Terms and Conditions

PT GPay Digital Asia

Welcome to Gaja, an electronic-money-based mobile payment application service (“Gaja”) operated by PT GPAY DIGITAL ASIA (“we” or “GPay”). Please read these terms and conditions carefully, thoroughly and in full before using the Gaja app services. These terms and conditions for the use of the Gaja app apply to all visitors and users of this Platform (“You”).

By accessing, downloading, and/or using Gaja, you are deemed to have understood and agreed to be bound by these terms and conditions. These terms and conditions serve as an agreement between you and us. If you do not agree with any, part, or all of these terms and conditions, you have the right not to access and/or use Gaja.

We reserve the right to replace, change, suspend or terminate all or any part of this Gaja app at any time or as required by applicable regulations.

YOUR INSTRUCTIONS ARE OUR PRIORITY

• All instructions for using the Gaja app will originate from the mobile or online application.

• You will be asked to authorize your instructions using various types of security information (e.g. PIN, username, password, OTP token) when needed. You are fully responsible for the use and confidentiality of all types of security information used to transact. Make sure you do not tell your security information to anyone else, including our employees/staff.

• After authorization, we will carry out your instructions.

• You understand and agree to the electronic transmission of information used to send your data and all its risks. You release us from all risks and losses that arise.

YOUR SECURITY IS GUARANTEED

• In accordance with our requirements for the use of the Gaja App, you are asked to provide personal data when registering for the first time on the Gaja App.

• Ensure that the data, information, and/or details you provide to Us are true and accurate, and you must re-inform GPay if there are changes to your data, information, and/or details. You can contact Us at hello@gaja.id. Such changes are only effective once received and/or approved by us. If we do not receive any information regarding data changes, we will use the data recorded in the Gaja system.

• We ensure the confidentiality and security of the personal information you provide is well maintained. The use of your data, information, and/or details will be carried out in accordance with these terms and conditions and applicable provisions.

• You bear all consequences and/or losses that may arise from your negligence in updating your data.

WE UNDERSTAND YOU

• We will always be transparent about the Gaja App products/services, including changes to the terms and conditions in accordance with applicable provisions.

• You are required to read and understand the entire contents of these terms and conditions or other provisions in the Gaja App gaja.id according to the service you will enjoy. By accessing and/or using the Gaja App, you acknowledge that you have read the entire contents of these terms and conditions at the time you registered on the Gaja App. You also fully understand and agree to all of these terms and conditions.

• We may launch and develop certain features in beta versions, which may not function properly or the same as the final version. We are not responsible for system failures you experience due to using beta version features. We will develop those beta version features to the maximum so they can be used optimally.

• We may also restrict certain features or limit your access to part or all of the Gaja App at our own discretion and without any obligation to notify you.

• If there are questions or feedback regarding the Gaja App, user service is ready to help you.

DEFINITIONS

1. “PT. GPay Digital Asia” or “GPay” or “We” is a limited liability company established under the laws of the Republic of Indonesia, domiciled in Central Jakarta and engaged in the electronic money service system named Gaja.

2. “Gaja App” is the electronic-money-based mobile payment application product/service operated by PT. GPay Digital Asia and downloaded / installed on the User’s smartphone.

3. “User” or “You” is the user of the Gaja app, whether registered or unregistered.

4. “Account” is the special identification created in the Gaja app based on the User’s registration request.

5. “Balance” is an amount of money held in the Account.

6. “Merchant” is a client who is legally registered and cooperates in using the payment services provided by Gaja.

7. “User Service (Gaja Call Center)” is the customer service center for Gaja app users, which can be contacted by phone at 021-29186667 and/or email hello@gaja.id.

REQUIREMENTS AND PROCEDURES FOR USE

1. You may access or use the Gaja App after you complete the registration process and have an Account on the Gaja App, subject to the terms and conditions as we determine from time to time.

2. The following requirements must be met in order to register on the Gaja App:

a. be 17 years of age or older;

b. an Indonesian Citizen or Foreign Citizen; and

c. possess a KTP / SIM / KITAS / PASSPORT.

3. Registration can only be done through the Gaja App, which can be downloaded via the Apple store and Google play store. Therefore, the (prospective) User must have a smartphone meeting the minimum criteria to download the Gaja App and have an active and valid Indonesian mobile number to receive the SMS we send.

4. As a prerequisite, you must provide your own active email address with adequate capacity to receive the messages we send. We are not responsible for the validity, ownership, activity, and capacity of that email address.

5. You declare that all data and information you provide on the Gaja App is true and accurate. We do not have the capacity to verify your data and information and therefore, we are not responsible for the authenticity, truth, and validity of all your data and information that you provide to us.

6. You are fully responsible for all transactions that occur on and the use of your Account.

7. You agree to use your own Account and promise not to allow others to use your identity or Account. You must keep your Account password confidential, as well as any access or identification you have created or that we have given you. In the event of disclosure or leakage of your password, access, or identification that causes your Account or identity to be used by a third party, then any activity or command arising from that Account will be deemed valid and remains your responsibility.

8. In using fingerprint login on the Gaja App, you must comply with the following Gaja provisions:

a. have downloaded the Gaja app on your smartphone; and

b. have at least one fingerprint registered on the smartphone.

9. If you want to log in using a fingerprint, you must activate the fingerprint service at the first login after successfully creating an Account or from the profile settings list within the Gaja App.

10. After the fingerprint feature is activated, you can log in and access the account using the fingerprint scanner on your smartphone.

11. We are not responsible for any misuse by other parties whose fingerprints are also registered on your smartphone.

12. We are not responsible for any losses experienced by the User in connection with fingerprint login (whether intentional or unintentional) or use of the Gaja app, including losses arising from:

a. violation of Gaja App provisions related to the fingerprint login process;

b. unauthorized access processes and/or use of electronic devices contrary to applicable regulations;

c. use by other parties of information or data related to the User due to using fingerprint login on the Gaja App and/or obtained from the User’s use when signing in via fingerprint login or through the Gaja App;

d. access to the Gaja App with fingerprint login by parties other than the User;

e. any event beyond our control or due to unreasonable use and/or the occurrence of a force close during fingerprint login or while using the Gaja App.

13. We are not responsible for any loss or consequence whatsoever due to the unauthorized use of your password or your failure to comply with these terms and conditions.

14. If required by applicable legal provisions, we reserve the right to ask you to fill in and/or provide certain other information, data and/or documents.

15. After the registration process is completed, the Account will be opened by Us. Initially, the Account has no balance and must be topped up by the User in order to transact at merchants. All other transactions, including withdrawals and/or transfers out of the Account, can only be carried out after We complete the verification process in accordance with the Gaja App provisions and applicable laws and regulations and the Account is fully active.

16. In the event your Account is closed and you intend to reopen your Account, you must register again.

17. If your registration application is rejected after the verification process by us, then the Account will be closed automatically. If there are funds in the Account, we will return all funds in your Account (without fees and/or interest) by transferring the funds to your account that you inform to us. We will contact you via email and/or phone to obtain that account information (if not yet registered).

18. In the event the User transfers funds via the Gaja App to a bank outside Indonesia in a currency different from the account held, we reserve the right to convert using the exchange rate prevailing at the time the conversion is made. You acknowledge and are responsible for the risk of exchange rate fluctuations in connection with such currency conversion.

19. You release us from all losses, liabilities, claims, and costs (including legal costs) that may arise in connection with the execution of your instructions unless the transaction was carried out due to our fault.

20. Debiting and crediting of accounts is done through cash top-up, incoming or outgoing fund transfers, or other similar means provided by us, which will be carried out based on the User’s instructions.

21. The Account is the basis of all your relationships with us and if the Account is closed, then additional accounts and other services related to the account on the Gaja App will also be closed.

22. Account closure may be carried out by the User by contacting User Service (Gaja Call Center) by phone at: 021-29186667 or email to hello@gaja.id. Further provisions regarding Account Closure are in section XII below on “Account Closure”.

23. In the event of a dispute between the User and a party appointed by the User or between parties claiming to be the User’s heirs, we reserve the right not to make payment to anyone until the dispute is resolved as evidenced by a settlement document or a court decision that has permanent legal force. In connection with this, we reserve the right to verify and request the necessary documents.

24. Your Account may only be used by you and cannot be transferred or assigned in any form and by any means to other parties.

25. The User is prohibited from creating and/or using devices, software, features and/or other tools intended to manipulate data on the Gaja system in any form and in any activity within the Gaja App.

26. Except as expressly permitted under these Terms and Conditions, you are prohibited from carrying out unlawful or unauthorized acts and/or acts inconsistent with the purpose of Account ownership and/or use of the Gaja App, including:

a. committing legal violations;

b. carrying out activities or transactions that contradict or are inconsistent with applicable laws and regulations;

c. accessing or attempting to gain unauthorized access to the Gaja App, or its related systems, networks, or servers;

d. in any way and without right or unlawfully changing, adding, reducing, transmitting, damaging, removing, moving, transferring, and/or hiding electronic information and/or electronic documents belonging to us or to the public;

e. sending material containing viruses, worms, trojan horses, code, files, scripts, or programs that damage, disrupt or are harmful to the Gaja App, or its related systems, networks, or servers;

f. obstructing, interfering with, disrupting and/or damaging the performance, integrity or performance of the Gaja App, or its related systems, networks, or servers or the data contained therein;

g. reverse engineering or accessing the Gaja App or our software in order to (i) create an imitation of the Gaja app or similar products or services, (ii) copy the ideas, features, functions, graphics and/or design of the Gaja app, and/or (iii) create products or services using ideas, features, functions, graphics and/or designs similar to the Gaja App;

h. copying, modifying, adapting, translating, creating derivative works, distributing, disseminating, transmitting, selling, reselling, transferring, disassembling, compiling, or licensing or sublicensing any part of the Gaja App;

i. creating links to the Gaja App or creating a ‘frame’ or ‘mirror’ of any part of the Gaja App to any server or wireless device or internet-based device;

j. launching programs or scripts, including web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses, worms, or programs that cause or may cause multiple requests at once to the server within seconds, or that without authorization obstruct or burden the performance of the Gaja App;

k. hacking or attempting to hack or modifying the Gaja App or its related systems, networks, or servers owned or managed by Us;

l. acting as if you are another person or entity or giving a false impression or statement regarding your affiliation or relationship with a person or an entity; and/or

m. carrying out actions or attempts that may cause losses to Us, and/or damage the reputation or cause defamation or insult to Us.

27. You agree to comply with every requirement and provision of the authorized institutions (such as PPATK, KPK, Bank Indonesia, OJK, or other authorized institutions) including agreeing that We may request from you and provide any data and/or information as required by those authorized institutions.

PRIVACY POLICY

You agree that the information and personal data you provide to us, whether through the Gaja App, email, phone, and other forms of communication, is collected, stored, and processed in accordance with the requirements of our privacy policy. We reserve the right to update or change the privacy policy at any time, and to announce the latest version of our privacy policy in the Gaja App.

BENEFITS

1. The Gaja App is available for Users to carry out all financial and non-financial transaction services provided by Us, except for cash transactions. The User will be assisted by User Service (Gaja Call Center).

2. User Service (Gaja Call Center) is available for User assistance services such as submitting questions related to the use of the Gaja App or complaints.

RISKS

1. The User is responsible for ensuring that all data, information and instructions provided to Us are correct, true and complete. We are not responsible for any impact that may arise due to negligence, incompleteness or unclear data, information and/or instructions provided by the User.

2. For every transaction in the Gaja App, the data and/or instructions provided by the User will be deemed correct, true and valid for Us to carry out.

3. The User hereby agrees that We reserve the right not to carry out the User’s instructions in certain circumstances including the following:

a. the balance in the User’s Account is insufficient;

b. the Account is subject to seizure or block; and/or

c. We have reason to suspect fraud or other criminal acts.

4. If a dispute occurs between the User and a third party, We reserve the right not to make payment or transfer to anyone until the dispute is resolved as evidenced by supporting documents and/or a court decision with permanent legal force. In connection with this, We reserve the right to verify and request the relevant necessary documents.

5. The User hereby agrees that We reserve the right to temporarily suspend services through the Gaja App for a certain time for maintenance and/or other purposes, with or without prior notice to the User and without any obligation to be responsible to anyone.

6. The User hereby agrees that We have the absolute right to update, modify, or change any website or software (including the Gaja App or other applications) used to access the Gaja App at any time, without notice and without giving any reason.

7. The User hereby agrees that We reserve the right to no longer support previous versions of the software (mobile app) used. If the User fails to update the software or use the enhanced version, We are not responsible for any consequences that arise.

8. We are not responsible for the use of the Gaja App on devices not supported by the Gaja App, including jailbroken or rooted devices.

SECURITY INFORMATION

1. Security information in the form of User name, password, OTP (One Time Password), QR code, and PIN will be required for login, device activation, and to carry out every transaction that We deem necessary for authentication. For security information to be determined and set by the User, the User must use a strong password and not enter easily guessed passwords or personal information such as date of birth and address. The User is fully responsible for the security and confidentiality of all use of the Gaja app.

2. Security information is confidential and the responsibility of the User, because such information has validity equivalent to written instructions created, agreed and signed by the User, and will be treated as explicit authorization by the User for us to carry out transactions through the Gaja App.

3. We will not ask for your username, password or PIN as a security tool for login and transactions on the User’s Account for any reason. The User is prohibited from providing such data to any party claiming to be GPay or other parties including GPay employees/staff.

4. The User is responsible for the security of the User’s Account, whether username, password or PIN.

5. We will apply a verification process that meets Our standards to enable the User to carry out financial and/or non-financial transactions.

6. The User releases Us from all losses, liabilities, claims and costs (including legal costs) that may occur in connection with the execution of instructions from the user to Us unless the transaction is carried out due to Our fault.

7. The User also releases Us from all matters that occur due to the use of software outside the instructions given by Us to access the Gaja App.

8. The User is also responsible for the performance and security (including taking all necessary steps to prevent unauthorized use or access) of any equipment used by the User to access the Gaja App.

9. The User must ensure that the equipment used to access the Gaja App is free from electronic, mechanical failures, failed or corrupt data and any viruses, bugs and/or harmful software not permitted by the telecommunications service provider or the manufacturer or vendor of that equipment. The User must also ensure that the User does not jailbreak, root or modify mobile devices and/or other equipment or download unauthorized applications because this can make the device more vulnerable to viruses and malware.

10. The User agrees that We are not responsible for electronic or mechanical failures, or corrupted data, computer viruses, bugs and/or other harmful software of any kind that may arise from services provided by the internet service provider or information service provider.

11. The User releases Us from any losses and/or legal impacts arising from violations of the fund withdrawal provisions that result in the User being listed in the blacklist commonly called the National Customer Blacklist (DHN) issued by Bank Indonesia and/or the Financial Services Authority.

12. By transacting through the Gaja app, the User understands that all communications and instructions from the User received are evidence even if not made in the form of a written or signed document, and therefore, the User agrees to indemnify and release Us from all losses, liabilities, claims and expenses (including litigation and non-litigation costs) that may arise in connection with the execution of the User’s instructions.

BOOKKEEPING

The recording of each transaction that occurs in the User’s Account and changes to the Balance due to transactions will be provided in a format that We determine.

FEES

We may charge fees for the use of services on the Gaja App. Information regarding fees and other related details can also be obtained by contacting User Service (Gaja Call Center) by phone at: 021-29186667 or the Gaja site/website and app.

GOVERNING LAW AND JURISDICTION

1. The interpretation and implementation of these Terms and Conditions are governed by and subject to the laws applicable in the Republic of Indonesia.

2. For matters related to the Terms and Conditions and all their consequences, the User chooses a permanent and general legal domicile at the office of the Registrar of the Central Jakarta District Court without reducing Our right to file legal claims or lawsuits against the User in other courts in Indonesia in accordance with applicable law.

3. These Terms and Conditions have been adjusted to laws and regulations including the regulatory provisions of the Financial Services Authority and Bank Indonesia.

STATEMENTS AND AUTHORITY

1. The User hereby declares that all data, descriptions and signatures of the User on the Gaja App used by the User, various other supporting documents related to the Gaja App, instructions for using the User’s facilities, as well as the authority given by the User to third parties (if any) and the authority given to Us are true, accurate and valid and binding on the User’s Account. The User must immediately notify Us of changes to name, address, phone number, KTP/SIM/KITAS/PASSPORT and other matters that differ from the data/description previously provided by the User to Us regarding the User’s Account. The User’s negligence in notifying Us of such changes is entirely the User’s responsibility.

2. The User hereby declares that:

a. GPay reserves the right to test the validity of the data provided by the User on the Gaja App related to opening an account or the Gaja app to obtain Our facilities/services and to request additional data we need.

b. GPay has provided adequate explanation regarding the characteristics of the Gaja App to be used and the User has understood all the consequences of using the Gaja App, including benefits, risks and fees.

3. The User hereby declares that it grants authority to GPay to directly debit the Balance for transaction purposes.

4. The User hereby gives consent and permits Us to provide the User’s personal data including name, email and mobile number of the User to Our parent, affiliated companies, and subsidiaries, advertising vendors, and/or other third parties cooperating with Us for administrative purposes, the offering of financial products/services as well as other promotions that We consider attractive to you, and/or in the framework of service improvement.

5. The User hereby declares that the User understands and is fully aware of all risks that may arise from transactions and is fully responsible for the transactions processed, including in the event of Account misuse.

6. The User hereby declares that the User is willing to be visited and/or contacted by GPay through the User’s personal communication means, to convey information (including products and/or services), on business days from 09.00 – 18.00 local time.

7. The User hereby declares that the User releases Us from all claims/lawsuits for damages arising from system failures and/or communication facilities caused by external factors beyond Our control.

8. The User hereby declares that the User will submit to and be bound by all Terms and Conditions in using the Gaja App.

9. All authority given by the User in these Terms and Conditions is given with the right of substitution and as long as the User’s obligations to Us are not fully completed, such authority will not be withdrawn or terminated for any reason, including the reasons mentioned in Article 1813 of the Civil Code, because such authority is an inseparable component of the existing Terms and Conditions.

10. The User agrees and acknowledges that GPay has the authority to enhance, change or supplement these Terms and Conditions in accordance with applicable provisions. Any change, addition or update to these Terms and Conditions will be socialized through the User’s email or other communication/information means and the User will be bound by such changes.

LICENSE AND INTELLECTUAL PROPERTY RIGHTS

1. The Gaja App and all content, including text, copy, themes, designs, illustrations, photos, artwork and all other content or material (“Content”) within the Gaja App belongs to GPay, the licensor, or the content provider, and is protected by copyright, trademark, the laws of the Republic of Indonesia and/or other countries (where applicable).

2. We grant you a limited, non-exclusive, non-transferable or non-assignable, and non-sublicensable license to download and install a copy of the Gaja App on an electronic or mobile device or phone that you own or control and to use the copy of the Gaja App solely for your own personal, non-commercial purposes, provided that you do not change or remove the copyright, or trademark of the Content.

3. We do not grant any rights or licenses to you and the use of the Gaja App does not mean consent or the granting of any rights or licenses to you. Every part of the Gaja App will remain Our property except as expressly stated in these Terms and Conditions.

4. GPay, the licensor, or the content provider has full rights over the Content, including intellectual property rights and the right to grant licenses over the Content that may be revoked at any time according to Our policy. We strictly prohibit the misuse of Content including the misuse below:

a. downloading, copying, or other use of the Content or the Gaja App for the purpose of competing with the Gaja App or for the benefit of other vendors or third parties;

b. changing, distributing, disseminating, organizing, broadcasting, publishing, uploading, licensing, manipulating, transferring or selling, or creating derivative works, of any Content, products or services taken from the Gaja App.

c. uploading, posting, or disseminating any material containing software viruses or computer code, files or programs designed to interfere with, destroy or limit the use of a computer, the use of hardware or software intended to intercept, or retrieve information (such as system or personal data) from a website, including the use of scraping or data retrieval method techniques, spider robots or similar tools; or

d. actions that cause or may cause use with a large or unreasonable or disproportionate load or damage that interferes with the performance of the Gaja App infrastructure.

5. We do not warrant or represent that the use of Content within the App will not infringe the rights of third parties not affiliated with Us.

6. The termination of access to or use of the Gaja App will not waive or affect Our other rights under applicable law.

FORCE MAJEURE

1. The User will release Us from all claims for Our failure to carry out part or all of the User’s instructions caused by events or causes beyond Our control or ability (“force majeure”). Force majeure includes but is not limited to natural disasters, war, riots, hardware conditions, failure of electronic or transmission infrastructure systems, power disturbances, telecommunications network disturbances, internet network disturbances, clearing system failures or other matters determined by Us or determined by other authorized institutions.

2. After the end of the force majeure, We will resume the execution of those instructions within a period in accordance with the provisions of Bank Indonesia and/or the Financial Services Authority.

ACCOUNT CLOSURE

1. The User agrees that We have the right and authority to permanently close or block, or temporarily freeze the account and/or Our other services/facilities at Our own discretion as well as to charge account closure administration fees and other fees that may arise because:

a. the account held by the User is suspected of having been misused including to accommodate and/or commit criminal acts and/or fraud has or will occur related to the account and/or service/facility including that which causes losses to the public and/or GPay;

b. the User provides data/information that We consider suspicious and/or provides false/invalid/incomplete data/information, and/or is unwilling to provide any data/information We request in accordance with applicable law or is subject to screening sanctions under regulations applicable at GPay and/or screening sanctions in the recipient country;

c. the User’s data profile is identical to the List of Suspected Terrorists and Terrorist Organizations (DTTOT) and the List of Funding for the Proliferation of Weapons of Mass Destruction;

d. a written request from the Police, Prosecutor’s Office, Court, the Financial Transaction Reports and Analysis Center (PPATK), the Tax Office, or other authorized parties in accordance with applicable law or to fulfill obligations/debts that have not been settled by the User to Us;

e. at the request of you or your heirs;

f. Our policy based on applicable laws and regulations;

g. force majeure occurring for 3 (three) months or more consecutively; and/or

h. other causes.

2. The User’s Account will be closed automatically if the User:

a. passes away;

b. is under guardianship; or

c. does not have or loses the right to manage, administer, or own assets;

in which case the User’s Account will be closed/liquidated and the Balance will be returned to the appointed party/heir/legitimate successor in accordance with applicable laws and regulations and the requirements determined by Us. We reserve the right to examine the completeness and validity of the supporting documents submitted to Us.

3. We will return the Balance in the manner We determine after deducting any amounts owed (if any), unless based on Our consideration, We must withhold part of the Balance due to suspicion that such part is related to or resulted from fraud and/or other legal violations.

4. If the Balance exceeds Rp 50,000,- (fifty thousand Rupiah) then the refund will be carried out using the book-transfer method to your account. The funds will be received no later than 14 (fourteen) business days from the date of Account closure.

5. You agree that fees arising from Account closure will be charged to you by deducting the Balance.

6. A request for Account closure by the User can be done by visiting Our office. If the User is unable to come to Our office, account closure can be represented by bringing a power of attorney for Account closure signed by the User.

7. If the Balance is less than Rp.50,000,- (fifty thousand Rupiah) then the refund will be carried out in cash less applicable fees, if any.

8. All of these terms and conditions cannot be contested.

MISCELLANEOUS PROVISIONS

1. These Terms and Conditions become effective from the time you access the Gaja App and apply for as long as you access and/or use the Gaja App actively or passively. These Terms and Conditions (together with the Privacy Policy) serve as a valid agreement and are enforced electronically in accordance with applicable laws and regulations and bind Us and You.

2. These Terms and Conditions may be amended and updated at any time and without prior notice to you. We recommend that you carefully read and check this Terms and Conditions page from time to time to be aware of any changes. By continuing to access and use the Gaja App, you are deemed to agree to all changes to the Terms and Conditions.

3. In the event that one or more provisions in these Terms and Conditions become invalid, void or unenforceable under applicable law, then the invalidity, voidness or unenforceability of such provision will not affect the validity, legality, and enforceability of the other provisions in these Terms and Conditions.

4. You may not transfer part or all of your rights and/or obligations under these Terms and Conditions. We reserve the right to transfer part or all of Our rights and/or obligations to any party, which We will notify you through changes to the Terms and Conditions.

CONTACT US

1. You may submit suggestions, requests, complaints or questions related to the Gaja App every Business Day from 08.00-17.00 WIB through the email address: hello@gaja.id and/or by phone at: 021-29186667.

2. To respond to your suggestions, requests, complaints or questions, We will verify your information or data.

3. We reserve the right to refuse to process or respond to your suggestions, requests, complaints or questions in the event that the information or data you provide does not match your information or data in Our system.

4. We will verify each of your suggestions, requests, complaints or questions and provide a response in accordance with these Terms and Conditions as well as Our internal procedures and policies applicable from time to time.