By using, downloading or installing any element of the Product (as defined below), you indicate that you have read, understood, and agree to be bound by these Instapay Terms of Service ("Terms").
These Terms govern your use of the Product and form a legal contract between PT. MCP Indo Utama ("MC Payment", "Instapay", "we" or "us") as the owner of Instapay application and you ("Merchant" or "you"). If you are an individual accepting these Terms on behalf of a company or entity, then you are binding the company or entity to these Terms and represent and warrant that you have full power and authority to do so. Instapay may modify these Terms from time to time as described in point 4.2 below.
PLEASE READ CAREFULLY THESE TERMS OF SERVICE. MERCHANT SHOULD UNDERSTAND, ACCEPT, AND AGREE TO ALL THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE BEFORE USING INSTAPAY APPLICATIONS.
- In this Agreement, a Merchant is an individual, whether an Indonesian citizen, a foreign citizen, or a legal entity that has registered with the InstaPay application and pays for certain services which may be provided by the InstaPay application.
- In this Agreement the Product(s) are all services, software, and applications provided by Instapay to provide facilities for making invoices and making payment transactions.
- By accessing and using the Instapay application service, such Merchants in point 1a consciously and without coercion from any party express themselves agree to be bound and accept all the terms and conditions contained in this agreement.
- The Merchant accepts this provision and any additions or changes or updates thereof. Merchant understands and knows consciously that MC Payment may change this Terms of Service at any time.
2. Product Usage
- Merchants are required to enter full data correctly and in accordance with the applicable requirements when registering in InstaPay application.
- Merchants who create accounts in the InstaPay application, hereinafter also referred to as registered Merchant, posseses an account name and password when completing the account registration process.
- Instapay is entitled to verify Merchant registration, and makes any adjustments related to the Merchant to ensure the security and smoothness of the service.
- Merchant is responsible for maintaining the confidentiality and security of the account and password provided on the InstaPay application.
- Merchants may access and use Instapay products and services for their business purposes provided they are in accordance with the terms of service. This includes the right to download products on the appropriate devices owned by the Merchant. You may allow your employees to act on your behalf, as long as you are responsible and follow the terms of this service.
- Merchants may invoice and receive payments through the facilities provided by Instapay as set forth in Article 3 (Payments Through Instapay) in this terms of service.
- Merchant is required to provide a description of the right goods or products and in accordance with the state of the goods or the actual product and as complete as possible
- Your rights to use Instapay products are non-exclusive, non-transferable and non-sublicenseable. You are not permitted to: (i) rent, lease, reproduce, modify, create derivative works of, distribute or transfer the Product; (ii) use the Product for the benefit of any third party or incorporate the Product into any other product or service; (iii) circumvent mechanisms in the Product intended to limit your use; (iv) reverse engineer, disassemble, decompile, or translate the Product or attempt to derive the source code of the Software or any non-public APIs; (v) publicly disseminate information regarding the performance of the Product; (vi) access the Product to build a competitive product or service; (vii) submit any viruses, worms or other harmful code to the Product or otherwise interfere with or cause harm to the Product; (viii) seek to access information or data of other Instapay customers; (ix) use the Product to transmit spam or other unsolicited email; or (x) use the Product except as expressly permitted herein.
- The Merchant is solely responsible for any activities on behalf of a Merchant account and is prohibited from using Instapay facilities to: (i) violate applicable laws and including but not limited to regulations on export control, consumer protection, unfair competition, anti-discrimination or false advertising, other parties, intellectual, basic, and other rights, and the rules provided for in this agreement; (ii) disseminate inaccurate, misleading, information, and services, information, and libelous, defamatory, libelous, pornographic, discriminatory or racist; (iii) spreading spam, immoral matters, or large electronic messages, serial messages; (iv) to purchase goods or products prohibited under the laws and regulations of the Republic of Indonesia including but not limited to counterfeit and/or imitation goods, contraband, narcotics and illegal drugs and addictive substances with derivatives derivatives, liquor, goods or products containing pornography and/or vandalism and/or violence and/or terrorism, goods or products containing elements of SARA (Ethnic, Race, Religion, Intercommunity), firearms and sharp weapons, stolen goods, plants and animals protected by law, human trafficking, moving vehicles such as two-wheeled vehicles and illegally modified four-wheels, health products and/or pharmaceutical substances prohibited from sale generally traded without written permission from the authorities.
- Merchant must promptly notify MC Payment of any alleged unauthorized activities in the name of the Merchant account.
- MC Payment shall not be liable for Merchant's activities and shall not be held liable by anyone in respect of any losses suffered by any other party as a result of the actions of the Merchant.
- Goods or merchandise sold by Merchants are the sole responsibility of the Merchant.
- Where with the limited capacity of MC Payment in identifying violations, then all consequences, risks are the sole responsibility of Merchants.
- Merchants may terminate the terms of this service by ceasing all forms of use of the Instapay service and the deletion of applications or software.
3. PAYMENT TRANSACTION THROUGH INSTAPAY
- The Instapay app provides a means of payment for merchants in order for buyers to make electronic payment transactions online using several payment methods already in place such as Visa and Mastercard credit/debit cards, as well as internet/mobile banking services. The form of trade transactions conducted between merchants and buyers as mentioned above using a trading transaction facility called "Payment Link". InstaPay application payment links constitute payment transactions using hyperlinks to direct "Buyer" in order to make electronic payments online using one of the payment methods provided.
- Each transaction using the Instapay application payment link is subject to a Merchant Discount Rate (MDR) for credit/debit card payment methods, and certain transaction fees for other payment methods. All payment methods are inclusive of applicable Bank and Tax administration fees. The percentage value and or the amount of the nominal value refers to the standardization already set by MC Payment as the owner and manager of the Instapay application.
- MC Payment is responsible for the security and reliability of online payment transaction process provided by Instapay.
- MC Payment is responsible for delivering/settlement of Merchant transaction proceeds. Merchant will receive the settlement of payment transaction result from MC Payment after reconciliation within 2 working days after transaction occured.
- In the event of a chargeback request by the buyer due to the buyer's fraud or discontent, the Merchant has full responsibility for the chargeback transaction and is willing to pay the loss and release the MC Payment from responsibility for the Chargeback.
- In the case of a merchant selling goods or products and/or services where there is a dispute with the buyer because of the incompatibility of the goods or products and/or services received by the buyer pursuant to the agreed sale and purchase agreement between the merchant and the buyer and/or goods or products and / or services the buyer receives, so long as the payment fund has been transferred to the merchant from the Instapay application provider, the Merchant as the seller is obligated to refund the buyer the amount minus MDR fee, the deposit account fee and the transfer fee and the merchant can withdraw the goods and/or products and/or services purchased.
4. AUTHORITY OF SERVICE PROVIDER
- MC Payment has the authority to determine the scope of services provided including but not limited to terminating and changing any services or conditions without notice to the Merchant.
- MC Payment may modify or renew this Agreement at any time by including the term that has been amended or updated within the InstaPay application and shall be effective as of published. Merchants are required to read at all times the new terms and conditions.
- MC Payment reserves the right to restrict or deny access, or grant different access to open InstaPay applications and features thereon to any Merchant or replace any features or include new features without prior notice.
- MC Payment reserves the right to cooperate with the seller hereinafter referred to as the Merchant as a third party who sells the product or goods through the sales channel owned.
- MC Payment may suspend or terminate a registered Merchant account or the account of the party receiving the transfer from registered Merchant sold, offered for sale, given, submitted or transferred in violation of this terms of service.
- MC Payment reserves the right to restrict, block, slow down, delete or terminate the services of an account, prohibit access to the InstaPay application and take legal steps to protect registered Merchants or other Merchants if MC Payment considers registered Merchants or other Merchants to violate the laws in effect, infringe the intellectual property rights of the parties concerned, or commit an offense in violation of this terms of service.
- In the event that a merchant is known and proven to sell goods that are not in compliance with the terms of this agreement, MC Payment as the owner and manager of the InstaPay application service shall be entitled to disable the merchant's activities with or without prior notice.
- Instapay may use customer names and logos in Instapay marketing materials.
5. OWNERSHIP OF LICENSE AND INTELLECTUAL PROPERTY
- MC Payment is the sole owner of the rights or licenses in or to the services and materials contained in the InstaPay application other than limited rights to utilize the InstaPay applications set forth in this terms of service.
- Intellectual property of InstaPay applications owned by MC Payment includes, but is not limited to logos, text, content, photographs, video, audio and graphics, goods protected by copyrights, trademarks, service marks, international agreements , and/or other proprietary rights and laws of the Republic of Indonesia. The InstaPay application is also protected as a collective work or compilation under the Copyright Act of the Republic of Indonesia or the Law and other agreements. All articles, columns and other elements that are part of the InstaPay app site service are also the work of copyrighted work.
- In the event that Merchant chooses to download the contents of the InstaPay application, it shall be made pursuant to this terms of service and will be licensed to the Merchant by the MC Payment only for the Merchant's own non-commercial use pursuant to the agreement and shall not transfer any other rights to the Merchant.
- Submission of the material by Merchant to the InstaPay or MC Payment app services is to grant to MC Payment a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy and display the contents of such material worldwide in any form, medium, or technology known today or developed. The Merchant also permits any other Merchant to access, store, reproduce the material for its own use by the Merchant. Merchant grants MC Payment rights to use the name Merchant submits in connection with such content. Merchant acknowledges and warrants that the Merchant owns or otherwise controls all rights to material that the Merchant submits, that the submitted material is true and accurate, that the use of the submitted material does not violate this Agreement and shall not cause harm to any person or entity and that Merchant shall guarantee MC Payment and its suppliers, agents, directors, officers, employees, representatives, successors and beneficiaries of all claims caused by material that Merchant submits. MC Payment and its suppliers, agents, directors, officers, employees, representatives, successors and beneficiaries deny any responsibility and are not responsible for any material submitted by the Merchant or any third party.
6. DISCLAIMER OF WARRANTIES
Merchant agrees that the usage of InstaPay application is exercised at its own risk and acknowledges anything contained in the InstaPay application including but not limited to content, services, goods, advertisements provided as is and as available and that MC Payment does not make warranties of any kind, whether expressed or implied, with respect to services including but not limited to merchantability, non-infringement, proprietary rights or fitness for a particular purpose or use. MC Payment does not guarantee that the service of InstaPay application site is compatible with Merchant equipment or that the service or email sent by MC Payment or its representative is free of errors or viruses, worms or "Trojan horses," or any other harmful or damaging files and is not responsible for any damage the Merchant may suffer as a result of such destructive features. Merchant agrees that MC Payment and its suppliers, agents, directors, officers, employees, representatives, successors and beneficiaries are not liable for: (i) any loss or damage, whether caused by the negligence of MC Payment, its parent or their respective affiliates, suppliers, agents, directors, officers, employees, representatives, successors and beneficiaries, or in any other manner arising in connection with the InstaPay application's website services and shall not be liable for any loss of profit, loss or loss due to unintentional or consequential penalties or any claim against MC Payment by any other party or; (ii) any errors, inaccuracies, omissions, delays, or any other failures in the InstaPay application site services caused by Merchant's computer equipment or arising from the use of services by the Merchant on such equipment. The contents of other websites, services, goods, or advertisements that may be linked or integrated into the InstaPay application's site services are not maintained or controlled by MC Payment. Therefore, MC Payment is not responsible for the availability, content, or accuracy of web sites, services, or other merchandise that may be linked to or integrated into or advertised on InstaPay application. MC Payment shall not: (a) make any warranty, expressly or implicitly, in connection with the use of links or integration provided on or to the InstaPay application site's services; (b) ensure the accuracy, completeness, usefulness or adequacy of any web site, service, merchandise, or other advertisements that may be linked to the InstaPay application's site service or; (c) make any approval or endorsement, expressly or implicitly, for any web site, service, merchandise, or other advertisements that may be linked to the InstaPay application. MC Payment is also not responsible for the reliability or sustainability of the availability of telephone lines, wireless services, communication media, and equipment that Merchant uses to access InstaPay applications. Merchants understand that MC Payment and/or third-party contributors to InstaPay applications may choose at any time to restrict or prohibit access to their content under a contractual agreement. Accordingly, regardless of what is otherwise provided in the terms and conditions of the agreement, MC Payment, its suppliers, agents, directors, officers, employees, representatives, successors and beneficiaries are not directly or indirectly liable in any way to the Merchant or any any other person for any: (a) inaccuracy or error in or omission of the InstaPay application including but not limited to pricing and financial statements; (b) delays, errors, or interruptions in the transmission or delivery of the InstaPay site's application service or; (c) loss or damage arising out of or caused by any such delay, error or interruption, or by any other reason for failure. (iii) However, including but not limited to negligence, MC Payment, its suppliers, agents, directors, officers, employees, representatives, successors and beneficiaries shall not be liable to Merchants for any direct, indirect, incidental, consequential, special or even if MC Payment has been specifically notified of the possibility of such damages arising out of any terms of the treaty agreement, such as but not limited to loss of income or profits expected to be obtained or loss of business, applicable law may not loose the restriction or waive liability or incidental or consequential damages. However, MC Payment's total liability to the Merchant for all damages, losses and causes of good actions in the contract and any errors including but not limited to negligence does not exceed the amount paid by the Merchant if any to access the InstaPay application.
7. LIMITATION OF LIABILITIES
Merchant agrees at its own expense to guarantee, defend and hold MC Payment, its suppliers, agents, directors, officers, employees, representatives, successors and beneficiaries of and against any and all claims, damages, liabilities, fees and expenses including attorneys' fees and reasonable experts arising from or in connection or any relationship with the InstaPay application including but not limited to; (i) Use of InstaPay application by a Merchant or someone using your computer; (ii) Use by a person using a Merchant account; (iii) a breach of an agreement by the Merchant or anyone using your computer or Merchant account where relevant; (iv) a claim that any use of the InstaPay app site service by Merchant or any person using a Merchant's computer or Merchant account if it is relevant infringes any intellectual property rights of any third party, or any right of privacy or publicity, damages the good of others or otherwise causing any loss or damage to any third party; (v) any deletion, addition, inclusion or alteration to or any unauthorized use of the InstaPay site's application service by Merchant or any person using Merchant's computer or Merchant account where relevant; (vi) any misinterpretation or breach of any statement or guarantee made by the Merchant contained in this terms of service or; (vii) any breach of any agreement that the Merchant must perform under this terms of service. The Merchant agrees to pay any and all costs, indemnities and expenses including but not limited to reasonable attorney's fees and expenses granted to or otherwise incurred by or in connection with or arising from any claim, suit, legal action or proceeding certain matters caused by any particular claim. MC Payment shall be entitled at its own expense to assume the exclusive defense and control of any matters which shall be guaranteed by the Merchant which, if so, the Merchant shall fully cooperate with MC Payment in affirming any available defense. The Merchant acknowledges and agrees to pay reasonable attorney's fees, incurred in connection with any and all lawsuits brought against the Merchant by MC Payment under the terms of the agreement and any other terms and conditions of InstaPay application including without limitation, any lawsuit arising of the inability of the Merchant to guarantee MC Payment in accordance with this terms of service.
8. FORCE MAJURE
Instapay shall not be liable to Customer in any way for any failure or delay in performing its obligations under the terms of any event or circumstance beyond the reasonable control of Instapay.
9. CUSTOMER DATA
Instapay may use customer names and logos in Instapay marketing materials.
10. LEGAL AND ARBITRATION
- This Agreement of Agreement is interpreted and governed by the Law of the Republic of Indonesia without enforcing the principles of its legal contradiction. The parties mentioned in this agreement hereby agree to submit to the courts of Indonesia in respect of any proceedings of lawsuits that may arise out of disputes, interpretations, breaches of this treaty agreement.
- Any activities related to the use of InstaPay applications; whether the organizer, the Merchant in the case of a legally protected salesperson through the Law of the Republic of Indonesia no. 11 year 2008 on Information and Technology, Law of the Republic of Indonesia No. 19 year 2002 on copyright, and against any form of engagement arising out of any activities which has fulfilled the legal norms and requirements of an engagement as contained in the Indonesian Civil Code.
- In the event of any disagreement and/or different interpretation or dispute arising between the Parties to this Agreement, the Contracting Parties agree to always pursue a deliberative settlement in good faith to achieve consensus.
- If the Parties are unable to resolve the dispute through the consensus deliberations referred to in Article 10d above, the Parties agree to choose a permanent and common domicile in Jakarta through the Indonesian National Arbitration Board (BANI) held in the Indonesian language and comprising of 3 (three ) arbitrary designated under BANI rules. The decision of BANI is final and binding for the Parties.
- This terms of service is made in Indonesian and English. If there are inconsistencies between the Indonesian and English versions, the Indonesian version shall prevail.
PT. MCP Indo Utama
Jalan Warung Jati Barat 8A
Kalibata, Pancoran, Jakarta Selatan 12740