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Terms & Conditions

This page contains the terms and conditions for using, accessing, or utilizing this platform. Make sure the User has read all of these Terms and Conditions carefully.

By accessing and/or using this platform, the User declares that the User has read, understands, and agrees to be legally bound by these Terms and Conditions, and the User submits themselves to register as a Lender or Borrower. If the User does not agree to these Terms and Conditions, then the User cannot register to become a Lender or Borrower. Any substantial changes to these Terms and Conditions will be informed through the platform, and the User is required to carefully read each of these changes so that if the User continues to use and/or access the platform. The User hereby declares that he has read, knows, understands, and agrees to the changes made electronically and that the administration of the platform is carried out electronically.

 

A. Definition

The terms in the Terms and Conditions below have the following definitions unless the context is interpreted differently:

  1. The Company is PT Mekar Investama Teknologi or widely known as MEKAR, which is a legal entity established in the Republic of Indonesia. MEKAR is the provider of Information Technology-Based Borrowing Services (LPMUBTI) or better known as fintech lending. Mekar has a platform that brings lenders together with borrowers.
  2. The platform in question is https://mekar.id
  3. User is the party of the fund provider or fund Recipient/Borrower who uses, accesses, or makes use of the platform.
  4. The parties are the Company and the User together.
  5. Lender is a party, either an individual or an institution, who intends to provide funds to be loaned to parties who need loans or financing through the platform.
  6. The Borrower is a party who applies for loans/financing through the platform.

 

B. Approval

  1. The User hereby represents and warrants that:
    • The User has read and agrees to these Terms and Conditions;
    • Users will use, access, or utilize this Platform only for lawful purposes;
    • All information that the User provides to the Company, including but not limited to personal data information, information, and/or User documents required/required by the Company, is accurate and complete;
    • The User gives approval to all User data and information that is inputted into the Platform to the Company to be used and/or published in connection with the transaction of providing funding/financing or obtaining loan funds. The use of information follows the applicable laws and regulations.
  2. The Company reserves the right to change these Terms and Conditions from time to time. Any changes to the Terms and Conditions will take effect immediately after the Company has posted it on the Platform. The User understands and agrees that when the User continues to use the Platform after changes to these Terms and Conditions have been made, the User is subject to and bound by the new Terms and Conditions. Suppose the User disagrees with the changes, in that case, the User has the right to stop using the Platform and resign to become a Fund Giver or Fund Recipient/Borrower. Check this page occasionally because changes, variations, and corrections to the Terms and Conditions will be binding to the User.
  3. Hereby the User is responsible for the risks that arise in connection with the publication of User data and information and its implementation and releases the Company, including its management and employees, from the risks that arise.
  4. The User is willing and gives approval for verification and validation by the Company on the data and documents provided to provide funding/financing or obtain loan funds.
  5. The User approves the Company to publish the data of the Recipient/Borrower on the Mekar Platform, which will then be offered to the Lender to provide loan funds.
  6. All communications from the Company regarding services to Users will be provided electronically via E-mail, WhatsApp messages, or published through the Platform.
  7. The User agrees to receive all documents, notices, and agreements electronically from using the Platform and Services. All Users who are approved for every document, notice, and agreement that arises electronically from the Platform and Services are provided by clicking the agree to button on the Platform and/or performing an electronic signature on the document.
  8. Every consent that the User has given electronically through the Platform is entirely the responsibility and binding of the User as the User of the service, both rights, and obligations arising from the agreement. It frees Mekar and its directors and employees from all risks.

 

C. User Content Platform

  1. Users are fully responsible for all materials and information provided, uploaded, provided, or displayed on the Platform ("User Content").
  2. The User understands and agrees that the Company has the right, but is not obliged, to review and delete (without notice) all User Content, including without limitation, Users content on the Company's discretion are, classified under the Terms and Conditions, Contrary to law and applicable laws and regulations, or may violate or endanger the rights and security of other Users.
  3. By using this Platform, you grant the Company the right to use, copy, publicly display, reformat and distribute User Content for other purposes (marketing and/or promotion) or related to the use of the Platform. You have the right to withdraw your User Content at any time. If you withdraw your User Content from the Platform, all rights that you have granted to the Company as referred to above remain in effect.


D. Prohibited Action

The User represents and guarantees that he will not use and access the Platform unless he has prior approval from the Company to do the following:

  1. use, access, collect and/or retrieve data on the Platform, either with a specific purpose or without a particular purpose;
  2. use any automated means and/or programs to access the Platform and/or collect information from the Platform;
  3. upload, publish, send an email and provide advertisements, promotions, junk mail, spam, and/or all other forms, both commercial and non-commercial, on the Platform, Platform Users, and/or third parties;
  4. change the appearance of the Platform;
  5. create pop-ups for each access to the Platform;
  6. do other things that have an impact and can harm the Company and the facilities on the Platform.
     

E. Data Accuracy

  1. The User guarantees the authenticity and accuracy of the data provided through the Platform. The data provided is true, accurate, complete, up-to-date, and not misleading.
  2. The User will update and inform the Company of any data and/or information that has changed immediately after the change.
  3. Users will keep their passwords and personal data.
  4. If in the future the Company finds that the data or information that the User provides to the Company is incorrect, suspected to be false, and/or inaccurate, then the Company has the right to block the User's access to the Platform. The User will be fully responsible for any damage that arises or will arise, both material and immaterial, for any inaccuracies in the data provided.

 

F. Applicable Law

These Terms and Conditions and other provisions stipulated by the Company shall be governed by and construed by the laws of the Republic of Indonesia. Any and all disputes, disagreements, or conflicts arising from the use of this Platform ("Dispute"), must, as far as possible, be resolved by deliberation to consensus. If the Dispute cannot be resolved amicably for consensus within 30 (thirty) calendar days from the date of notification/complaint, then the Parties agree that the Dispute will be decided through Arbitration forum at Indonesian National Arbitration Board (BANI) in Jakarta using Arbitration rules and procedures of BANI or through Mediation and Arbitration Forum at Alternative Dispute Resolution Institution for Financial Services Sector (LAPS SJK). The Parties agree that the Award rendered by the Mediator or Arbitrator is a final, binding, and undeniable by the Parties or any other party, and the Parties agree to carry out all necessary efforts to ensure the implementation of the Arbitral Award or Mediation Reconciliation.

 

G. Contact Us

For further information, please visit the Help Center page or send an instant message via the facilities listed on the Contact Us page.

 

These Terms and Conditions cannot be withdrawn or canceled without the Company's written consent.

DISCLAIMERS:
  1. Information Technology-Based Lending Service is a civil agreement between the Funder and the Lender. Therefore all risks incurred from the agreement shall be borne entirely by the respective parties.
  2. The credit risk or debt default shall be borne entirely by the Funder. No government body or authority will take responsibility for this default risk.
  3. The Organizer, under the consent of the respective users (the Funder and/or the Lender), accesses, gains, keeps, manages and/or uses the Users’ personal data (“Data Usage”) on or in the objects, electronic devices (including smartphones or cellphones), hardware or software, electronic documents, applications or electronic systems owned by or under the control of the Users, by informing the objective, boundaries and mechanism of the aforementioned Data Usage to the related Users before making the said agreement.
  4. The Funder with no knowledge and experience concerning lending is advised not to use this service.
  5. The Lender must take into account the interest rate of the loan and other costs incurred corresponding to his/her ability in repaying the loan.
  6. Every fraudulence will be recorded digitally in the cyberspace and will be accessible to the general public through social media.
  7. The User must read and fully understand this information before deciding to become a Funder or Lender.
  8. The Government, in this case represented by the Indonesian Financial Services Authority (OJK), shall not be held accountable of every violation or disobedience committed by the Funder or the Lender (whether it is intended or due to the User’s negligence) against the regulations, the agreement or the bond between the Organizer and the Funder and/or the Lender.
  9. Every lending transaction and activity or the agreement implementation concerning lending between or those involving the Organizer, the Funder and/or the Lender must be carried out through an escrow account and a virtual account as regulated in the Financial Authority Services Regulation Number 10/POJK.05/2022 about Information Technologi-Based Joint Funding Services, and any violation and disobedience of the regulation shall be considered as evidence of a violation of law committed by the Organizer. Therefore, the Organizer must bear any liability suffered by the Users as a direct result of the violation of law as mentioned above without reducing the rights of the Users that have suffered losses as stipulated in the Indonesian Civil Law.
  10. BE CAUTIOUS, THIS TRANSACTION INVOLVES HIGH RISK. YOU MAY EXPERIENCE LOSSES OR LOSE MONEY. DO NOT BORROW IF YOU DO NOT HAVE THE ABILITY TO REPAY. CONSIDER CAREFULLY BEFORE MAKING THE TRANSACTION.

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