I. These terms and conditions (the “Conditions”) form a legally binding contract (the “Agreement”) between SIMPAN PINJAM IDA WELAS RASA (IWR) and the Client (each as defined below). This Agreement will become effective when a Client creates an account on any Platforms provided by IWR.
II. An account holder cannot hold or make an Operative Account without accepting and agreeing to be bound by these terms and conditions. These Conditions will apply in addition to the general Terms and Conditions for using or creating an Operative Account with IWR.
I. All use of IWR’s services and products, and the terms of access and usage of any IWR’s Platform are dependent to the terms and conditions intimated here after. Access to or use of any IWR’s services or products by any Paavo Technologies Platform confirms the Client’s acceptance of, and agreement to abide and be bound by, these Conditions whether or not clearly being accepted. The Client, by creating an Operative Account, signing for any services or moreover using or availing any services or products from any IWR’s Platform, shall be considered to have read, understood and accepted to be held accountable to these terms and Conditions.
II. IWR may refurbish or make changes to these Conditions at any given time without prior notice by posting the renovated terms and conditions on its website or by updating the terms of its mobile application or other IWR’ Platforms. Such revised or updated terms and conditions shall become effective at the time they are published or uploaded on the IWR Platform, brought into notice that failure to receive such notifications shall not invalidate any such changes and would still render them applicable.
III. The Client is to be required to accept the revised or renovated terms and conditions in order to continue to use any services or products from IWR.
IV. If the Client does not accept or agree to be bound by these Conditions, IWR is to be entitled to:
(i) immediately terminate this Agreement,
(ii)Stop or suspend providing the Client further services,
(iii) deny the Client the access to the IWR’s Platform; and/or
(iv) exercise any other remedy it may consider meaningful to the situation. Such termination of this Agreement, discontinuation or suspension of any services or denial of access shall be without prejudice to all rights, titles and interests of IWR which have arisen or accrued against the Client prior to such action.
In this Agreement, the following capitalized terms shall have the meanings given to them as under (unless the context states otherwise);
I. “Applicable Laws” means all statutes, ordinances, regulations, rules or orders of any kind whatsoever of any Governmental or regulatory authority that may be in effect from time to time and applicable to the relevant activities contemplated by this Agreement.
II. “Payment due date” means that the date on which any amount of funds, including any, markup charges or other charges, costs, fees, processing fees and expenses, become due and payable by the Client to IWR.
III. “Finances” means any form of Finances permitted to be furnished by IWR in accordance with the terms of its license and the terms of any Applicable Laws, which may from time to time be made available by IWR wide a IWR Platform on such terms and amounts shall be determined by IWR in its complete discretion after a Client makes a formal application.
IV. “IWR” means the website, web portal, mobile application or any other platform through which IWR may cater Finances or its Services to its Clients.
V. “General Terms and Conditions” means the terms and conditions for creating, maintaining and using an Operative Account with IWR, such terms and conditions may be renovated or changed by IWR from time to time at their discretion.
VI. “Intellectual Property” means patents including reissues, divisions, continuations, extensions, utility models, registered and unregistered designs, copyrights, database rights, registered and unregistered trademarks, trade names and any other form of protection afforded by law to inventions, marks, models, designs, software, goodwill, trade secrets or information including technical or confidential information, in any form, and applications thereof, and shall include without bounds, any inventions, discoveries, formulas, know-how, processes, business methods, patents including reissues, divisions, continuations and extensions thereof, utility models, registered and unregistered designs, copyrights, database rights, registered and unregistered service marks, trademarks, trade names and any other form of protection afforded by law to inventions, marks, models, designs, software, source codes, software code regardless of its form, Client documentation, technical documentation, data, carriers of data and/or software, plans, goodwill, trade secrets or information including technical or unearthed private information, in any form, improvements and/or applications, and deprecated or future versions thereof.
VII. “Operative Account” means the account maintained by the Client with IWR for the purposes of availing any Finances or Services from IWR.
VIII. “Client” means any person who has registered and maintains an active Operative Account vide any IWR Platform (also referred to as “customer” or “you”).
IX. “Services” means any services availed by a Client from IWR other than the provision of any Finances.
X. “IWR” and the “Client” shall together be referred to as the "Parties" and where the context requires individually as a "Party".
I. Subject to your compliance with this Agreement, IWR grants the Client a restricted, non-exclusive, non-sub-licensable, revocable, non-transferrable license to: (i) access and use the IWR Platform on its personal device solely in connection with requesting or availing any Finances or Services; and (ii) access and use any content, information and related materials that may be made available through the IWR Platform, in each case solely for the Client’s personal, non-commercial use.
II. Any rights not willingly granted herein are reserved by IWR and IWR’s licensors.
III. The Client hereby confirms, agrees and acknowledges that all Intellectual Property rights in the IWR Platform, including know-how, software, source-code, information technology tools, artificial intelligence, and other technology used by IWR has been developed exclusively for IWR, its sponsors or affiliated companies or licensors. All rights in such IWR Platforms are expressly reserved.
IV. The Client hereby unconditionally and without reservation confirms that all rights, interests, titles and benefits in and to any Intellectual Property which is developed by or for IWR relating to the IWR Platform, is the sole and exclusive property of the IWR, its affiliates, sponsors or licensors, who are and shall remain, the sole legal and beneficial owner of such Intellectual Property. The Client shall have no rights to such Intellectual Property other than as a licensee with limited rights of use in accordance with these Conditions as permitted by IWR.
V. The Client may not access, copy, reverse engineer, modify or otherwise seek to replicate /copy or utilize any IWR Platform for any reasoning other than to avail any Finances or other Services in accordance with these Terms. A Client may not access any IWR software in source-code form failure to do so will lead to severe Legal consequences.
I. In order to avail any Finances or Services, or otherwise use any product of the IWR Platform, the Client must be at least at the age of eighteen (18) years old.
II. The Client agrees to furnish, and to maintain at all times, accurate, complete, and up-to-date information when creating an Operative Account and to ensure that the Client’s account remains active. A Client’s failure to maintain accurate, complete, and up-to-date Client information may result in such Client’s account being de-activated, suspended or terminated without prior notice. IWR shall be entitled to immediately terminate this Agreement with a Client if it finds the Client’s account information to be incorrect, incomplete or outdated.
III. The Client agrees that it shall at all times be responsible to maintain the security and secrecy of the Client’s account, username and password. The Client agrees and understands that it is responsible for all activity that occurs from/by the Client’s account, even as a result of loss, damage or theft of the device through which the Client uses the IWR Platform.
IV. The Client agrees that IWR may disclose details relating to the Finances or any other Services availed by the Client to any of its affiliates, business partners, employees, shareholders, agents, consultants, to any third party including credit bureaus, Official or governmental authorities, if in IWR’s opinion such disclosure is deemed to be necessary for reasons of investigating an application made to IWR, such third party or maintaining the Operative Account with IWR or in good faith belief that such disclosure is reasonably necessary to enforce this Agreement/Privacy Policy, to further assist in the prevention, detection, investigation and prosecution of criminal activities such as fraudulent a acts or for any other reasoning as IWR may deem rightful and necessary.
V. The Client accepts that IWR may disclose details relating to IWR including details of default/breach in providing the Operative Account to any third-party including credit bureaus for the reasoning of evaluating the Client's credit worthiness/history or for any other lawful reasoning. The Client hereby expressly consents and allows IWR to share personal data and file credit information to licensed credit bureaus, insurance companies, mobile financial service providers/banks and other partner companies of IWR.
I. IWR may refuse/reject to cater any applications submitted by a Client requesting the provision of any Finances including any roll-over of existing Finances availed by a Client or other Services without stating any reason. Nothing hereafter shall entitle or be deemed to allow the Client of any right, title or interest in or to any Finances or Services.
II. IWR makes no representation and provides no surety to any Client regarding the continued availability of any Finances or Services provided by IWR. All representations, warranties and other obligations and liabilities, whether express or implied, and whether arising under law, equity, statute or any other legal doctrine, in connection with the provision of any Finances or Services under these Conditions are hereby excluded and disregarded to the complete/full extent permitted by law.
I. The Client represents, warrants, undertakes and covenants with IWR that it shall repay on time, on or no later than the Payment due date, all amounts of funds due and payable by such Client to IWR in connection with any Finances or Services catered by IWR, or the use of the IWR Platform at any given time.
II. With respect to a Client’s use of the IWR Platform and availing any Finances or Services, the Client agrees, accepts and undertakes that it will not:
(i) Impersonate any person or entity;
(ii) Stalk, threaten, or otherwise harass any personality including other Clients making simultaneous use of the Service or engage in any other activity which may constitute a crime under the Prevention of Electronic Crimes Act, 2016 and will be prosecuted accordingly with severe consequences;
(iii) Violation of any law, statute, rule, permit, ordinance or regulation in Indonesia;
(iv) interfere with or disrupt the Services of the IWR Platform or the servers or networks connected to the IWR Platform by any means;
(v) post information or interact on the IWR Platform with regard to any Finances or Services offered by IWR in a manner which is false, inaccurate, misleading directly or indirectly or failure to update information, defamatory, libelous, abusive, obscene, profane, offensive, harassing, or illegal in event of such event statutory action would be applicable on it;
(vi) Use the IWR Platform for any sort of illegal activity, including money laundering, financing terrorist organizations or any other criminal or immoral activity;
(vii) Undertakes that any act which in any way infringes any of IWR’s rights, including but not restricted to intellectual property rights, copyright, patent, trademark, trade secret, other proprietary rights, rights of publicity or privacy;
(viii) post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy, limit the functionality of any coIWRter software , hardware, telecommunications equipment , surreptitiously intercept or expropriate any system, data or personal information;
(ix) forgery of headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the IWR Platform;
(x) “frame” or “mirror” any part of the IWR Platform, without our prior written authorization or use meta tags , code or other devices containing any reference to us in order to direct any person to any other web site for any reasoning whatsoever;
(xi) modify, adapt, translate, reverse engineer, decipher, decompile, change, alter, renovate, refurbish or otherwise disassemble any portion of the IWR Platform or any software used on or for the IWR Platform;
(xii) rent, lease, lend, sell, redistribute, license or sublicense the IWR Platform or access to any portion of the IWR Platform;
(xiii) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the IWR platforms or its contents;
(xiv) link directly or indirectly to any other web sites
(xv) transfer or sell your Operative Account, password and/or identification to any other party, Client or consumers;
(xvi) cause any third party to engage in the restricted activities above directly, indirectly, deliberately or in deliberately
I. The Client accepts to pay any and all amounts of funds, including fees, costs, charges, expenses, penalties or processing fees charged by IWR in consideration for catering any Financial or other Services. A general schedule of charges is set out on the mobile application and other IWR Platforms for further reference of the Client.
II. The Client hereby confirms that it has considered the charges, and other fees of IWR as specified in these Conditions and fully understands that failure to reimburse any amounts on their Payment due date shall result in additional charges, costs & fees to be incurred and payable by the Client. Failure to do so would lead to a breach/default.
III. In attachment to any other charges furnished to a Client by IWR or as set out on the mobile application and other IWR Platforms, the charges payable by a Client in connection to any Finances availed shall include:
•Markup charges on any payable arrears or rolled over Finances balance;
•Commitment fees, administrative processing fees, appraisal fees and other costs and charges related to the provision of any Finances;
•Processing fee payable in relation to any supplementary Services availed by a Client;
•In the event of default, all other costs, fees, charges and expenses bared by IWR in relevance with the recovery of any amounts not paid on their Payment due date are to be recovered from the Client.
IV. The charges payable by a specific Client for availing any Finances or Services shall be furnished to the Client via the IWR Platform at the time of the Finances or Services being offered to or availed by a Client.
V. The charges payable to IWR shall be intimated to the Client via display on the screen of the IWR Platform after the Client selects the type of Finances requested. Such charges shall be determined by IWR on the basis of individual risk profile, credit bureau scores, tenor and the amount of the Finances requested, against an application by a Client requesting provision of Finances or Services.
VI. All payments to be made by the Client to IWR under this Agreement shall be made in full without any set-off/discount or counter claim, free and clear of and without any deduction or withholding whatsoever. If a Client at any time is required under Applicable Laws to make any deduction or withholding from any payment to IWR, such Client shall immediately pay IWR the said additional amounts as will result in IWR receiving the full amount it would have received had no such deduction or withholding been required.
VII. All payments to be made by a Client in connection with these Conditions are calculated without regard to any taxes in relation with the repayment of any Finances or the provision of any Services. If any taxes are applicable in connection with repayment of any Finances funds or the provision of any Services to a Client, such Client must be liable to pay IWR such additional amount on account of the necessary applicable taxes to enable IWR to pay such taxes to the relevant tax authorities.
VIII. The Client hereby undertakes and agrees/acknowledges that IWR may at any time have the right to block/freeze any amounts held in a Client’s Operative Account on the instructions/orders of any tax, governmental or regulatory authority, in such an event IWR has reasonable grounds/right to believe that it must block or freeze such funds to comply with Applicable Laws, or if IWR considers that failure to block such amounts in a Client’s Operative Account will result in IWR incurring any potential legal liability.
I.In the event of a
(i) payment default by the Client; or
(ii) in reasonable circumstances, such as any other material breach by you of any of these terms, or your failure to comply with or warrant compliance with any terms of notice given to you by IWR, IWR reserves the right to cancel in full without notice. of funds provided to such Customer and requiring immediate and full repayment of any unpaid amounts owed by Customer to IWR under its operational account; Fees, charges, costs and fees are due immediately and failure to comply will result in severe legal action against the customer.
II. The Client shall also be held liable to pay all applicable reasonable costs, charges, attorney’s fees and expenses incurred by IWR in full in regard to enforcing its legal rights and the terms and conditions of this Agreement in process of recovering the funds from a defaulted Client.
III. Without prejudice to the aforesaid, failure from the Client to comply with these Conditions shall entitle IWR to take any one of more of the following actions:
•Immediate, temporary or permanent withdrawal, suspension or termination of the Client’s rights to use/access the IWR Platform;
•Initiation of legal proceedings against the Client, including proceedings for recovery and reimbursement of all costs including, but not restricted to, reasonable administrative and legal costs resulting from the breach/default;
•Disclosure of such information to law enforcement authorities as IWR deems necessary for the protection, enforcement and recovery of its legal rights and finances payable.
IV. During the occurrence and duration of any default by Customer, IWR may, at any time and without notice to Customer, irrevocably and unconditionally. Unpaid amounts payable to the maximum extent permitted by law. It is approved by the customer to collect by automatically issuing the amount of Debit instructions from one or more mobile wallet accounts held by IWR, its affiliates, or affiliated banks. without the need for further direction, approval or authorization from you;
I. You will at all times indemnify and hold IWR, its affiliates, partners, directors, employees and agents harmless from and against any and all claims, claims, demands, liabilities, losses, damages, costs, charges and expenses of any kind. I agree with you. All legal fees and expenses arising out of or relating to your use of the IWR Platform, including IWR shall be accessible to obtain payment of all monies due from you.
II. The indemnity herein shall remain valid, subsisting and binding upon the Client notwithstanding termination of this Agreement, and for a period of Three (3) years following such termination.
I. Each Client shall be granted an Operative Account wherein all transactions relating to the Client, including the provision of Finances or any other Services availed by the Client shall be maintained by IWR.
II. IWR shall maintain an account statement and an activity report for a Client’s Operative Account, which statement and report will be accessible from the Client’s IWR Platform. The statement of account shall contain details of the transactions carried out in a Client’s Operative Account up to a maximum limit to be determined and set by IWR.
III. Clients are responsible for checking their Operative Account statements from time to time and to bring into attention of IWR immediately in case of any transaction or other entry therein incorrectly entered or any transaction has been carried out contrary to the Client’s instructions if failure to do so within 15 Days of the occurrence of the incorrect transaction the redemption or correction would solely be under the discretion of IWR if it wills to correct or disregard it.
IV. IWR is hereby expressly authorized to correct any errors, omissions or other discrepancies in a Client’s Operative Account statement from time to time as per its discretion which a Client will be intimated of in case any corrections or rectifications are made by IWR to its Operative Account statement as soon as reasonably practical.
V. Clients will be notified periodically based on the mode chosen by Clients of all transactions made in their Operative Accounts in accordance with the notification provisions set out in these Conditions, and the Client shall be responsible for payment of all charges in connection with such value-added or supplementary Services if any are incurred.
VI. Save for a manifest error, an Operative Account statement maintained and issued by IWR shall be conclusive and deemed to be final and complete evidence of all transactions carried out a Client through its Operative Account.
I. In no event will IWR and/or any of its agents, employees, officers, parent company, affiliates, subsidiaries, successors, assigns, directors, and/or attorneys be liable to the Client for lost profits and/or punitive or exemplary incidental consequential, special and/or damages in any action arising out of , related to:
(i) this Agreement;
(ii) the rights granted hereunder;
(iii) any breach, termination, cancellation or non-renewal hereof;
(iv) the provision of any Finances or Services to the Client or its business; and/or
(v) any act, omission, error, mistake and/or other negligence of IWR.
II. The maximum amount of liability which IWR shall have towards any Client shall be limited to the fees, processing fees or other administrative and appraisal charges paid by the Client to IWR. In any event, such liability shall not exceed the sum of PKR 5,000/= in aggregate in respect of a Client. IWR shall not be liable/held responsible for any damages caused by failure or delay in providing any Finances or Services, or any periodic or recurring interruption of the same.
III. Without restricting the foregoing, neither IWR nor any of its affiliations makes any representation or warranty of any kind, express or implied:
(i) as to the continued operations or availability of the Finances or Service, or the information, content, and materials or products included thereon;
(ii) that the IWR Platform, or any Finances or Services offered thereunder, will be available uninterrupted or error-free;
(iii) as to the accuracy, reliability, or currency of any information or content provided through IWR Platform;
(iv) that the IWR Platform, its servers, the content, or e-mails sent from or on behalf of IWR shall be free of viruses, scripts, trojan horses, worms, malware, time-bombs or other harmful components.
I. IWR may at any time and without notice terminate / suspend this Agreement, cancel any of the Client’s right to utilize IWR Platform, or to continue to avail any Finances or Services, entirely or partly with or without affecting the Client's obligations under this Agreement.
II. The Client may terminate this Agreement at any time by deleting its Operative Account and removing the IWR Platform from its devices.
III. Any termination of this Agreement shall be without prejudice to any liabilities or obligations incurred by the Client prior to the date of termination. Termination by either the Client or IWR shall not affect the Client's obligations to meet and fulfill any liabilities incurred before such termination and shall be payable to IWR regardless of the termination.
IV. Termination of this Agreement by you will not be effective unless you repay the full amount of all funds owed by you and any other fees, costs, charges or other amounts owed to IWR at the time of termination and cancellation. Shall not. Effective until all outstanding debts under these terms are paid by you to her IWR. These terms will continue to apply until you repay any amounts owed upon termination.
I. This Agreement shall be governed by and construed in all respects under the laws of Indonesia
II. Any dispute, controversy, disagreement, disagreement or question that may arise between the parties, including the interpretation of the rights and obligations of either party, shall be governed by the Arbitration Act 1940 and all applicable rules under it shall be resolved by arbitration conducted in accordance with the rules of Arbitration shall be conducted by a single arbitrator as determined by agreement between the parties. The place of arbitration shall be city within Indonesia as IWR deems appropriate. The decision of such arbitrator shall be final and binding on both parties.
III. In case of any dispute, the Client must first submit any such complaints directly to the customer services department, contact details of which are available on the IWR website or the IWR Platform.
IV. Neither Party shall be entitled to commence or maintain an action in a court of law upon any matter in dispute until such matter shall have been submitted and determined as herein before provided and then only for the enforcement of the arbitration award or such matter as is permitted by law.
I. The Client may not assign or otherwise dispose of any of the Client's rights and obligations, in whole or in part, under this Agreement without IWR prior approval. IWR may transfer or assign its rights and obligations under this Agreement and such transfer or assignment shall be effective upon notification of the same to the Client.
II. Nothing herein shall create any joint venture, partnership, employment or agency relationship between any Client and IWR.
III. If any provision of this Agreement is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of this Agreement and shall be deleted, while the remainder of this Agreement’s legality, validity and enforceability of the other provisions shall remain in full force and effect according to its terms.
I. All communications to Customers under these Terms will be made via the short message system (SMS). A mobile phone number provided by you, or prepaid mail to your last known address, each waives IWR notice obligations under this Agreement. Further, any changes to these Terms or General Terms shall be deemed notified to Customer when updated on the IWR Platform or on his website.
II. The Client shall regularly update their address in the profile page of the IWR Mobile App or get it updated by calling the IWR Customer Support Center.