Terms of Service

• All capitalised terms that are not defined in these T&C shall have the meanings as set out in the agreement and/or the Privacy Policy.

  • words indicating the singular also include the plural and words indicating the plural also include the singular.

  • Unless specifically stated otherwise, reference to a Clause, Sub-Clause, paragraphs, sub-paragraphs shall be construed as reference to the clauses, sub-clauses, paragraphs, sub-paragraphs of this T&C.

Confidential Information is:

• business including but not limited to commercial information, business information, trade secrets or know-how, marketing strategies, ideas, concepts, conditions and financial information, operations, details of personnel, technology and/or design models, processes, procedures and security approach; or

• any information or data relating to concepts and ideas, technologies, formulas or improvements, adjustments or parameterizations of commercial value and not available to the public and including, but not limited to, all confidential and proprietary rights to concepts, documentation, reports, specifications data, hardware and software inventory, hardware, software configuration, network topology, system diagram, database schematic, IP address, source code, object code, flow chart, database, invention, whether patentable or copyrighted or not;

• other information shared by the giver of the confidential information to the recipient of the Confidential Information, which the giver of the Confidential Information has a business, ownership interest or ownership of or has a legal obligation to protect, whether received from a third party or personnel from the giver of the Confidential Information in any form, which by the giver of the information considered confidential and which may in fairness be deemed confidential and which may be received, accessed or obtained by the recipient of Confidential Information, during the term of use of iFortepay's services

Instapay is a billing, catalogue, payment transaction, and/or other service that may be added, upgraded, or updated from time to time, along with the software, applications, and specifications as available therein.

Customer is an individual or business entity that places an order or purchases Products through Instapay.

User is an individual, whether an Indonesian citizen, foreign citizen, or a legal entity that has registered with Instapay and uses Instapay services.

Products are goods and/or services provided or sold by Users to Customers through Instapay.

Transactions are the supply, purchase and sale of Products between Customers and Users through Instapay.

Before being able to use Instapay services, Users must first register and verify. At the time of registration, the User is required to complete personal and/or business entity data information as stated in the Instapay application. iFortepay at its discretion may determine or require other documents or change or add requirements as stated in the Instapay application. The User warrants that all information and/or documents provided to iFortepay in order to register for Instapay services are information and/or documents that are legally owned by the User, true, accurate, and not misleading. In the event that there is misinformation or error on the documents and/or information provided to iFortepay, the User hereby releases and indemnifies iFortepay for any claims from third parties to iFortepay arising from such errors or misinformation.

After receiving information and/or documents from the User, iFortepay will verify the information and/or documents provided by the User. In the verification process, the User is willing and authorizes iFortepay to conduct a later examination of the background, information, and/or documents related to the Customer.

iFortepay will notify the User of the verification results. In the event that based on the results of iFortepay verification the User cannot use the Instapay service, the Parties agree that no demands or claims can be submitted in connection with the verification results. In the event that the User successfully goes through the verification process, the User will receive an account and password to use Instapay services. The User is obliged as long as subject to these T&Cs to maintain the confidentiality and security of the Instapay account.

Instapay services provide access and convenience for Users to make invoicing and payment for Transactions through payment channels as available in the Instapay application. The right to use the Instapay service is non-exclusive, non-transferable, and cannot be sublicensed. Instapay accounts owned by Users cannot be leased and used for the benefit of third parties.

In using Instapay, the User is obliged to provide information and descriptions of the Products correctly and in accordance with the condition of the Products sold or provided. The User agrees and undertakes that the Products sold or provided through Instapay are Products that are permitted under the prevailing laws and regulations in Indonesia. User also warrants that User has obtained all general licenses and special licenses required in order to provide and sell Products through Instapay. The User also further undertakes that the Products as provided, sold, and displayed in the Instapay application are Products that are actually sold and are not a form of masking to carry out transactions or activities that are prohibited and/or contradictory under applicable laws and regulations in Indonesia (“Prohibited Transactions”).

While using the Instapay service, the User is prohibited to:

• reverse engineer, disassemble, decompile, or translate Instapay's services or attempt to obtain non-public software source code or application programming interface and disseminate systematic information of Instapay's information technology;

• transmit viruses, worms or other malicious code to the Instapay application or otherwise interfere with or compromise the Instapay service;

• attempt to access information or data of Customers and other Users; and/or

• use the Instapay service to send spam or other unsolicited email.

iFortepay based on sufficient evidence, has the right to take legal action as permitted under applicable laws and regulations in Indonesia for any form of attempt or activity on the matters prohibited above.

The User acknowledges that the Transaction relationship between the User and the Customer is an independent and separate relationship from the relationship between iFortepay and the Customer arising in connection with the use of Instapay. Thus, the User undertakes and is responsible for any demands, claims or damages submitted by the Customer to the User arising from the Transaction and releases iFortepay from any demands or claims arising from the Customer in connection with the Transaction, including those arising from Prohibited Transactions from the User.

In the event of a violation involving the User's Instapay account, iFortepay will attempt to identify the violation that occurred. Instapay will only provide assistance in identifying violations, all consequences and risks arising from such violations are borne by the User.

The Instapay application provides payment facilities for Users so that Customers can conduct Transactions with payment methods as provided by banks, electronic money providers, or other providers that process Transactions. Payment methods in the Instapay application are payments for Transactions using hyperlinks to direct to one of the payment methods provided. Payment services as available on the Instapay application are subject to the terms and conditions of iFortepay which govern payment gateway services.

Every payment for Transactions using the payment method as available in the Instapay application, will be subject to a number of fees whose amount is stated in the Instapay application. Transaction fees charged to Users are fees charged by banks, electronic money providers, or other payment service providers (as relevant) and iFortepay.

The User may apply for an increase in the limit of Transactions that can be processed and the limit of Transaction funds that can be settled to the User, subject to verification and examination of the documents and information requested by iFortepay.

iFortepay will conduct an examination of the documents and information provided by the User and provide an assessment of the eligibility, legality, financial and administrative of the User to determine the increase in Transaction limit.

Users can reapply for a Transaction limit increase after 30 calendar days since iFortepay gave an assessment of the previous Transaction limit increase application.

iFortepay has the authority to determine the scope of Instapay services including, but not limited to the termination and change of any services or conditions without any notice to Users

iFortepay reserves the right to make changes or limit access or Instapay features to each User without prior notice.

iFortepay may suspend or terminate the account of a registered User or the account of a transferee of a registered User that is sold, offered for sale, given, delivered or transferred.

iFortepay reserves the right to limit, block, slow down, delete or terminate Instapay services from an account, prohibit access to the Instapay application and take other necessary steps, if based on sufficient evidence the User violates applicable laws and regulations in Indonesia, violates the intellectual property rights of related parties, or commits a violation of these T&Cs.

iFortepay reserves the right to deactivate Instapay services for Users with or without prior notice, in the event that the User is known to carry out Prohibited Transactions.

The User agrees that the User's use of Instapay is done at his/her own risk and acknowledges anything contained in the terms, including but not limited to the content, services, goods, advertisements provided as is and as available. iFortepay makes no warranties of any kind, either express or implied, with respect to Instapay services including but not limited to merchantability, non-infringement, title or fitness for a particular purpose or use. iFortepay does not warrant that the Instapay service is compatible with the User's equipment or that the service or email transmitted through Instapay is free of errors or viruses, worms or "Trojan horses," or any other harmful or destructive files and is not responsible for any damage that the User may suffer as a result of such things.

User agrees that iFortepay and its suppliers, agents, directors, officers, employees, representatives, successors and assigns shall not be liable for: (i) any loss or damage, whether caused by the negligence of iFortepay, its parent company, or its affiliates, its suppliers, agents, directors, officers, employees, representatives, successors and assigns, or in any other way arising in connection with the Instapay service and shall not be liable for any loss of profit, damages, punitive damages, incidental or consequential or any claim against iFortepay by any other party or; (ii) any error, inaccuracy, omission, delay, or any other failure in the Instapay service caused by the User's computer equipment or arising from the User's use of the Instapay service on such equipment. The contents of other websites, services, goods, or advertisements that may be linked to or integrated into the Instapay application site services are not maintained or controlled by iFortepay. iFortepay is not responsible for the availability, content, or accuracy of other websites, services, or goods that may be linked to or integrated into or advertised on the Instapay application.

iFortepay shall not:

• make any warranties, express or implied, with respect to the use of any connectors or integrations provided on or to the Instapay service

• warrant the accuracy, completeness, usefulness or adequacy of any other website, service, item, or advertisement that may be linked to the Instapay service; or

• make any endorsement or approval, express or implied, of any other websites, services, goods or advertisements that may be linked to the Instapay application.

iFortepay is not responsible for the reliability or continued availability of telephone lines, wireless services, communication media, and equipment used by Users to access the Instapay application.

iFortepay, its suppliers, agents, directors, officers, employees, representatives, successors and assigns are liable to User against:

• inaccuracies or errors in or omissions from the Instapay application including pricing statements and financial data;

• delays, errors, or interruptions in the transmission of the Instapay application site or the

• loss or damage arising out of or caused by any such delay, error or interruption, or by any other reason for failure of the Instapay service.

In no event shall iFortepay's aggregate liability to pay damages to the User (whether based on negligence or breach of these T&Cs) arising out of or in connection with the provision of Instapay services under these T&Cs exceed an amount equivalent to 100% (one hundred percent) of the transaction fees charged to the User.

The knowledge of iFortepay, its suppliers, agents, directors, officers, employees, representatives, successors and assigns of the possibility of direct, indirect, incidental, consequential, special or punitive damages does not cause iFortepay to be liable for User losses, including but not limited to loss of revenue or profit expected to be earned or loss of business.

Force majeure event shall mean any circumstance not within the reasonable control, directly or indirectly, but only if and to the extent that:

• such circumstance, despite the exercise of reasonable diligence, cannot be or be caused to be prevented, avoided or removed; and

• such event is not direct or indirect result of the failure to perform any of obligations under this T&C.

Force majeure event shall include, but not limited to:

• acts of war or the public enemy whether war be declared or not

• public disorders, insurrection, rebellion, sabotage, riots or violent demonstrations;

• explosions, fires, earthquakes, floods, or other natural calamities and acts of God, or the discovery of hazardous materials;

• strikes or other industrial action by workers or employees of either Party;

iFortepay is not responsible for the non-performance of obligations under these T&Cs to the extent that it is prevented or delayed due to force majeure.

No delay or non-performance by iFortepay caused by the occurrence of any force majeure event shall:

• constitute a breach of these T&Cs; or

• give rise to any claim or damages or additional cost or expense occasioned thereby.

Parties receiving Confidential Information are prohibited from causing their representatives to use Confidential Information which it has obtained or received as a result of discussion leading up to use iFortepay’s services or received as a result of utilizing iFortepay’s services for any purpose except as necessary to implement, implement or enforce these

Terms and Conditions. The party receiving the Confidential Information will implement commercially reasonable administrative, technical and physical safeguards designed to: (a) ensure the security and confidentiality of the Confidential Information; (b) protect against anticipated threats or harm to the security of the Confidential Information; and (c) protect against unauthorized access to or use of Confidential Information. Prior to disclosing Confidential Information to authorized recipients, the Receiving Party must inform them of the confidential nature of the Confidential Information and require them to comply with the terms of these Terms and Conditions. The party receiving the Confidential Information will promptly notify the giver of the Confidential Information if the party receiving the Confidential Information discovers any improper use or disclosure of the Confidential Information and will immediately initiate all reasonable efforts to investigate and remedy the cause of the improper use or disclosure.

Parties receiving Confidential Information may disclose Confidential Information to other parties if:

• disclosure of Confidential Information is required by applicable laws and regulations or Government Agencies;

• disclosure of Confidential Information is required in the context of law enforcement processes either during the investigation, investigation and/or examination stages in court or disclosure is made to a tax authority;

• information is publicly available and becomes publicly available; and/or

• provider of Confidential Information has given prior written consent regarding the disclosure of Confidential Information.

iFortepay and User must maintain the confidentiality and security of the personal data they receive from implementing these T&C, including but not limited to the Customer's personal data.

Any collection, storage, utilization, transmission, disclosure and/or deletion and/or destruction of personal data by iFortepay and User must be approved in advance by the personal data subject and carried out in accordance with applicable laws and regulations regarding the protection of personal data. The data subject who is the owner of the personal data also has the right to change or withdraw his consent, and request the deletion and/or destruction of his personal data.

iFortepay and User agree to always comply with the applicable regulatory provisions regarding personal data protection, including the provisions stipulated in the SNAP governance guidelines issued by Bank Indonesia, including regarding responsibility for customer data security, data protection mechanisms, especially customer personal data. mechanisms for approval, revocation and deletion of data, as relevant to the implementation of these T&C.

User are required to submit proof of consent from the personal data subject to iFortepay, if requested by iFortepay, Service Providers, and/or authorized Government Agencies

Collection, storage, utilization, delivery of disclosure, and/or deletion and/or destruction of personal data must be carried out only for the benefit of the data subject concerned.

Any complaints regarding the iFortepay services as referred to in these T&C can be submitted via iFortepay email with the following address:

PT Iforte Payment Infrastructure

helpdesk@ifortepay.id

All rights and obligations of the Parties arising under these Terms and Conditions must comply with and comply with the regulations in force in the Republic of Indonesia.

iFortepay and User shall perform all of their duties under the agreement (including these T&C) as independent parties. Nothing in the T&C and agreement shall be construed to give either party the power to direct or control the daily activities of the other party. Both iFortepay and User understand and agree that, except as specifically provided in this T&C and the agreement, neither party grants other the power or authority to make or give any agreement, statement, representation, warranty, or other commitment on behalf of the other party, or to enter into any contract or otherwise incur any liability or obligation, express or implied, on behalf of the other party, or to transfer, release, or waive any right, title, or interest of such other party.