EXPRESS PAY SERVICE AGREEMENT ("AGREEMENT") FOR DANA USERS

Without prejudice to the Terms and Conditions in the DANA Application, In using the Express Pay Service of DANA, the Users agree to bind themselves, agree and comply with the Agreement for DANA Users as follows:

I. DEFINITION

• DANA or hereinafter referred to as “We” shall means the service mark of server-based electronic wallet services created by PT Espay Debit Indonesia Koe ("PT EDIK") (www.dana.id). In conducting the electronic wallet services EDIK has already obtained license as a Payment Service Provider from the authorized institutions (herein referred to as "DANA").
• DANA Account means User account in DANA Application.
• DANA Application means a mobile application managed by PT EDIK which provides payment services in connection with payment made by Users; services related to settlement with the Merchant in connection with the payment and/or other related services.
• Express Pay means online payment or online debit service by linking Source of Fund to DANA Application.
• Merchant means online or offline merchant who receive final payment in the card scheme process.
• Source of Fund means debit card or credit card issued by bank that designated by the Users and has been stored in PT EDIK electronic wallet service via Save Card feature in DANA Application.
• User or “You” means the party that use the services in DANA Application, including Express Pay service.
• Express Pay Request means the written, verbal or electronic request (including the Agreement) between DANA and your behalf authorizing DANA to undertake a Express Pay.

II. GENERAL

• If You confirm to this Agreement or otherwise choose to accept means You have reached an agreement with DANA and agree to accept the entire terms from this Agreement.
• We suggest You to read the entire contents of this Agreement carefully and if You somehow disagree to accept any of the contents of this Agreement or you do not understand the meaning of the relevant terms accurately, please do not continue. If You have any questions about any terms of this Agreement please contact DANA Customer Care through the following contact point:
  Email: help@dana.id
  Call center to 1500 445
• User agrees and understands that DANA has the right at any time towards this Agreement to change or modify the terms of this Agreement, the notification of which can be notified to User via the DANA Application or via other communication media. If User does not agree with the change or modification, User has the right to suspend, terminate, or decide to use the Express Pay service.
• User agrees to act in accordance with all reasonable directions given by DANA and/or bank (as relevant) from time to time and in compliance to with all applicable laws, regulations and card scheme rules.
• User agrees to provide DANA with all necessary information relevant to User and to the Express Pay service to enable DANA to perform the Express Pay service and to notify DANA of any changes in User information relevant to User and to the Service.
• You acknowledge that DANA will rely on all information provided by you and in the Express Pay Request and that DANA is not required to verify (nor will it have any liability to you in respect of) matters referred to in any written direction it receives from you or information that is contained in a Express Pay Request.
• User is responsible for using the Express Pay service via DANA Application in accordance with this Agreement, the Terms and Conditions of DANA Application, Privacy Policy DANA User Account, the terms and conditions for using Express Pay service, as well as the provisions of the applicable laws and regulations. This Agreement is an integral part and inseparable part of the Terms and Conditions of DANA Application and Privacy Policy DANA User Account. User agrees not to abise this feature for purposes that may harm DANA and/or other DANA users.

III. Express Pay REQUEST

• User acknowledges and agrees that the Express Pay Request provided by User is personal to DANA and no other person shall have the right, permission or authorization to conduct debit transaction from User’s DANA Account by reliance on the Express Pay request (unless authorized by DANA in writing). User is fully responsible for ensuring that all information provided for Express Pay Request and the payment nominal inputted is correct and accurate. All legal consequences caused by User error in inputting the information required for Express Pay Request and/or nominal input error is the entirely responsibility of User.
• User acknowledges and agrees that any transaction conducted by any other person without authorization shall constitute a material breach of this Agreement and is not a valid transaction.
• User must and responsible to store all Express Pay Request (in printed or electronic format) in a safe and secure place.
• DANA reserves the right to cease or suspend User’s Express Pay Request or reject any Express Pay Request if at any time DANA believes that the relevant DANA Users or any other person has acted fraudulently in connection with the Express Pay Request which is harm to DANA and/or other User.
• User is fully responsible for any consequences arising from User’s fault, misuse or negligence in connection with the Express Pay Request.
• User must maintain the security and confidentiality of the DANA Account password or One Time Password (OTP) or other related verification and authentication that are Your own. The official DANA never asks for the User’s OTP and DANA Account’s password. User understands and agrees not to share this data with any party. User understands that User is fully responsible for any loss or damage arising from misuse of User’s DANA Account due to User’s error and/or negligence.

IV. SPESIFIC TERMS AND CONDITIONS

• User should ensure and declare and guarantee that User is the legal and original bank debit card or credit card holder who uses this Express Pay service. User should legally and effectively use the bank debit card or credit card and do not infringe the legal rights of any third party. Otherwise, should DANA and/or the card holder’s suffer some losses due to the abuse abouve, User should be responsible for compensation, take all legal responsibilities including but not limited to stopping the payment, terminating or suspending the Source of Fund in your DANA account which provide you with the Express Pay service.
• User must re-check and confirm all the transaction data displayed on DANA Application and/or Merchant website and/or Merchant application before continuing the transaction. After User gives their approval for the displayed transaction, thetransaction that has been processed by DANA is not canceled and all consequences arising in connection with carrying out transaction is the full responsibility of User.
• User should ensure that the opening of this Express Pay service provided by the mobile phone may authorize the payment of treasure authenticity of the phone numbers provided to User by third party channels for verification the validity.
• User should also keep a bank card, the card number, password, card issuers phone number and DANA account, password, digital information, payment shield, PO order (if any) phone dynamic password, or check code DANA sent to User and the bank debit card or credit card or all the information and equipment and DANA Account relevant. If you lose or disclose the aforementioned information, you should promptly notify the issuing bank and/or DANA to reduce possible lost. Whether or not you have informed the issuing bank and/or DANA, the loss caused by User negligence must be the responsibility by User.
• When using the Express Pay service, User should carefully confirm the transaction information including but not limited to the amount, name & purpose of payment/ transaction.
• User acknowledge and agree that an instruction User give cannot be withdrawn or revoke, DANA may have commissioned the bank or third party according to User instruction from the bank card draw deducted funds to Merchant.
• User is fully responsible for the authenticity and validity of the instruction issued during using Express Pay service. User undertakes that all risks of DANA activities as long as in accordance with User instruction shall be borne by User.
• User acknowledges and herewith approves that DANA accounts to pay for the use of recorded data transaction amount and other data, are recorded by DANA platform of the data subject.
• User must ensure the availability of credit on User’s DANA Number because DANA and/or the card issuing bank has the right and may charge fee for sending SMS to the User for every transaction that requires an OTP code including but not limited to when User do save card, transaction, and when there is a limit change from DANA/card issuing bank/authorized authority. SMS fee will be determined according to the policy of each mobile operator.
• User agrees that DANA shall have the right to retain the corresponding information you have filled out and submitted on the DANA Application, and authorize DANA to inquire bank card information including but not limited to debit card balances etc. for subsequent follow up to User in relevant to this Express Pay service. The Express Pay service including but not limited to the use of this information to promotion or provide another better product or services in the future.
• DANA may in its absolute discretion, may suspend the Express Pay service (including suspending User’s DANA Account and the processing of any payment to User or User’s settlement bank account) if:
  • User materially breaches this Agreement;
  • Termination event occurs;
  • Breach of DANA and/ or the terms, agreements, rules, notices and other relevant provision of DANA;
  • User debit card and credit card bank is invalid or expiry;
  • DANA suspects or believes that User have acted unlawful, fraudulent, unconscionable or improper manner in utilizing the Express Pay service;
  • There is a request from the relevant card issuing bank that suspects or believes that the User has committed an unlawful act, or something else according to the results of the bank’s analysis; and/or
  • It is otherwise for DANA to do so in the circumstances.
  You hereby expressly release and indemnify DANA against claim that arises or may arise against DANA upon such suspension of Express Pay service.
• You may terminate this Agreement with immediate effect, and DANA will cease to provide any Express Pay service to you from the date of termination:
  • If an insolvency events occurs in respect to DANA;
  • If DANA is in material breach of an obligation under this Agreement and such breach continue for more than 30 days after DANA receives written notice of the relevant breach from User.
  • If DANA fails to provide the Express Pay service for continues period of 14 days.
• If User restore the loss of funds and from other sources, or there is evidence that User suspected fraud or occurrence that you should assume other circumstances responsibilities for yourself, you should notify DANA the first time.
• If User does not violate DANA Agreement and the result of this Agreement and not attribute to your reasons, resulting in the loss of Source of Fund in the bank card appears through the Express Pay service and User does not benefit from it, User may apply to DANA for block/ de-activate. User shall promptly notify DANA as required to submit the relevant application forms/ supporting documents, DANA will process your application by means of our own compensation. This specific mechanism of compensation shall be decided by DANA using DANA’s own discretion to determine the most appropriate compensation based upon the proven evidence of such loss and DANA committed not to violate your legal rights.
• User agrees to provide DANA with all necessary information relevant to Pengguna and to the Express Pay service to enable DANA to perform the Express Pay service and to notify DANA of any changes in User’s information relevant to User and to the Express Pay service.
• You acknowledge that DANA will rely on the information provided by you and in the Express Pay Request and that DANA is not required to verify (nor will it have any liability to you in respect of) matters referred to in any written direction it receives from you or information that is contained in a Express Pay Request.
• User acknowledges and agrees that the issuing bank can determine transaction limit based on their policies.

V. LIABILITY

• Notwithstanding any other provision of this Agreement, the maximum liability of DANA to you (whether under this Agreement, any applicable law or otherwise) in connection with this Agreement (including in respect of an implied warranty or condition that cannot be excluded under applicable law) is limited:
  • Where the liability of DANA relates to a default on the provision of the Express Pay service.
  • The re-performance of the Express Pay service is a suitable remedy to DANA:
  • Providing the relevant service again; or
  • The cost of third party supplying the Express Pay service again.
• User acknowledges and agrees that:
  • It is User obligation to determine the circumstances in which a refund will be made to User.
  • Unless otherwise specifically agreed, DANA is under no obligation to (whether under this Agreement or otherwise), transfer fund to other party as a refund.

VI. INDEMNITY

• All legal consequences caused by User errorsin using the Express Pay service and/or claims from other parties are entirely the responsibility of the User. User hereby release, indemnify and hold DANA harmless from and against all claims by any party sustained, incurred or arising out of or in connection with this Agreement or its role related to Express Pay Service including (without limitation) claims in respect of or connected to the following:
  • The misuse of any Express Pay service by User;
  • Any misuse or theft of the Express Pay Request in User possession, regardless of how such an event occurs;
  • payment, obligation, transaction or transfer processed under this Agreement or a Express Pay Request being void or voidable under any law relating to insolvency or bankruptcy except to the extent that such claims are due to the fraud or gross negligence of DANA;
  • The interpretation of a Express Pay Request or any amendment to a Express Pay Request being incorrect;
  • A delay in any new or corrected information being received by DANA from User;
  • Express Pay conducted from an incorrect bank account where this information was supplied by User;
  • User failure to provide full and correct information to DANA in accordance with for the purpose of this Agreement; and/or
  • Failure by you to comply with any obligation owed by DANA under or in connection with this Agreement.

VII. WARRANTIES

• User has the capacity and authority to using this Express Pay service and enter into this Agreement
• User uses the Express Pay service to ensure all the information during the Express Pay service is true, accurate, complete and useful, in order to use all the information that User provided, DANA required information such as name, ID card number, bank card number and mobile phone number which all become part of User’s DANA Account information. If User submitted false or incomplete information, the loss will be borne by User.
• User authorizes DANA during the use of Express Pay service or after termination of Express Pay service the right to keep the data/ information that Pengguna use during the Express Pay service with DANA while the authorization is irrevocable.
• User must not assign or transfer any of User rights or obligations under this document without prior written consent from DANA (such consent not to be unreasonably withheld or delayed).

TERMS AND CONDITIONS FOR BNI AUTOPAYMENT (on the Biller’s Application)

a). Registration

• To register for BNI Autopayment, the prospective BNI Autopayment User must have a Cell Phone Number that is registered in the Core Banking when opening an account. The prospective BNI Autopayment User is required to register and use their own cellular phone number as the Cell Phone Number registered in the Core Banking. All consequences arising from the registration of another person’s cellular phone number shall be the sole responsibility of the BNI Autopayment User and the BNI Autopayment User hereby holds BNI harmless against all claims, suits, and/or other legal proceedings brought by any party.
• When registering for BNI Autopayment, the prospective BNI Autopayment User is required to provide, among other things, the following information:
  • 4-digit number of a valid, active, and unblocked ATM card
  • Daily Limit
  • Account Number
  • correct OTP code.
• The BNI Autopayment User must ensure that their cellular phone number that is registered in the Core Banking is valid, active, and unblocked. If there is a change in the Cell Phone Number registered in the Core Banking, the BNI Autopayment User is required to update the Cell Phone Number registered in the Core Banking at the nearest BNI Branch or through other means as may be determined by BNI.
• BNI will not process the registration of BNI Autopayment if the provisions in item 2 above are not met or if BNI finds other causes under the provisions applicable at BNI.
• The BNI Autopayment User consciously agrees and authorizes BNI to create a Virtual Account Autopayment on the user/customer’s account at BNI and gives consent and authority to BNI to automatically debit, upon request of the Biller, the Virtual Account Debit whose pooling account is a BNI account owned by the user/customer.
• The BNI Autopayment User must ensure and keep the confidentiality of the Customer’s Account/User ID and the password thereof on the Biller’s website/application. The BNI Autopayment User shall be fully responsible for all consequences and losses arising from any misuse of the Customer's Account/User ID and the password thereof and shall hold BNI harmless against all claims, suits, and/or other legal proceedings brought by any party.
• The BNI Autopayment User can register more than 1 (one) account with each Biller.
• The BNI Autopayment User is required to select a Default Account as the main source of funds for Transactions made through the Biller’s website and/or application and/or any facility that may later be provided by BNI if:
  • the BNI Autopayment User registers more than 1 (one) account; or
  • the Default Account is selected according to the provisions applicable at BNI.
• Upon the successful registration of BNI Autopayment, the BNI Autopayment User can readily make a Transaction using the Customer's Account/User ID.
• The BNI Autopayment User can modify, add, or delete the source accounts on the Biller’s website and/or application or through any other means as may be determined by BNI according to the provisions applicable at BNI.
• If the BNI Autopayment User uses the Autodebit or Auto top-up feature, the Autopayment User hereby agrees to authorize the Biller to give an instruction to BNI to debit an amount as specified in the Biller’s instruction. Any misuse of and inaccuracy in the instruction given or the amount specified by the Biller to BNI shall be the sole responsibility of the Biller, and therefore the BNI Autopayment User holds BNI harmless against all kinds of claims and indemnities.

b). Terms of Use for BNI Autopayment

• The User must register and use the User's own cellular phone number as the Cell Phone Number registered in the Core Banking when opening an account.
• All consequences arising from the registration of another person’s cellular phone number shall be the sole responsibility of the User, and the User hereby holds BNI harmless against all claims, suits, and/or other legal proceedings brought by any party.
• The BNI Autopayment User shall be fully responsible for the use of the Account, Cell Phone Number, Account/User ID on the Biller’s website/application, including any misuse thereof.
• The BNI Autopayment User will be charged a Short Message Service (SMS) fee for each transaction requiring an OTP such as registration, change of a limit or transaction, if necessary. The SMS fee shall follow the applicable rate determined by each mobile operator. Therefore, the Autopayment User must ensure that the credit balance on their cellular phone number is sufficient to be able to receive the OTP.
• If the card linked to the registered Account and/or the Cell Phone Number is stolen or lost, the BNI Autopayment User must immediately contact BNI Call Center and/or the Biller to report the theft or loss. All Transactions made with such Account Number using the User’s Account/User ID, to the extent occurring before BNI and/or the Biller receive the theft or loss report from the BNI Autopayment User, shall become the sole responsibility of the BNI Autopayment User.
• If the User’s Account/User ID is known by any party other than the BNI Autopayment User, the BNI Autopayment User must immediately contact the Biller to prevent any misuse of the Account/User ID by such unauthorized party. All Transactions ocurring before the BNI Autopayment User contacts the Biller shall become the sole responsibility of the BNI Autopayment User.
• The BNI Autopayment User must pay the Transaction fees and other charges related to the Transaction as applicable at BNI, which will be notified to the BNI Autopayment User in any form and through any means in accordance with the prevailing law. Such fees and charges will be debited directly by BNI from the registered account number.
• The BNI Autopayment User hereby gives consent to BNI to provide the BNI Autopayment User’s data to the Biller for registration purposes, as well as for the processing and settlement of the Transaction.
• BNI reserves the right to block BNI Autopayment and/or terminate the provision of BNI Autopayment to the BNI Autopayment User in the event that:
  • the BNI Autopayment User fails to comply with the provisions applicable at BNI or the prevailing law;
  • the BNI Autopayment User fails to provide any information and supporting documents according to the provisions applicable at BNI or the prevailing law;
  • the BNI Autopayment User is found to have used and/or is reasonably suspected of using false documents and/or providing incorrect data to BNI;
  • the BNI Autopayment User provides questionable information; and/or
  • the BNI Autopayment User’s account number is found to emanate from and/or reasonably suspected of emanating from a crime.
• The BNI Autopayment User can terminate the use of BNI Autopayment by unsubscribing BNI Autopayment from the registered Account/User ID through the Biller’s website/application and/or any facility that may be later provided by BNI.

c). BNI Autopayment Transactions

• When making a Transaction, the BNI Autopayment User must ensure that the Account Number and the card (if any) linked to the BNI Autopayment are active and unblocked.
• BNI is not responsible for and is under no obligation to check the validity of any Transaction data it receives from the Biller.
• Every time the BNI Autopayment User makes a Transaction, the BNI Autopayment User must log in with the User’s Account/User ID.
• The BNI Autopayment User must check the Transaction data displayed on the Biller’s website and/or application before proceeding to make a Transaction. Any Transaction that has been processed by BNI cannot be canceled. All consequences that arise in connection with any Transaction already processed by BNI shall be the sole responsibility of the BNl Autopayment User.
• The Transaction will be made in Rupiah (IDR).
• Before making a Transaction, the BNI Autopayment User must ensure that the balance in the account number selected by the BNI Autopayment User is sufficient to make the Transaction.
• The BNI Autopayment User hereby authorizes BNI to debit the registered Account Number for the settlement of the Transaction.
• BNI will debit the registered Account Number designated by the BNI Autopayment User in an amount equal to the Transaction amount with due observance of the Daily Limit, the Biller’s Limit, and the balance in the registered Account Number.
• If the balance in the registered Account Number exceeds the Daily Limit, the User must increase the Daily Limit up to a maximum of < the Biller’s Limit. If the Daily Limit is exceeded, the User will no longer be able to make any Transaction on that day. A daily limit reduction will only be effective on D+1 day of the date of the limit reduction request.
• If the remaining Daily Limit is sufficient but the balance in the registered Account Number is less than the Transaction amount, the Transaction will fail.
• If the Biller determines that the products and/or services purchased must be paid in full, the Transaction will not be processed if the Daily Limit and the balance in the registered Account Number are insufficient for the settlement of the Transaction.
• BNI may refuse to pay the Transaction, among other things, if:
  • the Account Number of the BNI Autopayment User that is linked to the Customer's Account/User ID cannot be used to make transactions according to the provisions applicable at BNI;
  • The User’s Account Number is dormant or blocked;
  • The balance in the registered Account Number of the User is insufficient;
  • The Daily Limit has been exceeded;
• The Account Number selected by the BNI Autopayment User to make the Transaction is not accepted by the Biller.
• BNI will send a Transaction notification via SMS to the number registered in the Core Banking and the User's Email address with respect to the Transaction that has been processed and paid by BNI to the Biller, and the Customer can check the Transaction status on the Biller’s website and/or application.
• The Transaction amount per Account Number is a minimum of Rp 1,- (one rupiah) and a maximum of the Daily Limit. The provision regarding the limit is subject to the following:
  • The Biller’s Limit restriction;
  • The balance in the registered Account Number when the User pays the Transaction.
• BNI has the right to change the Biller’s Limit, and such change will be notified by BNI to the BNI Autopayment User in any form and through any means in accordance with the prevailing law.
• BNI is not responsible for the failure in the purchase of any goods and/or services on the Biller’s website and/or application (including but not limited to the quality, price, delivery, and shipment of the goods and/or services by the Biller to the BNI Autopayment User) once the funds in the Default Account have been successfully debited by BNI.
• BNI is not responsible for the confidentiality and/or misuse of any information and/or data sent by BNI in relation to any Transaction that is made through Express Checkout after the information and/or data are sent out of BNI’s system.
• BNI does not accept any refund request from the User, and therefore the User can only make a refund request to the Biller subject to the refund provisions set by the relevant Biller.
• BNI will only process a refund if the request is made by the Biller, and the refund shall follow the mechanism established by BNI.

d). Change of BNI Autopayment Limit

• BNI may at any time change the Biller’s Limit according to the provisions applicable at BNI, which will be notified to the BNI Autopayment User in any form and through any means in accordance with the prevailing law.
• If as a result of the change the Biller’s Limit becomes lower than the Daily Limit of the BNI Autopayment User, the Daily Limit of the BNI Autopayment User will automatically change to the latest Biller’s Limit. The limit change will be effective on D+1 calendar day after the change of the Biller’s Limit is made in BNI’s system.
• The BNI Autopayment User can change the Daily Limit for each Account Number registered through the Biller’s website, application, and/or any other facility as may be later provided by BNI.
• When changing the Daily Limit, the BNI Autopayment User must do the following:
  • Selecting the Account Number whose Daily Limit will be changed;
  • Entering the new Daily Limit;
  • Obtaining an OTP on the Cell Phone Number registered in the Core Banking;
  • Entering the OTP code obtained from BNI.
• The Daily Limit change by the BNI Autopayment User must be made with reference to the Biller's Limit, and if the Daily Limit change involves a limit increase, the Daily Limit change shall take effect in real time after the limit increase has been successfully made, but if the change involves a limit reduction, the Daily Limit change shall take effect on D+1.

e). Handling of Complaints

• The BNI Autopayment User may lodge a complaint with BNI about BNI Autopayment through BNI Call Center at 1500046. For the purposes of handling such complaint, BNI has the right to require the BNI Autopayment User to submit a copy of the BNI Autopayment User’s identity and other supporting documents.
• If the Autopayment User does not receive an OTP SMS although their cellular phone has a sufficient credit balance, the Autopayment User can utilize the “resend OTP” mechanism on the Biller’s platform or if the Biller directs otherwise, follow the mechanism determined by the Biller.
• BNI will respond to the complaint in accordance with the prevailing law.
• Any complaint related to the use of BNI Autopayment must be lodged by the BNI Autopayment User with BNI within no later than 14 business days of the Transaction date.
• A complaint handling process related to direct debit transaction or transaction through BNI Autopayment (other than QRIS transaction) that requires a comprehensive analysis or investigation is expected to be completed by BNI within no later than 7 business days after such complaint is received by BNI.
• A complaint handling process related to QRIS transaction is expected to be completed by BNI within no later than 22 business days after such complaint is received by BNI.

f). Transaction Fees and Charges

• The BNI Autopayment User understands that the imposition of any fees or other amounts charged in relation to a Transaction constitutes the policy of the Biller owning the sale/purchase platform and not the policy of BNI.

g). Miscellaneous

• The BNI Autopayment User fully understands that:
  • The products and/or services whose payments are made using BNI Autopayment do not constitute BNI’s products and/or services. Any issues related to the products and/or services offered on the Biller's website and/or application are the sole responsibility of the Biller. Any dispute that may arise in connection with the Transaction is beyond the responsibility of BNI and must be resolved between the BNI Autopayment User and the Biller.
  • The accuracy of any information provided on the Biller’s website and/or application is the sole responsibility of the Biller.
• The BNI Autopayment User hereby holds BNI harmless against all claims, lawsuits, and/or other legal proceedings of any kind and from any party whomsoever including the BNI Autopayment User in connection with the products and/or services offered on the Biller’s website/application, including but not limited to the quality, price, delivery and shipment of the products and services by the Biller to the BNI Autopayment User.
• BNI is not responsible for any consequences arising in relation to a delay and/or non-execution of any instruction given by the BNI Autopayment User, whether in part or in whole, due to events or causes beyond BNI’s control or ability (force majeure), including but not limited to natural disasters, war, riots, equipment, and system breakdown, transmission disruption, power failures, telecommunication failures, and government policies.

These Terms and Conditions for BNI Autopayment have been adjusted to the prevailing laws and regulations including regulations of the Financial Services Authority.