Effective as of July 1, 2022
When You conduct a top-up of Your GoPay, electronic money balance, receive GoPay electronic money balance, transfer GoPay electronic money balance, withdraw GoPay electronic money balance, conduct payment using GoPay electronic money (each and/or entirely “Electronic Money Services”), save and/or link other payment instruments through the Application (as defined below) and/or conduct payment using payment instruments that have been saved and/or linked through the Application (each and/or entirely “Electronic Wallet Services”), You are using GoPay Electronic Money Services and/or GoPay Electronic Wallet Services provided by Us, PT Dompet Anak Bangsa (“GoPay” or “We” or “Us”). It is important for Us to maintain Your trust. As such, We require you to read and approve the steps that We impose to maintain your Trust, that We will set out under these terms.
ScopeThese terms apply to all users who access and/or use a part or all of the Electronic Money Services and/or Electronic Wallet Services available in GoPay together with its related services, which is provided through Gojek application and/or other application that We issue (each and/or entirely, the “Application”) or through any other authorized platform partners through which a part or all of GoPay features can be accessed (“Authorized Platform Partner”), and to each person who files a request or who provide information to Us, Our affiliates or Authorized Platform Partner in relation to any or all GoPay services.
Account Registration and Opening Mechanism
- You may set up a GoPay account: i) automatically, by signing up on the Application; and/or ii) if available, by submitting a registration request to Us through any Authorized Platform Partner. You need to provide valid, accurate and up-to-date information about Yourself upon setting up a GoPay account.
- You need to understand that Your log-in information details, including log-in details to Your Application and/or any Authorized Platform Partner, are confidential and therefore You will not disclose Your log-in information details, including any secret password and/or verification code in the form of a One Time Password (OTP) that can be sent via Short Messaging Services (SMS) to Your registered telephone number every time there is a log-in attempt to Your account to any third party and by any means. The secret password and/or verification code (including OTP) will only officially be requested via and shall only be submitted by You to Your Application or any Authorized Platform Partner’s application. We or Our staff will never ask for Your secret password and/or verification code (including OTP) via any manner. 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. For example, if You disclose log-in information details (including secret password and OTP) to third party platforms other than the Application or Authorized Platform Partner, such third party may have access to all information about You that is available in Your GoPay account.
- Our system may regard any verified OTP submission from Your account upon log in through the Application or any Authorized Platform Partner or any third party platforms (even though the owner of such platform does not have any cooperation with Us) as an authorized log in. Therefore, You must ensure that You only log-in through the Application or Authorized Platform Partner. Further, we also have the right to deny, limit and/or cancel any access to Your GoPay account and/or certain information related to Your account, including access from and/or through third party platforms other than the Application and/or Authorized Platform Partner, in the event based on Our assessment: i) such access potentially cause a security incident towards Our system; ii) such access is carried out to collect data for the purpose of selling aggregate data and/or other commercial purposes; and/or iv) other reasons that may harm You and/or Us.
- Opening and registration of GoPay account can only be conducted by You as a legal person. You represent and warrant that the registration of Your GoPay account is intended by You for Your own use, and not for the interest of any other party, including any legal entity and/or business entity. We are entitled to reject Your registration of GoPay account for the interest of any party other than Yourself, including any legal entity and/or business entity.
- Any data submitted by You to Us for account registration shall be Your own data. Any submission from the respective account will be acknowledged as authorized submission.
- We may provide service to You to access Your GoPay account through Authorized Platform Partner. In the event You intend to access Your GoPay account through Authorized Platform Partner, You may be requested to submit verification code through application as an evidence of possession towards Your GoPay account, in which submission of the verification code shall be deemed as Your approval towards Our actions to disclose necessary information to the Authorized Platform Partner in order to allow You to access Your GoPay account through Authorized Platform Partner.
- 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 GoPay users or as necessary.
- We will verify the information and documents You submitted through the Application or any Authorized Platform Partner and determine whether You have satisfied all of the requirements for a verified GoPay user. Without prejudice to any other rights and obligations of these terms, You agree that We may disclose to and/or collect from Our partner(s) who has cooperation with Us any and all information and documents related to You in order to process Your GoPay account verification request, such disclosure and/or collection may be extended to any party who has cooperation with Our partner.
- When You submit your GoPay account verification request, We, Our affiliates, and/or Our authorized partners will conduct verification and assessment in order to provide you with PayLater service (or any other financial service features) provided by Our affiliates and/or Our authorized partners. Therefore, your submission of GoPay account verification request shall constitute Your request for Paylater service assessment (or other financial service features) provided by Our affiliates and/or Our authorized partners. We, Our affiliates and/or Our authorized partners will not activate the PayLater service (or other financial service features) prior to your acceptance to and fulfillment of separate terms and conditions applicable towards such features.
- If Your GoPay account verification request is approved, You may access GoPayJago features as provided by Us through the Application. Access to GoPayJago features shall be subject to the applicable terms and conditions as set out in https://www.gojek.com/mobile/terms/gopay-jago/.
- Approval and/or rejection of Your verification request shall be Our sole discretion subject to the prevailing laws and regulations. We may, from time to time, revoke the approval of Your verification request and roll back your account status to be unverified, including in the event of doubt of the accuracy and/or validity as well as completeness of documents and/or information You submitted.
- To avoid any misuse of Your GoPay account, We may stop any of the GoPay services if the documents or information that We ask from You are not accurate, valid and/or complete The termination of GoPay services will be informed to You.
Submission, Modification and Processing of Personal Information
- The submission of documents or information to Us, including documents or information during registration or when providing comments to Our services in the review page and/or other documents or information that You reasonably submitted to Us, 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.
- GoPay reserves the right to request additional information from You, other than what is referred to in this Terms and Conditions, to allow Us to comply with Our anti-money laundering obligations. You agree to comply with Our request, in any form at Our own discretion, at Your own expense, for further information as We reasonably require to enable Us to comply with Our anti-money laundering obligations. Notwithstanding other provisions under these Terms, any additional information provided by You at our request shall be deemed as an information fully provided by You and We are not responsible to verify the accuracy of it.
- 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, to use GoPay 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 GoPay have been approved by Your parents or guardians.
- When You are considered as an adult by law, You waive every right to cancel or revoke all consents that You have given based on these Terms.
Top-up and Withdrawal of GoPay Electronic Money
- The top-up and withdrawal of Your GoPay account balance can be conducted through channels that We and/or our partners have provided, including certain banks’ channels or other third parties’ channels as informed by Us. This service may be subject to a certain fee which may vary depending on the channels.
- You understand that top-ups conducted through Authorized Platform Partner or other third-party channels may experience system and/or network disruption from time to time from the Authorized Platform Partner’s and/or other third parties’ end. Such disruption is the responsibility of the Authorized Platform Partner or other third-party channels and falls beyond Our control.
- 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 to the relevant third party. Complaints arising in relation to the registration for direct debit and/or auto top-up features, authentication of instruction and/or the system of the third party are not our responsibilities.
- You understand that in the event direct debit and/or auto top-up feature is enabled by a third party in GoPay, the direct debit and/or auto top-up feature information may be attached with Your GoPay account. In such event, the risk that may arise against Your GoPay account may impact Your direct debit and/or auto top-up feature. For avoidance of doubt, any risk which arises out of Your fault, Your negligence and/or any other factors not incurred by Our fault, which causes invalid access to Your GoPay account and leads to an invalid transaction in the direct debit feature and/or automatic top-up, shall not be Our responsibility.
- Withdrawals of GoPay electronic money account balance can only be conducted by You as a verified user for the maximum amount of Your GoPay electronic money account balance at the time You conduct the withdrawal, deducted by applicable fees. We will inform You of any changes on the applicable fees.
- We may determine the minimum amount of withdrawal of which You may authorize for each withdrawal. We will inform You of any changes on the minimum withdrawal amount.
- Withdrawals of GoPay electronic money account balance can be conducted only if your GoPay account has been verified. Withdrawals are intended for withdrawals to a virtual account and/or a saving account at a bank, under Your name and/or other recipient as determined by You, or cash withdrawals to be received directly by You through channels made available by Us or Our partners. Withdrawals made other than the aforesaid permitted intentions shall be Your full responsibility.
- In the event withdrawals are intended to be received in physical cash directly by You, You shall be responsible to keep the security of each withdrawals information details, including each verification code which may be required for cash withdrawal and/or other withdrawal information details that is reasonably applicable.
- Any hindrance and/or loss incurred related to top up and/or withdrawal due to the failure of any Authorized Platform Partner or other third parties’ system shall not be Our responsibility. However, if we receive complaints from You regarding such issues, we may, based on our discretion, forward your complaints to such Authorized Platform Partner or the relevant third party for their follow up.
- Your GoPay balance will only be used for fulfilling obligations towards You and merchant. Your GoPay balance will not be used to fund any activities outside Our obligations towards You and merchant.
Transfer of GoPay Electronic Money Account Balance or through GoPay Electronic Wallet
- Subject to the applicable laws and terms set out by the issuer of the payment instrument, We can provide transfer features from GoPay electronic money account balance and/or payment instrument account balance saved in GoPay electronic wallet to other GoPay account and/or payment instruments accounts.
- Transfer of GoPay electronic money account balance or through GoPay electronic wallet can only be conducted by You as a verified user maximum equal to Your account balance that is available when transferring, deducted by applicable service fees. We will inform You on such service fees.
- We can set a minimum transfer amount that You can authorize for each transfer. Changes of minimum transfer amount will be informed to You.
- We will process the transfer of GoPay electronic money account balance or through GoPay electronic wallet as per Your instruction. You shall ensure that You have inputted the correct transfer destination or recipient. Processed transfer as per Your instruction shall not be reversible, including if You submit the incorrect transfer amount, destination or recipient.
- When You intend to conduct transfer of GoPay electronic money account balance or through GoPay electronic wallet, We may disclose Your registered full name and other data to the recipient of transfer. When a sender intends to conduct transfer to You, We may disclose Your registered full name and other data to the sender.
- We may provide You with variety of methods for the transfer of GoPay electronic money account balance or through GoPay electronic wallet, including through a link that You can share outside the Application and/or other relevant links. You fully understand and are responsible to maintain the safety and confidentiality of such link, including and only share the link to the intended recipient as determined by You. and/or other means to maintain the safety and confidentiality of such link. You agree that every transfer instruction placed through Your GoPay account from the Application, a link that may be shared outside the Application or Authorized Platform Partner will be deemed as having been authorized by You therefore We will process the transfer of GoPay electronic money account balance or through GoPay electronic wallet as instructed by You.
- If You submit a transfer instruction of GoPay electronic money account balance or through GoPay electronic wallet, either through the Application or Authorized Platform Partner, which is intended to be received by a person: i) with certain digital identification, including certain phone number and/or electronic mail address and/or other digital identification that is reasonably applicable, which has not linked with and/or has not registered a GoPay account; or ii) actively by certain actions of acceptance by the recipient as the transfer method You choose requires then We may elect to process or not process such instruction. We may hold the balance first and require the recipient to: i) register a GoPay account within certain time period; or ii) actively accept to receive the balance as the transfer method You choose requires, to be able to receive the GoPay balance You transfer. In such event if the recipient does not register a GoPay account within the determined time period, then the GoPay balance will be reversed to Your GoPay account.
- Any problems and/or losses that arise in connection with the transfer due to failure of the Authorized Platform Partner system or any other third party system will not be our responsibility. However, if we receive a complaint from You regarding such matter, then We may, at Our discretion, forward Your complaint to such Authorized Platform Partner or to related third parties for follow-up.
Sharing PlatformWe may provide certain sharing platform which allow You to connect and share certain moments related to Your GoPay transactions and/or GoPay account balance transfer with Your fellow GoPay user acquaintance. When You utilize GoPay electronic money account balance transfer or through GoPay electronic wallet feature, either as a sender or a receiver, You agree that certain details related to such GoPay electronic money account balance transfer may be shown in a sharing platform accessible by certain other GoPay users. Furthermore, when someone intends to conduct transfer of GoPay electronic money account balance and/or through GoPay electronic wallet to Your account, for Your and sender’s convenience, We may provide certain details related to Your GoPay account such as Your GoPay account name. A separate detailed terms which further governs the use of sharing platform can be accessed at https://www.gojek.com/blog/gopay/syarat-dan-ketentuan-gopay-feed/. When You utilize GoPay electronic money account balance transfer feature or through GoPay electronic wallet, either as a sender or a receiver, You agree to be bound under such terms on the use of sharing platform.
Balance and Transaction Limits
- The amount of Your GoPay electronic money account balance is limited to: (a) IDR2,000,000.- (two million Rupiah) if Your account is not verified; or (b) IDR20,000,000.- (twenty million Rupiah) if Your account is verified; or (c) any other amount as determined by Us based on Our risk assessment and/or as determined by the relevant authority.
- Your monthly GoPay electronic money account transactions that are incoming in nature may not exceed IDR40,000,000 (forty million Rupiah) per calendar month or other amount as determined by the relevant authority.
- If the balance or monthly transaction of Your GoPay electronic money account exceeds such limits, We are entitled to conduct a verification before taking any further action, including not processing the transaction order that You submitted.
- We need You to fully understand that We are not a bank. Your GoPay electronic money account balance is not a saving 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).
Types of GoPay Electronic Wallet Payment InstrumentsGoPay electronic wallets can be used to save Your GoPay electronic money account balance and payment instruments issued by other parties, whether in the form of debit cards, credit cards, electronic money from other issuers and other payment instruments as available. When you link and/or save payment instruments in GoPay electronic wallet through the Application and/or Authorized Platform Partner channels, such linking and/or saving is processed based on Our electronic wallet license.
Risk of GoPay Electronic WalletIf You intend to save and/or link a payment instrument issued by another party to GoPay electronic wallet, You may be asked to follow the linking process that We and the issuer of the payment instrument require, including by verifying a secret password and/or a verification code in the form of a One Time Passcode (OTP) sent by the payment instrument issuer via Short Messaging Service (SMS) to Your phone number that is registered with the issuer of the payment instrument and/or following other processes as reasonably required. Secret password and/or code verification (including OTP) of the issuer of the payment instrument will only be officially requested through and will only be sent by You to Your payment instrument verification page, We or Our officers never ask for a secret password and/or code verify (including OTP) of the issuer of the payment instrument in any way. You agree to assume any risk related to the disclosure of the Your payment instrument linking information to any third party and take full responsibility for any consequences related to it. Every OTP submission verified from Your account at the time of linking the payment instrument will be considered as an official link.
Benefit and Usage of GoPay Electronic Money and Electronic Wallet
- You may access your GoPay electronic money and electronic wallet account through the Application and/or via Authorized Platform Partner. In the event you access your GoPay account via Authorized Platform Partner, You need to read its relevant terms and conditions and ensure the security and reliability of such Authorized Platform Partner’s system. You acknowledge and agree that the security and reliability of such Authorized Platform Partner’s system is the responsibility of the Authorized Platform Partner and falls beyond Our control.
- GoPay electronic money and/or payment instrument account balance that is saved in GoPay electronic wallet can be used for payment of services that are available the Application or other services outside of the Application as informed by Us, subject to the terms of the issuer of the payment instrument.
- Your GoPay electronic money account balance can be used wholly, until it becomes zero, subject to these Terms.
- Any changes of the method of use and/or payment will be informed to You. The changes and/or additions may result in a requirement to update Your Application and/or any Authorized Platform Partner’s application.
- Your GoPay electronic money or other payment instrument 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 GoPay electronic money and other payment instrument 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.
- The processing of transactions using payment instruments from an issuer other than Us is subject to the terms and policies of such issuer, including on account balance deduction, minimum payment and other terms. We will forward Your instruction to the relevant issuer to process the transaction. For the avoidance of doubt, We are not responsible for any transaction failure or loss incurred due to a mistake committed by the issuer and/or other parties other than Us.
- Transactions which have been confirmed by You and processed by Us, cannot be canceled. We have full rights to test and to decide on requests for cancellation on a case by case basis.
- If you demand any refund, such refund claim may be submitted directly to the relevant merchants or Authorized Platform Partner. We will process refund based on request from the merchants or Authorized Platform Partner. Aside from the foregoing, You may submit a refund claim to Us at the latest 7 (seven) calendar days after transaction date by submitting sufficient supporting evidence. In such case, We will process Your refund based on our review of such claim.
- You acknowledge that We are an operator of payment system services. GoPay does not have control nor assume the liability or the legality for the goods or services that are paid with our services. Every complaint and/or claim in relation to goods and/or services provided by the Authorized Platform Partner or any other third parties must be filed directly to the relevant third parties or Authorized Platform Partner.
- We need You to understand that the use of Your GoPay account and/or GoPay services are your personal responsibilities. DO NOT GIVE ACCESS OR ALLOW ANOTHER PERSON TO ACCESS YOUR GO-PAY ACCOUNT. You agree that every GoPay account access and/or transaction instruction placed through Your GoPay account from the Application or any Authorized Platform Partner or other third party platforms that do not have any cooperation with Us will be deemed as having been authorized by You and therefore is an access and/or transaction instruction from You. We cannot and cannot be asked to be responsible for any losses or claims arising out of Your use of GoPay account and/or GoPay services that contravene these Terms.
- As part of Our efforts to maintain the security of Your GoPay account, You need to register 6 digits of numbers as a PIN code for authentication of Your GoPay 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. Any verified PIN submission from Your account shall be deemed as authorized transactions and/or activities.
- To reset the PIN or other applicable authentication method, You need to verify by entering the OTP (One Time Password), which is sent via SMS to Your registered telephone number, in the Application or the relevant Authorized Platform Partners. We and Our Staff will never ask for these OTP. You agree to assume all risks relating to the disclosure of these OTP to any third party and to be fully responsible for every consequence related thereto.
- We may enable other authentication method, including fingerprint authorization and/or facial recognition as your device may enable. You need to follow the registration flow of the relevant recognizable factor (such as fingerprint for fingerprint authentication and/or real-time facial image for facial recognition) as determined by Us, if You wish to activate the authentication method. This authentication method may require PIN prior activation.
- Authentication recognizable factor may be stored and verified by Us or by other third party (such as the device You use, as per your permission). Any claims related to storing and/or verification of recognizable factor by any third party (such as the device You use) shall not be our responsibility. However, We will conduct any reasonable action to minimize the risk that we can identify, which may incur due to the activation and/or use of authentication factor.
- In the event You access Your GoPay account through the Authorized Platform Partner, such Authorized Platform Partner may establish its own authentication method. The authentication method on Authorized Platform Partner is the responsibility of the Authorized Platform Partner and falls beyond Our control.
Mechanism of Deletion and Change of Payment Instrument Data
- We can provide You the option to delink the payment instrument from GoPay electronic wallet feature in the Application or Authorized Platform Partner. We can verify in advance of such instructions, in which case, Your instructions will be processed by Us after the instruction is verified.
- We can provide you the option to change the payment instrument data in GoPay electronic wallet feature in the Application or Authorized Platform Partner. We can verify first or such instructions, in which case, Your instructions will be processed by Us after the instructions are verified.
- Verification as stated above can be in forms of PIN request, One-Time Password (OTP) to You and/or authorization request to the issuer payment instrument.
- If You request a refund for a transaction using GoPay electronic money account balance, the following conditions apply. The refund claim can be submitted directly to the relevant merchant. We will process the refund to your GoPay electronic money account balance based on requests from merchants or Authorized Platform Partners. In addition, You can submit a refund claim to Us if you feel that the merchant does not fulfill its obligations to You by submitting a claim to Us no later than 7 (seven) calendar days from the date of the transaction by submitting sufficient supporting evidence. In such case, We will process the refund to your GoPay electronic money account balance based on the results of Our review of the claim.
- If You request a refund for a transaction using another payment instrument through GoPay electronic wallet, the following conditions apply. The refund claim can be submitted directly to the relevant merchant or to an Authorized Platform Partners. We will process the refund to your payment instrument or to your GoPay electronic money account balance upon request from the merchant or Authorized Platform Partners. In addition, You can submit a refund claim to Us no later than 7 (seven) calendar days from the date of the transaction by submitting sufficient supporting evidence. In such case, We will process the refund to your payment instrument or to your GoPay electronic money account balance based on the results of our review of the claim.
- Specific terms and conditions on each promotion and/or incentive will be made available via publicly accessible media.
- We are entitled to determine the applicable requirements on each promotion and/or incentive program and to determine the eligibility of each user and/or merchant on each promotion and/or incentive program.
- Any amendment and/or termination of any promotion and/or incentive program and the suspension, cancellation and/or claw back any promotion and/or incentive benefit including in the event the promotion and/or incentive benefit disbursement may not be executed due to limitation based on applicable regulations, occurrence of cancellation of related transaction and/or refund of related transaction, finding of abusive, fraudulent and/or other suspicious activities, may be conducted by Us and We will inform You of such actions.
- We can provide you a rewards program with the name of “GoPay Coins” or other names that We determined. A separate detailed terms which further governs GoPay Coins can be accessed at https://www.gojek.com/blog/gopay/ketentuan-gopay-coins/.
- Upon your request, We will block Your GoPay account and the use of GoPay services by Your GoPay account. Additionally, if in Our view, there are events that are causing losses and/or that may cause losses to Us or to You or other third party, We will also conduct such blocking. However, We provide a channel for You to file a complaint to unblock such blocking.
- Account blocking may happen 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;
- Other reasons that are causing losses to You or to Us, including abusive and fraudulent actions;
- When Our system catches a suspicious pattern of financial transactions; or
- Other events that can reasonably trigger account blocking
- If Your GoPay 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. After verifying Your complaints, We will determine whether to end or to continue the blocking of Your GoPay account. Blocking will not be continued unreasonably if We decide that the matters that are causing the blocking have ended.
- We at all times have the full discretion to temporarily or permanently disable Your access to Your GoPay account in any Authorized Platform Partner and/or a part or all of GoPay features and services in any Authorized Platform Partner and we will inform You in the event that we will disable Your access to Your GoPay account.
- Your GoPay 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 as set out under Point 17 above.
- We will return Your electronic money GoPay account balance through the method determined by Us, after being deducted with outstanding fees (if any), except if in our view We need to retain a certain portion of Your GoPay electronic money account balance, for example, if there is a reasonable belief that that portion is related to or is a result of a fraud, abusive actions and/or other violation of the law.
- Your GoPay account may be terminated automatically or deactivated temporarily if You terminate or deactivate your Gojek account.
- Your GoPay account is deemed as dormant (“Dormant Account”) when there is no transaction for a consecutive period of 360 (three hundred sixty) calendar days. For the purpose of this clause, a “transaction” shall mean the completion of any Application services transaction and/or debit or credit transaction of Your GoPay account, instructed by You.
- Furthermore, We reserve the right to temporarily suspend and/or limit certain GoPay services in and/or Your access to Your Dormant Account, and/or permanently close Your Dormant Account in the event there is no outstanding obligation between You and Us.
Rejection of TransactionWe may reject a transaction performed by You if Our system catches suspicious transaction pattern, if You violate a part or all of these Terms and Conditions and/or violate the prevailing laws and regulations.
- In using GoPay Electronic Money Services in Gojek the Application or any Authorized Platform Partner, You will be subject to fees, including top-up fees, withdrawal fees, transfer fees and/or transaction fees performed through the Authorized Platform Partner, third party’s channel, as stipulated by Us, the Authorized Platform Partner and/or other relevant third party, or fee for re-activation of GoPay account which was deactivated and/or other as reasonably applicable. We will inform You on any fee changes charged by GoPay.
- In using the GoPay Electronic Wallet Services in the Application or any Authorized Platform Partner, You may be subject to fees, including transfer fees and/or transaction fees of using payment instruments other than GoPay electronic money and/or other fees that are reasonably applicable, as may be determined by Us. We will inform you if there is a difference in the amount of the fee imposed.
- Other fees charged by third parties other than Us directly to You without through Us, such as fees related to payment instruments imposed by the issuer of Your payment instrument, is the responsibility of the third party and falls beyond Our control.
Your Rights and ObligationsIn addition to the Your responsibilities as set out in other parts of these Terms, You are responsible for:
- The safety and possession of Your cellular phone or other device which is being used to access Your GoPay account including reasonably maintaining and providing sufficient resources to avoid failure or disruption in every GoPay services process caused by malfunction of Your cellular phone or other device;
- The safety and validity of Your cellphone number which you registered to access GoPay account, therefore We shall not be responsible for any claim arises if Your registered cellphone number is possessed by any other party, becomes inactive based on telecommunication provider’s policy and/or becomes dormant;
- The confidentiality of the OTP sent to You, PIN set by You and/or any other verification code which shall reasonably be possessed only by You;
- Every transaction through Your GoPay account. You must be careful when using Your GoPay account and/or GoPay services, including 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 GoPay in accordance with the transaction that you approve; and
- Any loss, claim, lawsuit and/or cost incurred, including from other party to Us, which arise from Your breach of these Terms, Your negligence in using GoPay account, GoPay service, GoPay feature in the Application and/or any Authorized Platform Partner, including those caused by recklessness, carelessness or misuse of GoPay account and/or GoPay services by You or another party using Your GoPay account.
- We are not liable for indirect and immaterial 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 any other third party.
- We are not liable for any 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 due to the fault of You or any third party other than Us, including the merchants and the partners that provide top up and withdrawal channels.
- We are not liable for any 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) which occurred due to the system failure of the Authorized Platform Partner, the legality of the goods and/or services provided in the Authorized Platform Partner, also the safety and security of Your transaction which occurred in the Authorized Platform Partner.
- We are responsible only for direct losses, which is the amount actually paid, arising out of or in connection with the use of Your GoPay account, which can be proven either by You or Us that a violation or negligence to these Terms has been committed by Us. In any event, Our maximum liability is limited to the latest balance of Your GoPay as recorded in Our system or Rp10,000,000 (ten million Rupiah), whichever is lower.
- We may, based on Our policies, provide users’ account balance protection program for certain cases with the name of “Money Back Guarantee” and/or other similar programs that We will inform to You. A separate detailed terms which further governs Money Back Guarantee can be accessed at https://www.gojek.com/blog/gopay/ketentuan-jaminan-saldo-gopay-kembali/.
IndemnityBy registering and using GoPay account and GoPay 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 or the prevailing laws and regulations, whether referred to in these Terms or not;
- Your violation of third parties’ rights in connection with GoPay and/or GoPay services;
- Any use or misuse of GoPay and/or GoPay 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 GoPay account based on the matters set out in these Terms.
This indemnity provision shall survive the closing of Your GoPay 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 that are common practices of this industry to protect Your data during transmission, when stored, and Your use of GoPay account and/or GoPay 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 GoPay account and/or GoPay 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 GoPay account or attempt to corrupt, change or modify it in any manner whatsoever.
- We are entitled to prohibit You from using GoPay services in the Application or any Authorized Platform Partner if You use inadequate device or unauthorized device or for purposes other than purposes that GoPay services are intended for.
- We need You to understand that in the event a top-up, a withdrawal and/or a transfer is conducted through a third party, including to Authorized Platform Partner, certain banks and/or any other channels, there is a possibility of a system failure from that third party and such system failure is the responsibility of that third party and falls beyond Our control.
- If Your cellular phone and/or other device is missing, stolen and/or hacked, please inform Us immediately via the electronic mail account registered in Your GoPay account or via telephone to GoPay Customer Service. If there is a transaction after your cellular phone and/or other device 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 GoPay feature, You may send it via the channels We provide.
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 GoPay electronic money account balance. We will not correct Your GoPay 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 GoPay electronic money account 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 MajeureOur services may be interrupted by events or matters beyond Our authority and control (Force Majeure), including 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 GoPay account, whether partially or entirely, due to a Force Majeure.
Intellectual Property RightsGoPay, 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 GoPay, including all intellectual property rights related thereto. These Terms 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. You shall not (i) copy, modify, adapt, translate, make derivative works from, distribute, give a license, sell, transfer, publicly display, reproduce, transmit, move, broadcast, decompile or disassemble any part of or by other means of exploiting the GoPay system (including the service features therein) licensed to you, except as permitted in these Terms, (ii) give a license, sublicense, sell, resell, move, transfer, distribute or commercially exploit or make available to any third party and / or software by means of; (iii) create internet "link" or "frame" or "mirror" any software on other servers or wireless devices or internet-based ones; (iv) reengineering or accessing our software to (a) build competing products or services, (b) build products using ideas, features, functions or similar graphics, or (c) copy ideas, features, functions or graphics, (v) launch automated programs or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worm, or any program that might make multiple server requests per second, or create heavy loads or hinder the operation and / or performance of the application, (vi) using robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or avoid the navigation structure or presentation of the application or its content; (vii) publish, distribute or reproduce in any way material that is protected by copyright, trademark or other information that We hold without obtaining prior approval from us or the rights owner who licenses his/her rights to Us, (viii) removing any copyright, trademark or other proprietary rights contained in the GoPay system.
No WaiverOur waiver of or Our delay or failure in filing a claim against any breach of any provision in these Terms or in exercising any rights provided under these Terms shall not be deemed as a waiver in connection with a substantial breach of any provision of these Terms.
LanguageThese Terms 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.
AssignmentYou warrant that the use of GoPay account will be used only by You and for Your own interests as the owner of the account in accordance with these Terms. You may not assign Your right under these Terms 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. 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 GoPay electronic money account balance may be transferred to another party, Your GoPay account cannot be transferred to another party. We may assign Our rights based on these Terms to other third parties based on Our full discretion.
SeverabilityIf any provision in these Terms 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 but the legality, validity or enforceability of the remaining provisions of these Terms shall not be affected.
Governing LawThese Terms 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.
AmendmentsThese Terms, in partially or in its entirety, including any features or services that are offered in the GoPay account, may be modified, added, or amended from time to time based on Our discretion with a notice to You. Notice may be delivered in the form of changes to the interface and/or user experience. Your continued use of GoPay after the modifications, variations and/or amendments of the Terms shall constitute Your agreement and acceptance of the modifications, variations and/or amendments. You can stop accessing or using GoPay and/or Our Services if you disagree with the modifications, variations and/or amendments.