- These Terms and Conditions are an agreement between you as the user and PT Motion Tech Indonesia (“we”, "us", "our" or “MTI”), a limited liability company duly established and existing under and by virtue of the laws of the Republic of Indonesia and/or our affiliates.
- These Terms and Conditions govern your access and use of the application, website (www.insureka.com, and other website that we manage), content and product provided by us and/or our affiliates (hereinafter, collectively referred to as the “Application”), as well as the Service available at our application.
- By agreeing to these Terms and Conditions, you also agree to the additional Terms and Conditions and their amendments which constitute an integral part of these Terms and Conditions (hereinafter, the Terms and Conditions, additional Terms and Conditions, and their amendments, are collectively referred to as the “Terms and Conditions”).
- Please note that we may change, modify, add and delete these Terms and Conditions at any time as necessary to comply with any law or regulation binding on us or to reflect a change to our operational practices, provided that we will use reasonable endeavours to provide notice of material changes on the Application. However, you shall be responsible to review these Terms and Conditions regularly to check for such changes from time to time and read the revised Terms and Conditions carefully and thoroughly. We will update the "last modified" date at the end of this Terms and Conditions if any revisions are made. Please contact us if you do not agree with the changes.
The services (“Service”) we provide include:
- Provision and implementation of digital insurance marketing services which serves the marketing, administration, and management of the vehicle insurance product (“Product”) underwritten by PT Asuransi Rama Satria Wibawa (“Insurance Company”).
- Provision and implementation of facility and system to make safe online payment through various available facilities and systems of the Product provided in the Application.
- Provision and implementation of complaint reception facility and system, as well as safe online benefit claims on the Product through various technologies available in the Service.
- Provision and facilitation of online facility and system necessary for the performance of duty and responsibility of the Insurance Company and/or its affiliates.
- We also provide chat box and call center feature to allow users to communicate between each other and with our insurance agents, to ask about the insurance products you want to buy, status of benefit claims of insurance products or other matters related to Service.
- You are not allowed to resell the insurance products, use, copy, supervise, display, download, upload or reproduce contents or information, software, or any Service available in our application for any activity or commercial purpose, without our prior written approval.
- You agree to access or use Application or Service only for the purpose as set out in these Terms and Conditions and not to abuse or use Application or Service for the purpose of fraud, cause inconvenience to other people, make false order or other actions which could or is deemed to cause loss in any forms to other people.
- Our Service is available online through Application or various access, media, device and other platforms, whether it has been or will be available in the future. The Product is provided, supplied and organized by the Insurance Company which has entered into a cooperation and agreement, with us, and therefore you understand and acknowledge that
- the booking and purchase that you make through the Application, constitute binding legal and contractual relationships between you and the Insurance Company. In this case, we act as an intermediary that is in charge of facilitating the transaction between you and the Insurance Company;
- data and information relevant to certain product that we put in the Application is data and information that we receive from the Insurance Company, and we display such data and information in good faith in accordance with the data information that we receive; and
- we do not have any control over the data and information provided by the Insurance Company, and we do not guarantee that the provided data and information are accurate, complete, or true, and free from any mistakes.
The access and use of Application are subject to these Terms and Conditions.
- Application and products, technology and process in the Application, are owned by us or third party which grants the rights to us. Except for the use that is expressly allowed under these Terms and Conditions, you do not have or receive and we do not grant any other rights to you under this Application, along with all data, information and content in it.
- We only provide the official Application software at the official digital market, such as Google Play or App Store, and to be used only by mobile phone or tablet. Downloading Application from other places other than the official digital market and/or to the other device aside from mobile phone or tablet constitutes a violation to these Terms and Conditions and to our intellectual property rights.
- In using the Application and/or Service, you might be required to create an account (“ Account”) which will be given after you register by providing your full name, email address and personal phone number and other information which we may require from time to time. To create an Account, our system will generate an automatic verification code and send such verification code via short message to your phone number. You need to enter the verification code in the registration page of the Application.
- Do not inform your verification code to anyone including us or any other party claiming to be our representative.
- Your account can only be used exclusively by you and cannot be assigned to other people for any reason.
- We are entitled to refuse to provide the Service or other things related to the Service if we are aware or have sufficient reasons to presume that you have assigned or let your Account being used by other people.
- To the extent permissible under the prevailing laws and regulations, the safety and confidentiality of your Account, including registered name, email address, phone number, and verification code generated and sent by our system is fully your responsibility. You shall bear all losses and risks arising from your negligence to protect the safety and confidentiality of your Account.
- Please immediately notify us if you know or suspect that your Account has been used without your knowledge or approval. We will take all necessary actions against such unauthorized use.
- By using the Application and/or Service, you agree not to do the following:
- defame, stalk, intimidate, abuse, threaten, harass, misuse, harm other people or involve in other predatory behaviour, including sending unwanted communication to other people or instigate other people to commit violence;
- use or try to use the account of other people or make a fake identity;
- make an account for anyone else but himself/herself;
- copy, license, sub-license, publicize, broadcast, transmit, distribute, do, display, sell, change the name, or transfer information found in the Service, unless as permitted in these Terms and Conditions, or otherwise as we expressly allow or approve;
- reengineer, decompile, disassemble, or attempt to obtain source code for any intellectual property rights that is used to provide the Service, or part of it;
- adjust, modify or make a derivative work based on Service or its underlying technology, partly or entirely;
- use or copy the information, content, or any data that you see or obtain from the Service to create a competing service against our Service;
- rent, lend, trade, sell or resell information in the Service, partly or entirely;
- sell, sponsor, or monetize the service or other function in the Service, without our written approval;
- delete, cover, or blur all forms of advertisement including those in the Service;
- violate or use our mark, logo, or trademark for business name, email, or any URL unless expressly permitted by us;
- use or launch an automatic or manual system or software, device, script robot, other methods or process to access, “scrape”, “crawl”, “cache”, “spider”, or other website or service containing in our Service;
- use bot or other automatic method to access the Service, add or download contact, send or divert message, or do similar activities through the Service;
- involve in “framing”, “mirroring”, or simulate the appearance or function of Application;
- involve in any action that directly or indirectly interferes the appropriate work or impose
unreasonable burden to the Service infrastructure, including but not limited to sending unwanted communication to other users or our personnel, attempt to obtain unauthorized access to the Service, or transmit or activate computer virus, or dangerous software program or damage the other components in the Service; access, by automatic or manual way or process, the Service for the purpose of monitoring the availability, performance, or functionality for any business competitive purposes; and
- access, by automatic or manual way or process, the Service for the purpose of monitoring the availability, performance, or functionality for any business competitive purposes
- And/or carry out any other activity which violates the prevailing laws and regulations.
PURCHASE OF INSURANCE PRODUCT
- We are an insurance agency company which facilitates the digital marketing, management, and administration of the Product. Because we are not insurance company, we do not make the decisions regarding the underwriting related to the risks, the insurance policy issuance, and approval of insurance claims of the Product.
- You start with providing your personal information relevant to Product and you will be served with information regarding the Product.
- In deciding to do underwriting on the risks, to provide protection or to approve your application of a policy, the Insurance Company needs your information, and they will rely on the accuracy and completeness of the information you provide. By ensuring the application submission, you ensure that you have provided all information regarding your eligibility to satisfy the qualification of the Product. We will send this information directly to the Insurance Company if you continue with the application. In the application submission, you must be the same person as the registered name of the registered vehicle owner (Surat Tanda Nomor Kendaraan or STNK, a document that serves as proof of ownership of a vehicle in Indonesia). In the event that your name and STNK name do not match, the Insurance Company will reject your application submission.
- When you have ensured your application submission, you will be requested to continue to payment section. We need your payment to ascertain your interest in purchasing Product and to obtain protection from the Insurance Company that is subject to the specification and conditions of the Product you purchase. Payment does not automatically guarantee an approval from the Insurance Company to perform underwriting on risk, provide protection, or issue a policy. Because Insurance Company reserves the right to accept or reject underwriting on risk and/or provide protection, we cannot ensure that Insurance Company will agree to provide protection.
- If the policy is rejected, the payment will be returned to you. Please note that there might be additional fees imposed by third party such as banks or your credit card company, including but not limited to charges at your credit card. If you make a payment and the policy is accepted, such payment will be deemed to be accepted and the purchase process has been completed.
- You are fully responsible on the choice that you made and for the loss arising from (both intentionally an unintentionally) the mistakes or incompatibility in providing data and information when purchasing the Product which makes the Product invalid. You are advised to read and understand all information provided before processing anything. If you are doubt on the Product or the terms of such Product, you may contact us to consult before choosing an insurance product.
- You shall refer to the Product information and consider whether the Product is compatible with you before purchasing anything. To the best of our knowledge, the information that we provide in connection with the risks, benefits, obligations, and fees related to the offered Product are true and not misleading. Aside from what is required by the applicable laws and regulations, we and/or our affiliates are not required to compensate any losses or damage that you suffer as a result of your reliance on the information, resource, service, product and tools that we provide.
PAYMENT AND POLICY DELIVERY
- You are only allowed to use payment channels available in PT Motion Tech Indonesia’s Application to make and complete your payment. Other payment channel will not be accepted. You are responsible to ensure that you provide appropriate information when filling in payment information and the failure to do such thing.
- You are responsible to ensure that you will provide appropriate and accurate information and if there is any failure in such thing.
- We will not be responsible for any failure in the process of payment on the purchase of Product that you do.
- To all purchase that we have confirmed, we will send confirmation letter via email containing description of Product that you purchased and the payment confirmation or via other means which we may determine from time to time. In case we send a confirmation letter, you are responsible to save and maintain the confirmation letter that we send, such confirmation letter is an important document for you to prove that you have legally purchased the Product and successfully paid it.
- We are entitled to refuse to provide Product or Service, if you could not provide such payment confirmation letter and you exempt us from all responsibility and losses in any forms.
- In case the Insurance Company has approved your application on a Product, the Insurance Company will issue and deliver policy book to you via [your registered email].
- The standard format of policy delivery for the application submitted through the channel of Application is softcopy format. The Insurance Company may assign third party to help the delivery of policy book. The Insurance Company may provide options to deliver the policy book in hardcopy format with or without additional fee. If the policy book in the hardcopy format requires additional fee, this fee will be included in the initial payment. You shall notify us immediately if the policy book has not been received in 7 calendar days since the completion of first payment.
PRICE AND PROMOTION
- We may offer lower prices, discounted agency fee, and/ or promotions from time to time. Please note that these may involve different conditions and requirements as it relates to booking and refund policies.
- If there is any promotion provided directly by the Insurance Company, then the rights and authority over the promotion will be fully under that Insurance Company separate terms and conditions and will not apply to the reservation conducted through our Application.
“Referrer” are users who has received a personally identifiable link (the " Link") offered by MTI who refer others to the referral program; those who are referred are "Referree." Referrers are may be eligible to receive certain compensation for qualified referral (s). Referee shall be a new customer who is yet to be registered in the [Insurance Company]/[Website]/[Application].
Referrer agrees that they will not violate any of the provision under the Terms and Conditions, or
otherwise engage in activity that could be considered as harassment toward other users or any action which is in violation to the prevailing laws and regulations.
2. How It Works:
- Referrers may share the Link to anyone, including friends, family, and colleagues. Referrers
will solely be responsible for the distribution and use of the Link and shall ensure that it is used in accordance with the terms of these Terms and Conditions. We reserve the right to terminate or modify the referral scheme, including but not limited to the Link usage, at any time without prior notice.
- In the event of Link usage, Referrers will be entitled for a referral commission payment for each successful insurance sale is IDR 250.000,00, provided that the relevant Referrers’ Link was first used by the Referee to generate a quote for the Insurance Product. In the event that
multiple Links are used by the Referee, Referrers whose link was firstly used is entitled to the
commission. In the case that there is a dispute pertaining the firstly used Link, MTI will solely
determine whose Referrers’ Link is firstly used.
- The referral commission will be payable 30 (thirty) days after the Insurance Company has
received and confirmed that the referee has made full payment for the Insurance Policy,
provided that the Insurance Policy is still effective.
- Each Referrers and the Referees waive any rights that you may otherwise have pertaining to
the referral or the Link usage. You and the Referee agree that you are not entitled to any
compensation or other consideration beyond what is specifically set forth in these Terms and
- To the extent permitted under the prevailing laws and regulations, in no event shall the claim
amount exceed the referral amount determined by the MTI. The MTI shall have the sole
discretion to determine the referral amount and such determination shall be final and binding on both parties.
3. Right to Referral termination:
- MTI can terminate the Referral Program or a person’s ability to participate at any time for any
reason and without notice by providing notification in the Website and providing the reason
- MTI reserves the right to suspend accounts, cancel the referral link or refuse a transaction if we notice any activity We believe fraudulent, improper, or unlawful or if We have reason to
assume You are in breach of these Terms and Conditions.
- MTI reserves the right to review and investigate all referral activities and to suspend accounts
or modify referrals as deemed fair and appropriate.
We care about the security of your personal information and uses physical, administrative, and technological safeguards to preserve the integrity and security of all personal information we collect, store, transfer, use and that we share/disclose with our service providers. In the event that any personal information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose personal information may have been compromised and take other steps, in accordance with any applicable laws and regulations.
- Application and Service, including but not limited to name, logo, design, trademark, technology, business model and process, are protected by copyrights, trademark rights, patent rights, and other intellectual property rights available based on the law of the Republic of Indonesia that is registered in the name of us or our affiliates. We (and our licensor) have all rights and interests on Application and Service, including all intellectual property related to all features contained in it and the relevant intellectual property rights.
- All intellectual property rights in the form of trademark, logo, service rights could be registered or unregistered trademarks of PT Motion Tech Indonesia, the Insurance Company, or any third party. Unless expressly stated in these Terms and Conditions, you are not allowed to use any intellectual property without the prior written approval of the relevant intellectual property owner.
- Every duplicate, distribution, creation of derivative works, sale or offer to sell, display both partly or entirely, as well as the use of Application and/or Service, both digitally or others or via other devices other than mobile phone or tablet, or anything that deviates from these Terms and Conditions, and the purpose of the use determined by us, constitute violation of our intellectual property rights.
LINK TO THE DIGITAL SERVICE OF THIRD PARTY
- Our service might provide link to the website of third party. This link is not an indication of our approval or support to any website of third party. Your access to and use of Third Party Services shall be governed by a separate agreement between you and the provider of Third Party Services, and shall not be governed by the terms of this Terms and Conditions.
- We are not responsible for any content in the website of such third party including the accuracy and completeness of their content. All approval and transaction between you and the third party whose link appears in our Service (including advertisement) are between you and such third party. We are not responsible for any losses or claims that might be caused by the approval or transaction between you and such third party.
- Your purchase and use of Third Party Services are at your own risk. By using our Service, you
- You are fully responsible for the choices you make to use or to access our Application and Service.
- You are fully responsible for every loss and/or claim which arises from the use of Application and Service, or applicable laws and regulations, including but not limited to anti-money laundering, anti-terrorism financing, criminal activities, any forms of fraud, violation to the intellectual property, and/or other activities which harm the public and/or any other party which could be or is deemed to damage our reputation.
LIMITATION OF RESPONSIBILITY
- Your purchase and use of Service and Product is entirely at your own risk. This Service is provided and the Product is sold on “as is” basis. To the extent permitted by law, we expressly disprove all warranties, whether written or implied, including but not limited to the implied warranty and terms of sale, compatibility for specific purpose and with no violation.
- To the extent permitted under the applicable laws and regulations, we will not bear any responsibility or risk for your use of our Service, and we will not bear responsibility for any product or service, or link to third party, or violation of security in connection with your use of our Service, or your delivery of sensitive information via our Service or other links.
- We do not provide tax, law and accounting advice, you are encouraged to obtain independent advice from such aspects.
- All contents that are downloaded or other things that are obtained through the use of the Service shall be done based on your own discretion and risk and you are responsible for the damage to your computer or other devices or missing data that is resulted from the download or use of such contents.
- There is no suggestion or information, both verbally or in writing, that you obtain from us or through or sourced from the Service which will produce any warranty that is implicitly written in these Terms and Conditions.
- You agree to exempt and hold PT Motion Tech Indonesia, affiliates and all of its directors, officials, personnel, agents, partners, employee, and successors harmless from and against all claims, fees, damage, action, loss, obligation, fines, penalty, responsibility, including, reasonable attorney fee, arising from or in connection with information, content, comments, or any opinions that you propose, present, or send to PT Motion Tech Indonesia, the use of Service, violation of these Terms and Conditions, or violation of rights, ownership or interest of other people or entities as a result of your use and access of our Service.
- We are not responsible to supervise your access or use of our Application. However, we will still supervise for the purpose of ensuring the continuity of the use of Application and to ensure the compliance to these Terms and Conditions, applicable law and regulation, court decision, and/or terms from other administrative or governmental bodies.
- We will not provide warranty that
- the Service will always fulfil all of your requirements;
- the Service will never be disturbed; or
- all errors in the software or Service will be fixed. You are responsible to apply sufficient examination procedure to fulfil the relevant requirement and to maintain the separate
system or method (aside from us) to reconstruct any missing data.
ACKNOWLEDGEMENT AND REPRESENTATION
- You represent and warrant that you are not a children under the prevailing laws and regulation or you have been married and are not under guardianship or custody dan you legally have the capacity and have the right to bind yourself to these Terms and Conditions. If you do not fulfil such requirements and still access or use the Application or Service, you must get the consent of your parent or legal guardian before you provide us with any of your personal information. You expressly waive the rights based on law to cancel or revoke every and all approval given by your legal guardian provided when entering to these Terms and Conditions when you are considered legally as an adult. If you believe we have collected information about a child without a legal basis, please contact us
- To the extent permitted under the prevailing laws and regulations, You understand and agree that all risks which arise from the use of Application or Service is entirely at your responsibility and you hereby agree to hold us harmless from all claims in connection with any damage, interference, or other forms of system disturbance caused by unofficial access by other party.
- To the extent permitted under the prevailing laws and regulations, You expressly exempt us, including but not limited to our officials, directors, commissioners, employees, and agents, from all obligation, consequence, loss, whether materially or immaterially, claims, fees (including attorney fee) or other legal responsibility which arise or may arise as a consequence of your violation to these Terms and Conditions. Excluded from these Terms and Conditions, if there is any direct loss as a result of our violation to these Terms and Conditions, you agree and expressly limit the amount of your claims amounting to the total amount actually incurred or paid in connection with such event.
TEMPORARY SUSPENSION OF ACCOUNT
- You may delete Application from your mobile phone and/or tablet at any time. We do not have any obligation to you against all things that occur since the deletion of Application, temporary or permanent suspension of your Account. However, you are responsible to resolve your obligations which have occurred, including but not limited to, any obligation which arises from the existence of dispute, claim, or other legal action, which have occurred before the date of deletion, temporary or permanent suspension of your Account.
- If we are aware and have sufficient reasons to presume that you have committed immoral actions, violation, crimes or other actions that are contrary with these Terms and Conditions and/or applicable laws and regulations, whether referred in these Terms and Conditions or not, we have the right to suspend your Account, both temporarily and permanently, or stop your access to the Application, including the Service, re-examine, ask for indemnity, report to the authorities and/or take other actions which we deem necessary, including legal action both in criminal and civil procedures.
- Your Account could be suspended temporarily or permanently, for the following reasons:
- Report that your Account is used or is suspected to be used or misused by other people;
- Report that your mobile phone or table is missing, stolen or hacked;
- We know or have a sufficient reason to presume that your Account has been assigned or used by other people;
- You have passed away, are under guardianship or experience other incapability which make you unable to fulfil the legal requirements based on the applicable laws and regulations;
- Order to suspend the account, whether temporarily or permanently, issued by government or monetary institution or based on court order in accordance with the applicable laws and regulations.
- The English version of these Terms and Conditions might be translated to other languages. The translated version is made for convenience only, and shall not be assumed as the official translation. In the event of inconsistency between the English version and the other language version from these Terms and Conditions, the English version shall prevail.
- If you have a system crash, know or suspect that your Account is hacked, used or misused by other party, or if your personal mobile phone or tablet is missing, stolen, or hacked, or got a virus, please immediately report us so that we can promptly take necessary actions to prevent the further use, misuse, or loss.
- The Application may be interrupted by events that are out of our authority or control (“ Force Majeure”), including but not limited to, natural disasters, power failure, telecommunication disruption, government policy, and etc. You agree to exempt us from every claim and responsibility, if we could not facilitate the Service, including fulfilling your instruction through the Application, whether partly or entirely, due to a Force Majeure.
- These terms will remain effective even after temporary suspension, permanent suspension, deletion of Application or after the end of this agreement between you and us.
- If one of the terms in these Terms and Conditions is unenforceable, it will not affect the other terms.
- This Application is made and controlled by PT Motion Tech in Indonesia and therefore subject to and governed by the laws of the Republic of Indonesia.
- In the event of a dispute arising out of or in connection with these Terms and Conditions, both parties shall first discuss in good faith to reach an amicable resolution within sixty (60) days from the date of the notice of dispute. If the parties are unable to resolve the dispute, the dispute shall be referred to the MTI, whose decision shall be final and binding on both parties. The parties agree to cooperate with and support the MTI in the resolution of the dispute. Any claim arising out of or relating to these Terms and Conditions shall be referred to Jakarta Selatan District Court.
- You understand and agree that these Terms and Conditions constitute an electronic agreement and your action
- to access and use Application or Service;
- to click the “register” button at opening Account;
Should there be any complaint pertaining to this Terms and Conditions, please contact [Grievance Officer], with
the details as follows:
Name :Customer Success Representative
Email Address: email@example.com
Contact Number: +62 857 8176 5017
We will contact you for following up your complaint and settle your complaints at the earliest possible.