“Borrower” means the Borrower as defined in POJK 77.
“Lender Borrower Agreement” or “LBA” means the agreement between the Lender and the Borrower in relation to the Loan.
“Lender” means the Lender as defined in POJK 77.
“Loan” means the loan facility obtained by the Borrower from the Lender through Our Platform in accordance with the Lender Borrower Agreement.
“Personal Information” means every and all personal data that is given by User in Our Platform, including but not limited to name, identification number, debtor information, family certificate, birth certificate, marriage certificate, deed, ownership certificate, tax identification number, business license, guarantee letter, income data, User’s location, User’s contact, also documents and other data as required in account registration summary and application summary.
“Platform” means the Kredit Pintar website, mobile application, or other related digital medium or media owned by Us in relation to the provision of Services.
“POJK 77” means the Financial Services Authority (OJK) Regulation Number 77/POJK.01/2016 regarding Information Technology Based Money Lending Services.
“Services” means the provision of services which is provided by Us through the Platform, amongst other things the provision of Loan to the Borrower through Our Platform.
“User” or “Users” (as the context may require) means any party that uses Our Services.
“We” or “Us” or “Our” (as the context may require) means PT Kredit Pintar Indonesia, a limited liability company established under the laws of the Republic of Indonesia, which is engaged in the field of Information Technology Based Money Lending Services.
“You” or “Your” (as the context may require) means the User who uses Our Services.
The Service is not for use within any country or jurisdiction or by any persons where such use would constitute a violation of law. If this applies to You, You are not authorized to access or use the Service.
Our Services is intended to be used by (i) Users of at least eighteen (18) years of age and have the legal capacity to enter into binding agreements; or (ii) legal entity represented by duly authorized representative and has the legal capacity to enter into binding agreements; specifically the provision Services, and located within Our coverage area. All matters relating to access to, or use of, the Services and/or Platform are governed and constructed in accordance with Indonesian law without affecting any principle of international law.
To participate in providing or obtaining the Services via the Platform, You are required to make an account and register yourself in the Platform and complete the registration process as a registered User.
You are required to provide Us with true, accurate, complete and valid Personal Information. You guarantee that there is no misleading and/or irrelevant information being provided to Us during the registration process and any other stage in the use of the Platform. You are required to notify Us of any updates to any changes to Personal Information.
Information Technology Based Money Lending Services
We will process the Loan application form which has been filled with all Your information, data, and supporting documents required. We have the right and absolute discretion to accept or reject Your application. Rejection or acceptance of Loan application will be informed through the Platform.
For the Loan which has been approved, including the amount and the repayment period, such will be disbursed by crediting the amount to Borrower’s account and/or other account agreed by the Borrower, which has been registered on Our Platform. The Borrower is responsible for the accuracy of the bank account data given to Us. We will not be responsible for any loss, claims, and/or lawsuits in any form whatsoever to or by the Borrower or any other party for due to such mistake, inaccurate, and/or false bank account provided to Us.
Upon the acceptance of the Loan application, the Loan is subject to rights and obligations under certain contracts and/or agreement between the Borrower and Lender that will be entered subsequently. In this case, we neither guarantee nor undertake that (a) the Borrower will obtain the proposed Loan nor that (b) the Lender will obtain full repayment of the provided Loan. In avoidance of doubt, any risk resulting and/or caused by the LBA shall be borne by the relevant party, either the Lender or Borrower, and that both parties hereby release, hold harmless and indemnify Us for any matters caused and/or raised due to such agreement.
The Borrower is obliged to repay the Loan based on the agreed repayment period within the LBA. The Loan period starts from the day Loan is disbursed into the Borrower’s registered bank account and/or other account agreed by the Borrower in the Platform.
The Borrower shall repay the Loan with other fees (as informed in transparently in the Platform) to the escrow/virtual account opened by Us for the purpose of repayment of the Loan by the Borrower, and We will further pay the Lender through the escrow account opened by Us and the Lender for the purpose of receiving such repayment of the Loan.
Repayment of the Loan and other fees (if any) can be done through:
ATM by transfer to the bank account as determined and described in the Platform from time to time;
E-Banking by transfer to the bank account as determined and described in the Platform from time to time; or
Any other method as may be determined by Us that may be informed in advance of the Loan being granted, in accordance with the prevailing rules and regulations.
You are only allowed to access and/or use the Platform for Your own use, which means that the Platform can only be accessed and used directly by an individual or entity which is seeking the Services for the individual or entity itself.
Any risk of misunderstanding, miscommunications, errors, damages, costs or losses incurred by the use of the Platform or in connection with LBA is entirely at your own risk. We are not responsible for any loss caused by a failure in accessing Platform and Platform usage method that is beyond Our control or in breach of this Terms of Usage.
By sending Your contact information, You agree to be contacted by Us including but not limited to phone, text message, and other communication methods that allow communication regarding Your Loan and/or Loan application. Furthermore, You hereby warrant that You have received the consent of the party in which You register to be Your emergency contact in our Platform. You hereby release and indemnify us for any loss, claims, or lawsuits for Us attempting to or communicating with such emergency contact in which You registered in our Platform.
By registering to Our Platform, You hereby warrant that:
Every information that You deliver to Us is correct, accurate, and complete, and not misleading;
You are not in default or declared in default by other third parties;
You will utilize the Loan in correspondence with the utilization plan as stated in Your Loan application;
Your are fully responsible for the Loan and all legal consequences which comes with it; and
You hereby authorize Us to provide any notice or information to the Lender or Borrower (as applicable) with regards to You procuring the Services. You therefore acknowledge the delivery of any notice, information, request, order, warning, demand, in any manner whatsoever, by Us, Our affiliates, or any of Our subcontractors as a valid delivery and valid notice, information, request, order, warning, demand with regards to your procurement of the Services.
Intellectual Property Rights
Our intellectual property rights, including but not limited to copyrights, patents and trademarks for and on behalf of Us are wholly owned by and become Our fixed asset. You shall assume that everything You read or see in relation to Your use of Our Service are Our intellectual property rights, or a third party who licensed the right or has given consent to Us for the use of such intellectual property. Unless otherwise expressly noted, nothing that You read or see in relation to Your use of Our Service or any of the source code or HTML code that We used to generate the Service may be copied, reproduced, modified, distributed, transmitted, republished, displayed, or performed for commercial use without Our prior written consent, except permitted by the applicable laws and regulations.
You are permitted to view and copy-print on the content paper provided by Our Service, however:
all copies are the intellectual property rights of Us and third parties which We grant licenses; and
You do not alter in any way a copy of the paper from printed materials, including the deletion of any copyright or other proprietary rights contained in the Our Service.
Prohibited Use – The following is prohibited: any use or attempted use of the Services (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) to interfere with any other party's use and enjoyment of the Services, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by Us to be made accessible to a User, or (vi) to obtain any materials or information through any means not intentionally made available by Us, or (vii) for any use other than the business purpose for which it was intended.
You agree not to use any portion of Our Service to:
inserting or intentionally or unintentionally transmitting viruses, worms, trojan horses, time bombs, trap door, computer code, files or programs or making repeated requests designed to interfere with, impair or limit the functionality of the software, computer hardware, telecommunications equipment, or to reduce the quality, disrupt the appearance of, or damage the functionality of Our Service;
upload, post, e-mail or otherwise accept, or paste links to any content facilitating the data hack;
hacking into any part of Our Service;
upload, transmit emails, or transmit links to any content that infringes the intellectual property rights of third parties;
circumvent or attempt to circumvent, any safeguards from Our Service; allow any third party to do all of the above;
rename, modify, or reshare the content provided in Our Service without Our prior consent.
upload or transmit any message, information, data, text, software or images, or other content ("Material") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity;
create a false identity for the purpose of misleading others or impersonate any person or entity, including but not limited to Our representative, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
upload or transmit any Material that You do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as non-disclosure agreements);
upload or introduce files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
delete any author attributions, legal notices or proprietary designations or labels that You upload to any communication feature;
use the communication features in a manner that adversely affects the availability of its resources to other Users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
upload or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation, commercial or otherwise;
violate any applicable local, state, national or international law;
upload or transmit any Material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
delete or revise any Material posted by any other person or entity;
manipulate or otherwise display the Services by using framing, mirroring or similar navigational technology or directly link to any portion of the Services other than the main Platform, in accordance with the limited license and Services access as outlined above;
register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Service if You are not expressly authorized by such party to do so; or
harvest or otherwise collect information about others, including email addresses.
Password Accounts, Passwords, and Security – If You have been given the option to open an account which will provide You with access to password protected portions of the Platform and You elect to do so, You must complete the registration process by providing Us with current, complete and accurate information as prompted by the applicable registration form, and choose a password and username. You are entirely responsible for maintaining the confidentiality of Your password and account and for any and all activities that occur under Your account. You agree to (a) immediately notify Us of any unauthorized use of Your account or any other breach of security of which You become aware, and (b) exit completely from Your account at the end of each online session. We will not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. However, You could be held liable for losses incurred by Us or another party due to someone else using Your account or password. You may not use anyone else's account at any time, with or without the permission of the account holder.
Modification of Services – To the extent as permitted by the prevailing laws and regulations, We may, at Our sole discretion, modify or discontinue any of the Services or any portion thereof, with or without notice. Neither Us nor Our affiliates will be liable to You or any third party for any modification or discontinuance of any of the Services.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. ALL CONTENT AND SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT AS PERMITTED BY THE PREVAILING LAWS AND REGULATIONS, WE MAKES NO WARRANTY THAT THE CONTENT AND SERVICES ARE ACCURATE, TIMELY, UNINTERRUPTED, NON-INFRINGING, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.
Limitation of Liability – YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PRODUCTS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES AND/OR CONTENT, OR ANY OTHER MATTER RELATED TO THE SERVICES AND/OR CONTENT. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE US OR OUR AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SERVICES.
For the purpose of termination, You agree to waive the provisions of Article 1266 of the Indonesian Civil Code so that the termination of the Services will be effective without having to obtain any court or other institutions approval or judgment within the territory of the Republic of Indonesia.
Applicable Law and Dispute Settlement
Ketentuan Layanan ini dan kewajiban-kewajiban non-kontraktual lainnya yang timbul dari atau sehubungan dengan Ketentuan Layanan ini diatur oleh Hukum Negara Republik Indonesia. Anda setuju bahwa setiap tindakan hukum atau perselisihan yang timbul dari penggunaan Layanan Kami akan diselesaikan oleh Pengadilan Negeri Jakarta Selatan.
Links and Advertisement
Demi kenyamanan Anda, Kami dapat menyertakan hyperlink ke situs atau konten lain di internet yang dimiliki atau dioperasikan oleh pihak ketiga. Situs atau konten tertaut tidak berada di bawah kendali Kami dan Kami tidak bertanggung jawab atas kesalahan, kelalaian, penundaan, pencemaran nama baik, fitnah, kebohongan, pornografi, konten cabul, ketidakakuratan atau materi lain yang terkandung dalam situs atau konten tersebut, atau konsekuensi dari mengakses situs web terkait. serta keakuratan informasi, konten, produk atau layanan yang ditawarkan oleh, atau praktik informasi yang digunakan oleh situs yang ditautkan ke atau dari Platform. Kami menyarankan Anda untuk meninjau kebijakan privasi serta syarat dan ketentuan situs-situs ini sebelum memberikan informasi pribadi apa pun.
For your convenience, We may include hyperlinks to other sites or content on the internet which are owned or operated by third parties. The linked site or content is not under Our control and We are not responsible for any errors, omissions, delays, defamation, libel, lies, pornography, obscene content, inaccuracies or other material contained in the sites or content, or consequences of accessing any related website as well as accuracy of the information, content, products or services offered by, or the information practices employed by sites linked to or from the Platform. We advise you to review the privacy policies and terms and conditions of these sites prior to providing any personal information.
Kami dapat menampilkan spanduk, applet Java dan/atau hal lain yang diperlukan di Platform untuk tujuan periklanan atau iklan produk dan/atau Layanan. Anda mengetahui dan setuju bahwa Anda tidak memiliki hak untuk menerima pembayaran, biaya, penggantian dan/atau komisi sehubungan dengan iklan dan/atau materi promosi lainnya.
We may display banners, Java applets and/or other things required in the Platform for advertising purposes or advertisement of the products and/or Services. You acknowledge and agree that you do not have the right to receive any payment, fees, reimbursement and/or commissions in connection with such advertisements and/or other promotional materials.
Harap diperhatikan bahwa setiap tautan ke situs atau konten lain bukanlah bentuk dukungan atau verifikasi situs atau konten tersebut dan Anda setuju bahwa akses Anda ke penggunaan situs atau konten terkait sepenuhnya menjadi risiko Anda sendiri. Kami tidak bertanggung jawab atas segala risiko data pribadi dan keamanan data terkait akses situs pihak ketiga yang ditautkan ke atau dari Platform. Dalam kasus seperti itu, Kami akan dibebaskan dari tanggung jawab atas kerusakan atau kerugian yang terjadi pada akses tautan tersebut, termasuk namun tidak terbatas pada kerusakan atau kerugian apa pun yang terkait dengan virus, spyware, malware, worm, trojan, kesalahan, bug, atau kerusakan lainnya.
Please be advised that any link to other sites or content is not a form of endorsement or verification of such sites or content and You agree that Your access to the use of linked sites or content is entirely at Your own risk. We are not responsible for any risks of personal data and data security for the access of third-party sites linked to or from the Platform. In such case, We shall be held free from responsibility for any damage or loss occurred upon the access of such links, including but not limited to any damage or loss related to a virus, spyware, malware, worm, trojan, fault, bugs, or any other damages.
Ketentuan Layanan ini dibuat dalam Bahasa Indonesia dan Bahasa Inggris. Bahasa Inggris menjadi bahasa yang berlaku terlepas dari terjemahannya ke Bahasa Indonesia dan dalam hal terdapat perbedaan atau ketidaksesuaian antara naskah asli dalam Bahasa Inggris dan Bahasa Indonesia, maka naskah dalam Bahasa Inggris yang berlaku.
This Terms of Service is made in Indonesian and English language. English language shall be the governing language despite its translation into Indonesian language and in the event of discrepancies or inconsistencies between the original English language text and the Indonesian language text, the English language version will prevail.
You agree that all documents or notices may be delivered to You electronically, through Your e-mail address provided upon registration. Accordingly, You recognize and acknowledge that it is your sole responsibility to update Us with your current email address and We shall not be liable for any claim of loss or damage for failure to receive notices.
You agree that all documents, approval, acknowledgement, authorization, in any form whatsoever under the provision of Service may be executed electronically, using electronic signatures, and you accept the validity and enforceability of which, unless it may be evidenced that the provided electronic signatures are based on unlawful action, such as counterfeit, fraud, or data theft.