and actual news on the development of Stocks values as well as news on investment and finances as well as the latest economy.
For more complete description on the scheme and method on transactions, Users to please read and study section 8 concerning Registration and Transaction in these Global Stocks Investment Terms and Conditions.

 

2. RISKS

Investment Risks
All financial products in any form will carry risks and will have their own uncertainties. A share is one of investment products with high volatility rates and risks. Share prices are very fluctuated, unpredictable, and may be significantly changed from time to time, Amount of losses as well as profits that the User will earn will differ from one User to another where it is dependent on many factors including but not limited to market behavior, market change, investment value, local as well as global news, etc. Knowledges and prudence of a User is required in Stocks transactions.

 

As the Users may lose the money that they invest via the App, the Users are advised to use their investment monies prudentially and is not advised to invest your money if you are not ready to accept the risks of losses. If needed, Users may request the assistance of your investment and financial advisor prior to undertaking a transaction on the App to obtain appropriate advice in selecting the available Stocks. The Users (in general) must read all of these Global Stocks Investment Terms and Conditions and must understand all risks that may occur in the future prior to using the App.

 

App Risks
Nanovest will use technical and security methods that are good, proper, and appropriate to maintain the security of the App and free from viruses and errors. However, notwithstanding the effectiveness of this technology, no security system is completely safe and unhackable. Therefore, Nanovest is unable to warrant the complete security of Nanovest database and Nanovest is also unable to warrant that the information You provide will not be disturbed/disrupted during the delivery to Nanovest.

When the User conssumate a transaction via any applications, including via the App, there will always be a risk of transaction failure and/or loss of monies due to:

  1. failures and damages on the computer, handphone or other gadgets that you use

    (including the battery);

  2. unstable internet connection, that result in the User unable to connect with the App

    or the User may be connected while such unstable connection result in delays that

    carry a risk in the placement and activity of your investment;

  3. Hacking performed by other parties, whether direct hacking on the App, hacking o the software, as well as malicious links that enable the hackers to gain or use access

    to information and/or asset of the User;

  4. incompatible device with, or does not meet with the App system specification,

    including due to errors in settings or operating system of your gadget does not with

    the requirements;

  5. system failures on theApp, or failures on the hardwares and softwares on the gadget

    that the User use; and

  6. User incompliance of these Global Stocks Investment Terms and Conditions that may

    result in suspension or blocking of the User Account.

​By opening an account on and registering for Stocks investment transactions, the User is deemed to approve and acknowledge that the User has read and understood the potential risks.
 

Nanovest Limitation of Liability

Tradings may be ceased at any time by the authority without prior notice to the User. On open position that may be held by a User upon a cease of transaction, it will be settled (liquidated) pursuant to the laws or regulations issued by such authority, and all losses as well as costs as a result of the cessation of transactions by the trading authorities, shall be fully borne by, and be the liability of the User.

3. COLLECTION AND PROTECTION OF USER DATA

In conducting its business activities and in improving services on the App, Nanovest shall also request for and collect data, as well as transfer User data if there is a legal obligation to disclose data to the government agencies as well as to the party in cooperation with Nanovest (“Vendor”) to enable the User to undertake investing activities as well as transactions on the App. Please beware that to protect User data and to comply with the applicable laws, Nanovest will only provide data to Vendors upon approval from the User.

 

Data Collection

User Data are collected by Nanovest in several ways, namely:

  1. through forms or applications by a potential user. Data collected at this stage are personal identities of the potential user such as Citizenship Registration Number (NIK), name according to Identity Card (KTP), place and date of birth according to KTP, address, employment location, annual income, estimated properties, as well as valid HP number and email address.

  2. certain banking data that are provided by the User when the User intends to withdraw money;

  3. transaction activities data, search activities data on the App, news reading activities, and other activities conducted by the User on the App;

  4. biometrics data provided by the user, being data consisting of facial features and other body parts uploaded by the User on the App;

  5. location data delivered by the system when reading App usages at a certain location or area;

  6. technical data obtained when User is using the App. Such technical data include Internet Protocol (IP) address, website information, duration of App usages or website visits, gadget when using the internet, advertisements, and other relevant matters;

  7. interaction data with our customer service;

  8. other data collection mechanism performed by Nanovest (including via the App);

  9. other sources in cooperation with Nanovest.

​Before a User may use the App and services provided by Nanovest, the User shall firstly requested to approve this Global Stocks Investment Terms and Conditions (including on the collection of personal data as mentioned above). Specifically on personal data collection via local data access and system data that are in the User gadget, Nanovest shall request prior approval before having access to the same, including access to photos, voices, cameras, and other features of gadgets used by the User. Completeness of User data will be useful for the App to present great impressions and experiences to the User in using the App. Nanovest is also of the view that protection of personal information is a very important requirement as required under the applicable laws and regulations. Nanovest, with its best efforts, will maintain, protect and use User data with tight and appropriate control procedures.

4. USER REPRESENTATIONS

The User hereby authorizes Nanovest to act for and act as a party fully authorized by the User, based on any order, instruction and communication provided by the User to Nano via the App or other medias made available by Nano, without the requirement for Nanovest to further investigate on the authenticity, authority or identity of the person providing or intending to provide such instruction and without reference to the circumstances at the time. All orders, instructions and communications provided by the User to Nano via the App will be deemed to be a direct order, instruction and communication of the User, as the User is obligated to protect the User data access on the App from other parties. The User hereby agrees to be fully liable to Nanovest and release Nanovest of any agreements, charges, or other liabilities created or incurred on behalf of the User in connection with the use of the App by the User.

5. NEWS FEATURE

Special and unique features available on the App are news portals and information searches concerning the development of Global Stocks. News and information contents presented on the App is very diverse covering headlines, news, graphics, charts, links, newsletters or information from the writer or news provider. With many selections of news, there is a possibility where the available news or information seems to be recommending the purchase of certain Stocks. In relation thereto, please note that Nanovest and the App has not and will not provide any recommendation on Stocks, offering Stocks to be purchased, or providing fake news or information that support Users to purchase a share, such news and information are made available only to ease references for the Users in relation to the latest news that may be relevant in considering Global Stocks Investment of the Users. Nanovest is not liable in the event of losses on a purchase of Stocks by a User that is undertaken based on the news and information that are available on the App.

6. GLOBAL STOCKS DATA

Global Stocks Data in the form of charts, graphics, and diplayed on the App are real time data extracted from trusted sources such as NYSE, National Association of Securities Dealers Automated Quotations (NASDAQ) and Investors Exchange (IEX). Data information provided by Nanovest are not always complete and need to be verified. Nanovest is unable to warrant that the data displayed on the App will always be accurate, correct and updated while we will strive to apply our best efforts to ensure that any data displayed is consistent with the actual events. Displayed data are solely owned by the Vendors. In the event of inconsistencies between data displayed on the App with the actual data, and such inconsistent displayed data result in losses of a User, Nanovest is not liable over the display of such data and also not liable over Users’ losses. Users are not permitted to redistribute Global Stocks data that we provide on the App to other parties, whether by redistributing or intended for commercial purposes or other purposes.

7. COOPERATION WITH BROKERS

In implementing Stocks Investment features on the App, as described under the general section, Nanovest cooperates with Broker that provide services to the Users to undertake Global Stocks transactions via the App. In relation thereto, Users will also be bound in an agreement with the Broker.

Nanovest and Broker are separate legal entities that are not affiliated as well as performing their respective business activities. Nanovest is not liable over any legal actions undertaken by Broker with the Users in connection with Users securities account with Broker.

8. REGISTRATION AND TRANSACTION

That if the User agrees to use Global Stocks Investment features on the App, the User has also agreed to authorize Nanovest to register and open a User account on Broker (by sending personal data inserted by the Users on the App and verified by Nanovest) and open a User securities account with Broker, so that upon the completion of verification processes performed by Broker, the User will also be registered with Broker systems and has a securities account in the United States of America. In principle, via this process, Nanovest via the App assists the User in opening a securities account with Broker in the United States of America via Broker systems that are integrated into the App.

Transaction General Terms

  • Uses may only commence to transact once the Know-Your-Customer (KYC) processes have been approved by Nanovest, and Broker has confirmed the opening of a User investment account. Agreement between the User and Broker occurs at this stage.

  • Global Stocks transactions on the App may only be made on the App and may not be made on Broker application or other applications.

  • Global Stocks transactions are performed real time and subject to the operational hours of NYSE. If transactions are performed outside of operational hours, the process will be settled during the succeeding NYSE operational hours.

  • Global Stocks Transaction may be made fractionally where it allows you to purchase share based on the capital invested by a User (number of Stocks earned will be made based on the capital). As a comparison, Stocks sold in Indonesia are not fractional Stocks as the calculation of the Stocks is per 1 (one) share.

  • Consummation of transactions shall consider the holidays in the United States of America, as the transaction will not be processed if its due on an American holiday.

  • That the prices displayed on the App to undertake transactions are in Rupiah. The displayed prices are prices of the Stocks in Rupiah that is a result of converting USD (United States Dollar) based on the IDR to USD exchange rate that is applicable at the time, which exchange rate may change in accordance with the applicable exchange rate during the consummation of the transaction. There will be a scenario where the User finds a difference in the total number of Stocks obtained due to the difference in the IDR to USD exchange rate.

  • Users’ assets will be placed by Broker with an asset custodian that cooperates with Broker.

  • Users will be imposed with mandatory charges to the government of the United States of America and FINRA on Stocks transactions in the United States of America when Users sell their Stocks. The amount of the levies will be informed to the Users via a preview page prior to the purchase.

  • If the transaction is successful, the App will show a preview of Stocks ownership of the User.

  • Nanovest does not warrant the availability of Global Stocks that may be ordered/purchased by the User, settlement of Global Stocks transactions will be in accordance with terms of Stocks sale that is generally applicable at NYSE and subject to the availability of the ordered Global Stocks on the market or existence of purchasers of Global Stocks that will be sold by a User on the market.

Purchase Transaction Processes on the App

  • When a User grants a purchase instruction via the App, Nanovest will deliver such instruction to Broker via the integrated system with the App and Alpaca will transact the purchase of Stocks in the United States of America via the User account that has been opened with Broker.

  • When granting a purchase instruction, the User shall ensure that it has sufficient Balance for such transaction.

  • Upon receipt of such purchase instruction via the App, Nanovest will transfer the Balance owned by the User on the App to the securities account owned by the User with Broker and Broker will undertake the crossing using such funds.

  • In the event that the user succeeds in completing KYC processes, NYSE is on operational hours, as well as no disruptances on the system and a force majeure, settlement of the purchase instruction will occur at the latest 1 hours from the delivery of a purchase instruction.

  • At this process, Nanovest essentially assists the User to deliver a purchase instruction to Broker as well as transfer of funds from the Balance to the User securities account with Broker to be crossed with the Global Stocks. All transactions shall be made via User securities account with Broker and this App only serves as an intermediary of information.

Sale Transaction Processes on the App

  • When a User grants a sale instruction via the App, Nanovest will deliver such instruction to Broker via the integrated system with the App and Alpaca will transact the sale of Stocks in the United States of America via the User account that has been opened with Broker.

  • Upon completion of such sale instruction by Broker and the Global Stocks owned by the User in the User securities account with Broker has been crossed, Broker will transfer the sale proceeds from the User securities account with Broker to the User Balance on the App.

  • In the event that the user succeeds in completing KYC processes, NYSE is on operational hours, as well as no disruptances on the system and a force majeure, settlement of the sale instruction will occur at the latest 3 hours from the delivery of a sale instruction.

  • At this process, Nanovest essentially assists the User in delivering a sale instruction to Broker assist the User in receiving the proceeds of the sale of Global Stocks into the Balance of the User on the App. All transactions shall be made via User securities account with Broker and this App only serves as an intermediary of information.

 

Limitation

  • In accordance with requirements of government of the United States of America, the Users are not permitted to undertake day trading more than 4 (four) consecutive times within 5 (five) consecutive days. In relation thereto, Nanovest applies a term that a User may only undertake day trading at the maximum of 3 (three) times within 5 (five) consecutive days. If the User exceeds the determined limit, Nanovest will temporarily suspend the user account that result in the user unable to undertake any transactions on the App.

Receipt of Dividend

Users are entitled for dividends on an ownership of a company via the Stocks that they purchase. Dividends will be distributed subject to withholding tax imposed by the government of the United States of America. Amount of dividends received by the User account is an amount which tax has been withheld by the government of the United States of America.

9. TRANSACTIONCOMMISSION

The User acknowledges and agrees that on any transactions made via the App, Nanovest is entitled to collect commissions on the User transaction that will be displayed prior the User entering into the transaction, in the amount as determined by Nanovest from time to time. The App will not process the transaction fi the User does not agree on the commissions charged on such transaction.

 

10. CROSS JURISDICTIONAL DATA SHARING

User data and information may be stored or managed outside of the Republic of Indonesia by Broker. Nanovest shall comply with the applicable laws and regulations as well as use reasonable endeavours to ensure that Alaca or its affiliates and Nanovest in foreign countries will provide data protection and place a level of protection that is comparable with our commitment hereunder.

 

11. DATA DELETION

User personal data that are stored by Nanovest and used for performing transactions shall be data which accuracy has been verified. User personal data shall also be in an encrypted form. In accordance with the applicable laws and regulations, in the event that the User is no longer an App User, Nanovest as the Electronic System provider shall store the User Personal Data for a minimum period of 5 (five) years as of the last date when the owner of personal data is an App User. Data deletion shall be undertaken by Nanovest in accordance with the applicable laws and regulations.

To the extent permitted by the applicable laws, the User is entitled to request us to delete User personal data that are stored in Nanovest’s systems. Upon the User request, we will attempt to delete Your personal data from our system, unless permitted or required otherwise by the applicable laws. Nanovest shall also cease to collect, use, or disclose User personal data, unless permitted or required by the applicable laws. Please note that by requesting us to delete Your personal data, we may not be able to continue providing our services to You.

In relation to this Data Deletion, the User may contact us via contacts as set out under

customer care center on the App.

12. SUPERVISION

Nanovest may and will always supervise and investigate any transactions made by the User. In the event that a User violates the Global Stocks Investment Terms and Conditions as well as other terms set forth by Nanovest, we will record the same as a violation and we may impose sanction to the offender.
In addition, in supporting Anti Money Laundering and Counter Terrorism Financing (“AML- CTF”) that is undertaken by the government, Nanovest by all means will monitor and comply with the applicable laws and regulations. In accordance with the applicable laws and regulations, Nanovest is categorized as a Reporter, that is obligated by the government to report any suspicious transactions made by the Users as governed under the laws and regulations. Nanovest has the rights to suspend or block a User account that is deemed to undertake suspicious transactions for an indefinite period.

In the event that the User is proven to have may a suspicious transaction which violates the applicable laws and regulations, the User hereby authorizes Nanovest to debit the Stocks assets in the portfolio of the User to indemnify Nanovest of any losses incurred as a result of such transaction, without prejudice to the rights to claim indemnifications on all losses incurred as a result of such transaction and the User hereby agrees that the User is not obligated to refund any funds which credits are suspended by the User or funds that are blocked prior to verification processes.

13. USER TERMS OF SECURITY

In supporting User data safety quality, Nanovest shall implement a policy that the User must register an 4-digit numerical PIN so that the User account is not easily hackable. Nanovest shall suggest the User to use such configuration while registering its password. Furthermore, to maintain data security and use of App, the App is arranged as such to allow maintenance of User data security and transaction. In addition to PIN, biometric scanner and/or OTP, the App is also arranged as such to have forced log out from the User Account in the event that the App is idle for 30 consecutive days. So that if the User intends to remain using the App or intends to undertake a transaction, the User shall re-log in.

14. SUPPORTING SYSTEMS

Specifically for Global Stock Investment transactions, Nanovest shall apply certain specific terms on the User to use the latest version of the App. When the user access the Global Stock Investment section, the App shall automatically detect whether the system used by the User may support the Global Stock Investment transaction activities. If during such condition, the App deems that the User gadget is not compatible, the App shall suggest the User to firstly update, or suggest not to invest using such gadget. This is conducted to adjust the system speed requirement of data transfer between Nanovest App with Broker in order to provide better investment experiences to the User.

 

15. MAINTENANCE

To maintain and improve the quality of Services, Nanovest will always update and maintain the App (“Maintenance”). Maintenance may be performed by Nanovest periodically or on an ad hoc basis. Periodical Maintenance will be performed 1 (one) time per month, and Nanovest is obligated to notify the Maintenance schedule to the User at least 2 days (48 hours) in advance prior to the commencement of the periodical Maintenance.

In the event of unavoidable circumstances that require Nanovest to perform Maintenances, Nanovest shall notify the User immediately with the reasons of such sudden Maintenances. In its notice, Nanovest is obligated to remind that during the Maintenances, no User activities that will be processed by the system.

In the event that Nanovest has complied with the appropriate notification procedures concerning the Maintenances to the User, Nanovest may not be claimed for any failed transactions that are made during the Maintenances.

16. FORCE MAJEURE

Force Majeure means any events outside of the control and capability of Nanovest that affects the implementation of services that are provided by Nanovest (including via the App) to the User in relation the Global Stocks Investment, among others including but not limited to:

  1. Earthquakes, hurricanes, floods, landslides, volcanic eruptions and other natural disasters;

  2. War, demonstrations, riots, terrorism, sabotages, embargoes, and mass strikes; and

  3. Economic and government policies that has direct effects.

 

Provided that Nanovest has performed all of its obligations in accordance with the applicable laws and regulations in relation to the occurrence of such Force Majeure, Nanovest will not provide any indemnities and/or accountabilities in any form to the User or other party of any risks, liabilities and claims that may arise in connection with any delays as well as non-fulfillment of obligations due to a Force Majeure.

17. DISPUTE RESOLUTION

In the event of disputes between Nanovest with the User, the dispute settlement will be subject to the courts jurisdiction in Indonesia, to the extent that the parties agree not to select other jurisdictions. All agreements between the User and Nanovest will be construed in accordance with the laws and regulations in Indonesia.

 

18. PASSING AWAY OF THE USER

In the event that the User passes away, Nanovest is entitled to request a valid copy of the death certificate, inheritance statements, wills, and other documents that Nanovest, in its opinion, deems necessary to know the entitled party to receive the User’s inheritances.

 

19. NANO CEASE OF OPERATION

In the event that any certain circumstances result in the App and/or Nanovest to be ceased and not operating, Nanovest will take any goodwill and reasonable actions to return the assets owned by the User. Such return of assets will be made by Nanovest by withdrawing global Stocks assets and/or monies owned by the User on the App, that will be transferred to the User account that is registered on the App.

Nanovest will inform all Users of such events. Nanovest will announce that Nano will cease operation of the App at the minimum 30 days (“Closing Period”). During the Closing Period, Nanovest will:

  1. Cease and/or not process all transactions requested by the User;

  2. Request the User to ensure if the account registered on the App for withdrawal purposes conforms with an account owned by the User. If the User has not registered any User account for withdrawals, the User must register such account. If the User intends to change the withdrawal account, the User may contact Nanovest customer service. Withdrawal account shall be under the name of the User. In the event that a withdrawal account is registered with different name than the User name, Nanovest is entitled to request for proof of relationship between the User and the owner of the registered withdrawal account. The User understands that Nanovest is not liable over any of its losses in relation to the difference in names of the User account for withdrawal purposes;

  3. Withdraw User portfolio in a certain period of time, and transfer the User monies to the account under the name of the User that is registered on the app.

These Global Stocks Investment Terms and Conditions may be modified and amended from time to time. Nanovest shall notify the User via the App and/or email of any modification and/or amendment on the Global Stocks Investment Terms and Conditions. Continuous use of the App by a User upon reciept of such notice constitutes the User’s approval and

acceptance on the modification and/or amendment of the Global Stocks Investment Terms and Conditions.

 

Crypto Assets Investment

These Crypto Assets Investment terms and conditions (“Crypto Assets Investment Terms and Conditions”) apply and bind PT Tumbuh Bersama Nano (“Nanovest”), as the manager Nanovest Application (“App”), and the App user that is registered and verified by Nanovest (hereinafter referred to as the “User”), in connection with the use of the App by the User relating to Crypto Assets Investment functions, via any gadget where the App is available and may be used. The User must read, understand as well as approve the entire content of these Crypto Assets Investment Terms and Conditions prior to the use of Crypto Assets Investment functions on the App.

Crypto Assets Investment” herein means transactions of crypto assets and its derivatives that are performed by a User by utilizing the features made available by Nanovest via the App.

That these Crypto Assets Investment Terms and Conditions are integral parts of Nanovest general Terms and Conditions.

1. GENERAL

In relation to the Crypto Assets Investment services, the App in not a crypto assets trader, but only as an intermediary of information to connect Users with crypto assets traders cooperating with Nanovest (“Crypto Assets Trader”), where the Crypto Assets Trader is the party that will provide the crypto assets. Currently, we are cooperating with PT Crypto Indonesia Berkat (“Tokocrypto”) as the Crypto Assets Trader.

In using the App, Users are provided with facilities to manage and invest in Crypto Assets, with the following scope:

  1. purchase of Crypto Assets in Rupiah;

  2. sale of Crypto Assets in Rupiah; and

  3. transfer of Crypto Assets between Users,

 

(“Services”).

Crypto assets traded by the Crypto Assets Trader via the App are crypto assets that are registered under crypto assets that may be traded in the Crypto Assets Physical Market pursuant to Regulation of the Commodity Futures Trading Supervisory Agency Number 7 of 2020 on Determination of the List of Tradable Crypto Assets on the Physical Market for Crypto Assets.

For more details on the scheme and method of transactions, Users may read and refer to section 6 on Transactions on these Crypto Assets Investment Terms and Conditions.

2. RISKS

Services Risks

As a risk of the utilization of our Services, the User may lose all of its investment in Crypto Assets that are available on the App. Accordingly, Users are advised not to use any monies that the Users can not afford to lose. Prior to utilizing the Services, Users must read and consider all potential risks based on source of income, experience and risk tolerance of each User. If deemed necessary, Users may consult with their investment and financial advisor prior to utilizing the Services. Users must understand the risks that are associated with the Services, among others:

  1. Actual profits and losses that Users experience may be varied depending on several factors, including but not limited to, market behavior, market change as well as amount of Crypto Assets invested by the User.

  2. Users’ Crypto Assets may increase or decrease instantly.

  3. Prior investment performance is not a future investment performance guideline.

App Risks

When a User consummates a transaction via any applications, including via the App, there will always be a risk of transaction failure and/or loss of monies due to:

  1. failures and damages on the computer, handphone or other gadgets that you use (including the battery);

  2. unstable internet connection, that results in Users unable to connect with the App or Users may be connected, while such unstable connection result in delays that carry a risk in the placement and activity of your investment;

  3. hacking performed by other parties, whether direct hacking on the App, hacking of the software, as well as malicious links that enable hackers to gain or use access to information and/or assets of the User;

  4. your device is incompatible with, or does not the system specification of the App, including due to errors in settings or operating systems of your gadget which do not meet with the requirements;

  5. system failures on the App, or failures on the hardwares and softwares on the gadget that the User uses; and

  6. User’s incompliance of these Crypto Assets Terms and Conditions that may result in suspension or blocking of the User Account.

Nanovest will use technical and security methods that are good, proper, and appropriate to maintain the security of the App and free from viruses and errors. However, notwithstanding the effectiveness of this technology, no security system is completely safe and unhackable. Therefore, Nanovest is unable to warrant the complete security of Nanovest database and Nanovest is also unable to warrant that the information You provide will not be disturbed/disrupted during delivery to Nanovest.

By opening an account on the App and registering for Crypto Assets transactions, the User is deemed to approve and acknowledge that the User has read and understood the potential risks.

Nanovest Limitation of Liability

Tradings may be ceased at any time by the authority without prior notice to the User. On open position that may be held by a User upon a cease of transaction, it will be settled (liquidated) pursuant to the laws or regulations issued by such authority, and all losses as well as costs as a result of the cessation of transactions by the trading authorities, shall be fully borne by, and be the liability of the User.

3. COLLECTION AND PROTECTION OF USER DATA

In conducting its business activities and in improving services on the App, Nanovest shall also request for and collect data, as well as transfer User data if there is a legal obligation to disclose such data to government agencies as well as to parties in cooperation with Nanovest (“Vendor”) to enable the User to undertake investing activities as well as transactions on the App. Please be aware that to protect Users’ data and to comply with the applicable laws, Nanovest will only provide data to Vendors upon approval from the User.

Data Collection

Users’ Data are collected by Nanovest in several ways, namely:

  1. through forms or applications by a potential user. Data collected at this stage are personal identities of the potential user such as Citizenship Registration Number (NIK), name according to Identity Card (KTP), place and date of birth according to KTP, address, employment location, annual income, estimated properties, as well as valid HP number and email address;

  2. certain banking data that are provided by Users when Users intend to withdraw money;

  3. transaction activities data, search activities data on the App, news reading activities, and other activities conducted by the User on the App;

  4. biometrics data provided by the user, being data consisting of facial features and other body parts uploaded by the User on the App;

  5. location data delivered by the system when reading App usages at a certain location or area;

  6. technical data obtained when a User is using the App. Such technical data include Internet Protocol (IP) address, website information, duration of App usages or website visits, gadget when using the internet, advertisements, and other relevant matters;

  7. interaction data with our customer service;

  8. other data collection mechanism performed by Nanovest (including via the App);

  9. other sources in cooperation with Nanovest, where Users have granted their approval to permit the transfer of data of such Users.

Before Users are able to use the App and services provided by Nanovest, the Users will firstly be requested to approve these Privacy Policies (including on the collection of personal data as mentioned above). Specifically on personal data collection via local data access and system data that are in the User’s gadget, Nanovest will request prior approval before having access to the same, including access to photos, voices, cameras, and other features of gadgets used by the User.

Completeness of Users’ data will be useful for the App to present great impressions and experiences to the Users in using the App. Nanovest is also of the view that protection of personal information is a very important requirement as required under the applicable laws and regulations. Nanovest, with its best efforts, will maintain, protect and use Users data with strict and appropriate control procedures.

4. USERS REPRESENTATIONS

The User hereby authorizes Nanovest to act for and act as a party fully authorized by the User, based on any order, instruction and communication provided by the User to Nano via the App or other medias made available by Nano, without the requirement for Nanovest to further investigate on the authenticity, authority or identity of the person providing or intending to provide such instruction and without reference to the circumstances at the time. All orders, instructions and communications provided by the User to Nano via the App will be deemed to be a direct order, instruction and communication of the User, as the User is obligated to protect the User data access on the App from other parties. The User hereby agrees to be fully liable to Nanovest and

releases Nanovest of any agreements, charges, or other liabilities created or incurred on behalf of the User in connection with the use of the App by the User.

5. COOPERATION WITH CRYPTO ASSETS TRADER

In implementing Crypto Assets Investment features on the App, as described under the general section, Nanovest cooperates with Crypto Assets Trader that will act as the party that provides such crypto assets.

The Crypto Assets Trader in cooperation with Nanovest as mentioned above is PT Crypto Indonesia Berkat (Tokocrypto), who is currently listed as one of the 13 (thirteen) potential Crypto Assets Physical Trader under the supervision of Commodity Futures Trading Supervisory Agency (Badan Pengawas Perdagangan Berjangka Komoditi/Bappebti).

Nanovest and Tokocypto are separate legal entities that are not affiliated as well as conducting their respective business activities. Nanovest is not liable over any legal actions undertaken by Tokocrypto with the Users.

6. TRANSACTIONS

General Terms for Transactions

  • Uses may only commence to transact once the Know-Your-Customer (KYC) processes have been approved by Nanovest.

  • Unlike the Indonesian Stock Exchange, in conducting trading, Crypto Assets tradings are available 24 (twenty four) hours for 7 (seven) days, so that the Users have the freedom to perform any Crypto Assets trading activities, unless during extraordinary situations that result in the Crypto Assets tradings completely unable to be undertaken.

  • Crypto Assets transactions may be fractional, where it allows you to purchase the assets based on the User’s capital amount that such User invests (crypto assets amount earned will be according to the captal amount). As a reference of fractional tradings, shares sold in Indonesia are not fractional assets as the calculation is per 1 (one) share.

  • In the event that the transactions are successful, the App will display preview of crypto assets ownership of the User.

  • Nanovest will use its best efforts to complete all Users’ Crypto Assets transactions. However, Nanovest does not fully warrant the availability of Crypto Assets ordered/purchased by Users. Completion of Crypto Assets transaction shall comply with the applicable conditions of Crypto Assets transactions as well as subject to (i) the availability of Crypto Assets made available by Tokocrypto, and (ii) pre- fund/deposit owned by Nanovest with Tokocrypto. In the event that the above mentioned conditions are not met, Nanovest will notify the User that the transaction may not be continued at the time. In the event that the Users have complied with all conditions of Crypto Assets transactions but remain failing due to the availability of Crypto Assets or pre-fund/deposit as mentioned under items (i) and (ii) above, the Users may remain to undertake transactions of other available Crypto Assets, or reduce the purchase amount of a Crypto Asset.

Purchase Transactions on the App

  • When a User grants a purchase instruction via the App, the User shall ensure that it has sufficient Balance for such transaction.

  • Subsequently, Nanovest will automatically ensure the availability of the Crypto Assets that will be purchased and ensure whether the pre-fund/deposit of Nanovest with Tokocrypto is sufficient.

  • Upon receipt of such purchase instruction and Nanovest deems that the transaction may be performed, Nanovest will process such transactions by withdrawing the User’s funds and deliver the Crypto Assets to the User.

  • In purchasing Crypto Assets, transactions may only be undertaken using stable coins (i.e. BIDR or USDT cryptos, etc.). Nanovest will firstly convert the Users Rupiah balance to stable coins in order to purchase Crypto Assets. Stable coins are cryptos designed to imitate fiat currencies such as Rupiah or Dollars with value or rate referring to Rupiah or Dollars value: Value comparison between stable coins with Rupiah or Dollars is close to 1:1. As an example, if the user is depositing Rp1,000,000,- (one million Rupiah), the User’s Balance will be equivalent with BIDR in the amount of 999,000 BIDR (this value may vary with reference to BIDR to Rupiah exchange rate and conversion amount). This is the value that will be the capital in transacting Crypto Assets.

  • By clicking the “purchase” button on the App, Users authorize Nanovest to transact at the purchase rate at the time and approve the inccurance and the amount of the relevant conversion charges.

  • Nanovest will use its best efforts to complete all Crypto Assets purchases, but we may not be able to do so at times. In such event, we will notify the Users and request the Users to retry the purchase with the current rate.

Sale Transactions on the App

  • When a User grants a sale instruction via the App, Nanovest will process the sale of the User’s Crypto Assets to another User.

  • Users acknowledge that the sell rate may not be the same as the purchase rate at a certain time. Users agree to accept any rate at the time the Users authorize a transaction.

  • By clicking the “sell” button on the App, Users authorize Nanovest to transact at the sell rate at the time and approve the inccurance and the amount of the relevant conversion charges.

Limitation on Crypto Assets Transactions

Users are subject to transaction volume limits, that are denominated in Rupiah, in a certain period (e.g daily). Users may have different transaction limits. Such limits may be affected by various factors, among others with reference to the KYC.

Failure in Transactions

  1. Crypto Assets purchases by Users may fail if the App system is unable to reliably connect to Tokocrypto systems.

  2. Crypto Assets purchases by Users may fail if the transacted Crypto Assets are not available.

  3. Crypto Assets sales by Users may fail if the App system is unable to reliably connect to Tokocrypto systems.

Refusal, Cancellation and Suspension of Transactions

  1. Nanovest reserves the rights to refuse, cancel or suspend a transaction if Nanovest is in the opinion that such transactions are intended for activities in violation of the prevailing laws and regulations in Indonesia or internationally applicable laws (“Laws”).

  2. Users acknowledge and agree that Nanovest must refuse to process any transactions as permitted by Laws.

  3. Nanovest is fully authorized to supervise Users in preventing any potential crimes.

  4. Users acknowledge that Nanovest is subject to the applicable laws and regulations in Indonesia. Users hereby agree to provide any information including but not limited to name, age, address, income, properties, debts and other information to Nanovest, as permitted by Laws.

  5. In the event of a suspicious transaction in undertaken in Nanovest, Nanovest is fully authorized to block the User’s activities as well as to deactivate such User’s account with Nanovest for further investigation.

7. TRANSACTION COMMISSION

The User acknowledges and agrees that on any transactions made via the App, Nanovest is entitled to collect commissions on the User transaction that will be displayed prior to the User entering into the transaction, in the amount as determined by Nanovest from time to time. The App will not process the transaction if the User does not agree to the commissions charged on such transaction.

8. SUPERVISION

Nanovest may and will always supervise and investigate any transactions made by the Users. In the event that a User violates the Crypto Assets Investment Terms and Conditions as well as other terms set forth by Nanovest, we will record the same as a violation and we may impose sanctions to the offender.

In addition, in supporting Anti Money Laundering and Counter Terrorism Financing (“AML- CTF”) programmes that are undertaken by the government, Nanovest by all means will monitor and comply with the applicable laws and regulations. In accordance with the applicable laws and regulations, Nanovest is categorized as a Reporter, that is obligated by the government to report any suspicious transactions made by the Users as governed under the laws and regulations.

In the event that the User is proven to have undertaken a suspicious transaction which violates the applicable laws and regulations, the User hereby authorizes Nanovest to debit the crypto assets in the portfolio of the User to indemnify Nanovest of any losses incurred as a result of such transaction, without prejudice to the rights to claim indemnification on all losses incurred as a result of such transaction and the User hereby agrees that the User is not obligated to refund any funds which credits are suspended by the User or funds that are blocked prior to verification processes.

9. MAINTENANCE

To maintain and improve the quality of Services, Nanovest will always update and maintain the App (“Maintenances”). Maintenances may be performed by Nanovest periodically or on an ad hoc basis. Periodical Maintenances will be performed 1 (one) time per month, and Nanovest is obligated to notify the Maintenance schedule to the User at least 2 days (48 hours) in advance prior to the commencement of the periodical Maintenance.

In the event of unavoidable circumstances that require Nanovest to perform Maintenances, Nanovest shall notify the Users immediately with the reasons of such ad 

hoc Maintenances. In its notice, Nanovest is obligated to remind that during the Maintenances, no User activities will be processed by the system.

In the event that Nanovest has complied with the appropriate notification procedures concerning the Maintenances to the User, Nanovest may not be claimed for any failed transactions that are made during the Maintenances.

Maintenances with Nanovest platform does not include maintenances on Tokocrypto systems which will also affect the provision of Services.

10. FORCE MAJEURE

Force Majeure means any events outside of the control and capability of Nanovest that affects the implementation of services that are provided by Nanovest (including via the App) to the User in relation the Crypto Assets Investment, among others including but not limited to:

  1. Earthquakes, hurricanes, floods, landslides, volcanic eruptions and other natural disasters;

  2. Wars, demonstrations, riots, terrorism, sabotages, embargoes, and mass strikes; and

  3. Economic and government policies that has direct effects.

Provided that Nanovest has performed all of its obligations in accordance with the applicable laws and regulations in relation to the occurence of such Force Majeure, Nanovest will not provide any indemnities and/or accountabilities in any form to the User or other party of any risks, liabilities and claims that may arise in connection with any delays as well as non-fulfillment of obligations due to a Force Majeure.

11. DISPUTE RESOLUTIONS

In the event of disputes between Nanovest with a User, the dispute settlement will be subject to the courts jurisdiction in Indonesia, to the extent that the parties agree not to select other jurisdictions. There are several settlement mechanism, namely:

  1. Such dispute will firstly be settled amicably by the user and Nanovest via mediation, or other forms of resolutions arising out of dispute settlement in connection with transactions related to futures contracts namely those determined by the relevant futures exchange (as set out under Law Number 10 of 2011 concerning Amendment to Law Number 32 of 1997 Commodity Futures Trading), which is provided by Indonesian Commodities and Derivatives Exchange (Bursa Berjangka Komoditi & Derivatif/ICDX);

  2. Online dispute settlement method will be considered by Nanovest in the future (if any);

  3. In the event that no settlement is reached within 30 (thirty days) using both processes above, further Dispute settlement process may be undertaken via courts or outside of courts. In the event that the Dispute settlement is undertaken outside of courts, a mechanism that may be selected is an abitration forum. Arbitration may be undertaken via Indonesian National Arbitration Board (Badan Arbitrase Nasional Indonesia/BANI) or Commodity Futures Trading Arbitration Board (Badan Arbitrase Perdagangan Berjangka Komoditi/“BAKTI”) (if previously bound in an Arbitration Agreement (as defined below), being the institution that settles commodity futures trading disputes. The parties may select the appropriate arbitration forum for them.

Dispute settlement via BAKTI may only be undertaken if the applicant and respondent is bound by a written agreement made by the parties prior to the occurence of the Dispute (“Arbitration Agreement”). This Arbitration Agreement supersedes the parties’ rights to submit the dispute in court, and the court is not authorized to try the parties bound in an Arbitration Agreement.

12. PASSING AWAY OF THE USER

In the event that the User passes away, Nanovest is entitled to request a valid copy of the death certificate, inheritance statements, wills, and other documents that Nanovest, in its opinion, deems necessary to know the entitled party to receive the User’s inheritances.

13. NANOVEST CEASE OF OPERATION

In the event that any certain circumstances result in the App and/or Nanovest to be ceased and not operating, Nanovest will take any goodwill and reasonable actions to return the assets owned by the Users. Such return of assets will be made by Nanovest by withdrawing crypto assets and/or monies owned by the User on the App, that will be transferred to the User account that is registered on the App.

Nanovest will inform all Users of such events. Nanovest will announce that Nano will cease operation of the App in 30 days (“Closing Period”). During the Closing Period, Nanovest will:

  1. Cease and/or not process any transactions requested by the User;

  2. Request the User to ensure if the account registered on the App for withdrawal purposes conforms with an account owned by the User. If the User has not registered any User account for withdrawals, the User must register such account. If the User intends to change the withdrawal account, the User may contact Nanovest customer service. Withdrawal account must be under the name of the User. The Users understand that Nanovest will not process and is not liable over any of its losses in relation to the difference in names of the User account for

    withdrawal purposes;

  3. Withdraw User’s portfolio in a certain period of time, and transfer the User monies

    to the account under the name of the User that is registered on the app.

These Crypto Assets Investment Terms and Conditions may be modified and amended from time to time. Nanovest shall notify the Users via the App and/or email of any modification and/or amendment on the Crypto Assets Investment Terms and Conditions. Continuous use of the App by a User upon receipt of such notice constitutes the User’s approval and acceptance on the modification and/or amendment of the Crypto Assets Investment Terms and Conditions.

Referral Program

  1. Users may participate in this referral program upon completion of user data verification (KYC) processes (“Verified Users”).

  2. To obtain 1 valid referral, the friend invited by such Verified User shall fulfill the following conditions:

    1. A new user (phone number has never been registered and has never undergone data verification);

    2. Inserting valid referral code during account registration; and

    3. Completing user data verification (KYC) processes.

  3. Verified Users will earn Rp15,000 for each successful referral.

  4. Invitees using a valid referral code of a Verified User during the account registration

    will also earn Rp15,000, upon such invitee completing the steps as mentioned in item

    2 above.

  5. Upon such invitee completing the steps as mentioned in item 2 above.

  6. In the event of a fraud, Nanovest reserves the rights to do the following without any

    prior notice to the user:

    1. Cease or limit the referral program rewards;

    2. Withholding/not distributing the referral program rewards;

    3. Blocking Verified User’s account; and

    4. Imposing sanctions in the event of allegations of employee interference with the

      determination of winners and invitees.

  7. Nanovest reserves the rights to change the amount, terms and conditions of the

    rewards without prior notice. In the event of discrepancies between these terms &

    conditions and the marketing materials, these terms & conditions shall apply.

  8. Nanovest decision is final and may not be appealed.