Syarat dan Ketentuan Aplikasi Livin’ Merchant - Badan Usaha
Syarat dan Ketentuan General Aplikasi LM Badan Usaha
Terms and Conditions of Use
Livin' Merchant Application
A. Definition
- Livin' Merchant Application, hereinafter referred to as the Application, is an application owned by the Bank that can facilitate Merchant to conduct their business activities as specified in these Terms and Conditions.
- Bank is PT Bank Mandiri (Persero) Tbk, located and headquartered in Jakarta, which is the owner of the Application and authorized to process Transactions.
- Business Entity is a form of business or company, whether incorporated or unincorporated, that conducts a type of business with the aim of making a profit.
- Transaction Evidence is proof of a Transaction that has been authorized by the Bank and displayed on the Application.
- Card Dongle is a Card payment acceptance device that is connected to an Application.
- Chargeback is a payment made by a Merchant to a Bank for a Transaction disputed by a Buyer that has already been paid by the Bank.
- Personal Data is data about individuals that who is identified or may be identified individually or in combination with other information, either directly or indirectly through electronic or non-electronic systems.
- Business Day is a day on which banks and other financial institutions in Indonesia generally conduct operational activities and perform clearing in accordance with Bank Indonesia regulations.
- Calendar Day is any day in a year without exception, including Sundays and national holidays that are designated by the government as non-Business Days.
- Card is a Credit Card and/or Debit Card.
- Debit Card is a card that can be used to make payments for obligations arising from economic activities, including shopping transactions, where the cardholder's obligations are fulfilled immediately by directly reducing the cardholder's savings in the bank.
- Credit Card is a card that can be used to make payments for obligations arising from economic activities, including shopping transactions, where the cardholder's payment obligations are fulfilled in advance by the Bank or issuer, and the cardholder is obliged to make payments at an agreed time, either in a lump sum or in installments.
- Electronic Data Capture Service (EDC) is a Product payment acceptance service through EDC using Card.
- Merchant is a Business Entity who carries out Product sales activities both online and offline and has been approved by the Bank as a working partner and is entitled to receive Transaction payments based on the method determined by the Bank.
- Merchant Discount Rate (MDR) is a certain percentage or value of each Transaction charged to a Merchant under an agreement between the Merchant and the Bank, which will be deducted at the time of Transaction disbursement.
- MTI is PT Mitra Transaksi Indonesia, located and headquartered in Jakarta, provides Point of Sales (POS) capabilities and other facilities integrated with the Application.
- OTP (One Time Password) is a number code sent via SMS to the Merchant's registered mobile phone number used for verification.
- Employee is an individual who has a working relationship with the Merchant and/or is appointed by the Merchant based on a power of attorney to carry out the Merchant's business activities, either as managers or cashiers.
- Buyer is an individual who conducts Transactions for the purchase of Products provided by the Merchant.
- Principal is a bank or non-bank institution responsible for managing the system and/or network between its members, both those acting as issuers and/or acquirer banks, including VISA, Mastercard, JCB, Unionpay and/or other payment system service providers.
- Products are goods and/or services sold by a Merchant.
- Quick Response Code Indonesian Standard (QRIS) is a payment transaction processing technology standard in the form of Payment QR Code and/or other technology based on data communication (messaging) Payment QR Code set by Bank Indonesia to be used in facilitating contactless payment transactions in Indonesia through scanning and/or without scanning.
- Account is a Bank account under the name of the Merchant which is used for the purpose of disbursing funds resulting from Transactions.
- Transactions are payment activities carried out using QRIS, Bank debit cards, and/or Electronic Money.
- Offline Transaction is a payment activity carried out face to face (offline).
- Online Transactions is a payment activity carried out via online means.
- Cash is payment with banknotes and/or coins denominated in Rupiah.
B. Onboarding
- General
- The Application can be accessed by using a smartphone and/or a tablet with Android OS version of at least version 8.0.
- Registration can only be done by Merchants who are already registered as EDC Business Entity Merchants at the Bank (“EDC Merchants”), and have a history of disbursements in the last 90 (ninety) days.
- Merchants register by entering the following data:
1) The mobile phone number of the owner/manager of the Business Entity that has been registered as an EDC Merchant as recorded in the Bank's system.
2) The business e-mail address that has been registered as an EDC Merchant as recorded in the Bank's system (“Merchant e-mail”). - Merchants can register more than one business using different accounts and mobile phone numbers for each business, provided that the accounts and mobile phone numbers have become EDC Merchants.
- Merchants agree that all data contained in the registration process will be verified by the Bank and/or MTI through the authorized institution.
- Merchants must have license for their business activities and not carry out business activities that sell products and/or services as in the following list:
1) Endangered exotic animal and/or parts;
2) Virtual/cryptocurrency;
3) Cashing;
4) Gambling;
5) Porn site;
6) Gun shop;
7) Copyrights goods;
8) Adult Shop (sex toys, except related to medical use such as contraception);
9) Illegal drugs;
10) Multi-level Marketing/MLM (limited to MLM money game, ponzi scheme) & Brokers;
11) Auction;
12) Other business activities that are prohibited by applicable laws and regulations in Indonesia.
- Registration Process
- Merchants fill in the Account number as referred to in point B.1 letter c in the Application. If the data entered is successfully verified by the bank, the merchant will receive an e-mail containing a temporary password.
- Merchants can activate their accounts by logging back into the Application, using their mobile phone number and temporary password sent to the Merchant's e-mail.
- After that, the Merchant receives an OTP code on their mobile phone number to be entered into the Application.
- The Bank will send an OTP code via SMS to the registered mobile phone number for verification.
- Next, the Merchant creates a password to access the Application. Once the password has been successfully created, the password previously sent to the Merchant's e-mail address is no longer valid.
- The Merchant creates an alphanumeric password to access the Application account.
- The Merchant selects one of the businesses registered with Merchant EDC to be registered in the Application.
- Registration is complete when the Merchant has confirmed the accuracy and validity of the registered business data.
- Passwords and OTPs are confidential codes. Merchants are required to maintain the confidentiality of OTP codes and passwords, including not disclosing them to other parties, including family members, close friends, and parties claiming to be Bank employees.
- In the event that the Merchant discloses their mobile phone number, OTP code, and password to other parties, including employees in the context of business management, the Merchant is fully responsible for all consequences of such disclosure.
- The entire series of registration processes must be completed by the Merchant within 7 (seven) Calendar Days from the start of the password creation initiation process on the Application. If within the specified time the registration process has not been completed by the Merchant, the registration process will be canceled automatically and the agreement as agreed in these Terms and Conditions will expire.
- If the mobile phone and/or SIM card is lost/stolen/duplicated/transferred to another party, this must be informed to us via HiYokke call center 14021, e-mail hiyokke@yokke.co.id, or WhatsApp to 08114014021.
C. Business Management
Merchant may grant access to designated Employees to use the Application and grant the Employees the rights to take necessary actions in connection with the use of the Application as determined by these Terms and Conditions. The following are business management activities that may be carried out by a Merchant:
- Addition of access
- Merchants can add an Employee with one access category, namely as manager or cashier by registering the Employee's name, mobile phone number and e-mail on the Application.
- The Merchant agrees that by adding an Employee to use the Application, the Merchant authorizes the Employee to be able to carry out activities according to the access category provided either as a manager or a cashier.
- Merchants must ensure that they have changed the Employee access category and/or deleted Employee access in the Application if there is a change in the Employee access category or the Employee appointed by the Merchant has stopped working.
- Employees with manager access can:
1) Add, edit, and delete Products, variants, and storefronts from the Application.
2) Carry out process Offline Transactions.
3) Receive, process, or cancel Online Transactions.
4) Add and remove Employees in the cashier access category.
5) View Transaction history reports, including income reports and income summary graphs.
6) Carry out other activities assigned based on access categories in the Application. - Employees who have access as cashiers can:
1) Carry out Offline Transactions.
2) Receive and process Online Transactions.
3) View income reports.
4) Carry out other activities provided based on access categories in the Application
- Addition of Product catalogue
- Addition Products via the Application:
1) The maximum number of Products that can be added to the Application is 1,000 (one thousand) Products for each outlet.
2) The maximum stock recording for each Product added to the Application is 9,999 (nine thousand nine hundred and ninety-nine) stocks.
3) The maximum number of photos for each type of Product is 3 (three) photos.
4) Each Product added must be categorized based on the categories provided. - The listing of Product prices through the Application must comply with the following provisions:
1) The minimum unit price for Products that can be offered is IDR 100.00 (one hundred Rupiah) and the maximum unit price for Products is IDR 99,999,999.00 (ninety-nine million nine hundred ninety-nine thousand nine hundred ninety-nine Rupiah).
2) Product prices and payments are set in Rupiah and subject to applicable tax regulations.
3) The listing of Product prices on the Application is the responsibility of the Merchant.
4) In the event of an error/ negligence occurs in the inclusion of the Product price, the Merchant is obliged to resolve the problem with the Buyer.
5) Resolving problems of errors/negligence in the inclusion of the Product price is a legal relationship between the Merchant and the Buyer.
- Addition Products via the Application:
- The Merchant
Account type is an Ultimate Account with Point of Sales (POS) features, Offline Transaction acceptance (QRIS payment methods, cash, EDC services, transfers, Debit Cards, and Card Dongles), and transaction reports. The Ultimate Account type has the added benefit of an unlimited daily fund withdrawal limit. - Multi Outlet
A feature that allows Merchants to add outlets and perform certain management or operational settings at their business locations. Further provisions regarding the Multi Outlet feature will be regulated in the Multi Outlet Terms and Conditions. - Payment Receipt Notifications
- Merchants and Employees can set up payment receipt notifications on the Application for each successful Transaction. Notifications can be in the form of a ring tone without a nominal value or with a nominal value.
- The settings for ring tones without a nominal value or ring tones with a nominal value apply to all accounts at the Merchant's outlet.
- Notifications with an amount mention only apply to Transactions using QRIS and Card Dongle. If the Merchant selects notifications with an amount mention, payment receipt notifications for other methods will remain as ring tones without an amount.
D. Order Acceptance by Merchants
Merchants can accept orders in the Application through the following features/channels:
- Cashier, which includes the following features:
- Open Bill, where the Buyer makes payment after the Product order has been received by the Buyer.
- Close Bill, where the Buyer makes payment before the Product order is received.
- Table QR
A feature to facilitate Buyers in ordering Products independently by scanning a QR code, which will direct Buyers to order Products through the website. - Kiosk
An interactive device integrated with the Application to facilitate customers in placing product orders independently at locations managed by partners collaborating with the Bank. Order acceptance via the Kiosk feature is limited to merchants collaborating with partners designated by the Bank.
E. Transaction
- In the process of accepting Online Transactions and Offline Transactions, Merchant is required to provide the best possible service to Buyers including:
- Accept Transactions with a choice of available payment methods in accordance with the nominal price of the Product.
- Guarantee not to impose any additional fees to the Buyers (surcharge) in any form that should be imposed by the Bank to the Merchant as prohibited by the applicable regulations, including but not limited to Bank Indonesia Regulation Number 23/6/PBI/2021 concerning Payment Service Providers (Peraturan Bank Indonesia Nomor 23/6/PBI/2021 tentang Penyedia Jasa Pembayaran) and all its amendments.
- Provide clear and precise instructions to the Buyer when the Buyer is about to make a payment.
- Accept payments for Offline Transactions by Buyers using transfers, QRIS, Cash, Card Dongle, EDC Services, transfers, and/or other methods available at a later date.
- Merchant Discount Rate (MDR)
For the use of the Application, the Merchant will be charged with Merchant Discount Rate (MDR). MDR for each payment method based on business type in accordance with the Decree of the Deputy Governor of BI No. 27/1/KEP/Dp.G/2025 concerning Determination of QRIS Payment Transaction Processing Pricing Scheme (Surat Keputusan Deputi Gubernur BI No. 27/1/KEP/Dp.G/2025 tentang Penetapan Skema Harga Pemrosesan Transaksi Pembayaran QRIS) and all its amendments:- QRIS is 0.3% for Micro Enterprises (UMI) and 0.7% for Small Enterprises (SEE), Medium Enterprises (UME) and Large Enterprises (UBE).
- Other payment methods will be announced and agreed upon at a later date by the Bank and the Merchant.
In the event that the Bank implements a new payment method and/or a promotional program and/or discontinues a promotional program that causes the MDR percentage as stipulated in these Terms and Conditions to become smaller or larger, the Bank and/or MTI will notify the Merchant no later than 30 (thirty) Business Days prior to the effective date of such provisions or within the timeframe stipulated by applicable laws and regulations.
- Taxes and Service
The Application has a Tax and Fee feature so that the Merchants can calculate Taxes and Fees which will then accumulate in the total price paid by the Buyer. Tax and Fee Feature include:- Tax
Tax is a mandatory contribution to the state by individuals or entities that are compelling in nature whose amount is determined based on applicable laws. The Tax feature may calculate the value that must be paid by the Buyer after adding the applicable tax rate. - Service Fee
Service Fee is a fee charged by the Merchant to the Buyer for Product purchase services. Service Fee can calculate the value that must be paid by a Buyer after adding the Service Fee. - Packaging Fees
Packaging Fees are fees charged by Merchants to Buyers for packaging takeaway Products by Buyers. - Other additional fees Merchant may add other fees that will be charged to the Transaction. The number of other fees that can be added is a maximum of 7 types of fees.
The Merchant guarantees that it has entered the applicable Tax rates, Service Fees, and other additional fees in accordance with the applicable provisions to be paid by the Buyer. Any errors or omissions by the Merchant in entering the Tax rates and/or Service Fees and/or other additional fees are entirely the responsibility of the Merchant, and shall be resolved directly between the Merchant and the Buyer.
- Tax
-
The total price paid by the Buyer with 3 (three) decimal places will be rounded up to the nearest Rp100.00 (one hundred Rupiah), example: the price of Rp17,175.00 (seventeen thousand one hundred seventy-five Rupiah) becomes Rp17,200.00 (seventeen thousand two hundred Rupiah).
- Merchants are required to report to the Bank if they encounter:
- Transaksi yang dinilai berisiko tinggi dan abnormal; dan/atau
- Anomali peningkatan kegagalan Transaksi.
- Merchants must be vigilant against counterfeit money Transactions, calculate change, store cash received in a secure location, ensure Transactions are completed successfully, and take other measures to support the smooth processing of Cash and non-Cash Transactions and protect Merchant assets.
F. Cancellation, Return and Exchange of Products
- Product Cancellation via Application
- Cancellation of a Product order may be made by the Merchant at the Buyer's request or in accordance with the Merchant's policy.
- Cancellation of a Product order is accompanied by a refund of the total price paid by the Buyer minus MDR.
- If there is a cancellation via the Application, the canceled Transaction funds will not be automatically returned to the Buyer. The canceled Transaction Funds will still be disbursed to the Merchant’s Account. In the future, this will be resolved between the Merchant and the Buyer according to the Merchant's policy.
- Product Returns or Exchanges
- Product returns or exchanges are made by the Buyer subject to the Merchant’s applicable policies.
- Product return and/or exchange procedures are carried out outside the Application based on the Merchant's agreement with the Buyer which is the sole responsibility of the Merchant and the Buyer.
G. Disbursement of Funds Resulting from Transaction
- The Merchant hereby agrees that in the event of a discrepancy in data, the Bank's data shall be used, unless the Merchant can prove otherwise no later than 7 (seven) Calendar Days from the date of disbursement of the Transaction proceeds.
- The Bank may make corrections to the disbursement of funds resulting from Transactions that have been credited to the Merchant Account by informing the Merchant no later than 48 (forty-eight) hours after the correction has been made.
- The Merchant accepts and understands that there may be delays in the disbursement of funds resulting from Transactions. In the event of a delay, the Bank will notify the Merchant at the earliest opportunity via the Merchant's e-mail registered on the Application.
- The Bank may conduct verification before disbursing Transaction funds to the Merchant.
- Disbursement of QRIS Transaction Funds
- Merchants agree that the initial method of disbursement for QRIS Transactions will be determined by the Bank and will apply to new Merchants.
- The Bank may disburse QRIS Transaction funds that are successful, do not exceed the disbursement limit based on the Merchant's account type, and/or are not classified as fraudulent Transactions.
- Merchants can choose one method of disbursing funds from QRIS Transactions, namely:
1) Scheduled Disbursement Disbursement of funds from QRIS Transactions with the disbursement time as stipulated in point G.5 letter d.
2) Realtime Disbursement Disbursement of funds from QRIS Transactions is immediately disbursed to the Account as long as it does not exceed the applicable disbursement limit. - If the Merchant chooses the Scheduled Disbursement method, the Bank will disburse the funds from QRIS Transactions at the following times:
1) 5 (five) times per day: every 6:00 a.m., 10:00 a.m., 2:00 p.m., and 10:00 p.m. WIB
2) 3 (three) times per day: every 8:00 a.m., 4:00 p.m., and 8:00 p.m. WIB
3) Daily: every day at 6:00 AM WIB
4) Weekly: every Monday at 6:00 AM WIB
5) Monthly: every 1st (first) of the month at 6:00 AM WIB - In the event that the Merchant wishes to withdraw funds from Transactions outside of the withdrawal schedule as stipulated in point G.5 letter d, the Merchant may make an instant withdrawal on the Application. Instant withdrawal is automatically available if the Merchant has selected the Scheduled Withdrawal method, and will be automatically disabled if the Merchant changes the withdrawal method to real-time. The maximum amount of funds from QRIS Transactions that can be withdrawn by the Merchant will be indicated in the Application.
- If the Merchant choose daily, weekly and monthly disbursement times, and understand that funds from Transactions received on the Scheduled Disbursement day from Pk 00:00 WIB can only be withdrawn instantly after the Scheduled Disbursement has been made.
- If the Merchant makes an instant withdrawal, the Merchant understands that the Transaction fund disbursement detail that has been disbursed by the Bank to the Account will be included in the MSR on the next Scheduled Disbursement schedule.
- The Merchant agrees that the Bank may make changes to the final deadline for Transaction disbursement with prior notification to the Merchant through the Application.
- Changes in the Method of Disbursement of funds from QRIS Transactions
- Merchants can make changes to the disbursement method on the Application, and changes to the disbursement method will be effective at Pk 00.00 WIB since 1 (one) Calendar Day after the change in the disbursement method is made.
- If there are remaining funds from QRIS Transactions that have not been disbursed by the Bank and the Merchant changes the disbursement method, the remaining funds will be disbursed by the Bank at the end of the day before the new disbursement method becomes effective.
- If there are remaining funds from QRIS Transactions from Merchants who first change the disbursement method (QRIS Transactions at Pk 18.00 - 23.59 WIB), the remaining funds will be disbursed by the Bank at the first disbursement time on the following day (Pk 08.00 WIB).
- Disbursement of funds from Card Dongle Transactions
- Funds from Debit Card and Credit Card Transactions through Card Dongle will be disbursed by the Bank every following Calendar Day at Pk 06.00 WIB, for all Transactions made on the previous day within the period of Pk 00.00 to 23.59 WIB.
- Disbursement limit based on Merchant account type does not apply to the disbursement of Card Transactions through Card Dongle and Debit Card.
- Funds from EDC Kiosk Transactions will be disbursed by the Bank 1 (one) Calendar Day after the Transaction is conducted at Pk 05.00 WIB.
- The remaining funds that have not been disbursed at the time of disbursement because they have exceeded the disbursement limit based on the type of Merchant account, will be disbursed at the next disbursement time according to the Bank's analysis.
- Information regarding the nominal amount of funds that have been disbursed to the Merchant Account will be listed in the report with the disbursement limit conditions according to the account type in the Application.
- The Bank will disburse Transaction funds to the Merchant Account after deducting MDR fees and fees to the manager cooperating with the Bank (if any) on the specified day in accordance with the disbursement method selected by the Merchant as stated in these Terms and Conditions. The Merchant understands that the value of the fees to the manager is based on a separate agreement between the Merchant and the manager.
- The Merchant hereby authorizes the Bank to deduct the MDR and fees to the manager (if any) for the Transaction and authorizes the Bank to hold an amount of funds in the Account and/or other Merchant accounts registered with the Bank for a certain period in the event of incoming Chargebacks and/or the Merchant is suspected or proven to be fraudulent.
H. Transaction History
- Merchant can view Transaction History on the Application, including income reports, disbursement reports, income summary chart, and other reports available in the Application. Access to view income reports can also be granted to Employees.
- Income reports include all Transactions received by the Merchant using various payment methods, while the disbursement reports are funds from Transaction that have been disbursed to Accounts.
- The Merchant understands and agrees that the total funds in the income report and the total funds in the disbursement report may not be the same, because Cash, EDC and transfer payment methods are not recorded in the disbursement report in the Application.
- The Merchant will receive a Merchant Statement Report (MSR) via the Merchant’s e-mail within 1 (one) calendar day from the disbursement of the Transaction to the Merchant's account.
I. Cashier Points
- Cashier points are points awarded to the Owner, manager, and/or cashier of a Merchant if a Buyer makes a Transaction using the Livin' by Mandiri app with a nominal value set by the Bank.
- Cashier points can be exchanged for gifts provided by the Bank based on the number of Cashier Points earned within a certain period as informed by the Bank.
J. Monitoring and Supervision of Transactions and Applications
- If the Bank suspects that a Transaction is a fraud, a fictitious Transaction, engineered, there is an impropriety regarding the value, amount, pattern and/or other matters related to the Transaction, prohibited by applicable laws and regulations, and/or not in accordance with these Terms and Conditions, for the purposes of Transaction checking and/or performance of this Application, the Bank is entitled without prior notification to:
- Block the Merchant’s Account;
- Withhold or delay the disbursement of Transactions to the Merchant;
- Cut or collect back the bills that have been paid to the Merchant;
- Temporarily or permanently stop the Application services to the Merchant;
- At any time terminate the cooperation with the Merchant; and/or
- Other actions deemed necessary by the Bank to check Transactions and/or the Application.
- If based on the Bank's supervision it is known that the Merchant is complained about by the Buyer and/or canceling Product orders regularly, the Bank may close the website and/or the Application account owned by the Merchant.
K. Chargeback
- In the event of a Transaction cancellation by the Buyer, the Merchant may receive incoming Chargeback information from the Bank for both On Us and Off Us Transactions. Upon receiving the Chargeback information, the Merchant may provide a confirmation response no later than:
- 10 (ten) calendar days for Transactions using QRIS; and
- 7 (seven) calendar days for Transactions using the Bank's Card Dongle or EDC.
- Chargebacks may be caused by:
- Goods being returned and/or Transactions being canceled by the Buyer with the Bank's approval.
- The Buyer disputing the Transaction, questioning the quality or delivery and/or shipment of goods accompanied by valid evidence.
- The sale of goods/services provided or the use of Cards and/or Electronic Money and/or QRIS violates applicable laws or regulations and statutes.
- An error or mistake occurs in the Bank's payment to the Merchant.
- The Merchant violates one or more of the Terms and Conditions, other than the violations specifically stipulated in point K, in connection with Transactions or other conditions that can be used as a basis for Chargebacks in accordance with the Principal's provisions or other provisions applicable in the Credit Card and Debit Card industry.
- In the event of a Chargeback caused by clause K.2, the Merchant hereby authorizes the Bank to deduct the Merchant's bill at the Bank and/or deduct the next bill and/or block and/or debit the Merchant's Account and/or other accounts registered with the Bank for the refund of the disputed Transaction if the following conditions exist:
- The Transaction Evidence submitted to the Bank is deemed to have been created or altered improperly without the Bank's consent;
- The Transaction Evidence submitted to the Bank is illegible and/or incomplete; and/or
- The Merchant is unable to submit the Transaction Evidence within the time limit specified by the Bank, which is no later than:
(i) 10 (ten) calendar days for Transactions using QRIS; and
(ii) 7 (seven) Business Days for Transactions using the Bank's Card Dongle or EDC;
or the period in accordance with the provisions applicable at the Bank.
- In the event of a Chargeback caused by point K.2 and the Merchant is unable to provide confirmation within the specified time limit, the Bank will re-bill or debit the Merchant's account in accordance with the Chargeback claim submitted by the Issuer, which will then be forwarded to the Buyer for both On Us and Off Us transactions.
- In the event of a debit and/or deduction of the Merchant's bill as referred to in point K.4, this shall be carried out in accordance with the calculations in the Bank's system, preceded by written notification to the Merchant.
- The Merchant hereby authorizes the Bank to deduct payment for Transactions to the Merchant, block, debit the Merchant's Account and/or other accounts belonging to the Merchant for the payment of any penalties imposed by the Principal on the Merchant and/or the Bank in connection with the Merchant exceeding the Chargeback tolerance limit (excessive chargeback) and/or the Merchant's violation of the Principal's provisions related to Chargebacks that must be borne by the Merchant.
- All fines imposed by the Principal on the Merchant and/or the Bank in connection with the Merchant exceeding the Chargeback tolerance limit (excessive chargeback) and/or the Merchant's violation of the Principal's provisions related to Chargebacks shall be borne by the Merchant.
L. Account Closure
Account closure may be carried out by the Merchant or the Bank, on the following terms:
- Merchant
In the event that the Merchant closes the Account, the Application account cannot be used. - Bank
- Closure of Application account by the Bank in the event of:
1) Merchant closes the Account registered as an Application account;
2) Does not fulfill the provisions of the applicable laws and regulations;
3) Does not fulfill these Terms and Conditions related to the sale of Products in the Application;
4) Based on the request of an authorized agency; and/or
5) Based on the Bank’s policy. - If there are rights and/or obligations that have existed before the account closure or the end of this Application but have not been fulfilled by the Bank, MTI, and/or the Merchant, these rights and/or obligations still exist until the parties fulfill their rights and/or obligations
- Closure of Application account by the Bank in the event of:
M. Complaint Resolution
- Complaints to MTI regarding Transactions, Applications, or Merchant data via call center 14021, e-mail hiyokke@yokke.co.id, or WhatsApp to 08114014021.
- Complaints to the Bank related to accounts through branch offices and/or call center 14000.
- The Bank and/or MTI has the right to request and be provided with valid information and/or supporting documents to follow up on the complaint in question.
N. Request, Order, and Documentation
- All requests or applications or orders in the Application may only be carried out if you have accessed the Application in accordance with the provisions of 2FA (Two Factor Authentication) under ISO 27001 standard and applicable regulations.
- All requests or applications or orders in the Application constitute legal acts, therefore are legally binding and may not be refuted (non-repudiation). The Merchant is required to ensure the accuracy and completeness of requests and orders (including ensuring that all required data has been filled in completely and correctly).
- The Merchant is responsible for every Transaction made through the Application including but not limited to, among other, errors in selecting menus, errors in entering orders, or errors in entering nominal amount. The use of the Application must follow every instruction in carrying out Transactions carefully and any losses due to Transactions and/or erroneous Transaction fees are the responsibility of the Merchant.
- The Bank and/or MTI is entitled to refuse or cancel requests and/or applications and/or orders made by the Merchant in the Application for the following reasons:
- Indications that a fraud or a criminal activity has been or will be committed;
- Does not fulfill the requirements required by the Bank and/or MTI in processing requests or orders;
- Based on other reasons and considerations solely determined by the Bank and/or MTI in order to protect the interests of the Merchant;
- Not in accordance with applicable laws and regulations;
- Based on the request of the authorized institution.
- All request or applications or orders through the Application that are received, executed, and/or documented by the Bank and/or MTI, including but not limited to governance or registers regarding the matter in question.
- If there is a difference in the data or information received by the Merchant with that recorded in the Bank's data center, the applicable or valid data or information is that recorded in the Bank's data center, unless it may be proved otherwise through a court decision.
- The Merchant agrees not to dispute the validity, correctness or authenticity of transaction evidence, including but not limited to Transactions using the Application which are electronically transmitted between the parties, including documents in the form of SMS, system records, tape/cartridges, computer printouts, copies or other forms of storage of information or data contained in the Application unless it may be proved otherwise through a court decision. Transaction evidence is a valid and binding evidence based on instructions carried out by the Application.
- The Merchant acknowledges that communications and instructions from the Merchant received by the Bank will be treated as valid evidence even though no non-electronic document is produced or no signed physical document is issued.
- The use of passwords, OTP code verification, and/or other personal identification media in the Application has legal force that is binds the Merchant is proving the Merchant’s will in the Application.
- The Bank and MTI implement the principles and mechanisms for protecting the Merchant's financial assets in accordance with the provisions of applicable laws and regulations, including but not limited to providing transaction history information and/or control mechanisms against misuse, including:
- Deceit, deception, embezzlement of assets, leakage of information, and banking crime (fraud);
- Not complying with applicable norms (misconduct); or
- Other abuse.
O. Dispute Resolution
- The Merchant agrees that any dispute or difference of opinion between the Merchant and the Bank and/or MTI arising out of and/or relating to the implementation of the terms and conditions of this Application will be resolved by means of deliberation for consensus.
- Any dispute or difference of opinion that may not be resolved amicably by the Merchant and the Bank will be resolved through banking facilitation at Bank Indonesia or the Financial Services Authority or mediation administered by an Alternative Dispute Resolution Agency listed in the List of Alternative Dispute Resolution Agencies determined by the Financial Services Authority.
- Any dispute or difference of opinion between the Merchant and MTI and/or with the Bank that may not be resolved through deliberation, banking facilitation, and/or mediation as referred to in point O.1 and point O.2 above will be resolved through the South Jakarta District Court without prejudice to the Bank's and/or MTI's right to file a lawsuit or demands through other District Courts within the territory of the Republic of Indonesia
P. Confidentiality
- Merchants must be fully responsible for the confidentiality and security of data including but not limited to Online Transaction data, Offline Transaction data and Buyer data received by the Merchant, by not providing it to other parties than the Bank and/or MTI or parties appointed by the Bank and/or MTI and/or authorized institution.
- Merchants must ensure that Employees including Managers, Cashiers and other parties who are employed or whose services are used by the Merchant maintain the confidentiality and security of data as in point P.1.
- The Merchant hereby undertakes to compensate all losses arising from misuse of data and/or data leaks caused by negligence or errors of the Merchant or other parties who are employed or whose services are used by the Merchant.
- These provisions remain valid and binding on the Merchant even after the cooperation has ended
Q. Force Majeure
The Merchant hereby releases the Bank and/or MTI from all lawsuits, demands, and/or other legal actions in any form for the delay and/or failure of the Bank and/or MTI in fulfilling some or all of its obligations related to the provision of the Application if the delay and/or failure is caused by events or causes beyond the control or ability of the Bank and/or MTI, including but not limited to natural disasters, fire, war, disease outbreaks, riots, sabotage, virus interference, dangerous components that may disrupt the Application, web browsers or system computers of the Bank and/or MTI, equipment, systems or transmissions that are not functioning, electricity failures, telecommunications problems, government policies that prohibit the Bank and/or MTI from providing services to the Merchant.
R. Kuasa, Pernyataan dan Jaminan
- The Merchant hereby declares that it has the authority to take legal actions to agree to these Terms and Conditions, including other engagements with the Bank and/or MTI, and is not prohibited from doing so under the applicable law.
- The Merchant guarantees that is has obtained the consent of its Employees for their Personal Data to be provided to the Bank and/or MTI in connection with the use of the Application.
- The Merchants grants a declaration, rights, permission, approval, power and authority, with a substitution right to the Bank and/or MTI, including but not limited to:
- Collect, withdraw, obtain, receive and/or retrieve some or all of the Personal Data and other information (including Employee Personal Data provided to the Bank and/or MTI) in connection with the operation of the Application, including account opening registration either verbally, in writing, electronically, through the system or by other means and in any form;
- Granting consent to the Bank and/or MTI to use the Personal Data, including but not limited to information related to records, statements or reports related to Transaction data using this Application;
- Storing Merchant and Employee Personal Data as long as it is treated in accordance with applicable laws;
- Storing and using Merchant personal data attached to the device used by the Merchant to download the Application, among other things, for the convenience of the Merchant in accessing the Application.
- Merchants are willing to provide information and/or data required by the Bank and/or MTI in the context of conducting examinations by Regulators, the Bank, authorized parties, and/or other parties appointed by the Bank and/or MTI in connection with the use of the Application.
- The declares that all information and/or documents provided to the Bank and/or MTI are true and accurate, including information and/or data on Employees and business activities registered in the Application by the Merchant in accordance with the business activities carried out by the Merchant.
- The Merchant agrees that if the Merchant's business name does not reflect the type of business activity of the Merchant, the Bank may add a description of the type of business activity of the Merchant, such as “Restaurant,” “Stationery Store,” “Pharmacy,” or other descriptions related to the type of business activity of the Merchant.
- The Merchant will not give the Bank and/or MTI, employees of the Bank and/or MTI, or parties affiliated with the Bank and/or MTI anything that may be categorized as gratuity under the applicable laws and regulations.
- The Merchant hereby authorizes the Bank to deduct payments from Online Transactions and/or Offline Transactions, block and/or debit the Merchant's account to return payments for problematic Online Transactions and/or Offline Transactions that have been paid by the Bank.
- The Merchant hereby ensures that the device used to access the Application is free from viruses, malware, and/or other things that may harm the Merchant.
- The Merchant agrees to comply with all applicable laws and regulations, provisions issued by Bank Indonesia (BI), Financial Services Authority (OJK), the Bank and MTI, payment system service providers, and competent institutions.
- The Merchant is required to implement the principles of Anti-Money Laundering and Prevention of Terrorism Financing (APU-PPT), healthy business competition and antimonopoly in accordance with the provisions of applicable laws and regulations.
- The Merchant has been given sufficient time to read and understand these Terms and Conditions of Application.
S. Idemnification
- All consequences arising from the use of the Application are the sole responsibility of the Merchant, including any damage, loss, or expense, including without limitation, direct or indirect, special, or consequential damages, or economic losses arising in any form and in any manner, from or in connection with:
- Access to or use of the Application, or inability to access or use the Application;
- Unacceptability and/or non-follow-up of communications related to the Application;
- Any misuse of password, Personal Identification Number (PIN), and OTP Code, either due to intentional or negligence in storing or using or managing password, PIN, and/or OTP Code;
- Any instruction or Transaction made through the Application;
- Any loss or misuse or unauthorized disclosure of information;
- System, server or connection failures, error, omission, interruption, interception, delay in operation or transmission, or computer virus, cyber-attack, e-mail phishing, spyware, worm, software logic, time bomb, trojan horse or other similar malicious components, unless such damage or loss may be proved under the provisions of applicable laws and regulations;
- Disputes with Buyers regarding Product prices and information and/or sale and purchase activities;
- Disputes arising from order cancellations, returns and/or exchanges of Products, and refunds. Banks and/or MTI shall not be liable to any party for refunding MDR and other costs incurred as a result of the Transaction process;
- Any claims, lawsuits, or requests for compensation from the Merchant, Buyers, and/or any party related to the delivery and/or shipping of the Product;
- Any losses arising in connection with the temporary or permanent termination of the Application;
Which are not caused by purposefulness, error, negligence, or violation by the Bank and/or MTI.
- Whereas, the Application is established and/or operated in accordance with the principle of prudence in accordance with the provisions of applicable laws and regulations, and the Bank and/or MTI does not provide any warranty of any kind on the Application, including but not limited to satisfactory quality assurances, fitness for a purpose, accuracy, reliability, and freedom from malware and e-mail phishing provided in connection with the Application or the contents thereof, including any third-party links.
- The Application’s Content is provided as general information and may not be used as a basis for making decision for any particular investment, business, or commercial.
- Whereas, this Application is operated using online telecommunication and/or internet services organized by third parties. The Bank and/or MTI does not guarantee the stability of the telecommunication network so that transmission interruptions, interceptions, hacks, fluctuations, inaccuracies, defects, damages, losses, connection errors, transmission outages, transmission delays or failures, and/or incorrect, inappropriate, or incomplete data transmission are possible. The Merchant releases the Bank and/or MTI from liability for any damage, disruption, failure, closure, or malfunction in internet or communication facilities that are not under the reasonable control of the Bank and/or MTI, unless caused by willful misconduct, intentional errors, or gross negligence on the part of the Bank and/or MTI that may affect the accuracy, authenticity, or timeliness of any transmission that may be sent.
- In operating the Application, the Bank and/or MTI implement security measures as required by applicable laws and regulations. Therefore, Merchants and/or their employees are personally responsible for the security of access to and use of e-mail, SMS services, and all other messages sent via the internet, the Application, or mobile phones. To the extent permitted by applicable laws and regulations, the Merchant releases the Bank and/or MTI from any liability for any damage or loss or potential loss, whether direct or indirect, caused by or incurred in connection with or arising from e-mail, SMS, and other messages sent (either to the Bank and/or MTI, or by the Bank and/or MTI) via the internet, the Application, or mobile phones, except if caused by malice, intentional error, or gross negligence on the part of the Bank and/or MTI.
T. Promosi dan Penyampaian Informasi
- Bank and/or MTI will deliver information regarding the Bank and/or MTI as well as this Application and the amendments thereof, including but not limited to technical and nontechnical changes as well as amendments to the terms and conditions pertaining to the Application.
- The Bank and/or MTI has the right to convey information on offers and/or information on Products and services of the Bank or its subsidiaries, and/or its affiliates, through electronic means and/or adequate written means in accordance with the provisions of applicable laws and regulations either through the Application, branch offices, or website of the Bank as a form of promotional needs.
- Specifically, information classified as bank secrets as regulated in laws and regulations is only submitted to the Merchant and, therefore, the Merchant hereby releases the Bank and/or MTI from all claims which may arise, both from other parties and the Merchant himself/herself, as a result of the misuse of such information.
U. Intellectual Property Rights
- Unless stated otherwise in the Application, patents, copyrights, trade secrets, trademarks, service marks, graphics, images, logos, and all other intellectual property rights in the Application and its content; including upgrades, developments, ideas, concepts, know-how or techniques delivered through the Application (collectively referred to as "Intellectual Property") are the property of the Bank.
- No section of these Terms and Conditions which may be used, downloaded, reproduced, distributed, published, modified, displayed, broadcasted, hyperlinked, and/or transmitted by any means or stored in an information retrieval system without prior written consent from the Bank.
- The Intellectual Property owned by the Bank is protected by the provisions of applicable laws and regulations and thus any infringement on the Bank's intellectual property shall be processed in accordance with the provisions of applicable laws and regulations.
- Merchants are prohibited from using the name, logo, brand, or any other type of Intellectual Property rights owned by the Bank or other parties without prior written consent from the Bank or the owner of the name, logo, brand, or other Intellectual Property rights.
V. Amendment to Terms and Conditions
- The Bank reserves the right to make amendments to these Terms and Conditions in the event of:
- Amendment to laws and regulations;
- Request/order from the authorized institution/authority; or
- Based on the Bank’s consideration.
- In the event of an amendment to these Terms and Conditions as referred to in point V.1 which affects the Product and/or service, the Bank within the term stipulated in the laws and regulations shall notify the Merchant via Application and/or other media specified by the Bank.
- The amendments as referred to in point V.1. letters a and b are effective as of the stipulation of laws and regulations or requests/orders from the competent institution/authority.
- In the event that the Merchant objects or rejects any amendment to the Terms and Conditions, the Merchant is entitled to cease the use of the Application and the Merchant is obliged to submit such objection or rejection in writing to the Bank.
- If within the time period as mentioned in point 2, the Merchant does not provide any confirmation (objection/rejection/acceptance), the Merchant submits and agrees to the amendment to the Terms and Conditions.
W. Miscellaneous
- Merchants are required to upgrade the Application at the request of the Bank. A Merchant who does not upgrade the Application result in the Merchant not being able to use the Application or may only access certain features in the Application.
- Merchants must immediately report to MTI in writing if there is a change in the Merchant’s data.
- These Terms are subject to the laws of Indonesia and apply as an agreement for the Merchant, the Bank, and MTI and are an integral and inseparable part of the registration form.
- In the event that any of the provisions in these Terms and Conditions is declared null and void under a provision of applicable laws and regulations, the declaration of null and void may not prejudice the validity or cause the nullification of the other terms or conditions in these Terms and Conditions and, therefore, in such case the other provisions shall remain valid and binding
THESE TERMS AND CONDITIONS HAVE BEEN ADJUSTED TO THE PROVISIONS OF LAWS AND REGULATIONS, INCLUDING THE PROVISIONS OF REGULATIONS OF THE FINANCIAL SERVICES AUTHORITY.