Terms and Policies
Last updated: 1 August 2021
- Personal Information which we collect
- The use of Personal Information which we collect
- Sharing of Personal Information which we collect
- Cross-border Transfers of Personal Information
- Retention of Personal Information
- Access and correction of Personal Information
- Where we store your Personal Information
- Security of your Personal Information
- Acknowledgement and consent
- Marketing and promotional material
- Third party websites
- How to contact us
“Governmental Authority” means any governmental, regulatory or administrative authority, agency, commission, board, bureau, court or instrumentality of any kind (including but not limited to any central bank, monetary authority, or securities exchange commission).
"Personal Information" means data, whether true or not, about an individual who can be identified from that data, or from that data and other information to which we have or are likely to have access. This may include an individual’s name, address, date of birth, occupation, phone number, e-mail address, biometric information, bank account, credit card details, gender, vehicle information, photo, health data, financial related informationand other information which, when taken together with other information, would enable an individual to be identified;
“Service” means the goods and services provided by Service Providers via the System from time to time;
“Service Provider” means the independent third party service provider who provides goods and services to Users via the System, including but not limited to Transportation Providers and Merchants; and
“System” means the system provided by Gojek and/or Gojek Group Companies to connect Service Providers with Users, including the Driver Application, the User Application, GoBiz, GoPay and related software, websites, platforms, payment services and other support systems and services, including the Website.
- PERSONAL INFORMATION WHICH WE COLLECT
- 2.1. We collect certain information (which may include Personal Information) about you. The Personal Information which we collect may be provided by you directly (for example, when you register as a User or Service Provider, or you otherwise provide Personal Information to us) or by third parties, or be collected automatically when you use the System. We may collect information in various forms and for various purposes (including purposes permitted under Applicable Law). If you do not provide your Personal Information to us, we may not be able to facilitate or communicate with relevant parties.
- Information obtained from you or from your mobile device directly
- 2.2. When you register and create an Account with us using the System, you have to provide to us certain Personal Information, including your name, e-mail address, your phone number, and an Account ID that you will use to access the System after registration. If you are using the System as a Service Provider, you have to provide us with additional Personal Information as part of the Service Provider onboarding process. This would include details of your Vehicle (if applicable); licences, approvals, and other authorisations for you to operate the Vehicle and/or to provide the Services; your insurance policy; and your bank account details.
- 2.4. When you use the System, you have to provide to us such relevant information as may reasonably be required by us in order for the System to work. For example,
- 2.4.1 If you are using the System as a User, you will need to provide us with information as to the type of Service you seek, and details as to the pick-up and/or delivery.
- 2.4.2 If you are using the System as a Service Provider, in order for the System to work, you will need to provide us with information as to the Services you are able to accept orders for at the time, and details as to your current location. After an order for a Service placed by a User is accepted by you, you may need to provide us with other data that we need to operate and manage the System, and to monitor overall usage of the System.
- 2.4.3 If you are using the electronic payment services within the System, you may have to provide to us additional information including a copy of your national identification card or passport, your photo, your date of birth, address, and job information, for the purposes of identity verification and compliance with anti-money laundering regulations.
- 2.4.4 When a payment is made through the electronic money facility within the System, if you are the payer, you will provide to us information relating to the payment, such as the type of payment card used, the name of the issuer of that payment card, the name of the Account holder for that payment card, the number of that payment card, and the amount of money paid.
- 2.4.5 When you are using the chat feature in our System, you will provide us with the phone number of our users and non-users in your mobile phonebook to enable the chat feature.
- Information collected whenever you use the System or visit our Website
- 2.5. Whenever you use the System or visit our Website, we may collect certain technical data concerning your usage such as, internet protocol (IP) address, information as webpages previously or subsequently viewed, duration of every visit/session, the internet device identity (ID), mobile advertising ID or media access control address, and also other device information regarding the manufacturer, model and operating system of the device that you use to access the System or our Website.
- 2.7. Whenever you use the System through your mobile device, we will track and collect your geo-location information in real-time. In some cases, you will be prompted or required to activate the Global Positioning System (GPS) on your mobile device to enable us to give you a better experience in using the System.
- 2.8. If You use the System as a Transportation Provider, we collect your geo-location information when the System is running in the foreground (i.e., the Driver Application is open and on-screen) and in the background (i.e., the Driver Application is open but not on screen), so long as you are signed into the Driver Application.
- 2.9. If You use the System as a User, we collect your geo-location information when the User Application is running in the foreground. We endeavour to cease collection of your geo-location information when the User Application is in the background, but such information may still be collected unintentionally. You can always choose to disable the geo-location tracking information on your mobile device temporarily. However, this may affect the functionalities available on the User Application.
- Information collected from third parties
- Information about third parties you provide to us
- 2.11. You may provide us with Personal Information relating to other third party individuals (such as Personal Information relating to your spouse, family members or friends). You will of course need their consent to do so – see “Acknowledgement and Consent”, below, for further information.
- THE USE OF PERSONAL INFORMATION WHICH WE HAVE COLLECTED
We may use Personal Information collected for any of the following purposes as well as for such other purposes as are permitted by Applicable Law:
- 3.1. Where you are a User, we may use your Personal Information:
- to identify you and to register you as a User and to administer, manage or verify your Account as such;
- to facilitate or enable any checks as we may in our discretion consider necessary before we register you as a User;
- to enable Service Providers to provide you with such of the Services as you have requested;
- to process and facilitate orders and payment transactions made by you, including where applicable, transactions made through any payment systems and services available over the System;
- to communicate with you and to send you information in connection with the use of the System;
- to notify you of any updates to the System or changes to the Services available;
- to process and respond to enquiries and feedback received from you;
- to maintain, develop, test, enhance and personalise the System to meet your needs and preferences;
- to monitor and analyse user activities and demographic data including trends and usage of the various Services available on the System; and
- to send you direct marketing communications and information on special offers or promotions.
- 3.2. Where you are a Service Provider, we may use your Personal Information or any person’s Personal Information provided by you (as applicable):
- to identify you and to register you as a Service Provider and to administer, manage or verify your Account as such;
- to facilitate or enable any checks as we may in our discretion consider necessary before we register you as a Service Provider;
- to enable you to provide Services to Users;
- to process and facilitate payments due to you relating to any Services you have provided;
- to communicate with you and send you information in relation to the provision of your Services, including to relay User orders to you and to facilitate your acceptance of such orders;
- to notify you of any updates to the System or changes to the manner in which the Services are to be provided;
- to process and respond to feedback from Users as to safety generally or as to the quality of the Services which you have provided;
- to maintain, develop, test, enhance and personalise the System to meet your needs and preferences as a Service Provider;
- to monitor and analyse user activities and demographic data including trends and Service Provider responsiveness for the various Services available on the System; and
- to send you direct marketing and promotional communications and information on special offers or promotions.
- 3.3. Whether you are a User or a Service Provider or otherwise provide Personal Information to us, we may also use your Personal Information more generally for the following purposes (although we will in each such case always act reasonably and use no more Personal Information than what is required for the particular purpose):
- to undertake associated business processes and functions;
- to monitor usage of the System and administer, support and improve the performance efficiency, user experience and the functions of the System;
- to provide assistance in relation to and to resolve any technical difficulties or operational problems with the System or the Services;
- to generate statistical information and anonymous analytics data for the purpose of testing, research, analysis and product development;
- to prevent, detect and investigate any prohibited, illegal, unauthorised or fraudulent activities;
- to facilitate business asset transactions (which may extend to any mergers, acquisitions or asset sales) involving us and/or any of our Affiliates;
- to enable us to comply with our obligations under any Applicable Law, including but not limited to responding to regulatory enquiries, investigations or directives, complying with statutory or regulatory filing and reporting requirements, and conducting audit checks, due diligence and internal investigations;
- for the achievement of the purpose relating to the preparation of the historical documents of the archives for public interest, or for the purpose relating to research or statistics with appropriate security measure;
- to prevent or suppress a danger to a person’s life, body or health;
- as necessary for the performance of a contract to which you are a party, or in order to take steps at the request of you prior to entering into a contract;
- as necessary for the performance of a task we carried out in the public interest, or it is necessary for the exercising of official authority vested in us; and
- as necessary for our legitimate interests or legitimate interests of any other person or legal person.
- 3.1. Where you are a User, we may use your Personal Information:
- SHARING OF PERSONAL INFORMATION WHICH WE COLLECT
- 4.1. We may disclose to or share with Affiliates and other parties your Personal Information for any of the following purposes as well as for such other purposes as are permitted by Applicable Law (although we will in each such case always act reasonably and disclose or share no more Personal Information than what is required for the particular purpose):
- where you are a User, for the purpose of enabling a Service Provider, to perform or deliver a Service, including to contact you;
- where you are a Service Provider, for the purpose of enabling a User to request or receive a Service from you, including to contact you;
- where instructed, requested, required or authorised by Applicable Law (including but not limited to responding to regulatory enquiries, investigations or directives, or complying with statutory or regulatory filing and reporting requirements), for the purpose so specified in that Applicable Law; or complying with any request, order, directive or other instruction from a Governmental Authority;
- where there is any form of legal proceeding between you and us, or between you and another party, in connection with, or relating to the Services, for the purposes of that legal proceeding;
- in an emergency concerning your health (whether you are a User or a Transportation Provider) for the purposes of dealing with that emergency;
- in a situation concerning your health or public interest (whether you are a user or a Service Provider), we may share your Personal Information to the government authorities and/or other institutions that may be appointed by the government authorities or have a cooperation with us, for the purposes of contact tracing, supporting government initiatives, policies or programs, public safety and any other purposes reasonably needed;
- in connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing or acquisition of all or a portion of our business by or into another company, for the purposes of such a transaction (even if the transaction is eventually not proceeded with);
- where we share Personal Information with third parties (including our agents, vendors, suppliers, contractors, partners and any others who provide services to us, perform functions on our behalf, or whom we enter into commercial collaboration with), for or in connection with the purposes for which such third parties are engaged, to perform certain disclosure to the relevant third parties which are technically required to process your transaction or for the purposes of our collaboration with such third parties (as the case may be), which may include allowing such third parties to introduce or offer products or services to You, or other conducting activities including marketing, research, analysis and product development; and
- 4.2. Where it is not necessary for the Personal Information disclosed or shared with other parties to be associated with you, we will use reasonable endeavours to remove the means by which the Personal Information can be associated with you as an individual before disclosing or sharing such information.
- 4.3. We will not sell or lease Your Personal Information to any third parties.
- 4.1. We may disclose to or share with Affiliates and other parties your Personal Information for any of the following purposes as well as for such other purposes as are permitted by Applicable Law (although we will in each such case always act reasonably and disclose or share no more Personal Information than what is required for the particular purpose):
- CROSS-BORDER TRANSFERS OF PERSONAL INFORMATION
Your Personal Information may be transferred to, stored, used and processed in a jurisdiction other than your home nation or otherwise in the country, state and city in which you are present while using any services provided by us (“Alternate Country”), to companies within Gojek group which are located outside of your home nation or Alternate Country and/or where Gojek group’s servers and/or service providers and partners are located outside of your home nation or Alternate Country. You understand and consent to the transfer of your Personal Information out of your home nation or Alternate Country as described herein.
- RETENTION OF PERSONAL INFORMATION
- 6.1. Your Personal Information will only be held for as long as it is necessary to fulfill the purpose for which it was collected, or for as long as such retention is required or authorised by Applicable Law. We shall cease to retain Personal Information, or remove the means by which the Personal Information can be associated with you as an individual, as soon as it is reasonable to assume that the purpose for which that Personal Information was collected is no longer being served by retention of Personal Information and retention is no longer necessary for legal or business purposes.
- 6.2. Please note that there is still the possibility that some of your Personal Information might be retained by the other party (i.e., the Service Provider (if you are the User), or the User (if you are the Service Provider)) in some manner (such as, by means of a screen capture) or other government institutions. In the event we share your Personal Information to the authorised government institutions and/or other institutions that may be appointed by the government authorities or have a cooperation with us, you agree and acknowledge that the retention of your Personal Information by the relevant institutions will follow their respective policy on data retention. Information relayed through communications between Users and Service Providers made other than through the use of the System (such as by telephone, mobile messaging or other modes of communication) or through collection of your Personal Information by our agent may also be retained by some means. We do not authorise the retention of Personal Information by such means and we have no responsibility to you for the same. To the fullest extent permitted by Applicable Law, we shall not be liable for any such retention of your Personal Information. You agree to indemnify, defend and release us, our officers, directors, employees, agents, suppliers, contractors and Affiliates from and against any and all claims, losses, liabilities, expenses, damages and costs (including but not limited to legal costs and expenses on a full indemnity basis) resulting directly or indirectly from any unauthorised retention of your Personal Information.
- ACCESS AND CORRECTION OF PERSONAL INFORMATION
- 7.1. You may request us for access to and/or the correction of your Personal Information in our possession and control, by contacting us at the details provided below. Subject to Applicable Law, we reserve the right to charge an administrative fee for such requests.
- 7.2. We reserve the right to refuse your requests for access to, or to correct, some or all of your Personal Information in our possession or control, if permitted or required under any Applicable Law. This may include circumstances where the Personal Information may contain references to other individuals or where the request for access or request to correct is for reasons which we reasonably consider to be trivial, frivolous or vexatious.
- WHERE WE STORE YOUR PERSONAL INFORMATION
- SECURITY OF YOUR PERSONAL INFORMATION
Confidentiality of your Personal Information is of utmost importance to us. We will use all reasonable efforts to protect and secure your Personal Information against access, collection, use or disclosure by unauthorised persons and against unlawful processing, accidental loss, destruction and damage or similar risks. Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your Personal Information, you acknowledge that we cannot guarantee the integrity and accuracy of any Personal Information which you transmit over the Internet, nor guarantee that such Personal Information would not be intercepted, accessed, disclosed, altered or destroyed by unauthorised third parties, due to factors beyond our control. You are responsible for keeping your Account details confidential and you must not share your password with anyone and you must always maintain the security of the mobile device that you use.
- ACKNOWLEDGEMENT AND CONSENT
- 12.2. In circumstances where you provide us with Personal Information relating to other individuals (such as Personal Information relating to your spouse, family members or friends), you represent and warrant that you have obtained such individual’s consent for, and hereby consent on behalf of such individual to, the collection, use, disclosure and processing of his/her Personal Information by us.
- 12.3. You may withdraw your consent to any or all collection, use or disclosure of your Personal Information that is based on your consent at any time by giving us reasonable notice in writing using the contact details stated below. You may also withdraw your consent for us to send you certain communications and information via any “opt-out” or “unsubscribe” facility contained in our messages to you. Depending on the circumstances and the nature of the consent which you are withdrawing, you must understand and acknowledge that after such withdrawal of consent, you may no longer be able to use the System or certain of the Services. A withdrawal of consent by you may result in the termination of your Account or of your contractual relationship with us, with all accrued rights and obligations remaining fully reserved. Upon receipt of your notice to withdraw consent for any collection, use or disclosure of your Personal Information, we will inform you of the likely consequences of such withdrawal so that you can decide if indeed you wish to withdraw consent.
- MARKETING AND PROMOTIONAL MATERIAL
- 13.1. We may send you marketing and promotional communications via post, telephone call, short message service (SMS), e-mail, online messaging, or push notifications via the System to notify you about special privileges, promotions, or events offered or organised by us, our partners, sponsors, or advertisers, or to provide updates on the System and/or the products and services offered therein.
- 13.2. You may opt out from receiving such marketing communications at any time by clicking on any “unsubscribe” facility embedded in the relevant message, or otherwise contacting us using the contact details stated below. Please note that if you opt out, we may still send you non-promotional messages, such as ride receipts, or information about your Account or the System.
- THIRD PARTY WEBSITES
- 14.1. The System may contain links to websites that are operated by third parties. We do not control nor accept liability or responsibility for these websites and for the collection, use, maintenance, sharing, or disclosure of data and information by such third parties. Please consult the terms and conditions and privacy policies of those third party websites to find out how they collect and use your Personal Information.
- 14.2. When you are using our System and enable the fingerprints and/or facial recognition features in your mobile device for authentication purposes, please note that we do not store such biometric data. Unless otherwise notified to you, These data are stored in your mobile device and may also be stored by other third parties, such as your device’s manufacturer. You agree and acknowledge that we are not responsible for any unauthorised access or loss towards these biometric data which are stored in your device.
- HOW TO CONTACT US
Terms and Conditions for the Use of GoPay
Last updated: 16 September 2020
About these Terms and Conditions
About the Company
We are a technology company providing payment systems and services, including but not limited to electronic money services, electronic bill payment services and electronic transfer services as licensed by the Bank of Thailand.
Definitions and Interpretation
- 3.1. In these Terms and Conditions, the following capitalised terms shall have the following meanings:
- Account means the registered account You obtain to access the System as a User;
- Account Balance means any electronic monetary value stored in a User's Account, which can be used to make Transactions through the use of the Services;
- Affiliate means, in relation to a party, any entity that controls, is under the control of, or is under common control with, that party, where control means the direct or indirect ownership of more than 50 per cent of the voting capital or similar right of ownership of that party or the legal power to direct or cause the direction of the general management and policies of that party, whether through the ownership of voting capital, by contract or otherwise, and controls and controlled shall be interpreted accordingly;
- Application Platform means the system operated by one or more Gojek Group Companies in the Territory including the Driver Application, the User Application and related software, websites, platforms, and other support systems and services;
- Authorized Partner means the operator of an Authorized Partner Platform, who has entered into an agreement with the Company to allow all or part of the System and Services to be accessible via the Authorized Partner Platform;
- Authorized Partner Platform means the system operated by an Authorized Partner, through which all or part of the System and Services may be accessed;
- Gojek Group Company means the Company and its Affiliates;
- Local Terms means the supplementary or alternative terms for specific cities, municipalities, metropolitan areas or regions which apply to You, as made available and as updated by the Company from time to time and as set out here;
- Merchant means a third party provider of goods and services who has entered into an agreement with the Company or the Company's merchant aggregators for the acceptance of a User’s Account Balance as payment for such goods and services;
- Mobile Device means the smartphone, tablet or other mobile device owned or controlled by You which You use to connect to the System;
- Policies means any policies, guidelines or information applicable to Users, as notified to You by the Company from time to time (including via the System, the Website, the Policies, or to Your email address set out in Your Account) and as may be updated by the Company from time to time;
- Services means the services provided by the Company to You via the System, including but not limited to electronic money services, electronic bill payment services and electronic transfer services;
- Service Fees is defined in clause 8.1;
- Specific Terms means the supplementary or alternative terms which may apply to certain specific parts of the System and/or Services, as may be notified to You from time to time;
- System means the system provided by the Company and/or its Affiliates over which the Services are provided, and related software, websites, platforms, and other support systems and services, including the Websites;
- Territory means the Kingdom of Thailand;
- Terms and Conditions means these Terms and Conditions for the Use of GoPay, all applicable Local Terms and all applicable Specific Terms;
- Transaction means the transactions set forth in clauses 5.11 and 5.12;
- User means any person who accesses and/or uses any or all of the System or Services, and any person who files a request or who provides information to Us or to an Authorized Partner in relation to any or all of the System or Services;
- Websites means any websites operated by the Company and/or its Affiliates from time to time.
- 3.1. In these Terms and Conditions, the following capitalised terms shall have the following meanings:
Your Commitments to Us
- 4.1. You represent, warrant, and undertake that:
- 4.1.1. You are acting on Your own behalf and not for the benefit of any other person;
- 4.1.2. You have full power and authority to enter into and be legally bound by these Terms and Conditions and to perform Your obligations under these Terms and Conditions;
- 4.1.3. You have attained at least the age at which You are capable of being legally bound by these Terms and Conditions by applicable law in the Territory, or Your legal guardian or representative has approved Your entry into these Terms and Conditions, the registration of Your Account, and Your use of the System and Services;
- 4.1.4. You will comply at all times with all Applicable Laws and the Policies, and will notify the Company if You are in breach of any Applicable Law or the Policies;
- 4.1.5. You will only use the System and the Services for lawful purposes and only for the purposes for which they are intended to be used;
- 4.1.6. You shall ensure that any documents and information provided by You (or on Your behalf) to Us or otherwise via the System are at all times accurate, current, complete and not misleading, and notify Us immediately (together with any supporting documentation) if there are any changes to such documents and information;
- 4.1.7. You shall only use an internet access point and data account which You are authorized to use;
- 4.1.8. You shall not engage in any fraudulent, deceptive, or misleading conduct; and
- 4.1.9. You shall not impair or circumvent the proper operation of the system or network which the System operates on.
- 4.1. You represent, warrant, and undertake that:
- Your Account
- Account Registration
- 5.1. In order to access the System and Services, You must register for and maintain an Account. You may register for an Account by submitting an application via the Application Platform or any Authorized Partner Platform. Your application to register for an Account and/or to access any Services is subject to the Company’s approval at its sole discretion.
- 5.2. Pursuant to Applicable Law (including regulations on anti-money laundering and countering terrorism financing) and the Policies, the Company is required to establish and verify Your identity before registering for an Account, and on an ongoing basis. Your use of certain Services may be subject to additional registration and/or verification processes. You agree to cooperate fully with such registration and verification processes.
- 5.3. You are responsible for all activities conducted on Your Account. You:
- 5.3.1. must only have one Account;
- 5.3.2. must keep Your Account information (including Your login details, any Password Identification Number (PIN) codes, payment details, and any One Time Password (OTP) or other verification code sent to you via Short Messaging Services (SMS) to the telephone number registered on Your Account) confidential and secure, and not disclose such information to any third party. Any password or verification code will only be requested by Us via the Application Platform or any other Authorized Partner Platform;
- 5.3.3. must not provide any other person with access to Your Account, including to transfer the Account or information from Your Account to any other person, and You must be the beneficial owner of Your Account; and
- 5.3.4. must promptly notify the Company if You suspect any unauthorized access to or use of Your Account.
- 5.4. Your Account is personal to You and may not be transferred to another person, although Your Account Balance may be transferred to another User in accordance with these Terms and Conditions.
- Account Authentication
- 5.5. We may require You to authenticate Your Account from time to time, and in order to access and use the System and the Services. The specific type and process of Account authentication may vary based on a number of factors, including the User's Territory, Account type, Mobile Device, and the type of Services accessed.
- 5.6. Your access of the System and Services via an Authorized Partner Platform or any other third party may be subject to the authentication processes implemented by the relevant Authorized Partner or other third party, and the Company shall not be responsible for the implementation of such processes or the authentication of Your Account based on such processes.
- Account Blocking
- 5.7. Upon Your request, the Company will block or disable access to Your Account and/or any Services or features available via the System.
- 5.8. Without prejudice to the Company’s other rights or remedies, We reserve the right to block or disable access to Your Account and/or any Services or features available via the System (including any part of the System or Services accessible via an Authorized Partner Platform), on a temporary or permanent basis:
- 5.8.1. if the Company deems, in its sole discretion, that You have violated any term of these Terms and Conditions, the Local Terms, the Specific Terms, the Policies, or any Applicable Law;
- 5.8.2. if the Company suspects that Your Account is being used for any unlawful, fraudulent, or abusive acts, whether or not such acts are causing or expected to cause losses to You, the Company and/or a third party;
- 5.8.3. upon receiving a report that Your Mobile Device is lost, stolen, broken, hacked into and/or no longer in Your possession;
- 5.8.4. if You are using an unsuitable Mobile Device to access the System and/or Services;
- 5.8.5. to comply with Applicable Law, including any orders or directions issued by a court or a regulatory authority (including a central bank);
- 5.8.6. if Your Account is inactive for a period of six (6) consecutive months;
- 5.8.7. during an investigation;
- 5.8.8. if You owe any money to the Company or its Affiliates;
- 5.8.9. if these Terms and Conditions are terminated for any reason; or
- 5.8.10. at any other time in the Company’s reasonable discretion.
- In such an event, any outstanding Account Balance may be withheld and/or forfeited (in the event of a permanent suspension of Your Account) and You shall not hold the Company liable for the withholding or forfeiture of any such amount.
- 5.9. If You believe that access to Your Account or any Services has been incorrectly blocked or disabled, You may submit a request to restore access in accordance with the process stated in clause 12. The Company shall have sole discretion in determining whether access to Your Account or any Services may be restored.
- Account Balance: Top-ups, Withdrawals, and Transfers
- 5.10. You may top-up Your Account Balance via the Application Platform or other top-up channels offered via the System from time to time, using the payment methods offered via the System from time to time. Your Account Balance will be credited according to the amount entered or confirmed by You for any such Transaction, provided that there are sufficient funds in Your chosen payment method for the Transaction and any applicable Service Fees or any other fees imposed by an Authorized Partner.
- 5.11. Subject to Applicable Law and the Policies, Your Account Balance may be utilised for the following Transactions, depending on Your Account type and the Services available on the System from time to time:
- 5.11.1. withdrawals to a local currency account with a bank in the Territory linked to Your Account;
- 5.11.2. transfers to another User's Account;
- 5.11.3. payment to a Merchant for goods and services. Such Transactions shall not be subject to any surcharges imposed by the Merchant. If You find any Merchant who imposes any surcharge as such to You, please notify us in accordance with the process stated in clause 12; and/or
- 5.11.4. any other transactions as notified to You from time to time.
- Your Account Balance will be debited according to the amount entered or confirmed by You for any such Transactions, provided that You have sufficient Account Balance for the Transaction and any applicable Service Fees or any other fees imposed by an Authorized Partner. If Your Account Balance is insufficient, We may at our discretion reject processing the Transaction or require You to pay the difference using the payment methods offered via the System from time to time.
- 5.12. You acknowledge and agree that the Company may, to the extent permitted by Applicable Law, adjust or cancel a Transaction (or any part thereof), acting reasonably, if We discover an error in any Transaction details made with Your Account (for example, where there is an error in any amount debited or credited to Your Account Balance, where a fee was charged when it should not have been (or vice versa). Without prejudice to Our other rights and remedies, the Company may suspend the processing of any Transaction where it reasonably believes that the Transaction may be fraudulent, illegal or may involve any criminal activity or where it reasonably believes You are in breach of this Agreement, the Policies, or Applicable Law. In such an event, You shall not hold the Company or its Affiliates liable for any withholding of, delay in, suspension of, or cancellation of, any payment or any promotions to You, and for this purpose, the Company shall be entitled to deduct any amounts from Your Account.
- 5.13. In the event of any error in a Transaction which results in a chargeback from a financial institution, the Company reserves the right to deduct the relevant amount from Your Account Balance. If You believe there is an error in Your Transaction details, You may submit a request to Us to rectify such error within seven (7) calendar days from the Transaction, in accordance with the process stated in clause 12. The Company may request for additional information in respect of such request and has sole discretion in determining whether to adjust or cancel any Transaction.
- 5.14. Any claim for the refund of a Transaction must be submitted directly to the relevant Merchant or Authorized Partner (as the case may be). We will only process a refund for a Transaction based on a request from the relevant Merchant or Authorized Partner. You may submit a refund claim to Us within seven (7) calendar days from the Transaction, in accordance with the process stated in clause 12. Such claims shall include the refund request from the relevant Merchant or Authorized Partner, and all other relevant supporting evidence. The Company may request for additional information in respect of such claim and has sole discretion in determining whether to process the claim and the mode of such refund.
- 5.15. You hereby authorize the Company to debit or credit Your Account Balance in respect of any Transaction, including in relation to any errors, chargebacks, or refunds in respect of such Transaction.
- 5.16. You agree that any Transaction made via Your Account shall be deemed to be authorized and confirmed by You, unless we receive from You any written notification otherwise within seven (7) calendar days of the Transaction. Subject to any errors, chargebacks, or refunds in respect of any Transaction (which shall be dealt with in accordance with clause 5), Transactions made via Your Account that have been processed by Us are final and cannot be cancelled. Unless we have received any written notification from You in accordance with the timelines set forth in these Terms and Conditions, the data on Account Balance and the Transactions performed via Your Account as recorded in the System shall be treated as final and binding on You
- 5.17. In accordance with Applicable Law, our Policies, and/or the requirements of any Authorized Partner or other third party, certain minimum or maximum amounts may apply to the Account Balance maintained in Your Account and the Transaction amounts.
- 5.18. You hereby acknowledge and agree that the Company is not a licensable financial institution in the Territory, and that Your Account is not a bank account and Your Account Balance is not a deposit (as defined under the Deposit Protection Agency Act B.E. 2551 (as amended)), for the purposes of generating any interest or the protection program by the Deposit Protection Agency.
- 5.19. In the event that You had used Your Account in the prior available System, including without limitation to the GET application under the tradename GET PAY, You agree that, by registering to use the latest version of the System and continuing to use your Account, your Account Balance available in the GET application may be transferred to the current available System.
- Account Inactivity
- 5.20. If Your Account has been inactive for a period of six (6) consecutive months, the Company may charge an administrative fee for maintaining Your Account, as notified to You by us from time to time (including via the Policies). For this purpose, You agree that the Company is entitled to deduct such amounts from Your Account Balance.
- Your Use of the System and Services
- Rights granted and reserved
- 6.1. Subject to Your compliance with these Terms and Conditions, the Company and its licensors grant You a revocable, limited, non-exclusive, non-transferable, royalty-free licence during the term of these Terms and Conditions and in the Territory, to access and use the System solely for Your personal use.
- 6.2. All rights not expressly granted to You under these Terms and Conditions are reserved by the Company and its licensors. Nothing in these Terms and Conditions transfers any ownership in or to the System (in whole or in part) to You.
- Access and Use of the System and Services
- 6.3. The Services may be accessed via the Application Platform, the Authorized Partner Platforms, and other systems and services outside the Application Platform, as notified by the Company from time to time. You acknowledge that the access and use of Your Account via an Authorized Partner Platform or other third party’s systems or services is subject to the terms and conditions of such Authorized Partner or third party.
- Prohibited Conduct
- 6.4. Your use of the System and Services shall be for Your personal, non-commercial purposes only. You hereby agree that You shall not:
- 6.4.1. license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the System in any way;
- 6.4.2. modify or make derivative works based on the System, or reverse engineer or access the underlying software for any reason;
- 6.4.3. use the System or Services to build a competitive product or service, build a product using similar ideas, features, functions or graphics as the System, copy any ideas, features, functions or graphics of the System, or launch an automated program or script which may make multiple server requests per second, or which unduly burdens or hinders the operation and/or performance of the System or Services, or attempt to gain unauthorized access to the System or related systems or networks;
- 6.4.4. use any application or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure, presentation or content of the System;
- 6.4.5. post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights, or remove any copyright, trademark or other proprietary rights notices contained in the System;
- 6.4.6. use the System or Services to commit a crime or do anything contrary to Applicable Law;
- 6.4.7. send or store any material for unlawful or fraudulent purposes;
- 6.4.8. send spam or other unsolicited messages;
- 6.4.9. send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material;
- 6.4.10. send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs;
- 6.4.11. interfere with or disrupt the integrity or performance of the System or the data contained therein;
- 6.4.12. impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity;
- 6.4.13. infringe upon the rights of, or cause nuisance, annoyance, inconvenience, harassment, personal injury or property damage to, any person (including the Company and/or its Affiliates, and their respective officers, directors, members, employees and agents); or
- 6.4.14. damage the reputation of the Company and/or any of its Affiliates in any way.
Your Mobile Device
- 7.1. Your access to the System and Services will be through a Mobile Device. It is Your responsibility to check and ensure that You have a suitable Mobile Device and that You download the correct or latest version of the software for Your Mobile Device, the Application Platform, or any Authorized Partner Platform. The Company is not liable if You do not have a compatible device, if You do not have the latest version of the software for Your Mobile Device, the Application Platform, or any Authorized Partner Platform.
- 7.2. If a Mobile Device is lost, stolen, broken, hacked into, and/or no longer in Your possession, and this exposes Your Account information to someone else or otherwise affects the Company’s legal rights and/or remedies, You must immediately notify the Company and follow the procedures notified by Us. The Company is not responsible for any action or inaction in relation to Your Account if You do not do so, and any subsequent transactions made using Your Account shall be deemed valid.
- 7.3. You are solely responsible for having in place an appropriate internet and mobile plan and for any fees charged by Your telecommunications service provider, such as telephone, SMS and internet data fees. You acknowledge that Your use of the System and Services may consume large amounts of data and that You will be solely responsible for such usage and the associated fees.
- 8.1. The use of the System and is provided on a royalty-free basis. However, the use of Your Account and the Services via the System is subject to fees, including any top-up fees, withdrawal fees, transfer fees, Account reactivation fees, and any other fees imposed by the Company as notified to You by us from time to time (including via the Policies) (together, the Service Fees). The use of an Authorized Partner Platform or other systems or services in connection with Your use of the System or Services may also be subject to separate fees imposed by the relevant Authorized Partner or third party.
- 8.2. In order to promote usage of the System and Services, the Company may from time to time, in its sole discretion, offer promotions based on You meeting specified criteria and complying with specified conditions. You may choose whether or not to participate in the promotion. If You do decide to participate, Your right to benefit from the relevant promotions is conditional on You meeting all of the specified criteria and complying with all of the specified conditions, to the Company’s reasonable satisfaction. If You do not do so, You will not be entitled to the benefits of the relevant promotions. You agree that You will only use such promotions for their intended use and will not abuse, duplicate, sell or transfer the promotions in any manner. You also understand that the promotions cannot be exchanged for cash and may expire on a certain date, even before You use them.
- 8.3. Unless otherwise determined by the Company, all amounts payable by You under these Terms and Conditions are final and non-refundable, and must be paid by using the payment methods offered via the System from time to time, including (where applicable) by cash, credit or debit card, or deduction from Your Account Balance.
- 8.4. All payments must be in the local currency in the Territory.
- 8.5. If You have been incorrectly charged a fee, please contact us for assistance in accordance with clause 12. The Company has sole discretion in determining whether to process any refund or return of payment to You and the mode of such refund or return of payment.
- 8.6. These Terms and Conditions shall be subject to all applicable prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any applicable future taxes that may be introduced at any point of time.
- 8.7. You agree to do everything necessary and required by Applicable Law to enable, assist and/or defend the Company to claim or verify any applicable input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the System and/or the Services.
Indemnities and Liability
- 9.1. You shall defend, indemnify and hold harmless the Company, its licensors and each such party’s Affiliates and their respective officers, directors, members, employees and agents from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with:
- 9.1.1. Your breach of any term of these Terms and Conditions, the Policies or any Applicable Law;
- 9.1.2. Your use of the System and/or the Services, including any third party claims arising from Your use of the System and/or the Services; and in respect of any items that You purchase using the Services;
- 9.1.3. any misconduct by a party other than the Company, whether intentional or not, including any use or misuse of the System and/or the Services by such third party;
- 9.1.4. any blocking or restrictions of access to Your Account, and/or the services or features available via the System, in accordance with these Terms and Conditions;
- 9.1.5. any limitations, delays or failures in the System and/or Services, including any disruptions caused by parties other than Us or unauthorized third parties;
- 9.1.6. any defects, limitations, delays or failures of the Authorized Partner Platform or a Merchant's goods or services; and
- 9.1.7. any limitations, delays or failures of any other third party, including any banks or other financial institutions, and/or their systems or services.
- Basis on which the System and Services are provided
- 9.3. Without limitation to clause 9.2, the Company makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the System or Services, or that the System and Services will be uninterrupted or free of errors or viruses, or will operate in combination with any other hardware, software, system or data, or that any data will be accurate or reliable. However we recommend that You immediately inform Us if You experience any such issues.
- 9.4. The System and Services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by You, another User, any Authorized Partner or Merchant being faulty, not connected, out of range, switched off or not functioning. The Company is not responsible for any delays, failures, damages or losses resulting from such problems. The Company shall not be responsible for any limitations, delays or failures of any Authorized Partners, Merchants, and other third parties, regardless of whether their systems, goods or services are accessible via the System.
- 9.5. Timelines specified for Services are, unless expressly agreed otherwise by the Company in writing, indicative, and the Company does not make any warranty, representation or undertaking that specified timelines will be met.
- Exclusions and limitations of liability
- 9.6. Nothing in these Terms and Conditions limits or excludes a party’s liability for death or personal injury caused by such party’s negligence, for fraud, or for any other liability to the extent it cannot be limited or excluded under Applicable Law.
- 9.7. To the maximum extent permitted by Applicable Law, the Company shall not be liable for:
- 9.7.1. indirect, incidental, special, exemplary, punitive or consequential damages;
- 9.7.2. loss of use, lost profits, lost data, lost business, lost goodwill, lost contracts or lost opportunity; and
- 9.7.3. personal injury or property damage,
- arising from, related to or otherwise in connection with the System or the Services, whether in contract, tort, breach of statutory duty or otherwise.
- 9.8. To the maximum extent permitted by Applicable Law, and unless otherwise specified in the Local Terms or Specific Terms, in no event shall the Company’s maximum aggregate liability arising under and in connection with the System, the Services and/or these Terms and Conditions, whether in contract, tort, breach of statutory duty or otherwise, exceed any amounts paid by You to the Company in connection with the first event giving rise to a claim under these Terms and Conditions. In any event, the Company’s maximum liability is limited to the latest balance of Your Account as recorded in Our System.
- 9.9. Unless otherwise specified in the Local Terms or the Specific Terms, any claims You have against the Company under or in connection with the System, the Services or these Terms and Conditions must be notified to the Company within one (1) year after the events giving rise to such claim, failing which (to the maximum extent permitted by Applicable Law) You will forfeit any rights and remedies You have in respect of such claim.
Term and Termination
10.1. These Terms and Conditions shall continue until terminated in accordance with their terms.
- 10.2. Without prejudice to the Company's rights and remedies, the Company may terminate these Terms and Conditions, and/or suspend or terminate Your use of the System in whole or in part:
- 10.2.1. at any time for any reason by giving notice to You; and
- 10.2.2. immediately, with or without notice, if You are in breach of any term of these Terms and Conditions.
- 10.3. You hereby agree that these Terms and Conditions terminate immediately in the event that You are:
- 10.3.1. declared bankrupt, insolvent, or enter into liquidation or such other scheme of arrangement or administration;
- 10.3.2. found in default of your debt obligations to a licensed bank in the Territory; or
- 10.3.3. deceased,
- and in such event, the Company reserves the right to deal with any such trustee, executive, or representative of the courts in the Territory as it in its sole discretion deems appropriate in relation to the administration of any outstanding balance in Your Account.
- 10.4. You are under no obligation to use the System and may cease using them at any time by closing Your Account. Your Account may be closed:
- 10.4.1. at Your request;
- 10.4.2. in accordance with these Terms and Conditions, the Local Terms, the Specific Terms, the Policies, or Applicable Law;
- 10.4.3. if Your Account is blocked permanently in accordance with these Terms and Conditions; or
- 10.4.4. if Your Account is inactive for a period of at least six (6) consecutive months, and there is no Account Balance in Your Account.
- 10.5. These Terms and Conditions are automatically terminated when Your Account is closed.
- 10.6. On termination of these Terms and Conditions for any reason:
- 10.6.1. the Company will return Your 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 Account Balance, for example, if there is a reasonable belief that that portion is related to or is a result of any fraudulent or abusive acts and/or other violation of Applicable Law; and
- 10.6.2. You shall promptly (and in any event within three (3) days), pay any amounts owed to the Company (which shall become immediately due and payable on termination), and for this purpose, You agree that the Company is entitled to deduct such amounts from Your Account Balance.
- 10.7. The parties shall have no further obligations or rights under these Terms and Conditions after termination of the same, without prejudice to any obligations or rights which have accrued to either party at the time they are terminated, save that the provisions of clauses 3, 9, 10.6, 11, 13, and 14 of these Terms and Conditions and any other clause which expressly or by its nature is intended to survive, shall continue to have effect.
Requests, Complaints, and Feedback
- 12.1. If You have any requests, complaints, or feedback in relation to the System or Services, please submit these via the Application Platform. Alternatively, You may contact us by email at email@example.com.
- 12.2. To respond to Your requests, complaints, and feedback, We will first conduct a verification of Your identity. We are entitled to cease processing your requests, complaints, or feedback if any data provided by You during the verification process does not match the data recorded in Our System. We will look into Your request, complaint, or feedback and provide a response in accordance with Our applicable policies and procedures.
- 12.3. Any requests, complaints, or feedback on the goods and/or services provided by any Authorized Partner or Merchant shall be provided directly to the relevant Authorized Partner or Merchant. Notwithstanding, if the Company receives any such request, complaint, or feedback, We may in our sole discretion deal with the same via Our complaints handling process or redirect the same to the relevant Authorized Partner or Merchant.
13.1. These Terms and Conditions (and any and all disputes arising out of or in connection with these Terms and Conditions (including any alleged breach, or challenge to the validity or enforceability, of these Terms and Conditions or any provision hereof)) will be subject to the laws of Thailand.
- 13.2. Any and all disputes arising out of or in connection with these Terms and Conditions will be finally settled by the Courts of Thailand.
- 14.1. The Company shall not be liable for delay or failure in performance resulting from causes beyond Our reasonable control.
- 14.2. You shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the Company or any of its Affiliates.
- 14.3. The Company may amend these Terms and Conditions at its sole discretion from time to time. We will use reasonable endeavours to notify You of any material changes to the Terms and Conditions; however, You agree that it is Your responsibility to review the Terms and Conditions regularly and Your continued use of the System and/or Services will constitute Your acceptance to the amendments. Otherwise, no addition to or modification of these Terms and Conditions will be binding on the parties unless made in writing by the parties.
- 14.4. The rights of each party under these Terms and Conditions may be exercised as often as necessary, are cumulative and not exclusive of rights or remedies provided by law and may be waived only in writing and specifically. Delay in the exercise or non-exercise of any right is not a waiver of that right.
- 14.5. These Terms and Conditions constitute the entire agreement and understanding of the parties relating to the subject matter of these Terms and Conditions and supersedes any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby also exclude all implied terms in fact. In entering into these Terms and Conditions, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms and Conditions. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this clause it might otherwise have had in relation to any of the foregoing. Nothing in these Terms and Conditions excludes liability for fraud or any other liability that cannot be limited or excluded under Applicable Law.
- 14.6. You may not assign, sub-license, transfer, subcontract, or otherwise dispose of any of Your rights or obligations, under these Terms and Conditions without the Company’s prior written consent. By entering into these Terms and Conditions and continuing to use the System or Services, You hereby consent to the Company assigning, sub-licensing, transferring, subcontracting or otherwise disposing, all or part, of its rights or obligations under this Agreement to its Affiliates, provided that, to the extent required by Applicable Law, the Company shall provide notice to You of any assignment, sub-licence, transfer, sub-contracting or other disposal of its rights or obligations.
- 14.7. If any Court or relevant authority determines that any part of these Terms and Conditions is illegal, invalid or unenforceable under Applicable Law, the remaining parts of these Terms and Conditions will remain in full force and effect and the relevant part will be replaced with a provision that is legal, valid and enforceable and that has, to the maximum extent possible, an equivalent effect to the substituted part of these Terms and Conditions.
- 14.8. A person who is not a party to these Terms and Conditions has no right to rely upon or enforce any term of these Terms and Conditions.
- 14.9. We may give notice to You by means of a general notice published via the System or to Your email address set out in Your Account. You must give notice to Us by email to firstname.lastname@example.org.