Definitions below in any part of these T&C, have the following meanings:
- AMAAN Services is a platform service provided by AIS to facilitate Users to gain access including but not limited to financing products and financing support products, as well as other financing products/services for Users’ business needs from Financial Institutions and/or other third parties in accordance with the policies, regulations, internal procedure that can be changed from time to time, according to its discretion and other services aside from financial services that can be used by Sahabat AMAAN (User) or Sahabat Pembiayaan AMAAN (Financing Partner);
- AMAAN Platform is (a) a website portal and/or mobile version of website portal that is made, owned, and operated by AIS which is currently located in and can be accessed in the following URL: https://amaan.co.id, the following is URL changes from time to time; and/or (b) AMAAN mobile application that is made, owned, and operated by AIS, the following is its changes from time to time;
- Sahabat AMAAN (User) is any individual who visits, accesses, uses, and/or utilizes AMAAN Platform and/or AMAAN Services;
- AMAAN Partners are Financial Institutions or other third parties who cooperated with AIS which owning products/services to be marketed/distributed/given to Sahabat AMAAN;
- Sahabat Pembiayaan AMAAN (Financing Partner) is Sahabat AMAAN who are approved to get financing/loans from AMAAN Partners;
- PIN is the personal identification number created and determined by the User when they register to verify their identity in the Security system;
- OTP (One Time Password/) is a password code that is sent via Short Message Service (SMS) to User’s phone number registered in the AMAAN Platform to verify the User when entering the passcode as well as a form of approval for certain actions taken by the User through AMAAN Platform;
- Loan/Financing Agreement is an agreement/contract between AMAAN Partners and Sahabat Pembiayaan AMAAN which basically regulates financing/loan facilities distributed through AMAAN Services;
- Financing/Loans is the distribution of financing or loans by AMAAN Partners to Sahabat Pembiayaan AMAAN through AMAAN Services with terms and conditions based on the Loan/Financing Agreement;
- Bincang Sehat is a service that is limited only to have discussion or conversation about health between Sahabat AMAAN and doctors/health professionals;
- AMAAN Partner Contents is any and/or all information created, provided, developed, and managed by AMAAN Partners including but not limited to articles, recommendations, messages, quotes or quotations, text/writing in any form, images, photos, illustrations, animations, videos, sound or music recordings, titles, descriptions and any data/information in other forms provided by AMAAN Partners to be displayed on the AMAAN Platform;
- Working Hours is from Monday to Friday (excluding Saturday, Sunday, Financial Institution holidays, and national holidays);
- POJK 13 is the Financial Services Authority Regulation No.13/POJK.02/2018, concerning about Digital Finance Innovation in the Financial Services Sector including all amendments (if any).
II. GENERAL TERMS
- These T&C are applied to all Sahabat AMAAN (User), and therefore Sahabat AMAAN must ensure that they have read, understood, and agreed to these T&C if they are going to use the AMAAN Services;
- Sahabat AMAAN hereby declare that they are Legally Competent to make the agreement;
- The title used for these T&C is for explanation and reference only, and does not affect the interpretation or becomes a consideration in making interpretation of these T&C.
A. Platform Use
- Sahabat AMAAN has the full rights and freedom to choose and use AMAAN Platform or other platforms, use the services provided in AMAAN Platform or not, and including if they want to stop using the AMAAN Platform;
- AMAAN Platform only provides information access and facilitates Sahabat AMAAN to get the services of AMAAN Partners;
- Sahabat AMAAN may use AMAAN Platform to gain various information available in the platform, including but not limited to AMAAN Services;
- Sahabat AMAAN is completely responsible for the use of AMAAN Platform when Sahabat AMAAN accessing it through any media and from any where;
- Sahabat AMAAN is responsible to ensure that the information they give, either during registration or at any time they access the AMAAN Platform, can be accounted for its truth, accuracy, and not misleading;
- In AMAAN Platform, there may be link to the platform managed by third-party (“External Platform”). The External Platform is provided only for reference and information. We do not operate, control, or support in any form the relevant External Platform, as well as the contents. Sahabat AMAAN is completely responsible for the use of the External Platform.
B. Account Registration and Access
- After registering, AMAAN Platform system will automatically generate a verification code and send the OTP code via short message to the cell phone number that Sahabat AMAAN provided. After that, Sahabat AMAAN has to verify by entering the OTP code on the registration page in the application;
- Sahabat AMAAN will be asked to create a PIN. After entering the PIN, User will be asked to re-enter the PIN, the registration will be successful if both the entered PINs are correct;
- The PIN that Sahabat AMAAN have entered is created to not be shared or informed to anyone, therefore user is fully responsible for all the risks coming from PIN abuse.
- Sahabat AMAAN’s account can only be used by themselves and cannot be transferred to other people for any reason;
- Sahabat AMAAN is completely responsible for their account, including all losses and risks arising from Sahabat AMAAN’ carelessness in maintaining account’s security and confidentiality;
- If Sahabat AMAAN find out or suspect that their account has been used by other party without consent, or if Sahabat AMAAN’s cell phone/device along with the phone number registered on the AMAAN Platform is lost, then Sahabat AMAAN must notify AIS. AIS will take any action that are considered necessary and can be done against such unauthorized use.
C. Provided Services
- AIS provides the services in AMAAN Platform;
- AMAAN Services is the type of service that will or may be developed and introduced by Amaan from time to time;
- Sahabat AMAAN (User) understands, acknowledges, and agrees that AIS’ role is to assist AMAAN Partners in distributing financing products, sharia financing, and financing support products, as well as other financial products/services, or other services that can be used by Sahabat AMAAN. Sahabat AMAAN also understands that as a company engaged in the Digital Financial Association / Ikatan Keuangan Digital based on POJK 13, AMAAN has been officially registered and supervised by the Financial Services Authority of the Republic of Indonesia (“OJK RI”). Therefore, the implementation of AMAAN’s business activities is under OJK RI supervision.
D. Fees and Payment
Downloading the AMAAN Platform is free, however AIS may charge a fee for using certain features of AMAAN Services.
E. Personal Data Protection
- Sahabat AMAAN (User) agrees that AIS can collect, store, or use the Personal Data that Sahabat AMAAN provides in accordance with the applicable laws and regulations;
- Sahabat AMAAN agrees that AIS has the right to share User Personal Data with the government, official authorities, and/or other parties who cooperated legally with relevant government agencies, including but not limited to the Financial Services Authority (OJK), The Association of Digital Financial Innovation Organizers (IKD), as long as it is related to the actions regulated in legislation, instructions from relevant government institutions, and the maintenance of corporate risk management in providing services that prioritize the principle of circumspection;
- AIS is committed in using User Personal Data only for the interest of providing and improving quality services;
- By providing Personal Data to AIS, Sahabat AMAAN and/or Sahabat Pembiayaan AMAAN have agreed that AIS and/or other third-parties approved by AIS may contact Sahabat AMAAN or Sahabat Pembiayaan AMAAN through including but not limited to letters, chat, fax, email, or telephone;
- All User Personal Data are stored securely by AIS in accordance with data protection provisions, Financial Services Authority Regulations, and the Republic of Indonesia regulated legislations. AIS strives to ensure that any information sent by Sahabat AMAAN is protected through AIS system, including but not limited to using SSL/TLS technology;
F. Contents, Information, and Promotions
- To alleviate doubts, AIS hereby emphasizes that AIS is only a Platform provider and therefore is cooperated with AMAAN Partners who wish to use the AMAAN Platform;
- AMAAN Partners who cooperate with AIS may provide contents that Sahabat AMAAN (User) can find on the platform;
- If the content belongs to AMAAN Partners, then AIS is not responsible for any part containing in the AMAAN Partners Content;
G. Prohibited Actions
By agreeing to access AMAAN Platform, User is prohibited from doing these activities described in the following:
- Collecting, copying, modifying, translating, creating derivative works, licensing, selling/transferring either a part or full, reverse engineer, transmitting, broadcasting, or retrieving data on the AMAAN Platform, or in the other way exploiting the AMAAN Platform or data on the AMAAN Platform either systematically, automatically, or manually, for any purpose or interest which may cause harm and disruption to the platform, including the AMAAN electronic system, without AIS permission;
- Attacking and making overload the server and/or platform’s electronic system that could disturb other Users;
- Performing a deep link on every part of the platform (including but not limited to the purchase section) for any purpose without written permission from AMAAN beforehand;
- Selling, using, monitoring, displaying, downloading, or reproducing any content of information, software, or service available on the platform for other activities, any commercial use, or competitive purpose;
- Framing, mirroring, or in the other way listing every part of AMAAN Platform to other platforms;
- Sending messages that violates the law (according to applicable laws and regulations) to or across the platform, or sending messages that reflect activities which violates the law;
- Sending, uploading, or providing messages with materials that may be considered containing harmful, immoral, pornographic, inappropriate, offensive, violence, abuse, indecency, racism, discrimination, insults, threats, harassment, hatred, and other things that are inappropriate and violate the Indonesian law;
- Sending or providing information or messages containing material that insults and defames a person or a party, as well as information that is prohibited by Indonesian law;
- Sending any message that violates or harms any intellectual property rights or other rights of any institution/person, including but not limited to copyrights, patents, trademarks, laws regulating the trade-secret, privacy rights, or publications;
- Pretending to be a person or an institution, or incorrectly stating regarding the User’s relationship with the person or institution, or using a false identity with the purpose of misleading or deceiving other parties;
- Manipulating or falsifying the tittle of the message to hide its origin;
- Using the platform in any way that can damage, disable, overload, or harm the use of the platform or other user’s computer equipment, or any way that can cause damage, interference, as well as making the function of any software, hardware, or telecommunications equipment limited;
- Attempting to gain unauthorized access to the platform, both frontend and back-end way, as well as to any related platforms, other user accounts, and electronic system or networks connected to the platform, by doing piracy, password retrieval, or in any other way;
- Obtaining or attempting to obtain materials or information in any way that is not intentionally provided through the platform, including taking and collecting information about other parties such as email addresses, names, addresses, and other personal information;
- Sending ads, promotions, junk mails, spam, or other forms to AIS, Sahabat AMAAN (User), Sahabat Pembiayaan AMAAN (Financing Partner), or the third-parties;
- Attempting to hack and crack the AMAAN Platform;
- Seeking limited information such as address, credit card, financial account information, or password;
- Engaged in any fraudulent practices aimed to manipulate the organic Search Engine Results Page (“SERP”) or employing Search Engine Optimization (“SEO”) techniques that are deemed to be in the contrary of conventional search engine guidelines, as well as SEO practices that are deemed to be unethical, Black Hat, or spamdexing, including but not limited to cloaking, metadata and title tags, content scraping, link schemes, Google bombs, keyword stuffing, hidden text and links, doorways and cloaked pages, link farming or schemes, blog comment spams, etc; and/or
- Performing any other things that can cause harm as well as other negative impacts to the platform, AMAAN affiliated parties, directors, employees, and AIS reputation;
- If the user perform any activities that are prohibited as stated in the T&C above, AIS has the right to take preventive or repressive actions, including but not limited to blocking User access to the platform, deleting User account, filing lawsuits both civil and criminal to the User, and reporting the User to the authorities.
H. Intellectual Property Rights
- The contents contained on AMAAN Platform including but not limited to names, logos, program codes, designs, trademarks, technologies, databases, processes, and business models are protected by copyrights, brands, patents, and other intellectual property rights ( “Intellectual Property Rights”) available either on behalf of AIS or AMAAN Partners;
- User agrees not to use or falsify the Intellectual Property Rights. Moreover, the User agrees not to add, modify, or remove Intellectual Property Rights or any other information from each content on AMAAN Platform;
- The AMAAN platform is a property owned by AIS. All Intellectual Property Rights in this platform are the permanent property owned by AIS, AMAAN Partners, or the third parties who have been given permission to use them permanently;
- Any reproduction, distribution, creation of similar works, sales, or offers to sell either part or full of the appearance and the use of AMAAN Platform and/or AMAAN Services, either digitally or other way on devices other than cellphone or tablet, including but not limited to the use of modifications that deviates from these T&C as well as the intended use of AMAAN Platform determined by AIS, are considered as violations of the Intellectual Property Rights.
I. Limitation of Liability
- AIS provides the AMAAN Platform as it is and hereby confirms that AIS does not represent and does not guarantee the reliability, timeliness, quality, suitability, availability, accuracy, completeness, and security of the AMAAN Platform can meet the user’s needs and expectation, including but not limited to the service that is provided by AMAAN Partners. AIS is not responsible for any damage or losses or caused by any failures or mistakes made by AMAAN Partners, or for Sahabat AMAAN (User) and Sahabat Pembiayaan AMAAN’s (Financing Partner) failures and mistakes in complying with the T&C;
- The AMAAN Platform may experience limitations, delays, obstacles, or other problems that may occur in the use of the internet and electronic communications, including but not limited to the User and AMAAN Partners’ device problems, and not being able to connect to the Internet. Therefore, AIS is not responsible for these problems;
- AIS hereby confirms that AIS has no obligation whatsoever including to take further action or legal action that is considered to be necessary by Sahabat AMAAN, Sahabat Pembiayaan AMAAN, or AMAAN Partners for any problems or disputes that arise between Sahabat AMAAN, Sahabat Pembiayaan AMAAN, and AMAAN Partners. However, AIS will facilitate any problems or disputes that arise between Sahabat AMAAN, Sahabat Pembiayaan AMAAN, and AMAAN Partners with the required reasonable strives. During the such settlement is done, AIS does not act as a mediator therefore it does not incur any liability for AIS to do so;
- All payments related in AMAAN Services is include taxes, duties, or similar government deductions, including sales and uses tax, value-added tax (VAT), items and services tax, excise, business, service, and similar transaction tax imposed by jurisdictions, excluding taxes based on AMAAN’s net profit (collectively, “Taxes”). AMAAN is responsible for the taxes related to the purchase, payment, access, or use of AMAAN Services; The AMAAN platform may be interrupted by events beyond AIS’ control (“Force Majeure”), including but not limited to natural disasters, weather conditions, fires, nuclear incidents, electrical disturbances, electromagnetic pulses, terrorist acts, riots, wars, attacks that cause fire, rebellion, armed violence of any kind, labor strikes, shortages, government actions or prohibitions, theft, bankruptcy, quarantine, epidemics, pandemics, machine damage, interruptions of network or system, interruptions of internet connection and communication, cyber-attacks against servers and platforms, hacking, cracking, and other things that can affect the performance of AMAAN Platform. User agrees to release AIS from any claims and responsibilities if AIS is unable to facilitate AMAAN Services due to a Force Majeure, including fulfilling the instructions that User gave through the AMAAN Platform, either in part or full.
- AIS strives for accuracy of the information from this platform. However, AIS provides the information on this platform “as it is”, and does not guarantee or represent anyone regarding the information on this platform;
- AIS does not guarantee that AMAAN Platform is always available and can meet the User needs. AIS also does not guarantee if there is any interruption of access, delay, failure, or loss of the information sent.
K. Applicable Laws
- These T&C and other provisions set by AIS are construed in accordance with the laws of Republic of Indonesia;
- In the matter of disputes, conflicts, different opinions arises regarding the interpretation and/or implementation of the T&C, Sahabat AMAAN, Sahabat Pembiayaan AMAAN, and/or AMAAN Partners agree to settle in deliberation and good faith to reach an agreement;
- If the disputes or conflicts cannot be resolved through deliberation, Sahabat AMAAN, Sahabat Pembiayaan AMAAN, and/or AMAAN Partners agree to resolve disputes or conflicts by the means of:
- Resolving the disputes or conflicts outside the court through alternative institutions. Dispute/conflict resolution outside the court is according to its applicable laws and regulations; or
- Resolving the disputes or conflicts in the court. Therefore, Sahabat AMAAN, Sahabat Pembiayaan AMAAN, and/or AMAAN Partners agree to settle the problem through the court with a permanent position at Court Clerk of South Jakarta. However, it does not prejudice to the rights of AIS to file a lawsuit through another court in the territory of Republic of Indonesia.
If User violates any of these T&C, AMAAN may decide unilaterally and take action including but not limited to the following:
- Temporary or permanent withdrawal of User’s right to use the AMAAN Platform and any material uploaded by the User to the AMAAN Platform;
- Warnings and legal attempts against the user to reimburse all costs for losses caused by violations of these T&C;
- Disclosure of the relevant information to the authorized party.
M. User Complaint
- AIS is committed in providing the best service to every User. If there are suggestions, complaints, and/or objections to the AMAAN Services, please contact us at email@example.com or you can refer to the User Complaint Service provisions;
- AIS is limited in facilitating the User needs and complaints, by providing a complaint service to serve the User every working hours from 09.00 to 18.00 West Indonesia Time (WIB).
N. Temporary/Permanent Account Suspension
User may delete AMAAN Platform at any time from User’s cell phone and/or other devices.
AIS does not have any obligation towards User for the deletion platform. However, the User is obliged to settle obligations that may arise in the matter of dispute or legal issue occurring before the date of the AMAAN Platform deletion or temporary suspension or permanent suspension.
User’s account may be temporarily or permanently suspended due to the things, including but not limited to:
- The user’s cell phone or device used is reported being lost, or user account is used/suspected of being used/misused by someone else;
- AIS can tell and has sufficient reasons to suspect the things have occurred, which according to AIS judgement, may harm or have harmed AIS, users, or other parties;
- When AIS system detects that there is an unreasonable act of using the account or an unfulfilled user’s obligation is occurred;
- The order of temporary or permanent suspension is published by AIS based on the court order or in accordance with the applicable laws and regulations. If the user’s account should not have been suspended and the user has clear evidence that it should not be suspended, they may submit a report accompanied by the evidence. Moreover, if AIS has conducted an examination to the case, AIS is at its sole discretion that can determine whether to end or continue the account suspension.
- User understands and agrees that these Terms and Conditions are electronic agreements and the User’s action of pressing the ‘join/sign-in’ button when registering is an User’s consent to declare to be subject to derivatives of these T&C, so that the applicability of these T&C are valid and legally binding and continue to apply throughout the use of AMAAN Platform;
- If at any time there are provisions of these T&C become invalid or unenforceable in any case, then the legality, validity, and enforceability of other provisions in these T&C will not be affected or reduced because of this one matter and will continue to apply;
- A person or party that is not a party that subjects to these T&C, is not entitled under any law and jurisdiction to enforce the provisions of these T&C. To avoid doubts, nothing in this clause shall affect the rights of any permitted redirection of these T&C;
- Any errors of typographical, administrative, or other errors or omissions in receipts, invoices, or other documents that occurred on the AIS side will be the material of AMAAN’s improvement;
- User acknowledges and agrees that any records (including telephone conversation records related to the service, (if any)) may be managed by AIS or AMAAN Partners related to the AMAAN Platform and AMAAN Services are binding and conclusive to the user for all purposes whatsoever and may be the evidence of any information and/or data sent between AIS and User. The user agrees that all of these records are accepted as an evidence, and that the user will not dispute the receipt, reliability, accuracy, or authenticity of these records on the grounds that these records are in electronic form or output from a computer system;
- User cannot remove the user’s rights and obligations of these T&C without prior written permission from AIS, yet AIS can transfer AIS’ rights based on these T&C without prior approval from the user or without giving prior notification to the user.
III. SPECIAL TERMS
A. Financing Product Services
- Apart from complying with the T&C, Sahabat Pembiayaan AMAAN hereby declares and agrees to comply with the Loan Agreement/Financing Contract as well. If there is a difference or conflict between the T&C and the Loan Agreement/Financing Contract made in relation to the provision of AMAAN Services, then the provisions that apply to Sahabat Pembiayaan AMAAN are the Loan Agreement / Financing Agreement with the provision that if there are provisions that are not regulated in the Financing Agreement / Loan Agreement but are regulated in the T&C, as long as it is required and permitted according to the law, the provisions in the T&C must be applied to and obeyed by Sahabat Pembiayaan AMAAN;
- Information regarding financing products, financing support products, and other financing products/services as well as other services provided by the AMAAN Platform comes from Financial Institutions or third parties of AMAAN Partners, or comes from AIS based on the information provided by AMAAN Partners voluntarily;
- Sahabat AMAAN understands that AIS has the authority based on the power of attorney from AMAAN Partners to determine whether Sahabat AMAAN is approved to become Sahabat Pembiayaan AMAAN or not, according AIS’ assessment and policy. In the matter of AIS has decided that Sahabat AMAAN is not approved to be Sahabat Pembiayaan AMAAN, AIS does not have the obligations in any form to Sahabat AMAAN, so that Sahabat AMAAN does not have any right to demand compensation, acceptance of rights, or replacement in any form even from AIS;
- AIS only provides AMAAN Platform and Services. AMAAN is not considered as a Financial Institution who provide loans/financing, therefore AIS is not a party that has obligation when they act as one of the parties for the loan/financing transaction, AIS is just solely as a legitimated special power representing the Financial Institution of AMAAN Partners;
- AMAAN Services will comply with the applicable laws and regulations, T&C, and/or any Financing/Loans Agreement that bind Sahabat Pembiayaan AMAAN with AMAAN and/or AMAAN Partners. AIS will not be responsible for any actions taken by other parties in the context of complying with the law and the T&C, unless prior approval is obtained from AIS;
- AIS will charge a fee if Sahabat AMAAN becomes Sahabat Pembiayaan AMAAN;
- Sahabat Pembiayaan AMAAN agrees to be obligated to pay AMAAN Service fees whose payments are made according to the schedule or conditions established in the Loan Agreement or other binding documents determined by AIS and/or AMAAN Partners. In the matter of condition where Sahabat Pembiayaan AMAAN experiences a default or late payment, AIS will notify warnings to Sahabat Pembiayaan AMAAN.;
- If Sahabat Pembiayaan AMAAN once again failed to make payments AMAAN Partner after being warned, then it will be declared as a default. In the matter of default, AIS can assist with rescheduling, reconditioning, and/or restructuring financing requests to AMAAN Partners. However, the decision on the application rests entirely with the AMAAN Partner who provides financing, and AIS can take legal action against the default committed by Sahabat Pembiayaan AMAAN.;
- Sahabat Pembiayaan AMAAN understands and agrees to pay fees (if any) related to the financing facilities prerequisites by AMAAN Partners and/or AIS.
B. Layanan Bincang Sehat
- AIS is not a health care provider nor a place for medical practice;
- This service is provided by doctors/health professionals as AMAAN Partners who wish to serve the community by providing services to Sahabat AMAAN through health discussions;
- AIS is only a platform provider of Bincang Sehat. Therefore, AIS is not in a position to provide advices to User in choosing the doctors and is not responsible for the conversations/discussions held between doctors/health professionals and User;
- User agrees and understands that the conversations between user and doctor on the platform will be automatically stored and archived for legal purposes and to improve the quality of AMAAN Service;
- By using this platform, user knows and does not mind that the conversations via chat will be saved;
- Users acknowledges and agrees that this service does not a replacement for doctors’ general examination and treatment;
- AIS will do their best at making sure that the doctors/health professionals of AMAAN Partners registered on the platform can provide quick response to user’s questions;
- User acknowledges and agrees that this platform is not to be used to discuss emergency medical conditions and it is highly not recommended to use this service for an urgent health matters;
- The Bincang Sehat Service is neither coercive nor binding. The decision to use this service is entirely in the user’s care. User is free to choose to use other service providers;
- User understands that during the conversation with doctors/health professionals of AMAAN Partners, they are obliged to provide and explain clear and accurate information/physical symptoms that the user experienced.
After reading and understanding all of these Terms & Conditions, Sahabat AMAAN has agreed to commit themselves with the T&C. Please download the application and give consent to these Terms & Conditions.