Pintu Pro Terms and Conditions

Last Update: 3 Apr 2024

Welcome to Pintu Pro! Pintu Pro is a main feature available on Pintu Platform created and operated by PT Pintu Kemana Saja (“Pintu”). (Pintu and, as relevant and applicable, its affiliates shall be referred to as “Pintu” / “we” / “our”). 

 

These Terms and Conditions (“Pintu Pro T&Cs”) constitutes an agreement between you, as the user of the Pintu Pro (“you” or “User”) and Pintu in relation to Pintu Pro as made available in Pintu Platform (“Pintu Pro”). All capitalized terms not otherwise defined herein shall have the same meanings provided to those terms in the Terms and Conditions and policies as elaborated in the paragraph below.  

 

By accessing, using, or clicking the Pintu Pro, you confirm and agree that regardless of your location and/or nationality, you have read, understood, and consented to be bound by the (i) Terms and Conditions of Pintu Platform, (ii) Privacy Policy of Pintu Platform, and other applicable policies, as well as (iii) these Pintu Pro T&Cs together with  any of its future amendments and additions as published from time to time at https://pintu.co.id/en/pages/pintu-pro-terms-and-conditions through Pintu Platform, and/or any other media designated by Pintu, and your continued use of Pintu Pro after any such changes, shall constitute your consent and acceptance of the updated Pintu Pro T&Cs.

 

If you do not agree to be bound by the above-mentioned Terms and Conditions, Privacy Policy, policies, and/or these Pintu Pro T&Cs, you should not access or use or by any way should stop accessing or using Pintu Pro.

 

A. Avaibility of Pintu Pro

    1. You understand and agree that Pintu Pro is provided to you as is. To the extent permitted by applicable law and in accordance with Pintu’s sole discretion, Pintu has the right to modify, develop, temporarily suspend, stop providing, and/or delete, either in whole or in part, Pintu Pro. Pintu with its best efforts, will notify you of each of the actions mentioned above.
    2. Unless otherwise stated in these Pintu Pro T&Cs, to the extent permitted by applicable law, Pintu and its affiliates or service providers make no representations, warranties or promises whatsoever, whether expressed or implied, regarding the performance, availability, reliability, and accuracy of: 1) any software and/or hardware used in connection with Pintu Pro; 2) every application, website, and/or feature used or accessed by you in relation to your usage of Pintu Pro; and 3) the quality of the telecommunications network used by you to access Pintu Pro.

       

B. Description of Pintu Pro

Pintu Pro is a main feature of Pintu Platform designated for Users who wish to do more advanced trading of Crypto Assets compared to the Pintu Retail/Pintu Lite feature. The specific sub-features of Pintu Pro include Depth Chart, Public Trades/Last Trades, Time-In-Force, and Order Book

C. Access to and Usage of Pintu Pro 

    1. Pintu Pro is currently only available and accessible through Pintu Platform for devices with iOS and/or Android and is only able to be utilized by Users who have registered and fulfilled the eligibility requirements as set out by Pintu through its Terms and Conditions.  
    2. In order to access and use Pintu Pro, you must first log in to your Account at Pintu Platform through your device; and once logged in, you can access the Pintu Pro by clicking the ‘Pintu’ icon displayed on Pintu Platform.
    3. Pintu Pro has the following functions:
      1. Same functions as the ones provided in Pintu Retail / Pintu Lite (for example, sale and purchase of Crypto Assets, send, and receive of Crypto Assets). Please refer to Section F of the Terms and Conditions of Pintu Platform for general explanations on each function. 
      2. Order Book: Order Book is a sub-feature to see the current demands and supplies of Crypto Assets. 
      3. Depth Chart: A sub-feature for Users to see the cumulative order book depth on the bid and ask side with respect to prices of Crypto Assets.   
      4. Public Trades / Last Trades: A sub-feature that shows all trades of a Crypto Asset that have been matched on the Order Book. 
      5. Time-In-Force: A special instruction used when placing order of Crypto Assets’ trades to indicate how long an order will remain active before it is executed or expires.  
      6. Transfer: A feature to facilitate transfer of Crypto Assets from a Pintu Retail Account to a Pintu Pro Account.
      7. All other functions/features of Pintu Pro directly provided and explained by Pintu on Pintu Platform and/or any other publications issued by Pintu.
    4. By using Pintu Pro, you hereby acknowledge and agree that:
      1. Pintu Pro is currently still in an early version/beta version and is not yet fully audited. Having said that, you hereby acknowledge and agree that Pintu is not responsible for any losses you may experience due to any event caused by the early / beta version of Pintu Pro, nor is Pintu under any obligation to compensate or indemnify any loss of Crypto Assets to you; 
      2. the Trading Rules provided under the Terms and Conditions of Pintu Platform shall also apply as relevant and applicable to the usage of Pintu Pro;   
      3. you will bear all responsibilities for all actions related to your use of Pintu Pro. For the avoidance of doubt, this responsibility remains in effect whether the actions are authorized by you, or exercised by you, third parties which include your agents, contractors or representatives. Pintu does not assume responsibility for unauthorized entry into your Account at Pintu Pro, even if such access results from fraudulent activities, phishing attempts, or other unlawful actions conducted by third parties against you. You are required to ensure that your utilization of Pintu Pro complies with all relevant laws and regulations;  
      4. you may be subject to supplementary terms and conditions, or other applicable policies set forth by the issuer of the Crypto Assets, and/or any other relevant third party;
      5. Pintu does not control any blockchain protocol and smart contract and therefore is not liable for any loss caused by the error of the blockchain protocol and/or smart contract;  
      6. Pintu is not responsible for any losses resulting from sending Crypto Assets to the wrong address(es). Pintu shall not be liable for any and all losses resulting from your own fault or error, including but not limited to: you providing an incorrect address of your wallet or other address for receiving Crypto Assets, or you transferring your assets to a wrong address; 
      7. you hereby acknowledge and agree that you shall assume sole responsibility for reviewing and verifying any Transactions you intend to confirm;     
      8. in the event that Crypto Assets are sent to or received from blockchain/wallet addresses which Pintu deems, at its sole discretion, associated with illicit activities or actions that breaches the terms outlined in these Pintu Pro T&Cs (referred to as “Restricted Address“), Pintu may undertake necessary measures, including but not limited to freeze your Account, decline, and/ or suspend Transactions from your Account. Additionally, steps may be taken to close your account in compliance with the relevant laws. In certain situations, Pintu may also find it essential to report suspected unlawful activities to appropriate law enforcement agencies. You may be required to cooperate with Pintu and/or the relevant authorities during the investigation and resolution process of the affected Crypto Assets to restore normal and lawful usage of Pintu Pro; and 
      9. some explanations/provisions on specific matters (including the specific types of Pintu Pro’s sub-features and how the features work) may be provided directly on the Pintu Platform and/or any other Pintu publications, and therefore, you agree to also be bound by such explanations/provisions and in case where those are in discrepancy with these Pintu Pro T&Cs, those provided on the Platform and/or publications shall apply.

         

D. Users’ Obligations and Restrictions

    1. You further agree to protect and keep secure your Account at Pintu Platform including those pertaining to Pintu Pro, as well as be accountable for any disclosure or use of your Account. In the event where you become aware, or there’s a reason to suspect that the confidentiality of your Account has been compromised or if there’s any unauthorized use of your Account, you must immediately: a) change your login credentials; and b) notify Pintu and allow Pintu to disable your Account for further investigation. 
    2. For the avoidance of doubt, you are prohibited from revealing your security details or password to your Account to Pintu or any other party, irrespective of the circumstances or by whatever means. Failure to comply with this prohibition will result in your complete responsibility and accountability for all Transactions conducted through your Account, whether with or without your knowledge and consent. To note, Pintu will be unable to void, reverse, or refund any money from the transaction in which the security code to your Account has been used, whether by yourself or a third party with access to it.
    3. Pintu will always assume and consider that any usage on behalf of your Account is carried out by you, and Pintu reserves the right to conclude that such usage or activity is done or initiated by you. Pintu will not assume liability for any losses or damages arising from your failure to safeguard your account information.
    4. You hereby acknowledge and agree that all relevant intellectual property rights (whether registered or not registered) are owned by Pintu and/or the relevant third party, and you shall not, in any way, infringe upon Pintu’s and/or any third party’s copyrights, trademark rights, and other intellectual property rights or legal rights and interests.
    5. In your use of Pintu Pro, Pintu may be required to establish and verify your identity, or the identity of any relevant beneficial owner pursuant to applicable laws, regulations, notices and guidelines. Pintu may therefore require you to provide your identification documents or collect your personal information for this purpose. You hereby acknowledge that Pintu may collect such data on request, and use such data provided for the purposes of establishing your identity and implementing an ongoing monitoring program to ensure the adherence of Pintu and you to the applicable laws, regulations, notices and guidelines, together with sharing such data internally with its affiliates and with its relevant and authorized third-parties (both in Indonesia and overseas), as well as in relation to transfers and reporting of such data and your Transactions to the relevant authority, and such other government or regulatory authority as Pintu may deem appropriate or as may be required under any applicable laws, regulations, notices and/or guidelines.

E. Notice of Risks

You acknowledge and agree that the use of Pintu Pro inherently involves certain risks. These risks include, but are not limited to, the followings: 

        1. Third Party Risks
          1. Certain third-party services may require your acceptance of contracts or agreements governed by their distinct terms and conditions. These contractual agreements may encompass clauses pertaining to data sharing, financial commitments, and mechanisms for dispute resolution. Prior to engaging with third-party services, it is imperative that you diligently review and comprehend the contractual terms to ensure strict adherence. We also recommend that you seek legal advisors to assist you as may be necessary. 
          2. The use of third-party services, or blockchain protocols alongside  Pintu Pro may expose you to additional risks. These third-party services operate independently and their security, reliability and compliance with applicable regulations may vary. You are responsible for evaluating risks associated with third party services, as well as comprehend the respective terms of use and privacy policies. For the avoidance of doubt, the actions or policies of the third-party service are beyond Pintu’s control, and Pintu hereby expressly state that Pintu do not and will not assume responsibility for any losses or disputes arising from your interactions with third-party services. 
        2. Futures Trading Risks
          In the case where Pintu Pro has provided a futures trading feature, note that futures trading involves very high risks of losses and is not suitable for everyone. You should carefully observe your investment goals/purposes, financial resources and risk tolerance to determine whether the futures trading and/or its related products/features is/are appropriate for you. You acknowledge that futures trading concerning Crypto Assets is a highly speculative activity involving highly leveraged and rapidly fluctuating markets. You further understand and accept the significant risks associated with the use of ‘margin’ and ‘leverage’ and have determined that the use of margin and/or leverage is consistent with your investment goals/purposes. Despite such risks, you acknowledge, understand, and agree that you are willing and able to assume the financial risks and any other risk of futures trading with respect to Crypto Assets and agree that you will not in any way hold Pintu responsible for Losses incurred by you under or in connection with these Pintu Pro T&Cs and/or any other Terms and Conditions and policies related thereto issued by Pintu.  You acknowledge that futures trading involves the potential for profit as well as the risk of losing substantially more than your initial deposit. You do not own or have any rights to the underlying instruments – which includes Crypto Assets and any rewards or yields generated from them. 
        3. Phishing or Scam Risks
          There are risks where phishing websites, deceptive dApps, and/or fraudulent schemes will seek to deceive you into revealing your sensitive information relating to your Account. Pintu do not have full control over possible phishing or scams. However, Pintu, with its best commercially feasible effort, will attempt to prevent any phishing and/or scams measures within Pintu Pro. Regardless of the latter, you are responsible to always be cautious in using Pintu Pro.
        4. No Guarantee of Returns
          The value of Crypto Assets can change, either increasing or decreasing, significantly from time to time. Pintu hereby expressly states that Pintu does not provide the guarantee and is not responsible to you for any returns of investments on your Crypto Assets investment.
        5. Tax Risks
          Any Transactions performed through your Account may have tax implications. It is your sole responsibility to report and pay any applicable taxes on your Crypto Assets and Transactions.
        6. No Guarantee of Exact Timing
          You understand and agree that when you redeem or access your Crypto Assets, the time it actually takes for you to receive the Crypto Assets in your Account may vary, and the Crypto Assets received and displayed on your Account at Pintu Platform shall be final. Pintu is not liable for any losses as a result of the aforementioned.

F. Implementation of the Anti-Money Laundering and Prevention of Terrorism Funding and Proliferation of Weapons of Mass Destructions

As required by the applicable laws and regulations, Pintu implements the Anti-Money Laundering and Prevention of the Financing of Terrorism program as well as the Proliferation of Weapons of Mass Destruction. In this regard, Pintu may suspend, delay and/or refuse any Pintu Pro registration/application and/or any Transaction made by you if there is an indication of a violation by you of these matters. You hereby understand, acknowledge and agree that you will not raise any objection in connection with the actions that Pintu takes related to the implementation of the program (including requests for further information in connection with a Transaction, through the Customer Due Diligence and/or Enhanced Due Diligence process).

 

G. Representation, Warranties, and Undertakings

You hereby provide to Pintu all representations and warranties under Section H of the Terms and Conditions; and those representations and warranties shall be deemed repeated whenever you give orders to Pintu, enter into any Transactions  or establish any Account with Pintu.

 

H. Indemnification and Limitation of Liability

Please refer to Section I of the Terms and Conditions where that Section will be applicable for you as well in relation to your use of Pintu Pro.

 

I. Update to Pintu Pro T&Cs

Pintu has the right to change, modify, add and/or make variations to these Pintu Pro T&Cs from time to time. Pintu, on a best commercially feasible effort basis, may provide ten (10) business days’ notice of any changes, which Pintu in its reasonable discretion deems material, to these Pintu Pro T&Cs following which your continued use of Pintu Pro, with or without the notification of such changes, will be deemed to confirm your acceptance of such changes. You remain responsible for knowing any changes made to this Pintu Pro T&Cs. Therefore, we suggest that you check and read these Pintu Pro T&Cs from time to time.

BY USING PINTU PRO ON PINTU PLATFORM CONTINUOUSLY AFTER SUCH CHANGES ARE MADE, THE USER IS CONSIDERED TO HAVE ACCEPTED ANY CHANGES TO THESE PINTU PRO T&CS. IF THE USER DOES NOT AGREE TO ANY CHANGES MADE, THE USER SHOULD STOP USING PINTU PRO IN PINTU PLATFORM. THE USER WILL NOT RECEIVE ANY COMPENSATION FROM PINTU FOR ANY CHANGES TO THESE PINTU PRO T&Cs.

 

J. Service Fees

The fees applicable in relation to your use of Pintu Pro is detailed on Pintu Platform.

 

K. Taxes

You agree that: 

        1. these Pintu Pro T&Cs shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time;
        2. you will use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend Pintu to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with Pintu Pro under these Pintu Pro T&Cs; and 
        3. you agree that details of your Account and all transactions thereunder may be provided on request to any tax authorities either in Indonesia or overseas where the purpose of such request is the lawful payment of tax obligations and/or the identification of assets for taxation.

L. Governing Law and Dispute Settlement 

    1. Governing Law
      These Pintu Pro T&Cs, your use of Pintu Pro, any claim, counterclaim or dispute of any kind or nature whatsoever arising out of these Pintu Pro T&Cs, directly or indirectly, shall be governed by, and construed in accordance with the laws of Indonesia without regard to the principles of conflicts of laws thereof.
    2. Dispute Settlement
      1. Dispute Resolution Method
        You acknowledge and agree that in the event of any dispute, the parties shall first refer the dispute by way of amicable settlement.
      2. Arbitration Rules and Jurisdiction
        If within 30 (thirty) days after the date when the amicable settlement conducted there is no settlement agreed upon for the dispute, the User agrees that the dispute will be resolved through the dispute settlement means provided by the Futures Exchange. If through dispute resolution provided by the Futures Exchange no agreement is reached to resolve the dispute, then the User agrees that the dispute will be resolved through the Commodity Futures Trading Arbitration Agency (Badan Arbitrase Perdagangan Berjangka Komoditi/BAKTI) or the Central Jakarta District Court.
      3. Final and Binding Nature
        Any arbitral award shall be final and binding upon the parties hereto and shall be enforceable in any competent court which has jurisdiction. No party hereunder shall be entitled to commence or file any action in a court of law relating to any dispute arising from or in relation to this Agreement except for the purpose of recognition and enforcement of any arbitral award granted by arbitration as provided herein.
      4. No Class Action or Litigation
        You agree to resolve any and all disputes with Pintu on an individual basis through arbitration instead of as part of any class action or representative litigation.

M. Data Privacy 

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

In connection with your use of Pintu Pro, you understand and agree that you are bound by Pintu’s Privacy Policy available in this link and all changes thereto that can be made at any time, as included in these Pintu Pro T&Cs as a reference. 

N. Language (For Indonesian Users Only)

These Pintu Pro T&Cs are prepared and provided in the versions of English and Indonesian languages and both versions validly applicable and binding against you. In the event of any inconsistency between the English language text and the Indonesian language text, or if there should be any dispute on the meaning or interpretation of certain provisions, you hereby agree that the English language text shall prevail and the Indonesian language text will be deemed to be automatically amended to conform with and to make the relevant Indonesian language text consistent with the relevant English language text.   

O. Entirety

These Pintu Pro T&Cs together with the (i) Terms and Conditions of Pintu Platform, (ii) Privacy Policy of Pintu Platform, and other applicable policies, as well as any other documents referred to herein or therein relating to the subject matter hereto shall constitute the entire agreement between you and Pintu in relation to the subject matter hereof. You hereby agree that every provision in such Terms and Conditions and policies and is not otherwise defined herein will also be applicable, as relevant and applicable, for these Pintu Pro T&Cs.