Terms and Conditions
- Account is a unique identity that is used to classify you and record your activities on our website and services by registering on our website.
- “You”, with a variety of grammar and cognate expressions, refers to the Loan Recipient, the Loan Provider or another person using the Website and Services regardless of whether or not the person is registered on the Website.
- “We”, with a variety of grammar and cognate expressions, refers to Aktivaku along with the legal authority of Aktivaku.
- “Users” refers to anyone who accesses and/or uses the site whether or not the person is registered on the site. Each provision in this agreement applies to all users (regardless of the user registration status) or business and other user entities specifically, or if the context determines otherwise, Users are considered to include any business or other entities on behalf of the site or Services accessed by other Users.
- “Content” means all content on our Website and/or Services, in whole or in any part, including but not limited to design, text, graphic images, photos,pictures, images, videos, software, music, sound and other files, credit ratings, tariffs, fees, quotes, historical data, graphics, statistics, articles, our contact information, any other information, and their selection and arrangement.
- “Service” has the same meaning as specified in Article III below.
- “Interactive Service” has the same meaning as stipulated in article IV.
- “Third Party Sites” refers to the website specified in article 5 below.
- “Website” refers to the website http://aktivaku.com/ and http://com/, including all the domains and sub-domains.
- In the Website, we provide services in the form of:
- Providing a forum for prospective buyers to seek loans and prospective loan providers to invest by providing loans.
- Providing exclusive space and meetings between prospective buyers and loan providers on the website so that the lending and loan collaboration can be carried out.
- Selecting, analyzing and approving loan applications submitted by prospective buyers so that investors can obtain quality investments.
- roviding a holding account that contains loan funds from the loan provider to the Buyer to bridge the relationship between the Loan Provider and the Buyer.
- In providing services, we affirm the following:
- We do not guarantee that the Buyer will return the loan to the Loan provider in accordance with the provisions on Aktivaku Terms and Conditions.
- As the organizer of peer-to-peer lending services, we are regulated and supervised by the government through the Financial Service Authority (OJK) in accordance with OJK Regulation (POJK) number 77 of 2016 concerning Technology-Based Money Lending and Borrowing Services.
- In accordance with the provisions of the Financial Service Authority (OJK), we serve as the administrative intermediary between the loan providers and the loan recipients. Thus, the credit risk or the default risk of the buyer is entirely borne by the Loan Providers.
- We do not provide any form of investment advice or investment recommendations regarding options in this Website and Service.
- The content, information and material that we provide in this Website and Service are only intended to provide information and are not considered as an offer, request, invitation, suggestion or recommendation to buy or sell investments, securities or capital market products or other financial services.
- The funds placed in our accounts will not be considered as deposits held by companies as stipulated in banking laws and regulations in Indonesia.
- Neither our company, Director, employee, worker, representative, affiliation nor agent has the responsibility for any for any disturbances or problems that occur or are considered to occur, caused or due to lack of preparation or publication of the material and information listed on our Website.
- All information and data obtained from our Website will be stored in accordance with the provisions of Law Number 11 of 2008 concerning Information and Electronic Transactions along with the derivative regulations.
- Interactive Services
- We can provide the following services from time to time on the website, site content, our services, including, but not limited to:
- Chat room;
- Bulletin board;
- Other social media functions;
- If we provide each Interactive Service, we will provide clear information to you about the types of services offered, whether there is a moderator for the service, and what form of moderation is used (including whether it is done by humans or others).
- We will make commercially reasonable efforts to assess any potential risks to Users from third parties when they use any Interactive Services provided on our website, and we will decide in any case whether it is appropriate to use moderation from the relevant services (including the type of moderation used) in dealing with these risks. However, we have no obligation to supervise, monitor or moderate any Interactive Services that we provide on our website, and we strictly exclude our obligations for any losses arising from the use of Interactive Services by Users that conflict with the content standards, regardless of whether the service is moderated or not.
- If we moderate Interactive Services, we will usually provide the means to contact the moderator, if problems or difficulties arise.
- You are absolutely responsible for your interactions with other users. We protect the rights, but not the obligation, to monitor disputes between you and other Users.
- We can provide the following services from time to time on the website, site content, our services, including, but not limited to:
- In the Website, we provide services in the form of:
- Aktivaku can provide links to other sites that are owned, operated or provided by third parties, as well as the design, text, graphic images, photos,pictures, images, videos, software, music, sound and other files, credit ratings, tariffs, fees, quotes, historical data, graphics, statistics, articles, other sources, information and content belonging to or originating from the third parties.
- Associations with Third Party Websites are beyond our control and responsibility. We do not accept guarantees for the content or availability of related websites that are not operated by us. The links on our Website are provided only for your convenience and we do not indicate our trust or approval on the related websites. Therefore, you should always refer to the terms and conditions on the related websites before you use the websites and submit your questions or comments directly to the provider of the Website.
- You are not permitted (and you are not permitted to help others) to link from your Website to our Website (in any way) without a written consent, which we can provide or reject in accordance with our policy. You are not permitted to make a Hot Link to the content or images without our written permissions first.
- You unconditionally and irrevocably represent and warrant that:
- You have full legal rights, capacity and legal authority to access the Website and use our Services.
- You have good intention in using our Website and Services and will use our Website and Services for legitimate purposes and do not conflict with laws and regulations.
- Your use of our Website and Services does not violate your existing and future obligations, including but not limited to the obligations contained in your agreement with other third parties.
- All information and data that you provide or will provide for us are accurate, complete and not misleading.
- There is no material or information or any data that you submit through your account, or post or share through our Website and Services will violate or break the rights of any third parties, including the privacy, copyright, trademark, publicity or other ownership or personal rights or contain slander, defamation or material that violates the law.
- Each of the statements and guarantees mentioned above is made truthfully, without hiding any facts and material matters, and thus you will be fully responsible for the truth of the things stated above, and so will be willing to take good responsibility both civilly or criminal, if these statements and guarantees are not in accordance with the actual conditions.
- We reserve the right to change, modify, delay or stop all or any part of the website or Services at any time. We also can set limits on certain features or limit your access to part(s) or the entire website or Services without notice or responsibility.
- You need to note that the Internet can be subject to interference, transmission outages, and transmission delays due to incorrect Internet traffic or data transmission as this is inherent in the nature of the Internet that is open to the public.
- You need to note that access to our website, each Service and your account may be limited or unavailable during the peak time of requests or for other reasons.
- We do not guarantee that our website or Services or any of its content will always be available or not interrupted. We provide temporary access to the website. We may delay, withdraw, terminate or change all or any part of our website without notice. We will not be responsible to you if for any reason our website is not available at any time for any period.
- We do not guarantee that our Website is free from viruses or damages. You are responsible for configuring your own information technology, computer programs and platforms in order to.
- In using the Website and Services, you agree to:
Do not commit fraud that causes the party that provides the loan to you or the party who borrows from you or We experience a loss.
Do not post any material and data containing viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or other harmful or similar computer code, files or programs designed to interrupt, affect, damage or limit the functionality of any computer software or hardware or telecommunications equipment.
Do not access without authorization, hacking, blocking, interfering with, disabling, overloading or disturbing the work or proper display of the Website or Service, which includes but is not limited to denial-of-service attacks , spoof attacks, hacking sessions, reverse engineering interruptions, reprogramming, or utilizing any framing technique to attach any other content or proprietary information.
Do not post any personal information from any third parties on the Website, including but not limited to, address, telephone number, e-mail address, identity card number or social security and credit card number.
Do not use any content or information that will cause the violation of the rights of other third parties when you post, share, use or upload through the Website and Services.
Do not post or confirm the delivery of advertisements, requests, promotional materials, “junk mail”, “spam”, “chain letters”, unsolicited or illegal “pyramid schemes” or any other forms of request.
Do not use automated scripts, engage in the practice of “screen scraping”, “database scraping” or other activities for the purpose of obtaining approval or other information from the Website, Content and Services or for other purposes without our permissions.
Do not pretend to have an identity that is not your original identity or represent yourself that is not in accordance with your actual condition and identity.
Use internet connections and devices that are safe and reliable so that the security and smooth running of the Website and Services are not interrupted.
Keep registering and using 1 (one) account, except you have our permission first.
Do not circumvent or attempt to circumvent, any security from the Website.
Maintain the security of your account, including unique passwords, passwords and other unique information that is identical to your account and remain responsible for the use of accounts by people other than you.
- We have the right to deactivate your account at any time, if you have failed to comply with any provisions of this requirement.
- You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or the Services, which you provide to Aktivaku are non-confidential and belong to Aktivaku. We will have exclusive rights, including all intellectual property rights, and have the right to unlimited use and distribution of these Submissions for any commercial purpose or any other purposes, without acknowledgment or compensation to you.
- You may not abuse this Website because of any reason. You will not commit or support criminal acts, send or distribute viruses including Trojan horses, worms, logic bombs or transmit other harmful material on the Website, dangerous technology, violate trust or in any way that is offensive or harassing, enter every aspect of the Service, damage data cause interference to other users, violate the politeness of others, send unsolicited advertisements or promotional materials, or try to influence the performance or function of any computer facility or access to the entire Website. Every violation of this provision constitutes a criminal offense under Law Number 11 of 2008 concerning the Internet and Electronic Transactions (ITE) and its derivative regulations. Provided that this happens, we will report violations to the law enforcement authorities and take appropriate legal action.
- 29. Copyrights, patents, trademarks, registered designs and all intellectual property rights on the website, Services and Website Content, including but not limited to the copyrights in the combination of all User Content, are the property and are still the rights of Aktivaku.
- Aktivaku, graphic images, logos, designs, page headers, icons, posts and the names of services owned by Aktivaku (collectively called “Brand”) displayed on this website are the assets of Aktivaku and all Brands that are firmly protected by Aktivaku or the relevant third parties. Your access to and/or use of the website, website content and services cannot be considered as a giving, through implication, the prohibition of withdrawing an appointment (estoppel) or otherwise, any license or right to use any trademark on the website without prior written approval first from Aktivaku or the relevant third parties.
- You are not permitted to use any Brand without prior approval from Aktivaku or the third party. We aggressively use our intellectual property rights to the fullest extent permitted by law. The name Gradaba and other Brands cannot be used in any way, including in any advertisement or publicity, or as a hyperlink without prior written permission from Aktivaku.
- The domain name where the website is located is the absolute property of Aktivaku and you cannot use or adopt a similar name for your own use.
- Provided that you have the right to use the website, you are granted a limited license to access and use the website and to download or print copies of any part of the Website Content solely for your personal use in connection with the way you use the website, Website Content or Services, with the provision that you maintain all copyrights or other complete ownership notices. Our status (and that of each identified contributor) as the writer of the content on our website must always be acknowledged. However, you do not have to change the paper or digital copies of any materials that you have printed or downloaded in any way, and you do not have to use each illustration, photo, video or audio in sequence or graphic images separately from any accompanying texts.
- We can change the website and its content from time to time. Please note that the Content on our Website may expire and we have no responsibility to update the content.
- We do not guarantee that our content and website are free from errors and negligence.
- In providing Websites and Services, We strive and commit to remain subject to the applicable laws and regulations, including but not limited to Law Number 11 of 2008 concerning electronic transactions along with the derivative regulations and Law Number 8 of 1999 concerning Consumer Protection.
- We are not responsible for the legal relationship between the Borrower and the Loan Provider in the Credit Agreement, including but not limited to if you or other third parties incur losses arising from the Credit Agreement.
- We are not responsible if after the approval of the Borrower application, it turns out that in the future the Buyer fails to carry out its obligations under the Credit Agreement to the loan provider.
- Unavailability of access to and from the Website, Services, Content due to any reasons and causes.
- Unavailability of access to and from the Website, Services, Content due to any reasons and causes
- Failure of our system, network, server, connection performance, causing the unavailability of our Website and Services, whether intentional, or accidental, or as a result of the actions of third parties beyond our control.
- Improperness, deficiency, imperfection, suitability, inaccuracy, mistakes, incompleteness and errors of the Website, Services and Content.
- Loss of profits, opportunities or data arising from your use of the Website, Content, and Services.
- Adverse effects you experience as a result of accessing our Website and Services, including but not limited to loss of profits, business interruptions, and business opportunities.
- Any losses arising from Constraining Conditions.
- You agree to compensate and protect us from losses against all claims, obligations (including statutory obligations and obligations to third parties), costs, expenses, fines, fees (including but not limited to legal fees on full compensation), compensation, decisions and/or losses that We cause, including profits and opportunities (potential or actual) that can be taken from or lost, caused or arising from:
- Violation of the statements and guarantees mentioned above.
- Actions from the third parties that use your account which causes losses to us and/or other parties.
- Your negligence that causes losses from the third parties.
- We may unilaterally deactivate and close your account at any time, including to delete all your information, data and content, either temporarily or permanently without prior notice if we consider this to be necessary.
- In connection with termination, the Parties agree to waive Article 1266 and Article 1267 of the Civil Code.
- Terms and Conditions for Buyers and Loan Providers, which apply to your use of the Service as a registered User.
- You acknowledge that, in this Agreement, neither you nor we rely on any representation, conduct or promise given by another or implied by any words or written between you and us before the Agreement, unless clearly stated in the Agreement.
With regard to the Loan Facility, Prospective Loan Recipients and / or Loan Recipients with this provide approval and authority to the Provider to provide to other parties, including but not limited to affiliated parties, the Indonesian Joint Funding Fintech Association (AFPI) or other parties who work the same as the Operator, data and / or information of the Prospective Loan Recipient and / or Loan Recipient as allowed under the applicable laws and regulations for risk management purposes and / or other purposes deemed reasonable or necessary by the Provider.
- You cannot build a relationship that indicates any form of association, agreement or support from our side when it does not exist. You cannot build links to our website on any website that you do not have. The website that you connect through the link must comply with the Content Standards in all respects.
- We will not be blamed if there is a delay in fulfilling the obligations in this agreement caused by the Force Majeure.
- You agree not to claim any rights regarding the failure to carry out our obligations in this.
- You hereby agree to submit to non-exclusive jurisdiction of Indonesian courts.
- Terms and Conditions for Borrowers
- Terms and Conditions for Lenders
- Other agreements between us and you, if any
- Canceled so that the legality of one of the agreements mentioned above does not cause the cancellation of the other agreements.