CASH OUT SERVICE
TERMS AND CONDITIONS
This Cash Out Service Terms and Conditions ("Terms and Conditions") regulates the Partner’s use of cash disbursement services provided by Media ("Cash Out Service") through retail outlets and/or networks that have cooperated with Media ("Cash Out Partner").
In this Terms and Conditions the use of the word "Media" refers to PT Media Indonusa. Meanwhile, the use of the word “Partner” in this Terms and Conditions refers to any party who use Cash Out Service and has a legal relationship with the Media based on the Faspay Services Usage Agreement (“Faspay Registration Form”).
Media and Partner are collectively referred to as “Parties” and each is referred to as “Party”.
By signing the Faspay Registration Form, Partner is deemed to have read, understood, comprehend, and agreed to the entire contents of this Terms and Conditions (including any changes thereto that may be made by Media from time to time) which is an integral and inseparable part of the Faspay Registration Form.
- Partner hereby agrees to appoint Media as provider of Cash Out Service needed by Partner to its customers (consumers) as the parties mentioned in the Cash Out Service instruction to receive the funds (“Fund Recipient”), and Media hereby agrees to carry out the provision of Cash Out Service needed by Partner.
- The cash disbursement service provided by Media to Partner as referred to in paragraph (1) of this Article is in the form of a money disbursement service through Cash Out Partner ("Cash Out Service").
- The Parties agree that the provision of providing Cash Out Services to Partner can be carried out with or without the written consent of Cash Out Partner, in accordance with the provisions of each Cash Out Partner.
- In addition to those specified in other Articles of this Terms and Conditions, the rights and obligations of Media are as follows:
- Media is entitled to receive funds from Partner before Media obtain Cash Out instructions which are then recorded in Partner's account at Media to be used in the execution of Cash Out Service.
- Media is entitled to receive payment for Service Fee from Partner for providing Cash Out Service as stipulated under this Terms and Conditions.
- Media is entitled to request Partner to complete or send Partner’s data and Fund Recipient’s data for the purposes of performance of Cash Out Service, in accordance with the policies of each Cash Out Partner.
- Media is entitled to refuse or withhold the execution of Cash Out Service instructions given by Partner if there is an alleged fraud, unlawful act, or contains elements of a criminal act under the laws of the Republic of Indonesia, or if an indication of misuse of the Cash Out Services system is found by Partner and/or customers of Partner.
- Media is entitled to not execute the Cash Out Service instructions if the amount of funds in Partner's account at Media is not sufficient for Cash Out Service execution.
- Media is entitled to request the up-to-date data and company legality document(s) of the Partner. In the event that Partner does not notify or provide an update on such data and documents to Media, the data and company legality documents that have been submitted to Media shall be considered as the up-to-date data and documents;
- Media shall perform Cash Out Service based on instructions from Partner in accordance with the provisions referred to under this Terms and Conditions, in real time every calendar day according to the time for sending funds as stipulated in the Cash Out Service operational terms imposed by Media and can be accessed via the following link: https://faspay.co.id/en/ftnc-cash-out/ (“Operational Terms”) (Operational Terms as stipulated on this link may be updated by Media from time to time).
- Media shall ensure that operational system of Media functioning properly so that the Cash Out Service provided by Media can be carried out properly including but not limited to keeping and maintaining the facilities, infrastructure, devices, applications, and systems and devices of Media that used to provide Cash Out Service;
- Media shall provide to Partner a daily report on each execution of Cash Out Service which carried out on the previous day; and
- Media shall comply with all prevailing regulatory provisions in relation to the execution of Cash Out Service.
- In addition to those specified in other Articles of this Terms and Conditions, the rights and obligations of Partner are as follows:
- Partner is entitled to obtain Cash Out Service provided by Media in accordance with this Terms and Conditions;
- Partner is entitled to a daily report on each execution of the Cash Out Service carried out on the previous day from Media;
- Partner shall provide Cash Out Service instructions to Media only through the Application Program Interface (API) or Faspay merchant dashboard that has been provided by Media where documents, specifications, and technical parameters can be accessed at the following link: https://docs.faspay.co.id/ (this link may be updated by Media from time to time);
- Partner shall be fully responsible for all instructions given to Media, including but not limited to instructions and unauthorized access to the API and/or Faspay merchant dashboard carried out by its management, employees, or consultants which caused by mistake and/or negligence of the Partner. Therefore, Partner is required to implement good security and supervision measures;
- Partner shall be responsible for any errors in the Cash Out Service instructions made and Partner cannot claim compensation for the loss of funds resulting from incorrect fund transfer due to inaccuracy or error in entering the account number of the Fund Recipient by Partner.
- Partner shall put a certain amount of funds in Partner's account at Media in order to execute Cash Out Service;
- Partner shall ensure that the amount of funds in the Partner's account at Media is sufficient for the execution of Cash Out Service and/or withdrawals based on the Partner's instructions (including elements of Service Fee and/or withdrawal fees);
- Partner shall pay Service Fee in connection with the use of Media’s Cash Out Service pursuant with the provisions in Article 4 and Article 5 of this Terms and Conditions;
- Partner shall ensure that the use of Cash Out Service by Partner as referred to in this Terms and Conditions shall not conflict with the prevailing laws and regulations and in the event of a transaction which is deemed suspicious, questionable, considered to be contrary to or to violate the law such as fraud, money laundering, terrorism financing, and/or other forms of abuse, Partner shall cooperate with Media, related institutions, and law enforcement officials/intitutions (including but not limited to provide the required data, information, documents, and/or statement);
- Partner shall conduct reconciliation in accordance with the time limit specified in this Terms and Conditions to Media.
- Partner shall be fully responsible for the safekeeping of the cash disbursement transaction data received from Media until the completion of the cash disbursement process;
- Partner shall forward to Fund Recipient the data of the cash disbursement transaction that is required to disburse funds at the Cash Out Partner and Partner shall be fully responsible for the data of the cash disbursement transaction until the completion of the disbursement process;
- Partner shall keep and maintain facilities, infrastructure, devices, applications, systems and/or devices owned by Partner applied to use Cash Out Service so that shall not endanger or damage the system or operation of Media's systems and devices.
- Partner shall perform identification towards the Fund Recipient when Partner intends to provide Cash Out Service instructions through Media and Partner shall submit the identification data to Media if needed. In relation with this obligation, Partner shall warrant and ensure that it has obtained all the necessary approvals from the said party to provide the data, information and/or identification documents to Media, so that the use of such data, information, and/or documents by Media shall not violate any prevailing laws and regulations.
- Partner shall comply with and properly abide with the prevailing laws and regulations, including, but not limited to, the laws and regulations regarding anti money laundering and combating the financing of terrorism (AML-CFT), and shall not cooperate with fraudsters or fraud perpetrators either which is assumed or proven.
- Partner shall release and hold harmless Media along with its shareholders, commissioners, directors, all employees and/or affiliated parties of Media from any responsibility for any losses, claims for expenses, damages, liabilities, or costs arising from the violation of the obligations of Partner as intended in paragraph (2) letter (n) and (o) of this Article and any violation of the provisions of prevailing laws and regulations by Partner.
- Partner put a certain amount of funds in the Partner's account at Media in the manner as determined by Media. In the event of an error in the Cash Out Partner and/or Media’s system, Media is entitled to make corrections to the placement of funds in Partner's account at Media.
- Partner gives instructions to execute Cash Out Service to Media, where instructions can only be given by Partner to Media through the API or Faspay merchant dashboard provided by Media where the documents, specifications, and technical parameters can be accessed at the following link: https://docs.faspay.co.id/ (this link may be updated by Media from time to time).
- The Parties hereby agree that all instructions received by Media as referred to in paragraph (2) of this Article are absolute and irrevocable.
- The instructions as referred to in paragraph (2) of this Article shall contain information or data needed for the execution of Cash Out Service in accordance with the provisions of each Cash Out Partner with details as stipulated in the Operational Terms which can be accessed via the following link: https://faspay.co.id/en/ftnc-ops-cash-out/ (Operational Terms as stipulated on this link may be updated by Media from time to time).
- Media shall not be responsible for the update and truth/correctness of the data and documents provided by Partner, as well as regarding the contents of the cash disbursement instructions as stated in paragraphs (3) and (4) of this Article, including the authority and identity of the persons or parties involved in the preparation/dispatch/approval of cash disbursement instructions received by Media from Partner. Partner, customers of Partner and/or Fund Recipient cannot submit any demand, suit, and/or claim against Media, in connection with fault and/or negligence in the cash disbursement instructions given by Partner to Media as stated in paragraphs (3) and (4) of this Article. All risks and legal consequences arising from the mistakes and/or negligence of Partner in providing data, documents, and document updates, the occurrence of abuse of authority, as well as errors in sending of cash disbursement instructions and other related matters are the full burden and responsibility of the Partner.
- Media shall not be responsible for any fault and/or negligence or inclusion of fault and/or negligence made by Partner, Cash Out Partner and/or any other third party.
- For the execution of this Terms and Conditions, Partner is required to provide a certain amount of funds in advance on the Partner's account at Media for the purposes of Cash Out Service and payment of Service Fee in accordance with the instructions determined by Media.
- Based on the Cash Out Service instructions received, Media shall provide the cash disbursement transaction data to the Partner to be forwarded to the Fund Recipient, in which the cash disbursement transaction data is valid for a maximum period of 24 (twenty four) hours from the time it is generated by Media’s system. Media will debit the Partner's funds stored in the Partner's account at Media for the nominal value of the disbursement of funds plus the Service Fee, after the cash disbursement transaction data is generated by Media’s system. Furthermore, the Fund Recipient can withdraw funds at the Cash Out Partner outlet every calendar day according to the time for disbursement of funds as stipulated in the Operational Terms which can be accessed via the following link: https://faspay.co.id/en/ftnc-ops-cash-out/ (or following the operational hours of the Cash Out Partner outlets) using the cash disbursement transaction data sent by the Partner.
- Media shall debit or credit the Partner's funds stored at Partner’s account at Media in the amount of the nominal value transferred plus the Service Fee referring to the nominal stated in the transaction report from Cash Out Partner.
- If the funds in Partner's account at Media are insufficient to carry out the Cash Out Service instructions including to conduct the payment of Service Fee, then there is no obligation of Media to execute the Cash Out Service instructions.
- The Parties agree that the maximum nominal value that can be disbursed by customers (consumers) of Partner per Cash Out Service instruction is in accordance with the policies of each Cash Out Partner as stated in the Operational Terms which can be accessed via the following link: https://faspay.co.id/en/ftnc-ops-cash-out/ (Operational Terms as stipulated on this link may be updated by Media from time to time).
- The Parties agree that the total nominal value that Partner can transfer per day (“Total Daily Amount”) is as stipulated in the Operational Terms which can be accessed via the following link: https://faspay.co.id/en/ftnc-ops-cash-out/ (Operational Terms as stipulated on this link may be updated by Media from time to time).
- Partner understands that in the event of the nominal value disbursed by the Fund Recipient exceeds the maximum amount in the provision as stipulated in paragraph (11) of this Article and/or the availability of funds at the Cash Out Partner outlet is insufficient, the Cash Out Partner's counter officer will refuse to disburse the funds submitted by the Fund Recipient, and/or directs the Fund Recipient to disburse funds at other Cash Out Partner outlets, therefore Partner agrees to release Media from all risks, claims, and requests for compensation submitted by the Fund Recipient, Partner, and/or any other party in connection with such refusal to disburse the funds.
- Cash Out Service is deemed to have been performed by Media when Partner receives a “success”, “failed”, or “on process” response through the API or on the Faspay merchant dashboard provided by the Media.
- For the execution of this Cash Out Service, Partner shall receive a daily report on the next calendar day (H+1) from Media, which shall be used for the process of reconciliation. The maximum limit for data reconciliation with Media is 7 (seven) calendar days after the transaction. If the maximum limit is exceeded and there is no confirmation from Partner, then the transaction status shall be deemed to have been approved by Partner and Partner hereby releases all of its rights to make claims, lawsuits, and/or demands against Media.
- In the event of a correction to the transaction data resulting from the reconciliation process between the Media and the Cash Out Partner, Media is entitled to make corrections to the transaction data and the nominal amount of the Partner's funds as well as the Service Fee stored in the Partner's account at Media.
- In connection with the provisions of Article 3 paragraph (4) of this Terms and Conditions, Partner shall provide a certain amount of funds in the Partner's account at Media for the purposes of the execution of the Cash Out Service instructions and payment of Service Fee, in a manner as determined by Media.
- The Parties hereby agree that regarding the funds that will be deposited by Media as referred to in paragraph (1) of this Article, Media will not give any interest to Partner.
- In the event that the Partner's funds deposited by Media as referred to in paragraph (1) of this Article, Partner may withdraw the funds by sending prior funds withdrawal instructions to Media through the Faspay merchant dashboard ("Withdrawal Instruction") with a maximum withdrawal nominal as stipulated in the Operational Terms which can be accessed via the following link: https://faspay.co.id/en/ftnc-ops-cash-out/. Furthermore, Media shall return the remaining funds in the Partner's account to Partner after receiving Withdrawal Instruction from Partner by means of Media transferring to the Partner's bank account with the details as stated on the Faspay Registration Form.
- In the event that the details of the Partner's bank account as stated in paragraph (3) of this Article is a foreign bank account, the provisions of the Withdrawal Instruction shall follow the terms and conditions as stipulated in the Operational Terms which can be accessed via the following link: https://faspay.co.id/en/ftnc-ops-cash-out/ (Operational Terms as stipulated on this link may be updated by Media from time to time).
- The Parties agree that for Cash Out Service performed by Media based on this Terms and Conditions, Partner shall pay a fee to Media for the use of the Cash Out Service ("Service Fee") as stipulated in the Faspay Registration Form signed by Partner.
Service Fee does not include Value Added Tax (VAT) for each Cash Out Service instruction. - The Parties agree that for a refund to Partner based on the Withdrawal Instruction as referred to in paragraph (3) of this Article, Partner shall be charged a fee for each Withdrawal Instruction (“Withdrawal Fee”). The amount of Withdrawal Fee as stipulated in the Operational Terms which can be accessed via the following link: https://faspay.co.id/en/ftnc-ops-cash-out/ (Operational Terms as stipulated on this link may be updated by Media from time to time).
Withdrawal Fee does not include Value Added Tax (VAT) for each Withdrawal Instruction. - Media is entitled to make changes to the amount of Service Fee and Withdrawal Fee as referred to in paragraph (5) and paragraph (6) of this Article by giving a 7 (seven) working days prior written notification to Partner, where the written notification is an integral and inseparable part of this Terms and Conditions.
- The Parties agree that the payment of the Service Fee and/or Withdrawal Fee shall be made to Media by Partner by directly deducting the Partner's fund in the Partner's account at Media.
- Regarding the payment of Service Fee and Withdrawal Fee, Media will send an invoice on the 7th (seventh) working day at the beginning of the following month for the transactions of the Cash Out Service which occur in the previous month. Media shall send a tax invoice to Partner at 1 (one) working day after sending the invoice to Partner.
- In the event that Partner already has an SPPKP (Letter of Confirmation of Taxable Entrepreneur) that requires Partner to deduct Income Tax of Media in connection with the execution of this Terms and Conditions, Media shall pay Income Tax under tax article 23 (PPh 23) at the rate of 2% (two per cent) of the total Service Fee received by Media every month from Partner by means of transfer into the Partner’s bank account as detailed in Article 4 paragraph (3) of this Terms and Conditions within a period of 5 (five) working days from the receipt of the proof of deduction of such Income Tax by Media from Partner.
- The proof of deduction shall be provided by Partner not exceeding 30 (thirty) calendar days after the invoice issuance date by Media. In the event that the proof of deduction is provided by Partner beyond that time period, then there is no obligation from Media to make payments for the said Income Tax.
- This Terms and Conditions is effective for Partner since the date of the Faspay Registration Form signed by the Parties until the termination by one of the Parties to the other Party by giving written notification regarding the termination no later than 30 (thirty) working days prior to the desired effective date of termination.
- The obligation to provide notification as referred to in paragraph (1) of this Article is exempted in the event that:
- There is an indication that the transaction or Cash Out Service instruction made is a transaction that is contravenes or violates the law;
- There are indications that Partner carries out business activities that are contravening or violating the law;
- There is an indication that the Fund Recipient is a person or agency or entity that is illegal, contravene, or violates the law; or
- If Partner violates any of the provisions referred to in this Terms and Conditions.
Therefore, the termination of the cooperative relationship can be carried out directly and immediately by Media.
- The termination of the cooperative relationship in relation to the provisions in paragraph (1) and/or paragraph (2) of this Article, shall not eliminate the rights and obligations of each Party that have existed before the termination of the cooperative relationship occurred.
- The Parties hereby agree to complete the calculation of the excess or underpayment of the Service Fee and the return of the fund in the Partner’s account at Media (if any), no later than 1 (one) week after the effective date of termination of the cooperative relationship.
- The Parties hereby agree to waive the application of the provisions of Articles 1266 and 1267 of the Indonesian Civil Code in relation to the termination of the cooperative relationship as referred to in this Article.
- Each Party shall keep and ensure that its shareholders, management, employees, and/or consultants shall maintain the confidentiality of data, documents, and/or information related to the cooperative relationship between the Parties as stipulated under this Terms and Conditions, including the implementation of this Terms and Conditions, and therefore shall ensure that its shareholders, management, employees, and/or consultants shall not disclose to other third parties without obtaining the prior written consent of the disclosing Party unless otherwise required by law or court order.
- The obligations as referred to in this Article shall remain binding upon the Parties even though the cooperative relationship between the Parties has ended or terminated.
- All notifications and correspondence between the Parties in connection with this Terms and Conditions are made in writing via registered mail, shipping company (courier), internal courier, or email, and are addressed as follows:
MediaPT Media IndonesiaGraha AstelJl. Pintu Air Raya No. 2AJakarta Pusat 10710
Notices and correspondence regarding commercial aspects and continuation of cooperation:
Tel. : +62 21 38901800
Email : sales@faspay.co.id
U.P. : Merchant Acquisition
Notifications and correspondence related to operational and technical aspects of the execution of Cash Out Service and/or transactions:
Tel. : +62 21 38901800
Email : customercare@faspay.co.id
Partner
As informed by Partner on the Faspay Registration Form signed by Partner.
- Notifications and correspondence shall be deemed to have been received in any of the following cases:
- Within the period of 3 (three) working days after the letter has been sent by registered mail;
- Proof of receipt is signed by representatives of the Parties, if the letter is sent through a shipping company or by internal courier of each Party;
- Proof of sending, in case it is sent by e-mail.
- If one of the Parties intends to change the provisions as stated in paragraph (1) of this Article, the said Party shall notify the other Party of the change in writing, no later than 7 (seven) working days prior to the change.
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- Force Majeure is an event or a condition beyond the control of either Party or Parties (“Force Majeure”). The Force Majeure events included but are not limited to the following events:
- Flood, earthquake, landslide, storm, typhoon, volcanic eruption, tsunami, fire, nuclear radiation or explosion, radioactive radiation, thunderbolt, epidemic;
- Unrest, armed conflict, war, riot, mass strike, demonstration, terrorism, hijacking, sabotage, criminal action;
- Unavailability of electric power and/or disconnection/disruption of communication due to malfunctioning of the system beyond the control of each Party;
- Disconnection/disruption of telcommunication network or ICT (Information Communication Technology); and
- government policy which hinders the execution of this Terms and Conditions or execution of any action by the competent government agency which directly inhibits, hinders, or postpones the execution of the obligation of a Party under this Terms and Conditions.
- Neither Party shall be deemed responsible for the occurrence of the condition or event of the Force Majeure.
- The Party experiencing a Force Majeure event shall notify the other Party in writing accompanied by appropriate evidence(s) no later than 3 x 24 hours from the time the Force Majeure event occurs. Failure in giving the notice will result in the Force Majeure event being disclaimed.
- Force Majeure is an event or a condition beyond the control of either Party or Parties (“Force Majeure”). The Force Majeure events included but are not limited to the following events:
- The Parties agree that any kind of dispute which may arise from the cooperative relationship, this Terms and Conditions, or its implementation shall be resolved by the amicable settlement to reach consensus.
- If an agreement cannot be reached through amicable settlement, then both Parties agreed to submit the dispute to the Central Jakarta District Court.
- Media always strives to provide the best service for Partner in providing Cash Out Service so that Media is entitled to make changes to this Terms and Conditions in order to adapt to business developments and prevailing laws and regulations in Indonesia.
- Changes to this Terms and Conditions from time to time will be uploaded to Media's website without the obligation of prior notification to Partner, therefore Media urges Partner to read changes to this Terms and Conditions carefully and check this page from time to time to find out any changes made.
- Changes related to Withdrawal Fee and Service Fee as referred to in Article 4 paragraph (7) of this Terms and Conditions are only to be made with 1 (one) working day prior written notification from Media to Partner, without the need to make an Amendment/Addendum to this Terms and Conditions and/or the Faspay Registration Form.
- For the avoidance of doubt, Partner under any circumstances understands and agrees that the most current and prevailing version of this Terms and Conditions is the version uploaded on Media’s website. Therfore, Partner agrees not to make any claims or lawsuits in any form in connection with the differences that exist with the other versions. By continuing to use the Cash Out Service, Partner states that it has read, understood, and agreed to be bound by changes to this Terms and Conditions.
- Partner shall be subject to and comply with the terms, conditions, and procedures contained in the Operational Terms which can be accessed via the following link https://faspay.co.id/en/ftnc-ops-cash-out/ (along with the changes published by Media from time to time).
- The Operational Terms is an integral and inseparable part of this Terms and Conditions and the Faspay Registration Form. If there is a difference between the Operational Terms and the Articles in this Terms and Conditions, then the prevailing and binding articles are the Articles in this Terms and Conditions.
- If there is a difference in the mention of the number, size, etc. between the mention by numbers and the mention by letters, then the mention by letters is declared binding to be implemented.
- Products, services, names, trademarks, logos, displays, text, images, videos, content, industrial designs, programming codes, applications (“Intellectual Property of Media”) provided by Media are protected by intellectual property rights under prevailing laws and regulations. All rights, ownership and interest in intellectual property belongs to Media in its entirety and Media grants Partner a limited, non-saleable and non-transferable non-exclusive license which may be revoked or withdrawn at Media's sole discretion. Partner hereby understands that Partner shall have no right, ownership or interest in Intellectual Property of Media.
- Partner is prohibited from copying, modifying, printing, adapting, translating, creating mock copies of, distributing, licensing, selling, transferring, duplicating, creating derivative works from Intellectual Property of Media, broadcasting via online or offline media, disassembling, or exploiting parts of any of Media’s system.
- If Media finds indications/alleged violations of this Terms and Conditions, especially regarding intellectual property rights, Media is entitled to carry out further investigations, terminate the provision of the Cash Out Service, terminate Partner's access to the Faspay merchant dashboard and the features in it, as well as take other legal actions to follow up on the indications/alleged violations.
- Each Party represents and warrants that it is a capable legal subject, legal entity or business entity that is legally established under applicable laws and regulations in the country where it is established and the law in the applicable jurisdiction, capable to carry out legal actions and business activities, authorized and has the necessary license and permits to carry out its business activities and obligations based on this Terms and Conditions.
- Each Party hereby represents and warrants that its representative who signed the Faspay Registration Form is a valid/legal and authorized pursuant to the Articles of Association of the company he/she represented, and therefore he/she is legal to act under the law so that the cooperative relationship between the Parties based on the Faspay Registration Form is a legal and binding cooperative relationship between the Parties.
- The signing of the Faspay Registration Form by each Party and the execution of the rights and/or obligations of each Party based on this Terms and Conditions does not and shall not violate (a) any provisions of the Articles of Association (if applicable), (b) permits/licenses, (c) agreement, deed, contract, and other documents in which each Party is a party.
- Partner agrees to comply with and cooperate with Media to comply with Know Your Customer (KYC) policies adopted by Media in accordance with prevailing laws and regulations, including but not limited to collecting all documentation and other information from consumers required for compliance with KYC.
- Partner hereby warrants that in connection with the implementation of this Terms and Conditions, Partner shall not carry out illegal business activities, shall not carry out business activities that contain elements of a violation of the law or conflicting on ethnicity, religion, race, and inter-group relations, and shall not commit business activities related to pornography, gambling, suspicious financial transactions and/or indicated as fraud.
- Partner warrants that it agrees to follow the provisions stipulated by Cash Out Partner, and the regulations and/or provisions issued by the competent authorities (including but not limited to Bank Indonesia, Financial Services Authority, PPATK, Indonesian Police, and other government institutions) related to the implementation of this Terms and Conditions.
- In the event that there are claims, lawsuits, and/or demands in connection with the provisions in paragraph (5) of this Article, Partner hereby warrants to be fully responsible to resolving them and releasing Media from all such claims, suits, and/or demands.
- Media always strives to keep Cash Out Service in a safe, comfortable and functioning condition. However, Media cannot warrant that Cash Out Service shall operate continuously or that access to the Faspay merchant dashboard can always be perfect.
- Media cannot deny the possibility that the Faspay merchant dashboard at any time cannot be accessed, is under repair, or has problems that Media shall fix as soon as possible. Partner's use of Cash Out Service and Faspay merchant dashboard is at Partner's own risk. Cash Out Service and Faspay merchant dashboard are provided by Media to Partner on an "as is" and "as available" condition.
- Media refuses to warrant that the Cash Out Service along with the Faspay merchant dashboard and features in it shall operate without interruption or shall be free from minor defects or errors that do not materially affect performance, or that all the features contained in the Faspay merchant dashboard are designed to meet all needs of Partner.
- To the extent permitted by prevailing law, Media is hereby not responsible and Partner agrees not to make claims to Media for any consequences, losses, and/or damages resulting from but not limited to:
- (i) loss of use; (ii) loss of profits; (iii) loss of income; (iv) loss of data; (iv) loss of expected profits, in each case directly or indirectly;
- indirect, immaterial, incidental, special or consequential losses, arising from or in connection with the use or inability to use the Cash Out Service and/or Faspay merchant dashboard including but not limited to, any losses resulting from it, whether Media has been notified or not about the possibility of such loss;
- Partner's mistake in providing Cash Out Service instructions, including but not limited to mistakes on Fund Recipient data, fund amount, and multiple fund transfer instructions due to Partner's mistakes entering Media’s system causing double Cash Out Service transactions;
- Partner's negligence in maintaining security and confidentiality including but limited to the Faspay merchant dashboard account password, Transaction password, OTP and/or other security system codes that function to authenticate an action taken by Partner including in the event of abuse by another party;
- the transaction that underlies the transfer of funds;
- funds transfer transaction is not executed based on the Cash Out Service instruction due to a lack of funds in the Partner's account at Media;
- Cash Out Service is not executed based on the Cash Out Service instruction because if it is executed it shall violate a prevailing laws and regulations;
- there is an order from an authorized government institution or based on a prevailing laws and regulations, requiring Media to stop processing the related transfer of funds transaction;
- the blocking of the account of Partner at Media based on an order from an authorized government institution or required to be carried out by Media based on a prevailing laws and regulations
- inaccuracies or incorrect information submitted by Partner;
- negligence or fault made by Partner while accessing and/or using Cash Out Service and/or Faspay merchant dashboard;
- use of Cash Out Service that are not in accordance with this Terms and Conditions or other derivative provisions;
- Media shall take actions within reasonable limits to help resolve the problems that Partner faces in the event that there is an error in the funds transfer transaction that arises due to your negligence.
- Partner acknowledges and agrees that in the event of Partner suffers a loss in the use of the Cash Out Service which has been proven to be caused by an error or negligence of Media, then the liability of Media to Partner or to third parties is limited to the amount of Service Fee that has been paid. The maximum amount that Media shall bear under any circumstances for real (material) losses that are proven to be experienced by Partner, which is only limited to the lowest amount between the amount of Service Fee that have been paid (which is recorded according to Media system) or a maximum of ten million Rupiah.
- Partner hereby agrees that it shall indemnify Media and hold Media (including affiliates, directors, commissioners, shareholders, employees, and/or authorized representatives of Media) from any claims or demands, including reasonable legal fees, made by third parties arising from violations of this Terms and Conditions by Partner, improper use of Cash Out Service and/or Faspay merchant dashboard and/or due to violations by Partner against prevailing laws and regulations or the rights of third parties.
- Each Party may individually carry out publication, advertising, promotion, socialization, and education activities about the Cash Out Service through the promotional and information media of each of Party at the cost of each of each Party.
- Each Party may jointly carry out publication, advertising, promotion, socialization, and education activities about the Cash Out Service at a cost based on the agreement between Media and Partner, which, if necessary, the execution will be regulated in a separate minutes of agreement which will become an integral part and inseparable part of this Terms and Conditions and the Faspay Registration Form.
- The execution of the promotion including but not limited to the content, material and method of execution will be agreed in advance by Media and Partner.
- Partner agrees that in the context of marketing and promotional activities, Media is entitled to place Partner's name and logo on marketing and promotional media.
- Media agrees that in the context of marketing and promotional activities, Partner is entitled to place Media’s name and logo on marketing and promotional media.
- The period of use of each Party’s logo as stated in paragraphs (4) and (5) of this Article is having the same duration as the cooperation between the Parties based on the Faspay Registration Form and this Terms and Conditions.
- Partner shall not transfer the rights and obligations in this Terms and Conditions either partially or entirely to any third party without prior written approval from Media.
- Partner agrees to comply with this Terms and Conditions in good faith and with a full responsibility and shall always subject to and comply with the prevailing laws and regulations in Indonesia, including but not limited to the laws and regulations issued by Bank Indonesia and other government institution.
- All of the rights and obligations of the Parties arising under this Terms and Conditions shall be subject to and interpreted in accordance with the prevailing laws and regulations in Republic of Indonesia.
- All the terms and conditions in this Terms and Conditions shall apply and bind the Parties who signed the Faspay Registration Form, its successors, and those who benefit from it.
- Partner hereby agrees that Media shall not be responsible for any errors and/or omissions made by third parties outside of Media.
- If there is any provision or part of this Terms and Conditions becomes invalid, void, unenforceable, illegal, or becomes unapplicable, then that provision or part shall be deemed deleted from this Terms and Conditions and the invalidity of such provision has no impact on and does not reduce the binding validity for the implementation of any other provisions of this Terms and Conditions, so that other provisions of this Terms and Conditions will remain in full force.
- This Terms and Conditions is an English version of Syarat dan Ketentuan Layanan Cash Out that can be accessed in the following link: https://faspay.co.id/en/ftnc-cash-out/ ("Bahasa Indonesia Version"). In compliance with the Law of the Republic of Indonesia No. 24 of 2009 dated July 9, 2009 regarding Flag, Language, Coat of Arms and Anthem and its implementing regulations (the “Law No. 24“), the Parties agree that the Bahasa Indonesia Version of this Terms and Condition shall be treated as an integral and inseparable part of the English version. In the event of any ambiguity, inconsistency or difference of interpretation between the Bahasa Indonesia Version and the English version, the Bahasa Indonesia Version shall prevail and Partner is encouraged to refer to the Bahasa Indonesia Version. Each Party further agrees that neither Party shall in any manner or forum, or in any jurisdiction, challenge the validity of, or raise or file any objection to, this Terms and Conditions contemplated herein on the basis of non-compliance with Law No. 24.