Last Updated: 01 January 2016
Welcome to KoinWorks! Thank you for visiting www.koinworks.com. Before using, accessing or utilizing this Platform, please make sure you have read all of these Terms and Conditions.
These General Terms of Conditions consist of rules, guidelines, guides, notices, policies and instructions related to the use of the Platform and the Services available in the Platform. By continuing to access and use this Platform, you acknowledge that you have read, understood and agreed to any and all contents of these General Terms and Conditions.
We will publish any substantial amendments of these General Terms and Conditions (if any) through Platform and you are required to read any amendments properly so that if you continue to use, access or utilize the Platform, you are deemed to have acknowledged, understood and agreed to those amendments.
Unless the context states otherwise, the terms in the Terms and Conditions below shall have the following meanings:
- Company or We are PT Lunaria Annua Teknologi, a company that provides Platform for conducting peer to peer lending activities.
- Service is the service of providing space by the Company on the Platform to bring together Creditor and Debtor in order to conduct peer to peer lending activities.
- Creditor is any User who uses the Service intended to provide loan/investment through the Platform.
- Debtor is any User who uses the Service intended to receive the Loan through the Platform.
- User are anyone who visits, accesses and/or uses the Platform.
- Personal Data is personal identity, account number used on the Platform, and all data and information related to account value and revenue which users earned whether as a Creditor or Debtor, if any, on the Platform.
- Loan Target is the Loan application of the Debtor which is put in the Platform to be offered to Creditors.
- Classified Loan Target is a category of Loan Target based on risk and interest value.
- Loan is fund granted by the Creditor to the Debtor through Koin account.
- Platform is KoinWorks.
- Koin Account is a Company account that is specifically functioned to the Creditor and Debtor in order to run the Service.
- Credit Agreement is the lending agreement between Creditor and Debtor in connection with the Loan in order to provide Services by the Company.
2. General Terms
By accessing and using this Platform, you state that you have read and understood the following General Terms and Conditions.
Apart from these General Terms and Conditions, you may also commit to:
- Terms and Conditions of Creditors (specifically for Users as well as Creditors);
- Terms and Conditions of Debtors (specifically for Users as well as Debtors);
- Other agreements with the Company that will regulate your use of the Services.
3. General Use
This Platform is intended for use by Individual Users with the minimum age of 17 years old. By using this Platform and/or making use of the Services on this Platform, you represent and warrant that you are already 17 years old or older and will comply with the rest of these Terms and Conditions. Any use of Platforms and Services by Users under 17 years old is invalid and is a violation of these Terms and Conditions so that We reserve the right to not provide the Services We Provide in the Platform.
You may not use the Platform or the Services for any purposes that are contrary to law.
4. Change(s) to these Terms and Conditions of Use
The Company reserves the rights to change these General Terms and Conditions at its sole discretion from time to time. All amendments made to these General Terms and Conditions will be effective immediately after the Company includes them in the Platform. Company will include the last update date of these General Terms and Conditions on the homepage of the Platform.
You understand and agree that when you continue to use the Platform or Services after the changes to these General Terms and Conditions made, you are subject to and bound by the new Terms and Conditions.
5. Agreement on the Use of Electronic Transactions
By using and accessing Platform as a user, you understand and agree that any forms of communication from the Company to you related to the Services through the Platform will be provided electronically whether it is through email or published on the Platform.
You agree to accept all documents, notifications and agreements electronically arising from your use of Platform and Services, including the Services as Creditors and Debtors. All your approvals on any document, notification and agreement electronically arising from the use of Platform and Services are provided by signing electronically.
Any agreements you have provided electronically through the Platform are solely your responsible and bind you as a user of the Service, both the rights and the obligations arising from the agreement.
We respect the protection of your privacy. We do not collect any personal information about you unless you specifically and deliberately choose to provide such information to Us for the following:
- Personal data you provide to Us; and
- Any data needed to access your account as the User, including but not limited to IP Address, hardware, etc since you visited and accessed the Platform.
7. User Content on the Platform
You are solely responsible for all materials and information you provide, upload, publish, and display in the Platform as well as all materials and information you send or provide to other Users (“User Content”).
You understand and agree that Company reserves the rights, but not obliged, to review and remove all the User Contents at its sole discretion (without notification), including but not limited to, User Content at the discretion of the Company that is classified as a violation of these General Terms and Conditions, contrary to applicable laws and regulations, or may violate or compromise the rights and security of other Users.
By using this Platform you give rights to the Company to use, copy, publicly display, reformat, and distribute User Content for other purposes (marketing and/or promotion) or anything related to the Platform. You reserve the rights to withdraw your User Content at anytime. If you withdraw your User Content from the Platform, every rights you gave to the Company as stated above will remain prevail.
8. Prohibited Acts
You represent and warrant that you will not use and access the Platform, unless you have the Company’s prior consent to do the following:
- Using, accessing, collecting and/or taking data on the Platform, either with or without a specific purpose;
- Using any automatic facility and/or program to access the Platform and/or collecting information from the Platform;
- Uploading, publishing, sending email and providing ads, promotion, junk mail, spam, and/or any other forms for commercial and non-commercial purposes, in the Platform, Platform Users and/or third party;
- Editing Platform template;
- Creating pop-up to access the Platform;
- Doing other things that give impacts which may harm Us and the Platform facilities.
You agree that in the event of any breach you make to the provisions of these Terms and Conditions or with any applicable law, then the Company may unilaterally and without prior notice delete your Account on the Platform, restrict your access to the Platform and terminate the Services to you. You agree that any loss of material or immaterial arising from the termination of your Account and/or access restrictions to things as stated above is entirely your responsibility.
10. Data Accuracy
You agree that by accessing the Platform and using the Services, you warrant the authenticity and the accuracy of data you provide on the Platform. The data you provide is true, accurate, complete, up to date and not misleading.
You understand that you have an obligation to always:
- Update and inform the Company about any changes, immediately after the changes occur.
- Keep your password and personal data safe;
- In the event that you act for an organization, association or company, you are solely responsible for any use of the Services, including but not limited to do so as set forth in letters a and b above.
If the Company finds out, either directly or in the future, that the data or information you provide to the Company is incorrect, allegedly false and/or inaccurate, then the Company reserves the rights to block your access to the Platform. You will be solely responsible for any damages that arise or will arise, whether material or immaterial, for any inaccuracies you provide.
11. Tax Report
Users are obliged to understand that the Company is a reporting financial institution so that it is subject to the provisions of the Regulation of the Director General of Tax No. PER-04 / PJ / 2018 as well as the provisions of other laws and regulations in the field of taxation and all implementing regulations and amendments thereof. You also acknowledge that as a reporting financial institution, we are required to make tax reporting in accordance with the provisions. You therefore agree that We may report your Personal Data using electronic mechanisms online through the pages of the Directorate General of Taxation or nonelectronic mechanisms conducted directly to the Primary Tax Office or through the Financial Services Authority in accordance with the time specified based on the above-mentioned rules.
12. Statement and Warranty
Company is a Platform provider which does peer to peer lending activities and provides business consulting services to the Platform users. In this case, the Loan is directly given by the Creditors to the Debtors, but facilitated by the Company as the Platform provider.
The relationship between Creditor and Debtor stipulated in the Credit Agreement agreed upon by every party.
Loans contained in the Platform are based on a Credit Agreement and can not be considered as Stocks as referred to in Law No. 8 of 1995 on Capital Market. Therefore, the offer on the Loan contained in the Platform is also not a Public Offering as referred to in Law No. 8 of 1995 on Capital Market, but merely a civil offer.
The Company does not undertake the collection or management of public funds, whether for savings or investment.
The Company makes no promises, representations and warranties concerning any proceeds which may be obtained through the use of this Platform. Any decision taken by the User in using the Services in the Platform is entirely the User’s decision.
You agree to release, free and indemnify the Company, its affiliates, its shareholders, directors, commissioners, employees, subcontractors, suppliers, agents of and to any and all liabilities, claims, losses, damages, including legal consultant fees, arising from your violation to these Terms and General Conditions and any other terms set by the Company.
14. Limitation of Liability
As a Platform provider, the Company’s responsibility is limited to facilitating the needs and complaints between each User (between Creditor and Debtor). The Company provides Customer Service facility during working hours starting from 09:00 to 18:00 WIB to serve the Users in the Services provided on the Platform.
15. Applicable Law
These General Terms and Conditions and other provisions set forth by the Company are regulated by and construed in accordance with the laws of the Republic of Indonesia. You agree that any legal actions or disputes that may arise from, relating to, the use of the Platform shall be resolved exclusively within the jurisdiction of the South Jakarta District Court of the Republic of Indonesia.