Terms & Conditions Livin’ by Mandiri Timor-Leste

Version 1.0 was updated on 25th Nov 2024

By accessing Livin’ by Mandiri Timor-Leste (“Livin’ Timor-Leste application“) provided by Bank Mandiri Timor-Leste Office on behalf of PT Bank Mandiri (Persero) Tbk., (“Bank Mandiri“), Customers (“You” or “you”) are agree to be bound by the following Terms and Conditions of Livin’ by Mandiri Timor-Leste Application (“Livin’ Timor-Leste application Terms and Conditions“).

A. Terms and Procedures for Using Livin’ Timor-Leste Application

1. 1. You must be a Bank Mandiri Timor-Leste Customer and possess a valid debit card issued in Timor-Leste.
   2. For using Livin’ Timor-Leste application, You must:
      • Use a smartphone that meets the Operating System (OS) and minimum specifications set by Bank Mandiri.
      • Register an active and valid WhatsApp number to receive One Time Password (OTP) from Bank Mandiri via WhatsApp.
      • Visit Bank Mandiri Timor-Leste Branch/Sub-branch Office for data verification and bring identity card, account book, and reference code from Livin’ Timor-Leste application.
      • Register an active and valid email address with sufficient capacity to receive OTP from Bank Mandiri.
   3. You must provide true, accurate, and up-to-date data, and update Your data if there are any changes, through Bank Mandiri Timor-Leste Branch/Sub-branch Office or other means as stipulated by Bank Mandiri.
   4. Bank Mandiri reserves the right to adjust and/or request You to adjust Your data stored by Bank Mandiri.
   5. In the event that Livin’ Timor-Leste application provides biometric features, You can activate biometric login features based on the biometric features on Your smartphone. Biometric features are technologies provided by Your smartphone, thus Bank Mandiri is not responsible including but not limited to:
      • The quality or security of these biometric features; and/or
      • Negligence and/or misuse by You and/or others of the biometric features on Your smartphone.
   6. Account debits and credits are carried out based on Your instructions according to the mechanism specified in the service related to the relevant transaction in Livin’ Timor-Leste application.
   7. You agree to be solely responsible for all losses, claims, and expenses (including the cost of any legal action) that may arise in connection with the execution of your instruction, unless it can be proven to be Bank Mandiri’s fault.

B. Password, Transaction PIN (Personal Identification Number), and OTP

1. 1. In using Livin’ Timor-Leste application, you will create and/or use:
      • Alphanumeric password, which is a secret code to access Livin’ Timor-Leste application.
      • Transaction PIN, a 6 (six) digit number used to authorize financial and/or non-financial transactions.
      • OTP, a numeric code sent through communication media as stipulated by Bank Mandiri such as WhatsApp and/or Your registered email.
   2. Password and transaction PIN can only be changed by You based on Your instructions or those of Bank Mandiri.
   3. Password, transaction PIN, and OTP are confidential codes and You are solely responsible for its use, including any claims that may arise from any party due to the misuse of password, transaction PIN, and OTP, whether intentionally or due to Your negligence in storing, using, or managing Your password, transaction PIN, and OTP, unless it can be proven that it is Bank Mandiri’s error.
   4. You are required to protect access to Your Livin’ Timor-Leste application from unauthorized people by:
      • Not revealing password, transaction PIN, and OTP.
      • Not recording and/or storing password, transaction PIN, and OTP in writing (on paper) or other means of storage.
      • Be careful using password, transaction PIN, and OTP
      • Change password and transaction PIN periodically.
   5. You understand and declare that password, transaction PIN, OTP, and other electronic approvals are forms of authorization granted by You to Bank Mandiri for transaction execution, including but not limited to debiting Your account, thus having legal force binding for proving Your instructions in Livin’ Timor-Leste application, including but not limited to debiting Your account for the execution of instructed transactions or for payment of transaction fees that have been and/or will be determined later by Bank Mandiri.
   6. If Your cell phone and/or SIM card are lost/stolen/duplicated/transferred by or to another party, You are required to notify Bank Mandiri in writing via a Bank Mandiri Timor-Leste Branch/Sub-branch Office or telephone to +670-74140000. Prior to receiving notice by the authorized Bank Mandiri officials, all orders, transactions, and communications by the unauthorized parties based on the password, transaction PIN, and OTP, will be Your responsibility.

C. Limit and Fees

1. 1. In accordance with regulatory provisions and/or Bank Mandiri’s regulations, for each transaction or activity You perform in Livin’ Timor-Leste application, Bank Mandiri reserves the right to:
      • Determine minimum and maximum limits; and/or
      • Impose fees including activation fees, transaction fees, or fines/penalties.
   2. Bank Mandiri reserves the right to change transaction limits and/or fees at any time. Information about these limits and/or fees can be accessed through Livin’ Timor-Leste application and/or other means as stipulated by Bank Mandiri.
   3. You understand that in the event of transactions provided by third parties cooperating with Bank Mandiri, such third parties may impose additional fees in addition to those set by Bank Mandiri.
   4. Transactions conducted in USD to IDR will be converted according to the exchange rate determined by Bank Mandiri and/or the third party cooperating with Bank Mandiri. Exchange rates may change at any time in accordance with the applicable regulations of Bank Mandiri and/or the relevant third party.

D. Request, Instruction, and Documentation

1. 1. All requests or instruction in Your Livin’ Timor-Leste application can only be executed if you have accessed Livin’ Timor-Leste application using a verified device and entering your password and/or transaction PIN in accordance with the provisions of 2FA (Two Factor Authentication) according to the ISO 27001 standard and the applicable regulations, unless otherwise stipulated and agreed by you for a particular feature or process.
   2. All requests or instructions in your Livin’ Timor-Leste application legally binds You and are undeniable (non-repudiation) and irrevocable. Therefore, you must ensure the accuracy, completeness, and correctness of your requests or instructions. Bank Mandiri is not obligated to verify and/or investigate the authenticity, validity, and/or authorization of smartphone usage and authentication methods.
   3. You are fully responsible for all your choices regarding the use of features in Livin’ Timor-Leste application whether provided by Bank Mandiri or third parties in collaboration with Bank Mandiri, including but not limited to, the inherent risks in these features.
   4. Bank Mandiri is entitled to reject Your request and/or instruction in Livin’ Timor-Leste application for the following reasons:
      • Not in accordance with the applicable laws and regulations.
      • Unavailability or insufficiency of your source of funds for transaction execution.
      • Bank Mandiri is aware of or has reasons to suspect that fraud or a crime has been or will be committed.
      • Failure to meet the Bank Mandiri’s requirements to process Your request or instruction, including the conditions where Your transaction does not meet the minimum or maximum limit.
      • There is a system error at Bank Mandiri and/or a third party that cooperates with Bank Mandiri;
      • Force majeure; and/or
      • Based on other reasons and considerations solely determined by Bank Mandiri for protecting Your or Bank Mandiri’s interests.

            If required by applicable laws and regulations, Bank Mandiri will inform You the reasons for such rejection.

5. All your request or instruction through Livin’ Timor-Leste application that Bank Mandiri received and/or executed by Bank Mandiri will be digitally documented in Bank Mandiri’s data center.
6. If there is a discrepancy between the data or information you receive and the data recorded in Bank Mandiri’s data center, the applicable or valid data or information will be the data or information recorded in the Bank Mandiri data center, unless proven otherwise by a court verdict.
7. Transaction receipt issued by Bank Mandiri is a valid and conclusive evidence on your instructions executed by Livin’ Timor-Leste application. You agree not to dispute the validity, accuracy, or authenticity of the transaction receipt which is transmitted electronically between the two parties, including but not limited to email, WhatsApp, system records, tape/cartridges, computer printouts, copies or other forms of information or other data storage contained in Livin’ Timor-Leste application unless it can be proven otherwise under a court verdict.
8. By making a transaction through Livin’ Timor-Leste application, You acknowledge that communication and instruction received by Bank Mandiri from You, will be treated as a conclusive evidence, regardless no written documents are made nor signed documents issued.
9. Bank Mandiri implements principles and mechanisms to protect your financial assets in accordance with the applicable laws and regulations, including but not limited to providing transaction history information and/or monitoring to prevent abuse, among others:
   • Fraud, asset misappropriation, information leakage, and banking crime (fraud);
   • Not in accordance with applicable norms (misconduct); or
   • Other misuse.

E. Intellectual Property

1. 1. Unless otherwise defined in Livin’ Timor-Leste application, patent, copyrights, trade secret, trademark, graphic, image, logo and all other intellectual property rights in Livin’ Timor-Leste application and its contents; including improvements, development, idea, concept, skills, or techniques sent through Livin’ Timor-Leste application (collectively, “Intellectual Property“) shall be the properties of Bank Mandiri.
   2. The Content of Livin’ Timor-Leste application shall not be used, downloaded, reproduced, distributed, published, modified, displayed, broadcast, hyperlinked, and/or transmitted in any way or by any means, or stored in an information retrieval system without prior written approval from Bank Mandiri. Further, you may not, without prior written approval from Bank Mandiri, insert a hyperlink to Livin’ Timor-Leste application or any part thereof on another website or ‘indicate’ any materials contained in Livin’ Timor-Leste application on another server or website.
   3. Intellectual Property owned by Bank Mandiri is protected under the applicable laws and regulations, therefore any violation of Bank Mandiri’s Intellectual Property will be processed in accordance with the applicable laws and regulations.

F. Collection and Management of Personal Information

                    Each personal information collected through Livin’ Timor-Leste application will be used and managed in accordance with Bank Mandiri Privacy Policy.

G. Availability

1. Livin’ Timor-Leste application is subject to the laws of Timor-Leste and Republic of Indonesia and therefore it can only be used within the jurisdiction of Timor-Leste and/or the jurisdiction of other regions to the extent allowed by the laws and regulations applicable in the relevant region.
2. Bank Mandiri reserves the right to determine the availability of different features for each Customer in accordance with Bank Mandiri’s policy and/or Customer risk profile.
3. Bank Mandiri reserves the right to:
   • Determine the feature’s operational time or availability within Livin Timor-Leste application.
   • Determine the automatic log out time limit (idle time) of Livin’ Timor-Leste application.
   • Make modifications to Livin’ Timor-Leste application including but not limited to features, transaction methods, a list of financial institutions, and service providers.
4. Bank Mandiri is entitled to stop Livin’ Timor-Leste application temporarily or for a certain period of time determined by Bank Mandiri for renewal, maintenance, or other purposes due to any reasons as deemed fit by Bank Mandiri, and therefore, Bank Mandiri is not responsible for such matters to anyone, whosoever.

H. Restriction and Termination

Bank Mandiri reserves the right to block and/or terminate your access to Livin’ Timor-Leste application, partially or entirely, temporarily or permanently, with or without prior notice to you, if:

1. There is a written request that You submit to Bank Mandiri.
2. You enter the wrong password, transaction PIN, or other personal identification media 3 (three) consecutive times, or at another frequency according to Bank Mandiri’s policy. In this case, your Livin’ Timor-Leste application account or transaction PIN will be automatically blocked.
3. Your Livin’ Timor-Leste application account is categorized as suspicious, dangerous, or associated with criminal activities or civil disputes.
4. You violate any part or all of this Livin’ Timor-Leste Terms and Conditions or if your profile does not align with the characteristics of Livin’ Timor-Leste application product.
5. You don’t upgrade the latest version of Livin’ Timor-Leste application or if your smartphone is incompatible according to Bank Mandiri’s regulations.
6. Based on Bank Mandiri’s considerations, policies, and/or risk analysis, including but not limited to protecting your and/or Bank Mandiri’s interests.
7. Bank Mandiri abides by a mandatory requirement in accordance with the applicable laws and regulations.

I. Representation

1. 1. You hereby declare that you have the authority to take legal action to agree to this Livin’ Timor-Leste Terms and Conditions including other agreements with Bank Mandiri under applicable law.
   2. By using Livin’ Timor-Leste application, you represent that:
      • You have read, understood, and agreed to this Livin’ Timor-Leste Terms and Conditions including your rights and obligations as well as the benefits and risks of using Livin’ Timor-Leste application.
      • You have been given sufficient time by Bank Mandiri to read, understand, and agree to this Livin’ Timor-Leste Terms and Conditions.
      • Your instruction by clicking the “Agree”, “Continue”, or its equivalent button, constitutes as an electronic signature with legal binding effect on you.
      • Transactions conducted in, from, or to foreign countries are also subject to the laws that apply in the relevant country and may vary from one country to another.
   3. You represent and agree to be fully responsible for:
      • Security of Livin’ Timor-Leste application access including the use of email, password, transaction PIN, OTP, and all messages sent through Livin’ Timor-Leste application or other means in accordance with Bank Mandiri regulations.
      • Every transaction through Livin’ Timor-Leste application, including but not limited to menu selection errors, instruction errors, balance reductions, and/or any fees incurred for transactions.
      • All your choices regarding the use of features in Livin’ Timor-Leste application whether provided by Bank Mandiri or third parties including but not limited to the risks inherent in this features.
   4. You understand and agree that for any rejection, delay, or cancellation of financial transactions from Bank Mandiri or third parties in cooperation with Bank Mandiri, you are fully responsible for all losses (if any) in connection with the non-performance of the transaction, including but not limited to any reversal or refund to Your account.
   5. You understand and agree that all information or transaction guidelines available or provided through Livin’ Timor-Leste application are an integral part of Livin’ Timor-Leste Terms and Conditions and therefore legally binds You.

J. Indemnification

1. 1. Unless as may be proven pursuant to prevailing laws and regulations, to have been caused solely by Bank Mandiri’s intent and/or negligence, therefore You are fully responsible for any damages, losses or expenses including without limitation, direct or indirect, special or consequential damages, or economic losses arising out of or in connection with:
      • Your access to or use of Livin’ Timor-Leste application, or your inability to access or use Livin’ Timor-Leste application.
      • Inability to receive and/or no follow-up action taken on communications related to Livin’ Timor-Leste application.
      • Misuse of information or security codes related to Livin’ Timor-Leste application including but not limited to password, transaction PIN, and/or OTP.
      • Each instruction or transaction executed through the Livin’ Timor-Leste application.
      • All losses or misuse or unauthorized disclosure of information, which is not due to negligence/or violation committed by Bank Mandiri; or
   2. Bank Mandiri shall not be responsible for any damages, losses, or expenses including without limitation, direct or indirect, special or consequential damages, or economic losses arising out of or in connection with system, server or connection failure; error, omission, interruption, interception, delay in operation or transmission; malware, virus, remote access, spyware, worm, time bomb, trojan horse; cyberattack; phishing; or other similar malicious components occur in Bank Mandiri or any third parties, unless it is caused by Bank Mandiri’s fault.
   3. Livin’ Timor-Leste application is developed and/or operated in accordance with applicable laws and regulations. Bank Mandiri does not provide any guarantees in Livin’ Timor-Leste application, including but not limited to quality assurance satisfaction, suitability for a specific purpose, accuracy, reliability, and free from malware and phishing emails provided in connection with Livin’ Timor-Leste applications, or their contents, including the other third party links, whatsoever.
   4. Livin’ Timor-Leste application contents are provided as general information and is not intended as an advice for decision-making.
   5. In the use of certain features, Bank Mandiri may display information from third parties cooperating with Bank Mandiri. The accuracy of information related to products and/or services offered and/or sold by such third parties is the sole responsibility of such third parties.
   6. You understand that there are potential risks, consequences, and/or losses related to errors and/or omissions of any third party including delays or failures of any third party in delivering services to you. In the event of a dispute between you and any third party, it shall be your responsibility to settle with the relevant party. In matters concerning financial transactions, Bank Mandiri reserves the right to withhold payment until such dispute has been resolved in accordance with applicable regulations.
   7. Livin’ Timor-Leste application is operated using internet and/or telecommunications services provided by third party. Bank Mandiri does not provide any guarantees for the stability of the telecommunications network, therefore, You understand that there’s a possibility for transmission or connection interruption, error, or failure to occur. Bank Mandiri shall not responsible for any consequences unless it is caused by Bank Mandiri’s fault.
   8. In the implementation of this Livin’ Timor-Leste application, Bank Mandiri implements security measures as required by the applicable laws and regulations, therefore you are personally responsible for the security of access and use of your email, WhatsApp, and all other messages sent via the internet, Levin’ Timor-Leste application, or your mobile phone. To the extent allowed by the applicable laws and regulations, You are responsible for any damage or loss or potential loss either directly or indirectly caused or suffered by you in connection with or arising out of email, WhatsApp, and any other messages sent (whether to Bank Mandiri or by Bank Mandiri) via the internet, Livin’ Timor-Leste application, or your mobile phone unless due to bad faith, willful misconduct, or gross negligence committed by Bank Mandiri.

K. Governing Laws and regulations, Jurisdiction, and Language

1. By accessing Livin’ Timor-Leste application, you agree that Livin’ Timor-Leste application and this Livin’ Timor-Leste Terms and Conditions is be governed by and construed in accordance with the laws and regulations of Timor-Leste and the Republic of Indonesia.
2. Any disputes or disputes arising and/or relating to the implementation of this Livin’ Timor-Leste Terms and Conditions will be resolved by deliberation.
3. Disputes that cannot be resolved through deliberation, will be resolved using a dispute resolution institution in accordance with the applicable in Timor-Leste. If permitted by the applicable provisions, the resolution may be conducted in accordance with the provisions of the Republic of Indonesia.

L. Severability

If any provision of this Livin’ Timor-Leste Terms and Conditions is found to be void, invalid, illegal or unenforceable, the other provisions of this Livin’ Timor-Leste Terms and Conditions will not be affected.

If an issue arises when using a feature, it will not automatically prevent the use of Livin’ Timor-Leste application as a whole, unless it is proven that the issue resulted in a breach of this Livin’ Timor-Leste Terms and Conditions.

M. Compliance with Regulations

This Livin’ Timor-Leste Terms and Condition has been adjusted and is subject to the prevailing laws and Regulations, including the Regulations of the Indonesia Financial Services Authority and Central Bank of Timor-Leste. You agree that you have read and understood this Livin’ Timor Leste Terms and Conditions, including your rights and obligations including but not limited to the benefits and risks of Livin’ Timor-Leste application.

N. Force Majeure

Bank Mandiri will, by no means, be responsible if Bank Mandiri is unable to execute Your instruction, either partially or fully,  due to events or causes beyond the control or ability of Bank Mandiri including but not limited to natural disasters, wars, riots, condition of equipment, malfunction of systems or transmissions, electricity disturbances, telecommunication disturbances, and/or government policies.

O. Documentation and Information/Promotion

1. 1. The benefits, fees, risks, and Livin’ Timor-Leste Terms and Conditions may be modified, deleted, or replaced from time to time at Bank Mandiri’s discretion. Any changes will be informed to you, among others, by the following procedures:
      • Request for your consent. In this case, the changes will become effective upon your consent; or
      • Bank Mandiri’s information within 30 (thirty) business days, or in accordance with the period as stipulated by regulation, before the change becomes effective. In this case, if you do not file an objection within that period, then you are deemed to have agreed to the changes and you have the right to stop using Livin’ Timor-Leste application if you do not agree with the changes.
   2. Specifically for information regulated as bank secrecy, as stipulated in the banking laws and regulations, only Bank Mandiri may conveys them to you, therefore you are fully responsible for any claims that may arise from any party as a result of misuse and leakage of such information, unless it can be proven that it is the fault of Bank Mandiri.
   3. You understand and agree that in connection with the use of certain features, Bank Mandiri may disclose your data to third parties cooperating with Bank Mandiri, including but not limited to authorized institution, for the purposes of offering products and/or services of Bank Mandiri and/or third parties cooperating with Bank Mandiri through the Livin’ Timor-Leste application.
   4. Should you have any inquiries, you may contact Bank Mandiri through Mandiri Call and/or WhatsApp +670-74140000, the nearest Bank Mandiri Timor-Leste Branch/Sub-branch Office, email to dili@bankmandiri.co.id, or other channels provided by Bank Mandiri.
   5. Your inquiries shall be handled in accordance with the prevailing regulations at Bank Mandiri.