ARTICLE 1
SCOPE OF THE TEST ONLY
- The Parties agree to collaborate in the field of payment acceptance services using the cashUP Non-cash Electronic Payment System and application services on the cashUP EDC Machine;
- cashUP will make a final settlement to the Merchant for successful transactions at the Merchant after deducting/deducting MDR fees or other fees that have been mutually agreed upon by the Merchant as stipulated in Article 2 of these Terms and Conditions;
- Payment of Merchant settlement funds will be made to the account number registered on the Merchant Application Form;
- Payment Services Accept various non-cash payment methods, including Credit Cards/Debit Cards/QRIS/BNPL/ Virtual Accounts / e-money using multi-methods , including Insert Card , Contactless , and QR Payment ;
- Back-office services to monitor all transactions that occur in real time, including but not limited to the date, time of transaction, success/failure status, and Offline / Online Card Payment to view cash transaction records;
- The cashUP EDC Machine Service is a tool for accepting non-cash payments using Credit Cards/Debit Cards/QRIS and other non-cash payments as mentioned in paragraph 5 above;
- To use the cashUP service, Merchants are required to carry out the following registration process:
- Individual merchants fill in data such as name, telephone number, e-mail , National Identity Card (KTP) number and other required data;
- Merchants of business entities / CVs / similar companies fill in data such as name, telephone number, e-mail , Company Deed, Business Identification Number (NIB) and other legal data;
- Merchants upload scans / screenshots / captures of proof of identity such as KTP/Taxpayer Identification Number (NPWP), Selfie Photos, Product Photos, Business Brand Photos, Trademark Photos and other documents required to complete registration requirements;
- The Merchant has read and understood the Terms and Conditions of registration and the provisions for non-cash service payments as set out in the Merchant Application Form;
- The merchant registration process can be done via the cashUP website /cashUP mobile application;
- The SLA for merchant registration is in accordance with the processing time period of each Bank/other Payment Service Provider;
- Merchant businesses must be registered according to the laws and regulations in the Republic of Indonesia;
- Merchant registration applications will be adjusted to the payment features required by the Merchant which will be submitted to the Bank/other Payment Service Provider that collaborates with cashUP;
- The payment feature will be active and can be used by the Merchant, if the Merchant has been declared to have passed verification from cashUP, Bank/other Payment Service Providers who collaborate with cashUP;
- Approval and/or rejection of Merchant registration applications is the right of cashUP, Banks/other Payment Service Providers who collaborate with cashUP.
ARTICLE 2
COSTS
- The MDR ( Merchant Discount Rate ) fee for the use of Credit Cards, Debit Cards, QRIS or other non-cash payment services for successful transactions can be adjusted based on the agreement of the Parties which will then be stated in the Merchant Onboarding Form / Joint Statement Letter / Minutes of Agreement / Cooperation Agreement / Confirmation Letter;
- cashUP will forward successful transaction funds (settlement) for transactions using debit cards, credit cards (Mastercard, VISA, JCB, UnionPay International, and American Express) that occur in payment transactions that are temporarily held in the cashUP account to the Merchant on H+1 no later than H+3 Calendar Days or after the funds are received by cashUP from the Bank/non-Bank Partner minus the MDR as regulated in statutory regulations;
- cashUP is obliged to forward funds from successful transactions (settlement) that have used QRIS and BNPL that occur in payment transactions that are temporarily held in the cashUP account to the Merchant on H+1 Business Day or after the funds are received by cashUP from the Bank/non-Bank Partner minus the MDR as stipulated in statutory regulations;
- The First Party is obliged to forward the successful transaction funds (settlement) that have used Alipay and Wechat Pay that occurred in the payment transaction that is temporarily held in the First Party's account to the Merchant on H+3 Working Days or after the funds are received by the First Party from the Bank/non-Bank Partner minus the MDR as regulated in the laws and regulations.
- For transactions accepting Credit Cards, Debit Cards, QRIS, or other non-cash payment services, the Merchant understands and agrees that for every successful/settled transaction for transactions that have been settled, the following provisions apply:
- Merchants who have been Onboarded before Q4 2025 will be charged Bank clearing fees with the following details:
- Bank Mandiri, UOB, OCBC, SMBC accounts: no bank clearing fees are charged.
- Accounts other than Bank Mandiri, UOB, OCBC, SMBC: subject to a bank clearing fee of IDR 2,900;
- Merchants who are Onboarded in Q4 2025 and beyond will be exempt from Bank clearing fees of IDR 2,900.
- Merchants who have been Onboarded before Q4 2025 will be charged Bank clearing fees with the following details:
- Effective June 1, 2026, settlement funds/fund transfers and/or clearing of funds for transactions at Merchants will be carried out with a minimum settlement fund of IDR 10,000 (ten thousand rupiah). If the settlement fund does not reach the aforementioned amount, the settlement will be accumulated until the settlement fund is above IDR 10,000 (ten thousand rupiah);
- cashUP has the right to change the MDR fee value at any time if at any time there is a change in policy from the Regulator, internal cashUP, Bank or other non-cash payment service providers;
- Taxes arising from this agreement will be borne by each party based on the provisions of applicable laws and regulations.
ARTICLE 3
TIME PERIOD
THE PARTIES agree that this Agreement shall be valid for 1 (one) year. This Agreement shall be automatically renewed annually, unless the Parties give 30 (thirty) days' prior written notice to terminate this Agreement.
ARTICLE 4
MERCHANT REPRESENTATIONS AND WARRANTIES
- The EDC machine and/or mobile application is the property of cashUP and therefore the Merchant agrees to return it in the event of termination of the Agreement by the Parties or if requested by cashUP;
- Merchants are required to maintain and operate EDC machines and/or mobile applications as well as possible while they are under the Merchant's control and are required to ensure that there is no misuse of data access to EDC machines and/or EDC machine networks;
- Merchants are prohibited from selling, transferring, pledging or otherwise carrying out actions that cause the transfer of EDC Machines and/or equipment or giving permission to sell, transfer, pledge or otherwise cause the transfer of EDC Machines;
- cashUP has the right to check the EDC Machine and/or Device at any time without having to provide prior notification to the Merchant;
- In the event of damage or loss to the EDC Machine and/or Equipment, the Merchant is required to contact cashUP within 1x24 hours. If the damage to the EDC Machine is caused by the negligence of the Merchant, including but not limited to its employees and/or agents, the Merchant must pay all costs incurred as stated in the Merchant Onboarding Form;
- The provisions as stipulated in paragraphs 1 to 5 only apply to EDC machine rentals;
- The Merchant is responsible for every transaction carried out and any losses incurred and is willing to be processed based on the laws and regulations in force in Indonesia;
- EDC machines are only permitted to be used by 1 (one) Merchant;
- The Merchant guarantees that the implementation of the cooperation is represented by a Party who has the full right and authority to make and sign the registration form and these Terms and Conditions and guarantees that all information provided is true; if at a later date it is found that the information provided is not in accordance, the Merchant will be responsible and release cashUP from all legal claims in the future.
ARTICLE 5
TEMPORARY OR PERMANENT TERMINATION OF THE SERVICES AND FEATURES OF THE cashUP ELECTRONIC PAYMENT SYSTEM
- cashUP has the right at any time to stop the EDC Machine and Non-Cash Payment System services, temporarily and/or permanently if the Merchant is indicated to have committed misuse of transactions prohibited under this Agreement and/or applicable laws and regulations, with notification to the Merchant via email registered with cashUP and losses arising from such termination are not the responsibility of cashUP;
- Termination as referred to in point 1 above includes but is not limited to the following reasons:
- Due to inspection, repair, maintenance or upgrade of the cashUP system;
- Due to failure of the Merchant's computer and/or mobile phone and/or internet telecommunications connection;
- To protect the rights and/or interests of cashUP, Card Owners, Merchants, Banks and other Payment Service Providers who collaborate with cashUP;
- If one of the parties is declared "Insolvent" and/or Bankrupt and/or its business license is revoked by the Government;
- Suspected and/or indicated to be involved in misuse and/or deviation of transactions as referred to in Article 10 of these Terms and Conditions, unless there is clarification from the Merchant and proof of the validity of the transaction;
- Making changes to the type of business and/or business products that are in conflict with and/or violate provisions regarding moral norms, decency, laws and other regulations in force in Indonesia, including but not limited to regulations related to banking and principals, intellectual property rights, information technology and/or telecommunications;
- Committing fraudulent acts and having been warned in writing;
- There is a report of objection/ chargeback / claim from the Bank/Other Payment Service Provider that collaborates with cashUP;
- Carrying out prohibited transaction activities carried out by Merchants in accordance with Article 10 of the Terms and Conditions based on the results of internal verification and investigations by cashUP and/or BANK and/or other Payment Service Providers.
- Any losses arising from the temporary or permanent termination/suspension of Merchant access and cashUP electronic payment system services by the Merchant which cannot be used due to the termination of services are not the responsibility of cashUP and hereby the Merchant will legally release cashUP from all legal claims in the future.
ARTICLE 6
CHARGEBACK / DISCLAIMER / FRAUD / TRANSACTION REFUND
- Chargeback / claim is a transaction that has successfully occurred on the cashUP system but is not acknowledged / not approved by the Cardholder and is submitted to the Card Issuing Bank and Transaction Processing Bank / payment service provider where based on the report, cashUP funds have been deducted in the amount of the transaction that occurred, therefore cashUP will charge back the payment of settlement funds that have been made by cashUP to the Merchant;
- Transaction objections are a reporting process that has the potential to become a Chargeback from the Customer to the Card Issuing Bank which is then forwarded to the Transaction Processing Bank. Transactions are transactions that have successfully occurred on the cashUP system but are not acknowledged/not approved by the Card Holder and are submitted to the Card Issuing Bank and Transaction Processing Bank/payment service provider;
- Fraud is an act of deception or cheating in transaction activities by deliberately tricking/deceiving/manipulating cashUP/bank/other parties using cashUP payment facilities;
- Refund is a refund to customers for transactions that occur through Merchants;
- The Merchant's clarification process period is 3 (three) working days after the objection information is received by the Merchant via cashUP;
- If a Chargeback /Disclaimer/ Fraud / Refund occurs with the condition that the funds have been transferred to the Merchant, the Merchant is obliged to pay the full amount of the Chargeback /Disclaimer/ Fraud / Refund within a maximum period of 3 (three) calendar days after the information is submitted to the Merchant;
- If a Chargeback / Disclaimer / Fraud / Refund occurs with the condition that the funds have not been transferred to the Merchant, cashUP will not transfer the funds to the Merchant with a nominal amount of the Chargeback / Disclaimer / Fraud / Refund and / or there is a debit from the Bank within a period of 120 (one hundred and twenty) days from the Chargeback / Disclaimer / Fraud / Refund information that cashUP receives to anticipate the occurrence of a Chargeback / Disclaimer / Fraud / Refund of funds from the Bank to cashUP on the following day. If more than 120 (one hundred and twenty) days still occur Chargeback / Disclaimer / Fraud / Refund by the customer, cashUP will continue to not transfer the funds to the Merchant within a period of 540 (five hundred and forty) days;
- Payment for Chargeback /Disclaimer/ Fraud / Refund is transferred to the account of PT Cashlez Worldwide Indonesia Tbk where the account data information will be submitted separately on the Invoice document;
- cashUP is released from responsibility for losses suffered by the Merchant if a transaction occurs that is suspected of or has violated the laws and regulations in force in Indonesia and/or the Merchant is indicated to be carrying out prohibited transaction activities as stated in these Terms and Conditions;
- cashUP has the right to close the service on the User's account if there is a Chargeback/Disclaimer/Fraud/Refund that exceeds the time limit set by the Bank or an internal decision based on cashUP's regulations and internal checks;
- If there is a Chargeback / Disclaimer / Fraud / Refund then:
- Merchants are required to send invoices, transaction notes, proof of purchase, receipts, sales drafts;
- Merchants are required to send transaction documents and other complete documents requested by cashUP/Bank/Other digital payment service providers;
- Merchants are required to send proof of delivery of goods/expedition receipt/delivery note/proof of handover of goods sales/proof of tracking history of goods delivery;
- Merchants are required to send proof that customers have received goods/services.
- All fines imposed by the Bank or other payment system service providers in connection with exceeding the tolerance limit for Chargeback / Disclaimer / Fraud / Refund by the Bank and / or provisions of other payment system service institutions related to Chargeback / Disclaimer / Fraud / Refund must be borne by the Merchant. CashUP is hereby given full authority to directly deduct the Merchant's settlement funds from the transaction bill that should be received by the Merchant for the purpose of paying the fine in question, however, if the settlement funds are insufficient for the payment of the fine, the merchant is required to make a transfer to the first party within a maximum period of 3 (three) calendar days after the first party sends the fine bill invoice;
- If a Chargeback /Refusal/ Fraud / Refund occurs by the Customer due to fraud or Customer dissatisfaction, the Merchant has full responsibility for the Chargeback /Refusal/ Fraud / Refund and is willing to pay for the loss and release CashUP from responsibility for the Chargeback /Refusal/ Fraud / Refund ;
- Merchants are required to cooperate with cashUP in communicating in handling the Chargeback /Disclaimer/ Fraud / Refund process that is informed by the customer to cashUP via the Bank and/or refunds requested by the Bank via cashUP to the Merchant until the problem is declared resolved;
- If the problem referred to above is not resolved, the Merchant is obliged to bear the costs of losses arising from Chargebacks /Disclaimers/ Fraud / Refunds from the Bank by authorizing cashUP to deduct funds owned by the Merchant to make payments in the amount of the Chargeback /Disclaimer/ Fraud / Refund ;
- If the Merchant's funds are insufficient, the Merchant is obliged to transfer payment to cashUP in the amount of the Chargeback /Disclaimer/ Fraud / Refund ;
- If the Merchant wishes to cancel a transaction ( Refund ) where the funds have been transferred to the Merchant's account, it is mandatory to send evidence and supporting documents as follows:
- Transaction cancellation request letter;
- Invoice/proof of customer transaction; and
- Proof of refund transfer.
- If the Customer cancels a transaction ( Refund ) where the funds have been transferred to the Merchant's account, CashUP will confirm this with the Merchant and ask the Merchant to send proof and supporting documents as follows:
- Invoice/proof of customer transaction;
- Proof of transfer of refund ( Refund , if any);
- Proof of handover of goods; and
- Proof of delivery of goods.
- Transaction cancellations ( refunds ) are usually made by customers due to the following problems:
- The goods/products/services received are not suitable/damaged;
- Goods/Products/Services not received;
- Customer funds are deducted more than once; and
- Payment was successful but the transaction was not recorded/rejected by the system.
- All transaction documentation evidence sent to cashUP in terms of fulfilling transaction evidence indicating Chargeback /Disclaimer/ Fraud / Refund must be in accordance with the business field registered with cashUP, if there is a difference, the Merchant must be responsible for all transactions and losses that occur, and release cashUP from all claims or lawsuits that may arise in the future;
- The refund process to customers will be carried out in accordance with the payment services for each payment method used by the customer, cashUP will carry out the refund process by contacting the Acquiring bank / payment service partner who collaborates with cashUP;
- The refund application process takes a maximum of 7 (seven) working days from the date the transaction occurred and will be paid if the checking process of the Parties is completed and agreed upon by the Parties;
- cashUP has the right to refuse and will not carry out a refund process if the Merchant processes a refund to the Customer in the form of cash (which cannot be proven);
- All transaction documentation evidence sent to cashUP in terms of fulfilling transaction evidence indicating Chargeback /Refusal/ Fraud / Refund in accordance with the business field registered with cashUP, if there is a difference, the Merchant is obliged to be responsible for all transactions and losses that occur, and release cashUP from all claims or lawsuits that may arise in the future;
- The entire Chargeback / Disclaimer / Fraud / Refund process will be carried out from cashUP to the Transaction Processing Bank / Payment service provider that collaborates with cashUP to then be processed to each user through the Card Issuing Bank or Non-cash Payment Service Provider in accordance with the SLA and provisions applicable to each Bank / Payment service provider that collaborates with cashUP;
- All documents sent to cashUP related to Chargeback /Disclaimer/ Fraud / Refund reports will be given to the Transaction Processing Bank/payment service provider collaborating with cashUP for the purpose of responding to Chargeback /Disclaimer/ Fraud / Refund reports by customers;
- The proof document will be sent from the transaction processing bank to the Principal and sent to the Card Issuing Bank to be delivered to the Customer/Cardholder;
- If the Customer/cardholder accepts the proof, the Merchant can be declared the Winner of the Chargeback /Refusal/ Fraud / Refund report, however if the Customer/cardholder rejects the documentary evidence, the next process will go to the 2nd rebuttal report (pre-arbitration). In this process, the Merchant will be asked to attach other supporting documents;
- If the Merchant cannot prove the 2nd (two) Chargeback / Disclaimer / Fraud / Refund report then the Merchant will be declared defeated and obliged to bear all losses / fines that will arise in the process;
- cashUP will only process Chargeback /Disclaimer/ Fraud / Refund reports that are informed by the transaction processing bank/payment service provider that collaborates with cashUP.
ARTICLE 7
RIGHTS AND OBLIGATIONS OF THE PARTIES
- cashUP is obliged to provide EDC Machines along with non-cash Payment Systems to Merchants;
- cashUP is obliged to resolve problems at Merchants regarding Transactions and Applications on the cashUP EDC Machine;
- cashUP has the right to terminate the system as stipulated in Article 5 of these Terms and Conditions;
- Merchants are required to provide complete data as required and are fully responsible for the authenticity of the documents;
- Merchants are required to make payments as stipulated in Article 2 of these Terms and Conditions;
- Merchants are entitled to receive non-cash payment system services from cashUP;
- cashUP has the right to store all Merchant data and/or document information that has been submitted to cashUP as documentation;
- cashUP has the right to make changes to the price of the Device, Merchant Discount Rate (MDR), or terms and conditions set by cashUP with or without prior notification to the Merchant;
- cashUP has the right at any time to make visits for investigation and/or verification purposes to the Merchant's business location registered with cashUP.
ARTICLE 8
COMPENSATION
The Merchant undertakes to compensate, fully cover and protect cashUP according to the law against any and all losses caused by the Merchant from time to time, experienced and/or suffered by cashUP arising from or in connection with the Merchant's violation and/or negligence regarding its responsibilities and obligations as stipulated in this Agreement.
ARTICLE 9
CONFIDENTIALITY AND PRIVACY POLICY
- Each Party agrees to maintain the confidentiality of information/data/documents from other parties outside the purposes of this agreement even if the Parties are no longer collaborating unless there is a request from the Bank and/or other Payment Service Provider;
- The Parties are prohibited from divulging confidential information related to cooperation between them and the Merchant to any party, unless otherwise required by statutory regulations;
- Customer data and/or Customer data will be required by cashUP and Merchants with strict confidentiality and the Parties are subject to applicable laws and regulations regarding consumer protection and personal data protection;
- cashUP will collect all data, information, and/or statements in any form that identifies the Merchant, which from time to time the Merchant submits to cashUP or which the Merchant includes or submits in, on, and/or through all cashUP services concerning information regarding the Merchant's personal information, which includes, but is not limited to; full name, gender, nationality, religion, marital status, and/or Personal Data combined to identify a person, and other data classified as Personal Data based on Law No. 27 of 2022 concerning Personal Data Protection ("PDP Law"), which is fully stated in the Personal Data Protection Policy document and can be accessed at https://cashup.id/kebijakan-lainnya .
ARTICLE 10
TRANSACTION OBLIGATIONS AND TRANSACTION PROHIBITIONS
- All forms of cash withdrawal transactions (cash swipe) and double swipe using credit cards, whether your own or another party's for any reason, based on Bank Indonesia Regulation No. 11/11/PBI/2009 concerning the Implementation of Card-Using Payment Instrument Activities (APMK);
- Merchants are prohibited from providing additional transaction value ( surcharge ) to customers based on Bank Indonesia Regulation No. 6/23/PBI/2021 Article 52 paragraph (1) concerning Payment Service Providers (PBI PJP) and Bank Indonesia Circular Letter No. 25/365/DSSK/Srt/B dated 8 August 2023 concerning the Imposition of Surcharges on Users of Goods and/or Services;
- All forms of money laundering transactions for any reason based on the Money Laundering Crime Regulations according to Law No. 8 of 2010 concerning the Prevention and Eradication of Money Laundering Crimes are subject to a maximum prison sentence of 20 (twenty) years and a maximum fine of IDR 10,000,000,000 (ten billion Rupiah);
- Merchants are prohibited from carrying out Anti-Money Laundering and Counter-Terrorism Financing (APU-PPT) actions in accordance with Bank Indonesia Regulation No. 19/10/PBI/2017 with sanctions in the form of written warnings but not limited to termination of cooperation in accordance with applicable provisions;
- Merchants are prohibited from selling goods and/or services that violate the laws and/or regulations in force in Indonesia related to transactions involving terrorist financing, narcotics, money laundering, fraud, gambling, counterfeiting, pornography and firearms;
- Merchants are prohibited from carrying out currency exchange transactions, buying and selling shares/mutual funds, buying and selling digital currencies, savings and loan financing, advance financing, and/or other things prohibited by the Bank using credit cards;
- Merchants are prohibited from claiming and/or acting as if they were a Bank and/or other Payment Service Provider and/or as a representative of cashUP;
- Merchants are prohibited from documenting and/or storing Customer card data or other Customer electronic transaction data for any purpose;
- Merchants are prohibited from misusing the mPOS cashUP system, either intentionally or unintentionally;
- Merchants are prohibited from dividing transaction values ( split transactions) using either cards or electronic money (which cannot be proven);
- Merchants are prohibited from accepting card transactions or other electronic money transactions from parties who are not the Card Owner or deposit transactions;
- Merchants are prohibited from transferring/lending devices (cashUP reader / EDC ) of the Mobile application system or cashUP portal account users to other parties without cashUP's permission;
- Merchants are prohibited from documenting and/or storing customer card data or other customer electronic transaction data using tools other than the CashUP Mobile application system for any purpose;
- Merchants are prohibited from storing, copying, changing and/or distributing content and service features, including but not limited to cashUP service methods, cashUP's Intellectual Property Rights;
- Merchants are prohibited from carrying out or attempting to carry out code breaking, hacking , cracking , virus penetration, use of software , shareware , freeware or creating fake/imitation websites / mobile applications that aim to disrupt or damage the cashUP system;
- Merchants are prohibited from conducting transactions that are different from the type of business registered with cashUP;
- Merchants are prohibited from selling fake goods/non-original goods/imitation goods/"KW" goods without permission;
- Merchants are prohibited from attempting transactions with the same card or changing to another card with the same cardholder's name more than 3 (three) times with APPROVE status or DECLINE status;
- Merchants are prohibited from changing transaction locations on EDC machines without cashUP's permission;
- Merchants are required to match the customer's signature and name on the card with the transaction receipt (customers from abroad are required to attach a photo of their passport/KITAS);
- Merchants are required to conduct transactions using the Rupiah (Rp) exchange rate/currency;
- Merchants are required to provide cashUP with written information regarding Merchant Transaction activities that they wish to carry out outside the registered business location;
- Merchants are required to cooperate with cashUP to provide invoices/notes/receipts for transactions that occur and if there is a delivery of goods, they are required to attach a receipt/delivery receipt for each transaction with the Merchant's stamp/stamp (if any) in accordance with the business field registered with cashUP;
- Merchants are required to ensure that all Merchant registration requirement documents sent to cashUP are correct with the business field in accordance with the provisions of applicable laws, if any discrepancies in information or fraud are found in the documents or their completeness, cashUP has the right at any time to deactivate the Merchant account for logging into the application or portal and cashUP is released from all claims or lawsuits in the future;
- The use of payment services provided by cashUP to the Merchant must be in accordance with the business field at the time of Merchant registration, and the Merchant is obliged to inform cashUP if the business field registered with cashUP changes;
- Merchants are required to inform cashUP if there are changes to the type of business, business owner documents/merchant's business legality documents/business premises/products/services sold/social media/ website address or other data related to the collaboration between cashUP and the Merchant;
- If cashUP finds out that the Merchant has made changes as mentioned in point 25 above and where the business in question is contrary to/violates the norms of morality, decency, laws and other regulations in force in Indonesia, including but not limited to regulations related to banking both in Indonesia and from the Principal, IPR, technology and informatics, telecommunications, or if cashUP finds out that the business activities registered by the Merchant do not comply with its actualization, cashUP has the right to close the Merchant's account access and/or terminate the Service at any time unilaterally with written notification to the Merchant. Therefore, before the Merchant makes changes to the type of business, the Merchant is required to notify cashUP at least 7 (seven) Business Days;
- Merchants are required to have provisions for using payment services/product information/ refund provisions information/product return information and other information required by customers;
- Payment transactions using cards require the use of a CHIP and PIN. Merchants are prohibited from requesting customers' PINs/OTPs/ Passwords .
- The use of PIN in card transactions must use a 6-digit PIN, this is regulated in BI Circular Letter No. 17/52/DKSP of 2015 concerning the Implementation of National Chip Technology Standards and the Use of 6 (Six) Digit Online Personal Identification Numbers for ATM Cards and/or Debit Cards Issued in Indonesia;
- cashUP has the right at any time to stop services and/or terminate cooperation with Merchants, if later on information is found on the Merchant's Blacklist or Merchant Person In Charge (PIC) from the results of a re-examination by cashUP internally, from the Bank and/or from other Payment Service Providers regarding Merchant registration applications;
- If there is a transaction that is deemed invalid and/or not recognized by cashUP and/or the Card Owner and/or the Bank and/or other Payment Service Provider, but the Merchant still processes the transaction, then the losses incurred will be the full responsibility of the Merchant;
- Merchants are required to ensure that every sales transaction that occurs, which can be seen in the Transaction History menu and/or Merchant portal, matches the transaction status listed.
ARTICLE 11
SETTLEMENT OF TRANSACTION FUNDS
- cashUP may at any time temporarily and/or permanently withhold transaction funds for successful transactions which will be forwarded to the Merchant Account with written notification;
- cashUP obtains information from the Bank or through checking the internal results of cashUP regarding indications and/or evidence showing that the Merchant is carrying out chargeback transactions / membership vouchers / credit card cash withdrawals / or fraud in the name of the Bank / money laundering / transaction forgery and/or card forgery to carry out transactions and/or transactions that have the potential to cause chargebacks and the like, and prohibits transaction activities;
- Merchants can submit a response to the allegations by including related evidence showing that the Merchant has never carried out a chargeback transaction/ membership voucher sales/credit card cash withdrawals or fraud in the name of the Bank for the purpose of money laundering/transaction forgery and/or falsifying cards to carry out transactions and other evidence that can be included to state the validity of the transaction;
- The time limit for holding transaction funds by cashUP is unlimited for complaints of chargebacks / refunds / transaction objections from the Bank or Cardholder until the Merchant can prove that they have never carried out transactions selling membership vouchers / credit card cash withdrawals / or fraud in the name of the Bank for the purpose of money laundering / transaction forgery and / or falsifying cards to carry out transactions and / or transactions that have the potential to cause chargebacks and the like;
- If the Merchant cannot provide concrete proof that the Merchant has never carried out the alleged transaction of selling membership vouchers /credit card cash withdrawals or fraud in the name of the Bank/money laundering/transaction forgery and/or falsifying cards to carry out transactions and/or transactions that have the potential to result in chargebacks and the like, then the Merchant must be fully responsible for the complaint and release cashUP from all legal claims that may occur in the future;
- If the Merchant is proven to have committed a transaction violation based on the results of reports from the Acquiring Bank, Principal, Issuer Bank or the results of internal cashUP transaction monitoring, then cashUP has the right not to make payments for the merchant's transaction funds;
- cashUP has the right to suspend transaction payments according to the nominal amount due to transaction objections/ chargebacks / refunds / fraud ;
- cashUP has the right to suspend payment of transaction funds and close Merchant access for an unlimited period of time if a transaction occurs in accordance with Article 10 of these Terms and Conditions and/or the Merchant is indicated and/or proven to have committed transaction abuse.
ARTICLE 12
ANTI-MONEY LAUNDERING AND PREVENTION OF TERRORISM FINANCING
The Parties hereby declare, guarantee and undertake that, in connection with (i) all transactions stipulated in this Agreement. (ii) everything directly or indirectly related to this Agreement, including but not limited to negotiations on this Agreement and the implementation of the PARTIES' obligations. or (iii) arrangements arising from and or in connection with the implementation of this Agreement:
- Never violated and declares that he is able not to violate anti-corruption and anti-bribery regulations in force in jurisdictions in Indonesia;
- Never and undertakes not to be related/connected with the following matters: making payments or transfers or promising payments or transfers of any value, offering, promising or giving financial benefits or other forms of benefits or requesting, agreements to receive/accept financial benefits or other benefits whether tangible or intangible, including gifts or bribes, or permitting or approving the above matters either directly or indirectly, or other activities that are contrary to the provisions of the Law, especially the Law on the Eradication of Criminal Acts of Corruption and the Law on Anti-Money Laundering and Prevention of Terrorism Financing.
ARTICLE 13
PERSONAL DATA PROTECTION
- The Parties agree to comply with their obligations to protect User Data based on the provisions of applicable laws and regulations regarding the protection of personal data, particularly those regulated in Law Number 27 of 2022 concerning the Protection of Personal Data (PDP Law) and Government Regulation concerning the Implementation of Electronic Systems and Transactions Number 71 of 2019, as well as its implementing regulations;
- User Data is the personal data of Customer Service Users as defined in the PDP Law including but not limited to information in resident identity cards, family cards, passports, photos and biometric data, for the avoidance of doubt, the Parties will not use User Data other than for the purposes as set out in this Agreement;
- For the purpose of data security and fulfillment of Merchant rights under the PDP Law, the Parties agree to have, implement, maintain and manage the implementation of their respective internal policies regarding privacy and security including but not limited to access control to protect information and media containing information classified as confidential and restricted;
- The Parties agree that each party will be responsible for any leaks of Merchant data stored in each of the Parties' data storage locations. For this reason, the Party experiencing the data leak must be responsible and must resolve it at its own responsibility and expense.
ARTICLE 14
TERMINATION OF AGREEMENT
- The agreement can be terminated and/or canceled for reasons:
- The Merchant terminates the collaboration at the Merchant's wishes;
- The Merchant continues to carry out prohibited transactions as stipulated in Article 10 of these Terms and Conditions after the Merchant has received a maximum of 1 (one) written warning from cashUP;
- The Merchant carries out hacking, transfer and/or deliberate destruction of the EDC Device and/or non-cash Electronic Payment Services for purposes other than those agreed upon;
- If the Merchant commits an act of falsifying the Merchant's identity, information and/or statements that do not correspond to the actual situation, then cashUP has the right at any time to cancel and/or terminate the cooperation relationship, revoke the Merchant's transaction access and withhold transaction funds (if any) for an unlimited period and cashUP will hand this over to the Authorities in accordance with the laws and regulations in force in Indonesia.
- Termination of the agreement does not affect the rights and obligations and responsibilities of each Party which still have to be fulfilled based on this agreement which arose before the termination.
ARTICLE 15
ETC
- Personal/business data collected and/or gathered by cashUP in the case of Merchant registration applications will be stored securely and with encryption as needed to implement the principle of prudence and to guarantee data integrity;
- The Parties are released from responsibility for delays or failures in fulfilling the obligations stated in this agreement, which are caused by force majeure (earthquakes, hurricanes, floods, disease outbreaks, war, explosions, sabotage, revolution, rebellion, riots and/or events which have a real impact on the implementation of the agreement).
- The Merchant releases cashUP from all forms of demands/lawsuits/claims/losses arising from any party if there is deliberate/error/negligence in the implementation/use/utilization of the non-cash Electronic Payment System Service caused by the Merchant and the Merchant is proven according to cashUP's assessment and/or suspected, among other things, as a form of money laundering, terrorism funding, bribery, corruption and/or gratification/committing violations as stated in Article 10 of these Terms and Conditions.
- In the event that one of the parties is affected by force majeure , the party is obliged to notify the other party in writing no later than 3 (three) calendar days after the force majeure occurs. The party affected by force majeure is obliged to make every effort to restart its obligations;
- All intellectual property rights contained in the cashUP website and application, including copyright, industrial designs, patents, brands and other Intellectual Property Rights such as logos, photos, images, names, words, letters, numbers, writing, color arrangements and combinations of elements are the full property of cashUP. Users of the cashUP website and application are prohibited from imitating, reproducing, or using them for any purpose and in any way without prior written consent from cashUP;
- Matters not regulated in these Terms and Conditions will be regulated separately in writing either on a website, Cooperation Agreement, Confirmation Letter and/or Addendum and will remain binding;
- All attachments/addendums/or other documents arising from the cashUP collaboration with the merchant are a binding unit of the cashUP agreement with the Merchant;
- The Merchant agrees to release cashUP from all responsibility for legal claims and/or material and immaterial losses resulting from the suspension of payment of transaction funds and/or closure of access to the Merchant's Device and Transactions due to violations as stated in Article 6 and Article 10 of these Terms and Conditions;
- If the Merchant purchases a device, that the Device purchased by the Merchant is an outright purchase, the Merchant cannot return the Device in any form, including if the Merchant cannot use the Device due to the blocking of the device account and/or Merchant services due to indications of misuse of transactions that occur, all losses arising due to indications of misuse of transactions will be the burden and responsibility of the Merchant, hereby the Merchant releases cashUP from all losses or legal claims that arise in the future;
- This document is an Agreement between cashUP and the Merchant which regulates the terms and conditions for becoming a cashUP merchant, binding cashUP and the Merchant as users of payment services and providers of goods/services sold to customers, and consciously agreeing to all rules and conditions for using all services available at cashUP;
- By signing this registration form, the Merchant declares that he understands and agrees to all provisions and hereby releases cashUP from all claims and losses arising from the implementation of this rental;
- The Merchant declares that he/she is subject to and bound by this Agreement along with the Terms and Conditions as stated on the cashUP website which will be submitted and/or posted periodically in accordance with the laws and regulations in force in Indonesia;
- For any questions, communications, complaints, criticisms, suggestions and/or grievances, Merchants and/or Customers can access the cashUP Care consumer complaint and protection service support@cashup.id or via WhatsApp number: 0811-1995-5944/0813-8080-7899.
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