Last updated: April 3, 2020
The Terms and Conditions are tailored specifically to ensure security and seamless usage of CROWDE’s website including the activities carried out in it. The Terms and Conditions may be altered or updated any time without prior notice. By downloading, installing, or registering to CROWDE’s site, User submits and agrees to be tied to the following Terms and Conditions. If a user disagrees with the Terms and Conditions, it is best for the user to cancel the registration.
Pengguna harus berusia minimal 18 (delapan belas) tahun atau sudah menikah dan tidak berada di bawah perwalian atau pengampuan agar Pengguna secara hukum memiliki kapasitas dan berhak untuk mengikatkan diri pada Syarat dan Ketentuan ini. Pengguna menyatakan dan menjamin bahwa Pengguna telah berusia minimal 18 (delapan belas) tahun atau sudah menikah dan tidak berada di bawah perwalian atau pengampuan dan Anda secara hukum memiliki kapasitas dan berhak untuk mengikatkan diri pada Syarat dan Ketentuan ini.
Syarat dan Ketentuan ini dapat diubah atau diperbarui sewaktu-waktu tanpa pemberitahuan kepada Pengguna sebelumnya.
Dengan mengakses atau mengunduh, pada website CROWDE, Pengguna dianggap telah membaca, mengerti, mengakui dan setuju untuk terikat oleh Syarat dan Ketentuan website CROWDE berikut.
A. Definition
"Website" is a set of pages consisting of several pages and containing information in digital form in text and animated images format provided through the internet, accessible by people across the globe with internet connection.
"CROWDE" is an entity regulated by Financial Services Authority (Otoritas Jasa Keuangan) Regulations No. 77/POJK.01/2016 as intermediary service providers in bridging Lenders and Borrowers via internet connection.
"CROWDE.CO" is the official website of PT. Crowde Membangun Bangsa (CROWDE) that functions as a platform for funding farming, fishery, agriculture, and their commodity trades from CROWDE’s borrowers.
"CROWDE Users" are users of CROWDE.CO’s website and comprises lenders and borrowers.
"User Account" is accounts belonging to CROWDE users that have been registered through the website or the admin panel belongs to CROWDE.
"Lenders" are entrepreneurs or activators in farming, fishery, agriculture, and their commodity trades in Indonesia that submit for funding in CROWDE.
"Borrowers" are entrepreneurs or activators in farming, fishery, agriculture, and their commodity trades that apply for funds to CROWDE.
"Funding Projects" are registered projects on CROWDE’s website that are applied by borrowers to administer certain farming activities (including fishery, animal husbandry, and commodity trade) within a certain period of time.
"Funding Facilities" are financing facilities provided by Lenders for Borrowers based on the Funding Agreement.
"Funding Profit" is the profit earned from Funding Projects to Lenders that has been funded in the project.
"Funding Transaction" is the dispatch of Funding Facilities from lenders to CROWDE to fund one or more Funding Projects.
"Funding Agreement" is the lending agreement that is made and signed by Lenders or CROWDE as the power of attorney with Borrowers that has agreed to receive Funding Facilities through CROWDE and due to change any time.
"Customer Service" is the service that is intended and addressed to the public by CROWDE to collect queries and complaints regarding CROWDE service.
"Dashboard" is the control central panel for lenders to view the status and performance of their funded projects.
"Revenue Sharing Project" is a Funding Project with a revenue sharing scheme in which the project's profit and risk are divided according to the agreement prior to the funding.
"Loan Project" is the Funding Project with a loan scheme with profit based on the specified rate with risk in the form of late payments.
B. General Requirements
If, during any activity runs by and/or by the name of PT. Crowde Membangun Bangsa, there is a contract, agreement, or any covenant that is binding a right and obligation with another party, and in itself is contrary to the Terms and Conditions, then the contract/agreement is considered invalid.
Unless stated otherwise, the reference to statutory provisions is the provisions of the relevant laws and regulations along with their updates.
CROWDE will raise Funding Facilities within the predetermined period of time that is stated in every Funding Project in CROWDE.CO website.
Lenders are obliged to submit correct personal information, including Name, Address, Account Number, and other information. Occurring errors in funds transaction activities or Funds Withdrawal due to lender’s negligence is not CROWDE’s responsibility.
Lenders are unable to transfer, trade, and/or withdraw Funding Facilities from confirmed Funding Project transactions.
The cancelled Funding due to CROWDE or Borrower’s decision will be refunded to the Lender Funds Account of Lender who was involved in the project.
Projects that had been funded and used to run Funding Project cannot be withdrawn under any circumstances until the Funding Project is declared as finished.
Balance in the Lender Funds Account can be used for funding the Projects and/or withdrawn in the form of money with transfer method to the stated account of the Lender, either partially or fully, with confirmation from the Lender beforehand.
Wallet balance for Lenders who own the Wallet can be transferred to Lender Funds Account or withdrawn in the form of money with transfer method to the stated account of the Lender, either partially or fully, with confirmation from the Lender beforehand.
These Terms and Conditions is applied and binds Lenders and Borrowers as users of CROWDE, with exception if: (1) one Party ends their membership with 60 (sixty) days prior notice to other parties (2) one party is declared bankrupt by the power of court and is final.
The membership termination mentioned in the previous particle does not eliminate rights and obligations of the parties that occur as their membership as Borrowes or Lenders before the termination is effective.
If a dispute occurs regarding Funding activity in CROWDE, thus CROWDE, Lenders, and Borrowers must agree to settle it by forum. If it does not settle the dispute, thus all the party must agree to hand it to Indonesian National Arbitration (BANI) by 3 (three) members of the Arbitrator that were appointed according to BANI’s procedure. The arbitrator’s resolution is final, binding, and resistance against legal action, appeal, or cassation.
Communication between every involved party in Funding Project activity in CROWDE is allowed through electronic emails or other electronic media under the condition that each party: (1) agree that, otherwise stated or until there are opposing notifications, electronic mails or electronic media will be acceptable form of communications, (2) noticing one another of each electronic mail address and/or other related information needed for exchange of information, (3) noticing one another on every change or update of electronic mail address or other informations handed to them. Every party will shortly notify other parties after discovering the electronic mail malfunction due to technical reasons (that may continue for more than 24 hours). After the notice is given, until the Party notifies the other Party that the technical damage has been corrected, all notices between the Parties will be sent by fax or letter at the following address:
CROWDE:
U.p: CROWDE Customer Support
Email address: [email protected]
Phone Number: 021-5085-8708
Lenders:
U.p:
Email address: [email protected]
Phone Number: 08xxxxxx
CROWDE:
U.p: CROWDE Customer Support
Email address: [email protected]
Phone Number: 021-5085-8708
Lenders:
U.p:
Email address: [email protected]
Phone Number: 08xxxxxx
C. Crowde’s Terms & Conditions Liability
CROWDE has no obligation to anyone other than has been firmly established in the Membership Agreement, Funding Agreement, collateral documents, and/or joint collateral agreement.
CROWDE has stated and confirmed to Lenders that CROWDE only acts as intermediary and regulating Funding Facilities transaction and CROWDE only distributes the fund to Borrowers according to procedures. To eliminate any hesitations, the fund will only be distributed once the Borrowers have signed the Funding Agreement.
CROWDE has no obligations to check or investigate the negligence event related to the Funding transaction.
CROWDE is not responsible for any action taken or not done in arranging Funding transactions from Lenders to Borrowers based on the Funding Agreement, unless there is any intentional motive or negligence from CROWDE.
CROWDE is not responsible for validity, accuracy, or completeness of information provided by Lenders to CROWDE at the time and during CROWDE regulates the granting of Funding by Lenders based on a Funding Agreement, collateral documents, and/or a joint collateral agreement.
CROWDE is not responsible for validity or accuracy of any statement, collateral, or conditions featured in Funding Agreement, collateral document, and/or joint collateral document, or related to anything in the making, enforceability, originality, binding power or the implementation of the Funding Agreement, collateral agreement, and/or joint collateral agreement for as long as it has been agreed by Lenders.
In making regulations, CROWDE has the right to trust every information, announcement, or documents which is naturally considered authentic, truthful or signed, made or submitted by the authorized party that acts accordingly to the suggestion from legal advisors or any other experts selected by CROWDE for anything regarding negotiations, preparations, productions, or agreement signings on and/or related to the Funding activity.
CROWDE is not responsible to every Lender or Borrower on every consequences resulting from or by the trust priorly mentioned.
CROWDE is able to provide Lenders any announcement, letter, or report that is received by CROWDE from Borrowers or another party regarding or related to the Funding Agreement through Website.
CROWDE is not responsible contractually for the problems occured from Lender’s negligence, data falsification, or actions against the law.
If Membership Agreement, Funding Agreement, collateral document, and/or joint collateral document does not regulate or does not regulate enough on an action, then CROWDE will have the authority to take action based on written instruction from Lenders.
CROWDE does not rule out the possibility to be unable to act, continue, or proceed a transaction or user’s instruction on website, whether partly or wholly, during a certain time or permanently due to things beyond CROWDE’s control including but not limited to (1) any computer virus disruption, (2) system or component that endangers the application, service, and/or website work, (3) natural disaster, war, riot, equipment or system or transmission malfunction, electric or telecommunication disruption, government’s policy, banking system failure, and/or other causes beyond CROWDE’s control or ability. Hereby, User agrees that CROWDE will be released from any charge if CROWDE failed to function optimally or normally, partly or wholly, due to such causes.
D. Lender’s Provisions
Lenders are obliged to fulfill the requirements and complete the documents as regulated on the Website for registration. Afterward, the Lender will be granted a Lender Funds Account to be used on the Website.
Lenders state and confirm that Lenders has checked, evaluated, analysed, and selected the Funding Project themselves by the information provided by CROWDE on the website.
When Lender funded a Project on the Website, Lender is only allowed to withdraw the fund in the Lender Funds Account subtracted by sum of the participation value on the ongoing Funding Project.
Lenders state and confirm that Lenders has checked, evaluated, analysed themselves the Lending Agreement that will be signed by CROWDE in the name of the Lender.
Lenders state and confirm to CROWDE that the Funding they had given in the Lender Funds Account belongs to them and earned by any means not opposing any law applied in Indonesia, including but not limited to the Constitution No.8 on Money Laundering.
Lenders release, exempt, and compensate CROWDE for every or all charge or liability by third parties regarding Funding provided by Lenders in Lender Funds Account.
Lenders release, exempt, and compensate CROWDE for every or all charge or liability by Borrowers, Lenders, or third parties regarding CROWDE’s service, Website, Funding Agreement, and the implementation of the Cooperation Agreement.
Lenders release, exempt, and compensate CROWDE for any obligation and responsibility for Funding provided by Lenders, including the fund earned from the Funding Projects that had not been withdrawn by Lenders from Lender Funds Account.
Lenders will release CROWDE from all responsibility regarding the return of Funding by Lenders and CROWDE will only take action according to the Funding Agreement on the returning of Funding by Borrowers.
Whether there are more than 1 (one) Lenders for a Funding Project, the payment will be divided proportionally according to each Lender’s percentage on the Funding.
E. Funding Requirements
Funding Requirements are the agreed requirements from the funding proposal including information related to, but not limited to: (1) maximum loan limit, (2) Funding Facilities period of time, (3) interest rate or margin or profit share, (4) late payment charge (if determined), and (5) willingness of Borrowers to accept the Funding Facilities if any collected Funds during offering period reach minimum 60% of the Funding Facilities value.
Lenders will select themselves the Funding Project to fund through CROWDE’s Website.
By registering as Lender in CROWDE, Lenders automatically gives irrevocable authority to CROWDE to do actions including, but not limited to: (1) signing Funding Agreement, collateral agreement, and/or joint collateral agreement along with the updates from time to time, for and under the name of Lenders in order to fund Funding Projects selected by Lenders through the Website, and (2) manage the transactions with fund from Financers to run Funding Projects.
The confirmation for Funding transactions by Lenders requires maximum 1x24 hours checking.
On Funding Projects, Lenders are considered to have agreed on the risk of late Funding refund.
On Profit Share Projects, Lenders are considered to have agreed on all the risk on the profit sharing scheme.
Projection calculation from expected profit on Profit Share Projects is a prediction with more or less of the expectation might occur.
F. Terms of Lender’s Funding Account
Every registered Lender in CROWDE will be granted the lender account, that is Lender Funds Account (Rekening Dana Lender/RDL) to deposit Funding and receive refund or Funding Profit.
The purpose of the account is as proof of CROWDE’s commitment to intermediary funding activities without violating any law or regulation on fund collection.
Ownership of Lender Funds Accounts from PT. Bank Negara Indonesia Tbk. is in the name of the Lender himself.
Owning a Lender Funds Account as Lender in CROWDE means giving authority to CROWDE to manage the Lender Funds Account only for settlement of every funding activity transactions that are book-entry, diversion and reception of refund from/to the Lender Funds Account.
G. Users’ Complaints Provisions
CROWDE provides User Complaint Service that holds firmly to Financial Services Authority Regulations (Peraturan Otoritas Jasa Keuangan) No.18/POJK.07/2018 on Consumer Complaint Service in Financial Services Sector and Handbill of Financial Services No. 17/SEOJK.07/2018 on Guidelines for Implementing Consumer Complaints Services in the Financial Services Sector.
Users may contact CROWDE in the number stated on the Website during weekdays Monday - Friday at 10:00 - 17:00.
Users may submit complaints by sending email to the email address stated on CROWDE’s Website.
For complaints containing questions or information regarding CROWDE service, the standard time of completion is maximum 2x24 working hours since the complaint receives a response.
For complaints on project’s performance or CROWDE’s service system, the standard time of completion is maximum 2x24 working hours since the complaint receives a response.
For complaints regarding CROWDE’s management or directors, and may require a third party as problem solving intermediary, the standard time of completion is 20x24 working hours since the complaint receives a response.
Every complaint addressed to CROWDE service will be handled based on the job scheme. Users may submit complaints through the channels that CROWDE has provided.
Every complaint submitted through the Help Form on the Website will be stored by CROWDE to improve service and other necessities in the future. Afterward, CROWDE’s Customer Service will handle the problem and find the best solution.
Every complaint submitted through the phone will be received by CROWDE’s Customer Service and followed by email if any internal cross-department coordination is needed to solve it.
CROWDE has the right to refuse to handle a complaint if the user does not complete the complaint form document requirements and/or the previous complaint has been settled according to the Financial Services Authority Regulations (Peraturan Otoritas Jasa Keuangan) No.18/POJK.07/2018 and/or the complaint has no relevance with the service CROWDE has provided.
H. Business Hours
Working days are Monday - Friday (except for public holidays). kerja adalah Senin – Jumat (kecuali hari libur nasional).
Business hour is at 10.00 – 17.00 (UTC+7) with break time is at 12.00 – 13.00 (UTC+7).
The time for sending funds to the Lenders in disbursing the Funds is on working days and is done during business hours.
I. Ketentuan Perlindungan Data Pribadi
CROWDE senantiasa melakukan perlindungan data pribadi milik Pemberi Dana dan Penerima Dana sebagaimana diatur dalam Kebijakan Privasi dengan berdasarkan Undang-Undang Nomor 27 Tahun 2022 tentang Perlindungan Data Pribadi dan peraturan lain yang terkait.
J. Ketentuan Tanda Tangan Elektronik
Pengguna setuju bahwa setiap persetujuan atas perjanjian yang dibuat secara elektronik maupun dengan menggunakan tanda tangan elektronik, adalah merupakan dokumen asli, tertulis, sah dan mengikat. Pengguna setuju tidak akan mempermasalahkan atau menyangkal keabsahan, keberlakuan, penerimaan transaksi elektronik, Pengguna memahami bahwa transaksi dan dokumen elektronik tersebut dapat dijadikan dan merupakan alat bukti hukum yang sah berdasarkan Pasal 5 ayat (1) Undang-Undang Nomor 11 Tahun 2008 sebagaimana diubah dengan Undang-Undang Nomor 19 Tahun 2016 tentang Informasi dan Transaksi Elektronik.
K. Ketentuan Lain
Sebagaimana yang ditetapkan dalam Peraturan OJK Nomor 10/POJK.05/2022 tentang Layanan Pendanaan Bersama Berbasis Teknologi Informasi, apabila CROWDE tidak dapat melanjutkan kegiatan operasionalnya maka seluruh penyelesaian hak dan kewajiban antara Pemberi Dana dan Penerima Dana akan diselesaikan sesuai dengan ketentuan peraturan perundang-undangan yang berlaku.
