TERMS AND CONDITIONS
Welcome to the Ayolinx Platform("Platform"),thank you for using and accessing Ayolinx Services. The terms and conditions of use of the Platform listed on this page("Terms and Conditions")govern the access of users("Merchant")to the Platform and the use of all features within it developed by us, PT Inovasi Pembayaran Digital ("Ayolinx").
By using the service("Service"),the Merchant declares that the Merchant, as a user, has read, understood, and agrees to be bound by these Terms and Conditions, which govern the use of the Service and apply as one of the legally binding terms between Ayolinx as the owner of the Platform and the Merchant. The Merchant declares to fully submit to the applicable Terms and Conditions without any objection.
PLEASE READ AND STUDY THESE TERMS AND CONDITIONS OF SERVICE CAREFULLY. MERCHANTS MUST UNDERSTAND, ACCEPT, AND AGREE TO ALL THE REQUIREMENTS IN THESE TERMS AND CONDITIONS OF SERVICE BEFORE USING THE AYOLINX PLATFORM.
INTRODUCTION
- In these Terms and Conditions, "Merchant" refers to individuals, whether Indonesian citizens, foreigners, or legal entities who have registered on the Ayolinx Platform and paid for certain services that may be provided by the Ayolinx Platform.
- In these Terms and Conditions, "Ayolinx Services" refers to all services, software, and Platforms provided by Ayolinx to provide payment channel facilities to Merchants.
- By accessing and using the Ayolinx Platform service, the Merchant consciously and without coercion from any party declares to agree to be bound and accept all the terms stated in these Terms and Conditions.
MERCHANT REGISTRATION AND VERIFICATION
- When registering, the Merchant is required to complete personal and/or business information in accordance with the provisions on the Ayolinx Platform.
- Ayolinx and/or other parties appointed by Ayolinx will verify the information provided by the Merchant. In the verification process, the Merchant grants Ayolinx full authority to conduct background checks on information about the Merchant directly or through third parties.
- The Merchant shall not make any claims against the final results of the verification conducted by Ayolinx or third parties.
- In the event that the Merchant successfully passes the verification process conducted by Ayolinx, the Merchant will receive an account and password to conduct transactions on the Ayolinx Platform. The Merchant is fully responsible for maintaining the confidentiality and security of the account and password.
- To gain full access to Ayolinx Services, Ayolinx requires the Merchant to upgrade the account by providing additional information in accordance with the provisions set by Ayolinx.
USE OF SERVICES
- By accessing the Ayolinx website, the Merchant can access and use Ayolinx Services in accordance with the Terms and Conditions.
- Ayolinx Services provide access and convenience for the Merchant to invoice and receive payments through available channels, where the Merchant can use this facility 24 hours a day and 7 days a week.
- In using the facilities provided by Ayolinx, the Merchant is obliged to provide accurate descriptions of goods or services in accordance with the condition of the goods or services sold.
- Any losses caused by the Merchant's errors in the sale of goods or services, whether material or immaterial, are the sole responsibility of the Merchant.
- The right to use Ayolinx Services is exclusive, non-transferable, and non-sub licensable. The Merchant is not permitted to:
- i. Rent, reproduce, modify, create derivative works and distribute or transfer Ayolinx Services;
- ii. Use Ayolinx Services for the benefit of third parties or incorporate Ayolinx Services into other products or services;
- iii. Interfere with mechanisms in Ayolinx Services intended to restrict Merchant usage;
- iv. Reverse engineer, decompile, disassemble, or translate Ayolinx Services or attempt to obtain non-public software source code or APIs;
- v. Disclose information about Ayolinx IT systems openly;
- vi. Access Ayolinx Services to build competitive products or services;
- vii. Send viruses, worms, or other harmful code to Ayolinx Services or disrupt or harm Ayolinx Services;
- viii. Attempt to access information or data of other Ayolinx customers;
- ix. Use Ayolinx Services to send spam or unsolicited emails; or
- x. Use Ayolinx Services for illegal acts.
Any attempt or activity mentioned above will be legally processed by Ayolinx.
- The Merchant is fully responsible for all activities conducted under the Merchant account and is prohibited from using Ayolinx Services to:
- i. Engage in activities contrary to applicable law, including but not limited to regulations regarding money laundering, export supervision, consumer protection, unfair business competition, anti-discrimination or false advertising, the rights of others including intellectual property, human rights, and others, and rules regulated in these Terms and Conditions;
- ii. Disseminate false, misleading, derogatory, sexual and pornographic content, discriminatory or racist content, or other items regulated in the Electronic Information and Transactions Law;
- iii. Disseminate spam, indecent materials, or large quantities of electronic messages and continuous messages;
- iv. Trade in illegal goods and services prohibited by Indonesian law, including but not limited to gambling, ponzi schemes, counterfeit goods, smuggled goods, narcotics and illegal drugs, addictive substances and derivatives, alcoholic beverages, goods or products containing pornography and/or vandalism, and/or violence, terrorism, racially discriminatory goods or services, and/or firearms and firearms, stolen goods, protected plants and animals according to national regulations, human trafficking, motor vehicles with two or four wheels that are illegally modified, illegal drugs.
- The Merchant must immediately inform Ayolinx if there are suspicions of unauthorized activities conducted under the Merchant account.
- Ayolinx is not responsible for losses suffered by third parties as a result of negligence or activities carried out knowingly by the Merchant that cause losses to third parties.
- The goods or services sold by the Merchant are the sole responsibility of the Merchant.
- In the event of a violation involving the Merchant account, Ayolinx will attempt to identify the violation that occurred. Ayolinx will only provide assistance in identifying violations while any consequences and risks arising from the violation are the responsibility of the Merchant.
- The Merchant may terminate these Terms and Conditions of Service by discontinuing all forms of Ayolinx Service usage and deleting the Platform or software.
PAYMENT TRANSACTIONS
- Ayolinx Platform provides services for Merchants so that buyers can make electronic payment transactions online or offline using several provided payment methods. Ayolinx Platform Payment Method is a payment transaction using hyperlinks to direct one of the provided payment method facilities.
- Every transaction using Ayolinx payment methods will incur a fee determined by Ayolinx.
- Ayolinx is responsible for the security and reliability of the online payment transaction process provided.
- Ayolinx will transfer the proceeds of the Merchant's transactions. Merchants will receive the disbursement of transaction proceeds from Ayolinx after reconciliation according to the settlement provisions of each payment method.
- In the event of a calculation discrepancy between Ayolinx and the Merchant, the Merchant agrees that the calculation deemed valid is Ayolinx's calculation.
REFUNDS AND CHARGEBACKS
- In the event of a dispute between the Merchant and the buyer due to product and/or service errors received by the buyer, or because the product and/or service is not received by the buyer, or the buyer's dissatisfaction with the product and/or service, where the buyer has completed the payment, the Merchant will refund the amount paid by the Buyer. The Merchant has the right to reclaim purchased products and/or services.
- If there is a chargeback from the buyer due to principal and/or acquirer policies, fraud, other criminal acts, or if it is proven that the buyer has not made the transaction, then the Merchant is fully responsible for the transaction and its losses. and fully releases Ayolinx from any liability regarding the chargeback within 14 (fourteen) calendar days.
- If the Merchant fails to fulfill its obligation to fully redeem the chargeback, Ayolinx may take legal action.
- Further provisions regarding refunds and chargebacks will be governed in the cooperation agreement between the Merchant and Ayolinx.
AYOLINX AUTHORITY
- Ayolinx has the authority to determine the scope of the services provided including, but not limited to, the termination and modification of any Services or Terms and Conditions with notification to the Merchant.
- As long as the Merchant uses Ayolinx Services, the Merchant is deemed to understand and submit to the new Terms and Conditions.
- Ayolinx has the right to make changes or limit access to features for any Merchant with prior notice.
- Ayolinx has the right to restrict, block, slow down, delete or terminate services from an account, prohibit access to the Ayolinx Platform, and take legal measures to maintain registered Merchants or other Merchants if Ayolinx considers Merchants registered or other Merchants to violate applicable laws, infringe on the intellectual property rights of relevant parties, or commit a violation of the Terms and Conditions.
- In the event that the Merchant is known and proven to sell goods that do not comply with the applicable regulations and/or laws, Ayolinx as the owner and manager of the Platform has the right to deactivate the Merchant's activities with or without prior notice.
- Ayolinx may use the Merchant's name and logo in Ayolinx marketing materials.
- Ayolinx may take legal action available if there is an activity or action by the Merchant deemed detrimental to Ayolinx.
LICENSE OWNERSHIP AND INTELLECTUAL PROPERTY
- Ayolinx has exclusive rights to the rights or licenses to all materials contained on the Ayolinx Platform.
- The intellectual property material of the Ayolinx Platform includes, but is not limited to, logos, texts, content, photos, videos, audios, and graphics, items protected by copyright, trademarks, service marks, international agreements, and/or other ownership rights and laws of the Republic of Indonesia. The Ayolinx Platform is also protected as a collective work or compilation based on the Copyright Law of the Republic of Indonesia or other laws and agreements. All articles, columns, and other elements that are part of Ayolinx Platform site services are copyrighted works.
- The submission of materials by the Merchant to Ayolinx site services results in the transfer of non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable rights by Ayolinx to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display the content of such materials worldwide in any form of media or technology known now or developed later. The Merchant also allows any third party to access, store, reproduce such materials for their own use. The Merchant grants Ayolinx the right to use the name submitted by the Merchant related to the submitted material.
- The Merchant represents and warrants that the Merchant owns or otherwise controls all rights to the materials submitted by the Merchant, that the submitted materials are true and accurate, that the use of the submitted materials does not violate the Terms and Conditions and will not cause harm to any third party, and that the Merchant will indemnify Ayolinx and suppliers, agents, directors, officers, employees, representatives, successors, and assigns from all claims caused by the materials submitted by the Merchant. Ayolinx and its suppliers, agents, directors, officers, employees, representatives, successors, and assigns are not responsible for any materials submitted by the Merchant or any third party.
LIMITATION OF LIABILITY AND RESPONSIBILITY
- The Merchant agrees that the use of Ayolinx by the Merchant is done at their own risk and acknowledges that anything contained in the Terms and Conditions, including but not limited to content, services, goods, advertisements provided as is and as available and that Ayolinx does not make any warranties, whether express or implied, in relation to the Services including but not limited to merchantability, non-infringement, ownership rights, or suitability for any purpose or use. Ayolinx does not guarantee that the Ayolinx Platform services are compatible with Merchant's equipment or that the services or emails sent by Ayolinx or its representatives are free from errors or viruses, worms, or "Trojan horses," or any other harmful or damaging files and is not responsible for any damages that may be experienced by the Merchant as a result of such things.
- The Merchant agrees that Ayolinx and its suppliers, agents, directors, officers, employees, representatives, successors, and assigns are not liable for: (i) any loss or damage caused by negligence of Ayolinx, its parent company, or its affiliates, suppliers, agents, directors, officers, employees, representatives, successors, and assigns, or otherwise arising in connection with Ayolinx Platform Services and not responsible for any loss of profits, losses, penalties, accidental or consequential losses or any claim against Ayolinx by any other party or; (ii) any errors, omissions, delays, or any other failures in Ayolinx Platform Services caused by Merchant's equipment or arising from Merchant's use of services on that equipment. Other website contents, services, goods, or advertisements that may be linked to or integrated into Ayolinx Platform Services are not maintained or controlled by Ayolinx. Ayolinx is not responsible for the availability, content, or accuracy of other websites, services, or goods that may be linked/integrated/advertised on the Ayolinx Platform.
- Ayolinx does not:
- a. make any warranties, whether express or implied, regarding the use of links or integrations provided on or to Ayolinx Platform Services;
- b. guarantee the accuracy, completeness, usefulness, or sufficiency of any other websites, services, goods, or advertisements that may be linked to Ayolinx Platform Services; or
- c. make any approval or endorsement, whether express or implied, for any other websites, services, goods, or advertisements that may be linked to the Ayolinx platform.
- Ayolinx is not responsible for the reliability or continuity of telephone channels, wireless services, communication media, and equipment used by the Merchant to access the Ayolinx platform.
- Ayolinx, its suppliers, agents, directors, officers, employees, representatives, successors, and assigns are liable to the Merchant for:
- a. inaccuracies or errors in or omissions from the Ayolinx Platform including price statements and financial data;
- b. delays, errors, or disruptions in the transmission of Ayolinx Platform sites; or
- c. losses or damages arising from or caused by such delays, errors, or disruptions, or by any other reasons for failure.
- Ayolinx, its suppliers, agents, directors, officers, employees, representatives, successors, and assigns acknowledge the possibility of direct, indirect/consequential, special, or not causing Ayolinx responsible for Merchant's losses, such as but not limited to lost income or expected profits or loss of business. Ayolinx is only responsible for the actual amount of loss experienced by the Merchant.
MONEY LAUNDERING AND TERRORISM FINANCING PREVENTION
- The Merchant hereby declares and warrants that in cooperating as stipulated in these provisions, the Merchant will comply with all provisions in (i) Law No. 8 of 2010 concerning Prevention and Eradication of Money Laundering Crimes; (ii) Law No. 9 of 2013 concerning Prevention and Eradication of Terrorism Financing Crimes; and (iii) Bank Indonesia Regulation No. 19/10/PBI/2017 concerning the Implementation of Anti-Money Laundering and Terrorism Financing Prevention for Non-Bank Payment System Providers and Foreign Exchange Business Providers Non-Bank along with all its changes from time to time(“AML/CFT").
- If there is suspicion that the Merchant violates the provisions of AML/CFT, then Ayolinx has the right to decide on Ayolinx Services immediately and the Merchant will release Ayolinx from any claims related to the violation of AML/CFT.
LEGAL CLAIMS
- In the event of a lawsuit against Ayolinx caused by disturbances or misuse of the Merchant account, the Merchant will release Ayolinx, suppliers, agents, directors, officers, employees, representatives, successors, and assigns of Ayolinx from any claims, damages, liabilities, all costs, and expenses that may arise from such disturbances or misuse, including but not limited to:
- a. The use of the Ayolinx Platform by the Merchant or anyone using the Merchant account.
- b. Violation of the Terms and Conditions by the Merchant or anyone using the Merchant account;
- c. Infringement of third-party intellectual property rights;
- d. Violation of privacy or publicity rights, defamation, or otherwise causing harm or damage to third parties;
- e. Violation of any form of service license agreement for the Ayolinx Platform by the Merchant or anyone using the Merchant account;
- f. Misinterpretation or violation of statements or warranties made by the Merchant contained in the Terms and Conditions, and;
- g. Violation of agreements or agreements to be implemented by the Merchant.
- The Merchant is fully responsible for any claims that may arise and hereby releases Ayolinx from third-party claims.
FORCE MAJEURE
Ayolinx is not liable to the Merchant and customers in any way for failure or delay in performing its obligations based on terms arising from any event or circumstance beyond Ayolinx's reasonable control.
MERCHANT DATA
Regarding the rights and responsibilities for the collection, storage, and use of Merchant data performed within the scope of Ayolinx Services is governed by the Privacy Policy.
DISPUTE RESOLUTION
- These Terms and Conditions are made in accordance with the laws of the Republic of Indonesia and therefore the parties mentioned in these Terms and Conditions are subject to the applicable laws in the Republic of Indonesia.
- Any activities related to the use of the Ayolinx Platform; both providers and Merchants, are legally protected through the Republic of Indonesia Law No. 11 of 2008 concerning Information and Technology which was amended through Republic of Indonesia Law No. 19 of 2016, and Republic of Indonesia Law No. 19 of 2002 concerning Copyright.
- If there are differences of opinion and/or interpretations or disputes between Ayolinx and the Merchant, then the parties agree to always seek resolution through discussion with good intentions to reach a consensus.
- If Ayolinx and the Merchant cannot resolve disputes through amicable discussions as mentioned in the previous paragraph, then the parties agree to resolve the dispute through the Indonesian National Arbitration Body.
- These service Terms and Conditions are made in Indonesian and English. If there are inconsistencies between the Indonesian version and the English version, then the Indonesian version shall prevail.
GENERAL MATTERS
- The Merchant accepts these Terms and Conditions as well as additions or any changes or updates thereto. The Merchant understands and is aware that Ayolinx can change the Terms and Conditions by first notifying the Merchant no later than 30 (thirty) working days before the changes take effect.
- Ayolinx can update Platform features and software at any time by first notifying the Merchant no later than 30 (thirty) working days before the update takes effect.
- Any Services, rights, and responsibilities between the Merchant and Ayolinx specifically will refer to the agreement between the Merchant and Ayolinx.