TERMS AND CONDITIONS FOR THE USER OF ONOFF INSURANCE APPLICATION
Welcome to https://www.onoff.insure website and/or Onoff Insurance mobile application. Please read this Terms and Conditions carefully. This Terms and Conditions regulates the usage and access of Platform (as defined below) and the usage of Service (as defined below). By accessing this Platform and/or using the Service, you agree to be bound by this Terms and Conditions. If you do not agree, then please refrain from/stop accessing and or using this Platform or Service.
Access to a password and the usage of a protected password in the Platform and/or the usage of Services, is limited only to a Customer owning an account. You are not allowed to obtain or attempt to obtain illegal access to the Platform and/or Services information area, or other protected information area, in any way without a specific usage permit from us. Violation of these terms is a violation against the laws of the Republic of Indonesia and/or applicable laws and regulations.
If you are under 21 (twenty one) years old, you shall obtain acceptance or approval from your parents or guardian to this Terms and Conditions, as well as their approval to be liable on:
- your action;
- fees related to each of Service or purchase of Insurance Product;
- your acceptance and compliance in accordance with this Terms and Conditions.
If you have no permit from your parents or guardian, you shall refrain from using/accessing this Platform and shall refrain from using this Service.
- DEFINITIONS AND INTERPRETATIONS
- 1.1. Kecuali konteksnya menentukan lain, ungkapan di bawah akan memiliki arti sebagai berikut dalam Syarat dan Ketentuan ini:
- contains computer virus or other harmful or damaging codes, program or macro;
- violates our or third-party Intellectual Property Rights or other rights of ownership; or
- slanders or threatens; or
- is obscene, pornography, indecent, false, fraud, theft, dangerous or illegal according to the applicable laws and regulations, and/or inappropriate content according to our opinion.
- websites and/or mobile phone version of the websites operates and/or owned by UBI Solutions that currently is located at the following URL: http://www.onoff. insure/; and
- mobile phone application made from time to time by UBI Solutions, including on the mobile phone operating system of iOS and Android.
- 1.2. Interpretation
- the headings and underlining are for convenience only and do not affect the interpretation of this Terms and Conditions and shall be ignored in construing this Terms and Conditions;
- all references herein to any Party, where the context permits, shall be deemed to refer to its successors, permitted transferees, permitted assigns;
- any words denoting a natural person include any corporation or other body corporate or unincorporated, partnership, association, public authority, two or more Persons having a joint or common interest, or any other legal or commercial entity or undertaking and vice versa (including the person’s executors, administrators, successors, substitutes, transferees and permitted assigns);
- any words denoting any gender shall include all genders and words denoting the singular shall include the plural and vice versa;
- unless otherwise specified, all references to clauses, exhibits, schedules and annexes are to articles, exhibits, schedules and annexes to, this Terms and Conditions, which articles, exhibits, schedules and annexes form an integral and inseparable part to this Terms and Conditions;
- if a payment or other act must be made or done on a day which is not a Business Day, then it must be made or done on the next following Business Day;
- a warranty, representation, covenant, liability, obligation or agreement given or entered into by more than one person binds them jointly and severally;
- references to "USD" or "US$" or "Dollars" or "United States Dollars" aare references to the lawful currency of the United States of America;
- references to "IDR" or "Rp" or "Rupiah" are references to the lawful currency of the Republic of Indonesia;
- the term "include" shall not in any way be construed as being by way of limitation and any words specified after the word "include" or its other grammatical forms shall not limit what else is included unless the contrary intention is expressly stated;
- the term "month" in relation to any transaction documents related hereto, means a period of one or more "month(s)" ending on the day in the relevant calendar month numerically corresponding to the day of the calendar month on which the period started (the "Numerically Corresponding Day"), but:
- on the Business Day following the Numerically Corresponding Day if the Numerically Corresponding Day is not a Business Day or, if there is no later Business Day in the relevant calendar month, on the Business Day preceding the Numerically Corresponding Day; or
- on the last Business Day in the relevant calendar month, if the last calendar month of the period has no Numerically Corresponding Day.
- GENERAL USAGE OF SERVICE AND/OR ACCESS OF PLATFORM
- 2.1. Guidelines on the usage of Platform and/or Service
- 2.2. Prohibited activities
- pretend as other person/entity, or give false statement, or claim to be another person or certain group;
- use the Platform or Service for illegal purpose;
- attempt to obtain illegal access or disturb the computer or network system connected to the Platform or Service;
- announce, promote or send any Prohibited Materials by way of Platform or Service;
- disturb the utilisation and usage of Platform or Service;
- use or upload software or any material containing or suspected to be containing virus, damaging components, dangerous source code or component, by any way that may damage, cause damage to the Platform, disturb the operation of the Customer’s computer, mobile phone device, Platform or Service; and
- use the Platform or Service outside the rules or policies on the usage of connected computer network, each applicable Internet standard and other applicable laws.
- 2.3. The availability of Platform and Service
- 2.4. We are entitled to, but not obligated to:
- monitor, filter or control on each activity, content or material on the Platform and/or Service. We may, at our own discretion, investigate each violation to this Terms and Conditions and take any action that we deem to be appropriate or accurate;
- prevent or limit Customer’s access to the Platform and/or Service;
- report any activity suspected to be in violation to the applicable laws and regulations to the relevant authorities as well as cooperate with such authorities; and/or
- request information and data from you in connection with the usage of Service and/or access to the Platform at any time, and as the implementation of our prerogative, if you refuse to provide/disclose such information /data, or if you provide inaccurate or misleading information, or if you conduct data and/or information fraud, or if we have reasonable evidence to suspect that you have provided inaccurate or misleading information or if you conduct data and/or information fraud, we may prevent or limit your access to the Platform and/or Service.
- 2.6. Other provisions
- USAGE OF SERVICE AND PAYMENT
- 3.1. Implementation of this Clause
- 3.2. Limitation
- The usage of Services is limited to those Customers who are able to enter into an agreement and bind themselves in accordance with the applicable laws and regulations. Customers who infringe on the listed terms and conditions as well as the Customers who are terminated or suspended from using the Services shall not be allowed to use the Services even if they fulfil this Clause 3.2.
- UBI Solutions shall not be responsible for the terms and conditions of the Insurance Policy, as agreed between you and the Insurance Product Provider. This Platform, as operated by UBI Solutions, only enables you to access and activate the insurance protection that is provided in the Insurance Policy by the Insurance Product Provider.
- 3.3. General conditions on usage
- always access and or use the Service only for the purpose not prohibited by the applicable laws or contravening with decency or public policy and with legal means and subsequently agrees to conduct activities related to the Service in good faith; and
- ensure that every information or data that you provide, announce, send or appear in the Platform in relation to the Service are accurate, and you agree to be responsible on the validity of such information and data.
- 3.4. Scope of protection of the Insurance Product
- Protection to the risk provided in the Insurance Product will only cover the matters that you have agreed to in the Insurance Policy, which will be further regulated in the respective Insurance Policy.
- The Insurance Product will provide protection against any risks suffered by the Customers over its vehicles if you turn on the protection option on the Platform, in accordance with the Insurance Policy. If the protection option is not turned on, the protection provided against any risks over Customers’s vehicles is limited to certain risks listed in the Insurance Policy.
- 3.5. Insurance Product Description
- 3.6. Payment Method
- You may only pay for the Insurance Product only by using Shields, which you acquire by paying for such Shields. If you place an order on an Insurance Product, the actual payment will only be subjected to the premium that shall be paid in accordance with the relevant Insurance Policy. We use third party services to process the payment. You agree that such third-party appointed by UBI Solutions shall be entitled to collect payment from you. Every payment method to the third-party appointed by UBI Solutions to obtain Shields, including but not limited to bank transfer, credit card, virtual account etc., the Customers shall be subject to the provisions in this Terms and Conditions.
- To ensure the transaction security, for the interest of the Customers and UBI Solutions as the Platform provider, UBI Solutions shall be entitled to request additional information to the Customers to verify the payment on the ordered Insurance Product.
- The Customers shall comply with the applicable provisions on the payment method. UBI Solutions may amend, add, terminate or suspend the payment method with Shields. Before such occurrence, UBI Solutions shall publish such amendment, addition, termination or suspension by way of an announcement in the Platform so that it may be acknowledged by the Customers.
- If the Customers fail to pay in accordance with this Terms and Conditions or the relevant Insurance Policy, and/or the payment is not carried out or terminated by the Customers and/or the payment cannot be verified by the third-party appointed by UBI Solutions who will receive the payment, without prejudice to the available rights or remedies, UBI Solutions shall be entitled to terminate or suspend the Service in the Platform until the payment on the relevant Insurance Product has been verified and/or fully paid.
- 3.7. Shields Refund
- All Shields refund that has been purchased by the Customers shall be paid to the person who originally made the original payment, and the refund shall be carried out by bank transfer to the bank account of the relevant individual Customer, provided that the detail of the bank account has been fully and accurately provided to us.
- We shall not provide any warranty in the time accuracy of the refund to your bank account. The payment process may require time and subject to the provisions in the payment system of the third-party receiving the payment appointed by UBI Solutions.
- All payments related to the refund process subjected to the third-party appointed by UBI Solutions shall be borne by UBI Solutions.
- We shall be entitled to amend the refund mechanism without any prior obligation to notify you.
- 3.8. Registered Price
- CUSTOMERS’ ACCOUNT
- 4.1. Username and Password
- Certain Services available at the Platform requires you to make an account or provide your Personal Data.
If you wish to make an Onoff Insurance account, the Username and Password may be:
- determined or provided by us to you; or
- determined or provided by you and accepted by us in accordance with our absolute policy in relation to the usage of Service and/or access to the relevant Platform.
- We may, at any based on our own policy, request you to renew your Personal Data or may terminate you Username and/or Password without any prior notification and are not responsible to any Losses (if any) suffered by you, or caused by you, or arise due to the termination, or in relation to such termination, or based on the reason for the request of such termination or such termination itself.
- You hereby agree to change/renew your Password periodically and to keep your Username and Password confidential, and you are responsible or the security of your own account and any disclosure or usage (whether under your permit or not) or your Username and/or Password.
- You shall inform us immediately if you know or have reasonable suspicion that the confidentiality of your Username and/or Password is disclosed or if the illegal usage/access of your Username and/or Password occurs or if your Personal Data requires an update.
- 4.2. Acknowledgement of The Usage or Access
You agree and acknowledge that every usage of Service and/or access to the Platform and every information, data and communication that use your Username and Password shall be deemed as:
- access to the Platform and/or usage of the Service by you; or
- announcement, disclosure, information, data or communication validly issued by you.
- You hereby agree to be subject to the provisions on the Acknowledgement of The Usage or Access (whether under your permit or not) and you agree that we are entitled but not obligated to deem that the usage of your Username and/or Password are conducted by you, so long as there is no prior report on the illegal usage on your account that has been evidenced, and entitled to conclude that such usage or activities is conducted or sent by you, and as such entitled to demand your responsibilities.
- You subsequently agree and acknowledge that you are fully bound and responsible to indemnify every loss that arise due to every usage of each Service and/or access to the Platform using your Username and Password.
- INTELLECTUAL PROPERTY RIGHTS
- 5.1. Ownership
- 5.2. Limited Use
- 5.3. No licensing of Trademark
- LIMITATION TO OUR RESPONSIBILITY AND OBLIGATION
- 6.1. No Representations or Warranties
- 6.2. Notwithstanding other applicable provisions, we do not warrant the following:
- Accuracy, timely, sufficiency, commercial value or the completeness of all data and/or information in the Platform or Service;
- That every Platform and Service shall always be available without interference, uninterrupted, secure or free from any injury, or that every defect found shall immediately be remedied;
- That the Platform or Service shall always be free from any computer virus or any other harmful code; and
- The safety of any information provided by you or for you through the Platform or Service, and you hereby accept risk that any information sent or accepted through the Service or Platform may be accessed by illegal third party and/or disclosed by us or any of our officer, employee or agent to the third party who claims to be you or claim to have act under your permission. Transmission by the Internet and electronic mail may be interfered, blackout transmission, delay transmission due to faulty internet traffic or data transmission due to the public nature of the internet.
- 6.3. Exclusion of responsibility
- your dependability (reliance) on data or information provided in the Platform and/or through the Services. You are not supposed to act only in reliance on the data or information without prior independent verification;
- system, server or connection failure, fault, negligence, disturbance, transmission delay, computer virus or dangerous, harmful or other damaging source code, program agent or macro; and
- your usage or access to other websites or web page which is linked in or with the Platform, including if we or our officers or agents or employees have been notified, or may have anticipated such Losses to happen, or any other similar possibilities.
- 6.4. Your Own Risk
- LINK, WARNING AND ADVERTISEMENT
- 7.1. Link
- 7.2. Advertisement
- YOUR SUBMISSION AND INFORMATION
- 8.1. Your Submission
- 8.2. Permit to Receive Email
You approve and authorise our usage on all information provided by you (including Personal Data) for the purpose of sending information and promotional emails to you. Your approval to this Clause 8.2 shall also be your approval for your protection from spam (whether in Indonesia or other places). You may choose to not receive promotional emails by pressing the link provided in the promotional email to declare that you will stop subscribing to promotional emails.
- 9.1. Termination by Us
- 9.2. Termination by You
- 9.3. Waiver
- 10.1. Notification by Us
- communicated by way of a printed or electronic media that we send on a certain publication or broadcast date that we previously choose; or
- sent by way of post or delivered to your latest address and shall be deemed as accepted by you on such delivery date or on the date of acceptance.
- 10.2. Notification by You
- 10.3. Other Media
- 11.1. Cumulative Rights and Remedies
- 11.2. Governing Language
- 11.3. No Waiver
- 11.4. Severability
- 11.5. Third Party Rights
- 11.6. Governing Law
- 11.7. Legal Assistance
- 11.8. Amendments
- 11.9. Error Corrections
- 11.10. Currency
- 11.11. Entire Agreement
- 11.12. Transfer
- 11.13. Force Majeure
"You" refers to Customers, buyers, and/or individual above 21 (twenty-one) years old or below 21 (twenty-one) years old but with legal representation and/or supervision of their parents or legal guardian.
"Personal Data" means any data, whether true or not, which may be used to identify, connect with, or search you. Personal Data may include name, email address, billing address, delivery address, telephone number and credit card information. Personal Data shall include every data that you provide us when you order Insurance Product.
"Registered Price" shall mean the price of Insurance Product listed to be sold to the Customer, as listed in the Platform.
"Business Day" means day (which does not include Saturday, Sunday and National Holiday of the Republic of Indonesia) at which banks are open for business in Indonesia.
"Intellectual Property”" means all copyrights, patent, utility innovation, trademarks and service marks, geographic indication, domain name, design layout rights, registered design, design rights, database rights, trade or business name, right to protect business secret and information confidentiality, rights to protect goodwill and reputation, and all similar or related rights of ownership and all similar application, whether currently existing or will exist in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to claim, remedy and assistance or other solutions for each violations in the past, present or future, misuse or violation of those rights above.
"Losses" means all penalty, losses, settlement amount, fees (including legal and lawyers’ fee), disbursements cost, action, process, claim, demand or other obligations that may be expected or not.
"Services" means every services, information and function provided by UBI Solutions in the Platform.
"Probihited Material" means every information, graphs, picture, data and/or other materials which:
"Trademark" means trademark, service mark, trade name and logo used and displayed in the Platform.
"OJK" means the Financial Services Authority of the Republic of Indonesia.
"Password" refers to valid password owned by the Customers that own Onoff Insurance account that may be used with Username to access relevant Platform and/or Services.
"Customers" means legal buyer and/or user of the Platform and/or Services.
"Insurance Product Provider" means the party which provides Insurance Product to UBI Solutions, which in this case is PT Asuransi Artarindo.
"Insurance Policy" means the agreement between the Insurance Product Provider and Customers on the Insurance Product.
"Insurance Product" means every insurance product that UBI Solutions is selling to the Customers and obtained from Insurance Product Provider.
"Shields" means electronic money used to pay the Insurance Product.
"Terms and Conditions" means this terms and conditions which regulates the usage of Platform and/or Services.
"UBI Solutions" "we", "us", or "our" refers to PT UBI Solutions Indonesia, a limited liability company established under the laws of the Republic of Indonesia, domiciled at Menara Prima, Level 9, Jalan DR. Ide Anak Agung Gde Agung, RT/RW 5/2, Kuningan Timur, Setiabudi, Jakarta Selatan 12950.
"Username" refers to the unique log in identification name or code which identifies Customers that own an account in Onoff Insurance.
In this Terms and Conditions, unless the context otherwise requires:
You agree to comply to each, and all the guidelines, notification, operational rules, policy and instruction related to the usage of Service and/or access to the Platform, as well as any amendments, that we issue from time to time. We are entitled to revise guidelines, notifications, operational rules, policy and instruction from time to time and you are deemed to be aware and comply with each of those amendments above after notifications or publications on such amendments in the Platform, or notifications in other media.
You agree not to:
We may expand, modify, suspend, terminate or delete all or part of the Platform or Service, without any reason or prior notification, and will not be liable if such expansion, modification, suspension, termination or deletion prevents you from accessing the Platform or other part of the Service.
Your usage of certain features of the Services may be subject to more specific and comprehensive terms and conditions from us or other appointed third-party, and such terms and conditions will be provided to you when you access such features. You are advised to inspect the applicable terms and conditions of such feature (if any) to determine the guidelines and prohibitions on its usage.
Other than this Terms and Conditions, the provisions in this Clause 3 constitute the additional specific provisions applicable to your usage of the Service.
You hereby agree to:
We always try to provide accurate description of the Insurance Product based on the information we obtain from the Insurance Product Provider, so long as it is required by the OJK, yet we are not responsible on the guarantee that such description outside the Platform is accurate, actual, or free from any mistakes.
Every Registered Price shall include Value Added Tax, other than the non-taxable seller. We are entitled to change the Price List at any time with prior notification.
Intellectual Property in or of the Platform as well as of each of the Service is owned, licensed, or controlled by us, our licensor or our service provider. We are entitled, by law, to maintain our Intellectual Property.
No part of the Platform or Service may be reproduced, engineered, decompiled, disassembled, separated, amended, distributed, republished, displayed, aired, hyperlinked, reflected, mirrored, framed, transferred or sent in any way or retain/installed in a search engine system or installed in a server, system, or appliances, without prior written approval from us or from the relevant Intellectual Property owner. In accordance with Clause 5.3, permit will only be given to you to download, print or use the Intellectual Property for personal and non-commercial use, provided that you do not change our or other relevant owner’s Intellectual Property, which holds every/each Intellectual Property in the Platform or Service.
Nothing in the Platform, Service and this Terms and Conditions that may be interpreted as granting, whether directly or indirectly, or be interpreted as licensing or right to use (including on links to other website) each Trademark displayed in the Service, without prior written approval from us or from the owner of such Trademark.
All data and/or information contained in the Platform or Services provided is merely intended as information. UBI Solutions shall not in any way warrant the merchantability, satisfactory quality or suitability with certain purpose of any products stipulated in the Platform or Services, or warrant the non-infringement of third-party rights in operating the Platform or Services.
We are not responsible to you for any Losses from any cause (or in any form) which directly or indirectly arise in relation to:
Every risk of misunderstanding, fault, damage, costs or Losses caused by the usage of Platform, is fully for your own account and we are not responsible for such risks.
For your convenience, we may include links to other sites or content on the internet owned or operated by third-parties. Such linked sites or content, which are not under our control, shall not be our responsibility for every fault, negligence, delay, defamation, libel, falsehood, obscenity, pornography, indecency, inaccuracy, or other content which contained in the material, or the consequences of accessing, every related sites. Each link or content to other sites shall not be interpreted as endorsement or verification of such sites or content, and you agree that your access or usage of such linked sites and content shall fully be your own risk.
We may append banners, java applet and/or other similar material in the Platform for the purpose of advertisement of a third party’s product/service. For the avoidance of doubt, you shall have no rights to obtain payment, fee and/or commission in relation to such other advertisement or promotional material.
You hereby agree to grant us non-exclusive permission/licence to use material or information that you send to the Platform and/or provided to us, including but not limited to questions, reviews, comments, and suggestions (collectively referred to as “Submissions”). When you submit your Submissions, you also give us the right to use your displayed name or Username in relation to such other questions, reviews, comments, or suggestions. You shall not use a false email address, pretend to be another person other than yourself or mislead us or any third-party on any Submissions. We may, but not be obliged to, publish, delete or amend your Submissions.
In accordance with our policy, immediately after giving notification to you, we may terminate your usage of Platform and/or Services and/or turn off your Username and Password. We may terminate your access to the Platform and/or Services (or any part of it) due to certain reasons, including any violation by you of these Terms and Conditions or if we reasonably believe that you have violated or acted not in accordance with the applicable Terms and Conditions. Furthermore, we may also discontinue your usage of Platform and/or Services, based on our opinion or the opinion of the relevant government institution.
You may terminate these Terms and Conditions after 7 (seven) business days of the written notification regarding the termination of these Terms and Conditions is delivered to us.
For the purpose of this Termination, you and we agree to waive the provisions in Article 1266 of the Indonesian Civil Code, so that the termination will be carried out without approval or decision by the court or other institution in the Republic of Indonesia.
Every notification or other communication provided to you shall be:
You may only provide notification to us by writing and shall be sent to the appointed email address, and we shall be deemed as having accepted the notification on the date of acceptance. We shall endeavour to respond to each of your notification immediately, but we shall not guarantee that we will provide response in a consistent and timely manner at each time.
Despite the provisions in Clause 10.1 and 10.2 above, we may at any time choose other media or other way in providing notification (including but not limited to email or other form of electronic communication) that will be deemed as having been accepted upon delivery.
Except otherwise provided in these Clauses as well as Terms and Conditions, rights and remedies that we may carry out are cumulative and without prejudice the rights and remedies that we may have under the applicable laws and regulations, and no provisions shall deter or prevent our rights and remedies under the applicable laws and regulations.
These Terms and Conditions are made in both Indonesian and English language in compliance with Law of the Republic of Indonesia Number 24 of 2009 on National Flag, Language, Coat of Arms, and Anthem which is agreed and fully understood by you. If there is any dispute on the interpretation of these Terms and Conditions between Indonesian version and English version, the Indonesian version shall prevail.
Our failure to carry out these Terms and Conditions shall not be interpreted as the waiver of these provisions, and such failure shall not prejudice our subsequent rights to carry out these Terms and Conditions. We are still entitled to use our rights and remedies on any other conditions in which you violate these Terms and Conditions.
If at any time any provisions in these Terms and Conditions shall be illegal or unable to be carried out in any case, the legality, validity and applicability of other provisions in these Terms and Conditions shall not be affected or prejudiced due to such matter and shall remain applicable.
Parties who are not a party subject to these Terms and Conditions, shall not be entitled under any laws and jurisdictions to carry out the provisions under these Terms and Conditions. For the avoidance of doubt, nothing in this Article shall affect the rights of each transfer permitted in these Terms and Conditions.
Usage of the Platform and/or Services and these Terms and Conditions is governed and interpreted under the laws of the Republic of Indonesia and under exclusive jurisdiction of the South Jakarta District Court.
We may seek or engage legal assistance immediately in good faith to handle violations or non-compliance of these Terms and Conditions
We, by way of notification on the Platform or other method which we choose (which may include notification by email), may amend the applicable Terms and Conditions at a determined date by way of the above method. If you use the Platform or Services after such date, you are deemed to have accepted such amendments. If you wish to reject such amendments, you shall refrain from accessing or using the Platform and Services and terminate these Terms and Conditions. Our rights to amend such Terms and Conditions above may be carried out without approval from each person or entity that is not part of these Terms and Conditions.
Every typo, administrative or other error or negligence on acceptance, invoice or other documents that occur on our side shall be corrected by us.
The currency used in these Terms and Conditions shall be Indonesian Rupiah
These Terms and Conditions shall be the entire agreement between us and you related with the subject matter in the agreement and shall fully replace every understanding, communication and agreement previously entered into in relation to the subject matter of the agreement.
You may not transfer your rights and obligations in these Terms and Conditions without the prior written approval from us.
We shall be released from any liabilities for breach of contract, fault, disturbance or delay on the fulfilment of obligation or any inaccuracy or discrepancy in the Platform and/or Services, if such event is due to, wholly or in part, directly or indirectly, by any event or failure caused by Force Majeure.