Terms and Conditions

Last Update on March 23, 2018

PT Kas Wagon Indonesia (Company or our) is provided a Platform through https://cashwagon.id/ (Website) to facilitate a lending transaction conducted by our customers.

Please to read these terms and conditions carefully. If you visit our website, it means you accept and agree to these terms and conditions. If you don’t agree these terms and conditions, you have to stop to use this website and platform. We also recommend you to keep a copy of these terms and conditions for your reference in the future.

These terms and conditions are addressed to (a) registered user of platform, ie a lender and borrower, and (b) website visitor who are not registered user of platform. Some parts of these terms and conditons just can applies to lender or borrower (as we explained further in relevant section)

1. General requirements

These terms and condition also includes the following additional terms which also apply to:

  • (a) Our Privacy requirements, was explained that our work in collecting and managing your privacy information or about you by using the website, you accept and agree to our work and ensure that all of your information is correct.

  • (b) If you are a lender, when registering with us, you will be asked to agree with agreement on information technology-based money lending services which are we manage, among others, lender terms and conditions and how to lend money in the platform (Lender Terms and Conditions)

  • (c) If you are borrower, you will be asked to agree with agreement that managing your relation with a lender (Borrower agreements)

If there are different arrangements regarding the same between lender terms and conditions Or borrower agreements to the requirement bellow, then the applicable arrangements shall be the arrangements contained in lender terms and conditions or borrower agreements, as applicable.

2. Changes in terms and conditions

We can change these terms and conditons and the requirements or other policies that applicable time by time. Every changes will be announced in website and will be notified to registered user of platform, and will be effective as of the date specified in updated terms and conditons and/or such notice, as applicable. Access or your access continuity on website and/or platform after such an announcement and/or notice shall be deemed as your acceptance and agreement on updated terms and conditions.

Any time you want to use the website, please check the requirements to ensure that you understand on the applicable terms at that time.

3. Coverage services

Website aims to give service in the republic of Indonesia. However, website may be accessed by people who doesn’t live in the republic of Indonesia. We don’t warranty that content available in website is appropriate for use other than in the republic of Indonesia.

Coverage of lending service region that we provide in Platform is currently limited to the following territories within the republic of Indonesia (coverage area):

  • The capital city of Jakarta
  • District of Bogor, west java
  • Bogor city, west java
  • Depok city, west java
  • District of Bekasi, west java
  • Bekasi city, west java
  • District of Tangerang, banten
  • Tangerang city, banten
  • City of South Tangerang, banten

3. Registering

By registering as our lender or borrower, you hereby agree and confirm that:

  • (a) All of information you provide is correct, accurate and complete, and you are the party who has been provided your information to us;
  • (b) You have legal capacity to contract with us:
    • if you are an individual, you have to be aged at least 20 years old and have ability to take responsibility on your act.
    • special to a lender, if you are a legal entity, business entity, or an institution, you have authority to act on behalf of legal entity, business entity or institution.
  • (c) for a borrower, you ara an individual who is a citizen of republic of Indonesia and is domocilied in the coverage of territories:
  • (d) You will only use the platform to lend your money as provided in these terms and conditions and also lender terms and conditions
  • (e) You have provided your current address, phone number, and email address, and you will notify us of any changes to any of the following; and
  • (f) You agree with us, at anytime, to take reasonable and necessary action to check the accuracy information that you provide through a third party.

We have rights to reject your registering application as a lender or borrower in the platform without any reason.

Please to read our privacy policy carefully before finishing your registration in the platform. Our privacy policy is managing how to use your privacy information that has been provided to us on registering, includes how to check your credit status and your identity.

You hereby consent that any instruction we receive under your account in the platform are correct as instruction that made by you. However, we have rights to not carry out to the instruction if we believe, as reasonable that the instruction is not clear or have related to unlawful activity or the instruction is not made by you, or if we can not check your identity correctness when the instruction has made.

5. Use of website

Use of website and platform requires you to use matching hardware and software and internet access, and may also require periodic hardware or software updates. You agree that the fulfillment of these terms, which can have changed time by time is your responsibility. You are also responsible for any fees and charges that you pay to such use, including telecommunication fees, data, etc.

You can not use website and platform for purposes other than those we have set. You represent and warrant that you will not use website and platform to do the following:

  • (a) use website and platform for illegal purpose or unlawful.
  • (b) collect and/or take data on website or platform
  • (c) access website in illegal or unlawful
  • (d) change performance of website or platform with anyway
  • (e) use website or platform with disrupting the operation including use a code or software to manipulate or changing the function available in website or platform; and
  • (f) Do anything else that can harm us and facilities in website and platform

We can change our way in website and platform operating time by time. We will take reasonable action to ensure that you are aware on significant changes in website and platform.

We use third party service providers and hos partners to provide the hardware, software, network storing and related technologies that necessary to provide our services to you. You are responsible for taking the necessary precautions to protect yourself and your computer system from viruses, worm, trojan horses and other harmful or destructive content.

6. Intellectual copy rights

We are the owner or licensees, as applicable, fol all of intellectual copy rights in website, platform, content, and all of publication in the website or platform (HKI).

Use of website by you or your registering as a lender or borrower can not be considered a HKI transfer or licensing or rights to use HKI without our agreements or relevant third party previously. Use of HKI, including our name and trademark, for any purpose, including advertising, shall be our prior approval.

Domain name of website is our rights and you can not use this domain name in website or digital platform without our prior approval.

You can make a copy print and download anypart of website for your personal use. However, you can not changing the copy and can not separating the illustrations, photos, videos, audio or graphs from the accompanying text. Our status or any contributors indetified as creators of relevant content in the website must always be acknowledged. If you print, copy or download any portion of the website by violating the terms and conditions, your rights to use the website expires immediately and you have to, at our option, refund or destroy any copies that you have made.

We have rights to take any legal remedy that related to your violated on HKI as provided by applicable regulation.

7. Сontent

If you use our feature that allows you to upload the content into website or platform, you are responsible fully on the content. You are warranting us that your uploaded content is in conformity with these terms and conditions, and you are liable to us and will indemnify us if such warranties prove to be false.

You understand and agree that we have rights, but not obligation, under our discretion, to review and remove without notice to any content that you upload into the Website or Platform including any content that our discretion is in violation of these Terms and Conditions or the law applicable, or which may infringe or compromise the rights and security of others. This includes but is not limited to restrictions on uploading content that:

  • containing a defamatory content, or insulting, or discriminative based on a group, ethnic, religion, race, class, nationality, disability, sexual or age, or containing hate speech or pornography content, or exortion/threatens content, gambling, violence, or misuse of narcotics, psychotropic substances or other addictive substances, or encourages public to commit violence or other unlawful acts;
  • violating rights on another intellectual copy right
  • has a tendency to cheat others or use as a mask to be someone else or to describe your identity or your affiliate with anyone through illegal;
  • gives impression that the content originated from us (related to content is not from us); or
  • Violating to third parties legal obligations, such as contractual obligation or confidentiality obligation.

We also have rights to disclose your identity to any third party was claiming or alleging that your uploaded content into website or platform is violation of intelectuall copy rights or violation of privacy.

You still have copy rights on your uploaded content, but, by using the platform, you already give us the rights to use, copy, save, publish, reshape, and distribute content that you upload to third parties for purposes such as marketing or promotion or in connection with the use of services in platform. You have rights to withdraw the content that you upload at anytime. However, any rights that you have granted to us as referred to above remain applicable.

8. Limitation of responsibility

The company is platform provider that facilitates lending service between registered users. A lending relationship between lender and borrower was organizing in the loan agreement that agreed by third parties. Our responsibility is to facilitate the needs and complaints of each registered users.

Company don’t give promise, statement and guarantee on any proceeds which maybe obtained through the use of this platform. Any decision taken by registered users in using the platform are entirely the decisions of registered users.

Website and platform can be containing typos error or omissions and you agree to waive us of any legal liability regarding such as typos error or the omissions.

9. Сompensation

By using website or platform, you hereby consent to extent permitted by law to indemnify and waive us, our directors, managers, officers, affiliates, agents, contractors, licencors, assigns of any claims arising out of your violating on these terms and conditions or your use of service on platform or by our action as part of our investigation on alleged violation of these terms and conditions by you or as a result of the findings or decisions of investigation result.

10. Termination

If we believe in reasonable and reasonably, that you have violated these terms and conditions or applicable rules, so we have rights, at anytime, to delete your account on platform, restrict your access on platform, and terminate your service. You hereby understand and agree that any lose caused by account deletion and/or access restriction are your responsibility.

You can terminate these terms and conditions by giving us prior written notice (seven) working days, provided that you have no outstanding loan (if you are a borrower) or unpaid receivables (if you are a lender). Especially for a lender, at the time of termination, the loan funds that you have provided will be returned according to the applicable law. After termination of these terms and conditions, we don’t have obliged to provide you, access any information regarding to your activities in platform.

Article 1266 code of civil law is hereby marginalized and therefore, no court decision or arbitration is required to terminate these terms and conditions under this provision.

11. Communication and electronic document

By registering as a lender or borrower, you agree that all of communication between you and us in connection with the service provided through platform are made with your detail contact that registered to us, and we have discretion to determine the most appropriate of communication. We may also communicate with you through publication in platform.

You agree to accept all of documents, notices, and agreements through electronic aristing of use platform and related service. All of your agreements on documents, notices and agreements through electronic aristing of use platform and related service is provided with electronically or through electronic signatures. Any approval that you have provided electronically is binding on you as a service user.

12. Use of cookies and others similiar technology

Cookies is a small information file written and stored in your electronic device by website that you visited, so the website can identify you for next visits. Cookies are used for several things, such as to store your preferences, for example to choose the language, so you don’t need to fill the same information each time you visit a website, to know your visit patterns, to improve the performance of the website, and to evaluate our marketing efforts effectiveness

You can arrange to block or not enable cookies or other similar technology by making appropriate arrangements in your electronic devices or browsers.

13. Third party website link

The website can, time by time, contain links on third party website that are not within our control. After you leave the website, we are not responsible to the content of other website or to protection and confidentiality information that you provide in another websites. Each website will have its own privacy policy and terms and conditions. We are not responsible for such policies and terms and conditions. Please check the privacy policies and terms and conditions when you visit them and before you convey personal information to them.

14. Other things

You can not transfer your rights and obligations under these terms and conditions to other without our consent. Basically, we can transfer our rights and obligation based on these terms and conditions to others without your consent. However, if the agreement is required under applicable law, you hereby agree to not give the agreement without reason.

If any provisions of these terms and conditions is no longer applicable, this invalidity will not affect to other applicable provisions of these terms and conditions.

Assignment of an obligation under these terms and conditions may only be done by expressly and in writing and signed by the party concerned.

There not any requirements in these terms and conditions may be deemed arising out to constitute a partnership or joint venture capital between you and company.

These terms and conditions apply regardless of how your access to platform (including access through website or mobile application)

If you have any question related to these terms and conditions, please contact:

Customer services
PT Kas Wagon Indonesia
Oleos 2 Building
Jl. Kebagusan 1 Kav.6, Jakarta 12520, Indonesia
Phone: +6280615179
Email:
Office hours: Monday till Friday, 09:00 till 18.00 WIB

15. Applicable law and dispute resolution

These terms and conditions and the matters governed therein shall be subject to the laws of republic of Indonesia

All disputes arising out of or related to these terms and conditions, the matters governed therein, and lending service in platform, are resolved exclusively by arbitration. The place of arbitration is in Jakarta through Indonesia National Arbitration Board (BANI) was established in 1977 and is located at Wahana Graha Lt.2, Jl. Mampang Prapatan No.2, South Jakarta 12769, Indonesia and BANI arbitration rules apply to arbitration procedure.