These Terms and Conditions apply to all users of one or more or all of the services available on GO-PAY, and to any person who submits a request or information to Us.
- Account Registration
- You need to conduct registration in the GO-JEK application by providing true, correct and up-to-date information about Yourself.
- You need to understand that Your log-in information details are confidential and therefore You will not disclose Your log-in information details to any third party, including the secret password in the form of a One Time Password (OTP) that will be sent via Short Messaging Services (SMS) to Your registered telephone number every time there is a log-in attempt to Your account. We or Our staff will not ask for Your password (unless in Your GO-JEK application page when You log-in to Your GO-PAY Account through the GO-JEK application on Your smartphone). You agree to assume all risks relating to the disclosure of your log-in information to any third party and to be fully responsible for every consequence related thereto.
- You may be requested to submit additional document or information, electronically or directly to Our office, or to meet with Our agent, as instructed by Us, if You wish to use certain services made available to verified GO-PAY users or as necessary.
- We will verify the information and documents You submitted and determine whether You have satisfied all of the requirements for a verified GO-PAY user.
- To avoid misuse of Your GO-PAY Account, We will stop GO-PAY services if the documents or information that We asked for are not completed, not provided and/or are completed or provided but are not accurate.
- Registration of GO-PAY account can only be conducted by You as a legal person. You warrant that the registration of Your GO-PAY account is intended for Your own interests, and not for the interests of any other party, including any legal entity and/or business entity. We are entitled to reject the registration of GO-PAY account that You conducted for the interests of any party other than Yourself, including any legal entity and/or business entity.
- Personal Information
- As a part of the efforts to keep the information in Your GO-PAY account actual, You need to immediately submit to Us any changes to the personal information You have previously submitted together with its supporting evidences.
- The submission of documents or information to Us, including without limitation to documents or information during registration or information and when providing comments to Our services in the review page, constitutes Your agreement on the collection, use and/or disclosure by Us of the personal information You have submitted, in accordance with the prevailing laws and regulations.
- We will not disclose Your personal information to any party, except to government institutions, monetary institutions, payment system service supervisory institutions, other competent authorities / and third parties that directly have interests in the processing of the services (including business players), to the extent permitted under the prevailing laws and regulations.
- You represent and warrant that You are an individual who is legally authorized to be bound by an agreement based on the laws of the Republic of Indonesia, specifically to be bound by these Terms and Conditions, to use GO-PAY and that You are at least 21 years of age or has married and are not under a guardianship.
- If You do not meet those requirements, You represent and warrant that the opening of Your account and other activities that You performed using GO-PAY have been approved by Your parents or guardians.
- You waive every right under the law to cancel or revoke any and all consents that You have given based on these Terms and Conditions when You are considered as an adult under the law.
- Top-up, Withdrawal and Transfer
- The top-up and withdrawal of Your GO-PAY account balance can be conducted through channels that We have provided, including certain banks channel or other third parties as informed by Us. This service may be subject to a certain fee imposed by the relevant third party.
- You understand that top-ups conducted through third party channels may experience system and/or network disruption from time to time, however, We always try to improve the level of services of the third parties who are cooperating with Us.
- If a third party allows a direct debit and/or auto top-up feature from Your source of fund with that third party, You understand that the registration for such feature will have to be conducted directly by You with the relevant third party. Our responsibility will be limited to forwarding the instructions that You have given Us in relation to such direct debit and/or auto top-up activities. Complaints arising in relation to the registration for direct debit and/or auto top-up features and authentication of instruction in the system of the third party are not our responsibilities.
- Withdrawals and transfers of GO-PAY account balance can only be conducted by You for the maximum amount of Your GO-PAY account balance at the time You conduct the withdrawal and transfer, less applicable fees.
- Withdrawals and transfers of GO-PAY account balance can be conducted only if your GO-PAY account has been verified and withdrawals can only be made for cash withdrawals to a saving account at a bank, under Your name. Withdrawals that you conducted to other parties are your full responsibility.
- Your GO-PAY balance will only be used for fulfilling obligations towards You and merchant. Your GO-PAY balance will not be used to fund any activities outside Our obligations towards You and merchant.
- Balance and Transaction Limits
- The amount of Your GO-PAY account balance is limited to: (a) IDR1,000,000.- (one million Rupiah) if Your account is not verified; or (b) IDR10,000,000.- (ten million Rupiah) if Your account is verified; or (c) a lesser amount as determined by Us.
- Your monthly GO-PAY account transactions that are incoming in nature may not exceed IDR20,000,000 (twenty million Rupiah) per calendar month.
- If the balance or monthly transaction of Your GO-PAY account exceeds such limits, We are entitled to conduct a verification before taking any further action, including without limitation to not processing the transaction order that you submitted.
- We need You to fully understand that We are not a bank. Your GO-PAY account balance is not a savings within the definition of the laws that are related to banking, is not subject to the protection program by Lembaga Penjamin Simpanan and is not entitled to any feature that is commonly attached to a bank account (such as interest, etc).
- GO-PAY may be used for services available in the GO-JEK application as well as other services outside the GO-JEK application, as informed by Us.
- Transactions using GO-PAY can be conducted with business players that are third parties who have entered into cooperation agreements with Us and/or Our affiliates.
- The method of use and/or payment may be changed and/or added from time to time, as informed by Us. The changes and/or additions may result in updates for Your GO-JEK application.
- Your GO-PAY account balance will be reduced automatically with the amount entered or confirmed by You for the relevant payment, as long as You have sufficient balance. If Your GO-PAY account balance is not sufficient for the relevant payment, We may reject processing Your payment or if Our service allows partial payments, We will require You to pay the differences using cash or other method as determined by Us.
- Transactions which have been confirmed by You and processed by Us, cannot be cancelled. We have full rights to test and to decide on requests for cancellation on a case by case basis.
- You acknowledge that We are an operator of payment system services. Every complaint and/or claim in relation to goods and/or services provided by third parties must be filed directly to the relevant third parties.
- We need You to understand that the use of Your GO-PAY account and/or GO-PAY services are your personal responsibilities. DO NOT GIVE ACCESS OR ALLOW ANOTHER PERSON TO ACCESS YOUR GO-PAY ACCOUNT. You agree that every transaction order placed through Your GO-PAY account will be deemed as having been authorized by You and therefore is a transaction order from You. We cannot and cannot be asked to be responsible for any losses or claims arising out of Your use of GO-PAY account and/or GO-PAY services that contravene these Terms and Conditions.
- As part of Our efforts to maintain the security of Your GO-PAY account, You need to register 6 digits of numbers as a PIN code for Your GO-PAY account.
- Your PIN code will be required for payment and/or utilization of certain services as determined by Us.
- You must maintain the confidentiality of Your PIN code. Losses arising out of Your failure to maintain the confidentiality of Your PIN code are Your full responsibility.
- Account Blocking
- Upon your request, We will block Your GO-PAY account and the use of GO-PAY services by Your GO-PAY account. Additionally, if in Our view, there are events that are causing losses and/or that may cause losses to Us or to You, We will also conduct such blocking. However, We provide a channel for You to file a complaint in accordance with item 9.3 below.
Account blocking may happen including, without limitation, due to the following events
- Your report that Your cellular phone is missing or has been stolen or hacked;
- Blocking order issued by a government or monetary institution or based on a court order;
- Your GO-PAY account is not used for a minimum period of 6 consecutive months;
- Other reasons that are causing losses to You or to Us, including abusive and fraudulent actions or when our system catches a suspicious pattern of financial transactions.
- If Your GO-PAY account is blocked and You have strong evidence that there are no suspicious activities occurring, You may file Your complaint in accordance with that stated in these Terms and Conditions. After verifying Your complaints, We will determine whether to end or to continue the blocking of Your GO-PAY account. Blocking will not be continued unreasonably if We decide that the matters that are causing the blocking have ended. In the event of a blocking, You may conduct cash withdrawal, to the extent there is no limitation from the monetary system supervisory authority and/or other competent authorities.
- Account Closing
Your GO-PAY account can be closed for the following reasons:
- Your request;
- Our policy based on the prevailing laws and regulations;
- A force majeure occurring for 3 (three) consecutive months or more; and/or
- Other reasons in connection with account blocking.
- We will return Your GO-PAY account balance through the method mutually agreed by the parties, after being deducted with outstanding fees (if any), except if in our view We need to retain a certain portion of Your GO-PAY balance, for example, if there is a reasonable belief that that portion is related to or is a result of a fraud and/or other violation of the law.
- Your GO-PAY account will be terminated automatically or closed if You close your GO-JEK account.
- Rejection of Transaction
We may reject a transaction performed by You if You violate a part or all of these Terms and Conditions and/or violate the prevailing laws and regulations.
In using GO-PAY account and/or GO-PAY services, You will be subject to fees, including without limitation to top-up fees, withdrawal fees, transfer fees and/or transaction fees performed through third party’s channel, as stipulated by Us and/or the relevant third party, or fee for re-activation of GO-PAY account which was deactivated.
- Your Rights and Obligations
In addition to the Your responsibilities as set out in other parts of these Terms and Conditions, You are responsible for:
- The safety of Your cellular phone which is being used to access GO-PAY account including reasonably maintaining and providing sufficient memory to avoid failure or disruption in every GO-PAY services process caused by malfunction of Your cellular phone;
- Every transaction that You performed. You must be careful when using GO-PAY account and/or GO-PAY services, including without limitation when selecting transaction menu, payment destination, inserting the value of the payment etc. You must ensure that You will only follow the transaction instruction as published by GO-PAY in accordance with the transaction that you approved of; and
- Any loss, claim, lawsuit and/or cost incurred, including from other party to Us, which arise from Your mistake in using GO-PAY account, GO-PAY service, GO-PAY feature and/or GO-JEK application, including without limitation to those caused by recklessness, carelessness or misuse of GO-PAY account and/or GO-PAY services by You or another party using Your GO-PAY account.
- OUR LIABILITIES
We are not liable for indirect losses, including fees, interests, damages or losses in whatever form or type (including personal injury, emotional distress and loss of data, goods, income, profit, usage or other economic benefit) incurred by You or a third party. We are responsible only for direct losses, which is the amount actually paid, arising out of or in connection with the use of Your GO-PAY account, which can be proven to have been caused by Our gross negligence or violation of these Terms and Conditions. In any event, Our maximum liability is limited to the latest balance of Your GO-PAY as recorded in Our system or Rp 10,000,000 (ten million Rupiah), whichever is lower.
By registering and using GO-PAY account and GO-PAY services, You agree to hold harmless Us, Our licensors, Our affiliates and each of our staff, director, commissioner, employee, representative and agent, from and against any and all claims, costs, damages, losses, liabilities and expenses (including advocate’s fees) arising out of or in connection with:
- Your violation of these Terms and Conditions or the prevailing laws and regulations, whether referred to in these Terms and Conditions or not;
- Your violation of third parties’ rights in connection with GO-PAY and/or GO-PAY services;
- Any use or misuse of GO-PAY and/or GO-PAY services by You or another party using Your account;
- Any misconduct by a party other than Us, whether intentional or in the form of negligence; or
- The blocking of Your GO-PAY account based on the matters set out in these Terms and Conditions.
This indemnity provision shall survive the closing of Your GO-PAY account.
- Problems and Complaints
- We use our best efforts in keeping the security of our system, including the system recording Your transactions electronically in Our server. Data and balance and/or transaction history recorded in Our system constitutes data and balance and/or transaction history that are final and binding on You.
- We apply reasonable security standards to protect Your data during transmission, when stored and Your use of GO-PAY account and/or GO-PAY services. Nonetheless, We reiterate to You that there is no system that cannot be hacked and this may result in an increased risk to Your information and the use of GO-PAY account and/or GO-Pay services. Therefore, to the extent permitted by the prevailing laws and regulations, You agree to hold Us harmless from any claims arising in connection with viruses, damages, disruptions, other forms of system disruptions caused by parties other than Us or unauthorized access by third parties in bad faith. We recommend You to immediately inform Us if You experience any system disruption as mentioned above so that We are able to try to fix the disruptions.
- You agree not to corrupt, change or modify Your GO-PAY account or attempt to corrupt, change or modify it in any manner whatsoever.
- We are not responsible if You do not own an adequate device or if You download the wrong version of GO-PAY to your device.
- We are entitled to prohibit You from using GO-PAY and/or GO-PAY services if You use inadequate device or unauthorized device or for purposes other than purposes that GO-PAY and/or GO-PAY services are intended for.
- We need You to understand that in the event a top-up, a withdrawal and/or transfer is through a third party, including without limitation to certain banks, there is a possibility of system failure from that third party. We are not responsible for this problem.
- If Your cellular phone is missing, stolen and/or hacked, please inform Us immediately via the electronic mail account registered in Your GO-PAY account or via telephone to GO-PAY Customer Care. If there is a transaction after your cellular phone is missing, stolen and/or hacked, but You have not notified the same to Us in such manner, then the payment will be deemed as valid.
- If You have any question, request, complaint or need to provide any information in relation to GO-PAY feature, You may send it via an electronic mail to the address email@example.com or a telephone call to (021) 5025-1110.
To respond to Your questions and complaints, We will first conduct a verification on Your data. We are entitled to refuse processing your question or complaint, if Your data does not match the data recorded in Our system.
We will check or conduct a verification on Your complaint and provide Our response in accordance with the policy and procedure applicable in Our company after receiving the complete complaint submission from You.
- If according to Our records, there is a mistake in the transaction, We may conduct a correction on Your GO-PAY balance. We will not correct Your GO-PAY balance without strong evidence or basis that there is a mistake in the transaction. You may submit a correction request to Us through the channel that We provide. We will verify and decide on a case by case basis.
- In connection with the correction purpose as set out above, You hereby grant Us an irrevocable power to debit and/or credit Your GO-PAY balance. The said power will remain valid and will not terminate for any reasons whatsoever including the reasons set out in Article 1813, 1814 and 1816 of the Indonesian Civil Code, unless if You close Your account.
- Force Majeure
Our services may be interrupted by events or matters beyond Our authority and control (Force Majeure), including without limitation to natural disasters, electricity disruption, telecommunication disruption, government policy and other matters beyond Our authority and control. Therefore you agree to hold Us harmless from any claim, if We are not able to fulfill Your instruction through GO-PAY account, whether partially or entirely, due to a Force Majeure.
- Intellectual Property Rights
GO-PAY, including its name and logo, code, design, technology, business model, is protected by copyright, trademark and other intellectual property rights available under the laws of the Republic of Indonesia. We (and parties receiving licenses from Us, if applicable) own all rights and interests on GO-PAY, including all intellectual property rights related thereto. These Terms and Conditions do not and in any manner whatsoever shall not be deemed as a grant of any license to You to use Our intellectual property rights as set out above.
- No Waiver
Our waiver of or Our delay or failure in filing a claim against any breach of any provision in these Terms and Conditions or in exercising any rights provided under these Terms and Conditions shall not be deemed as a waiver in connection with a substantial breach of any provision of these Terms and Conditions.
These Terms and Conditions are made in English and Indonesian language. In the event of inconsistency between the English language version and the Indonesian language version, the Indonesian language version shall prevail.
You warrant that the use of GO-PAY account will be used only by You and for Your own interests as the owner of the account in accordance with these Terms and Conditions. You may not assign Your right under these Terms and Conditions without Our prior written consent. If there is any party using Your account and/or if there is any party acting as the beneficial owner of Your account other than Yourself, You are obliged to report it to Us via firstname.lastname@example.org. If there is no report from You regarding another party acting as beneficial owner, you warrant that You are the sole beneficial owner of Your account.
Although Your GO-PAY balance may be transferred to another party, Your GO-PAY account cannot be transferred to another party. We may assign Our rights based on these Terms and Conditions to other third parties based on Our full discretion.
If any provision in these Terms and Conditions is declared as illegal, invalid or unenforceable, in part or in its entirety, based on any regulation or legal principle, that provision or a part thereof, to the extent it is illegal, invalid and unenforceable, shall be deemed excluded from these Terms and Conditions but the legality, validity or enforceability of the remaining provisions of these Terms and Conditions shall not be affected.
- Governing Law
These Terms and Conditions shall be governed by the laws of the Republic of Indonesia. Any and all disputes arising out of the use of Our services will be subject to the exclusive jurisdiction of the District Court of South Jakarta.
These Terms and Conditions, in partially or in its entirety, including any features or services that are offered in the GO-PAY account, may be modified, added, or amended from time to time based on Our discretion with or without notice to You. Your continued use of GO-PAY after the modifications, variations and/or amendments of the Terms and Conditions shall constitute Your agreement and acceptance of the modifications, variations and/or amendments. If You wish to reject the modifications, variations and/or amendments, You need to stop accessing or using GO-PAY and/or Our services and terminate these Terms and Conditions.