ELECTRONIC COMMERCE MERCHANT RULES
October 21, 2020
No. 001/Rules/X/2020
Version 1.0.0
COPYRIGHT NOTICE
Copyright © 2020 by PT Dompet Anak Bangsa (GoPay)
All rights reserved. The trademarks, logos, trade names and service marks, whether registered or unregistered are owned by GoPay. All other trademarks not attributed to GoPay are the property of their respective owners. This GoPay Electronic Commerce Merchant Rules (GoPay Rules) is proprietary to GoPay, and no part of this material may be reproduced, published in any form by any means, electronic or mechanical including photocopy or any information storage or retrieval system nor may the material be disclosed to third parties without the express written permission and/or authorization from GoPay.
The GoPay Rules are designed to provide a common experience for an electronic commerce merchant when accepting GoPay electronic money as well as clear direction as to the electronic commerce merchant’s responsibilities when accepting GoPay electronic money. The GoPay Rules are applicable against an electronic commerce merchant when it accepts GoPay electronic money. It is a part of, and is hereby incorporated by reference into, the agreement between an electronic commerce merchant with GoPay and/or with a payment service provider, aggregator and/or payment gateway. The electronic commerce merchant agrees to be bound by and accept all provisions in this GoPay Rules (as changed from time to time) as if fully set out in the agreement between the electronic commerce merchant with GoPay and/or with a payment service provider, aggregator and/or payment gateway and as a condition of the electronic commerce merchant’s agreement to accept GoPay electronic money.
GoPay reserves the right to modify and/or update the GoPay Rules. Modified and/or updated GoPay Rules will be made available publicly or via an aggregator. Unless specified otherwise, modified and/or updated GoPay Rules are effective on the publication date.
Headings are for convenience only and do not affect interpretation. The following rules apply unless the context requires otherwise: (a) The singular includes the plural and conversely. (b) A gender includes all genders. (c) If a word or phrase is defined, its other grammatical forms have a corresponding meaning. (d) A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them. (e) A reference to a clause or schedule is a reference to a clause of or a schedule to this GoPay Rules. (f) A reference to an agreement or document (including a reference to this Licence) is to the agreement or document as amended, varied, supplemented, novated or replaced, except to the extent prohibited by this GoPay Rules or that other agreement or document. (g) A reference to a party to this GoPay Rules or another agreement or document includes the party's successors, permitted substitutes and permitted assigns (and, where applicable, the party's legal personal representatives). (h) A reference to legislation or to a provision of legislation includes a modification or re-enactment of it, a legislative provision substituted for it and a regulation or statutory instrument issued under it. (i) the word “including” is not a word of limitation. (j) the reference to GoPay includes the reference to GoPay’s affiliate.
Each electronic commerce merchant must comply with and maintain valid licenses, approvals and certification based on all applicable laws, regulations, and other legal requirements for each country in which the electronic commerce merchant operates. Each electronic commerce shall ensure that the transaction is legal in the electronic commerce merchant’s jurisdiction.
Each electronic commerce merchant must, during and after GoPay acceptance, maintain all data and documents related to GoPay, including interface document, technical specification and/or transaction data, in strict confidence. Any data and documents related to GoPay may only be disclosed if required for the processing of the transaction and order, with prior express written approval from GoPay or if required by governmental authority.
GoPay has the right to exercise any of its rights under its agreement with its users, including rights related to the collection, processing and/or disclosure of GoPay users’ data. The electronic commerce merchant must ensure that nothing under its agreement with its users limits GoPay’s ability to exercise any of its rights under its agreement with its users.
GoPay may collect, retain, process and disclose any data when the electronic commerce merchant accepts GoPay, including if it involves a part of an electronic commerce merchant’s data, to the extent related to and/or required to process the transaction. In the event any data collected, retained, processed and/or disclosed by GoPay is proprietary to the electronic commerce merchant, the electronic commerce merchant grants GoPay a non-exclusive, non-sublicensable, royalty-free, fully paid-up, worldwide right and license, during and after GoPay acceptance, to use, reproduce, distribute, perform, display, modify, process, store, and disclose such data.
In the event the electronic commerce merchant accepts GoPay via an aggregator, the electronic commerce merchant grants the aggregator the right to disclose to GoPay any data and/or documents related to the electronic commerce merchant as necessary for GoPay to process the transaction and/or settlement.
The electronic commerce merchant does not have any property or other right, claim, or interest, including any patent right, trade secret right, or copyright interest, in the GoPay trademark or in any systems, processes, equipment, software, data, or materials that GoPay provides, either directly or via an aggregator, or uses in GoPay products, or in connection with a GoPay marketing campaign. GoPay has, and the electronic commerce merchant grants, the right to use, disclose, distribute, or commercialize generally for itself and others any feedback, ideas, suggestions, submissions, data, or information (whether provided in written or oral form), and all intellectual property rights relating thereto, that GoPay receives in connection with GoPay acceptance by the electronic commerce merchant.
The electronic commerce merchant may not modify any of GoPay’s products, including GoPay’s interface documents, systems or technical specifications, or merge all or any part of the GoPay product with other programs without GoPay’s written permission. Except to the extent expressly permitted by law, the electronic commerce merchant must not reverse disassemble, decompile or reverse engineer, or directly or indirectly allow or cause a third party to disassemble, decompile or reverse engineer the whole or any part of GoPay’s product or any locking or security device used or supplied with the GoPay product or otherwise attempt or allow any other party to attempt to obtain the algorithms by which the GoPay’s product performs functions.
The electronic commerce merchant is solely responsible for its use of GoPay acceptance and ensuring that their use of GoPay acceptance comply with all applicable legal and regulatory requirements. The electronic commerce merchant must indemnify GoPay for and against claims and liabilities arising out of or in connection with its use of GoPay acceptance.
GoPay may, either directly or indirectly via an aggregator, request the electronic commerce merchant to fulfill certain requirements and conduct certain actions for the purpose of GoPay’s compliance with the applicable anti money laundering laws and regulations. Upon request, the electronic commerce merchant must fulfill such requirements and/or conduct such actions as indicated by GoPay, which may include filling in an anti-money laundering questionnaire and disclosing its business and corporate data and documents to GoPay, including via an aggregator. The electronic commerce merchant shall ensure that any data or documents it submits to GoPay are valid.
The electronic commerce merchant must be responsible at all times to ensure that it is not promoting and/or supporting money laundering activities on its platform
The electronic commerce merchant is responsible for showing the GoPay marks and branding as made available by GoPay, no other marks may be shown by the electronic commerce merchant to indicate GoPay acceptance. The GoPay marks may only be shown by the electronic commerce merchant on its platform where GoPay is accepted. Where the electronic commerce merchant accepts any other payment method on its platform, the GoPay marks shall be shown clearly and easy to see by its users.
The GoPay marks may not be used by the electronic commerce merchant for any purposes other than to indicate GoPay acceptance on its platform, without the prior express written consent by GoPay. The use of GoPay marks by the electronic commerce merchant shall not contain any matter that would tend to infringe, dilute, degrade, or denigrate any of the GoPay marks or GoPay products or impair the reputation or goodwill of GoPay or the goodwill associated with the GoPay marks.
The electronic commerce merchant must accept all transactions using GoPay submitted by users. The electronic commerce merchant must submit all transactions using GoPay only to GoPay and/or its aggregator to be processed. Unless indicated otherwise by GoPay in its interface document or technical specification document, the electronic commerce merchant must not redirect users to any third party’s platform when users are transacting using GoPay. Where the electronic commerce merchant accepts other payment methods on its platform, the transaction using GoPay may not contain any additional step(s) or hindrance applied towards users. The transaction using GoPay must, at all times, be at least as simple as other payment methods with similar nature, unless indicated otherwise by GoPay in its interface document or technical specification document.
The electronic commerce merchants may not impose any surcharge and/or additional fee(s) in any way against a user transacting with GoPay, unless for any surcharge and/or additional fee(s) for the electronic merchant’s common services. Any surcharge and/or additional fee(s) for the electronic merchant’s common services applied towards a user transacting with GoPay may not be higher than the lowest surcharge applied for other payment methods.
The electronic commerce merchant may not impose any minimum amount for any transaction using GoPay.
The electronic commerce merchant may show, or allow GoPay or its aggregator to show, the transaction amount on the electronic commerce merchant’s platform in Indonesian Rupiah (IDR).
The electronic commerce merchant must provide transaction receipt to GoPay users for each successful transaction using GoPay.
The electronic commerce merchant must maintain the terms and conditions for transactions on its platform binding its users and ensure that the delivery of goods or services paid by users will be carried out as per the electronic commerce merchant’s terms and conditions. The electronic commerce merchant must maintain customer service channels accessible by its users. Any claims or complaints made by any party, including the users, with regards to the electronic commerce merchant’s platform, goods and/or services shall be resolved by the electronic commerce merchant as per its terms and conditions.
In the event the electronic commerce merchant offers recurring and/or subscription-based transaction, the electronic commerce merchant must obtain and maintain the express consent from the user for the electronic commerce merchant to bill the user automatically periodically. The electronic commerce merchant must also notify the user that user can cancel such consent at any time and provide contact details for canceling recurring transactions. In the event a user revokes consent of a recurring transaction and/or cancels the subscription, the electronic commerce merchant must immediately cease to charge the user for the next transaction cycle. The electronic commerce merchant must handle and resolve all claims related to non-consented transactions, including by refunding the transaction.
The electronic commerce merchant must show the procedure for a refund on its platform. The refund may only be triggered at the latest 180 (one hundred eighty) calendar days (or other period made available by GoPay) after the transaction date. No refund will be processed after such period.
The electronic commerce merchant are prohibited in any way to collect, store, copy and/or memorize GoPay users’ account linking and/or transaction authentication, including any password or personal identification number (PIN). Further, the electronic commerce merchant may not in any way collect, store, process and/or disclose users’ data without the users’ consent. However, electronic commerce merchant must keep transaction logs for 90 (ninety) calendar days. In the case of GoPay tokenization, only the secure token passed by GoPay to the electronic commerce merchant may be stored by the merchant. Once a GoPay user has opted to unlink their account, such secure token must be promptly and securely deleted by the electronic commerce merchant.
The electronic commerce merchant must ensure at all time that its platform, systems and connections are secure and reliable. Any unauthorized access and/or data breach occurs on and/or from the electronic commerce merchant’s platform and systems must be the sole responsibility of the electronic commerce merchant. The electronic commerce merchant must indemnify GoPay, GoPay’s affiliates and GoPay’s users against any losses, penalty, costs, demands and/or claims arising out of any unauthorized access and/or data breach occurs on and/or from the electronic commerce merchant’s platform and systems.
The electronic commerce merchant must establish measures and educate the electronic commerce merchant’s users to prevent any user’s account takeover on its platform. Any user’s account takeover on the electronic commerce merchant’s platform must be the sole responsibility of the electronic commerce merchant. The electronic commerce merchant must indemnify GoPay and GoPay’s affiliates against any losses, penalty, costs, demands and/or claims arising out of any user’s account takeover on the electronic commerce merchant’s platform.
If GoPay determines, or has reason to believe, in GoPay’s sole discretion, that the electronic commerce merchant is in breach of the GoPay Rules, and without waiving GoPay’s other rights and remedies, GoPay has the right to terminate GoPay acceptance.
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