Terms and Conditions
Last Update on April 12, 2019
PT Kas Wagon Indonesia (the “Company”) is an information technology-based loan services provider accessible at: https://cashwagon.id/ (the “Website” or the “Platform”) providing, managing and operating the Website for its users.
By using the Website, you hereby totally and unconditionally acknowledge that you have read, understood, and agreed to be bound by all of the terms and conditions (the “Terms & Conditions”) below, whether or not you are a registered member of the Website.
1. Composition of the Terms & Conditions
These Terms & Conditions also include the following additional terms which shall apply to:
(b) Lender’s terms and conditions. Users of the Platform intending to act as lenders will be subject to accepting services agreement relating to money lending services on the Platform and lender’s terms and conditions. For avoidance of doubt, all such texts and documents will be easily accessible on the Website for such users;
(c) Borrower’s documentation. Users of the Platform intending to act as borrowers will be subject to accepting loan agreement establishing rights and obligations between particular lender and borrower.
2. Changes in the Terms & Conditions
The Terms & Conditions are subject to change from time to time unilaterally and without further notification. Any and all changes made are timely published on the Website following mandatory notification of all registered users of the Platform and will be effective as of the date specified in updated version of the Terms & Conditions and/or such notice, as applicable. Any further use of the Platform following publishing of an updated version of the Terms & Conditions shall be deemed as acceptance of an updated Terms & Conditions.
3. Coverage area
The Website is designed and construed to provide information technology-based financial services within the territory of the Republic of Indonesia. However, the Website is accessible and open for general use worldwide, therefore, the Website’s content is not tailored for such use outside of the Republic of Indonesia.
By completing registration within the Platform, whether as a lender or a borrower, you hereby represent and warrant that:
(a) information, declarations, documents, representations and warranties made, given or as evidenced by any documents submitted within the Platform are and will continue to be true, accurate and correct in all respects and will comply with applicable laws and regulations at all times;
(b) you have legal capacity and authority to be bound by a contract (private individuals must be at least 20 years old);
(c) in case acting as a borrower, you are a private individual with Indonesian citizenship and residing within the territory of the Republic of Indonesia;
(d) in case acting as a lender, only own money will be used to provide loans within the Platform pursuant to the Terms & Conditions and lender’s terms and conditions’; and
(e) prompt notification will be given to the Platform in case of change of one of the following details: residing address, phone number and email.
The Platform reserves its’ right to reject registration applications as a lender or as a borrower without any reason.
5. Use of the Website
Use of the Website requires stable and constant internet access, and may also require periodic hardware or software updates. Any and all fees and charges (including telecommunication fees, data etc.) payable in relation to usage of the Website shall be borne by its user.
The Website may only be used for a limited purpose indicate hereof. The Website may not be used for the following purposes:
(a) illegal or unlawful purposes;
(b) collecting and/or stealing data from the Website, including, inter alia, personal data of other users of the Website;
(c) affecting performance of the Website in any manner;
(d) disruption of the Website’s operations, including, but not limited to using special codes or software to manipulate or change functions available on the Website; and
(e) any other acts that may do harm to the Website’s infrastructure and its’ facilities.
The Website’s operating hours are subject to change following mandatory maintenance works on which all users will be duly informed beforehand.
Any and all instructions received from registered user’s account are deemed to be accurate and correct. However, the Platform reserves its’ right in sole and absolute discretion to suspend operations on your account if such instructions were not entirely clear, lack necessary information, your identity may not be identified, have grounds to be deemed as of an unlawful nature or if the account is projected to be compromised.
6. Lazada account
If applicable, by accepting these Terms & Conditions you manifest your agreement to provide an access to your personal account maintained by Lazada, an e-commerce platform accessible at: https://www.lazada.co.id (the “Personal Account”), by any act demonstrating your assent thereto, including clicking the button containing the words “Login to Lazada” or any similar syntax.
Performing authentication to the Personal Account on the website, you approve of that the Company will collect, save and process your personal data, including but not limited to, given name, surname, telephone number, email and delivery addresses, account statement, payment and order information and other information on transactions, stored in the Personal Account.
The Company will process personal data exclusively to make a decision for your loan application, identify and analyze your financial information, develop new services, different forms of marketing, internal statistics and analysis and to maintain customer relations. The Company will not use your personal data for any purposes or actions, different from making decision per your loan application form.
The Company hereby represents and warrants that it does and will not store your Personal Account credentials (user name and password).
In case of fraudulent entry and/or use of the service that is the result of your intent or gross negligence, the Company is not liable for damages that is a result thereof. If a third-party fraudulently obtains access, the Company may terminate the session immediately and take all necessary and appropriate actions under these terms and conditions and under applicable laws and regulations.
You are solely responsible for maintaining the confidentiality of your Personal Account log in details and are fully responsible for all activities that occur under your user name and password. You are fully responsible for any unauthorized use of your registered email address that may result in another person getting access to your user name and/or password.
You are liable and responsible for any unauthorized use of the service, even if you use any auto login feature.
7. Intellectual property rights
The Company owns or is duly licensed to use, as applicable, all intellectual copy rights on the Website, content and all publications thereon.
Any use of the Website or registration thereto may not be deemed as any legal grounds for transferring any kind of intellectual property rights or its licensing. Notwithstanding the purposes, all trademarks, names and visual and textual content may be used only following a prior written authorization by the Company.
The Company reserves its right to take any necessary legal actions and remedies related to any violation of section hereof.
If you use our features that allow you to upload any content into the Website, you are fully responsible for its content and you hereby represent and warrant that you have collected any and all necessary consents, permissions to discloser such information (including, but not limited to personal data and details of any third parties indicated by you).
The Company reserves its right in sole and absolute discretion to remove any information, documents or any other content uploaded through the Platform if such information, documents or any other content violates these Terms & Conditions or any other applicable laws, or which may infringe or compromise rights and obligations of any third parties. Such information, documents or any other content shall not:
(a) contain a defamatory, discriminative or insulting content;
(b) contain hate speeches, pornography or extortion/threatens content, gambling, violence, or misuse of narcotics, psychotropic substances or other addictive substances, or encourages public to commit violence or other unlawful acts;
(c) violate any intellectual property rights of any party;
(d) 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;
(e) give impression that the content originated from the Company (related to content is not from the Company); or
(f) violate legal obligations of any third parties, such as contractual obligations or confidentiality obligations.
By uploading any documents or content to the Website, you give the rights to use, copy, save, publish, reshape, and distribute the uploaded content to third parties of performing our rights and obligations to serve you as a digital information technology-based platform. You have the right to withdraw the uploaded documents or content at any time. However, any rights that you have granted to us as referred to above shall remain in force following such withdrawal unless specifically requested otherwise.
9. Limitation of responsibility
The Company provides, manages and operates the Platform between registered users. Lending relationships between lenders and borrowers are stipulated in the respective loan agreements executed by respective parties. The Company facilitates the needs and complaints of each registered users.
The Company may not provide any guarantee or security over any proceeds which may be obtained using the Platform. The Company shall bear no responsibility for any decisions taken by any registered users when using the Platform.
In case of breach of any above-mentioned representations or warranties, the Company shall be indemnified in any case.
The Website may contain typos, errors or omissions, and you hereby agree to waive us of any legal liability regarding such as typos error or the omissions.
By using the Website or the Platform, you hereby consent to extent permitted by law to indemnify and waive us, our directors, managers, officers, affiliates, agents, contractors, licensors, assigns of any claims arising out of your violating on these Terms & Conditions or your use of the services provided within the Platform or by our action as part of our investigation on alleged violation of these Terms & Conditions by you or as a result of the findings or decisions of investigation result.
You hereby acknowledge and agree that the Company reserves its right at its sole and absolute discretion to delete your account maintained within the Platform, restrict your access thereto and to terminate all relations with you upon occurrence of any reasonable belief of violation of the Terms & Conditions.
You can terminate the Terms & Conditions by giving us a prior written notice 7 (seven) business days prior to such termination provided that you have no outstanding loans (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 laws and regulations. After termination of the Terms & Conditions, the Company shall not be obliged to provide any access to information regarding previous activities within the Platform.
Article 1266 of Indonesian Civil Code is hereby marginalized and therefore, no court decision or arbitration is required to terminate the Terms & Conditions under this provision.
12. Communication and electronic document
By registering as a lender or borrower, you agree that all of communication between you and the Company in connection with the services provided through the Platform will be made with your contact detail contacts indicated upon registration as a user. The Company reserves the right to determine the most appropriate way of communication. The Company may also communicate with you by making certain publications on the Platform.
You agree to accept all of documents, notices and agreements sent by means of electronic channels through the Platform and acknowledge that such delivery shall be deemed valid and have the same legal force as physical delivery. All agreements, documents, notices and agreements sent by means of electronic channels through the Platform are executed electronically or with digital signatures and have the same legal force. Any approvals that you have provided electronically is legally binding on you as a service user.
The Website uses HTTP cookies 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.
14. Third party website link
The Website can, from time to time, contain links on third party’s websites that are beyond control of the Company. The Company shall not be responsible for any information, content of such other websites and may not guarantee protection and confidentiality of your information that you provide on such other websites.
You cannot transfer your rights and obligations under the Terms & Conditions to any other third party without our prior written consent. The Company may transfer its rights and obligations under the Terms & Conditions to any third parties without your consent.
If any provision of the Terms & Conditions becomes invalid, it shall not affect validity of other provisions of the Terms & Conditions.
Assignment of an obligation under the Terms & Conditions may only be done by expressly and in writing and signed by the party concerned.
These Terms & Conditions do not contain any provisions that may be deemed or constitute a partnership or joint venture between you and the Company.
The Terms & Conditions apply regardless of how you access to the Platform (including access through the Website or mobile application).
If you have any question related to the Terms & Conditions, please contact:
PT Kas Wagon Indonesia
Oleos 2 Building
Jl. Kebagusan 1 Kav.6, Jakarta 12520, Indonesia
Office hours: Monday to Friday, 09:00 till 18.00 WIB
16. Applicable law and dispute resolution
The Terms & Conditions and the matters governed therein shall be subject to the laws of Republic of Indonesia.
All disputes arising out of or related to the Terms & Conditions, the matters governed therein shall be resolved exclusively by arbitration.