TERMS & CONDITIONS

PREAMBLE

  1. These Terms & Conditions are an agreement between PT Motion Tech Indonesia, a company established under the laws of the Republic of Indonesia (we, our, or us) and our insurance partners (you or your).
  2. These Terms & Conditions govern the access and use of our websites and mobile applications, including but not limited to www.mytokoto.com (Website) by you.
  3. We act as an agent for PT Asuransi Rama Satria Wibawa, a company established under the laws of the Republic of Indonesia (Partner).
  4. By clicking the check box that appears alongside these Terms & Conditions on our Website, you confirm that you have read, understood, and agreed to these Terms & Conditions.
  5. These Terms & Conditions constitute a binding electronic legal agreement between us and you, and you agree to not file any objections against the validity of these Terms & Conditions.
  6. You must not be a child as defined by applicable laws and regulations and must be of legal capacity in your country of residence to enter into a binding electronic legal agreement in order to accept these Terms & Conditions.
  7. Please note that we may amend these Terms & Conditions at any time as necessary to comply with applicable laws and regulations or to reflect any changes to our operational or technological practices. We shall use reasonable endeavours to notify you of any material amendments to these Terms & Conditions via emails or notice on our Website. You are encouraged to review these Terms & Conditions Policy periodically such that you are familiar with the latest version. If you do not agree with any amendments to these Terms & Conditions, please do not continue using our Website. Otherwise, you shall be deemed to have consented to any amendments to these Terms & Conditions.

PRIVACY POLICY

  1. Any personal or other data and information provided by you is subject to our Privacy Policy, which constitutes an integral part of these Terms & Conditions.
  2. The Privacy Policy is available on our Website and must be accepted in conjunction with these Terms & Conditions.

RULES OF WEBSITE USE

  1. To use our Website and access the products and services on our Website, you are required to create a verified account by providing us with your full name, address, email address, phone number, personal identification documents, and any other data and information that we may request from time to time. (Account).
  2. Your Account is to be used exclusively by you and cannot be assigned to other persons for any reasons whatsoever. You are responsible for notifying us if you suspect or know that your Account has been used by other persons without your approval. We shall take all necessary and reasonable actions against such unauthorized use.
  3. You are not allowed to use our Website for any commercial activities or purposes, except for the activities and purposes of marketing and selling insurance policies to your customers, collecting payments for insurance policies from your customers, administering insurance policies on behalf of your customers, administering your commissions and points, communicating with us to address your queries and complaints, and any other activities or purposes that we may determine as permissible from time to time.
  4. You are not allowed to use our Website for any kind of abuse, fraud, or any other actions that may cause harm in any form to us or other persons. You specifically agree not to use our Website to do any of the following:
    • defame, harass, intimidate, stalk, or threaten us or other persons or be involved in other predatory behaviour;
    • attempt to use or use Accounts belonging to other persons, register Accounts under fake identities or identities belonging to other persons, or register Accounts for anyone else other than yourself;
    • carry out actions that directly or indirectly interfere with or impose an unreasonable burden on our operational or technological infrastructure, including but not limited to sending unwanted communications to our personnel or other persons, attempting to obtain unauthorized access to servers that store our data and information, or attempting to activate or transmit computer viruses or other damaging components to servers that store our data and information;
    • launch automatic or manual bots, devices, scripts, software, or systems for the purposes of caching, crawling, scraping, spidering, or other similar activities to obtain access to our data and information;
    • broadcast, copy, display, distribute, lend, license, monetize, publicize, rent, sell, trade, transfer, or transmit our data and information, partly or entirely;
    • produce adjusted, competing, or modified products and services based on our data and information, partly or entirely;
    • decompile, disassemble, obtain, or reengineer our operational or technological infrastructure, including but not limited to the source code;
    • frame, mirror, or otherwise simulate the appearance of our products and services;
    • access our products and services for any analysis, monitoring, testing, or other business competitive purposes; and
    • carry out any other actions that violate applicable laws and regulations.
  5. We reserve the right to block access to your Account temporarily or permanently if we have sufficient reasons to believe or become aware that you have violated any of the above rules of use relating to our Website.
  6. The security and confidentiality of your Account, including your full name, address, email address, phone number, personal identification documents, and verification codes periodically generated and sent by our system (if any), is fully your responsibility. We shall not be responsible for any losses or claims arising from your negligence to protect the security and confidentiality of your Account.

LIMITATIONS OF PRODUCTS & SERVICES

  1. The products and services that we provide on our Website are limited to facilitating the purchase of general insurance policies underwritten by our Partner.
  2. We act as an agent for our Partner. We do not make decisions relating to insurance policies, including but not limited to underwriting or claims decisions.
  3. The insurance policies are solely underwritten by our Partner, which has entered into a cooperation agreement with us, and you therefore understand and agree that:
    • any insurance policies purchased via our Website constitute binding legal agreements between you and our Partner (in accordance with the terms and conditions of such insurance policies), and we only act as an intermediary that is in charge of facilitating transactions between you and our Partner;
    • any data and information relating to insurance policies that is displayed on our Website is data and information that we receive from the our Partner; and
    • we do not have any control over any data and information relating to insurance policies and we do not guarantee that such data and information is accurate, complete, or free from any errors.

PURCHASING PRODUCTS & SERVICES

  1. In order to underwrite insurance policies, our Partner requires and relies on certain data and information relating to the customers and the assets that are the subject of such insurance policies. It is your responsibility to ensure that such data and information is accurate, complete, and free from any errors in all material respects.
  2. Once insurance policies have been issued, you shall complete the necessary payments within sixty (60) calendar days. If we do not receive payments within the stipulated timeframe relating to specific insurance policies, we reserve the right to request our Partner to cancel such insurance policies.
  3. You may choose to complete payments in advance of insurance policies being issued; however, payments do not guarantee the issuance of insurance policies. If insurance policies are rejected and consequently not issued, corresponding payments shall be returned to you, less any fees imposed by our third party payments processor or your financial services providers.
  4. You are only allowed to use payment channels available on our Website (or as otherwise made available to you by us) to make payments for insurance policies. Any other payment channels are not accepted. You are responsible to ensure the accuracy and completeness of all data and information, including but not limited to the amounts due, prior to making any payments for insurance policies.
  5. We use a third party payments processor to collect payments and as such, we are not responsible for any failed payments. However, we shall use reasonable endeavours to investigate and assist with any failed payments.
  6. Once issued, insurance policies shall become available for download via your dashboard on our Website and, upon your request, shall be sent to you via other means, including but not limited to via mail, email, or instant messaging apps.
  7. You are responsible for understanding the benefits and risks of insurance policies prior to completing any purchases. You may contact us for any additional data and information relating to insurance policies at the contact details listed below. To the best of our knowledge, the details that we provide relating to the benefits and risks of insurance policies are true and not misleading. Other than as required by applicable laws and regulations, we shall not be required to not compensate you for any losses or claims that may arise as a result of your interpretation of or reliance on any data and information that we provide relating to insurance policies.

PRICES & COMMISSIONS/PROMOTIONS

  1. Prices for insurance policies are determined by our Partner in line with applicable laws and regulations.
  2. Your share of any commissions offered by our Partner in line with applicable laws and regulations shall be determined by us at our sole discretion. We may amend your share of commissions at any time without prior notice.
  3. We may offer promotions in the form of additional points or referral fees from time to time at our sole discretion and in line with applicable laws and regulations. We may amend promotions at any time without prior notice.

INTELLECTUAL PROPERTY

  1. Our Website, any software or technology relating to our Website, and any data and information on or relating to our Website are owned by us, or by third parties that grant specific contractual rights of use to us, and you do not have and we do not grant you any rights to our Website, any software or technology relating to our Website, and any data and information on or relating to our Website.
  2. Our name, logo, and design constitute registered trademarks under the laws of the Republic of Indonesia. Unless expressly allowed under these Terms & Conditions, you are not permitted to use our registered trademarks without our prior written approval.

LINKS TO THIRD PARTY WEBSITES

  1. Our Website may, from time to time, contain links to third party websites, including those of our partners and service providers. Such links are not an indication of our approval or support for any third party websites. Your use of any third party websites shall be governed by separate agreements between you and such third party websites, and shall not be governed by these Terms & Conditions.
  2. We are not responsible for any data and information that is displayed on any third party websites and we do not guarantee that such data and information is accurate, complete, or free from any errors.
  3. Any transactions between you and any third party websites that are linked via our Website are solely between you and such third party websites. We are not responsible for any losses or claims that may arise from any transactions between you and such third party websites.

YOUR RESPONSIBILITY

  1. You are fully responsible for the choices that you make relating to the products and services offered on our Website, and you are fully responsible for any communications with your customers relating to such products and services.
  2. You agree to comply with these Terms & Conditions and all applicable laws and regulations while using our Website.

LIMITATION OF OUR RESPONSIBILITY

  1. Your use of our Website is entirely at your own risk. We are not responsible for any losses or claims that arise from your use of our Website.
  2. The products and services on our Website are sold on an as-is basis. To the extent permitted by applicable laws and regulations, we expressly disprove all representations and warranties relating to the products and services on our Website, whether written or implied.
  3. Our Website may become unavailable due to events that are beyond our control, including but not limited to applicable laws and regulations, natural disasters, power failures, and telecommunications disruptions. We are not responsible for any losses or claims thar arise from your inability to use our Website.
  4. Any documents that are specifically available for download on our Website are downloaded entirely at your own risk. We are not responsible for any corruption of or damage to your computers or other devices that results from you downloading such documents.
  5. We do not provide accounting, legal, or tax advice on our Website or otherwise. You are encouraged to obtain independent advice from experts as necessary.

INDEMNITY

  1. To the extent permitted by applicable laws and regulations, you agree to indemnify, defend, and hold us, our officials, directors, employees, agents, partners, suppliers, contractors, and affiliates harmless from and against every and all, losses, claims, obligations, fees, damages, and costs (including but not limited to legal fees and full indemnity expenses) that arise from your violation of these Terms & Conditions.

MISCELLANEOUS

  1. These Terms & Conditions are available in Indonesian and English. If there is a difference of interpretation between the Indonesian text and the English text of these Terms & Conditions, the Indonesian text shall prevail.
  2. These Terms & Conditions shall remain effective regardless of any suspension or deletion of our Website.
  3. In the event that any of the provisions in these Terms & Conditions become unenforceable, such unenforceability shall not affect the enforceability of other provisions in these Terms & Conditions.
  4. These Terms & Conditions are subject to and governed by the laws of the Republic of Indonesia.
  5. In the event of disputes arising out of or in connection with these Terms & Conditions, you agree to first discuss with us in good faith to reach an amicable resolution within sixty (60) calendar days. Any disputes that cannot be amicably resolved shall be referred to the Jakarta Selatan District Court.

CONTACT US

Should you have any queries or complaints in relation to these Terms & Conditions, please contact us on: support@mytokoto.com