Unless specified otherwise below or other part of this PayLater Terms of Use, the capital term that is used in this PayLater Terms of Use shall be interpreted as a term that is defined in the Gojek Terms of Use.

2. PROVISION RELATED TO THE LOAN AGREEMENT

The Provisions stipulated in this Article 2 shall apply generally to the Loan Facility, although PayLater Akhir Bulan and PayLater Cicilan have different terms and conditions and each of that terms and conditions apply for each type of Paylater that You use as further stipulated in this Article. You understand, acknowledge and agree that in this Loan Facility, Findaya acts for and on behalf of the Lender(s), and You act as the borrower.

3.1   Service Activation

1. To activate the PayLater service, You have to choose PayLater as the payment method on Your Transaction confirmation page in the Application and/or activate the PayLater feature on PayLater page in the Application. You shall read and agree to the terms of use of the service when activate the PayLater service (“Confirmation on the First Transaction”).
2. The Confirmation on the First Transaction of the PayLater Akhir Bulan or PayLater Cicilan will be deemed as Your application to obtain the Loan Facility in the maximum amount of the determined Loan Limit and also as Your request for Loan disbursement in the amount of Transaction Value.
3. By giving the Confirmation on the First Transaction on the PayLater Akhir Bulan or PayLater Cicilan, You have given Your consent to Findaya to obtain, use, process, save, and disclose Your Information in accordance with the Findaya’s Privacy Policy including but not limited to the assignment of data and Your personal information to other parties, using Your contact through various online messages services (including Whatsapp) in relation with providing Loan Facility.
4. If necessary, Findaya, from time to time, may ask You to provide and/or upload additional documents or information, including personal information in electronic form, to Findaya.
5. The approval of Your Loan Facility application and Loan disbursement request will be marked by the first successful completed payment process of Your first Transaction.
6. In the event that You have activated the PayLater Akhir Bulan and You want to activate the PayLater Cicilan, You can activate the PayLater Cicilan by following the mechanism as stipulated in Article 3.1 of this PayLater Terms of Use and based on that activation, You approve, acknowledge and understand that the terms and condition of the PayLater Cicilan regulated under this PayLater Terms of Use will apply to You and such approval is an agreement and will be legally binding.

3.2.   Use of PayLater Service

1. The Loan Facility that You have obtained can only be disbursed as a Loan by doing a Transaction through the Application.
2. The confirmation of Transaction order on Your Transaction confirmation page shall also apply as Loan disbursement request and instruction for Findaya to disburse Your Loan in the amount of the Transaction Value to Gojek and/or the Product Provider (as relevant) as method of payment of the Transaction (if Your disbursement request is approved by Findaya).
3. You cannot cancel the Loan disbursement request that has been approved for funding by the Lender(s).

3.3   Transaction through the Application

1. 3.3.1   Subject to Article 1.4 of this PayLater Terms of Use, You may conduct a Transaction using PayLater provided that:
   1. You have an active and verified Gojek and GoPay account;
   2. You still have remaining Loan Limit with minimum amount of the Transaction Value;
   3. There is no outstanding amount from the previous Facility Availability Period; and
   4. No occurrence of Event of Default.


2. 3.3.2   You hereby acknowledge and agree that the processing and settlement of Your Transaction are also subject to the terms and conditions of this PayLater Terms of Use and the terms and conditions of the Product Provider, as relevant.


3. 3.3.3   The Loan amount that arises from a Transaction will be the same as the Transaction Value.


4. 3.3.4   You hereby acknowledge and agree that any legal relationship arises with regard to the product from Your Transaction is between You and the relevant Product Provider. Therefore, the responsibility over the quality of the product should rest with the relevant Product Provider and You will release Findaya and Lender from any liabilities or obligations upon the availability, accuracy, suitability, completeness or correctness of the services, content or product provided by the Product Provider.


5. 3.3.5   Your successful Transaction as confirmed in the Application, using PayLater, will deduct Your remaining Loan Limit and constitutes a Loan. Any complaint or issue regarding goods and/or services, including any product, that You receive will not cancel the Loan. You may submit Your complaint over goods and/or services that You receive to the Product Provider.


6. 3.3.6   If, based on the confirmation from Product Provider and Application, Findaya is informed that a Loan exists without successful Transaction (“Invalid Loan”) then the following conditions will apply to the Invalid Loan:
   1. For the unpaid Invalid Loan, Findaya can reduce Your Bill and refund Your Loan Limit, after Findaya receives the refund of disbursed Loan and Bill from the Product Provider in the maximum amount of Invalid Loan.
   2. For the paid Invalid Loan, then the Product Provider will refund Your received Loan to You through Findaya or Application with the method determined by Findaya or together with the Product Provider and Application in accordance with the policy of Findaya and Application.
   3. The existence of Invalid Loan will not reduce or cancel other Loan, Service Fee (if any), Interest Rate (if any), and Late Payment Penalty (if any) in a Facility Availability Period unless otherwise decided by Findaya or together with the Lender(s) by providing notification to You in accordance with the policy of Findaya and Lender(s).

   The above points (a) and (b) of 3.3.6 of this PayLater Terms of Use is only applicable provided that You have notified Findaya concerning Invalid Loan within 45 (forty five) Business Day from the Transaction date which incurred such Invalid Loan in concurrence with recorded event in the Application.

3.4   Findaya’s Privacy Policy
By agreeing to this PayLater Terms of Use, You represent that You have read and agreed to Findaya’s Privacy Policy. Therefore, You shall read, acknowledged, and understand the Findaya’s Privacy Policy carefully.

3.5   Other Provisions
By agreeing to this PayLater Terms of Use, You acknowledged that You have read and agree to the other provisions relating to the Loan Facility, provided that such conditions have been notified to You in the manner prescribed by Findaya.

3.6   Rights and Obligations of the Parties in the PayLater Terms of Use of PayLater Service

1. 3.6.1   Rights and Obligations of Findaya
   Notwithstanding any other rights and obligations stipulated herein, the rights and obligations of Findaya as the P2P Lending Operator are as follows:
   1. Shall be entitled to receive, collect, use, save, process, and disclose and assign to other parties in the framework of providing services and in the providing Loan Facility of Your Information that has been submitted to or shared with Findaya in accordance with the Findaya’s Privacy Policy; and
   2. Shall be obligated to perform the terms stipulated in this PayLater Terms of Use in connection with the provision of Loan Facility.


2. 3.6.2   Your Rights and Obligations
   Notwithstanding any other rights and obligations stipulated herein, Your rights and obligations are as follows:
   1. Shall be entitled to receive the Loan Facility and Loan disbursement in accordance with the terms herein;
   2. Shall inform Findaya of any change of Your Information;
   3. Shall not conduct any action that is and/or might cause losses to Findaya and/or Lender(s), including reputation damage in any manner, abusive and/or fraudulent behaviour or behaviour identified by Findaya’s system as a suspicious pattern of financial activity;
   4. Shall comply with all applicable policy of usage and privacy policy of the product and/or services in the Application;
   5. Shall at all times consider the amount of Service Fee, Interest Rate and any costs that must be paid in accordance with its ability to repay the Loan and have consultation with other parties, if necessary, before applying for and obtaining a Loan Facility; and
   6. Shall cooperate and provide any information needed to the Financial Services Authority/ Otoritas Jasa Keuangan, the government and other law enforcement agencies, in the event that the information, data and statement provided by You are contrary to the applicable law.

4. MISCELLANEOUS

4.1   Your Representations and Warranties

You, as long as You use the PayLater services, You represent and warrant that:

1. You are an Indonesian citizen and legally subject to the laws of the Republic of Indonesia, and an individual legally entitled to enter into a binding agreement under the laws of the Republic of Indonesia, which at least 21 (twenty one) years of age or have been married and not under any guardianship or receivership. Otherwise, if the above requirements are not fulfilled by You, therefore Findaya will be entitled to cancel Your Loan Facility and conduct any actions as stipulated in Article 4.5.2 of this PayLater Terms of Use;
2. You have obtained the necessary permits and/or approvals based on applicable law to obtain a Loan Facility;
3. All facts, data, information, documents and explanation provided by You to obtain the Loan Facility are true, accurate and complete; and
4. You have read and understand this PayLater Terms of Use and understand and agree that this PayLater Terms of Use is legally binding and an enforceable obligation to You

4.2   Limitation of Liability

1. 4.2.1   With due regard to applicable law, Findaya shall not be liable for:
   1. indirect loss and immaterial;
   2. los of use, loss of profit, loss of data, loss of business or loss of opportunity; and/or
   3. personal injury or property damage,

   arising out of, relating to or in connection with Your error or negligence in connection with the implementation of the PayLater service or violation of this PayLater Terms of Use and the applicable laws to You.



2. 4.2.2   Notwithstanding the above Article 4.2.1, if there is an occurrence of event that results in Findaya to become liable to You for any legal or payment obligations in connection with PayLater service and/or PayLater Terms of Use, the amount of payment obligations and liability of Findaya shall not exceed the amount of paid Service Fee and/or Interest Rate (as applicable) in the period of the occurrence of the event resulting Findaya’s payment obligation to You.


3. 4.2.3   Any claims, lawsuits or demands You have against Findaya relating to PayLater services or this PayLater Terms of Use must be notified to Findaya within 6 (six) months after the event that caused the claim, if You do not make a claim, lawsuit or demand within that time period (as long as permitted by applicable law), You will lose the rights to submit the claim and the compensation You have in connection with the claim.

4.3   Your Account Information

1. 4.3.1   Your account, including Your Gojek account, GoPay and Findaya accounts (“Account”) are within Your responsibility. You are not to authorize others to use Your identity or Account. You shall not assign or otherwise transfer Your Account to any other parties. You must protect the secureness and confidentiality of Your Account password and any identification that Findaya and/or Gojek provides to You including in the form of one-time password (OTP). If there is any illegal and/or unauthorized use of Your Account or identity by any third party, in any case, orders generated from such use by third party including any Loan Facility application and Loan disbursement request, will still be deemed as valid orders, unless You have notified Findaya to block the PayLater services for Your Account before such instruction is received by Findaya. You agree, acknowledge and understand that Findaya will not be responsible and will be released from any loss, demand, claims and lawsuit from other parties in any case, in connection with unauthorized use and/or without authority over Your account or identity by third parties.


2. 4.3.2   If Findaya becomes aware of or have sufficient reason to suspect that You have committed an infringement, crime or other act contrary to this PayLater Terms of Use and/or any applicable laws and regulations, whether or not this PayLater Terms of Use refer to it, Findaya reserves the right to suspend and terminate Your Account, either temporarily or permanently, or to terminate Your access to the PayLater service, to investigate, claim damages, to report to the authorities and/or to take any other action that Findaya consider necessary, including criminal or civil action.


3. 4.3.3   Findaya will take action by investigating and/or facilitating the concerned Lender(s) to report to the appropriate authorities, if Findaya receives a report of Your violation to this PayLater Terms of Use or a violation of applicable laws and regulations.


4. 4.3.4   If Your Account or mobile phone is missing, stolen, and/or hacked, You are obliged to immediately inform Findaya in accordance with this PayLater Terms of Use.


5. 4.3.5   If You have any question, request, complaint or need to provide any information in relation to PayLater service, You shall send it via an electronic mail to the address stated in the Application or contact the telephone number as stated in the Application.


6. 4.3.6   To respond to Your questions and complaints, Findaya will first verify Your Information. Findaya shall be entitled to refuse to further process Your question or complaint if Your information does not match the data or Information recorded in Findaya’s system by providing notification to You.


7. 4.3.7   Findaya will review and verify Your complaint and provide a response in accordance with Findaya’s applicable policy and procedure upon receiving the complete complaint submission from You.


8. 4.3.8   By activating, using and continuing to use the PayLater service, You understand, agree and allow that Findaya can and has the right to request, save, collect, process, disclose, verify, examine, review, evaluate and update any information that You provide or that obtained from other parties, including to collaborate with third parties to assess the eligibility of a Loan Facility application, credit assessment and Your profile assessment, background checks, Your credit history and status, fraud checks, and other checks required according to Findaya’s policy. In this case, You understand, agree and allow Findaya to work with other parties as needed to access and use PayLater services, which include but are not limited to the following parties:
   1. Institutions or Government Institutions that have population data centres for the purpose of verifying the validity of Your identity or other parties who have access to population data centres for the purpose of verifying the validity of Your identity; 
   2. The organizer of the electronic signature for the needs of making digital signatures;
   3. Credit information providers to obtain information on the status of collectability, credit history and other financial information so that Findaya or its affiliates can assess the eligibility of (i) prospective Lenders, (ii) You as borrower, or (iii) requests for Loan Facility by You;
   4. External collection partners who collaborate with Findaya (if any);
   5. Credit insurance partners or guarantee provider partners that collaborate with Findaya for the need for credit risk mitigation for Lender(s);
   6. The Lender(s) for the purpose of requesting funding for the Loan Facility or if You do not pay off the Loan after 90 (ninety) Calendar Days after the Payment Due Date;
   7. The supervisory authority authorized for the purposes of investigating problems with the use of services provided by Findaya or for other matters in accordance with requests from the supervisory authority in writing to Findaya;
   8. Alternative Dispute Resolution Institutions, if needed, to settle disputes;
   9. Authorized associates who are officially appointed by the relevant governmental authority to gather information needed for the compilation of information of technology-based lending and borrowing data centres;
   10. Financial Transaction Reports and Analysis Center if Findaya identifies suspicious financial transactions as stipulated in applicable legal provisions relating to eradication and prevention of money laundering and terrorism financing;
   11. Law enforcement authorities in the Republic of Indonesia such as the National Police of the Republic of Indonesia, Corruption Eradication Commission, courts, etc. for any purpose related to law enforcement (including but not limited to cases of lawlessness, crime, money laundering, funding of terrorism, and corruption) which in this case must be requested formally and in writing by the relevant authority; and
   12. The Directorate General of Taxes of the Republic of Indonesia to fulfil the reporting obligation in accordance with the provisions of the applicable tax regulations, including regulations regarding automatic exchange of information.

4.4   Taxes and Fees
The Parties agree that any obligation with regard to taxes and/or other levies incurred based on this PayLater Terms of Use will be borne by each Party in accordance with the prevailing tax regulation in the Republic of Indonesia unless otherwise expressly stipulated herein.

4.5   Event of Default and Termination

1. 4.5.1    An event of default arises when one or more of the following events occur:
   1. You fail to perform Your repayment obligation and/or breach of other provisions of this PayLater Terms of Use for any reasons whatsoever;
   2. Based on Findaya’s evaluation, the occurrence of events that are and/or might cause losses to Findaya and/or Lender(s), including abusive and/or fraudulent behaviour and/or pattern or behaviour identified by Findaya’s system as a suspicious pattern of financial activity;
   3. The use of Your Account and/or PayLater service in a way contrary with the terms of use of the Gojek Terms of Use, other terms and conditions applicable for other features or services provided in the Application, Gojek’s privacy policy and/or any prevailing laws and regulations;
   4. The representations and/or warranties given by You in this PayLater Terms of Use are untrue or become untrue; and/or
   5. You, for whatever reason, fail to perform Your repayment obligation and/or violate the terms of use or agreement of other loan received to You.

   (hereinafter referred to as “Event of Default”)



2. 4.5.2    For any Event of Default specified above, Findaya shall be entitled to:
   1. stop providing PayLater service and unilaterally terminate this PayLater Terms of Use;
   2. declare that any part or all of Your outstanding amount is due and shall be payable by You immediately; and/or
   3. conduct any other actions in order to obtain the repayment of all Your outstanding payment obligation and defend and enforce Findaya’s and Lender(s)’s rights under this PayLater Terms of Use.


3. 4.5.3    If Your PayLater service is terminated and You have strong evidence that there is no occurrence of Event of Default, You may file Your complaint in accordance with this PayLater Terms of Use. After verifying Your complaint, Findaya, at its sole discretion, will determine whether to stop or to continue the PayLater service termination.


4. 4.5.4    In avoidance of doubt, You cannot terminate or stop PayLater service unilaterally for any reason, except if all Loan repayment obligations (including with all Service Fee, Interest Rate, Late Payment Penalty and other fees that are still owed by You based on this PayLater Terms of Use) has been fully paid or repaid by You.


5. 4.5.5    The Parties hereby agree to waive the applicability of Article 1266 of the Indonesian Civil Code to the extent that such provisions require an Indonesian court’s approval or decision to terminate this Agreement.

4.6   Governing Law and Dispute Settlement
This PayLater Terms of Use and its performance are governed and interpreted by the law of the Republic of Indonesia. The Parties agree that each and all disputes arising from the usage of PayLater feature and this PayLater Terms of Use subject to the exclusive jurisdiction of South Jakarta District Court.

4.7    Definitions
In this PayLater Terms of Use, unless the context otherwise required, these following terms will have the following meaning:

“Account” has the meaning given to it in Article 4.3.1. 

“You” or “Your” means the user of the Application who uses the PayLater service in accordance with Your Information.

“Application” means the mobile phone application that is provided and/or operated by PT Aplikasi Karya Anak Bangsa and/or its affiliates.

“Service Fee” means all fees that are charged to You as the borrower by Findaya and/or the Lender(s) from using PayLater Akhir Bulan services. 

“Interest Rate” means interest that are charged to the borrower by the Lender(s) from using PayLater Cicilan services.

“DAB” has the meaning given to it in Article 2.2.7.

“Loan Facility” has the meaning given to it in Article 1.1.

“Findaya” means PT Mapan Global Reksa which, in this PayLater Terms of Use, acts in its capacity as i) the P2P Lending Operator, or ii) the authorized attorney of the Lender(s) (as relevant).

“Gojek” means PT Aplikasi Karya Anak Bangsa and its affiliates. 

“GoPay” means the electronic money services issued and operated by DAB. 

“Calendar Day” means the Monday through Sunday, including national holidays and mass leaves.

"Business Day" means a day, other than Saturdays, Sundays and official national holidays, where banks are open to conduct business activities in accordance with the provisions of Bank Indonesia and/or Financial Service Authority (Otoritas Jasa Keuangan).

“Information” means both current and future data, information, and statement regarding Yourself (including any update and changes of it) which is given to Gojek and/or Findaya by You and any information that can be identified and collected through the Application, the use of PayLater, and the use of any service or product provided or facilitated by any Gojek.

"Gojek Terms of Use" means the terms of use of the Gojek application as listed in https://www.gojek.com/terms-and-condition/and may be amended from time to time. 

"PayLater Terms of Use" means this Terms for Provision of Loan Facility and Findaya's Privacy Policy altogether.

“Findaya’s Privacy Policy” means policy regarding privacy made and enacted by Findaya in relation to access, acquire, collect, storage, process, usage, analyse, and/or distribute, disclose, reveal, delivery, and dissemination of every personal data and/or information obtained and provided by You or Lender(s) as accessible on https://www.findaya.com/kebijakan-privasi/ 

"Confirmation on the First Transaction" has the meaning given to it in Article 3.1.(a). 

"Loan Limit" has the meaning given to it in Article 2.1.1 (a) and Article 2.1.2 (a).

“Transaction Value” means the amount of a successful Transaction paid using PayLater.

“The Parties” means the Lender(s), You, and Findaya.

“PayLater” has the meaning given to it in Article 1.1.

"PayLater Akhir Bulan" has the meaning given to it in Article 1.1.(a).

 "PayLater Cicilan" has the meaning given to it in Article 1.1.(b).

 "Lender" means party who provides the loan proceeds to You through Findaya as the P2P Lending Operator, which in this case all of its rights and obligations are performed by Findaya for and on behalf of the Lender(s).

 "Product Provider" means any party who provides goods and/or services which its payment can be processed through PayLater in the Application.

 "P2P Lending Operator" means Findaya as the operator of information technology-based lending which is registered under Indonesian Financial Services Authority (Otoritas Jasa Keuangan).

 “Event of Default” has the meaning given to it in Article 4.5.1.

 “GoPay Deduction” has the meaning given to it in Article 2.2.7.

 "Loan Details of the PayLater Akhir Bulan" has the meaning given to it in Article 2.1.1.

 "Loan Details of the PayLater Cicilan" has the meaning given to it in Article 2.1.2.

 "Bill" has the meaning given to it in Article 2.2.5.

 “Payment Due Date for The First Month Installment” has the meaning given to it in Article 2.1.2.(e).(i)

 “Payment Due Date for The Following Month Installment” has the meaning given to it in Article 2.1.2.(e).(ii)

“Transaction” means each transaction in any form with the Product Provider whose payment (either in partial or full) can be done through the Application using PayLater.

4.8   Miscellaneous

1. 4.8.1   At any time, Findaya shall be entitled to terminate the service or to take any actions which is deemed required by Findaya, if there is a Force Majeure event. Force Majeure shall include but not limited to natural disasters, fires, strikes, demonstration, pandemic, national disaster, request from government authority to terminate the service as well as any other events that are beyond Findaya’s control. For the avoidance of doubt and to the extent it is permissible under the prevailing law, the Force Majeure event shall not waive Your payment obligation in accordance to this PayLater Terms of Use, unless otherwise stipulated by Findaya based on its sole discretion or based on the Lender’s instruction.


2. 4.8.2   You shall not transfer, all or part of Your rights and obligations that arises in relation to the Loan and PayLater services based on this PayLater Terms of Use to any other party, without Findaya’s approval (for and on behalf of the Lender(s).


3. 4.8.3   Without prejudice to the provisions of Article 1.6 of this PayLater Terms of Use, You agree that the Lender(s) or Findaya has the right to transfer or assign any rights and obligations under this PayLater Terms of Use to any third party.


4. 4.8.4   Should one or more of the provisions in this PayLater Terms of Use become no longer applicable, invalid or unenforceable in any way according to prevailing laws, such event will not affect the validity, applicability and enforceability of other provisions in this PayLater Terms of Use.


5. 4.8.5   The Parties hereby represent that no government institution of the Republic of Indonesia, including but not limited to the Financial Services Authority, is responsible for any credit risks and/or failure to pay and all losses in connection with the Loan Facility.


6. 4.8.6   All information stipulated in Findaya’s feature page or PayLater’s page in the Application, including but not limited to the information on Transaction history, the Loan amount, the Service Fee, Late Payment Penalty (if any), Interest Rate (if any), Grace Period and Your profile as borrower or user, shall constitute an integral part to this PayLater Terms of Use.


7. 4.8.7   This PayLater Terms of Use is prepared and made and executed in Indonesian and English versions. In case of any inconsistency between the Indonesian and English version, the Indonesian version shall prevail, and the English version shall be deemed to be automatically amended to conform with and be consistent with the Indonesian version.

The Parties agree that this PayLater Terms of Use has been duly prepared, made, and executed by way of electronic signature approval in accordance with Law of the Republic of Indonesia No. 11 of 2008 concerning Electronic Information and Transactions and its implementing regulations and amendments from time to time. If required by the applicable laws and regulations or relevant authority, the Parties agree to use the digital signature method as required and all costs occurred to adjust to such digital signature shall be borne by the Lender(s).