General
- PT WHALES DIGITAL INDONESIA (hereinafter referred to as “WHALESGM”) is a limited liability company whose type of business is engaged in web portal services. WHALESGM in this case provides an electronic commerce platform (e-commerce) where Users can conduct transactions for buying and selling goods especially for digital products in the form of game vouchers and using various features and services available. Any party within the territory of the Indonesia can access the WHALESGM Platform to use features/services. As a business supporter and provider of electronic trading platforms, WHALESGM ensures security and comfort for users.
- This Terms of Use stipulates the use of all services available on the WHALESGM Platform which apply to all Users and to any Party that submits requests or information to WHALESGM. By using the WHALESGM Platform, the User is deemed to have read, understood, and agreed to all the contents in the Terms of Use.
- THIS TERMS OF USE IS A FORM OF AGREEMENT THAT IS A BINDING AGREEMENT BETWEEN THE USER AND WHALESGM. USER ACKNOWLEDGE AND VOLUNTARY AGREE TO THESE TERMS OF USE TO USE THE SERVICES ON THE WHALESGM PLATFORM.
Definition
- In these Terms of Use, unless otherwise specified, the following terms have the following meanings:
- Affiliate is a relationship between a company and a party that directly or indirectly controls, is controlled, or is under one control of the company.
- Terms of Use is an agreement between Users and WHALESGM which contains a set of rules governing the rights, obligations, responsibilities of Users and WHALESGM, as well as procedures for using the WHALESGM service system.
- WHALESGM Payment System is a payment system facilitated by other Partner who cooperating with WHALESGM for Users for sale and purchase transactions on the WHALESGM Platform.
- Features are functions, special characteristics, facilities offered or provided by WHALESGM.
- Content is any and all material on the Platform, including but not limited to writing, data, articles, designs, source code, software, photos, images and other information.
- Services are collectively: (i) WHALESGM Platform; (ii) any content, features, services, and functions available on or through the Platform by or on behalf of WHALESGM, including Partner Services; and email notifications, buttons, widgets, and advertisements including WHALESGM collaboration with third parties for application development and the development of WHALESGM business activities.
- User is a party (registered/unregistered) who access the WHALESGM Platform, Buyers, offline users, clients who are obliged to comply with the Terms of Use of WHALESGM and other provisions including but not limited to the terms and conditions of each Product/Service/Feature.
- Product Provider or Partner or Provider is a company or third party that cooperates with WHALESGM to provide, sell and/or offer game vouchers, payment services, network providers or others to users through the WHALESGM Platform and must comply with the WHALESGM Terms of Use and its other provisions.
- Platform is the official website https://whalesgm.com/ or other official sites that can be accessed through the User's computer and/or mobile device including the Affiliate platform, a Partner who has in collaboration with WHALESGM.
- Terms and Conditions are the WHALESGM Terms of Use and the terms and conditions of each Product/Service/Feature and other provisions governing the legal relationship between User and WHALESGM, Product Provider and/or Partner.
- Product is product that can be transacted by User through the Platform in the form of digital products, namely game vouchers and others.
Services
- WHALESGM manages and provides a Platform for Users to make direct top-up purchases or vouchers sold by WHALESGM. By having purchased a top-up or voucher in accordance with the WHALESGM Terms of Use, a Buyer is responsible for the direct top-up or voucher which he or she has purchased.
- WHALESGM provides and operates a virtual product sales system or facility where the products sold are in the form of direct top-ups or vouchers that can be used by Buyer.
- WHALESGM will not be responsible if the User suffers a loss in the User's business as a Buyer such as negligence or error in inputting orders or quantities or other data.
- WHALESGM does not accept cancellation and/or refund requests after the order is entered into the WHALESGM system. WHALESGM can provide a refund if the order cannot be completed in accordance with applicable regulations.
- WHALESGM is responsible for ensuring that the Products purchased by the User are available and in accordance with the descriptions listed on the Platform.
- Further provisions regarding WHALESGM Product can be found in the terms and conditions of each Product. By purchasing a WHALESGM Product, the User is deemed to have read, understood, understood and agreed to the entire contents of the Terms and Conditions.
Payment System
- WHALESGM cooperates with official Payment System Service Providers (Banks and Non-Banks) supervised by Bank Indonesia and the Financial Services Authority to provide a payment system to facilitate and secure every transaction that takes place on the WHALESGM Platform for User.
- Payment methods provided through the WHALESGM Platform include:
- Transfer Bank
- Virtual Account
- In-store Payment
- Internet Banking
- Direct Debit
- Electronic Money
- Credit Card
Platform Use and Prohibitions
- Mandatory requirements for User to access services on the WHALESGM Platform, including:
- User must be at least 18 years old (unless otherwise stipulated by the prevailing laws and regulations in Indonesia). User who is not yet 18 years old is required to obtain approval from his/her parents or guardians to use and/or access services on the WHALESGM Platform and is responsible for all costs incurred related to the use of services on the WHALESGM Platform.
- User is required to read, understand and follow all the provisions stipulated in this Terms of Use.
- User must be responsible for all risks that arise in the future for the information they provide to WHALESGM.
- User must respect the rights of other User by not providing personal information to other parties without the permission of the party concerned.
- User is prohibited from manipulating the prices of goods listed on the WHALESGM Platform for any purpose including but not limited to defraud the Buyer.
- User is prohibited from using the Service with the aim of violating the Terms of Use and applicable laws and regulations in Indonesia and other countries.
- WHALESGM provides User with access to and use of this Platform to the extent expressly permitted by the Terms of Use. With respect to the limited license, WHALESGM expressly declares that it does not grant any rights or licenses in connection with the use of the Service; rights or licenses that are not expressly granted, are wholly owned by WHALESGM or other third parties who own such licenses. The content on the Platform, as well as the software, infrastructure used to provide the Content, is wholly owned by WHALESGM or its suppliers and providers.
- For the safety and convenience of users, every transaction on the Platform is required to use the payment method provided by WHALESGM.
- User is deemed to have known all applicable laws and regulations in the territory of the Indonesia in every transaction at WHALESGM and will not take any action that violates the laws and regulations of the Indonesia
- In the event that the User reports and/or complains about the services on the Platform and/or the Term of Use, then each such report and/or complaint must be submitted in good faith and with the aim of solving the problem.
- During using and/or accessing the Platform, User is strictly prohibited from posting, uploading, publishing, transmitting, using and/or sending words, comments, or any Content that: (i) violates, abuses, or violates patents, rights third party copyright, trademark, trade secret, moral or intellectual property rights, or third party publicity or privacy rights; (ii) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) contains elements of Ethnicity, Religion, Race, and Inter-Group, slanderous, obscene, pornographic, vulgar, or offensive; (v) defame, promote discrimination, bigotry, racism, demeaning, stigmatizing, hate, harassment or crimes against any individual or group; (vi) politically charged or (vii) promote illegal or harmful activities or substances or (viii) promote violence or acts that threaten others, disturb public order, disturb the public, abusive words or other things that can be considered inappropriate with social values and norms and contrary to those stipulated by the ministry or institution or applicable laws and regulations.
- User is prohibited from using, displaying, associating, or mirroring the Services or any elements within the Services (including the layout and design of any page or form found on the Services page), WHALESGM name, WHALESGM Trademark, or any other proprietary information of WHALESGM, without written consent from WHALESGM.
- User is prohibited from accessing, tampering with, or using non-public areas of the Service, the computer systems or technical delivery systems of the WHALESGM provider.
- User is prohibited from attempting to investigate, scan or test for vulnerabilities in WHALESGM systems or networks or to violate any security or authentication measures.
- User is prohibited from circumventing, bypassing, deleting, disabling, tampering with, or circumventing any technological measures implemented by WHALESGM or WHALESGM provider or other third parties (including other users) to protect the Services or Content.
- User is prohibited from attempting to access, search, monitor, copy or download Content from the Service, through the use of any machines, software, tools, agents, devices or mechanisms (including spiders, robots, crawlers, data mining tools, or the like ) in addition to software and/or search agents provided by WHALESGM or other generally available third party web browsers.
- User is prohibited from distributing viruses or other technologies that may harm WHALESGM, the interests and/or property of WHALESGM, as well as Government agencies.
- User guarantees that he or she will not take any action that may affect/degrade/interfere with the services, software, hardware, systems, networks used by other User to access the Platform.
- User is prohibited from using the Service to send advertisements, promotional materials, email, junk mail, spam, chain letters, or other forms of solicitation that are unsolicited or unauthorized.
- User is prohibited from using meta tags or other hidden text or metadata using the WHALESGM Trademark, WHALESGM logo URL, or WHALESGM product name without the written consent from WHALESGM.
- User is prohibited from falsifying any part of the Transmission Control Protocol (TCP)/Internet Protocol (IP) or header information in emails or newsgroup posts, or in any way using the Service to send altered, deceptive or fraudulent source-identifying information.
- User is prohibited from attempting to decompile, decompile, disassemble or reverse engineer any software used to provide the Services.
- User is prohibited from interfering with, or attempting to interfere with, access of any user, host or network, including by sending viruses, overloading, flooding, spamming.
- User guarantees that he or she will not take any action that can interfere with and/or have a negative impact on WHALESGM, the internet network, infrastructure, WHALESGM Product or Services or cause a detrimental effect on the continuity of WHALESGM business activities.
- User is prohibited from using the Services for any commercial purposes for the benefit of any third party or in any way that is not permitted by this Terms of Use.
- User must respect the rights of Users or other third parties and are prohibited from collecting or storing any personal information from the Services without the permission of the parties concerned.
- User is prohibited from using the Services to disguise/fake themselves as someone/other parties against the law to mislead and/or deceive others intentionally or unintentionally.
- User is prohibited from doing anything else that WHALESGM considers, in our sole discretion, to abuse or have a negative impact on the Services.
- User is prohibited from encouraging or enabling any individual to do any of the above.
- WHALESGM fully reserves the right to investigate and prosecute violations of any of the above to the extent applicable law.
- WHALESGM may engage and cooperate with law enforcement authorities in prosecuting Users who violate this Terms of Use. User acknowledges that WHALESGM has no obligation to monitor User's access to or use of the Services or Content or to review or edit User’s Content, but that WHALESGM reserves the right to do so for the purpose of operating the Services, to ensure User complies with this Terms of Use, or to comply with applicable laws or orders, or requirements of a court, administrative agency, or other government agency. WHALESGM reserves the right, at any time and without prior notice, to remove or disable access to the Services, including User’s Content, in which WHALESGM, in its sole discretion, deems inappropriate, violates these Terms of Use, violates applicable regulations, or is harmful to the Services.
- User will always cooperate with WHALESGM to investigate and determine whether there has been a violation of the Terms of Use or applicable regulations by granting WHALESGM (along with appointed parties and/or independent auditors) access rights to the personal data and/or devices used by User to open/access the Platform. In this case, User gives an authorization to WHALESGM to cooperate with the authorities (including but not limited to the police, government agencies, telecommunications service providers, internet network service providers, data center service providers, etc.) without prior approval from User.
- If in the future a violation is found regarding the Terms of Use or applicable regulations by the User, WHALESGM has the right to take any action that WHALESGM deems necessary in order to maintain the safety and comfort of other Users and the Services.
- Beware of fraud, information, sweepstakes, or promotions in the name of WHALESGM. Official information related to WHALESGM can be monitored through the Platform or official Gaming contacts informed in this Terms of Use.
Transaction
- User is required to transact through transaction procedures that have been determined by WHALESGM. Buyer makes payments using the payment method previously selected by the User in the WHALESGM System. In making payments, the User does not disclose his data/information to any party.
- When making a purchase in the WHALESGM System, the User agrees that:
- User is responsible for reading, understanding, understanding and agreeing to information and descriptions of the entire product (including but not limited to quantity, value, use, function and so on), before committing to purchase the product.
- User enters into legally binding agreements for direct top-up purchases or payments or vouchers when User make direct top-up transactions or purchase vouchers.
- User understands and agrees to the availability of goods which are the responsibility of the Partner. If the product stock is empty, the Partner will reject the order, and the purchase payment will be returned to the User.
- User understands and agrees that all transactions made outside the system or official gaming transactions and/or without the knowledge of WHALESGM (via private networks, sending messages, purchases outside of WHALESGM, and/or purchases outside of the bill that are billed by WHALESGM) are User’s personal responsibility and is not the responsibility of WHALESGM.
- User understands and agrees not to submit/notify evidence of transactions made at WHALESGM to parties other than WHALESGM through official communication channels. In that case, if there is a loss caused by the delivery or notification of proof of transaction to the other party, then it is the responsibility of each Buyer.
- User understands and agrees that all claims submitted after confirmation/automatic confirmation of receipt of goods are not the responsibility of WHALESGM. Losses arising after confirmation/automatic confirmation of Product receipt are the responsibility of each User.
- User understands and agrees that delays in the payment process as well as additional costs caused by the difference between the bank that the User uses and the bank's official WHALESGM Account are the User’s personal responsibility.
- User hereby agrees and agrees that WHALESGM may, at its discretion, charge additional fees for transactions in the WHALESGM System.
- User fully understands and agrees that all transactions made between User and WHALESGM, other than through the Official WHALESGM Account and/or without the knowledge of WHALESGM (through private facilities/networks, special transaction arrangements outside the WHALESGM System or other efforts), are User’s personal responsibility.
- User is required to make transfers in accordance with the total transaction nominal within the time specified in the WHALESGM System. If within the specified time the User does not transfer funds, the transaction will be canceled automatically.
- Every transaction on WHALESGM that uses the transfer method will be charged a service fee in the form of a unique payment code to simplify the verification process. WHALESGM is not responsible for any losses experienced by the User if he or she makes a payment that is not in accordance with the amount of the bill stated on the payment page.
- If there is User who make transactions illegally or fraudulently, WHALESGM has the right to take legal action.
- User is responsible for his or her mistakes or omissions.
- For transactions that have been completed by the User, but it turns out that there is an error in the Product sent or the Product cannot be used properly, then WHALESGM will:
- Make a refund in accordance with the terms of Refund and Disbursement of this Terms of Use; or
- Sending a replacement Product to the User
Refund and Disbursement
- User is required to fill in bank account data for the purpose of returning and disbursing funds at WHALESGM.
- In the event of a refund to the User due to any reason, WHALESGM will refund the transaction in accordance with the User's payment method deducted by the service fee unless otherwise specified by WHALESGM. The costs related to the transfer of the refund to the User's fund account is User’s responsibility.
- WHALESGM at its sole discretion may refund to the User to protect against all risks and losses that arise, if WHALESGM concludes that the User's actions, User is indicated to have committed fraud or abuse in transactions and/or a violation of the WHALESGM Terms of Use. An arising fee from the User's actions is User’s burden and responsibility.
- Funds will be transferred to User's account within 8x24 hours.
- Disbursement of funds can only be done once a day.
- The minimum amount for disbursement of funds is IDR 25,000.
- Disbursement of funds other than to BCA, BRI, Mandiri, BNI, and BNI Syariah bank accounts will be subject to an administration fee of Rp 6,500.
- WHALESGM has the right to conduct inspections, freezes, delays, and/or cancellations of funds disbursement transactions carried out by User if there are violations of the terms and conditions of WHALESGM, fraud, manipulation, fraud and/or crime.
- Checks, freezes, delays, and/or cancellations of User's fund disbursement transactions is carried out by WHALESGM, and it can be carried out within as long as necessary.
User’s Content and Suggestion
- User can post, upload, publish and submit Content. By providing Content through the Services or Platform, User hereby grants to WHALESGM and its users a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license with the right to sublicense, use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit and otherwise exploit such Content.
- WHALESGM does not claim any ownership rights in such Content and nothing in this Terms of Use shall be deemed to limit any rights that User may have to use and exploit such User’s Content. User acknowledges and agrees that User is fully responsible for all Content that User makes available through the Services. Accordingly, User represents and warrants that: (i) User is the sole and exclusive owner of all Content that User makes available through the Services or User has all rights, licenses, approvals and releases necessary to grant rights in such User’s Content, as intended in this Terms of Use; and (ii) neither User’s Content nor User posting, uploading, publishing, submitting, or transmitting User’s Content, or any use of WHALESGM or its users of User’s Content (or any part thereof), will infringe, abuse, or infringe any patent, copyright, trademarks, trade secrets, moral rights or intellectual property rights of third parties, or rights of publicity or privacy of third parties, or result in violation of applicable laws or regulations.
- WHALESGM welcomes and encourages User to provide feedback, comments, and suggestions for improvement of the Service (“Suggestion”). User can submit Suggestion by contacting WHALESGM. User acknowledges and agrees that all Suggestion submitted will become the exclusive property of WHALESGM and User hereby irrevocably transfers to WHALESGM, and agrees to grant to WHALESGM, all rights, title, and interest in and to all Suggestion, including but not limited to not limited to all worldwide patents, copyrights, trade secret rights, and other proprietary or intellectual property rights therein. Therefore, WHALESGM hereby grants all authority to WHALESGM to take further action that may be obtained, perfected, and defended the intellectual property rights of WHALESGM and other legal protections related to User's Suggestion without prior approval from User.
Promotion
- WHALESGM may hold promotions at any time with terms and conditions determined by WHALESGM. The terms and conditions made may be different for each promotional activity. User is required to read and carefully understand the terms and conditions of each such promotional activity from time to time.
- WHALESGM has the right to cancel transactions related to promotions at any time without prior notice for the convenience of other User and security.
- WHALESGM reserves the right to change the terms and conditions of any promotional activities held by WHALESGM from time to time without any prior notification to the User.
Applicable Law and Dispute Resolution
- This Terms of Use will be governed by and construed in accordance with the laws of the Indonesia, without regard to its conflict of laws rules. User agrees that any legal action or dispute that may arise from, relate to, or be in any way related to the Service, Platform and/or these Terms of Use will be resolved exclusively through BANI (Indonesian National Arbitration Board) which was established on November 30, 1977 based on the Decree of the Indonesian Chamber of Commerce No. SKEP/152/DPH/1977, which the BANI regulations are deemed to be included in this provision.
Indemnity
- User agrees to release WHALESGM from claims for compensation and to keep WHALESGM (including affiliated companies, directors, commissioners, officers, and all employees and agents) from all claims or demands, liabilities, losses, and reasonable legal fees, made by User and / or third parties arising from User errors including but not limited to violations of this Terms of Use, improper use of WHALESGM Services on the WHALESGM Platform, violations of third party rights, violations of the WHALESGM Terms and Conditions and / or violations of the User's laws and regulations applicable in the Indonesia.
Termination/Change of Services and Third Party’s Services
- WHALESGM (including affiliated companies, directors, commissioners, officers, and all employees and agents) is not responsible, and the User agrees not to hold WHALESGM to be responsible for any damage or loss (including but not limited to loss of money, reputation, profits), or other intangible losses) resulting directly or indirectly from the use of third party’s services that the User accesses through the WHALESGM Platform. User is advised to read carefully the terms and conditions provided by these third parties.
- WHALESGM may disable the User or suspend the User at any time for any reason, especially the abuse of the system or other matters that violate the Terms of Use provided by WHALESGM.
- WHALESGM has the authority without the need to give a notification to the User, to postpone, stop, or cancel the User's transaction through online transaction facilities if it is known or deemed by WHALESGM that the User's transaction will be used for things that are not appropriate.
- WHALESGM has the right from time to time to change/discontinue/suspend the Services and/or third-party services without the User's consent/notification.
- Services may contain links to third party websites or resources. User acknowledges and agrees that WHALESGM is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the text, products, or services on or available on such websites or resources. The content of links to such websites or resources does not imply any endorsement by WHALESGM of those websites or resources or of the text, products or services available on those websites or resources. The user is responsible for and assumes all risks arising from the use of such websites or resources.
Disclaimer of Warranty and Limitation of Liability
- WHALESGM will continue to strive to maintain the quality of WHALESGM Services to remain safe, comfortable, and functioning properly. However, WHALESGM cannot guarantee continuous operation or access to the WHALESGM System can always be perfect. Information and data in the WHALESGM System may not occur in real time.
- Services may contain technical or other errors, inaccuracies, or typographical errors. WHALESGM may make changes to the Services on the Platform, including prices and descriptions of the Product listed on the Platform, at any time without prior notice.
- The use of the Services or the downloading or acquisition of any other Content through this Platform is at the User's own will and risk and with an agreement that the User will be fully responsible for any damage to your computer system or any loss of data that occurs as a result of such activity.
- User understands and agrees to the proportional limitation of WHALESGM responsibility as a provider of Product, therefore, it is only limited to the value of the goods or products that are transacted.
- If the User has a dispute with one or more other User, the User releases WHALESGM (including the parent company, the board of commissioners, the board of directors, and/or employees) from claims and demands for damages and losses (actual and implied) of any kind and nature, known and unknown, arising out of or in any way connected with the dispute. Thus, the User intentionally waives all legal protections (contained in the law or other legal regulations) which will limit the scope of this release provision.
- User agrees and is aware that the User utilizes the WHALESGM Service on the User's own risk, and that the WHALESGM Service is provided or the Product offered by WHALESGM to the User is appropriate and as available.
- To the extent permitted by applicable law, WHALESGM (including affiliated companies, directors, commissioners, officers, and all employees and agents) is not responsible, and User agrees not to hold WHALESGM to be responsible for any damage or loss (including but not limited to) loss of money, reputation, profits, or other intangible losses) resulting directly or indirectly from:
- User's use or inability to use the WHALESGM Platform;
- Prices, Shipping or other instructions available within the WHALESGM Platform;
- Delays or interruptions in the WHALESGM Services;
- Negligence and losses incurred by each User;
- Information written by WHALESGM User, both Product Providers, User and third parties;
- Infringement of Intellectual Property Rights (copyrights, trademarks, industrial designs, circuit layout designs, and/or patents) or other personal rights attached to a Product;
- Violation of the prevailing laws and regulations in the Indonesia;
- Disputes between Users and Product Providers or between Users;
- Defamation of other parties;
- Misuse of Products that the User has purchased;
- Extra fees (including taxes and other fees) for all transactions that occur on WHALESGM are User’s responsibility and they are beyond the authority of WHALESGM;
- (If) the User's account is frozen and/or deactivated;
- Misuse of contact numbers and/or email addresses belonging to User or other parties;
- WHALESGM Account in any way on behalf of WHALESGM or negligence in writing accounts and/or other information and/or negligence on the part of the bank;
- Viruses or other malicious software (bots, scripts, other automation tools) obtained by accessing, or connecting to, WHALESGM Services;
- Any glitches, bugs, errors or inaccuracies in the WHALESGM Services;
- Damage to the User's hardware from the use of any Services on the WHALESGM Platform;
- Content, actions, or inaction of third parties, including those related to products on the WHALESGM Platform;
- Failure and/or disruption in the application of new technology and/or systems on the device facilities and/or internet network that the User owns and/or experiences;
- WHALESGM network disruption resulting in server downtime and requiring emergency maintenance and/or maintenance of the WHALESGM Platform;
- Unavailability of services on the WHALESGM Platform at any time or for an indeterminate period of time due to events beyond the control of WHALESGM;
- The existence of monitoring and controlling activities on the content/content of the WHALESGM Platform and/or resources that occur due to hyperlinks in the Product description. WHALESGM is not responsible for any loss and/or damages that may result from such actions.
Amendment and Modifications of Terms of Use
- WHALESGM Terms of Use will change from time to time without prior notice. User should read carefully and check the Terms of Use page from time to time for any changes. In the event that User does not agree to the changes in the Terms of Use and/or the Terms and Conditions, User has the right to discontinue the use of the WHALESGM Platform. By continuing to access and/or use the WHALESGM Platform and Services, User is deemed to agree to any changes to the WHALESGM Terms of Use.
Our Contact
- If the User has chosen to use the Platform Services, use and any disputes are subject to the Terms of Use. Users can contact WHALESGM regarding this Terms of Use through the WHALESGM Customer Service through the following channels:
Email : care@whalesgm.com
WhatsApp: +6281388000020
Latest Update: 1 April 2023