- “We” are BFI Finance, and BFI Finance is an Indonesian financing company that owns a business license and is registered and monitored by the Financial Services Authority (“OJK”).
- “Services” means products and services offered on website for users.
- “Personal Data” means information or data that can be used to identify an individual directly or indirectly, which can be a person or a company.
- “You” means customer, customer candidates, and agents working with BFI Finance as website users.
- “Products” refer to defined products based on Agreement.
- “Website” refers to website located at www.bfi.co.id, including all of its domains and subdomains.
- “Website content” means all content on website and/or BFI Finance’s Services, entirely or partly, including but not limited to design, text, graphic image, photo, picture, image, video, software, music, sound and other files, credit rating, tariff, cost, quotation, history data, chart, statistic, article, BFI Finance’s contact information, any other information, as well as selection and arrangement of such Content.
- “Debtor” is an individual or a company intending to seek financing facility through BFI Finance’s Services.
- 11. “Users” refer to anybody who access and/or use the website, whether the person is registered on the website or not. Every point of these Terms and Conditions applies to all users (regardless of user’s registration status) or business or other kinds of user entity specifically, or if the context determines otherwise, Users are considered to include any business or other entity on behalf of the website or Services accessed by other Users.
- “Agreement” is the whole documents that consist of:
- Financing Agreement; and
- Agreement between BFI Finance and you.
- Access BFI Finance’s Website, use BFI Finance’s Services, and make contract under your personal capacity;
- Access BFI Finance’s Website, use BFI Finance’s Services, and make contract on behalf of a company entity; and
- Have the authority to bind (your or your company) entity on behalf of a party with whom you make contract and the entity agrees to be bound by these Term of Use.
Changes from Time to Time
BFI Finance provides Services in the forms of:
- Providing facilities for Customer Candidates;
- Performing actions under the order of selecting, analyzing, and approving credit application proposed by Customer Candidates.
Your Statement and Assurance
You, with unconditional withdrawal, state and assure that:
- You will use and/or access BFI Finance’s Website, Website Content, Services, User Content, Third-party Websites and Content only for legitimate purposes that are not contravene the applicable laws;
- Use of BFI Finance’s Website and Services does not violate your obligations that have been and will be resulted, including but not limited to your obligations in your agreement with other third parties;
- If you as a Debtor use BFI Finance’s Services, you acknowledge and will perform your basic obligations to make payments pursuant to what you have agreed in the Agreement;
- If there is a delay in your payments as a Debtor in BFI Finance, you acknowledge and state that BFI Finance reserves the right to execute the following actions:
- Give warning letters to Customers;
- Make long distance correspondence with Credit Receiver (desk collection), including by phone, email, or other forms of conversation;
- Visit by Collection Team; and
- Use debt collection agency to conduct follow ups;
- No material whatsoever presented through your account, both posted or shared by you through BFI Finance’s Website, Services, and/or Interactive Services will violate or contravene the rights of any Third Party, including copyright, trademark, privacy, publicity or ownership or other personal matters, defamation or illegal materials;
- Every form of the aforementioned statement and assurance is expressed truthfully, without being forced by any party, and without hiding any fact and material. Therefore, you will be fully liable about the truth of the aforementioned subjects, and you are also willing to be liable either under civil or criminal code if the statement and assurance are found to be irrelevant with the real condition.
Use of Website Content And Services when Online
- Do not use BFI Finance’s Services and Website Content for illegal purposes, and comply with all laws as well as regional, national, and international applicable regulations;
- Do not access without authority, hack, hinder, disturb, deactivate, put excessive load, or interrupt the work or proper display of Website or Services, including but not limited to denial-of-service attack, spoofing attack, session hijacking, reverse engineering perturbation, reprogramming, or utilization of any framing technique to attach any content or other kind of ownership information;
- Do not post any material or data that potentially contains viruses such as Trojan Horse, Worm, Time-bomb, Keystroke Logger, Spyware, Adware, or other dangerous or similar computer codes, file or program designed to interrupt, influence, damage, or limit the function of any computer software or hardware or telecommunication instruments;
- Unless permitted by BFI Finance, do not use automatic script, involve in screen scraping, database scraping, or other activities for the purpose of gaining authorization or other information from Website, Website Content, and Services, or for other kinds of purpose;
- Do not ask for password, collect email addresses, or other kinds of personal data from Website Users, Website Content, and Services through electronic devices or other kinds of device for the purposes of sending emails or communication or other efforts that are not required for performing any credit transaction with members who are not registered in the Services, or any commercial or illegal purpose;
- Do not post or ensure any release of advertisement, request, promotional material, junk mail, spam, chain letters, pyramid schemes that are not required or illegitimate or any other kinds of request;
- Do not post any content that BFI Finance considers dangerous, threatening, slandering, unlawful, humiliating, instigating, insulting, vulgar, pornographic, containing fraud, attacking privacy or right of publicity, hatred, or racial or ethnic discrimination, or subjects likely to be rejected based on laws and national reference such as Internet Code of Ethics from Media Development Authority, or subjects that can expose Users against any loss or obligation, or contravene Standard Content described below;
- Unless permitted by BFI Finance, you can not register for more than one user account, register for one user account under the name of an individual other than yourself, operate user account on behalf or for the interests of anyone that is ineligible to register or operate user account under their own names, or register for an account on behalf of a group or entity;
- Maintain the confidentiality of user identification code, password, or other part of information as a part of BFI Finance’s security procedure;
- Do not hide under the pretense of anyone or any entity, or intentionally state a wrong statement or description about you, your age, or your affiliation, or authority to act on behalf of anyone or any entity, or create false identity on Website or Services;
- Do not try or act in any way to intimidate, insult, or put danger on Users or other parties;
- Any part of BFI Finance’s Website;
- Any instrument or network where the website is stored;
- Any software used in providing BFI Finance’s Website; or
- Any instrument or network or software owned or used by any third party;
- Do not post any form of information or describe information related to any personal information of any third party on Website, including but not limited to address, phone number, email address, Identity Card Number, and Credit Card Number.
- Do not use content or information that if you post, share, use, or upload it on Website and Services you will cause violation of a part or the entire rights of other third party;
- Use safe and trusted internet connection and equipments so that the safety and efficiency of BFI Finance’s Website and Services remain undisturbed;
- Do not avoid or try to avoid any form of security measures from BFI Finance’s Website and Services;
- Maintain the safety of your account, including unique password and other unique information that can be considered identical with your account, and you may be held liable for use of your account by other person other than you;
- Any violation of these stipulations is considered a crime under Law No. 11 of 2008 regarding Electronic Information and Transactions (ITE Law) and its subsidiary legislation. If such matter occurs, BFI Finance will report a violation to law enforcement authority and take accurate legal measures.
Obligations when Accessing BFI Finance
- You must know that the Internet can have hindrance, transmission blackout, transmission delay because of Internet traffic or wrong data transmission as it is an inherent nature of Internet, which is open for public;
- BFI Finance does not guarantee that BFI Finance’s Website and Service or any content will always be available or undisturbed. Access to BFI Finance’s Website is given temporarily. BFI Finance can delay, withdraw, stop, or modify all or any part of BFI Finance’s Website without prior notice. BFI Finance is not responsible to you if, because of any reason, BFI Finance’s Website is not available anytime for any period; and
- BFI Finance does not guarantee that the Website is free from viruses or damages. Therefore, you will be responsible to perform your own information technology configuration, computer program, and platform in order to access BFI Finance’s Website. You must use your own antivirus software.
BFI Finance’s Rights in Website and Services
- BFI Finance reserves the right to change, modify, delay, or stop all or any part of Website or Services anytime. BFI Finance can also limit your access to part(s) or the entire BFI Finance’s Website or Services without giving you prior notice;
- BFI Finance from time to time, without giving any reason or prior notice, can update, change, delay, stop and/or discontinue (including but not limited to any change, deletion, revision, and correction) of all content on BFI Finance’s Website and/or Services, entirely or any part, including but not limited to design, text, graphic image, photo, picture, image, video, software, music, sound and other files, credit rating, tariff, cost, quotation, history data, chart, statistic, article, BFI Finance’s contact information, any other information, as well as selection and arrangement of them (“Website Content”). For the time being, BFI Finance will try to maintain that current prices and costs posted on BFI Finance’s Website remain the same. The prices and costs posted on BFI Finance’s Website may not reflect the changes immediately;
- Ask for all forms of information and any data from you anytime in relation to use of our Services and/or Website, and use BFI Finance’s rights under this stipulation if you refuse to give information and/or data, or if you give, or if BFI Finance has a strong reason to suspect you of providing information and/or inaccurate, misleading, or deceiving data; and
Intelectual Property Right
- Copyright, patent, trademark, registered design, and all kinds of intellectual property right on this Website, Services, and Website Content, including but not limited to copyright in sum of all Content are BFI Finance’s property and remain as BFI Finance’s right.
- BFI Finance, graphic image, logo, design, page header, icon, wording and name of BFI Finance’s Services (collectively, “Brand”) presented on this Website are BFI Finance’s assets and all brands firmly protected by BFI Finance or relevant third parties. Any form of your access to and/or use of Website, Content, and Services can not be considered fulfillment through implication, prohibition to withdraw a promise (estoppel) or any other license or right to use any trademark existing on the Website without prior written consent from BFI Finance or relevant third parties;
- You are not permitted to use any brand without prior consent from BFI Finance. BFI Finance aggressively uses our intellectual property right as long as it is fully permitted by laws. The name of BFI Finance and other brands can not be used in any way whatsoever, including in advertisement or publicity or as a hyperlink without prior written permission from BFI Finance;
- Domain name where this Website resides is absolutely in BFI Finance’s ownership and you can not use or adopt similar name for your own use;
- Under the stipulation that you are entitled to use this Website, you are given limited license to access and use the Website and to downloand or print copy of any part from its content solely for your personal use in relation to your use of Website, Content, and Services, under the condition that you maintain all copyrights or other complete ownership notifications. BFI Finance’s status (and every identified contributor) as the writer of Content on BFI Finance’s Website must always be acknowledged. However, you do not have to change your printed or digital copy of any material you print or download in any way, and you do not have to use any illustration, photo, video, or audio in a series or graphic image separately from any text that comes with it;
- BFI Finance’s Website sometimes linked to other websites. The linkage is outside of BFI Finance’s control and responsibility. BFI Finance does not receive any guarantee regarding content or availability of related websites that are not operated by BFI Finance. The links on BFI Finance’s Website are provided only for your convenience and BFI Finance does not indicate trust or consent regarding the websites. BFI Finance is neither responsible for all information, content from other websites nor gives guarantee for protection and confidentiality of information you give on the websites. Therefore, we suggest you to always refer to terms and conditions existing on related websites before you use them; and
- You are not permitted (both directly or if you help other person) to make links from your website to BFI Finance’s Website (by any means) without written consent from BFI Finance, which can be given or declined pursuant to BFI Finance’s policy. You are not permitted to make direct links (hot links) to content or pictures without prior written permission from BFI Finance.
Your Account and Password
- If you personally choose or are given unique code, password, or other information related to BFI Finance’s security procedure, you must treat the information confidentially and carefully. You must not give it to any third party.
- If you recognize and suspect other third party of knowing your unique code or password, you are obligated to inform and contact BFI Finance.
Uploading Content to BFI Finance’s Website
- If there is a feature in BFI Finance’s Website that allows you to upload content to BFI Finance’s Website, then by posting User Content to any part of the Website, you automatically give, state, and guarantee that you own the right to give to BFI Finance a license (with the right to sublicense) that can not be annulled, timeless, nonexclusive, transferrable, fully paid, possible all over the world to use, copy, compose, store, reproduce, communicate, publicize, show to public, present to public, change, format, translate, excerpt from (entirely or partly), and distribute User Content for any purpose or in connection with Websites, Services, or for operation, improvement, promotion, to prepare derivative work , or merge it into another work, Content Users, and to give and submit the aforementioned sublicense. You can delete your User Content from the Website anytime. If you choose to delete your content, the given license will be ended;
- You aknowledge and agree that any question, comment, suggestion, idea, feedback, or other information about the Website or Services (“Handover”) that you give to BFI Finance is not confidential and is in BFI Finance’s ownership. We will own the exclusive right, including all intellectual property rights, and are entitled for utilization and unlimited distribution of this Handover for any commercial purpose or others, without acknowledgment or compensation for you;
- BFI Finance also reserves the right to inform about your identity to third parties who claim that your uploaded content on BFI Finance’s Website has caused violation of their intellectual property right and privacy;
- BFI Finance is not responsible for or obligated to repay loss to third parties in relation to accuracy of content that you or other parties upload to BFI Finance’s Website; and
Third Party’s Rights
Limitation of Responsibilities and Loss
- In providing the Website and Services, BFI Finance puts efforts and is committed to keep complying with applicable laws, including but not limited to Law Number 11 of 2008 regarding Electronic Information Transactions and its subsidiary legislation and Law Number 8 of 1999 regarding Consumer Protection;
- Unavailability of access from and to Websites, Services, and Content due to any reason and cause;
- Failure in system performance, network, server, or BFI Finance’s connection that causes unavailability of Website and/or application and BFI Finance’s Services; both intentionally or unintentionally; or due to third party’s action outside BFI Finance’s authority;
- Unsuitability, insufficiency, imperfection, incompatibility, inaccuracy, mistake, incompleteness, and error from BFI Finance’s Website, Services, and Content;
- Loss of profit, opportunity, or data resulted from your use of Website, Content, and Services;
- Disadvantages you suffer due to accessing BFI Finance’s Website and Services, including but not limited to loss of profit, business hindrance, and business opportunity;
- Any loss resulted from Force Majeure; and
- You agree to repay the loss and protect BFI Finance from types of loss in relation to all demands, obligations (including obligations based on laws and obligations to third parties), cost, expense, fine, charge (including but not limited to legal charge based on full compensation), compensation, decision and/or loss inflicted or resulted by BFI Finance, including profit and opportunity (of both potential and real) that can be taken or lost, caused by, or resulted from:
- Violation against the aforementioned statement and assurance;
- Actions by third party who uses your account that cause loss upon BFI Finance and/or other parties; and
- Your negligence that causes loss upon third party.
- BFI Finance can at anytime and unilaterally deactivate and close your account registered on the Website, including to delete all forms of information, data, and content; both temporarily and permanently; without giving prior notice if BFI Finance determines it is necessary to be done;
- In relation to termination, all parties herewith agree to disregard Article 1266 and Article 1267 of Indonesian Civil Law (KUHP).
- You confirm and agree not to demand any right in relation to BFI Finance’s failure in implementing obligations in the Agreement due to Force Majeure occurances.
Taxes and Other Costs
All forms of taxes and other costs in relation to BFI Finance’s Website and Services will become the responsibility of each party pursuant to applicable laws.
Any announcement and notification based on the Agreement will be given in written form; both through mail or chatting platform on social media and/or; to your address or email address corresponding with the information you have given.
Transfer of Rights and Obligations
Applicable Laws and Dispute Settlement
- In the event that negotiation for consensus does not give any result, it is agreed to settle the dispute at Tangerang State Court.
- Credit Agreement; and
- Other obligations between BFI Finance and you, if any.
If one of the abovementioned agreements is null and void, it does not cause other agreements to be null and void as well.
Last updated on November 20, 2020.