This page contains general terms and conditions for your use of our Website and Services (“General Terms and Conditions”). You must read these General Terms and Conditions carefully before using our Website and Services. If you do not agree to these General Terms and Conditions, please do not use our Website and Services.

I. About Us

Amartha is a service owned by PT Amartha Mikro Fintek, an information technology-based co-providing service company that has obtained a business license from OJK (as defined below) based on the Decree of the OJK Board of Commissioners No. KEP-46/D.05/2019, dated May 13, 2019 established under the laws of Indonesia and located at Jalan Ampera Raya No. 16, South Jakarta 12430. The General Terms and Conditions contained in this page are protected by copyright. Any use of part or all of these General Terms and Conditions by third parties is prohibited, except with our permission and permitted under applicable laws and regulations in Indonesia.

II. Definition

1. Account is a unique identifier used to classify you and record your activities on our website and services which are carried out by registering on our website.
2. You dwith grammatical variations and cognate expressions, refers to Borrower, Lender, or other people who use the Website and Services regardless of whether the person is registered on the Website or not.
3. “Personal Data” "Personal Data" means information or data voluntarily submitted by Users that can be used to identify directly or indirectly an individual who is an individual.
4. “Privacy Policy” refers to the Privacy Policy on this Website and Services.
5. We with grammatical variations and cognate expressions, refers to Amartha and Amartha's legal representatives.
6. “Content” means all content on our Website and/or Services, in whole or in any part, including but not limited to designs, text, graphic images, photos, pictures, images, videos, software, music, sounds and files. others, credit ratings, rates, fees, quotes, historical data, graphs, statistics, articles, our contact information, any other information, and their selection and arrangement.
7. “Force Majeure” is as referred to in Article XXVI of these General Terms and Conditions.
8. “Services” has the same meaning as set out in Article VI below.
9. “OJK” means the Financial Services Authority.
10. “Lender” means an individual or legal entity who intends to become a lender and provide financing to Borrower through our Services.
11. “Borrower” means an individual or legal entity who intends to seek financing through our Services.
12. “Loan Agreement” is an Agreement between the Lender represented by Us and the Borrower where the Borrower agrees to borrow and the Lender agrees to provide a loan and We act as an intermediary.
13. “Agreement” is the entire document consisting of:
    1. General Terms and Conditions;
    2. Loan Agreement; and/or
    3. Other agreements between Us and You (if any).
14. “Website” refers to the website http://amartha.com/, including all its domains and sub-domains.
15. “Products” means products available for offer on the Website.

III. General Requirements

The headings used in these General Terms and Conditions are for your explanation and reference only and shall not affect the interpretation of, or be a material consideration in the interpretation of these General Terms and Conditions.

IV. Changes over Time

We may make changes to the General Terms and Conditions from time to time. If We make changes to the General Terms and Conditions, We will notify You within a period of time deemed sufficient through Your contact registered in Our Services. You hereby agree that Your continued use of Our Services after the amendment of the General Terms and Conditions by Us shall constitute a sign that You agree to the new General Terms and Conditions.

V. Age Requirement

To be able to use Our Services and Website, You must be over 21 years old and not under guardianship. If You are under 21 years of age or under guardianship, You may use Our Website and Services only with the involvement of a parent or guardian. You must obtain the consent of your parents or legal guardians, their agreement to these General Terms and Conditions and their agreement to be responsible for: (i) your actions; (ii) all costs associated with the use of any Services or the purchase of Products; and (iii) your full agreement to these General Terms and Conditions. If You do not have the consent of Your parent or guardian, You must stop using/accessing this Website and Our Services.

VI. Our Service

1. On the Website, We provide services in the form of:
   1. Providing a platform for prospective Borrower to receive funds and prospective Lender to provide Financing.
   2. Providing exclusive space and bringing together prospective Borrowers and Lender on the Website so that information technology-based co-providing services cooperation can be carried out..
   3. Selecting, analyzing and approving Financing applications submitted by prospective Borrower so that Lender can obtain quality Financing.
   4. Provide an Escrow Account to collect funds from Lender to Borrower to bridge the lending and borrowing relationship between Lender and Borrower.
2. In providing the Service, We confirm the following::
   1. We do not guarantee that Borrower will return the Financing in accordance with the terms of the Loan Agreement.
   2. As an organizer of information technology-based co-providing services, We are regulated and supervised by the government through OJK in accordance with OJK Regulation number 10 of 2022 concerning Information Technology-Based Co-Providing Services (as may be amended from time to time).
   3. In accordance with OJK regulations, we serve as administrative intermediaries between Lender and Borrowers. Thus, the credit risk or risk of default of the Borrower is entirely on the Lender side. If the Lender uses financing guarantee coverage, then the terms and conditions will follow the terms and conditions that apply to your financing guarantee.
   4. You understand that Information Technology-Based Co-Providing Services through our Services and Website contain risks that are substantive in nature including the risk of business failure of the Borrower which causes the risk of failure to pay to the Lender, and/or credit risk that arises if the Lender chooses to does not carry out credit guarantees through a funding/financing guarantee company.
   5. As an Information Technology-Based Co-Providing Service Provider, we are not permitted by the OJK to bill the Borrower for bills whose maturity exceeds 90 (ninety) days, so that in order to further mitigate credit risk, the Provider can do things among other things, transfer of collection rights, transfer of receivables and/or write-off and write-off, which will be regulated in detail in the Loan Agreement between the Provider and the Lender.
   6. At the request of the Borrower to the Lender through the Organizer, the Organizer may request approval from the Lender to restructure the financing provided by the Lender.
   7. We do not provide any form of financing advice or financing recommendations regarding the options on this Website and Services.
   8. The content, information and materials we provide on this Website and Services are only intended to provide information and should not be considered as an offer, solicitation, invitation, advice or recommendation to buy or sell financing, securities or other capital market products or financial services.
   9. We only provide services in the form of administrative functions and cannot be considered as but not limited to investment consultants or investment managers and we will not provide advice and have other obligations for services other than those stated in the General Terms and Conditions, Privacy Policy and Loan Agreement
   10. Funds placed in our accounts will not be considered as deposits held by companies as stipulated in the laws and regulations concerning banking in Indonesia.
   11. Neither our company nor any of its directors, employees, employees, representatives, affiliates or agents have any responsibility regarding any disturbances or problems that occur or are deemed to have occurred, caused or due to deficiencies in the preparation or publication of the material and information listed. on Our Website.
   12. We will store and treat all information and data obtained from our website in accordance with the provisions of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions and Law No. 27 of 2022 concerning Personal Data Protection and its implementing regulations.
   13. We only provide services that are only responsible as an intermediary between the Lender and the credit / financing guarantee company. Therefore, we are not responsible for any decision and/or financing guarantee coverage from the credit/financing guarantee company. Therefore, you are strongly advised to read and understand the terms and conditions of your financing guarantee to understand your rights and obligations.

VII. Your Representations and Warranties

You unconditionally and irrevocably represent and warrant that:

1. You have read and agree to these General Terms and Conditions and Our Privacy Policy.
2. You have the full legal right, capacity and authority to access the Website and use Our Services.
3. You have good faith in using our Website and Services and will use Our Website and Services for lawful purposes and do not conflict with laws and regulations.
4. You are fully responsible for the use of our website and services when you access our website and services through any media and from any country.
5. Your use of our Website and Services does not violate your existing and future obligations, including but not limited to the obligations contained in your agreements with other third parties.
6. All information and data that you provide or will provide to us is accurate and complete, not misleading and you can account for the truth and accuracy. If in the future there are changes to the data, then you are obliged to notify us including but not limited to personal information that is allowed to be changed.
7. No material or information or any data submitted through your account or posted or shared by you through our Website and/or Services will violate or violate the rights of any third party, including privacy rights, copyrights, trademarks, publicity or other proprietary or personal rights; or contain slander, defamation or material that violates the law.
8. Each of the statements and guarantees mentioned above are made truthfully, without hiding any material facts and matters, and thus you will be fully responsible for the truth of the things stated above, as well as be willing to be held liable both civilly and or criminal, if these statements and guarantees are not in accordance with the actual situation.

VIII. Your obligations in using our Website and Services

1. In using the Website and Services, you hereby agree to comply with and comply with the following terms and conditions:
   1. Use the Website and Services in accordance with the General Terms and Conditions, Privacy Policy, Loan Agreement and applicable laws and regulations.
   2. Do not commit fraud that causes Lender or Borrower in the Loan Agreement to suffer losses.
   3. Do not to use the information and data you receive related to the Service for purposes other than those specified in the General Terms and Conditions, Privacy Policy and your Loan Agreement.
   4. Do not post any material and data that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or other harmful or similar computer code, files or programs designed to interrupt, affect, damage or limit the functionality of any computer software or hardware or telecommunications equipment.
   5. Do not access without authority, hack, obstruct, interfere with, disable, overburden or otherwise interfere with the proper working or display of the Website or Services, which includes but is not limited to denial-of-service attacks, spoof attacks, session hacking, reverse engineering intrusions, reprogramming, or utilization of any framing techniques to attach any content or other proprietary information.
   6. Do not post any personal information of any third party on the Website, including but not limited to, addresses, telephone numbers, email addresses, identity or social security card numbers and credit card numbers.
   7. Do not use content or information that if posted, shared, used or uploaded through the Website and Services by you will cause infringement of the rights of other third parties.
   8. Do not post, or ensure the delivery of unsolicited or unauthorized advertisements, solicitations, promotional materials, "junk mail", "spam", "chain letters" and/or "pyramid schemes" or any other form of solicitation.
   9. Do not use automated scripts, engage in the practice of "screen scraping", "database scraping" or other activities for the purpose of obtaining consent or other information from the Website, Content and Services or for any other purpose without our permission.
   10. Do not pretend to have an identity that is not your true identity or represent yourself inconsistently with your true condition and identity.
   11. Use a secure and reliable internet connection and devices so that the security and smooth running of the Website and Services are not disrupted.
   12. Keep registering and using 1 (one) Account, except with our prior permission.
   13. Do not circumvent or attempt to circumvent, any security measures from the Website.
   14. Maintain the security of your account, including unique passwords, passwords and other unique information that is identical to your account and remain responsible for the use of the account by someone other than you.
   15. Allow other third parties to do things that are prohibited in the Terms and Conditions of Use, Privacy Policy and Loan Agreement.
2. We have the right to deactivate your account at any time, if we think you have failed to comply with any of the provisions of these terms.

IX. Our Relationship with You

1. In relation to the Service, We are only limited to the Party that provides the Service, intermediaries and Parties that bring You together with other parties to do joint co-providing services. We are not responsible for any losses that arise in connection with your engagement with the Borrower or Lender or other third parties.
2. There is no provision in these General Terms and Conditions that will create or be deemed to create a partnership, agent or employer and employee relationship between you and us.

X. Our Rights in the Website and Services

1. Monitor, filter or control any activity, content or material on the Website and/or through the Services. We may absolutely investigate any breach of the terms and conditions contained herein and may take such action as We deem appropriate.
2. Prevent or restrict Your access to the Website and/or Services.
3. Report any activity that We suspect violates applicable laws, statutes or regulations to the authorities and cooperate with the authorities; and/or
4. Request any information and data from You regarding Your use of the Services and/or Website at any time and exercise Our rights under this provision if You refuse to provide information and/or data or if You provide or if We have reasonable grounds to suspect You of providing information and/or data that is inaccurate, misleading or deceptive.

XI. Intellectual Property Rights

1. Copyrights, patents, trademarks, registered designs and all intellectual property rights on the Website, Services and Content, including but not limited to copyrights in the combination of all Content are owned and remain our rights
2. Amartha, graphic images, logos, designs, page headers, icons, writing and service names belonging to Amartha (collectively, the “Marks”) displayed on this Website are assets of Amartha and all Marks expressly protected by Amartha or third parties which is relevant. Your access to and/or use of the Website, Content and Services cannot be considered as granting any license or right to use any trademarks on the Website without prior written approval from us or the relevant third parties.
3. You are not authorized to use any Brand without our prior approval. We aggressively use our intellectual property rights to the fullest extent permitted by law. The names of Amartha and other brands cannot be used in any way, including in any advertisements or publicity, or as hyperlinks without our prior written permission.
4. The domain name on which the Website is located is our absolute property and you may not use or adopt a similar name for your own use.
5. Provided that you are entitled to use the Website, you are granted a limited license to access and use the Website and to download or print a copy of any part of the Content solely for your personal use in connection with your use of the Website, Content or Services, with provided that you maintain all copyright or other complete proprietary notices. Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged. However, you must not alter paper or digital copies of any material you have printed or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequentially or graphic images separately from any accompanying text.
6. We can cancel this license, at any time without notice or reason. Any use of the Website or Content without our prior written permission, other than those specifically authorized in these General Terms and Conditions, is strictly prohibited and the license granted in these General Terms and Conditions must be terminated. Such unauthorized use may also violate applicable laws including but not limited to copyright and trademark laws, and may result in lawsuits being filed against you.
7. If you use the Brand, this Website, Content and Services in violation of these General Terms and Conditions, your right to use our Brands, this Website, Content and Services will be terminated immediately and you must, in our discretion, return or destroy any copies the material you have created

XII. Privacy Policy

You are required to read our Privacy Policy when using our Services, which explains our data usage and privacy policies carefully. Please do not submit any Personal Data or data without first reading our Privacy Policy. Our Privacy Policy is an integral part of these General Terms and Conditions.

XIII. Access to Our Website

1. Our Website can be accessed at no cost. We do not guarantee that our Website and Services will always be available and uninterrupted. We are not responsible if Our Website and Services become unavailable at certain times and periods.
2. You are responsible for making the necessary arrangements for You to be able to access Our Website and Services. You are also responsible for ensuring that any person who accesses Our Website and Services through Your internet connection is aware of these General Terms and Conditions, and any other terms and such person agrees to abide by such terms
3. Our Website and Services are intended for persons residing in Indonesia. We do not guarantee that the availability of content through Our Website is sufficient and may be available in other regions. We may limit the availability of Our Website and Services to certain persons or to certain regions. If you access Our Website and Services from outside Indonesia, you hereby acknowledge that you access them at your own risk.

XIV. Virus

We do not warrant that our Website is free from any viruses or defects. You are responsible for configuring your own information technology, computer programs and platforms in order to access our Website. You must use your own anti-virus software.

XV. Site Abuse

You must not abuse the Website for any reason. You will not commit or support criminal acts, send or distribute viruses including Trojan horses, worms, logic bombs or transmit other harmful material on the Website, harmful technology, violates trust or is in any way offensive or harassing; enter every aspect of the Service; tamper with data; cause disturbance to other users; violating the decency of others; send unsolicited advertising or promotional materials; or try to affect the performance or function of any computer facility or access to the entire Website. Any violation of this provision is a criminal offense under Law 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions and their derivative regulations. If this happens, we will report the violation to the law enforcement authorities and appropriate legal action will be taken.

XVI. Third Party Websites

1. This Website is sometimes linked to other Websites. This connection is beyond our control and responsibility. We do not accept any guarantees for the content or availability of linked sites that are not operated by us. Links to our Website are provided for your convenience only and we do not imply any reliance on or approval of any linked sites. For this reason, you should always refer to the terms and conditions on the relevant site before you use the site and submit your questions or comments directly to the website provider.
2. You are not permitted (nor are you permitted to assist anyone else) to create a link from your Website to our Website (by any means) without written consent, which we can give or refuse in accordance with our policies. You are not permitted to create direct links (Hot Links) to content or images without our prior written permission.

XVII. Content and Website Changes

1. We may change from time to time the Website and its content. Please note that Content on our Website may become outdated and We have no responsibility to update such content.
2. We do not guarantee that our Content and Website are free from all errors and omissions.

XVIII. Use of Cookies

This Website uses cookies, which you must agree to use in order to enjoy the full functionality of this Website. Cookies are files used by our server to identify your computer. The cookies we use will record which parts of this Website you visited and for how long. You have the right to refuse the use of cookies by configuring your web browsing. Please note that such configurations may interfere with some of the functionality of this Website. For more information regarding the use of these cookies, please see our Privacy Policy section.

XVIX. Your Account and Password

1. If you choose yourself or are given a unique code, password or other information in connection with our security procedures, you must treat that information confidentially and carefully. You must not under any circumstances provide such information to third parties.
2. We have the right to deactivate any unique code or password, whether you choose yourself or we create, at any time, if in our view you have failed to implement these General Terms and Conditions
3. If you know or suspect that another party knows your unique code or password, you must notify us and contact us.

XX. Uploading Content to Our Website

1. If there is a feature on our Website that allows you to upload content to our Website, that content must comply with the provisions of these General Terms and Conditions and the provisions of the applicable laws and regulations. You guarantee that if the content does not comply with the required conditions, then you are responsible to us and must compensate us for violations of these provisions.
2. We will consider the content that you upload to our website as non-confidential and does not belong to anyone. You have the property rights to the content, but you hereby give us limited power to use, store and copy the content and to distribute it to other parties.
3. We also have the right to inform your identity to third parties who claim that the content uploaded by you on our website causes violations of those parties' intellectual property rights or their privacy rights.
4. We are not responsible or obliged to indemnify third parties for the accuracy of content uploaded by you or other parties on our website.
5. We have the right to remove uploads or content that you post on our website, if in our view the upload or content is not in accordance with these General Terms and Conditions and the provisions of the applicable laws and regulations.

XXI. Third Party Rights

Except as expressly provided in these General Terms and Conditions or any other agreement between us and you or under applicable law, a person or entity that is not a party to the Agreement has no right under any applicable law to demand performance of any provision of this Agreement, regardless of whether such person or entity has been identified by name, as a member of a class or as fitting a particular description.

XXII. Limitation of Liability and Indemnification

1. In providing the Website and Services, We endeavor and are committed to comply with applicable laws and regulations, including but not limited to Law No. 19 of 2016 concerning Amendments to Law No. 11 of 2008 concerning Electronic Information and Transactions and Law No. 27 of 2022 concerning Protection of Personal Data and its derivative regulations and Financial Services Authority Regulation No. 06/POJK.07/2022 concerning Consumer and Community Protection in the Financial Services Sector (which may be amended from time to time).
2. We are not responsible for any losses arising from your failure to fulfill or neglect to carry out the provisions in the Terms and Conditions of Use, Privacy Policy and Loan Agreement between you and other third parties.
3. We are not responsible for the legal relationship between the Borrower and the Lender in the Loan Agreement, including but not limited to any losses incurred by you or other third parties arising under the Loan Agreement.
4. We are not responsible if after we have accepted the Borrower's application but it turns out that in the future the Borrower fails to perform its obligations under the Loan Agreement to the Lender.
5. Without prejudice to other provisions in the Terms and Conditions of Use, and the Loan Agreement, We are not responsible for any losses arising in connection with:
   1. Unavailability of access from and to the Website, Services, content due to any reason or reason.
   2. Changes, modifications, deletions, additions, termination of the Website, our Services, Content, Terms and Conditions of Use, Privacy Policy and Loan Agreement.
   3. Failure of our system, network, server, connection performance that causes the unavailability of our Website and Services, whether that occurs intentionally or unintentionally, or as a result of the actions of a third party outside of our control.
   4. Inadequacies, deficiencies, imperfections, suitability, inaccuracies, errors, incompleteness and errors of the Website, Services and Content.
   5. Loss of profits, opportunities or data arising from your use of the Website, Content, Services.
   6. Any adverse impacts that you experience as a result of accessing our Website and Services, including but not limited to loss of profits, business interruption, business opportunities.
   7. Any loss incurred by Force Majeure.
   8. Any violation of the waiver of the General Terms and Conditions and Privacy Policy required by applicable laws and regulations, mandatory authority orders or court decisions.
6. AYou agree to indemnify and protect us from losses against all claims, obligations (including statutory obligations and obligations to third parties), costs, expenses, fines, fees (including but not limited to legal costs on a full indemnity basis ), compensation, decisions and/or losses suffered or incurred by us, including profits and opportunities (potential or actual) that can be taken from them or lost, which are caused or arise due to:
   1. a. Your violation of the Terms and Conditions of Use, Privacy Policy, Loan Agreement and applicable laws and regulations.
   2. b. Violation of the representations and warranties as stated above.
   3. c. Actions from third parties using your account that cause losses to us and/or other parties.
   4. d. Negligence from you that causes losses from third parties.

XXIII. Termination

1. We can unilaterally deactivate and close your Account at any time, including to delete all of your information, data and content, either temporarily or permanently without prior notification if in our opinion this is necessary.
2. Termination as referred to in this Article does not eliminate your obligation for all compensation payments that must be paid as stipulated in the General Terms and Conditions and this Privacy Policy.
3. In connection with termination, the Parties agree to waive Article 1266 and Article 1267 of the Indonesian Civil Code.

XXIV. Severability

If any terms or conditions in these General Terms and Conditions as a whole or in part are stated to any extent as invalid or unenforceable based on laws or legal regulations, those terms or conditions or parts are to that extent considered not part of the Terms and Conditions. These General Terms and Conditions and the enforceability of other terms and conditions in the General Terms and Conditions will not be affected. Our failure to exercise or exercise any rights or provisions of these General Terms and Conditions does not constitute a waiver of said rights or conditions, these circumstances or any other circumstances.

XXV. Entire Agreement

The General Terms and Conditions, Privacy Policy and Loan Agreement constitute the entire agreement between You and Us and supersede any and all prior and contemporaneous agreements between You. Any waiver of the General Terms and Conditions will be effective if in writing and signed by an authorized signatory by Us electronically without requiring a physical signature. You acknowledge that, in entering into this Agreement, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from any words or written between you and us prior to the Agreement, unless expressly stated in the Agreement.

XXVI. Force majeure

1. What is meant by Force Majeure are events beyond our control and beyond our reasonable ability that result in delays in the fulfillment of obligations in these General Terms and Conditions, which include, among others, natural disasters such as earthquakes, hurricanes, floods, volcanic eruptions, epidemics, fires, mass strikes, wars, riots, revolutions, chaos caused by economic, political, social, rebellion, unconstitutional changes in government, changes in laws and regulations and changes in government policies in the economic and monetary fields that directly affect us.
2. We will not be blamed if there is a delay in the fulfillment of obligations in this Agreement caused by Force Majeure.
3. You agree not to claim any rights in connection with the non-performance of Our obligations in this Agreement caused by Force Majeure.
4. For the avoidance of doubt, the COVID-19 pandemic is not considered a Force Majeure that may invalidate Your engagement with Us.

XXVII. Taxes and Other Fees

Taxes and other costs incurred in connection with the Service and the Website will be the burden and responsibility of each Party in accordance with applicable regulations.

XXVIII. Announcement

Any notices and notifications based on the Agreement will be given in writing either by letter, facsimile or email to you at the address or email address as informed by you.

XXIX. Electronic Signature of Loan Agreement

If necessary, the signing of the Loan Agreement and its derivative documents can be carried out through an electronic signature that has the same strength and value as the physical signature between the parties.

XXX. Diversion

You agree that your rights and obligations in these General Terms and Conditions cannot be transferred to other third parties, other than the provisions stated in these General Terms and Conditions.

XXXI. Applicable Law and Dispute Resolution

1. All interpretation, implementation and all consequences arising from the Terms and Conditions of Use, Privacy Policy and Loan Agreement are regulated and subject to the laws in force in the Republic of Indonesia.
2. If there is a dispute in the implementation of these General Terms and Conditions, including the Privacy Policy and Loan Agreement, a settlement will be made by deliberation to reach a consensus.
3. In the event that the settlement of disputes through deliberation for consensus is deemed to be fruitless, it is agreed to resolve the dispute through the District Court Registrar's Office at the legal domicile of the Organizer.

XXXII. Opposition

If there is a conflict between these General Terms and Conditions and the Privacy Policy, Loan Agreement or engagements arising in connection with the Website and Services between you and us, then the order of application of the agreement is as follows:

1. General Terms and Conditions.
2. Privacy Policy.
3. Loan Agreement.
4. Other agreements between us and you, if any.

Canceled by law one of the agreements mentioned above does not cause the cancellation of other agreements.

XXXIII. Contact us through Marthacare:

If you experience these things below:

1. Complaints regarding the use of our Website and/or Services; or
2. Your Personal Data has been breached by us, or you communicate with us regarding Personal Data, you can contact us at :
   1. Call Center: 150170
   2. WhatsApp: 0811-1915-0170
   3. Customer Support: support@amartha.com